The URL can be used to link to this page

Home My WebLink About1000-103.-1-21, 22.1 & 22.2 JOHN L. WICKHAM RE—SUBDIVISIONKEY180 .I = 800' 25 N 0WATER SURVEY OE PROPERTY ® SITE P/O LOT 2 F/O LOT 2 LOT I STATE ROUTE LOT LINE MERGER RV233,492 S . Ft. 16,877 Sc[. Ft. 23,71 9 5q. Ft. f 5.3602 ACS 3874 ACRES 5445 ACRES pFo� s° SITUATE : CUTCHOGUf ��aR z�,� TOWN : 50UTHOLD S-odt I°'G °�.nIPlanning Ciao-d C..:XI51 ((�G: I 1._0- i ;�';-','t 19 5q, ft. or .5 445 Ac..;r<;�� , 25 \ 5UffOLK COUNTY, NY < <,- 250, . . 15.7477 ::�rrer �Sr SURVEYED 12-05-2014 UPDATE 1 1 -04-2015 (F/O LOF 2 11,,eincj t:c'lded to LOT i ) 41z,REVI5ED 01 -2G-201 G, TOPIC) 03-02-201G �� S62o GNTGH°GUE ° t 1�'F:C%r'OaI�D: REVISED 07-2 1 -201 G, 07-2G-201 7 c� ^ , - \ 3S4 c / Z� 51T1\ Ov 9� LOI 1 C ,_� G Sc�. �'t:. or 0. , 1 Ac;E°c,.� WICKHAM 0 CREEK. SUFFOLK COUNTY TAX # a�� o� CO 000 _ 103 _ I I _ 21 �o0/ ,� TYPICAL PLOT PLAN 1000 103 1 1 22. 1 F�o� z FF �'1 F O 1000 - 103 - 1 1 - 22.2 do of FIRE DISTRICT No. 29 or�O S T �O �c ROAD SCHOOL DISTRICT No. 9 G APPLICANT: 0'MIN, E.P L.P 5'MIN. S �� Tse JOHN L. WICKHAM � \ � SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Hauppauge,New York66 O house his 15 to certify that the proposed Realty 5ubd!vi5ion or Development for In the O O with a total of lots was \ with a total of lots was /// approved on the above date.Water Supplies and Sewage Disposal 20 O�l�Q �� / o(O 4' WELL FaCIIItIe5 must conform to construction standards in effect at the time of < �\� �� !\ \ ` not to scale construction and are subect to separate permits pursuant to those O Q// standards. This approval shall be valid only if the realty \ \ ~C� Q `�O / 4\ DIRT DRtv�WAY �J BY McDONALD GEOSCI ENCS 12. 16. 14 subdivisicn/development map 15 duly filed with the County Clerk within I ��/ \ yJv f Q TEST HOLE DATA EL= 12' Ione year of this date.Consent 15 hereby given for the fdmg of this map �j on which this endorsement appears in the Office of the County Clerk m �1 1 _ _ _ _S �� O �Q O / `\ ___- I, DARK BROWN LOAM OL bccordance with provisions of the Public Health Law and the Suffolk �ounty 5antary Code c /,)oy G� �� ,T �� fj ` _______ BROWN CLAYEY SAND OL °o�N�P2hq �7�° 9 Vic' ~ (O'J OX l^\ O 3 VITO A.IMINEI P.E l Uti �-j RF 1-h /° C L Director,Division of Environmental Quality HOFS ��s � 1 AFF°y s> ✓otigr?1, �` BROWN FINE TO MEDIUM SAND SP "I HEREBY CERTIFY THAT THI5 MAP WAS MADE BY US FROM ACTUAL SURVEYS �a�S �i� �°Sygti ,/ / (�' COMPLETED JUNE 15,2013*THAT ALL CONCRETE MONUMENTS SHOWN THUS: HEREON ACTUALLY EXI5T AND THEIR POSITIONS CORRECTLY SHOWN AND ( MF ShF hqM Sao ALL DIMENSIONAL AND GEODETIC DETAIL5 ARE CORRECT. T�, '>� S 6 5g, /\ / �,-WELL � \ Jnr wu `�S•2`92' 20 l SS3g�2�`'9S\'` 10, 1 3.0' WATER IN BROWN FINE s- �� Sog�3„ /^ TO MEDIUM SAND SP JOHN C. EHLEP N.Y.P.L.S. LIC#50202 v \ \�O0 °'F / "`! vn 17.0' \ \ p��.< l _ / / � o�o �O� COMMENTS: WATER ENCOUNTERED 13.0' BELOW SURFACE \ 4 / �� THIS IS TOS CERTIFY,BA5ED UPON AN EVALUATION AND V15UAL�I�NS)PECTION OF THE SEWAGE DISPOSAL aC�' - h / d �' �/ ppp/J� FUNCTIONING PPROPERLSUPPLY AN TO UE ADEQUATE TO 15ERVE THE EXSSfiING USE OF THE BUILDINGS) \ 2� \ � ��P ' / � yS- 8 yS y0 O �s/A 3;. 5811-15'3 I,.W � __`�..;r�./� `\.� �3S'� g>,3� �'G° o� = a 35.3 \ ✓_/ 4 F o p MICHAEL MAPES P.E. LIC# 9p < _ /"Ix /0) �J SUFFOLK COUNTY HEALTH DEPARTMENT APPROVAL O O °\ ' -4 / h GR, \ O TEST F4 ! \ t O i o S �Q - gs 95 aP �a ,9�. F� <\gam, 9c O _ - �� '• ,�' ;1 i g3 RFs 'PFS �j 4G- - • •� F s < o ygR2hq yyCOO` C, --,?0 / �A MJF /j �!y�Foi�171 0 jC— - - - - - _ _ _ °oo lJ lw o .%.' g0 \` cy vv>hti r0 OQ /C "Oil-�`, ,: .. // '' Op O / V�O S> ✓off 22/�jo \ -1'/s FvgR2hq�/c//\ O'\ �` / ``� °S6�"!y �O 4`\ �0 /° �� x O�j��•��"/O�% /// \� '\O'OO\• / O s> v, x p/ Co O' o , _ _ • / 6, �\, `� � � ,00 SEPTIC SYSTEM DETAIL NOT TO SCALE 5 / CA5T IRON FRAMIE5 �N��ryP� / ( D COVERS TO GRADE rMg CAST PO `RAMff AND . - _ -- - - �, ` ��Ni-," FO07 624• MIN MO GRADE G"MIN Y CHIMNEYS C ; AN DC M ONR� tt�/,� / 4•P[ 2' IMIN NOTES; Un aUth OrlZed alteration Or addition t0 a survey / " V .IN 4°iA.'PPE OT 21'% M 5HALLOW'^ ma- bearing a licensed land si-irve or's senl is a o"J �0 '/&PERMINF DOME p y ^ L MIN' UMP A,PPE MONUMENT FOUND JOHN C . E H LE RS LAND SURVEYOR violation of section 7209, subt division io of the ry,\ \ "MIN New York State Education Lcw.' / (^'J N� ELEVATIONS REFERENCE SUFFOLK COUNTY MAPS . '.- � n ®rn� PARCELS LIE IN ZONE DISTRICT R-80 AC "Only copies from the original of this survey �v \ MON-THIc , _ y 5EPTIC TANK Orn TOTAL AREA=40,597 5.F.or 0.9319 Acres mach ed with on original of the land surveyor's l°� �� MooMUM stamped seal shall be considered to be valid true \ \ (�! 2 0 AL WALL 3—' ' CGpleS \\ REMOVE IMPERVIOU5501L WITHIN AREA 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 , 3"°�=°NT"LLYA"�6VERTIrAaY. r 1�'^ ""� l BACKFIILL WITH Ct EAN MATERIAL. 1 ,13 "Certifica+ions indicated hereon signify that this '� 3N�IN MUM SEPARgTInN FR{J 1 ` SEASb NAL HIGH GR.OUD WA LK,,n 1\ y, survey was preparers in accord,�ncI- witl-I the RIVERHEAD N.Y. 1 1 901 3G9-8288 Fax 3G9-8287 ' isting Code of Practice for HI y Land Snrve s adonted 5CA50NAL GH `' `—�'�' r' GROUNO WATER by the New York Stcte ,Association of Professional c a l Lnnd Survevors Said certifications shall run only longls andlandsurveyor.com \\J THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAT HAS BEEN APPROVED BY THE PLANNING Lf',h;[, to the person for whom the survev is prepared, I "= I and an his behalf to thA title company, ga�enlrnan- GRAPH IC SCALE 1 — 50 tal agency and lending institution listed hereon, and BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION DATED, o the assign•-es of the lending instill-ition Certifica-, 1 3-2 1J tions are not transferable to additional inst'tutloos DATE: BY: LAW OFFICES WICKHAM, BRESSLERGEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MA'rrITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM W ICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 63I-298-8353 TELEFAX NO.631-298-8565 awickham(u)wbglaw ers.com September 12,v2019 p i Attn: Ms. Heather Lanza Town of Southold Planning Department � J �,,,Vcl 53095 Main Road,Post Office Box 1179 mi�i)�� 3��...i Southold,New York 11971 Re: Property owned by John L.WickhamJonathan Wickham Resubdivsion Final Approval—Resolution of July 8,2019 Premises: 744 Old Pasture Road, Cutchogue,NY 11935 SCTMP 1000-103- 1- 1 (House), 22.1 (Garage),22.2 (Farm) Dear Ms. Lanza: Please be advised that we have been unable to record the two deeds required as part of the Board's Final Approval since Health Department approval of the resubdivision is still pending. Upon receipt of the sta,nped approved map from the Health Department,we will record the deeds at the Suffolk County Clerk's Office, at which time the Clerk's office can verify the two new parcels and issue new tax snap numbers for each deed. As we anticipate Health Department approval within the next four to six weeks,we hereby request a two month extension of the time requirement to submit the recorded deeds to the Planning Department. Thank you for your consideration. Very trCy yours, r, r rI,I Gfidm Abigail A. Wickham �acl r-c/tN°'�Rr�rdaaaraarA�f?��@ vt:?�Yl� Cc john C LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 � � awickham@wbglawyers.com wbglawyers.com August 14, 2019 RECEIVE D l` AUG 1 9 2019 Attn: Ms. Jessica Michaelis 5authold Town Town of Southold Planning Department Planning Board 53095 Main road, Post Office Box 1179 Southold,New York 11971 Re: Wickham & Wickham Resubdivision—Final Approval Premises: 744 Old Pasture Road, Cutchogue, NY 11935 SCTM# 1000-103-11-21,22.1 & 22.2 Dear Jessica: I have enclosed the original Planning Board letter dated July 9, 2019 in the above referenced matter, which has been signed by our clients as per the Board's requirement. Health 1'separtment approval of resubdivision is pending. Very t b, ).otirs, Vbigail AAW/dm A. Wickham encl. re/w/ltrplann ingBdJcssica20l 9 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex S o&;� P.O.Box 1179 54375 State Route 25 � �� Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) Telephone:631765-1938 Southold,NY www.southoldtownny.gov cAt PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2019 Abigail A. Wickham, Esq Wickham, Bressler & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: Final Approval —Wickham &Wickham Resubdivision 744 Old Pasture Road, Cutchogue, NY SCTM#:1000-103.-11-21, 22.1 & 22.2 Zoning District: R-80 Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, July 8, 2019: WHEREAS, this resubdivision proposes to merge part of Lot 2 with Lot 1, where Lot 1 (SCTM#1000-103.-11-21) is 01.54 acres, and Lot 2 contains two tax parcels, SCTM#10030-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11- 22.2, the farm area where the development rights are held by Suffolk County; and WHEREAS, as a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-30 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Read in Cutchogue. SCTM#1000-10311-21, 22.1 & 22.2; and WHEREAS, on November 20, 2017, the Zoning Board of Appeals granted a variance for the nonconforming lot size in 'File#: 7101 with the condition to receive approval from the Southold Town Planning Beard for lot creation; and WHEREAS, on March 29, 2019: the applicant submitted a resubdivision application for review by the Southold 1 own Planning Board; and WHEREAS, on April 22, 2019, the Southold Town Planning Board found the resubdivision application complete at their Work Session; and Wickham &Wickham Resubdivision [21 July 9, 2019 WHEREAS, on May 7, 2019, the Planning Board classified this proposed action as a Type II Action under SEQRA; and WHEREAS, on May 7, 2019, that the Southold Town Planning Board, pursuant to §240- 56 Waivers of certain provisions, waived the following provisions of subdivision; a. Article V: Sketch Plat Review b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP) c. §240-10 (B):Yield Plan d. §240-10 (C): Primary & Secondary Conservation Area Plan e. Article VI: Preliminary Plat Review; and WHEREAS, on May 30, 2019, the application was referred to the Suffolk County Planning Commission and the Suffolk County Division of Planning & Environment, Open Space and Farmland Unit for comment; and WHEREAS, on June 3, 2019, the Public Hearing was held and closed without comment; and WHEREAS, on June 24, 2019, the Suffolk County Planning Commission and the Suffolk County Division of Planning & Environment„ Open Space and Farmland Unit responded with the following comment: 1. We have no objection to the resubdivision proposal which does not affect SC Farm PGR property, as long as there is no change to the SC Farm PDR property boundaries and that it remains under a separate tax number; and WHEREAS, pursuant to the resubdivision Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy:. a Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this resubdivision; and WHEREAS, on July 8, 2019, at their Work Session, the Planning Board found the resubdivision application complete and determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision application; therefore be it RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this resubdivision by the Southold Town Planning Board; and be it further Wickham &Wickham Resubdivision [3] July 9, 2019 RESOLVED, that the Southold Town Planning Board grants Final Approval upon the plan entitled, "John L. Wickham Resubdivision", prepared by John C. Ehlers, Land Surveyor, dated December 8, 2014, last revised July 26, 2017 and authorizes the Chairman to endorse the map. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this resubdivision may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. The statement below MUST be signed by the property owners and returned to the Planning Department to validate this approval resolution. The signed Final Approval resolution must be brought to the Suffolk County Clerk's Office when filing the deeds to accomplish the resubdivision for certification of the Planning Board's approval. I understand that Southold Town Planning Board approval of this Resubdivision does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. John L. Wickham Signature of(Property Owner 1) Print Name Jonathan Wickham Sig ,at a of (Property Owner 2) Print Name If you have any questions regarding the above, please contact this office at 765-1938. Respectfully, Donald J. Wilcenski Chairman cc: Assessors w/ map Building Department w/ map OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexfiF sooP.O. Box 1179 54375 State Route 25 s `� y Southold, NY 11971 4,�4 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov COUNT`1, PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2019 Abigail A. Wickham, Esq Wickham, Bressler & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: Final Approval — Wickham & Wickham Resubdivision 744 Old Pasture Road, Cutchogue, NY SCTM#:1000-103.-11-21, 22.1 & 22.2 Zoning District: R-80 Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, July 8; 2019: WHEREAS, this resubdivision proposes to merge part of Lot 2 with Lot 1, where Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres, and Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11- 22.2, the farm area where the development rights are held by Suffolk County; and WHEREAS, as a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2; and WHEREAS, on November 20, 2017, the Zoning Board of Appeals granted a variance for the nonconforming lot size in File#: 7101 with the condition to receive approval from the Southold Town Planning Board for lot creation; and WHEREAS, on March 29, 2019, the applicant submitted a resubdivision application for review by the Southold Town Planning Board; and WHEREAS, on April 22, 2019, the Southold Town Planning Board found the resubdivision application complete at their Work Session; and Wickham & Wickham Resubdivision [2] July 9, 2019 WHEREAS, on May 7, 2019, the Planning Board classified this proposed action as a Type II Action under SEQRA; and WHEREAS, on May 7, 2019, that the Southold Town Planning Board, pursuant to §240- 56 Waivers of certain provisions, waived the following provisions of subdivision, a. Article V. Sketch Plat Review b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP) c. §240-10 (8): Yield Plan d. §240-10 (C): Primary & Secondary Conservation Area Plan e. Article VI: Preliminary Plat Review; and WHEREAS, on May 30, 2019, the application was referred to the Suffolk County Planning Commission and the Suffolk County Division of Planning & Environment, Open Space and Farmland Unit for comment; and WHEREAS, on June 3, 2019, the Public Hearing was held and closed without comment; and WHEREAS, on June 24, 2019, the Suffolk County Planning Commission and the Suffolk County Division of Planning & Environment, Open Space and Farmland Unit responded with the following comment: 1. We have no objection to the resubdivision proposal which does not affect SC Farm PDR property, as long as there is no change to the SC Farm PDR property boundaries and that it remains under a separate tax number; and WHEREAS, pursuant to the resubdivision Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this resubdivision; and WHEREAS, on July 8, 2019, at their Work Session, the Planning Board found the resubdivision application complete and determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision application; therefore be it RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this resubdivision by the Southold Town Planning Board; and be it further Wickham & Wickham Resubdivision [3] July 9, 2019 RESOLVED, that the Southold Town Planning Board grants Final Approval upon the plan entitled, "John L. Wickham Resubdivision", prepared by John C. Ehlers, Land Surveyor, dated December 8, 2014, last revised July 26, 2017 and authorizes the Chairman to endorse the map. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this resubdivision may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. The statement below MUST be signed by the property owners and returned to the Planning Department to validate this approval resolution. The signed Final Approval resolution must be brought to the Suffolk County Clerk's Office when filing the deeds to accomplish the resubdivision for certification of the Planning Board's approval. I understand that Southold Town Planning Board approval of this Resubdivision does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. Signature of (Property Owner 1) Print Name Signature of (Property Owner 2) Print Name If you have any questions regarding the above, please contact this office at 765-1938. Respectfully, Donald J. Wilcenski Chairman cc: Assessors w/ map Building Department w/ map Southold Town Planning Board Work Session —__July 8 2019 — Page 3 t Project Name: Wickham &Wickham Resubdivision ' SCTM#:; 1000-103.-11-21 & e22.2 Location: 744 Old Pasture R 11 oad, +/- 2 11 00' southwest of Old Pasture Road, Cutchogue Description: :, The resubdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 1 (SCTM#1000-103.-11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and u SCTM#1000-103.-11-22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 1 will increase in size from 0.54 acres to 0.93 acres in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File#: 7101. This parcel is located on a right- 20,0,',, ight- _. 200 southwest of Old Pasture Road in Cutchogue, Pending, Action 9 Review w for Determination � Attachments: ; Staff Re ort Discussion: ❖ Draft Monthly Report for June Note: ❖ Code Committee Meeting: Wednesday, July 10, 2019, 2:30 p.m. Annex Executive Board Room Agenda: Bulk Schedule Lot Coverage Southold Planning Department Staff Report Subdivision Application Work Session Review Date July 8, 2019 Prepared By: Erica Bufkins I. Application Information Project Title: WICKHAM & WICKHAM RESUBDIVISION Applicant: John L. Wickham Date of Submission: March 27, 2019 Tax Map Number: 1000-103.-11-21, 22.1 & 22.2 Project Location: +/- 200' southwest of Old Pasture Road in Cutchogue Hamlet: Cutchogue Zoning District: R-80 II. Description of Project Type of Subdivision: Re-subdivision Acreage of Project Site: 6.2 acres — 0.39 acres to be transferred # of Lots: 2 This re-subdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 (SCTM#: 1000-103.-11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#: 1000- 103.-11-22.1, the reserved area of 0.39 acres, and SCTM#: 1000-103.-11-22.2, the farm area where the development rights are held by Suffolk County. As a result of this re-subdivision, Lot 1 will increase in size from 0.54 acres to 0.93 acres in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File#: 7101. This parcel is located on a right-of-way beginning on the west side of Old Pasture Road, +/- 650' southwest of Pequash Avenue in Cutchogue. III: Status Pending IV: Action to review Public Hearing & Referral Comments SCDHS Review Final Determination V: Project Analysis On April 16, 2012, the development rights on SCTM#: 1000-103.-11-22 were sold to Suffolk County, which created SCTM#: 1000-103.-11-22.2, the farm parcel (proposed Lot 2), and SCTM#: 1000-103.-11-22.1, the reserved area. Page 2 The residential parcel, SCTM#: 1000-103.-11-21 (proposed Lot 1), is currently undersized in the R-80 Zoning District. This re-subdivision would merge SCTM#: 1000-103.-11-22.1 & 21 to create one, less nonconforming parcel. The Zoning Board of Appeals approved of the undersized lot area in their determination on File #7101 on November 20, 2017. As a result of this re-subdivision, Lot 1 will become less nonconforming in the R- 80 Zoning District and Lot 2 will be entirely comprised of the farm parcel, of which the development rights belong to the County. On April 22, 2019, the Planning Board found the Re-subdivision application complete. On May 6, 2019, the Planning Board waived the following subdivision provisions: a. Article V. Sketch Plat Review b. §240-10 (A). Existing Resources Site Analysis Plan (ERSAP) c. §240-10 (8): Yield Plan d. §240-10 (C): Primary & Secondary Conservation Area Plan e. Article VI: Preliminary Plat Review On May 6, 2019, the Planning Board also classified the action as a Type II action under SEQRA and set the Public Hearing for June 3, 2019. VI: Suffolk County Planning Commission The application was referred to the Suffolk County Planning Commission and the Suffolk County Division of Planning & Environment, Open Space and Farmland Unit for comment. The following comments were provided: 1. On June 24, 2019, the Suffolk County Planning Commission responded that this proposal should be a matter for local determination. 2. On July 2, 2019, the Suffolk County Division of Planning & Environment, Open Space and Farmland Unit responded that there was no objection to the re-subdivision proposal, which does not affect SC Farm PDR property, as long as there is no change to the SC Farm PDR property boundaries and that it remains under a separate tax number. VII: Public Hearing The Public Hearing was held and closed on June 3, 2019 without comment. VIII: Suffolk County Department of Health Services Pursuant to the Resubdivision Policy set by the Planning Board in February 0l 1, this application is efigible for decision from the PlanniMpp mo J!gr to Page 3 receiving ap.p oval by the Suffolk. County Dep rtment of Health Services SCDHS as it meets the following criterion set forth in that pof cy 1. Where no new development potential will be created in the parcel to which the land is transferred. No new development potential will be created as a result of this re- subdivision, as the application proposes to merge SCTM#: 1000-103.- 11-22.1 & 21, the reserved area and residential lot, to create one, less nonconforming parcel. XI: Items to Consider 1. Does the Planning Board accept the comments from the Suffolk County Planning Commission and the Suffolk County Division of Planning & Environment, Open Space and Farmland Unit? 2. Does the Planning Board find that the proposed action meets all the necessary requirements of Town Code §240-57 for a re-subdivision application? 3. Does the Board agree to allow a re-subdivision approval by the Planning Board prior to approval from the Suffolk County Department of Health Services as put forth through the Re-subdivision Policy passed by resolution in February 2011? 4. Does the Planning Board agree with making a Final Determination on the application at the Public Meeting scheduled for tonight, July 8, 2019? COUNTY OF SUFFOLK �. pe 41 �_ mm 'AA- 0 .1,, H111 Steven Bellone C SUFFOLK COUNTY EXECUTIVEa(XL� {��"'�' 6 Department ofNan in�4'ig _.. ._..................,::._.....�...._...- ...... .........- �.. Economic Development and Planning Theresa Ward Division of Planning and Environment Deputy County Executive and Commissioner June 20, 2019 Erica Bufkins,Planner Trainee Town of Southold Planning Board Southold Town Hall Annex 54375 Main Road,P.O.Box 1179 Southold,NY 11971 Re: Town of Southold Planning Board referral: Wickham& Wickham Resubdivision SCTMNos.: 1000-103.00-11.00-021.000, 1000-103.00-11.00-022.001, and 1000-103.00-11.00-022.002 (SC Farm PDR) Location: 744 Old Pasture Road, Cutchogue, NY 11935 Dear Ms. Bufkins: I am writing in regard to your memorandum letter dated May 30, 2019 to Lauretta Fischer,Chief Environmental Analyst in the SC Division of Planning&Environment, Open Space and Farmland Unit. You had requested comments in regard to a resubdivision referral for the above-referenced property. In regard to your two request for comments below,we have the following responses: 1. Comments or requirements from the Suffolk County Planning Commission that the Southold Planning Board should take into consideration while reviewing the proposed project. Any request for comments from the Suffolk County Planning Commission should be directed to Andrew Freleng, Chief Planner in the SC Division of Planning&Environment, Regulatory Review Unit. 2. Issues of concern you believe should be evaluated. Please be advised that we have no objection to the resubdivision proposal which does not affect SC Farm PDR property (SCTMNo. 1000-103.00-11.00-022.002) as long as there is no change to the SC Farm PDR property boundaries and remains a separate tax map number. We appreciate your communicating with us regarding this matter. Should you have any questions,please contact me at(631) 853-4863. Sincerely, Andrew Amakawa Senior Planner cc: Laurette R. Fischer, Chief Environmental Analyst, SC Division of Planning and Environment H.LEE DENNISON BLDG ea 100 VETERANS MEMORIAL HWY,2nd 171 a P.O.BOX 6100 as HAUPPAUGE,NY 11788-0099 as (631)853-5191 S,A COUNTY OF SUFFOLK -� E ,� P�annirig Board Steven Bellone -w ..._.�._. ...., ,..........,_.._ ... ._ SUFFOLK COUNTY EXECUTIVE Theresa Ward Department of Deputy County Executive and Commissioner Economic Development and Planning June 17, 2019 Town of Southold Planning Board P.O. Box 1179 54375 Route 25 Southold,NY 11971 Attn: Erica Bufkins, Planner Trainee Re-Subdivision: "Wickham & Wickham Re-subdivision" Suffolk County Tax Map No.: 1000 10300 1100 021000, 022.001, 022.002 Suffolk County Planning File No.: LS-G-2431 Dear Ms. Bufkins: Pursuant to the requirements of Section A14-24,Article XIV of the Suffolk County Administrative Code,the above captioned proposed final plat that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely, Sarah Lansdale, AICP Director of Planning Theodore R. Klein, Principal Planner Division of Planning and Environment TRK/cd H.LEE DENNISON BLDG 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100 a HAUPPAUGE,NY 11788-0099 a (631)853-5191 OFFICE LOCATION: ; MAILING ADDRESS: P.O. Box 1179 Town Hall Annexa 54375 State Route 25 + �� Southold NY 11971 (cor. Main Rd. &Youngs Ave. ` � '� Southold, NY Telephone: 631 765-1938 www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 4, 2019 Abigail A. Wickham, Esq Wickham, Bressler & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: Public Hearing - Wickham & Wickham Resubdivision 744 Old Pasture Road, Cutchogue, NY SCTM#:1000-101-11-21, 22.1 & 22.2 Zoning District: R-80 Dear Ms. Wickham: A Public Hearing was held by the Southold Town Planning Board on Monday, June 3, 2019 regarding the above-referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com ' May 30, 2019 ' "'" Attn: Ms. Heather Lanza Board Town of Southold Planning Department G�drur¢ec� - "-' 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Wickham & Wickham Resubdivision—Public Hearing June 3,2019 Premises: 744 Old Pasture Road, Cutchogue,NY 11935 SCTM# 1000-103-11-21,22.1 & 22.2 Dear Ms. Lanza: I have enclosed the original Affidavit of Mailing and Affidavit of Posting in connection with the above referenced hearing. Very tally yours, AAW/dm Abigail A. Wickham encl. re/w/ltrplanningBdAffmailingposting20]9 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 744 Old Pasture Road, Cutchogue, NY 11935 by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on _ May 18, 2019. (Affidavit of Mailing attached separately) receipt of which are a r� � r . of every property which Abigail A. Wickham Your N m (print) Signatur P.O. Box 1424, Mattituck, NY 11952 Address May 30, 2019 Date . M � 3 011,5) Notary Public 00NNA McGAHAN of New York No. ()IMr,4851459 01L]a1glad In Suflolk OUB .. Commission pimaAug. PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 5/31/19 Re: Proposed Resubdivision for Wickham & Wickham SCTM#s: 1000-103.-11-21 22.1 & 22.2 Date of Public Hearing: Monday, June 3, 2019 6:01 P.M.. /MAILING AFFIDAVIT OFI This is to serve notice that I personally posted the property known as 744 Old Pasture Road, Cutchogue, NY 11935 b l er-1N ( - facing the streets) where cast ave checked to be sure the poster- I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on May 22, 2019 (see attached list) (Affidavit of Posting attached separately) Donna McGahan Your Nme (print) Signtp e P.O. Box 1424, Mattituck, NY 11952 Address May 30, 2019 Date Notary Public Cheryl Simons NotaryPubl'1c,Stara Of NeW York No, 1-4970341 GoalMed in Suffolk County . Commission Expires February 4, 0 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon Fri. 5/31/19 Re: Proposed Resubdivision for Wickham & Wickham SCTM#s: 1000-103.-11-21 22.1 & 22.2 Date of Public Hearing: Monday, June 3 2019 6:01 p.m. I 4V m 1�10Y a JO ,L'f t ." „Er `� ri r $32 t0 11952 a 6 D t '�Ssrvit.u.sus tfAark Exilra . 130Pal Ll Pill a,tiol ttrdmArd El Return ReeeltnpReuReceipt electrac4Postmark O0Rn Rci ( trorc) $ Postmark O ❑GMail Restricted Delivery $ HereED D C-0111alivery d Mail Restricted De $ O ❑Acult Signature Required $ 1iu:s— Here #r r irr r O ❑Adult Signature Regeairc.�c9 $ ... ,...,,_ r _ L�"-� nature Resirfeter!Delivery Ej Adult Signature Rest,icard Delivery$, Adult P ED Postage $0.55 � Pw't"xTrtll�,[4 ....�,_ .., ..,, tie Ln p9s�1 i�Cz�taat p avuwf Pit 0�t/22/2i 119 m t emit J"P r 05/22/21119 x.35 SFr of net;t(Sf.oda,.tr ... ._., Sent To '� _Wickham Far rl�land, LL '� Thomas.. rtcisalie Wacker O d7aa�t�d r No r�aYPOFaax�da-_._. ___.... r..... ... .......... 28770 Route m_.... � .. _ .��__.. �` ea street aatco>ue N 119 "a•±f .. m w O Z mimes= ma)a(D TJ r7 ar W'm'm a c c C � o m e4 & a¢ av en in N z� v Q' d ell�q Mall Fee r wa c c 8C f" 0 "r 17,1 Ln �l� �� C%' Y� E °`� m 50 0952 11111 ❑ ❑1:1 .. a e _d 06 ❑r a turn Receipt P o rchare^k bcil all led r aµ� P(hardcopy) $—� '.; "Cd w-^^ '"" v' m P( ) MW�� ®•. � ❑Return Recd t electronic $ ,,,, 0�. Postmark e '�" � as > � _• ElCadCadillac! '^A Mail Restricted Delivery $ E1 i Here '>- µ„ I d § ,.„, . E]Adult Signature Required $ N ❑ ry Adult Signature Restricted gqDelive $ � PLt'yhlk(e �Li.J•. iV V t I `n (1`/22/2019 ' 1x .85 _.— LU �a � '�` 3oa qt Pes4a tfi 4rll aIto F- .t Neville Town Clerk vs ri �eTf t a X CS 00 Stvdand � a ®raxna� oiCl❑ ❑k ❑L� P.O. 80 1.179 r rn r-i . 4 , _ O 0 Pq � N �' ra v to — o z za ra z v a W n � r Co c .O tr b a% ra Cis ,-I e'i -_ LO C3 y0 4J �-• 'r-3 e7 u7 . Oman M 00 - tu .^ o ALo E . ua p 'O -wb O LL Cn a d Adjacent Property Owners for Wickham &Wickham Resubdivision SCTM#1000-103.-11-21, 22.1 &22.2 Qag 1000-102.-6-20.2 Wickham Farmland LLC, 28770 Route 25, P.O. Box 999, Cutchogue, NY 11935 ✓1000-103.-11-20 Thomas Wacker & Isabel Wacker, 600 6th St. , Brooklyn, NY 11215 1000-103.-11-23 Wickham Farmland LLC, 28770 Route 25, P.O. Box 999, Cutchogue, NY 11935 ✓1000-110.-1-2 (Town Underwater Land) Town of Southold, Attn: Betty Neville, Town Clerk, P.O. Box 1179, Southold, NY 11971 Southold Town Planninq Board Notice to Adjacent PropertV Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Resubdivision; 2. That the properties which are the subject of the application are located adjacent to your property and are described as follows: SCTM# 1000-103.-11-21, 22.1 & 22.2; 3. That the property which is the subject of this application is located in the R-80 & AC Zoning Districts; 4. This resubdivision proposes to merge part of Lot 2 with Lot 1; Lot 1 (SCTM#1000-103.- 11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11-22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FI., Former Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website WWW. O(Atlioldtowiiny. ov; 2. Click on Town Records/Weblink icon located on the home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Resubdivisions", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above), Or by sending an e-mail message to J sicaMpsgLthold:.tq_✓Dli ,Loy; 6. That a Public Hearing will be held on the matter by the Planning Board on Mon 1py, June 3 2019 at 6:01 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: John Wickham Date: 5/10/19 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Wickham & Wickham Resubdivision Address: 11752 Harford Road, P.O. Box 928, Glen Arm, MD 21057 Land Owner (if other tha'n applicant): Land Owner Address: Description of Proposed Project: The resubdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11- 22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2 Property Location (road and tax map #): 744 & 726 Old Pasture Road, Cutchogue, SCTM#1000-103.-11-21, 22.1, 22.2 Is this parcel actively farmed? Yes _No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-102.-6-20.2, 1000-103.-11-1.2, 1000-103.-11-23, 1000-102.-6-23.2: Wickham Farmland LLC, P.O. Box 928, Cutchogue, NY 11935 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. � 1 _o/ licant/A ent Signature 0/7- A � g g Date y OFFICE LOCATION: �� W MAILING ADDRESS: Town Hall Annex ��,�� ,"�''; P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) a� Telephone: 631 765-1938 Southold, NY �� www.southoldtownny.gov % PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Farmland Commission — Lauretta Fisher From: Erica Bufkins, Planner Trainee Date: May 30, 2019 Re: Subdivision Application Review: • Request for Comments pursuant to Section A14-24, Suffolk County Administrative Code • Request for Comments pursuant to General Municipal Law §239 (as a referral) and Southold Town Code §280-131 The purpose of this request is to seek comments from your agency. Please provide the following, as applicable: 1. Comments or requirements from the Suffolk County Planning Commission that the Southold Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. Town of Southold 2 Planning Department Referral Project Name: Wickham &Wickham Resubdivision Address: 744 Old Pasture Road, Cutchogue, NY, 11935 Tax Map #: 1000-103.-11-21, 22.1 & 22.2 Requested Action: The resubdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000- 103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11-22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2. SEQRA Classification: ( ) Type I (X) Type II ( ) Unlisted Contact Person: Erica Bufkins Planner Trainee Southold Town Planning Board (631) 765-1938 Enclosures: • Subdivision Application Form • Subdivision Map • SCPC Referral Submission Cover Sheet Appendix A - County Referral For Appendix A—Suffolk County Planning Commission Guidebook 15 / • • • • / 2 11 Municipality: guthold_ Hamlet: Cutcho Local Case Number: District: 1000 Section: 103 Block: 11 Lot: 21 22.1 &22.2 Local Meeting Date: Application/Action Name: pp a &Wickham ivision Public Hearing: Yes No Referral: SEORA Action: Rsferr ra A ens Twee of Rerer Draft EIS Positive Declaration .9 �i�g Board or Comnrtgssion New EAF Final EIS Negative Declaration Zo:iiin 'c9r�ppet l Exparisron Lead Agency Findings Town Board/Village Board of odlfrcatiorp Draft Scope Trustees Brief description of application or proposed action: The resubdivision(�roposes to mere part of Lot 2 with Lot t Lot 11 SCTM1000-1011'1- 1)iS 0.54 acres Groot 2 contains two tax,parcels, SCTlv11000-10:3.-1 -22,'9,the reserved area of 0. acres, and SCTI'ti11000 10;3.-11-22.2 the farm area where tura deve6oTrme"nt ri�,g8 1s are held b, SlafFolk C0"""'As a result of this resubdivision, Lot 2�will no longer contain a reserved area„ IPI Lot 1 will increase in s�lze from 0.54 acres to g.OS acres, in the R-00 Zoning District, The Zoning Board of A. weals ranted a variance fcrr the noncolttornpnq lot size In Fico: 7101, This��rafceG is located on a right-of way +P 20t)"soi hwest of Yqd PastLa e F oad GI°t Caatcbrotlue SC tIv11000 103 '11-21, 22 1 I I2,2 Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one mile of a nuclear power plant or airport or within 500 feet of: A municipal boundary; The boundary of any existing or proposed county, state,or federal park or other recreation area; The right-of-way of any existing or proposed county or state road; An existing or proposed county drainage channel line; - The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water, The boundary of county, state, or federally owned land held or to be held for governmental use; The boundary of a farm located in an agricultural district. Comprehensive Plan (Adoption or Amendment) Subdivision Zoning Ordinance or Map(Adoption or Amendment) Use Variance Code Amendment Area Variance Official Map Special Use Permit/Exception/Conditional Use Moratorium Site Plan Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements. Additional Application Information Action Previously Referred to Suffolk County Planning Commission rdgpnLk!.Bt� a12690 Pago_ffj t b Suiicroll,,,,, Cot er Adjacent Municipality Notified (see NYS GML 239 nn) Yes No N/A Located Within Long Island Pine Barrens Zone Yes No Workforce/Affordable Housing Yes No N/A Energy Efficiency Yes No N/A Zoning Board of Appeals Approval Yes No N/A Suffolk County Department of Health Approval/Comments Yes No N/A New York State Dept.of Environmental Conservation Approval/Comments Yes No N/A New York Statel Suffolk County Dept.of Public Works Approval/Comments Yes No N/A Suffolk County Sanitary Code Article 6,Groundwater Management Zone- 1 II III IV V VI VIII VIII Contact Information Municipality: Southold Town Department/Agency: _Planning Department Contact Name:Erica Bufkins Email Address rMca3@s gutholdttownrtyclov Phone Number: (631)765-193 Applicant:John L,Wickham Contact Name:Abigail Wickham,Esq. AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Wickham & Wickham Resubdivision Address: 11752 Harford Road, P.O. Box 928, Glen Arm, MD 21057 Land Owner (if other than applicant): Land Owner Address: Description of Proposed Project: The resubdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11- 22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2 Property Location (road and tax map #): 744 & 726 Old Pasture Road, Cutchogue, SCTM#1000-103.-11-21, 22.1, 22.2 Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-102.-6-20.2, 1000-103.-11-1.2, 1000-103.-11-23, 1000-102.-6-23.2: Wickham Farmland LLC, P.O. Box 928, Cutchogue, NY 11935 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. p carp gent Signature D to OFFICE LOCATION: ��-" '�:� MAILING ADDRESS: Town Hall Annex �� " ,r�'-�4 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (Cor. Main Rd. &Youngs Ave.) , Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov !�Aa COU ou PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Abigail A. Wickham, Esq Wickham, Bressler & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: SEQR Classification, Waiver of Requirements & Set Hearing Wickham & Wickham Resubdivision 744 Old Pasture Road, Cutchogue, NY SCTM#:1000-103.-11-21, 22.1 & 22.2 Zoning District: R-80 Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 6, 2019: WHEREAS, this resubdivision proposes to merge part of Lot 2 with Lot 1, where Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres, and Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11- 22.2, the farm area where the development rights are held by Suffolk County; and WHEREAS, as a result of this re-subdivision, Lot 2 will no longer contain a reserved. area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2; and WHEREAS, on November 20, 2017, the Zoning Board of Appeals granted a variance for the nonconforming lot size in File#: 7101 with the condition to receive approval from the Southold Town Planning Board for lot creation; and WHEREAS, on March 29, 2019, the applicant submitted a resubdivision application for review by the Southold Town Planning Board; and Wickham & Wickham Resubdivision [2] Mqy7:--2019 WHEREAS, on April 22, 2019, the Southold Town Planning Board found the resubdivision application complete at their Work Session; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and W'H'EREAS the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest of the public health, safety and general welfare because this resubdivision does not create any additional residential building lots, reduces by one the number of residential dwelling units, and the amount of land being transferred from one lot to the other is small, and therefore are eligible for a waiver: a. Sketch Plat Review b. Existing Resources Site Analysis Plan (ERSAP) c. Yield Plan d. Primary & Secondary Conservation Area Plan e. Preliminary Plat Review WHEREAS„ the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR„ Part 617, has determined that the proposed action is a Type Ml Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments,"; be it therefore RESOLVED, that the Southold Town Planning Board hereby classifies this proposed action as a Type II Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision; a. Article V. Sketch Plat Review b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP) c. §240-10 (B): Yield Plan d. §240-10 (C): Primary & Secondary Conservation Area Plan e. Article VI: Preliminary Plat Review; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, June 3, 2019 at 6:01 p.m. for a Public Hearing upon the map entitled "John L. Wickham Resubdivision", prepared by John C. Ehlers, Land Surveyor, dated December 8, 2014, last revised July 26, 2017. Wickham & Wickham Resubdivision [3] May 7, 2019 Please refer to the enclosed co J . of Chapter 5''5 Notice of Public Hearing, in regard to the Town's notification rocedure. The notification form is enclosed for our use. The si nand the ost will need to be picked u at the Plannin Board Office Bouthold Town Annear. Please return the enclosed.Affid'av'it of Posting n along with the certified mailin recei is AI" D the si Aned green return recei t cards before 12':00 noon on Prida MIM4 31 2019. The sic n and the post need to be returned to the PlanningBoard Office after the ublic hearin is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Southold Town Plannin Board Notice to Adiacent Property Owners You are hereby given notice: 1 . That the undersigned has applied to the Planning Board of the Town of Southold for a Resubdivision; 2. That the properties which are the subject of the application are located adjacent to your property and are described as follows: SCTM# 1000-103.-11-21, 22.1 & 22.2; 3. That the property which is the subject of this application is located in the R-80 & AC Zoning Districts; 4. This resubdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 (SCTM#1000-103.- 11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11-22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District, The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Former Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold websiteWW. ou h ldtowr�n . ; 2. Click on Town Records/Weblink icon located on the home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then Resubdivisions , then Pending , 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: JessicaMsoutholdtonn . .oy; 6. That a Public Hearing will be held on the matter by the Planning Board on Mondy,J?un 3 2019 at 6:01 .m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: John Wickham Date: 5/10/19 Adjacent Property Owners for Wickham &Wickham Resubdivision SCTM# 1000-103.-11-21, 22.1 & 22.2 1000-102.-6-20.2 1000-103.-11-20 1000-103.-11-23 1000-110.-1-2 (Town Underwater Land) A W qG B ea "4411 prNK) � b v OA a 1 Y q 1 aGg1 n W a ^ F 1y �4� � v �a fle � d s�� 4 1�, 1 � o,E� �✓,,9"�� N a IJ e /or# n xpFl. rte, ens" '� ��\ �a'b �� .✓ �a '� �''�•� �� e r u '�r � '�.@x � za3 � I I N �`v, v ✓°� a Pt,F a eR\,� 4 d d II �� u � t 5 *�. � V ,"A�rU,,m •rye '"J_ His s B 5 A,^ a INA a / 66,1altIgo, K �qsq so o - r a p- p a h ,r .A ib I � M y� It 3NilT '� H�1bW 3N[l y g vs LBt'ON'O 336 tvbr� F O 3N HO1" F ,e ev d / / rr 9 -' �r •'r s k .w w ; �I "e fF� f ,v � �``� /F� x ni � � wa a � �� •,as+� I g - �y "`. . .�•--ii Oft \\ 111r 4y/ — IdO1NW � 3NIl r F em.v9 v]x 3xz 404'ON'039339 1 RTpo�� n p AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Wickham & Wickham Resubdivision Address: 11752 Harford Road, P.O. Box 928, Glen Arm, MD 21057 Land Owner (if other than applicant): Land Owner Address: Description of Proposed Project: The resubdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11- 22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutcogue. SCTM#1000-103-11-21, 22.1 & 22.2 Property Location (road and tax map #): 744 & 726 Old Pasture Road, Cutchogue, SCTM#1000-103.-11-21, 22.1, 22.2 Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-102.-6-20.2, 1000-103.-11-1.2, 1000-103.-11-23, 1000-102.-6-23.2: Wickham Farmland LLC, P.O. Box 928, Cutchogue, NY 11935 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date i 0 M/ m C� n ' i L 've I v ee Mud b � pal L, wr, �, �y � , •• ti '1.��„_ 8 g e J � m a e � d 5'” ME 7T n11 sN 7 ^ r o q I 4 '� �\ ,� \R �° £• a r re �`a ^°x ,�>� �re� as y I I y �� a "" ✓��,J`,e u�a�% n: -0� t''��o y �� * ",.�� ! I d II I I I�� $a lipI�� Yr :ww'..,.� � ��!'��/�✓�� ^`�,¢� r �.,�m�.��.�'�..��"�� ` '`.-..,«� `� �'iun '..."""'ii�i,,,n— �� o� j ��Ili t a I,�*6] d�8 S# 1 v all, 41 H91bN w 41 f M rt /' r ✓ ",,�� / n,„✓ 'cul �� w ,z � �� f [f r` ", 1'7r \ 31 VA r r / ., ✓ `,....,. � /�` td'J ,""nf'� .i�`� a ,"�„ f p ... u� Wo Ya F/ a�r ,.� --•_.•��--._ 1. s� b M� ✓� � w l ddd �Gmy�ytl ON _ —VA I A rn v AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on _ I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon Fri. 5/31/19 Re: Proposed Resubdivision for Wickham & Wickham SCTM#s: 1000-103.-11-21 22.1 & 22.2 Date of Public Hearing: Monda June 3 2019 6:01 .m. 'arN0 � C. o00o N . � O N .. s -� O_ � �' CD :• N O o O " O OOS 0 � O � w N CD fDX= =- '(D 1. -0 a: O. cn 0 2) > ol n 10 O m O r.+ m N N ID cn O = m n r+ (4 = S—N QEO tw (a CDN < it B _. Wm O O O (Q Z6 0 j ;* O m O w -, m0 0 W �, "'h CD =r K) 07 t ' o v 0 s N o to ML N i =r m O m -1 r=rm - B: cD N O 3 � am r' 90 tom � maCL �. -h O� -h N C N r = m _ _ 0. n�00 • m U) -'' N• O h y N C O CO) rr m = (D m n `.< CO � CD :3D 0 0 O = O N m o C'1 0) NFL -P6CCD W Oo Q 3 CD cn � -h 0 L to O =r g � y. U) r+ CO � -L C NEEM N W cD N C Lvi O CD CD 0 a O 2) �• N Q. W m < . m � o• jr r. , = O CD N OFFICE LOCATION: m MAILING ADDRESS: Town Hall Annex o P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 www.southoldtowimy.gov n v� PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 25, 2019 Abigail Wickham, Esq. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Wickham & Wickham Resubdivision 744 Old Pasture Road, Cutchogue, NY 11935 SCTM#1000-103.-11-21, 22.1 & 22.2 Zoning District: R-80 Dear Ms. Wickham: The Southold Town Planning Board reviewed the above-referenced application at their April 22, 2019 Work Session and found the resubdivision application complete. The application will be scheduled for the Public Meeting on May 6, 2019 for the Planning Board to make a determination on a SEQRA classification and waivers of certain subdivision provisions pursuant to §240-56 Waivers of certain provisions. The Public Hearing upon the application will be set for June 3, 2019. If you have any questions regarding the above, please contact this office at 631-765- 1938. Respectfully, Erica Bufkins Planner Trainee LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com March RECEIVE'[26, 2019 [ F Attn: Ms. Heather Lanza MA 27 Town of Southold Planning Department — SOU(jq)) .1. Southold New York 11971 �`' �� Board 53095 Main Road Post Office Box Nan „ _. ..., w Re: Property owned by John L. Wickham and Jonathan Wickham Re-Subdivision Application (Lot Line Change) Premises: 744 Old Pasture Road, Cutchogue, NY 11935 SCTM# 1000-103-11-21 (House), 22.1 (Garage), 22.2 (Farm) Dear Ms. Lanza: John L. Wickham and Jonathan Wickham own a parcel of just under 6 acres, on which they sold the Development Rights to 5.36 acres to the County of Suffolk. They retained a 16,877 sf parcel containing a two car garage. The garage parcel adjoins the undersized 23,719 sf parcel owned by John L. Wickham, which contains his pre-existing residence. The parties wish to transfer the garage parcel from the farm parcel to the house parcel and have obtained a variance from the ZBA for the undersized lot (enclosed). The applicant now seeks re-subdivision approval from the Southold Town Planning Board. Accordingly, we enclose the following documents: 1. Re-Subdivision(Lot Line Modification) application form; 2. Owner's Authorization of Agent; 3. Transactional Disclosure forms signed by each owner; 4. Copies of property deeds covering the three parcels referenced above; 5. Copy of Certificate of Occupancy for Tax Lot 21; 6. Copy of Deed of Development Rights recorded in Liber 12690 pg. 652; 7. Decision from ZBA granting approval for undersized lot; 8. Short Environmental Assessment form; 9. Application fee in the amount of$500.00; 10. Two prints of"John L. Wickham Re-Subdivision Survey of Property/Lot Line Merger" dated July 26, 2017 (additional prints will be provided pending review and/or modification requirements); 11. Draft deeds for parcel being added to residence, for resulting residence parcel after resubdivision, and for the farm parcel remaining after resubdivision; and 12. Copy of LWRP Consistency Assessment Form. Please advise if anything further is required. Very tru yotlrs, AAW/dm Abigai A. ickhani encl.re/w/ltrplanningbdresubapp CE111:1 1 'rr 1 wiriu ig Board SOUO D PLANNING DEPARTMENT ENT Re-subdivision (Lot Line Modification) Application For APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name Wickham Re-Subdivision John L. mmmmmmIT 2. Suffolk County Tax Map # (include all tax map parcels involved) 1000-103-11-21, 1000-1-3-11-22.1 & 1000-103-11-22.2 3. Hamlet Cutchogue 4. Street Location 744 Old Pasture Road 5. Acreage of Site 6.291 acres - .931 acres to be merged 6. Zoning DistrictTax Lot 21 R-80; Tax Lot 22.1: AC N....IT. ....ITIT....� 7. Date of Submission 8. Please provide the names, addresses and phone numbers for the following people: Applicant: WJohn L. Wickham 11752 HarfordRoad Glen Arm,._.._..-, �.�.......... ... NID 21057 410-592-7087 Re-Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: Abigail A. Wickham, Esq. Wickham, Bressler & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 631 .2.....998-8353 Property Owner(s): John L Wickham (Tax Lot 21) see pg. 1 for address John L. Wickham &Jonathan Wickham (Tax Lots 22.1 & 22.2)athan' 2056 S IH-45 (Jon _ �m. .._._...�.._..m.m n's address) Wilmer Texas 75172 Surveyor: ............. h :. John C. Ehlers, L.S. 6 East Main St. Riverhead ....._ NY 11901 631-369-8288 Engineer: Attorney: ail g A. Wickham, Esq. Ab i ..... (see above) 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. 2 Re-Subdivision Application Form 10.DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? no (b) Affect any area reserved for public use? no nn (c) Diminish the size of any lot? a rw►�7gy`C¢X (d) Create an additional building lot? no (e) Create a nonconforming lot? no (f) Require a variance from the Zoning Board of Appeals? /et,- ays}P� AP�Qa,� x`7101 (g) Impact the future planning of the subject properties? no 11.Does the parcel(s) meet the Lot Recognition standard in Town Code &280-9 Lot Recognition? Yeses. No If"yes", explain how: 12.Does this application meet the standard in§ 240-57. Waiver adjustment of property lines to waive the subdivision process? If so, please provide the name and date of the original subdivision. /vim 13. Application completed by [] owner [K] agent [ ] other Upon submitting a completed application,the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code§ 240-57..Waiver, ad"ustment of property lines. If the application meets the criteria for a waiver,the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes, lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. Signature of P52 Lze reparerAbigail A. Wic� h , agent Date 3 Re-Subdivision Application Form 07/1912017 12:47 WICKHAM BRESSLER (FAX)631298 8565 P.0051005 AUTHORIZATION I, JOAN L. WICKHAM, the owner of the property identified as identified as SCTM#sl000-103-11-22.1 &22.2 together with Jonathan Wickham, in Cutchogue, New York,hereby authorize our attorney,Abigail A. Wickham,Esq., of Wickham, Bressler& Geasa,P.C., or any of them, to act as our agent and handle all necessary work involved in the Re-Subdivision/Lot Line Modification approval process of our properties located at 726 &744 Old Pasture Road, Cutchogue,New York 11935 with the Town of Southold Planning Board, Zoning Board of Appeals and Suffolk County Department of Health Services and any other agency having jurisdiction over these properties. qq Dated: July ,2017 .. John L. Wickham STATE OF MARYLAND: COUNTY OF Bit I4 �+^- - On this,q day of July, in the year 2017, before me,the undersigned, a Notary Public in and for said State,personally appeared John L. Wickham, personally known to :ixa,e or proved to me on the basis of satisfactory evidence that he executed the sante in his capacity and that by his signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted,executed the `` °ttru ent�that such individual made such appearance before the undersigned in in the State of Maryland. (insert city) ° 1 E.�I 4',P# Notary Public ` re/accthorrzsoutlzoldtownre-sub2Ol7 AUTHORIZATION 1, JONATHAN WICA ,the owner of the property identified as identified as S CTM4s 1000-103-11-22.1 &22.2 together with John L. Wickham, in Cutchogue, New York,hereby authorize our attorney,Abigail A. Wickham,Esq., of Wickham, Bressler& Geasa, P.C., or any of them,to act as our agent and handle all necessary work involved in the Re-Subdivision/Lot Line Modification approval process of our properties located at 726 & 744 Old Pasture Road, Cutchogue,New York 11935 with the To of Southold Planning Board, Zoning Board of Appeals and Suffolk County Department of Health Services and any other agency having jurisdiction over these properties. Dated: April A,-2017 ;'�e_ _ -..... ............. .... 4KIathaii Wickham STATE OF TEXAS: :ss.: COUNTY OF On this -7-�"day of April, in the year 2017, before me,the undersigned, a Notary Public in and for said State,personally appeared Jonathan Wickham,personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the ins Unient and that such individual made such appearance before the undersigned 'al in the State of Texas. (insert city) Notary Public relauthorLsoulholdtownre--subM 7 MIKE L Hal OWY 10#1249530M P "Jun 10,2020 MiED APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of''jithics-prohibi(s conflicts of interest onlhLkaqSLLO��Iur of thj�farm is to,.provide hirarmation which canylert the fovvn o �ible c kto action I d' tn"m —nnnicts Of_int(Lrest find lake v�lrateicr ��nccessarytovrvqj sasne. YOUR NAME 4 OVI (Last name,first name,miciiiie initial,unless you are applying in the—nam'-c of—someone else or_othcr entity,such as-a- company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) ............ ....... Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES �mmNO If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person ... ................. Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) — A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) —B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP ............ Submitted this. day of._� 20 Si9 nature Print Name "z .,,« 0711912017 12:47 WICKHAM BRESSLER (PAX)631 298 8565 P.0031005 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code ref Ethics nrobibift conflicts of interest on the part of town officers.find em lo eel.The Durvo of t1ill forte:Is 19,prna 2vidt Inforntlon which cuss caalar the town fp qss-lbife co-nflicts of interest andallow it to take whatever action 11 noci,,ysgry to avolO.snore , YOUR NAME., (Last name,first name,middle Initial,unless you are applying In the name of someone else or*thcr entity,such as 4 company.If so,Indicate the other peraon0a or company's name.) TYPE OF APPLICATION. (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(Activity) Planning Do you personally(or through your company,spouse,sibling, parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business Interest."Business interest" means a business,including a partnership, in which the town officer or employee has even a partial ownership of(or employment by)a corporation In which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date and sign where Indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe In the space provided, The town officer or employee or his or her sponge,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) D)the legal or beneficial owner of any Interest In a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant-,or D)the actual applicant DESCRIPTION OF RELATIONSHIP ................................... Submitted this day of 20-1-1 Signature Print Name _ Reorder Form 36010 Standard N.Y.B.T.U.Form 8010 Executor's Oead-Individual or Corooration. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 21st day of August .nineteen hundred and ninety-seven NO N.Y.S. BETWEEN THOMAS H. WICKHAM, residing at (No #) Main Road, TRANSFER Cutchogue, New York 11935, TAX STAMPS REQUIRED L' as executor of the last will and testament of JAMES P. WICKHAM a/k/a JAMES PARKER WICKHAMr JR. ,late of Suffolk County, New York (Surrogate's Court File No. 63 P 97,)deceased, party of the first part,and THOMAS H. WICKHAM, residing at (No #) Main Road, Cutchogue, New York 11935 and JOHN L. WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057, party of the second part, WITNESSETH,that the party of the first part,by virtue of the puwer and authority given in and by said last will and testament,and in consideration of partial disa-ribution of estate pursuant to paragraph THIRD of Last Will and Tc _anent of James P. Wickham ars, ]aarft,pmenep a£die-i3nite��Eates, -pai&by-titrperty�o4�lle seeend-paA, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being itKthm at Cutchogue, in the Town of Southold, County of Suffolk and State of New York bounded aid acscribed as follows: LI'> BEGINNING at a point on the northeast-ii orner of premises about to be described herein; running thence from sEi ut or place of beginning South 40° 25' 4011 East, 313.00 feet to tl . of inary high water mark of Wickham Creek; thence along said last w0,!t on_d high water mark along a tie line bearing South 72° 00' West, 86.54 ieet.; thence North 40° 25' 40" West, 280.00 feet; thence North 49° 34' 20" East, 80.00 feet to the point or place of BEGINNING. TOGETHER with a right-o£-way for all Drd:_nary purposes of travel and for utility purposes over a strip of land :_634 feet in width to Old Pasture Road as set forth in indenture dated November ), 1965 between Dorothy C. Fleet and Margaret Breaker and James P. Wickhal recorded in Liber 5893 page 354, the center line of which is more partjcul< rly described as follows: Beginning at a point on the northwesterly line f old Pasture Road, 10.07 feet northeasterly along said line from its in,.e, section with the southwesterly line of Honeysuckle Lane, said poiu of beginning being the southerly corner of land conveyed by the Estate o;` George H. Fleet to Henry L. Fleet; running thence along said land North 35° 31' 20" West, 166.72 feet to a point 8 1/4 feet southeasterly from the .;outheasterly line of other land formerly of Henry L. Fleet measured at j ight angles thereto; thence on a line parallel to and 8 1/4 feet soitthea3terly from said other land formerly of Henry L. Fleet, South 49° 34' 20" lest, 219.36 feet to land of James P. Wickham. SUBJECT to a right-of-way in favor of Jonat'ha: ,N !kham, John L. Wickham and Parnel-wickham-Searl, as parties of the rss and part in a certain deed dated November 25, 1994 and recorded in u; s Suffolk County Clerk's Office on December 15, 1994 in Liber_ 11706 pa .E G37, for all ordinary purposes of travel and utility pur, oses ovt_- t e northwesterly 16% feet of the premises herein above described RECORDED EM'"P.R urw(AE"1 , AUG ,?J99L __c4m FSU CwJ, , TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof, TOGETHER with the appurtenances,and also all the estate which the said decedent had at the time of decedent's death in said premises,and also the estate therein,which the party of the first part has or has power to convey or dispose of,whether individually,or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. x 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 incumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: thod s H. WiCkliamr Exec'ueor - RE RDED AUG 29 1997 CUnK O &U C0l 11849 P1553 93 AUG 29 art 2: 43 Number of pages °` TORRENS AUG 29 1997 GLi hip OF SUFFOLK LOU14TY Serial# .... ., M�VA,, Ct..i;Certificate '�"" Prior Ctf.# r,_ITIT . 03741 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps FEES Page/Filing Fee . . Mortgage Amt k" Handling _,. 1. Basic Tax TP-584 2. Additional Tax Notation Sub Total EA-5217(CounlY) Saab'"fowl J r Spec./Assn. or EA-5217(State) _. Spec./Add. R.P.T.S.A. �, t1 CAii *N TOT.MTG.TAX Dual Held for Apportionment County Affidavit[Ed. 5 .,t - t Transfer Tax Mansion Tax Certified Copy .. — ._ ", ._ The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total dwelling only. YES or NO Other GRAND TOTAL If NO,see appropriate tax clause on page# ®- of this instrument. , q+ Real Properly Tax Service Agency Verification 6 Title Company Information 'r .. Dist . Section Block Lot n - '+�' 1000 103.00 11.00 021.000 .........- Company Name _........ Title Number ,, lratt'ia. S FEE PAID BY: Cash Check X Charge Payer same as R&R�x LARK & FOLTS ESQS (or if different) MAIN ROAD P O BOX 973 NAME: CUTCHOGUE, NY 11935-0973 ADDRESS: RECORD&RETURN TO (ADDRESS) Suffolk County Recording& Endorsement Page This page forms part of the attached______Executor's Deed .. — made by: (SPECIFY TYPE OF INSTRUMENT) Thomas H Wickham, as I{7.e,cutor of The premises herein is situated in the Estate_ _F-�_..� klam SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold _ Thomas H,_,T�?imckham and J.o n L. In the VILLAGE WickhamCutcho ue or HAMLET of g BOXES 5--- vocn nu oorwrrcn rr r D ACIn I%It r")I V UPtrit7'I-f)t?r("()RDING OR FILING. AUGRE ORDED 29 111 OF St FFOLK C N f rr��uw..r�sa Page 1 o diltt?ly p ✓✓Jy /77 // ,:5 :5(Q ,f °'` 4f SianduJ N Y,B T.U.Form BI,Y;—ROM —R@W(n and We DeN,wlrh C-mama,d,insl Grvninr,Acla—tndiWduat ur Cmp...lwn.(unRle.hm) /@ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD EE USED RY LAWYERS ONLY Oct o �� THIS INDENTURE, made the 3rd day of Saga= nineteen hundred and ninety—seven BETWEEN THOMAS H. WICKHAM, residing at No # Main Road, Cutchogue, New York ' f 11935, party of the first part,and JOHN L. WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057, 177 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being NY-Wax at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly corner of premises about to be described herein; running thence from said point or place of beginning South 40° 25' 40" East, 313.00 feet to the ordinary high water mark of Wickham Creek; thence along said last mentioned high water mark along a tie line bearing South 72° 00' West, 86.54 feet; thence North 40' 25' 40" West, 280,00 feet; thence North 49' 34' 20" East, 80.00 feet to the point or place of BEGINNING. TOGETHER with a right—of—way for all ordinary purposes of travel and for utility purposes over a strip of land 16} feet in width to Old Pasture Road as set forth in indenture dated November 9, 1965 between Dorothy C. Fleet and Margaret Breaker and James P. Wickham recorded in Liber 5893 page 354, the center line of which is more particularly described as follows: BEGINNING at a point on the northwesterly line of Old Pasture Road, 10.07 feet northeasterly along said line from its intersection with the southwesterly line of Honeysuckle Lane, said point of beginning being the southerly corner of land conveyed by the Estate of George H. Fleet to Henry L. Fleet; running thence along said land North 35° 31' 20" West, 166.72 feet to a point 8k feet south— easterly from the southeasterly line of other land formerly of Henry L. Fleet measured at right angles thereto; thence on a line parallel to and 8} feet southeas erly from said other land formerly of Henry L. Fleet, South 49° 34' 20" West, 219.36 feet to land of James P. Wickham. SUBJECT to a right—df—way in favor of Jonathan Wickham, John L. Wickham and Parnel Wickham—Sear-1, as parties of the second part in a certain deed dated November 25, 1994 and recorded in the Suffolk County Clerk's Office on December 15, 1994 in Liber 11706 page 637, for all ordinary purposes of travel and utility purposes over the northwesterly 161 feet of the premises hereinabove described. BEING AND INTENDED TO BE the some premises conveyed by deed dated August 21, 1997, from Thomas H. Wickham as execrator of James P. Wickham to Thomas H. Wickham and la n q l ck m g recorded in Suffolk County Clerk's Office on 8/29/97 $� artNl 11 knd interest, if any, of the party of the first part in and to any streets and roads abuiong the above described premises to the center lines thereof;'T"OGE T"'HEk with thea appurtenances and all the,eytate and rights of the party of the first part in and to said prtmisest TO }°IAV_ AND TO HOLD the Ip emises hereon granted panto the party of the second part, the heirs or successors and assigns of the party of the second part 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 e'ncum'bered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien law.covenants that the part)of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- Oration as a trust fund to be applied first for the purpose of paying the ost of the improvement and will apply the same first to the payment of the cost of the improvement before g any part of the total of the saner for any other purpose. The word "party" shall be construed as if it read "parties"where; r the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly e cuted this deeLlhjday nd ar first above written. IN PRESENCE OF: a Thomas H. Wickham .+ p 11860 P954 RECEMD I' 2 RECORDED <• � � �g7 Number of pages RM ESTA*M Nov 5 17 04 PH TORRENS NOV - 5 199 EDWARD P. ;ROMAINE CLERK OF Serial# TKAXSM TAX SUFFOLK COUNTY SUFFOX Certificate# Prior Ctf.# 22'4 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 6 . 1. Basic Tax TP-584 : 2. Additional Tax Notation Sub Total EA-5217(County) - Sub Total ��. SpecJASsit. or EA-5217(State) 01,10 Spec./Add. _ R.P.T.S.A. /5- . TOT.MTG,TAX Comm.of Ed. _ 5.00 Dual Town Dual County Held:for Apportionment Affidavit Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total qS dwelling only, Other [/,,,�( r YES or NO GRAND TOTAL "�� If NO,see appropriatc tax clause on page# ' of this instrument. Real Property Tax Service Agency Verification fr Title Corn' Informationpany Information erK Dist. Section Block Lot caurm 1000 103.00 11.00 021.000 Company Name Ilse 47 9 .-L-3 3_ InittIf 10 a Title Number _!jFEE PAID BY: COITmmo11BOX wealth a Cash Check�(_Charge Land Title urance Company Payer same as R R or i f di ffcrent) I (177 OLD COUNTRY ROAD,P.tl419,RIVERHEAD,NY 11901 �— ADDRESS: RECORD&RETURN TO 7 (_ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached deed made by: (SPECIFY TYPE OF INSTRUMENT) Thomas H. Wickham The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Townshipof. Southold John L. Wickham ., In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. w Form 5007'8-88 SM—Bargain and Salo Decd,with Covenant again,t Orantor'a A.L.—Individual or(,mini. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. Zf^°� .w.... „ N.Y.S. Transfer THIS INDFN IJRE, made the 25th day of November ,nineteen hundred and ninety—four Tax BETWEEN JAMES PARICf:;Ed WICKHAM J , , residing at (no #) Old Pasture $600.00 Road, Cutchogue, New York 1. 935, as to an undivided 3/4 interest; and. LAURENCE C. BREAEEP, residing at 810 Chalfonte Drive, Alexandria, jI70 1 Vix:gi is 22305, as to an undivided 1/4 interest I w ISTRICT ©gym �� LOT VU20 12 17 28 party p and PARNEL Cutchoh-SE N a C/o Wickham's F uit Far in common Ta n Road, WICKHAM-SEARL, c,�o Wickhaaatts Fruit Farm (no ) I+fai g set forth herein party of the second part, + %M SSLwM,that the party of the first part, in consideration of TEN and 00/100---------- ($10.00) dollars, lawful money of the United States, and other valuable consideration paid grant and release unto the party of the second part, the heirs or by the party of the second part, does hereby successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, Suffolk County, New York, bounded and described as follows: C_ C BEGINNING at a point on the boundary line between land of Fleet and land conveyed to John S. Wickham, 1045.88 feet southeasterly along said boundary froth the Main Road; from said point of beginning running along said lands three courses as follows; (1) North 320 16' 30" East 290.67 feet; (2) South 500 49' 20" East 356.55 feet; (3) South 410 57' 00" East 391.57 feet to land now or formerly of Jas. P. Wickham; running thence along said land the following two (2) courses and distances: (1) South 480 03' West 80.00 feet; (2) South 411 57' 00" East 280.00 feet to the ordinary high water mark of Wickham Creek; running thence along the ordinary high water mark of •rAXAIhp Wickham Creek on a tie line course bearing South 670 37' 30" West DFYGN,-vt'lox 177.36 feet to land now or formerly of John Wickham Estate; running thence along said land North 47° 36' 00" West 889.72 feet to the sr,>` 100® point or place of BEGINNING. S. 103.00 TOGETHER WITH a right—of—way for all ordinary purposes of travel and for utility purposes over a strip of land 162 feet in width to lilt. 11.00 Old Pasture Road as more particularly described in Liber 5893 Page 354 BEING AND INTENDED TO BE the same premises conveyed to James 1iiQA Parker Wickham, Jr. as grantee in Deed dated December 14, 1934 and 022.000 recorded in.-t-h-e-vuffo,lk County Clerk's Office on December 19, 1934 in Liber,„„1843 Page 157 )in Deed dated December 14, 1934 and recorded in tha;, auu ff C&Fah;Ey Clerk's Office on December 19, 1934 in Liber 1843 Page 163., and in Deed dated May 29, 1964 and recorded in the Suffolk County Clerk's Office on June 23, 1964 in Liber ,5563 Page- 250, and as devisee under the Last Will and Testament of Margaret L. Breaker who died a resident of Suffolk County, New Ybr-c-bm-Octbber 27, 1975 (Surrogate's Court File No. 1800 P 1975) ; and the same premises conveyed to Laurence C. ,Breaker as devisee under the Last Will and Testament of Margaret L. Breaker who died a resident of Suffolk County, New Y6rk on October 27, 1975 (Surrogate's Court File No. 1800 P 1975) . The party df the second part has simultaneously herewith executed and delivered a purchase money mortgage in the principal amount of $115,000.00, which mortgage is intended to be recorded simultaneously herewith. EDWARD P.ROMAINE I-,RECORDED DEC 15 1994 CLERK OF SUFFOLK COUNT ..RUMENT--THIS INSTRUMENT SHOULD 09 USED CONSULT YOUR'LJLWYEMt REFORM SIGNING THIS INST MY LAWYER'S ONLY. � THIS INDFMURE,made the 13th day of ' February ,nineteen hundred and ninety-eight BETWEEN PARNEL WICKHAM-SEARL, residing at P 9Ir Cutchogue, New York 11935 party of the first part,and JONATHAN WICKHAM, residing at 28700 Main Road, Cutchogue, New York 11935 DISTIIICT MOTION BLOCK LOT rW 1 party of the second part, WrITWMETH,that the party of the first'part,in consideration of Ten Dollars and other valuable consideration paid.by the party of the second part,does hcreby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece orarcel of land, with the buildings and improvements thei �m erected, situate, lying and being in the Town o?Southold, Suffolk County, New York, boun .^d and described as follows: BEGINNING at a point on the boundary line between land of Fleet and land conveyed to John S. Wickham, 1045.88 feet southeasterly along said boundary from the Main Road; from said point of beginning running along said lands three courses as follows: (1) North 32" 16' 30°" East 290.67 feet; (2) South 50'°' 49' 20" East 356.55 feet; (3) South 4057' 00" East 391.57 feet to land now or formerly of Jas. P. Wickham; running thence along; said land the following two (2) courses and distances: (1) South 48° 03' West 80.00 feet; (2) South 41° 57' 00" East, 280.00 feet to the ordinary high water mark of Wickham Creek; running thence along the ordinary high water mark of Wickham Creek on a tie line course bearing„ South 67° 37' 30" West 177.36 feet to land now or formerly of John Wickham Estate; running thence along said land North 47° 36' 00" West 889.72 feet to the point of place of BEGINNING. TOGETHER WITH a right-of-way for all ordinary purposes of travel and for utility purposes over a strip of land 161 feet in width to Old Pasture Road as more particularly described in Liber 5893 Page 354. SUBJECT TO existing mortgage on the premises, held by Laurence C. Breaker and the Estate of James Parker Wickham, Jr.on which there is a principal balance of $87,717. BEING AND INTENDED TO BE the same premises conveyed to the grantor and others by deed dated November 25, 1994, recorded in Liber 11760, cp. 637. This deed is intended to convey tfe party of the first part a entire undivided one-sixth (1/6) interest in the property to the party of the second part. TAX MAP ESIGNATION 1000 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and 103 roads abutting the above described premises'to the center lines thereof;TOGEMER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of 11 the party of the second part forever. :(,):22 AND the party of the first part covenants that the party of the first pati has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid, AND the party of the first part,in compliance with Section 13 of the Lien Law,,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive sucli tonsid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PR"FNCR OF: FARNEL WI -SEARL REcnRDEO 1i 2 RECEIVED Number of pages i P"L EVATE TORRENS Kat O 1 u� i SUf� �.� Serial NTAX Certificate p BIJ OM Prior CIL of _ 48411 Deed/Mortgage lnstnunrnt Deed/Mortgage Tax Stamp Recording/Filing Stamps FEES Page/Filing Fee Mortgage AML ........ Handling –_.__ 1. Basic Tax _ TP-S84 _ P. Additional Tax Notation Sub Total EA-5217(County) w Sub"total l.— SpccJAssit. or EA-5217(State) Spec./Add. RP.T.S.A. I TOT.NM.TAX Comm.of Ed. Dual Town Dual County 00 . Held for Apportionment Transfer Tax .M Affidavit 5 Mansion Tax Certified Copy * -- The property covered by this mortgage is of Rcg.Copy will be improved by a one or two family Sub Total dwelling only. Otherr YES or NO GRAND TOTAL If NO,see appropriate tax clause on page N of this instrument. Real Property Tax Service Agency Verification 6" Title Company Information Dist. Section Block Lot Stamp 1000 103 o to 1100 0 22 000 � Comp.... any Name Title Number lnitra Ss I FEE PAID BY: Commonwealth a Cash Check Charge Land Title Insurance Company Payer same as R&R (or if different) 1T7 OLD COUNTRY ROAD.P.O.BOX 419.RIVERHEAD.NY 11901NAME: ' ADDRESSr, . . RECORD&RETURN TO 7 i (ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) PARNEL WICKIIAM–SEARL The premises herein is situated in SUFFOLK COUNTY,NEW YORK. - H AN J TO In the Township of Southold , WICKHA14- In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. tx arotut t^earpc. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 219331 Date SEPTEMBER 4,_ 1990 THIS CERTIFIES that the building REPAIR Location of Property 744 OIwD PA.sTURE ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 103 Block 11 Lot 21 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 2Z, _1990 ursiaant to which Building Permit No. 192892 dated AUGUST 2 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIR DAMAGE CAUSED BY FIRE. The certificate is issued to JAMES P. WIC J1AM (owner) of the aforesaid building_ SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A a —Z—' e 66ildinq Inspector Rev. 1/81 II III I EI III III I III I II II III I III III I II II �I III II 1 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 04/16/2012 Number of Pages: 9 At: 11:25:44 AM Receipt Number : 12-0042829 TRANSFER TAX NUMBER: 11-18399 LIBER: D00012690 PAGE: 652 District: Section: Block: Lot: 1000 103.00 11.00 022.002 MORTGAGE TAX NUMBER: DD002448 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $434,168.10 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0.00 YES Handling $0.00 YES COE $0,00 YES NYS SRCHG $0.00 YES Affidavit $0.00 YES TP-584 $0.00 YES Notation $0 .00 YES Cert.Copies $0.00 YES RPT $0..00 YES Transfer tax $0.00 YES Comm.Pres $0.00 YES Mort.Basic $0.00 YES Mort.Addl $0„00 YES Mort.SplAddl $0.00 YES Mcrt.SplAsst $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 11-18399 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 1 2 , RECORDED Ndmber of pages 2012 Apr it'. 11:25:44 Ahl JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L DOG61269U F ra52 Social Security Numbers 00002448 prior to recording DT# 11-18399 Deed/Mortgage.instrument Deed/Mortgage Tax Stamp =ecording/Filing Stamps 1 3 1 lis Page I Filing Fee Mortgage Amt. 1. Basic Tax Handling 5• 00 2. Additional Tax - TP-584 Sub Total Spec./Assit. Notation or EA-52 17(County) Sub Total Spec./Add. ..,„ EA-5217(State) TOT.MTG.TAX. Dual Town Dual County R.P.T.S.A. 1 —vv Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit * Mansion Tax The property covered by this mortgage is 'C` rtifed Copy °- -.- ° .- or will be improved by a one or two NYS Surcharge _15. 00 family dwelling only. Sub Total _. YES or NO Other _-_- Grand Total If NO,see appropriate tax clause on • L page �. instrument. a e# of this instru 4 Dist./OD11 S 12�53 1000 10300 1100 022002 �_ �5m=unity on Fund Zp T `N Real Property QREMC AConsideration Amount �0 Tax g Service CPF Tax Due $ Verification lm rov 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land SUFFOLK COUNTY DIV.OF REAL PROPERTY ACQUISITION TD . AND MANAGEMENT H.LEE DENNISON BLDG.-2nd FLOOR TD 100 VETERANS MEMORIAL HIGHWAY TD P.O.BOX 6100 ._�..._.. .. . HDU ,PAuG ,NY 11788-0099 Mail to:Judith A.Pascale, Suffolk County Clerk 7 1Itle OMpM Information 310 Center Drive, Riverhead, NY 11901 Co,Name1 NCo Q OAT�D www.suffolkcountyny.gov/clerk Title# 10 - - o r�i . e9 3 8 Suffolk County Recordin This page forms part of the attached Q�►� �� ` 1' ti ---- - made by: (SPECIFY TYPE O INSTRUMENT) JD V*-r N 11, W k ck- �a M The premises herein is situated in J p�tj... L. W�w c k V1 r I l SUFFOLK COUNTY,NEW YORK. TO In the TOWN of s o a+h o L-1� 0_0 U►+° ' o Q Ltd In the VILLAGE or HAMLET of 144A o'i t4e, BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. -0i.(0 DEED -P OF DEVELOPMENT RIGHTS 704 THIS INDENTURE,made as of the 3a day of April,2012 BETWEEN JONATHAN WICKHAM residing at 2056 S IH-45,Wilmer,Texas 75172 and JOHN L.WICKHAM,residing at 11752 Harford Road,glen Arm,Maryland 1057, PARTY OF THE FIRST PART, AND the COUNTY OF SUFFOLK,a municipal corporation ofthe State ofNew York, axing its principal offices at 310 Center Drive,Riverhead,New York 11901,PARTY OF THE SECOND PART, WITNESSETH,that in accordance with Article XII of the Suffolk County Charter,as ended and effective December 1, 2007, and pursuant to Chapter 8 of the Suffolk County Code,and in accordance with Resolution No.285-1981,as amended,Resolution No.405-2001 d Resolution No.87-2011 of the Suffolk County Legislature,all on file with the Clerk ofthe Su olk County Legislature,that the PARTY OF THE FIRST PART,in consideration ofFOUR HUNDRED THIRTY FOUR THOUSAND ONE HUNDRED SIXTY EIGHT and 10/100 $434,168.30) and other good and valuable consideration paid by the PARTY OF THE SECOND PART, DOES HEREBY GRANT AND RELEASE unto the PARTY OF THE SECOND PART,the successors and assigns ofthe PARTY OF THE SECOND PART forever, HE DEVELOPMENT RIGHTS,by which is meant the 2ermanent legal interest and right„as uthoraxed y§247 ofthe New York State General Munici al Law as amend an rar 16-1.981 o the Coun of Suffb as amended, to 2eTmit, require or restrict the use of the rer aise5 exclusive))r 1111 r duction as that term is dehned in Local Law 16-1981 of e �Suffbk as amended and the ri t to reserve operas ace as that terata is defined in' 247 oaf the New Y rk Stag Cneral'1id`umici al Law. as ameaaded and telae ri ht to rohibit or estrict the use of the pre�aaises for an to o prodasctiota„.t rolrerty described as follows: ALL that piece or parcel of land,situated in the Town of Southold, County of Suffolk, d State of New York,more particularly bounded and described as follows:(see description annexed hereto and made a part hereof): BEING AND INTENDED to be part of the same premises conveyed by deed dated ovember 25, 1994 from James Parker Wickham Jr. and Laurence C.Breaker to Jonathan Wickham and recorded October 15 1994 in Liber 11706, said parcel.further identified by ugolk County Tax Map No. 1000-103.00-11.00-022.000 and BEING AND INTENDED to be part of the same premises conveyed by deed dated ebruary 13, 1998 from Pamel Wickham-Searl to Jonathan Wickham and recorded March 10, 1998 in Liber 11882 at page 600,said parcel further identified by Suffolk County Ta*Map No. 000-103.00-11.00-022.000 and BEING AND INTENDED to be part of the same premises conveyed by deed dated ovember 25, 1994 from James Parker Wickham Jr. and Laurence C. Breaker to John L. Wickham and recorded November 15, 1994 in Liber 11706 at page 637, said parcel further dentified by Suffolk County Tax Map.No. 1000-103.00-11.00-022.000 TO HAVE AND TO HOLD the said DEVELGPh ENT RIGHTS in the premises herein ted 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 ART has not done or suffered anything whereby the said premises have been encumbered in any ay whatever,except as aforesaid. The PARTY OF THE FIRST PART,as a covenant running with the land in perpetuity,further covenants and agrees for the PARTY OF THE FIRST PART, d the heirs, legal representatives, successors and assigns of the PARTY OF THE FIRST 1 o � i PART,to use of the premises on and after the date ofthis instrument solely for the purpose of agricultural production. THE development rights conveyed herein are further subject to the terms and provisions as set forth in a certain contract of sale between the PARTIES hereto dated May 4, 2011. and an amendment to said contract dated March 28,2012 as the same are intended to be worded in the office of the Suffolk County Clerk's office simultaneously with this deed of conveyance,,portions of which as contained herein have and will survive the delivery of this instrument of conveyance. THE PARTY OF THE FIRST PART,his heirs,assigns and/or party or parties in lawful ossession of the premises subject to this deed of development rights,pursuant to lease,license, r other arrangement, covenant and agree that it will not remove any soil from the premises described herein. A purpose of this acquisition is to protect topsoil by limiting non-agricultural Production uses of the land. The topsoil present on the premises consists of prime/uniquel important soil. This representation is intended to also serve as a covenant running with the land n perpetuity and the provisions of this paragraph will survive delivery of any instrument of nveyance., THE PARTY OF THE FIRST PART,his heirs,assigns and/or party or parties in lawful possession of the premises subject to this deed ofdevelopment rights,pursuant to lease,license, r other arrangement, covenant and agree that they will(a)not generate, store or dispose of iazardous, substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws;(c)allow PARTY OF THE SECOND PART and its agents reasonable rcess to the premises for the purposes of ascertaining site conditions and for inspection of the remises for compliance with this agreement. Where Federal grants and/or funds are used and/or ei.mbursed to the PURCHASER for this acquisition, representatives of the United States Department of Agriculture shall also have the right to enter the property as stated in subparagraph(c)herein. This covenant shall run with the land in perpetuity. THE following covenants shall run with the land in perpetuity and shall be r deemed applicable only if federal funds are in fact received by the PARTY OF THE SECOND PART for the premises: j (i) Contingent Right in the United States of America: In the event that the PARTY OF THE SECOND PART fails to enforce any ofthe terms of this easement(or other interests in land),as determined in the sole discretion of the Secretary of the United States Department of Agriculture,the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement (or other interests in land) through any and all authorities available under Federal or State law. In the event that the PARTY OF THE SECOND PART attempts to terminate,transfer,or otherwise divest itself of any rights,title,or interests of this easement(or other interests in land)or extinguish the conservation easement (or other interests in land)without the prior consent of the--Secrelar of the--UnrC --States-Dep it ment of -- Agriculture and payment of consideration to the United States of America,then,at the option of such Secretary, all right, title, and interest in this easement (or other interests in land)shall become vested in the United States of America.' • - i 2 (ii) Unless otherwise agreed to'by the PARTY OF THE SECOND PART,United States ofAmerica Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets, the PARTY OF THE SECOND PART shall hold title to any"conservation,' easement or interest in land". However,title may be held by the United States of America at the request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART, 'Unitod States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets, or when the United States exercises its contingent right. (iii). PARTY OF THE FIRST PART covenants to manage theproperty in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F-R.,Part 12;and is approved by the Conservatiori District. (A) As required by section 12381 of the Food Security Act of 1985, as amended, the PARTY OF THE FIRST PART,his heirs,successors,or assigns,shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Conservation District. This conservation plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR part 12 that are in effect on Development Rights on the day of this conveyance. However,the PARTY OF THE FIRST PART may develop and implement a conservation plan that proposes.a higher level of conservation,and is consistent with the NRCS Field Office Technical 'Guide standards and specifications.NRCS shall have the right to enter upon the Property, with advance notice to the PARTY OF THE FIRST PART, in order to monitor compliance with the conservation (B)In the event of noncompliance with the conservation plan, NRCS shall Work with the PARTY OF THE MST -'PART to-explo're'meihods of compliance and give the PARTY OF THE FIRST PART a reasonable amount of time, not to exceed twelve months, to take corrective action. If the PARTY OF THE FIRST PART does not comply with the conservation plan, NRCS will inform PARTIES OF THE SECOND PART of the PARTY OF THE FIRST PART'S noncompliance.The PARTY OF THE SECOND PART shall take all reasonable steps (including efforts at securing voluntarycomplianceandif necessary,approptiite legal action)to secure compliance with the conservation plan follow-Ing written-notification from NRCS that(a)there is a substantial:ongoing event or circumstance ofton-compliance with the conservation plan, (b)NRCS has worked with the PARTY OF THE FIRST PART to correct such noncompliance, and (c) PARTY OF THE FIRST PART has exhausted its appeal rights under applicable NRCS regulations. 3 w � (C)If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress,NRCS will work cooperatively with the PARTY OF THE FIRST PART to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any othbr natural resources conservation requirements to which the PARTY OF THE FIRST PART may be or become subject. g a (iv) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART,any amendments to this Deed of Development Rights shall be authorized in-writing by the United States of America. THE following covenants shall run with the land in perpetuity and shall be deemed applicable,only ifNew York State funds are in fact received by the PARTY OF THE SECOND ART for the premises: (i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART,any amendments to this Deed of Development Rights shall be authorized in writing by the N.Y.S.Department of Agriculture and Markets. THE PARTY OF THE FIRST PART,his heirs,assigns and/orPAY or parties in lawful possession ofthe premises subject to this deed of development rights,pursuant to lease,license, Dr other arrangement,covenant and agree that he shall defend,indemnify and hold the PARTY F THE SECOND PART and any of its officers, agents, employees, and, their respective uccessors and assigns,harmless from and against any and all damages,claims,losses,liabilities rd expenses,including,without limitation,responsibility for legal,consulting,engineering and ther costs and expenses which may arise out of(l)any inaccuracy or misrepresentation in any epresentation or warranty made by PARTY OF THE FIRST PART in the subject agreement d/or this deed;(2)the breach or non-performance of any covenants required by the subject grecinent and/or this deed to be performed by the PARTY OF THE FIRST PART,either prior 0 or subsequent to the closing of title herein;(3)any action,suit,claim,or proceeding seeking oney damages,injunctive relief, remedial action,or other remedy by reason of a violation or on-compliance with any environmental law;or the disposal,discharge or release ofsolid wastes, ollutants or hazardous substances;or exposure to any chemical substances,noises orvibrations o the extent they arise from the ownership,operation,and/or condition of the premises prior to r subsequent to the execution of the deed of development rights;or(4)the acts or omissions or egligence of the PARTY OF THE FIRST PART. This covenant shall run with the land in erpetuity. IF Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this cquisition,the United States of America shall also be deemed to be an indemnified party under he indemnification as stipulated in the preceding paragraph,and the PARTY OF THE FIRST "ART shall also indemnify the PARTIES OF THE SECOND PART and the United States of erica as to the following: Y Violations ofany laws and regulations which are now or which may in the futurebecome r applicable and including,but not limited to the Resource Conservation and Recovery Act,as amended,42 U.S.C. 6901 et seq.,the Federal Water Pollution Control Act,as amended, 33 U.S.C. §1251, et seq., the Comprehensive Environmental Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended, 15 U.S.C.2601,et seq.,the Federal Insecticide -Fungicide and Rodenticide Act,as amended,7 U.S.C.-136,etseq.,and the SafeDrinlang__ Water Act,as amended,42 U.S.C.300f et seq.(2)judgments,claims,demands,penalties or fees assessed against the United States;(3)costs,expenses and damages incurred by the United States of Amei ca,or(4)the release or threatened release ofany solid waste, hazardous waste, hazardous substance, pollutant contaminant, oil in any farm or petroleum prod ct'intb the environment, This covenant shall run with the land in pepetuity i t 4 YA _ C �,? ecan aQ rec'."r✓� t_o " r. ' �Ct ars„ ��G�ir�LY ✓�' ��""tom asa�n acs �1 � A 'I'll WORD"PARTY"shall be construed as ifit read"PARTIES"whenever the sense f this indenture so requires. IN WITNESS WHEREOF,the PARTY OF THE FIRST PART has duly executed this deed he day and year first above written. N k i Ples'e ce Of: O ATHAN WICKHAM y- T otnas Wickham ` noFact O L.WICKHAM By: Thomas Wickham Attorney In Fact G' r I i TATE OF NEW YORK ) ss.; COUNTY OF SUFFOLK ) On the 3'4 day of April ,in the year 2012,before me,the undersigned,personally ' appeared Thomas Wickham,personally known tome or proved tome on the basis of atisfactory evidence to be the individual whose name is subscribed to the within instrument d acknowledged to me that he/she executed the same in his/her capacity,and that by Wher signature on the instrument,the individual,or the person upon behalf of which the ndividual acted,executed the instrument. Si rgwledgmetlt eofIndividual. T "ng WENDYP.STETTINE Notary Public,State of Now York No.30-4842045 Qualified in Suffolk i ecord and Return to: Commission Expires August 1,2013 i i 'n Bob Zaher a Dept.of Economic Development and Planning,Div.of Real Property Acquisition&Management H.Lee Dennison Bldg.-2nd Fl. P.O.Box 6100 Hauppauge,New York 11788 I . x I' i S 65-0120&V CHICAGO TITLE INSURANCE COMPANY SCHEDULE A (Description) TITLE #: 10-38-0150-8933 AMENDED 4/3/12 All that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa, at NYS Plane Coordinate NAD 1985 North 311, 067.55 East 1, 404,199.82, said point being situate the following four (4) courses and distances from the intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of Old Pasture Road; 1. North 34 degrees 33 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; 2. North 48 degrees 50 minutes 09 seconds West, 166.72 feet as measured along the centerline of the 16 1/2 foot right of way as described in Liber 5893 page 354; 3 . South 36 degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 33 .25 feet as measured along the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa; RUNNING THENCE from said point of beginning through the party of the first part the following four (4) courses and .distances: 1. South 36 degrees 15 minutes 31 seconds West, 149.16 feet; 2. South 53 degrees 44 minutes 29 seconds East, 115 .00 feet; 3 . North 36 degrees 15 minutes 31 seconds East, 30. 00 feet; 4 . South 53 degrees 44 minutes 29 seconds East, 168.81 feet to the approximate high water mark of Wickham Creek; RUNNING THENCE along the high water mark of Wickham Creek, the following three (3) tie-line courses and distances: 1. South 60 degrees 37 minutes 00 seconds West, 38 . 02 feet; 2. South 37 degrees 54 minutes 43 seconds West, 66. 64 feet; 3 . South 55 degrees 33 minutes 26 seconds West, 27. 07 feet to land now or formerly Wickham' s Fruit Farm; RUNNING THENCE North 59 degrees 23 minutes 29 seconds West along land now or formerly Wickham's Fruit Farm 901.47 feet to other land now or formerly Wickham's Fruit Farm; k CHICAGO TITLE INSURANCE COMPANY SCHEDULE A (Description) TITLE #: 10-38-0150-8933 RUNNING THENCE along other land now or formerly Wickham' s Fruit Farm and along land now or formerly of Peter Preziosa and Louise Preziosa the following three (3) courses and distances: 1. North 20 degrees 29 minutes 01 second East, 290 .67 feet; 2. South 62 degrees 36 minutes 49 seconds East, 356.55 feet; 3. South 53 degrees 44 minutes 29 seconds East, 366.57 feet to the point or place of BEGINNING. TOGETHER with a 16 1/2 foot right of way as described in Liber 5893 Page 354, the centerline being bounded and described as follows: BEGINNING at a point on the northwesterly side of Old Pasture Road, said point being situate North 34 degrees 33 minutes 11 seconds East as measured along the northwesterly side of Old Pasture Road, 10. 07 feet from the intersection of the northwesterly side of Old Pasture Road and the southwesterly side of Honeysuckle Lane; RUNNING THENCE from said point of beginning through land now or formerly of Peter Preziosa and Louise Preziosa the following two (2) courses and distances: 1. North 48 degrees 50 minutes 09 seconds West, 166.72 feet; 2. South 36 degrees 15 minutes 31 seconds West, 219.36 feet to land now or formerly of John L. Wickham; TOGETHER with a 16 1/2 foot right of way as described in Liber 11860 page 540, the northerly line being bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa, said point being situate the following four (4) courses and distances from the intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of Old pasture Road; 1. North 34 degrees 35 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; .. Neth 48 degrees .50 minutes 0-9 seconds, West, ._ feet as _. measured along the centerline of the 16 1/2 foot right of way as described in Liber 5893 Page 354; a a CHICAGO TITLE INSURANCE COMPANY SCHEDULE A (Description) I TITLE ##: 10-38-0150-8933 3 . South 36 degrees 15 minutes 31 seconds West, 219. 36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 8.25 feet as measured along the westerly line of land now or formerly of 4 Peter Preziosa and Louise Preziosa; i RUNNING THENCE from said point of beginning South 36 degrees 15 minutes 31 seconds East along land now or formerly of John L. r Wickham, 25. 00 feet; i TOGETHER with an easement for ingress and egress, bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa, said point being situate the following four (4) courses and distances from the intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of Old Pasture Road; 1. North 34 degrees 33 minutes 11 seconds East, 10. 07 feet as measured along the northwesterly side of Old Pasture Road; 2 . North 48 degrees 50 minutes 09 seconds West, 166.72 feet as measured along the centerline of the 16 1/2 foot right of way as described in Liber 5893 Page 354; 3 . South 36 degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 8 .25 feet as measured along the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa; RUNNING THENCE from said point of beginning South 36 degrees 15 minutes 31 seconds West along land now or formerly of John L. Wickham, 25.00 feet to a point; RUNNING THENCE South 81 degrees 15 minutes 31 seconds West through the retained parcel, land of the party of the first part, 35. 36 feet to a point; RUNNING THENCE North 36 degrees 15 minutes 31 seconds East along ' the acquisition parcel, land of the party of the first part 50. 00 feet to land now or formerly of Peter Preziosa and Louise Preziosa; RUNNING THENCE South 53 degrees 44 minutes 29 seconds East along land now or formerly of Peter Preziosa and Louise Preziosa, 25. 00 feet to the point or place of BEGINNING, Southold Town Hall BOARD MEMBERS Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporafficfti : Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 REC IVSD 1 $-35arn FINDINGS,DELIBERATIONS AND DETERMINATION O 2 2 2I)17 MEETING OF NOVEMBER 16,2017 W 1 � Soul ld Town Cleric ZBA FILE: 7101 NAME OF APPLICANT: John L.Wickham and Jonathan Wickham PROPERTY LOCATION: 744 Old Pasture Road,Cutchogue NY 11935 SCTM: 1000-103-11-21 &22.1 5SM&&DTRIMfN 11ON: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. JJFF7OLK COI N'I'Y..ADlyl .l"i1Sl.'IULIVE- CQDE: This application was referred as required tinder the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its. reply dated August 18, 2017. . stating that this application,, is considered a matter for local determination as there appears to be no significant county-wide or inter-community irnpact. LWRP .EJTJ( 1NATIOT�: This application was referred for review under Chapter 268, Waterfront Consistency Q_- review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 23, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the recornmendation of the Coordinator that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The action would make SCTM No. 1000-103-11-21 more conforming to the minimum lot size required in the zoning district. MWN OF OU l HQLD17 LANNING BOARD: This This application was referred to the Planning Board of the Town of Southold for comments. The Planning Board Chairman in his memorandum of September 26, 2017 indicated that the Planning Board had no concerns or objections, and further remarked that their understanding of the application is to increase Lot 1 in area, so as to reduce the.nonconformity. EROEERTY,-EACI"S�DLSCRaIEI'ION: The two parcels comprising this lot line change(merger) are located in two different Zoning Districts (R.80 & AC), and are both currently non-conforming in size. The resulting, split-zoned parcel will measure 338 feet along the easterly lot line shared with a residential neighbor, 116 feet along Wickham. Creekand running northwest, along agricultural lands owned by the applicant, 168.81 feet to a western turn in the lot line of 30 feet and then continuing northwest 115 feet. The northern lot line, also along agricultural lands owned by the applicant(SCTM#1000-103-11-22.2),was there is a Deed of Development Rights owned by Suffolk County, is 149.16 feet, Access to the property is via a 16.5 feet wide right of way over the neighbor to the east's land and presently follows the same dirt driveway that neighbor uses instead of the legal right of way. The existing residential property (lot 1) is unproved with a two-story frame single family dwelling with waterside covered porch The existing agricultural zoned property (lot 2) is unproved with a two-car frame garage that; was clearly Page 2,November 16,2017 97101,Wickham SCTM No. 1000-103-11-22&22.1 built to service the adjacent residence as shown on a survey prepared by John C. Ehlers,Land Surveyor, dated July 26, 2017. BASIS OF_APPLICXrION: Request for a Variance under Article IV, Section 280-14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification (to combine two lots and then create a new lot); at. 1) proposed lot measures less than the code required rnininturn lot area of 80,000 sq.ft. at: 744 Old Pasture Road, Cutchogue,NY, SCTM-#1000-103-11-21 &22.1. gE-11EF RE-_CUE'SLEQ: The applicant requests a variance for the creation of a non-conforming lot area resulting Q rroin a lot line change(merger) whereby Lot 1 (SCTM 41000-103-11-21 zoned R80) consisting of 23,719 square feet will be merged with Lot 2 (SCTM #1000-103-11-211 zoned Agricultural Conservation (AC) consisting of 16,877 square feet. In doing so, the newly created parcel will extinguish the potential for development of Lot 2 and will create a less non-conforming,developed,residential lot having an increase in si7e to 40,596 square feet. ADD110N`&- field to the west(SCTM 1000-10:3-1.1-22.2 LjNEQRM�& The applicant owns the agricultural f Zoned AC and measure,,, approximately 233,492 square feet or approximately 5.36 acres) whereby a Deed of Development Rights was, sold in 2012 to Suffolk County Which retained ,,in unrestricted, developable area (Lot 2) associated with the farm parcel. Eric Bressler,Escl, spoke on behalf of the applicant at the public hearing at which time no other member of the public spoke in favor or against this application. FINUINO OF F—ACr�l—ZEA--',*QNS—FQR-ELQARa—ACT'ON' The Zoning Board of Appeals field a public hearing on this application on November 2,2017 ,it which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1.)_t Grant of the variance will not produce an Undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcels are located at the end of a private, unpaved driveway and is only visible to one or two other properties. The merger will have no visual impact since, nothing, but a lot line will be changed. Moreover, the resulting parcel will become less non-,conforming, having a total of 40,596 square feet in area instead of the required 80,000 square feet. The merger consists of joining two non-conforming lots which will extinguish the development potential for the smaller of the two lots previously associated with the Development Rights Sold farm parcel. Additionally, by creating a more *conforming' residential lot, along with the previous sale of development rights on the farm parcel, the applicant has improved the neighborhood and eliminated further possible development on the creek front and reduced density overall in the area.. 2. Town Law 67-1w 3)(b) 2 . The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The proposed merger will result in a 40,596 square feet parcel, located in the R80 Zoning District,where 80,000 square feet is required; therefore, a variance is needed. It is not possible for the applicant to annex or acid any adjacent land to create a conforming lot, 3. , The variance granted herein is niathernatically substantial, representing 49.25% relief from the code. Howeverthe merger will decrease the degree of non-conformity of the, subject parcel, will reduce potential density in the neighborhood, and will in effect double the size of the existing residential lot. Additionally, the accessory garage currently exists on a lot that is not developed with a code required principal structure.The proposed merger Will remedy this non-conformity. Page 3,November 16,2017 #7101,Wickham SCTM No. 1000-103-11-22&22.1 4. Town Lmv—'267-b b . No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town. Law 267-b(3)(b I)(1 5). The difficulty has not been self'-created. The applicant has owned the subject parcel (SCTM #1000-103-11-21) along with adjacent parcels prior, to the current zoning. Of great importance, is the 'fact that this residential lot, consisting of an original 23,7.19 square feet was developed well before the R-80 Zoning designation. 6. Town LaNv §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a merger ocf two non-conforming lots while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community, RESOLUTION OE IE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Planamento, seconded by Member Weisman (Chairperson) ,and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by John C. Ehlers, Land Surveyor and dated July 26, 2017 SQBJEC ' LrFO—TI-rE,F'.01,1,0—WINQ-Q-O—NQI- 11-1 Lot creation approval by the Southold Town Planning Board Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Goehringer,Dantes,Planamento, and Acampora. This Resolution was duly adopted(5-0), Leslie Kanes Weisman, Chairperson Approved for filing/ /d 0 /2017 617.20 Appendix B Short Environmental Assessment Form Instructions for °oi )Henri Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: nC _ Name of Applicant or$ponsor: Telephone: ��_ 1,4 in d- E-Mail: Address: 0 ®GlC City/PO: IjState: Zip Code: , 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES t) ,r_ name a, rm t M� ? " ` ac 2�a t,.: � a T'x a' � If Yes,list a ._.... ......._.... 3.a.Total acreage of the site of the proposed ac n? " .,m acres b.Total acreage to be physically disturbed? --— acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑ Rural(non-agriculture) ❑Industrial ❑ Commercial ))Residential(suburban) ❑ Forest XAgriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page ; of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? V% 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? N"O� YES V b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? ...... _ NO YES If No,describe method for providing wastewater treatment: ......, _vv 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: ty typical habitat types �g.X..ry likely to be found on the project site. Check 14. ldea�tr" the Kcal habitat es that occur on ,or are dike y p � all that apply: IB`Shoreline ❑Forest riculttzral/,grasslands ❑Early Enid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NOYES I Yes, ......... .....�. a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include.. .._.._. _ _ p construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: _... I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGEAl Applicant/sponsor name: " Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy o ortunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character orquality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. * Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 DRAFT DEED—New Parcel Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of 12019 BETWEEN JOHN L. WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057, party of the first part; and JOHN L. WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, at Fleet's Neck, near Cutchogue, bounded and described as follows: BEGINNING at a point which is the following three (3) courses and distances from the centerline of a 16 '/2 foot wide right-of-way at the southwesterly corner of Old Pasture Road: (1) North 48 degrees 50 minutes 09 seconds West, 166.72 feet; (2) South 36 degrees 15 minutes 31 seconds West, 219.36 feet; (3) North 53 degrees 44 minutes 29 seconds West, 8.25 feet to the true point or place of BEGINNING. RUNNING THENCE South 53 degrees 44 minutes 29 seconds East 321.25 feet along lands now or formerly of Isabel Wacker and Thomas Wacker to Wickham Creek; THENCE along Wickham Creek, the tie lien being the following four (4) courses and distances: (1) South 58 degrees 41 minutes 11 seconds West, 86.54 feet; (2) North 53 degrees 44 minutes 29 seconds West, 6.0 feet; (3) South 54 degrees 58 minutes 03 seconds West 23.86 feet; (4) South 60 degrees 37 minutes 00 seconds West, 18.18 feet to lands now or formerly of John L. Wickham and Jonathan Wickham; THENCE along said lands now or formerly of John L. Wickham and Jonathan Wickham the following four (4) courses and distances: (1) North 53 degrees 44 minutes 29 seconds West, 168.81 feet; (2) South 36 degrees 15 minutes 31 seconds West, 30.00 feet; (3) North 53 degrees 44 degrees 29 seconds West, 115.00 feet; (4) North 36 degrees 15 minutes 31 seconds East, 149.16 feet to lands now or formerly of Isabel Wacker and Thomas Wacker; THENCE along lands now or formerly of Isabel Wacker and Thomas Wacker South 53 degrees 44 minutes 29 seconds East, 25.00 feet to the point of place of BEGINNING. TOGETHER WITH a right-of-way for all ordinary purposes of travel and for utility purposes over a strip of land 16 '/2 feet in width to Old Pasture Road as more particularly described in Liber 5893 page 354. TOGETHER with all right, title and interest of the party of the first part to land now or formerly below high water mark or under water, together with accretions, if any. SUBJECT TO a right of way for ingress and egress for the benefit of Jonathan Wickham, his successors and assigns, described as follows: Beginning at a point located at the beginning point of the Parcel described above; Running thence along land of Wacker North 53 degrees 44 minutes 29 seconds West 25.00 feet; Running thence along the northerly side of the Parcel described above, South 36 degrees 15 minutes 31 seconds West, 50.00 feet; thence through the parcel described above and land of John L. Wickham, the following two (2) courses and distances: (1) North 81 degrees 15 minutes 31 seconds West, 58.71 feet; (2) thence North 36 degrees 15 minutes 31 seconds West, 8.47 feet to land of Wacker; thence along said land North 53 degrees 44 minutes 29 seconds East 16.5 feet to the point or place of beginning. Such rights of way specifically include, the right to lay underground cables and lines for water, electric, telephone, internet and other utilities. This deed is intended to merge the two adjoining parcels owned by John L. Wickham as a result of the resubdivision approved by the Southold Town Planning Board on TOGETHER with all right, title and interest, if any, of the party of the first part in and to 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. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part 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 encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: John L. Wickham Jonathan Wickham Re/w/deedwickham22.1&21merged3-15-19 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK.STATE. State (or District of Columbia,Territory, or Foreign Country) of MARYLAND, County of ss: On the day of in the year 2019, before me, the undersigned, personally appeared JOHN L.WICKHAM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (ar subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), al that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acte executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken (signature and office of individual taking acknowledgement) Notary Public State (or District of Columbia,Territory, or Foreign Country)of TEXAS, County of ss: On the day of in the year 2019, before me,the undersigned, personally appeared JONATHAN WICKHAM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public W U LL LL O 0 z ,... IAROAIN AND SALE DEED tiTH COVENANT AGAINST GRANTOR'S ACTS SECTION 103.00 le, No. BLOCK 11.00 W LOT p/o 022.001 Cn JOHN L. WICKHAM AND DISTRICT 1000 ° JONATHAN WICKHAM v TO JOHN L. WICKHAM Ln 2 F W LU DRAFT DEED—(strip) Standard N.Y.B.T.U. Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of 2019 BETWEEN JOHN L. WICKHAM AND JONATHAN WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057 and 2056 S IH-45, Wilmer, Texas 75172, respectively, party of the first part; and JOHN L. WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, at Fleet's Neck, near Cutchogue, bounded and described as follows: BEGINNING at a point which is the following three (3) courses and distances from the centerline of a 161/2 foot wide right-of-way at the southwesterly corner of Old Pasture Road: (1) North 48 degrees 50 minutes 09 seconds West, 166.72 feet; (2) South 36 degrees 15 minutes 31 seconds West, 219.36 feet; (3) North 53 degrees 44 minutes 29 seconds West, 8.25 feet to the true point or place of BEGINNING. RUNNING THENCE along lands of John L. Wickham the following two (2) courses and distances: (1) South 36 degrees 15 minutes 31 seconds West, 80.00 feet; and thence (2) South 53 degrees 44 minutes 29 seconds West, 280.00 feet more or less to Wickham Creek; THENCE along Wickham Creek the tie line being the following two (2) courses and distances: (1) South 54 degrees 58 minutes 03 second West, 23.86 feet; (2) South 60 degrees 37 minutes 00 seconds West, 18.18 feet to lands now or formerly of the party of the first part; THENCE along said lands the following four (4) courses and distances: (1) North 53 degrees 44 minutes 29 seconds West, 168.81 feet; (2) South 36 degrees 15 minutes 31 seconds West, 30.00 feet; (3) North 53 degrees 44 degrees 29 seconds West, 115.00 feet; (4) North 36 degrees 15 minutes 31 seconds East, 149.16 feet to lands now or formerly of Isabel Wacker and Thomas Wacker; THENCE South 53 degrees 44 minutes 29 seconds East, 25.00 feet to the point of place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part to land now or formerly below high water mark or under water, together with accretions, if any. TOGETHER WITH a right-of-way for all ordinary purposes of travel and for utility purposes over a strip of land 16 1/2 feet in width to Old Pasture Road as more particularly described in Liber 5893 page 354. RESERVING, TOGETHER WITH AND SUBJECT TO a right of way for ingress and egress for the benefit of the party of the first part, their successors and assigns, described as follows: Beginning at a point located at the beginning point of the Parcel described above; Running thence along land of Wacker North 53 degrees 44 minutes 29 seconds West 25.00 feet; Running thence along the northerly side of the Parcel described above, South 36 degrees 15 minutes 31 seconds West, 50.00 feet; thence through the parcel described above and land of John L. Wickham, the following two (2) courses and distances: (1) North 81 degrees 15 minutes 31 seconds West, 58.71 feet; (2) thence North 36 degrees 15 minutes 31 seconds West, 8.47 feet to land of Wacker; thence along said land North 53 degrees 44 minutes 29 seconds East 16.5 feet to the point or place of beginning. The grant of such rights of way specifically include, without limitation, the right of ingress and egress, the right to lay underground cables and lines for water, electric, telephone, internet and other utilities and the right to clear as necessary for same, and the obligation to repair and restore damage to the road bed. The Southold Town Planning Board approved this lot line modification by resolution on TOGETHER with all right, title and interest, if any, of the party of the first part in and to 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. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part 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 encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: John L. Wickham Jonathan Wickham Re/w/deedwickham22.1-3-15-19 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory, or Foreign Country)of MARYLAND, County of ss: On the day of in the year 2019, before me,the undersigned, personally appeared JOHN L.WICKHAM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (ar subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), al that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acte executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken (signature and office of individual taking acknowledgement) Notary Public State (or District of Columbia,Territory, or Foreign Country)of TEXAS, County of ss: On the day of in the year 2019, before me, the undersigned, personally appeared JONATHAN WICKHAM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), an that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken (signature and office of individual taking acknowledgement) Notary Public w U LL LL O 0 z 'a GAIN AND SALE DEED WITCOVENANT AGAINST GRANTOR'S ACTS SECTION 103.00 Ti l%No. BLOCK 11.00 y LOT p/o 022.001 JOHN L. WICKHAM AND DISTRICT 1000 ° JONATHAN WICKHAM LU TO y JOHN L. WICKHAM w W DEED—Farm Parcel Standard N.Y.B.T.U. Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of 12019 BETWEEN JOHN L. WICKHAM AND JONATHAN WICKHAM, residing at 11752 Harford Road, Glen Arm, Maryland 21057 and 2056 S IH-45, Wilmer, Texas 75172, party of the first part; and JONATHAN WICKHAM, residing at 2056 S IH-45, Wilmer, Texas 75172, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, at Fleet's Neck, near Cutchogue, bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Peziosa, at NYS Plane Coordinate NAD 1985 North 311,067.55 East 1,404,199.82, said point being situate the following four(4) courses and distances from the intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of Old Pasture Road; 1. North 34 degrees 33 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; 2. North 48 degrees 50 minutes 09 seconds West, 166.72 feet as measured along the centerline of the 16 1/2 foot right of way as described in Liber 5893 page 354; 3. South 36 degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 33.25 feet as measured along the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa; RUNING THENCE from said point of beginning through the party of the first part the following four (4) courses and distances; 1. South 36 degrees 15 minutes 31 seconds West, 149.16 feet; 2. South 53 degrees 44 minutes 29 seconds East, 115.00 feet; 3. North 36 degrees 16 minutes 31 seconds East, 30.00 feet; 4. South 53 degrees 44 minutes 29 seconds East, 168.81 feet to the approximate high water mark of Wickham Creek; RUNNING THENCE along the high water mark of Wickham Creek, the following there (3) tie-line courses and distances; 1. South 60 degrees 37 minutes 00 seconds West, 38.02 feet; 2. South 37 degrees 54 minutes 43 seconds West, 66.64 feet; 3. South 55 degrees 33 minutes 26 seconds West, 27.07 feet to land now or formerly of Wickham's Fruit Farm. RUNNING THENCE North 59 degrees 23 minutes 29 seconds West along land now or formerly of Wickham's Fruit Farm 901.47 feet to other land now or formerly of Wickham's Fruit Farm; RUNNING THENCE along other land nor or formerly of Wickham's Fruit Farm and along land now or formerly of Peter Preziosa and Louise Preziosa the following three (3) courses and distances: 1. North 20 degrees 29 minutes 01 seconds East, 290.67 feet; 2. South 62 degrees 36 minutes 49 seconds East, 356.55 feet; 3. South 53 degrees 44 minutes 29 seconds East, 366.57 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way for all ordinary purposes of travel and for utility purposes over a strip of land 16 %feet in width to Old Pasture Road as more particularly described in Liber 5893 page 354, and any other rights of way and easements of record. TOGETHER with all right, title and interest of the party of the first part to land now or formerly below high water mark or under water, together with accretions, if any. SUBJECT TO a right of way for ingress and egress for the benefit of Jonathan Wickham, his successors and assigns, described as follows: Beginning at a point located at the beginning point of the Parcel described above; Running thence along land of Wacker North 53 degrees 44 minutes 29 seconds West 25.00 feet; Running thence along the northerly side of the Parcel described above, South 36 degrees 15 minutes 31 seconds West, 50.00 feet; thence through the parcel described above and land of John L. Wickham, the following two (2) courses and distances: (1) North 81 degrees 15 minutes 31 seconds West, 58.71 feet; (2) thence North 36 degrees 15 minutes 31 seconds West, 8.47 feet to land of Wacker; thence along said land North 53 degrees 44 minutes 29 seconds East 16.5 feet to the point or place of beginning. Such rights of way specifically include, the right to lay underground cables and lines for water, electric, telephone, internet and other utilities. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated recorded in Liber Page and deed dated recorded in Liber Page . TOGETHER with all right, title and interest, if any, of the party of the first part in and to 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. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part 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 encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: John L. Wickham Jonathan Wickham Re/w/deedwickhamfarmparcel3-25-19 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory, or Foreign Country)of MARYLAND, County of ss On the day of in the year 2019, before me, the undersigned, personally appeared JOHN L.WICKHAM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (ar subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), al that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acte executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken (signature and office of individual taking acknowledgement) Notary Public State (or District of Columbia,Territory, or Foreign Country)of TEXAS, County of ss: On the day of in the year 2019, before me,the undersigned, personally appeared JONATHAN WICKHAM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), an that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment w, taken) (signature and office of individual taking acknowledgement) Notary Public SECTION 103.00 BLOCK 11.00 LOT p/o 022.002 DISTRICT 1000 W U ,......... U- LL 0 0. AROAIN AND SALE DEED tiTH COVENANT AGAINST GRANTOR'S ACTS le No. W Cn � JOHN L. WICKHAM AND ° JONATHAN WICKHAM v TO y JOHN L. WICKHAM N 2 H W W JOHN L. WICKHAM/JONATHAN WICKHAM —Proposed ReSubdivision 744 Old Pasture Road, Cutchogue, NY 11935 SCTM#1000-103-11-21 (house), 22.1 (garage), 22.2 (Farm) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplementother inform ation used by a Town w=n oil"Southold agency in nnaldrng,a determination of consistency, "`Except nnlnor exennpt actions inclt.uding Building Permits and other ministerial permits not located within the-Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preprarer of this form should review the exempt nnintr action list, policies and exllanat,i<aans a:al''entcln policy contained in the Town of Southold Local Waterfront Revitalization Program. A. proposed action will) be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all.of Southold Town). .. If any question in Section f", on Rkais f�brm is ans�w ered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LVW policy standards and conditions, it shall not be undertaken. A copy of the LMU"is available in the following places: online at the Town of Southold's website(southoldtanwn.northki)a-k.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION S CTM# 1001 -,103-11-?1, -22.It 22.2 The Application itas been sLtbrni ted to (check appropriate respotlse): Town Board Planning:Dept."` Btuidi„ttg Dept. X Board ofTnistees ZBA X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) X (c) Permit, approval, license, certification: Nature and extent of action: Moving lot line to remove garage parcel (22.1) from farm parcel (22.2) and attach to house parcel (21) . Location of action: 744 Old Pasture Road, Cutchogue, NY 11935 Site acreage: 23,719 sf house; 16,877 sq garage; 5.36 acres, farm Present land use: Residence and Vacant/agricultural Present zoning classification: House: R-40; Garage and Farm: AC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: John L. Wickham and Jonathan Wickham (b) Mailing address: 11752 Harford Road, Glen Ann, MD 21057; 2056 S 1H-45, Wilme,TX 75172 (c) Telephone number: Area Code (631) 298-8353 (Abigail Wickham) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community .character,preserves ripen space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LVW Section III-Policies; Page 2 for evaluation criteria. Yes No (Not Applicable ) YES. This project seeks to remove the unrestricted buildable area from a farm parcel to which development rights have been sold and add it to the adjoining undersized residence Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable) Not Applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWT,P Section III-Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable) YES As what will essentially be a side yard to the residence, the ability to build on the parcel being transferred is reduced. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LVW Section III-Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE Structures are in Zone X Policy 5. Protect and improve water quality and supply in the Town of Southold. See LVW Section III-Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable) YES This will remove a buildable area from the farm parcel, potentially reducing density.. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife flabitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable) Neutral Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III— Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable) Neutral Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable) YES —Prevents construction of an agricultural building on the garage parcel. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable) NOTAPPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE The farm is already protected. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No (Not Applicable) — NOT APPLICABLE OFFICE LOCATION: �9 MAILING ADDRESS: Town Hall Annex ' P.O. Box 1179 54375 State Route 25 �+ ' ' Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) '`"w Southold, NY � Telephone: 631 765-1938 www.southoldtownny.gov ' UNV PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: March 27, 2019 Re: Checks Please deposit the attached check into B691: Deferred Revenue. Fee is for a Lot Line Change Application not yet accepted by the Planning Board. Thank you. .........._....... _ .........�.._.m...... P_ roject Name & Type Tax Map # Amount Check Date & Number John L. Wickham Lot Line 103.-11-21, $500.00 11/7/18 - #1817 Change 22.1 & 22.2 Mary Lou &.John L. Wickham ALP . Att. 9011114 ft 8 1752 'arW d"" : 4` . t 1057-9355 fia',, Fit ater a, r o e nkof merica ACH R/T 052001633 41 For •-Q�-- .;. ,' i:05200L633i: 00707L5L4444vL8L7' CTA 9)0 AAM �,