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HomeMy WebLinkAboutWICKHAM, JOHNTRUSTEES ~ SUPERVISOR 'John M. Bredemeyer. III. President SCOTT L. HARRIS Albert J. Krupski, Jr.. Vice President Henry P. Smith Town Hall John B. Tuthill 53095 Main Road William G. Albertson EO. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 6, 1993 John Wickham Main Road Cutchogue, NY 11935 RE: Wickham Property Cutchogue Dear Mr. Wickham: The following action was taken by the Southold Town Board of Trustees at the regular meeting of December 6, 1993: WHEREAS, an offer has been made by John Wickham of Cutchogue to transfer all right, title and interest to meadow islands held by him in West Creek, New Suffolk to the Southold Town Trustees in exchange for Town Trustee lands existing behind his dike at West Creek, New Suffolk WHEREAS, our initial research indicates that the Town may acquire more land than we transfer and that it may provide more accessible uses for hunting, fishing and shellfishing for our residents. RESOLVED, the Southo!d Town Trustees support the concept of a transfer of land with Mr. Wickham subject to the following: 1) Verification of the acreages by licensed survey or photogrametric method to show the Town Trustees as a net benefactor in the transfer. 2) Creation of a scale map of the proposed transfer to be used at the public hearing and by the press. 3) Holding a public hearing to determine the level of public support for such a transfer. 4) A resolution authoring the Trustee's attorney and President of the Trustees to effectuate the transfer. If you have any questions, please do not hesitate to contact this office. Very truly yours, o Br '~' President, Board of Trustees JMB:jmd United States Soil Riverhead County Center Department of Conservation Room E- 16 Agriculture Service Riverhead, New York 11901-3398 January 19, 1993 Mr. Albert Krupski, Jr., Vice President Town of Southold Board of Trustees P.O. Box 1179 Southold, New York 11971 Dear A1: I have completed the measurement of the areas you identified on the Wickham property. 1992 aerial photography was only available for area 1 - 4. The rest of the areas were measured off of the 1984 photography. As I indicated to you earlier the method used to measure these sites is subject to a certain degree of error due to the scale of the photography and the tool used to determine acreage. There may have been some changes in the configuration of the islands since 1984. Without up to date large scale photography it would be virtually impossible to identify these changes. Area # Acres Area # Acres 1 0.4 11 0.1 2 4.6 12 0.2 3 0.2 13 1.1 4 0.2 14 0.4 5 5.8 15 1.2 6 2.9 16 0.07 7 0.1 17 0.9 8 0.1 18 0.07 9 0.3 19 0.1 10 0.07 20 0.9 Sincerely, ? ~ Allan S. Connell District Conservationist enc. The Soil Conservation Service SCS-AS-1 is an agency of the ~' 10-79 Department of Agriculture AN EQUAL OPPORTUNITY EMPLOYER TRUSTEES SUPERVISOR John M.-Bredemeyer, m, President SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President Henry P. Smith Town Hall John B. Tuthill 53095 Main Road P.O. Box 1179 W'flliam G. Albertson Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 13, 1993 Suffolk County Soil C.onservation County Center Riverhead, NY 11901 Dear Sirs: The Southold Town Trustees would request your cooperation on our behalf in the matter of John Wickham. We would appreciate a land measurement of both marsh island's in West Creek and the open water or canal's behind Mro Wickham's dike as shown on recent aerial photo's. The Southold Town Trustees appreciate this cooperation between governmental agency° Sincerely, Albert J. Krupski, Jr. Vice-President, Board of Trustees AJK: j md Notes re Wickham's West Farm Behind n;~r0Wlq~. OF $0HTI40LD Backgr°und This parcel of over 90 acres is owned by John & Anne and Thomas & Gekee Wickham. It was acquired in several stages but the "Great Meadows" of colonial days stretching from New Suffolk Lane and Grathwohl Road to West Creek that was acquired 47 years ago consisted of about 70 acres of salt hay land. In addition there is over 10 acres of upland which is still wooded and acquired later. In 1944, with the knowledge of the Trustees, large dikes nearly 10 ft high, 30 ft wide at the base and 6 ft wide at the crest were built facing West Creek for nearly a mile. They were built to make agricultural crops possible by protecting them from disastrous high tides associated with storms such as the 1938 hurricane and the November storm of 1936. Of the 70 acres of meadow, about 30 acres were of mineral soils. We planted almost all this area t°a wide range of crops including onions, wheat, strawberries, sweet corn, blueberries, tomatoes, and asparagus, to. name a few. Currently, they are primarily growing asparagus, blueberries and sweet corn. In 1976 we sold the development rights to these acres to Suffolk County. The organic soils portion, comprising over 30 acres closer to the dikes and main drainageways, was more difficult to farm although it was not appreciable lower. During the 1940s and 50s, we put in a complete system of fresh water canals and drainage ditches completely replacing the salt water gutters and ponds. We intended to lower the watertable by pumping down the water in the canals, but in the 1970s when the price of energy escalated it was decided to give up the plan of pumping and grow crops requiring a high water table such as cranberries. (This wOuld also strengthen the groundwater position of New Suffolk). We now have over two acres of cranberry bogs. The engineering design for these bogs was provided by SCS; the NY State Department of Agriculture and Markets provided a modest grant to assist us in getting started, and Cornell Cooperative Extension has also been a partner in this enterprise. Cranberry harvesting and handling equipment has been acquired from the last commercial grower on Long Island. Costs so far (not including land development costs prior to 1987) exceed $60,000 on these two acres. In doing the engineering design for the cranberry bogs, it became evident that the elevation of the surface would be 3 inches below normal high water level. Although all of this area was once salt hay ground or "high marsh" well above high water, the organic soils portion subsides with use and time. As we contemplated the high capital costs involved in establishing agricultural enterprises in this area, it was thought prudent to make sure that there were no adverse restrictions that might wash away the investment. Accordingly, a quitclaim deed from the Commoners 2 (the successors in title to the original patentees) was acquired and recorded in the 1970s for that land behind dikes and between high and low water elevations. (During the same period a rather considerable amount of salt marsh outside the dikes was acquired from the Commoners, and from others, all in West Creek.) At this time it was thought best to inform the Trustees what was anticipated and we requested from them a quitclaim deed. At the insistence of our attorney, we offered consideration of $500 for it even though only two acres out of some seventy was involved, and even though those two acres were only 3 inches below the normal high water mark. It appears to us that the Trustees felt that the consideration should be much greater. We felt that the Trustees would not even have been aware of the issue if we hadn't come to them with it. We understand the Trustees have established the practice of giving quitclaim deeds for consideration of $1.00 to owners of land upon which County spoil was placed some twenty years ago. Ours is really the reverse of that situation. This land is now lower than it was and there is thus less gain, rather than more, to the owner. Over the years we have added to the family holdings of salt marsh in West Creek itself to the point where we have recorded title to some thirty acres, the most part consisting of the Meadow Islands between the main channel and the West gutter. We have offered these to the Town of Southold under the open space program but a small title question still remains to be resolved. I have retained, at my expense, an attorney to file a bar claim action on these meadow islands. I could include in this action, at no extra cost, the organic-soil portion of the land behind the dikes, but I would prefer not to in order to protect the Trustee's broader interests in the Town. Why we wish to move ahead but prefer to avoid bar claim action In our failure to reach agreement with the Trustees, and my preference not to contest this action in court, we have been put to substantial expense, inconvenience and risk: In the first place, Southold's wetlands ordinance under which the Trustees operate states that emergency repairs to existing structures may be made without permit. Yet after Hurricane Gloria we were required to go the full permit route and even pay the stepped up fees. It took 18 months (one half hour in the DEC office secured their emergency permit at no expense). In the second place, when the Ag District Law came up for review, the Trustees wrote to the Commissioner DEC suggesting that he-take some of our marsh land out of the District since the Trustees might have a claim on it. Not only did he do that, he also took another parcel off-- and his decision is not subject to appeal. As a result, increased taxes to date have cost me about $1200. In addition, we must pay about $140 per year in fees for the Individual Commitment and must continue doing so for at least another 5 or 6 years. The Trustees' letter of September 17th refers to the Commoners' interest in this property. This does not address the point. The Commoners of the Town are in no way involved in this project nor will they be if we can work out our problems. The fact is that I hold a recorded deed from the Commoners for precisely the land I am asking the Trustees for a quitclaim on. If this case goes to court, as may well happen, the Trustees will be defendants, and if our side prevails, as I have every assurance it will, then this will become a legal precedent setting Commoner's above the Trustee's claims elsewhere in the Town. Remember also, Commoners came before Trustees in Southold. I don't want this to happen for I feel that the Trustees have generally done a good job in protecting our marine fringe. I don't want to see hundreds of miles of intertidal marsh at risk but apparently the Trustees do not see this risk. There would be nothing to stop the Commoners from giving confirmatory deeds to vast areas of meadowland. Confirmatory deeds are not new to the Commoners. From the time of my first request for a quitclaim about 10 years ago the Trustees have questioned the consideration I offered. For my part I've always felt that the Trustees, for reasons stated above, should be glad to give it free to avoid the legal implications, but I recognized that there must be some consideration. Also because there is such a very small area below the high water level (our two acres of cranberries) and that only 3 inches below, it seems surprising that we have not been able to close our differences. To summarize, we acquired the salt marsh almost 50 years ago. The dikes and drainageways were built with the acquiescence of the Trustees and under permit and knowledge of the Trustees. In the process we have converted the entire area to a fresh water agricultural area, of which about two thirds has already been brought under cultivation. Taxes have been paid on the whole area all these years and we have improved it to the extent of hundreds of thousands of dollars at today's prices ($50,000 within the past three years just for cranberries). We have used it and had possession all these years. We would like to expand our cranberry operation as a logical and appropriate use of the organic soils part, but not as long as the Trustees maintain jurisdiction over these areas. Proposal We would like to exchange quitclaims for an acre or two of West Creek islands, by which the Trustees would quit claims on the agricultural land behind dikes. Alternatively, we would consider a quitclaim deed from the Trustees for a small consideration. As a last resort, we might have to include the properties in our bar claim action. September 23, 1991 John Wickham TRUSTEES John M. Bredemeyer, III, President SUPERVISOR Henry P. Smith, Vice President ,., SCOTT L. HARRIS Albert I. Krupski, Jr. '~ lohn L. Bednoski, Jr. Town Hall John B. Tuthill 53095 Main Road P.O. Box 1179 Telephone (516) 765-1892 BOARD OF ~TOWN TRUSTEES Southold, New York 11971 Fax (516) 765-1823 TOWN OF SOUTHOLD September 17, 1991 John Wickham Main Road Cutchogue, NY 11935 Dear Mr. Wickham: As a result of the September 5, 1991 meeting worksession the Southold Trustees discussed our position with respect to the commoners, of which you claim membership. As a restatement of Trustee policy, we can tell you that the Southold Town Trustees will not recognize any ownership claim for underwater lands in this Town which can not prove to the satisfaction of this Board continuous and legal ownership preceding October 28, 1676, the date of the Andros Patent. Our previous offer to you to mutually quitclaim certain lands in the West Creek area remains operational with, however, the caveat that you should make every effort to avoid the unnecessary entanglement of this Board in your personal legal affairs. Should the commoners wish to approach this Board on any matter of mutual interest, we will be glad to set up a joint meeting, provided a written request in the form of a certified resolution from your clerk or person(s) with such authority to call such a meeting is received in the Trustee office. Thank you for your cooperation in this matter. Very truly yours, John M. Bredemeyer, III President, Board of Trustees cc: Town Attorney, Harvey Arnoff, Assit. Town Attorney, Matt Kiernan, Supervisor Harris, Tow~ Board, Town Historian TRUSTEES John M. Bredemeyer, III, President SUPERVISOR Henry P. Smith, Vice President SCOTT L. HARRIS Albert I. Krupski, Jr. :;"- John L. Bednoski, Jr. Town Hall John B. Tuthill 53095 Main Road P.O. Box 1179 Telephone (516) 765-1892 BOARD OFITOWN TRUSTEES Southold, New York 11971 Fax (516) 765-1823 TOWN OF S OUTHOLD TO: Antonia Booth, Town Historian FROM: John M. Bredemeyer, III (~~ President, Board of Tru~ RE: Southold "Commoners" DATE: July 15, 1991 Presently, the Town Trustees are considering entering into property negotiations with a $outhold landowner who claims to be a "Commoner" in the historical sense. As we are very concerned with preserving the historical integrity and Andros Patent empowerment the Town enjoys of our Board, we are reluctant to enter into negotiations with a "Commoner" unless we know more about them, their powers and rights. We understand that they might have a claim to certain lands beneath "high water" including mud flats and intertidal areas. Any information, historical or otherwise, you might have which would shed light on the "Commoners" and their relation to the Trustees would be greatly appreciated. As the negotiation we are considering may have considerable public benefit to the Town, in addition to forestalling or eliminating a legal challenge to Trustee lands by a commoner, may we have your response as soon as possible. JMB:jmt cc: Harvey Arnoff, Town Attorney Matt Kiernan, Assistant Town Attorney TRUSTEES Jolm M. Bredemeyer, III, President SUPERVISOR Henry P. Smith, Vice President SCOTT L. HARRIS Albert J. Krupski, Jr. John L. Bednoski, Jr. Town Hall lohn B. Tuthill 55095 Main Road P.O. Box 1179 Telephone (516) 765-1892 BOARD OF iTOWN TRUSTEES Southold, New York 11971 Fax (516) 765-1823 TOWN OF SOUTHOLD July 15, 1991 John Wickham Wickham's Fruit Farm Route 25 Cutchogue, NY 11935 Dear Mr. Wickham: Thank you for your letter of June 19, 1991. Your letter of that date, as well as this response and current discussion by the Board in this matter are considered exempt from the provisions of the "sunshine law" as it deals with matters of the Board and yourself which are of a proprietary nature. The Board does take very seriously your claim as a "Commoner" and is presently researching the issue diligently. Our collective recollection in the matter is very supportive of your claim, so that we are currently getting as much information as possible to enable us to take a formal position with respect to your claim as a Commoner. However, as previously discussed, the Board would much rather conclude a mutual quit claim of property interests leading to your clear title behind the dikes and our acquiring title to vegetated tidal wetlands and underwater mud flats in West Creek with only such pecuniary interest as is legally proper, ordinary and usual. (Possibly, with an additional historical exchange of clams or produce). Absent your authorization to move directly ahead with mutual quit clams, I would recommend you consider meeting again with us shortly; as soon as we have had an opportunity to prepare a formal position on the Commoner issue; Thank you again for writing, as we will now move ahead with this matter. Si~erely yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Harvey Arnoff, Town Attorney Matt Kiernan, Assistant Town Attorney Route 25, Cute, hogue, Long Island, New York 11935 Tel. (51t June 19, 1991 Southold Town Trustees Town Hall Southold, N.Y. ll9?l Gentlemen: I have had in mind meeting with you to go over Ay holdings of salt marsh in West Creek, but find there may- have been a further encroachment on AV title there. For this reason I have instructed AY attorney, Justin Lite, Esq,, to proceed with a bar claim action (action to quiet title). This means that when this case is finished I can give you a bar- gain and sale deed instead of a quitclaim deed for this property. It also means the value will h~ve to reflect my costs. At the same time I expect to include in this action Ay land be- hind the di~kes so that I will not need a quitclaim deed from you. In fact you will become a defendant. Since I have used this land and paid taxes on it for 47 years it will strengthen my case. I haven't wanted, as you know, to include the Trustees in this action because it might weaken your control over the intertidal marsh of all creeks in the Town. This is because the deed from the "Com- moners'' will be established over aAy claim you might have. I feel that your people have taken this possibility too lightly. The "Com- moners" have mn the past deeded out marshlands and mud flats. To avoid this situation you might consider giving me a quit- claim first, Then you wouldn't be a defendant. The consideration could be my agreement to convey to you some 20 acres of salt marsh in this creek at a price to be agreed upon. I want to see this land preserved in its natural state and feel that the Town can do it bet- ter than state or county. I don't like unsightly duck blinds nor people digging out the bog for mussels. The Tow~ could use it to propagate clams and oysters however, I'd be glad to meet with you to discuss this further. Sincerely yours, -John Wickham 58.2A(c) 6~, 8 A '~ ' . ' 3.604 CASE RD. AVE. 13 *; 14 1.5Alc)* 2.9A(c) ' 'ONIC ADO W LA N D J©Rtq 5. WICKPIAIvl. / ...._~._ SHO~,EL/~ TOWN ~ SOIJTHOLD ~--~-- ~ ~(UNDERWATER LAND) SEE SEC. NO ~4 ~ /.~ e4 5.2A (c)