HomeMy WebLinkAbout1000-109.-1-11 i t
of— -335,— Iq7
2 LOT 8
a 53'
til Area : 56,175 SF
a� O 75'M/N. YARD
ST.IBACK TYP. ' '
F — 315' l
r.� LOT 7 i
Area : 42,891 SF
L=52'
50
PROPOSED 30' ROW R �1a 241'
i
Area : 46,355 SF LOT 6
R=28 Area : 42,442 SF
L=41.11'
or
w
-, '►� —311'- o
v LOT 5
R=180' p o Area : 49,921 JSF
J
L=93.61' -
261'
N eye_ .
- � R=150'.,.•.
- �� L=54.10' ,
-s w
:... ,` LOT 4
111 R=120'3., N 125.7
Area : 58,813 SF
L=43.28'
PROPOSED
-165
LOT 1L=92.9T,9R ^ RESERVE AREA
Area : 179,271 SF
12.726 ACRES
R=19S'
`+ L=109.87' `�o\
LOT 3
Area : 20,842 SF
- -- - �\ R=135'
`R=105' L=110.41'
L=85.87' \
3 174' .. ,.
158' N N`
LOT 2 tom+
Area : 40,490 SF °�:,: ; -
N N $
P/O ROW
Area : 17,153 SF
135'
30'
18'
MAIN ROAD k i v. Y.S" Ro UT'l1 25)
RECEIVED
FEB 16 2024
GRAPHIC SCALE G� r iid Town /ADD
Planning Board iso o iso iso aoo soo 1°/f
( IN FE1'T )
1 inch = 150 ft.
LONG ISLAND RAIL ROAD
(MTA)
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Area :� 56,175 SF a gal 0V
15'MIN. YARD C-
-
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PROPOSEDLO42,5891SCONSERVATIONE L=52' -ell —
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.070 ACRES '
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- - -
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-241'—
U PUMP&
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rriTANS \ PROPOSED 30' ROW Z
r -'1 Area : 46,355 SF D
OT 6 N F_
L41.11' 42,442 SF I (—
WOODED
ca —r1 l T]
C
z
AREA
O
D --311' — F71 0 0—
� �� \ OT 5
I BARN 0 FT]
R=180' % -3 Arey49,921 SF Z Z
/ I 23SFTJ
T) L=93.61'
FTI
_ .261'
-P 'D
I FT�
SUBDIVISION SITE DATA
N FHEDE ,° OWNER /APPL/CANT.............. WW FARMS LLC
Q ,R=150 FRAME (/) CUTCHOGUE, NY 11935
0 o Q 24085 MAIN ROAD
�,
SHED
_0 L=54.10
A CONC.
s g ®� RET. WALL X0.9' TOTAL SITE AREA .................... 77.796 ACRES
w
CULTIVATED o�� 1 STOP ^ NUMBER OF LOTS ................... 8 RESIDENTIAL LOTS, 1 CONSERVA 77ON LOT
R=120 FR 558, 3 S 61.7' A
ZONING DISTRICT..................... A-C
FIELD 111' L=4329 p
7' S C.TM 1000-109-01-11
RAVT
N DRIVE SCHOOL DISTRICT.................... CUTCHOGUE
01 UTILITY POST OFFICE ........................... CUTCHOGUC - 11935
POLE
�
U) L=9 T �9y ^ FIRE DISTRICT.......................... CUTCHOGUE
C/) C M o �� tpR ) WATER DIS TRIC T....................... SUFFOLK COUNTY WATER AUTHOR/TY
CoQ55
< Oc
O o h 0 LOT 1 P PER CODE A-C)
O o Area : 179,271 SF O LOT 3 I
z n z R-1 POLE : 20,842 SF UTILITY ,%�' LOT AREA ................................ 80,000 SF
O L=109. o \ I N.
o
C z � LOT WIDTH ............................... 175' MI
0
o < UTILITY LOT DEPTH 250' MIN.
r< C 7 C RET. WALL POLE SLAB
> m r- n p FR. 6y FRONT YARD SETBACK ........... 60' MIN.
-U O 55.0' BARN
o Z" z K POTATO �P ;� SIDE YARD SE78ACK ............... 20' MIN.
'D BARN O TF1
BARN
o m 54.5' ��` B077-1 SIDE YARDS .................. 45'MIN.
a -' -< — R=135'
> R=105' L=110.41' REAR YARD SETBACK ............. 75' MIN.
o g� En G 00 —I � Q BARN DOVERLL L=85.87'
LIVABLE FLOOR AREA ............. 850 SF/OGS�ELLING
1® FRAUD = WOOD FR.
s PIG PEN TRAILER HOUSE LOT COVERAGE ....................... 209 MAX.
CONC. p
o®® � REL WALL
® fR!HOUSE ,,,y
174BUILD/NG HEIGHT.................... 35' MAX. 10/20/23 JS ADJUST ROW AND ADD NEW LOT SOUTH OF EX. HOUSE
'1
,OR8/2/23 is SHIFT CUL DE SAC & ROADWAY
VTM DF O NUMBER OF STORIES .............. 2 J MAX. 8125122 AS SHIFT WEST
RESERVE 158' WOOD N 'ry � LOT CLEAR/NG 7/29/22 AS SHIFT NORTH INE 20'
.7Dag SHED
'^� (30,000 SF-60,000 SF LOT) .. 509 MAX. g
0 0 —BAR Date y Revision
(SEE DETAL) 0 HEDGE `
g TM O rr ^ �j Designed by: Drafted by: Checked by:
OL � 80/60 CONSERVATION SUBDIVISION CALCULATIONS
D
RET LnrUoic .�a IN O \ �`�`'t
.W4L FR
W BARN .Y7L'LD CALCULA7I2N.•
0
0
PBARP �o ^ LOT 2
BARS
FT] ►'� �•^'' BUILDABLE LAND: 77.796 ACRESt5a rreTRT
..� 0 gaP� N I Area : 40,490 SF N o `�!
� f l BUILDABLE LAND YIELD: (77.796 AC X 43,560 FT)/80,000 SF LOTS = 42.36 LOTS [/1 l/1■■•
IG BARN �� } V�/■
/WOOD FR. `4I4A Ui7_IT
PSG PEN TRAILER NWSF. PoE > 609 REDUCED YIELD ON DEVELOPABLE AREA: 4236 LOTS X 409 = 16.94 LOTS /
,WOOD.E I = PIC) ROW AREA CALCULATIONS.• Weele, Pc
CC cC�� L___ N H'..
DPRAOEn O IEDGF „ -- 1 z D Area . 17,153 SF 809 MIN. OF BUILDABLE LAND TO BE PRESERVED: 77.796 ACRES X 809 = 622368 ACRES ���, - "��"�"//
' o� � (7 PROPOSED LAND TO BE PRESERVED. 65.070 ACRES (83.649) Engineers Surveyors Planners
135' 12.95± 209 MAX. OF BUILDABLE LAND AS DEVELOPABLE AREA: 77.796 ACRES X 2OX = 15.5592 ACRES 175A Commerce Drive Hauppauge, NY 11788
o D PROPOSED LAND AS DEVELOPABLE AREA. 12.726 ACRES (16.367.) T 31.4 5.
-I 6 35 1111 F 631 43 1022
-'$- UTILITY
UTILITY UTILITY 30 UTILITY UTIL TY .3Q;�--- •-�--._,.
www.66vpc.com
Y_= UTILITY FOLD POLE POLE POLE GENERAL NOTES
n n POLE POLE
2 UTILITY
1295± 18' FOLD 1. BOUNDARY AND SURVEY INFORMA77ON SHOWN REFERENCES A SURVEY PREPARED BY
pgTM PECON/C SURVEYORS, P.C., LAST DA 7E9 AUGUST 1, 2021. TOPOGRAPHIC /NFORMA77ON Tax Map No.: DIST. 1000 SECT. 109 BLK. 1 LOT 11
P� SHOWN /S FOR REFERENCE ONL Y AND /S NOT FROM FIELD MEASUREMENTS.
MAIN ROAD (N. Y. S ROUTE' 25� 2. THIS PLAN HAS BEEN PREPARED FOR A SPEC/FIC PURPOSE AND IS BASED ON THE
INFORMA77ON CONTAINED WITHIN THE REFERENCED SURVEY. FARMSWW
N ROAD (N. Y.S ROUTE' 25) of NE .�
� STOL2��-a . `/ 24085 MAIN ROAD
TT * z r * 80/60 CONSERVATION SUBDIVISION
.LVE A G7
�rr CUTCHOGUE,TOWN OF SOUTHOLD,SUFFOLK COUNTY, NY
GRAPHIC SCALE GRAPHIC SCALE
FEB 1 2024
200 a 100 200 400 800 100 o so 100 200 400 7 ����� 0
olaaa
5outhol wn TonFESSIONP° r/
Planning Board
( IN FEET ) ( IN FEET )
ALTERATION OF THIS DOCUMENT EXCEPT BY PLAN
1 inch = 200 ft. 1 inch = 100 ft. A LICENSED PROFESSIONAL ENGINEER IN
ACCORDANCE WITH SECTION 7209 OF NEW
YORK STATE EDUCATION LAW, IS ILLEGAL c@ 2022 BBV PC
Scale Project No. 5
V EW: MAY 26,S eet No.
2022 AS NOTED A220237 of
K:\Da22\A220237\DWG\A220237 SP.dwg,DIM,10/20/2023 9:37:20 AM,Barrett,Bonacd&Van Weele,P.C.,JS
OFFICE LOCATION: , r MAILING ADDRESS:
Town Hall Annex 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
d
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 5, 2024
Abigail Wickham, Esq.
WW Farms, LLC
P.O. Box 1424
Mattituck, NY 11952
Re: WW Farms, LLC ODA Conservation Subdivision
24085 Main Road, Cutchogue
SCTM#1000-109.-1-11 Zoning District: AC
Dear Ms. Wickham,
The Planning Board reviewed the Sketch Plan application and found it complete at their
March 25, 2024, Work Session. Following the meeting, a site inspection was also
conducted. The Planning Board is requesting the following be submitted to continue
their review.
1. A Topographical Survey of the parcel with proposed lots and building envelopes
overlayed.
If you have any questions, please do not hesitate to contact this office at 631-765-1938.
Respectfully,
\ �*T
Mark Terry, AI'CP
Assistant Town Planning Director
Southold Town Plannina Board Work Session --March 25 2024- Pa e 3
Proiect�Name: Apodiacos Standard Subdivision SCTM# _1000-35 5 3
„J ..._.._..� . ,.. ..._._.._ .._
Location: __--_-, _4260M in Road, Green Subdivision parcel
Descrip proposal is for a Standard
tion:
ree lots, where Lot 1 is 93 ac esand ontai s an ex st ng house into
2
is .95 acres and Lot 3 is 1.38 acres.
Status. Pendmgrt_ ...'
- ry_ ,,,.. .,._ . .. ....._...... ,...
t ,..__ _ . �Report �.. .... _....._ ... ..............
Action Prelimina Plat Completeness
Attachments: Staff Re ort
dard Subd
Location: _ SCTM# mm 1000_108 8-6 3, 6 4, 6.5 ,
_..... �._.... � _..__
i cation: 24 8G2462 Eli'ahs Lane,, �..w
ect Name: �..w._... __w...M.....,_�.. .....
Cutcho ue
Description: This standard subdivision proposes to subdivide a 28.9 acres parcel into
3 lots; where lot 1 is equal to 5.08 acres and includes a 2.00-acre
development area and 3.08 acres of open space and lot 2 is equal to
19.63 acres upon which development rights have been sold and lot 3
equals 4.17 acres and includes a 1.64 development area and 2.55 acres
o... pf � District.
__.. _..... _. .w .. f o ens ace the AC Zonin Dist ....u..... .....,...w...m.......
Status: µn M_ Pending
PreliminaStaff Re ort
� �-�
Attachments: Plat Completeness j
ct N Pr ie .ame Cross Standard Subdivision SCTM#-000 1m08 3 12 5
ct
Lo._ _ion
Description: This proposal is for the standard subdivision of a 5.80-acre parcel into
two lots in the R-80 Zoning District. Lot 1 is proposed to be 3.96 acres
and contain an existing single-family dwelling, and Lot 2 is proposed to
be 1.84 acres.
,Status_. ... ._,,_.. .,.New Applicationw.__ .........._ _.._. ,.._...
Action Completeness
Attachments: Staff
r ._.......,,., Re ort
.. -_ CT M..�. ._1w..0H�0�0-10 9... _
Farms 11Project Name: WWP veto _m_e..ntArea
Conservation Subdivision
....
Locat
De crliption: .... _-. ,. This 8 Main Road,
80/60 Conservation Subdivision Open Devel � ...___,,.,.ses
Cute o ue
opment Area proposes
to subdivide a 77-acre parcel, of which 65 acres have been preserved
through the sale of Development Rights to Suffolk County and Southold
Town. The 65-acre preserved lot will be attached to a 4.1-acre farm
operation reserve area. The remaining 8.63-acre development area will
be subdivided into 7 residential lots. The parcel is in the AC Zoning
District. �.w _. .........
Status New Application
Action Completeness
....� ..
Attachments Staff Report
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date March 25, 2024
Prepared By: Mark Terry, AICP
I. Application Information
Project Title: WW Farms LLC
Applicant: WW Farms LLC
Date of Submission: February 16, 2024
Tax Map Number: 1000-109-1-11
Project Location: 24085 Main Road
Hamlet: Cutchogue
Zoning District: AC
II. Description of Project
Type of Subdivision: 80/60 Conservation Subdivision Open Development Area
Acreage of Project Site: 77 acres
# of Lots Proposed: 8
III: Status
Pending
IV: Description of Project
This 80/60 Conservation Subdivision Open Development Area proposes to subdivide a 77-
acre parcel, of which 65 acres have been preserved through the sale of Development
Rights to Suffolk County and Southold Town. The 65-acre preserved lot will be attached to
a 4.1-acre farm operation reserve area. The remaining 8.63-acre development area will be
subdivided into 7 residential lots. The parcel is in the AC Zoning District.
V. Action to review
Application Completeness
VI: Analysis
❖ The WW Farms LLC Open Development Area ODA Application;
• 80/60 Conservation Subdivision Requirements:
0 80% Minimum amount of land must be preserved as Open Space (sale of
development rights)
0 20% Maximum amount of land that can be developed
0 60% reduction in density (60% reduction of number of lots)
• WW Farms 80/60 Conservation Subdivision Calculations:
Total Buildable Acreage: 77.796 acres
Southold Planning Department Staff Report
80% Minimum preserved: 6 .07 acres with development rights sold in
2023.
20% Proposed developmental area: 12.72 acres established by
development right sale.
60% Reduction in density: 16 lots are permitted
Proposed density: 8 lots
❖ Re uired/Submitted items for Sketch Plan Completeness:
.................__..........._._._._..........ww_._._._._....� ----------------......_�.._� ........—.......... - -..._.�www........_a..._.-.-._ w.w.
R ! red Submitted
Cover Letter Yes- includes reference to all materials
-Mww wwww q_ m m submitted with the Sketch Application.. -ry
Subdivision Application form- Sketch Yes- includes all required information.
A royal
I?�.................. _ __w _.._._.........................._. _._.._w . _._.._.. _._....................... _............_. .-._.-..._._�www.._.._.._............ . w
Authorization Letters Yes
wwwww ................................._._. www...... ........ ,_,_,._........ww_._._. ................_........
_ _. .
Property..Pee. s�_............µ .... Yes.w_.. ..........._. wwwww ._._._._.... w_._._.........................._.www.w_w _w_.........
Copies of Easements, C&Rs, and decisions Yes
from other agencies with conditions
restricting this property �__ w.w................_. ___.................................... .....
Part ,,,,,,,,.._w_.........._......._._m...www_..,
Part 1 of the Environmental Assessment Yes
Form New form
._.......... ._ww-_..wwww . w __ w_w............_.._.................... .......... _._, _......_......._ ....... ww_......
Application Fee _ mm www� Yes- the required amount $500
Lot Recognition A deed dated prior to June 30, 1983 has
been submitted that shows the lot as it
. appears toda
.. www.................................... - _..k...... ......w_w _. .... ...........1....... .............. _.
__ .w.ww._..........m __ ___.w................m_..w
Five (5) copies of the Existing Resource and NA
Site Analysis Planw(ERSAP
........................www_.._
Five (5) copies of the Primary and NA ..... _ ww...._._._._............_ _w.w_.__ ...�............
Secondary Conservation Area plan
ww ,._wwww w............._............__ www.................................,,,......wwww............... _ .
Fives copies of the Sketch Plan Yes
_._. ._.._...w......_..w_wwwwww_._._._....... w...---_........ w
Local Waterfront Revitalization Program Yes
LWRP ConsistencAssessment Form . ...... _........__w._. ,.. . ._.___... ww .......... _____............
Table showing buildable land area,
calculation for yield, affordable housing and
open space areas as applicable �M ..ww . w. ..... ,,,,._wwwwwwwww.ww...._................................ �,_w........wwwwww�..w....�
Yield Calculation Yes- Shown on the Sketch Plan
VII: Staff Recommendations
1. Find the application complete pursuant to §240-9.
2. Verify yield and site inspection.
3. Send out referrals to all applicable agencies.
2
WW Farms, LLC
13015 MAIN ROAD,P.O.BOX 1424
MATTITUCK,LONG ISLAND
NEW YORK 11952
631-298-8353
TELEFAX NO.631-298-8565
�°�'i4honl
February 15, 2024
Att: Mark Terry S Q b-F
Town of Southold Planning BoardB
53095 Main Road, Post Office Box 1179 P -� � 1
Southold, New York 11971 RECEIVED
Re: Property owned by WW Farms, LLC 6"'""2024
... .
Premises: 24085 Main Road,Mattituck, NY 11952
SCTM# 1000-109-1-11
lanning B aVrd
Dear Mark:
Enclosed are the following with respect to the Open Development Application we
discussed recently at the pre-submission conference. We enclose the following papers and
documents:
1. Subdivision Application Form for ODA.
2. Copy of Deed for entire farm parcel into WW Farms, LLC.
3. Copy of Easement for Development Rights conveying the development rights to 65
acres to the Town of Southold, and C&R regarding separation of Reserve Area.
4. Part 1 of Long Form Environmental Assessment Form
5. Check for the application fee in the amount of$500.00 payable to Town of Southold.
6. Six(6)prints of the survey of the entire farm, and six prints of the proposed
Development Area sketch by Barrett, Bonacci and Van Weele dated
7. LWRP
8. A copy of the Deed reciting the Right of Way over the Reserve Area, 16.5 feet wide
from Main Road along the east side of the Wickham Homestead, Inc. parcel (tax lot 10) for
the use of that parcel.
9. Disclosure affidavit.
Please call me if I am missing anything, or if there are questions on the LFEA or other
papers. Also, please let me know when you would like to schedule a site visit. I would
suggest that we do so this winter before it warms up, as most of the ODA area is wooded
with a fair amount of underbrush growth which will resume a growth spurt in early Spring.
Please advise if there is anything further you would like to see at this time.
Very t1"1..1 y yours,
AAW/dm Alai' A. Wickham
encUWWFarms ODA Manager
R ECEI-V,Ell"
SOUTHOLD
FEB 16) 2024
PLANNING
DEPARTMENT
Planning Board
Subdivision Application Form - Sketch Approval
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for
SKETCH APPROVAL for the subdivision described herein.
1. Name of Subdivision z-z-c
2. Suffolk County Tax Map #
3. Type of Subdivision Standard Conservation [0' OZ)A
4. Hamlet 04,
/X1V
5. Street Address/
200
Project Location
I Z, 7S,
6. Acreage of Site ........
,P) I .,I 141� -- - d
1,4,
,4v, �,A &
7. Proposed Yield
8. Number of Lots Proposed
9. Zoning District —AC
10, Date of Submission ZLI
11, Please provide the names, addresses and phone numbers for the following
people:
Applicant:
Agent:
Sketch Plan Application Form
Property Owner(s): C�;a n-7-e—
Surveyor:
7".
Engineer: VW— &,,J e` ,:C
U
�5-4
A ttorney: 'A �bcz,, CZ23,,b6 vpr-,- C�9m
12. Has an application for subdivision ever been filed for this property? If so, please
indicate when and whether or not approval was granted by the Planning Board.
13. Has a pre-submission cont`,reface been held with the Planning Board? If so, provide
date.
14. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot
,Recognition? Yes No If"yes",, explain how.
e,
15. Has the owner/applicant met with Land Preservation? If so,_provide
date.
mear.�o_.
16. Is any part of the property in agricultural use, If so, how many acres?
17. Is there an existing or proposed sale of development rights on the property?
18. Does the own r own any adjacent properties? If so, please indicate the properties by
SCTM#.
19. Are there any building permits currently pending on this property? If yes, please
provide permit number(s). ./(110
2
20. The site will be serviced by the following special districts or utility companies:
Fire Distract
Post Office f
School District °lcvzl ..�m.
Water
21. Has the relevant Electric Utility Company been notified of the proposed subdivision?
If so, please provide proof that.servaee ill be
provided.— A
,
22. P� d h tlbe managed?
�S ate the type of open space proposed and
kl-
23. Are there any existing structures on the property? If so, please indicate the type of
removed or�l to ct"��
and its u (s). WilLthese structures rem
structs n
24. Based on the parcel yield and the affordable housing requirement of the Town Code,
how many Moderate Income Family Dwelling Units are proposed? If the number that
will be built is less than 20% of the yield, please indicate how you intend on satisfying
the requirement (see Town Code §240-10 B (2)(c) for options).
). .,.
25. Application completed by [i]-e*ner [ ] agent [ ] other
Signature of Prepay at, - _ Date
3
Southold Planning-De arta eot
Applicant
Transactional Disclosure Form
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers
and employees. The purpose of this form is to provide information which can alert the town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
Your Name:
Last,First,middle initial
unless you are applying in the name of someone else or other entity, such as a company. if so,
indicate the other person's or company's name.
Nature of Application: (Check all that apply)
Subdivision or pe-subdivision Site Man
Other(Please name gather activity) -l✓ eL7A
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 you answered"Yes"complete the balance of this form and date and sign where indicated.
Name of the person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant)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 souse,sibling,parent or child is(check all that apply):
A.the owner of greater than 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 noncorporate 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 1-2 dayofyW/ 202
Signature 5 ltt
Print Name
Disclosure Form
SU-bard N.Y,B.T.U.Farm M—EcxWnh Deed—UniMm Admowi dgment ryly;,,,4—
CONSULT YOUR LAWYER BEFORE SIdNINd THIS INS}TRUMENT•THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
�
THIS INDENTURE,made the ? NS
day of 13
BETWEEN
ABIGAIL A.WICKHAM as Executor of the Estate of William Wickham,who died B resident of
Suffolk County on July 17,2002 and whose will was admitted to probate by the Suffolk County
Surrogate's Court under file#1630P2002,with an address of 13015 Main Road,P.O.Box 1424,
Mattltuck,New York 11952,party of the first part,and
WW FARMS,LLC,a New York limited liability company with offices at 13015 Main Road,P.O.Box
1424,Mattitudc,New York 11952,party of the second part_
WITNESSETH,that the party of trio&d Dart to consideration of TEN AND 0011
Onaaws,„and other good and vatuable consideration sold by Che party of the second part,does hereby grant
and aeeksass punto the party of the second part,it*halt&or sumasum 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 at Cutchogue,Town of Southold,County of Suffolk and State of New York,
being more fully described in SCHEDULE"A"Attached hereto and made a part hereof.
TOGETHER with ail right.bila&std Inlemast"if any,of iiia party of the first part In and W any streets am,roads
akin Che above directed pramds th ifts MOW fine%thereof„TOCdE"niER w6th the apponertrinces and an
Ine astete and ngies of&from party of thir Ptrst part in and to saW prarruisas;TO ROWS AND TO HOLD Che
pre ss earotru grantod unto the panty of the saeond part,ft hairs or mWASSots and assigns of Ore party of
the second part forever.
AND Rha party of dm first pan coveriants that the patty of the Ong pad has not done or suffered anything
w horelcy the said prern ses have been encumbered In any way never,except as slerassld,
ANO the Wry Of the 4114:Pad,In 00010 amf w hh S9cO0ft 13 of ft Usti Law,orwerishill that the pmt Of the
crit part wet m tna constderation°Por duan roveyaruoe and war paid the 69 Na aer,'aive SUah consideration
as a knrst fund to be applied frit for the purpose of paying the Cost of terve irripraoverrnent and w11I appty tha same
d'us'k to the psyment of doe cost of the improvement Before,ung any part of dm tow Of Chs "for ahoy othef
purpose,The word"poesy"shads be Construed as it it read'paftios"omit ewer the sense of WS kidenture so
requires.
IN WITNESS WHEREOF,the party of the first part has duty executed fibs dared the day and year fust above
written.
IN PRESENCE OF:
AbV A,'»!ytdkfram,Executor
rromwwfcxnem roraarsLwrr
b ( RECORDED
Number of pages +" 2014 Jan 23 10:36:28 M1
JUDITH A, PASCRLE
CLERK OF
This document will be public SUFFOLK L1AlHTY
record.Please remove all L 000012761
052
Social Security Numbers P
DTtI 13-16-16
768
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
FEES
"...."
MWtgage Amt .,�...,. ...
Page/Fling Fee —.,„..,_.,,,...._,„— 1.Basic Tax
Handling 20. 00 2.Additional Tax
TP-564 Sub Total ......w..._......w_..................
SpecJAssit
Notation or
EA-5217(County) Sub Total Spec./Add. w_w
TOT,MTG.TAX
EA-5217(State)
Dual Town_Dual County
R.P.T.5A. Held for Appointment
Comm,of Ed. S. 00 Transfer Tax
e Mansion Tax
Af14 h
The property covered by this mortgage is
Certified Copy ,,,_,,,,,,,,,,,, or w01 be improved by a one or two
NYS Surcharge family dwelling only.
' Sub Total YES or NO
Other „.,...,...--.»..�. ... Grand TotalIf NO,see appropriate Tax clause on
_
pageM ofthls Instrument.
4 Dist. I 5 Community Preservation Fund
14000924 >000 iogoo oioo oli000 Conelderatien Amount$
Real Property
Tax Service A Iuu ll BI CPF Tax DueAgency
EDH10
.NA.,
Verification ^ Icnprovrrw»dd,_._,Y„,,,,.,,„
6 satAsrankrns%DRseh%agesdReleasesList propatrryOwnatxMa10ngAdd/ess Vacant Land
RPCORD&RE” RN CO,
TO
Mall to:Judith A.Pascale,Suffolk County Clerk 7 Title(;cstnpatt [nfermation
310 Center Ddve, Riverhead, NY 11901 Co.Name
www.su(fbike6untyny.gov/dark T1dm s
w:..
6 Suffolk t,neeordln & Endorsement Po _
This page forms pan of the attached Ex40Ut0T'4 DaedDxd_ - made
by; (SPECIFY TYPE OF INSTRUMENT)
r t1 � ,e g1 The premises herein is situated in
W6'Inam W ickhem SUFFOLK COUNTY,NEW YORK.
TO In the TOWN ofp}1
WW Farm.LLC In the VILLAGE
or HAMLET of,&W910211—,
BOXES 6 THRU 9 MUSTBETYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILWG.
over
State of New York,County of Suffolk ss: State of New Yolk,County of Suffolk ss:
On the 40 day of December,in the year 2013, on the `lay or ,In the yakati 200
before me,the undersigned,personally appeared before mo,the undersigned,persona0y mated
ABIGAIL A,WICKHAM pefean t to me 0 proved In me on the basis of
poraonaey to ora oa&wm ed'ua aaaa on acs b#14 of aaaNmfaad ar av w I*be,sae A&Aduaal(a)Veto"cvaur tO Is
awbaf—y�,owa alk tre oar o«dwwha�sy w.mwusa a,�M ss ae)ipotsscnbed W etlMb'at vAhIn bUIN0. roawaactged we
(ata)as ao lk ue site w4 vetdumoeaa Baur kmdgdd Ra me Wet hedsh�p executed mzn Yn SamerroW,
me dead wyaAafi coy aaacnrtdd goes canto k1 dkahordtheeapeady)Iaa), and fhad by AS&CAmn' st"atwo(s) on the
eayw kQ3'aMsp. ad7d7 kkaae by ¢uB pPot+1I'relor 'd411da } Cm mae dngvv m,%#I" du SL or G ismo upon half of vmkdW
Bsuakw�musant,doe ewddvb9erabf;ey,ar kMra dm'da +udao baM«ao of wtdrda the tndrvidual(sI acted,eieCUted the Instrument
the irdivklual(s)acted,es�od hnsgrum
dadgr advro acrd ofb of in"
aekhu"ctsnowfla d ecoy
(aa0nAwe and odksaa of I ndhAduad dmkr azhr+o *d9mad+v,
Ndtady Public
>kfcmaya samaun
Nozy f"uP*st ila g ffowNbi t
tae.3/4970911
avad9 td Io 9affaik Mary
Coat m aal0fa Esdseea FeWaknd a,304
State(or District or Columbia,Territory,or Foreign Country)of sr,
On the day al In ft year before me,the undersigned,personally appeared
peost,Wly knmn to mar w fnoeed to me on ft Wait of"'Ofte dwy#vWeoo ao be gee a fermReoW(s)wwa*M nam0k) as('are)
aaoo^osartbdd ddt d1a wbhkdu tnatuumaug wd oakhow(o4ged ori ma triad faadaka mWy eeecwnded ow so rno kr hl Avothekr eadtaut:0406),and
that bIr hwherAtrov sfgarahat(s)on the kn uunwdna,i"IrdPmr6duagsi,or Bite"is"upon behnu of wbGs:ds the'indirvidual(s)acted,
oeeaaned the dnotrumend,and that sander htdh4dU3f made audit appoaxanca bran(*brae undata ned in me
in
(huaan dao 5,y ou oter pone=pwhdi Rtmr[d d m"a tnar:',aaah at G"a uy em coo I VIMP oft ouknumesdgwrogot woo°ate
grid nth.of individual taking nn
SECTION 109
EXECUTORS DEED BLOCK I
LOT 11
COUNTY OR TOWN Southold
Title No. STREET ADDRESS
Abigjil A WickhArA, CvacExeoutOr 01 the Esdatrte of
William Wickham,deceased
TO Recouded at Request of
WW Farms,LLC COMMONWEALTH LAND TITLE INSURANCE COMPANY
trN OAAA0ffi4"daRad9saewydswbaanartm tae' ata Wickham,Bcessfed a Geasa,P'.C,
P.O.Box 1424
Drsmbwad by Me6luck,New York 11952
Commonwealth
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CoM wr Lnl lwrra Tm.e 1"VemlE COMP,WY
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SCTM#1000-109.00-01.00-011.000
ALL that certain plot,piece or parcel of land,with the buildings and improvements
(hereon ereaeed„sittaatc,lying and being at Cutchogue,County of Suffolk and State of
New York,being bounded and described ae foilow»rs;
Beginning at a point on the northerly side of Mein Road,Route 25 at the southwesterly
comer of land now or formerly of Peconic Land Trust,Incorporated. From esid point of
beginning,running along said land the following six courses and distances:
(1) North 29 degrees 38'40"West 706.57 feet;thence
(2) North 30 degrees 46'10"West 539.17 feet;thence
(3) North 30 degrees 33'40"West 582.32 feet; thence
(4) North 30 degrees 21'50"West 1,729.11 feet;thence
(5)North 31 degrees 07 feet;10"West 931.42 feet;thence
(6)North 31 degrees 56'40"West 366.36 feet to the southerly line of Long Island
Railroad;
kenning thence along said lands South 59 degrees 54'30"West 639,92 feet to land now
or formerly of Carnation Properties,Inc.;
Running thence along said lands the following six(6)courses and distances:
(1)South 29 degrees 12'50"West 2,038.78 feet; thence
(2)South 28 degrees 22'10"East 536.74 feet;thence
(3) South 29 degrees 50'20"East 417.35 feet;thence
(4) South 28 degrees 3T 00"East 661,56 feet;thence
(5) South 29 degrees 03 110"East 884.61 feet;thence
(6) South 28 degrees 06'50"East 290.75 feet to a monument at the northerly side of
Main Road,Route 25;
Running thence along the northerly side of Main Road,Route 25 the following Iwo(2)
courses and distances:
(1)North 58 degrees 23'10"East 242.47 feet;thence
(2) North 62 degrees 10'10"East 233.70 feet to land now or formerly of Wickham
Homestead,Ino.;
Running thence along land of Wickham Homestead,Inc.the following three(3)courses
and distances:
(1)North 24 degrees 48'00"West 300 feet to a monument; thence
(2)North 60 degrees 21'20"East 174.09'font to it monument; thence
(3) South 29 degrees 38'40"East 313.48 feet to the northerly side of Main Road,Route
25.
Running thence along the northerly side of Main Road,Route 25,North 65 degrees 12'
00"East 100 feet to the point or place of beginning.
Subject to a right ofway B6.5 feet in width and 300 fret;in lengthalong the wwnesgordy line
of the Wickham Homestead,I:m.property referenced above for acoess between said
Wickham Homestead,Inc,moperty and tile,Mauro'Road NW for the instahation and
maintenance of utility lines and mains.
WWFarm So urhd escripr i o n
El 12
RECORDED
Number of pages 2023 Feb 21 04:25:43 P11
Vincent Puleo
CLERK OF
This document will be public 'SUFFOLK COUNTY
record.Please remove all L D00013190
P 232
Social Security Numbers DT# 18523
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt.
Page/Filing Fee 1.Basic Tax
Handling 20, 00 2, Additional Tax
TP-584 = Sub Total
Spec./Asslt.
Notation _ �__ or
EA-5217(County) „_ Sub Total Spec./Add.
TOT.MTG.TAX
EA-5217(State) r� Dual Town Dual County
R,P.T.S.A. _GTA/_ Held for A polntme t
Comm.of Ed. _ 5. 00 Gcov��
Transfer Tax
Mansion Tax
Affidavit
The property covered by this mortgage Is
��rt ffied Copy or will be improved by a one or two
""'" "� family dwelling only,
NYS Surcharge 1S, Q0 Sub Total��? YES or NO
Other �
_ Ji y 'a5 If NO, see appropriate tax clause on
Grand Total-_: ! page# ' of this instrumer t.
4 Dlst. SectionQ Block Lot ( � S Community Preservatlon Fund
Real Property eProp'r
22
Consideration Amount Z1
Tax Service �?j 7i/
Agency CPF Tax Due $
Vedficatlon improved.
S:rtIsfactIons/Discharges/80eases Owners Ma"Ing Address
6 RECORD.&RETURN TO: Vacant Land
,LAt, S arty"oma £^: TO
r /3 1C7 `1
�tIV 1'V 1l `7) TDA
Mail to: t 7 F Title COMD any Information
11901 Co.Name
Title#
8 Suffolk Counndorsement Page
This page forms part of the attached �r ' T N — 2,,.ryjT- made
by:
(SP5CIFYT(PE OF INSRUlv9ET➢
(,J Eynre.'Sa L The premises herein Is situated In
SUFFOLK COUNTY,NEW YORk.
TO _ In the TOWN of
�GvN o0�47.�.� In the VILLAGE
or HAMLET of -- --
BOXES 6 THRU 8 MUST BE TYPED OF PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
^ a x
• f
IMPORTANT OTIC
If the document you've Just recorded Is your ISI=ACTIi N CSF MO .w please be aware of
the following:
If a portlon of your monthly mortgage payment Included your property taxes,,*YOV Wow need tQ-.
contact your local Town Tax Recelver so thatou ma be billed dIrectl for all future roe to c
statemen fs._w
Local'property taxes are payable twice a year: on or before January 10m and on or before May 31n.
Fallure to make-payments In a timely fashion could result In a penaity.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of-Taxes • Riverhead Town Receiver of Taxes
200 East Sunrise Highway• 200 Howell Avenue
North Llndenhurst,N.Y. 11757 Riverhead,N.Y. 11901
(631)957-3004 • (631)727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farrriingvllle,N.Y.11738 Shelter Island,N.Y. 11964
(631)451-9009 (631)749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
99 West Main Street
300 Pantlgo Place •
East Hampton,N.Y. 11937 Smithtown,N.Y. 11787
(631)324-2770' (631)360-7610
Huntington Town Receiver.of Taxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
Huntington, et 11743 Southampton,N.Y. 11968
(631)351=3217 (631)283-6514
Islip Town Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip,N.Y.,11751 Southold,N.Y. 11971
(631)224.5580 (631)'765-1803
Sincerely,
dw
2/99
12m04.0610dkd
GRANT Q EVE LOPM ENT RIGHT EA EMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
December 16, 2022 at Southold, New York. The parties are WW FARMS, LLC;
a New York limited liability company with offices at 13015 Main Road, P.O.
Box 1424, Mattituck, New York 11952 (herein called "Grantor"), and the
TOWN OF SOUTHOLD, a municipal corporation, having Its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein
called "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM #1000-109-1-11, more fully described in SCHEDULE "A" attached
hereto and made a part hereof and hereinafter referred to as the "Property"
and shown on the survey prepared by Peconic Surveyors, last dated
December 12, 2022; and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently primarily used for agriculture; and
WHEREAS, it is the policy of the Town of Southold (the "Town"), as
articulated in the Town's Master Plan dated February 2020, as adopted by
the Town Board, Town of Southold, and §272-a of the New York State Town
Law ("Town Law") to protect environmentally sensitive areas, preserve
prime agricultural soils, to protect the scenic, open space character of the
Town and to protect the Town's resort and agricultural economy; and
WHEREAS, the Property in its present condition has substantial and
significant value as an agricultural resource since it has not been subject to
any substantial development; and
l
x r
1 N
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and.Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property.as an agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of FOUR MILLION ONE HUNDRED
SEVENTY-SEVEN THOUSAND SIX HUNDRED EIGHTY-NINE DOLLARS AND
21/100 ($4,177,689.21) DOLLARS, and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant, transfer, bargain, sell and
convey to the Grantee a Development Rights Easement, which shall be
binding upon and shall restrict the premises shown and designated as the
Property herein, more particularly bounded and described on Schedule "A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee title to the property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
. 1 G nt r`s r a Mty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens, except as set forth in Fidelity National Title Insurance Co. Title Report
#7404-010953, and possesses the right to grant this easement.
2
D.02 Gra tee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under §54 of Town Law and §247 of the
New York State General Municipal Law ("General Municipal Law") to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Pulse
The parties recognize the value of the Property resulting from its
agricultural use and further recognize the common purpose of preserving
this value by limiting the uses of the Property. This instrument is intended
to convey a Development Rights Easement on the Property by Grantor to
Grantee, exclusively for the purpose of preserving its character in perpetuity
for its agricultural values, by preventing the use or development of the
Property for any purpose or in any manner contrary to the provisions hereof,
in furtherance of federal, New York State and local conservation policies.
0.04 Governmental Reco niti rt
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law §247.
Similar recognition by the federal government includes §170(h) of the
Internal Revenue Code ("IRC') and other federal statutes.
B s line D c meat ti n
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's agricultural and other resources and
to otherwise aid in identifying and documenting such values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and activities
on the Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, an inventory of the Property's relevant
features and conditions (the "Baseline Documentation"). This Baseline
Documentation includes, but need not be limited to, a survey prepared by
Peconic Surveyors, last dated December 12, 2022 and a Phase 1
3
6 w
Environmental Site Assessment dated April 27, 2021 by Nelson, Pope and
Voorhis.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's
uses of the Property or its physical condition .as of the date hereof, the
parties shall not be foreclosed from utilizing any other relevant or material
documents, surveys, reports,, photographs or other evidence to assist in the
resolution of the controversy.
0. 6 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
JUE E.,ASEL4ENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
] .02 Definite
"Development Rights" shall mean the permanent legal interest and
right to restrict the use of the Property to uses or purposes consistent with
the terms of this Easement, including agricultural production as that term is
presently referenced in §247 of the General Municipal Law and defined in
Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or
"Code") now, or as they may be amended, and including the production of
crops, livestock and livestock products as defined in §301(2) of the New
York State Agriculture and Markets Law ("Agriculture and Markets Law"),
now, or as said §301(2) may be amended ("Laws"). No future restrictions in
said laws or limitations in the definitions set forth in said laws shall preclude
a use that is permitted under the current law as of the date of this
Easement.
4
1 r k Y
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Lawn" shall mean an area of land on which grasses or other durable
plants are grown and maintained at a short height and principally used for
aesthetic or other purposes. Land that is in agricultural production,
including sod farming, or land in a fallow or otherwise idled manner, is not
"Lawn."
"Riding Academy" shall mean a business use of a lot for any of the
following purposes: the letting of horses for hire to individuals or groups
whether supervised or unsupervised, horseback riding instruction or the
holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or under
the ground or upon another structure or building, including walkways.
Structures shall not include trellis, posts and wiring, farm irrigation systems,
nursery mats, temporary animal shelters or fencing necessary for
agricultural operations or to mark the boundaries of the Property, including
without limitation fencing to keep out predator animals, including deer.
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code.
I.Q3 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities and provides Grantee with the
right to administer, manage and enforce the Easement as provided herein.
The word "Grantor" when used herein shall include all of those persons or
entities. Any rights, obligations, and interests herein granted to Grantor
and/or Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor and/or
Grantee" when used herein shall include all of those persons or entities.
ARTICLE TWO
SALE
5
GRANTOR, for the sum of FOUR MILLION ONE HUNDRED SEVENTY-
SEVEN THOUSAND SIX HUNDRED EIGHTY-NINE AND 21/100
($4,177,689.21)DOLLARS and other good and valuable consideration,
hereby'grants, releases, and conveys to Grantee this Easement, in
perpetuity, together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIP►ITED A T
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
).01 StrU!�tgreg
No structures may be erected or constructed on the Property except as
after review-by the Southold Town Land Preservation Committee ("Land
Preservation Committee") for consistency with the Purpose and other terms
of this Easement, and as permitted under other applicable provisions of the
Town Code and Sections 1.02 and 4.06 of this Easement.
3.02 Excavation grid, Removal of Materials; Mining
Y
The excavating, regrading, scraping or filling of the Property shall be
prohibited, without the prior written consent of Grantee, including but not
limited to review by the Land Preservation Committee.
Mineral exploitation, and extraction of any mineral, including but not
limited to soil, gravel, sand and hydrocarbons, by any method, surface or
subsurface, is prohibited.
The removal of topsoil, sand, or other materials from the Property is
prohibited, nor shall the topography of the Property be changed, except in
connection with normal agricultural/horticultural activities, all of which shall
require the prior written consent of Grantee, including but not limited to
from the Land Preservation Committee.
3.Q3Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the
Real Property Law, as they may be amended, or any.other-applicable State
or local law. `Subdivision" shall include the division of the portion of the
6
Property from which the development rights are acquired into two or more
parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, modify or alter lot
lines between the Property and adjacent parcels, or subdivide the Property,
provided that all resulting parcels contain at least 10 acres of preserved
agricultural land subject to a development rights easement or other
conservation instrument.
Notwithstanding this Section 3.03, upon the death of Grantor or its
Members, the underlying fee interest may be divided by conveyance of parts
thereof to Grantor's executor, trustee, heirs or next of kin by will or
operation of law.
3.04 aum in
The dumping or accumulation of unsightly or offensive materials,
including but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices on the
Property, including fertilization, composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Util mss,
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to §4.06 shall be prohibited without
the prior written consent of the Grantee. Underground utilities must, to the
extent possible, be constructed within 30 feet of the centerline of any roads
or driveways, and may be used to service the permitted structures on the
Property, and on adjacent properties subject to a development rights
7
Y Y tl e
easement or other conservation instrument. Existing underground irrigation
systems may be repaired or replaced without the consent of or review by the
Grantee.
3.07 prohibited Uses
Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial
uses, permanent or temporary, including but not limited to a riding
academy, shall be prohibited. For the purposes of this section, agricultural
production, as that term is presently referenced In §247 of the General
Municipal Law and defined in Chapter 70 of the Town Code, now, or as they
may be amended, and including the production of crops, livestock and
livestock products as defined in §301(2) of the Agriculture and Markets Law,
now or as said §301(2) may be amended, shall not be considered a
commercial use.
Uses, improvements and activities permitted by .the Town Code now or
in the future on agricultural lands protected by a development rights
easement or other instrument, including but not limited to farmstands, shall
not be considered a commercial use. No improvements, uses or activities
inconsistent with current or future agricultural production shall be permitted
on the Property. Under no circumstances shall athletic fields, golf courses or
ranges, commercial airstrips and helicopter pads, motocross biking, or any
other improvements or activity inconsistent with current or future
agricultural production be permitted on the Property.
Grantor shall not establish or maintain a Lawn on the Property.
Hunting is permitted on the Property provided it does not interfere
with agricultural production and is conducted in accordance with agricultural
management practices.
2.08 Soil and water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the
Natural Resources Conservation Service ("NRCS").
3.09 Crgina e
8
s P
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property or
onto adjoining properties.
3.10 Lot Yield E tore Develo meat
Except as provided herein, the use of the acreage of this Property for
purposes of calculating lot yield on any other Property shall be prohibited.
Grantor hereby relinquishes to Grantee all existing rights to develop the
Property (and any such further rights that may be created through a
rezoning of the Property) except for the right to construct, maintain, alter
and replace any pre-existing structures, and to construct new structures, as
such rights may be provided in Section 4.06 or elsewhere in this Easement,
and the parties agree that any other such rights shall be terminated and
extinguished and may not be used or transferred to any other parcels.
Notwithstanding the above, Grantor and Grantee acknowledge that
Grantor may request approval of a Conservation Subdivision of the Property
and the adjoining land of the Grantor which has been reserved from this
development rights sale as shown on the survey referenced above ("Reserve
Area"). The Grantor may apply to the Planning Board'/Town Board for
establishment of an open development area ("ODA") in accordance with
Town Code Chapter 240 (Subdivision of Land), Article VIII, Open
Development Area).
The Conservation Subdivision and ODA requirements for a minimum
75% preservation and minimum 75% density reduction as specified in, but
not limited to Town Code Sections 240-3 (Conservation Subdivision
Definition), 240-1OB (Yield Plan) (3) (Conservation Subdivision) and 240-27
(Article VIII), Open Development Area, General Requirements, may be met
by including the Property encumbered by this Easement as buildable lands
for purposes of meeting the preservation requirement and for calculating
yield allowed within the Reserve Area, provided that the request for the
Conservation subdivision/ODA is made within two (2) years from the date of
this Easement.
If, within two years from the date hereof, such an application has not
been made, or if such application shalll be deemed abandoned due to lack of
activity or failure to provide information reasonably required by the Town,
then the right to use the Property to satisfy the 75% preservation
requirement or for lot yield shall terminate.
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« x 1 u
ARTICLE FOUR
Ri HT
4,01 wn!grsh_
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.QZ gs$ession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement, as well as
applicable local, State, or federal' law. Grantor shall have the right to use
the Property for uses, improvements and activities permitted by the Town
Code, now or in the future, on agricultural lands protected by a development
rights easement or other instrument, including, but not limited to
farmstands and for educational or training programs related to agricultural
production or activities.
Grantor shall also have the right to use the Property for traditional
private recreational uses, provided such recreational uses are conducted for
the personal enjoyment of Grantor, are compatible with farming, and are
otherwise consistent with and do not derogate from or defeat the Purpose of
this Easement or other applicable law. These uses shall not be offered or
provided for commercial purposes, including the commercial gain of Grantor
or others. Hunting to remove predators which harm agriculture production
shall not be deemed a recreational use or a -use for commercial purposes.
4,04 Lan sca in Act°vities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property as
evidenced by the documentation set forth in Section 0.05. Grantor shall
have the right to remove or restore trees, shrubs, or other vegetation when
deemed to be invasive, dead, diseased, decayed or damaged or interfering
with agricultural production or other permitted uses of the Property,
10
including activities permitted in Section 4.06, to thin and prune trees to
maintain or improve the appearance of the Property or to benefit permitted
structures and Improvements, and to mow the property. Notwithstanding
the above, Grantor is prohibited from establishing or maintaining a Lawn on
the Property, as set forth in 3.07.
4.Q5 Ag,ricultgral ProdLiction and Activities
Grantor shall have the right to engage in all types of agricultural.
production as the term is presently referenced in §247 of the General
Municipal Law and defined in Chapter 70 of the Town Code, now, or as they
may be amended, and including the production of crops, livestock and
livestock products as defined in §301(2) of the Agriculture and Markets Law,
now, or as said §301(2) may be amended. No future restriction in said laws
or limitations in the definitions set forth in said laws shall preclude a use that
is permitted under the current law as of.the date of this Easement.
Grantor may offer "U-Pick" operations and/or the use of a corn maze
to the general public, provided that such activities are conducted in
conjunction with seasonal harvests, do not interfere with agricultural
production and are otherwise consistent with and do not derogate from or
defeat the Purpose of this Easement or other applicable laws.
Notwithstanding the definition of agricultural production in Chapter 70
of the Town Code or any successor chapter, structures shall be prohibited
except as set forth in Section 4.06 herein and as permitted by the Town
Code now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands.
4. ructurg
A. Allowable Improvements. Grantor shall have the right to erect,
alter and maintain the following-improvements on the Property, as may be
permitted by the Town Code and subject to review by the Town of Southold
Land Preservation Committee, provided the improvements are consistent
with and do not derogate from or defeat the Purpose of this Easement or
other applicable laws:
(i) Underground facilities used to supply utilities solely for
the use and enjoyment of the Property, or on adjoining
lands,subject to a development rights easement or
other conservation instrument;
11
(ii) New construction, including drainage
improvement structures, provided such structures are
related to or accessory to agricultural production;
(iii) Renovation, maintenance, alteration, expansion and
repairs of any existing structures or structures built or
permitted pursuant to this Section 4.06, provided the
primary purpose of the structure remains agricultural;
(iv) Additional types of structures, improvements or uses
consistent with the purposes of this Easement which
arise from future developments in agricultural
production or scientific, mechanical or technological
advances in agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, and otherwise be consistent with
the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements or improvements built or permitted pursuant to this Section
4.06 impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted in kind and within the
same general location, subject to the review and written approval of
Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and
shall file all necessary applications and obtain all necessary approvals that
may be required by this Easement or by the Town Code, and shall provide
documentation as may be required for such,applications.
12
a 4.0.E Alien; ill y
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property, but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such Instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
4.0_Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the Property. Any
such further restrictions shall be consistent with and in furtherance of the
general intent and purpose of this Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANIOR'S OBLIGATI
5.01 Taxes nd As ess encs
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments,
subject, however, to Grantor's right to grieve or contest such assessment.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 In emnific i n
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of Its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, arising from Injury due to the physical
maintenance or condition of the Property caused by Grantor's actions or
inactions, provided same arises when Grantee or its agents are lawfully on
13
o
the Property, or from any taxes, levies or assessments upon it or resulting
from this Easement, all of which shall be considered Grantor's obligations.
5.03 Third Party Cialms
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee
or any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, resulting: (a) from injury to persons or
damages to property arising from any activity on the Property; and (b) from
actions or claims of any nature by third parties arising out of the entering
into or exercise of rights under this Easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors, or those matters arising when such
persons are not lawfully on the property. Grantor as used in Section 5.02
and 5.03 shall refer only to the owner of the Premises at the time the injury,
damage, action or claim arose.
ARTICLE SIX
GRANTEE'S R GHTS
6,Q1 Ent[y gnd Ins ec " n
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 6.02 and
6.03, or to permit access upon the Property by the public.
Notwithstanding the above, Grantee's use of drones shall be limited to
purposes of Enforcement of this Easement and to inspection under this
Easement when traditional means are not available, and shall occur only
with prior notice to Grantor and consent for same, which consent shall not
be unreasonably withheld.
6.02 Re toraA Ion
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, Including, without
14
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
6.Q3 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not as a limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within thirty (30) days'
notice thereof by Grantee or such longer period as is reasonable during
which time Grantor is curing or attempting to cure such breach, default or
violation, taking into account extreme weather conditions or catastrophic
events (which such time period for notice is expressly waived by Grantor
with respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and protect any
of the agricultural values or otherwise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and expense
and at Grantee's election, taking into account extreme weather conditions or
other emergency conditions or other emergency or catastrophic events:
(1) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To enforce any term provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee reasonably deems necessary or
desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided,
however, that any failure, delay or election to so act by Grantee
shall not be deemed to be a waiver or a forfeiture of any right or
available remedy on Grantee's part with respect to such breach,
default, or violation or with respect to any other breach, default
or violation of any term, condition, covenant or obligation under
this Easement.
15
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section, as approved by the Court.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such-restoration cannot reasonably be accomplished
within thirty (30) days.
6.04 Nates
All notices required by this Easement must be written. Notices shall be
delivered by hand or by certified mail, return receipt requested, with
sufficient prepaid postage affixed and with return receipts requested, or by
nationally recognized overnight courier (USPS, Federal Express, etc.).
Mailed notice to Grantor shall be addressed to Grantor's address as recited
herein, or to such other address as Grantor may designate by notice in
accordance with this Section 6.04. Mailed notice to Grantee shall be
addressed to its principal office recited herein, marked to the attention of the
Supervisor and the Town Attorney, or to such other address as Grantee may
designate by notice in accordance with this Section 6.04. Notice shall be
deemed given and received as of the date of its manual delivery or three
business days after the date of its mailing.
A copy shall also be sent electronically to:
awickham@wgblaAygrs.com and 'bresslerl mail.ggLr for the Grantor and
to the Town Attorney and the Land Preservation Coordinator for the Grantee,
or such other address provided to the other party by notice as set forth
above.
6.05 No `Naiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or the delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extin uishment of E s meat CoAd
emn ion
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
so much that it becomes impossible to fulfill the Purpose of this Easement
16
described in Section 0.03, extinguish or modify this Easement in accordance
with applicable law. The mere cessation of farming on the Property shall not
be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural value of the
Property. If the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be
payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOL15
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amend ent
This Easement may be amended only with the written consent of
Grantee and current owner of the Property and in accordance with any
applicable State and local laws. Any such amendment shall be consistent
with the Purpose of this Easement and shall comply with the Town Code and
any regulations promulgated hereunder, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code §170(h).
The parties agree to amend the provisions of this Easement If such
amendment shall be necessary, to entitle Grantor to meet the requirements
of §170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
17
x A
7.03 Alienioru
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code or any
successor chapter and other applicable laws, upon the adoption of a local law
authorizing the alienation of said rights and interest, following a public
hearing and, thereafter, ratified by a mandatory referendum by the electors
of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of those
property rights or interests which were acquired by the Town prior to any
such amendment.
In addition to the limitations set forth above, Grantee shall have the
right to transfer all or part of this Easement to any public agency, or private
non-governmental organization, that at the time of transfer is a "qualified
organization under §170(h) of the Internal Revenue Code, provided that
transferee expressly agrees to assume the responsibility imposed on the
Grantee by this Easement, whereupon all references to Grantee shall be to
such entity.
Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency
that agrees to assume the responsibilities imposed by this Easement.
7 4 Severghftt
Any provision of this Easement restricting Grantor's activities which is
determined to be invalid or unenforceable by a court shall not be invalidated.
Instead, that provision shall be reduced or limited to whatever extent that
court determines will make it enforceable and effective. Any other provision
of this Easement that is determined.to be invalid or unenforceable by a court
shall be severed from the other provisions, which shall remain enforceable
and effective.
7.05 Governing LAW
New York law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
18
InterpLe_t@tlon
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it: If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The 'parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited its right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public, any right to enter upon the Property, or to use
images of the Property. Grantee may use images of the Property only for
non-commercial reporting of this Easement.
7.08 Reservation gf a Future Trail Easement.
Notwithstanding the provisions contained in this Agreement, Grantors,
their successors and assigns, at Grantors' sole discretion, may, in the future,
grant additional interests and property rights to the Grantee for the
purposes of establishing a pedestrian "Trail Easement" that is open and
available for use by the general public over a portion of the Property without
the need for amendment or modification to this Agreement. Said future Trail
Easement shall not be considered an alienation of interest or rights in real
property acquired herein by the Grantee. Said future Trail Easement shall be
for such consideration and subject to the terms mutually agreeable to the
Grantors and the Grantee, but if granted, shall at a minimum include the
following terms:
A. The Trail Easement shall not exceed twenty (20') feet in width
and shall be designated and shown on a survey prepared by a licensed
surveyor and at Grantee's expense. The future Trail Easement shall be
19
F x
located on a portion of the Property mutually agreed upon by the Grantors
and Grantee so that its use will not unreasonably interfere with the
agricultural use of the Property.
B. Grantee shall have the right to create and construct a
footpath/trail within the future Trail Easement in accordance with the
standards and specifications of the Town of Southold
C. The creation and construction of a footpath/trail within the future
Trail Easement shall be contingent upon the actual establishment and
linkage with other nearby and contiguous pedestrian trails.
D. Grantee's rights and liabilities to use, operate and maintain a
footpath/trail within the future Trail Easement shall not become effective
unless and until the footpath/trail is actually physically constructed as
provided herein and the Town Board of the Town of Southold, duly
acknowledges and accepts said pedestrian trail as part of the Town's trails
system and map.
E. The future Trail Easement shall not be utilized for any purposes
other than providing a travel route for-the general public for pedestrian
activities and trail related activities, such as hiking, subject to the limitations
of use, maintenance and improvement, as may be determined by the Town
Board and agreed to by the Grantor. Access by the general public in or on
motorized vehicles is expressly prohibited and no streets, roadways or other
rights-of-way or easements for vehicular use shall be constructed or granted
therein.
F. Access by the general public to the future Trail Easement shall
be only to and from contiguous greenbelt trails, public thoroughfares or
other such officially designated access points. Access to and upon adjacent
private lands shall be expressly prohibited. Nothing in the future Trail
Easement shall grant the general public the right to park vehicles on the
adjoining private property or roads.
Nothing herein shall require Grantor to grant a Trail Easement, nor shall this
Reservation create any restriction on the Property or the consideration
therefor, this provision being intended only to allow such an easement grant
and to confirm that such grant shall not be deemed an alienation of
Development Rights granted by the Development Rights Easement..
7.09 Wprf,�ntl s
20
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.10 Recordin
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
?.11 Headinas
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be Ignored in Its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Grand of Development Rights Easement on
the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
WW FARMS, LLC, Grantor
By;
Abigail A. Wickham, Manager
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTH LD, Grantee
BY:
Scott A. Russell, Supervisor
21
STATE OF NEW YORK)
COUNTY OF SUFFOLK), S.S.•
On the 16th day of December, in the year 2022 before me, the undersigned,personally
appeared Abigall A. Wickham, personally known to me or proved to me on the basis of
satisfactory evidence to be the lndevidual(s) whose name(s)is(are)subscribed to the
within instrument and acknowledged to me that he/shglthey executed the same in
hisdher/their capacity(ies), and that by his/herrtheir signatures)on the instrument the
individual(s), or the person upon behalf ofwhich the individuals)acted, executed the
instrument.
Slgnatur% o edit4dual taking acknowledgement
Robett DeFrese
No"tPublic State of New Yolk
Ni ggl on No,01 D 50 5111
tluAled In Suffolk Co
STATE OF NEW YORK ) Co mf krn Wms O b rU12 ,2028
COUNTYOFSUFFOLK ) SS.•
On this 16th day ofDecember in the year 2022 before me, the undersigned
personally appeared Scott A. Russell, personally known to me or proved to me on the
basis ofsatisfactory evidence to be the,individuals) whose name(s)is(are)subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
In his/herltheir capacity(ies), and that by 171s1herltheir signature(s)on the instrument,
the individual(s), or the person upon behalf of which the individuals)acted, executed
the instrument.
Signatur% ce ofin vidual taking acknowledgement
bs
SCHEDULE A—Description of Easement Area "ry Publio We of York
P FlstratfonNo.01C?E50 5111
alffiPed In Suffolk Cou
Attached d6Mrnls on Oras C1�r 21.202
22
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A
(Description of the Land)
For Tax Map ID(s): 1000-109.00-0100-p/o 011.000
AMENDED 10/31/22
EASgMENJAREA TO BE INSURED:
ALL that certain plot, piece or parcel of land, situate,lying and being at Cutchogue,Town of Southold, County of Suffolk
and State of New York, bounded'and described as follows:
BEGINNING at a monument found on the northerly side of Main Road(NYS Route 25)distant 1295 feet more or less
westerly from the comer formed by the intersection of the northerly side of Main Road(NYS Route 25)and the westerly
side of Alvah's Lane;
RUNNING THENCE South 65 degrees 12 minutes 00 seconds West,along the northerly side of Main Road(NYS Route
25)a distance of 100.00 feet to the land (now or formerly)of Wickham Homestead Inc.;
THENCE along said land the following 3 courses and distances:
1. North 29 degrees 38 minutes 40 seconds West,313.48 feet to a point;
2. South 60 degrees 21 minutes 20 seconds West, 174.09 feet to a point;
3. South 24 degrees 48 minutes 00 seconds East,299.62 feet to a monument on the northerly side of Main Road(NYS
Route 25);
THENCE along the northerly side of Main Road(NYS Route 25) the following 2 courses and distances:
1. South 62 degrees 10 minutes 10 seconds West, 234.18 feet to a,point;
2.South 58 degrees 23 minutes 10 seconds West,242.47 feet to a monument and land(now or formerly)of Carnation
Properties,the true point or place of beginning;
RUNNING THENCE the following 6 courses and distances along land (now or formerly)of Carnation Properties:
1. North 28 degrees 08 minutes 50 seconds West,290,75 feet to a point;
2. North 29 degrees 03 minutes 10 seconds West,884.61 feet to a point;
3. North 28 degrees 37 minutes 00 seconds West,661.56 feet to a point;
4. North 29 degrees 50 minutes 20 seconds West,417.35 feet to a point;
5. North 28 degrees 22 minutes 10 seconds West,536.74 feet to a point;
6 North 29°degrees 13 minutes 30 seconds West,2038.78 feet to a monument and land of the(now or formerly)Long
Island Railroad;
THENCE North 59 degrees 51 minutes 40 seconds East along said land 639.91 to a pipe and land on the Subdivision Map
of Galluccio Vineyards;
THENCE along said Map the following 11 courses and distances:
I. South 31 degrees 56 minutes 40 seconds East 366.41 feet to a point;
2. South 31 degrees 00 minutes 40 seconds East, 1010.55 feet to a point„
3. South 30 degrees 18 minutes 10 seconds East,455,24 feet to a paint;
4, South 30 degrees 45 minutes 30 seconds East,312.04 feet to a point;
5.South 30 degrees 11 minutes 00 seconds East,212,56 feet to a point;
6.South 31 degrees 08 minutes 50 seconds East,74.84 feet to a point;
7.South 29 degrees 42 minutes 40 seconds East, 171.40 feet to a point„
8. South 29 degrees 09 minutes 50 seconds East, 136.43 feet to a point;
9.South 31 degrees 02 minutes 40 seconds East,290.01 feet to a point,
Printed: 10.31.22®10:13 AM
Commitment for Title Insurance NY-FT-FRVH-01030.431004SPS-1-21-7404-010953
Schedule A-1 Description
� r �
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A
(Continued)
10. South 29 degrees 38 minutes 00 seconds East, 216.89 feet to a point;
11. South 31 degrees 43 minutes 10 seconds East, 77.54 to land (now or formerly)of WW Farms LLC;
THENCE along land (now or formerly)of WW Farms LLC the following 4 courses and distances:
1. South 60 degrees 17 minutes 50 seconds West,334.98 feet to a point;
2. South 29 degrees 42 minutes 10 seconds East, 747.00 feet to a point;
3. South 60 degrees 17 minutes 50 seconds West 111.22 feet to a point;
4. South 29 degrees 42 minutes 10 seconds East, 758.23 fret to the northerly side of Main Road(NYS Route 25);
THENCE along the northerly side of Main Road(NYS Route 25)the following 2 courses and distances:
1. South 62 degrees 10 minutes 10 seconds West, 70.00 feet to a point;
2. South 58 degrees 23 minutes 10 seconds West, 242.47 feet to a monument and the point or place of BEGINNING.
Printed: 10.31.22 Q 10:13 AM
Commitment for Title Insurance .-..ww.�
Schedule Description NY-FT-FRVH-01030.431004-SPS-1-21-7404010953
RECORDED
Number of pages 2023 Feb 21 04:25:43 I'll
Oincent. Puleo
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00013190
Social Security Numbers F 233
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt
Page/
---
Page/Flling Fee _ 1.BasICTaX
Handling 20, 00 2, Additional Tax
TP-584 _ Sub Total
Spec./Asslt,
Notation _ or
EA-5217(County) _ _, Sub Total "" Spec./Add.
EA-5217(State) TOT.MTG.TAX
�Jyp� Dual Town Dual County
R.P.T.S.A. vV" Held for Appointment .
Co[nm.of Ed. S. 00 Transfer Tax
Mansion Tax _ -.
Affldavlt �
f� The property covered by this mortgage Is
rtlftrrd Corp �1— or will be Improved by a one or two
NYS Surcharge 15. 00 a family dwelling only,
Sub Total YES or NO
Other GrandTotab� if NO, see appropriate tax clause on
� +O
~page# ' ofthls lnstrume t.
4 Dlst, /000 Sectlon /0 7051 Block 1 Lot 5 Community Preservation Fund
Real Propertywaw Consideration Amount$
Tax Service 7 2
Agency, *eco CPF Tax Due $
Veriflcatloh
Improved.
6 Sat9sf'actlons/Discharges/ReCeases Llst Property!Owners Halling Address
RECORD.&R: TURN TO: Vacant Land
t 4 Aa l l" PT' t r" a" r TO A
,/� TD
Mall to `k 7 Title Company Information
11901 Co.Name �.
Title# t - F 0 „.
8 SUM'..& Count - ecordin ! Encd.orsement Page
This page forms part of the attached i ' cn� -- a-1-4-�-se f L"Lc T-i—'t's made
by. (SPECIFY TYPE OF INSTRUMENT)
litJln, F/ar-Ari LLL The premises herein Is situated In
- SUFFOLK COUNTY,NEW YORK.
_wwwwww_ `++ TO In theTOWN of -�
�wN c Cara in the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
a
DECLARAJ° ION OF COVENMTS A D RES'T'RICTIONS
THIS DECLARATION,made as of the 16th day of December, 2022, by WW FARMS,
LLC, a New York Limited Liability Company with offices at 13015 Main Road, P.O. Box 1424,
Mattituck,New York 11952,hereinafter referred to as the"DECLARANT."
WITNESSETH:
WHEREAS, DECLARANT WW Farms,LLC is the owner of certain real property
situate at 24085 Main Road(NYS Route 25), Cutchogue, and designated as SCTM#1000-109-1-
11 (the"Property"),and shown on a survey prepared by Peconic Surveyors dated September 26,
2022, redated December 12, 2022 (the"Survey"), and described in the metes and bounds
description attached as Schedule"A" (Overall Description)and made a part hereof; and
WHEREAS,the Survey shows a"Development Rights Easement Area" of 65.070 acres
and a"Reserve Area" of 12.726 acres, both described in the metes and bounds descriptions
attached as Schedule A-1 and A-2(Development Rights Easement Area and Reserve Area
descriptions); and
WHEREAS,the DECLARANT has granted to the Town of Southold a Grant of
Development Rights Easement("Easement")for the Development Rights Easement portion of
the Property dated December 16,2022; and
WHEREAS, for and in consideration of the acceptance of the Grant of Development
Rights Easement, the Town Board of the Town of Southold(the "Town Board") has deemed it in
the best interests of the Town of Southold(the"Town") and the Declarant and prospective
owners of the Property that the within covenants and restrictions be imposed on the Property,
and, as a condition of the acceptance of the Grant of Development Rights Easement, the Town
Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office
against the Property; and
WHEREAS, the DECLARANT has considered the foregoing and has determined that
this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and
subsequent owners of the Property.
NOW,THEREFORE, be it declared as follows:
The DECLARANT, for the purpose of carrying out the intentions above expressed does
hereby make known, admit;publish, covenant and agree that the Property shall hereinafter be
subject to the Covenants and Restrictions asset forth herein, which shall run with the land and
shall be binding upon all purchasers and holders of the Property,their heirs, executors, legal
representatives, distributees, successors and assigns,to wit:
DECLARANT may make an application or applications for subdivision, lot line
" r
change, re-subdivision, or for any other relief from the Town of Southold that
would allow the separation or partial separation of the Reserve Area from the
Development Rights Easement Area of the Property. Any approval of such
application shall be conditioned on at least 80,000 square feet of the Reserve
Area remaining adjacent to, unseparated from and a part of the new parcel
containing the Development Rights Easement Area, or containing a portion of the
Development Rights Easement Area if the Easement Area is divided in
accordance with the terms of the Easement.
These covenants and restrictions shall be construed to be in addition to and not in
derogation or limitation upon any local, state, and federal laws, ordinances, regulations or
provisions in effect at the time of execution of this Declaration, or at the time such laws,
ordinances,regulations and/or provisions may hereafter be revised, amended or promulgated,
provided such revisions, amendments or promulgations do not further restrict the Property
beyond the manner permitted by this Declaration.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or
any of its agencies to enforce same shall not be deemed to affect the validity of these covenants
nor to impose any liability whatsoever upon the Town of Southold or any officer or employee
thereof.
If any section, subsection,paragraph, clause,phrase or provision of these covenants and
restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court
of competent jurisdiction„the same shall not affect the validity of these covenants as a whole or
any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid,
or unconstitutional.
This Declaration is made subject to the provisions of all applicable laws or by their
provisions to be deemed incorporated herein, and made a part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, its
successors and assigns, and upon all persons or entities claiming under it, and may not be
annulled, waived, changed, modified, terminated,revoked or amended by subsequent owners of
the Property unless and until approved by a majority plus one vote of the Town Board or its legal
successor, following a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named has duly executed the
foregoing Declaration the day and year first above written.
WW RMS,LLC
E - Abigail A. Wickham, lel naging M mber
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On the 16th day of December,2022,before me,the undersigned,personally appeared
Abigail A. Wickham,personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument,the individual, or the person upon behalf of which the individual acted, executed the
instrument, and that such individual made such appearance before t e undersigned.
Notary F tc Rd�a
Robert beFrese
No"Public State of Nest York
tae istratlon No.01DES0 5111
uallfied In Suffolk Coon
Commission EXPNces October 211
a
r
J
J
FIDELITY NATIONAL TITLE INSURANCE COMPANY _ TITLE NO. 7404-010953
SCHEDULE A•
F R INFORM t NLY.!M TQ B L Q9991311?TON
ALL that certain plot, piece or parcel of land,situate, lying and being at Cutchogue, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a monument found on the northerly side,of Main Road(NYS Route 25)distant 1295 feet more or less
westerly from the corner formed by the intersection of the northerly side of Main Road (NYS Route 25)and the westerly
side of Alvah's Lane;
RUNNING THENCE South 65 degrees 12 minutes 00 seconds West,along the northerly side of Main Road(NYS Route
25) 100.00 feet to land (now or formerly)of Wickham Homestead Inc.;
THENCE along said land (now or formerly)of Wickham Homestead Inc. the following 3 courses and distances:
1. North 29 degrees 38 minutes 40 seconds West, 313.48 feet to a point;
2. South 60 degrees 21 minutes 20 seconds West, 174,09 feet to a point;
3. South 24 degrees 48 minutes 00 seconds East,299.62 feet to the northerly side of Main Road(NYS Route 25);
THENCE along the northerly side of the northerly side of Main Road (NYS Route 25)the following 2 courses and
distances:
1. South 62 degrees 10 minutes 10 seconds West,234.18 feet to a point;
2. South 58 degrees 23 minutes 10 seconds West,242.47 feet to a monument and land(now or formerly)of Carnation
Properties;
THENCE along land (now or formerly)of Carnation Properties the following 6 courses and distances:
1. North 28 degrees 06 minutes 50 seconds West,290.75 feet to a point;
2. North 29 degrees 03 minutes 10 seconds West„884.61 feet to a point;
3. North 28 degrees 37 minutes 00 seconds West,661.56 feet to a point;
4.North 29 degrees 50 minutes 20 seconds West,417,35 feet to a point;
5. North 28 degrees 22 minutes 10 seconds West,536.74 feet to a point;
6. North 29 degrees 13 minutes 30 seconds West,2038.78 feet to a monument and land of the(now or formerly) Long
Island Railroad;
THENCE North 59 degrees 51 minutes 40 seconds East along said land 639.91 to a pipe and land on the Subdivision Map
of Galluccio Vineyards;
THENCE along said Map the following 16 courses and distances:
1. South 31 degrees 56 minutes 40 seconds East 366.41 feet to a point;
2.South 31 degrees 00 minutes 40 seconds East, 1010:55 feet to a point;
3. South 30 degrees 18 minutes 10 seconds East,455.24 feet to a point;
4.South 30 degrees 45 minutes 30 seconds East, 312.04 feet to a point;
5. South 30 degrees 11 minutes 00 seconds East, 212.56 feet to a point;
6. South 31 degrees 08 minutes 50 seconds East,74.84 feet to a point;
7. South 29 degrees 42 minutes 40 seconds East, 171.40 feet to a point;
8. South 29 degrees 09 minutes 50 seconds East, 136.43 feet to a point;
9. South 31 degrees 02 minutes 40 seconds East, 290.01 feet to a point;
10. South 29 degrees 38 minutes 00 seconds East,216.89 feet to a point;
11.South 31 degrees 43 minutes 10 seconds East,230.21 feet to a point;
12.South 29 degrees 49 minutes 40 seconds East, 367.42 feet to a point;
13.South 32 degrees 38 minutes 10 seconds East, 135.57 feet to a point;
14.South 30 degrees 37 minutes 00 seconds East,245.02 feet to a point;
15.South 29 degrees 31 minutes 00 seconds East,257.03 feet to a point;
16.South 29 degrees 48 minutes 40 seconds East, 376.87 feet to a monument on the northerly side of Main Road (NYS
Route 25), the point or place of BEGINNING.
+ Y e
FIDELITY NATIONAL TITLE-INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A -:L
(Description of the Land)
For Tax Mapa ID(s): 1000-109.00-01.00-p/o 011.000 "
AMENDED 10/31/22
EASEM gNT,AREA TO BE, SURED:
ALL that certain plot,piece or parcel of land,situate, lying and being at Cutchogue,Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a monument found on the northerly side of Main Road(NYS Route 25)distant 1295 feet more or less
westerly from the corner formed by the intersection of the northerly side of Main Road(NYS Route 25)and the westerly
side of Alvah's Lane;
RUNNING THENCE South 65 degrees 12 minutes 00 seconds West,along the northerly side of Main Road(NYS Route
25)a distance of 100.00 feet to the land (now or formerly)of Wickham Homestead Inc.;
THENCE along said land the following 3 courses and distances:
1.North 29 degrees 38 minutes 40 seconds West,313.48 feet to a point;
2. South 60 degrees 21 minutes 20 seconds West, 174.09 feet to a point;
3. South 24 degrees 48 minutes 00 seconds East,299.62 feet to a monument on the northerly side of Main Road (NYS
Route 25);
THENCE along the northerly side of Main Road(NYS Route 25) the following 2 courses and distances: '
1.South 62 degrees 10 minutes 10 seconds West,234.18 feet to a point;
2.South 58 degrees 23 minutes 10 seconds West, 242.47 feet to a monument and land (now or formerly)of Carnation
Properties,the true point or place of beginning;
RUNNING THENCE the following 6 courses and distances along land(now or formerly)of Carnation Properties:
1. North 28 degrees 08 minutes 50 seconds West,290.75 feet to a point;
2. North 29 degrees 03 minutes 10 seconds West, 884.61 feet to a point;
3. North 28 degrees 37 minutes 00 seconds West, 661.56 feet to a point;
4. North 29 degrees 50 minutes 20 seconds West,417.35 feet to a point;
5.North 28 degrees 22 minutes 10 seconds West,536.74 feet to a point;
6. North 29'degrees 13 minutes 30 seconds West,2038.78 feet to a monument and land of the(now or formerly) Long
Island Railroad;
THENCE North 59 degrees 51 minutes 40 seconds East along said land 639.91 to a pipe and land on the Subdivision Map
of Galluccio Vineyards;
THENCE along said Map the following 11 courses and distances:
1.South 31 degrees 56 minutes 40 seconds East 366.41 feet to a point;
2.South 31 degrees 00 minutes 40 seconds East, 1010.55 feet to a point;
3.South 30 degrees 18 minutes 10 seconds East,455.24 feet to a point;
4.South 30 degrees 45 minutes 30 seconds East,312.04 feet to a point;
5.South 30 degrees 11 minutes 00 seconds East,212.56 feet to a point;
6.South 31 degrees 08 minutes 50 seconds East,74.84 feet to a point;
7. South 29 degrees 42 minutes 40 seconds East, 171.40 feet to a point;
8. South 29 degrees 09 minutes 50 seconds East, 136.43 feet to a point;
9. South 31 degrees 02 minutes 40 seconds East,290.01 feet to a point;
Cammltrnent for Title Insurance Printed: 10.31.22 @ 10:13 AM
Schedule A-1 Description NY-FT-FRVH-01030.431004-SPS-1-21-7404-010953
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A��-
(Continued)
10. South 29 degrees 38 minutes 00 seconds East,216.89 feet to a point;
11. South 31 degrees 43 minutes 10 seconds East,77.54 to land (now or formerly)of WW Farms LLC;
THENCE along land (now or formerly)of WW Farms LLC the following 4 courses and distances:
1. South 60 degrees 17 minutes 50 seconds West,334.98 feet to a point;
2. South 29 degrees 42 minutes 10 seconds East,747.00 feet to a point;
3. South 60 degrees 17 minutes 50 seconds West 111.22 feet to a point;
4. South 29 degrees 42 minutes 10 seconds East,758.23 feet to the northerly side of Main Road(NYS Route 25);
THENCE along the northerly side of Main Road(NYS Route 25)the following 2 courses and distances:
1. South 62 degrees 10 minutes 10 seconds West,70.00 feet to a point;
2.South 58 degrees 23 minutes 10 seconds West,242.47 feet to a monument and the point or place of BEGINNING..
ww_ �..... .... ww.. . w ....... Printed: 10.31.22@10:13 AM
commitment,for Tide Insurance NY-FT-FRVH-01030.431004-SPS-1-21-7404-010953
Schedule A-1 Description
t
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A.o�.
FOR INFO A 1 NOT TO BE INSURED: REigRYED AREA DESCRIPTION
ALL that certain plot, piece or parcel of land,situate, lying and being at Cutchogue, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a monument found on the northerly side of Main Road(NYS Route 25)distant 1295 feet more or less
westerly from the comer formed by the intersection of the northerly side of Main Road(NYS Route 25)and the westerly
side of Alvah's Lane;
RUNNING THENCE South 65 degrees 12 minutes 00 seconds West,along the northerly side of Main Road(NYS Route
25) 100.00 feet to land(now or formerly)of Wickham Homestead Inc.;
RUNNING THENCE North 29 degrees 38 minutes 40 seconds West,along land(now or formerly)of Wickham
Homestead Inc. 313.48 feet to a point;
THENCE still along said land the following 2 courses and distances:
1. South 60 degrees 21 minutes 20 seconds West, 174.09 feet to a point;
2. South 24 degrees 48 minutes 00 seconds East,299.62 feet to a monument on the northerly side of Main Road (NYS
Route 25);
THENCE South 62 degrees 10 minutes 10 seconds West, along the northerly side of Main Road(NYS Route 25) 164.18
feet to a point;
THENCE North 29 degrees 42 minutes 10 seconds West,758.23 feet to a point;
THENCE North 60 degrees 17 minutes 50 seconds East, 111.22 feet to a point;
THENCE North 29 degrees 42 minutes 10 seconds West, 747.00 feet to a point;
THENCE North 60 degrees 17 minutes 50 seconds East, 334.98 feet to land on the Subdivision Map of Galluccio
Vineyards;
THENCE along the land on the Subdivision "lap of Galluccio the following 6 courses and distances:
1. South 31 degrees 43 minutes 10 seconds East, 152.67 feet to a point;
12. South 29 degrees 49 minutes 40 seconds East, 367.42 feet to a point;
13.South 32 degrees 38 minutes 10 seconds East, 135.57 feet to a point;
14.South 30 degrees 37 minutes 00 seconds East,245.02 feet to a point;
15.South 29 degrees 31 minutes 00 seconds East,257.03 feet to a point;
16. South 29 degrees 48 minutes 40 seconds East,376.87 feet to a monument on the northerly side of Main Road(NYS
Route 25),the point or place of BEGINNING.
THE POLICY TO'BE ISSUED under this commitment will insure the title to such buildings and improvements on the
premises which by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the
land lying in the street in front of and adjoining said premises.
END OF SCHEDULE A
Full Environmental Assessment Form
Part 1 -Project and Setting
Instructions for Completing Part I
Part l is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,
are subject to public review,and may be subject to further verification.
Complete Part 1 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; indicate whether missing information does not exist,
or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to
update or fully develop that information.
Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that
must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the
answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any
additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information
contained in Part 1 is accurate and complete.
A. Project and Applicant/Sponsor Information.
www .............
Name of Action or Project:
WW Farms,LLC
Project Location(describe,and attach a general location map):
24085 Main Road,Cutchogue,NY 11935; N/S R1:25 midway between Alvah's Lane and Elijah's Lane.
Brief Description of Proposed Action(include purpose or need):
Open Development Area application on 13 acres adjoining 65 acres of farmland to which Suffolk County and Southold Town own the development rights.
ODA plan is for eight building lots In the Reserve Area,including a° acre lot to include the farming operation. The remaining lots are clustered.The
yield on the proposed ODA is significantly less than the 16 lot density allowed under the Conservation Subdivision 80/60 formula of the Southold Town
Code.
Name of Applicant/Sponsor: Telephone:631-298-8353
WW Farms,LLC E-Mail:awickham@wbglawyers.com
Address:PO Box 1424, 13015 Main Road
City/PO:Mattituck State:NY Zip Code:11952
Project Contact(if not same as sponsor;give name and title/role): Telephone:same
Abigail A.Wickam E-Mail:
same
Address:
same
City/PO: State: Zip Code:
Property Owner (if not same as sponsor): Telephone:
E-Mail
Address:
City/PO: State: Zip Code:
Page I of 13
FEAF 2019
B.Government Approvals
B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial
assistance.)
Government Entity If Yes: Identify Agency and Approval(s) Application Date
Required (Actual or projected)
a.City Council,Town Board, ®Yes❑No ODA Approval February 2024
or Village Board of Trustees
b. City,Town or Village ®Yes❑No ODA Approval February 2024
Planning Board or Commission
c.City,Town or ❑Yes®No
Village Zoning Board of Appeals
d.Other local agencies ❑Yes®No
e.County agencies ®Yes❑No Suffolk County Dept of Health Services Nprli 2024
Realty Subdivision Review
f.Regional agencies ❑Yes®No
g. State agencies ❑Yes®No
h.Federal agencies ❑Yes®No
i. Coastal Resources.
i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes®No
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes❑No
iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No
C. Planning and Zoning
C.I. Planning and zoning actions.
Will administrative or legislative adoption,or amendment of a plan, local law,ordinance,rule or regulation be the ❑YesoNo
only approval(s)which must be granted to enable the proposed action to proceed?
• If Yes,complete sections C,F and G.
• If No,proceed to question C.2 and complete all remaining sections and questions in Part I
C.2.Adopted land use plans.
a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®Yes 'No
where the proposed action would be located?
If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No
would be located?
b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway; ❑Yes®No
Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan;
or other?)
If Yes,identify the plan(s):
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No
or an adopted municipal farmland protection plan?
If Yes,identify the plan(s):
Page 2 of 13
C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No
If Yes,what is the zoning classification(s) including any applicable overlay district?
A/C Agricultural/Conservation www �w.w...._........._. ............ .wwwww ...w..... .._.._..__.......m_...._......_..�..................�.... w............ ..._
b. Is the use permitted or allowed by a special or conditional use permit? ®Yes❑No
c.Is a zoning change requested as part of the proposed action? ❑Yes®No
If Yes,
L What is the proposed new zoning for the site? _._w _ .,�._.. ......mm_.ww ..._...�w_.._....... w._. .. _. __
CA. Existing community services.
a.In what school district is the project site located? ac tuc - rtr^o uePo ..�hu --..... .............................. ......w ...........
b.What police or other public protection forces serve the project site?
Southold Town Police,Suffok County Police,NYS Troopers
c.Which fire protection and emergency medical services serve the project site?
Cutc hoague Fire Department
d.What parks serve the project site?
N/C p 8rrn P !tt...................._..... w_............_..w_._ .. . .......ww.. __.._........._._......_m _ www... ._......... ...w....._._... _.� w...........w w.._.........
D.Project Details
D.I. Proposed and Potential Development
a.What is the general nature of the proposed action(e.g.,residential, industrial,commercial,recreational; if mixed,include all
components)?Residential/agricultural
b.a.Total acreage of the site of the proposed action? _12.73 acres
b.Total acreage to be physically disturbed? est less than 1 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? _ 77.8 acres
c.Is the proposed action an expansion of an existing project or use? ❑Yes®No
L If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units,
square feet)? %.....ww........_. _........ Units: �w_._.............. _ _........._
d.Is the proposed action a subdivision,or does it include a subdivision? OYes❑No
If Yes,
i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial; if mixed,specify types)
...n....ww_.._w..... � _............._w.. w_..........._. .�w_............ ._........ .._w.w..........._.__w �w_._........�.........�..............._ ®_
Open Development Area. .
ii. Is a cluster/conservation layout proposed? Yes❑No
iii. Number of lots proposed? _--.8
iv. Minimum and maximum proposed lot sizes? Minimum Maximum
e.Will the proposed action be constructed in multiple phases? 0YesrINo
L If No,anticipated period of construction: _ww N/A months
ii. If Yes:
• Total number of phases anticipated Unk
• Anticipated commencement date of phase I (including demolition) N/A month year
• Anticipated completion date of final phase N/A month wear
• Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases:.. _..... _.._.........__..................._.,................,.w
N/A
Page 3 of 13
f.Does the project include new residential uses? OYes❑No
If Yes,show numbers of units proposed.
One Family Two Family Three Family l'vlultilp Family four or more
Initial Phase o o 0
_... _.........._ .._.........
At completion
of al I phases 7 0 0 o
g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes®No
If Yes,
i.Total number of structures
ii. Dimensions(in feet)of largest proposed structure: height; width; and length
iii. Approximate extent of building space to be heated or cooled: __- _www_ _ kw_ww „ square feet
h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑YesONo
liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage?
If Yes,
i.
ii. f a water impoundment,the.principal source of the water: un water❑Surface water streams .__._.ther.w...............if
PurposeP _ _...... w_
p p ' Grou ms Other specify:
....www.. ...._..ww_ww__..... _m.___ www..._....._.....w..........._ .......w_. .......�......_.............. www_ ...�w_....._._ __www_.......M.._w v w_...._....._.
iii. If other than water, identify the type of impounded/contained liquids and their source.
PP � ppoundment. . ....... g ;siv. Approximate size of the proposed Volume: .� illionallonssurface area:p._... -- acres
v. Dimensions of the proposed dam or impounding structure: height;
length
vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete):
D.2. Project Operations
a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? Yes No
(Not including general site preparation,grading or installation of utilities or foundations where all excavated
materials will remain onsite)
If Yes:
i.What is the purpose of the excavation or dredging? _.........._.. .....
_,
ii. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? _ . w ...w....._._mMw_..
• Volume(specify tons or cubic yards): _
• Over what duration of time.
iii. Describe nature and characteristicsofmaterials to be excavated or dredged,�and WW�lans to use,ma
_ _ _
p nage or dispose of them.
iv. Will there be onsite dewatering-or processing of excavated materials? .. m.._ww. ......w... �,__..... �_._..... µ
Yes�No
If yes,describe.
w.ww........ ..ww ...................__....w_ .......—1 .........
v. What is the total area to be dredged or excavated? __ www ,,,,,,_ w__, ,.,ww.....__......—._........acres
............._.._..
vi. What is the maximum area to be worked at any one time? _w mm __. .__-,..www........ acres
vii. What would be the maximum depth of excavation or dredging? _�w,m,mmm _ feet
viii. Will the excavation require blasting? ❑Yes❑No
ix. Summarize site reclamation goals and plan: _www._............__w_.�w_..__........ .. _..ww_...._ w.._. _.w...__ �..w_w....._._ _ _. . .
b.Would the proposed action cause or result in alteration of, increase or decrease in size of,or encroachment Yes' No
into any existing wetland,waterbody,shoreline,beach or adjacent area?
If Yes:
i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic
description): .ww_.._.... .............. ww........ ....ww_.....___�w..... .. _.w. _..w....... _�.__..._.w._.. .w_.........._ www_......_.._.............ww.._...._.w_.... w.... ._
Page 4 of 13
ii. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or
alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres:
iii.Will the proposed action cause o _,,,.._m__................_._._...._ w........... . _.._._..... _ediments ......w.. .................._,„��,..__w_.,,....ww_._......�.www.................�.... .......DYes❑N'..o o
_.�...w"p&"–—'--""'
_......... ..�w� ..., r result in disturbance to bottom s o
If Yes,describe: J
iv. Will the proposed act'ion cause or result in the destruction or removal of aquatic vegetation? WW WWM MµMµWW WEl Yes❑No
If Yes:
• acres of aquatic vegetation proposed to be removed: ._.......�ww ,._.__�w_�w�.ww_...........
_
............
• expected acreage of aquatic vegetation remaining after projectcompletion:
• purpose of proposed removal(e.g• beach clearing,invasive species control,boat access))�: ......�.,...�.�.�.�...
_.....w......_........._._.w__�.._w____..M.M...www_w__..w..
.
__........._.._ww.... .,...._..._............... ._.�
« proposed method ” .. W_��ww ... .ww..... ..,.�_..www_�ww_...._.
..
p of plant removal; ...... �w.w._........ �w....._m ...ww.�..,,......._.w.
• if chemical/herbicide treatment will be used,specify product(s): wwwww_
v. Describe any proposed reclamation/mitigation following disturbance: _.ww.w....._ _.__. _......... ............A..
w__................mm_www_w.................. w.................._..__ _.....................
c.Will the proposed action use,or create a new demand for water? ❑YesONo
If Yes:
L Total anticipated water usage/demand per day: _w_ O'p hwl gallons/day
H. Will the proposed action obtain water from an existing public water supply? ®Yes❑No
If Yes:
•• Does eof the existing or publicce area:water supply Suffolk County Water Aut __hori��
have capacity to serve the proposal? ...ww..... .ww www....... ®Yes❑No
• Is the project site in the existing district? ®Yes❑No
• Is expansion of the district needed? ❑Yes®No
• Do existing lines serve the project site? ❑Yes®No
iii. Will line extension within an existing district be necessary to supply the project? ❑YesONo
If Yes:
• Describe extensions or capacity expansions proposed to serve this project:......... _.....__.. ...........,
• Source(s)of supply for the district: _ _._...__w _._......................�w..._..__.._._._v�__w.._.......... ..........
iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes®No
If,Yes:
• Applicant/sponsor for new district:._..---.._.......�.....wwww_...._. �__ � w_...._. ._www _ � ..w......�_...w... � ._....... _._...� _......... .w_..............
• Date application submitted or anticipated:............-.. ._.. -._.....,.....w__.w............_. ...�w_._ ...,,._._...___............_....w�.... ......m.,_.��_.........�........�.......
.,m,...�_��.
• Proposed source(s)of supply for new district: _ _
V. If a public water supply will not be used,describe plans to provide water supply for the project:_.....w
vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: N/A gallons/minute.
d.Will the proposed action generate liquid wastes? OYes❑No
If Yes:
L Total anticipated liquid waste generation per day: Max d1reside c gallons/day
H. Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial; if combination,describe all components and
approximate volumes or proportions of each): ww...,.,_....__w...__ _ _.._...... _ w..._m......_.. ._._...,..www........_ ._.............._ ,_ w__.......
w__residentialsanitarY�. tavtrw_........_.w_. w_...._._ ww...........
......._m.�_.�.w�.�w_.. w__._.....,� �.�_.�, �w............._.rr_ �ww�.�.�.�._ .....M_ ._w.�.�_.....__�.
in. Will the ..............__ww .. ....ww_........_�w _ _ww __..ewater treatment facilities?
..www,.�.,__,,,,,,,,,,,,,,,,_..._..�.�.ww__,,,,�.ww........_.....w_.............
Yes._w.._....__
proposed action use an existingpublic wast s. ❑ ONo
If Yes:
• Name of wastewater treatment plant to be used: m .,,,,,,_ �w._.....�_wµ..._,,,_. �w.. __. _ w..._ ,,, _._•-
• Does the existing wastewater treatment plant have capacity to serve the project? _ _......... ....___.._....__ �YYes❑No
• Is the project site in the existing
• Is expansion of the district needed? ❑Yes❑No
Page 5 of 13
• Do existing sewer lines serve the project site? ❑Yes®No
• Will a line extension within an existing district be necessary to serve the project? ❑Yes®No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project: ..__ WWMe_mww_„_ .............. _w
iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? __... �..w... _µ W E]Yes®No
If Yes:
• Applicant/sponsor for new district: —w_...... _ �...._......
_._w_.
• Date application submitted or anticipated:_.......m_ww_ _w_.............. ........ _............
• What is the receiving water for the wastewater discharge?,_.....
v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed
receiving water(name and classification if surface discharge or describe subsurface disposal plans):
—6e..�...._..................�......... ..... to capture,recycle or reuse liquid waste:��� ..w�.......__..w_w ..w_.._...... �.._._....m. w...._._ww..... � __...
Vi. Describe an lans or designs _ .e,re.w........... or r_.
e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No
sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point
source(i.e.sheet flow)during construction or post construction?
If Yes:
i. How much impervious surface will the project create in relation to total size of project parcel?
Square feet or acres(impervious surface)
Square feet or acres(parcel size)
ii. Describe types of new point sources.
W. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties,
groundwater,on-site surface water or off-site surface waters)?
........_.....__._w_.w... .............M.__w, ._w_ _...... ..w_._. w_.._.._..... w.._. �w._._........ .._............. ._,..�......_......... ww. ......_.w....�....
• If to surface waters, idents receivingwater bodies or wetlands: , m _..........__�www_.............
__.......�_.ww._.
• ..................
Will stormwater runoff flow to adjacent properties? ........ ...._.wwww..
._.w_._.._......... _�...�.w.._..........._����.w.ww.......__._.ElYes❑No
iv. Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? ❑Yes❑No
f. Does the proposed action include,or will it use on-site,one or more sources of air emissions, including fuel rJYes0No
combustion,waste incineration,or other processes or operations?
If Yes, identify:
i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles)
U. Stationary sources during construction(e.g.,power generation,structural heating, batch plant,crushers)
iii. Stationary sources during operations(e.g.,process emissions, large boilers,electric generation) __,.......w......_-_........ . .. ._.
w.. ...... _............... ..._.www_
Will .......... .H(w_............_... ...�..w......... ___�w_.... _ www_ .w.._...
g. any air emission sources named in D.2.f above), require a NY State Air Registration,Air Facility Permit, nYes®No
or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No
ambient air quality standards for all or some parts of the year)
ii. In addition to emissions as calculated in the application,the project will generate:
• Tons/year(short tons)of Carbon Dioxide(CO2)
"I"ons/year(short tons)of Nitrous Oxide(N20)
• ww Ions/year(short tons)of Perfluorocarbons(PFCs)
• .... roes/year(short tons)of Sulfur Hexafluoride(SF6)
• . ...... WW�����mTons`year (short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs)
•
........_ Torn/year(short tons)of Hazardous Air Pollutants(HAPs)
Page 6 of 13
h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, Yes No
landfills,composting facilities)?
If Yes:
i. Estimate methane generation in tons/year(metric):..w_ _
ii.Describe any methane capture,control or elimination measures included in project design(e.g., combustion to generate heat or
electrics ' flaring):
g): ...._,__mw...�,www........�H.w._�..�.-.� _........��....,�_..__m-w�........ w.___......_._www....._�....�...........-... www_.........�w.... .w__.......... ..�,,...w�._.
i.Will the proposed action result in the _.mm.._._.......�.w ._.....,.. _ _....... �_w_.......... ,.... w.......... __. .
p p release of air pollutants from open-air operations or processes,such as ❑YesoNo
quarry or landfill operations?
If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust):
j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No
new demand for transportation facilities or services?
If Yes:
i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend
❑Randomly between hours of to
ii. For commercial activities only,projected number of trucks trips/day and type(e.g.,semi trailers and dump trucks):
iii. Parking spaces: Existing �. w„m IT _w M1O1 Proposed ww _w_ Net increase/decrease
iv.Does the proposed action include any shared use parking? ❑Yes❑No
v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe:
........ www w w www _w
vi. Are public/private transportation services)or facilities available within 1/2 mile of the proposed site? ❑Yes❑No
vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No
or other alternative fueled vehicles?
viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No
pedestrian or bicycle routes?
k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ElYes❑No
for energy?
If Yes:
i. Estimate annual electricity demand during operation of the proposed action:
ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or
other):
iii. Will the proposed action require a new,or an upgrade,to an existing substation? -� - [Yes❑No
I.Hours of operation. Answer all items which apply.
L During Construction: ii. During Operations:
• Monday-Friday: 7-4 0 Monday Friday: Normal Residential Use
• Saturday: w__......._. . _..............m 7-4 w_........M .__.... • Saturday: _ww__....._......
• Sunday: -w.._._._.. ___......._.w._...........B. 12 . w_........._. • Sunday _ �w......_.. __. .....,,,._ww_... ...
• Holidays:............._.. .... .__... _w __........._ .ww._ Holidays: ...w.wwww_._m.w__ ............._.Mwww_ ...........__w w ......._..
Page 7 of 13
m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑YesONo
operation,or both?
If yes:
i. Provide details including sources,time of day and duration:
H. Will the proposed action remove existing. _..._.. I"ba w_-_...._..—co`__..."a—... "'"" —,
a www _......... .........b—..._w..__ween?--w-._,.-.__.._�_._..__._._......,,...,,...Ow._—......
_ -.. g natural barriers that could act as a nosebarer or screen? ❑Yes�No
Describe:_www.........._......._,_.._ . w__....... _ _ wwwww_...... _www......._ ...w.w.w......._w........._..........._.............-......__.._.��w_....�.w_.
n.Will the proposed action have outdoor lighting? ®Yes❑No
If yes:
i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures:
Modest residential dark*y cQnpliant cutdgo,r lghtin„g,,.ggrksky compliant lighting.an...barn w�www.,.... _ www.ww_........_............... .w_..
tt. Will proposed action remov..,..._.�....g m.-.._.......................�._.-: ...�......-..........M .._.�_g........._.,.._...._...w._... ......_........� �ww........... _w_........__.....w.�_w.......... __..,
e existing natural barriers that could act as a light barrier or screen? ❑Yes
No
Describe:. ...._ _www_.........__._. _.... www.....�w w..._........._ _ w_........... kwwww_ ..w..........._..........
o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes0No
If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest
occupied structures:
p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes ON'o
or chemical products 185 gallons in above ground storage or any amount in underground storage?
If Yes:
i. Product(s)to be stored_
u. Volumes er unit time.__.µ...... W_w w........� e.......'....._._wwww...._......._.�_w�...�._w_.._......._.__,_.w....._�....wwww_�.............._._.�_........__....w.........�„www......
( ) p ( g. month,year)
iii. Generally,describe the proposed storage facilities: „ ..
����...
(commercial, industrial and recreational
q.Will the proposed action(comm � _.........._,_.._w�.. ...,.w.p
��YYY
rojects only)use pesticides(i.e.,herbicides, ❑Yes []No
insecticides)during construction or operation?
If Yes:
i. Describe proposed treatment(s):
ii. Will the Ero2osed action use Integrated Pest Management Practices._...._.._,. ..�ww..... .*H.�µ m_.�..._...w.._._._m___.�.,-._�w......_ww....._.�.._.._..._�._w_
�� ..... ...__ www_........... � w..w � ❑ Yes ❑No
r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ❑No
of solid waste(excluding hazardous materials)?
If Yes:
i. Describe any solid waste(s)to be generated during construction or operation of the facility:
• Construction: tons per _ _ (unit of time)
• Operation : _w W Me m� wwww M tons per _ _ (unit of time)
ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste:
Construction: w......._....__ www...ww.... _w. w_. _w.. _..__.._... __._...�.�.__..... .............. w�.._.._.. �..�.w....�._,,,.
• Operation: .,.,.mm.....__.._.... w. ......, .....,,, _....� _.w.w_..__..._._-...-............
.. w_ �w_..........,...w �w_........ ._.. _µ..........www.. w..w,..._.__w
_
iii. Proposed disposal methods/facilities for solid waste generated on-site:
• Construction: _...... ._.._w_.............. ..w..
w.._,,,,_m_...w_.._._......
._._....,.,._._.__........
• Operation: w W7 ....w �.µ_.� ..... .M _,,,_._... ...__ _� � w_......_._�w w.. .... _.....—w_w_......._._,..,,._w._ ......w.......
Page 8 of 13
s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes 0 No
If Yes:
i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or
otherdisposal activities)_. _www_._.._........_.wwvw...w..............H.._......... _.w.._......_ww.._ _.M..ww ._...._._........_....w_......_....
ii. Anticipated rate of disposal/processing:
• Tons/month,if transfer or other non-combustion/thermal treatment,or
Tons/hour, if combustion or thermal treatment
iii. If landfill,anticipated site life: _ww ........... ___.....4 years
t. Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardousQ'' eso'Po
waste?
If Yes:
i. Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility:
n. Generally describe processes or activities involving hazardous wastes or constituents: _ _m .....
µ .......w_........._..
iii. Specify amount to
handled or generated _.�.... tons/month
Describe any proposals for minimization,recycling ._reuse ..h...._a..zwwaw..r..d.�o..u.�.s.._c.w.o....n..s..t.:iwtw.u.�en..t�s...w:w.........Mw..w_.....�.�.__......w._ww�w..�.... _..._.w.._-w_.�.......
iv. ...,.�.
V. Will an hazardous wastes be disposed at an existingoffsite hazardous waste
._.. _- __w. _.......... e �. ...�
_........y.._.. _. _......__.Mw.ww p_..... _ � _._. aste facility. Yes No
If Yes: f
d
rovie name and location o
p � facility:_.____�_..._........�.�w.�..,..w�_.._........-..w.._._.....�.�__.....__w_..............�.w_..........._.H�_.�..�.w.�.....-ww�.v�..�.wµ.... ...�_....__.w.ww.._._�_
µ
If No:describe proposed management of any hazardous wastes which will not be sent to a hazardousµwaste facility: _ .
E.Site and Setting of Proposed Action
E.I.Land uses on and surrounding the project site
a.Existing land uses.
i. Check all uses that occur on,adjoining and near the project site.
❑ Urban ❑ Industrial ❑ Commercial ® Residential(suburban) ❑ Rural(non-farm)
❑ Forest ® Agriculture ❑ Aquatic ® Other(specify):Winer rp erye __.......e....._...�www.........m.,.w.._
H. If mix of uses,generally describe:
b. Land uses and covertypes on the project site,
Land use or Current Acreage After Change
Coverty e Acrea e Pro°ect Cotte letion (Acres+f-)
• Roads,buildings,and other paved or impervious
0' less than 1 less than 1+
surfaces
• Forested 7 3 -4Estimated
• Meadows,grasslands or brushlands(non- 0 0 0
a�ricttltttral, including abandoned a�ricttltur�al)
• Agricultural 5 3 -2
(includes active orchards,field„ rcenhottse etc.)
• Surface water features 0 0 0
(lakes„ponds,streams,rivers,etc.)
• Wetlands(freshwater or tidal) 0 0 0
• Non-vegetated(bare rock,earth or fill) 0 0 0
• Other
Describe: _..__M. w _ ._..w........-_ _...... w....
Page 9 of 13
c. Is the project site presently used by members of the community for public recreation? YesE]No
i. If Yes: explain: _ _
d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ®Yes❑No
day care centers,or group homes)within 1500 feet of the project site?
If Yes,
i. Identify Facilities:
Group Home; Aid to Developmental C1ig l led,.. p oximately 1200 ferret to East on Rt.25
e. Does the project site contain an existing dam? FlYes®No
If Yes:
i. Dimensions of the dam and impoundment:
Dam height: ... feet
�.........w...w_...._m_..�..—.._.._....._...w_._..._.
Dam length: _._,_. ..w....._............._,.._. ..�..._.._..........�_._... _._._.. feet
Surface area:
• ..�w.....�..—.m.w.ww�.___.__...w.........._._._�_.........._ ...�w_.M acres
• Volume impounded: ,__,MMwww....... gallons OR acre-feet
ii. Dam's existing hazard classification: _
W. Provide date and summarize results of last inspection: � .m ......... .,___. ..ww�w�w�
f.Has project the roJ c site__. v.. ......—_.....—_��www_.................._.._
the p � ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No
or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility?
If Yes:
i. Has the facility been formally closed? ❑Yes❑ No
If yes,cite sources/documentation:._._.........w.ww..._._......,. ...._....._...__w.... .......�..w_................ �www_._....... ..ww.. __wwww......... ...w_ � ..............
ii. Describe the location of the project site relative to the boundaries of the solid waste management facility:
iii. Decrib
se any development constraints due to the prior solid waste activities. m mm ry w mmmm W,µw .... __..ww_., __,,,,.._...........
..__.. ....
g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑YesnNo
property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste?
If Yes:
L Describe waste(s)handled and waste management activities,including approximate time when activities occurred:
_......_..w......... ..W............_..M._wkw.w__—w. .......
h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes® No
remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No
Remediation database? Check all that apply:
❑ Yes—Spills Incidents database Provide DEC ID
❑ Yes—Environmental Site Remediation database Provide DEC ID number(s):
❑ Neither database
ii. If site has been subject of RCRA corrective activities,describe control measures: _.............._..w—�..w,_„ .............. ....
iii. Is the project within 2000 feet any site in the NYSDEC Environmental Site Remediation database? _ ❑Yes❑No —
If yes,provide DEC ID number(s):
iv. If yes to(i),(ii)or(iii)above,describe current status of site(s):
Page 10 of 13
V. Is the project site subject to an institutional control limiting property uses? ] ]Yes®No
• If yes,DEC site ID number:_w_.. w _www _ _.........__..w..._........ ....www.............. ........... ...ww.......
• Describe the type of institutional control(e.g.,deed restriction or easement): _......... .
• Describe any use limitations: _ww.. _. ww................ .. .w www_.... .m www_ _ ..............w_w w.... ._...... _._......... __........... w�_...............__ _ ._....
•
any engineering controls:
• Will the eproject affect the institutional or engineering controls in place? _._..w_. �. _w..�__..........ww F]Yes❑No
• Explain: __. ._m ....._...... .wwwwwww_.....w�. w............._ww ..,,w. _...w.. ._w.............. ......._.ww.. w__......__w w_
E.2. Natural Resources On or Near Project Site
a. What is the average depth to bedrock on the project site? _.w �w_...._,over 5.q feet
b.Are there bedrock outcroppings on the project site? ❑YesNtr
If Yes,what proportion of the site is comprised of bedrock outcroppings?
c.Predominant soil type(s)present on project site: Plymouth Sandy Loam _m „ 50%%
Havens A35% %
Havens.B .. _.........�... _ _._... 15% %
d.What is the average depth to the water table on the project site? Average: 30 feet
e.Drainage status of project site soils:] Well Drained: 100%of site
ElModerately Well Drained: ___1/o of site
❑ Poorly Drained _w_ %of site
f.Approximate proportion of proposed action site with slopes: JZ'] 10-15%: 15 %of site
® 10-15 15 %of site
El 15%or greater: - %of site
g.Are there any unique geologic features on the project site? Ye0N°
If Yes,describe:
h. Surface water features.
i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes®No
ponds or lakes)?
ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes®No
If Yes to either i or ii,continue. If No,skip to E.2.i.
iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes❑No
state or local agency?
iv. For each identified regulated wetland and waterbody on the project site,provide the following information:
Streams: Name __..........._.. _........ .w�.....w.w...__.....w_. ._....._.._.......— Classification
* Lakes or Ponds: Name ........... ._....... .._.._....__.ww..._ __....._ w _..m.. Approximate Size,.wµ. ..w..__ _.__... m..
• Wetland No.(if regulated by DEC)
v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes❑No
waterbodies?
If yes,name of impaired water body/bodies and basis for listing as impaired:
^xXX^vYYm�mmpro�ect site in aMdesignated Floodway?_....-w��... ._...ww.. .Hww. ...
i. Is _..__w_.....�..._-��
the ❑Yes®No
j.Is the project site in the 100-year Floodplain? ❑Yesolo
k.Is the project site in the 500-year Floodplain? C]Yes®No
I.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ®Yes❑No
If Yes:
i. Name of aquifer:Long Island Acquifer(Nassau-Suffolk Sole Source) ....�.�_.._ ................_..�.. ........ .....w....... _..........
Page 11 of 13
in, Identify the predominant wildlife species that occupy or use the project site: _ ...
White Tail Deer
n.Does the project site contain a designated significant natural community? QYes oNo
If Yes:
i. Describe the habitat/community(composition,function,and basis for designation):
( ) description tion or evaluation:w.kwwwww.�........_.kwwww _._..... ,_--------
.....w_......._._w_....--- __.......__www,..... w_.........
�_�
ii. Sources of demmm.�rip,.�wwn oreion:.__... . w...., _. w. �.._...,�.,,.._w..µ.�._....... � �w_......... ...............-_w-........
iii. Extent of community/habitat:
• Currently: _ .._..... ._._.__ w.__._ acres
• Following completion of project as proposed: ___w_ _„ ..... _ _ acres
• Gain or loss(indicate+or-): ...... acres
o, Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes(No
endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species?
If Yes:
i. Species and listing(endangered or threatcned).,.WW..M —
p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of YesO'2`w o
special concern?
If Yes:
i. Species and listir�g:��w �ww.. _ www _w
q. Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ®Yes❑No
If yes,give a brief description of how the proposed action may affect that use: w..-. ..www_
srsn t hu,rstiLgt m de m e unclpr_D D,r�u ncypq anct,dtarinq.a rrreitted hararlCMr¢ per'g4s; hutt ma,&II 'Mse 'h sr�,_ o astnactlor�st rt .............
E.3. Designated Public Resources On or Near Project Site
a. Is the project site,or any portion of it, located in a designated agricultural district certified pursuant to ®Yes❑No
Agriculture and Markets Law,Article 25-AA,Section 303 and 304?
If Yes, provide county plus district name/number:Suffolk i ulturul Dis11.trict 1 _ wwww e rv„ ,,,,,,,,wµ.
b.Are agricultural lands consisting of highl productive soils present? ®YesnN
Z-
i. If Yes: acreage(s)on project site? acrec�Havens A&B; b.7 acres Sandy Lo....... �.......�. ..._....._.w w_�._.............._._
ii. Source(s)of soil rating(s):USDA Soil Conservation,......w_........._ ._,�.....www.ww,.._........ww_ ____ _............ w ..._.._.
c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No
Natural Landmark?
If Yes:
i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature
ii. Provide brief description of landmark, including values behind designation and approximate size/extent:
d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? []Yes No
If Yes:
i, CEA name:
ii. Basis for designation:
iii. Designating agency and date: ._..ww_.......... ... ._.........._.._..........-...... �M..ww ..._.www.._.._.
Page 12 of 13
e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No
which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS
Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?
If Yes:
i.Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District
ii. Name: _w w. ...._..........w�._... ..._w...�......�._............... �_....
iii. Brief description of attributes on which listing is based: ......_,_Hwwwww._.� w.
..
.........
f.Is
the project site,or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes®No
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes®No
If Yes:
i.Describe possible resource(s):
ii. Basis for identification: ww
h.11.1 Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ®Yes❑No
scenic or aesthetic resource?
If Yes:
Downs Farm Preserve,Southold T_ow_n;Downs Creek;Peconic Bay;Long Island SoundwwmmIT KK ww www .m w.„......
i. Identify resource: _
ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway,
etc.):P Cleland creek a 5a _are aesthetice,resqurses but n t yisitrle fromprc�Atq _... ..w._.........m_m..__ ,. ww.......... ..www�..w......._m___._......_ ....
iii. Distance between project and resource: w .. _ w,m .25 miles.
i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No
Program 6 NYCRR 666?
If Yes:
«. Is the activity consistent with development restriction......... .. __.._...._ww_._.� w._. _w .. _ _............. ..... _�..._.....w.ww..
i. Identify the name of the river and its designation:
s contained in 6NYCRR Part 666? Yes❑No
F.Additional Information
Attach any additional information which may be needed to clarify your project.
If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any
measures which you propose to avoid or minimize them.
G. Verification
I certify that the information provided is true to the best of my knowledge.
i
Applicant/SponsorName WW FWµ...w_.. Date Feb�J2024
�w_... 0 _ _................._.w.............._w..... � w w........._w_.
^, gt Title Mana er
Ablq.aLil m._.�... �:°.m� � � �w.�� ..._n...._..., w.w___...._.
Signature At�1„ acl A WVc �__.........__......�..ww......._._��
a
PRINT FORIVII Page 13 of 13
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM WW Farms, LLC Open Development Area
A.INSTRUCTIONS
1.All appheants for permits*including'l of Southold agencies,shall complete this CCAF for proposed actions that arc subject to the Town or
Southold Waterfront Consistency Review Law,This assessment is intended to supplement other information used by a"rown of Southold agency in
making a determination of consistency.*Except minor exempt actions including Building Permits and other ministerial permits riot locided within
the Coastal Erosion Hazard Area.
2.Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of
each 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).
3.If any question in Section C on this form is answered"yes",then the proposed action may affect the ach i even tell,of the LWRP policy standards
and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if riccrssary,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 LWRP policy standards and conditions,it shall not be undertaken.
A copy of the LWRP is available in the following places,online at the Town of Southold's website(southo I dtown.northfork.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
SCTM# 1000— 109-1-11,
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. X Building Dept. Board of Trustees ZBA
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)
(c) Permit, approval, license, certification: X
Nature and extent of action: Open Development Area Application
Location of action: 24085 Main Road, Cutchogue, NY 11935
Site acreage: Reserve Area of 12. Acres adjacent to 66 acres of DRS farmland
Present land use: Agricultural and Residential
Present zoning classification: A-C
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: WW Farms, LLC.
(b) Mailing address: PO Box 1424. Mattituck,NY 11952
(c) Telephone number: Area Code 631-298-8353
(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 open space, makes efficient use of infrastructure, makes beneficial use of a
coastal location, and minimizes adverse effects of development. See LWRP Section III —Policies;
Page 2 for evaluation criteria.
Yes No (Not Applicable ): Yes
Complements the adjoining preserved farmland parcel by clustering development primarily in
the wooded, non-farmed areas, at substantially less yield than would be permitted; makes
efficient use of infrastructure by providing common easement for adjoining lots, thus
minimizing the adverse effects of development.
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 LWRP Section III —Policies Pages 6 through 7 for evaluation criteria
Yes No (Not Applicable) Yes
Places most of the residential improvements in areas which are not visible from public
highways, and away from the active farming operations. Plan will protect old tree growth.
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See
LWRP Section III —Policies Pages 8 through 16 for evaluation criteria
Yes No (Not Applicable) Not Applicable
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section III—Policies Pages 16 through 21 for evaluation criteria
Yes No (Not Applicable) Yes - New sanitary systems will be low-nitrogen compliant, and run
off will be properly contained. Proposed development is at reduced density levels.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III —
Policies; Pages 22 through 32 for evaluation criteria.
Yes No (Not Applicable) Not Applicable
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) Not applicable
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—see answer to Policy 5.
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.
2
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 ) Not Applicable
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) Yes
The ODA plan will support agriculture by allowing limited development on and providing
separate access to the residential lots from the portion of the Reserved Area which will directly
involve and support the agricultural production of the farm parcel.
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
3
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OFFICE
Town Hall Annex ON: �. '� i � .�1� w ,w MAILING ADDRESS:
Bo
54375 State Route 25 °�� �� �, Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) '
Southold, NY � Telephone: 631 765-1938
www.southoldtownny.gov
UN .
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: February 16, 2024
Re: Checks
Please deposit the attached check into B691: Deferred Revenue. Fee is for a
Subdivision Sketch Plan Application not yet accepted by the Planning Board.
Thank you.
w.......... ...........__._._._._. ap
Project Name & Type Tax M # AmountF46
eck Date &
Number
WW Farms ODAWWW_..........._ma 109.-1-11 $500.0024
..................
CEW
Aft.
Abigail A.Wickham,Trustee 686
WW Farms,LLC AccCtura 62.7691/311
PO Bax 14.24
Martitaack,NY 11952
PAYTOTHE
ORDEROE. P w ._:. ..L
" �� ..".. ... � .. .......... ...„�.... DOLLARS
R
aotalone
Mattituck,NY 11952
FOR_. ... .._..w ..-. ,w. ,, "P
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