HomeMy WebLinkAboutCourtenay, Adrian H III
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1000-107 -5-6.3
(f/kla 1000-107-5-p/o 6.1)
Baseline Documentation
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Premises:
7305 Wickham Avenue
Mattituck, New York
20.0 acres
Development Rights Easement
ADRIAN H. COURTENAY, III
to
TOWN OF SOUTHOLD
Deed dated March 9, 1993
Recorded March 16, 1993
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Suffolk County Clerk - Liber 11622, Page 015
. SCTM #: 1000-107-5-6.3
(f/k/a 1000-107-5-p/o 6.1)
Premises: 7305 Wicl\:.ham A YC
Hamlet: J\1attituck
Purchase Price: $190,000.00
($9,500/acre)
Funding: Agricultural Land
Capital Fund
CPF Project Plan: n/a
. Total Parcel Acreage: 22.28 acres
Easement Area: 20.0 acres
SCTM #1000-5-6.3
Set-off Lot (approved in 2002): 2.24 acres
SCTM #1000-107-5-6.4
Set-off area (approved in 2002): 0.04 acre
SCTM #1000-107-5-6.5
(well pump & water tank area)
Zoned: A-C
Existing Improvements: In 1993 - dilapidated
one story frame
. dwelling
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A. DESCRIPTION OF LAND AND IMPROVEMENTS
The subject property is located at the north side of Wickham Avenue 1,017.78
feet northeast of Mill Lane in the Hamlet of Mattituck, Town of Southold, County of
Suffolk, New York. Wickham Avenue is a two lane concrete road. The property consists
of the northwesterly portion of Suffolk County Tax Map parcel 100-107-5-6.1. It has
a slightly rolling topography with an approximate area of 20 acres. As discussed in
Section E, page 3 of this report, sufficient access to the property would be provided by
an access road from the south corner of the Wickham A venue frontage. This access
road would be approximately 250 feet in length. The overall shape of the property is
therefore flag-Shaped, though the acreage portion is roughly rectangular in shape with
an approximate depth of 1,200 feet and a minimum width of 653.85 feet. With regard
to flood hazard area, the subject property is designated as Zone C (area of minimal
flooding), according to Federal Community Panel Number 36081301l2D dated April 17,
1985.
According to the Soil Survey of Suffolk County, New York prepared by the U.S.
Conservation Service, the subject property is located within the Haven-Riverhead
Association (deep, nearly level to gently sloping, well-drained, medium-textured and
moderately coarse textured soils on outwash plains). More specifically, the subject
property is comprised of three soil phases. The majority of the site is designated as
HaS (Haven loam, 2% to 6% slopes) with the balance designated as HaA (Haven loam, 0%
to 2% slopes) and RdS (Riverhead sandy :oam, 3% to 8% slopes). These soils are well
suited for all crops commonly grown in Suffolk County. The hazard of erosion is slight
for the HaA soil and is moderate to slight for the HaS and RdS soils.
The subject property is improved with a dilapidated, one story frame dwelling
having no contributory value. There is a well pump and water storage drum at the
southeast corner of the site. Utilities available include Long Island Lighting Company
electricity, New York Telephone Company, and Cablevision. Reference is made to the
addendum for a copy of the survey.
B. PRESENT USE OF THE PROPERTY
Except for the dilapidated one story frame dwelling, the subject property is
unoccupied, vacant land. The property is currently leased to a local farmer for $2,500
per year ($125 per acre) and utilized for agriculture (potato production).
C. ZONING AND GOVERNMENTAL REGULATIONS OF THE PROPERTY
The subject property is zoned A-C Agricultural Conservation by the Town of
Southold. This zoning district permits agricultural uses and one-family detached dwellings,
not to exceed one dwelling on each lot. The minimum requil'ements for one-family
detached dwellings include a lot size of 80,000 square feet, a lot width of 175 feet, and
a lot depth of 250 feet. The site meets all of the requirements of the ordinance, subject
to the building setback for each individual potential plot. Calculated on the basis of
one plot per 80,000 square feet, the subject property could yield 10 plots. A cluster
development would be required by the Town.
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G. NEIGHBORHOOD DATA
The subject property is located in the Hamlet of Mattituck, Town of Southold,
County of Suffolk, New York. Mattituck is located approximately 72 miles east
of Manhattan. It is bounded by Long Island Sound on the north, the Hamlet of
Cutchogue on the east, Peconic Bay on the south, and the Hamlet of Laurel on
the west.
Mattituck covers an area of approximately 12,200 acres. The area is rural
in nature with the majority of the acreage being utilized for agricultural purposes.
The main farm produces are potatoes, cabbage, cauliflower, and grapes. Vineyards
are a recent agricultural trend due mainly to the area's mild winters and fertile soil.
.
Mattituck is the second most populous hamlet in the Town of Southold. The
population has increased from 3,039 in 1970 to 3,923 in 1980 according to the
United States Census, and Long Island Lighting Company's estimate as of January
I, 1991 was 3,907. The population more than doubles during the summer months.
Approximately 21% of the residences in Mattituck are seasonal/second homes.
Mattituck has its own volunteer fire department, a public library, and two
banks. It is serviced by the Mattituck-Cutchogue School District, the largest in
the Town of Southold, which covers grades kindergarten through 12. The local
newspapers available are the Long Island Traveler-Watchman, The Suffolk Times,
Suffolk Life, and Newsday. The area is serviced by a local taxi company, and
there is a station on the Long Island Railroad's main line with service three times
daily in both directions Monday through Friday (twice daily on Saturday and
Sunday). Bus lines travel to Greenport, the Hamp'.)ns, New York City, and points
in between. '
There are numerous restaurants, a small vivately owned airport, a playhouse,
and numerous marinas. The main shopping area is along Love Lane with the post
office and convenience type stores. There is a shopping center' on the Main Road
which includes a multiplex movie theater, an A &: P supermarket, a Genovese drug
store, a branch of the North Fork Bank and Trust Company, and numerous retail
stores. The west side of the hamlet along the Main Road is gradually becoming
more commercially developed. Recent construction in this area includes a
retail/professional complex and two professional buildings (insurance agency and
newspaper publisher). There is also a recently contructed retail strip center at
the northeast corner of Route 48 and Cox Neck Lane.
The present economic stability of the area is fair. The local schools are
considered to be excellent. There are houses of worship for most major
denominations throughout the area.
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ASSEMBLED TAX MAPS OF SUBJECT PROPERTY
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PHOTOGRAPHS OF SUBJECT PROPERTY
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Looking northeast at Wickham Avenue frontage
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H story frame and stucco dwelling with detached garage
(OUT PARCEL)
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PHOTOGRAPHS OF SUBJECT PROPERTY
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Southwest corner of Wickham Avenue frontage looking northwest
Looking northwest at dilapidated fl'llme dwelling from chain link fence
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PHOTOGRAPHS OF SUBJECT PROPERTY
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Looking northwest from center of chain link fence
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Eastern corner of acreage looking northwest at well pump and water storage drum
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PHOTOGRAPHS OF SUBJECT PROPERTY
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Northern corner looking southeast (6" valve pipe on line)
Northern corner looking southwest
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PHOTOGRAPHS OF SUBJECT PROPERTY
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Western corner looking northeast
Western corner looking southeast
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PHOTOGRAPHS OF SUBJECT PROPERTY
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Southern corner of acreage looking northwest
Southern corner of acreage looking northeast
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THIS AGREEMENT
OPTION AGREEMENT
made this~lfi.<_day of ~ 1992
, between
ADRIAN H. COURTENAY III, residing at 251 West 19th Street,
New York, New York
hereinafter described as the Optionor, and the TOWN OF SOUTHOLD, a
municipal corporation of the Stilte of New York having its office and principal
place of business at Main Road, Southold, New York, hereinafter described as
the Optionee.
WITNESSETH:
1. In consideration of the sum of Ten ($10.00) Dollars, paid by the
::>ptionee, the Optioner does hereby give and grant to the Optionee the
exclusive option, right and privilege to purchase the prSJRiii8!i OIt
development- riqhts to premises at Mattituck, Town of Southold,
Suffolk Coun~Yf New York
7
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and more particularly described in Schedule A annexed hereto, made a part
hereof. and initialed by the parties hereto. ---
2. That this option shall continue in effect until 12 o'clock midnight
on the 60th day after the SouthoJd Town Board holds a public hearing on the
questic;m of the acceptance of this option, as required and provided in Section
25-40 of Chapter 25 of the Southold Town Code. The Optionee represents that
it will hold such public hearing within 45 days from the date hereof. In the
event that the Optionee fails to hold such hearing within 45 days from 'the date
hereof, the Optionor shall have the right to terminate this option by giving
written notice of termination to the Southold Town Clerk.
3. The total purchase price shall beNine Thousand Five Hundred ($9, 5(
Dollars per acre of land, to be paid by the Optionee, if this option is
exercised, as provided in the annexe,'d form of agreement.
4. 'If this option is exercised by the Optionee as herein provided,
the Optionor and the Optionee will respectively as seller and purchaser perform
the obligations set forth in the form of agreement to be performed by the seller
and the purchaser therein, said form of agreement being annexed hereto and
made a part hereof. and marked Exhibit A.
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5. This option is to be exercised by the Optionee by written notice
signed b Y the Optionee and sent by registered or certified mail prior to the
expiration date, to the Optionor at his address set forth above.
6. The deed conveying the Development Rights in the premises shalf
be in the form unnexed hereto and made a part hereof and marked Exhibit B.
IN WITNESS WHEREOF, the parties hereto have executed and
delivered this agreement the day and year first above written.
TOWN OF SOUTHOLD
By ~~i::: l~!-
~ J{ ~:at:
Optionor
ADRIAN H. COURTENAY II
Optionor
Optionor
-2-
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STATE OF NEW YORI<)
ss . :
COUNTY OF SUFFOLKiL-
On this CJ day of
personally came
SCOTT L. HARR.IS
, 19c72- b~fore me
e known, who being by me duly
sworn, did depose and say that he resided <:1t Old ,\lain Road, Mattituck, New
York; thilt he is the Supervisor of the TOWN OF SOUTHOLO, the municipal
corporation described in and which executed the above instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the Town Board of said
corporation; and that he signed his name
"'~i O~"~
Notary Public
f<-R~ ~ A.
STATE OF NEW YORK]
55. :
MATlHEWG.KlEltllH
Nolal, ~.....,HotrYoot
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COUNTY OF " rr~' I: NEW YORK:
On the ~day of June
came ADRIAN H. COURTENAY III
19 92 , before me personally
to me
known to be the individual described
and who executed the foregoing
instrument, and acknowledged that
"\e
executed the same.
55. :
~ ~_ ir:
Notary Public )
ftJDRIAN H. COURTSN:AY
Notary Public, State of" New York
No. 31-0781725
Qualified in INew York County
Commission Expires April 30, 1993
ST A TE OF NEW YORK]
COUNTY OF SUFFOLK]
On the
day of
, 19
, before me personally
came
to be known, who being by
me duly sworn, did depose and say that he resides at
that he is the
of
the
corporation described in and which executed the foregoing instrument; that he
knows the seal of said corporution; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the board of directors
.
of said corporation, and that he signed his name thereto by like order.
Notilry Public
.
SCHEDULE " A I I
ALL that certain plot, piece or parcel of land, with the
buildings thereon erected, situate, lying and being at
Mattituck, Town of Southold, Suffolk County, New.York,
I?ounded and described as follows: . .' . -
BEGINNING at a point on the northerly side of Wickham Avenue
(Old Middle Road, Middle Road) where the easterly side of land
now or formerly of Denis and Sharon Cor rid an intersects the
northerly side of Wickham Avenue, said point of beginning
also being distant easterly 1017.78 feet as measured along
the northerly side of Wickham Avenue from.tne corner formed
by the intersection of the northerly side of Wickham Avenue
and the easterly side of Mill Lane;
.
RUNNING THENCE along said land now or formerly of Corridan,
the following eight (8) courses and distances:
1. North 18 degrees 19 minutes 20 seconds West, 393.09 feet;'
2. South 68 degrees 56 minutes 30 ss~onds West, 50.56 feet;
3. South 42 degrees 03 minutes 20 ~econds West, 32.90 feet;
4. South 8 degrees 24 minutes 50 seconds East, 26.17 feet;
5. South 22 degrees 57 minutes 4C seconds West, 35.41 feet;
6. South 0 degrees 42 minutes 20 seconds West, 20.44 feet;
7. South 11 degrees 20 minutes 20 seconds East, 32.66 feet;
8. South 20 degrees 10 minutes 50 seconds West, 43.55 feet;
THENCE South 70 degrees 08 minutes 40 seconds West, still along
said last mentioned land, and also along land now or formerly
of Robert and Cynthia Ackroyd, 198.78 feet to land now or
formerly of Robert M. Lupton, now or formerly of Frederick E.
Bossert and Margaret B. Bossert;
THENCE North 20 degrees 48 minutes 05 seconds West, along said
last mentioned land 76.43 feet;
THENCE North 20 degrees 40 minutes 45 seconds West, a~ong land
now or formerly of William Satterlee, 789.27 feet;
THENCE North 21 degrees 18 minutes 50 seconds West, still along
said land and also along land of John Sidor, 235.61 feet;
.
THENCE North 22 degrees 07 minutes 30 seconds West, still along
said land of John Sidor, 212.13 feet;
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SCHEDULE " A I I
THENCE North 64 degrees 19 minutes 00 seconds East, along land
now or formerly of Allyn Tuthill, 653.85 feet;
:
THENCE South ,22 degrees 21 minutes 30 seconds East, along land
nOW or formerly of Martin Sidor, Jr. , 1425.18 feet,
THENCE South 21 degrees 54 minutes' 50 seconds East, still along
said last mentioned land, 234.59 fee~ to the northerly side of
Wickham Avenue;
THENCE South 76 degrees 20 minutes 40 seconds West, along the
northerly side of Wickham Avenue, 359.10 feet, to the point or
place of BEGINNING.
Less residential property including house and garage and
constituting approximately 2~ acres to be determined by survey.
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JUDITH T. TERRY
. TOWN CLERK
EGISTRAR OF VITAL ST A TlSTlCS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION \'IAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 20. 1992:
RESOLVED that the Town. Board of the Town of Southold hereby sets 8 :00
P.M., Tuesday, June 16, 1992, Southold Town Hall, Main Road, Southold,
New York, as time and place for a public hearing on the question of the
Acquisition of Development Rights in the Agricultural Lands of the following
properties:
. 1. Barry Berkman & others, nf'rth side of Oregon Road, Mattituck, Tax
Map No. 1000-94-3-3, 28;' acres, $7,500.00 per acre, for a total of
approximately $210,000.orl.
2. Adrian H. Courtenay, III, north side of Wickham Avenue, Mattituck,
Tax Map No. 1000-1 07-5-p/o 6.1, 20 acres, $9,500.00 per acre, for
a total of $190,000.00.
3. Chester, Parker & Betsey Dickerson, west and east side of Youngs
Avenue, Southold Tax Map Nos. 1000-55-1-8 & 1000-55-2-9.1, 62
acres, $6,500.00 per acre, for a total of $403,000.00.
/7../,;/~~
~T. Te~
Southold T own 'CI~~
May 21. 1992
.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
.
NOTICE IS HEREBY GIVEN that pursuant to the provisions of the
Agricultural lands Preservation law of the Town of Southold, constituting
Chapter 25 of the Southold Town Code, the Town Board of the Town of
Southold will hold a public hearing on the 16th day of June.. 1992, at 8:00
P.M.. at the Southold Town I-Iall, Main Road, Southold, New York, on the
question of the acceptance of 9ptions for the acquisition, by the Town of
Southold, of the development rights in the following parcels of agricultural
lands, to wit:
1. A parcel of land owned by
approximately 28 acres, located
Mattituck, New York.
2. A parcel of land
approximately 20 acres,
Mattituck, New York.
Barry
on the
Berkman
& others,
comprising
north
side
of 0 regon
Road,
owned by Adrian H. Courtenay, III, comprising
located on the north side of Wickham Avenue,
3. A parcel of land owned by Chester, Parker and Betsey Dickerson,
comprising approximately 62 acres, located on the west and east sides of
Youngs Avenue, Southold, New York.
FURTHER
NOTICE
IS
GIVEN that
option agreements
of land and the Town
between the
of Southold,
owners of the above described parcels
containing a more detailed description
land, are on file in the Southold Town
of the above mentioned parcels of
Clerk's Office, Southold Town Hall,
.
Main Road, Southold, New York, and may be examined by any interested
persons during normal business hours.
DATED: May 20, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
*
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PLEASE PUBLISH ON MAY 28, 1992,
AFFIDAVITS OF PUBLICATION TO JUOITH
HALL, MAIN ROAD, SOUTHOLD, NEW YORK
ANO FORWARO THREE (3)
TERRY. TOWN CLERK, TOWN
11971.
Copies to the following:
The Traveler-Watchman
The Suffolk Times
Town Board Memb~
Town Attorneys
Land Preservation Committee
Town Clerk's Bulletin Board
.
. <
) )
. PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 16, 1992
8:00 P.M.
ON THE PROPOSED AXQUISITION OF DEVELOPMENT RIGHTS OF AGRICULTURAL
LAND OWNED BY BARRY BERKMAN & OTHERS, ADRIAN H . COURTENAY, III,
AND CHESTER, PARKER AND BETSEY DICKERSON.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman Thomas H. Wickham
Councilman Joseph J. Liz'!wski
Councilwoman Alice J. Hussie
* * *
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
* * *
Absent:
Councilman George L. Penny IV
.
SUPERVISOR HARRIS: At this time we h;:lIe a public hearing on the acquisition
of development rights of agricultural lands owned by Berkman, Courtenay, and
Dickerson. At this time, the proof of verification and publication of such change
public hearing. The Town Clerk will now read that.
.
TOWN CLERK TERRY: "Legal Notice. Notice of Public Hearing. Notice is hereby
given that pursuant to the provisions of the Agricultural Lands Preservation Law
of the Town of Southold, constituting Chapter 25 of the Southold Town Code,
the Town Board of the Town of Southold will hold a public hearing on the 16th
day of June, 1992, at 8:00 P.M., at the Southold Town Hall, Main Road, Southold,
New York, on the question of the acceptance of options for the acquisition, by
the Town of Southold, of the development rights in the following parcels of agricul-
tural lands, to wit: 1. A parcel of land owned by Barry Berkman & others,
comprising approximately 28 acres, located on the north side of Oregon Road,
Mattituck, New York. 2. A parcel of land owned by Adrian H. Courtenay, III,
comprising approximately 20 acres, located on the north side of Wickham Avenue,
Mattituck, New York. 3. A parcel of land owned by Chester, Parker and Betsey
Dickerson, comprising approximately 62 acres, located on the west and east side
of Youngs Avenue, Southold, New York. Further notice is given that option
agreements between the owners of the above described parcels of land and the
Town of Southold, containing a more detailed description of the above mentioned
parcels of land, are on file in the Southold Town Clerk's Office, Southold Town
Hall, Main Road, Southold, New York, and may be examined by any interested
persons during normal business hours. Dated: May 20, 1992. Judith T. Terry,
Southold Town Clerk." I have a notice, that, I as Town Clerk, posted this
on the Town Clerk's Bulletin Board, that it was published in The Suffolk Times,
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?' 2 - PH dev. rights
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and The Long Island Traveler-Watchman. I have a letter, a memorandum, to the
Town Board, at the request of the Town Board from Arthur Ross, Chairman of
Land Preservation Committee, dated May 28, 1992. This is written in response
to the request of the Board for a brief report outlining the selection criteria for
the Moelius, I'll explain, was a hearing we held two weeks ago. Berkman, Courtenay,
and Dickerson parcels, which were recommended to the Board for purchase of
development rights by the Town. In carrying out it's role as advisor to the Board,
the Land Preservation Committee, and it's predecessor committees, has sought
to avoid the restrictions inherent in a list of criteria, which a property must meet
in order to be considered for recommendation to the Board. While I can not speak
for specific decisions of the Farmland Preservation Committee, since it's inception,
Bob Villa, and Gerry Dennahy have shared my concern, that the program not
be subject to challanges on the grounds, that rigid specifications were not met in
each, and every case. At the same time, my colleagues and I, have been mindful
of the need for guidelines, other than appraisal value for our decision making.
This need became all the more evident when applications increased after the voters
approved the renewed Farmland Program in November, 1991. After thorough
discussion we reported a list of factors for committee deliberation, which are
included in the minutes of our meeting of March 10, 1992, which you received.
A copy is enclosed with this letter. These factors are not set in stone. We
expect to change them from time to time, but they serve for the present. Another
prime consideration entered our deliberations on Moelius, Berkman, Courtenay,
and Dickerson properties. All four have been referred on to the County, when
Town funds appropriated on the early program had been exhausted. While the
County purchased many Southold Town farms, these four were among those frozen
in the pipeline of County procedures, and we gave them priority. The Berkman
eighteen acre parcel was selected from two offerings made by the same; owner.
It adjourns a farm on which the County purchased development right~' to thirty-seven
acres. The twenty acre Courtenay property in Mattituck is prime farmland in an
area where several farm families are considering the sale of development rights.
This purchase might be an incentive to go forward. The sixty-two acre Dickerson
parcel was choosen from two offered by this local family. It is east, and west
of Railroad Avenue, otherwise known as Youngs Avenue, north of County Route
48, and may well be the northern boundary of the hamlet of Southold in the future.
I will read the factors for committee deliberation. Their' statute is a bonafide
agricultural production will conserve, protect and encourage the improvement of
prime agricultural lands, both for the production of food and the preservation
of open space. Other, ten acres or more, current production, reasonably accessible
open space factor, resident farmer, probably of development, proximity to other
property under protection from non-farmland use, physical characteristics, and/or
impairment, readily available for transfer, visability, scenic, fertility, soil quality,
and then when have some other data supplied by the Assessors, that is in the
file, and may be examined at any time, as well as information from our accountant
concerning the method, the debt schedule concerning the bond should we purchase
these properties.
SUPERVISOR HARRIS: Thank you. Is there any member of the audience, that
would like to address this Board on this public hearing? (No response.) I f not,
I'll declare this public hearing closed.
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d.-,/d~~~
rMlth'-T. Terry ~
Southold Town Clerk
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JUDITH T. TERRY
.. TOWN CLERK
WREGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765,1823
Telephone (516) 765-180 I
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 16, 1992:
WHEREAS, the Town Board of the Town of Southold entered into option
agreements with (1). Barry Berkman & others; (2) Adrian H. Courtenay,
III; and (3) Chester, Parker & Betsey Dickerson for the purchase of the
development rights in their agricultural lands; and
WHEREAS, the Town Board held a public hearing with respect to said
options on the 16th day of June, 1992, pursuant to the provisions of
Section 25-4 of the Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town
. of Southold acquire the development rights in the agricultural lands set
forth in said option agreements between (1) Barry Berkman & others; (2)
Adrian H. Courtenay, III; and (3) Chester, Parker & Betsey Dickerson;
now, therefore, be it
RESOLVED that. the Town Board hereby elects to exercise the options to
purchase the development rights in the aforesaid agricultural lands owned
by (1) Barry Berkman & others; (2) Adrian H. Courtenay, III; and (3)
Chester, Parker & Betsey Dickerson; and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to give notice of such acceptance to (1) Barry
Berkman & others; (2) Adrian H. Courtenay, III; and (3) Chester, Parker
& Betsey Dickerson; and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is
authorized and directed to execute any and all required documents for the
acceptance of said development rights.
.
~,hJ~
~"T. TerryV'
Southold Town Clerk
June 17, 1992
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consideration paid by the party
DATE .3-15 -13
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SECTION
107.00
BLOCK
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DEVELOPMENT RIGHTS
23:200
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THIS INDENTURE, made this'1 day of //1,4/0(, cl,- 1993,
, ~.-..- .
BETWEEN ADRIAN H. COURTENAY, III, residing at 251 West 19th Street,
New York, New York, party of the first part, and
THE TOWN OF SOUTHOLD, a municipal corporation of the State of New
York, having its office and principal place of business at Main Road, Town of
Southold, County of Suffolk and State of New York, party of the second part.
WITNESSETH
That the party of the first part, in consideration of ten ($10.00)
dollars, lawful money of the United States, and other good and valuable
of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second part,
its successors and assigns forever, the DEVELOPMENT RIGHTS, by which is
meant the permanent legal interest and right, as authorized by Section 247 of
the New York State General Municipal Law, as amended, to permit, require or
restrict the use of the premises exclusively for agricultural production as
that term is presently defined in Chapter 25 of the Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises for
any purpose other than agricultural production, to the property described as
follows:
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Mt,R 16 1993
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ALL that certain plot, piece or parcel of land, situate, lying and
being at Mattituck, Town of Southold, Suffolk County, New York,
bounded and described as follows:
')\~
BEGINNING at a point at the southeasterly corner of the premises
herein described where the same is intersected by the westerly line
of land now or formerly of Martin Sidor Jr., and the northeasterly
corner of land reserved by Adrian Courtenay, III; said point being
the following three distances and courses from the corner formed by
the intersection of the easterly side of Mill Lane and the northerly
side of Wickham Avenue:
1. Easterly along the northerly side of Wickham Avenue
1017.78 feet to a monument;
2. North 76 degrees 20 minutes ~o seconds East, 359.10 feet;
and
3. North 21 degrees 5~ minutes 50 seconds West, 23~. 59 feet
to the true point or place of beginning;
RUNNING THENCE South 71 degrees ~o minutes ~O seconds West,
along the northerly line of land reserved by Adrian Courtenay, III,
338.58 feet to land now or formerly of D. Corridan;
RUNNING THENCE along said land now or formerly of D. Corridan,
the following eight courses and distances:
1. North 18 degrees 19 minutes 20 seconds West, 122.38 feet;
2. South 68 degrees 56 minutes 30 seconds West, 50.56 feet;
3. South ~2 degrees 03 minutes 20 seconds West, 32.90 feet;
~. South 8 degrees 2~ minutes 50 seconds East, 26.17 feet;
5. South 22 degrees 57 minutes ~O seconds West, 35.~1 feet;
6. South 0 degrees ~2 minutes 20 seconds West, 20.~~ feet;
7. South 11 degrees 20 minutes 20 seconds East, 32.66 feet;
8. South 20 degrees 10 minutes 50 seconds West, ~3.55 feet;
THENCE South 70 degrees 08 minutes ~o seconds West, still along
said last mentioned land and also along land now or formerly of
Kavajian, 198.78 feet to land now or formerly of Glisker;
THENCE North 20 degrees ~8 minutes 05 seconds West, along said last
mentioned land 76. ~3 feet;
THENCE North 20 degrees ~O minutes ~5 seconds West, along land
. now or formerly of J. Swain, 789.27 feet;
THENCE North 21 degrees 18 minutes 50 seconds West, still along
said land and also along land of John Sidor 235.61 feet;
THENCE North 22 degrees 07 minutes 30 seconds West, still along
v said land of John Sidor, 212.13 feet;
THENCE North 6~ degrees 19 minutes 00 seconds East, along land
now or formerly of Allyn Tuthill, 653,85 feet;
\..
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THENCE South 22 degrees 21 minutes 30 seconds East, along land
now or formerly of Martin Sidor, Jr., 1359.22 feet to the point or
place of BEGINNING.
;\'-\
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting
the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted
unto the party of the second part, its successors and assigns forever.
AND the party of the first part covenants that the party of the first
part has not done or suffered anything whereby the said premises have been
incumbered in any way whatever, except as aforesaid.
The party of first
. part, as a covenant . 'unning with the land in perpetuity, further covenants
and agrees for the party of the first part, and its heirs, legal
representatives, successors and assigns of the party of the first part, to use
the premises on and after the date of this instrument solely for the purpose
of agricultural production.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production" as defined in Section 25-30
of Chapter 25 of the Southold Town Code is as follows:
"Agricultural Production - shall mean the production for
commercial
products,
processing
purposes of crops, livestock and
but not land or portions thereof
or retail merchandising of such crops,
livestock
used for
livestock
.
f
. i
.
or livestock products. Land used in agricultural
production shall also include fences, equipment storage
buildings, livestock barns, irrigation systems, and any
other structures used exclusively for agricultural
purposes. "
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The party of the first part and the party of the second part do hereby
covenant and agree in perpetuity that either of them or their respective
heirs, successors, legal representatives or assigns, shall only use the
premises on and after this date for the purpose of such agricultural
production ,and the grantor covenants and agrees that the underlying fee title
may not be subdivided into plots by the filing of a subdivision map pursuant
to Sections 265 and 277 of the Town Law and Section 335 of the Real Property
Law, or any of such sections of the Town or Real Property Law or any laws
replacing or in furtherance of them.
.
The word "party" shall be construed as if it reads "parties" whenever
the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the fir ct part has duly executed this
deed the day and year first above written.
~
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STATE OF NEW YORK)
55:
COUNTY OF SUFFOLK)
aj(
On the / day of
;?~t;4A..d,-
, 1993, before me personally came
Adrian H. Courtenay, III to me known to be the individual described in and
who executed
the same.
the foregoing instrument, and acknowledged that she executed
/.1 I "
BRIAN M. AMMAR / ~ / ~ ' ./
NOTARY PUBLIC. STATE OF NEW YORK I,' . V'
NO ".60938 - SUFFOLK COUNTY ,/ / '
COMM. EXPIRES 1iZ19Lj' / v{ _ /
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Correction
DEED
OF
.'
DEVELOPMENT RIGHTS
THIS INDENTURE, made this 9th day of March 1993,
BETWEEN ADRIAN H. COURTENAY, III, residing at 251 west 19th Street,
New York, New York, party of the first part, and
THE TOWN OF SOUTHOLD, a municipal corporation of the State of New
York, having its office and principal place of business at Main Road, Town
of Southold, County of Suffolk and State of New York, party of the second
part.
.
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C>~; cC That the party of the first part, in consideration of ten ($10.00)
::Cb.f2rdlars, lawful money of the United States, and other good and valuable
consideration paid by the party of the second part,
WITNESSETH
DOES HEREBY GRANT AND RELEASE unto the party of the second part, its
succe~~ors and assigns forever, the DEVELOPMENT RIGHTS. by which is meant
the permanent legal interest and right. as authorized by Section 247 of
the New York State General Municipal Law. as amended, to permit. require
or restrict the use of the premises exclusively for agricultural
production as that term is presently defined in Chapter 25 of the Code of
the Town of Southold. and the right to prohibit or restrict the use of the
premises for any purpose other than agriCUltural production. to the
property described as follows:
ThlS is a correction deed
dated 3/9/93 and recorded
course which reads (4) N
being recorded to amend the description in
3/16/93 in liber 11622 ~p 15 by adding the
220 21' 30" West 65.96 feet.
the deed
fourth
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a:JMM)N'lEALTH LAND TI'ILE lNSURANCE aJMPANY
TITLE NO. RH930102
SQ1EDULE A
THE tRnlISES IN WHICH THE lNSURED HAS THE ESTATE OR INl'EREST ())VERED P;{ THIS POLICY
ALL that certain plot, piece or po.rcel of land, situate, lying arrl being in Mattituck,
Town of Southold, Suffolk Comty, NY, bomded and described as follONS:
BEGINNING at a point at the sOltheasterly comer of the prEmises herein described Mlere
the SallE is intersected by the westerly line of larrl nOlI or forrrerly of r.13rtin Sidor
Jr. and the northeasterly corner of land reserved by Adrian Courtenay, III; said point
being the follONing three distances arrl courses fran t.he corner fonred by the
intersection of the easterly side of Mill Lane arrl the northerly side of Wicl<ham
Avenue:
1) Easterly alOIlJ the northerly side of Wickham Avenue 1017.78 feet to a rronunent;
2) .North 76 degrees 20 minutes 40 seoonds East, 359.10 feet; arrl
3) North 21 degrees 54 minutes 50 secorrls West, 234 .59 feet to the true point or place
of beginniIlJ;
4) North 22 degrees 21 minutes 30 secorrls West, 65.96 feet;
RUNNIN:: THENCE South 71 degrees 40 minutes 40 seconds West, alOIlJ the northerly line of
land reserved by Adrian Courtenay, III, 338.58 feet to land nON or forrrerly of D.
Carr idan;
RUNNING TH&"l:E aloIlJ said 1arrl nON or forrrerly of D. Corridan, the following eight
courses arrl distances:
(1) North 18 degrees 19 minutes 20 secorrls West, 122.38 feet;
(2) South 68 degrees 56 minutes 30 secorrls West, 50.56 feet;
(3) South 42 degrees 03 minutes 20 secorrls West, 32.90 feet;
(4) South 8 degrees 24 minutes 50 secorrls East, 26.17 feet;
(5) South 22 degrees 57 minutes 40 secorrls West, 35.41 feet;
(6) South 0 degrees 42 minutes 20 seconds West, 20.44 feet;
(7) South 11 degrees 20 minutes 20 secorrls East, 32.66 feet;
(8) South 20 degrees 10 minutes 50 secorrls West, 43.55 feet;
THEN:E South 70 degrees 08 minutes 40 secorrls West, still alOIlJ said last rrentioned
land arrl also along larrl nON or forrrerly of Kavajian, 198.78 feet to land na.v or
fonrerly of Glisker;
THEN:E North 20 degrees 48 minutes 05 secorrls West, alOIlJ said last rrentione:l. land
76.43 fee t;
THENCE North 20 degrees 40 minutes 45 secorrls West, alOIlJ land nON or forrrerly of J.
Swain, 789.27 feet;
THEN:E North 21 degrees 18 minutes 50 secorrls \'iest, still alOIlJ said larrl aIrl also
(Continued)
.
alorg lam of John Sidor 235.61 feet;
THENCE North 22 degrees 07 minutes 30 secoms West, still alorg said lam of
John Sidor, 212.13 feet;
THENCE North 64 degrees 19 minutes 00 secoms East, alorg lam new or forrrerly
of Allyn TuthilL 653.85 feet;
THENCE South 22 degrees 21 minutes 30 secoms East, alorg lam new or fOrIn2rly
of M:lrtin Sidor, Jr., 1359.22 feet to the point or place of BEGINNJ:N:}.;
.
T03E'IHER with the non-exclusive right, if any, of the party of the first part
as to the use for ingress am egress of any streets am roads abuttir:g the
abOlTe des=ibed premises to the center lines therecf.
T03EI'HER with the appurtenances am all the estate am rights of the party of
the first part in am to said premises, inscfar as the rights granted hermmer
are concerned.
TO HAVE AND TO HOLD the said DEVELOPMENr RlGHI'S herein granted unto the party
of the secorrl part, its successors am assigns forever.
.
Al-ID the party of the first part cO/enants that the party of the first part has
not done or suffered anythj;'9 wlo.ereby the said prEmises have been in::umbered in
any way whatever, except as aforesaid. The party of first part, as a cwenants
runnirg with the larrl in perpetuity, further covenants am agrees for the party
of the first part, am its heirs, legal representatives, successors am assigns
of the party of the first part, to use the prEmises on am after the date of
this instrument solely for the plL."""Pose of agricultural prcrluction.
AND the party of the first part, covenants in all aspects to canply with
Section 13 of the Lien Law, as sane applies with said corweyance.
The definition of "~icultural Prcrluction" as defined in Section 25-30 of
Chapter 25 of the Southald T= Ccrle is a folla.vs:
"~icultural Prcrluction - shall rrean the prcrluction for camrercial
purposes of. crops, livestcck am livestcck prcrlucts, but not lam or
portions thereof used for processirg or retail rrercharrlisirg of such
crops, livestcck or livestcck prcrlucts. Lam used in agricultural
prcrluction shall also include fences, equiprent storage buildir:gs.
livestcck barns, irrigation systEmS, am any other structures used
exclusively for agricultural purposes".
The party of the first part am the party of the secom part do hereby
. CCNenant am agree in perpetuity that either of them or their respective heirs,
.
.
.
11oJ5PG770.
successors, legal representatives or assigns, shall only use the premises on
arrl after this date for the purpose of such agricultural prrouction arrl the
grantoc covenants arrl agrees that the urrlerlyin;;r fee title rray not be
subdivided into plots by the filin;j of a subdivision rrap pursuant to Section
265 arrl 277 of the Tcwn Law arrl Section 335 of the Real Property Law, or arr,r of
such section of the Tcwn or Real Property Law or arr,r laws replacin;j or in
furtherance of them.
The word "party" shall be construed as if it reads "parties" whenever the
sense of this irrlenture so requires.
ill WITNESS WHERmF, the party of the first part has duly execute::'! this deed
the day and year first abole written.
(Jdt;'I-\^ 11- ~^<lAL Tn-
Adrian H. C tenay, III f7
v
STATE OF NEW YORK)
N/=kJ t'e /Jt) SS:
CCUNIY OF ~
On the (~-fda.y of .r 1I Lo( ,1993, before rre personally carre l'drian H.
Courtenay, III to rre to be the. individual described in arrl who executed the
foregoin;j instrurrent, arrl ackncwledged that she executed the saITe.
,,,'^,,,,,,,,,,,,,,, QkJ;L-~
Noli1ry l~ubllc. 5.1013 01 :';,3','j Ye.t, t.
No. 31-0701725 Notary Publ. C
QuoUfh;d in hlcw Yc:-!\ CC:Jn!'j .
Commi8~lon !:xplres Aotil :)0. 19,)5
FOR CDNVEYANC:IN3 ONLY, (Together with all right, title arrl interest of, in
IF INTENDED FOR ())NIlE'lANClNG(and to arr,r streets arrl roads abuttin;j the abOle
(des=ibed premises, to the center line thereof.
.
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107 .5.6.3 473889 S oulhold Active F;/':;: 1 ':;.::hocd' ldaUituck Schoo
8 ~ H Farms LLC. RolI'r'ear: 2007 CurrYr Land rights Land,6,\i: 2,500
7305 Wickham Ave Land Size: 20.00 acres TOt,91.6,\i 2,500
Owner Tolal 1 Taxable Value Miscellaneous
Name 8 ~ H Farms LLC Count~,r 100 E:ook.: 12177
,6.ddl.6,ddr: Muni 100 Page: 182
Street 60 Locust SI ':;chool: 100 t...1ortg
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City: East Idoriches, NY Zip: 11940- ::;chl after St::H: 100 ,6,,-:cJ t.J,-, 14
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WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
I
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
March 12, 2002
Mr. Ernest G. Jung
c/o Smith, Jung & Gillis
120 Medford Avenue
Patchogue, NY 11772
Re: Pro~osed Set-Off for James George and Linda Schaffer
Located on the north side of Wickham Avenue, between Mill Lane & Elijah's Lane
in .Mattituck
. 3CTM# 1000-107-5-6.2 & 6.3 Zoning District: A~C
Dear Mr. Jung:
The following took place at a meeting of the Southold Town Planning Board on Monday,
March 11, 2002:
The public hearing was closed.
The following resolution was adopted:
WHEREAS, James George and Linda Schaffer are owners of the property known and
designated as SCTM#1000-107-5-6.2 & 6.3 on Wickham Avenue, Hamlet of Mattituck;
and
WHEREAS, the applicants propose to set off 2.24 acres (Parcel 1 ) from a 22.28 acre
(Parcel 2); and
WHEREAS, the Town of Southold purchased the Development Rights for 20 acres of
Parcel 2; and
WHEREAS, on June 11, 2001 the Planning Board granted sketch plan approval on the
. map, dated April, 2001; and
WHEREAS, the Planning Board, pursuant to the State Environmental Review Act,
(Article 8), Part 617, performed an uncoordinated review of this unlisted action, made a
. Schaffer - Paqe Two - 2/12/02
determination of non-significance and granted a Negative Declaration on June 11, 2001;
and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold
have been met; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; be it therefore
RESOLVED, that the Southold Town Planning Board grant final approval on the maps,
dated December 12, 2002, and authorize the Chairman to endorse the final surveys.
Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar
maps, which were also endorsed by the Chairman, must be picked up at this office and
filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60)
days of the date of final approval shall become null and void.
Please contact this office if your have any questions regarding the above.
.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
,;
encl.
cc: Land Preservation Committee
Tax Assessors
Building Department
.
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Tax Map Book
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L1Q~ -107 - '5- Ie, '3
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TOWN OF SOUTHOLD PROPERTY RECORD CARD
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OWNER STREET 7305 - -.-.-----
VILLAGE DIST. SUB. LOT
J!'xljj Q 11 Cw ,kf'14-U \N ,Ckhum A-ve ILl a.Jj IIv cf( -----
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, ACR ,;) 0 ~~i';/qS ]x ~ JM ~ 190 ~i1"l
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TYPE OF BLD,
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6/"iIq3-L l/h3 .o770-'-.)f( 10)1rsIoJ0t(1;:ohVWil- dec:d
PROP, CLASS ~/!7'1' A~ ~)( :r:.rd (~ /730) ,;<300/
I-~-q 3:/1j,' " " '/ ~-;2DD
LAND IMP. TOTAL DATE ~J.'kJ(P -:1 "i i) ,sf E'y (4172dJ 2"': 6 0
If If II Z-:::J, a/)'
5000 /} 12.f) . 51Jc (") 1co//4/CJ.3 ':>/i/q't II "I " II zaoo
fl i " :;50 c) ,/ ~//-+ /93 , ,-,
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FRONTAGE ON WATER TillABLE ~OXI2S'
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FRONTAGE ON ROAD WOODLAND
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DEPTH MEADOWLAND
BULKHEAD HOUSE/lOT
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TOTAL
473889 SOUTHOLD
NYSRPS ASSESSMENT INQUIRY
SCHOOL MATTITUCK SCHOOL
PRCLS 129 LAND RIGHTS
DATE: 08/27/2004
ROLL SEC TAXABLE
TOTAL RES SITE
TOTAL COM SITE
ACCT NO 14
1======== ====== ASSESSMENT DATA ===========
I **CURRENT** RES PERCENT
ILAND 2,500 **TAXABLE**
ITOTAL 2,500 COUNTY
**PRIOR** TOWN
ILAND 2,500 SCHOOL
ITOTAL 2,500
==DIMENSIONS ===1======= SALES INFORMATION ==================================
ACRES 20.00 IBOOK 12177 SALE DATE 03/12/02 SALE PRICE 425,000
IPAGE 182 PR OWNER GEORGE JAMES &
=======TOTAL EXEMPTIONS 1 =============1== TOTAL SPECIAL DISTRICTS 4 =====
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE
41720 2,400 04 IFD030
IPK071
IWW020
I SW011
F3=NEXT EXEMPT/SPEC
F6=GO TO INVENTORY F9=GO TO XREF
107.-5-6.3
7305 WICKHAM AVE
tt= OWNER & MAILING INFO
H FARMS LLC
LOCUST STREET
EAST MORICHES NY 11940
===I=MISC
IRS-SS
1 1
1 BANK
100
100
100
F1=NEXT PARCEL
75.10- 03-050
F4=PREV EXEMPT/SPEC
F10=GO TO MENU
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2001 Aerial
SCTM #1000-107-5-6.3
Premises:
7305 Wickham Ave, Mattituck
20.0 acres development rights