HomeMy WebLinkAboutWickham BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson � r� "� 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
,a
Eric Dantes � Town Annex/First Floor,Capital One Bank
Gerard P.Goehringer r1 54375 Main Road(at Youngs Avenue)
Nicholas Planamento � '`'r�;` Southold,NY 11971
7
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD 1
Tel.(631)765-1809 Fax(631)765-9064 J 28; ''t
MEMO
TO: Planning Board
FROM: Leslie K. Weisman, ZBA Chairperson
DATE: July 28, 2017
SUBJECT:. Request for Comments ZBA #7101 —Wickham, John L. & Wickham,
Jonathan
The ZBA is reviewing the following application, and enclosed copies of, ZBA application,
and latest map. The Planning Board may be involved under the site plan review steps
under Chapter 280 (Zoning), and your review and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
NAME TAX # i ZBA HEARING VARIANCE PLANS PREPAR
ER
ZONE DATE DATE
STAMPED
WICKHAM, 103.-11- #7101 11/2/17 280-14 7/2717 John C.
John L. & 21 & Ehlers, Land
WICKHAM, 103.-11- Surveyor
Jonathan 22.1
R80 Zone
Your comments are appreciated by one week prior to above hearing date.
Thank you.
Encls.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: March 15, 2017
RENEWED: May 23, 2017
TO: Wickham
744 Old Pasture Road
Cutchogue, NY 11935
Please take notice that your application dated February,27,.2017
For a permit to combine two lots and create a new lot (lot line change) at
Location of property 744 Old Pasture Road, Cutchogue,NY
County Tax Map No. 1000 - Section 103 Block 11 Lot 21 &22.1
Is returned herewith and disapproved on the following grounds:
Thpr` lac s .d pctrc tio _ rr xit a d.f"tti,Li,!�t to rticle , C 1��� to 2�7 14,m.��N�i1� suites.
"No building or,P Piit s shall be„used and no buildup or part thereof shall be erected or
altered in the A-C,.R- O, R„120, R-200 and R-400 Districts unless the same conformswto,the
BLI]k Schedule acid 1-1 irl<igg, c� Ojicororated into thisc��t�tl�ter with tl�c_sain lbrc(-�and
effect as if such regulations were set forth herein,full.
Fcallcayr rag the proPosecl..k t creation,,the new lot will be no�ac anfornaing in,size,_at 40,,59 square feet_.
Approval from the Southold Town Planning Board is also required.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Depaw t1n�nt
.w
ALItlio w.red S griattires
FORM NO. 3 /*
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: March 15, 2017
RENEWED: May 23,..201.7
TO: Wickham
744 Old Pasture Road
Cutchogue, NY 11935
Please take notice that your application dated February 27, 2017
For a permit to combine two lots and create'anew."191 at
Location of property 744 Old Pasture Road, Cutchogue, NY
County Tax Map No. 1000 - Section 103 Block I I Lot 21 &22.1
Is returned herewith and disapproved on the following grounds:
T e 1ptt q� jpjtoMiicl'i steltq5
CL]
"No building or premises shall be used and no building or p thereof shall be erected or
... .......................................—
altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the
-. .............................
Milk Schedtfle ipto, tlijs_chap.�!�r With die swrie 1-,(,,)I-cc �Itld
effect as if such reguiaiions were"setforth herein full
................. ............--............
FollowingtJ11c lot. crcatioii ffic iic\v lot will be tiopcon ornd'tig i1i size, ,it 4Q,-�� %,Iaivfiect,
i
A aTiqj XBoLfl-djs_t [so,...i " uji-ed,
f
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building J)epitrtn'ient.
-------------
III 2 -
.d
LAW OFFICES
WICKHAM, BRESSLER& GEASA, P.C.
13015 MAIN ROAD,P.O.BOX 1424
MATTITUCK,LONG ISLAND
ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02)
ABIGAIL A. WICKHAM
JANET GEASA 631-298-8353
TELEFAX NO.631-298-8565
awickham@wbglawyers.com
July 24, 2017
To of Southold Zoning Board of Appeals
53095 Main Road, Post Office Box 1179
Southold, New York 11971
Re: Property owned by John L. Wickham and Jonathan Wickham
Premises: 744 Old Pasture Road, Cutchogue, NY 11935
SCTM# 1000-103-11-21 (House), 22.1 (Garage), 22.2 (Farm)
Ladies and Gentlemen:
John L. Wickham and Jonathan Wickham own a parcel of just under 6 acres, on
which they sold the Development Rights to 5.36 acres to the County of Suffolk. They
retained a 16,877 sf parcel containing a two car garage. The garage parcel adjoins the
undersized 23,719 sf parcel owned by John L. Wickham, which contains his pre-existing
residence. The parties wish to transfer the garage parcel from the farm parcel to the house
parcel. Since the very undersized house parcel will remain undersized after the transfer, at
40,000 square feet in an R-80 Zone, the Town Code, in one of its less sensible
pronouncements, requires a variance to make the small lot bigger but not big enough.
Following this variance proceeding, the applicant will seek a resubdivision approval from
the Southold Town Planning Board.
Accordingly, we enclose the following papers, in nine sets, in connection with the
Notice of Disapproval dated March 15, 2017, renewed May 23, 2017:
1. Original Notice of Disapproval dated March 15, 20176, renewed May 23, 2017,
together with copy of application.
2. Owner's Authorization of Agent.
3. Application to Southold Town Zoning Board of Appeals and copy of CO;
4. Applicant's Project Description with photos and Questionnaire;
5. Transactional Disclosure Forms for owner and agent;
6. Original Survey;
7. Agricultural Data Statement;
8. Town Property Card and Tax Map
9. LWRP Consistency Assessment Form;
10. Short Environmental Assessment Form;
11. Appeal fee of$500.00;
12. Copy of recorded Deed of Development Rights to Suffolk County for Tax Lot 22.2.
Please schedule this matter at your next available hearing. Thank you for your
consideration.
V-r
AA Wldm AI)ig,,61 A. Wickham
encl.re1w1shdzbaav Wickharn.,11,
TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL
Board of Health
SOUTHOLD,NY 11971 4 sets ofBuilding—
Ptlansm�....-.
TEL: (631)765-1802 Planning Board approval
FAX: (631)765-9502 Survey.
SoutholdTown.NorthFork.net PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
C.O.Application
Flood Permit
Examined 20 Single&Separate
Storm-Water Assessment Form
Contact:
Approved20 Mail to; Lax-=_
Disapproved a/c
1 ` Ari -.
PP _.
_ ._ . ..
._....__ _ Phone:63i 2q19 13as:31
Expiration —.20— CLW 1 Ck1na yrQ L,0)0 IGt W Lt evS.C O iN�
___gilllng Inspector
APPLICATION FOR BUILDING PERMIT
Date .l C ,201_
INSTRUCTIONS
a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans,accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas,and waterways.
c.The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an
addition six months.Thereafter,a new permit shall be required.
APPLICATION IS HEREBY MADE to the.Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or
Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and fo admit
authorized inspectors on premises and in building for necessary inspections.
t;
r
zgnatture of applicam or name,if a corporation)
iMailin,g address of appi:cant)
State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder
Name of owner of premises-7o_'7n L. LA/�ckl,am i no n—6 3 -Z
(As on the tax roll or latest deed)
If applicant is a corporation,signature of duly authorized officer
.... _._
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No. _-
Other Trade's License No.
1. Location of land on which propo^ d work will be done:
-7 IN Z21dHouse'I°3 nnber Str ee�t � __..� +:a
I�Iamit.
CountyTax Map No. 1000^ Section O A Bloch _ Lot
Subdivision File¢Map No. Lot
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ��
b. Intended use and occupancy A's� /
3. Nature of work(check which applicable):New T3u'rldinge mm Addition Alteration
Repair _IT Removal Derrmlitiota www Other Wczak —
4. Estimated Cast Fee (Description)
(To be paid on filing this application)
5. If dwelling,number of dwelling units Nwnber of dwelling units on each floor
If garage, number of cars "'
6. If business,commercial or mixed occupancy,specify nature and extent of each type of use.
7. Dimensions of existing structures,if any:From.. Rear Depth IT
Height.. lumber of Storles
Dimensions of same structure with alterations or additions: Front Bear
DelatltHelg1l �......_ _ ( umber - ........ ........of Stories ..m............
8. Dimensions of entire new construction:Front, __�F.eaa� Depth
Height__.__.--Number_, .• v_—Number of Stories _. ....
9. Size of lot:Front—,—Rear Depth
10.Date of Purchase Name of Former Owner
11.Zone or use district in which premises are situated AI 7 ` .
12.Doe's proposed construction violate any zoning law,ordinance or regulation?YES_NO
13.Will lot be re-graded?YES_NO 'Will excess fill be removed frorn premiscs')YES N0�-'
l r°a L, l rc h m ✓ 1175Z�1 r r rrrr,l?.v
14.Names of Owner of premises ��r„� a6c°tress ' ,r )xr �Phone No.
Addaess yrya �, Z.TL2hone No
Name-of Architect
Name of Conuactor- Address � Phone No.
15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES ✓NO
*IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED.
b.Is this property within 300 feet of a tidal wetland?*YES ✓NO
*IF YES,D.E.C.PERMITS MAY BE REQUIRED.
16.Provide survey,to scale,with accurate foundation plan and distances to property lines.
17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.
18.Are there any covenants and restrictions with respect to this property?*YES ✓ NO
*IF YES,PROVIDE A COPY. Sv
STATE OF NEW YORK) U
SSS:
COUNTY OF
ame f ivCdu ai signing above named, duly sworn,deposes and says that(s)he is the applicant
(N g g ) ,
( ) %_
�� -
(S)He is the, _ (Contractor,
__,.,,W. ..
( ctor,Agent,Corporate Offl=,etc.)
of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be
performed in the manner set forth in the application filed therewith.
Swo d;before me this �p
`�x day of 20
Nota d1'lsltiPicu3oart tl�' ,1@ d � vt�
rY O y�oubOt tt ate of N w YorkSignature ofApplicant
raliflcd in Suffolk COUnty
ormilission Expires Aug. 16,20JI
AUTHORIZATION
I, JONATHAN WICKHAM, the owner of the property identified as identified
as SCTM#s1000-103-11-22.1 &22.2 together with John L. Wickham, in Cutchogue,
New York, hereby authorize our attorney,Abigail A. Wickham, Esq., of Wickham,
Bressler& Geasa, P.C., or any of them, to act as our agent and handle all necessary
work involved in the Re-Subdivision/Lot Line Modification approval process of our
properties located w'726 & 744 Old Pasture Road, Cutchogue,New York 11935 with
the Town of Southold Planning Board, Zoning Board of Appeals and Suffolk County
Department of Health Services and any other agency having jurisdiction over these
properties.
Dated: AprilO, 2017
t,,.N.,, Jonathan Wickham
STATE OF TEXAS:
COUNTY OF 4(114_1'
On this ;�? day of April, in the year 2017, before me, the undersigned, a Notary
Public in and for said State, personally appeared Jonathan Wickham,personally known
to me or proved to me on the basis of satisfactory evidence that he executed the same in
his capacity and that by his signature on the instrument, the individual, or the person or
entity upon behalf of which the individual acted, executed the instrument, and that such
individual made such appearance before the undersigned in //ti./'
in the State of Texas. (insert city)
Notary Public
t` MIKE L.HILL
re/arrlho)•i:so:rtholdloivni•e-suG2017 " My Notary ID#124953060
;�.
001 Expires June 10,2020
Board of Zoning Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
_ residing at —?06
(Print property
rP
rty owner's name) (MailingAddress)
2-,do hereby authorize
W
(xet�t)
mm to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
''(Owner's Signature)
Voh��v7 U ��_ .
(Print Owner's Name
0711912017 12:47 WICKHAM BRESSLER (FAX)631298 8565 P.0041005
AUTHORIZATION
I, JOHN L. WICKHAM, the owner of the property identified as identified as
SCTM#sl000-103.1122.1 &22.2 together with Jonathan Wickham, in Cutchogue,
New York, hereby authorize our attorney, Abigail A. Wickham, Esq., of Wickham,
Bressler& Geasa, P.C., or any of them,to act as our agent and handle all necessary
work involved in the Re-Subdivision/Lot Line Modification approval process of our
properties located at 726 & 744 Old Pasture Road, Cutchogue,New York 11935 with
the Town of Southold Planning Board, Zoning Board of Appeals and Suffolk County
Department of Health Services and any other agency having jurisdiction over these
properties.
Dated: July , 2017
John L. Wickham
STATE OF MARYLAND:
r :ss.:
COUNTY OF 'Ftw.dr� :
On this_1T 'day of July, in the year 2017, before me, the undersigned, a Notary
Public in and for said State,personally appeared John L. Wickham,personally known to
me or proved to me on the basis of satisfactory evidence that he executed the same in
his capacity and that by his signature on the instrument,the individual, or the person or
entity upon behalf of which the individual acted, executed the instrument, and that such
individual made such appearance before the undersigned in 154 4. a"
in the State of Maryland. (insert airy)
NotaryITITPublic oar Www
PublIc
4.
re/a:rlliorizsozrtholdtownre-sub2Ol7
07119/2017 12:47 WICKHAM BRESSLER TAX)631298 8565 P.002l005
Board of Zoning Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
L . Y V I4 wv L., re iding at j � -
I, O 1,11 G. _.._aS•� 1 ?S� a�.
(Print property owner's name) (Mailing Address)
do hereby authorize (Ab14 uit)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
(Owner's Signature)
(,Print Owner's Name)
Pee: $ Filed By:_ Assignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
AREA VARIANCE
House No. 744 Street Old Pasture Road Hamlet Cutchogue
HOUSE: SCTM 1000 Section 103 Block 1 Lot(s) 21 Lot Size 23,719 sq ft
GARAGE: SCTM 1000 Section 103 Block 1 Lot(s) 22.1 Lot Size 16,877 sf
FARM: SCTM 1000 Section 103 Block 1 Lot(s) 22.2 Lot Size 5.36 acres
Zone House: R-80 Farm, Garage: AC
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED March 15, 2017, renewed May 23, 2017 BASED ON SURVEY/SITE PLAN DATED
July 21, 2016
Applicant(s)/Owner(s): House, Tax Lot 21: John L.Wickham, 11752 Harford Road, Glen Arm,
MD 21057;
Farm and Garage, Tax Lots 22.1, 22.2: John L. Wickham; and Jonathan Wickham, 2056 S 1H-45,
Wilme,TX 75172
Mailing Address: See above
Telephone: 631-298-8353 Fax: 631-298-8565 Email: mlwickham@gmail.com
NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,
architect, builder,contract vendee,etc. and name of person who agent represents:
Name of Representative: Abigail A. Wickham for (X) Owner()Other:
Address: PO Box 1424 13015 Main Road, ttitc 11952
Telephone: 631-298-8353_Fax:_631-298-8565 Email: awickham@wbglgMers.com
Please check to specify who you wish correspondence to be mailed to,from the above names:
() Applicant/Owner(s), (X) Authorized Representative, () Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED
July 21, 2016 and DENIED AN APPLICATION DATED February 17, 2017 FOR:
(X) Building Permit
() Certificate of Occupancy () Pre-Certificate of Occupancy
() Change of Use
( ) Permit for As-Built Construction
() Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by
numbers.Do not quote the code.)
Article: IV Section: 280-14 Subsection:
Type of Appeal. An Appeal is made for:
(x) A Variance to the Zoning Code or Zoning Map.
() A Variance due to lack of access required by New York Town Law- Section 280-A.
() Interpretation of the Town Code,Article Section
0 Reversal or Other:
A prior appeal () has, (X) has not been made at any time with respect to this property,
UNDER Appeal No(s). Year(s).
(Please be sure to research before completing this question or call our office for assistance)
Name of Owner: ZBA File#
1
REASONS FOR APPEAL (Please bespecific, additional,sheets maybe used with preparer's
signature notarized):
1. An undesirable change will not be produced in the CHARACTER of the
neighborhood or a detriment to nearby properties if granted, because:
Tax Lot 21, the residence parcel, will be considerably larger than at present.
There is no other land available to make it bigger. The 16,877 sf area of Tax Lot 22.1,
which was reserved when the developments rights to the farm were sold to the County of
Suffolk, is being transferred to the house parcel.
The applicants have vastly improved the neighborhood. By selling the
development rights to the waterfront farm parcel, 22.2, they have eliminated one or more
building parcels on the creekfront.
2. The benefit sought by the applicant CANNOT be achieved by some method feasible
for the applicant to pursue, other than an area variance, because:
Tax Lot 21 cannot get bigger any other way. There is no other adjoining
available land.
3. The amount of relief requested is not substantial because:
The residential lot is now very undersized. This change will almost double it.
4. The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
No visible change will occur.
5. Has the alleged difficulty been self created? Yes, or { X No Why:
Tax Lot 21 is a pre-existing non conforming lot.
Are there any Covenants or Restrictions concerning this land? No {X I Yes (please
furnish a copy) Development Rights Deed on Tax Lot 22.2
This is the MINIMUM that is necessary and adequate, and at the same time preserve and
protect the character of the neighborhood and the health, safety and welfare of the
community.
............... .......... ..........
Si2!fl-tL11-e Of Ariz
pplicant or Authoed Agent
'A��A4
?,ent must submit written Authorization from Owner)
Swor.1i,to before me this
diiy of July, 2017
...............
N61-,ary Public
DONNA McGAHAN
Notary Public, State of New York
No. 0IMC4851459
Ouallfied in Suffolk County
Commission Expires Aug. 18, 2019'
2
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No 219331Date 5EPEMBER 41990
. ....��..,.� ...., .�...�.T , ....._
THIS CERTIFIES that the building REPAIR
Location of Property—ty m..._ '7421 OLD PASTURE COAD� CUT OC�UB�'
House No. Street H let
County Tax Map No. 1000 Section„ 103 Block 11 Trot 21
Subdivision Filed Map No._,.,-Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated® JULY 271.9990 p�ar � int to which
Building Permit No..-.1928.9Z elated AUGUST 2, 1990
was issued, and conforms to all. of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is- REPAIR DAMAGECAUSEDBY FIRE.
The certificate is issued to-JAMES P. WICKHAM
(owner) �• �
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE
PLUMBERS CERTIFICATION DATED N A
�� �_._.... .,.. �
a� ✓ OL'-
. _
Building Inspector
ctor
Rev. 1/81
APPLICANT'S PROJECT DESCRIPTION
APPLICANT:U6-hn L ' W i r-khetm - fona�ha>7 WIi /�Aah,\DATE PREPARED: 7 l�
1. For Demolition of Existing Building Areas
Please describe areas being removed: rdj/
H.New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension:
Dimensions of new second floor:
Dimensions of floor above second level: �._.
Height(from finished ground to top of ridge):
Is basement or lowest floor area being constructed?If yes, please provide height(above ground) measured from
natural existing grade to first floor:
M.Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary). Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
V.Purpose of New Construction:
VI. Please describe the land contours (flat,slope %,heavily wooded, marsh area, etc.) on your land and
ow it relates to the difficulty in meeting the code requirement(s):
Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for
new construction, and photos of building area to be altered with yard view.
4/2012
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QUESTIONNAIRE
FOR FILING WITH YOUR Z APPLICATION
A. Is the subject premises listed on the real estate market for sale?
Yes No
& Are there any proposals to change or alter land contours?
No Yes please explain on attached sheet.
C. 1.)Are there areas that contain sand or wetland grasses?
2.)Are those areas shown on the survey submitted with this application?
3.)Is the property bulk headed between the wetlands area and the upland burntn9
area? /�o-
4.)If your property contains wetlands or pond areas h ii contacted the Office of
the Town trustees for its determination of jurisdiction? Please confirm status
of your inquiry or application with the Trustees: il lndxlik=�
and if issued,please attach copies of permit with conditions atm approved survey.
D. Is there a depression or sloping elevation near thl area of proposed construction at or
below five feet above mean sea level? A):5
E. Are there any patios, concrete barriers, bulkheads oy fences that exist that are not
shown on the survey that you are submitting? /\/o Please show area of the
structures on a diagram if any exist or state none on the above line.
rr
F. Do you have any construction taking place at this time concerning your premises if
yes, please submit a copy of your building permit and survey as approved by the Building
Department and please describe:____-__________
G Please attach all pre-certificates of occupancy and certificates of occupancy for the subject
premises. If any are lacking,please apply to the Building Department to either obtain them
or to obtain an Amended Notice of Disapproval.
H. Do you or any co-owner also own other land adjoining or close to this parcel?
If yes,please label the proximity of your lands on your survey.
I. Please list pT-eseii't tise or operations conducted at this parcel 10
and the proposed use IQIS4�'Z
exisl 4?oscd: same with
I or other) (ex: �?rnfly A(I
garage,
Atidi zed signature and Date
SOUTHOLD TOWN ZONING BOARD OF APPEALS &
Southold Planning, Department
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: John_ L. Wickham
Last,First, middle initial
unless you are applying in the name ofsomeone else or other entity, such as a company. Ifso,
indicate the other person's or company's name.
Nature of Application: (Check all that apply)
Subdivision or Re-subdivision X Site Plan
Other(Please name other activity) Variance
__X_
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 ....W..__.__ ......._�..�
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 eday of SEF�-2016
Signature
l..
Print Name John L. Wickham
Disclosure Form
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
!]LCLI_q,)YRAL-S_qL�t 110 1_d'l(—'Od tkLKII_iiqjp pro Lit b i s!LO 11 qic ts o f i n Le u.,2LI-111!�U)_."r(�Q Lt 0_%yno I f—cm-an_Lq.,an a_10-y-o-n-1 11 c_V 11 m_u_�
RLLI�Lls—forin-L15 L —
_Lq 11!��Vl d q i n ro r n I a LL�uuyyh ic I%c a_n.alert tI ie gr in f�.t t 9
,n
s� _qs
necessn
11-9mar
YOUR NAME:
(Last name,first name,'filid cl�j e initial,unless you are app�yjrjg in the na me orsomeone else or other entity,such as a
company.if so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of ZoneCoastal Erosion
Approval of Plat............. Moo
Other(activity) ring
Planning
Do you personally(or througil youl-collipany,spouse,sibling, parent, or child) have a relationship with any officer
01'CMP1031CC of thcTONvii of Southold? "Relationship"includes by blood,marriage, or business interest. "Business
interest" inctins a business, including a partnership,in which the town officer or employee has even a partial
ownership of(or eniployrnent by) 2 corporation in which the town officer or employee owns more than 5% of the
Shares.
YES NO
If No,sign and date below. If YES,complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.
Either check the appropriate line A) through D)and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
— A)the owner of greater that 5% of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
—B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
—C)an officer,director,partner,or employee of the applicant;or
—D)the actual applicant
DESCRIPTION OF RELATIONSHIP
... ............................
Submitted this day o 20
Signature
Print Name-
AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
TL" Ir rvPu taf ooim0it l _s ode of Ethics prohibits conflicts of interest on the part ofto
and-cm)
L_l_qycqs.
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 : 4qtr' X
FL.st_na.,�,first naml�piddle 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.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
—---------
Change of Zone.,,— Coastal Erosion
Approval of Plat Mooring
Other (activity) Planning,
Do you personally(or through your company,spouse,sibling, parent, or child) have a relationship with any officer
or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business
interest" means a business, including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the
shares.
YES NO
If No,sign and date below.If Yes, complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person ...............
Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee.
Either check the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
— A)the owner of greater that 5% of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
—B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
—C)an officer, director,partner, or employee of the applicant; or
_D)the actual applicant
DESCRIPTION OF RELATIONSHIP
.......................
Submitted this
day of 20
Signature
Print Name
'AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use
permit, site plan approval, use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agricultural district.
All applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Municipal
Law.
1. Name of Applicant: John L. Wickham, Jonathan Wickham
2. Address of Applicant: 11752 Harford Road, Glen Arm, MD 21057;
2 056 S 11-1-45, Wilme,TX 75172
3. Name of Land Owner (if other than Applicant): Same
4. Address of Land Owner: Same
5. Description of Proposed Project: Application,for variances for insufficient lot size after
yqn,, fejring, snia]I nortioll S all L1ndcrsized.,1.2,irqg1
6. Location of Property: (road and Tax map number) 744 Old Pasture Road, Cutchogue, NY
11935 1000-103-11-21,22.122 2
7. Is the parcel within 500 feet of a farm operation? fXJ Yes { } No
8. Is this parcel actively farmed? {X} Yes f I No
9. Name and addresses of any owner(s) of land within the agricultural district containing
active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning
Board Staff, it is your responsibility to obtain the current names and mailing addresses from the
Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1. 1000-103-11-23 and 1000-103-11-1.2 and 1000-102-6-20.2 and 102-6-23.2: Wickham's
Fruit Farm, LLC, 28770 Route 25, Cutchogue NY 11935
2. 1000-103-11-23 and 1000-103-11-1.2and 102-6-232. C.",01,11ity 01'S11,fY,6lk_(oW1leJ-01,
,
' 1
F)j�q, glept Ri it -,ee Deniiiswl 13161 ling, 100 Veterit as
Meniorial I igLiway
Box 6100, Hauppauge,NYJ1788
1 1000-1 03-11-19 1 Eric J. Bressler and Abi
-gaAll AI.-)KJ!;*hqn PO Box 1424 ,qttitp ,�,
NY 11952
(Please useAlie back of this 1xi 3,e if there are additional property owners)
..
)et ..............
0 (7
,
Siliii"'Itt.tre OfApplicant Date
Note;
1. The local Board will solicit comments from the owners of land identified above in order to
consider the effect of the proposed action on their farm operation. Solicitations will be made by
supplying a copy of this statement.
2. Comments returned to the local Board will be taken into consideration as part as the overall
review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property
owners identified above. The cost for mailing shall be paid by the Applicant at the time the
application is submitted for review.
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C .• " " NO
JOHN L. WICKHAM/JONATHAN WICKHAM —Proposed Resubdivision
744 Old Pasture Road, Cutchogue, NY 11935
SCTM#1000-103-11-21 (house), 22.1 (garage), 22.2 (Farm)
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1.All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.This assessment is
intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located 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 achievement of
the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be
analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum
extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the 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(southoldtown.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— 103-11-21, 22.1, 22.2
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. Building Dept. X Board of Trustees ZBA X
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency
regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
X (c) Permit, approval, license, certification:
Nature and extent of action:
Moving lot line to remove garage parcel (22.1) from farm parcel (22.2) and attach to house parcel
(21) .
Location of action: 744 Old Pasture Road, Cutchogue,NY 11935
Site acreage: 23,719 sf house; 16,877 sq garage; 5.36 acres, farm
Present land use: Residence and Vacant/agricultural
Present zoning classification: House: R-40; Garage and Farm: AC
2. If an application for the proposed action has been filed with the Town of Southold agency, the
following information shall be provided:
(a)Name of applicant: John L. Wickham and Jonathan Wickham
(b) Mailing address: 11752 Harford Road, Glen Arm, MD 21057; 2056 S 1H-45, Wilme,TX 75172
(c) Telephone number: Area Code (631) 298-8353 (Abigail Wickham)
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
NO
If yes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community
character, preserves 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. This project seeks to remove the unrestricted buildable
area from a farm parcel to which development rights have been sold and add it to the adjoining
undersized residence
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III—Policies Pages 3 through 6 for evaluation criteria
Yes No (Not Applicable) Not Applicable
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
Yes No (Not Applicable) YES As what will essentially be a side yard to the residence, the
ability to build on the parcel being transferred is reduced.
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See
LWRP Section III—Policies Pages 8 through 16 for evaluation criteria
Yes No (Not Applicable) NOT APPLICABLE Structures are in Zone X
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section III—Policies Pages 16 through 21 for evaluation criteria
Yes No (Not Applicable) YES This will remove a buildable area from the farm parcel,
potentially reducing density..
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies;
Pages 22 through 32 for evaluation criteria.
Yes No (Not Applicable) Neutral
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III—
Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38
for evaluation criteria.
Yes No (Not Applicable) Neutral
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for
evaluation criteria.
Yes No (Not Applicable) YES—Prevents construction of an agricultural building on the garage
parcel.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and
public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46
for evaluation criteria.
Yes No (Not Applicable) NOT APPLICABLE
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent
uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation
criteria.
Yes No (Not Applicable ) 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 NOT APPLICABLE The farm is already protected.
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
Yes No (Not Applicable)— NOT APPLICABLE
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part I-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 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.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part
...I..._...Project and Sponsor Information
LJohn L.Wickham and Jonathan Wickham
... ..................I..._................... .....................a.. ..._...._.
Name of Action or Project:
ReSubdivision
........... .......... . _...
Project Location(describe,and attach a location map):
744 New Suffolk Avenue,Cutchogue,NY 11935 SCTM#1000-103-11-21,22.1,22.2
Brief Description of Proposed Action:
Variance application for insufficient area of an undersized parcel which is being increased in size but not to area required by Code.
23,719 sf parcel adding 16,877 sf,which is being removed from a 6 acre parcel.
�... _ __ .... .. ......,,,.
Name of Applicant or Sponsor: Telephone: 631-298-8353
JOHN L.WICKHAM;JONATHAN WICKHAM E-Mail: ...r,.........�..._._
awickham @wbglawyers.c�m
Address:
c/o Abigail A.Wickham,Esq.,PO Box 1424, 13015 Main Road
..........._. __. .. ..... _..._._..............._
City/PO: State: Zip Code:
Mattituck NY 11952
I.Does the proposed action onlyinvolve the legislative. ... ......,
' adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that El
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other overnmental Agency?
NO Y.E....S
If Yes, list agency(s)name and permit or approval: ❑
Southold Town Zoning Board of Appeals-variances; Suffolk County Department of Health Services-approval of sanitary
!system,water supply and waste water system;NYS DEC-wetlands permit.
3.a.Total acreage of the site of the proposed action? � 6_acres
b.Total acreage to be physically disturbed? less than 1 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 6 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑Industrial [:]Commercial 0Residential(suburban)
❑Forest OAgriculture []Aquatic ❑Other(specify):
❑Parkland
....... ,,, _ _...._
Page 1 of 3
proposed 5. Is the ro . ._.
p p action, NO YES N/A
a.A permitted use under the zoning regulations? El
b.Consistent with the adopted comprehensive plan?
6. Is the proposed action consistent with the predominant g
character of the existing built or natural NO YES
.. .❑landscape?
7. Is the site of the ....p........................_ .�._ .'........�.........J mm
ro osed action located in or does it adjoin,a state listed Critical Environmental Area. NO YES
If Yes,identify.1 ecq nlc Baily and Environs El Z
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 7
E
....... ................._.. ..........
9.Does the proposed action meet or exceed the state energy code requirements? NO i YES
IN,,oha�I�iocable posed action will exceed requirements,describe design features technologies:
and� El '
10. Will the proposed action connect to an existing public/privateWwaterm supply? NO YES
If No,describe method for providing potable water
11.Will the proposed action connect to existing wastewater utilities. NO YES
If No,describe method for providing wastewater treatment: L
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? ✓❑
b.Is the proposed action located in an archeological sensitive area? a M i
TT
wetlands or other waterbodies regulated by a federal,state or local agency
13.a.Does an portion of the site of the proposed action,or lands adjoiningproposed rop osed action,contain NO YE
YJ
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑✓
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: mm
14. Identi the typical habitat types that _..
Identify typ' yp occur on,or are likely to be found on the project site. Check all that apply:
m Shoreline ❑Forest m Agricultural/grasslands ZEarly mid-successional
m Wetland ❑Urban m Suburban
_.. _ ..... _m.. ......................
15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES
by the State or Federal government as threatened or endangered? ❑✓
_._..... W_........._.....
16.Is the project site located in the 100 year flood plain? NO YES
. - . _ -----
-
T
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? 71 NO ❑ ZYES L�JI
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: NO YES
storm.slater from roof runoff w4ll he directed to dry wplls Topography of pmperty is flat and run off to ndioining properties
does not occur.
Page 2 of 3
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: m ✓
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES '
solid waste management facility?
If Yes,describe: -.....m ... .._....... _.. ✓
20.Has the site of the proposed action oran
_............. ppert... ...._E
p p n adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe: _._ .. _ ✓ 11
_. ......... _..
I AFFIRM THAT THE INI!OIL'uVIA; ION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: ✓ ° Date: 017
Signature: ,A_b!gaf1 A Wickham tg it ,....
PRINT FORM Page 3 of 3
/o 01.60 - 8
�-1�er IZb �0
DEED -P
OF y
DEVELOPMENT RIGHTS l 1
THIS INDENTURE,made as of the 3" day of April,2012
BETWEEN JONATHAN WICKHAM residing at 2056 S IH-45,Wilmer,Texas 2
75172 and JOHN L.WICKHAresiding at 11752 Harford Road,glen Arm,Maryland �.Z
M,
21057, PARTY OF THE FIRST PART,
AND the COUNTY OF SUFFOLK,a municipal corporation ofthe State ofNew York,
having its principal offices at 310 Center Drive,Riverhead,New York 11901,PARTY OF THE
SECOND PART,
WITNESSETH,that in accordance with Article XII of the Suffolk County Charter,as
vended and effective December 1, 2007, and pursuant to Chapter 8 of the Suffolk County
Code,and in accordance with Resolution No.285-1981,as amended,Resolution No.405-2001
d Resolution No.87-2011 of the Suffolk County Legislature,all on file with.the Clerk ofthe
Suffolk County Legislature,that the PARTY OF THE FIRST PART,in consideration ofFOUR
Ef NDIMD THIRTY FOUR THOUSAND ONE HUNDRED SIXTY EIGHT and 10/100
$434,168.10) and other good and valuable consideration paid by the PARTY OF THE
,SECOND PART, DOES HEREBY GRANT AND RELEASE unto the PARTY OF THE
SECOND PART,the successors and assigns ofthe PARTY OF THE SECOND PART forever,
,FM, DEVELOPMENT RIGHTS ble which is meant the ermartent le al interest and right, as
uthon ed y X247 of'thc e Y rk St, t'G rcral Muni,ciml Law as z ended w
1ti-181 of the Courrt of Sufiol, as amended, to errnit, r wire or rtrit-t tlae use of the r
rrernises exclusively fgtt ull prutio�r,a lhatermmrns dcltncd in Local Law 16 k9'8'1 of
t aun Su4folk,as ar terri the 6"ht t r v. en spatftat t r1t is defra el in',
247 of the Nevr r Lot Crenerral Municipal Law,as amend danal the right to roltil�it c
restrict the use of the premises for « rpoose t,bu—ihn-agd pwducb e
TMpro perty described as follows:.
ALL that piece or parcel of land,situated in the Town of Southold, County of Suffolk,
rd.State of New York,more particularly bounded and described as follows:(see description
hexed hereto and made a part hereof):"
BEING AND INTENDED to be part of the same premises conveyed by deed dated
November 25, 1994 from James Parker Wickham Jr. and Laurence C. Breaker to Jonathan
Wickham and recorded October 15 1994 in Liber 11706, said parcel,further identified by
Suffolk County Tax Map No. 1000-103.00-11.00-022.000 and
BEING AND 1lNTENDED to be part of the same premises conveyed by deed dated
February 13, 1998 from Pamel Wickham-Searl to Jonathan Wickham and recorded March 10,
1998 in Liber 11882 at page 600,said parcel further identified by Suffolk County Tax Map No.
000-103.00-11.00-022.000 and
BEING AND INTENDED to be part of the same premises conveyed by deed dated
ovexn;ber 25, 1994 from James Parker Wickham, Jr. and Laurence C. Breaker to John L.
ickhanr and recorded November 15, 1994 in Liber 11706 at page 637, said parcel further
demified by Suffolk County Tax Map,No. 1000-103.00-11.00-022.000
. TO HAVE AND TO HOLD.the said DEVELOPMENT_RIGHTS.inthe p_ -`.- her `
ited unto the PARTY OF THE SECOND PART,its successors and assigns,forever,
AND the PARTY OF THE FIRST PART covenants that the PARTY OF THE FIRST
?ART has not done or suffered anything whereby the said premises have been encumbered in any
ay whatever,except as aforesaid. The PARTY OF THE FIRST PART,as a covenant running
with the land in perpetuity,further covenants and agrees for the PARTY OF THE FIRST PART,
and the heirs, legal representatives, successors and assigns of the PARTY OF THE FIRST
1
i
PART',to use of the premises on and after the date of this instrument solely for the purpose of
agricultural production.
THE development rights conveyed herein are further subject to the terms and
provisions as set forth in a certain contract of sale between the PARTIES hereto dated May 4,
2011 and an amendment to said contract dated March 28,2012 as the same are intended to be
recorded in the office of the Suffolk County Clerk's office simultaneously with this deed of
conveyance, portions of which as contained herein have and will survive the delivery of this
strument of conveyance,
THE PARTY OF THE FIRST PART,his heirs,assigns and/or party or parties in lawful
possession of the premises subject to this deed of development rights,pursuant to lease,license,
r other arrangement, covenant and agree that it will not remove any soil from the premises
esc6bed herein. A purpose of this acquisition is to protect topsoil by limiting non-agricultural
production uses of the land. The topsoil present on the premises consists of prime/unique/
important soil. This representation is intended to also serve as a covenant running with the land
n perpetuity and the provisions of this paragraph will survive delivery of any instrument of
conveyance.
i
THE PARTY OF THE FIRST PART,his heirs,assigns and/or party or parties in lawful
possession of the premises subject to this deed ofdevelopment rights,pursuant to lease,license,
r other arrangement, covenant and agree that they will (a)not generate, store or dispose of G
hazardous substances on the premises, nor allow others to do so; (b) comply with all
environmental Laws;(c)allow PARTY OF THE SECOND PART and its agents reasonable
ccess to the premises for the purposes of ascertaining site conditions and for inspection of the
remises for compliance with this agreement. Where Federal grants and/or funds are used and/or
einibursed to the PURCHASER for this acquisition, representatives of the United States
epartment of Agriculture shall also have the right to enter the property as stated in
°mbparagraph(c)herein. This covenant shall run with the land in perpetuity.
THE following covenants shall run with the land in perpetuity and shall be
deemed applicable only if federal funds are in fact received by the PARTY OF THE
SECOND PART for the premises:
i
(i) Contingent Right in the United States of America:
In the event that the PARTY OF THE SECOND PART
fails to enforce any ofthe terms of this easement(or other
interests in land),as determined in the sole discretion of
the Secretary of the United States Department of
Agriculture,the said Secretary of Agriculture and his or
her successors and assigns shall have the right to enforce
the terms of the easement (or other interests in land)
through any and all authorities available under Federal or
State law.
In the event that the PARTY OF THE SECOND PART
attempts to terminate,transfer,or otherwise divest itself
of any rights,title,or interests of this easement(or other
interests in land)or extinguish the conservation easement
(or other interests in land)without the prior consent of
"the-Secretary of the United-States Departinent—of - - -
Agriculture and payment of consideration to the United
States of America,then,at the option of such Secretary, f;
all right, title, and interest in this easement (or other
interests in land)shall become vested in the United States
of America.'
2
(n) Unless otherwise agreed to'by the PARTY OF THE
{ SECOND PART,United States ofAmerica Commodity
Credit Corporation and the N.Y.S. Department of
Agriculture and Markets, the PARTY OF THE
SECOND PART shall hold title to any`conservation-
easement or inferest inland. However,title may be held
'by the United States of America at the request of the
Secretary of Agriculture upon mutual agreement of the
PARTY OF THE SECOND PART, United States of
America Commodity Credit Corporation and the N.Y.S.
Department of Agriculture and Markets, or when the
United States exercises its contingent right.
I
d (iii) PARTY OF THE FIRST PART covenants to manage
4 the'property in accordance with a conservation plan that
j is developed utilizing the standards and specifications of
the NRCS field office technical guide and 7 C.FA,Part
12;and is approved by the Conservation District.
(A) As required by section 1238I of the Food Security
Act of 1985, as amended, the PARTY OF THE
FIRST PART,his heirs,successors,or assigns,shall
conduct all agricultural operations on the Protected
Property in a manner consistent with a conservation
plan prepared in consultation with NRCS and
j approved by the Conservation District. This
conservation plan shall be developed using the
standards and specifications of the NRCS Feld Office
Technical Guide and 7 CFR part 12 that are in effect
on Development Rights on the day of this
conveyance. However,the PARTY OF THE FIRST
PART may develop and implement a conservation
plan that proposes,a higher level of conservation.and
' is consistent with the NRCS Field Office Technical
'Guide standards and specifications.NRCS shall have
the right to enter upon the Property, with advance
notice to the PARTY OF THE FIRST PART, in
order to monitor compliance with the conservation
plan.
(13)In the event of noncompliance with the conservation
ply
NRCS shall 'work with the PARTY OF THE FIRST
'PART to,explore'methods of compliance and give the
PARTY OF THE FIRST PART a reasonable amount of
time, not to exceed twelve months, to take corrective
action. If the PARTY OF THE FIRST PART does not
comply with the conservation plan, NRCS will inform
PARTIES OF THE SECOND PART of the PARTY OF
THE FIRST PART'S noncompliance.The PARTY OF
TIE 'SECON'D PAIS 1" shall take all reasonable steps
including efforts at securing voluntary compliance and,if `
ne essavy,approprWe legal action)to sea.tre compliance
with the conservation plan following written notificalioi
fro nt IS RCS that(a)there is a saibstantial,"ongoing event
or circumstance ofnon-compliance with the conservation
plan, (b)NRCS has workedwith the PARTY OF THE
FIRST PART to correct such noncompliance, and (c)
PARTY OF THE FIRST PART has exhausted its appeal
rights under applicable NRCS regulations.
3
i
(C)If the NRCS standards and specifications for highly erodible
land are revised after the date of this Grant based on an Act of
Congress,NRCS will work cooperatively with the PARTY OF
THE FIRST PART to develop and implement a revised
conservation plan. The provisions of this section apply to the
highly erodible land conservation requirements of the Farm and
Ranch Lands Protection Program and are not intended to affect
any other natural resources conservation requirements to which r
the PARTY OF THE FIRST PART may be or become subject.
i
(iv) After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART,any amendments to this Deed of Development
Rights shall be authorized in.writing by the United States of America.
THE following covenants shall run with the land in perpetuity and shall be deemed
applicable,only if New York State funds are in fact received by the PARTY OF THE SECOND
ART for the premises: '
(i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART,any amendments to this Deed of Development
Rights shall be duthorized in writing by the N.Y.S.Department of Agriculture
and Markets.
THE PARTY OF THE FIRST PART,his heirs,assigns and/or party or parties in lawful
ossession ofthe premises subject to this deed of development rights,pursuant to lease,license,
r other arrangement,covenant and agree that he shall defend,indemnify and hold the PARTY
F THE SECOND PART and any of its officers, agents, employees, and, their respective
uccessors and assigns,harmless from and against any and all damages,claims,losses,liabilities
cl expenses,including,without limitation,responsibility for legal,consulting,engineering and
thea costs and expenses which may arise out of(1)any inaccuracy or misrepresentation in any
wresentation or warranty made by PARTY OF THE FIRST PART in the subject agreement
and/or this deed;(2)the breach or non-performance of any covenants required by the subject
greenient and/or this deed to be performed by the PARTY OF THE FIRST PART,either prior
o or subsequent to the closing of title herein;(3)any action,suit,claim,or proceeding seeking
tioney damages,injunctive relief, remedial action,or other remedy by reason of a violation or
on-compliance with any environmental law;or the disposal,discharge or release ofsolid wastes,
ollutants or hazardous substances;or exposure to any chemical substances,noises orvibrations
o the extent they arise from the ownership,operation,and/or condition of the premises prior to j
r subsequent to the execution of the deed of development rights;or(4)the acts or omissions or
iegHgence of the PARTY OF THE FIRST PART. This covenant shall run with the land in
erpetuity,
IF Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this
cquisition,the United States of America shall also be deemed to be an indemnified party under
he indemnification as stipulated in the preceding paragraph,and the PARTY OF THE FIRST
AIT shall also indentnify the:PARTIES OF THE SECOND PART and the United States of
kmerica as to the following:
I
Violations of any laws and regulations which are now or which may in the future become
applicable and including,but not limited to the Resource Conservation and Recovery
Act,as amended,42 U.S.C.6901 et seq.,the Federal Water Pollution Control Act,as
amended, 33 U.S.C. §1251, et seq., the Comprehensive Environmental Response,
Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the Toxic
Substances Control Act,as amended, 15 U.S.C.2601,e1 seq.,the Federal Insecticide
Fungicide and Rodenticide Act,as amended,-7 U.S.C.-136,et seq.,.and the Safe Drinking_...
Water Act,as amended,42 U.S.C.300f et seq.(2)judgments,claims,demands,penalties
or fees assessed against the United States;(3)costs,expenses and damages incurred by
the United States of Ameiyca,ter(4)the releasee or threatened release of any solid waste,
hazardous waste, hazardous'substance, pollutant contaminant, oil in any form or
petroleum product'into the environment. This covenant shall run with the land in
perpetuity, j
v, loo
�ftCeldr ASL r ��wG6rCs�S ✓ �� a �r
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tHE WORD"PARTY"shall be construed as ifit read"PARTIES"wheneverthe sense
f this indenture so requires.
W WITNESS WHEREOF,the PARTY OF THE FIRST PART has duly executed this deed
he day and year first above written.
Qfn fres Of:
n
O ATH:AN WICKHAM 6
By; 1 omas Wickham
At to In Fant
OI L.WICKHAM
By Thomas Wickham
Attorney In Fact
0
Y
i
a
TATE OF NEW YORK )
)ss.x
BOUNTY OF SUFFOLK )
d On the Yd day of April ,in the year 2012,before me,the undersigned,personally
appeared Thomas Wickham,personally known tome or proved tome on the basis of
atisfactory evidence to be the individual whose name is subscribed to the within instrument
! nd acknowledged to me that he/she executed the same in his/her capacity,and that by
is/her signature on the instrument,the individual,or the person upon behalf of which the
ndividuaf acted,executed the instrument.
4
` Si re d slice of Individual.
T 'ng wledgment
WENDY P.STETTINE
Notary Public,State of New York
No.30.4842045
Qualified in Suffolk
Record and Return to: Commission Expires August 1,2013
Bob Zaher
Dept.of Economic Development and
Planning,Div,of Real Property
Acquisition&Management
H.Lee Dennison Bldg. -2nd Fl.
P.O.Box 6100
Hauppauge,New York 11788
5
65-0126 OW
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (Description)
TITLE ##: 10-38-0150-8933
AMENnED 4/3/12
All that certain plot,piece or parcel of land,situate,lying and being in the Town of
Southold, Suffolk County, New York, bounded and described as
follows:
BEGINNING at a point on the westerly line of land now or
formerly of Peter Preziosa and Louise Preziosa, at NYS Plane
Coordinate NAD 1985 North 311, 067.55 East 1,404, 1.99. 82, said
point being situate the following four (4) courses and distances
from the intersection of the southwesterly side of Honeysuckle
Lane and the northwesterly side of old Pasture Road;
1. North 34 degrees 33 minutes 11 seconds East, 10.07 feet as
measured along the northwesterly side of Old Pasture Road;
2. North 48 degrees 50 minutes 09 seconds West, 166 .72 feet as
measured along the centerline of the 16 1/2 foot right of way
as described in Liber 5893 page 354;
3 . South 36 degrees 15 minutes 31 seconds West, 219 .36 feet as
measured along said centerline;
4 . North 53 degrees 44 minutes 29 seconds West, 33 .25 feet as
measured along the westerly line of land now or formerly of
Peter Preziosa and Louise Preziosa;
RUNNING THENCE from said point of beginning through the party of
the first part the following four (4) courses and .distances:
1. South 36 degrees 15 minutes 31 seconds West, 149 .16 feet;
2. South 53 degrees 44 minutes 29 seconds East, 115 .00 feet;
3 . North 36 degrees 15 minutes 31 seconds East, 30.00 feet;
4 . South 53 degrees 44 minutes 29 seconds East, 168.81 feet to
the approximate high water mark of Wickham Creek;
RUNNING THENCE along the high water mark of Wickham Creek, the
following three (3) tie-line courses and distances:
1. South 60 degrees 37 minutes 00 seconds West, 38 .02 feet;
2. South 37 degrees 54 minutes 43 seconds West, 66.64 feet;
3 . South 55 degrees 33 minutes 26 seconds West, 27. 07 feet to
land now or formerly Wickham' s Fruit Farm;
RUNNING THENCE North 59 degrees 23 minutes 29 seconds West along
land now or formerly Wickham's Fruit Farm 901.47 feet to other
land now or formerly Wickham's Fruit Farm;
o-
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (Description)
TITLE #: 10-38-0150-8933
RUNNING THENCE along other land now or formerly Wickham' s Fruit
Farm and along land now or formerly of Peter Preziosa and Louise
Preziosa the following three (3) courses and distances;
1. North 20 degrees 29 minutes 01 second East, 290 .67 feet;
2. South 62 degrees 36 minutes 49 seconds East, 356.55 feet;
3. South 53 degrees 44 minutes 29 seconds East, 366.57 feet to
the point or place of BEGINNING.
TOGETHER with a 16 1/2 foot right of way as described in Liber
5893 Page 354, the centerline being bounded and described as
follows:
BEGINNING at a point on the northwesterly side of Old Pasture
Road, said point being situate North 34 degrees 33 minutes 11
seconds East as measured along the northwesterly side of Old
Pasture Road, 10. 07 feet from the intersection of the
northwesterly side of Old Pasture Road and the southwesterly
side of Honeysuckle Lane,-
RUNNING
ane;RUNNING THENCE from said point of beginning through land now or
formerly of Peter Preziosa and Louise Preziosa the following two
(2) courses and distances:
1. North 48 degrees 50 minutes 09 seconds Nest, 166.72 feet;
2. South 36 degrees 15 minutes 31 seconds West, 219.36 feet to
land now or formerly of John L. Wickham;
TOGETHER with a 16 1/2 foot right of way as described in Liber
11860 page 540, the northerly line being bounded and described
as follows:
BEGINNING at a point on the westerly line of land now or
formerly of Peter Preziosa and Louise Preziosa, said point being
situate the following four (4) courses and distances from the
intersection of the southwesterly side of Honeysuckle Lane and
the northwesterly side of Old Pasture Road;
1. North 34 degrees 35 minutes 11 seconds East, 10. 07 feet as
measured along the northwesterly side of Old Pasture Road;
_ 2. North 48 degrees 50 minutes 09 seconds West, _166.72 feet as
measured along the centerline of the 16 1/2 foot right of way
as described in Liber 5893 Page 354;
l
C
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (Description)
TITLE #: 10-38-0150-8933
3 . South 36 degrees 15 minutes 31 seconds West, 219 .36 feet as
measured along said centerline;
4 . North 53 degrees 44 minutes 29 seconds West, 6.25 feet as
j measured along the westerly line of land now or formerly of
Peter Preziosa and Louise Preziosa;
0
k RUNNING THENCE from said point of beginning South 36 degrees 15
minutes 31 seconds East along land now or formerly of John L.
Wickham, 25.00 feet;
I
TOGETHER with an easement for ingress and egress, bounded and
described as follows:
BEGINNING at a point on the westerly line of land now or
formerly of Peter Preziosa and Louise Preziosa, said point being
situate the following four (4) courses and distances from the
intersection of the southwesterly side of Honeysuckle Lane and
the northwesterly side of Old Pasture Road;
1. North 34 degrees 33 minutes 11 seconds East, 10. 07 feet as
measured along the northwesterly side of old pasture Road;
2 . North 48 degrees 50 minutes 09 seconds West, 166.72 feet as
measured along the centerline of the 16 1/2 foot right of way
as described in Liber 5893 Page 354;
3. South 36 degrees 15 minutes 31 seconds West, 219.36 feet as
measured along said centerline;
4 . North 53 degrees 44 minutes 29 seconds west, 8 .25 feet as
measured along the westerly line of land now or formerly of
Peter Preziosa and Louise Preziosa;
RUNNING THENCE from said point of beginning South 36 degrees 15
minutes 31 seconds West along land now or formerly of John L.
Wickham, 25 .00 feet to a point;
RUNNING THENCE South 81 degrees 15 minutes 31 seconds West
through the retained parcel, land of the party of the first
part, 35.36 feet to a point;
RUNNING THENCE North 36 degrees 15 minutes 31 seconds East along
the acquisition parcel, land of the party of the first part
50.00 feet to land now or formerly of Peter Preziosa and Louise
Preziosa,
RUNNING THENCE South 53 degrees 44 minutes 29 seconds East along
land now or formerly of Peter Preziosa and Louise Preziosa,
25 . 00 feet to the point or place of BEGINNING,
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