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e� i MIS 4r�ll>tr �f�i 6'��, s f: p� !•���v t�� �4�7-1►1 S�G�D-/(f M Nall f �- � ,,�. ��1,� 107 CHECK BOXES AS COMPLETED 'Al 10 P? ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND I ca o Q ( ) Check file boxes for priors � ( ) Assign next number on list ° outside of file folder ° ( ) Date stamp entire original file number x o o 0 Z. z � 6• ' ( ) Hole punch entire original z = m m c cn77 — (before sending to T.C.) N w W X D -U ( ) Create new index card ;U N c 0 ( ) Print contact info & tape to 3 °n T � v m o X ( ) Prepare transmittal to Towi @ 2 N 3 CL ( ) Send original application wy to Town Clerk ( ) Note inside fila folder w/pri c and tape to inside of folder 5 1 ( ) Copy County Tax Map; highl 0 ="• neighbors and AG lots ( ) Make 7 copies and put with ( ) Do mailing label —, 0 i I 610P -711-2 BOARD MEMBERS ®� $® Southold Town Hall Leslie Kanes Weisman,Chairpersons 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �c® a® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��C®� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION0V 2 2 2017 MEETING OF NOVEMBER 16,2017 ' Bout ld Town Cleric ZBA FILE: 7101 NAME OF APPLICANT: John L. Wickham and Jonathan Wickham PROPERTY LOCATION: 744 Old Pasture Road, Cutchogue NY 11935 SCTM: 1000-103-11-21 &22.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 18, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 23, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the recommendation of the Coordinator that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The action would make SCTM No. 1000-103-11-21 more conforming to the minimum lot size required in the zoning district. TOWN OF SOUTHOLD PLANNING BOARD: This application was referred to the Planning Board of the Town of Southold for comments. The Planning Board Chairman in his memorandum of September 26, 2017 indicated that the Planning Board had no concerns or objections, and further remarked that their understanding of the application is to increase Lot 1 in area, so as to reduce the nonconformity. PROPERTY FACTS/DESCRIPTION: The two parcels comprising this lot line change(merger) are located in two different Zoning Districts (R80 & AC), and are both currently non-conforming in size. The resulting split-zoned parcel will measure 338 feet along the easterly lot line shared with a residential neighbor, 116 feet along Wickham Creek and running northwest, along agricultural lands owned by the applicant, 168.81 feet to a western turn in the lot line of 30 feet and then continuing northwest 115 feet. The northern lot line, also along agricultural lands owned by the applicant(SCTM#1000-103-11-22.2), was there is a Deed of Development Rights owned by Suffolk County, is 149.16 feet. Access to the property is via a 16.5 feet wide right of way over the neighbor to the east's land and presently follows the same dirt driveway that neighbor uses instead of the legal right of way. The existing residential property (lot 1) is improved with a two-story frame single family dwelling with waterside covered porch The existing agricultural zoned property (lot 2) is improved with a two-car frame garage that was clearly Page 2,November 16,2017 #7101, Wickham SCTM No. 1000-103-11-22&22.1 built to service the adjacent residence as shown on a survey prepared by John C. Ehlers, Land Surveyor, dated July 26, 2017. BASIS OF APPLICATION: Request for a Variance under Article IV, Section 280-14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification (to combine two lots and then create a new lot); at: 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft. at: 744 Old Pasture Road, Cutchogue,NY, SCTM#1000-103-11-21 &22.1. RELIEF REQUESTED: The applicant requests a variance for the creation of a non-conforming lot area resulting from a lot line change (merger) whereby Lot 1 (SCTM #1000-103-11-21 zoned R80) consisting of 23,719 square feet will be merged with Lot 2 (SCTM #1000-103-11-22.1 zoned Agricultural Conservation (AC) consisting of 16,877 square feet. In doing so,the newly created parcel will extinguish the potential for development of Lot 2 and will create a less non-conforming, developed,residential lot having an increase in size to 40,596 square feet. ADDITIONAL INFORMATION: The applicant owns the agricultural field to the west(SCTM 1000-103-11-22.2 zoned AC and measures approximately 233,492 square feet or approximately 5.36 acres) whereby a Deed of Development Rights was sold in 2012 to Suffolk County which retained an unrestricted, developable area (Lot 2) associated with the farm parcel. Eric Bressler, Esq. spoke on behalf of the applicant at the public hearing at which time no other member of the public spoke in favor or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 2,2017 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcels are located at the end of a private, unpaved driveway and is only visible to one or two other properties. The merger will have no visual impact since nothing but a lot line will be changed. Moreover, the resulting parcel will become less non-conforming, having a total of 40,596 square feet in area instead of the required 80,000 square feet. The merger consists of joining two non-conforming lots which will extinguish the development potential for the smaller of the two lots previously associated with the Development Rights Sold farm parcel. Additionally, by creating a more `conforming' residential lot, along with the previous sale of development rights on the farm parcel, the applicant has improved the neighborhood and eliminated further possible development on the creek front and reduced density overall in the area.. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed merger will result in a 40,596 square feet parcel, located in the R80 Zoning District, where 80,000 square feet is required; therefore, a variance is needed. It is not possible for the applicant to annex or add any adjacent land to create a conforming lot. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 49.25% relief from the code. However, the merger will decrease the degree of non-conformity of the subject parcel, will reduce potential density in the neighborhood, and will in effect double the size of the existing residential lot. Additionally, the accessory garage currently exists on a lot that is not developed with a code required principal structure. The proposed merger will remedy this non-conformity. Page 3,November 16,2017 #7101, Wickham SCTM No. 1000-103-11-22&22.1 4. Town Law X267-W)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-W)(b)(5). The difficulty has not been self-created. The applicant has owned the subject parcel (SCTM #1000-103-11-21) along with adjacent parcels prior to the current zoning. Of great importance is the fact that this residential lot, consisting of an original 23,719 square feet was developed well before the R-80 Zoning designation. 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a merger of two non-conforming lots while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Planamento, seconded by Member Weisman (Chairperson) , and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by John C. Ehlers, Land Surveyor and dated July 26, 2017 SUBJECT TO THE FOLLOWING CONDITION: Lot creation approval by the Southold Town Planning Board Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson), Goehringer, Dantes, Planamento, and Acampora. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing// /d 0 /2017 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson O�� TyOI 53095 Main Road • P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �l� ^��OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �ouv,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631)765-9064 EXTENSION DETERMINATION ONE YEAR EXTENSION (Second) Special Meeting of November 18, 2021 ZBA FILE: 7101 NAME OF APPLICANT: John L. Wickham and Jonathan Wickham PROPERTY LOCATION: 744 Old Pasture Road, Cutchogue NY 11935 SCTM: 1000-103-11-21 &22.1 BASIS OF APPLICATION: Request for a Variance under Article IV, Section 280-14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification(to combine two lots and then create a new lot); at: 1)proposed lot measures less than the code required minimum lot area of 80,000 sq. ft.at: 744 Old Pasture Road,Cutchogue,NY, SCTM#1000-103-11-21 &22.1. RELIEF REQUESTED: The applicant requests a variance for the creation of a non-conforming lot area resulting from a lot line change (merger) whereby Lot 1 (SCTM #1000-103-11-21 zoned R80) consisting of 23,719 square feet will be merged with Lot 2 (SCTM#1000-103-11-22.1 zoned Agricultural Conservation (AC) consisting of 16,877 square feet. In doing so, the newly created parcel will extinguish the potential for development of Lot 2 and will create a less non- conforming,developed,residential lot having an increase in size to 40,596 square feet. This appeal was originally granted with conditions on November 16, 2017 and a one-year extension was granted on November 5, 2020. By letter dated November 10, 2021, Abigail Wickham, Attorney at Law, on behalf of her client, requested another one-year extension of the GRANTED area variance. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman seconded by Member Dantes, and duly carried,to GRANT, the applicant's request that the above cited determination be extended for another one year from November 16, 2021 and to expire on November 16, 2022, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Weisman(Chairperson)Dantes,Acampora,Planamento and Lehnert This Resolution was duly adopted(5-0). — i�ixm? — Leslie Kanes Weisman, Ch trperson Approved for filing 0//,X�L /2021 BOARD MEMBERS OF SOS Southold Town Hall Leslie Kanes Weisman,Chairperson O�� lyO1 53095 Main Road• P.O.Box 1179 h O Southold,NY 11971-0959 Patricia Acampora y� � Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento olyCo(1 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631) 765-9064 EXTENSION DETERMINATION ONE YEAR EXTENSION (Second) Special Meeting of November 18, 2021 ZBA FILE: 7101 NAME OF APPLICANT: John L. Wickham and Jonathan Wickham PROPERTY LOCATION: 744 Old Pasture Road, Cutchogue NY 11935 SCTM: 1000-103-11-21 &22.1 BASIS OF APPLICATION: Request for a Variance under Article IV, Section 280-14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification(to combine two lots and then create a new lot); at: 1)proposed lot measures less than the code required minimum lot area of 80,000 sq. ft. at:744 Old Pasture Road,Cutchogue,NY, SCTM#1000-103-11-21 &22.1. RELIEF REQUESTED: The applicant requests a variance for the creation of a non-conforming lot area resulting from a lot line change (merger) whereby Lot 1 (SCTM #1000-103-11-21 zoned R80) consisting of 23,719 square feet will be merged with Lot 2 (SCTM#1000-103-11-22.1 zoned Agricultural Conservation(AC) consisting of 16,877 square feet. In doing so, the newly created parcel will extinguish the potential for development of Lot 2 and will create a less non- conforming, developed,residential lot having an increase in size to 40,596 square feet. This appeal was originally granted with conditions on November 16, 2017 and a one-year extension was granted on November 5, 2020. By letter dated November 10, 2021, Abigail Wickham, Attorney at Law, on behalf of her client, requested another one-year extension of the GRANTED area variance. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman seconded by Member Dantes, and duly carried,to GRANT, the applicant's request that the above cited determination be extended for another one year from November 16, 2021 and to expire on November 16, 2022, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Weisman(Chairperson)Dantes,Acampora,Planamento and Lehnert This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Ch irperson Approved for filing 111.2� /2021 LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MA'171TUCK,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 aNvickham@wbglaN,,,yers.com November 10,2021 Attn: Ms. Kim Fuentes Town of Southold Zoning Board of Appeals 53095 Main Road,Post Office Box 1179 Southold,New York 11971 Re: ZBA File No. 7101 —Variance Granted November 16,2017 John L.Wickham &Jonathan Wickham Wickham & Wickham Resubdivsion—Planning Bd. approved 719/2019 Premises: 744 Old Pasture Road, Cutchogue,NY 11935 Dear Ms. Fuentes: Please be advised that Health Department approval of the above referenced resubdivison is still pending. We will therefore require an extension of variance approval for one year while we await Health Department approval, which is required in order to file the subdivision map at the Suffolk County Clerk's Office. Planning Board final approval of the resubdivision was granted on July 9, 2019. We have tried literally for months to get the surveyor to complete the Health Department application with virtually no success despite repeated inquiries. We have therefore retained Michael Mapes,P.E. directly to handle the Health Department approvals. He also has been unsuccessful in obtaining the past survey information until our joint efforts resulted in receipt of that information this week. We expect the engineer to proceed on a timely basis. A copy of the Board's extension determination from last year is enclosed for your reference. Ver t ly yours, f1AtlUctnr Abigail A. Wickham encl. rehvickhnnt/ltrZBal 11-10-21 ? J BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson so 53095 Main Road-P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes v, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�yc®UNT`I,� Southold,NY 11971 http://soutboldtowimy.gov ZONING BOARD OF APPEALS RECEIVED ED TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631) 765-9064 N O V 1 7 2020 EXTENSION DETERMINATION One Year Extension Sou hold Town Clerk Regular Meeting of November 5,2020 ZBA FILE: 7101 NAME OF APPLICANT: John L. Wickham and Jonathan Wickham PROPERTY LOCATION: 744 Old Pasture Road, Cutchogue NY 11935 SCTM: 1000-103-11-21 &22.1 BASIS OF APPLICATION: Request for a Variance under Article N, Section 280-14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification (to combine two lots and then create a new lot); at: 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft. at: 744 Old Pasture Road, Cutchogue,NY, SCTM#1000-103-11-21 &22.1. RELIEF REQUESTED: The applicant requests a variance for the creation of a non-conforming lot area resulting from a lot line change (merger) whereby Lot 1 (SCTM #1000-103-11-21 zoned R80) consisting of 23,719 square feet will be merged with Lot 2 (SCTM #1000-103-11-22.1 zoned Agricultural Conservation (AC) consisting of 16,877 square feet. In doing so,the newly created parcel will extinguish the potential for development of Lot 2 and will create a less non-conforming, developed, residential lot having an increase in size to 40,596 square feet. This appeal was originally granted with conditions on November 16, 2017. By letter dated November 2020, Abigail Wickham, Attorney at Law, on behalf of her client, requested a one year extension of the granted area variance. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Acampora and duly carried,to GRANT, the applicant's request that the above cited determination be extended for another one year from November 16, 2020 and to expire on November 16, 2021, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: ,Ayes: Members Weisman(Chairperson), Dantes,Acampora,Planamento and Lehnert. (5-0) _ c - 4.,14 _4 ' Leslie Kanes Weisman, Chairperson Approved for filing Al / /2020 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 November 2, 2020 Attn: Ms. Kim Fuentes Town,of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: ZBA File No. 7101 —Variance Granted November 16,2017 John L. Wickham &Jonathan Wickham Wickham &c Wickham Resubdivsion—Planning Bd. approved 7/9/2019 Premises: 744 Old Pasture Road, Cutchogue,NY 11935 Dear Ms. Fuentes: Please be advised that Health Department approval of the above referenced resubdivison is still pending. We will therefore require an extension of variance approval for one year while we await Health Department approval, which is required in order to file the subdivision map at the Suffolk County Clerk's Office. Planning Board final'approval of the resubdivision was granted on July 9, 2019. A copy of the Board's decision in this matter is enclosed for your reference. Very truly yours, Y AAR'Idin 4A "gail A encl. re%vickhmn/1trZB11 11-2-20 JOHN L. WICKHAM RE—SUBDIVISION KEY MAP 8001 25' SURVEY Of F RO F E RTY WATER ';� SITE P/O LOT 2 P/O LOT 2 LOT I STATE ROUTE LOT LINE MERGER 233,492 S . Ft. 16,877 5q. Ft. 23,719 5q. Ft. .3874 ACRES 5.3602 AC S .5445 ACRESa SITUATE : CUTCHOGUf TOWN : 5OUTHOLD f_O 1 I �3,% f ,.1 �a,.�, int. car .,���-._� A:r:r<:��� S U EEO LK COU NTY NY 9 `'y 5 ` ����° 25 °Pas LOT 2 250,3G9 . . ft. or 5.7,77 AcrC5 \�sT SURVEYED 12-08-20 ) 4 UPDATE 1 1 -04-2015 l LOT 2 being adder) to LOT 1 ) REVISED 01 -2G-201 G, TOPO 03-02-201 G ��� S� o mss, "c t �'F:OPOSr�D: . GurcHOGLUE REVISED 07-2 1 -201 G, 07-26-2017 c� , - 36/ Zrn� 51TE LOT f 40,59G 5q. ft.-. or 0.931 -9 Ac. e,5 - O �m r 1 ask O CO �q o SUFFOLK COUNTY TAX # o � ' �, roti 1000 - 103 - I I - 21 ��s� � �,, QFS�i,°�o,� TYPICAL PLOT PLAN 1 000 - 103 - I I - 2 2. 1 �o�� &F M F 1 000 - 103 - I I - 22.2 &tt7 ave X56, F°t tii��Fr j FIRE DISTRICT No. 29 Oar�O SSS �tiT �Q �c ROAD SCHOOL D15TRICT No. 9 APPLICANT: �0 G�TSJ �> JOHN L. WICKNAM I O'MIN. E.P L.P SIM. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Q� Hauppauge,New York (S rnO _ _ _ - - 0 oV house Thi s Is to certify that the proposed Realty Subdivision or Development `V for in the �/ Q with a total of lots was O with a total of lots was , � °e r \ approved on the above date.Water 5upplle5 and 5ewage Disposal 2p ��? O��Q �� ft°o q-? WELL Facilities must conform to construction standards in effect at the time of ! / � v� #y ° not to scale construction and are subject to separate permits pursuant to those O _- standards. This approval shall be valid only If the realty I c/. �`� ! ` 'Qi� DRIVEWAY J BY MIcDONALD GE05CIENCE 12. 1 G. 14 subdivision/development map Is duly filed with the County Clerk within ` ((^^J / f/ O DIRT :one year of this date.Consent Is hereby given for the filing of this map f \ /✓ �Q���V J � / /% �/1 TEST HOLE DATA EL= 121 pn which this endorsement appears In the Office of the County Clerk In \ _ _ _ _ / Q �/Jl ccordance with provisions of the Public Health Law and the Suffolk °� O/c �/ ____ I DARK BROWN LOAM OL / aunty Sanitary Code 1 It c , ✓°h 36 BROWN CLAYEY SAND OL �i / '•, �` VITO A.MIND P.E l c°U� ocrh '° (� { / �O/ Director, Division of Environmental Quality �01, °2 -0 3 / ��s >° s 1�f O "I HEREBY CERTIFY THAT THI5 MAP WA5 MADE BY US FROM ACTUAL SURVEYS �oF �,� s ql /S / BROWN FINE TO MEDIUM SAND SP COMPLETED JUNE 15, 2013 4 THAT ALL CONCRETE MONUMENTS SHOWN THUS: �F! tiF 6s N% ALL EO N ACTUALLY L AND T AND DDT C R PAACOR O5S ION5PLECTLY SHOWN AND 0-4,,1T��sh�stigl \ ALL / JOHN C. FREERS N.Y.P.L.S. LIG#50202 v �h�\ 2S0 0" \ TO DI UM SOAND I'llSP _ Al > O 117.0' 0 ��\ �" / "�� A� VO COMMENTS: WATER ENCOUNTERED 13.0' BELOW SURFACE . .� � st• � � � `� °��0 �.- � FRFs°'°os Ca THI5 I5 TO CERTIFY,BA5ED UPON AN EVALUATION AND VISUAL INSPECTION OF THE SEWAGE DISPOSAL a' �� - - __ _ _ �wS S8 S� O� 5Y5TEM(5)AND WATER SUPPLY SERVING THE fXl5TING E3UlLDING(5� THAT THEY APPEAR TO BE �� ���e�/ _ / /° 6'° FUNCTIONIING PROPERLY AND TO BE ADEQUATE TO 5ER\VE THE r I fiING USE OF THE BUILDING(5) 58 lo t 5'3 I �9 S9 a� � if; 35.,X PP/;�5. =c'Q �U. J �/� c� Q� MICHAEL MAPES P.E. LIC# s/� ` O��h�. s s j, ' o •� �� ''� �\: �� /� FST , .0 1 �P� , - tititio�off} s9 SUFFOLK COUNTY HEALTH DEPARTMENT APPROVAL � QUO +�IFLL110 � . °� �O >> T r• i v o 9G�y S •V 9 — ' S�gS / cP -1c�� ,� t FINAL GAAP 1S Pq40- ti � � c," �� REVIEWED BY ZBA 4, 2 9 cq '/ � > ' �/Atio `r-. °2° 03��5oa SEE DECISION # �71of vim/ �/ / :�>,t',: /p'('O ✓, O .` S'y,vCrp3 O, C�,yQ� M / o DO/ v�0 '" °2q h �l s N SO -f/S�/ tiq�Myq��c /2 \ \ oil �M ° ,.�,� _ g�, �'<M°Ss gyp. ,�G M°°1°qM _ \ DATED I� /� / 9�� O�°TC/ ' -. O SFd 0 c,S 9 0�O (0O ,\ DoT\ \ �� " X� , - -� �/�/ SEPTIC SYSTEM DETAIL � ' �O 3 ZD NOT TO SCALE \� 5� � RECEIVED CAST O 5 IR N FRANdE � r CAST IRON FRAME AND / PERF FI COVER TO GRADE r�07 AND COVERS TO GRADE •I 24^ I'MIN , M MASONP,Y CHIMNEYS MASONRY"MIN, CCN NOTES: "Unauthorised alteration or addition to a survey / 4• IN ma bearing a licensed land surveyor's seal is a. rC� MINIMUM P°On 6 Z 2'M SHAuoW " P g y O / C^�C MIN.4'DIA.PIPE 8'PER FOOT DOME MONUMENT FOUND JOHN C) AN C) violation of section 7209, sub-division 2, of the ry/� r_ `�1 pARDDFAppGY1 7 L MINI4UDAPIPPE ELEVATIONS REFERENCE SUFFOLK COUNTYTOPO MAP C ' E H LE(��.J L' " ` D V U RV EYO 1� New York State Education Law.", � _ (,�"J\ �U� w� v"\ ZONING B 54"MIN. ®Q. PARCELS LIE IN ZONE DISTRICT R-80 S AC1 j "Only copies from the original of this survey', /�` (i 1000 GALLON O J MCNOUTnIC TOTAL AREA= 40,597 S.F.or 0.9319 Acres e_ j `F-� >. marked with an original of the land surveyor c'' p� /I sErlcrANr, oA S ° stamped seal shall be considered to be valid true N S MI �n MI5 F. J ^ O �nQ DE M �. J 1 N AREA 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 �i copies REMOVEIMPERVIOUS501LW1THiN i•�' .�li O 3'HORIZONTALLY AND G VERTICALLY 'i 1 Certifications Indicated hereon signify that ti IIs BACKFILL WITH CLEAN MATERIAL. �1'`^ * 'rl' 3M INIML.L95EPARhTION FRnM19•' ,3 survey was prepared in accordance with the ex 9EASONhL HG_Ou WAR I, N.Y. 1 1 901 3G9-8288 Fax 3G9-8287 `�1c, No �/: sting Cade of Practice for iati Surveys °d°pted SEASONAi HIGH 5. ` �t by the New '(ark State Association of Professional eRouuD WATER Land Surveyors. Said certifications shall run only longlslandlandsurveyor.cam ___ to the Person for whom the survey is prepare, III= I and on his behalf to the title company, governmen- THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAT HAS BEEN APPROVED BY THE PLANNING GRAPHIC SCALE I = 50 tal agency and lending institution listed hereon, and BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION DATED, to the assignees of the lending institution. Certifica 13-213 tions are not transferable to additional institutions DATE: BY: ov `J® Zd_VW1 ® OFFICE LOCATION: h®� Ol® MAILING ADDRESS: -'��y� Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 l�I ,� or. Main Rd. &Youngs Ave.) ,r Southold, NY 11971 ® �O� Telephone: 631765-1938 ®lyc®UNTi,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD -1101 RECEIVED MEMORANDUM OCT 24 2017 ZONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date October 23, 2017 Re: Coastal Consistency Review for ZBA File Ref JOHN WICKHAM #7101 SCTM# 1000-103-11-21 & 22.1. JOHN WICKHAM #7101 — Request for a Variance under Article IV, Section 280-14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification (to combine two lots and then create a new lot); at: 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft. at: 744 Old Pasture Road, Cutchogue, NY, SCTM#1000-103-11-21 & 22.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. 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. The action would make SCTM# 1000-103-11-21 more conforming to the minimum lot size required in the zoning district. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals-shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney s MAILING ADDRESS: PAL_ANNING BOARD MEMBERS �®f S0 P.O. Box 1179 119NALD J.WILCENSKI ®� ®� Southold, NY 11971 n / , Chair '` OFFICE LOCATION: WILLIAM J.CREMERS c/a Town Hall Annex PIERCE RAFFERTY54375 State Route 25 JAMES H.RICH III rd (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �c®UNTVSouthold, NY Telephone: 631765-1938 t 1 www.southoldtownny.gov PLANNING BOARD OFFICE y� TOWN OF SOUTHOLD MEMORANDUM MCEYVMD To: Leslie Weisman, ZBA Chairperson SEP 2 7 2017 Members of the Zoning Board of Appeals ZONING BOARD OF APPEALS From: Donald'J. Wilcenski, Chairman Members of the Planning Board Date: September 26, 2017 Re: Request for Comments for Wickham, John L. &Wickham Jonathan SCTM#1000-103.-11-21 & 22.1 ZBA#7101 The Planning Board received your request for comments regarding the above- referenced action to create a nonconforming lot in the Residential 80 (R-80) Zoning District and has no concerns or objections. It is our understanding that the proposal would combine a 0.387 acre area currently-part of Lot 2 with Lot 1 which equals 0.544 acres. Following the action, Lot 1 would increase in size to 0.9319 or 40,596 sq. ft. in the R-80 Zoning District and remain nonconforming. A future re-subdivision (lot line change) would be required through this office to subdivide the 0.387 area from Lot 2 and reconfigure Lot 1. Thank you for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. 060 COUNTY OF SUFFOLK L -VVRECEIVED l AUG 2 2 20V ZONING BIJARD OF APPEALS J g( Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment August 18, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Wickham, John&John L. #7101 Ultimate Signs (Paul Pawlowski: Capital One Bank) #7102 Southold Sunsets Holdings LLC #7103 Grella(William) & Osborne(Gary) #7104 Heath (Sebastian) &Burnes (Sarah) #7105 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 (631)853-5191 Piece VE® FORM NO. 3 JUL 2 7 2017 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS 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, Cutcho u County Tax Map No. 1000- Section 103 Block 11 Lot 21 &22.1 Is returned herewith and disapproved on the following grounds: The proposed lot creation, permitted pursuant to Article IV, Chapter 280-14,which states, "No building or premises shall be-used and no building or part 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 Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Following the proposed lot creation, the new lot will be nonconforming in size, at 40,596°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 Department. Authorized S gnature $q � FORM NO. 3 TOWN OF SOUTHOLD RECEIft BUILDING DEPARTMENT JUL 2 7 2017 SOUTHOLD, N.Y. ZONING Bp NOTICE OF DISAPPROVAL pR�OFAPFEALS 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 at Location of property 744 Old Pasture Road, Cutcho ug e,NY County Tax Map No. 1000 - Section 103 Block 11 Lot 21 &22.1 Is returned herewith and disapproved on the following grounds: The proposed lot creation, permitted pursuant to Article IV, Chapter 280-14, which states, "No building or premises shall be used and no building or part 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 Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Following the proposed lot creation, the new lot will be nonconforming in size, at 40,596 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 Department. ho ' u � 1 / Fee: $ 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 RECEIVED Zone House: R-80 Farm, Garage: AC JUL 2 7 2017 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING I PM'b14 9 OF APPEALS 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, Mattituck,NY 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: awickhamgwbglMers.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 � I i REASONS FOR APPEAL (Please be specific,'additional sheets may be 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 } 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. 4 Sigture of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) S s to before me this l o1 y of July, 2017 RECEIVED No ary Public -� JUL 2 7 2017 DONNA McGAHAN ZONING BOARD OF APPEALS Notary Public, State of New York No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18,-2019' 2 I 1 A.PPLICANT'S PROJECT DESCRIPTION APPLICANT:U6 yrl L , Wickham -'10MAan wiDATE PREPARED: � "z Zo I 1.For Demolition of Existing Building Areas RECEIVED �� Please describe areas being removed: /\/ .1111 -2 7 2017 ZONING BOARD CSF hPP€A1 S II.New Construction Areas (New Dwelling- ror New Additions/Extensions): Dimensions of first floor extension: N 1 /�— 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: JJ �— Number of Floors and Changes WITH Alterations: W. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: V7 -- Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: /-j / A,–- VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Ij /A--- 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 I - i QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? JUL 2 7 2097 Yes No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? _ANo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? I es 1 J 2.)Are those areas shown on the survey submitted with this application? Gy— �oV� 3.)Is the property bulk headed between the wetlands area and the upland building area? ' /Q G 4.)If your property contains wetlands or pond areas,have ou contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trustees: 2 t and if issued,please attach copies of permit with conditions a approved survey. D. Is there a depression or sloping elevation near they area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers,bulkheads o fences that exist that are not shown on the survey that you are submitting? A6 Please show area of the structures on a diagram if any exist or state none on the above line. __ BB F. Do you have any construction taking place at this time concerning your premises? ,6 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? A If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel �[o use, gt✓�14e,cF 1rI C-0 and the proposed use i/ (ex-existing smgr 164knily,piQosed same with garage,Mol or other) Auth zed signature and Date - RECEIVE 'AGRICULTURAL DATA STATEMENT JUL 27 207 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD -ZONING 60ARD OF APPEALS 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 transferrin small portion of adjoining parcel to an undersized parcel 6. Location of Property: (road and Tax map number) 744 Old Pasture Road, Cutcho ue,NY 11935 1000-103-11-21,22.1,22,2 7. Is the parcel within 500 feet of a farm operation? {X} Yes { } No 8. Is this parcel actively farmed? {X} Yes { } 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 1000-103-11-1.2 and 102-6-23.2: County of Suffolk(owner of Development Rights) H. Lee Dennison Building, 100 Veterans Memorial Highway, PO Box 6100, Hauppauge,NY 11788 3. 1000-103-11-19.1 Eric J. Bressler and Abigail A. Wickham, PO Box 1424, Mattituck, NY 11952 (Please use-the back of this pap if there are additional property owners) Signature of pplicant 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. r � � JOHN L. WICKHAM/JONATHAN WICKHAM —Proposed Resubdivision 744 Old Pasture Road, Cutchogue,NY 11935 RECEIVED SCTM#1000-103-11-21 (house), 22.1 (garage), 22.2 (Farm) JUL 2 7 2017 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS 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 federaLgw y? NO REC If yes, which state or federal agency? J U L 2 7 2017 DEVELOPED COAST POLICY ZONING BOARD OF APPEALS 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.. J 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 1 (Dl I E RECEIVD JUL 2 7 2017 ZONING BOARD OF APPEALS Short Environmental Assessment Form vI Part 1 -Project Information Instructions for Completin$E Part 1-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 1-Project and Sponsor Information LJohn L Wickham and Jonathan Wickham 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: y Variance application for insufficient area of an undersized parcel which is being increased in size but not to area required REC6IVEde 23,719 sf parcel adding 16,877 sf,which is being removed from a 6 acre parcel. JUL 27 2017 ZONING BOARD OF APPEALS Name of Applicant or Sponsor: Telephone: 631-298-8353 JOHN L WICKHAM;JONATHAN WICKHAM E-Mail: awickham@wbglawyers.com Address: c/o Abigail A Wickham,Esq,PO Box 1424, 13015 Main Road City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that Z ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES 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) El Forest MAgriculture []Aquatic []Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ✓❑ ❑ b.Consistent with the adopted comprehensive plan? ❑ Z ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:peconic Bay and Environs ❑ 7 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? 7 ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? W] ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 1:1 ❑ Not applicable 10. Will the proposed action connect to an existing public/private water supply? 1 NO YES If No,describe method for providing potable water: REeffj VW ❑ ❑✓ 11.Will the proposed action connect to existing wastewater utilities? jUl 2 7 2017 NO YES If No,describe method for providing wastewater treatment: ZONING BO� l=ALS El Z 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? F7 ❑ b.Is the proposed action located in an archeological sensitive area? FV71 ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: m Shoreline El Forest m Agricultural/grasslands 91 Early mid-successional m Wetland ❑Urban m Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? F71 ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, E]a.Will storm water discharges flow to adjacent properties? W]NO ❑YES RI b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO mYES Storm water from roof runoff will be.erected to dry wells Topography of property is flat and nm off to adjoining 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: W1 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO I YES solid waste management facility? If Yes,describe: Z ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ZF I AFFIRM THAT THE INFORMA ION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: 7-24-2017 Signature: Abigail A Wickham,Agwt -,�e7fot RECEIVED JUL 2 7 2017 ZONING BOARD OF APPEALS PRINT FORM Page 3 of 3 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 -Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ Elregulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El El of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El E]reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ ❑ waterbodies,groundwater,air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage El 1:1problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑ ❑ PRINT FORM Pagel of2 Agency Use Only[If applicable] Project: Date: M Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ElCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT FORM Page 2 of _ a RECEMD APPLICANT/OWNER JUL 2 7 2097 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers a►@4MW4d%,QA%GhQFAPPEALS 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:\,/1'G�tki�i M ;I,UYII�� rl (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as'a - company.Ifso,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. i 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 L 1 day of t 1 '20 11 Signature —,X— Print Name 1 :1,a ( dya,, �fiG / i1 nlu, � I f SOUTH0LD1TOWN 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 of someone else or other entity, such as a company. Iso, indicate the other person's or company's name. RECEIVED Nature of Application: (Check all that apply) JUL 2 7 2017 Subdivision or Re-subdivision % Site Plan ZONING BOARD OF APPEALS Other(Please name other activity) Variance 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 V_ If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted this LTC day of 94r-,-2016 Signature �:-,A Ii �� � Print Name John L. Wickham Disclosure Form RECEIVE / JUL 2 7 2097 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS 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: Ai; � A ` �/� -nl-klm (Last name,first name iddle 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 I� 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 l Signature Print Name ImZC%/L WICe-AIA!n i /Dl RECEIVED) - Board of Zoning Appeals Application JUL 2 7 207 ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, Zon e-t lta a� lil/i�rc�t�y� residing at—?06-6 (Print property owner's name) (Mailing Address) i 10i1ne--11, ;X,15 '75gl 2-,-do hereby authorize ( gent), to apply for variance(s) on my behalf from the 'Southold Zoning Board of Appeals. (Owner's Signature) Voy�cc�{1'I � SCK . (Print Owner's Name RECEIVED JUL 2 7 2017 AUTHORIZATION ZONING BOARD OF APPEALS 1,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 ouf 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 ai"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 Jonathan Wickham STATE OF TEXAS: :ss.. COUNTY-OF On this /Z 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 '41141 in the State of Texas. (insert city) Notary Public rrgti►1L•P4+; MIKE L.HILL re/atithorizso:dholdtownre-stsb2017 ?;s ' My NotaryiD#124953060 y ..,, +r moires June 10,2020 0711912017 12:47 WICKHAM BRESSLE,-- `x`5312988565 P.0021005 Board of Zoning Appeals Application RECEDE® AUTHORIZATION JUL 2 7 2017 (Where the Applicant is not the Owner) -70NING BOARD OF APPEALS I, J—o A.11 Y W 1 C 4/1/4y1ti residing at l gv-4—Ai� (Print property owner's name) (Mailing Address) C�I,0, Ay-rv,,, /M D a ~7 do hereby authorize ,aa,'/ 'A ent) to apply for variance(s)on my behalf from the Southold zoning Board of Appeals. (Owner's Signature) dom L dUs=�, (Print Owner's Name) 0711912017 12:47 WICKHAM BRESSLE -'V?631298 8565 P.0041005 RECE"D AUTHORIZATION JUL 2 7 2017 ZONPIG BOARD OP APPEALS I,JOHN L. WICKHAM,the owner of the property identified as identified as SCTM4s1000-103-11-22.1 &22.2 together with Jonathan Wickham, in Cutchogue, New York,hereby authorize our attorney,Abigail A. Wickham,Esq.,of Wickham, Bressler& Geasa, P.C.,or any of them,to act as our agent and handle all necessary work involved in the Re-Subdivision/Lot Line Modification approval process of our properties located at 726 & 744 Old Pasture Road, Cutchogue,New York 11935 with the Town of Southold Planning Board,Zoning Board of Appeals and Suffolk County Department of Health Services and any other agency having jurisdiction over these properties. Dated: July ,2017 G John L. Wickham STATE OF MARYLAND: ( :ss.: COUNTY OF 'F1w. ,c : On this 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 'Ret µ w►a� in the State of Maryland. (insert airy) 'S Stilettos, E. Notary Public o F" ® o ° UNG e w re/authori2sotitlioldtownre-sub2017 d FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT l Office of the Building Inspector Town Hall RECEIVE® Southold, N.Y. JUL 2 7 2017 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No 219331 Date SEPTEMBER 4, 1990 THIS CERTIFIES that the building REPAIR Location of Property 744 OLD PASTURE ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No_ 1000 Section 103 Block 11 Lot 21 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 27, 1990 pursuant to which Building Permit No. 192892 dated AUGUST 2, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIR DAMAGE CAUSED BY FIRE. The certificate is issued to JAMES P. WICKHAM (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A U�. Building Inspector Rev. 1/81 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 RECEIVED awickham@wbglawyers.com 207 July 24, 2017 AL 2 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 z®NING BOARD OF APPEAL 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. Very ly yours, AAW/dm Abigail A. Wickham encL re/w/shdzbaapWickhamJL RECEDED John L. Wickham/Jonathan Wickham—Pg. 1 AUL 2`1 2017 4 pFAP �B�IivG BOARD a r R1: TM 21 _ TM 22.1 TM?1 TM ??.1 Looking southeast garage & farm parcels Looking southeast—house& garage parcels i �.F TM 22.1 / TM 21 TM i TM r Looking northwest—garage and house parcels Looking northwest, west side of garage parcel /)�q � o\ RECEIVED 3a 27 2017 John L. Wickham/Jonathan Wickham—pg. 2 BOARD OF APPEALS TM 22.2 TM 22.2 Looking northwest, farm parcel Looking southeast, farm parcel s 1K TM 21 TM 21 TM 221 Northeast corner of house parcel, looking southwest Northwest corner of garage parcel looking northeast k-oi'ro L,bey- IZh`0 DEED '1 w 5 L OF DEVELOPMENT RIGHTS 7eCOV -e-j THIS INDENTURE,made as of the P day of April,2012 y I I l ®1 BETWEEN JONATHAN WICKHAM residing at 2056 S IH-45,Wilmer,Texas JJ 75172 and JOHN L.WICKHAM,residing at 11752 Harford Road,glen Arm,Maryland 1057, PARTY OF THE FIRST PART, AND the COUNTY OF SUFFOLK,a municipal corporation of the State of New York, wing its principal offices at 310 Center Drive,Riverhead,New York 11901,PARTY OF THE SECOND PART, WITNESSETH,that in accordance with Article XII of the Suffolk County Charter,as ended and effective December 1, 2007, and pursuant to Chapter 8 of the Suffolk County Code,and in accordance with Resolution No.285-1981,as amended,Resolution No.405-2001 d Resolution No.87-2011 of the Suffolk County Legislature,all'on file with the Clerk ofthe Suffolk County Legislature,that the PARTY OF THE FIRST PART,in consideration ofFOUR RED THIRTY FOUR THOUSAND ONE HUNDRED SIXTY EIGHT and 101100 EM 4,168.10) and other good and valuable consideration paid by the PARTY OFTHI;OND PART, DOES HEREBY GRANT AND RELEASE unto the PARTY OF THE OND PART,the successors and assigns of the PARTY OF THE SECOND PART forever, DEVELOPMENT RIGHTS b which is meant the emanent le interest and right,as onzed y§247 of the New York State General Munici al Law as amend anw 16-1981 of the County of SuffbN as amendpg, to permit, r ire or restrict the use of the remises exclusivel fora redaction as that term is defined in Local Law 16-1981 of e oun of Suffolk,as amended,and the right to preserve oven space as that term is defined in 247 of the New York State General Municipal Law,as amended,and the right to prohibit or estrict the use of the premises for any purpose -n Auctinn to thg roperty described as follows: /) i1/ ALL that piece or parcel of land,situated in the Town of Southold, County of Suffolk, RECEIVED d State of New York,more particularly bounded and described as follows:(see description annexed hereto and made a part hereof): J U L 2 7 2017 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 ZONING BOARD OF APPEALS Wickham and recorded October 15 1994 in Liber 11706, said parcel.further identified by uffolk County Tax Map No. 1000-103.00-11.00-022.000 and BEING AND INTENDED to be part ofthe same premises conveyed by deed dated February 13, 1998 from Parcel Wickham-Searl to Jonathan Wickham and recorded March 10, 998 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 ovember 25, 1994 from James Parker Wickham, Jr. and Laurence C. Breaker to John L Wickham and recorded November 15, 1994 in Liber 11706 at page 637,said parcel further dentified by Suffolk County Tax Map,No. 1000-103.00-11.00-022.000 TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS m the premises herein ganted unto the PARTY OF THE SECOND PART,its successors and assigns,forever, AND the PARTY OF THE FIRST PART covenants that the PARTY OF THE FIRST ART has not done or suffered anything whereby the said premises have been encumbered in any ay whatever,except as aforesaid. The PARTY OF THE FIRST PART,as a covenant running with the land in perpetuity,further covenants and agrees for the PARTY OF THE FIRST PART, d the heirs, legal representatives, successors and assigns of the PARTY OF THE FIRST 1 ART,to use of the premises on and after the date ofthis instrument solely for the purpose of agricultural production. THE development rights conveyed herein are further subject to the terms and provisions as set forth in a certain contract of sale between the PARTIES hereto dated May 4, 011 and an amendment to said contract dated March 28,2012 as the same are intended to be ecorded in the office of the Suffolk County Clerk's office simultaneously with this deed of conveyance,portions of which as contained herein have and will survive the delivery of this instrument of conveyance. THE PARTY OF THE FIRST PART,his heirs,assigns and/or party or parties in lawful ossession of the premises subject to this deed of development rights,pursuant to lease,license, r other arrangement, covenant and agree that it will not remove any soil from the premises escribed herein. A purpose ofthis acquisition is to protect topsoil by limiting non-agricultural roduction uses of the land. The topsoil present on the premises consists of prime/uniquel mportant soil. This representation is intended to also serve as a covenant running with the land 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 of development rights,pursuant to lease,license, i r other arrangement,covenant and agree that they will(a)not generate, store or dispose of iazardous substances on the premises, nor allow others to do so; (b) comply with all nvironmental Laws;(c)allow PARTY OF THE SECOND PART and its agents reasonable iccess 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 eimbursed 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 i II bparagraph(c)herein. This covenant shall run with the land in perpetuity. {,ECEIVED 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 JUL 2 7 2017 SECOND PART for the premises: ZONING BOARD OF APPEALS (i) Contingent Right in the United States of America: i In the event that the PARTY OF THE SECOND PART fails to enforce any ofthe terms ofthis easement(or other i 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 Department of Agriculture and payment of consideration to the United States of America,then,at the option of such Secretary, all right, title, and interest in this easement (or other interests in land)shall become vested in the United States of America.' 2 OWN YTS I (n) Unless otherwise agreed to'by the PARTY OF THE SECOND PART,United States of America Commodity i Credit Corporation and the'N.Y.S. Department of Agriculture and Markets, the PARTY OF THE ' SECOND PART shall hold title to any conservation easement or interest in land. However,title may be held by the United'States of America at the request of the Secretary of Apiculture upon mutual agreement of the ' PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation and the N.Y.S. Department of Apiculture and Markets, or when the iUnited States exercises its contingent right. (til) PARTY OF THE FIRST PART covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.FR,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 ,L conduct all agricultural operations on the Protected Property in a manner consistent with a conservation / plan prepared in consultation with NRCS and i approved by the Conservation District. This RECEIVED 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 U 7 2017 on Development Rights on the day of this conveyance. However,the PARTY OF THE FIRST ZONING BOARD OF APPEALS i PART may develop and implement a conservation j plan that proposes,a higher level of conservation and is consistent with the NRCS Field Office Technical 'Guide standards and specifications.NRCS shall have i 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. (B)In the event of noncompliance with the conservation plan i 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 convective action. If the PARTY OF THE FIRST PART does not comply with the conservation plan, NRCS will inform PARTIES OF THE SECOND PART of the PARTY OF THE FIRST PART'S noncompliance.The PARTY OF THE SECOND PART shall take all reasonable steps (including efforts at securing voluntary compliance and,if necessary,appropriate legal action)to secure compliance I with the conservation plan following written notification from NRCS that(a)there is a substaritW,ongoing event .,or circumstance ofnon-compliance with the conservation plan,(b)NRCS has worked with the PARTY OF THE FIRST PART to correct such noncompliance, and (c) PARTY OF THE FIRST PART has exhausted its appeal j 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 othbr natural resources conservation requirements to which 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 ifNew York State funds are in fact received by the PARTY OF THE SECOND ART for the premises: ' '• (i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART,any amendments to this Deed of Development Rights shall be authorized in writing by the N.Y.S.Department of Agriculture and Markets. THE PARTY OF THE FIRST PART,his heirs,assigns and/or party or parties in lawful ossession of the premises subject to this deed of development rights,pursuant to lease,license, r other arrangement,covenant and agree that he shall defend,indemnify and hold the PARTY j n I F THE SECOND PART and any of its officers, agents, employees, and, their respective i ccessors and assigns,harmless from and against any and all damages,claims,losses,liabilities i d expenses,including,without limitation,responsibility for legal,consulting,engineering and RECEIVE® ther costs and expenses which may arise out of(1)any inaccuracy or misrepresentation in any epresentation or warranty made by PARTY OF THE FIRST PART in the subject agreement J U L 2 017 d/or this deed;(2)the breach or non-performance of any covenants required by the subject greement and/or this deed to be performed by the PARTY OF THE FIRST PART,either prior 0 or subsequent to the closing of title herein;(3)any action,suit,claim,or proceeding seeking i ZONING BOARD OF APPEALS oney damages,injunctive relief,remedial action,or other remedy by reason of a violation or on-compliance with any environmental law;or the disposal,discharge or release of solid wastes, Mutants or hazardous substances;or exposure to any chemical substances,noises orvibrations o the extent they arise from the ownership,operation,and/or condition of the premises prior to r subsequent to the execution of the deed of development rights;or(4)the acts or omissions or egligence of the PARTY OF THE FIRST PART. This covenant shall nun with the land in erpetuity. IF Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this cquisition,the United States of America shall also be deemed to be an indemnified party under he indemnification as stipulated in the preceding paragraph,and the PARTY OF THE FIRST ART shall also indemnify the PARTIES OF THE SECOND PART and the United States of erica as to the following: 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, of seq., the Comprehensive Environmental Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, of seq., the Toxic Substances Control Act,as amended, 15 U.S.C.2601,of seq.,the Federal Insecticide Fungicide and Rodenticide Act,as amended,7 U.S.C.136,et seq.,and the SafeDrinking Water Act,as amended,42 U.S.C.300f of seq.(2)judgments,claims,demands,penalties or fees assessed against the United States;(3)costs,expenses and damages incurred by the United States of Amebca,'or(4)the release or threatened release of any solid waste, hazardous waste, hazardous•substance, pollutant contaminant, oil in any form or petroleum product'intb the environment. This covenant shall run with the land in perpetuity `/p �-• /' L S2CD11 �'f'�22f'!/10'�QLl2LR-1G1��GLG(�Off'os�•e- /�P,IUy���'�i?� S / I 650'23 � I I I I tHE WORD"PARTY"shall be construed as if it read"PARTIES"whenever the sense f this indenture so requires. I IN WITNESS WHEREOF,the PARTY OF THE FIRST PART has duly executed this deed he day and year first above written. i Prese ce Of: O ATHAN WICKHAM I : Tomas Wickha ' tto Fm act O L.WICKHAM y: Thomas Wickham Attorney In Fact I i TATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the 3'a day of April ,in the year 2012,before me,the undersigned,personally I ppeared Thomas Wickham,personally known tome or proved tome on the basis of atisfactory evidence to be the individual whose name is subscribed to the within instrument ! d acknowledged to me that helshe executed the same in his/her capacity,and that by isther signature on the instrument,the individual,or the person upon behalf of which the D< ndividual acted,executed the instrument. RECEIVED Si re d ffice of Individual T 'ng wledgment JUL 2 7 2017 WENDY P.STETfINE Notary Public,State of New York ZONING No.30-4842045 BOARD OF APPEALS ' 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 i I i - I I I i 5 i I maize ace CHICAGO TITLE INSURANCE COMPANY RECEIVED SCHEDULE A (Description) JUL 2 7 2017 TITLE ##: 10-38-0150-8933 20NING BOARD OF APPEALS AMENDED 4/3/12 • Alf that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa,' at NYS Plane Coordinate NAD 1985 North 311, 067.55 East 1,404,199.82, said point being situate the following four (4) courses and distances from the intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of old Pasture Road; 1. North 34 degrees 33 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; 2. North 48 degrees 50 minutes 09 seconds West, 166.72 feet as measured along the centerline of the 16 1/2 foot right of way as described in Liber 5893 page 354; 3. South 36 degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 33 .25 feet as measured along the westerly line of land now or formerly of Peter Preziosa and Louise Preziosa; RUNNING THENCE from said point of beginning through the party of the first part the following four (4) courses and .distances: 1. South 36 degrees 15 minutes 31 seconds West, 149.16 feet; 2. South 53 degrees 44 minutes 29 seconds East, 115.00 feet; 3. North 36 degrees 15 minutes 31 seconds East, 30.00 feet; 4. South 53 degrees 44 minutes 29 seconds East, 168.81 feet to the approximate high water mark of Wickham Creek; RUNNING THENCE along the high water mark of Wickham Creek, the following three (3) tie-line courses and distances: 1. South 60 degrees 37 minutes 00 seconds West, 38.02 feet; 2. South 37 degrees 54 minutes 43 seconds West, 66.64 feet; 3. South 55 degrees 33 minutes 26 seconds West, 27.07 feet to land now or formerly Wickham' s Fruit Farm; RUNNING THENCE North 59 degrees 23 minutes 29 seconds West along land now or formerly Wickham's Fruit Farm 901.47 feet to other land now or formerly Wickham's Fruit Farm; 710/ RECEIVED • HICAGO TITLE INSURANCE COMPANY JUL� 2 7 2017. SCHEDULE A (Description) ZONING BOARD OF APPEALS TITLE #: 10-38-0150-8933 RUNNING THENCE along other land now or formerly Wickham's Fruit Farm and along land now or formerly of Peter Preziosa and Louise Preziosa the following three (3) courses and distances: 1. North 20 degrees 29 minutes 01 second East; 290.67 feet; 2. South 62 degrees 36 minutes 49 seconds East, 356.55 feet; 3. South 53 degrees 44 minutes 29 seconds East, 366.57 feet to the point or place of BEGINNING. TOGETHER with a 16 1/2 foot right of way as described in Liber 5893 Page 354, the centerline being bounded and described as follows: BEGINNING at a point on the northwesterly side of Old Pasture Road, said point being situate North 34 degrees 33 minutes 11 seconds East as measured along the northwesterly side of Old Pasture Road, 10. 07 feet from the intersection of the northwesterly side of old Pasture Road and the southwesterly side of Honeysuckle Lane; RUNNING THENCE from said point of beginning through land now or formerly of Peter Preziosa and Louise Preziosa the following two (2) courses and distances: 1. North 48 degrees 50 minutes 09 seconds West, 166.72 feet; 2. South 36 degrees 15 minutes 31 seconds West, 219.36 feet to land now or formerly of John L. Wickham; TOGETHER with a 16 1/2 foot right of way as described in Liber 11860 page 540, the northerly line being bounded and described as follows: BEGINNING at a point on the westerly line of land now or formerly of peter Preziosa and Louise Preziosa, said point being situate the following four (4) courses and distances from the intersection of the southwesterly side of Honeysuckle Lane and the northwesterly side of Old Pasture Road; 1. North 34 degrees 35 minutes 11 seconds East, 10.07 feet as measured along the northwesterly side of Old Pasture Road; 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; I i - i RECEIVED i JUL 27 2017 CHICAGO TITLE INSURANCE COMPANY ZONING BOARD OF APPEALS SCHEDULE A (Description) i TITLE ##: 10-38-0150-8933 3 . South 36 degrees 15 minutes 31 seconds West, 219.36 feet as measured along said centerline; 4. North 53 degrees 44 minutes 29 seconds West, 6.25 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 East along land now or formerly of John L. Wickham, 25.00 feet; j 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, I i MppSE r u ti 1O 72 21 2 T >7 a z s m YO27 a v i 1A1o15' 24 s `! 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TOWN HAL. Board of Health �1 SOUTHOLD,NY 11971 4 sets of Building Plans 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 RECEIVED Storm-Water Assessment Form Contact: Approved 20_ JUL 7 2017 Mail to: f!' �/V((CGtnNV� ,!J Disapproved a/c -Po 89-X 1UL_4 i�l i/ -AyItq�2_ ALS OF APPEALS Phone. ZONING BOARD 661 2719 Ras:?, Expiration 20 et,v,!�cicY>2mQ w�,q Ia.w�`ens.cep r� Building Inspector U APPLICATION FOR BUILDING PERMIT Date Z 17 20P7 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 to admit authorized inspectors on premises and in building for necessary inspections. ignature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder zj- Tahn /-, Wre1-47 M I- Wi /000—/o3— 0Zz,� Name of owner of premises�lnn L. MAC_k4etm I no h—6 3— 11 --2--1 (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 propos d work will be done: 7yy 69/ s vie �?�1. C&��o�vz /\J, House Number Street Haml County Tax Map No, 1000 Section 103 Block // Lot ,2 • Subdivisi s File4 Ma Lot 1 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_ /�2e-o 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee (Description) (To be paid on filing this application) 5. If dwelling,number of dwelling units --Z _Number of dwelling units on each floor If garage, number of cars 1-71- 6. 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front Rear Depth Height 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 1q- SO, A L 12.Does proposed construction violate any zoning law,ordinance or regulation?YES_NO 13.Will lot be re-graded?YES_NO-'Will excess fill be removed fro emises9 YES_NO_� Ti,' /-,ivickha�v. 1175-2hlG.�i (,ed �f vnc�Yyl��2/�7 14.Names of Owner of premises U;;i L,�"ddress 7456b !m-+�5� Phone No. Name-of Architect Address Wt %5-i?hone No Name of Contractor 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 1/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 r _7�Le o�� STATE OF NEW YORK) ✓U SS: RECEIVED ��f COUNTY OF�� I fi` 6 lzy being duly sworn,deposes and say i}e(she is he�applicant (Name of in ividual signing contract)above named, (S)He is the Z ZONING BOARD OF APPEALS (Contractor,Agent,Corporate Officer,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. Sworn before me this o /7 �1 day of 20 EANNA Me6'AHAN L �21-- Notary PublicNotary Public,State of New York Signature of Applicant No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18,209' ( ?.; z T* TOWN OF SOUTHOLD PROPERTY .RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT `1 1 ���''I W i` \ / t_ 1�• �IP6 \.L✓ / UV�� OV /L /ily FORMER OWNER N E ACR. �o ncts ,��� r, L, L<1;c�Ch�, . ,I3 Y ea ��Y '• � .� ' ��" a 0 I-C' her)--) S � W' TYPE OF BUILDING ZEA& 1%v� i! SEAS. VL. FARM COMM. CB. MISC. Mkt. Value ' AND IMP. TOTAL DATE REMARKS 13LTt? cffyq '1 Wtcffyli'1 D O v v eRC'or,i 1, +-;vie _ Ll ,r-1Ne_ d -SSP v C�6`o c� OZZ /2- q - ss- 'lcG,el�m Rs-), 41) U)I' rA4,,y) �a ItD - H/c 10 3&7- L Ilip 546 - U).ct ai m 4, a&D +A it).cjch a1�0 ooc7 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre- Value Per Value Acre NN-V\_ � Filiame 2 pF p,PP Fillable 3 ypNING Noodlond >wampland FRONTAGE ON WATER 3rushland FRONTAGE ON ROAD louse Plot DEPTH (19 U2-a-oe ) BULKHEAD otal , DOCK f ■■■■■■ ■■■■■■■ MENNEN ■■■!■■■ ■■■■■■■■■■■■■■■■■■■■ ■■■■■ ■■■■■■■■■■■■■■■■■■■ murk No 0 900 MMMEMMNSMMI }. ■■■■■■■ EMKIINNINNIMMEMOMMMOMM ■■■■■■�a ■or■■■IN[■■■■■■■■■■■■■ ■■■■■■n !■■■■■I ��■■■■■■■■■■ ■■■■■■`i ■■■■■■I■■■■■■■■■■■■ ■■■■■■■ ■■■■■■IN■■■■■■■■■■■ ■ ■■■■■■■/■■ODf NIE■■■■■■■■■■■ ■ MEEMM MONO ■■■■■■!■■EVIORNi■■■■!■■ Foundation BasementM - __ Place . SCTM # DU C) - 1 03- 1 I _ZZ. ( TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ::%nAooTo�n WiAom 0 (�a Cu�.o, V--C_ 12- , ACR. REMARK TYPE OF BLD. PROP. CLASS 3 1 Z -AND IMP. TOTAL DATE / 00 y0o 3-00 1b (" Jz 4) � o�P P� 1 ti t FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL 1 COLOF a , TRIM _ 1st 2nd M. Bldg. Foundation PC CB OTHER Bath Dinette FULL COMBO Extension Basement CRAWL PARTIAL Floors Kit. SLAExtension Finished B. Interior Finish L.R. Extension r Fire Place Heat D.R. age Z-D �( Z- r L.� 7Y— 360 Ext. Walls BR. Porch Dormer Baths Deck/Patio Fam. Rm. Pool Foyer A.C. Laundry O.B. Library/ Study Dock ��d Z" T®WN OF SOUTH®L® PROPERTY RECORD CARD 60© - /0 3 - // - OWNER STREET VILLAGE DIST. SUB. LOT i .1- 1 J +`11 L♦-�! 1Gt V �f l./ ' �IJQVY �.M/wf/� d FORMER OWNER I N 11 , E _ ACR. 22 Wh y amec? - ParKer Wam14 -.D, S W TYPE OF-BUILDING RES. SEAS. (VL�- �_ ( r FARM COMM. CB. MICS. Mkt. Value �D IMP. TOTAL DATE REMARKS 150 a I9 3 — C'g�S� I I P (AX ckharll 2t a7 a c/ L0 10116112—, 3/,. 3/ — T 1:�x /4 0 C) C9 /7W ` r� r< a O / ' / 1f a5 q�-L 1 l 103 - 0i �. -nc7- nt JDYS %�doc 111 s- Zild - (4-I -73b) )-too 25 31111 &_ rfe"st y'72v) /f �> 1 / if // (/ /L f Q (1J/ 50(i 1 Ov -3///0(, _6J/AZO) � nl) (c /� N 3 5-fi0 `AGE BUILDING CONDITION X3 //D3 1 �j-v 3 // /O // /S� NEW NORMAL BELOW ABOVE � 11 3 ./( /f Z . / 1 /.s-O FARM Acre Value Per Value '� _ \ n J / `�� /J Acre 3 /2� 2['9 [��• !J/�t ✓ ''ITSY'/ % Q Tillable 5, 36 25'D 13VO FRONTAGE ON WATER77 J / f W Woodland FRONTAGE ON ROAD 3I( / �� 3� yaceiyet) Meadowland DEPTH 3 b /l r 2 7 20y7 Homme Plot BULKHEAD5 ZONING Rn OF APPgAt Total : /� L1 DOCK .J I ' ELIZABETH A.NEVILLE,MMC y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 AMC REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,� °� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 31, 2017 RE: Zoning Appeal No. 7101 Transmitted herewith is Zoning Appeals No. 7101 for John L. & Jonathan Wickham-The Application to the Southold Town Zoning-Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owners Transactional Disclosure Forms, Agent/Representative, Transactional Disclosure Form,Notices of Disapproval, Board of Zoning Appeals Application Authorizations, Certificate of Occupancy, A Cover Letter to the Application, Photos, Deed of Development Rights, Title Searches, Property Tax Map Section 103,Application for Building Permit, Property Record Card, and Survey. T, * * * RECEIPT * * * Date: 07/31/17 Receipt#: 226668 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7101 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#21066 $500.00 Wickham, John L. &Jonathan Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Wickham, John L. &Jonathan 13015 Main Rd Po Box 1424 Mattituck, NY 11952 Clerk ID: SABRINA Internal ID 7101 BOARD MEMBERS - ®� so Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UNT`l _ Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 2, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 2, 2017: 1:15 P.M. - JOHN WICKHAM #7101 — Request for a Variance under Article IV, Section 280- 14 and the Building Inspector's May 23, 2017 Notice of Disapproval based on an application for a permit for a lot line modification (to combine two lots and then create a new lot); at: 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft. at: 744 Old Pasture Road, Cutchogue, NY, SCTM#1000-103-11-21 & 22.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: October 19, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes r 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1,179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS JOHN WICKHAM (Name of Applicants) SCTM Parcel# f000= 103-11-21 & 22.1 COUNTY OF SUFFOLK STATE OF NEW YORK I, Donna McGahan residing at 13015 Main Road, Mattituck, -NY 11952 New York, being duty sworn, deposes and says that: Oti the 17th day of October , 20 17, 1 personally mailed at the United States Post_Office in Mattituck , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( }Assessors,or(X) County Real Property Office for every property which abuts and is across a public or private street, or-vehicudar right-of=way ofrecord, surrounding the7licant's property. (Signature) = Sworn to before me this . A--jrA day of October, ' 20 17 AMY M.BEASLEY Notary Public,State of New York No 01BE5039767 otaryNblic) Qualified in Suffolk County Commission Expires February 27,201 PLEASE Dist on the back of this Affidavit or on a sheet of paper, the lot numbers next -to the owner names and addresses for which notices were mailed. Thank you. 3 nj �B�OLYt,9Y til° !'yx a , HAUtA, L U S 711R7 Ln Ar Certified Mad Fee3.3�r 0952 } LF Certified Mail Fee X3.35 0952 Extra Services&Fees(check box,add fee (lr gate) 6.Services&Fees(check boz,add fee sip ;'ate) ❑Return Receipt(hardcopy) $ I Postmark i-1 ❑Return Receipt(hardcopy) $ 1 I I Ir r $rA O ❑Return Receipt(alectronic) $ $0 00 Postmark ❑Return Receipt(electronic) $ rill � ❑Certified Melt Restricted Delivery $ Here, r3 ❑Certified Mall Restricted Delivery $ $0�9 Here 0 ❑Adult Signature Required $ — - Q []Adult Signature Required $ ❑Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ C3Postage .49 C3 Postage U-) $ I 10/17/2017 U-) $ $x(.49 10/17/2017 M Total Postage and Fees e m Total Postage and Fees $ $6.:t9 $ $6.59 Sent To Sent Ta o ___Thomas_Wacker_&__Isabel_Wacker___________________ o Suffolk' Co. Planning Commission Street and Apt.No.,or Po Box No r e and Apt.No.,or PO Box hIo- 6 --------------____________ ___________________ ��b Vets Memorial_ Hwy. P.O. 6100___ ------------------ ---------- - City ae;ZIP+4® p k 1 Wtape z�uge, NY 11788 rr rrr•r, :rr r ro ,rr•r -; ® ® 1 • L D. e M !a ® r— ru rIJ • s- POPOFF e ,1111 1 11 • -e • s "' SOU HGLCI=s 173 :i gr c Ln CUT:�F�G i i C 'LE" �I Z s jS i# U f b '.€: aQlj � Ct Q' Certified Mail Fee a Ct' t_ Wi : D Certified Mall Fee r-9 $3.35 X1952 rl $3.35 0952 ra $ ( 1]fi $ �$ Extra Services&Fees checkbox,addles pp ate) Extra Services&Fees(checkbox,add fee pp ate) f-1 ❑Return Receipt(hardcopy) $ $0 00 ❑Return Receipt(hardcopy) $ 9'il I_1111 r ❑Return Receipt(electronic) $ $-r.lil l•, �,i_ a Postmark El Return Receipt(electronic) $--Q-1414— Postmark C3 ❑Certifled Mail Restricted Delivery $�_ Here C3 ❑Certifled Mall Restricted Delivery $ $0.00 Here C3 [I Adult Signature Required $— h,- � ❑Adult Signature Required $ El Adult Signature Restricted Delivery$ �"-'n 00 ❑Adult Signature Restricted Delivery$ � Postage C3 Postage , —0 $i I,1Fg Ln $11.49 m Total Postage and Fees 1[1/17/2017 rn Total Postage and Fees 10/17/2017 $6.59 $ $6.59 `a Sent To Ie�he Sent To r� Town of Southold Attn: Elizabeth NevilVM StieetandApt No,or Po o`xW6, a *' ` `e`---------------------------- ------------------------------------------------------ StreetandApCNo.;or PO BoxFIo. 2��'`•+�I___C��xte P.Q. BQX__LLZ� City,State,ztP+4 - C,ry State,ZIP+4° rA 19 :ra 1 rrr :rr r rrr•r 1 I r a D . • •miN;E�E`THIS SEcr,16N.•0 I i ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX � W ,_ 13 Agent \ so that we can return the card to you. E3Addressee 1i ��l ■ Attach this card to the back of the mailpieee, B. Received or by(Printed Name) C.Date of bel very /� or on the front if space permits. �izxQe w 1 c�-Lvlll i 1. Article Addressed to: 1.1; D. Is delivery address different fromm-item 1? es I YES, ®�er d® addr7s,k ow: ❑No Wickham Farmland, LLC O1C� I 28770 Routie 25 Cutchogue, New;York 11935 III1111111111 IIIIl Ii1 III111 II II IIIIII IIII III 3.❑Adult Signature ❑RegisterMail ed Millressa Il [3 Adult Signature Restricted Delivery ❑Registered Mall Restricted' 9590 9403 0360 5163 6146 66 a]Certified Mail® Dehvery ❑Certified Mali Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery [3 Signature ConfirmationTm 2__Article-Numher_CfransfeLfrom_SeC✓ice(abeD a Insured Mail ❑Signature Confirmation 7 16° t 35 6'0-10 0 01 <,11:9 5 :2 7 5 3 pInsured Mail Restricted Delivery Restricted Delivery (over$500) w PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; J�) l - In the Matter of the Application of- John Wickham Appeal Number: 7101 ` Mailing List: SCTM#s: 1000-103-11-20: Thomas Wacker&Isabel Wacker, 600 6th St., Brooklyn,NY 11215 1000-103-11-22.2: John L. Wickham, Jonathan Wickham& County of Suffolk, mailed to: Suffolk County Planning Commission, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge,NY 11788 1000-103-11-23: Wickham Farmland LLC, 28770 Route 25, Cutchogue,NY 11935 1000-103-11-1.2: Wickham Farmland LLC, 28770 Route 25, Cutchogue,NY 11935 1000-102-6-20.2: Wickham Farmland LLC, 28770 Route 25, Cutchogue,NY 11935 i 1000-110-1-2: Town of Southold,Attn: Betty Neville, Town Clerk, P.O. Box 1179 Southold,NY 11971 zba/wi ckham/zbam ail ingl ist . DELIVERY'• .o ■ Complete items 1,2,and 3. A Signature %r - so a Print your name and address on the reverse X ��that we can return the card to you. ❑ j ■ Attach this card to the back of the mallpiece, B. Received by(Print Name) Ndtple ofbeor on the front if space permits. t0 j 1. Article Addressed to: Commi S S Ori D. Is delivery address different fro ite 1? ❑Yes } fl Suffolk County Planning �/ If YES,enter delivery address b o . ❑N 100 Veterans Memorial Hwy. PS P.O. Box 6100 Hauppauge, NY 11788 II I IIIIII IIII Ill I I I I I II I ISI III I I Illll I III II III 3.❑AdulService 8 gnaturre ❑RegisteMail red ed Ma�ilTm ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted 9590 9403 0360 5163 6148 35 ❑Certified Mail@ Delivery 13Cert:ied Mail Restricted Delivery ❑Return Merchandise urn Receipt for ❑Collect on Delivery 2___�Article Numher_fTransfer_from service 1a6e0 ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation F- ❑Insured Mail ❑Signature Confirmation 116- 3560 , 0042;-".,119 5 2 7 4 6 ❑Insured Mad Restricted Delivery Restricted Delivery .• _#fir r - (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt lei :TH■ Complete items 1, ,and 3. A. Signature . , ■ Print your name and address on the reverse X 13 Agent so that we can`return the card to you. ❑Addressee 1 ■ Attach this card to the back of the mailpiece, B• 1ve by( d Name) C.Date of Delivery or on the front if space permits. ��� 1. Article Addressed to: ' I) D. is de i ery a dress differe f_rO item 1? E3 Ye Attn: Elizabeth Neville If YES,enter deliveryaddresslbelow: ❑No 1 n"- Town of Southold � '�•'"� �G�'ra. P.O. Box 1179 ' Southold, New York 119713. } IIIIIIIIi 1111 ilii l l l l 11l11111l II 1111111111 l 111 Service 'E3ajss®❑Aulgnaturre Reg steed Mfm 9590 9'403 0330 5163 5148 42 r.�-Certified Ma1®natre Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail Restricted Delivery ❑Retu DelivReceipt for ❑Collect on Delivery Merchandise 1 2—Atticlel�lumbeLQrapsfer_from_seNlce labeO ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation- Confirmation onfirmation- 17;016 .3560, o[] I'j,�,��} '�f 7W%Y j1t)+�ti3�,Q �M��`l � l,r+ ❑ReStactedDelivery tion (over60) ture PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 e r ■ Complete items 1,2,and 3. 77, 7 ■ Print your name and address on the re ❑Agent so that we can return the card to you. ®Addressee ■ Attach this card to the baik of the maiName) C. ate o Delivery or,,on the front if space permits. � r b� { I. Article Addressed to: ) D. Is delivery address,different from item 1? ElYes Thomas Wacker If YES,enter delivery a O$Qs, elow: ®No I Isabel Wacker 1 600 6th St. _ Brooklyn, New York 11215 Z III 111111 IIII 11111 11 l 111111 111 I I IIIII III II I III ❑A ultvSgn Lupe f � El Priority Mail 1press® I 13 Adult Signature Restricted Delivery 171Registered Mail Restricted 9590 9403 0380 5163 6148 59 38 S certified Maim Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for 11 Collect on Delivery Merchandise 2. Article Number(Transfer from service/abed ❑Collect 00il7elivery Restricted Delivery ❑Signature ConfirmationTM Insured Mail El Signature Confirmation 7 016= 3 56 0`i 0'0 01 "1,19 5 2 814' p Insured Mail Restricted Delivery Restricted Delivery l - (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt LAW OFFICES WICKHAM,BRESSLER&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com wbglawyers.com October 23, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: John Wickham 744 Old Pasture Road, Cutchogue, New York 11935 SCTM# 1000-103-11-21 & 22.1 Appeal#7101 Ladies and Gentlemen: In connection with the above matter, enclosed please find Affidavit of Mailing. Very tly yours, 04YO1,1144vi Abigail A. Wickham AAW/dm end Zba/wickham/coverl trmail ing TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING JOHN WICKHAM (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000-103-11-21 & 22.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) - I, Abigail A. Wickham residing at 13015 Main Road, Mattituck , New York, being duly sworn, depose and say that: On the 22nd day of October , 2017 , I personally placed the Town's Official Poster, with the date of hearing and"nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained•in place for seven(7)days prior to the .date of the subject hearing date, which hearing date was shown to be. November 2, 2017. (Signature) Abigail A. Wickham, Sworn to before me this Da o October 2017 %CCr,� otar Public DONNA McGAHAN y ) Notary Public, State of New York No. 01 MC4851459 -Qualified In Suffolk County Qommission Expires Aug. 18, 2M9' * near the entrance or driveway entrance of my property, as the area most visible to passerby. 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 awickhain@wbglawyers.com October 30, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: John Wickham 744 Old Pasture Road, Cutchogue, New York 11935 SCTM# 1000-103-11-21 & 22.1 Appeal#7101 Ladies and Gentlemen: In connection with the above matter, enclosed please find Affidavit of Posting. Also enclosed are the remaining two green signature cards in connection with the Affidavit of Mailing. Very truly yours, 4Ab) l A. Wickham AAW/dm encl. Zba/wickham/coverltrposting r a #0002135910 TE OF NEW YORK) �48 111STA - >ss: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 10/26/2017 Principal Clerk Sworn to before me this �V day ofV C 1` '9 1JL. lizabeth Werkmeister NOTARY PUBLIC,STATE OF NEW YORK No.01 WE6366418 Qualified in Suffolk County Commission Expires Oct.02,2021 I TYPESET Mon Oct 23 15 34 23 EDT 2017 280-15; Article XXHI, Section 280-124; LEGAL NOTICE and the Building Inspector's June 1,2017 SOUTHOLD TOWN Notice of Disapproval based on an applica- ZONING BOARD OF APPEALS tion for a permit to construct additions and THURSDAY,NOVEMBER 2,2017 alterations to an existing single family PUBLIC HEARINGS dwelling and to a pre-existing accessory NOTICE IS HEREBY GIVEN,pursuant to (boathouse)building;at: 1)Single family Section 267 of the Town Law and Town Code dwelling located less than the code re- Chapter 280(Zoning),Town of Southold,the quired minimum side yard setback of 20 following public hearings will be held by the feet; 2) Accessory building located less SOUTHOLD TOWN ZONING BOARD OF than the code required minimum side yard APPEALS at the Town Hall, 53095 Main setback of 20 feet;at:1350 Paradise Point Road,PO Box 1179, Southold,New York Road, (Adj. to Southold Bay), Southold, 11971-0959, on THURSDAY, NOVEM- NY,SCTM#1000-81-3-23. BER 2,2017. 1:00 P.M.—SEBASTIAN HEATH AND 9:30 A.M. - MATTITUCK 2012, LLC SARAH BURNES #7105 — Request for #7098—Request for Variances under Arti- Variances under Article XXIII, Section cle IX,Section 280-42A and the Building 280-124 and the Building Inspector's July Inspector's January 11, 2016, Amended 31,2017 Notice of Disapproval based on an March 30,2016 and June 19,2017 Notice of application for a permit to construct addi- Disapproval based on an application for a tions and alterations to an existing seasonal permit to construct additions and alter- dwelling;at: 1)located less than the code ations to an existing single family dwelling required minimum rear yard setback of 35 with a business office;at: 1)less than the feet;2)more than the code permitted maxi- -code required minimum rear yard setback mum lot coverage of 20%:located at:435 of 75 feet;2)less than the code required Skippers Lane(a.k.a.State Street),Orient, minimum side yard setback of 20 feet;3) NY.SCTM#1000-24-2-3. less than the code required total side yard 1:15 P.M.-JOHN WICKHAM#7101— setback of 45 feet;at:36570 NYS Route 25, Request for a Variance under Article IV, Cutchogue,NY,SCTM#1000-97-3-2. Section 280-14 and the Building Inspec- 10:00 A.M.-ROBERT RAGONA#7060 tor's May 23,2017 Notice of Disapproval —(Adj.from July 6,2017)Request an inter- based on an application for a permit for a pretation pursuant to Article II, Section lot line modification(to combine two lots 280-10A and the Building Inspector's and then create a new lot);at:1)proposed March 8,2017 Notice of Disapproval based lot measures less than the code required on an application for a waiver of merger. minimum lot area of 80,000 sq.ft.at:744 The applicant requests; 1)that the appli- Old Pasture Road, Cutchogue, NY, cant be exempt from the Town of Southold SCTM#1000-103-11-21&22.1. Waiver of Merger Law;2)that the Board The Board of Appeals will hear all persons amend Appeal #3827 dated October 4, or their representatives,desiring to be heard at 1989 to remove the reference of"subdivi- each hearing,and/or desiring to submit writ- sion;"located at:350 Wood Lane,Green- ten statements before the conclusion of each port,NY.SCTM#1000-43-4-30. hearing Each hearing will not start earlier 10:30 A.M.-55500 MAIN ROAD,LLC— than designated above Files are available for ERIC AND SUSAN RUSSELL#7100—Re- review during regular business hours and quest for a Variance under Article XIX, prior to the day of the hearing. If you have Section 280-85 N(1),and the Building In- questions,please contact our office at,(631) spector's July 18, 2017 Notice of Disap- 765-1809, or by email- KimF@ proval based on an application for a permit southoldtownny gov to install a wall sign;at: 1)proposed wall Dated-October 19,2017 sign to project more than one foot from the ZONING BOARD OF APPEALS exterior wall of the building; at: 55500 LESLIE KANES WEISMAN, NYS Route 25(Main Road),Southold,NY, CHAIRPERSON SCTM#1000-62-3-1. BY Kim E Fuentes 10:45 A.M.—WILLIAM GRELLA AND 54375 Main Road(Office Location) GARY OSBORN #7104 — Request for 53095 Main Road(Mailing/USPS) Variances under Article III, Section PO Box 1179 280-15; Article XIH,Section 280-55C(1); Southold,NY 11971-0959 and the Building Inspector's July 19,2017, 2135910 Amended July 20,2017 Notice of Disap- proval based on an application to legalize an"as built"accessory outdoor shower;at: 1)located in other than the code required rear yard;2)more than the code permitted maximum lot coverage of 30%:located at: 1200 First Street,(Adj.to Cutchogue Har- bor)New Suffolk,NY.SCTM#1000-117-7- 30. 11:00 A.M. - PAUL PAWLOWSKI — CAPITAL ONE BANK#7102—Request for a Variance under Article XIX,Section 280-86C and the Building Inspector's May 25,2017 Notice of Disapproval based on an application for a permit to erect a free- standing sign; at: 1) more than the code required maximum number of free- standing signs allowed on subject parcel, located at: 11600 NYS Route 25, (Main Road),Mattituck,NY.SCTM#1000-122-3- 17.1. 11:15 A.M.-EDWARD L.DALEY AND DIANE L. DALEY #7099 — Request for Variances under Article III, Section i4UTI (M. E 0"4 F HEARI, i4o The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME WICKHAM , JOHN L. & WICKHAM , JONATHAN #7101 MAP # 103 .- 11 -21 103 . - 11 -22 . 7 VARIANCE LOT AREA REQUEST LOT LINE CHANGE DATE : THURS , NOV. 212017 1 : 1 5 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . Z0 �11 �lrj BOARD =TOIAI�' OF SOUTHOLD 765 -1809 "_.,,,' JING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS- 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 9, 2017 Re: Town Code Chapter 55 -Public Notices for Thursday, November 2 , 2017 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before October 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses--shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than October 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 31, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS ®F SOUL Southold Town Hall Leslie Kanes Weisman,Chairperson �� y0 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporas Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® yon 54375 Main Road(at Youngs Avenue) Nicholas Planamento �y00UNT1,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax(631) 765-9064 MEMO D ACED IE TO: Planning Board JUL 2 8 2017 FROM: Leslie K. Weisman, ZBA Chairperson South-old Town Planning Board 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#/ ZBA HEARING VARIANCE PLANS PREPARER 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. BOARD MEMBERS OF SOP Southold Town Hall Leslie Kanes Weisman,Chairperson �� P. 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora aa [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® y0 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�COU .° Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 July 28, 2017 Mark Terry, Principal Planner LWRP Coordinator JUL 2 8 2017 Planning Board Office Town of Southold Southold gown Town Hall Annex Planning Board Southold,NY 11971 Re: ZBA File Ref. No. #7101 —Wickham, John L. & Wickham, Jonathan Dear Mr. Terry: We have received an application for a lot line change in Cutchogue. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By:rv, Ff j�e.itr�1�/� Encls. BOARD MEMBERS OF SU!/T Southold Town Hall Leslie Kanes Weisman,Chairperson �% y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C.I* ac Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento z' cou v Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 July 28, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7101 Owner/Applicant: Wickham, John L. &Wickham, Jonathan Action Requested: Construct deer fence in front yard - height Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson B Encls. BOARD MEMBERS QF $0(/l Southold Town Hall Leslie Kanes Weisman,Chairperson � , Ho 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes cry ac Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® ^�iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �100uSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 November 21, 2017 Abigail A. Wickham Attorney at Law P.O. Box 1424 Mattituck,NY 11952 RE: ZBA Appeal 47101 John L. Wickham 744 Old Pasture Road, Cutchogue SCTM Nos. 1000-103-11-21 &22.1 Dear Ms. Wickham; Transmitted for your records is a copy of the Board's November 16, 2017 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please contact the Planning Department regarding the next step in this subdivision process. 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