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HomeMy WebLinkAbout15263-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OC~umANCY No Z-22956 Date APRIL 20~ 1994 THIS CERTIFIES that the buildin~ Location of Propert~ 9208 BRIDGE LANE House NO. County Tax Map No. 1000 Section 73 Subdivision NEW DWELLING uu'~'C~BO~CE, N. Y. Street Block 2 Lot Filed Map No. Lot No. Hamlet 1 conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 3, 1985 pursuant to which Building Permlt No. 15263-Z dated SEPTEMBER 12, 1986 was mssued, and conforms to all of the requirements of the applicable previsions of the law. The occupancy for which this certlficate is issued is RENOVATION & ALTERATION TO EXISTING ONE FAMILY DWELLING AS ~X~PLIED FOR & AS P~R ZBAie~PROVAL %3564 & 94171 The certificate ~s ~ssued to BECKY JOHNSTON (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N-020746 -- JULY 6r 1988 J~RE 29~ 1988 - MIKE JACOBI PLUMB.& ~EAT. ' ~/~ in/g I~nsp~ector Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERAMT fi'HIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL PULL COMPLETION OF THE WORK AUTHORIZED) 15263 Z County Tax Map No 1000 Sect,on pursuant to apphcahon dated ...(~ Budding Inspector. Fee Building Inspector Rev 6/30/B0 ~ Form No. 6 TOWN OF SOUTHOLD " · BUILDING DEPARTMENT TOWN HALL f[I IL~_~t~;~- ~' Thz$ application must be filled in by typewriter OR ink and ~~:~building inspector with the following: for new bumlding or new use:~o~-~,-: 1. Final survey of property with accurate location of all buIldings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwrmters. 4. Sworn statement from plumber certifying that the solder used mn system contains less than 2/10 of 1% lead. 5. Commercmal buildzng, industrzal bumldzng, multiple reszdences and simzlar buildings and installations, a certificate of Code Complzance from archztect or engineer responsible for the bumldzng. 6. Submmt Planning Board ~proval of completed szte plan requmrements. For exzsting buzldlngs (prior to April 9, 1957) non-conforming uses, or buzld~ngs and "pre-ex%sting" land uses: 1. Accurate survey of property showing all property lznes, streets, buzldzng and unusual natural or topographzc features. 2. A properly completed applzcatzon and a consent to inspect signed by the applicant. If a Certzflcate of Occupancy is denied, the Buildzng Inspector shall state the reasons therefor in writzng to the applmcant. C. Fees 1. Certzficate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swzmming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Cerglf~cate of Occupancy on Pre-existlng Building - $100.00 3. Copy of Certmficate of Occupancy - $5.00 over 5 years - $10.00 4. Updated Certzficate of Occupancy - $50.00 5. Temporary Certificats of Occupancy - Residential $15.00, Commercial $15.00 Date ......~....... ...... ...... . ......... l, lC? .... Construction..~.. ....... 01d Or Pre-existing Building New Location of Property .... ~.~ ........... '~!~f''''~'~ ..... ''' '' House No. Street 0nwer or Owners of Property...^[~4 ............................................ ~0~.~'~,/~. County Tax Map No 1000, Section...¢.7.~ .... Block ~ ~ . L~t Subd~vmsion ....................... .. ......... .. Filed Map ..... . ......Lot....... ............ . Permit ....... Uate of rm t. ..................... Pe Applicant .............. Health Dept. Approval .~...~. ...... Underwriters A oval .................. Plannlng Board Approval., ../~..~. ......... Request for: Temporary Certificate ........... F~nal Cert~cate .... ~ Pee S bm tted: ................... ........ .............." ' " TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 CERTIFICATION TEL. 765-1802 OF 'SOUTHOLD .J, Buzldlng Permit No. _(p~ase print) Plumber ~ ,~. \ ~--.., ¢;. (pr~as~- prln6) I certify that the solder used in the water supply system contazns less than 2/10 of 1% lead. Sworn to before.~u2 this 19 ~. Notary Public, ~ ~/~_County (plu~ szgnature) Notary Publxc Gust#led in Suffolk CounW ~ Corfl~lsMon Eq~res December 8, Ig APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman Serge Doyen, Jr James Dmizio, Jr. Robert A Villa R~chard C. Wilton Telephone (516) 765-1809 BOA/ID OF APPEALS TOWN OF SOUTHOLD November 15, 1993 SCOTT L HARRIS Supemasor Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Becky Johnston 471 West 22nd Street New York, NY 10011 Re: Appl. No. 4171 - Requirements for Improvements to ROW Dear Ms. Johnston: With reference to the above application and hearing, which was concluded on November 8, 1993, please find enclosed a copy of the Board's written findings and determination which incorporates its conditions for necessary improvements at the northerly end of the entire east-west right-of-way. No new improvements are necessary for the north-south right-of-way owned by Werniok due to the fact that its base is in excellent condition and was accepted by the Southold Town Planning Board in the (Baxter) subdivision application. Once all improvements have been placed and the work completed, please provide us with a brief letter or note from the contractor confirming the materials used and a brief description of the work done. Shortly thereafter, we will arrange for a final inspection and further advise as to whether the right-of-way has been accepted. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures Copies of Decision to: The Bokina Family, Oregon Road, Cutchogue, NY 11935 Ms. Dorothy Katylak, Pinewood Road, Cutchogue, NY 11935 Southold Town Building Department/ APPEALS BOARD MEMBERS Gerard P Goehnnger, Chmrman Serge Doyen, Jr. James Dmizio, Jr Robert A. Vdla 19nchard C Wfl~on Telephone (516) 765-I809 Appl. No. 4191. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L I-IAR}~S Supervmor Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Upon Application of BECKY JOHNSTON for a Variance under the provisions of New York Town Law, Section 280-A, for acceptance of minimum standards of improvements over new easement right-of-way areas, as modified since the prior Appeal Hearing and Determination rendered under Appl. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over lands now or formerly of William J. Baxter and others identified as Lot 1.9, Block 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running an an easterly direction approximately 563 feet to the applicant's parcel of land identified as Lot 1, Block 2, Section 73, District 1000, all as shown by survey amended June 17, 1992, prepared by Roderlck VanTuyl, P.C. WHEREAS, a public hearings were held on October 18, 1993 and November 8, 1993, at which time those who desired to be heard were heard and their testimony recorded (see transcripts of hearings prepared under separate cover, the original of which is filed with the Town Clerk's Office); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning thas application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surroundang areas; and and WHEREAS, the Board made the following findings of fact: 1. RELIEF REQUESTED. This applacatlon as an appeal for for a determination as to the standards of improvements necessary over two portions of this private right-of-way, noted as follows: a) The portion which extends in a northerly direction from Bridge Lane Extension (at intersection with Oregon Road), over land now of Stanley Wernlck (prey. Baxter) extending ~Page 2 - Appl. No. 4191 Matter of BECKY JOHNSTON (280-A) Decision Rendered November 8, 1993 approximately 1860 feet northerly, for a width of 20.15 feet as more particularly shown on the survey map prepared November 5, 1993 by Roderick VanTuyl, Surveyor, P.C.; and b) The remaining portion which extends in an easterly direction from that right-of-way referred in "a" above, for a distance of 545 feet over lands of Bokina, to a point within the first 20 feet of the applicant's property -- to which suitable access by emergency and other vehicles is the subject of this application. The presently traveled portions of this east-west right-of-way are more particularly shown on the November 5, 1993 survey map, and will, of course, need to be modified to meet the conditions of this determination (noted further below). Approximately one-half of this east-west right-of-way is shown to be 20-ft. in total (paper) width and the remainder 15-feet in width. Also, copies of easement agreements affecting the subject access routes have been made a part of this record. 2. PRESENT CONDITION OF RIGHT-OF-WAY. The condltion of the base of both the north-south portion of this right-of-way is in excellent condItion and does not need further improvement at this time. The base of the east-west portion of this right-of-way needs excavation and improvement with additional fill, compacting, and regrading (further noted in Board's Resolution below). 3. In considering this application, the Board also finds and determines: a) the benefit to be afforded to the applicant is greater, as weighed against the detriment to the health, safety, and welfare of the community at large; b) the benefit sought by the applicant cannot be achieved by some other method, feasible for applicant to pursue; c) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and measures must be taken by the applicant to prevent water run-off from the right-of-way to prevent further disturbance to the farm to the south; d) the difficulties created are related to the land and history of the area, and are not personal to the landowners; e) this application, as conditionally granted, will not be adverse to the preservation and protectiun of the Page 3 - Appl. No. 4191 Matter of BECKY JOHNSTON (280-A) Decision Rendered November 8, 1993 Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to ADOPT the following standards of improvements, and conditions, in this request for relief under the provisions of New York Town Law, Section 280-A: 1. The entire length and base of the east-west right-of-way (at the northerly end) must be improved a minimum of 10 feet in width, and have an unobstructed clearance at 13 feet in width within the easement areas, including driveway area to the applicant's residence; the unobstructed clearance includes the removal of brush and tree limbs up to a height of 16 feet from ground level. 2. The entire length and 10-ft. wide base shall be contoured to accept a positive flow (of rain water) to the north; 3. The entire length and 10-ft. wide base of the east-west right-of-way to the north shall be improved and regraded as follows: a) excavate to suitable base (3" or 4" deep, or more as necessary} and regrade; b) place four inches {4"} of compacted stone blend for a full width of 10 feet, the entire length, {and scarified where necessary}; c) any depressions, now or in the future, must be filled with bank run (20% content) for the entire length of both rights-of-way, and the rights-of-way must be continuously maintained; 4. Unobstructed and cleared shoulder areas (1-1/2 feet wide) at each side of the 10-ft. wide right-of-way base shall be provided and maintained in good condition at all tmmes; the shoulder areas must also have a height clearance to 16 feet from ground. 5. Proper drainage shall be cantered to the north to accept a positive flow of rain water. 6. Both rights-of-way must be kept in good condlhion at all times, and continuously m=lntalned. In the event this right-of-way is found in poor condition, the Town may take whatever action is necessary -- including =he reopening of this application, afte~ due notice and public hcaring, and/or require Page 4 - Appl. No. 4191 Matter of BECKY JOHNSTON (280-A) Decision Rendered November 8, 1993 new applications for this and/or other properties in the area utilizing these same rights-of-way as their only legal access routes; and 7. After the improvements have been built along the right-of-way, the contractor shall provide a confirmation of the materials used and a brief description of the work performed, and submit this with his written request for acceptance of said improvements by the Board of Appeals. It shall be the authority of the Chairman (or alternate Board Member) to accept or reject the improvements made, or require other modification for further improvement for better maneuverability wlthln the easement area as may be reasonably necessary. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and W~iton. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHA~ INSPECTORS Victor Le~sard Principal Bmldmg Inspector Curtis Horton Semor Bmldtng Inspector Thomas Fisher Bmldmg Inspector Gary Fish Bmldmg Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Ass,stant F~e Inspector Telephone (516) 765-1802 SCOrr L. HARRIS, Superwsor Southold Town Hall P.O. Box 1179, 53095 Maxn Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD July 26, 1993 Elizabeth Johnston P.O. Box 1098 Cutchoque, N.Y. 11935 Re: B.P. ~15236Z (HOUSE) & 188330Z (POOL) Premises @ 9208 Bridge Lane, Cutchogue, N.Y. Suff. Co. Tax Map ~1000-73-2-1 Dear Ms. Johnston: We are unable to issue the Certificates of Occupancy for the above building permits because you did not comply with the Zoning Board of Appeals Approval 93564. You will have to go back to the ZBA for a new decision on the road as it is improved at present. 280A is required. If you have any further questions, you may contact the ZBA. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. g~//d~gF~nS~ ctor GJF:gar cc to G. Goehringer, Chairman Zoning Board of Appeals IN RE GRANT OF EASEMENT : BY JENNIE BOKINA TO BECKY JOHNSTON : This INDENTURE, .ade this~ t~day of ~ /y , 1987, between JENNIE BOKINA , residing st Oregon Road, Hamlet of Cutchogue, Town of Southold, State of New York, (hereinafter "Grantor") and BECKY JOHNSTON, residing at 471 West 22nd Street, City of New York, State of New York, (herinafter "Grantee"). WITNESSETH: That Grantor, for herself and for her hezrs, successors, executors, administrators, and assigns, being the owner in fee simple of property located in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York, and more fully described at Liber 2283 page 362 recorded in the Suffolk County Clerk's 0fflce, consideration of Ten Dollars ($10.O0), lawful money of the Un~ted States, and other good and lawful consideration, paid by or on behalf of Grantee, receipt of which is h~reby acknowledged, and for other good and lawful consideration, does hereby grant, rem~se, and release, unto Grantee her heirs, successors, executors, administrators, and assigns, a non-exclusive surface easement for the purpose of ingress and egress only and not for utilities to the premises described ~n Schedule made a part hereof, said right-of-way Schedule C attached herpto, and made a part or any other purpose B annexed hereto and being described in hereof, which right-of way shall constitute an easement appurtenant to GranteeVs property in the County of Suffolk, State of New York, described in Schedule B. Grantor, her heirs, successors, executors, administrators, and assigns shall have no responsibility whatsoever for improvenents or maintenance of such Grantor, her heirs, and assigns reserves the right to terminate the easement granted herein and similar access for provided. This indenture heirs, successors, area as described in Schedule C. successors, executors, administrators, relocate same so long as substantially ingress and egress to the property is shall be binding upon Grantor, her executors, administrators, and assigns, shall run with the land, and shall inure to the benefit of Grantee her heirs, successors, executors, administrators, and assigns. In w~tness whereof, Grantor has hereunto set her hand and seal the day and year fmrst above written. ENNIE BOKINA In the presence of: STATE OF NEW YORK: COUNTY OF SUFFOLK personally came Jennie to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ALL that lot or parcel of land situate in the Town of Southold, County of Suffolk and State of New Yorkt BEGINNING at an iron bar set at the ~ntereection of the westerly line of land now or formerly of Louis Beckman with the northerly line of land now or formerly of J. J. Drum; THENCE South 70 degrees 30' West along the northerly line of lands now or formerly of J. 3. Drum a distance of 100.00 feet; THENCE North 45 degrees 28' West to high water mark of Long Island Sound; THENCE North 78 degrees 40' East alonE high wa~er ~rk of Long Island Sound, t00.00 feet to land now or formerly of Louis Heckman~ THENCE South 45 degrees 28' East along said land now or fo~nerly of Louis Hec~unan through an iron bar ss~ a= or neat ~he top of the ban~k of Long Island Sound a distance of 327.00 feet more or less to the point or place of beginning. BEGINNING at a point distant the following five courses and distances from the monument set at the corner formed by the lntersection of the northerly s~de of Oregon Road and the easterly s~de of Bridge Lane: 1) South 51 degrees 44 minutes 30 2) North 45 degrees 11 mlntues 20 3) North 44 degrees 48 minutes 40 4) North 70 degrees 20 minutes 10 5) North 70 degrees 16 m~nutes 10 the true piont of beglnnlng; seconds West, seconds West, seconds East, seconds East, seconds East, 28.77 feet; 1035.38 feet; 16.0 feet; 259.06 feet; 20.0 feet to RUNNING THENCE from sa~d true point of beginning North 70 degrees 16 m~nutes 10 seconds East, 277.70 feet; RUNNING THENCE South 19 degrees 43 minutes 50 seconds East, 15.0 feet; RUNNING THENCE South 70 degrees 16 minutes 10 seconds West, 277.70 feet; RUNNING THENCE North 19 degrees 43 m~nutes 50 seconds West, 15.0 feet to the point or place of BEGINNING. Together with ell right, title and interest of, in and to any streets and t~t~ ~buttmg the a~ove ~ ~ to tim c~nter lime thereof · o all to whom these Presents shall c~me or may Concern, Know ~hat JENNIE BOKINA, as RELEASOR, in consideration of the sum of Twenty-Two Thousand Five Hundred Dollar ($22,500.00), and other good and valuable consideration received from BECKY JOHNSTON as RELEASEE, receipt whereof is hereby acknowledged, releases and d~scharges the RELEASEE, RELEASEE'S he~rs, executors administrators, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bltls, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, 3udgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S helr$, executors, adminlstrato successors and assigns ever had, now have or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of th~s RELEASE, regarding the matter of the action Becky Johnston v. Jennie Bok~na, Court, Suffolk County, Index No. 86/11849. subject Supreme Whenever the text hereof requires, the use of s~ngular number shall include the appropriate plural number as the text of the within ~nstrument may require. Th~s RELEASE may not be changed orally. IN WITNESS W~a~EOF, the RELEASOR has hereunto set ~/day of ~y 1987. RELEASOR'S hand and seal on the '~ , In presence of: On ~t~ kn~o!n: 19 before me personally cane JENNIE BOKINA to me - and known to me to be the lng%viSual described in, and who executed the foregoing RELEASE, an~ duly acknowledged to me tha% she executed the sa~e. {-~,~ NOTARY ~gBLI~ Carter, EASEMENT AGREEMENT between STANLEY WERNICK, ROGER VORCE, SHATSWELL Pi INC., WILLIAM G. ELS AND ET.LRN M. AND BECKY JOHNSTON affecting premises located on the north side of Oregon Road, Cutchogue, Tow~ of Southold, County of Suffolk, and State of New York. Prepared by Ledyard & Milburn The land affected by the within instrument lies in District 1000, Section 072.00, Block 01.00, Lot O01.001, and in District 10OO, Section 073.00, Block 02.00, Lot 001.000, all on the Land and Tax Map of the Town of Southold, the County of Suffolk. DISTRICT: 1000 SECTION: 072.00 and 073.00 BLOCK: 01.00 and 02.00 LOT: 001.001 and 001.000 TOWN OF SOUTHOLD COUNTY OF SUFFOLK PLEASE RECORD AND R~TURN TO: CARTER, LEDYARD & MILBURN Two Wall Street New York, New York 10005 Attention: Macculloch M. Irvin. 12.7.92 EASEMENT AGREEMENT This Agreement dated as of , 1992 made between Stanley Wernick, 28 Colonial Drive, Huntington, New York, Roger Vorce, 405 East 54th Street, New York, New York, Shatswell Properties, Inc., a New York corporation, c/o Roger Vorce, 405 East 54th Street, New York, New York, William G. Els and Ellen M. Els, his wife, 15 Willard Way, Dix Hills, New York, and Becky Johnston, 471 West 22nd Street, New York, New York. WHEREAS (1) references by number to certain Lots herein shall be to such Lots as they appear on the survey or plat entitled "Minor Subdivision made for Baxter Properties, Inc. at Cutchog~e, Town of Southold, N.Y." by Roderick Van Tuyl, dated September 26, 1979, as amended on July 18, 1980 and on May 21, 1981 and approved by the Planning Board of the Town of Southold on August 12, 1981, relating to a subdivision of premises located on the north side of Oregon Road, Cutchogue, Town of Southold, County of Suffolk, New York, more particularly described on Exhibit A annexed hereto and made a part hereof (the "Subdivision Premises") into four lots and a private right-of-way (said survey or plat being herein called the "Minor Subdivision Plat" and the subdivision of the Subdivision Premises show~ thereon being herein called the "Minor Subdivision" or the "Subdivision"); and WHEREAS (2) William G. Els and Ellen M. Els (collectively "the Elses") are the owners of Lot 1 on the Minor -2- Subdivision, more particularly described in Schedule B annexed hereto and made a part hereof; and WHEREAS (3) Shatswell Properties, Inc., a New York corporation ("Shatswell") is the owner of Lot 2 on the Minor Subdivision, more particularly described on Schedule C annexed hereto and made a part hereof; and WHEREAS (4) Roger Vorce ("Vorce") is the owner of Lot 3 on the Minor Subdivision, more particularly described on Schedule D annexed hereto and made a part hereof; and WHEREAS (5) Stanley Wernick ("Wernick") is the owner of Lot 4 on the Minor Subdivision, more particularly described on Schedule E annexed hereto and made a part hereof; and WHEREAS (6) Becky Johnston ("Johnston") is the owner of a certain parcel of land lying easterly of the Subdivision Premises, more particularly described on Schedule F annexed hereto and made a part hereof, such property being herein called the "Johnston Property"); and WHEREAS (7) the Elses, Shatswell, Vorce and Wernick (collectively, the "Lot Owners") are the owners in fee of a right-of-way (herein called the "North/South Subdivision Road"), running northerly from Oregon Road and described in Schedule G annexed hereto. WHEREAS (8) Johnston has requested that the Lot Owners grant her a non-exclusive easement to use the North/South subdivision Road for purposes of ingress to and egress from the Johnston Property only and is willing to share in the costs of -3- maintaining and repairing the North/South Subdivision Road in return for such easement; and WHEREAS (9) The Lot Owners in return for Johnston's agreement to share in the cost of maintaining and repairing the North/South Subdivision Road, have agreed to grant Johnston an easement over the North/South Subdivision Road, in common with others, for purposes of ingress to and egress from the Johnston Property only upon the terms and conditions herein set forth: NOW, THEREFORE, in consideration of the foregoing and of the agreements herein contained: IT IS AGREED, AS FOLLOWS: 1. Grant of Easement. The Lot Owners hereby grant and release unto Johnston, her heirs, successors and assigns, a non- exclusive surface easement over the North/South Subdivision Road, appurtenant to the Johnston Property, for purposes of ingress and egress only, and not for utilities or for any other purpose. 2. Termination. The easement granted herein shall automatically terminate upon the occurrence of any of the following events: (a) the construction of a north/south access way approved by the Southold Town Zoning Board of Appeals or the Planning Board over the strip of land 16 1/2 feet in width running northerly from Oregon Road between land now or formerly of Bokina on the east and the North/South Subdivision Road on the west 976 feet, more or less, to the adjacent parcel on the west as it runs southwesterly (the "Bokina Road"); or -4- (b) the dedication to the Town of Southold of the Bokina Road or the road that abuts the Johnston Property (or both). The provisions of this Section 2 shall be self- operative and no further instrument shall be necessary to effect the aforementioned termination. Nevertheless, in confirmation thereof, Johnston will execute and deliver an appropriate certificate or instrument to confirm such termination upon request of the Lot Owners or any of them. 3. Limitation on Use. Johnston represents and agrees that no more than one single family residence is or will in the future be located on the Johnston Property. The use cf the easement herein granted shall be limited to ingress and egress to and from such single family residence. 4. (a) ~. As used in this Agreement, including but not limited to this Paragraph 4 and Paragraph 5 hereof, "Lot Owners" means the owner of Lot 1, the owner of Lot 2, the owner of Lot 3 and the owner of Lot 4, collectively, and "Lot Owner" means one of the Lot Owners. "maintenance" means such maintenance, repair and reconstruction of or with respect to the North/South Subdivision Road as shall keep the North/South Subdivision Road in good operating condition and state of repair and in a condition and state of repair at least as good as the condition and state of repair of the North/South Subdivision Road on the date hereof, -5- and shall be deemed to include, but not be limited to, asphalt repair and debris removal, snow removal if such snow is expected by the Lot owners, acting pursuant to the provisions of Paragraph 5(a) hereof, to render the North/South Subdivision Road impassable for more than 24 hours, and the establishment of a maintenance fund, if approved by the Lot Owners pursuant to the provisions of Paragraph 4(a) hereof; "maintain" means to perform the maintenance as herein defined: and "Properties" means Lot 1, Lot 2, Lot 3, Lot 4 and the Johnston Property, collectively, and "Property" means one of the Properties; and "Property Owners" means the owner of Lot 1, the owner of Lot 2, the owner of Lot 3, the owner of Lot 4 and the Owner of the Johnston Property, collectively, and "Property Owner" means one of the Property Owners. (b) Maintenance o~ Road. The cost of maintenance of the North/South Subdivision Road shall be borne by the Property Owners in equal proportions. All decisions, determinations and approvals with respect to maintenance of the North/South Subdivision Road shall be made by the Lot Owners, in their sole discretion, pursuant to and as provided in this paragraph 4(b). Ail items of maintenance of the North/South Subdivision Road hereunder must be approved prior to the commencement thereof by the Lot Owners, as follows: by one Lot Owner if there is then only one Lot Owner, by two Lot Owners if there are then three Lot -6- Owners or two Lot Owners, and by three Lot Owners if there are then four Lot Owners. For the purposes of this paragraph (b), the Elses shall not be deemed to be a Lot Owner or a Property Owner until such time as the Elses, or their successors or assigns as subsequent owner of LOt 1, begin to clear the land of Lot 1 for purposes of construction of a residence thereon, at which time the Elses shall be deemed to be one Lot Owner and one Property Owner with respect to LOt 1; any record owner or beneficial owner of more than one Lot shall be deemed to be one Lot Owner and one Property Owner with respect to all of the Lots so owned; and Vorce and Shatswell shall be deemed to be one Lot Owner and one Property Owner with respect to Lots 2 and 3. (c) Re~airs Caused Bv Individual Owners. Notwithstanding the provisions of paragraph (b) above, the cost of any maintenance which is necessitated as a result of any actions clearly attributed or attributable to a particular Property Owner shall be borne by that Property Owner. Without limiting the generality of the foregoing, examples of actions clearly attributable to a particular Property Owner would include a sudden occurrence caused by such Property Owner, or unusual or severe use of the road North/South Subdivision Road by such Property Owner. However, notwithstanding the foregoing, greater use of the North/South Subdivision Road by any Property Owner would not by itself be an example of an action clearly attributable to a particular Property Owner and would therefore -7- not by paragraph. 5. maintenance itself be an action resulting in the application of this (a) Performance of Maintenance. Once any such is approved as aforesaid, any one or a combination of the approving Lot Owners shall have authority to perform, contract, or otherwise arrange for the relevant such maintenance, and to assess the Property Owners for their proportionate shares of such maintenance in accordance with this Agreement. The same proportion of Lot Owners shall also have the power and authority (i) to determine the amount of any assessment or charges for maintenance hereunder and when and how (for example, in a lump sum or installments) the same shall be assessed against the properties affected hereby, (ii) to determine whether the relevant item or items of maintenance are to be assessed pursuant to the provisions of subparagraph (b) or (c) of Paragraph 4 hereof, (iii) to determine the proper application or interpretation of the provisions of Paragraphs 4 and 5 hereof, and (iv) in general to make any other determination or decision with respect to the maintenance of the North/South Subdivision Road as the approving Lot Owners shall deem necessary or appropriate for the North/South subdivision Road. Any such determination or decision by the Lot Owners in accordance with this Paragraph 5 shall be binding upon all Property Owners. (b) Every Property Owner shall pay the road maintenance assessments and charges assessed against him or her or his or her Property in accordance with this agreement, when -8- and as such assessments and charges are due and payable as determined by the approving Lot Owners pursuant to this Paragraph 5. All sums assessed as road maintenance charges but unpaid shall constitute a lien on such Property Owner's Property or Properties prior to all other liens except all sums unpaid on any mortgage of record encumbering the relevant Property or Properties. In the event a Property Owner owns more than one Property and is counted as one Property Owner for purposes of Paragraph 4(b) hereof with respect to more than one Property, the lien for road maintenance and repair on one Property shall automatically extend to the other Property or Properties owned by that Property Owner. 6. Utility Lines. Johnston consents that any utility lines or mains which serve the Johnston Property, either now or in the future, may be used to service the Properties located in the Subdivision Premises, provided that the utility companies providing services through or maintaining such lines or mains agree to the same. 7. ADDrovals. The parties agree that this agreement shall not become effective unless and until agreed to and approved by the Planning Board of the Town of Southold, which approval Johnston agrees diligently to pursue at her own cost and expense. 8. Amendments. The parties hereto, their respective successors and assigns, reserve the right to alter, modify, extend, terminate or annul any of the terms of this agreement, in -9- whole or in part, by mutual agreement of the owners of all of the Properties covered by this Agreement. 9. ~rts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument with the same force and effect as if all parties executed the same document. 10. R t' s. Shatswell and Vorce hereby each represents and warrants to the other parties hereto as follows: (a) that Shatswell is a corporation duly organized, validly existing and in good standing under the laws of the State of New York and has full corporate power and authority to enter into this Agreement and to perform its obligations hereunder; (b) that this Agreement and the performance of Shatswell's obligations hereunder have been duly and validly authorized by all requisite corporate action of Shatswell's board of directors or otherwise; (c) that this Agreement constitutes a binding obligation of Shatswell enforceable against Shatswell in accordance with the terms hereof; and (d) that neither the execution of this Agreement nor the performance of its obligations hereunder would constitute a breach by Shatswell of any agreement to which Shatswell is a party or of any provision of its Certificate of Incorporation or By-Laws. -10- 11. GuarantY. As an inducement to Wernick, the Elses and Johnston to enter into this Agreement, Vorce hereby unconditionally and irrevocably guarantees and agrees to be liable for the obligations of Shatswell hereunder, it being agreed that Wernick, the Elses and Johnston and their respective successors or assigns may at their option look first to Vorce for the performance of such obligations without looking to Shatswell for the performance of the same. IN WITNESS WHEREOF, the Declarants have executed this agreement on the day of Social Security No. Social Security No. Social Security No. , 19~. v /Will s social Security No. Taxpayer Identification No. Social Security No. SHATSWELL PROPERTIES, INC. Roger V~ce -ll- :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .o ~tat~ of ~ l~"~r ,~,; ~ } -- OPTIONAL SECTION ~ CAPACITY CLAIMED BY SIGNER County of ~..c s ~ & ('~ On ~/~¢¢ beforeme, ~ ~0 ~, ZD~ ~/,~ personally appeared /~', 4:~ ~", [/~) ~'~/'.~ NAME{St OF SIGNER(S) [] personally known to me - OR - []qaf~'~d to me on the bas~s of satisfactory evidence to be the person(s) whose name(s) ~s/are subscribed to the w~thln instrument and ac- knowledged to me that he/she/they executed the same m his/her/their authorized capamty0es), and that by hm/her/thelr signature(s) on the instrument the person(s), or the entity upon behalf of whmh the person(s) acted, executed the instrument THIS CERTIFICATE MUST BE A'Fi'ACHED TO THE DOCUMENT DESCRIBED AT RIGHT [~'~IVIDUAL [] CORPORATE OFFICER(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A3-TORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES / ~ DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE. Though the data requested here is not required by law, ~t could prevent fraudulent reattachment of this form ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave, P O Box 7184 · Canoga Park, CA 91309 7184 ;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No State of c r,,,',~. ~J ~ OPTIONAL S~I~-~-- County of ~..~ before me, ~ Ee J~E~E,~TARY~UBL~" personally appeared ~ personally known to me - OR - ~ to me on the bas~s of sat~sfa~o~ ewdence to be the person(s) whose name(s) ~s/are subscribed to the w~thm instrument and ac- knowledged to me that he/she/they executed the same m hm/her/the~r authorized capac~ty0es), and that by h~s/her/thelr s~gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT__ CAPACITY CLAIMED BY SIGNER Though statute does not require ['he Notary to hll in the data below, doing so may prove [] INDIVIDUAL ~CORoPORATE .OFFICER(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER SIGNER IS REPRESENTING: NAME OF PER~ON(S) OR ENTI lies) NUMBER OF PAGES / '~ DATE OF DOCUMENT Theugh the data requested here is not redu~red by law. ~t could prevent fraudulent reattachment of th~s fo~n SIGNER(S) OTHER THAN NAMED ABOVE ) o~'",{.2 ~---", -~ --~ ~ .... ~ .............. ....... ~ __~_~ ..... ~_~ STATE OF NEW YORK ) : ss. COUNTY OF -~'~F~'~ ) On the ~ day of ,'~f/~ , 199~, before me personally came STANLEY WERNICK, to me known and known to me to be the individual described in and who executed the foregoing instrument, and duly acknowledged to me that he executed the same. (Notarial Seal) STATE OF NEW YORK ) : ss. COUNTY OF ) On the day of personally came ROGER VORCE, Notary Public KAMEN ~/. BOE~GFSSOM , 19~, before me to me known and known to me to be the individual described in and who executed the foregoing instrument, and duly acknowledged to me that he executed the same. (Notarial Seal) Notary Public STATE OF NEW YORK) : COUNTY OF ) ss. On the day of , personally came ROGER VORCE, to me known, who, sworn, did depose and say that he resides at 199~, before me being by me duly ; that he is the of SHATSW-ELL PROPERTIES, INC., one of the corporations described in and which executed the above instrument; and that he signed his name thereto by authority of the board of directors of said corporation. Notary Public -12- STATE OF NEW YORK ) : ss. couNTY oF On the /~day of ~ 19~, before me personally came WILLIAM G. ELS, to m~ known an~ known to me to be the individual described in and who executed the foregoing instrument, and duly acknowledged to me that he executed the same. (Notarial Seal) STATE OF NEW YORK ) : SS. COUNTY OF $~F~-~ ) On the / ~day of ~f~ , 19~, before me personally came ELaN M. E~, to me known and kno~ to me to be the individual described in and who executed the foregoing inst~ment, and duly ac~owledged to me that she executed the same. Nota~ ~bl~ (Notarial Seal) STATE OF NEW YORK ) COUNTY OF ~,~2~I SS. On the day of ? . 19~, before me personally came BEC~ JenSTON, t known an~ known to me to be the individual described in and who executed the foregoing inst~ment, and duly acknowledged to me that she executed the same. Notary ~blic (Notarial Seal) -13- DESCRIPTION OF PREMISES Ail that certain plot, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the northerly line of Oregon Road, which point intersects the easterly line of land of Bokina and is located South 51° 44' 30" West 28.77 feet from the intersection of the easterly side of Bridge Lane and the northerly side of Oregon Road; running thence from said point of beginning along the northerly side of Oregon Road South 51° 44' 30" West 20.15 feet to a monument and other land of Bokina; running thence along said land the following two courses and distances: (1) North 45° 11' 20" West, 957.84 feet to a monument; thence (2) South 84° 25' 10" West 315.89 feet to a monument and land now or formerly of Simchick; running thence along said land the following two courses and distances: (1) South 51° 23' 30" West, 469.50 feet to a point; thence (2) North 47° 06' 40" West, 550 feet more or less to the ordinary high water mark of Long Island Sound; running thence northeasterly along the ordinary high water mark of Long Island Sound a distance of 815 feet more or less to land of Bokina; running thence along said land South 45° 11' 20" East 1440 feet more or less to a monument and the point or place of beginning. s~ DESCRIPTION OF LOT i ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of a certain right of way hereinafter described, which point is distant 1,608.43 feet northwesterly and westerly as measured along the northeasterly and northerly side of said right of way as it turns from a monument set on the northwest side of Oregon Road from the point where the same intersects the northeasterly side of Bridge Lane; from said point of beginning running THENCE along the northerly side of said right of way South 51' 23' 30" West 177 feet to another right of way; running THENCE along said right of way North 47' 06' 40" West 525 feet to the ordinary high water mark of Long Island Sound; running THENCE northeasterly along said mean high water mark in a northeasterly direction 195 feet more or less to land of Vorce; running THENCE along said land South 47' 06' 40" East 415 feet to the northerly side of said right of way at the point or place of BEGINNING. DESCRIPTION OF LOT 2 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of certain right-of-way hereinafter described, which point is distant 1,426.43 feet northwesterly and westerly as measured along the northeasterly and northerly side of said right-of-way as it turns from a monument set on the northwest side of Oregon Road, said monument being distant 28.77 feet southwesterly as measured along the northwesterly side of Oregon Road from the point where the same intersects the northeasterly side of Bridge Lane, from said point of beginning running South 51' Baxter; THENCE along the northerly side of said right-of- way 23' 30" West 182 feet to land now or formerly of THENCE along land now or formerly of Baxter North 47° 06' 40" West 465 feet to the ordinary high water mark of Long Island Sound; THENCE northeasterly along said mean high water mark North 66° 01' 30" East 195.74 feet to land of Vorce; running THENCE along said land South 47° 06' 40" East 415 feet to the northerly side of said right-of-way at the point or place of BEGINNING. DESCRIPTION OF LOT $ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and~ State of New York, bound and described as follows: BEGINNING at a point on the northerly side of ~ certain right-of-way hereinafter described, which point is distant 1,218.38 feet northwesterly and westerly, as measured along the northeasterly and northerly side of said right-of-way as it turns, from a monument set on the northwesterly side of Oregon Road, said monument being distant 28.77 feet southwesterly as measured along the northwesterly side of Oregon Road, from the point where same intersects the northeasterly side of Bridge Lane and from said point of beginning running thence along the northerly side of said right-of-way South 84' 25' 10" West 86.34 feet; THENCE along the northwesterly side of said right- of- way South 51' 23' 30" West 121.71 feet; THENCE North 47' 06' 40" West 415.0 feet to the mean high water line of Long Island Sound; THENCE northeasterly along said mean high water line on a tie line bearing North 68' 53' 30" East a tie line distance of 205.84 feet; THENCE South 47' 06' 40" East 400.0 feet to the northerly side of said right-of-way at the point or place of BEGINNING. DESCRIPTIQ~ OF LOT 4 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point which is the southeasterly corner of the premises about to be described, said point being located as follows: 1) South 51° 44' 30" West along the northwesterly side of Oregon Road, 28.77 feet from the point where said road line intersects the northeasterly side of Bridge Lane; and 2) along the northeasterly side of a certain right-of- way North 45~ 11' 20" West 976.13 feet to the said point of beginning; and from said point of beginning r~nning thence along the northerly side of said right-of-way as it turns, South 84° 25' 10" West 242.25 feet; THENCE North 47° 06' 40" West 400.0 feet to the mean high water line of Long Island Sound; THENCE easterly along said mean high water line on a tie line bearing North 67° 38' 30" East a tie line distance of 217.06 feet to land now or formerly of Bokina; and THENCE along said land of Bokina, South 45° 11' 20" East 470.0 feet to the point or place of BEGINNING. DESCRIPTION OF JOHNSTON LOT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at an iron bar set at the intersection of the westerly line of land now or formerly of Louis Heckman with the northerly line of land now or formerly of J.J. Drum; THENCE South 70° 30' West along the northerly line of lands now or formerly of J.J. Drum a distance of 100.00 feet; THENCE North 45° 28' West to high water mark of Long Island Sound; THENCE North 78° 40' East along high water mark of Long Island Sound, 100.00 feet to land now or formerly of Louis Heckman; THENCE South 45° 28' East along said land now or formerly of Louis Heckman through an iron bar set at or near the top of the bank of Long Island Sound a distance of 327.00 feet more or less to the point or place of BEGINNING. TOGETHER with an easement for a right of way for passage on foot and with vehicles which is described in deed recorded in the Suffolk County Clerk's Office in Liber 1154 of Deeds at page 366. DESCRIPTION OF NORTH/SOUTH SUBDIVISION ROAD ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at a point on the northerly side of Oregon Road distant 28.77 feet westerly from the corner formed by the intersection of the northerly side of Oregon Road and the easterly side of Bridge Lane; RUNNING THENCE westerly along the northerly side of Oregon Road 20.15 feet; THENCE northerly 45 degrees 11 minutes 20 seconds west 957.84 feet; THENCE northerly 24 degrees 28 minutes 00 seconds east 62.53 feet to the southeastern corner of Lot 4 and the western side of 16 1/2 foot right-of-way; THENCE southerly 45 degrees 11 minutes 20 seconds east 976.13 feet to the point or place of BEGINNING. F1ELD I~SFE, CTION 1. ~ FOUNDATION ( 1 st) FOUNDATION (2nd) 2. COMMENTS ROUGH IN~TION FER N. Y./ STATE ENERGY CODE ADDITIONAL COMMENTS: TOWN OF SOUTtlOLD OFF,CE OF BUILDING H~SPFCTOR P.O. ~]OX 728 TOWN HALL SOUI fieLD, N.Y. 11971 TEL. 765-1807 To Whom This Nay Concern, Tqe are unable to complete your Certificate of OccuDancy bccaune of the fol~Lowing reasons. 7//~ Q~--~/~ An application for Certificnte of Occupancy /is riot on file. . ~/t~ '---~.~./~, .N~ under::rlters Certificate on flle. ~0T NS~D~]) /~;;n H~alth Dept. Approval on file. /_--/ I:o f~nal ln~.;pocLlon has bec,.l made, Plea,lo contact our office on this Th~mk you for your cooperation. matter. Buzld~r~l [)eDt. ~*/~/~Io Plumber solder Certificate on file. ( all permits znvolvinq plumbzng being after April !,1981 ~kY JOHNSTON, ~CTS W NOV · 30, 1987 Mr. Victor Lessard Town of Southold Building Department Town Hall Southold, N.Y. 11971 Re: Building Permit No. 15263 Dear Victor, I wish to request an extension of my building permit for six months from the date it expires. I look forward to hearing from you regarding this matter. Thank you. Very truly yours, Becky Johnston bcc: Becky Johnston DIRECT DIAL ~;51- 2378 MENDES & MOUNT THREE PARK AVENUE NEW YORK, NY I001~ March 31, 1987 Philip J. Cardlnale, Esq. Cardinale & Cardinale P. O. Draw W Jamesport, New York 11947 Re: Johnston/Bokina Our Flle: 306,836 Dear Phil: This will confirm our telephone conversation of March 30, 1987. I await your providIng a proposed clause in the settle- ment agreement dealing with the possibility that it will be necessary to move the right-of-way southward. As discussed, it is not feasible for MS. Johnston to spend money to clear the right-of-way before the settlement agreement has been signed. Your clients' concerns about the on-going construction are unfounded. Ms. Johnston has an unrestricted building permit. The only condition upon the construction is that a Certificate of Occupancy will be witheld until after the required improvements in the right-of-way are made. I look forward to resolving the remaining ~ssues as soon as possible. Very truly yours, MENDES & MOUNT By: Leo W. Fraser, III LWF/af D~RECT DiAL 95~- 2378 MENDES & MOUNT THREE PARK AVENUE NEW YORK, NY 10016 March 20, 1987 725 SOUTH FIGUE!~OA STREET LOS ANGELES, CA ~0017 Philllp J. Cardlnale, Esq. Cardlnale & Cardlnale Main Road P.O. Drawer W. James Port New York, New York 11947 Re: Bokina/Johnston Our File: 306,836 Dear Phil: This will confzrm our telephone conversation of March 17, 1987. As discussed, I belzeve that wlth good faith on both sides the remainIng issues can be resolved. This wzll further confirm that pending the resolution of the remaining issues your clients have no objection to Ms. Johnston completing construction on her home. Thank you for your cooperation in this matter, I shall speak to you soon concerning the remalnlng issues. Very truly yours, MENDES & MOUNT LWF/iv By: Leo W. Fraser, III bcc: Becky Johnston, 471 West 22nd Street New York, N.Y. 10011 C.S.W. FORM NO 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ~ ..~ ~J . ,19 ?G PLEASE TAKE NOTICE that you~p.licat, ion dated ...(~ LocatmnofProperty ~'~ f'J~Z ~q.%.'' .~ ~~ 7.~.. House No u u ] St~t I H~/e~ County T~ Map No lO00Sect~on ~ ~,, Block . .~.~ . .. Lot ..~ ..... Subdivision F~led Map No ...... Lot No ....... returned herewith and d~sapproved on the following grounds .~ ~ .fa,.r~O ~ x~ 0 A. Building Inspector RV 1/80 ~e3 -t~tr Appeal No. 3478 of BECKY JOHNSTON (Variance) ~ecision R'endered 'september ll, 1986 GRANTED TO ALLOW ISSUANCE OF A TEMPORARY AND LIMITED BUILDING PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant have an easement and rights over the right-of-way in question; 2. That this approval is subject to the action of the Courts p~nding concerning this matter; 3. That the applicant and/or future must re-apply for final 280-a approval in New York Town Law after Court settlement property owners accordance with for reconsideration; 4. That this temporary 280-a approval include the following improvements for sufficient access within the base of the right-of-way: Extending from the rear of the existing barn to the most northerly survey monument, a distance of 800 feet, more or less be excavated six inches deep and replaced with six inches of bankrun (20% stone content), a minimum width of ten feet. 5. Proper issuance of a temporary building permit shall be permitted by the Building Inspector only for the enclosure of the dwelling under construction for protection from bad-weather conditions. No further construction shall be permitted until final 280-a has been filed and re-considered (see Condition No. supra.) Vote of the Board: Ayes: Messrs. Goehringer, Grlgonis, Doyen, Douglass and Sawlcki. This resolution was duly adopted. ~k ERARD P. GOEHRINGER, CHAIRMAN September 14, 1986 CENTURY ABSTRACT CORPORATION 365 BENTON PLAZA, P O DRAWER DDD, SOUTHAMPTON~ NY 11968 (5'J6) 283-1225 283-13B3 (B00) 645-1225 October 28, 1985 Michael J. Hall, Esq. Youngs Avenue Southold, New York 11971 Re: Title No. 8408-352635 Becky Johnston Dear Mr. Hall, As to the Right of Way, the actual wording in deeds of record is, "Together with all right title and interest of the party of the fxrst part in and to a Right of Way for passage on foot and with vehicles which is described in deed recorded in the Suffolk County Clerk's Office in Liber 1154 of deeds, page 366, on November 14, 1923 in so far as said Right of Way maybe used or adapted to the premises herein above described." The Right of Way used is a continuation of the above mentioned Right of Way. I'do not feel that any Correction Deed is needed. The Right of Way is apparently actually in use although not accurately defined in instruments of record~ We are ~nsurlng ingress and egress, and that seems to be the important thxng. Very truly yours, GK/dal CENTURY ABSTRACT CORPORATION REPRESENTING CHICAGO TITLE INSURANCE COMPANY TOWN OF SOUTL!OLD OFFICE OF BUILDING INSPFCTOR P.O. BOX 728 IOWN IIALL SOUIIIOLD, N.¥. 11971 TEL 765-1807 To Whom This May Consern, We are unable to complete your CertLf~cite o[ Occu[~ancy because of the following reasons. /~ An ;~pplication for Certificate of Occupancy //~%s not on file. . /~. :J.'3 Under:;rlters Certificate on flle. /~11~ lloalth Dept. Apprvval on fxle. /~/ ',<: fznal znspectzon has bach made. P]ea,;n contact our office on this matter. Thank you for your cooperation. BuI ldiP*[ Dc'pt. ***/_~/NO Plumber Solder Certificate on ( all permits [s:;ued after file. invo!vlnq plumbing being April !,198~ ) CKY JOHNSTON, C S W I NOV. 30~ 1987 Mr. Victor Lessard Town of Southold Building Department Town Hall Southold, N.Y. 11971 Re: Building Permit NO. 15263 Dear Victor, I wish to request an extension of my building permit for six months from the date it expires. % look forward to hearing from you regarding this matter, Thank you. Very truly yours, f Becky Johnston BUILDING DEPT. ~ INSPECTION [ ] FOUNDATION 1ST ~ ] ROUGH PLBG. [ J FOUNDATION 2ND [ ] INSULATION []FRAMING [~FINAL DATE 765-t802 BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION 2ND [ ]INSULATION ~F~MING [ ]FINAL DATE INSPECTOR~/~ 765-1802 BUILDING DEPT. INSPECTION FOUNDATION 1ST [~ ~0UGH PLBG. FOUNDATION :~ND ~*/] INSULATION FRAMING FINAL REMARKS: 765.1802 BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION 2ND [ ] INSULATION FRAMING [ '~NAL REMARKS: DATE 765-1802 BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION ZND [ ] INSULATION [ ] FRAMING REMARKS: [/]/FINAL DATE ~:~/~[/~(~ 'NSPECTOI~_~*-,~ 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING [~FINAL REMARKS: DATE I N SPECTO R '"'/~ (;;~,~4 ,'~X/,~ / RANGES SPIQAL REC'P1 R ~o. ~C~CO~D. ICOOKINO DC-CKS J OVENS J DISH WASHERS A~T. K.W. AMT. K.W, ,iMT' ~,~K' W. 1. I C E OF CC. COND. EXHAUST FANS DIMMERS NY, 1~957 any ~nner; ,.,.m ,o the oHic. of the ~ard if i~orr.t I.~.~r, ~ ~ i~n,~i~ b~l~ir crude.rials. ~/ DEPA~T~NT. THI[ C~ ~ CEITIFI~T! ~T ~ BE ALTEreD IN ~ ~. Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 ~DLITHEILD, L.I., N.Y. 11971 TELEPHONE {5~6) 765 1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3564 Application for Variances TO: Patrlcla C. Moore, Esq. Edson & Bruer, as Attorneys for JOHN Main Road Southold, NY 11971 DEMPSEY [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November ]8, ]987, the above appeal was considered, and the action lndlcated below was taken on your [×] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a ~ and [ ] Request for Special Exception under the Zonlng Ordinanc Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of JOHN DEMPSEY/ROBIN RAEBURN for Variances: (a) for final approval under New York Town Law, Section 280-a over the existing private right-of-way, and (b) for permission to locate proposed dwell- ing w~th an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Sect]on 100-119.2. Location of Property: Extendln9 at the north end of a private right-of-way (traveled over lands of Bok]na from the north side of Bridge Lane Extension and Oregon Road ]na northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prey. 3.4 and 3.5). WHEREAS, a public hearing was held and ber 10, 1987 in the Matter of the Application under Appl. No. 3564, and concluded on Novem- of JOHN DEMPSEY WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded, and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, ]ts present zoning, and the surrounding areas; and WHEREAS, the Board made the follow~ng Findings of Fact: 1. The premises ]n question is located in the A-40 Residential Zoning D]str~ct and is known and referred to as Lot No. 2 on the Minor Subdivision Map of Robin A. Raeburn and Mary Elizabeth Mur- phy prepared February 5, 1979, amended September 26, 1979, by Roder]ck VanTuyl, P.C. and endorsed by the Chairman of the Southold Town Planning Board on October 2, 1987. 2. The subject premises contains a total area of 48,525± (CONTINUED ON PAGE TWO) DATED: Form ZB4 November 18, (rev. 12/81) 1 987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 sq. ft., is presently vacant and County Tax Maps as Distr~ct 1000, (formerly 3.5 and 3.4). is identified on the Suffolk Section 73, Block 2, Lot 3.6 3. By this appllcatlon~ appellant requests: from the Provisions of Article XI, Section 100-119.2 sion to locate a new single-family dwelling structure with insufficient setback from 75-ft. bluff contour line at 22m and 28± feet from the top of bluff (at the outer edge)-see Map prepared by Anthony W. Lewandowskl July 14, 1986), and (b) Variance pursuant to New York Town Law, Section 280-a for final approval over existing right-of-way. (a) Variance for permls- an feet, 4. Article XI, Section I00-119.2, subparagraph AIl] requfres all bulldTngs proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. On-site inspections find as follows: (a) the predominant vegetation on the bluff face ~s Bayberry, however, areas along the top 20 feet of the bluff face are completely bare of vegetation, (b) the bottom third of the bluff face from the toe of the slope to approximately 40 feet up the face ~s also completely barren of vegetation. Th~s is a very critical area and poses a great threat of erosion from wave action during storm activity. Without the necessary support at the toe of the slope, the soil above w~ll slide downward and erode during or follow~ng storm activity. Any structures in close proximity to the edge are tn danger of falling over if such erosTon should take place; (c) the toe of the prevent continual erosion of similar structure. slope must be stabilized to the bluff with a bulkhead or 6. The dwelling as proposed is shown with a setback at 80± feet from the southeasterly corner of the dwelling and at 50± feet to the southerly property line. The angle of the bluff line ~s almost parallel with the south- erly property line, and the dwelling is angled 30± degrees to the north. 7. The upland d~stance between the outer edge of the top of the bluff and the southerly property line averages to 114± feet. The dimensions of the dwelling proposed by this application scale to 60 feet w~de by 35 feet deep. The total setback footage of the remaining open yard areas is 79± feet (114 less 35). The Board agrees the property is unique and variances are warranted, however, the close placement of the dwelling to the bluff edge not only appears unsafe and unreasonable, but also unwarranted. 8. Although there is a dwelling existing along the Long Island Sound bluff 225 or more feet (to the east) and a dwelling existing further to the west of the subject parcel, each parcel ~s unique not only as to-size, shape Page 3 Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 and character, but also as to erodlng bluff conditions. This Board finds that no structures should be permitted closer than 40 feet to the highest point of the bluff (or the 75-foot elevation line under consideration) for purposes of safety, health, welfare, convenience and order. 9. The right-of-way over which appellant has requested 280-a consideration ~s situated at the north s~de of Oregon Road (and Bridge Lane Extension), and extends ~n a northerly direction along the east side of Baxter's right-of-way and over lands of Boklna, a distance of 1868 feet, more or less, to a survey monument, then extending in an easterly d~rection along the northerly port~on of lands also of Bok~na, to the subject premises, a distance of 250 feet, more or less. 10. The applicant and h~s attorneys are aware that this Board does not have authority to determine or grant right-of-way easements, and th~s action does not grant or otherwise affect the appellant's rights, if any, to enter over and upon these lands. ll. It 1s also noted for the record: (a) that under Appeal No. 2609, a conditional 280-a Variance was granted on January 22, 1980 concerning this right-of-way; (b) that under Appeal No. 3478, a conditional temporary 280-a Variance was granted on September 11, 1986 concerning this r~ght-of-way; (c) that to date no ~mprovements have been made which would satisfy the requirements of the prior Z.B.A. actions or the requirements of New York Town Law, Section 280-a. 12. It is again the op~n~on of th~s Board that Improve- ments w~ll be necessary upon the r~ght-of-way for sufficient access by f~re and emergency vehicles, as further noted below. 13. It shall be understood that no building permits shall be ~ssued or construction take place until compliance w~th these requirements and pursuant to New York Town Law, Section 280-a. 14. In granting alternative relief herein, the Board finds: (a) the relief is substantial ~n relation to the requirements, (b) there will be no substantial change ~n the character of th~s dlstr~ct, (c) the relief as conditioned herein will not cause a substantial detriment to adJoining properties, (d) the c~rcumstances of the property are unique; (e) there ~s no other method feasible for appellant to pursue other than a variance; (f) in v~ew of the manner in which the difficulty arose and ~n consideration of all the above factors, justice will be served. Accordingly, on motion by Mr. Goehr~nger, seconded by Mr. Saw,ck,, ~t was RESOLVED, that: (1) The application as to an insufficient setback from the top of bluff as applied ~s DENIED, (2) Alternative relief is GRANTED for a reduced setback Page 4 - Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 from the top of bluff at not less than 40 feet for the proposed dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: (a) No excavation or disturbance of soils within 37 feet of top of bluff; (b) All water runoff shall be retained toward the house [to the south]; (c) Small two-to-three-foot high berms shall be placed along the southerly property line (to aid ~n the prevention of flooding of neighboring properties, farm, roadway, etc.); (d) The subject premises rema~nlng as a whole parcel, w~thout division, and more particularly Lot No. 2 as shown on the M~nor Subdivision Map for Robin A. Raeburn and Mary Elizabeth Murphy approved by the Southold Town Planning Board. 3. The York Town Law, THE FOLLOWING application as to approval Section 280-a, ~s hereby CONDITIONS: of access under New GRANTED, SUBJECT TO (a) Such access road shall have an unobstructed width of not less than .fifteen feet (except at the point where the barn exists), and ~mproved as follows: 1. Surface with a minimum depth of four Inches of packed 3/4-~nch stone blend, e~ther applied to the ground surface and shaped, or the surface be excavated to permit the application of packed stone blend to a depth of four ~nches (or more), OR 2. Remove top layer to a depth of e~ght inches and then fill with eight inches of compacted bank run, and then surface with two to four inches of 3/4-Inch stone blend; 3. Oiled with a minimum of 4/lOths of a gallon of road oil per square yard. No building permits, temporary or final Certificates of Occupancy shall be ~ssued until such access road has been constructed In accordance with these requirements (after notification to the Z.B.A. Office in writing). The Board of Appeals may make any reasonable except]on it deems appropriate under the circumstances. (c) The right-of-way shall be maintained at all times ~n good, satisfactory condition, The conditions hereunder shall apply to any and all lots claiming and requiring access over this r]ght-of-way, and w~ll also be subject to para- graph 3(b), supra [or as an alternative, re-apply to this Board under separate application for 280-a]. Vote of the Board: Ayes: Messrs. Goehrlnger, Gr]gon]s, Douglass and Saw]ckl. (Member Doyen of F].shers Island was absent.~ This resolution was duly adopted. GERARD P. GOEHR~NGER, C~IRMAN Signed: December 5, 1987 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~,OUTHOLD, N,Y. 11971 TEL.: 765-1803 proved .%.~.-q~ .~. } .~-., 199t. Permit No./.',~ ,approved a/c ................................ ,. ( Bul'Tl~lng Inspector) APPLICATION FOR BUILDING PERMIT Recezved ........... ,19... INSTRUCTIONS a Tins apphcation must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ; of plans, accurate plot plan to scale Fee according to schedule. b. Plot plan showing locat~on of lot and of buildings on premises, relationship to adjoining premises or pubhc streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this apph- ion. c. The work covered by this application may not be commenced before issuance of Budding Permit. d. Upon approval of tins application, the Building Inspector wall issued a Building Permit to the applicant. Such permit ti be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or m part for any purpose whatever until a Certificate of Occupancy 11 have been granted by the Building Inspector APPLICATION IS HEREBY MADE to the Budding Department for the issuance of a Bmlding Permit pursuant to the Idmg Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws~ Ordinances or ;ulahons, for the construction of buildings, additions or alteratmns, or for removal or demolition, as herem described. ~ applicant agrees to comply with all apphcable laws, ordinances, building code, housing code, and regulations, and to nat authorized inspectors on premises and in building for necessary ins2ections ?) ~ (Signature ~f apphcant,-or name, if a corporation) 2'7/ /J q2,,J //. , (Marling address of apphcant) rte whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. me of owner of premises . ./3..~% d~ .~ r~ .f....9~ ................................... (as on the tax roll or latest deed) ipphcant is a corporatmn, s~gnature of duly authorized officer (Name and title of corporate officer) . Budder's License No. 2 V. ~. L.....~//?a~./"t-s'..~..,...../~,.ff/0~' Plumber's L,cense No. ~. &. ~f. ~ .... Electncmn's L~cense No. ~ ~ Locationofland wh,ch proposed work wfll be done. .~f'./.4¢' /-4h~' '~"~"/'~'~"qf (~"~ t' on ....... ~ ..... ; .,. ................................. ~ - 'l~tamlet Ilouse Number Street ', ' County Tax Map No 1000 Section Block "~ Lot Subdiv~smn ........................... Filed Map No ...... Lot ........... (Name) State exmhng use and occupancy of pr~m~ses and intended use and occupancy of proposed constructmn: Existing use and occupancy . . . ~..~fl. ,,~.1~__/~. j~t/.//?~5 ..~..~. b. Intended use and occupancy ..... J'~4l.t~.,q. . ~. /,~7(~/~/ /( .ff~. . a~' .( ; .......... t 3. Nature of work (check which apphcable): New Budding .......... Addition .......... Alteration . ~. Repmr .............. Removal ........... Demohtion ........... Other Work ............. 4. Est~atedCost .......... ~ ~P ~ ..... Fee " (to be pa~d on filing this application) 5. If dwelhng, number of dwelling units ... ~ ......... Number of dwelhng units on each floor .............. If garage, number of em ....... / .............................................................. 6. If bus~ness, commercial or mixed occupancy, specify nature and extent of each type of u~ ........... , ....... 7. D~ens~ons~oeex~t~g structures, ffany. Front .... ~ ~ .~, ....., Rear .. ~ ~ J ....... Depth . ~ ~ ....... Height .~ .......... Number of Stones ... ~. ~(~...~.~ ................... e ........ D~ensions of same structure w~th alteratmns or addmons Front .... ~ ~. ...... Rear . . ~ ~ ........... ' .. ~. ............. Number ~f Stones ... ~.~. ~. Dep~ .... ~.~ ............... He:~t ... 2 8. D~ensmns of entire new construction' Front ............ Rear ............ Depth ............. 9. Sizeoflot. Front .... Fa~ ......... Rear...(CP. ............. Deeth ................... 10.Date of Purch~e ...~.'.~/./.¢.g~.: ...... Name of Fomer Owner . K~...~<* ....... 1 I. Zone or use d~strict in whzch premises are situated ...~<~ [~f144~fffl ................................. 12. Does proposed construction vxolate any zomng law, ordznance or re,Intron' . .. ~ ................... 13 Wall lot be regraded ..... ~ .................... Will excess fill be removed frmn premises' Yes 14. N~e of Owner of ~r~ses ~, ~.~.e ~ . Addre~ .~.7. ~- ~-~ ~.0 ~. ~one No ~ (~ :~-.q Name of Arclutec~6 .x . ff~15 ~ ........ Address . J ..... /~ . .. ~).. Phone No. :~.7~:. N~e of Contractor .~P~. ~.~q~ ........ Address .ffe~.~,. ~¢tea~hone No ............ PLOT DIAGRAM Locate clearly and d~stinctly all buddings, whether ex~sting or proposed, and. indicate all set-back dimensions property hnes. Give street and block number or descnpt:on according to deed, and show street names and indicate whetl interior or comer lot STATE OF NEW YORK, S.S COUNTY OF ................. · ./~. ~.qc...~/~ ,~.~ .4 .~.. ...................... betng duly sworn, deposes and says that he is the applk /(Name of individual s:gning contract) above named. He ~s the ......................................................................... (Contractor, agent, corporate officer, etc.) of smd owner or ownem, and is duly authorized to perform or have performed the smd work and to make and file apphcat~on; that all statements contained in th~s applicatmn am true to the best of h:s knowledge and behef; and that work wdl be performed m the manner set forth in the apphcation filed therewith. Sworn to before me this ............. .... ,,ayof ..... .......... lg.:r? .................. ~/I~L~ (S~gnature of apphc ¸FL I' I ' ......~" .......................... ' ............ ~.I --~'~ - L 17'- 0" .~*,s,~'~ ~'t~~' ~ ~' -,. ' t ,,~ , 'I ' ! ~, , , . .. , (~ OCCUPANCY OR USE IS UNLAWFUL WITHOUT CERTIRCATE OF OCCUPANCY PLUMBER CERTIFICATION ON LEAD CONTENT £EFORE CERTIFICATE OF OCCUPANCY SOLDER USED IN w;,. ,.. i:' SUPPLY SYSTEM CANNOT ~XC£ED ~./10 of I% LEAD. r t 14¸ ,f r · h 'i --%