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f..6 SUrZ'{EYC:: SEt:tI.} .'981
RqQ.ERICK VAN TUYL. P.C,
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LICENSED LAND SURVEYORS
GREENPORT NEW YORK
SUFFOLK CO. HEALTH DEPT. APPROVAL
H,S. NO.
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STATEMENT OF INTENT
THE WATER SUPPL Y AND SEWAGE DISPOSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
SUFFOLK CO. DEPT OF HEALTH SERVICES.
(SI
APPLICANT
SUFFOLK COUNTY
SERVICES-FOR
CONSTRUCTION ONL Y
DATE:
H, S. REF. NO.:
APPROVED:
DEPT OF HEALTH
APPROV AL OF
SUFFOLK CO, TAX MAP DESIGNATION:
DIST, SECT. BLOCK peL.
i /:",':"&3
OWNERS ADDRESS:
5 12ANDY :..ANE
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PLAil'h'iE'd, "-JY iiSe)?
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;38'1988
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MAP AMfNDED - OCT. 31,1989
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ROQERICK VAI'l T.UYL. ".C.
;;Z . V _ T---z.A..
LICENSED LAND SURVEYORS
GREENI'ORT NEW YORK
SUFFOLK CO. HEALTH DEPT APPROV AL
H.S, NO,
\
'.(
STATEMENT OF INTENT
THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
SUFFOLK CO, DEPT OF HEALTH SERVICES.
(51
APPLICANT
SUFFOLK COUNTY
SERVICES - FOR
CONSTRUCTION ONL Y
DATE:
H. S. REF, NO.:
APPROVED:
DEPT OF HEALTH
APPROVAL OF
SUFFOLK CO. TAX MAP DESIGNATION:
DIST. SECT. BLOCK PCL,
1......-"
-J'J.~'
83
OWNERS ADDRESS:
5 CANDY cANE
-,-....-.-... '.--'- -.....--.-
PlAINVIEW, ',lY' \ ,ec)3
; 38 ..~988
DEED: L. N/A
TEST HDL
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f.iducalion Ln.
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!neland surveyor"l""''''.
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THIS LOT LINEcHANGE BETWEEN
IS LOCATED ON
IN SCTM# 1000-
AND
LOT LINE CHANGE
Complete application received
7/111 ~(,
Application reviewed at work session
11151 %
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Applicant advised of necessary revisions
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Revised submission received
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Lead Agency Coordination
SEQRA determination
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Sent to County Planning Commission
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Review of SCPC report
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Draft Covenants and Restrictions received
Draft Covenants and Restrictions reviewed
Filed Covenants and Restrictions received
~~~
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Final Public Hearing
S'* hu.r"'o .&:or~ .zh..t 'i4
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Approval of Lot Line
-with conditions
~~1 -7~Ttb 10/13)'1
Endorsement of Lot Line
ms 1/1/90
,
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APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for ~~ (final) approval of a subdivisinn plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be . :49.t:. )..:\-!1.~. .c;J:l!'\I:1g.~. .~9:r:. J':.'!ii. .?al.la.........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The entire land under application is described in Schedule uA" hereto annexed. (Copy of deed
suggested.)
4. The land is held by the applicant under deeds recorded In Suffolk County Clerk's oifice as
follows:
Liber '" 9 7. Q~. . . . . .. .. .. .. .. . Page .... ;3.Q .. . . . . . . .. . . . .. On
.2:!.~ 0/7.0 . . . . . . . . . ;
Liber ...6.7.39................ Page ....4.Q5.............. On ....'::i/.717.0.
k.iber ........................~...................... lOO<.......................;
xbdk~ ........................ R;xgex . . . .. .. .. .. .. .. .. .. ... JOn< . .. .. . . .. . . . . .. . .. . .. .. ;
xfMR~ ........................ *'~ . .. .. .. .. .. . . .. . . . .... XXx . . . .. .. .. .. .. .. . . . .. . . . ;
~lu*x~el{}tlwcuIDClW:It::aKd!:ID.I~lIQl{MXiXfx . . . . . .. . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . .
lXXlsIDlstNku4xe< . . . . . .. . . . . .. . . .. .. .. .. ..
5. The area of the land is 5.,.00.0 . sq.. . f.t. }GXl!eX
6. All taxes which are liens on the land at the rlate hereof have been paid ~tqX ............
not
i. The land is/encumbered by . !'\I:1Y . . . . . . . ..
mortgage .($~~~,]tA{:
~xMJil~xmlOtll4@{1ttc~
. . . . . ~ ............. . . .. . XncroXg\iHaiXlX1lOKJXt
iXfx$c. .. . .. .. . .. ... Knp9Jdx~~ .....
. ... ~Ng~......................
. . . . . . . .. . . . . . )All~MiX. . . . . . . . . .. . . . .. . .
(lb1l:WlW(~mrooxdeld>>xIDdll<< ......... ~ ....................... if1X:atrigtlll3l:XlX1lOxm
<Xx. . . . . . . . . . . . . . X1XpcKd"emoxm$:. . . . . . . . . . . . . . . . . . . . .. l<etd!:~ ......................
. . . . . . . .. . . . . . >GJldax:l5K... .. . . . . . . . . . .. .
, ...
..
~cipi.'i!f~mf/KX~kixkitllL!K . . . . .
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........... .>iK~~~}ROX~
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0{ .............. X1KpcroxlUmllKlIDC$:. . . . . .
belrl{Jb~ ......................
...................... ll!Xbt~ ...........
8. There arc no other encumbrances or liens against the land 2eXlmpX . . . . . . . . . . . .. . . . . . . . . . . .
9. The land lies in the following zoning use districts .. R-:4P. . REl\3.l.Q!".nt.i.<l.l. . l..Ow. . D.en.s i ty
10. Xo part of the land lies under water whether tide water, stream, pond water or otherwise, K'K
Ofptt ..................................................................................
11. The applicant shall at his expense install all required public improvements.
12. The land ()ilKS) (does not) lie in a Water District or Water Supply District. ~MXEOOx
xM~itx1lliJtroxxlDi~~. . . . . . . . . . . . . .. . . . . . . . .
No l' t
1.1. AVater mains will be laid by . i",Pp. . ;t.c;~,T).. .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
lllKiX~*x~x1IlIIllgXlllIH!lI::1\KlIQKIlt/ll:Xxli~a4HIXlJCl\'altd{XMim.
No
!-t. A;:lectric lines and standards will be installed by . app.1Lc:ant.. .elC.i.\3.t;in9. .:I;.i.l.9.Q....
.l?!"XY.:i,9~. PI).. .G)...~I).. .<;9.~r.1;,..... <mdx~hmaKk!ld>>~~.i.-l:bbe~Jt=i>>~K!Xilll:1tM!I:
lfuIlll:ll{
No
15. .tas mains will be installed by . appli-Giint....... _.. ...... _ _.... .... _ _ ..... _. ..... _ _. _ _.
)IlKd<:X>tJlt)cX*~XXicH:gllClI'idkilre{coxdedioKXooxat~sOOkmeim.
16.
If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Seheri'nTe-.iJ-E" hereto, to show same.
~irch Ltnepaud Glen Court arj fri~atel~Q~dS and are shown on survey of Roderick
I an Tuy ~ .\..;. IasLIrev1se.d.. u e ,)1' 'j'j. b -. II' '1
streets snown on the p at are cl.ume by t le app icant to e eXIstmg pl1) IC streets In t le
Town of Southold Higl1\v~ system, annex Sen-e~t!'Ie-'J€" hereto to show same. .
~~Kc~u~t~ep~e~ I~~'f ~~~i~ear~uR~i~~;e19'9t~s and are shown on survey of Roderick
There are no existing- buiidings or structures on the land \vhich are not located amI shown
on the plat.
17.
IS,
19. \Vhere the plat shmvs proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing' maps at their conjunctions .with the proposed streets.
20. In the course of these proceedings, the app licant will ()ffer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots 3howi~1g- all rt"strictions. covenants, etc. Annex
Schedule xxxx. liB".
,
.
..
..
wi'
22. The applicant estimates tbat the cost of grading and required public improvements will he
$.. .-:-.0.-:-.. as itemized in Schedule uE" hereto annexed and requests that the maturity of the
Performance Bond be fixed at . . . . .-: 9:-. . . . . . years. The Performance Bond will be written by
surety company unless otherwise shown on Schedule !OF",
';//H "f/
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. . . . . . . . . . . . . . .
J{~~
(Name of Applicant) Eva Halla
~...................................
~JUgx>>x~)
5 Randy Lane
Plai.ny'ie~~. .Ne:w. X<?~.k. .1l8.~~............
'THE OF XCW YORK. COUNTY o:?? ~............. ".
On thc .. ~~~...... day Of............~..., 19.9.6..., before me personally came
.. .~X~. .~?~f-.q............................ to me known to be the individual described in and who
executed the foregoing instrument, and ackno\vledged hat.. )?11.~.....
MARY L BIANCO
. . . . . . . . . . '}al!~. .STm OF NEW. YORK
" . ulSI 4675483
aU^:',flr:D Ii; \UFFCU( COUNTY
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ST.\TE OF C\'EW YORK, COUNTY OF............................ 55:
On the...
day. . . . . . . . . . .. of .... . . . . . . . . . " 19......, before me personally came
. . . . . . . . . . . . . . . . . .. to me known. who being by me duly sworn did de-
pose and say th;1t ............ resides at No.
. . .. that .......................,.. is the .......,..
................ of
the corporation described in and which executed the foregoing instrument; that ............ knows
the ~e;11 of said corporation; that the seal affixed by order of the board of directors of said corporation.
:llld tkll
signed .............. name thereto by like order.
Notary Public
;/'
/'
..
..
SCHEDULE A
ALL that certain street, road, avenue and court, situate,
lying and being in the Town of Southold, County of Suffolk and
State of New York, known and designated as the westerly 100 feet
of "Glen Court", containing 5,000 sq. ft., on a certain map
entitled, "Map of Birch Hills at Cutchogue" and filed in the
Office of the Clerk of the County of Suffolk on July 19, 1967
as Map No. 4908 and being more particularly bounded and described
as follows:
G~ BEGINNING at a point on the southerly side of Glen Court
41.43 feet westerly from the corner formed by the intersection
of the southerly side of Glen Court and the westerly side of
Birch Lane; running thence along the southerly side of Glen Court
which is also the northerly side of Lot No. lIon the aforesaid
map South 60035' 20" West loo.b feet. to land now or formerly of
Domaleski; running thence said last mentioned land North 370 33'
40" West 50.51 feet to the northerly side of Glen Court which
is also the southerly side of Lot No. 1 on the aforesaid map;
running thence along said last mentioned land North 600 35' 20"
East 100.0 feet to a monument and Lot No.2 on the aforesaid map;
running thence through Glen Court South 370 33' 40" East 50.51
feet to the southerly side of Glen Court which is also the
northerly side of Lot No. lIon the aforesaid map and the point
or place of BEGINNING.
~
..
I
..
14-16-4 (21Bn-Text 12
PROJECT 1.0. NUMBER
617.21
Appendix C
Slate Environmental Quality Review
SHORTEN~RONMENTALASSESSMENTFORM
For UNLISTED ACTIONS Only
SEaR
PART I-PRJJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. AP?L1CAf\ T ISPONSOR \ 2. PROJECT NAME
Eva H3.11a Lot line chancre for Eva Halla
3. PROJECT LOCATION:
Municipality Town of Southold County of Suffolk
.. PRECISE _DCA TION (Street address and road intersections, prominent landmarks, etc., or provide map)
Westerly side of Glen Court, 41.43' west of Birch Lane,
Cutchogue, New York (Suffolk County Tax Map No. District 1000,
Section 083.00, Block 01.00, Lot 001.000 - Lot No. 1 "Map of
Birer. Hills')
5. [$ PROPOSED ACTION:
IXI New o Expansion o Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Obtair, approval to transfer the westerly 100 feet of Glen Court,
containing 5,000 sq.ft., presently owned by Birch Hills Property
Owner,s Association, Inc. and merge same with Lot No. 1 on the
"Map of Birch Hills", presently owned by Eva Halla.
7. AMOUNT OF LAND AFFECTED:
Initially 'i.000 "q.ft.<il!ilIS{ Ultimately ~ n n n eN -Ff- :lliXdil
8. WILL PROPOSED ACTION COMPLY WITH eXISTING ZONING OA OTHER EXISTING LAND USE RESTRICTIONS?
~Ves CNo If No. describe briefly
9. WHAT IS PRESENT LAND USE IN VIClNITY OF PROJECT?
~ Residential o Industrial o Commercial o Agriculture o Park/Forest/Open space o Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
DVe. IXI No If yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTlor~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
I(] Yes ONO If yef., tlst agency name and permillapproval
Sou.tbold Town Zoning Board of Appeals on May 30, 1990, Appeal No. 3914
12. AS A RESULT OF PROPOSED ACTION WILL EXISTiNG PERMlTIAPPRQVAL REQUIRE MODIFICATION?
DVe, []I:No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Eva Halla Dale: 7/IJ/tJb.
,{ti tt ){CJ!t.. / !
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II-ENVIRONMENTAL AS.Sa (To be completed by Agency) . .
~';'
A. DOES ACTION EXceED ANY TYPE J THRESHOLD IN 6 NYCAA, PART 617.12? If yes, coordinate the review process and use the FULL EAF.
OVes ONo
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FDA UNLISTED ACTIONS IN 6 NYCRA, PART 617.6? 'f No. a negatJve det:laratlon
may be superseded by another involved agency.
OVes ONo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, it leglblel
C1. Existing air Qualily. surface or groundwater Quality or Quanlity. noise levels, existing traffic patterns, solid waste production or disposal,
potential for ~rosion. drainage or flooding problems? Explain briefly:
C2. Aestheilc, agricuitu,"l. ",chaeologlcal, hlslorlc. or other natu,"1 or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegelallon or fauna, IISh, shellll,f' or witdHfe species, Slgniticant habitats, or threatened or endangered species? Explain brielly:
C.. A community's exisling plans or goals as officially adopted, or a change in use or Intensity of use ~, land oiolher natural resources? Expfain briefly.
C5. Growth. Subsequent development, or related activilies likely 10 be induced bV the proposed action? Exolain brie/ly.
e6. long term, short term, cumulative, or other effects not idenlifled in Cl.CS? Explain briefly.
C7. Other Impacts (inClUding Changes in use ot either Quantity or type of energy)? Explain briellV.
D. IS THERE. OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
DYes ONO If Yes, explain briefly
,
PART III-DETERMINATION OF SIGNII':ICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse e/fect identified above, determine whether it Is substantial, large, Important or otherwise significant.
Each e/fect should be assessed In connection with Its (a) selling (i.e, urban or rural); (b) probability of oCcurring; (c) duration; (d)
irreverSibility; (e) geographic SCope; and (I) magnitude. If necessary. add attachments or reference Supporting materials. Ensure that
ex plana lions contain sutflcient detail to show that ail relevant adverse Impacts have been Identified and adequately addressed.
o
8
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occw:. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
Check 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
AND provide on attachments as necessary. the reasons Supporting this determination;
Name 01 Lead "'senev
PrlOt or Type Nilme oi Responsible Oitieer 10 lead Aleney
TiCle of Responsible Ofticer
Sltn,oHure 01 ResPo05lble Officer In lead Alene.,
Siln.uure 01 Pr"p,lfer (If different from responSible otticer)
Oate
2
..
,," --U'L~ ..
, -,.. '... ~
c.;.\. r I"~-
PLA~'NING71f()''\ho
(j~ ;:../I"'~'",\-:--:'t\
!-,_ .-;:e'-~'H.,:::.'\:-,~
TOWNO!:'SOu,y:nOLD
~ '-' -, ..~1 ...",.... -'.J
~\~ '.~:.....~'9;.~. "~rrt
StJrtOLK:=COt', TY
'~'J" '1 '\0 '
./.. :'."1' ..,1
~,
Soulhold. N.Y. 11971
(516) 765-1938
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICi\TIONS FOrn-IS TO THE PLANN ING BOARD
Please complete, sign and return to the Offi.ce of the .Planning
Board with your completed applications for~s. If your answer
to any of the following questions is ves, please indicate
these on your guaranteed surveyor submit other appropriate
evidence,
1. Are there any wetland grasses on this parcel? ~ No
(Attached is a list, o.f the 'vetland grasses defined
by the !own Code, Chapter 97, for your reference)
2. Are there any other premises under your ownership
abutting this parcel? X>>~ No
3. Are there any building permits pending on
this parcel?
~
No
4. Are there any other applications pending
concerning this property before any other
department or agency? (Tmvn . State, County, etc.) ~. No
5. I~ there any application pending before
any other agency with regard to a different
project on this parc~l?
J6lBsc
No
6. Was this property the subject of any prior,
applica tion to the P lannin,? Board? Planning Board
. ~~~~t~~. SY~2~;.ision approval on 'Map of ~ir"h Hills': on .
7. boes th1S property have a va11d cert1f1cate
of occupancy, if yes please submit a copv of same
(Vacant L.md) ,. . .
!Ie..
IW<
XIlec9c' ,
No
I certify
on by the
~tt
SJ.gnaturc'
Eva Halla
that the above statements are true
Planning Board in considering ~his
K at/4 .
of property owner or authorl~cd agent
and will be relied
apPl.ica tion.
7/5/96
date
. ...-
...-
Attachment to questionnaire [or the Planning Board
1!I1lc<<~
STATE OF N~~YORK. COUNTY ~F ~ ss:
On the 3' day of ~'-~. 19 ~ before me personally
Came EVA HALLA to me known to be the
individual described in and who executed the foregoing instrum
and acknowledged that
MARY l BIAI/ca
ST
. OIBI 4675483 .
co~~~~::~~ ~:'U:isa~cKTcOUI/Ta /
.30,19/?-
,:J"; <.~
.....
..
..
July 5, 1996
Southold Town Planning Board
Tmvn Hall
South01d, New York 11971
Re: Lot line change for
Eva Halla
Gentlemen:
The fOllowing statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads "ire proposed and no ch~ng~s ~{ill ~e made In
the grades of the existi~g roucs.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours trUly,
C~~ ,ffr~~
Eva Halla
f
I.,
. ,
"
,
frfS
(SufJF ~)
Southold Town Hall
P.O. Box 1179,53095 Main Road
Southold, New Yotk 11971
Fax (516) 765-1823
Telephone (516) 765-1937
Scott A Russell, Chairman
Darline J. Duffy, Assessor
Robert 1. Scott Jr., Assessor
BOARD OF ASSESSORS
TOWN OF SOUTHOLD
From:
4/7/98
Melissa Spiro ?-.
Scott A. Russell 7
Birch Lane
o.tB:
To:
HE:
Please be advised that a request has been made by Mr. Lark to merge a property
identified as SC1M# 1000-83-1-1 with a portion of property currently known as
"Glen Court". The portion is the width of the aforementioned lot and is the
western most section of the road. We have merged these properties and the new
tax number is 83-1-36.1
If! can be of further assistance please let me know.
'1\81 q~
S:"i""\.;e. To ~"'b<.<<' 12 L4f'c\~ o{l(~ .
~'( 'v'{ s-\\\\ v..>Drlc-\N~ o-r.. -r.... ULLo
eG.~<;'
MS bPWq)
I ~PIl 1 19!1l
sout\1Old iOW~
Planning Boar
1/16198
.
.
.
;.15
(SufJF ~)
Southold Town Hall
P.O. Box 1179,53095 Main Road
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1937
Scott A. Russell, Chairman
Darline J. Duffy, Assessor
Robert 1. Scott J r., Assessor
BOARD OF ASSESSORS
TOWN OF SOUTHOLD
DaI8.
4/7/98
Melissa Spiro ~
Scott A. Russell ':7
Birch Lane
To:
From:
REo
Please be advised that a request has been made by Mr. Lark to merge a property
identified as SCTM# 1000-83-1-1 with a portion of property currently known as
"Glen Court". The portion is the width of the aforementioned lot and is the
western most section of the road. We have merged these properties and the new
tax number is 83-1-36.1
In can be of further assistance please let me know.
n~q)
1m ~I'R 1 19!IIl
southOld TOV\l~
Planning Boar
1/]6/98
.
.
S,,'o~',
f'8
.....S
LARK & FOLTS
Attorneys at Law
MAIN ROAD - p, 0, BOX 973
CUTCHOGUE, NEW YORK 11935-0973
(516) 734-6807
RICHARD F, LARK
MARY LOU FOL TS
October 24, 1997
Ms. Melissa Spiro
Southold Town Planning Board
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
RE: Lot line change for Eva Halla and Birch Hills
Property Owners Association, Inc.
(SCTM #1000-83-1-1)
Dear Ms. Spiro:
Pursuant to my telephone conversation with you in connection
with the above-captioned matter, I am enclosing copies of the
following:
1. Deed from Birch Hills Property Owners
Association, Inc. to Eva Halla dated
August 25, 1997 and recorded in the
Suffolk County Clerk's Office on
September 24, 1997 in Liber 11853
Page 511 which conveyed the 50 foot
strip.
2. Deed from Eva Halla to Joseph C.
Casarona and Charles P. Casarona
dated August 25, 1997 and recorded
in the Suffolk County Clerk's Office
on September 24, 1997 in Liber 11853
Page 512 which conveyed the 50 foot
stip together with Lot No.1.
"10'1\\1
~,,<. -to "&..\,~u(O> L...fk:'", ~... ~hard F.
RFL/bd 71:, q"",'~'", '
Enclosures ' , 'a ..,......." LII..CO .A~.
Ms
~
I ~".:;:::;-'-'1-.';:;n"'~-' Q~l
l~' I? 0.' '." I, \" ffi I
l!; \.c] "', Ii u,~ ,1l
UJ......... ~..'"".,.., 0" 000_""..01'.', 1...
' 1.1
n ! NOV I 2 1991 ,:;!
-ll f
...
11853 PL511
.
.
[]
RECORDEr)
CJt;
10
Number of pages
.5
RECEIVED
$.20
REAL ESTATE
SEP 2 4 1997
TRANSFER TAX
SUF1=Ot.K
97SEP24 MIIl:02
TORRENS
ED"" '''', ,', .,,"" "r
rjVj'd\~1 i', , .! ,'t:Ht
CLLiii\ ut
SUFFOUi COUHTY
Serial #
Certificate #
Prior Clf. #
Decd / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
4
Handling
./
1c.5 '_
..5'
~-
Mortgage Amt.
Page / Filing Fee
1. Basic Tax
TP-584
2. Additional Tax
Notation
Sub Total
EA-52l7 (County)
EA-52l7 (State)
R.P.T.S.A.
O.
.::L<.~
,/
/..:;, .-==-
Sub Total
30 .-=-
Real Property Tax Service Ag
Disl. Section Block
L-~5 .~
r7.0' ~
/- .-
Spec.! Assit.
or
Spec. /Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Apportionment _
Transfer Tax ~ C ..-'''
Mansion Tax
The propcrty covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriale tax clause on page #
of this instrument.
Comm. of Ed.
5.~
Affidavit
Certified Copy
Reg. Copy
Sub Total
Other
L
--",
..,,"
.. .
'0
6
Title Company Information
Lot
1000
083.00
01. 00
Ticor Title Guarantee Company
o .3l:. 000 Company Name
11935-0973
r:.v t~ ./.t"
FEE PAID BY:
Cash Check X Charge
Payer same as R & R
(or if different)
NAME:~;18rHjr /;;~~r:;;et
ADDRESS: p-d:!A~{JIf
J:I/ter/'~u// 1Jt.j /1'1 III
1297-05230
Title Number
LARK & FOLTS
MAIN RD
POBOX 973
CUTCHOGUE NY
ESQS
7
RECORD & RETURN TO
(ADDRESS)
Suffolk County Recording & Endorsement Page
9
This page forms part of the attached
Deed
(SPECIFY TYPE OF INSTRUMENT)
made by:
BIRCH HILLS PROPERTY OWNERS
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
ASSOCIATION. INC.
TO
In the Township of
Southo1d
EVA HALLA
In the VILLAGE
or HAMLET of
Cutchogue
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
Page 1 of 5
12..0104..2115""
riI.Y.S.
l'ransfer
l'ax
$20.00
T.\:-; ,1.\1'
] )l->I(~:\.\TI():\
IJ,.I 1000
'" 083.00
Illk 01.00
1...II,x P/O
004.000
;:~~:~:'~~:R ::;:;;:t:"S~~:~;~I~~I:';:~~:~:E:;:~~I:::S-::.;~';'~~::~~;:~ USED BY LAWYERS ONLY.
THIS INDENlURE, made the25th day of August ,nineteen hundred and ninety-seven
BETVVEEN BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC., a New York
corporation with offices at (no #) Birch Lane, Cutchogue, New York
11935
party of the first part, and EVA HALLA, residing at 5 Randy Lane, Plainview,
New York 11803
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten and 00/100----------
------------------------ ($10.00) ------------------------------dollars,
lawful money of the United States,
and other valuable consideration
paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
succesS()rs and assigns of the party of the second part forever,
AlJ... that certain plot, piece or parcel of land, with the huildings and improvements thereon erected, situate,
lying and being in the
(SEE ATTACHED SCHEDULE A)
Page 2 of 5
.
.
SCHEDULE A
ALL that certain street, road, avenue and court, situate,
lying and being in the Town of Southold, County of Suffolk and
State of New York, known and designated as the westerly 100 feet
of "Glen Court", containing 5,000 sq. ft., on a certain map
entitled, "Map of Birch Hills at Cutchogue" and filed in the
Office of the Clerk of the County of Suffolk on July 19, 1967
as Map No. 4908 and being more particularly bounded and described
as follows:
BEGINNING at a point on the southerly side of Glen Court
41.43 feet westerly from the corner formed by the interse~tion
of the southerly side of Glen Court and the westerly side: of
Birch Lane; running thence along the southerly side of Glen Court
which is also the northerly side of Lot No. lIon the aforesaid
map South 600 35' 20" West 100.0 feet to land now or formerly of
Domaleski; running thence along said last mentioned land North
370 33' 40" West 50.51 feet to the northerly side of Glen Court
which is also the southerly side of Lot No. 1 on the aforesaid
map; running thence along said last mentioned land North 600 35'
20" East 100.0 feet to a monument and Lot No.2 on the aforesaid
map; running thence through Glen Court South 370 33' 40" East
50.51 feet to the southerly side of Glen Court which is also the
northerly side of Lot No. lIon the aforesaid map and the point
or place of BEGINNING.
BEING AND INTENDED TO BE part of the same premises conveyed
to the party of the first part by deed dated April 21, 1970 and
recorded in the Suffolk County Clerk's Office on May 7, 1970 in
Liber 6739 Page 405.
This conveyance is made in the regular course of business
actually conducted by the party of the first part as the purpose
of this deed is to merge the aforedescribed parcel of land with
Lot No. 1 on the "Map of Birch Hills at Cutchogue" so as to have
one building lot pursuant to the resolution of the Southold Town
Planning Board dated January 13, 1997.
fl'Tj<' 3 cfS-
.
.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets ~nd
Toads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part 111 and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
I N PRESENCE OF:
BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC
By
&~~..;;tvu
Barbara Reiter, President
Page 4 of 5
. STAn ~;~\{~~ J~iJJr J.
On the day of
personally ca.me
.
19
sa: STATE OF NEW YOI~NTT OF
. before me On the da. y of
personally came
19
before me
to me Icnown to be the io<:iivilual
executet. the foregoing illS! rument,
executecl tl:1e 5aII1e.
described in and who
and acknowledged that
STATE 0' NEW YOlK. COUNTI OF SUFFOLK
On the 25th day of Auguf;t 1997, before me
personally came Barbara !lei ter
to me kllown, who, being by m ~ duly sworn, did depose and
say that he resides at~ (no #) Birch Lane.
Cutctogue, New Ycrk
that sle is the President
ofBIRC H HILLS PROF E!lTY OWNERS
ASSOC IATION, INC. , the corporation described
in and \/hich executed the~or'~going instrument; that he
knows the seal of said cOIpo,oation; that the seal affixed
to said instrument is such corporate seal: that it was so
affixed hy order of the boa -d of directors of said corpora-
tion, and that she signed her name thereto by like order.
~-7 ~
R//~~~
~c/ . I
otary Pl.b:_i
RICHARD F.LARK
N< lary PIi>l"IC, Slate 01 New York
110. .1432500. Suflolk Counly
CollllnhsiM f.~pires Aug. 31, 1998
JlarlJain anb ~a\J: :l9erb
\-VI III C:OVENAN'! ACA1NST C RAN r OR'S Ac J S
TIT! E No.
BIRCH HILLS PROPERTY OWNERS
ASSOCIM'ION, INC.
TO
EVA HALLA
D"Jnbuud b)
fIJ
TICOR TITLE GUARANTEE
u:
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged tbat
n: STATE OF NEW YORK. COUNTY OF
55:
On the day of
personally came
the subscribing witness to the foregoing instrument,
\../hom I am personally acquainted. who, being by me
sworn, did depose and say that he resides at No.
19
before me
with
duly
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOr
COUNTY OR TOWN
TAX BILLING ADDRE:iS
Recorded At Request of Ticor Title Guarantee Company
DTURN BY MAIL TO,
LARK & FOLTS ESQS
MAIN RD
POBOX 973
CUTCHOGUE NY 11935-0973
Zip No.
Page 5 of 5
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11853 PG512 .1 III
-'
Number of pages .!/
TORRENS
Serial #
Certificale #
Prior Clf, #
Deed / Mortgage Inslrument
4
Page / Filing Fee
/.5.~
Handling
,5.
/-~
.:;> .
TP-584
Notation
EA-52I7 (County)
..L;" Sub Total
~':J-.~
l3 .-=-
EA-52l7 (Stale)
R,P,T.S,A,
Comm. of Ed.
5.~
Affidavil
Certified Copy
Reg, Copy
Other
Sub Total
07022
REceIVED
$.3+0
REAL ESTATE
SEP 2 4 1997
TRANSFER TAX
SUFFOLK
COUNTY
.
o
"
J
/ I~ ,,/
RFr:ormFn.
97SEP24 tdlll:04
ED'lrid;, P, ::j 'idUE
eLF-li;\ :,;F
SUFFOU\ CUUNTY
07022
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
Mortgage Amt.
I. Ba,ic Tax
2. Additional Tax
Sub Total
-30-
Spec./Assit.
or
Spec. /Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Apportionment _
Transfer Tax 3 ~7 .-
Mansion Tax .
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES orNO_
If NO, see appropriate tax clause on page #
of this instrument.
5'3
,,?,3
--
Dis!.
Section
Real Property Tax Service Age cy Verification
Lot
RECORD & RETURN TO
(ADDRESS)
Suffolk County Recordin & Endorsement Page
1000
083.00
1000
083.00
LARK & FOLTS ESQS
MAIN RD
POBOX 973
CUTCHOGUE NY 11935-0973
7
9
This page forms part of the attached
EVA HALLA
TO
JOSEPH C. CASARONA and
CHARLES P. CASARONA
Block
Title Company Information
Ticor Title Guarantee
Company
01. 00
Company Name
001. 000
01. 00
1297-05230
Title Number
o Le..OOO
Charge
10.
Deed
(SPECIFY TYPE OF INSTRUMENT)
made by:
The premises herein is situated in
SUFFOLK COUNTY. NEW YORK.
In the Township of Southold
In the VILLAGE
or HAMLET of
Cutchoque
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12001M..2II5Mcs
Page 1 of 5
.
N.Y.S.
Transfer
Tax
$340.00
'1.\\ ".\1'
IW"I(;:\,\Tll).\:
Il", 1000
"" 083.00
I III 01.00
].,(1,1
101.000 &
'/0
104.000
;;~:~~:' ~~:R :;':~i.:"~;::;;~'~~;:';:~;:~:"E:;:;'~I;'I:S;.~~JT"~~:~:;i:~ USED BY LAWYERS ONLY.
THIS INDENnJRE, made the 25th day of August ,nineteen hnndred and ninety-seven
BE~ EVA HALLA, as surviving tenant by the entirety of Vaino Halla,
who died on April 27, 1983, a resident of Nassau County, New York
(Surrogate's Court File No. 2256-83), residing at 5 Randy Lane,
P1ainview, New York 11803
party of the first part, and JOSEPH C. CASARONA, residing at 705 Birch Lane,
Cutchogue, New York 11935 and CHARLES P. CASARONA, residing at
54 Cornflower Lane, East Northport, New York 11731, as joint
tenants with right of survivorship
party of the second part,
WITNESSETH, that the party of the first part, ill consideration of Ten and 00/100---------
-------------------------($10.00)-----------------____------- do"u~
lawful money of the United States.
and other valuable consideration
paid
by the party of the second part, docs hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party uf the SC(O!H! part forever,
AIL that certain plut, piece or parcel of land, with the buildings aml impruvements thereoll erected, situate,
lying and being in the
(SEE ATTACHED SCHEDULE A)
Page 2 of 5
.
.
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate,
lying and being in the Town of Southold, County of Suffolk and
State of New York, known and designated as Lot No. 1 and the
westerly 100 feet of Glen Court on a certain map entitled,
"Map of Birch Hills at Cutchogue" and filed in the Office of the
Clerk of the County of Suffolk on July 19, 1967 as Map No. 4908,
said lot and part of street being more particularly bounded and
described as follows:
BEGINNING at a point on the southerly side of Glen Court
41.43 feet westerly from the corner formed by the intersection
of the southerly side of Glen Court and the westerly side of
Birch Lane; running thence along the southerly side of Glen Court
which is also the northerly side of Lot No. lIon the aforesaid
map South 600 35' 20" West 100.0 feet to land now or formerly of
Domaleski; running thence along said last mentioned land North
370 33' 40" West 255.51 feet to the southerly side of the "Park
and Playground" as shown on the aforesaid map; running thence
along said last mentioned land North 600 35' 20" East 100.0 feet
to Lot No. 2 on the aforesaid map; running thence along said
mentioned land and along the westerly side of Glen Court South
370 33' 40" East 255.51 feet to the northerly side of Lot No. 11
on the aforesaid map and the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the
party of the first part by deed dated February 13, 1970 and
recorded in the Suffolk County Clerk's Office on February 20,
1970 in Liber 6708 Page 30 and deed dated August 25, 1997 and
being recorded simultaneously herewith in the Suffolk County
Clerk's Office.
fr:rj'e J r(- .J
. .
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets ~nd
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
Ar<lD the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement Lefore using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
~ )(a/lZ
Eva Halla
Page 4 of 5
Li..b;).) "'cIJJ...
. 'STATE OF NEW YOU. COUNTY OF SUF.LK
On Ihe 2 'it.h day of August 1997, before
p'''5<.",lIy elme EVA HALLA
to rre known to be the individual
exec'lb:d the foregoing instrument.
ShE exeouted the sane.
described in and who
and acknowledged that
---- wi/f~ff!/.<
RICHARD F.LARK
Nolarv F'IAlIIc. Slale of New York
No. '432500. Suffolk County
CommlsslOl' f,oirl1$ AIJ'1. 31, 1998
STATI! C'F IIEW YORK. COUNTY OF
On tle day of 19 , before me
personally came
to Ill( known, who, being by me duly sworn, did depose and
say that he resides at No.
thaI
of
he jis the
, the corporation described
in an 1 '.vhich executed the foregoing instrument; that he
know:; ~he s('al of said corporation; that the seal affixed
to said instrument is such corporate seat; that it was so
affix,d by oder of the hoard of directors of said corpora-
tion, and thai he signed h name thereto by like order.
~atglllin anb ~lIle 1Deeb
\VIIII COV\;NANI ACAINST CRANIOK."S AClS
TIT! . No.
EVA. HALLA
TO
JOSEPH C. CASARONA and
CHARLEi3 P. :ASARONA
V,I/nb""d !>}'
.
TICOR TITLE GUARANTEE
u: STATE OF NEW YORK.AUNTY OF
me On the day :f"
personally came
u:
19
before me
to me known to be the individual
executed the foregoing instrument,
exeouted the same.
described in and who
and acknowledged that
..: STATE OF NEW YORK, COUNTY OF
55:
On the day of
personally came
the subscribing witness to the foregoing instrument,
whom I am personally acquainted, who, being by me
sworn, did depose and say that he resides at No.
19
, before me
with
duly
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
TAX BILLING ADDRESS
Recorded At Request of Ticor Tille Guarantee Company
OTURN BY MAIL TO,
LARK & FOLTS ESQS
MAIN RD
POBOX 973
CUTCHOGUE NY 11935-0973
Zip No.
Page 5 of 5
.
.
~,)\,\
1'6
(lQ>
LARK & FOLTS
Attorneys at Law
MAIN ROAD - P. O. BOX 973
CUTCHOGUE, NEW YORK 11935-0973
(516) 734-6807
RICHARD F. LARK
MARY LOU FOL TS
October 10, 1997
Mr. Bennett Orlowski, Jr.
Southold Town Planning Board
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
RE: Lot line change for Eva Halla and Birch Hills
Property Owners Association, Inc.
(SCTM #1000-83-1-1)
Dear Mr. Orlowski:
In connection with the above-captioned lot line change, I am
enclosing copies of the following:
1. Deed from Birch Hills Property Owners
Association, Inc. to Eva Halla dated
August 25, 1997.
2. Underground Electric Easement with
Long Island Lighting Company.
Pursuant to the Planning Board resolution of January 13,
1997 when I receive the signed and recorded documents I will
forward them to you.
Very truly yours,
~91~
Richard F. Lark
RFL/bd
Enclosures
'OI'1.~l ~'i
s~'<~ *" \:)tel.; L.....'-:. \.k '-'-'~\\ ~ f;":"\'"''''
~'c""~'N~ "ne. &uJ:. Q.n "..lIe, I"",\,<.nl".'f /10)
'-'>\.'<1.-.. ,.,<~.,<~.> I,,,,,, "'~~.~ ""~ LL. c\.-,""jf'l~ll;
M~ L
."-'-,~
i.'/ i't; r-\
...L c. ..S Inl
.-~....".~.-..s!. l
,/,/1
OCT I 4 /997 i !.0
"J
. ~
.':';)
....'.,-
..
.
.
[[1] II]
Number of pages
TORRENS
Serial 1#
Certificate 1#
Prior CtC. 1#
Deed / Mongage Instrument Deed / Mongage Tax Stamp Recording / Filing Stamps
4 FEES
Page / Filing Fee - Mortgage Aml . -
Handling - I. Basic Tax -
TP-584 - 2. Additional Tax -
Notation - Sub Total -
EA-5217 (County) . _ Sub Total - Spec./Assil
or
EA-5217 (State) - Spec./Add. . -
R.P.T.S.A. - ~~ TOT. MTG. TAX .
~~ -
Comm. of Ed. 5.~ Dual Town _ Dual County _
Held for Apportionment _
Affidavit - . '-~ Transfer Tax . -
Certified Copy Mansion Tax .
. - The property covered by Ibis mortgage is or
Reg. Copy - will be improved by a one or two family
Sub Total dwelling only.
- YBS_orNO_
Other - If NO. see appropriate tax clause on page 1#
GRAND TOTAL . - _ of Ibis instrument.
5.....1 '. Title Company Information
Real Property T811 Service Allency Verirlcation (,:,--:,,:
~
Disl. Section Block Lot
PIO Ticor Title Guarantee Company
Stamp 1000 083 00 01 00 004.000 Company Name
Date 1297-05230
TItle Number
Initials
r '\ ~ FEE PAID BY:
LARK & FOLTS ESQS Cash Check X Charge
MAIN RD Payer same as R & R
POBOX 973 (or if different)
CUTCHOGUE NY 11935-0973 . NAME'~~~izt~~'n~~V~'
'" tI ADD~S: les &1/ c,.,." ':1 '
RECORD It RETURN TO tM.~~~/'244'/ ~!f 11~1l1
7 (ADDRESS)
9 Suffolk County Recordin & Endorsement Page
This page fomis part of the attached Deed made by:
(SPECIFY TYPE OF INSTRUMENT)
BIRCH HILLS PROPERTY OWNERS The premises herein is situated in
ASSOCIATION. INC. SUFFOLK COUNTY. NEW YORK.
TO In the Township of Southold
EVA HALLA
In the VILLAGE
or HAMLET of Cutchoque
BOXES S THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR PILING.
Page 1 of 5
'i~_~_
1.......... TVl
,..< '.,\~
.
I. Y.5.
'ransfer
'ax
;20.00
T,\X H\I'
DE'I< ;Ni\TIO:-;
1J;,t 1000
s,.,.083.00
IIlk 01. 00
1,,1I,x P/O
004.000
}'orm 8007" 8-88 SM -BarK8Jn.saJo Deod, with Oovrmant aKalm'lt Urnntor'll AclB--I.ual or eorporatlon.
CONSULT YOUR LAWYIR. B II_NG THIS INITRUMINT-THII INIT INT IHOULD.I uno." LAWYlB ONLY.
THIS INDENTURE, made the 25th day of August . nineteen hundred and ninety-seven
BETWEEN BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC., a New York
corporation with offices at (no #) Birch Lane, Cutchogue, New York
11935
party of the first part, and EVA HALLA, residing at 5 Randy Lane, Plainview,
New York 11803
party of the second part,
wrTNESSETH. that the party of the first part, in consideration of Ten and 00/100----------
------------------------ ($10.00) ------------------------------dollars,
lawful money of the United States,
and other valuable consideration
paid
by the party of the second part, docs herehy grant and release tll1to the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
AIJ.. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate.
lying and being in the
(SEE ATTACHED SCHEDULE A)
Page 2 of 5
,
.
.
SCHEDULE A
ALL that certain street, road, avenue and court, situate,
lying and being in the Town of Southold, County of Suffolk and
State of New York, known and designated as the westerly 100 feet
of "Glen Court", containing 5,000 sq. ft., on a certain map
entitled, "Map of Birch Hills at Cutchogue" and filed in the
Office of the Clerk of the County of Suffolk on July 19, 1967
as Map No. 4908 and being more particularly bounded and described
as follows:
BEGINNING at a point on the southerly side of Glen Court
41.43 feet westerly from the corner formed by the intersection
of the southerly side of Glen Court and the westerly side of
Birch Lane; running thence along the southerly side of Glen Court
which is also the northerly side of Lot No. 11 on the aforesaid
map South 600 35' 20" West 100.0 feet to land now or formerly of
Domaleski; running thence along said last mentioned land North
~ 370 33' 40" West 50.51 feet to the northerly side of Glen Court
which is also the southerly side of Lot No. 1 on the aforesaid
map; running thence along said last mentioned land North 600 35'
20" East 100.0 feet to a monument and Lot No.2 on the aforesaid
map; running thence through Glen Court South 370 33' 40" East
50.51 feet to the southerly side of Glen Court which is also the
northerly side of Lot No. 11 on the aforesaid map and the point
or place of BEGINNING.
BEING AND INTENDED TO BE part of the same premises conveyed
to the party of the first part by deed dated April 21, 1970 and
recorded in the Suffolk County Clerk's Office on May 7, 1970 in
Liber 6739 Page 405.
This conveyance is made in the regular course of business
actually conducted by the party of the first part as the purpose
of this deed is to merge the aforedescribed parcel of land with
Lot No. 1 on the "Map of Birch Hills at Cutchogue" so as to have
one building lot pursuant to the resolution of the Southold Town
Planning Board dated January 13, 1997.
f~J(> 3 ~6
.
.
TOGETHER with all right. title and interest. if any. of the party of the firo! part in and to any streets <lI1d
roads ab~tting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or
successors and assigns of the party of the second part forever.
Al4D the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part. in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
I N PRESENCE OF:
BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC.
By t5:v. k. ~ ~ <4';t;...u
Barbara Reiter, President
Page 4 of 5
- STAla O. NIW YOu. COUNTY ~
,
.
19
n: STAYI O. NIW YOlreUNTY ~
. before me On the day of
personally came
. before me
.
On the day of
personally came
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
STAYI O. NIW YOI., COUNTY o. SUFFOLK
On the 25th day of August 1997, before me
personally came Barbara Reiter
to me known, who, being by me duly sworn, did depose and
say that he resides at~ (no 1I) Birch Lane,
Cutchogue, New York
that she is the President
of BIRCH HILLS PROPERTY OWNERS
ASSOCIATION, INC. , the corporation descrihed
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal: that it was so
affixed by order of the board of directors of said corpora-
tion, and that she signed her name thereto by like order.
~/~
otary Pub1i
RICHARD F.LARK
NolrI NIle. SlIIt 01 NIw Yolk
No. '7432S00. Suftalk 00IriY
Commlss"'" erlllr" Aug. 31, 1*
lIlargaln anb 6alt ~trb
WIII-f COVFNANT ACAINSl CRANTOR.S ACI S
TIT! E No.
BIRCH HILLS PROPERTY OWNERS
ASSOCIATION, INC.
TO
EVA HALLA
O'uribuuJ by
.
TICOR TITLE GUARANTEE,
n:
19
to me known to be the individual
~xecllted the foregoing instrument,
executed the same.
described in and who
and acknowledged that
n: STATE OF NEW YORK. COUNTY OF
55:
On the day of
personally came
the subscribing witness to the foregoing instrument,
whom I am personally acquainted, who, being by me
sworn, did depose and say that he resides at No.
19
before me
with
duly
that he knows
to be the individual
described in and who executed the foregoing instrument:
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
TAX BILLING ADDRESS
Recorded AI Request of TIcof 1ltIe Guaranlee Company
UTOaN BY MAD. ro,
LARK & FOLTS ESQS
MAIN RD
POBOX 973
CUTCHOGUE NY 11935-0973
Zip No.
Page 5 of 5
..
u
S
"
z
o
a
lal
..
:5
-.
.
T
,!
.~
.~
.
.
~!~~I
LONG ISLAND LIGHTING COMPANY
117 DOCTOR'S PATH . R1VERHEAO. NeWVQRK 11901
Direct Dial Number:
(516) 548-7062
September 25, 1997
Mr. Charles P. Casarona
Mr. Joseph C. Casarona
PO Box 973
cutchogue, NY 11935
Re: Easement
Ref #70721-740
Dear Mr. Casarona:
Thank you for providing the necessary information for LILCO to
complete your service request. Enclosed is an Easement Agreement
(three copes) between you and LILCO in which LILCO is granted an
easement on the above referenced property.
Before LILCO can begin the installation of our facilities to the
above referenced property, the documents must be completed and
returned to us in accordance with the following instructions:
1) All entries on the Easement agreements must be completed in
black ink.
2) Provide a notarized signature and complete the notary
paragraph in the space provided.
3) Please sign and return the first and second copies of the
Easement Agreement (keep the third copy for your records).
Please understand that LILCO is unable to proceed with this
installation until all the completed documents have been
received.
If you have any questions, please contact me at (516) 548-7062.
Very truly yours,
~ cv-lU L4J.o
Diane J. DeCarlo
Electric Design & Construction
Enclosures
DJD/djp
FC.II8..5-88
.
.
UNDBRGROUND
BLBCTRIC BASKMRNT
THIS INDENTURE, made the
day of
, 19_, among:
BIRCH HILLS PROPBRTY OWNBRS
ASSOCIATION, INC.
(no #) Birch Lane
Cutchogue, NY 11935
JOSBPH C. CASARONA
705 Birch Lane
Cutchogue, NY 11935
CHARLBS P. CASARONA
54 Cornflower Lane
East Northport, NY 11731
the Grantor, and LONG ISLAND LIGHTING COMPANY, a New York corporation duly organized and
existing under and by virtue of the Laws of the State of Now York, having its principal
office at 175 E. Old Country Road, Hicksville, New York, Grantee,
WITNESSETH, that the Grantor, in consideration of good and valuable consideration paid
by the Grantee, does hereby grant and release unto the Grantee, its successors and assigns,
forever, easement and right-af-way on, over, under, across, through and along certain
portions of the land of the Grantor shown on map of said land entitled "Survey for JOBeph C.
& Charle. P. Ca.arona", lying and being in Cutchogue, Town of Southold, County of Suffolk,
State of Now York. A copy of said map and/or legal written description , on which are now
shown the location and width of the said easement and right-of-way herein granted, is
attached hereto and made a part hereof as "Exhibit A".
DISTRICT 1000
SBCTION 083.000
BLOCK 01.00
LOT 0001.000 and P/O 004.000
Said easement and right-of way herein granted include the following right and
pri vileges:
FIRST: The permanent and perpetual easement, right, privilege and authority to
construct, reconstruct, relocate, operate, repair, maintain and, at its pleasure, remove
underground or grade level electric systems, transformers, power pedestals and switchgear
together with the necessary manholes and accessories as said Grantee may now and from time
to time deem necessary.
SBCOND:
thereon other
consumers.
TO attach to the electric distribution lines installed or to be installed
wires for the purpose of providing electric service to Grantee's other
THIRD: To permit the installation of wires and facilities of public utility companies
or others and to convey to such other companies an interest in the easement and right-of-way
herein granted.
FOURTH :
property as is
To permit such access from the street over the balance of the Grantor's
necessary for the enjoyment of the easement and right-of-way herein granted.
FIFTH: Grantor agrees not to erect or maintain within the easement area any building,
structure or physical obstruction including trees and shrubbery, of any kind or nature
whatsoever or permit the same to be so erected or maintained, except such as the Grantee may
specifically consent to "in writing.
SXXTH: The cables, conduits, manholes, transformers, power pedestals, switchgear,
vaults, vents and other apparatus as from time to time installed, constructed and maintained
by the Grantee shall at all times be and remain the property of the Grantee, its successors
and assigns.
SBVBNTH: The Grantor covenants that it is seized of the said land and, for itself, its
successors and assigns, forever warrants its title thereto and will defend the easement and
right-of-way herein granted, forever, against all lawful claims and demands.
The easement and right-of-way herein granted are exclusive and shall be binding upon and
inure to the benefit of the successors and assigns of the respective parties hereto.
20-70721-740-836-370
.
.
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly
executed the day and year first above written.
20-70721-740-836-370
BXRCH RXLLS PROPBRTY OWNBRS ASSOCXATXON, XNC.
By
Barbara Reiter, President
Jo..ph C. Ca.arona
CharI.. P. Ca.arona
STATE OF NEW YORK:
ss.
COUNTY OF SUFFOLK:
On the day of , 1997, before me personally came Barbara
Reiter to me known, who, being by me duly sworn, did depose and say that she
resides at (no 1I) Birch Lane, CUtchogue, New York; that she is the President of
BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC., the corporation described in and
which executed the foregoing instrument; that she knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the board of directors of said corporation,
and that she signed her name thereto by like order.
Notary Public
STATE OF NEW YORK:
SS.
COUNTY OF
On the day of , 1997, before me personally came JOSEPH C.
CASARONA to me knpwn to be the individual described in and who executed the
foregoing instrument, and acknowledged that he executed the same.
Notary Public
STATE OF NEW YORK:
SS.
COUNTY OF SUFFOLK:
On the day of , 1997, before me personally came CHARLES P.
CASARONA to me known to be the individual described in and who executed the
foregoing instrument, and acknowledged that he executed the same.
Notary Public
",V...-V,.."''''
SOUlnOI.D, N.Y. 11971
!itn.1n!;.92n::t
.
.
Yllllliol1!J W. LewaTu(oilJs/(j
t^Nn AtJnVFyon
Dale Auqust 25, 1997
DESCRIPTION FOR LONG ISLAND LIGHTING COMPANY EASEMENT _
"Map of Birch Hills at Cutchogue"
~eginning at the southwesterly corner of Glen Court,as shown
on Subdivision Map of Birch HIlls,S.C.Map#4908,at Cutchogue, N.Y.
running thence northerly along the westerly boundary line of Glen
Court N37833'40"W 15.15"to a point, thence easterly parallel to
and 15' north as measured at right angles from the southerly line
of Glen Court N60835'20"E 141.43'to a point on the extension of
the westerly line of Birch Lane,thence southerly along said line
S37833'40"E 15.15' to a point at the intersection of the southerlY
line of Glen Court and the westerly line of Birch Lane, thence
running westerly along the southerly line of Glen Court as shown
on said map S60835'20".W 141.43' tO~he ace of beginning.
/J'. d
~~~ ~ l-~d:..
EASEMENT
LEGAL WRITTEN DESCRIPTION
"EXHIBIT N'
WOIt '0. Tl..I - "140. .838.370
GRIDIt~PAGE
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PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 15, 1997
Richard Lark, Esq.
P.O. Box 973
Cutchogue, NY 11935
Re: Proposed Lot Line Change for Eva Halla and Birch Hills Property Owner's
Association - SCTM# 1000-83-1-1
Dear Mr. Lark:
The following resolution was adopted by the Southold Town Planning Board at a
meeting held on Monday, July 14, 1997:
BE IT RESOLVED that the Southold Town Planning Board grant a ninety (90)
day extension of conditional final approval from July 13, 1997 to October 13,
1997. Conditional final approval was granted on January 13, 1997.
Please contact this office if you have any questions regarding the above.
Sincerely,
r:iMw71 C/~ Il
Bennett Orlowski, Jr. ' (! '7'1f
Chairman
LARK & FOLTS
ATTORNEYS AT LAW
MAIN ROAD. P. O. BOX 973
CUTCHOGUE. NY 119311-0973
5..>'6,
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rf\S
. .
RICHARD F. LARK
MARY LOU FOLTS
(1116) 734-6807
June 30, 1997
rn moo~~w~ rn
Jll.. 11991
SOUTHOlD TOWN
PlANNING BOARD
Southold Town Planning Board
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
RE: Lot line change for Eva Halla and Birch Hills
Property Owners Association, Inc.
(SCTM #1000-83-1-1)
Gentlemen:
In connection with the above-captioned lot line change
application which received conditional final approval by
the Southold Town Planning Board on January 13, 1997, I am
requesting a 90 day extension to fulfill the required conditions.
The Birch Hills Property Owners Association, Inc. has
entered into a contract with Eva Halla to sell the 50 foot strip,
but the closing has been delayed pending the relocation of the
utility easement to the southerly side of the property.
The Long Island Lighting Company was originally contacted
by the undersigned on January 16, 1997 and after numerous
conferences and telephone calls with Lilco officials only last
week did they agree to relocate the utility easement on the
southerly side of the property, however, the wires have to be
underground.
At the present time Long Island Lighting Company is working
out the cost differential for the underground installation with
relocating the easement. Hopefully in the next two months the
paperwork will be completed so a closing can take place. In the
meantime your six month approval expires on July 12, 1997 and I
would appreciate you granting the applicants a 90 day extension.
If you have any questions, do not hesitate to call.
truly yours,
RFL/bd
~
Lark
.
PLANNING BOARD MEMBERS
RICHARD G. WARD
Chairman
GEORGE RITCIDE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 14, 1997
Richard Lark, Esq.
P.O. Box 973
Cutchogue, NY 11935
Re: Proposed Lot Line Change for Eva Halla and Birch Hills Property Owner's
Association
SCTM# 1000-83-1-1
Dear Mr. Lark:
The following took place at a meeting of the Southold Town Planning Board on
Monday, January 13,1997:
WHEREAS, Eva Halla is the owner of the property known and designated as SCTM#
1000-83-1-1 and the Birch Hills Property Owners Association is the owner of Glen
Court, located in Cutchogue; and
WHEREAS, this proposed lot line change is to subtract 5,000 sq. ft. from the Birch
Hills property and to add it to the Halla property; and
WHEREAS, a variance was granted by the Zoning Board of Appeals on June 27, 1990
pertaining to this property; and
WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental
Ouality Review Act, (Article 8), Part 617, declared itself lead agency and issued a
Negative Declaration on November 25, 1996; and
WHEREAS, a final public hearing was closed on said subdivision application at the
Town Hall, Southold, New York on January 13, 1997; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; and
j
.
.
Page 2
Lot line change for HallalBirch Hills Property Owner's Association
January 14, 1997
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional final approval on
the surveys dated October 11, 1996, and authorize the Chairman to endorse the final
surveys subject to fulfillment of the following conditions. All conditions must be met
within six (6) months of the date of this resolution:
1. A new deed pertaining to the merger of the 5,000 sq. ft.
parcel must be filed and a copy of the recorded deed must
be submitted to the Planning Board.
2. A 15 foot utility easement must be shown on the south side of the
new portion of the Eva Halla property.
Please contact this office if you have any questions regarding the above.
Sincerely,
aMi+< If
Chairman
enc.
cc: Zoning Board of Appeals
.
.
C \'
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ri\S
LARK & FOLTS
ATTORNEYS AT LAW
MAIN ROAD - P. O. BOX 973
CUTCHOGUE. NY 119315-0973
(516) 734-6807
RICHARD F. LARK
MARY LOU FOLTS
December 23, 1996
Southold Town Planning Board
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
RE: Lot line change for Eva Halla and Birch Hills
Property Owners Association, Inc.
(SCTM #1000-83-1-1)
Gentlemen:
In connection with the above-captioned matter, I am
enclosing the Affidavit of posting along with certified mail
receipts. Also enclosed are four prints of the map of
Roderick Van Tuyl, P.C. amended Dec. 20, 1996.
Very truly yours,
1-// 0 --/ ~
)[:/'~ v/;A:. 4
f // I_~'.
Mchard F. Lark
RFL/bd
Enclosure
'm!~ffil~I]rF
~UI DEe 26 1996
L_...
.,.
.
.
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
Proposed lot line change for Eva Halla and Birch Hills Property Owner's Association
seTM #1000-83-1-1
by placing the Town's official poster notices(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for seven days prior to the date of the public
hearing on December 23, 1996.
I have sent notices, by certified mail, the receipts of which are attached, to the
owners of record of every property which abuts and every property which is across
from any public or private street from the above mentioned property
on December 12, 1996.
Richard F. Lark
YO~. (print) ..:.
/~~p
Sig ture v (/
Main Road - P. O. Box 973, Cutchoque. New York 11935
Address
December 20, 1996
Date
~Ak~Sl~
Notary Public
BARBARA IllACHIJN
NolIIy Pldc, SlID of New YOlk
No. 4836180, 81M CaurtY
CoIMlI88lon EloplnlS Oct. 31, 11118
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PLEASE RETURN THIS AFFIDAVIT AND CERnFlED MAIL RECEIPTS ON THE DAY OF,
OR AT THE PUBliC HEARING
Re: Lot-line change for Eva Halla and Birch Hills Property Owners Association, Inc.
SCTM#: 1000-83-1-1
Date of Hearing: December 23, 1996
~
EVA HALLA AND BIRC' ~ILLS PROPERTY OWNERS ASSO~TATION, INC.
GLEN COURT, CUTCHOGuE, NEW YORK (SCTM #1000-8~ .-1)
P 393 888 185
P 393 1.l8ll 186
us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Senllo rc 1 s roperty
Street&Number C 0 J B
. ryan
Post Office, State, & ZIP Code
Cutcho ue NY 119
$
Postage
us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use tor International Mail See reverse
Sent to
Marcu R B
Street & Number
RR
Post Office, Slate, & ZIP Code
C
Postage
Certified Fee
;. 10
Certified Fee
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P 393 888 187
us Postal Service
Receipt for Certified Mail
No Insurance Covera9..8 Provided
Do not use tat mmrnatronal Mail See reverse
S~ntto
Jose h Casarona
Street & Number
449 East 14th Street
Post Office, State, & ZIP Code
P 393 888 188
Postage
us Postal SelVice
Receipt for Certified Mail
No Insurance CO~i~Iil';! Pf6/ided.
Do not use for International Mail See reverse
Sentto Step en Ab ott an
John Abbott
Street & Number
147 Carlton Terrace
Post Office, State, & ZIP Code
Stewart Manor
$
2-
1,10
Postage
NY 11530
$ "z.
I. I 0
Certified Fee
Certified Fee
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Spedal Delivery Fee
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Postmark or Dale
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-
.
.
S~d Town Planning Board 4 December 23,1996
the T~ Hall, Southold, New York on December 23, 1996; and
WHEREAS~he Southold Town Planning Board, pursuant to Chapter 58,
Notice of P~c Hearing, has received affidavits that the applicant has
complied with ~ notification provisions; and /
WHEREAS, all the ~ments of the S"bdMSlon Reg"'atlons of the~ of
Southold have been ~ '~ be it therefore
RESOLVED, that the South~d Town Planning Board grant nditional fin3:
approval on the surveys da d November 9, 1996, a~uthorize the
Chairman to endorse the fina urveys subject to ~lIment of the following
condition, The condition must be met within si 6) months of the date of
this resolution: \
1, The filing of new deeds pertaining the merger of the 332 sq, ft, with
the 54,4 acre parcel. A copy of th eco ~~~ deeds must be submittE.. tc
the Planning Board prior to th ndorsem~ of the final map.
"
Mr. Cremers: Second. ~
Mr. Ward: Motion s onded. All in favor? ~
ski, Mr. Latham, Mr. Edwards, Mr. crem~ Mr. Ward.
Mr. Wa : Opposed? Motion carried. Just another note, if i he future you
do another notice of something happening, you can aiway all the
nning Board office and that might save you a trip, if that happ s.
***************
Mr. Ward: Eva Halla - This lot line change between Eva Halla and the Birch
Hills Property Owner's Association is to subtract 5,000 square feet from the
Birch Hills property and to add it to the Eva Halla property. SCTM# 1000-83-
1-1. Is the applicant here or agent for the applicant that wouid like to
address the Board?
Richard Lark: Main Rd., Cutchogue, NY, for the appiicant. Again, this
application Is fairiy self evident. It's been around now before the Board for a
number of months. But as you can see the reason for it is the erosion on
the biuff took away the originai property of Lot #1 and as shown on the
surveyor map now, reduces it to a square footage of 14,000 square feet and
the applicant already has a variance to build not closer than 65. feet from the
.
.
Southold Town Planning Board
S
December 23. 1996
bluff and it put it right up on the road, so the Association deCide:J to deed
the property to Mrs. Halla to add to her property. It wouid be merged into
Lot #1, that 5,000 square foot parcel which Is 50 foot by 100 feet. And the
reason for the Association is severalfold.
That piece of property, although partially paved when the developer got
approval for the map in 1965, has fallen into complete disrepair. It's all
overgrown and the Association decided. which is a private road . not to
maintain it, and it became pretty much of a nuisance. So the neighbors
decided the best thing to do would be to transfer it to Mrs. Halla so she
could Incorporate it into her lot and be cleared up.
So the Association decided to abandon that particular piece and to transfer
it. I pointed out to them that for Mrs. Halla to have a legal lot then, that
they would have to have approval from the Planning Board, so that when
the merger deed was approved by the Planning Board, she would have a
legai lot, which she has now except due to erosion and the forces of nature,
it's fairly well unbuildable. So, this would straighten out the situation
immenseiy for her. So that's the reason for the application, so that it would
continue to legalize her lot as a building lot.
Mr. Ward: Anybody else here that would like to address the Board on this
particular application7
Pat Moore: Law office in Mattltuck. I was contacted by the property owners
to the west, John and Steven Abbott. On the tax map it's lot (inaudible) and
lot 33.
Ms. Spiro: I don't have a tax map.
Ms. Moore: Well, it's adjacent to this piece and to the west, so It dead ends
directly on my client's property. The main concern that they expressed -
they received notice Thursday. so they wanted to be here but unfortunately
with the holidays and short notice they called me today and asked me to
review the file.
i have reviewed the file and the one question that comes up in my mind is
that there is a mapped out road and this road has been subject to the rights
of others, including Demereski, the Abbot's predecessor in title, in fact to
the extent that his use of this roadway caused some problems to the
Association. And I just found out from Mr. Lark in trying to discuss it prior to
this meeting that even the Abbots have had problems with the Association in
continuing to use this roadway.
.
.
Southold Town Planning Board
6
December 23, 1996
Nonetheless, the rights of others with respect to this roadway may be an
issue only for a court to decide, since any easement rights, any descriptive
easements that were developed over time would most likely end up in a
court decision.
Aside from that. the Abbots feel that it is cruciai for them to continue the
utiiity easement that has run along this roadway. I point out that in the
covenant and restrictions that are in your file, libel' 8830 page 08, in the
photocopy that's what it appears to be, the covenant number 7 ~rp;:Jks of
the road and it does address all owners are hereby grantcll c"
this right in common with others, at their own risk and so on and so forth.
So the C&R's when they were prepared realized that when you're creating a
roadway, you don't know many people may have earned any rights over it.
Clearly, the Association has a right but there may be others,
Also, covenant number 9 expressly states that an easement runs along the
roads of this map over and any other areas necessary is hereby expressly
reserved for the erection and maintenance of poles, wires, conduits, and It
goes on from there, The utilities will most likely, practically speaking will run
from this roadway or from wherever the end of the utility, L1LCO and
telephone lines run, on Birch Lane or Glenn Court, to my client's property on
the soundfront.
They do have a right of way going to Oregon Rd, but it is about 1000 feet in
length. Utility companies will use the shortest distance for purposes of
connection and based on my very short conversation witt) Mr, Lark and the
pOSSibility that this Association will not be cooperative, we ask that you,
when you grant this, place a condition on your approval that will maintain
continue the utility easements that my clients wouid enjoy if this road were
not being extinguished by this Board.
That is probably the most crucial point. The access certainly is something
that. I understand from Mr, Lark, there were even offers from my client to
pay for clear access over these roads, but this is the first time I've heard of
it. so it's ciear to me that there probably will never be any cooperation so by
all means your approval should be conditioned on maintaining certain rights
that my client has earned,
Mr. Lark: If i might respond, fortunately or unfortunately I won't speak now
as the applicant's iawyer but someone on behalf of the application. I live
within 100 feet of this property, I've lived within 100 feet of this property
since 1968, I happen to be intimately familiar with the right of way and the
covenants and restrictions and the amendment which transferred all the
.
.
Southold Town Planning Board
7
December 23, 1996
rights under the covenants and restrictions to the Association,
The Association at a meeting last year voted unanimously by approval of all
its members to transfer this property to Mrs, Halla, as I pointed out to you
subject to approval of the Planning Board,
Now, if the Planning Board will check It's files, a number of years ago when
Domaleski, in his infinite wisdom, who was the adjoining farm owner to the
west, decided to subdivide the sound frontage of their property, they
subdivided into four large lots, They tried with the original application to get
a right of way over Birch Lane and Glen Court for access, Why? Money, It's
right there, Unfortunately, there's a geographic problem there, The
Domaleski's property is probably some 20 feet higher than this property, so
there is a cut and fill problem there,
The point of it is, the Association", and the Planning Board was aware of that
and requested whether or not they would grant a right of way to the
Domaleski piece for the subdivision, That was turned 'down, even thouGh
they offered a tremendous amount of money because they didn't want any
more traffic up there, That's why these two subdivisions - 11'1 to
the east is separated by a block off so you can't join there because t~ley're
all dead end streets up there,
So, the Domaleskis went ahead, or whoever bought it. and subdivided their
property, aithough they never developed, and you got approvai of what in
effect would be I think a similar situation that you're suffering with the
Boklna problem, One of those long farm roads for access to it. and the
Planning Board went along with it. So that was clear,
Also at the time, the subject of the utilities came up, The utilities do not
come in that way The utilities come in off of Vista Court which is a public
road and come around and make a loop on Birch Lane, They do not go to
this property, The nearest pole is approximately 120 feet or so closest to it,
So, what they worked out with L1LCO to get approval of the subdivision, I
don't know, that's L1LCQ's problem, But I know there's no utility easement
over Glen Court, There is over Birch Lane,
So, I just wanted to point that out to you, And it's a nice try, but this has
been going on for some time and to religiously follow their privacy of the
roads like in Rockefeller Center periodically, like every third year, they close
off the road and publish the notice, I don't know what good that does, but
they do it. It makes them feel good up there, So, I just wanted to tell you,
this Is strictly a private road, This issue has been discussed before and the
.
.
South old Town Planning Board
B
December 23, 1996
Planning Board I know has been there, and you do have trle tOPOQI apnical
access problem as well as none of the neighbors which would nl'cd to
approve it. have approved it.
Pat Moore: Typical woman, has to get the last word. Just with respect to
where the utility poles end, we don't know that when your client sells this
property to whoever, or she chooses to build a house there, that L1LCO won't
decide to put a pole right in front of the end of the road or wherever they
feel is appropriate to continue the lines safely. Wherever that may end, it's
clear from the C&R's whether they actually granted a written easement to
LlLCO or not, the C&R's clearly say that it's subject to utilities being placed on
the road beds. And the fact that this road is being extinguished through the'
Planning Board, I'm not sure that with a title company it will be extinguished
as far as the title company is concerned, because it will continue to show as
formally a road mapped on this subdivision.
So, utiiity companies, whoever, may continue to recognize this eaSelll( lit.
We just want to be sure that when the approval is granted that we protect
it.
Dick Lark: And the titie company has approved the transfer subject to the
Planning Board and will probably file a formal abandonment with the Suffolk
County Clerk, but there was no sense doing that since as you know the
Planning Board has to grant approval of that.
Mr. Ward: Anyone else like to address the Board on this issue? If not. all is In
order to close the hearing. Is there a motion to so close?
Mr. Edwards: I'll make a motion to close the hearing.
Mr. Cremers: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward.
Mr. Ward: Opposed? Motion carried. What we decided to do is hold this
open until the January 13th meeting, for us to explore the possibilities that
you're raising, and we'll take a look into it. We thank you both for coming.
***************
-MI'. W=rC 5"" ~Allllins - This lot line Change Is to divide two Ime; whu I, ...~
PLANNING BOARD MEMB~
RICHARD G. WARD
Chairman
.
GEORGE RITCInE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
~ 'i;l:o.,
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~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
December 24, 1996
Richard Lark, Esq.
P.O. Box 973
Cutchogue, NY 11935
Re: Proposed Lot Line Change for Eva Halla and Birch Hills Property Owner's
Association
SCTM# 1000-83-1-1
Dear Mr. Lark:
The following took place at a meeting of the Southold Town Planning Board
on Monday, December 23,1996:
The final publiC hearing, which was held at 7:35 p.m., was closed.
The Planning Board will be reviewing the issues brought up by Patricia Moore
in regard to easements on the subject property prior to making a final
decision on the lot line change.
Unless otherwise notified, this matter will be scheduled on the Planning
Board's January 13,1997 meeting.
Please contact this office if you have any questions regarding the above,
S~:J f d/
Richard G. Ward *'5
Chairman
cc: Zoning Board of Appeals
.
.
LARK & FOLTS
ATTORNEYS AT LAW
MAIN ROAD - P. O. BOX 973
CUTCHOGUE. NY 119315-0973
RICHARD F. LARK
MARY LOU FOLTS
(IUO) 734-0S07
July 9, 1996
Southold Town Planning Board
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
iJf\P-WVV
~L\~
RE: Lot line change for Eva Halla
(SCTM #1000-83-1-1)
;!
I
I L~L
L........__..y'
Gentlemen:
In connection with the above-captioned matter, I am
enclosing the following:
1. Application for lot line change.
2. Sworn statements of Eva Hall and Birch Hills
Properties, Inc.
3. Short Environmental Assessment Form.
4. Questionnaire.
5. Letter to the Planning Board concerning
grading, drainage and roads.
6. Eight prints of Map of Property Surveyed
for Eva Halla by Roderick Van Tuyl, P.C.
last amended June 25, 1996.
7. Check No. 1687 of Eva Halla to the Town of
Southold in the amount of $250.00 for the
filing fee.
~(~
Pb- ~t- ..
115~
9
If all is in order, kindly place this matter on the next
available Planning Board agenda for their consideration and
notify me of the date and time of the hearing. If you have any
questions, do not hesitate to call.
RFL/bd
Enclosures
Very truly yours,
//'7 ~/j
./ ',' 'J:/
i /.
, .. ,.,.. 7
~ark
PLANNING BOARD
OFFICE
TOWN OF SOUTHOLD
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY
GIVEN that pursuant to Sec- ,
tion 276 of the Town Law, a
public hearing will be held by
the Southold Town Planning
Board, at the Town Hall, Main
Road, Southold, New Y orlc in
said Town on the 23rd day of
December, 1996 on the ques-
'!ion of the fOllOwing:
7:30 P.M. F.inal public hear-
ing for the proposed lot line
change for Stanley and Marta
Wiepzynski and H. Damlanos,
inSouthold, Town of South old,
County of Suffolk, State of
New Y orlc. Suffolk County Tax
Map Number 1000-54-6-1 and
59-3-28.3.
The property is bordered on
the north by Sound View Ave.,
on the northeast by land now
or formerly of Robert Corwin
and wife, by land now or for-
merly of William B. and Mary
H. Strickland, by land now or
formerly of Walter Keller and '
Kathleen Keegan-Keller, by
land now or formerly of Sally
Ann Guido, by Jennings Road,
by land now or formerly of
Romeo, and by land now or
formerly of Ramunni; on the
east by land now or formerly
of Joseph Conway, on the
southeast by land now or for-
merly of Westerlund, by land ,
now or formerly of John
Conway, by land now or for-
merly of Salmon, by land now
or formerly of Apikoglu and by
land now or formerly of
Markel; on the south by Middle
Road; on the southwest by land
now or formerly of Reckner; on
the west by land now or for-
merly of H. Conway, by land
now or formerly of Hayes, and
by land now or formerly of
Rubat; on the northwest by land
now or formerly of Hahn, by
land now' or formerly of
McEnroy, by land now or for-
merly of Johnsen and by land
now or formerly of Hunter.
.
7:35 P.M. Final public hear-
ing for the proposed lot lin:,! '
changefor~eBi!cl(.
Hills ProPillJ."... Asao-
'~'ii Cutchogue, Town of
Southold, County of Suffolk,
State of New York. Suffolk
County Tax Map Number
looO-83-I-L
The property is bordered on
the north by Birch Hills Park
& Playground land; on the east
by land now or formerly of
Marcus; on the south by Glen
Court; and on the west by land
now or formerly ofDomaleski. ,
7:40 P.M. Final public hear-
ing for the proposed lot line
change for Eva Mullins, in
Southold, Town of Southold,
County of Suffolk, State of
New York. Suffolk County Tax
Map Number 1000-77-3-5, 6,
7 and 15.
The property is bordered on
the north by land now or for-
merly of Schmitt and by land
now or formerly ofHussie; on
the east by a 30 foot right of
way; on the south by land now
or fcrmerly Nagy and by land
now or formerly of SL Pierre;
and on the west by Pine Ave.
7:45 P.M. Final public hear-
ing for the proposed site plan
for Osprey Dominion Vineyard ,
& Winery,inPeconic, Town of
Southold, County of Suffolk,
State of New Y orlc. Suffolk
County Tax Map Number i
1000-75-1-20.
This property is bordered on
the west by land now or for-
rnerly of Cichanowicz; on the
north py land now or formerly
'- ',', ,-' '. 4 -.,
of Long IsI3nd Rail Road; on
the east by land now or for-
merly of Walton; on the south
by State Road 25.
Dated: December 2, 1996
BY ORDER OF THE
SOUTHOW TOWN
PLANNING BOARD
Richard G. Ward, Chairman
lX-12I12I96(34)
.
( I JI'.'Jn (IF SUFH JII,
.; lATE (IF ,"E\\ \( )1,1, "
Plltric'id C. LuJlol. l)vill0, dulv ..;\vurn, says that
,Ill' i, rill' Pro( luetH'" C, Hnclindtor. 01 the TRA V-
ELER INA TCHMA,". ,] public newspaper printecl
elt Southold, in Suffolk Countv; and that the no-
riCl' of which the dnnexed is a printed copy.
has been published in said Traveler Watchman
(Jnce each week 1m
...... ..... '" ..... ......... ... ..... .... .....f... ..................... ~eeks
successivelv, commencing on the ....!"!...........
davof ..........fl~;.C l~f
~~~.~.~.......................................
r::I
Sworn to before me thIS .......!~.............. day of
..................iJ.g~...,1................... ,19..'7.'
~ ~ a -/:/.. ' /...
.................... ............................................~.........,
,"iotary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806840
Qualified in Suffolk CQuntt J
Commission uplres 1! {31 '8
. .
COUNlY OF SUFFOLK
~
ROBERT J. GAFFNEY
SUFFOLK COUNlY EXECUTlVE
DEPARTMENT OF PLANNING
STEPHEN M. ,JONES, A.I.C.P.
DIRECTOR OF PLANNING
November 22,1996
Town of South old
Planning Board
Plat Name: Eva Halla
Tax Map No.: 1000-83-1-1
SCDP File No.: S-SD-96-04
Gentlemen:
Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County
Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk
County Planning Commission is considered to be a matter for local determination; however, this
shall not be construed that the Commission has either approved or disapproved this particular plat.
Very truly yours,
Stephen M. Jones
Director of Planning
S/sRobert Riekert. Principal Planner
Subdivision Review Division
RER:cc
C:\"'-'PWlN60\WPDOCS\SUBDIVlWORKING\LDS\NOVEMBER\SD_96.()4.NOV
ill rn@rno\'ll~ 00
826_
SOUTHOLO TOWN
PLANNING BOARD
220 RABRO DRIVE . P.O. BOX 6100 . HAUPPAUGE, LONG ISLAND, NY 11788-0099 . (516) 853-5190 . FAX (516) 853-4044
.
PLANNING BOARD MEMBERS
RICHARD G. WARD
Chainnan
GEORGE RITCJnE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
November 26, 1996
Richard Lark, Esq.
P.O. Box 973
Cutchogue, NY 11935
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Re: Proposed lot line change for Eva Halla and Birch Hills Property Owner's Association
SCTM# 1000-83-1-1
Dear Mr. Lark:
The following resolutions were adopted by the Southold Town Planning Board at a meeting
held on Monday, November 25, 1996:
BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental
Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board
establishes itself as lead agency, and as lead agency makes a determination of non-
significance, and grants a Negative Declaration.
BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, December 23,
1996 at 7:35 p.m. for a final public hearing on the maps dated June 25, 1996.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the
Town's notification procedure. The sign and notification form are enclosed for your use.
Please return the endorsed Affidavit of Posting and the certified return receipts on the day'of,
or at the public hearing.
Please refer to the Planning Board's letter of July 24, 1996 for information which must be
submitted at least two weeks prior to the hearing date.
Enclosed please find a copy of the Negative Declaration for your records.
Sincerely,
r-; /; I
,\,(,,,/ (..i; 41/ /
J \ (/fVJ/I..I}' 0. It;aAd
Richard G. Ward ""-5
Chairman
enc.
.~
GEORGE RITCillE LATHAM. JR.
BENNETT ORLOWSKI. JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
.
.
PLANNING BOARD MEMBERS
RICHARD G. WARD
Chairman
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
November 25,1996
This notice is issued pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the
Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the
proposed action described below will not have a significant effect on the
environment and a Draft Environmental Impact Statement will not be prepared.
Name of Action:
Proposed lot line change for Eva Halla and Birch Hills
Property Owners Association
SCTM#:
1 000-83-1-1
Location:
Glen Court in Southold
SEQR Status:
Type I
Unlisted
( )
(X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description o~ Action:
This lot iine change between Eva Halla and the Birch Hills Property Owners
Association is to subtract 5,000 square feet from the Birch Hills property
and to add it to the Eva Halla property.
.
.
Page 2
SEQR Negative Declaration -Eva Halla
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed,
and it was determined that no significant adverse effects to the
environment were likely to occur should the project be implemented
as planned.
For Further Information:
Contact Person: Melissa Spiro
Address: Planning Board
Telephone Number: (516) 765-1938
cc: Michael D. Zagata, DEC Albany
Roger Evans, DEC Stony Brook
Suffolk County Water Authority
Judith Terry, Town Clerk
Southold Town Board of Appeals
Suffolk County Planning Commission
Applicant
P~\.NNING BOARD MEMBER.
RICHARD G. WARD
Chairman
GEORGE RITCHIE LATHAM, JR.
BENNETT ORLOWSKI, JR.
W1LLI",\1 J. CRE:MERS
KENNETH L. EDW,-umS
~-:.. - ,.. -..., -:-::-...
_"- ~l\(~1J' ',. --
\)"... 1.,'1 r -::...
~v _. >;f- _ ....O/.-~
.~ ,~- ~ ~.-
. - ~
= ..-;;..
:~
:. '-8 .,.
- I"j.;
~~Ol
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---~----_. --
---.---'
.
Town Hall, 53095 ClIain Road
P.O, Box 1179
Southold. )J"ew York 11971
Fax '516) 765-3136
Telephone (516) 765-1933
PLAi'mING BOARD OFFICE
TOWN OF SOCTHOLD
Richard F, Lark
Main Road
P,O, Box 973
Cutchogue, New
York
11935
IIJ61%
Mct wi~ C"~1
Nv V<\r....lIlce is
9<"
F;sh.
re'()u;aJ.
Se:\ bG<-1c r~'bu,'y"""", (\\"
~
July 24, 1996
RE: Proposed Lot Line Change
Eva Halla
SCTM# 1000-83-1-1
MS,-
Dear Mr, Lark:
The above mentioned proposal was reviewed by the Planning Board at the
July 15, 1996 work session,
The lot line change, which proposes to merge part of Glen Court with Eva
Halla's lot, changes the lot dimensions and road frontage area of Mrs,
Halla's lot, These proposed changes may require that your client obtain
variances from the Zoning Board of Appeals, Therefore, the Planning
Board will put the application on hold until such time that appropriate
variances are obtained, or, if variances are not required, notification of
such is received. In addition, there is a June 27, 1990, decision from the
ZBA in regard to this parceL This decision may need to be reviewed by
the ZBA in regard to the proposed lot line change.
In addition, please note that the following will be required as part of
the lot line application:
1. The application and the map must state that there are two owners of
the subject property, Eva Halla and Birch Hills Property Owners
Association.
2, The scale of the map must be I" = 100',
3, The map must state the amount of upland property, The June 27,
1990, ZBA decision describes a parcel containing an area of 10,293
sq, [t, Is this the upland area of the parcel?
.
.
Eva Halla
Page 2
4. A building envelope should be shown meeting all Code and ZBA
t'equit'ements.
Please contact me if you have any questions t'egarding the above.
Sincerely,
/~J .<~.
/7> / /( .
</ t;;Y/~ ~ur
Melissa SpirP
Planner
//~~
cc: Building Department
Zoning Board of Appeals
1-
.
.
."'PPEALS BOARD MEMBERS
SCOTT L. HARRIS
Supervisor
Gerard P. Goehnnger. Chairman
Charles Grigonis. Jr.
Serge Doyen. Jr.
Joseph H. Sawicki
James Dinizio. Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hal!. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3914
Matter of EVA HALLA. Variance to the Zoning Ordinance,
Article III A, Section 100-30 A.3, Article XXIV, Section
100-244, Bulk, Area and Parking, Article XXIII, Section
100-239.4, building setbacks from water or we~lands, for
permission to construct a one family dwelling. Property
Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000,
Section 083, Block 01, Lot 01.
WHEREAS, a public hearing was held and concluded on April
19, 1990 and May 30, 1990 in the matter of the Application of
EVA HALLA, under Appeal No. 3914; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Glen Court, Hamlet of Cutchogue, and is identified on
the Suffolk County Tax Maps as District 1000, Section 083, Block
01, Lot 01.
2. This is an application for Variances from the Zoning
Code Article III A, Section 100-30 A.3, Article ~{IV, Section
100-244, Article XXIII, Section 100-239.4, for permission to
construc~ a one family dwelling.
. .
Page 2 - Appl. No. 3914
Matter of EVA HALLA
Decision rendered June 27, 1990
3. Article III A, Section 100-30 A.3, Bulk, area and
parking regulations, no building or premises shall be used and
no building or part thereof shall be erected or altered in the
Low-Density Residential R-40 District unless the same conforms
to the requirements of the Bulk Schedule and of the Parking
Schedule, with the same force and effect as if such regulations
were set forth herein full.
Article XXIV, Section 100-244 8, a nonconforming lot
separately owned and not adjoining any lot or land in the same
ownerShip at the effective date of this article and not
adjoining any lot or land in the same ownership at any tL~e
subsequent to such date may be used, or a building or structure
may be erected on such lot for use, in accordance with all the
other applicable provisions of this chapter, provided that proof
of such separate ownership is submitted in the form of an
abstract of title Showing the Changes of the title to said lot,
which abstract shall be in the usual form, shall be certified by
an attorney or a company regularly doing such work in Suffolk
County or by a corporation duly licensed to examine and ensure
title to real property in Suffolk County and shall contain a
certification that no contiguous property was owned by an owner
or the property involved since the date of any previously
applicable Zoning Law, Such lot shall be gran~e0 relief for
front side and rear yard dimensions as follows:
Article XXIII, Section 100-239.4, Notwithstanding any
other provisions of this chapter, the following setback
requirements shall apply to all buildings located on lots
adjacent to water bodies and wetlands:
A. Lots adjacent to Long Island Sound.
(1) All buildings located on lots adjacent to Long
Island Sound and upon which there exists a bluff or bank
landward of the shore or beach shall be set back not less than
one hundred (100) feet from the top of such bluff or bank.
4. The subject premises in question is located at 55 Glen
Court, Cutchogue, and contains an area of 10,293 sq. ft. in this
R-40 Zone District.
. .
Page 3 - Appl. No. 3914
Matter of EVA HALL
Decision rendered June 27, 1990
5. In considering this application, the Board finds an
determines: (a) the relief requested is not within the
character of the immediate area and will be a substantial
change, creating other precedents to follow; (b) the practical
difficulties claimed are not sufficient to warrant the granting
of the relief requested; (c) the circumstances of the property
are not unique; (d) that in carefully considering the record
and all the above factors, the interest of justice will be
served by denying the relief granted and granting alternative
relief, as further noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
RESOLVED, to DENY the Variance with ALTERNATIVE RELIEF in
the matter of the application of EVA HALL under Appeal No. 3914,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the house not be any closer than ten feet from
the suuthern property line (toward Glen Court).
2. That the house not be any closer than 65 ft. to the
top of the bank.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was dUly adopted.
*
*
*
<if
~~~
/./' GERARD~ p. GOEHRINGEJ;l:', CHAli
GEORGE RITCHIE LATHAM. JR.
BENNETT ORLOWSKI. JR.
WILLL","\>! J. CREMERS
KENNETH L. EDWARDS
. ,..',1':::;;, (
,- \\'~\.ll. 'J/.." /l ~
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~ ...z,
~$*.C'
.::'.:"-_____r..~
-~--------.--'
.
Town Hall. .53095 :Vlain Road
?O. Box 1179
Southold. .:Jew York 11971
Fax' .516) 765-3136
Telephone (5161 765-1938
PLA.c"i'NING BOARD MEMB.
R10L-'.RD G. WARD
Chainnan
PLAJ.'lNING BOARD OFFICE
TOWN OF SOUTHOLD
Nn\1 e '" \,..{ \<:. Co, 1996
Suffolk County Planning Commission
_ H. Lee Dennison Executive Office Building - 12th Floor
Veteran's Memorial Highway
Hauppauge, NY 11788
Attention: Mr. Frank Dowling, Senior Planner
Subdivision Review Division
Gentlemen:
Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town
Planning Board hereby refers the following proposed subdivision to the Suffolk County
Planning Commission:
S.C.D.P.W. Topo No.:
Hamlet/Locality C u -\-"-"'-0 ~ LJ e.
Zoning K- '-\0
Map of ~ va. 1-1<\ /Ie.
S.C. Tax Map No.: 1000 - R:, - \ - \
Major Sub._ Minor Sub._Site Plan_Cluster_Lot Line changeL
MATERIAL SUBMITTED:
S,<:,'I-"~ \jl.l;lSlqb
Preliminary Plat (3 copies)~ Road Profiles (1)_ Drainage Plans (1)_
Topographical Map (1)_ Site Plan (1)_ Grading Plan (1)_
Other materials (specify and give number of copies)
Waiver of Subdivision Requirements - See attached sheet L
.
.
Page 2
Southold Town Planning Board Referral
Referral Criteria:
W;r~ Soc' 0-1- La':>, :I.s\e"",\ Seo,,, \
"
SEQRA STATUS:
1. The project is an (,4) Unlisted Action
( ) Type I Action
( ) Type II Action
2. A ( ) Negative Declaration
( ) Positive Declaration
( ) Determination of Non-significance
has been adopted by the Planning Board.
3. E.I.S. statement enclosed. ( ) Yes
(:-) No
4. The proposed division has received approval from the Suffolk County Department
of Health. ()Yes C' )No
Comments: a... fJA I".,if lv
f...4./ILJ.I/Ytj'
//!c" /...}L em
/
/Ih. <:,jrl ("
, ,
We request acknowledgement of receipt of this referral ( ) Yes
( ) No
Referral received
Commission and assigned File No.
1994 by the Suffolk County Planning
Sincerely,
0,/ IJ /1//;
A. (, NwJ 1fI.v.,/ 5
,/11
Richard G. Ward
Chairman
cc: Frank Cichanowicz
rev. 6/94
GEORGE RITCHIE LATHAM. JR.
BENNETT ORLOWSKI. JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
"';\UfFi1l;'C~-
.:.~s::,'\,;.~ Ca
;~ . ~
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'" ': ,,<
.~.. ~ C!:J ^J
. ~ .... ~.,
\. +h ,s::,~ .}
",,"10./ + '!o.~ ,.;.
~~~...:::.::::::::_;.:::;(.:~'~~<--
.
P~NG BOARD MEMBER'
RICHARD G. WARD
Chairman
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PlANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 24, 1996
Richard F. Lark
Main Road
P.O. Box 973
Cutchogue, New York 11935
RE: Proposed Lot Line Change
Eva Halla
SCTM# 1000-83-1-1
Dear Mr. Lark:
The above mentioned proposal was reviewed by the Planning Board at the
July 15, 1996 work session.
The lot line change, which proposes to merge part of Glen Court with Eva
Halla's lot, changes the lot dimensions and road frontage area of Mrs.
Halla's lot. These proposed changes may require that your client obtain
variances from the Zoning Board of Appeals. Therefore, the Planning
Board will put the application on hold until such time that appropriate
variances are obtained, or, if variances are not required, notification of
such is received. In addition, there is a June 27, 1990, decision from the
ZBA in regard to this parcel. This decision may need to be reviewed by
the ZBA in regard to the proposed lot line change.
In addition, please note that the following will be required as part of
the lot line application:
1. The application and the map must state that there are two owners of
the subject property, Eva Halla and Birch Hills Property Owners
Association.
2. The scale of the map must be 1" = 100'.
3. The map must state the amount of upland property. The June 27,
1990, ZBA decision describes a parcel containing an area of 10,293
sq. ft. Is this the upland area of the parcel?
.
.
Eva Halla
Page 2
4. A building envelope should be shown meeting all Code and ZBA
requirements.
Please contact me if you have any questions regarding the above.
Sincel'ely, / /"
~k.6.'
Melissa Sp~
Planner
cc: Building Department
Zoning Board of Appeals
.
.
APPEALS BOARD MEMBERS
SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer. Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio. Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hal\, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3914
Matter of EVA HALLA. Variance to the Zoning Ordinance,
Article III A, Section 100-30 A.3, Article XXIV, Section
100-244, Bulk, Area and Parking, Article XXIII, Section
100-239.4, building setbacks from water or wetlands, for
permission to construct a one family dwelling. Property
Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000,
Section 083, Block 01, Lot 01.
WHEREAS, a public hearing was held and concluded on April
19, 1990 and May 30, 1990 in the matter of the Application of
EVA HALLA, under Appeal No. 3914; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Glen Court, Hamlet of Cutchogue, and is identified on
the Suffolk County Tax Maps as District 1000, Section 083, Block
01, Lot 01.
2. This is an application for Variances from the Zoning
Code Article III A, Section 100-30 A.3, Article XXIV, Section
100-244, Article XXIII, Section 100-239.4, for permission to
construct a one family dwelling.
. .
Page 2 - Appl. No. 3914
Matter of EVA HALLA
Decision rendered June 27, 1990
3. Article III A, Section 100-30 A.3, Bulk, area and
parking regulations, no building or premises shall be used and
no building or part thereof shall be erected or altered in the
Low-Density Residential R-40 District unless the same conforms
to the requirements of the Bulk Schedule and of the Parking
Schedule, with the same force and effect as if such regulations
were set forth herein full.
Article XXIV, Section 100-244 B, a nonconforming lot
separately owned and not adjoining any lot or land in the same
ownership at the effective date of this article and not
adjoining any lot or land in the same ownership at any time
Subsequent to such date may be used, or a building or structure
may be erected on such lot for use, in accordance with all the
other applicable provisions of this chapter, provided that proof
of such separate ownership is submitted in the form of an
abstract of title showing the Changes of the title to said lot,
which abstract shall be in the usual form, shall be certified by
an attorney or a company regularly doing such work in Suffolk
County or by a corporation duly licensed to examine and ensure
title to real property in Suffolk County and shall contain a
certification that no contiguous property was owned by an owner
or the property involved since the date of any previously
applicable Zoning Law, Such lot shall be granted relief for
front side and rear yard dimensions as follows:
Article XXIII, Section 100-239.4, Notwithstanding any
other provisions of this chapter, the following setback
requirements shall apply to all buildings located on lots
adjacent to water bodies and wetlands:
A. Lots adjacent to Long Island Sound.
(1) All buildings located on lots adjacent to Long
Island Sound and upon which there exists a bluff or bank
landward of the shore or beach shall be set back not less than
one hundred (100) feet from the top of such bluff or bank.
4. The subject premises in question is located at 55 Glen
Court, Cutchogue, and contains an area of 10,293 sq. ft. in this
R-40 Zone District.
. .
Page 3 - Appl. No. 3914
Matter of EVA HALL
Decision rendered June 27, 1990
5. In considering this application, the Board finds an
determines: (a) the relief requested is not within the
character of the immediate area and will be a substantial
change, creating other precedents to follow; (b) the practical
difficulties claimed are not sufficient to warrant the granting
of the relief requested; (c) the circumstances of the property
are not unique; (d) that in carefully considering the record
and all the above factors, the interest of justice will be
served by denying the relief granted and granting alternative
relief, as further noted below. .
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
RESOLVED, to DENY the Variance with ALTERNATIVE RELIEF in
the matter of the application of EVA HALL under Appeal No. 3914,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the house not be any closer than ten feet from
the southern property line (toward Glen Court).
2. That the house not be any closer than 65 ft. to the
top of the bank.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
*
*
*
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~~
~ GERARD P. GOEHRINGE~, CHAI
.
.
July 9, 1996
Southold Town Planning Board
Southold Town Hall
53095 Main Road
P. O. Box 1179
Southold, New York 11971
Gentlemen:
Birch Hills Property Owners Association, Inc., who is the
owner of Glen Court, Cutchogue, New York, has agreed to convey
the westerly 100 feet, containing 5,000 sq. ft., to Eva Halla so
she may be able to add it to her property which is Lot No. 1 on
the "Map of Birch Hills" (SCTM #1000-83-1-1). This property has
suffered a great deal of erosion on the Long Island Sound bluff.
As a result Mrs. Halla has not been able to sell her property
because due to the zoning and building restrictions there simply
is not enough suitable space to build a house which is in keeping
with the neighborhood.
Further, due to the forces of nature the road in front of
her property has deteriorated to the point where there is no
actual roadway on the westerly 100 feet of Glen Court.
The association approves and consents to the lot line change
by adding 5,000 sq. ft. which is the westerly 100 feet of
Glen Court to Eva Halla's property with the understanding it
will be merged with her property which is Lot No.1.
BIRCH HILLS PROPERTY OWNERS
ASSOCIATION, INC.
By ~kL ~ff~ ~
Barbara Reiter, President
Sworn to before me this
9'" day of S"<-I<''/, 1996
w/~
,i/> 71.'.
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V Notary ~~ ic
RICHARD F.LARK y,....
NoIarY NlIIc. Stale 01 NIW ...
No.7432500. Suffolk CountY
ColMlIsslon ElqlirIS Aug. 31, 1996
. .
EVA HALLA
5 RANDY LANE
PLAINVIEW, NEW YORK 11803
July 5, 1996
Southold Town Planning Board
Southold Town Hall
53095 Main Road
P. O. Box 1179
Southold, New York 11971
Gentlemen:
I am the owner of Lot No.1 on the "Map of Birch Hills",
Cutchogue, New York. I have owned this lot since February 13,
1970. At the time my husband and I purchased this lot we
intended to build our retirement home. My husband died on
April 27, 1983. Since that time I have tried to sell this lot
but have not been successful. The main reason is due to the
erosion on the bluff which each year leaves less and less land
space to build a house. As you can see from the attached map
the bluff has eroded as much as 25 feet in some places since the
time this lot was created.
In an effort to sell the property I obtained a variance from
the Southold Town Zoning Board of Appeals on May 30, 1990, Appeal
No. 3914, a copy of which is attached hereto as Exhibit 1. This
allows a house to be built on the property to be set back 10 feet
from Glen Court and 65 feet from the top of the bluff. Due to
the restrictions put on the property by the Board of Appeals the
purchaser withdrew from the sale as the restrictions would not
allow a deck to be put on the house facing the Sound and a
two-car garage could not be built. I was told by real estate
agents and other prospective buyers that this property should
have a deck on the house facing on Long Island Sound and have a
house of sufficient size to meet the restrictions and have a
two-car garage. Looking at the property there simply is not
enough buildable space as it presently exists to accommodate
this. Further, the road in front of my property known as Glen
Court has disintegrated to the point where there is no road.
It is just a "paper street".
,
.
.
Southold Town Planning Board
-2-
July 5, 1996
The association which is responsible for the road
maintenance and upkeep does not want to build a new road.
understand this since it only serves my lot. Therefore, I
agreed to acquire a portion of this roadway from the Birch
Property Owners Association, Inc. and add it to my lot to
increase its size so that a suitable house and garage can be
built thereon in compliance with the setback. If the Planning
Board allows this to happen it will take care of both problems.
The association will not have to build a new road and I will have
sufficient property to be able to sell this Sound front lot to a
purchaser.
I
have
Hills
Upon approval by the Southold Town Planning Board of this
lot line change I will merge this parcel with my existing
property, Lot NO.1 on the "Map of Birch Hills", so it will
consist of one building lot.
O:A )( td!~
Eva Halla
Sworn to before me this
'~day of July, 1996
MARY L BIANCO
NO ARY PUBLIC, STATE OF NEW YORK
NO. OIBI 4675483
, II, SUFFOli, COUNTY ';" /
CGMfidSSION EXPIRES CCT. ,c, Ijh
/'
~'B[P6739 f~C~ 406
STATI OF NEW' YORK. COUNTY 0'
On the day of
l'crsonally came
IS:
19
, l)(~fon' nlt'
to me known to b\.' the 1ndi vidual
(~xccuted the foregoing instrument,
executed the same.
desnibed in and who
and- a~'kllowl~Jgt;'d that
STATE OF NEW YORK. COUNTY OF S u f f 0 1 k 55:
Gnthe 2lstdayof April 1970 ,before me
personallyeame Samuel L. Grimes
to me known, who, being by me duly sworn, did depose and
say that he resides at No< (n 0 #) B ria r G 1 iff
Road, ~horeham, New York
that ne IS the Secretary
of Bi rch Properti es, lnc
,"tHe.corporation tkscribed
in awl which eXl'cukd the foregoing inslrullIl'nl ; that he
knows tht, st.'at of said corporation; that tht, seal affixt.d
to said instrulllent is such corporatl' seal; that it was so
allixed by order of the board of diret'turs of said corpora-
tion, and that he signed Ii S name then.to by likl' order.
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~i I ALL those certain streets, roads, avenues ond courts, situate, 1y-
\ I' -.~. ing and being in the Town of Southold, County of S6ffolk and State
~ of New York; known and designated as "Birch Lane" and "Glen Court~
t: j on a certai n map enti t1 ed, "Map of Bi rch Hi 11 s at Cutchogue., and
' L 'Ii filed in the Office of the Clerk of the County of Suffolk on July
i 19, 1967 as Map No. 4908.'
II TOGETHER with all rights ~eserved to the Declarant in Declaration
II"Of Covenants and Restri ctions recorded in Liber 6194, page 197, as
I amended by instru..m.....e n..ts..,....r e.c,.,o rded in Liber 6276, page....5. fj,,~,n.R,.lj{&,,\ibe r
6493, Page '1.7, pro.vided, however, that the party Of.",.t '5., . art
he~ein shall noti':~"e.:theright to asses~ Lot Nos.~' pn
sald map for snow,..,.p.row1n,g, upkeep and malntenanceo, nd
.heach area shown on said map for any years prior to ca1end~,r;,ye,ar
1971 """""
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thi 5 conveyance'!',~'l.Iliject
otherwisesubje;c:;t~.to il11
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,- luxatllJn MAY, no ",;-i",:::;",/ "..!'t"'.,
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!~~~~~~-~ ~~~....~~.,~~~~:.!~~...~~~:~ ;~rR::I:: :i:~!:h~::.:: ;'\!O~~iH~~~!~~F~;~'.;
and all the estate and rights of the party of the firNt I,art in and to said premises; TO HAV ,:AND TO
HOLD tlw premises here;lIgranted IInto the pai-ty of the "'.'>I1d part, the heirs or successors,and"Rlsigns of,
II the party of the second part forever, . ,':' .': . "",
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!r CONS~LT YOUR LAwn, I~RI SIGNING TH's,lI~snUMINT.THIS INS. AU"NT SHOULD.I USID.T LAwn.s ONLY
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\ THIS INDENTURE, mad" the 21 s t
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Apri 1
, ninet,-en hllndred and s e v.e n ty
BETWEf:N
BIRCH PROPERTIES,
at 503 Hauppauge,
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party of the firs~ part, and
a New York corporation with
Ilauppauge, New York
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BIRCH HILLS PROPERTY OWNERS
corporation with offices at
of Southo1d, New York
ASSOCIATION, INC., a New York
Birch Lane, :utchogue, TJwn
party or the second part,
WITNESSETH, that the party of the first part, in cons i",-ration or' t,-n dollars and other valuable consideration
paid by the party of tht' ~ecol1d part, dot'S Iwreny grant and rl'1e:\s{' unto the party of the second part, the h~r9
~r succer;oIf and assig-ns of the party of the second pa rt fot'l'v('f,
A'lICt~at er(tain plot, piece or parcd of lalld, ",ith thS hllil"ill/(s aDd jmpJQve(l\ents th~rrlllJ e."tted, aitu.te,
Iving alld being ill the Town of SouttlO I d. county OT :'UTTO I Kana :'tate ut
New York, known and desigtl_ate.d as "'Park and Playground". on a cer-
t a i n map en tit 1 ed, "t., a p 0 'f:.Il i rc h II j"11 5 a t Cut c hog u'e ", and f 11 e din
the Office of the Clerk of the County of Suffolk on July 19, 1967
as Map IJo. 4908.
P a rce 1
II:
The party of the second part herein accepts
to the easements and rights granted in, and
the terms and provisions set forth in. said
and Restrictions as ,so"amended.
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AND the party, of the, first part, i!, com.pliance w~th St",tion 13 of the, Lien Law, ~ovenant;t~'~;'thf'~rty 0;""
the first part will receIve the Gonslderahon for thIS conv"yancr and WIll hold the right to recelve,such consid- '...
eration as a trust fund to be applied first for the purpose of paying the cost of the impr9vement and will "\ .~
apply the same first to the payment of the cost of the improvement before using any part 9fthe total of the
same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this illdentllrc,s~..requires,
IN. WITNESS WtJEIlJ;:OF, i/teparty of th,' first part has duly execllted this deed the day andye~';'fir~t abo~e
'I written '. .,...., ,.. . . "'.,..":'"
'. ,:' i,I"tUl1,.' "',o:t'f;ttoa;.
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. IN PRESE~~!~.{..~S\;)~~-:(;~...'~\"6/.:,r.:~\.
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THIS INDENTURE, made the /3'i ~~
BElWEEN
day of fi./h.u.~'<..J-.1 ' nineteen hundred and
, ,.; \\ rl~" .ii
BIRCH PROPERTIES, INC., a New York corporation with offices
. at 503 Hauppauge Road, Hauppauge, N",,, ..k,
party of th~ first part, and! , ,
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VAl NO HALLA and EVA HALLA, his wife, both residing at
5 Randy Lane, plainview, New York,~
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party of the seeond part,
W.ITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration
paId by the party of ~he second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assIgns of the party of the second part forever,
;A~L that c~rtai.n plot, piece or ~rcel of land, with. the buildings and improvements thereon ereeted, situate,
!y,"!g\lnd being In, the : \ ' . ,
Town of Southold, county of Suffolk and State of New York
known and designated as Lot No. 1 on a certain map entitl~d
"Map of Birch Hills" and filed in the Office of the Clerk
of the County of Suffolk on July 19, 1967 as Map No. 4908.
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THIS CONVEYANCE IS MADE IN THE REGULAR COURSE OF BUSINESS
ACTUALLY CONDUCTED BY THE PARTY OF THE FIRST PART.
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i and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
\HOLD the premises herein granted unto the party of the second part, the heirs or su<ceosors and assigns of
the party of the second part forever.. ' '1' . ," .. '
'( . \. .' ,j" : ] . ,ll'll "" ;1,
,
1'1 AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except ao aforesaid.
.' AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants thatlhe party of
\ thc first part will receive the consideration for this conveyance and will hold the right to receive such consid-
I eration as a trust fund to be applied 'first for the purpose of paying the cost of the improvement and will apply
\ the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose. .. ' ,
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed th. day and year first above
written. t
IN PRESENCE OF I
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,BIRCH,.PROPERTIEs, INC. ;~A'i
(oil., il;i;.~ ":'~l,:;J~j-i,,~_,: -:fut1' ""'~f!)\.l~N;~I,tl'i~~
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to lI1e J<nown to be the .indi~idllal' \'l~.c~ibed in and who
executed the foregoing instl1lmeht; '.aI1\l..icknowledged that
executed the same. .' . .,"
ITATI O' IIIW YOu. c;qilll'l'f ';0;
On the day 0(.......,
personally came ( .' .
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STATIO' 111'11011, COUNTY o. Suffolk
On the I'!> day of February 1970, before me
personally came Samuel L. Grimes
to me known, who, being by me duly sworn, did de?,!se and
say that he resides at:lHut no f Briarcl~ff
Road'hSporeham, New York ;
lbat . IS lI!~\~Secretary .
of Birch prciperties, Inc.
". , the corporation described
in and which executed the foregoing instrument; that he to I., U,. iru lidd""l
knows the Ileal of. said corporation; that the seal affixed described in and who executed the 1'. I 'eg 0: ng illst:r urnent ;
to said instrument is such corporate seal; that it was SO that he, said subscribing witness, .,'.. presenl aid saw
affixed by order of the board of directors o~sa corpora- execute the same; and III I ,e, ,..id witness,
tion, and that he ~;!~ fiame .thereto . ~nr:~ same time~:~i.~d h . ...cr. a:: wit... ss :horeto.
~.. CI,(l,1l
NOTARY PUBLIC, St.t. .f Naw York
No. 3:1.214:600
QUlnfled I" S"ff~lk County tf,
0,",,,,1..10" Ix~:r.' t.brc:h SO, 19"f1
IS.
STATI O. NIW YOIII, COUNTY OJ
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On the day of
personally came
the subscribing witness to the for'll) .g illst"l!De!' t
whom I am personally acquainted, ,h, Ie .ng by ",.
sworn, did depose and say that he '" i Ie, ,t No.
19
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with
duly
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WITH CoVENANT AOAIHIT GaANToa' .
TITLE NO. /..<IJ ~.:i~.
BIRCH PROPERTIES'I INC.:..'~ ,.i ~>i' .
TO '::j,.,,[ij
VAINO HALLA and EVA HALLA; r
wife
;' SECTION
BLOcll
LOT
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COUNTY OR TOWN
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Rea>nlM at I~!q".. 0'
HOME Tm.a l)1 ~ 110 'f
CHICAGO TtTLE tNSl'II.IHCI: COMI'ANY
ROlum by .1. 1 to
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STAlllIII filiiII' NEW YIlIIl ..... IF nnr -__..lIa
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BOMB TlTLB D.VI8U~N
C..CJA.GO ....~
IN8VIIANCB "COMPANY , '
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GARY FLANNER OLSE:~'
P.O. Box 247
,Matti tuck, New
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AGREEMENT N!ENDING Dr.CLAPJ\.TIOll
or CO'lENl'll'I.'S AND RES'!'!:.ICTIONS
November 11, 1979
,..,"
We, the undersigneC: being owners of real property !it Clltchogue,
Town of Southold, Suffolk County, New York, bounded and described
as follows:
ALL that certain plot, piece or parcel of land situate,
lying and being in the Town of Southold, County of Suffolk,
and State of New York, known and designated as and by lot
number 1 to 16, inclusive, on a certain map entitled "Hap
of Birch Hills at Cutchogue, Town of Southold, Suffolk
County, New York", and filed in the office of the Clerk of
the County of Suffolk on July 19, 1967 as Map No. 4908.
The premises are referred to on the Suffolk County Tax
Map as District 1000, Section 083, Block 1, Lots 1, 2, 3
4,5,20,21,22,23,24,25,26,27,28,29,30,31.
hereinafter referred to as the "Map of Birch Hills" for the purpose
of maintaining fair and adequate property values of the property
depicted on the "~1ap of Birch Hills" and of continuing the "Nap
f Birch Hills" as a desirable residential part of Cutchogue, Town
Southold, Suffolk County, New York, in consideration of our
utual interest as owners of real property on said "Map of Birch
IHills" hereby covenant and agree with one another that each of us,
his heirs, executors, administrators or assigns, will be bound by
Ithe
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following covenants and restrictions:
1. No lot shall be improved by or have placed or
maintained thereon any structure other than a single
family dwelling with a detached private garage or an
accessory/storage building. A two story dwelling
shall contain finished habitable living space of not
less than 1600 square feet above grade, and a one
story dwelling shall, contain finished habitable living
space of not less than 1300 square feet above grade.
No structure shall be erected on any lot until the
building plans as to location on the lot, the outward
appearance, elevations, and design have been approved
in writing by the Birch Hills Property Owners Associa-
tion, Inc.
2. No asbestos siding shall be used in the construc-
tion of any dwelling on any lot.
3. There shall not be placed or maintained on any
lot, except with the approval of the Birch lIills Pro-
perty Owners Association, Inc., (al any wall, (bl any
fence other than a split-rail fence, (cl any sign other
than an ornamental name and house number sign and one
professional sign measuring not more than one square
foot.
4. NO lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage and other waste
shall be kept in sanitary containers.
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5. No noxious or offensive activity shall be carried
on or upon any lot which may become an annoyance or
nuisance to the neighborhood.
6. No well or other individual water supply system or
any individual sewage disposal system shall be permitted
on any lot unless approved as to design, location and
construction by the Suffolk County Department of Health
or such other State, County, Town or Village authority
having jurisdiction over public health.
7. All owners of lots, their guests and invitees, are
hf,reby granted an easement for the purpose of ingress and
egress, in common with others, at their own risk, over the
roads shown on said map. All owners of lots are hereby
granted the right to use (pursuant to reasonable regula-
tions from time to time promulgated by the Birch Ilills
Property Owners Association), in common with others, at
their own risk, the park and playground areas shown on
said map.
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8. The Birch Hills Property Owners Association, Inc.
owns a fee title to the bed of the streets and the park
and playground all as shown on the "~Iap of Birch Hills"
by virtue of a deed dated April 21, 1970 and recorded in
the Suffolk County Clerk's Office on May 7, 1970, in Liber
6739, page 405. The Birch Hills Property Owners Associa-
tion, Inc., its successors and assigns, shall be responsible
for the upkeep and maintenance of the park, playground area,
and roads, including snowplowing. Each lot on the filed
map shall be subject to an annual charge in an amount to
be fixed by a majority of owners of the lots at an annual
meeting of the Birch Hills Property Owners Association, Inc.,
not exceeding in anyone calendar year the sum of $100.00
per lot. Special assessments may be levied on any improved
lot by a two-thirds (2/3) vote of the lot owners in order
to defer the cost of any extraordinary repairs for the up-
keep or maintenance of the roads, park anu playground.
"
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9. An easement along the roads on said map and over any
other area necessary is hereby expressly reserved for the
erection and maintenance of poles and wires and conduits
and of all proper and necessary attachments for electric
power and telephone service and for the construction and
maintenance of any utility easements; provided, however,
that said easements shall be over areas designated by muni-
cipal or public utility authorities.
10. Enforcement of these covenants shall be by proceeding
at law or in equity. Invalidation of any provision herein
shall have no effect upon any other provision herein.
.'
I
11. These covenants and restrictions shall run with the
land hereby and shall bind and inure to the benefit of said
parties hereto, their heirs, administrators, and assigns,
to October 30, 2005, after which time they shall be auto-
matically extended for successive periods of ten (10) years
unless an instrument signed by the then owners of a majority
of all of the lots agree to change such covenants and restric-
tions in whole or in part shall have been recorded.
J
12. The Declaration of Covenants and Restrictions dated
July 26, 1967 and recorded in the Suffolk County Clerk's
Office on July 31, 1967 in Liber 6J94.L page 197, the Amend-
ment to Declaration of Covenants ~nd Restrictions dated
---/'
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3eptember 7, 1967 and recorded in the Suffolk County
Clerk's Office on December 20, 1967 in Liber 6276,
2age 56, and the Amendment to Declaration of Covenants
and Restrictions dated January 13, 1969 and recorded
in the Suffolk County Clerk's Office on January 21,
1969 in Liber 6493, page 27, are hereby a~ended and
superseded.
,
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., this agreement
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Any deed, lease, conveyance, or contract ~ade in violation of
shall be void and may be set aside on petition of
: one or more of the parties hereto, and all successors in interest,
"
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II heirs, executors, administrators, or assigns, shall be deeJ'1.ed Darn
;:
iities with the same effect as the original signers; and when such
i!conveyance or other instrument is set aside by decree of a court
II
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i10f competent jurisdiction, all costs and all expenses of such ?ro-
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i!ceedings shall be taxed against the offending party or parties, an
il
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i!shall be declared by the court to constitute a lien against the
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:ireal estate so wrongfully deeded, sold, leased, or conveyed, until
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I!paid, and such lien may be enforced in such manner as the court
"
II may order.
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This agreement constitutes a mutual covenant running with the
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and all successive future owners shall have the same right
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iito invoke and enforce its provisions as the original signers
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lihereof.
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: This agreement shall take effect and be in full force when
"
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" (~"\: . IN WITNI;SS NHEREOF, the parties
/~:'.'~~":.}<.)l Birch lIills Property
. ". '. : liO\.,ners Association,Inc.Park, Playgrounds
_.:\:':: -n"Birch Lane and Roads
". - 'ij~utchOgue, NY 11935
.,.~./ . ;~
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il executed by twelve of the lot owners on the "Hap of Birch Hills"
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:1 and may be placed on the record. Any other lots on the "Uap ()f
q
ii Birch Hills" may be brought under this agreement subsequently by
'i
lithe execution of a suitable instrument by the owners of such lots
il
iiwhich shall bring them under all obligations and entitle them to
11 all the privileges of the original signers hereof ...,"'\
"~ .
:,' Leonard Jensen
I Si1lndre Haugsten 2 B
11600 Fredrikstad
I Norway
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Lot Ho. 12
ag eeme t.
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