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HomeMy WebLinkAbout1000-112.-1-11, 12 & 13PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLL~4 J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI-IARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2001 Mr. Robert Rothberg 55 West Hartsdale Avenue Hartsdale, NY 10530 RE: Proposed Lot Line Change for Robert Rothberg & Carol Palmieri Rothberg and J. Garrett DeGraff and Margaret B. DeGraff Located on L. I. Sound, 3,905' north of Sound Ave. & Aldrich La. Ext., Mattituck SCTM# 1000-112-1-11, 12 & 13 Zone: R-80 Dear Mr. Rothberg: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 5, 2001: The final public hearing was closed. The following resolutions were adopted: 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. WHEREAS, Robert Rothberg & Carol Palmieri Rothberg and J. Garrett DeGraff and Margaret B. DeGraff are the owners of the properties known and designated as SCTM#1000-112-1-11, 12 & 13, located on Long Island Sound, north of Aldrich Lane Extension in Mattituck; and WHEREAS, the purpose of this lot line amendment is to eliminate a lot by subtracting 44,800 sq. ft. from a 90,113 sq. ft. lot, SCTM#1000-112-1-12, and add itto a 178,082 sq. ft. parcel, SCTM#1000-112-1-13, and to subtract 45,313 sq. ft. from the same 90,113 sq. ft. parcel, SCTM#1000-112-1-12 and add itto a 91,366 sq. ft. parcel, SCTM#1000-112-1-11; and Rothber.q/DeGraff - Pa.qe Two - November 6, 2001 WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on November 5, 2001; 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 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 August 13, 2001, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: The filing of new deeds reflecting this amendment whereby three lots become two. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman encl. IN THIS LOT LiN ANGE BETWEEN '~ ~' ' IS LOCATED ON SCTM# I000- AND LOT LINE CHANGE Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of Lot Line -with conditions Endorsement of Lot Line ms ~. 1/90 14-16-~ (2t87)--Text 12 PROJECT I.D. NUMBER 617,21 Appe.dlx C State EnvlmnmentBI Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor} 1. APPLICANT/SPONSOR 2. PROJECT NAME DeGRAFF and ROTHBERG Lot Line Modification 3. PROJECT LOCATION: Municipality Mattituck, Southold County Suffolk SEQR ' 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) On Long Island Sound, north of Alrich Lane Extension SCTM: 1000-112-1-12 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIEE PROJECT BRIEFLY: Merge equal halves of tax lot 12 with contiguous improved parcels owned by applicants. 7. AMOUNT OF LAND AFFECTED: ioitially 2 · 024 acres Ultimately 2. 024 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: 10. DOES AC~TION INVOLVE A PERM T APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(e) and permlUapprovale NYSDEC and SCHD 11. DOES ANY ASPECT OF THE AC~flON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If yes, list agency name and permit/approval 12. AB A RESULT OF: PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY_THAT THE iNFORMATION PROVIDED ABOVE I$ TRUE TO THE Signature: ~. BEST OF MY KNOWLEDGE Date: 4/7/~3R 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 ASSESSMENT (To be completed by AgenDy) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD tN 6 NYCRR, pART 617.127 if yes, cooMInate the rev~ew process and use the FULL FAF. [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaratio~ may be superseded by another involved agency. [] Yes [] No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sudece or groundwater quality or quantity, noise levels, exteting traffic patterns, soUd waste production or disposal, potential for erosion, drainage or floOding problems? Explain briefly: None C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural rsoources; or community or neighborhood character? Explain briefly: C3 Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4 A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly None C5. Growth, subseguent development, or related activities likely to be induced by the proposed action? Explain briefly. None C6 Long terror short term, cumulative, or other effects not identified in C1-C§? Exptaln briefly. None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. None O Is THERE, OR iS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is substantial, large, important or otherwise significant. Each effect should toe assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. 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 necesse~7, the reasons supporting this determination: Print or Type Name of Responsible Officer ,n Lead Agency Signature of Responsible Officer in Lead Agency Name of Lead Agency Date April 7, 2000 Planning Board, Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Lot Line Change - 1000-112-01-12 Dear Madam or Sir: This letter is a description of our application for a lot line modification. The undersigned DeGraffs own a residence on the Long Island Sound north of the Aldrich Lane Extension north of Sound Avenue at Mattituck, which is SCTM 1000-112-01-11. Dr. Rothberg and his wife Dr. Palmieri own their residence at SCTM 1000-112- 01-13. In between tax lots 11 and 13 is tax lot 12 which was recently the subject of an application to the ZBA for multiple dimensional variances to construct an oversized residence within less than the required bluff setback distance. The undersigned opposed the application. The then applicant withdrew the application. We immediately bought tax lot 12 in order to prevent what was proposed before the ZBA and in order to extinguish tax lot 12 as a building parcel. We are seeking a lot line modification so as to divide tax lot 12 and annex its respective halves with our respective adjacent residence parcels. We have prepared a declaration to be recorded at the Suffolk County Clerk's Office under which the merger of the respective halves with our respective residence parcels is the subject of a covenant. A copy of that declaration is attached. The DeGraffs' parcel and tax lot 12 are the product of a ZBA undersized lot width split-off approval about 20 years ago. The effect of this lot line modification application is to restore 50 feet of width to the DeGraff tax lot 11 thereby making tax lot 11 less non-conforming with respect lot width and to extinguish altogether the vacant lot created by the ZBA udersized lot spilt-off which is tax lot 12. Neither the DeGraffs nor the Drs. Rothberg and Palmieri have any interest excepting to prevent the development of tax lot Ma~rga~r ~DeG~r a f ~~ Robert C. Rothberg ~ Carol A. Palmieri STATE OF NEW YORK ) : COUNTY OF SUFFOLK ) SS.: On the 7th day of April in the year 2000 before me, the undersigned, personally appeared Garrett DeGraff, Margaret DeGraff, Robert C. Rothberg and Carol Ao Palmieri personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the persons upon behalf of which the individuals acted, ~xecuted the instrument. Notary Public i,i~i~ANTHONY B. ~OHILL ..1~-3~_ ~,~ of New '~ ~o. ~T0~50510 C:\My Doc~ents~RF2~LESTA~Rot~ergDeGraff Letter to Plar=ning Board.doc I~llltrnisM~ ~xl3fres Sept. 30, Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording/Filing Stamps Page / Filing Fee ttandling TP-584 Notation EA-52 17 (County) EA-5217 (State) R,P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Olher 5 oo __ Sub Total Sub Total GRAND TOTAL '1 Stamp Date Initials RealP~ DJsl. 1000 1000 1000 ~erty Tax Service Agency Verification Secfion 112.00 112.00 112.00 Bilk Lot 01.00 Oll. O00 01.00 312.00Q 01.00 313~000 Satis~ctions/Discharges/ReleasesListPropeRyOwnersMailingAddress RECORD& RETURN TO: ANTHONY B. TOHILL, P.C. 12 First Street PO Box 1330 Riverhead, NY 11901 Mortgage Amt. ,,,, I. 'Basic Tax 2. Additional Tax Sub Total' Spec./Asslt. Or Spec./Add. TOT. MTG. TAX Dual Town~ Dual County,~ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be Improved bya one or two family dwelling only. YES~orNO If NO, see appropriate tax clause on page # __ of this instrument. 6 Communit~y 'Preservation Fund Consideration Amount $ None CPF Tax Due $ Improved x Vacant Land x TD TD TD Is I Title Company Information Co. Name n/a I Title # Suffolk County Recording & Endorsement Page 7his page forms part of the attached Declara~ on (SPECIFY TYPE OF INSTRUMENT) DeGraff et al. TO Rothbero et al. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In th~ VILLAGE or HAMLET of Mattituck BOX'FeB 5 TItRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, made by: Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. portion of your monthly mortgage payment inciuded your property taxes, you will now need l~;ontact our local Town Tax Receiver so that ou ma be billed direct1 for all future re err _tax bills_: Local property taxes are payable twice a year: on or before January 10th and on or before May 315k Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Brookhaven Town Re~:eiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 IslipTown Receiver ofTaxes 40NassauAvenue Islip, N.Y. 11751 (516)224-5580 RiverheadTown ReceiverofTaxes 200 Howell Avenue Riverhead, N.Y. 11901 (516)727-3200 Shel~rlslandTownReceiverofTaxes Shel~rlslandTown Hall Shel~rIsland, N.Y. 11964 (516)749-3338 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 sincerely, Edward P. Romaine Suffolk County Clerk aw 2/99 DECLARATION THIS DECLARATION, made the 7th day of April, 2000 by G/LRRETT DeGRAFF and MARGARET DeGRAFF (hereinafter "DeGraff") and ROBERT C. ROTHBERG and CAROL A. PALMIERI (hereinafter "Rothberg"), residing at 12 First Street, Riverhead, New York (herein called the "Declarants") WHEREAS, the Declarants are the owners of certain real property situate in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point at the southwest corner of the subject premises and the southeast corner of other premises of DeGraff which said point is the south boundary of a 25 foot right of way which said right of way extends 3912.28 feet north from the north side of Sound Avenue and which said point is 180.5 feet east from the northwest corner of lands now or formerly of Koroleski; RUNNING THENCE North 20 degrees 41 minutes 00 seconds West 878.98 feet to the Long Island Sound; THENCE North 67 degrees 08 minutes 33 seconds East 100.06 feet along the shore of the Long Island Sound; THENCE South 20 degrees 41 minutes 00 seconds East 884.20 feet to a concrete monument and land now or formerly of Koroleski; THENCE South 70 degrees 08 minutes 00 seconds West 100 feet along the northerly line of land now or formerly of Koroleski to the point or place of BEGINNING. WHEREAS, the aforesaid premises are known as SCTM 1000-112-01-12; and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold (herein called the "Board") for permission to modify the lot lines of the above said premises so that the portion described on Schedule A1 annexed shall be merged with other premises of DeGraff described on Schedule A2 portion described on Schedule Bi with other premises of annexed; and WHEREAS, annexed and so that the annexed shall be merged Rothberg described on Schedule B2 for and in consideration of the granting of the requested permission the Board has deemed it to be for the best interests of the Town of Southold that the within covenants and restrictions be imposed on said property and as a condition of said approval the Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarants have considered the foregoing and desire to make, execute and file the within Declaration, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that said property hereinabove described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1o The premises merged as described on Schedules A1 and A2 shall not be further subdivided. 2. The premises merged as described in Schedules BI and B2 shall not be further subdivided, except with permission of the Board. 3. This Declaration shall be recorded in the Suffolk County Clerk's Office together with deeds merging the premises on Schedules A1 and A2 and merging the premises on Schedules Bi and B2o Said deeds shall be recorded simultaneously herewith. 4. The within Declaration may not be annulled, waived, changed or modified, unless and until approved by resolution of the Board or its successors. IN WITNESS WHEREOF, the Declarants have executed this Declaration the day and year first above written. ROBERT C. CAROL A. PALMIERI STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss: On the 7th day of April, in the year 2000 before me the undersigned, personally appeared GARRETT DeGRAFF and MARGARET DeGRAFF personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that the executed the same in their capacities, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public ANTHONY I~ TOHILL NO, C STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss: On the 7th day of April, in the year 2000 before me the undersigned, personally appeared ROBERT C. ROTHBERG and CAROL Ao PALMIERI personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that the executed the same in their capacities, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public ANTHONY B. TOHILL NOTARY PUBLIC, ~tmt~ of Ne~ ~ No. 02T09350510 ommission Explre~ ~ept. ~0, ~ ~' - 5 SCHEDULE A1 ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point at the southwest corner of the subject premises and the southeast corner of other premises of DeGraff, which said point is the south boundary of a 25 foot right of way, which said right of way extends 3,912.28 feet north from the north side of Sound Avenue and which said point is 180.5 feet east from the northwest corner of lands now or formerly of John Koroleski; RUNNING THENCE North 20 degrees 41 minutes 00 seconds West 878.98 feet to the Long Island Sound; RUNNING THENCE on a tie line along the apparent high water mark North 67 degrees 08 minutes 33 seconds East 50.03 feet to a point; RUNNING THENCE South 20 degrees 41 minutes 00 seconds East 881.59 feet to a point and the northerly side of land now or formerly of John Koroleski; RUNNING THENCE South 70 degrees 08 minutes 00 seconds West 50 feet to the point or place of beginning. Said premises constitute the westerly half of SCTM 1000-112- 01-12 and are depicted on a certain survey of Joseph A. Ingegno, land surveyor, dated March 15, 2000 entitled Lot Line Modification. 6 SCHEDULE A2 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point or concrete monument at the southwesterly corner of land herein conveyed and the southeasterly corner of land of Anderson; running thence along said land North 20 degrees 41 minutes West 916.00 feet to the mean high water line of Long Island Sound; thence running along the mean high water line of Long Island Sound North 72 degrees 40 minutes 30 seconds east 100.17 feet; thence south 20 degrees 41 minutes east 911.50 feet to a concrete monument and land of Dundee Securities Corporation; thence running along other land of Dundee Securities Corporation South 70 degrees 08 minutes West 100 feet to the point or place of BEGINNING. 7 SCHEDULE B~ ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point at the southwest corner of the subject premises and the southeast corner of other premises now of Rothberg, Palmieri and DeGraff, which said point is the south boundary of a 25 foot right of way, which said right of way extends 3,912.28 feet north from the north side of Sound Avenue and which said point is 230.5 feet east from the northwest corner of lands now or formerly of John Koroleski; RUNNING THENCE North 20 degrees 41 minutes 00 seconds West 881.59 feet to the Long Island Sound; RUNNING THENCE on a tie line along the apparent high water mark North 67 degrees 08 minutes 33 seconds East 50.03 feet to a point; RUNNING THENCE South 20 degrees 41 minutes 00 seconds East 884.20 feet to a point marked by a concrete monument and the northerly side of land now or formerly of John Koroleski; RUNNING THENCE South 70 degrees 08 minutes 00 seconds West 50 feet to the point or place of BEGINNING. Said premises constitute the easterly half of SCTM 1000-112- 01-12 and are depicted on a certain survey of Joseph A. Ingegno, land surveyor, dated March 15, 2000 entitled Lot Line Modification. 8 SCHEDULE B2 ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point which is the southwesterly corner of the premises about to be described, which point is North 70 degrees 08 minutes East a distance of 100 feet from a concrete monument marking the southwesterly corner of lands now or formerly of Sheldon Hills; RUNNING THENCE along lands of said Sheldon Hills, North 20 degrees 41 minutes West a distance of 890.94 feet, more or less, to the mean high water mark of the Long Island Sound; THENCE along said mean high water mark of the Long Island Sound, (the tie line of said mean high water mark of the Long Island Sound being North 70 degrees 23 minutes 00 seconds East}, a distance of 200.01 feet, more or less, to lands now or formerly of Warren M. Cannon and Susan L. Cannon; THENCE along said lands, South 20 degrees 41 minutes East distance of 890.06 feet, more or less, to lands now or formerly of Dundee Securities Corp.; a THENCE along said lands of Dundee Securities Corp., South 70 degrees 08 minutes West a distance of 200 feet to the point or place of BEGINNING. TOGETHER with an undivided two-tenths (2/10ths) interest in a certain strip of land 25 feet in width extending from the northerly side of the North Road to the southerly side of lands now or formerly of Jonathan P. Wendell, which said right of way is bounded northerly by said lands now or formerly of Wyckoff easterly by lands now or formerly of Dundee Securities Corp.; southerly by the North Road; and westerly by lands now or formerly of George Hallock Estate, which said strip of land is to be used as a roadway in common with the other owners; 9 TOGETHER with a right of access to and recess from the premises over, upon and across the rights of way over the southerly 25 feet of lands conveyed to H. Norman Wyckoff and Inna Wyckoff, his wife, by deed dated August 31, 1940 and recorded in the Suffolk County Clerk's Office in Liber 2121 cp 455 and the lands conveyed to Paul Brett by deed dated December 12, 1941 and recorded in the Suffolk County Clerks Office in Liber 2206 cp 572. TOGETHER with a right of access to and recess from the premises over, upon and across a certain right of way 25 feet in width running along the south end of the premises heretofore conveyed to Paul W. Brett by deed recorded in the Suffolk County Clerk's Office on December 12, 1946 in Liber 2658 cp 535, and also across the continuation of said right of way at the south end of the premises conveyed to George C. Hees and Matilda K. Hees by Ferdinand Mallgraf and Ann Mallgraf, his wife by deeds dated August 17, 1946 in Liber 2610 cp 161, and dated May 1, 1947 and recorded in the Suffolk County Clerk's Office on May 16, 1947 in Liber 2706 cp 128. 10 Number of pages TORRENS Serial tt Certificate It Prior Cfi. It Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES P, ecordiug/Filing Stamps Page / Filing Fee tlandling TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 500 Sub Total GRAND TOTAL I Real Properly Tax Service Agency Verification Dist. Section II lock [,ot Stamp 1000 112.00 01.00 00( Date I I Initials I I 71 Saii~factions/DischargCs/l',eleases List Property Owners Mailing Addres~ RECORD & RETURN TO: ANTHONY B. TOHILL, P.C. 12 First St., P.O. Box 1330 Riverhead, New York 11901 Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. 1'O'1'. MTG. TAX Dual Town__ Dual County__ Ileld for Apportionment __ Trausfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO__ IfNO, see appropriate tax clause on page # of this instrument. Comtnunity Preservalion ]:und Consideration Amount $ 0 - CPFTax Due hnproved X Vacant Lund TD TD TD 91 I s I Tith; Company Information Co. Nmne Title # .... Suflblk County Recording A Endorsement Page 'lhis page fomts pm1 of the attached Deed (SPECIFY TYPE OF INSTRUMENI' ) made by: 'lhe premises herein is situated in DeGR~FF, DeGI:~FF, ROTHBERG & PALMIERIsuFFOLK COUNTY, NEW YORK. TO In the Tom,ship of S outho 1 d In the VILLAGE DeGRAFF or HAMLET of Mattituck ) BOXES 5 'll tRU 9 MIJST BIVI'YI El) OR I RIN H.;I ) IN I~,LACK INK ONI.Y I RIOR TO I{ECORDING OR FILING. lOVER) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy fi)r your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10Ih and on or before May 31st. Failure to make payments in a tilncly fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver o£Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Islip Town Receiver of Taxes 40 Nassau Avenue lslip, N.Y. 11751 (516) 224-5580 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 Smithtown Town Receiver of'Faxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk 2/99 Form 8002 (9/99) - 20M Bargaina~Sale Deed, wilh L.'ovenants against Granlor's Acts Ind~al or Corporation. (single sheel) CONSULT YOUR LAWYER B~:~E SIGNING THIS INSTR[JMENT - THIS INSTRUCTS' SHOULD BE USED BY LAWYERS ONLY. THISINDENTURE, madethe 7th dayof April ~ 2000 BETWEEN GARRETT DeGRAFF andMARGARET DeGRAFF, residing at 163 Eton Place, West Hempstead, New York 11552, and ROBERT C. ROTHBERG and CAROL A. PALMIERI, residing at 55 West Hartsdale Avenue, Unit H, Hartsdale, New York 10530 partyofthefirstpart, and GARRETT DeGRAFF and MARGARET DeGRAFF, his wife, 163 Eton Place, West Hempstead, New York 11552, residing at and party of thc second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release un(o the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point at the southwest corner of the subject premises and the southeast corner of other premises of DeGraff, which said point is the south boundary of a 25 foot right of way, which said right of way extends 3,912.28 feet north from the north side of Sound Avenue and which said point is 180.5 feet east from the northwest corner of lands now or formerly of John Koroleski; RUNNING THENCE North 20 degrees 41 minutes 00 seconds West 878.98 feet to the Long Island Sound; RUNNING THENCE on a tie line along the apparent high water mark North 67 degrees 08 minutes 33 seconds East 50.03 feet to a point; RUNNING THENCE South 20 degrees 41 minutes 00 seconds East 881.59 feet to a point and the northerly side of land now or formerly of John Koroleski; RUNNING THENCE South 70 degrees 08 minutes 00 seconds West 50 feet to the point or place of beginning. Said premises constitute the westerly half of SCTM 1000-112-01-12 and are depicted on a certain survey of Joseph A. Ingegno, land surveyor, dated March 15, 2000 entitled Lot Line Modification. Being and intended to be part of the same premises conveyed to the parties of the first part by deed dated December 27, 1999 recorded January 11, 2000 in Liber 12012 page 909 at the Suffolk County Clerk's office. SCTM 1000-112.00-01.00 part of 012.000 TOGETHER with all right, title aod interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described promises 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 promises 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 encumbered 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 consider- ation 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. 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. I,x! PRESEkrCE OF: GARRETT DeGRAFF MARGARET DeGRAFF ROBERT C. ROTHBERG CAROL A. PALMIERI Acknowledgement taken in New York ,~e State of New York, County of SuffoIk , SS; Onthe 7th dayof April ,intheyear 2000 before me, the undersigned, personally appeared GARRES'I~ DeGRAEF, HARG~T DeGP, A~F, ROBERT C. ROTHBERG and CAROL ANN PALMIERI personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities and that by their signatures on the instrument, the individuals or the person upon behalf of which the individual acted, executed the instrument. Notary Public Acknowledgement by Subscribing Witness taken in New York State State of New York. County of , ss: On the day of , in the year the undersigned, personally appeared , before me, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that he/she/they reside(s) in that he/she/they know(s) to be lhe individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. Bargain and Sale Deed Title No.: DeGRAFF, DeGRAFF, ROSENBERG and PALMIERI TO DeGRAFF Acknowledgement t~l~n in New York State State of New York, C6unty of , SS: On the day of ,in the year the undersigned, personally appeared , before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. J ANTHONY B. TOHILL Acknowledgement taken outside New York State * State of County of ss: * (or ~nsert D~stnct of Columbia, Terntory, Possessmn or Foreign Country) On the day of , in the year the undersigned, personally appeared before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: Distributed by Chicago Title Insurance Company Zip No. LU New York Slale Taxation and Finance Combined Real Estate · Transfer Tax Return and Credit Line Mortgage Certificate :es instructions (TP.584.1 before corn lelin this form. Please tint or t e. ~ ions(TP.584-1belore corn letln ~ ichedule A -- Information Relafl~ace '1 Individual } Corporation j Partnership ] Olher Grantee · ~ Individual ] Corporation ] Parlnership ] O~her Name (if individual; last, first, middle I~ilial) SEE ATTACHED SCHEDULE A Mailing address City Slate ZIP cods Name ~1 i~ividua~ ~sf, f#sl, mk~Yle Inll~ DeGRAFF, GARRETT and DeGRAFF, MARGARET Mailing address 163 Eton Place Slale ZIP code CtIYwest Hempstead NY 11552 ocs(ion and description el property conveyed Address ~ Social Security Number ~cial Security Number Federal employer Id~t. number ___1 r Social Security Numbs Social Security Number Fedmsl u,,~v~.er ~e~. ,~,,-,~ ~ Town Count}~_...._ Mattituck l12.pl. OOlutz. 4255 Aldrich St. el property conveyed (check applicable box) 5 [] Commemial/Industrial 6 [] Apartment building 7 [] Office building 8 [] Olher iype i [] 1 - 3 family house Date of conveyance · [] Residential cooperative i[]Residentialcondominium [ 4 I 7 I O0 ,. i [~ Vacant land m~ d~, ~ Southold Suffolk Pementage of real properly conveyed which Is residential real property 100 ._% (see Instructions) Condition ol conveyance (check all that apply) 9. X_ Conveyance of lee interest ~. _ Acquisition of a controlling inleresl (state percentage acquired %) ~,. _ Transler of a controlling interest (slale percenlage transferred . %) -J _ Conveyance to cooperative housing corporation e. _ Conveyance pursuant to or in lleu of foreclosure or enforcement el security f. _ Conveyance which consists ola mere change of identity or Iorm of ownership or organization ~attach Form TP-584. t, Schedule F) g. _ Conveyance for which credit for tax previously paid will be claimed (attach Form TP.584. t, Schedule G) h. - Conveyance el cooperative aparlmenl(s) i. ~ Syndication _Conveyance el air dghls or development _ Contract assignment I. _ Option assignment or surrender m. _ Leasehold assignmenl or surrender n. _ Leasehold granl o. _ Conveyance of an easemenl p. _ Conveyance for which exemption Item transler lex is claimed (complete Schedule B, Part III) q. _ Conveyance of property parlly within and partly without the state interest (attach Form TP-584. I, Scflndule E) righls r. _ Other (desc'nDe) _S_chedule B -- Real Estate Transler Tax Return [Article 31 of tl~e T_ax_La~}_ 2 Con nung en deduc on (see nstroctlons if property is token subject lo mortgage or lien) ............................. 3 Taxable consideration (subtract line 2 from line I) ......................................... ' ......... 1 2None 3 None 4 None 5 ( None 6 None Peri I - Computation of Tax Due conveyance (if you are claiming a total exenrption from tax, check Ihs exemption I Enter amount of consideration tot the ~--]Exemptlon claimed claimed box, enter consideration and preceed to Part III) ................................. 4 Tax $2 for each $500, or tract onal part thereol, et consideration on line 3 ..................................... 5 Amount of credit claimed (see instructions and attach Form TP-584. I, Schedule G) .................................... 6 Total tax due' (subtract line 5 from line 4) .......................................................................... Part II - Computation o! Additional Tax Due on the Conveyance et Residential Real Property for $1 Million or More I Enler amount of consideration for conveyance (bom Pall I, line 1) .............................................. 2 Taxab e cons dera on (n iply ne. I ~y the percentage of tile p~emises whlcil is residential real property; see instructions) ...... 3 'fetal additional trane(er tax due ir% oiline 2) ................................................................... 'Please make check(s) payable lo the counly clerk whom ll~e recording is to take place or if the recording is to take place in New York Cily, make check(s) payable to Ihs NYC Department of Finance. II no recording is required, send this return and your check(s) made payable Io the Department of Taxation and Finance, directly to the NYS Tax Deparlment, 'lTTB-Transter Tax, PO Box 5045, Albany NY 1220§-5045. -------~ Date received Transaction number IForrecording officers use [ Amounl received Patti $ Schedule B'~- (continued) Part III - Explanation of Exemplion Claimed in~l 1, line ~ (cheqk any boxes that apply) Tire conveyance of real property is exempt from~r~ real ostale transfer tax'for the following reaso~ a. Conv6yance is Io the United Nations, the Uniled States of America, the state of New York or any of their Instrumentalities, agaric es or po cai subdivisions {or any public corporalion, including a public corporation created pursuant to agreement or compacl wilh anolher stale or Canada) ....................... ; ........................................................ a [] b. Conveyance is to secure a debt or other obligation .......................................................................... b [] c Conveyance is without additional consideration to conlirm, correct, modify or supplement a prior conveyance ................ c [] d. Conveyance of real property is without consideration and not in connection with a sale, Including conveyances conveying realty as bona fide gifts ............................................. e. Conveyance Is given in conneclion with a tax sale ...................................................... e [] f. Conveyance is a mere change et identity or form of ownersh p or organization where there is no change in beneficial This exem ion cannot be claimed for a conveyance to a cooperative housing corporation of real property ownership. ( P r. - I [] comprising the cooperative dwelling or dwellings.) Attach Form TP-a84.t, Schedule F ....................................... g. Conveyance consists of deed el partition ............................................................... g [] h. Conveyance Is given pursuant to the federal bankruptcy act ................................................................. h [] i, Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property .......................... i [] j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grunter's personal residence and consists of a 1-, 2-, or 3-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transler of a proprietary leasehold covering an individual residential cooperative apartment ........................................................... ' .................. J [] k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents supporting such claim) ......................................................................................................... i, Other (attach explanation) .......................................... Schedule C -- Credit Line Mortqaqe Certi_fic_a_t_e_(Article 11 of the Tax LawJ ~omplete the following only If the Interest being transferred Is a fee simple Inlerest. I (we) certify lhat: (check the appropriate box) I ~ The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2 [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for Ihs following reason: [] The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple Interest In the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more et the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property aller the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] The transfer of real property is a transfer to a Irustee in bankruptcy, a receiver, assignee or other officer of a court. [] The maximum principal amount secured by lho credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-lamily owner-occupied residence or dwelling. Please note: for purposes of determining whelher the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by lwo or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96{6)-R for more ir erin.alien regarding these aggregation requirements. [] Other (attach detailed explanation). 3 [] The real property being transferred is presently subject to an outstanding credit line mortgage, However, no tax Is due for the following reason: [] A certilicate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4 [] The real property being translerred is subject Io an outstanding credit line mortgage recorded in _ (insert liber and page or reel or other idenlilication of Ihs mortgage). The maximum principal amount of debt or obligation secured No exemption from tax is claimed and the tax of is by the mortgage is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York City, make check payable to the NYC Department of Finance.) s~~r_ant~) and gr_a___nt~(_sJ_.m__us_t sl.qn_). The undersigned certify that the above return, including any cerlilication, schedule or attachment, is to the best of his/her knowledge, true and complete. Tiffs Grantor Title Garrett ~e~raff Robert C. Rothber§ ack s made payable to the county clerk where recording will take Reminder: Did you complete all of the required Information In Schedules A and B? Were you required to complete Schedule C? If you checked e, ........ m,, te TP.584.17 Have you ,31 ached your ch _(.). .... re~ send your check(s), made payable to the Oepsrtment of Taxation and Flnsnce, directly to Ihs NYS Tax Department, T~-[B.Transrer Tax, PO Box 5045, Albany NY 12205-5045. tors: D eGP~AFF, DeGRAFF, GARRETT MARGARET residing at: 163 Eton Place West Hempstead, New York 11552 SCHEDULE A Social Security ROTHBERG, ROBERT C. PALMIERI, CAROL A. residing at: 55 West Hartsdale Avenue, Unit H Hartsdale, New York 10530 econic Bay Region Community Preservation Fund East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Sonthold 10 Please print or type. Schedule A Information Relatinq to Conveyance Grantor [] individual [] Corporation [] Partnership [] Other Grantee [] Individual [] Corporation [] Partnership [] Other Name (individual; last, first, middle initial) SEE SCHEDULE A ATTACHED Mailing address City State ZIP code Name (individual; last, first, ~ddle initial) DeGRAFF, GARRETT and DeGRAFF, MARGARET Mailing address 163 Eton Place City State ZIP code West Hempstead NY 11552 Social Security Number I I Social Security Number ~ I Federal employer idenl numb, Socia~ Securi[yy uNumSer Sociat Secudb, Number Federal employer ide~[ Location and description of property conveyed Tax map designation Dist Section Block 1000 112. 0I. O0 Lot p/o 012. 000 Type of properly conveyed (check applicable box) l)atc of convcyancc Date of contract Dual Towns: [] hnt~roved V an ta. t I00 II I /AI I Address Village Town 4255 Aldrich St. Mattftuck Southold Condition of conveyance (check all that apply) a. - Conveyance of fee interest b - Acquisition of a controlling interest (state percentage acquired c. - Transfer of a controlling interest (state percentage transferred d. - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest f.- Conveyance which consists of a mere change of identity or form of ownership or %) organization g.- Conveyance for which credit (or tax %) previously paid will be claimed h.- Conveyance of cooperative apartment(s) i, - Syndication j - Conveyance of air rights or development rights k. - Contract assignment I. - Option assignment or surrender m. - Leasehold assignment or surrender n.- Leasehold grant o.- Conveyance of an easement p.- Conveyance for which exemption is claimed (complete Schedule B. Part 11) q.- Conveyance of property partly within an parlly without the slate r.- Other (describe) Schedule B - Community Preservation Fund Part 1 - Computation of Tax Due 1. Enter amount of consideration for the conveyance (from line I TP584 Schedule B) I !1 NO~e I~I Nolte 2. Allowance(see below) 3, Taxable consideration (subtract line2 from line 1) [TI Nolte 4. 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK I 41 Nolte 5. Property not subject to CPF Tax (See ScheduleC) U~ For recording oflicer's use Amount received ]D~te received Transaction number Allowance: East Hampton Shelter Island Southampton $250,000.00 Improved $250,000.00 Improved $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) 12~2t3 ~ Schedule C (continued)-- l~ Part 11- Explanalion of Exemption Claimed in Part I, line 1 (check any boxes glat apply ) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their inslrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation creeled pursuaul to agreement or compact with another state or Canada) b, Conveyance is to secure a debt or ether obligation c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance d. Conveyance of real property is without considerafion and not in connection with a sale, including conveyances conveying realty as bona fide gifts e. Conveyance is given in connection wilh a tax sale f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real propeMy comprising the cooperative dwelling or dwellings.) . . ...... g. Conveyance consists of deed of parfifion h. Conveyance is 0iven pursuant to the federal bankruptcy act i. Conveyance consists of the execution of a contract lo sell real properly without tile use or occupancy of such properly or the granting of an option to purchase real properly without the use or occupancy of such properly j. Conveyance or real properly which is subject to restrictions which prohibit the use of lhe entire properly for any purposes except agriculture, recreation or conse~ation, pursuant to Section 1449-ee (2) ~) or (k) of Adicle 31-D of the Tax Law. (See required Town approval, below). ' ........ k. Conveyance of real property for open space, parks, or historic prese~ation purposes to any not-for-profit tax exempt corporation operated for conse~ation, environmental, or historic prese~ation purposes. - . ~ L Other list explanations in space below (Grandfather/Contract) · m. The conveyance is approved for an exemption from the Community Prese~ation Transfer Tax, under Section 1449-ee of AHicle 31-D of the Tax law. (See j in Schedule C) Town Attor0ey or other designated official [51 [] Penalties and Interest Penalties Any grantor or grantee failing to file a return or to pay any tax within the time required shall be subject to a penalty of 10% of the amount of tax due plus an inlerest penalty of 2% of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Interest Daily compounded interest will be charged on the amount of the tax due not paid within the time required. * *** * By signing the following, the buyer and seller further represent and attest to the fact that for property lying within Southold Town, a wflidly executed contract was in effect prior to March 1, 1999 and that for all other towns subject at the CPF tax, a validly executed contract was in effect prior to April 1, 1999. Seller Buyer Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedule or aftachment, is to the best of his/her knowledge, true and complete, Granlor Granlee ROBERT C. ROTHBERG GARRETT DeGRAFF Grantor Grantee CHEDULE A Grantors: DeGRAFF, GARRETT DeGRAFF, MARGARET residing at: 163 Eton Place West Hempstead, New York 11552 Social Security ROTHBERG, ROBERT C. PALMIERI, CAROL A. residing at: 55 west Hartsdale Avenue, Unit H Hartsdale, New York 10530 FOR COUNTY USE ONLY (:1. SWlS Code .................. ~)LEASE TYPE OR PRESS FIRMLY WREN WRITING ON FORM INSTRUCTION~http://www.grps.sta. te.ny.us or PHONEi~ii~18)473-7222 REAL PROPERTY TRANSFER REPORT C2. Date Deed Recorded Month '/ Day / Year I STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 I C4. Page I I I I I C3. Book I I I PROPERTY INFORMATION 1. Property '~ 4255 LocationI STREET NUMBER I Aldrich St. I I Southold I Mattituck I 11952 I CI~ OR TOWN VILLAGE Z~P CODE 2. Buyer I DeGRAFF I GARRETT Name LAST NAME / COMPANY FIRST NAME I DeGRAFF I MARGARET 3. Tax Indicate where future Tax Bills are to be sent Billingif other than buyer address (at bottom of form)I I I ST*EBT.UMaE. ANDST.EET.^.E I C,~ORrOW. l Sr~TE I ~,.CODE 4. Indicate the number of Assessment ~ (Only if Pa~ of a Parcel) Ch~k as they apply: Roll parcels transferred on the deed I t ~ of Parcels OR~ ~ Part of a Parce~ 4A. Planning Board with Subdivision Authority Exists 5. Deed 4B. Subdivision Approval was Required for Transfer Prope.yI IX[ JoRL , , 1 , 0,10 I 4C. Parcel Approved for Subdivision with Map Provided DeG~FF GARRETT 6. Seller I DeG~FF I ~RGARET ~.m~ ROTHBERG ROBERT C. ~ PALMIERI ~ CAROL A. 7. Check the box below which most accurately describes the use of the property at the time of sale: 2 or 3 Family Residential ~ Commercial Industrial Residential Vacant Land Apartment Public Service Non*Residential Vacant Land Entertainment / Amusement Forest ISALE INFORMATION I 11. Sale Contract Date I / N/A / I Month Day Year 12. Date of Sale / Transfer I 4 / 7 /00 I Month Day Year 13. Full Sale Price I I I t I I I I I 0 , 0 , 0 I (Full Sale Price is the total amount paid for the property including personal property. This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.) Please round to the nearest whole dollar amount. 14. indicate the value of personal I , i i i i i 0 [ 0 i 0 I property included in the sale ~ ~ · I ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll from I 9 ~ I 17. Total Assessed Value {of all parcels in transfer) I which information taken Check the boxes below as they apply: 8, Ownership Type is Condominium L~ 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District I~ 10B. Buyer received a disclosure notice indicating ~--~ that the property is in an Agricultural District 15. Check one or more of these conditions as applicable to transfer: i~Sale Between Relatives Or FOrmer Relatives ~ Sale Between Related Companies or Partners in Business One of the Buyers is also a Se~ler Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) (i~ Significant Change in Property Between Taxable Status and Sale Date Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price (Specify Belowl None 3 170 I 18. Property Class I 3, I ,1 I-I I 19. School District Name I #12 20. Tax Map Identifier(s) / Roll Identifier(s) (If more than four, at'tach sheet with additional identifier(s)) I 1000-112.00-01 . 00-012.00 I I I I I I I I CERTIFICATION I I carl/fy that all uf lite ilenls uf informathm entert~l on this fi)rul are tnie and correct (to the best uf my knowledge and belial) and I undersLand that the making of any willthl false slaleme.t uf niaterial f~ct here/il will subject me to tile provisio.s of the po.al law relative to tile making and filing of false instruments. BUYER BUYER'S ATrORNEY TOHILL ANTHONY B. 631 I 727-8383 I N EW YORK STATE ..... COPY BUYER SIGNATURE DATE Garrett DeGraf f 163 I Eton Place West Hempstead NY 11552 I I SELLER Number of pages TORRENS Set a fl, Certificate # Prior Cit. fl Deed / Mortgage Inslrumcut Page / Filing Fee llandling T1'-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Slamp Dale Initials Sub Total Deed / Mortgage Tax Stamp I: FJ~.S Recording / Filing Stamps 500 Sub Total GRAND TOTAL Real Properly Tnx Service Agency Vcrificaliou Dist. Scclion B lock )00 112.00 01.00 Satisfactions/Discharges/Releases last Properly Owners Mailing Address RECORI) & RE*I'UI~N TO: ANTHONY B. TOHILL, P.C. 12 First St., P.O. Box 1330 Riverhead, New York 11901 Morlgage Amt. I. Basic 'Fax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. 'FAX I)ual Town Dual County__ I leld for Apportiomoent __ Transfer Tax Mausion 'Fax The property covered by tiffs mortgage is or will be improved by a one or two family dwelling only. YES__or NO If NO, see appropriate tax clause ou page # oflhis instrument Commtmlty Preservation Fund Considcratiol~ Amount $ - 0 - CPF Tax Due Improved X Vacant Land TD 'FD TD DeGRAFF, DeGRAFF, ROTHBERG and PALMIERI Title Company lnfor~nation Co. Name Tille Il Suffolk County Recording & Endorsement Page 'lifts page Corers part of thc attached Deed (SPECIFY TYPE OF INSTRUMENq') 'lhe premises herein is situated in ROTHBERG & PALMIERIsuFFOLKCOUNrl~Y, NEWYORK. TO In the 'l'omtship o£ Souehold In thc VILLAGE or IIAMLET of Mattituck made by: BOXES 5 TI IRU 9 Mt IST Bli 'FYI l!l) OR I RINHil ) IN BLACK INK ONI,Y I'I~,IOR TO RI:,COI~,I)IN(i OR FILING. (OVER) Dear Taxpayer, Your satisfaction of mortgage has beeu filed in my office and I am enclosing the original copy for your records. If a portion of your monthly nrortgagc paynrcnt included yonr property taxes, t.Z~.Lwill now need to contact your local Town Tax l~,ccciver so that you may_ be billed_directly fi~r all 't turc pL'o~erty tax bills. Local property taxes are payable twice a year: on or bel'orc January 10"' and on or belbre May 31st. Failure to make payments in a timely faslfion could result iu a pcaalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise lligbway North Lindenhurst, N.Y. 11757 (516) 957-3004 Brookhaven Town Receiver oF Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 East Hampton Town Receiver of'Faxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Huntington Town Receiver o f Taxes 100 Main Street lluntington, N.Y. 11743 (516) 351-3217 lslip Town Receiver of Taxes 40 Nassau Avenue lslip, N.Y. 11751 (516) 224-5580 Riverhcad Town Receiver of Taxes 200 l lowell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Shelter Island Town Receiver ol'Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 Smitbtown Town Receiver of Taxes 99 West Main Street Smitbtown, N.Y. 11787 (516) 360-7610 Southampton Town Receiver of Taxes 116 llampton P, oad Southampton, N.Y. 11968 (516) 283-6514 Southold Town Receiver of Taxes 53095 Main Road Soutbold, N.Y. 11971 (516) 765-1803 Sincerely, Edward P. Romaine Suflblk County Clerk aw 2/99 Porn, 8002 (9/99)- 20M Oin and Sale Deed, with C.ovenants a~gai,,st Grantor's Odividual or Corporation. (single she¢l) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT- THIS INSTRUMENT SHOULD BE USED aY LAWYERS ONLY THIS INDENTURE, made the BETWEEN 7th day0f April . 2000 GARRETT DeGRAFF and MARGARET DeGRAFF, residing at 163 Eton Place, West Hempstead, New York 11552, and ROBERT C. ROTHBERG and CAROL A. PALMIERI, residing at 55 West Hartsdale Avenue, Unit H, Hartsdale, New York 10530 partyofthefirstpart, and ROBERT C. ROTHBERG and CAROL A. PALMIERI, 55 West Hartsdale Avenue, Unit H, Hartsdale, New York 10530 residing at party of the second part, WITNESSETH, that the party of the first part, in considemlion of len dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto tile party of the second part, the heirs or successors and assigns of the party of tile second part forever, ALL that certain plot, piece or parcel of land situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York bounde and described as follows: BEGINNING at a point at the southwest corner of the subject premises and th southeast corner of other premises now of Rothberg, Palmieri and DeGraff, which said point is the south boundary of a 25 foot right of way, which sai right of way extends 3,912.28 feet north from the north side of Sound Avenu and which said point is 230.5 feet east from the northwest corner of lands now or formerly of John Koroleski; RUNNING THENCE North 20 degrees 41 minutes 00 seconds West 881.59 feet to the Long Island Sound; RUNNING THENCE on a tie line along the apparent high water mark North 67 degrees 08 minutes 33 seconds East 50.03 feet to a point; RUNNING THENCE South 20 degrees 41 minutes 00 seconds East 884.20 feet to a point marked by a concrete monument and the northerly side of land now or formerly of John Koroleski; RUNNING THENCE South 70 degrees 08 minutes 00 seconds West 50 feet to the point or place of BEGINNING. Said premises constitute the easterly half of SCTM 1000-112-01-12 and are depicted on a certain survey of Joseph A. Ingegno, land surveyor, dated March 15, 2000 entitled Lot Line Modification. Being and intended to be part of the same premises conveyed to the parties of the first part by deed dated Decea~ber 27, 1999 recorded January 11, 2000 in Liber 12012 page 909 at the Suffolk County Clerk's office. SCTM 1000-112.00-01.00 part of 012.000 TOGETHER with all fight, title and interest, if auy, of the party of lhe first part, in and to any streets and roads abutting the above-described premises to the cenler lines thereof; TOQ~;FHER with the appurtenances and all the estate and fights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the prenfises herein granted unto the party of the second part, the heirs or successors and assigns of the part3, 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 beeu encumbered 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 conveyauce mid will hold the right to receive such consider- ation as a trust fund to be applied flint 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 WlTNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. !?! PRE£E,X!CE OF: GARRETF DeGRAFF MARGARET DeGRAFF ROBERT C. ROTHBERG CAROL A. PALMIERI Acknowledgement taken in #ew York ,~ State of New York, County of Suffolk , ss: Onthe 7th dayof April ,intheyear 2000 before me, the undersigned, personally appeared GARRETT DeGRAFF, MARGARET DeGRAFF, ROBERT C. ROTHBERG and CAROL ANN PALMIERI personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities and that by their signatures on the instrument, the individuals or the person upon behalf of which the individual acted, executed the instrument, Notary Public Acknowledgement by Subsoribing Witness taken in New York State State of New York. County of Acknowledgement t in New York State State of New York, County of On the day of , in the year the undersigned, personally appeared , before me, On the day of ,in the year the undersigned, personally appeared , before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ....... ~1~¥ 0. IOHILL .'IA IY PUBLIC, State of New York No. 02T09350510 I lualified in Suffolk County Comn ission Expires Sept. 30, , ~,00 4) Acknowledgement taken outside New York State * State of County of ss: * (or insert District of Co umb a, Terr tory, Possession or Foreign Country) On the day of , in the year the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that he/she/they reside(s) in that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. Bargain and Sale Deed Title No.: DeGRAFF, DeGRAFF, ROSENBERG and PALMIERI TO ROTHBERG and PALMIERI ,be~re me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Distributed by Chicago Title Insurance Company SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: Zip No. uJ P-5§4 New York Stale Depsdmenl of i'axalion and Finance Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate Recording Office lime Stamp ;ee instructions (TP-584-1~ before completin~l this form. Please print or t~pe. ;chedule A -- Inlo~ina;~on Relating to Conveyance Grantor Individual Corporation Partnership Other Grantee Individual Corporation Partnership Other Name (if individual;/asr, first, middle initial) SEE ATTACHED SCHEDULE A Mailing address City Stale Name ~r individual; last, r#sl. middle initial) ROTHBERG, ROBERT C. and PALMIERI, CAROL A. Mailing address 55 West Hartsdale Avenue, Unit H ZIP code State ZiP code CitYHar t sdale NY 10530 Social Security Number I I Social Security Number I I Federal e,,q~we~ Ide~t. number I Social Security Nu,,~be~ Social Security Nu.,b~ Federal ~,;~;oy~ ident, number I ocalion and description ol property conveyed Tax map desi~ nation Address CityNilla~e Town Count~ Section Block Lot 112. ~1. 001 012. 4255 Aldrich St. Mattituck Southold Suffolk 00 000 lype of property conveyed (check applicable box) i [] I - 3 family house 5 [] Commercial/Industrial -, [] Residenlial cooperative 6 [] Apartment building Date of conveyance ~ [] Residential condominium 7 [] Ollice building [ ~ [~ Vacant land 8 [] Other d~ [ 7 ] 00 Percentage of real property conveyed which is residential real property 100 % (see Instcuctlons) .Condition of conveyance (check all that apply) ~. x._ Conveyance of fee interest ,. - Acquisition ol a controlling interest (state percentage acquired - Transfer of a conlrolling interest (state percentage translerred. - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in lieu of foreclosure or enforcement of security Interest (attach Form TP.584. f, Schedule E) %) f. _ Conveyance which consists of a mere change of identity or form of ownership or organization (at/ach F~,'m TP-584.1, Schedule F) g. - Conveyance for which credit Ior tax previously paid will be claimed (at/ach Form TP.584. f, Schedule G) h. - Conveyance of cooperative aparlment(s) _ Syndication J. - Conveyance ol air rights or development righls k. - Contract assignment I. - Option assignment or surrender m. - Leasehold assignment or surrender n. _ Leasehold granl o. _ Conveyance of an easement p. _ Conveyance lot which exemption from transfer lax is claimed (complete Schedule B, Part Ill) q. _ Conveyance of property partly within and partly without the state r. - Other (daccr~e) Schedule B -- Real Estate Transfer Tax Return (Article 31 of the Tax Law) 5 Amount of ct.edit claimed (see instructions and attach Form TP-584.1, Schedule G) .................................... 6 Total tax due (subtract line 5 from line 4) .......................................................................... None 1 2 I None 3 None 4 None 5 { None 6 None Part I - Computation of Tax Due I Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption claimed box, enter consideretion and proceed to Part lll) ................................. r"-'lExemptlon claimed 2 Continuing lien deduction (see instructions itproperty is taken subject to mortgage or lien) ............................. 3 Taxable consideration (subtract line 2 from line 1) .................................................................. 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ..................................... Part U - Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More I En er amount of consideration for conveyance (from Part f, line 1} .............................................. ~ 2 Taxable consideralion (multiply line 1 by the percentage of the premises which is residential real property; see instructions) ...... 3 Total additional transfer tax due* fi% of line2) ................................................................... *Please make check(s) payable to the county clerk where the recording is to take place or if lhe recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If no recording is required, send this return and your check(s) made payable 1o the Department of Taxation and Finance, directly fo the NYS Tax Department, I I I t:3-Transfer Tax, PO Box 5045, Albany NY 12205-5045. For recording officer's use Amount I Dale received I Transaction number Ireceved Part I $ Part II $ -584 i lOiBb) ~backI :hedule B -- (continued) ~ rt I1[! - Explanation of Exemption Claimed in 1 (check any boxes that apply) : conveyance of real properly is exempt from the real estate transfer tax for the following reason: Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ...................................................................................... a Conveyance is to secure a debt or other obligation .......................................................................... b Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ................ c Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ..................................................................................................... d Conveyance is given in connection with a tax sale ........................................................................... e Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F ....................................... f Conveyance consists of deed of partition .................................................................................... g Conveyance is given pursuant to the federal bankruptcy act ................................................................. h Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property .......................... I Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1-, 2-, or 3-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment ....................................................................................................... J Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents supporting such c/aim) ......................................................................................................... k Other (attach explanation) .............................................................................. i [] [] [] hedule C -- Credit Line Mortaacle Certificate (Article 11 of the Tax Law) replete the following only If the Interest being transferred Is a fee simple interest. re) certify that: (check the appropriate box) The real property being sold or transferred is not subject to an outstanding credit line mortgage. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: [] The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest In the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court. [] The maximum principal amount secured by the credit line morlgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation). [] The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert l/bar and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New · York City, make check payable to the NYC Department of Finance.) _(inature (both the grantor(s) and grantee(s) must sign). ,e undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, true d complete. Grantor Title Grantee Garrett DeGraff Robert C. Rothberg ;mlnder: Did you complete all of the required Information In Schedules A and B? Were you required to complete Schedule C? If you checked e, ,r g In Schedule A, did you complete TP-584.17 Have you all;tched your check(s) made payable to the county clerk where recording will take ~-ce or, If the recording Is In New York City, fo the NYC Department of Finance? If no recording Is required, send your check(e), made payable to c Department of Taxation end Finance, directly to the NYS Tax Department, TTTB-Transfer Tax, PO Box 5045, Albany NY 12205-5045. SCHEDULE A Grantors: DeGRAFF, GARRETT DeGKAFF, MARGARET 163 Eton Place West Hempstead, New York 11552 Social Security # ROTHBERG, ROBERT C. PALMIERI, CAROL A. residing at: 55 West Hartsdale Avenue, Unit H Hartsdale, New York 10530 econic Bay Region Community Preservation Fund East Hampton 03 Riverhead06 Shelter Island 07 Southampton 09 Southold 10 Please print or type. Schedule A Information Relati~-q~6-~'liV~'yance [] tndividual [] Corporation [] Partnership [] Other Granlee [] Individual [] Corporalion [] Padnership [] Other Name (individual; last, first, middle initial) SEE SCHEDULE A ATTACHED Mailing address City State ZtP code Name (individual; last, first, middle initial) ROTHBERG, ROBERT C. and PALMIERI, CAROL A. Mailing address 55 West Hartsdale Avenue, Unit H City Slate Z~P code Hartsdale NY 10530 Location and description of properly conveyed Social Securily Number Social Security Number Federal employer idenl, number Soci~ Security Number ~oc a Secur ly Number Tax map designation Dist Section Block 1000 112. 01. 00 Address Village Town 4255 Aldrich St. Mattituck Southold Lol ~/o 012. 000 Type of properly conveyed (check applicable box I)atc af convcyancc Dale of conlract Dual Towns: [] hnprovcd Condition of conveyance (check all that apply) X a. - Conveyance of fee interest b. - Acquisition of a controlling interest (state percentage acquired c. - Transfer of a controlling interest (state percentage Iransferred d. - Conveyance lo cooperative housing corporation e. - Conveyance pursuant to or in lieu of foreclosure or enforcemenl et security inlerest f.- Conveyance which consisls of a mere change of identily or form of ownership or %) organization g.- Conveyance for which credil (or lax %) previously paid will be claimed h.- Conveyance of cooperative apadmenl(s) i. - Syndication j - Conveyance of air rigMs or development rights k. - Contract assignmenl I. - Option assignment or surrender m. - Leasehold assignment or surrender n,- Leasehold grant o,- Conveyance off an easement p,- Conveyance for which exemption is claimed (complete Schedule B. Pad 11) q.- Conveyance et properly partly within and partly wRhout the slate r.- Other (describe) Schedule B - Community Preservation Fund Part I - Compulation of Tax Due 1. Enter amount of consideration for the cooveyance (from line 1 TP504 Schedule B) 2, Allowance(see below) 3, Taxable consideralion (subtract line 2 from line 1) 4. 2% CommunRy Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK 5 Property not subject lo CPF Tax (See ScheduleC) None None None For recording officer's use Amounl received Date received Transaction number Allowance: East Hampton Shelter Island Southampton $250,000.00 Improved $250,000.00 Improved $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Schedule C (continued) Part 11 - Explanafion of Exempfion Cia I, line 1 (check any boxes thai apply ) The conveyance of real properly is exempt from the real estale transfer lax for the Iollowing reason: a. Conveyance is to the Uniled Nafions, the Uniled States of America, Ihe stale of New York or any of Iheir inslrumentalifies, agencies or political subdivisions (or any public corporalion, including a public coq:,orafion crealed pursuanl to agreemenl or compact wilh another state or Canada) b. Conveyance is Io secure a debt or other obligation c. Conveyance is wilhoul additional consideralion 1o confirm, correcl, modify or sopplement a prior conveyance d. Conveyance of real properly is wilhoul considerafioo and nol in connecfion wilh a sale, including conveyances conveying really as bona fide gills e. Conveyance is given in connecfion wilh a lax sale f. Conveyance is a mere change of idenfify or form of owoership or organization where Ihere is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real properly comprising the cooperative dwelling or dwelliogs.) ......... g. Conveyance consists of deed of parlilion h. Conveyance is given pursuant lo lhe federal bankruplcy act i. Conveyance consists of the execution of a conlract to sell real property withoul the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such properly j. Conveyance or real properly which is subject to restrictions which prohibit the Gsa of the entire properly for any purposes except agricullure, recreation or conservation, pursuant to Section 1449-ee (2) (j) or (k) of Adicle 31-D of the Tax Law. (See required Town approval, below). k. Conveyance of real properly for open space, parks, or historic preservation purposes to any not-for-profit tax exempt corporation operated for conservation, environmental, or historic preservafion purposes. - I. Other list explanations in space below (Grandfalher/Contracl) re.The conveyance is approved for an exemption from the Communily Preservation Transfer Tax, under Section 1449-ee of Adicle 31-D of the Tax law. (See j in Schedule C) Town Atlomey or olher designated official Penalties and Interest Penalties Any grantor or grantee failing to file a relurn or lo pay any lax within the time required shall be subject lo a penalty of 10% of the amount of tax due plus an inleresl penally of 2% of such amount for each monlh of delay or fraction Ihereof after the expiration of the first month after soch return was required to be filed or Ihe tax became due. However, lhe inleresl penalty shall nol exceed 25% in the aggregate. Interest Daily compounded interesl will be charged on the amounl of the tax due not paid within the lime required. ***** By signing tile following, tile buyer and seller forthcr reprcscut aud attest to tile fact that for properly lying within Southold Town, a wdidly executed contract was in effect prior to March 1, 1999 and that for all other towus subject at the CPI: tax, a validly executed contract was in effect prior to April 1, 1999. Seller Buyer Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above relum, including any cedificafion, schedule or allachment, is to the best Gl his/her knowledge, Irue and complete. Grantor Grantee Oarrett DeGraff Robert C. Rothberg Grastor Granlee CHEDULE A Grantors: DeGRAFF, GARRETT DeGRAFF, MARGARET residing at: 163 Eton Place West Hempstead, New York 11552 Social Security ROTHBERG, ROBERT C. PALMIERI, CAROL A. residing at: 55 West Hartsdale Avenue, Unit H Hartsdale, New York 10530 FOR COUNTY USE ONLY Cl. SWlS Code C2. Date Deed Recorded C3, Book I I I PROPERTY INFORMATION 1. Property 4255 PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTtO ,: http://www.orps.state.ny.us or PHON,~518) 473-7222 REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK Month / D~¥ / Year I STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 IC4. PageI= i i i Ul,.S2t7 I~, 3/'~7 Aldrich St. I STREET NAME 2. Buyer Name 3. Tax Billing Address I Southold I Mattituck I 11952 I ROTHBERG I Robert Co PALMIERI Carol A. Indicate where future Tax Bills are to be sent if other than buyer address (at bottom of form{ I I 4. Indicate the number of Assessment I I [~ {Only if Part of a Parcel) Check as they apply: Roll parcels transferred on the deed , , # of Parcels OR~ ~ Part of a Parcel 4A. Planning Board with Subdivision Authority Exists 4B. Subdivision Approval was Required for Transfer [] Deed 0 3 PropertyI I x [ l OR I , , · I 4c. ParcelApprovedfor Subdivision withMap Provided [] DeGRAFF GARRETT g. SaBer I DeGRAFF I MARGARET LAST NAME / COMPANY FIRST NAME Name MST NAME / COMPANY FIRST NAME ROTHBERG Robert C. PALMIERI I Carol A. J LAST NAME / COMPANY FIRST NAME 7. Check the box below which most accurately describes the use of the property at the time of sale: B 2 or 3 Family Residential Commercial J ~ Industrial C Residential Vacant Land Apartment KI,~ Public Service DI I Non-Residential Vacant Land Entertainment/Amusement LLI Forest Check the boxes below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District [] 10B. Buyer received a disclosure notice indicating [] that the property is in an Agricultural District SALE INFORMATION I 11. Sale Contract Date 12. Date of Sale / Transfer I /N/A / I Month Day Year I 4/ 7 / 00I Month Day Year 13. Full Sale Price I I I I I I ~ ~ 0, ~ 0 I 0 I (Full Sale Price is the total amount paid for the property including personaI property. This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.{ P/ease round to the nearest whole do#ar amount 14. Indicate the value of personal I property included in the sale ~1 ~ · ASSESSMENT INFORMATION Data should reflect the latest Finai Assessment Roll and Tax Bill 16. Year of Assessment Roll from which information taken 15, Check one or more of these conditions as applicable to transfer: iSale Between Relatives or Former Relatives  Sale Between Related Companies or Partners in Business Qne of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) Significant Change in Property Between Taxable Status and Sale Da Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price (Specify Below) None ½ ½ ,3,'1 , 7, 01 18. PropectyClass I 3, 1, ]~-I I 19. SchoolDistrictName I #12 I 20. Tax Map identifier(s) / Roll IdentiBer(s) {if more than four, a~ach sheet with additional identifier{s)) 1000-112.00-01.00-012.000 I I [ J I CERTIFICATION I I certil~ Ihat all uf the items of informatimt entered on this form are true and currect (to the lest of' my knowledge and belief) and ] understand that the making of any willful t~lse slatement of material fact hereki will subject me to the provisions of the penal law relative to the making and filing of f~lse instruments. BUYER BUYER'S A'R'ORNEY Hartsdale NY 10530 I ~ CITY OR %OWN STATE ZIP CODE SELLER TOHILL ANTHONY B. 631 I 727-8383 BU R 1GNAT RE DATE ~o~er~ C. Rothberg .5.5 I West Hartsdale Ave., Unit H Southold Town Planning Board Town Hall Southold, New York 11971 Re: Gentlemen' The April 7, 2000 Lot Line Modification for DeGraff and Rothberq/Palmieri following statements are offered for your consideration in the review of the above-mentioned lot line modification and its referral to the Suffolk County Planning Commission: (1) No grading is proposed. (2) No new roads are proposed and no changes will be made grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. in the DeGRRFF MARGARET -D eGRA/F F ~ ROBERT C. ROT~~HBE CAROL A. PALMIERI A ICATION FOR APPROVAL OF P To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southohl Town Planning Board, and represents and states as follows: 1. The applicant is the owner o{ record of the land under application. (:fl the applicant is not the oxvner of record of tbe land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be N//k Th±s ±s not a subd'iv±s'ion. Th±s 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's of[ice as follows: Liber 12012 Page 909 On Jan. 1:1~ 2000 . Liber ........................ Page ...................... On ....................... : Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distrlbutee ........................................................................ 5. The area of the land is ...2.:.0..2.4. ........ acres. 6. All taxes xvhich are liens on the land at the date hereof bare been paid ~t ............ 7.The land is encumbered by ....N.o..n?. ..................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. ad'dress ................................................................ (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ....................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liher .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ............ : ............................................ 8. There are no other encumbrances or liens against the land ltlmei~Ix ........................ 9. The land lies in the folloxving zoning use districts CR 80 10. No part of the land lies under water xvhether title water, stream, pond xvater or otherwise, ex- cept premises are a vacant lot on Long Island Sound 11. The applicant shall at his expense install all reqtfired public improvements. N/A 12. The land qfl~l~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is N/A 13. X. Vater mains will be laid by N/A aud (a) (no) charge will be made for installing said mains. 14. Electric lines and standards xvill be installed by ...N/.~ .................................. ..................................... and (a) lines. (no) charge will be made for installing said 15. Gas mains will be installed by . ...N../?: ................................................... and (a) (no) charge will be made for installing said mains. 16. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures ou the land xvhich are not located and shown on the plat. 19. Where the plat shoxvs proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are uo reserve strips at the end of the streets on said existiug maps at their conjunctions with the proposed streets. 20. In the course of these proceediugs, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and reqnired public improvements will he $....N..[,~... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. )'ears. The Performance Bond xvill be written by a licensed surety company unless otherwise showu on Schedule "F". DATE April 7, 2000 .,X~.2DOQ ~RRETT DoG~F-E (Name of Applicant) (Signature and Title) C/1A~/~T, A. PALMIERI STATE OF NEW YORK, COUNTY OF ................................. ss: On the .................. day of ............................. , 19 ....... before me personally came ........................................... to me known to be the individnal described in and who t. xccnted the foregoing instrument, and acknowledged that ............ executed the same. Notary Public .'qT..\TE OF NE\V YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came ......................... to me known, who being by me duly sworn did de- pose and say that ............ resides at No. ................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the 7th day of ApriL, in the year 2000 before me the undersigned, personally appeared GARRETT DeGRAFF and MARGARET DeGRAFF personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that the executed the same in their capacities, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANTHONY B. TOHILL NOTARYNO--o~'r ~1 'P'UBLI~ CJo~tate commission Explre~ On the 7th day of April, in the year 2000 before me the undersigned, personally appeared ROBERT C. ROTHBERG and CAROL A. PALMIERI personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that the executed the same in their capacities, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public ANTHONY B. TOHILL NOTARY PUBLIC, State of New York No. 02TO9350510 Qualiflecl in Suffo k Cou_nty..-~/,.,.,..,~ Commission Expires Sept. 30, -/_.,x ~- QUESTIONNAIRE T^ ~- . ·~ ~-~l~G BOARD Please complete, sign and return to the office of the ~lanning Board with your completed applications forms. If your answer to any of the following, questions is yes, please indicate these OR your guaranteed evidence~ survey or submi~ other appropriate 1. Ar'e there any wetland grasses on this parcel? Yes ~p (Attached is a iist.~f the wetland grasses defined by the ~pwn Code, Chapter.97, for your referencc) 2. Are there.any other premises under your ownership abuttin~ this parcel? Yes 3. Are there any building permits pending on this parcel? 4. Are. there any other applications pending concerning ~his property before.any othgr de~artment, qr agency?(Town. ~ State, County, etc. S. Is there any application pending before any other agency with regard to a different project on this parcel? 6. Was this property the subject of any prior. application to the Planning Board? 7. Does this property'have a valid certificate of occupancy, .if yes please submit a copy of same No Yes X~ No No certify that,~ho above on by the Planning Board in considering this application. ~d~~~' ,'~,~~/~ ' ' '-~pril 7, kd ~-~r~.o~.r-~, ow,~0o~ authorized agon~ statements are true and will :1~' reli-.ed 2000 ~£ ~9/_ 9~S : 'ON ×ii-; ~ ~qI~,~'~cF~ NF!O£ ~ : WO~ Attachment to questionnaire for the Planning Board STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss: On the 7th day of ApriL, in the year 2000 before me the undersigned, personally appeared GARRETT DeGRAFF and MARGARET DeGRAFF personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that the executed the same in their capacities, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss: NOTARY PUBLIC, State of New ¥~rk No. 02T09350510 Qualified n Suffolk Cou.r~yD ,~ ~ Comrnl~lsion Expires Sept. 30, ~2(C~D--L,' On the 7th day of Apri% in the year 2000 before me the undersigned, personally appeared ROBERT C. ROTHBERG and CAROL A. PALMIERI personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that the executed the same in their capacities, and that by their signatures on the instrument, the individuals or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public Ar~IHONY B. TOHILL NOTARY PUBLIC, State of New York No. 02TO9350510 Qualified in Suffolk Country Commission Expires Sept, 30, =~.Oz::~3 The Town of Soutl old,s Code of .... -' - ~ ..... ~¢nicn prohibits conflic~ts of interest On .the~rt of town of~ and e_m l~s. The - uprose of tills forum Is t~rovide information which can alert the town of ~ossib~e conflicts of interest and allow it t_ o take ~ate~r action is necessa~t~avoid name. GARRETT DeG~FF, ~RGARET DeG~FF, -- YOUR NAME: ROBERT C. ROTHBERG and CAROL A. PALMIERI Exemption from pl~t o~ official map (If "Other," name the activity.) Lo~t Line Modificatio~n YES ~ NO X Title or position of that person appropriate line A) through D) a,ld/or describe in tile space provided . parent, or child Is (check all that i~ a eorporatlon)~ corporation); OBERT . ~ '~ARRETT~ Signature~ April, MARG%[~E ~ ~e~ ~F F 2OOO Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/12/01 Transaction(s): 1 Application Fees Cash#: 217440629 Receipt#: 0 Subtotal $250.00 Total Paid: $250.00 Name: Rothberg & DeGraff, Robert & Garrett Sctm #112-I-12 UC 1' .J- 5 2001 ',:~outl~o!d Town ~'~anning Board Clerk ID: JOYCEW Internal ID: 41148 AFFIDAVIT OF POSTIN~ This is to serve notice that I personally posted the property known as by placing the Town's ~icial poster notices(s) within ~0 ~eet o~ ~he front prope~y line ~cing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place ~r seven days prior to the date ~ the public hearing on t I have sent notices, by ce~ified mail, the receipts of which arC attached, to the owners of record of evew prope~ which abu~ and eve~ prppe~y which is across from any public or private street from the above mentioned prope~y on /~- ~b- ~ I Your name (print) Signature Address Notary Public UELANIE Vo I~qOW~ PLEASE I~ETUI~N [HIS AFFIDA ~1E AND CEI~I1FIED MAll I~ECEIPES ON [HE DAY OF. 01~ Al- [HE PUBLIC HEAI~INO ~e: RothherE/DeGraff Lot Line ~h~ SCTM#: 1000-112-1-~, 12 & 13 Date of Hearing: ~o~., ~o~embe~ 5~ 2001, 6:00 UNIT ID: 0952 Clerk: Kt(V5RW 10/26/01 UNIT ID: Postmark Here Clerk: KKV5RW 1.0/26/01 o ~TTITUa(, NY 11952 =,- 0.~4 ID: rL.I Postmark Here o Clerk: ~KV5RW o 10/26/01 Street, Apt. No.,;~. O r-~ or PO Box No. [~ Cit~4 State, ZIp+4 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired· · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits· 1. Article Addressed to: (T~an.~ ?OB~' 0320 PS Form~81 1, August 2001 [] Addressee Is delivery address different from item 1 ? I~'Yes If YES, enter delivery address below: [] No 4' Service Type [] Certified Mail r-I Express Mail [] Registered [] Return Receipt for Merchandise [] insured Mail [] C,O.D. . Restricted Delivery? (Extra Fee) [] Yes BOOS 2444 0862 Domestic Return Receipt 102595-01-M-2509 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent 0 Addressee Name) C, Date of Delivery D. Is delivery 1 item 17 [] Yes If YES, enter delivery~ 3elow: [] No Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. -~xtra Fee) [] Yes 2. Article Number (Transfer from serv, 7 0 0 1 PS Form 3811, August ZUfJ1 0320 0005 2444 OS&6 Domestic Return Receipt 102595-01-M-2500 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we cae return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. · ~ Addressee Received by ( ~ Delivery Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. ~]er~ieCr~ifiT~eMail [] Express Mail [ [] Registered [] Return Receipt for Merchandise L [] Insured Mail [] C.O,D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from S~ 7 0 0 1 PS Form 3811, August 2001 0320 0005 2444 0879 Domestic Return Receipt 102595-01 .M-25~1~1 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIA-NO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 5, 2001 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 Robert Rothberg & Carol Palmieri Rothberg and J. Garrett DeGraff and Margaret B. DeGraff SCTM#: 1000-112-1-11, 12 & 13 Location: On private right-of-way, 3905' north of Sound Avenue in Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed lot line change is to subtract 44,800 sq. f. from a 90,113 sq. ft. lot, SCTM#1000-112-1-12, and add itto a 178,082 sq. ft. parcel, SCTM#1000-112-1-13, and to subtract 45,313 sq. ft. from the same 90,113 sq. ft. parcel, SCTM#1000-112-1-12 and add it to a 91,366 sq. ft. parcel, SCTM#1000-112-1- 11. 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. SEQR Negative Declaration - PaRe Two For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2001 Mr. Robert Rothberg 55 West Hartsdale Avenue Hartsdale, NY 10530 RE: Proposed Lot Line Change for Robert Rothberg & Carol Palmieri Rothberg and J. Garrett DeGraff and Margaret B. DeGraff SCTM# 1000-112-1-11, 12 & 13 Dear Mr. Rothberg: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 15, 2001: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 5, 2001 at 6:00 p.m. for a final public hearing on the maps dated August 13, 2001. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Office, Southold Town Hall. Please return the endorsed Affidavit of Posting, proof of certified mailing, and the signed green return receipts from the certified mailings on the day of the public hearing before 4:00 p.m. Please also return the sign and the post to the Planning Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, /~ Bennett Orlowski, Jr. Chairman encl. Southold Town Plannin.q Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-112-1-11, 12 & 13; 3. That the property which is the subject of this application is located in the R-80 Zoning District. That the application is for a lot line change to subtract 44,800 sq. ft. from a 90,113 sq. ft. parcel, SCTM#1000-112-1-12, and add it to a 178,082 sq. ft. parcel, SCTM#1000-112-1-13, and to subtract 45,313 sq. ft. from the same 90,113 sq. ft. parcel, SCTM#1000-112-1-12, and add it to a 91,366 sq. ft. parcel, SCTM#1000-112-1-11. The property is located on Long Island Sound, 3,905 ft. north of Sound Avenue & Aldrich Lane Extension in Mattituck. 5. That the files pertaining to this application are open for yg~ur information during normal business days between the hours of 8 a.m. and,4Cp.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938. That a public hearing will be held on the matter by the Planning Board on November 5, 2001 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. PetitionedOwner's Name(s): Robert Rothberg & Carol Palmieri Rothberg/J. Garrett & Margaret DeGraff Date: October 18, 2001 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the lown'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 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 Your name (print) Signature Address Date Notary Public PLEASE £ETLII~N THIS AFFIDAVIT AND CERTIFIED MAIL I~ECEIPT$ ON THE DAY OF. 0,~ Al' THE PUBLIC HEAl,lNG Re: Rothberg/DeG~aff Lot Line Change SCTM#: 1000-112-1-11~ 12 & 13 Date of Hearing:Mon., November 5, 2001, 6:00 p.m. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 . Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25~1995, Amendments noted where applicable.] § 58-L Providlngnotice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: ~ By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the promises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval se,~oht thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displ ~ for a period of not less than seven (7) days immediately pree~{-~ the date of the public hearing. The applicant or his/her ~oent shall ~e an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or p~vate street 5801 1-~-~ § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has comphed with this provision. 5802 R. & C. ROTHBERG/J. & M. DeGRAFF ROTHBERG/DeGRAFF LOT LINE CHANGE 1000-112-1 11, 12 & 13 Lot Line Change to split SCTM#1000-1-12 by merging it with the adjoining lots, SCTM#1000-1-11 & 13, to either side. MON. - NOVEMBER 5, 2001 - 6:00 P.M. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATI-IAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 5th day of November, 2001 on the question of the following: 6:00 P.M. Public Hearing for the proposed lot line change for Rothberg/DeGraff. The property is located on Long Island Sound, 3,905 ft. north of Sound Avenue & Aldrich Lane Extension in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-112-1-11, 12 & 13. 6:05 P.M. Public Hearing for the proposed site plan for Paul Corazzini. The property is located on the southwest corner of Main Road & Albertson Lane in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 52-5-58.2. Dated: 10/18/01 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 25, 2001 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Suffolk Times P.O. Box 1179 53095 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 E-Mail: planning@southold.org To: Christina Weber, The Suffolk From: Valede Scopaz/Carol Times Fmc Pages: 2 Phone: Date: 10/18/01 Re: Legal Ad for 10/25/01 Edition cc: Urgent For Review Please Comment Please Reply As Requested Please print the following legal ad in the October 25th Edition. Thanks. 6:00 p.m. Rothberg/DeGraff Lot Line Change 6:05 p.m. Paul Corazzini Site Plan PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLL~M J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 5th day of November, 2001 on the question of the following: 6:00 P.M. Public Hearing for the proposed lot line change for Rothberg/DeGraff. The property is located on Long Island Sound, 3,905 ft. north of Sound Avenue & Aldrich Lane Extension in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-112-1-11, 12 & 13. 6:05 P.M. Public Hearing for the proposed site plan for Paul Corazzini. The property is located on the southwest corner of Main Road & Albertson Lane in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 52-5-58.2. Dated: 10/18/01 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 'lSth day of October, 2001 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. 1115101 Regular Meeting: 6:00 p.m. Public Hearing for the Lot Line Change of Rothberg/DeGraff SCTM#1000-112-1-11, 12 & 13 6:05 p.m. Public Hearing for the Site Plan of Paul Corazzini SCTM#1000-52-5-58.2 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this of Notary Public HELENE D. HORNE Notary Public, State of New Yo~k NO. 4951364 Ouel~fied in Suffolk County.~ Commisaion Expires MBy 22~ ~ STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) · ..,~r'O,~2,4/ ¢~¢W-v/-- of Mattituck, in said county, being duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- #shed at Mattituck, in the Town of Southotd, County of Suffolk and State of New York, and that the NolJce of which the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for /' weeks successively, commencing on the ~' .C' day of 200___/__ ANNE H. OLSEN Notary Public, State of New York No. 01OL4843000 Qualified in Suffolk Countg~..~ Subi~tLssion Without a Cover Letter Subject: SCT_~I#: 1000- Comments: SEP ~ 7 21}01 PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO %B~:FOL~c~ Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 18, 2000 Anthony Tohill, P.C. Attorneys at Law 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 RE: Lot Line Change for DeGraffs/Rothberg & Palmieri North of Alrich Lane Extension, Mattituck SCTMI 1000-112-1-11, 12 & 13 Zone: Low Density Residential (R-80) Dear Mr. Tohill, The Planning Board has received your letter of April 17, 2000, regarding the lot line change for DeGraffs/Rothberg & Palmieri. The changes/additions indicated on the enclosed form must be made on the map before the Board can proceed with its review. The scale of the map must be 1"=100'. If you have any questions, or require further assistance, please contact this office. k-~o~rrt IG. Kassner Site Plan Reviewer Encl. The following items lot-line change: LOT-LINE CHANGE are to be shown on the survey for a ( ) Key map. ( ) District, section, block and lot number from tax map, sc / and north arrow. ( Name of subdivision map, if lot is part of a filed subdivision. Also, show the liber and page number of fil ?.~ map. Name and address of the owners of record. ( ) Name and address of the person preparing the map (certif engineer,land surveyor, architect.) including original s~ ,/and signature. (F) Property descriptions, dimensions, bearings, square footage of the properties being changed, square footage the land being transfered. The existing and proposed surveyed boundary lines of both properties must be shown . one piece of paper. ( ~/ Areas subject to flooding, including wetlands. (~) .Existing buildings and site improvements, (i.e. fences, /hedges). v; Indicate the existinq lot line (dotted line) with the bearings and distanc~ and the pr6posed lot line (sol___~d l~q.~) with the new bearing and distance. ) Location and name of existing streets or adjacent to the property. ) Existing spot grades. The following information is to be application for a lot-line change: right-of-ways submitted with the ) ~W~itten and signed letter, notorized, by owners of properties in question approving of the change and reason for the change. ) Affidavit that Upon approval the property will be merged. ) Any existing covenants applying to either of the properties. ) Form letter regarding drainage, roads and grading, see attached. ' ) Short Environmental Assessment form, Part I, see attached ) Application, three pages, last page notorized, see attach~ ) Two-Hundred Fifty ($250.00) dollars filing fee. ) Questionnaire. ) Eight copies of the survey* * Each of which must bear the original seal and signature of tk surveyor or engineer who prepared the survey. (Photostatic copies are not acceptable.) Additional coDies may be requested by the Planning Board, if needed. Amended April 1995 ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY IB. TOHILL P.O. BOX 1330 TELEPHONE: (63 [) 727-8383 MICHAELT, CLIFFORD RXVERHE~D, NEW YOI~K I1901-090~3 OF COUNSEL ~' ~PIt 10 2~1~111 ~pr±l 7, 2000 Southold Planning Board Mr. Robert G. Kassner Planning Board, Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Lot Line Change - SCTM 1000-112-01-12 Dear Mr. Kassner: With respect the matter in caption, please find the following: 1. signed and notarized letter from applicant owners explaining the lot line change; executed declaration in recordable form compelling 2o the merger; 3. deeds transferring one-half of the subject tax lot 12 to DeGraffs and one-half to Rothberg/Palmieri together with TP-584'S, equalization statements, 2% returns and cover sheets; 4. drainage cover letter; 5. EAF; 6. application executed and notarized; 7. check for $250.00; 8. completed questionnaire; Mr. Robert G. April 7, 2000 Page 2 Kassner 9. transactional disclosure form; and 10. eight copies of Ingegno survey. To the extent that the applicants are seeking to extinguish a building lot which was the subject of an obnoxious application before the Zoning Board of Appeals, I request that the municipality respond appropriately by cooperating with the property owners on this application. I have simultaneously submitted an application to the DEC. With respect that application, I met some weeks ago with Chuck Hamilton who endorsed and approved the application. Unfortunately, the application must be processed through Regulatory Affairs who will probably find ten ways to frustrate the property owners in their efforts to extinguish a waterfront building parcel. kBT/bb Very truly yours, Anthony B. Tohill C: ~My Documents~LTRSBB\PlanningBoard Southold-Rothberg-DeGraff .doc NOTES: 1. APR 10 2000 Southo[d Tow~ LOTLINE MODIFICATION $ITUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-112-01-12 SCALE 1"=30' / / / MARCH MARCH 2, 1999 15, 2000 LOT LINE MODIFICATION LOT AREA DATA (~o T~£ UN£) PARCEL 1 44,009.75 sq. ft. 1.010 PARCEL 2 44,140.28 sq. ff. 1.015 oc. TOTAL 88,150.03 sq. ff. 2.024 oc. ',% 1 / / / I / / / / ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: --- / / / / / / SUBJECT PREMISES SOUND AVENUE KEY MAP "600' SCALE 1 = · qo¢¢ OF ,,¢.[ 6.¢'"¢s N.Y.S, Uc, No, 49868 Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 20-128 ~o~o LOCATION MAP SCALE 1"=1000' N N S ' SEP 2 ? 211111 Planning Board Young & Young, I ·nd Surveyors zead, New York 11901 .s (~908-,B94) AREAS ,I ~ · ROBERT C, ROTHBERG & CAROL PALMIERI 178,082 Sq. Ft + 44800 Sq. = 222882 Sq. Ft. II · J. GARRETT BEGRAFF & MARGAREt B. DEGRAFF 915§6 Sq, Ft + 45S15 Sq. FE = 1S6679 Sq, FE \he ROBERT C ROTHBERG, CAROL A ~ALMIERI GARRETT BEGRAFF, & MARGARET DEGRAFF 90113 Sq Ft. - 44800 Sq, Ft !45515 Sq, Ft. = D Sq. Ft. J REPUTED O~NERS ROBERT C. ROTBBERG & CAROL A, PALMJERI 55 WEST HARTSDALE AVE. AP~. H HARTSDALB, NY 10530 J GARRETT DEGRAPF & MARGARET B. DECRAFF 163 ETON PLACE WEST HEMPSTEAB NY 11552 ROBERT C. ROTHBERG CAROL A PALMIERI, GARRETT DEGRAFF, & i,~"MARGARET DEGRAFF SURVEYOR'S CErtIFICATION THIS MAP WAS PREPARED UTILIZIr~¢; SURVEYS d. GARREl~ DEGRAFF & MARGARET R. BEGRAFP DATED MARCH 15, 1985, ROBERT ROTHBERG A CAROL PALMIERI ROTHBERG DATED dULY 1997 MADE BY US, & LOT LiNE MODIfiCATION SURVEY PREPAREB FOR TAX MAP NO. 1000 112-1-12 ~'¢ JOSEPH, MARCH 15, 2000, HOWARD W. YOUNG, N,Y,S, L.S. NO, MAP PREPAREp FOR ROBERT ROTHBERG &: CAROL PALMIERi] ROTHBERG At Mattituck, Town Suffolk County, 1000 1000 County Tax Map ~i,~i~ 1000 s~ BOUNDARY ALTEI MAP PREPARED of Southold lew York 112 01 11 11 201 12 112 ~,o~ 01Lo~ 15 :ATION MAP AUG. 15, 2001 BA SCALE 1" = 100' JOB NO. 2001-0280 DWO 2001_0280