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Home My WebLink About1000-142.-1-7 ,_..;:......,,'''.;.,....;..;:':~. ,,,",-_,.<;:':,:~:,:;'~tt.,:,~,~;.7J'T~,-~~':;."%::~"~.~;'~.~',:, J' ~' It"~''', ....., 'i:'~'""""'',.~~.~~",~:'~i':'''' _.. ~r.;;";:~,.-:,;'~,,,'_;~~>', .~~;"",,;~,,,,;~'~i(~\.~~~_', \It:'" Q)I~ . 1'0 'l) i. -t. 1 "" 'I ,L__ f IN. 8. COr-Uf/'H ~ -19 ;Z: -- N. 73'49'40"1!. /41.3& ,. .,1-', ,'"J/a.:;/L,op -~-=?;-~-I , I : I .:l~,'41T8 ,J' L-T~- t ~ :(: - ,. -.. - , 'J 11 . .... I b ~ I - (). I " N !l' ., I .... \:) C) \ . ! u ~I F:; ~ \ -----'-i . r:u.'d k __ J i I 1 I I L, r.J I I L____-.J Zl;:. -~ $ f~1. .ft" hc. " '\.. :> \'.1 fA ~ 9$1.5' Stlll. -,. h, I \\"-1 "'\-(:'1 t'~ IdX p'7T'c~1 7 '1- ~ l\ . .... --. !>- I (C) N. 73 '49'-10 "J;, eX/.5nni Z26<> ! i '4-/.ZS I'll, Z7 ",. - '---- I , ---'- 1 //""6 S g---.t.t \ ' .. , -, <N . l)j I '----'~ N, "/3 -49 '-40"/::'. . "---------.-----. ____u -- ----. ----l-.,---T'- I'J'o/,o.sed //:.;~ I I j ~.- , '.., ~~ ~ 0;::: U1 ~ <: III lax p&l"c.g/ 6 _ r-.---! I 1 ,--J ~ L, .J 7690 ~". ft: 'J' I ;Z- 051"'1'. ~ ~l, ~r 5~~ [5---i ~:/~f~J ------------ 1-11.&3 . .-.,,-- r. .s '//' . , 6; .I ,....J~',ec;i l.uli'I'I~10tl F'--"- ":.;',"'~-','< ~V""';4_, -1" 'i---_J I rrn. ~------ -, -b ,.-<"LII~ " .--~ ~!4 et'<f'll';s....1~iff~ ~- _ ':::.~ 1"1- ) ~ '1\,.), ! I: ,,0 /1 l"ri~ _r --~rt. / ( I' ~', I.~." / I t \ 1-: -<;'" 1c:.6:Y MAP I /", -- --- -.--- '-- , ~ 6~" '",.' I " I - "' ____~_.l I , i i tv , , ~- "OAK. P'-ACE " MAP OF ______ ___ '___~' ____'u__ ,_ PQOP05ED LOT-LINE CJ.fAN6E. /VI,q OE' FalZ JOHN $ I-IELEN BEI2DINk..A AI MATT/TUelL, N. Y I. j n ~1'3"':.n ,it'..:1d ?:','),,:'<~.~.Cf p.;ni~ t t'.i~ ~"~WJ.y 13 a V.:",' ':n of ~,';-'t"l l. : L,J the New Yoi1l. StaIfil ~7"'~' c ,'~,~;,~~;'~~:'2l~;::: tl;,; b".a 'I~,-"V >r'.ltfc:opy, / ./ SCdle: 20'<:: /" 0, 0/;", . lit. .- I' , , t 'r,;;::jU:.:f-d;.~,ree,-;st. i!",!'! ~c~, ::.; wtW::l t~' ';;," ~y ,~.::; t' . lh-, ~i anrl. , I / No'/.es , . ! ' /J I. Suffolk. Clltmf'J' r4K PC,'r'CB!t>: 1000-/4;;-:'- 7/~. z. Preud4tt$ //7 RloI/id/fff ZOrt.c Ie 40. 3. (:ol7fo(.'rs 1,'Qtrf COt/17ft; (O,b/), rn " n:C'rIU..t18ni' APPROVED BY PLANt.ml.~ SOARD St.wv8yed ,July 8 ~ /99.4 rGc)d<llr/ck. Val.' r"t./~l, P. to: , /2. V -- -r:."-;f,~ Ltcert.:Jed 1..4rtd .5VI*IAI'ItJr,J dJ'~~l'1pq,.t', N. Y. TOW~'~ cr: S;JJTHOLD DATE FEB 12 2001 .,If ~ CA , :-.., --. " . "1', t;) .... t',' .to, :t ~ (1\ . .. . !\ I -t ~ 't\ ~. , ~ Q \ ~ .... , ;1 ,I .' i '--1 ! 'j ....... '"l ~ ~ ~ ~- lI. ~ "f' ,,>,'1 ,~ , i ! ; I J I I I I , I i I I J I - ~.. . . , PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 WlLLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . , PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2001 Daniel C. Ross, Esq. Keegan & Keegan, LLP Attorneys at Law 147 North Ocean Avenue P.O. Box 918 Patchogue, NY 11772-0918 Re: Proposed Lot Line Change for John & Helen Berdinka SCTM#1000-142-1-7 & 8 Dear Mr. Ross: The following took place at a meeting of the Southold Town Planning Board on Monday, February 12, 2001: The resolution of August 21, 2000, granting conditional final approval is withdrawn. The following resolution was adopted: WHEREAS, John and Helen Berdinka are the owners of the properties known and designated as SCTM#1000-142-1-7 & 8 located on Factory Avenue in Mattituck; and WHEREAS, this proposed lot line change is to subtract 2,260 square feet from a 9,950 square foot parcel, SCTM#1000-142-1-B, and add it to a 9,325 square foot parcel, SCTM#1000-142-1-7; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, did an uncoordinated review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on July 31, 2000; and . . Berdinka - 2/13/01 - Pace Two WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 21, 2000; 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 authorize the Chairman to endorse the final surveys dated July 8, 1994. Conditional final approval was granted on August 21, 2000. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. Very truly yours, ~~~~~.c( Bennett Orlowski, Jr. Chairman encls. cc: Tax Assessors \ . A . PLANNING BOARD MEMBli;. 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 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTH OLD August 21, 2000 Daniel C. Ross, Esq. Keegan & Keegan, LLP Attorneys at Law 147 North Ocean Avenue P.O. Box 918 Patchogue, NY 11772-0918 Re: Proposed Lot Line Change for John & Helen Berdinka SCTM#1000-142-1-7 & 8 Dear Mr. Ross: The following took place at a meeting of the Southold Town Planning Board on Monday, August 21, 2000: The final public hearing was closed. The following resolution was adopted: WHEREAS, John and Helen Berdinka are the owners of the properties known and designated as SCTM#1000-142-1-7 & 8 located on Factory Avenue in Mattituck; and WHEREAS, this proposed lot line change is to subtract 2,260 square feet from a 9,325 square foot parcel, SCTM#1000-142-1-7, and add it to a 7,690 square foot parcel, SCTM#1 000-142-1-8; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, did an uncoordinated review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on July 31, 2000; and .. . . , . Berdinka - 8/21/00 - Pace Two WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 21, 2000; 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 July 8, 1994, 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. 1. The filing of new deeds pertaining to the merger of 2,260 square feet from a 9,325 square foot parcel, SCTM#1000-142-1-7, and adding it to a 7,690 square foot parcel, SCTM#1000-142-1-8. Please contact this office if you have any questions regarding the above. Sincerely, ?dj. Bennett Or owski, Jr. J..... Chairman ~ :'~ i 00 I 't ~ ~ -.. l' I ~ \) t !' \~ ~ ~ ~ () "'- ~ .~ ~ ~ .'\J \() ~ ~ > \ ~ ~ ~ 4~.,.,. . THIS LOT LINE CHANGE BETWEEN IS LOCATED ON SCTM# 1000- . '.. AND ft1:<-(-7 Y!? IN LOT LINE CHANGE Complete application received . Application reviewed at work session ;j~ ~~ Applicant advised of necessary revisions Revised sub mission received ~~ ~~ Lead Agency Coordination SEQRA determination '7- s/- ObO 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 4 -:;./- 06 Endorsement of Lot Line \~ ms 1/1/90 ^( N'\ { -..., 'iJ'- ~ .. I . 14-16-4 (2187)-Text 12 I PROJECT 1.0. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSOR 2. PROJECT NAME hn 3. PROJECT LOCATION: Municipality Town 0 f County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1280 Factory Ave., Mattituck and adjoining lot. Two lots on east side of Factory Ave. (1000/ 142 / 1 / 7 & 8 ) SEaR 5. IS PROPOSED ACTION: o New 0 Expansion 6. DESCRIBE PROJECT BRIEFLY: ex Modificationfalteratlon Lot Line Change 7. AMOUNT OF LAND AFFECTED: Initially 19. 275 sq. f ~ Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? IOCves 0 No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? UResidentlal 0 Industrial 0 Commercial Describe: o Agriculture o Park/Forest/Open space o Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? DYes }[>> No If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTIOU HAVE A CURRENTLY VALID PERMIT OR APPROVAL? o Yes UNo If YE:f,. list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT1APPROVAL REQUIRE MODIFICATION? o Yes UNo I CE'RTlFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: SignatureS ~/J.~ 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 ASS . ENT (To be completed by Agency) . )/..r?- -; -/.1-y 1'., l\ ii-A (,> /111\ rt A. DOES ACTION ExceED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. DYes 0No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 If No, a negative declaration may be superseded by another involved agency. DYes ~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOllOWING: (Answers may be handwritten, if legible) C1. Existing air quality. surface or groundwater Quality or Quantity. noise levels, existing trafflc patterns, solid waste production or disposal, potential for erosion. drainage or flooding problems? Explain briefly: NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? explain briefly: NO C3. Vegetation or fauna, fish, shellfist\ or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NO 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 NO C5. Growth. subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. NO C6. long term, short term, cumulative, or other effects not identified in C1.C5? Explain briefly. NO C7. Other impacts (including changes in use of either Quantity or type of energy)? Explain briefly. NO O. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? o Yes ex No If Yes, explain briefly PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For e-sch adverse effect identified above, determine whether it is substantial,large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. 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. ~c eck this box if you have identified one or more potentially large or significant adverse impacts which MAY . CCUL. :rhen proceed directly to the FULL EAF andlor 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 nec ssary, the .reasons porting this etermination: I 000 ~.. '.. . . ~ s~ffUL,(..~~ Pjg~'~,I~~O~~D TO~.'N'Q~'!'~J1P~,." ~QiJ'LD >l ',~ ; ~1~. ~,",.~.: ....,... ':::'\ r_" -,...-..'_'...._~~ .. I SUFF~.OLK:-:.::cO.i]l. TY . "J! .:~~ ~\'''' ' '. Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE CO~lPLETED AND SUBl'HTTED WITH YOUR APPLICATIONS FOfu~S TOTHE PLANNING BOARD Please complete, sign and return to the Offi,ce of the 'Planning Board with your completed applications forms. If your answer to any of the fOllowing questions is ~, please indicate these on your guaranteed surveyor submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes (Attached is a list. o,f the wetland grasses defined by the ~?wn Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before any other department or agency? (Town, . State, County, etc.) 5. Is there any application pending before any other agency with regard to a different project on this parce,l? 6. Was this property the subject of any prior application to the Planning Board? Yes Yes Yes 7. Docs this property have a valid certificate ~ of occupancy, if yes please submit a copy of same ~' , I certify that,the above on by the Planning Goard ~4 fffi~~ . CJ1~gnat6reSOf property ~ ~ 6) G) G) c9 No statements are true and will be relied in Considering this app~ication. ' ~J~i9q- dat /~ )J ,'~-':'/2~ 0\" n e r sal:lcJQj:tlf~PfIlUC~~IHixOlllIJlnU~ John J. Berainka I Helen G. Berdinka ,...... . ~ . . Attachment to questionnaire for the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the _l~~day of December , 19~~ before me personall} carne John J. Berdinka to me known to be the " and acknowledged that he instrurr individual described in DANIEL C, ROSS Notary Public. State of New York No. 4907175 Qualified in Suffolk County Comrni';~iflf' Fxnirf'S ,4,!~Q, 31,,1.8-.0.1 STATE OF NEW YORK, COUNTY or SUFFOLK, ss: On the J7itll. day of _;l.~ember E99.' b"tc,.,~ 11E !:e,,,,onall: Carne Helen G. Berdinka tc me k 'leI" t: b,~ :he individual described in and :, n st:c:un and acknowledged that sh~_exe DANIEL C. ROSS Notary Public. State of New York No. 4907175 Qualified in Suffolk County :"i"....... ,......q<~!i'" FXl);res Aug. 31.1.9..a1. . "- . . . Southold Town Planning Board Town Hall Southold, New York 11971 Re: Lot Line Change for John and Helen Berd inka Gentlemen: The following statements are offered for your consideration ' lot line chang~ in the review of the above-mentioned ~~x~~~~ and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is" proposed. (2) No new roads ~re proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of eXisting structures are proposed. Jurs truly, J:::;~~~:;~~ ~tJ.~ Helen G. Berdinka ".. , '" c- .. . . . APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of South old : 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 Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land nnder application, the applicant shall state his interest in said land under application.) lot ljp~ chan~e . _ 2. The name of the amlllJ01l is to lSe .... Lot .L.l.oe . Chanqe. ti.iDr. .JAbn . J.. . AI.l9. . . . Helen G. Berdinka 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 office as follows: Liber ........................ Page On ........................ Liber ........................ Page On ........................ Liber ........................ Page On ......................., Liber ........................ Page On ........................ Liber ........................ Pag-e On ........................ as devised under the Last Wi\l and Testament of ....................................... or as distributee ........................................................................ 5. The area ofthe land is .. .1.9..27.5...... .Xiit_. square feet. 6. All taxes which are liens on the land at the date hereof have been paid. _.x. . . . . .. .. . . . 7. The land is encumbered by .. .1J.9.t ..a.PP'+,i..<;:ii.I!?J.~ .. . . .. .. . . .. .. . . . . .. .. . . . .. . . . . . . . . . . . . mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Pag-e .. . .. . . . . . . . . . . ... in original amount of $. . . .. . . . . . . ... unpaid amount $ ..... . . . . . . . . . . . . . . .. held by ...................... . . . . . . . . . . . . .. address ................................................................. (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $. . . . . . . . . . . . . . . . . . . . .. held by ...................... . . . . . . . . . . . . .. address ................. " . . (c) Mortgage recorded in Liber .............. Page................ in original amount of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ...................... . . . . . . . . . . . . . . . . . . . . .. address ......................................................... 8. There are no other encumbrances or liens against the land. ~fWC. . . . . . . . . . . . . . . . . . . . . . . . 9. The land lies in the following :zoning use districts .. R40. . . .. . . . . .... . . . . .. . . . . . . .. .. . .. . ........................................................................................ 10. No part of the land lies under water whether tide water, stream, pond water or otherwis&.~. ~ .................................................................................... II. The applicant shall at his expense install all required public improvements. 12. The land ~llYC (does not) lie in a Water District or Water Supply District. Name of Dis. trict, if ,vi thin a District, is ............................................................. 13. Water mains will be laid by . .not. .~ppli.Cil.I;>;l~..................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .Q9.t;. .C\I?p.+~.~~!:!+~ . .. .. . . .. . . . . .. . .. . lines. and (a) (no) charge will be made for installing said IS. Gas mains will be installed by .. .no.t. ,appli.cable .. .. . . . . . . .. .. . . . . . . .. . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown 011 the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule HB" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of South old Highway system, annex Schedule "e" hereto to show same. ]8. There are no existing- buildings or structures on the land which are not located and shown on the plat. 19. "V here the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing- maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the 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 r~strictions, covenants, etc. Annex Schedule uD". . . 22. The applicant estimates that the cost of grading and required public improvements will be $.......... as itemized in Schedule HEll hereto annexed and requests that the maturity of the Performance Bond be fixed at . . , . . . . . . . . . .. years. The Performance Bonn will be written by ,t-. DATE.. .Q~.C;~!l!l;>~x...... .8......, 19.~~. a licensed surety company unless otherwise shown on Schedule 'IF", ~g..~~.........._. JOHN J. BERDINKA (Applicant) A~ /~_.l~..'..............._._............ HELEN G. 'BERDINKA (Applicant) 1280 Factory Ave., Mattituck, ............................ Ny..11.952........ (Address) STATE OF NEW YORK, COUNTY OF. .SU.F.FQLK _... _.... _......... _,55: On the.....t~ ~... day of.. .l)lilC;~!l!l;>~X.. ............ _, 19~.9..., before me personally came John J. Berdinka t k b h . I"d 1 d 'b d . d h ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 me '!lawn to e t e ll1e IV1 ua escn e In an w 0 DANIEL C. ROSS Notary Public. State of New York No. 4907176 Qualified in Suffolk County CommIssum Expires Aug. 31 ;~( executed the foregoing instrument, ancl acknowledge that._ STATE OF NEW YORK, COUNTY On the .. .t3. !PJ. . . day of OF SUFFOK................., ss: December, 1999, before me personally came Helen G. Berdinka......to me known to be the individual acknowledged that she executed N described in and who executed the DANIEL C. ROSS Notary Public, State of New York No. 4907176 com~~:~~~~dEj~)~~:~~~{:?o~~n~J F WNER STREET f '!J30 VILLAGE DIST. SUB. LOT ) ~-(,'f / C! J o/-r H lie 7 ({(.. (, I'L. ~w-f .~. , (( / / ^ .- '"../ ~__ /.__r c'/ (, ".Y., , " ~ C' '. _ c ~ ORMER OWNER N &' " E ACR.~f DZ.k':' ''-'' Ho lIe,"'.....{ / q::;- S W TYPE OF BUILDING / // '". ". A .-:..:.(_; J /::...&.. 7- {If 5-// // "c( ...-' fA"> "--"" . - (,,- . ',.I - " ~. S..;/o SEAS. VL. FARM COMM. CB. MISe. Mkt, Value LAND IMP, TOTAL DATE REMARKS dou ~ ""( -? /, I:' 7,60/87- L IO~~ ,4'3c, - ~yd,;"kc, -10 P,E'.I'../,',r.. $4.000 ..- <.., '" \../ . . ~ '. ___J 3Goo .'fo 0 ?' / /~/ 7'; 1 0 <:> J.e> :??~ 4/"'0 " .$"/1" /.F r AGE BUILDING CONDITION EW NORMAL BELOW ABOVE , FARM Acre Value Per Value Acre iIIable 1 illable 2 /110.3 -.... aadland amp land FRONTAGE ON WATER ushland FRONT AGE ON ROAD ~G 'N ~ ",-, 3 7"tfj '- - ... ause Plot DEPTH BULKHEAD tal DOCK Ivnn VI" ~UU-r"OLD PROPERTY RECORD CARD 11. )f / c- (J ,I ~ / TJ'.). ~ I ~ 7 o RE N T T 1 IV 5w 1r , ~ 10 -- ~" .; ", .. M. Bldg. Extension Extension Extension Porch Po. Breezeway Garage Potio O. B. Total . ,:;:.I.::,',";'X," -,.,';~ '-':':Y'~V ':' ~.'" ",~;.~y:' ," ,':-::1~:'!' '~." ~----:'---':'-l-.-,.....:'.. , .-::;.~ -'\ ",...... --', - - .7".' " ,.." -'-~~ .... -. (. I i I COLOR i I "[(,-' --- TRIM I /Tr; , I , I /0/. " I " .0..' , I , /1 , , . \ ',;' . . If,Ui. , (cz<6l:Y 38~ '-1.:.-"0 /72 i' /r v , " y /) f.' t.""'i-.-~'\ ~l<.~' ps _ ,-,,,..:"'.,.',/11/. ";<~O,(~,;) '_0 1_' :!>c:;. l.r' . / (; ~ 2.-_ 3[...... . W II ... ~ t,-o l.h~ /I 7-~ Foundation l~,vt} }./c\-f ~{J j .;;, '"") 1.. CI /)'~ /~. Basement Ext. Walls Fire Place J:. 9 l) Type Roaf "'2," Recreation Roam .2.. oS 1 Dormer- J ~ilriVeWay ""I , / 3.f y v ' rJf ~9i/ Bath Floors I~ ~ 'Iri , ?.oJ I 1 c ~_ , I .' I '" 1 I~ } . 'i!, ./. /~- ~ I '1 /{' Interior Finish ,f :/ / I"" Heat I!.' 1/ ..(;: ~ Rooms 1st Floor Roams 2nd Floor .-- -~- ---..- ~ '/"/ / do. I Dinette K. -- LR. DR. BR. FIN. B. ;.} C 0 () - / ~ J. -/-? -OWNER .. lifJn' ~. FORMER OWNER - ~ JJk& .. ~S. 2./0 ~. LAND 1 SEAS, IMP, _ ~&O ~ .0 i! .., ~~;O lflrU 06 I...r-o 0 ,..()O~ 0( 'I fHJ ~ ~ ~! ~ AGE ~EW " " 'FARM NORMAL Acre 4J1lable 1 ;lIable 2 1f: ."aba3 ~ -- ;aodland ;r-- ;:ampland ~il Ii .. "oJsh land ~ i:. . >use Plot , ; ; .::; ~i ftel r~'" TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET -z.. b 0 ~ ~ - VILLAGE LOT M DIST. SUB. ~a.c~ N .-~~'~ WI td/, r ~ ACR~ ,d;{~ TYPE OF BUILDING E S VL Se FARM Mkt, Value a~. TOTAL DATE REMARKS 'L BUILDING CONDITION BELOW ABOVE Value Per Acre Value r ",\~~~.".. ,'~.liL___; FRONTAGE ON WATER FRONTAGE ON ROAD ~ () f!- DEPTH IS; BULKHEAD '1:.'~<i;_~"', , _ -.,.l ~',. DOCK '- ..... ~ "'"~' -' " ",d .. .' ".',' - -- ~te COLOR i . ! !y1j-r I. " I .' f / 1/ "I ~~....~~ i TRIM 'II II " I- "'" . fA ~)-' I t..JH/;"-- i ",.- /I . I <.1.. ol" l.:;i ',~ :z . - \11D ! 2- 'S ......., I\.f-,-~ 3{; oj 0 Bldg. i ;:'{.LH~"'- 1 L g Foundation eB Bath I Dinette nsion I ./'i' ' s-;-I I 1/ J.i 'Basement rUt-L..- Floors ,:/rJk:.. K. I I. ,,~ : ~ 0 0 nsion I Ext. Walls "JOel t-, SfI/^// Interior Finish ~I?) L E' 0 LR. nsion i Fire Place !\loNE Heat -IEs DR. i Type Roof Rooms 1st Floor BR. hSv~ /0 x.:zo ~ 2.-"6 .:J S- 0 SOD Recreotion Room Rooms 2nd Floor FIN. B. h S~R{ t'~ - 7 2.- "7z,. Dormer ~ U, . 10 () ~ e.y , Driveway ~ I.~ ;;.fr age /Ip X I - In g6 ia B. al 14.~ IfY - ()iP1-' J. b 10 q l..% 571 t .'1. :..;te >ete orc orc :re -or 'ot \ ot ~,~ '.-, '~"----'_.. - _._---~-.~.--,.-._. -KEEGAN & KEEGAN, LLp. THOMAS 1. KEEGAN. JR. DEBRA A. BYRNES DANIEL C. ROSS A TTORNEYS AT LAW 147 NORTH OCEAN AVENUE P.O. Box 91R PATCHOGUE, NEW YORK 11772~0918 ~."fc' "'/,R~ 18 EAST END OFFICE 315 WESTPHALlA ROAD P.O. Box 146 MATIITUCK, NEW YORK 11952-0146 (631) 298-1200 (631) 29R-4427 FAX TELEPHONE (631) 475-9400 FACSIMIl.E (631) 475-0601 *******************~ JAMIE ROSNER ******************** January 18,2001 THOMAS J KEEGAN OF COUNSEL Town of South old Planning Board 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 C.,(;-~~~~~01I't:'J!" J,",,,. .~ !. '~ 'I r: ;....; '.. - JAN 2 Z 2111' Attention: Robert q. Kassner SouIbokI Town Planning Board Re: John & Helen Berdinka lot line change SCTM#: 1000-142-1-7 & 8 Dear Mr. Kassner: In accordance with the Board's resolution of 8/21/00 enclosed herewith please find certified copies of the new deeds, which were recorded on December 14,2000 in the Suffolk County Clerk's Office at Liber 000012090 at page 688 and at Liber 000012090 at page 689. You will recall this matter was considered on an application for a lot line change regarding adjoining lots owned by the applicants John and Helen Berdinka on Factory Avenue in Mattituck. On July 6, 2000, the ZBA had granted a variance regarding the same matter, a copy of which is enclosed for your ready reference. As we discussed, the language of the Planning Board resolution does not conform ~ precisely to the ZBA resolution and it is respectfully suggested that the planning board resolution /T\-' be amended to read as follows: 2"d WHEREAS paragraph: WHEREAS, this proposed lot line change is to subtract 2,260 square feet from a 9,950 square foot parcel, SCTM#1000-142-1-8, and add it to a 9,325 square foot parcel, SCTM#1000-142-1-7; and RESOLVED: 1. The filing of new deeds pertaining to the merger of 2,260 square feet from a 9,950 square foot parcel, SCTM#1000-142-1-8, and adding it to a 9,325 square foot parcel, SCTM#1000-142-1-7. . . For your ready reference, I am enclosing a copy of the Planning Board's August 21, 2000 correspondence which recites the resolution. Thank you for your attention to this matter and please advise if anything further is required. cc: Mr. and Mrs. John Berdinka DCR:kr/enclosure datalreal/berd-pbd.ltr . ( .' 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 3 TRANSFER TAX NUMBER: 00-18843 Recorded: At: LIBER: PAGE: District: 1000 Section: Block: 142.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Deed Amount: Receiv.ed the Following Fees For Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid Page/Filing COE EA-STATE Cert.Copies SCTM COIll1ll.Pres $9.00 $5..00 $25.00 $4.00 $0.00 $0.00 TRANSFER TAX NUMBER: 00-18843 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 12/14/2000 11:56:56 AM D00012090 689 Lot: 008.001 $5.00 $5.00 $5.00 $15.00 $0.00 $73.00 Exempt NO NO NO NO NO ~ I Number of pages 2> RECORDED 2000 ,)ec 14 11: 56: 56 At'l Edward P.Romaine CLERK OF ()JFFOLK COUtn'l L DOOOt2090 P 689 0n 00-t8843 TORRENS Serial # Certificate # Prior Clf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. TP-584 '5' ~ I. Basic Tax . Handling 2. Additional Tax Notation Sub Total R.P.T.S.A. J Sub Total cl~ /~- Q4~ Spec.! Ass i t. Or Spec. / Ad d. EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5~ TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax _.g-- Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, s,,,~ appropriate tax clause on page # of th is. instrument. Affidavit Certified Copy ~- Other ". ~q - GRAND TOTAL -r0:J - Reg. Copy Sub Total Real Property Tax Service Agency Verification [) r-=,r- Dist. Section B lock Lot 1000 /l/~. 00,1 0/.00 OO'ir',OO/ 6 Community Preservation Fund Consideration Amount $ 0 o CPF Tax Due $ Improved ,/ Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ?euti d ~.. Ross, 2'~?)' p K.e e.Oj~ . i-K.Re.c,a::,A J LL c--310 )0JJA+ph~ .A v~ r? CJ. l~oX-I1-&.. . .~UC/ I?j /115:J. TD TD TD 8 Title Company Information Co. Name Title # - 9 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached 1:),(JJz JIlJ~J . d~ Cd t? _ ?:vtJ aL (SPECIFY TYPE OF INS1RUMENT ) .... Toft h d-e..Acli.tt i::JJ..J The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the Township of So u:ULJ-! d.. ~ J Ohf) & /'{ c1d1 K Ii ) In the VILLAGE or HAMLET of /ntd:tcl2t r.Jc BOXES 5 THRU 9 MUST BE TYPED OR PRINfED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lOVER) ell! ! (, CONSULT YOUR LAWYER BEF.SIGNING THIS INSTRUMENT.THIS INSTRUMEN.OULD BE USED BY LAWYERS ONLY + L;:ec.&n her THIS INDENTURE, made the5 day of NS'/emller; 2000 BETWEEN JOHN BERDINKA, residing at 1330 Factory Avenue, Mattituck, New York 11952 party of the first part, and JOHN BERDINKA, residing at 1330 Factory Avenue, Mattituck, New York 11952 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying and being in the Village of Matti tuck, Town of South old, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a pipe on the easterly side of Factory Avenue where the same is intersected by land now or formerly of John and Helen Berdinka at the northwest comer ofthe premises to be described herein, said point also being distant 372.60 feet southerly as measured along the easterly side of Factory Avenue from the corner formed by the intersection of the southerly side of Sound Avenue with the easterly side of Factory Avenue; RUNNING THENCE from said pipe or place of beginning along said land now or formerly of John and Helen Berdinka, North 73 degrees, 49 minutes, 40 seconds East 141.25 feet to a pipe and land now or formerly of Fiyalkowski; RUNNING THENCE along said land now or formerly ofFiyalkowski and along land now or formerly of Amshutz South 17 degrees, 13 minutes, 40 seconds East 58.94 feet to a pipe and land now or formerly of Harrison; RUNNING THENCE along said land now or formerly of Harrison and along land now or formerly of Seyfried South 77 degrees, 27 minutes, 00 seconds West 141.63 feet to a monument on the easterly side of Factory A venue; and -.THENCE along the easterly side of Factory Avenue North 17 degrees, 18 minutes, 20 seconds West 50 feet to a pipe at the point or place of BEGINNING. . BEING AND INTENDED TO BE the premises conveyed by deed dated October 15, 1987 recorded on November 9, 1987 in Liber 10464 at page 301 except that a portion of the premises has been merged with premises conveyed by deed dated July 30,1987 recorded on August 12,1987 in Liber 10389 at Page 496. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads. abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 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 consideration 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" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: jd~J(A~ ~v~~ John Berdinka Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 1 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, CO~;~~ffOlk M On the 5' #.clay of ~ In the year 2000 before me, the undersigned, personally appeared JOHN BERDINKA 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 he within instrument and acknowledged to me that he/she/t exe ted the same in eir capacity(ies), and that b I /her/t ' sign the strument, the individual( or th e s hal f whi e individual(s) acted, exe ted e i r ss: State of New York, County of 55: On the day of in the year before me, the undersigned, personally appeared 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(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which th~ individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) DANIt.c,.,S . DANIElC,ROSS Notary Public. S.atL M' Notary Public. State of New,", rk NoA90717b. No. 4907175 0 Q~anfled In Suffolk Co~m~1 Cl .')ualified .in SurfoU< COlin CommisSion Expires Aug, ...; 1. 1.,_COt~ n!',:sr~m f:~pb~s .^.!/"l ?1 ~ ~o DANIEL C. ROSS . .. .' .. ..,. '"f TO B~mmf~~Xo*NOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE Qualified in Suffolk County._ State (or District of ~mnIlilsitlll"Ve8'llttl?f.~ "g~fCI4l:9l On the day of in the year (signature and off\5AP,~~ndividua,l,!;'king acknowledgment) Notary Public. Sta,.. . 'W No. 49071/0 Qualified in Suffolk Counl'L'l Commissil)n Expires Aug. 31, ~-'l<"1 5S: before me, the undersigned, personally appeared 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(ies), 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, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) Title No. SECTION 142.00 BLOCK 01.00 LOT 008.000 COUNTY OR TOWN STREET ADDRESS BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by .onwealth COMMONW~:AL TH LAND TITLE INSURANCE COMPANY Daniel C. Ross, Esq. Keegan & Keegan, LLP 315 Westphalia Avenue P.O. Box 146 Mattituck, New York 11952 " LANI1A,\IUlll:AI:( ,\ll'A~' STATE OF NEW YORK SS: / COUNTY OF SUFFOLK 1,t6WARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY GERTIFY THAT I HAVE COMPARED THE ANNEXED COry OF DEED / CJ, 09 () AT PAGE t? g 9 RECORDED 8L!..'// d.. 600 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS DAY OF 2000 u..." f(I ~,:..;- CLERK 12.()156. 06i00cg I " o 1111111111111111I11111111111111111111111111111I11111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 3 TRANSFER TAX NUMBER: 00-18842 Recorded: At: LIBER: PAGE: District: 1000 Section: Block: 142.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Deed Amount: Received the Following Fees For Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid Page/Filing COE EA-STATE Cert.Copies SCTM COllUll.Pres $9.00 $5.00 $25.00 $4.00 $0.00 $0.00 TRANSFER TAX NUMBER: 00-18842 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine Cou.~ty Clerk, Suffolk County 12/14/2000 11:56:56 AM D00012090 688 Lot: 007.001 $5.00 $5.00 $5.00 $15.00 $0.00 $73.00 Exempt NO NO NO NO NO , [2 . . Nu~ber of pages -3 RECORDED 20,:'0 ['ec 14 11:56:56 Rt1 Edward P.Romaine CLERK OF SUFFOLK coumv L DOOOI20'30 P E,88 DT# 0(1-18842 TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Cl- < Mortgage Amt. Handling TP-584 I. Basic Tax -- .~ 2. Additional Tax Notation Sub Total EA-52 17 (County) J EA-5217 (State) cJ S- Sub Total Q4- Spec.lAssit. Or Spec. / Add. Comm. of Ed. 50~ TOT. MTG. TAX Dual Town Dual County Held for Apportionment -~ R.P.T.SA /,.c:;-~ Affidavit Transfer Tax Certified Copy Reg. Copy k '. Sub Total d q - GRAND TOTAL./'7.9 Mansion Tax The prop1my covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Other ;if; Real Property Tax Service Agency Verification Dist. Section B lock Lot 6 Comrr!unity Preservation Fund Consideration Amount $ 0 CPF Tax Due $ 0 1000 1'/::2. aD OJ. 00 007. otJ I .- Improved v-' Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: l::anid t.' R05~, ~'5b' LP K€i'q~ 1 ICe ejtM I L ~/f ~..u:fpA~}v~ ~ o. &x 1'/& ~ c../(.; '71 j 11?:f J.- TD TD TD 8 Title Company Information Co. Name ~ Title # 9 Suffolk Count Recordin & Endorsement Page This page forms part of the attached l3a;yaVl ~ SO ~ ,/)1" <.! made by: (SPECIFY TYPE OF INSlRUMENT) Gmln J. iJ.,; /2d/nk ti- -I ~ G. &t<.dCM"ko) ';". ; The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of . :JOj-(J:tItJI J.-- I~ the VILLAGE or HAMLET of 7""J0.:ttdu d:-.- TO 0t9f.zn. <J. I!.L&,A iJ.u< d,.;;., I( 1/ t fr-. &R Ii/A J{'a...J . . . I30XES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) o . 0 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, ~ade th~~ Of~~~~; _'_m~n I", I BETWEEN JOHN J. BERDINKA and HELEN G. BERDINKA, residing at 1330 Factory Avenue, Mattituck, New York 11952 party of the first part, and JOHN J. BERDINKA and HELEN G, BERDINKA, his wife, both residing at 1330 Factory Avenue, Mattituck, New York 11952 party of the 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 unto 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, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Factory Avenue distant 290.60 feet southerly as measured I. along the easterly side of Factory Avenue from the corner formed by the intersection of the Southerly side of Sound Avenue and the easterly side of Factory Avenue; RUNNING THENCE from said monument or place of beginning along land now or formerly of Corwin North 73 degrees, 49 minutes, 40 seconds East 141.36 feet to a pipe and land now or formerly of Ficner; THENCE along said last mentioned land and along land now or formerly of Fiyalkowski South 17 degrees, 13 minutes, 40 seconds East 82.00 feet to a pipe and land now or formerly of John Berdinka; THENCE along said last mentioned land South 73 degrees, 49 minutes, 40 seconds West 141.25 feet to a pipe at the easterly sid.e of Factory Avenue; AND THENCE-along the easterly side of Factory Avenue North 17 degrees, 18 minutes, 20 seconds West 82.00 feet to'a monument at the point or place of BEGINNING. -'BEING AND INTENDED TO BE the premises conveyed in deed dated July 30,1987 recorded on August 12, 1987 in Liber 10389 at Page 496 and a portion of premises conveyed by deed dated October 15, 1987 recorded on November 9, 1987 in Liber 10464 at Page 301. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the-center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second' part forever. 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 conside(ation for this conveyance and will hold the right to receive such consideration 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" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ~ L~~cz- HN J. BE INKA' rQ-AO-~~ ~ j;.&-~. HELEN G. BERDINKA Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 ' ' 1 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE ss: State of New York, County of Suffolk On the 7'U, day of ~~,&'> ~ year 2000 before me, the undersigned, personally appeared Helen G. Berdinka personally known to me or proved to me on the basis of satisfactory evidence to be lhe 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(ies), and that IS ir signature(s) on the instrument, the individu s, reo c individual(s) acted, x ut the' s ss: State of New York, Cou ty of Su olk ~ On the'fJM day of In the year 2000 before me, the undersigned, personally appeared John J. Berdinka personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) sub . ed to the within instrument and acknowledged to me that h heft ecuted th sa e in his/her/their capacity(ies), and at n ure ) on the instrument, the indiv u pon eh f of which the individual(s) acte ent ignature and office of individual taking acknowledgment) DANIEl. C. ROSS Notary Public. Stale of New Yori< NoA907176 Qualified ir' Suffolk County <:;)0.3 Commissi"n Ex',iresAug. 31,1l8-'C. ( (signature and office of individual taking acknowledgment) DANIEL C. ROSS Notary Public. State of New Yori< No. 4907176 Q~al!fied in Suffolk County. , Comm/55I"n Expires Aug. 31,1P..'2Por TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of 55: On the day of in the year before me, the undersigned, personally appeared 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(ies), 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, and that such individual made such appearance before the undersigned in the in (and insert the State or Country or other place the acknowledgment was taken) (insert the City or other political sUbdivision) (signature and office of individual taking acknowledgment) ". Title No. SECTION 142.00 BLOCK 01.00 LOT 007.000 COUNTY OR TOWN STREET ADDRESS Southold BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Factory Ave; Mattituck, NY Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY ] S1 ANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by .onwealth COMMONWEALTH LAND TITLE INSURANCE COMPANY Daniel C. Ross, Esq. Keegan & Keegan, LLP 315 Westphalia Avenue P .0. Box 1 46 A LANnAMEIUCA ex MI'i Mattituck, New York 11952 STATE OF NEW YORK SS: COUNTY OF SUFFOLK ~ I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SlPREME COURT OF~E STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO b REBY CERTIFY THAT I HAVE COMPARED THE ANNEXED CQPY,9F EED /0l.090 ATPAGE &08 RECORDEo/..<./IUdooo AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF. I -':;I~VE HEREUJ>/TO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS/ '!fflDAY OF 1.)(2 ce rn6 c:-/C 2000 1I.~~ -II ~.~~ CLERK 12.(1156. 06I00cg I . . ( , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, J r. Lydia A. Tortora . Lora S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 11, 2000 Daniel C. Ross, Esq. Keegan & Keegan, LLP 315 Westphalia Road P.O. Box 146 Mattituck, NY 11952 Re: Appl. No. 4833 - Area Variances in Lot-Line Change Project Dear Mr. Ross: Enclosed please find a copy of the Appeals Board's determination rendered at the Board's July6, 2000 Regular Meeting. Please be sure to follow-up with the Planning Board Office (765-1938). A copy of this written determination has also been furnished to both the Building Department and to the Planning Board Office as updates for their files. Very truly yours, 1~;O/h~I~L~ GERARD P GOEHRINGER" !f:{.. CHAIRMAN Enclosure Copy of Decision to: Building Department Planning Board Office Decision filed 7/12 t" Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning . Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 6, 2000 Appl. No. 4833 - JOHN AND HELEN BERDINKA 1000-142-1-7 and 8 STREET & LOCALITY: 1260 and 1330 Factory Avenue, Mattituck DATE OF PUBLIC HEARING: July 6, 2000 FINDINGS OF FACT PROPERTY FACTS: The parcels which are the subject of this lot-line change request are located on the easterly side of Factory Avenue in Mattituck and are each improved with a dwelling and accessory garage. The northerly lot (Tax Map Parcel 7) contains 9325 sq. ft. with 66 ft. frontage along Factory Avenue and the southerly lot (Tax Map Parcel 8) contains 9950 sq. ft. with 66 ft. of road frontage. The existing buildings are as shown on the July 8, 1994 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated March 28, 2000 denying a request for a lot-line change. for the reason that the subject lots are non-conforming in size and proposed lot line change creates a lot with a greater degree of non-conformity. The Bulk Schedule of the Zoning Code requires a minimum lot size of 40,000 sq. ft., except those lots in existence as provided under Article II (Non-Conforming Lots) of the Zoning Code. X RELIEF REQUESTED: The applicants request an Area Variance to change the line dividing Tax C + Map Parcels 7 and 8 as follows: (a) Parcel 7 would be expanded by adding 2260 sq. ft. (16 ft. arrec wide x 141.25+- ft. deep) resulting in a total area of 11,585 sq. ft. and lot width of 82 ft.; (b) Parcel - 8 would be reduced by 2260 sq. ft., resulting in a total lot area of 7690 sq. ft. and lot width of 50 feet. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants have owned Tax Parcels 7 and 8 for some years. Their home is on Parcel 7, which is currently the smaller of the two. Applicants state that they wish to move the lot line so that their garden, now located on Parcel 8, will be on Parcel 7. This goal cannot be achieved without a variance authorizing creation of smaller dimensions for Parcel 7. (2) The proposed lot line change will increase one lot to 82 ft. wide. The change results in a lot reduction from 60 ft. to 50 feet wide, but will not affect the structures already on the two lots and will not change the appearance of the properties. Lots 50 feet wide are common in the neighborhood. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. _...;cw..'-"~- Page 2 - July 6, 2000 Appl. No. 4833 - John and Helen Berdinka Parcels No. 1000-142-1-7 and 8 at Mattituck . . " . (4) There will be no increase in density and the lots are limited to not more than one principal residential building. (5) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to make the desired realignment of the two lots while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. Vote of the Board: Ayes' Members Goehringer (Chairman), Dinizio, and Tortora. Nay: Member Collins because this is an unwarranted increase in nonconformity. (Member Horning of Fishers Island was absent during this vote.) This esolutiOcr d~IY ADOPTED (3-1). ES DINIZIO, C IRMAN PRO TEM // . ,~NG 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 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 21, 2000 Daniel C. Ross, Esq. Keegan & Keegan, LLP Attorneys at Law 147 North Ocean Avenue P.O. Box 918 Patchogue, NY 11772-0918 Re: Proposed Lot Line Change for John & Helen Berdinka SCTM#1000-142-1-7 & 8 Dear Mr. Ross: The following took place at a meeting of the Southold Town Planning Board on Monday, August 21, 2000: The final public hearing was closed. The following resolution was adopted: WHEREAS, John and Helen Berdinka are the owners of the properties known and designated as SCTM#1000-142-1-7 & 8 located on Factory Avenue in Mattituck; and x WHEREAS, this proposed lot line change is to subtract 2,260 square feet from a 9,325 square foot parcel, SCTM#1000-142-1-7, and add it to a 7,690 square foot parcel, SCTM#1 000-142-1-8; and WHEREAS, the South old Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, did an uncoordinated review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on July 31, 2000; and / . . Berdinka - 8/21/00 - PaQe Two WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 21, 2000; 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 il 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 July 8, 1994, 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. x 1. The filing of new deeds pertaining to the merger of 2,260 square feet from a 9,325 square foot parcel, SCTM#1 000-142-1-7, and adding it to a 7,690 square foot parcel, SCTM#1000-142-1-8. Please contact this office if you have any questions regarding the above. Sincerely, a ~. Bf~~~~~L, j I- Chairman , 1 THOMAS J. KEEGAN OF COUNSEL August 18, 2000 ~ ~ . . KEEGAN & KEEGAN, LL' THOMAS J. KEEGAN, JR. DEBRA A. BYRNES DANIEL C. ROSS ATTORNEYS AT LAW 147 NORTH OCEAN AVENUE P.O. Box 918 PATCHOGUE. NEW YORK 11772-0918 EAST END OFFICE 315 WESTPHALlA ROAD P.O. Box 146 MATTITUCK, NEW YORK 11952-0146 (631) 298-1200 (631) 298-4427 FAX TELEPHONE (631) 475-9400 FACSIMILE (631) 475-0601 ******************** ; JAMIE ROSNER ******************** -- Town of Southold Planning Board Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 111971 .2120JIDJ _~ifalMl ........~ I' " " Attention: Mr. Robert G. Kassner Re: Proposed Lot Line Change for John & Helen Berdinka Factory Avenue, Mattituck SCTM# 1000-142-1-7 & 8 Ii Dear Bob: Enclosed herewith please find an affidavit of mailing and affirmation of POSl' ng. ihank you for your attention to this matter. DCR:kr enc datalreallberd-bd .Itr ., · f\FF.wQi"'!;b~ ~ .'IF-'- .. I OF POSTING 1'14l'l-t 1:. Afl1 RIV AiTOItI\I/;''t' 0\<<.'<' l..ttlW<;~1:1 ro PP.~Cl>:Cr;. 1-1'\'" Xl<! T'....P.:. <;'t>i-ltls.. of- ,.,6.w '1t>1l.... .....p 1f1A.KFi. 'l''':o~ pFf:s:'(2.WI.n..-N lAN~I>/l P/3",I4l.l1:I!>~ of:- PEfI,';tItRV-. This is to serve notice that I personally posted the property known as . \ ,/ "'5C\,YV\ 1tJD6o - [!j?--{-7 ~Cb 1m f~ ~;~ by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has r ai ed i(1 place for seven days prior to the date of the public hearing on a HAIIl/llll-~~N6:71tC., w 0 ~ efl1ho'tl:._ f}':( leEEG-""" ~ /<.Ut,,qw II 'ii -=nt 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~~ or private street from the above mentioned property on ~ 1 ~ , '0 Il-N1: r'3 L c. R:..o c;> you~r. e(pr,int) , ' ' ',' ~.,'. 'r,.,~-1T2L Sig ature A:ci;:;~:r ~, . P.'" e..~ 11t6/1!~'~;~i;~ Date I Notary Pubiic PLEASE RETURN THIS AFFIDA VlT AND CERTIFIED MAIL RECEIPTS ON THE DAY DF, OR AT THE PUBLIC HEARING Re: John & Helen Berdinka SCTM#: 1000-142-1-7 & 8 Date of Hearing: 8/21/00; 5:30 p.m. . PUlw~- ,~ .....u\.l~ BOARD OF .'\vrre.'\b..S .. . . TOWN OF SOUTHOlD:NEW YORK ___________________________________________________________x In the Matter of the Application of -:sDhn -\- .\-Ld..e.h 1)QR~k,^- (Name of Applicants) CTM Parcel #1000- Il./- 2 - I - /1 8' ______________________________________________ x AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, "-.Io.nn(t Sel')€.So.c.. residing at 1'3'$'$ Oe ~G\(, D l~ r.> Lou r-e\ I NY HI!f4SlNew York, being duly sworn, depose and say that: On the II ~ day of , 2000, I personally mailed at the United States Post Office in , , New York, by CERTIFIED MAil, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice. in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the officWI re;?ords on file with the (y-ssessors, 'ef- ( ) CSl:II,ly R",t:.1 rF6~~rtl' nffi"Q. ~ few.... ~ SO~1 c\ for every property which abuts and is across a public or private street, or vehicular right-of" way of record, surrounding the applica~~;lroperty. ~0~ (Signature) lie. State of New 0 No. 4901115 Quellfied in Suffolk County ~( CiDmalisslf)n f,xpires Aug 31 .1Y- PLEASE list, on me back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ,/ ,f . . Southold Town Plannina Board Notice to Adiacent Propertv Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of theTown 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#1000-142-1-7 & 8; 3. That the property which is the subject of this application is located in the R-40 Zoning District. 4. That the application is to subtract 2,260 square feet from a 9,325 square foot parcel, SCTM#1 000-142-1-7, and add it to a 7,690 square foot parcel, SCTM#1 000-142-1-8. The property is located on the east side of Factory Avenue, 300 ft. south of Sound Avenue. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631 )765- 1938. 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 21, 2000 at 5:30 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. Petitioner/Owner's Name(s): John & Helen Berdinka Date: August 1, 2000 ,- .-'l .-'l 0- Postage $ postage $ ::r ru Certified Fee Certified Fee Ul m Return Receipt Fee Return Receipt Fee a (Endorsement Required) (Endorsement Required) a Restricted Delivery Fee Restricted Delivery Fee a (Endorsement Required) (Endorsement Required) Total Postage & Fees $ ??) $ a Total Postage & Fees ru ru m 0- 0- a r'- Postage $ J 1 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ J J J Namtf (Please Print Clearly) (To be completed b 0," 1 ..~@___A,---':b5NmLu"___'h'U~.~~.u=m.m.mu. Street, Apt. No.; or PO Box No. .1IS...!M1J.hVT:...5:l:Ceet....................m.m...h.... CI Stat, 4 Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ ?'t ,,// ,"~jiYfu.~:;~1.~malle~ ' r ! ~e;~6":' No.; 0' PO B.ax No. . . h.m._uuml"Y.le.__.mumm CI . Slate .z~X....mS..l.(Qh.mumh.mum.....mmmhh.mm.. 0- ::r ru Ul Postage $ Certified Fee lT1 Return Receipt Fee 1:3 (Epdorsement Required) o Restricted Delivery Fee o (Endorsement Required) Total Postage & Fees $ a ru ru N]1 (Please Print Clearly) (To b~ completed by m ... X:tmhChtla..crl::iQo, ~~ No.; or PO Box No:--h- -. -. --n'..____h_______nUh__n__h____hn___. .---h.......?.....Dz.lma.f Dc. ~tate, ZP+ 4 - .n___nn -----_n__.___._n.nn_h.n___..__nn_ :11 !o- !o- a r'- '" ::r ru Ul Postage $ Certified Fee m Return Receipt Fee 1:3 (Endorsement Required) o Restricted Delivery Fee o (Endorsement Required) o Total Postage & Fees $ ru ~ NA (Jfase Print Clearly) (To be completed fY h.....uved..2:,U..~h.u.J.o..t.:[~_ Q [J"'" Street, Apt. No.; or PO Box No. n ____n . __nn ~ ~~.iii>~~f!f.eCSQO..h.~.t[~~J........---........... m .-'l .-'l 0- ::r ru Ul Postage $ Certified Fee rn Return Receipt Fee o (Endorsement Required) o Restricted Delivery Fee o (Endorsement Required) Cl Total Postage & Fees $ ru ~ ~"Ji!ilease Print Clearly) fTo be c~mfl:ted r~ mailer) -- Su.--- . v.Y.\e5.___.~'.....i3eLCl.lnt::a q. wf'.. ~~ Apt. No.; or PO Box No. .nn___mhm. ...........-.. .~.3.i-.l~Q.S.....fg.cta.[!.I...AlJ.:e'^,v.n . State ZI +;1 N I \ t ~.X '''-'hh'''''''_ NJlWe (~e8Se Print Clearly) (To be completed by mailer) .~Y.Udes...m--~..:rllro..JY.!me.c....................... rr Street, Apt. No.; or PO Box No. 0- ..l735....&C.t:oC. ...A.!Lf.bU.e..........--............. Cl J State P,+ r'- rn _.t1iITo1~"f:r.1.~o; ...D .-'l .-'l 0- ::r ru I.J1 Postage $ Certified Fee m Return Receipt Fee D (Endorsement Required) a a a ru ru m 0- 0- ::r ru l.t1 postage $ Certified Fee Return Receipt Fee rn (Endorsement Required) Cl C1 Restricted Delivery Fee Cl (Endorsement Required) Total postage & Fees $ a ru ru m ( .1i~ HoJil; .. . i-1lt 1I.iIi!O 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 Fax (631) 765-3136 Telephone (631) 765-1938 PJANNING BOARD MEMBE4 BENNETT ORLOWSKI. JR. Chairman PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 1, 2000 Daniel C. Ross, Esq. Keegan & Keegan, LLP Attorneys at Law 147 North Ocean Avenue P.O. Box 918 Patchogue, NY 11772-0918 Re: Proposed Lot Line Change for John & Helen Berdinka SCTM#1000-142-1-7 & 8 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 31, 2000: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, August 21,2000 at 5:30 p.m. for a final public hearing on the maps dated July 8, 1994. 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 and the signed green return receipts from the certified mailings on the day of, or at the public hearing. The sign and the post will need to be returned at your earliest convenience after the public hearing. . . Berdinka - Paae Two - Auaust 1. 2000 Please contact this office if you have any questions regarding the above. Sincerely, 0l . "'-" Bennett Orlowski, Jr. Chairman ~A enc. WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . Town HaU, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD MEMBE. BENNETT ORLOWSKI, JR. Chairman PLANNING BOARD OFFICE TOWN OF SOUTH OLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 31,2000 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 John & Helen Berdinka SCTM#: 1000-142-1-7 & 8 Location: Factory Avenue, Mattituck SEQR Status: Type I Unlisted ( ) (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed lot line change is to subtract 2,260 square feet from a 9,325 square foot parcel, SCTM#1000-142-1-7, and add it to a 7,690 square foot parcel, SCTM#1000-142-1-8. . . SEQR Neaative Declaration - Paae Two Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. . For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Water Authority Elizabeth Neville, Town Clerk Applicant . . ~ 58-1 NOTICE OF PUBLIC HEARING ~ 58-1 Chapter 58 NOTICEOFPUBUCHEMllNG ~ 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-I. Providing notice 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: A. 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 premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought 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 displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file 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 ia across from any public or private street 5801 1-26-86 ~ 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 slbe has complied with this provision. 5802 1-26-86 . . AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on 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 RETURN THIS AFFIDAVIT AND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re: John & Helen Berdinka SCTM#: 1000-142-1-7 & 8 Date of Hearing: 8/21/00; 5:30 p.m. . . Southold Town Plannina Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of theTown-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#1000-142-1-7 & 8; 3. That the property which is the subject of this application is located in the R-40 Zoning District. 4. That the application is to subtract 2,260 square feet from a 9,325 square foot parcel, SCTM#1000-142-1-7, and add it to a 7,690 square foot parcel, SCTM#1 000-142-1-8. The property is located on the east side of Factory Avenue, 300 ft. south of Sound Avenue. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631 }765- 1938. 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 21, 2000 at 5:30 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. Petitioner/Owner's Name(s): John & Helen Berdinka Date: August 1, 2000 WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . Town Hall, 53095 State Route 25 P.O. Box II 79 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD MEMBE. BENNETT ORLOWSKI, JR. Chairman PLANNING BOARD OFFICE TOWN OF SOUTH OLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 21 st day of August, 2000 on the question of the following: 5:30 P.M. Public Hearing for the proposed lot line change for John & Helen Berdinka. The property is located on the east side of Factory Avenue, 200 ft. south of Sound Avenue in Mattituck,Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-142-1-7 & 8. Dated: 8/1/00 BY ORDER OF THE SOUTH OLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, AUGUST 10, 2000 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Suffolk Times Traveler Watchman " '" ! LEGAL NOTICE Notk:e of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 21st day of August, 2000 on the question of the following: 5:30 P.M. Public Hearing for the proposed lot line change for John & Helen Berdinka. The property is located on the east side of Factory Avenue, 200 ft. south of Sound Avenue in Mattituck, Town of Southald, County of Suffolk, State of New York. Suffolk County Tax map Number 1000-142-1-7 & 8. Dated: 8/1/00 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman 1464-ITAuIO \ \ STATE OF NEW YORK) )SS: COVNTY OF SUFF~I-K) '01<11"\ F'. U II \ 15 of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly publis/1ed in said Newspaper once each week for \ weeks successively, commcrtng \>n the ( 0 {-f, day of ^ cnUS I 20 (')(l , Cl-~J . iJ Principal Clerk lOt\..... 20 00 Sworn to before mefthis day of m1(;\A~ I CHRISTINA T. WEBER NoIaty ~ _of NewYOItl No.OfWE6034554 Cualfllld In WIofk CoIIlIy . ' Cor.-ElIpirIoDoclrnllorf3, 20c)1 Ci\ ej~(, 'T we...hU"'-.. , i 'I ! ~ APPEALS BOARD MEMBER~ "} J . Gerard P. Goehringer, Chairman J U 1\ II'''' James Dinizio, Jf. f 13 . Lydia A. Tortora . . . ;." Lara S. Collins ~. ~:~vr' George Horning y Southold Town Hall Pf) 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 6, 2000 ~~.-"'ll-''''7 I r:) '1::'.'.\ t,'.' ~.' 1 fl." fiii'1r. '~ 'r'*'_~:?'(.~+c ":'J ';lII'~ ':~. ~I]~,:r'" '.~ .<,:',~' '1,1 ,': l f..~ "".: . JUL 12 2000 Appl. No. 4833 - JOHN AND HELEN BERDINKA 1000-142-1-7 and 8 STREET & LOCALITY: 1260 and 1330 Factory Avenue, Mattituck DATE OF PUBLIC HEARING: July 6,2000 FINDINGS OF FACT .o".;ulho.d To\/vn Piannin;l E()arr! PROPERTY FACTS: The parcels which are the subject of this lot-line change request are located on the easterly side of Factory Avenue in Mattituck and are each improved with a dwelling and accessory garage. The northerly lot (Tax Map Parcel 7) contains 9325 sq. ft. with 66 ft. frontage along Factory Avenue and the southerly lot (Tax Map Parcel 8) contains 9950 sq. ft. with 66 ft. of road frontage. The existing buildings are as shown on the July 8, 1994 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated March 28, 2000 denying a request for a lot-line change for the reason that the subject lots are non-conforming in size and proposed lot line change creates a lot with a greater degree of non-conformity. The Bulk Schedule of the Zoning Code requires a minimum lot size of 40,000 sq. ft., except those lots in existence as provided under Article II (Non-Conforming Lots) of the Zoning Code. '--, RELIEF REQUESTED: The applicants request an Area Variance to change the line dividing Tax Map Parcels 7 and 8 as follows: (a) Parcel 7 would be expanded by adding 2260 sq. ft. (16 ft. wide x 141.25+- ft. deep) resulting in a total area of 11,585 sq. ft. and lot width of 82 ft.; (b) Parcel 8 would be reduced by 2260 sq. ft., resulting in a total lot area of 7690 sq. ft. and lot width of 50 feet. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants have owned Tax Parcels 7 and 8 for some years. Their home is on Parcel 7, which is currently the smaller of the two. Applicants state that they wish to move the lot line so that their garden, now located on Parcel 8, will be on Parcel 7. This goal cannot be achieved without a variance authorizing creation of smaller dimensions for Parcel 7. (2) The proposed lot line change will increase one lot to 82 ft. wide. The change results in a lot reduction from 60 ft. to 50 feet wide, but will not affect the structures already on the two lots and will not change the appearance of the properties. Lots 50 feet wide are common in the neighborhood. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2 - July 6, 2000 .... Appl. No. 4833 - John and HelenWdinka Parcels No. 1000-142-1-7 and 8 at Mattituck . (4) There will be no increase in density and the lots are limited to not more than one principal residential building. (5) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to make the desired realignment of the two lots while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, and Tortora. Nay: Member Collins because this is an unwarranted increase in nonconformity. (Member Homing of Fishers Island was absent during this vote.) This esolutiOcr d~IY ADOPTED (3-1). ES DINIZIO, C IRMAN PRO TEM *- PLANNING BOARD MEMB.S BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD #;i:;[FOl;q~~. ll.~'vV t'~ ". M~.~~ ~ :l\!;~ Cl . en ~ ~ ~ ~. ~ 'to, + ~"rtl ~.rr...r./J. . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1999 Daniel C. Ross Keegan & Keegan, LLP Attorneys at Law 147 North Ocean Avenue P.O. Box 918 Patchogue, NY 11772-0918 RE: Proposed Lot Line Change for John & Helen Berdinka Factory Avenue, Mattituck SCTM# 1000-142-1-7 & 8 Dear Mr. Ross, The Planning Board has received your letter of January 5, 2000 in regard to the above project. The Board cannot proceed with its review because you are making a non-conforming lot more non-conforming. In the event you wish to proceed with this application, you must obtain a Notice of Disapproval from the Building Department in order to apply for a variance at the Board of appeals. If a variance is granted by the Appeals Board this Board will then proceed with its review. . . If you have any questions, or require assistance, please contact this office. ~/f~~j ,I l)ff~{JKL~ Site Plan Reviewer cc: Gerard P. Goehringer, Chairman, Board of Appeals Edward Forrester, Director of Code Enforcement · KEEGAN & KEEGAN, LLI' ~ fl15 (5) THOMAS J. KEEGAN. JR. DEBRA A. BYRNES DANIEL C. ROSS ATTORNEYS AT LAW 147 NORTH OCEAN AVENUE P.O. Box 918 PATCHOGUE, NEW YORK 11772-0918 THOMAS J. KEEGAN QFCOUNSEL January 5, 2000 EAST END OFFICE 315 WESTPHALlA ROAD P.O. Box.\l.l.1 14lo MATTITUCK, NEW YORK 11952-0146 (5 I 6) 298-4427 Hl)(. ?-C( js'-IWO ;Phoi'\..l'..-. TELEPHONE (516) 475-9400 FASCIMILE (5 I 6) 475-0601 GERARD L. MULHALL R.N. Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 . _ \ J ~(\ ~o..vJQI\ \:,~ Re: Lot Line Change for John and Helen Berdinka SCTM: 1000/142/ I /7 and 8 Dear Planning Board Members: We are submitting herewith an application for a lot line change on behalf of John and Helen Berdinka. Attached to the lot line application you will find: I. Eight (8) copies of survey; 2. Copies of deeds for the two lots; 3. Certificates of Occupancy for all structures on both lots; and 4. A check payable to Southold Town for $250.00. Please let us know if there is anything else that you need to complete the application. Thank you for your consideration of this matter. V ery ~ yours, Daniel C. Ross DCR:kr enc. data/reallber -appl.ltr m ,h~IJaWiil-.~",."~,.~,~I,f.t,;i~i Jjl ~ ';'~: ~ 'J Ii' ," i '4!it.; ~\;~: . JAN - 6 2000 " . South old Town Planning Board ,.~ ""'111"',' ',",'''''''''' lr' · #, " "'~" ~~:"', '.. >:r.~"'. '. '- ~,,,:~".r, '';''''''~"''<. ";','" .' , ,. 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'"-<:0, ,~'~.t..'~.. ~ ,~;~if: I "-<"~ , '~'~,,~t" 'I ,', i ~\'o,;:, 1~''-!~, ;1" I :\'-F ~> ,,', V~/ ~"S \ --:::s" \ <~ ~j -, 01,9.,~, "\~,q,_" '"'' '""0"" ."" ,.,. "",,- "II',' "'"'''''' .,.,,,,, C;.. ,III, ,"""",,,,,, '" '"'I''''''''''' ",,,,,, """) COIISULT YOUR LAWnR IEfORl SIGlllllG THIS IHSTRUM.HT. TIllS IHSTRUMIHT SHOULD II UnD IT LAWYERS OHLY ..-----_._--_.._-~_._. ------, THIS INDENTURE, maele Ih< /5'{t, elay of C9~bor ,!lilleleen hllPHln:d and eighty-sevl BETWEEN J()lIN BERDINKA, JAMES BERDINKA, JOANNE SCHELIN and MARY BERDINKA, as Devisees under the Last Will and' Testament of Julia Berdinka and as'Distributees of Anna Berdinka, deceased, k/.o~J:ln Berd~nka, 1280 Factory Avenue, Mattituck, New York, 1419i)~ parly 01 the first part, and JOlIN BERD INKA, residing at 12 B 0 Fac tory Avenue, Mattituck, New York, , party 01 the second part, WITNESSETII, that the party of the first part, ill uHlsh1t:ratic.iH of h.'n dollars ami ollier \'al\1ahl~ considcl3lti~n paid by the party 01 the second part, does hereby grallt and release unto the parly 01 the second part, the heus or successors ami assign~ of tile party of the second pari forever, . ALL thai certain plot, piece or parcel of land. with Ihe buildings and illlprovcllIclIls thereon ereded. situate, lying and being in the Village of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Factory Avenue where th same is intersected by land now or formerly of P~ter Berdinka Jr. at the northwest corner of the premises to be described herein, said point also being distant 356.60 feet southerly as measured along the easterly side of Factory Avenue from the corner formed by the inter- section of the southerly side of Sound Avenue with the easterly side of Factory Avenue; RUNNING THENCE from said point or place of beginning along said lane now or formerly of Peter Berdinka Jr., North 71 degrees, 03 minutes, 58 seconds East 141.27 feet (142 feet deed) to land now or formerly of Matilda Fiyalkowski; RUNNING 'l'HENCE along said land now or formerly of Fiyalkowski and along land now or formerly of victoria Todrick south 19 degrees, 59 minutes, 20 seconds East 75.01 feet (76 feet deed) to land now or formerly of Ruth J. Nine; RUNNING THENCE along said land now or formerly of Nine and along la. now or formerly of 'l'imothy and Doreen Seyfried South 74 degrees, 41 minutes, 00 seconds West 141.63 feet (142 feet deed) to the easterlj side of Factory Avenue; and THENCE along the easterly side of Factory Avenue North 20 degrees, ( mlnll tes, 00 seconds Wes t 66.08 fee t to the poin t or place of BEGINN: . $ RECW~D 1.485" ~ ,... REAL EsTATE . . IfOV i I..l<} ~fRANSFER TAX ., IUFFOlK TOGETHER wilh all right, tille and inlerest, il any, 01 Ihe parly of the firsl p, . and roads abuttillg the aoove flcscrihed premises 10 the celltl'r lines tIH:H'O(; TOGETIIEH \vith the apptlrtemll a",1 all Ihe eslale and rights of the palty of Ihe firsl pari in and to said prtlnises; TO II^ VE ^1'-!D TO 1101.1) thl' premisl's herein granted lInto the party of the ~econJ palt, the IIdrs or Sllcce5sors and as!i1gns of the party of the second part forever. . "".",, , AN D the party or the first part covenants thai the party of the first part has nol done or suffered anything wllerd.lY the said premises have heell enculllbered in any way whatever, ('X(Cpt as afOlfsaid. AN D tlw party of the first part, ill ('olllpliallce with St'ction 13 of the LiclI Law, nlHIl:\lIts thai the party.of lhctilst palt will f('njvc the cOlIsillcratioJ1 (or this (,'oll\'('yaIKe and will hold tll(' right to Indv(' such cOllsill- (-'ralh,.-'al> a trust (ulld to he applicll filst (or Ihe. purpose'of paying 111(";(051 of the ilIlIHOVl'IlIf.'lIt and will appl)' lhl'sillli~ filst to the paYlIlenl of the cost of the lIJ1provellH:nt bcfnre HSlIlg allY part of lIlt' lotal of Ihe ~;llIIC for allY ollie I purpose. TIlt.' word "party" shall Le COllstllled as if it rcad "lIarties..'whclll"vcr Ihe 5('IIS{' of this illdenlJlle ~o If'!(lTircs. IN WITNESS WHEREOF, Ihe party 01 the first part has dul)' execuled Ihi; dred Ihe day ,,,"J yrar first ahove written. kf~~ ~Ae~ .:rt5ANNE SCHELIN M~ ~-<=~./ MARY sdINKA 10464"i~ ' SUF'.,K STAn O' HIW YOlK. COUNTY O' II. On the 15th day of October personally came John Berdinka 1987 . before Ille to IIll' kllown to 1)(' the individllal executed the rorq~.oillg instrull1ent, he executed the same. described in and wl~o ami acknowledged that ~OI1,B.RhW~ Notary CHRISTINA M. BENSON NOTAIlY PUBLIC, Slate of New Yor_ No, 52-0247645, Suffolk County 0 Commission Expires NOV 30. 19-Z I STAll O. HIW YOlK. COUHTY O' 5 U F F 0 L K II, On the 15th day o( October personally came James Berdinka 10 nit' known to 1)(' the individual executed the foregoing in!'lrulllent, he executed the same. 19 87be(ore me described in ami wl~o and acknowledged that .{;n , t:J~&J Notary CHRISTINA M. BENSON NOTARY PUBLIC. State of New York No, 52-0247645, Suffolk County Q Commission Expires /JeN 30, 19.1 / lIargniu nub t;nlf IDrrb \VlTU COVENANT AGAINST GRANTOR'S ACTS TITLE NO. 8608-08454 JOHN BERDINKA, JAMES BERDINKA, JOANNE SCHELIN and MARY BERDINKA TO JOliN BERDINKA f)1L cL ~ (j 7 7) SlANDARD fOAM OF NEW YORK 1I0ARD OF TiTlE UNOERwnlTEnS mJl,ibul.d by CHICAGO TITLE IN8unANCE COMPANY , ,,' " '1""'1' .~~'~"!l!".. IT A n O. HIW YO", .HTY O' SU F F O'~K II, 011 the 15th day of October pe rsonally came Joanne Schelin 1987 . before me to Ill(' known to be the individual executed the roregoing instrulllent, she executed the same. described in and who 311(1 acknowledged 111al ~- ?>>t-~b CHRISTINA M, BENSON Notary NOTARY PllBl.Jc, Stat. 01 New Yorll No. 52.fl241645;"8uftolk Count CommISSIon Expiru IJOV 30. 1[&9 STAn O' HIW YOlK. COUHTY O' 5 U F F 0 L K II, Olllhe 15th day o( October personally came 1987,beroreme Mary Berdinka to Ille known to be the individual executed the foregoing instrument, she executed the same. descrihed in and who and acknowledged that ." otary '.... . ~~f.''i;~ f'J:~'\C ~......-._-~ .". CHRISTINA M ENS~N ;; " " -. NOTAIIY PUBLIC. 51aft Q/.~L:...'..:~~.. No. 52-0247645. Suffolk C CommiSSion Expires lliav 3O~1~..2~ District SEL'TION 1000 142.00 01.00 008.000 BI.OCK LOT COUNTY (Ql){ft:>>M{ Suffolk Recorded .( Requrtl( of CIIICAGO TITLE INSURANCE COMPANY Ilch.un bJ M.II (0 Cohen & Warren, P.C. Donald S. Cohen, Esq. 80 Maple Avenue Smithtown, NY ll;'Jl~o_ .. u it o ~ z Q .. o !Jl '" ... o .. '" ::> '" 2 II ~ '" !!! , ... > '" w '" w 0( -20.(.( !.J HI,! J VillS:; ~\ i\! 1 ii" LR, HJ Z~ \ 6 ADr. ::'1., \'.(I.,!J \J Q d3<O- Ji~f. ~ -,ot' c':O~ ~..J. pJ 142.00 - I'"~ "f LI_'J~. 01 '7n,~- no. _.. ---"" l~T' ~JJ . 007 000 ~ I''''', , , ~(I I>--- ~ '\ I] 12'~d~9.,,~P~ot~oM I CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMINT. THIS INSTRUMENT SHOULD 81 USED BY LAWYERS ONLY , Jlj.~ THIS INDENTURE, made the ,g lJI day of July ,nineteen hundred and eighty-sever BETVVEEN JOHN BERDINKA, residing at 206 Cambon Avenue, St. James, NY JAMES BERDINKA, residing at 1405 Factory Avenue, Mattituck, NY, JOANNE SCHELIN, residing at Locust Avenue, Southold, NY, and MARY BERDINKA, residing at Youngs Avenue, Mattituck, NY 1(~19 . (l10C; / D3S). 7 ~Bargalfl and Sale Deed, with Covenants against Granl""S Acn-lndividual or COLpuutiun. (sinKle sheet) party of the first part, and both residing at JOHN J. BERDINKA and HELEN G. BERDINKA, his wife, 206 Cambon Avenue, St. James, New York, party of the 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 unto 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, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New Yor being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Factory Avenue (at the , s) distant 290.60 feet as measured along the easterly side of Factory Avenue franthe corner formed by the intersection of the southerly side of Sound Avenue and the easterly side of Factory Avenu RUNNING THENCE from said point or place of beginning along land now ( formerly of Corwin North 71 degrees, 03 minutes, 58 seconds East 141.36 feet to land now or formerly of Holland; THENCE along said last mentioned land and along land now or formerly of Flyalkowski South l~ degrees, 59 minutes, 20 seconds East 66.00 feet to land now or formerly of Peter Berdinka Sr.; THENCE along said last mentioned land South 71 degrees, 03 minutes, 58 seconds West 141.27 feet to the easterly side of Factory Avenue; AND THENCE along the easterly side of Factory Avenue North 20 degreeE 04 minutes, 00 seconds West 66.00 feet to the point or place of BEGINNING. 1f19 RECEIVED $ ;'3L..- REAL ESTATE AUG ) 2 1887 TRANSFER TAX SUFFOLK COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said I>remises have been encumbered in any way whatever, exrept as aforesaid. AND the party p.f)lj,{' , I' mpliance with Section 13 of the Lien Law, covenants that the party of the first part ~ " ation for this conveyance and will hold the right to receive such consid- eration ~"liIo'w !i.iIi for the purpose of paying the cost of the improvement and will apply the same first to ~ e l'bs'I' 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 llparties" whenever the sense of this indent!1re 'So requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ~-1~a- 9~~~~ SOANNE SCHELIN ~~~ ~ ~ MARY~D1NKA sT~P~~2 yg~~~?NTY Of , On the J:fh day of July 19 87, before me personally came John Berdinka, James Berdin Joanne Schelin and Mary Berdinka SUFFOLK to 111" known to be the individual S described in and who executed the foregoing instrument, and acknowledged that they executed the same. 7Y Nota y ICAMM=...-.. NOll ~~~.m 1 Quallfted III ~ CIlIIIIf va Commission Explrw"""" 11. tl.C \ STATE OF NEW YOlK, COUNTY OF On the day of 19 . before me personally came to me known, who, being by mt' duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors' of said corpora- tion, and that he signed h name thereto by like order. iargain aub &alr irrll WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. JOHN BERDINKA, JAMES BERDINKA, JOANNE SCHELIN and MARY BERDINKA TO JOHN J. BERDINKA and HELEN G. BERDINKA FJ -C.,z&' })30: STANDARD FORM OF NEW YORK BOARD OF TiTlE UNDERWRITERS Distributed by CHICAGO TITLE IN.URAN'CB COMPANY ... U iI: .. o to z " "' o u ... "' .. o ... '^ :> "' o .. w U < L '^ '^ I .... w > "' w '^ w "' 55: sun Of NIW YOII, COUNTY Of On the day of <personally came 55: 19 , before me to l11e known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that 55: STATE 0' NEW TOIK, COUNTY 0' 55: On the day of 19 , before me personally came 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 resides at No. that he'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. District SECTION t\'.~c'.t;u 1i1\.t l:;~[R1IHr,E CLlIIVM\'I 1000 142.00 01. 00 007.000 BLOCK LOT COUNTY :I1/Jt~ Suffolk Recorded at Request of CHICAGO TITLE INSUIlANCI! COMPANY R.eturn by Mail to COHEN & WARREN, P.C. 80 Maple Avenue Smithtown, NY 11787 Zip No. (,~< ,:::: """ 5 - :-.......:, ::> " '" <: ;, 2076 ;:; ;:;; .'H.").....,. 0,--1 ~""1m ~;o::> C);'lIt~ ,:::> C') __' c:-,,~,.. ~ (,., -< "., ...,.. r- r- ". c n. t;: <:::5 "". a1\ b, 3::: - c::o ....., . FaRM NO.. 4 . TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.. .Z I ? 796. . . . . . . . . . Date. f!,.b.r:uary. .?4 .'. .1. 9?9........... THIS CERTIFIES that the building . .O.n~. f.A.t1n:r. .~\i~)...L.~~9. . .. . .. . . . '" . " . .. . . . . . Lacatian afProperty .. P.6.Q. f!\CJ:QRT AY~:............ .MA~T.r.T.~~K.................. House No. Street Hamler Caunty Tax Map No.. 1000 Sectian ....I~.2..... .Black ....0..1........ .Lat . . . ~ 8. . . . . . . . . . . . Subdivisian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No.. ....... .Lat No.. ............. REQUIREMENTS FGR A PRIVATE GNE-FAMILY DWELLING BUILT PRIGR TO. canfarms substantially to. the ~li&1tlQ>>xtX>XJE:(U4ful(i/j:~~Jhl!~rexl'i~ili~Ptl\~J01f~~ APRIL 9, 1957 CERTIFICATE OF OCCUPANCY ZI7796 . . . . . . . . . . . . . . . . . . . . . pursuant to. whichJE:(U4l1i4illfr~lIf{Na. ..................... dated . F~.B~U~!, y. : ~ ~ .'. .'.98? . . . . . . was issued, and con farms to. aU af the requirements af the applicable provisians af the law. The accupancy far which this certificate is issued is . . . . . . . . . .. .Dn,!. f,a.mpy. .d'fe.1.l.~r:!l. .a.,!d. ~.c.c,!?s.o~y. ,g.a.~~!,:,............................... The certificate is issued to. .... ,I'.qH~. ,1'.'. .BERPINKA . . io',vne~jzit&j.,"iliri/&ia'nti . . . . . . . . . . . . . . . . . . . . . af the afaresaid building. Suffalk Caunty Department af Health Approval ...1:1 ( !<. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . " . . . . .. ~ /~. . . ......................, -. ......... PLUMBERS CERTIFICATIDN DATED: N/A ALSO B.P. 11684GZ and C.O. ZI7797 for alterations. ...e1~.?-~................. / Building Inspecto.r Rev.l/B1 '~- --- . . TOWN OF SOUTHOLD OFFICE OF BUILDING lNSPECTOl\ TOWN W\LL SOUTHOLD, NI~W YOnK CEl\TIFICATE OF OCCUPANCY NONCONFOl\MING PREJ\USES THIS IS TO CERTIFY that the /Y:4 /~ CJ Land Building(s) Use(s) Pre e.o. #- 2-15891 Date- located at -/336 - 1280 Factory Avenue Street shown on County tax map as District 1000. Mattituck, New York Hamlet Section 142. Block 01 Lot 07 . does(not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area; set-back (rear) of accessory barn On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming C'4 Land /X/ Building(s) (~/Use(s) existed on the effective date the present Building Zone Code of the TOWll of Southold. and may be continued pursuant to and subject to the appli- cable pro\'isions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains 2~ story, one family, wood framed dwelling with accessory barIl-garage and all situated ill 'A' Residential Agricultural zone with access to Factory Avenue a Town Road The Certificate is issued to PETER BERDINKA JR. (owner .X4e~~II~liiliX) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDER WRITERS CERTIF'ICA TE NO. N I A NOTICE IS HEREBY GIVEN that the owner of the above premises J-lI\S NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- . ances, other than the Buildinrr Zone Code, and therefore, no such inspection . 0 has been conducted. This Certificate. therefore. does not. and is not intended to certify that the premises comply with all other applicable codes and regula- tions. \J;~~~ :;Jllilai:~.: lJ1St)C~ctor / . . BUILDI~':G DE?:\RT:.SiiT TO';!N OF SOUTF-iOLD, N. Y. F-iOUsn:G CODE nrS?ECTIO;r RE?ORT Loc~tion ]260 FACTORY AVE. ,numoer ~ screec:) Subdivision Map No. MATTI TUCK (i'lUlUClpa.Li r:.y) Lot(s) Name of Olmer(s) JOHN J. BERDINKA Occupancy R] ( type) JOSEPH EDGAR (ol'mer-r:.enanc) Accompanied by: SAME Ad..';litted by: Key available Suffolk Co. Tax No. 142- ]-8 Source of request JOHN J. BERDINKA Date FEB. ]0, 1989 .--.-..---.- . D1HELLING: Type of construction WOOD FRAME . PARTIAL WOOD Foundatlon BRICK/CONCRETE Total rooms, 1st. Fl 3 Bathroom(s) ONE Porch, type FRONT Breezeway Type Heat NATURAL GAS Fireplace(s) Domestic hotwater NATURAL GAS #stories 2 Cellar 2nd. Fl Toilet type Crawl space 2/3 3rd. Fl Deck, Garage . Warm Air No. Exits Patio type --- , - Utili ty room REAR MUD ROOM Hotwater XX Other 2 Type Airconditioning heater ACCESSORY STRUCTURES: Garage, type const.WOOD FRAME SWimming pool Other Storage, type const. Guest,. type const. VIOLATIONS: Housing Code, Chapter 45 N. Y. Location OUTSIDE TH ~~iE~~~~R AHA Descrintion State Uniform Fire Prevention & Buildina Code I Art. I Sec. I I I I I I -1 I I I I I I NO SMOKE DETECTOR Remarks: HOUSE IN GOOD REPAIR. Date of Insp. 2/]5/89 . Time start 2.:30 end 2:50 Inspected . . 1280 Factory Avenue Mattituck, New York 11952 December 10, 1999 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Lot Line Change for John and Helen Berdinka SCTM: 1000/142/ I /7& 8 Dear Sirs: This application for a lot line change is being submitted because we would like to increase the side-yard oflot 7. We own and reside in the house on lot 7. The houses on both lots 7 and 8 have been in the Berdinka family since they were built. Between these two houses there is a rock garden which was built by the family over seventy-five (75) years ago. We would like this garden to be on lot 7 since this is the house in which we make our home. As you will note from the block survey attached, there are other homes on this street which have a frontage of fifty (50) feet or less so this change would not alter the character ofthe neighborhood in any way. Thank you for your kind consideration of this matter. ;;;:lOjJ~~Cv John J. Berdlnka ~JJ.~ Helen G. Berdinka DCR:kr real/berd-pb.ltr . APPLICANT 'l'JlANShC'rrON^I.. lJ.rSCJ"OSnnR FOnH . The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town officers and employees. The Ur ose of this form is to rovide information which can alert the town of Possible conflicts of Interest and allow it to take Whatever act(on Is necessary to avoid same. YOun N^Hfl, BERDINKA, (Last name, first na,ne, middle Initial, unless you are applying In tile Ilam~ of someone else or other entity, SUch as n COmpnny. If so, indlcnte the other person's or company's name.) G BERDINKA JOHN J. AND HELEN . N^TUnF. OF ^!'I'I,IC^TION, (Chec" n II thnt apply.) Tax grievance Va r lance Change of zone Approval Of Plat _____ Exemption from Plat;. or Official map Other X (If "Other," name the activity.) "0 you pel:"ROnaU'y (or thl:"ongh YOUl:" company, RPOune, Rlb1ln", pal:"ent, 01:" child) have a I:"e1atIonRhlp Vltb any officel:" 01:" employee of the Tovn of Southold1 "nelatIonRhlp" IncI..des by blOOd, .al:"I:"Iage, or b"sIness Intel:"est. -""sIneRs inte"',st" .eans a bUsiness, InCLUding a P"I:"tnel:"shlp, In vhich the tovn officel:" 01:" emplOyee has eVen a pal:"tIal OVnel:"ship of (or employment by) " COrPOl:"atIon In vhich the tovn off I eel:" 01:" e.ployee OVns .ol:"e than 5% of the shares. Lot Line Change YES - NO x - If you ansvel:"ed "YES," CompJ.ete the balance of this form and date and sign where indicated. Name of person empLOyed by the Town of Southold Title or POSition of that person Describe the relationShip between Yourself (the apPlicant) and the town Officer or employee. Either check the appropriate line ^) through OJ and/or describe In the space PCOvided. The town Officer or employee or his or her sPouse, slbll"g. parent, or child is (check all I:hat; apply) I ^) the OVner Of greater than 5% of the shares of the - corporate stock of the aPPlicant (When the apPlicant Is a corpOration); _8) the legal or beneficial oWner Of any interest in a noncorporate entity (when the apPlicant is not a corpOration): _C) an Officer, director. pa<tn,,<, or employee of the ilPPlicaUl; or __0) the actUal apPlicant. DESCRIPTION Of' RELl\'rIONSIIIP S lIbmitte~1 t is! .. Z 02!fg~9 Signf'ltlJre ~ ~ t:Ct /' - I'r 111 t 110 e -~h ':J: &1' dl;'k..a... f . . i , I r- -49;Z: . 11 b ,-, .. 'oj . ~, '-; /Ii: '< , II'> ,,,,;" ... , ~. .j) '..,.. 1 '\. 1 ill ! ~ I <:: i ~ i ! I I 1 I i '/ II h NoN!:> ,..' ""',-' -"\..;'~.'::''''.'lT''''''':>.~_._..r~_ ,_._ ., "r~\""~;.'1"::"': ,.."... .-- ~"-''"'--:::'~''':'' :'..?:~':j')~1'!'%';,~:',~"'~'''' .,.,..~~,Jtt..:_~--~:.;_..'~-.-i>-..... ,.".....~.~..;~;.,: tmH""L I J \- I __H:_?~~4~~~~~"e. ._.__L.' I '4/.ZS --r--..... 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