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6158
APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 .,, ,,RECEIYED + I I'-'"t G JUL 2 2008 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF JUNE 16, 2008 Southold Town Clerk ZBA # 6158 - Application of MICHAEL JUDGE Property Location: 13007 Oregon Road, Cutchogue CTM 1000-83-2-11.14 (also formerly referred to as part of CTM 83-2-11.10) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a reply dated May 28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. LWRP EXEMPT: This application is exempt under Town Code, LWRP Section 268-BB, since no natural resource feature was found within 100 feet of the buildings requested under this zoning variance. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 3.43 acre parcel in an R80 Zone and is improved with a single family dwelling and accessory garage under construction. The lot measures 277 feet wide along the southerly property boundary fronting on Oregon Road, 270.71 feet wide along the northerly boundary along the high water mark of the Long Island Sound, 707.61 feet deep on the easterly boundary and 704.33' deep on the westerly boundary, as shown on the survey by Young and Young dated January 30, 2008. Page 2-June 16, 2008 ZBA # 6158 - Michael Judge CTM 1000-83~2-11.14 BASIS OF APPLICATION: Request for Variances under Section 280-15, based on the Building Inspector's April 7, 2008 Notice of Disapproval concerning an accessory swimming pool and accessory pool storage building, proposed in a side yard rather than the code-permitted location in a front or rear yard. RELIEF REQUESTED: The applicant proposes to construct an accessory in- ground 28' x 14' swimming pool and 6' x 14' hot tub, and an accessory pool- storage building measuring 14.38' x 13.69' x 15.4' high, and pergola, all located in the westerly side yard, as shown on the January 30, 2008 site survey. ADDITIONAL INFORMATION: The accessory (pool storage) building will contain a half bath, changing room, bar, refrigerator, sink and dishwasher. There is no indoor bath or shower facility, heating or air-conditioning, and the owner's plan is to use the accessory building seasonally for pool-storage (and not for sleeping quarters or dwelling.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 29, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lot is very large, and is heavily wooded with no visible neighbors. The proposed structures all have conforming setbacks to the side property line, and if attached to the house would meet all required setbacks and locations. The proposed accessory structures are in keeping with other buildings in the area. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because there are Covenants and Restrictions on the property prevent any construction and structures being built within 150 feet of the Page 3- June 16, 2008 ZBA # 6158 -Michael Judge CTM 1000-83-2-11.14 bluff, thereby substantially reducing the size of the buildable area. In addition, a water line runs through the front yard facing Oregon Road. 3. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial. The proposed pool has a westerly side yard setback of 47.85 feet and the proposed pool storage building has a 25.17 ft. side yard setback. A portion of the proposed accessory pool storage building is in the side yard and a small portion of the proposed pool is near the rear yard of the property. 4.. Town Law §267-b(3)(b)(5). The difficulty was self-created but is the result of Covenants and Restrictions on the subject property. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed pool will be set back at least 150 feet from the top of the bluff. A letter from Douglas Adams, P.E. dated June 2, 2008 and received in the ZBA office on June 5, 2008 describes the proposed drainage in the area of the pool, which is on relatively fiat ground, as requiring minor grading alterations to the north to direct storm-water run-off to the general area around the pool, where leaching collects and recharge the run-off to keep it away from the bluff, and handle any other run-off in the rear yard. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory pool and pool (storage) building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, and shown on the January 30, 2008 survey by Young and Young, and diagrams prepared by Foley-Fiore Architecture with ZBA date-stamp Apr. 17, 2008, subject to the following Conditions: 1. The pool shall remain open to the sky. 2. Pool mechanical equipment shall be housed in a sound-dampening Page 4 - June 16, 2008 ZBA # 6158 - Michael Judge CTM 1000-83-2'11.14 The pool storage building shall be unheated and without air- conditioning or an indoor shower. 4. The accessory pool storage building shall not be used for sleeping or any use other than an accessory seasonal use associated with the recreational aspects of the accessory swimming pool. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Member_~2oal~x. inger (Chairman), Dinizio, Simon, and Weisman. ' ~i~~y). Oliva, / ~ /~-~ ~-' / /'// /g~e~ P. Goe~ringer,~hai;i~'~6/~/2008 ~ed for Filing ~ / A'/O~cO' Co~.s '~. I N~T Young & Young 400 Ostra~%de~ Ave~e, Riverhead, Ne%u York 11901 631 - 727-2303 NOTt5 HAP PW.:EPAW. ED FOR 1,41GH, AI L JUD I Town of ~out:hold Gount:~j, Ne,~ York Ooun~:~ Tox Mop ul.tn0t I000 s..tf0n 8~ s~0.~ 02 ~ot F'/O Il.lO ®,,..-,.~ 0,,..-,~ Pool House FOLEY' FIORE ARCHi i I~CTURE Cambridge, MP~ 02141 617 -547. 8fl02 Job: Pool House / HOUSE PLAN FOLEY' FIORE ARCI-IITECTURE. Pool House ! PAGE1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 7, 2008 TO: Charles Cuddy for Michael Judge 445 Grilling Avenue Riverhead, NY 1101 Please take notice that your application dated March 5, 2008 For a permit tbr an accessory pool & pool house at Location of property: 13007 Oregon Road, Cutchogue, N Y County Tax Map No. 1000 - Section 83 Block 2 Lot 11.14 Is returned herewith and disapproved on the following grounds: The construction of an accessory pool and pool house on this conforming, 3.5 acre parcel in an RS0 Zone is not permitted pursuant to Article III, 280-15 which states: "In the AC... districts, accessory buildings & structures or other accessory uses shall be located in the reouired rear yard, subject to the following requirements:" The construction survey indi..c.ates the ~ronosed ~ool & uool house will be located in the side yard. t, APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee:$ Filed By: For Of~Ca~e~s~g;/eyd/Assignment No. ¢! ~ / ~f~'~~ Office Notes: / ItonseNo. 13007 Street Oregon Road Hamlet Cutchogue SCTM1000 Section 83 Block2 Lot(s) 11.14 LotSize 't.4~41~ Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 7. 2008 BASED ON MAP DATED January 30~ 2008 Applicant(s)/Owner(s): Michael Judge and Ellen ¢ostello MailingAddress: 189 East Lake Shore Drive #4W, Chicago, IL 60611 Telephone: N/A Fax #: N/A Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Charles R. Cuddy, Esq. for (X) Owner, or ( ) Other: Agent's Address: po }lax 1547, Riverhead~ NY 11901 Telephone (631~ 369-8200 Fax#:(631) 369-9080 Email: charles.cuddy@verizon.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or 33 Authorized Representative, or [] Other Name/Address below: 2008 WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~ and DENIED AN APPLICATION DATED Ap.~ ] q: ?c}O8 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction rqOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- 15 Subsection Type of Appeal. An Appeal is made for: · A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, ~ has not been made at any time with respect to this property~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) Name. of OwRer: ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The pool is a customary accessory use and the pool and pool house setbacks from the side line are the same as for construction of the home. (2) The benefit sought by the applicant CANNOT be achieved by some method ~asible ~r the applicanttopursue, otherthan an area variance, because: The applicant is constrained by the Covenants and Restrictions and by the existing wooded area on the east side of the property. (3) Theamountofreliefrequestedisnotsubstantialbecause: A variance is not substential because the pool and pool house are setback from the property line and are close to the rear yard. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The pool is a permitted accessory use and its location as well as location of the pool house will not adversely effect the environment. (5) Has the alleged difficulty been self-created? ( )Yes, or g)No. Are there Covenants and Restrictions concerning this land: [] No. ~1 Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, /IND PLE,4SE COMPLETE THE -4TZ4CHED USE V. dRI~NCE SHEET: (Please be sure to consul~.your attorney/) a J 'gn~tu~e of A~p~llan/or Authorize~ Agent Sworn to before me this t~.~ (Agent must submlt l~ritten/Authorlzatlon from Owner) day of ~ qql.~ , 20 0~ Notary Public ] Halina B. Lesnicki { Notary Public. State of Illinois Michael Judge and Ellen Costello 189 East Lake Shore Drive #4W Chicago, IL 60611 We, Michael Judge and Ellen Costello, owners of the property identified as SCTM# 1000-83-02-11.14, located in Cutchogue, New York, hereby authorize Charles R. Cuddy, Esq. to act as our agent and handle all necessary work involved in the variance application with the Zoning Board of Appeals. Sworn to before me this ~ ~/ day of ,2008. Notary Public Sworn to before me this 025/ day of /T/~ , 2008. Notary Public Halina B. Lesnicki Notary Public, State of Illinois ~,o~l n o,f Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for perm/ts* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review La~v. This assessment is intended to supplement other information used by a Town of Sonthold agency in making a detem~ination of consistency. *Exce?t mi~or exempt actions including Bu/ldh~g Permits and other ministerial pe~Tnits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form shonld review the exempt minor action list, policies and e?~planations of each policy contained in the Town of Southo]d Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal ~ea (wlfich includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maxhnum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWR-P policy standards and conditious, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nolthfork.net), the Board of Trustees Office, the Plamting Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 ~ 83 02 -11.14 The Application has been submitted to (check appropriate response): Zoning Board of Appeals TownBoard ~-~ Planning Board ~-] Building Dept. ~-~ Board ofTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) -(c}----P~it, approval, c~]~6h~ib-rii .... : .............. Nature and extent of action: Construction of an accessory pool and pool house Locationofaction: 13007 Oregon Road, Cutchogue, 1~ Site acreage: Present land use: single family dwelling Present zoning classification: R-80 If an application for the proposed action has been filed with the Town of Sonthold agency, the following infonnation shall be provided: (a) Nameofapplicant: Michael Judge artd Ellen Costello (b) Mailing address: 189 East Lake Shore Drive IJ4W Chicago, IL 60611 (e) Telephone number: Axea Code ( ) N/A (d) Application number, if any: N/A Will the action be directly undertaken, reqnire funding, or approval by a state or federal agency? Yes ~ No [] If yes, which state or federal agency.'? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evalnation criteria. [~Yes [~ No [-~ Not Applicable Attach additional sheets if necessary Pohcy~.~?rot~t and pt-~seWve-h-islo~ic a~'d a~r~h,'ie~ o~glc' aiYesources o~[~3a~ oT~t~ee LWRP-' Section III - Policies Pages 3 through 6 for evaluation criteria ~-] Yes F-~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhauee visual quality and protect scenic resources throughout the Town of Sonth01d. See LWRP Section IIl- Policies Pages 6 through 7 for evaluation criteria [~] Yes ~ No ~ Not Applicable Attach additional sheets if nccessal y NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IIl- Policies Pages 8 through 16 for evaluation criteria [--] Yes No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria [~] Yes [~] No [~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies~P_ages 22 through 32 for evaluation criteria. '[--] :Yes' [-~ iN; [] Not Appiic;bi¢ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - ?olicies Pages 32 through 34 for evaluation criteria. Yes ~] No [] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~] Xes [-~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. ~-] Yes ~ No[] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in ratable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -[~Y~ [~-No '~qSlbt AlSPlic ahl~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [] No [-~ Not Applicable Created on 5/25/05 11 .'20 AM APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: M±chael Judge an Ellen Costello Date Prepared: 03/24/08 I. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~n accessory pool and pool house Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3.595 sq. ft. Proposed increase ofbuilding coverage: 672 sq.ft. Square footage of your lot: 149.467 ./42 Percentage of coverage of your lot by building area: 3% V. Purpose of New Construction: Construction of an accessory pool and pool house _ on a residential lot VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): It is not the land contours but the covenants and bluff set back requirements as well as the tree line that presents difficulty in meeting the Code requirements. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 I S£QR 617.21 Appendix C State Envfronmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM ,For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name Michael Judge and Ellen Costello ] 3. Project location: Municipality County Southold Suffolk ] 4. Precise location (Street address and road intemections, prominent landmarks, otc, or provide map) 13007 Oregon Road, Cutchogue, NY SCTM# 1000-83-02-11 . 14 5. Is proposed actior,: I-X) NEW ( ) EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe project bdefiy: The applicant wishes to construct an accessory pool and pool house. 7. Amount of land affected: Initially: 3.4313 acres; Ultimately: 3.4313 acres 8. Will proposed action comply ~th e;ds~ing or other e~sting land use restdctionS:(x ) YES ( ) NO If No, descdbe bdefly: ]i. What is present land use in vicinity of project: (describe): (X) Residential, ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10. Does action involve a po.nit approval or ~nding, now or ultimately from any o her Governmen a agency,(Federal, State or Local) ? tX) YES ( ) NO If Yes, list agency(s) and permlFapprovals: oning Board of Appeals-variance approval uilding Department-Building Permit 11 Does any aspect of the action have a currently valid permit or approval? ( ) YES ( ) NO If Yes, list agency(s) and permit/approvals: N/A /2. As a result of proposed action, will existing permit/approval require modification? ( ) YES ( ) NO If Yes, list agency(s) and pencil/approvals: N/A I certify that the information provided above is true to the best of my kn, owledge Applicant/SponsorName: ~ichael Judge andz~C~lie. J'' ~"{/ qo~tello ~ cate: ]_,...__]_]I4Jg~ZLO,~'~ { If the action i,~ in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this cssessment QUESTIONNAIRE FOR FII,1NG WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [3 Yes X~ No Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? lq/^ 3) Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? 'les If yes, please submit a copy of your building permit and map as approved by the Building Departmentanddescribe: construction of a single family dwelling and gar. age G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel residential use-single family d!.,all~ncr andproposeduse same with an accessory pool and pool h. ouse (examples: ~'xi~ng: s]~ngle-family; proposed: same...with garage or pool, or other description.) Authorized Si~afl~,//and Date ~ t' 2/05;1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (~net'ol 1 n g] 1 ~,n (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below ~'here indicated. Name of person employed by the Town of Sonthold: Title or position of that person: N/A Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Jndga Michael (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: N/A Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP YOUNG & YOUNG 400 O~trander A venue Rivet'head, New York 11901 Telephone 631 - 727-2303 Facsimile 631-727-0144 admin~hyoungengineering, c~om IlOWARD W. YOUNG, Land Surv~9,or TIIOMAS C WOLPERI~ Pr~'ssional Engineer ROBERT C, TAST. Architect DOUGLAS E. ADAMS. Pro[bssional Engineer Town of Southold, Zoning Board of Appeals Attn: Ms. Leslie Weisman 53095 Rte. 25 PO Box 1179 Southold, New York 11971 Re: ['Michael Judge k.?regon Road A;t'lZfitchogue, Town of Southold, New York SCTM No: 1000-83-2-11.11 (2007-0112) Dear Ms. Weisman, Pursuant to your request, we off'er the following comments regarding drainage in the area of the proposed pool, at the above referenced property; The proposed pool area is relatively flat but requires subtle grading alterations to the north, specifically a small cut. This will result in stormwater run-off entering the general area around the pool. Leaching pools will be utilized to collect and recharge this run-off and any other stormwater generated in the rear yard area, as a result of the improvements. These facilities will be designed with the intent to direct run-off away from the bluff utilizing sound engineering practices. Please feel tree to contact us if you have any questions or need any additional information. Best regards, D~u~/~'~dams, P.E. /dea cc: Charles M. Cuddy> Esq. Michael Judge Planning Engineering Land Surv~?ing Architecture CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK Mailing Address: EO. Box 1547 Riverhead, NY 11901 TEL: (631) 369-8200 FAX: (631)369-9080 E-mad: charles.cuddyQ>verizon, net May 21, 2008 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Michael Judge and Ellen Costello SCTM#1000-83-2-11.14 ~ :.,:. :.-,,-.0 OF APPEALc-_ Dear Ms. Kowalski: CRC:ik Enclosures Enclosed is an Affidavit of Mailing together with the white receipts postmarked by the Post Office as proof of mailing legal notice in reference to the above application to the adjoining property owners. Very truly yours, Charles R. Cuddy ~ CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFI NG AVENUE RIVERHEAD, NEW YORK Mailing Address: 120. Box 1547 Riverhead, NY 11901 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 April 11, 2008 TEL: (631) 36%8200 FAX: (631)369-9080 ~~.cuddy@verizon.net / Re: Michael Judge and Ellen Costello-13007 Oregon Road, Cutchogue, NY SCTM#1000-83-2-11.14 Dear Board Members: On behalf of our clients, Michael Judge and Ellen Costello, we are submitting an application for a variance permitting the pool and pool house in a side yard. In this connection we are enclosing the following: 1. Seven (7) sets of application to the Zoning Board of Appeals: a. Application together with the Declaration of Covenants and Restrictions b. Disclosure Affidavits of Michael Judge and Ellen Costello c. Short Environmental Assessment Form d. Questionnaire with the attached existing Building Permits e. Applicant's Project Description f. LWRP g. Notice of Disapproval from the Building Department h. Survey i. Diagram j. Photos of the "staked" area proposed for construction k. Copy of the Deed 1. Authorization Letter m. Check in the sum of $600.00 Please advise if the application package meets your requirements and when this matter will be placed on the Board's agenda. CRC:ik Enclosures Very truly yours, Charles R. Cuddy New York State Departr t Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 · FAX: (631)444-0360 Website: wvvw.dec.state.ny.us of Environmental Conservation Erin M. Crotty Commissioner Letter of Non:Jur sdiction - Tidal Wetlands Act April 7 2005 Michael Judge 247 East 71s~ St New York NY 10021 Judge Property, ROW off Oregon Road, Cutchogue SCTM: 1000-083-02-p/o 11.10 DEC No. 1-4738-03564/00001 Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that the property landward of the top (crest) of the bluff, as shown on the survey prepared by Howard W. Young, dated April 21 2005 and last revised January 13 2006, is beyond the jurisdic!ion of Article 25 (Tidal Wetlands Act). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within tidal wetlands jurisdiction which may result from your project. Such precautions may include maintaining an adequate work area between the tidal wetland jurisdictional boundary and your project (i.e., a 15 to 20 feet wide cghstruction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, George W. Hammadh Deputy Permit Administrator ksw cc; Bureau of Marine Habitat Protection Young & Young APPEALS BOARD MEMBER~ Gerard P. Goehringer, Chairman Ruth D. Oliva Jmnes Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOLITHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 June 20, 2008 Charles Cuddy Esq. P. O. Box 1547 Riverhead, NY 11901 Re: ZBA #6158 - Judge, Michael Variance application Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's June 16, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 22, 2008 Zoning Appeal No. 6158 Transmitted herewith is Zoning Appeals No. 6158 of Michael Judge & Ellen Costello- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Charles R. Cuddy listing the following: New York State DEC Letter of Non-Jurisdiction- Tidal Wetlands Act, Transactional Disclosure Forms, Short Environmental Assessment Form, Questionnaire, Applicant's Project Description, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department, Survey Prepared by Young & Young, 4 Pages of Drawing by Foley-Fiore Architecture, 4 Pages of Photos of Proposed area of Construction, Copy of Deed, Suffolk County Recording & Endorsement Pages from May 30,2006, Suffolk County Recording & Endorsement Pages from March 31, 2008, Authorization letter from Michael Judge and Ellen Costello to Charles R. Cuddy to Represent them in this matter ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/17/08 R~CEIVED ZBA # NAME CHECK # AMOUNT TC DATE STAMP A~ z~ ~ Judge/Costello (Charles 6158 Cuddy, Esq.) 0671 $600 ;outhold T~w. Clerl~ TOTAL $600.00 ~[li~wn Of Southold ~.O Box 1179 Southold, NY 11971 Date: 04/21/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt'g: 16412 Reference Subtotal 6158 $600.00 Check#: 0671 Total Paid: $600.00 Name: Clerk ID: Cuddy, Charles 445 {permit For Judge/costello} Griffing Avenue Riverhead, NY 11901 CAROLH Internal ID: 6158 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUT}IOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 29, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 29, 2008: 11:10 A.M. MICHAEL JUDGE #6158. Request for a Variance under Section 280-15, based on the Building Inspector's April 7, 2008 Notice of Disapproval concerning an accessory swimming pool and accessory (pool house) building, proposed in a side yard rather than the code-permitted location in a front or rear yard, at 13007 Oregon Road, land adjacent to the Long Island Sound, Cutchogue; CTM 1000-83-2-11.14. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski~,Town.Southold.n¥.us. Dated: May 1, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #8837 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1_~ week(s), successively, commencing on the, 22nd day of May, 2008. · ~' 15~incipal Clerk Sworn to before me this day of ~~2008 suant to ~ ~ ~ ~ ~ L~w and Chap~ 280 (Zo~i~ ~ og ~ 5~5 Ma~ Ro~ (~S~) CHRiSTiNA VOLINSKI NOTARY PUBLIC-STA'fE OF NEW YORK NO. 01.V06105050 Qualified in Suffolk County ,~,m!~;slon Expires February 28, .... .'~ TOWN OF $OUTHOLD P-~OPERTY RECORD CARD FORMER OWNER RES. :C..r¢;t; SEAS.' LAND IMF'. ~'~ 6, O i / ? ~,~E Tilloble 3 Woodland gwampI=nd (/COMM. I IND. TYPE OF BUILDING TOTAL DATE REMARKS 3rushland I~ouse Plot r~tal OWNER LAND IMP_ ~ 2_c:~ /2, ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ' STREET 1 3~)-7 ACR. _2, ,5-~ TYPE OF BLD. I VILLAGE SUB. REMARKS LOT PROP. CLASS ,~PJ:/: 31ff,-/5- TOTAL DATE FRONTAGE ON WAT jBULKHEAD HOUSE/LOT TOTAL 113.-2=11~'14 2/08 ~.o0 ¢.oo'1 Fire Place interior Finish H eaJi' Attic , / j Porch j Rooms 1st Floor Patio j Rooms 2nd Floor COUNTY O; soUND SCH.D. 9 12.2 COUNTY OF sVFFO fox Servi( N ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of Michael Judge and Ellen Costello (Name of Applicants) CTMParcel #1000- 83 - 2 - 11.14 AFFIDAVIT OF LAJLINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) [, Iwona Kodym residing at 5450 Bergen Avenue Mattituck , New York, being duly sworn, depose and say that: On the 28 day of ~qay , 2008 , I personally mailed at the United States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEI?T REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to cu~ent owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office _, for every surroundingpr°perty whiChtheabUts and is across a ~ d, property.pUblic or priv ~.e street, or vehicular right-of-way of recor applicant's A/Ow c~/~/~datO before me this M&~y Louise Santacroce Nota~ Publtc St~t~ ~4 New Y~,t~ I~k~. 01SA6051525 Suffolk Count~ C~11mls$ion Explre~ Nov. 20, 20L.~ PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. SCTM#1000-83-2-7.3 Scott Kaufman 2050 Dignans Road Cutchogue, NY 11935 ZONiNG BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of Michael Judge and Ellen Costello (Name of Applicants) CTM Parcel #1000- 83 - 2 -11.14 AFFIDAVIT OF MA/LiNGS COUNTY OF SUFFOLK) STATE OF NEW YORK) [, Iwona Kodym residing at 5450 Bergen Avenue Mattituck , New York. being duly sworn, depose and say that: On the 20 day o[. May ,. 2008, I personally mailed at the United States Posl Office in Riverhead , New York, by CERT~IED MAIL, RETURN RECEI?T 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 official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or pt'iv ,~,e street, or vehicular right-of-way of record, surrotmchng the pphcm~t s property. Sworn to before me this '&~X'day of May ,2008 (Notary Public) PATRICIA A. CLARK Nolar~ Public. State of New York No. 5711005 Qualified in Suffolk County Comnlis~ion EXpires September 30, 20 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmnbers next to lhe .owner names and addresses for which notices were mailed. Thank you. SCTM#1000-83-2-7.3 Scott Kaufman 249 East 48th Street New York, NY 10017-1526 ZONING BOARD OF APPEALS TOWN Of SOUTHOLD:NEW YORK In the Matter of the Application of Michael Judge and Ellen Costello (Name of Applicants) CTMParcel#1000- 83 . 2 _ ]_1.14 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~, Iwona Kodym residing at 5450 Bergen Ave. Mattituck , New York, being duly sworn, depose and say that: On the 14 day of May , 200'8, I personally mailed at the Uni{ed States Post Office in R±verhead , 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 official records on file with the ~ Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or pdvate street, or vehicular right-of- way of record, surrounding the applicant's property. "- (Signature~/ ,S~.,rn to before me/this // ' ' / ~ ' ~o~ Public) ~ ~ ~.~ NOV. 20,20~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. SCTM#1000-83-2-7.3 Scott Kaufman 249 East 48th Street New York, NY 10024 SCTM#1000-83-2-11.13 Corso Louis C. Corso Ors PO Box 1287 Cutchogue, NY 11935 SCTM#1000-83-2-12.3 Morell, LLC PO Box 1287 Cutchogue, NY 11935 SCTM#1000-83-2-12.5 Oregon LLC PO Box 1287 Cutchogue, NY 11935 SCTM#1000-83-2-12.6 Oregon LLC PO Box 1287 Cutchogue, NY 11935 O?F C AL US r~ [o, PO~ox~o. 249 East 48th Street / ~i~,' ~/~i$,':~/~; ~ ...................................................................... USE C~ Street, Apt. No.; r'- or PO ~ox No. ~).5~ U S E 0~01 m $ ~.~9 ~ ~..~0 Postmark Ce~fied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Louis C. Corso Ors Corso PO Box 1287 Cutchogue, NY 11935 3. Service Type ~'Cerllfled Mail [] Express MaJr r-I Registered J~Return Receipt for Merchandise [] Insured Mai[ [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. A~icle Number (Trar~fer from se~ice label) 7007 0710 0005 6799 1744 PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Oregon, LLC PO Box 1287 Cutchogue, NY 11935 Printed Name) C. Daiwa of Deliv~ery If YES, enter delivery address below: .[~ No 2. Adicle Number ff rans~r from service label) 3. S ice Type ~l~'Certified Mail [] Registered [] Insured Mall [] Express Mall I~'Retum Receipt for Merchandise [] G.O.D. 4. Restricted Delivery? (E~ta Fee) [] Yes 7007 0710 0005 6799 1720 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Moreli, LLC PO Box 1287 Cutchogue, N~ 11935 Agent ~'Addmssee D. Is delivery address different flom Rem 17 0 Y~ If YES, enter delivew addm~ ~low: ~No 3, Service Type Express Mail ~'Certified Mall ~ Return Receipt for Merchandise [] Registered [] Insured Mail [] C,O.D. 4. Restricted Delivmy? (Extra Fee) [] Yes 2. Article Number 7007 0710 0005 6799 1737 A · Complete items 1,2, and 3. Also complete A. Signature IS] Agent item 4 if Restricted Delivery is desired, [] Addressee · Pdnt your name and address on the mveme so that we can return the card to you, B. ReCeived by (Pdnted Name) C. Date of Delivery · Attach this card to the back of the mailpiece, or on the front if space permits. ,~ delivery address different from item 1 ? [] Yes ~ ~S, enter dailvery eddmSS below: [] NO [~ INSUFFICIENT ADDRESS [] ATTEMPTED NOT KNOWN [] OTRE [] NO SUCH NUMBER/STREET da*NOT DELIVERABLE AS ADURESSED - UNABLE TO EORWARU ice Type ertified Mail [] Express Mail ..~ Registered ~'Retum Receipt for Memhandlse 4[] Insured Mai[ [] C.O.D. · Restricted Delivery? (Extra Fee) [] yes PS Form 3811, February 2004 7007 0710 0005 Domestic Return Receipt 6799 1713 · Complete items 1, 2, add 3. Also complete item 4 if Restricted Deliver/is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the f~ont if space permits. A A. Signature X ~ r [] Agent [] Addressee B. Received by ( Ptfnted Name) ~flvery n i. "A':..A--. ~ddmss d~ from item 1 ? [] Yes I-1 INSUFFICIENT ADDRESS ~ 'Jelivery address below: [] NO [] ATTEMPTED NOT KNOWN [] OTNER [] NO SUCH NUMBER/STREET tIIOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD 2. Article Number ,ail [] Express Mail t , ,~u,~,,~ed I~ Retum Recaipt for Merchandrse ~ Insured Mail [] C.O,D. 4. Restricted Delivery? (Extra Fee) [] Yes 7007 0710 0005 6799 1751 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: JUDGE, M. #6158 MAP #: 83-2-11.14 APPEAL: Yard Location Variances REQUEST: Accessory Pool and Pool House DATE: THURSDAY, MAY 29, 11:10 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 i~NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May ,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, May 29, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 12h: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a maiiin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearin.q, providinq the returned letter to us as soon as possible; AND not later than May 13th: Please either mail or deliver to our offce your Affidavt of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 21st: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to May 29, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encis. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 28, 2008 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6158 Action Requested: Within 500 feet of: Judge Yard Location ( ) State of County Road ( X ) Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Maiting Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET COMPANY: From: Zoning Board of Appeals TOTAL NO. OF PAGES INCLUDING COVER: ¥ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice reCOrding) REFERENCE: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: /~JPlease find attached copy/copies of the following: Thank you. Sender's Initials: iWCB-2 Rev 8/99 (unifOrm ack.) Dist. 1000 Sec. 083.00 Blk. 02.00 Lot 011.014 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THiS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ~30~ day of May in the year 2006 THI-q INDF-~ made the ~. , B£TWF..r~ ~n~_~,/m ~ x~.q Tt .= ~ c. o., .~=~ =~ ~-/'~=.~o~_ Luba Corso, Oregon Road, Cutchogue, NY 11935, as to a 34% interest, Regina Corso, Oregon Road, Cutchogue, NY 11935, as to a 33% interest, and Monica Corso Raynor, Oregon Road, Cutchogue, NY 11935, as to a 33% interest party ofthe first pa~,and Michael Judge and Ellen Costello 247 East 71st Street New York, NY 10021 party of the second part, wri~F..~ETI-I~ 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 SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 10/24/2005 and recorded 10/31/2005 in Liber 12417 cp 443 in the Suffolk County Clerk's Office. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER wkh 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 prenfises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part {orever. 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 af0resald~ AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first ~or the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. 1N wrrNF_~S WHEREOF, the party of the first part has duly executed this deed the day and year first above written -~ IN ?RES£NC£OF: ~i o.c5q ~ohica Corso laynor/ * STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOL~ On the-~O day of May in the year 2006before me, the undersigned, personally appeared Luba Corso 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 ins~ument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ins), and that by bis/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the ~nstrument,,o ~ C SIg~ire and Office of individual taking acknowledgment Notary ]{FI~h',~L STRIGKLAND. ~1.~ Public, State ut New * Eot acknflw edgments take. in New York Stat~;v'-'' No. 015T601,,403_¢ __ · Qualit ed in Suffolk C;oum¥ Commis~on Exp rna 09/21~200~ * STATE OF NEW YORK~ COUNTY OF SUFFOLI~ On th~_~_ day of May in the year 2006 before me, the undersigned, personally appeared Regina Corso 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, exec~ff~, the $ignatnre and Offi¢'~ of ind~vidnal ~aking acknowledgment Notary ?n~li¢ Notary PubllC, g..~g~)~l ~i03Ngw Y~ No. 01o , Qual f ed in Suffolk C~gtY0 Commis*mn F. xp res 09] 8i ** State, District of Columbia, Territory, Possession, or Foreign Country ) SS.: 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(ins), 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 . (Inserl the city or other political subdivision and the state or country or other place the acknowledgment was taken), ** For acknowledgments taken outside of New York State. Signature and Office of Individual taking acknowledgment W'IIH COVENANT AG^INST (~RAN'IOE'S ACI'S TITLE NO. Luba Corso, Regina Corso, and Monica Corso Raynor TO Michael Judge and Ellen Costello Distributed by First American Title Insurance Company of New York SECTION 083.00 BLOCK 02.00 LOT 011 .014 COUNTY I~I~Xt~ Su f f o ik Recorded At Request of First American Title Insurance Company of New York RETURN BY MAIL TO: Charles R. Cuddy, Esq. 445 'Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Zip No. E STATE OF NEW YORK : COUNTY OF SUFFOLK : ss.: On the ¢~) day of May, 2006, before me, the undersigned, personally appeared Monica F~ o ,,, ,~ Corso Raynor personally !mown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, execu,~e~hc~instrument. /%.. ,¢ BRENDA k. STRICKLAND Notary Public, State of New "fork No. 01 ST601403¢ Qualified in Suffoik County Commission Expires 09/28/200~L~ Amended 5/25/06 Title No. L-562110-S SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of lined, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly line of land now or formerly of Oregon LLC, at the southeast corner of the premises herein to be described; said point of begirming is distant the following three (3) courses and distances from the northerly side of Oregon Road: (1) North 48 degrees 44 minutes 00 seconds West, 1615.42 feet; (2) South 82 degrees 28 minutes 00 seconds West, 13.29 feet; (3) South 82 degrees 28 minutes 00 seconds West, 187.82 feet; RUNNING THENCE from said point ofbegirming, South 82 degrees 28 minutes 00 West, 277.00 feet to the land now or formerly of Morell LLC; THENCE along said land and along the land now or formerly of Nancy Butkus, North 46 degrees 30 minutes 10 seconds West, 704.33 feet to the approximate high water mark of Long Island Sound; THENCE along the approximate high water mark of Long Island Sound, the following two (2) courses and distances: (I) North 82 degrees 59 minutes 25 seconds East, 205.24 feet; (2) North 81 degrees 37 minutes 47 seconds East, 65.47 feet to land now or formerly of Louis C. Corso, Luba Corso, Regina Corso and Monica Corso; THENCE along said land South 46 degrees 56 mim~tes 48 seconds East, 707.61 feet to the point or place of BEGINNING. TOGETHER with certain Rights-of-Way and/or Easements, which said Rights-of-Way are 50 feet and then 25 feet in width, running from the southeast cmqqer of the premises herein described easterly and southerly to the northerly line of Oregon Road. FOR CONVEYANC1NG ONLY: Together with all right, title ,and interest of, in and to any streets and roads abutting the above described premises, to the center tine thereof. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Inetrument~ EASEMENT/DOP Number of Pages~ 9 Receipt Number ~ 06-0052392 TRANSFER TAX NUMBER~ 05-40304 District= 1000 Deed Amount= Recorded= LIBER PAGE Section: Block: 083.00 02.00 $o.oo 05/30/2006 11=19=23 AM Received the Fo11~wing Fees For Above Instrument Exempt Page/Filing $27.00 NO Handling COB $5.00 NO NYS BRCHG TP-584 $5.00 NO Notation Ce=t. Copies $11.25 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBBR~ 05-40304 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012452 399 Judith A. Pascals County Clerk, Suffolk County Lot= 011.014 $5.00 $15.00 $0.00 $5o.oo $0.00 $118.25 Exempt NO NO NO NO NO Number of pages TORRENS Serial # Certificate # Prior Cfi, # 31 Deed. Mortgage Instrument Ct.E~ OF Oecd I Mortgage Tax Stamp [ Recording / Iqling Stamps FEES Page / Filing Fcc ~ ~ Handling TP-584 EA-5217 (County) EA-$217 (State) '.~) {~ R.P.T.S.A. Comas. of Ed. 5. 00 Affidavit Certified Cop~v Reg. Cop)' Olher 1000 I Section 83 4 District Real Propcgy Agency Verification 1000 08:!00 0200 011014 1000 011300 0200 Safis~ction/Discharges/Release List Property Owne~ Mailing Address RECORD & RETURN TO: Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec. / As.sit. or Sp~:. / Add. TOT. MTG. TAX Dual Towu Dual County Held for Appointment Transfer Tax ~ Mansion Tax The property covered by this motguge is or will be improved by a one or two family dwelling only. YES or NO __ If NO1 $~'-~ appropriate tax clause on page ~(__ of ~his instrumem, 5 Communit~v Preservation Fund Consideration Amount S - 0 - CPFTax Due $ - 0 - hnpmvcd Vacant Land TD /0,9 TD TD Co! Title Company Information Name Tire# g I Suffolk County Recording & Endorsement Page (SPECIFY TYPE OF INSTRUMENT) TO Lbuli Corso, Re~tna Corso, Honlca Corso and Luba Corso The prcmisis hernia is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Cutchogue De~r Taxpayers, Your satisfaction of mortgage has been filed in my office and I am enclosing thc original copy for If a portion of your monthly mortgage payment inoluded your property laxee, you will now need to contact your local Town Tax Receiver so Ihat you may be billed dlrectlv for all furore OrOb~,l~ tax bi[l~. L~cal property taxes ar~ payable twice a year: on or before January l 0~ and on or before May 31 m. Fi/fure to make payments in a timely fashion could r~sul! in o penalty. Please ¢ontoel your local Town Tax Receiver with any questions regarding tax payments. Babylon Town Rer, e[ver of Taxes 200 East Sunrise Highway North LindenhursL NY 11757 (631 ) 95%3004 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (63 I) 473-0236 East Hampton Town Receiver of Taxes 300 Panfigo Place East Hampton, Ny 11937 (63 I) 324-2770 Huntington Town Receiver orTaxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Islip Town Receiver of Taxee 40 N0zsau Avenue Islip, NY 11751 (631) 224-5580 Riverhead Town Receiver of Taxee 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Sheher Island, Ny 11964 (63 l) 749-3338 Stol/blown Town Receiver of Taxes 99 West Main Street Smithtown. NY 11:'/87 (631 ) 360-7610 Southampton Town Receiver of Taxes ' ! 16 Hampton Road Southampton, NY 11968 : (631) 283-6514 .', Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (63 I) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS between tuba Co.rso, an undivided 34% Interest, Regina Corso, undivided 33% interest; and Monica. Corso, an undivided 33%' interest residing at P.O.Box 1289. Oreqon Road, Cutchogue, York, 11935, hereinafter referred Lo as ~IAb&" and an New Louis Corso, as Lo an undiv±ded thirty-one (31%)percent interest; Regina Corso, as to an undivided twenty-three (23%)percent interest; and Mo::ica Corso, as to an undivided twenty-three (23%)percent inserest and tuba Corso, as to an undivided twenty-three (23%)percent interest, as tenants in common, residing a~ P.O.Box ~289, Oregon Road, Cutchogue, New York, 11935, hereina.~ter referred to as ~L~ls". W[TNESSETH Whereas, "!.uba" is the owner o[ .real property, described on the annexed Schedule A, and kncwn as Suffolk County '['ax tau 11.14, and which property is also known as 13007 Oregon .Road, Cutchogue, Town of Southold, Connty of Suffolk and State of New York, hereina[ter referred ~.o a.~ Lot 11.14 and Whereas, "Louis" is [he owner of 5he real property, described on the annexed Schedule B, and known as Suffolk County Tax Map Number 1].]3,which property ~s also known as 1345] Oregon Road, Cutchogue, Town o[ Southoid, County o~ Suffolk and State of New York, hereinafter reierred to as Lot 11.13; and Whereas, " ' -" .ou~ wishes to impasse on Lot 11.14 for the benefi~ of Lot 11.13, certain restrictions on the use of Lot 11.14. Now, therefore, Luba, for hers.elf, its successors and assigns, declares that [.o:' 11.14 is and shall be held, transferred, sold, conveyed and occupied subject to the following covenants, restrictions, conditions and easements (sometimes referred to as "covenants and restrictions") hereinafter set forth. Section 1- Easements and Right of ways: (A) Both Luba and l.ouis mutually reserve a ~en (10) foot right of way running from east to west along the southerly property line of Lot ~1.13 and 11.14, within the 50 foot eass- west right-of-way, and also within the southerly 20 feet of Lot 11.13, roi- the purposes oF installation, maintenance and repair of. existing water sea:vice i.i. nes. Said water lines run along a ten foot easement on the easterly side of Oregon tLC. Louis reserves the right to grant a water service line easement to any other parcels he deems appropriate. (B) The parties mutually agree that, its heirs, successors and assigns shall restore the easement area to its original condition after construction of a house and any accessory structures, as well as construction, installation, maintenance, repair, inspection and replacement of any driveways, water lines and service utilities. (C) It is hereby confirmed that access Lo tho premises shaJl be from a 25~ co~rm~on north/south right-of-way located on the wes'.. side of Steel's property (SCTM~1000-83-2-]O.16)and [.hen I:unning east and west along a 50 foot right of way. Sai. d 50 foot right- of-way is fo!' ~ngress and eg['ess ~o ute premises, except u[i[ities. Wa['.er set:vice runs fL'om the 10' easement described in paragraph 1.A. (along the easterly side of ]and of Oregon, tLC)through Louis's parcel arid in~o tuba's parcel. The electric utilities run from Oregon Road in a northerly direction via the existinq LI]?A l]~.es (located %o ~he east of Steele 1000-~3-2- 10.16 and ]0.]'/)and then running west to and including lot 11.13 and 11.14. (D) A[ the notch end o'-" the common 25 foot right-of-way and alo~.g the 50 foot eas=-wes= riql~t-of-w;~y (on Louis's parcel SCTM,~1000-83-2-1.1.13), Louis has a berm, extensive landscaping, d~:iveway and improvemenss which he wishes I.o retain, tuba hereby grants and Louis hereby reserve all easemen~ for the continued use and enjoyment oi his driveways, landscaping and improvements with!:: the 50 foot eas[-wcst righi%-of-way. .Xo~wichstand[ng [.he driveway show~ on exhibit C and Eb.e 50' east-wes= right-of-way, !.aba shall be limited to a rc::iden~ial driveway ~'un..':[ng along the southerly 20 feel o£ the 50 foot east-w~st right-of-way running along Louis's property (SCTM~000-83-2-11.13). Section 2 - Fences: Nothing herein is int. ended to or shall prohibit fences anywhere on Lot 11.14, except that no fence may be constructed w[thi, n 25 feet of the easuer!y boundar'y of Lot 11.14 ;'unning along lot 1~.]3. Section 3 - Condition of premises: Lot 11.14 shall be kept neat, orderl, y and well maintained. It is not the in-~en=iun of Louis !.haE the beach front; and bluff front areas of Lot 1l.!4 be maintained in other than a na[%ural condition. Sect[on 4 - Completion of construction of residence: The exterior of the residence to be constructed on Lot 11.14 must be 100% completed within 12 moni:hs of gte dace of issuance of a 2 building permit by the Town of Southo]d or commencemont of construct.ion, which ever' is late:', subiect LO f:orce ma)cure. Seci:ion 5 - '!'railers, mobile homes, etc.: No trailer, mobi [e home, !.on:' or shed shall be used as a residence. Section 6 - Signs: No signs other than one displaying owner's name and address shall be erected. Such permitted sign shall not exceed 288 square inches in size. In addition, temporary "For Sale" and small security alarm, "Private Proper~y" an-2 "No Trespassing" signs shall be permitted. Section 7 - Animals: No animals, other' than the usus! and customary inside household pets, shall be ke~t on the premises and such pets must be confined to Loc ]1.14. Horses are prohibited. No coops, outside cages, dog runs or other strucnures for housing animals shall be erecned without the approval of Louis, as determined by Louis, in its sole and abso!u~e discretion. Sec!.lon 8 - Garbag,.'., debris: No portion of Lot 11.14 shall be used o~: mainta~nec-' aa a dump!nS cJFound for rubbish, trash, garbage or other waste including compost. All household garbage shall be stored i:: a closed container(s], screened [rom view and shall be removed from the pres!scs noL less than once per week. Section 9 - Boarding up of structures: No residence and accessory s%ructu~ics shall be boarded up, nor shall any w~ndows or entrances be sea]ed for any extended period of time, except in case of fire or similar catastrophe. Section ~0 - Rental: No portion of the residence shall be tensed to boarders or transients, and no Bed & Breakfast, or other such use shall be permitted (no seasonal rental shall be permitted.) '['his provision is not in=ended !.o and shall not pr©hiblt the rental of Lot 11.14 ~o tenants relaLed :.c one another, or !.he housing of housekeepers, home health aides, nurses, nannies or similar personnel. Section 11 - Vehicies/bnats: Commercial vehicles and commercial boats shall only be stored ~n a garage. Non-commercial vehicles including ~rucks, b~.,ats, mobile ho.,nes, campers, recreational vehicles (RV) or trailers, limited to one., may be stored out of doors. Section 12 - No structure or construc{:ion shall take place within 150 feet seaward of Lhe top of the Section ]3 - Landscape buffer area: Schedule C de.oic~s an area described as "l,andscape buffer area" 25 feel. J.n w.[~'-':.i: a:on~ the easterly property line of Lot 11.14. Naturally occurrknq t::eus a~:d plants in the buffer area shall not be disturbed the owner of the premises replaces such ~rees or plants with nursery stock which provide comp~able or bester screenir, q. Section 14 - EasLel:ly side yard setback: Anne:~ed hereLr) as Schedule C is a survey o~ Lot 11.14, No building or structure, whether permanent or temporal-y, sha!i ~e e~ected or maintained within 5he area noted thereon as "25 fee: easterly side yard" o£ Lot 11.14. Section !5 - Maintenance of ri(;h: ef wav: Lot 11.14 is benefitted by a 25 foot right of way and easement ~or inqress and egress, excepL uti. lities, in common wi~h o5hers, and beginning cn the north side of Oregon Road, north ~o land of Louis, then east to lo~ 10.12. The owner of Lot 11.14 s~%a!! be responsible for one-fiiLh of ~he cost to repair and ma~nEain Ehe road and drainage, inc!udJng, bug not limited ~0 snow removal, for the entire length of said right o[ ways from Oregon Road to the 50 foot east-wes~ right-of-way from 11.14 :o the wesl. er]y bol'der of land now or formerly of Solinger (SCTM$i000-83-2-10.]2). The exten~ of routine repair and maintenance of sa)d !'.)ght of way shall be determined by the owner of Lo~ 1] .13, in J.~s sole discretion. Snow removal shall be required as needed. Paymen[ of one-fifth of the cost of snow removal and routine repai~ and maintenance shall be due and payable within 30 days of the presentation of the receipted statement and request for payment. Section 16 - Bulkhead and bluff vegetation: The owner of lot 11.14 shall maintain the bulkhead and blu~-front vegetaLion on Lo~ 11.14 and as to the bulkhead, repair any damage, as soon ns practicable, a~d t~ rnair~t:~i!'~ bu]khe~d as bu!i~. Secl:J.::.n ]7 - Tn the event of breach o~ any p;'ov.ision o£ these covenants and r(:strictions, Loui. s, his s~cc(:ssors o~ assigns, after 30 days notice tc remedy said vioiazion or breach, shall be entitled to recover any and ali costs and expenses incurred, including reasonable azcori~eys fees. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. 4 TN WITNESS WHEREOF, the par~ies hereto have set their hands and seals on the day and year first above written. ,.ouis Cors~ State of New York ) ):ss.: County of Suffolk ) On the~daYI of May in the year 2006 before me, the undersigned, personally appeared Luba Corso, Regina Corso, Monica Corso and Louis Corso, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument./~ ~' ~ ~ ~-'Notary P~blic ,,mg~e o~ Nm, ~,~ Title No. L-$62110-S SCI4EDUI.,I~ A - DESCRIPTION ALI, Ihose certain plots, pieces or parecls of land, with tho buildings and improvements thercon erected, situate, lyi,~g and being at Cutehogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded mtd described as follows: BEGINNING at a point on the northerly line of land now or formerly Oregon L, LC., said point being situ.4te the following two (2) courses and distances from the intersection of tho boundary line between laml now or ibrmerly Oregon LLC on thc west and land now or formerly of Timothy T. Steele and Jeanne F. Steele on the east and the northerly side of Oregon Road, said boundary line also being the westerly line cfa certain 25 foot right of way; 1. North 48 degrccs 44 minutes 00 seconds West 1,602.13 feet along said boundary line; 2. South 82 degrees 28 minutes 00 seconds West 201.11 feet along the northerly line of la~d now or fom~erly Oregon LLC; RUNNING THENCE from said point of beginning South 82 degrees 28 minnies 00 seconds West along land now or formerly Oregon LLC 277.00 Feet to land now or formerly Morell LLC; RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land now or formerly Morell LLC and along land now or formerly Nancy Butloas 740.33 feet to the high water mark of tile Long Island Sourtd; RUNNING THENCE North 84 degrees 43 mhn, tes ~8 seconds East along the high water mark of the Long Island Sound 278.84 feet to Lot 1, as shown on Map prepared for Louis Corse aqd Luba Corse; RUNNING THENCE South 46 degrees 56 minutes 48 seconds East along Lot I, as show,a on Map prepared for Louis Corse and Luba Corse 730.77 feet to the point or place of BEGINNING. CONTAINING an area of 3.5771 acres. TOGETHER WITH certain r~ghls ofwdy and/or casements shown on the aforementioned map prepared for Louis Corse and L~ba Cors6. FOR CONVEYANCING ONLY: Togelher wilh nil riehl, lille alia interest 0f~ in and In any streets and roads nbulling A ALL those certain plots, pieces, or p~cels of land, with the buildings and improvements thereon erected: siruate, lying and being at Cutchogue, Town of Sourhold, County of Suffolk and State of New York, known and designated as Lot 1 and Lot 2, as shown on Map Prepay'ed for Louis Corso &Luba Corso (Lot line Change) prepared by Young & Young Land Surveyors, Riverhead, New York, last dated July 18, 2005, more particularly bounded and described as follows: BEGINNING at the northerly terminus of the boundary line between land now or formerly Oregon LLC. on the west and land now or formerly of Timothy T. Steele & Jeanne F. Steele on the east, said point being situate North 48 deg. 44 min. 00 sec. West as measured along said boundary line 1,602.13 feet Dom the intersection of said boundary line and the northerly side of Oregon Road, said boundary line also being the westerly line of a certain 25 foot right of way; RUNNING thence from said point or place of beginning South 82 deg. 28 min. 00 sec. West along land now or formerly Oregon tLC 201.11 fe.~t to Lot 2, as sl/own of Map Prepared for Louis Corso & tuba Corso; RUNNING thence North 46 deg. 56 min. 48 sec. West along Lot 2, as shown of Map Prepared for Louis Como & tuba Corso 73(~.'77 t~eet to the l~igh water mark of the' tong Island Sound; RUNNING thence along the high water mark of the Long Island Sound the following three (3) tie-line courses and distances: North 84 deg. 43 min. 48 sec. East 93.02 feet, North 80 deg. 59 min. 55 sec, East 159.50 feet, North 82 deg. 53 min. 39 sec. East 85.44 feet to land now or formerly Louis C. Corso, Regina Corso, & Monica Corso; RUNNING thence South 48 deg. 53 min. 00 sec. East along land now or formerly Louis C. Corso, Regina Corso, & Mopica Corso 709.84 feet to land now or formerly Timothy T. Steele & JeaB. pe F. Steele; , . ,RUNN1 _N.G I.:hen../;e. gouth 69 .deg. 56. min. 25 sec. West along land now or formerly Fimothy T. Steel~.&.~leam(e F. Stdele l'4~.17~fdet to the poiflt or place of Beginning. G. ONTAI~ING an area of 4.5183 Acres. TOGE'I~. -IER WITH & SUBJECT TO certain fights of way and or easements shown on the aforementioned Map Prepared for Louis Gorso & tuba Corso. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 J effries 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined 20__ Approved 20__ Disapproved a/c '~[~ ~ Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mailto:Charles R. Cuddy, Esq. PO Box 1547. Riverhead. NY 11901 Phone: 369-8200 Building Inspector APPLICATION FOR BUILDING PERMIT Date April 3, 2008 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Sig~'~ture of applicant or n~e, ifa ~ration) PO Box 1547. R~verhead. NY 11901 (Mailing address of applicant) State whether applicant ig;0~n__er_~lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Name of owner of premises Michael Judge and Ellen Costello (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer N/A (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location of land on which proposed work will be done: 13007 oregon Road Cutchogue House Number Street Hamlet County Tax Map No. 1000 Subdivision Section 83 Block 2 Lot 11.14 y.~, . .... Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy residential b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars N/A residential * Pool House X Addition Alteration Other Work x swimming pool (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front lq/A Depth Height Number of Stories pool house 8. Dimensions of entire new construction: Front 13.63 Rear 13.63 Height Number of Stories 1 story 9. Size of lot: Front 277 ft. Rear 270.61 .Depth 707. 61_ Rear .Depth 14.38 lO. Date of Purchase ~y, ?oaf Name of Former Owner Louis Corse. Reeina Corse and Monica Corse 11. Zone or use district in which premises are situated R-80 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO X 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES __ NO__ Michael Judge Ellen Cosdaello 14. Names of Owner ofpremises Address ~nxcago, IL Phone No.(312) 475-1586 NameofArchitect David Foley Address334 Cambridge St. PhoneNo (bi/) 56/-uuoz Name of Contractor Address camDrxage, m~ u21~one No~ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES x NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF Suffol~ Charles R. Cuddy being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this _~vc~ dayof /~F~l' 20 08 Notary Public ~/ IWONA KODYM Notazy Publlo, State of New Yol'k No. 01KO6088388 Qualified In Suffolk County Oommtulon Expire8 March ~, t3 i g~a~u[d 6~f App & ar~t ~y FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUISDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33792 Z Date APRIL 4, 2008 Permission is hereby granted to: for : MICHAEL JUDGE & ELLEN COSTELLO 189 E LAKE SHORE DRIVE 4W CHICAGO,IL 60611 CONSTRUCT 1 FAM. DWLG AS APPLIED FOR PER SCHD APPROVAL ~kND NJ LETTERS FROM DEC AND TRUSTEES. HOUSE ONLY. THIS PERMIT REPLACES BP 31942. at premises located at 13007 OREGON RD County Tax Map No. 473889 Section 083 Block 0002 CUTCHOGUE Lot No. 011.014 pursuant to application dated APRIL Building Inspector to expire on OCTOBER Fee $ 4, 2008 and approved by the 2,556.80 COPY Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33793 Z Date APRIL 4, 2008 Permission is hereby granted to: MICHAEL JUDGE & ELLEN COSTELLO 189 E I_JLKE SHORE DR 4W CHICAGO, IL 60611 for : CONSTRUCTION OF AN ACCESSORY GARAGE AS APPLIED FOR. THIS PERMIT REPLACES BP 31945. at premises located at 13007 OREGON RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0002 Lot No. 011.014 pursuant to application dated APRIL 4, 2008 and approved~_t~ Fee $ 335.20 / Auld Si COPY Rev. 5/8/02 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT/DOP Number of Pages: 7 Receipt Number : 08-0028912 TRANSFER TAX NUMBER: 07-22715 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 083.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 03/31/2008 10:01:07 AM D00012545 797 Lot: 011. 013 Received the Following Fees For Above Instrument Exempt Page/Filing $21.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $5.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NI~MBER: THIS 07-22715 PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $0.50 $50.00 $0.00 $106.50 Exempt NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument RECORDED 2008 H~r 3! 10:01:07 Judith R. Pascaie CLERK OF SUFFOLK COUNT? L D00012545 P 797 DT~ 07-22715 Deed / Mortgage Tax Stamp Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 5. 00 FEES Sub Total ~-~ ]. ,~ SubTotal --1~-~ '- Grand Total I 6(.0. ,-~_.~_.}f~' 4 IDistrictl0{ ' Real Property Tax Service Agency Verification 1000 08300 0200 011013 .014 1000 08300 0200 01101~ Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 5 Consideration Amount Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage 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. Community Preservation Fund $-0- ]PF Tax Due $ - 0 - Improved Vacant Land TD TD TD 71 Title Company Information Co. Name Peconic Abstract, Inc. Tit e # Suffolk County Recording & Endorsement Page This page forms part of the attached Michael Judge and Ellen Costello TO Louis Corso. Regina Corso. Monica Corso and Luba Corso Amendment to Declaration of C & Rs and Easements made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Cutchogue BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS THIS AMENDMENT TO THE DECLARATION OF COVEI~IANTS, RESTRICTIONS AND EASEMENTS made this /'~ day of tt~ ,2008, is made by Michael Judge and Ellen Costello, residing at 2-47-~71st Stl-c.:, i'4~. ¥~'.:, NY t-00~1 (hereinafter referred to as "Michael") and 1.~ ~, ~.~~ 'l~x,'~ ~6~) ,~t,~ Louis Corso, as to an undivided thirty-one (31%) percent interest; Regina Corso, as to an undivided twenty-three (23%) percent interest; Monica Corso, as to an undivided twenty-three (23%) percent interest and Luba Corso, as to an undivided twenty-three (23%) percent interest, as tenants in common, residing at 13451 Oregon Road, P.O. Box 1287, Cutchogue, NY 11935, hereinafter referred to as "Louis". WITNESSETH: WHEREAS, "Michael" is the owner of mai property, described on the annexed Schedule A, and known as Suffolk County Tax Map No. District 1000 Section 83 Block 2 Lot 11.14, and which is also known as 13007 Oregon Road, Cutehogue, Town of Southold, County of Suffolk and State of New York, hereinafter referred to as Lot 11.14 and WHEREAS, "Louis" is the owner of real property, described on the annexed Schedule B, and known as Suffolk County Tax Map No. District 1000 Section 83 Block 2 Lot 11.13, and which is also known as 13451 Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, hereinafter referred to as Lot 11.13 and WHEREAS, "Michael" and "Louis" wish to clarify the intent of the language that was stated in the Declaration of Covenants, Restrictions and Easements dated May 28, 2006 and 'recorded in the Suffolk County Clerk's office on May 30, 2006 in Liber 12452 Page 399. WHEREAS, "Michael" and "Louis" are hereby amending the Declaration of Covenants, Restrictions and Easements dated May 28, 2006 and recorded in the Suffolk County Clerk's office on May 30, 2006 in Liber 12452 Page 399 by replacing Section 12 with the following language: Section 12 - No structure or construction shall take place within 150 feet landward of the top of the bluff. IN WITNESS V~IEREOF, the parties hereto have set their hands and seals on the day and year first above written. Michael Judge Elan Costello STATE OF ~ ) COUNTY OF ~[(" ) SS: On the /q'/d"day of'"'--b'~Yl~., in the year 2008, before me, the undersigned, personally appeared Michael Judge, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the ~ t.a-~o . ~ .(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). Notary Public COUNTY OF ~k_ ) SS: On the Iqq'l'day of ~lA,~ol, n, in the year 2008, before me, the undersigned, personally appeared Ellen Costello, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the o~t~oor i ~ .(Insert the city or other political subdivision and the state or c other place the acknowledgment was taken). ina B~ Lesnicki Notary t~}blic. State of Illinois Notary Public STATE OF NEW YORK ) SS: COUNTY OF 3~_J~'~(O/~' ) '\c~ day of ~ '0, On the ~CJ_)~b f~ 2008, before me, the undersigned, personally , in the year appeared Louis Corso, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of w,hich th~hdi'~ual acted, executed the instrument. I~ ~ I ~ ~ Notary Public' (~7 ~ STATE OF NEW YORK) COUNTY Old'linC'O/~' ) SS: BR£NDA L STRICKI No'ary Public. Slate. of New York No. 01STS )14034 Comm~ssmon ExHh os 09/28/2~0 On the /cq-~ day of 2~fi~bCO~fCl, in the year 2008, before me, the undersigned, personally appeared Regina Corso, personalb[ known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and ~i~.t by her signature on the instrument, the individual, or the person upon behalf of wltich the indi'~ual,~e~ed, executed the instrument. c-'lNbtary Pub ic STATE OF NEW YORK ) BRENDA L. STRICKI. ND l*lota~¥ Public. Start? of New Yo~ No. 01 .?/'f50! 4034 Oualffi6d in SuJlolk County Commission Expkes 09/28/20(~0 appeared Monica Corso, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, c,)[~J~ ~ '~¢''''~0 Notary Public Qualiiied in Suffolk County,. Commission FD<pires 09/28/20~0 STATE OF NEW YORK ) ss: COUNTY O ) On the \%ay of' ~:~ .~_ __O-J?___~l _ _ in the year 2008, before me, the undersigned, personally appeared Luba Corso, personally kfiown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and trh.~tt by her signature on the instrument, the individual, or the person upon behalf of which the ind/~du,? aged, executed the instrument. ~'N /~ ~) ~'~ BRSNr3A L. STFtIGH:L Notary Public, Sta!o of New York No. 01ST(~014f 34 Commiss*on Ezph es 09/2S/2090 COUNTY CLE1LK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK SS.: I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Recor, d4hereof, do hereby certify that I have compared the annex .d w th t orig/nal~ff~ RECORDED in under LIBER j,~ ~ ...... ~.,,~- .o,~.~_~ me omce on ~.~.%~./.(..~..~.... , . "~'7;6vec,'_..*..~ ........ taut: .,/..'Z../.....and, that the same is a copy, as reaacte(1, thereot; and of the whole of such original, true In Testimony Whereof, I have hereunto set.,my.l~and and affixed the seal of said County and Court on this..3/.....day of...~..~./~.., 20. ~. SC~EDULI~ A- DESCRIPTION A.LI, those certain plots, pict:es or parcels of land, with th( buildings and improvements thereon erected, situate, lying and being at Cut(hogue, Town of Southold. County of Suffolk and State of New York, more particularly bounded mid described as follows: BEGINNING at a point on the northerly line of land now or formerly Oregon LLC., said point being situtite the following two (2) courses and distances from the intersection of tiao boundary line between laml now or lbrmerly Oregon LLC on tho west and land now or formerly of Timothy T. Steele and Jeanne F. Steele on the east and the northerly side o f Oregon Road, said bounds .ry line also being the westerly l'ine cfa certain 25 foot right of way; I. North 48 degrees 44 minutes 00 seconds West 1,602.13 feet along said boundary line; 2. South 82 degrees 28 minutes O0 seconds W~t 201.11 feet along the northerly line of land now or formerly Oregon LLC; RUNNING THENCE from said point of beginning South 82 degrees 28 minutes 00 seconds West along land now or fom~erly Oregon LLC 277.00 feet to land now or fem,(fly MoreII LLC; RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land now or fomaerly Morell LLC and along land now or formerly Nancy Butlms 740.33 feet to the high water mark of the Long fsland Sound; RUNNING THENCE North 84 degrees 43 mhmtes ~8 seconds East along tho high water mark of the Long Island Sound 278.84 feet to Lot I, as shown on Map prepared for Louis Corso and Luba Corso; RUNNING THENCE South 46 degrees 56 minutes 48 seconds East along Lot I, as shown on Map prepared for Louis Como and Luba Corso 730.77 feet to the point or place of BEGINNING. CON'FAINING an area of 3.5771 acres. TOGETHER WITH certain righls of w:fy and/or easements shown on the aforementioned map prepared for Louis Corso and L[~ba Corse. FOR C('INVEYANClNG O~ L¥: Togelbcr wilh all rlgh{, Illle and inlerest of~ in and tn any streets and romic abutting thc A SCHEDULE B - DESCRIPTION AIL those certain plOLs, pieces, or p~cels of land, with the buildings and improvements thereon erected, siruare lying and being at Cutcbogue, Town of County of Suffolk and State of'New York, -lmown and designated as Lot 1 and Lc shown oll Map Prepared for Louis Como & Luba Corso (Lot Line Change) prepar Young & Young Land'Surveyors, Riverhead, New York, last dated July 18, 2005 particularly bounded and described as follows: BEGINNING at tile northerly terminus of the boHndary line between lar formerly Oregon LLC. on the west and land now or formerly of Timothy T. Steele 1 F. Steele on the east, said point being situate North 48 deg. 44 min. 00 sec. measured along said boundaryline 1,602.13 feet fi.om the intersection of said bonn and the northerly side of Oregon Road, said boundary line also being the westerl a certain 2S foot right of way; RUNNING thence from said point or place of begirming South 82 deg. 28 ~ sec. West along land now or formerly Oregon LLC 201.11 feet to Lot 2, as sh'own Prepared for Louis Como & Luba Como; ' ' RUNNING thence North 46 deg. 56 min. 48 sec. ~est along Lot 2, as shown Prepared for Louis Como & Luba Como 73~.'77 Peet to the l~igh water mark of ff Island Sound; ' RUNNING thence along the high water mark of the Long Island Sound the following three (3) tie-line courses and distances: o North 84 deg. 43 min, 48 sec. East 93.02 feet, North 80 deg. 59 min. 55 sec. East 159.50 feet, North 82 deg. 53 min. 39 sec. East 85.44 feet to land now or formerl, C. Como, Regina Gomo, & Monica Corso; RUNNING thence South 48 deg. 53 min. O0 sec. East along land'now or Louis (2. Corso, Regina Corso, & Mogica Corso 709.84 feet to land now or formerly T. Steele &.deaBoe F. Steele Y · ~tee~&~-aemm.e F. Sm'de 1'45.17 fdet to the poiflt or place of Beginnin C. ONTAI~ING an area of 4.5183 Acres. TOGETHER WITH & SUBJECT TO certain rights of way and or easements sh] the aforementioned Map Prepared for Louis Como & Luba Como. outhold, ~d by more now Or ~ Jeatllle West as iary line ' line of ~in. 00 )f Map of Map e' Long ' Louis ~erly nothy merly ~n on