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HomeMy WebLinkAbout1000-21.-3-26JOB No. 99-26 TAX I.D. No. 1000-21-03-26 AND 27 NIF DAVrES, CENTKOWSKI, AND WOLSKI N~F CAPuTO 172' o WELL N 52"54'40''E 75,18' N 8g°57'40"E 125.19' ' DWELLING 126' ~:: I MAP OF AQUAVIEW PARK TAX LOT 26 '~ ~o TAX LOT 27 LOT 3 /~ ~_ ~ .... S 86"49'20"W 237.51' 75' SOUTHERN BC~LbLEVARD [ 50'] S 86°49'20"W 200.00' o WELL 125' APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD CERTIFIED ONLY TO: ALICE R, DZENKOWSKI AND WARREN P, WALKER I ~'~, ~ ............ '~' RIGHT OF WAY .I . ~ ,~,~.~"' LIBER 6865 PAGE 260 SURVEY OF: BOUNDARY AGREEMENT T~ LOTS 26 AND 27 ~ST MARION, TOWN OF SOUTHOLD SUFFOLK COUNt, NEW YORK SURWY DATE: 04/05/05 SCALE: 1"=50' By DESTIN G, GRAF N,Y,S, LIC NO. 50067 DESTIN G. GRAF LAND SURVEYOR P O BOX 704 Rocky Point, New York, 11778 PLANNING BOARD MEMBERS MARTIN H. $IDOR WILLIAM J. CREMERS KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAII.IN~; AD DR I'.'~: P.O. Box 1179 Southold, NY 1197 l OFFICE L,OCATI¢ )N: Town Hall Annex 54375 Sta£e P~ute 25 Icm'. Main Rd. & Younk~ Avco Southold, NY Telephone: 681 ?t~5-1988 Fax: 631 765-3136 March 4, 2009 Helen J. Rosenblum, Esq. 1287 East Main Street Riverhead, NY 11901 Re; Lot Line Change of Watker/Dzenkowski Located on the north side of Southern Boulevard, approximately 1,310 feet south of Aquaview Avenue, in East Marion SCTM#1000-21-3-26 & 27 Zoning District: R-40 Dear Ms. Rosenblum: Enclosed please find a plat signed by the Chairman of the Southold Town Planning Board on March 3, 2009 issuing final approval for the action. Please contact this office if you have any questions regarding the above. Very truly yours, Tamara Sadoo ~ Planner encl. cc: Tax Assessors Building Dept. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 15, 2008 Mr. Warren P. Walker P.O. Box 246 375 Southern Boulevard East Marion, NY 11939 Re~ Lot Line Change of Walker/Dzenkowski Located on the north side of Southern Boulevard, approximately 1,310 feet south of Aquaview Avenue, in East Marion SCTM#1000-21-3-26 & 27 Zoning District: R-40 Dear Mr. Walker: The Southold Town Planning Board, at a meeting held on Monday July 14, 2008, adopted the following resolution: WHEREAS, the legal description of the action referenced in the October 15, 2007 conditional final approval is incorrect; and WHEREAS, as a result, the condition outlined in such approval could not be met; and WHEREAS, the action will transfer 30,375 square feet from SCTM#1000-21-3-26 (Lot 1) to SCTM#1000-21-3-27 (Lot 2) where, following the transfer, Lot 1 will equal 98,727 square feet and Lot 2 will equal 80,891 square feet in the R-40 Zoning District; and WHEREAS, the Southold Town Planning Board reviewed this application at their Work Session on June 23, 2008 and determined that the project will not have a significant environmental impact or make future planning of the affected parcels more difficult or impossible; be it therefore RESOLVED, that the Southold Town Planning Board re-issue Conditional Final Approval on the map prepared by Destin G. Graf, Land Surveyor, dated April 5, 2005, subject to the following condition: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Walker/Dzenkowski Page Two July 15, 2008 This condition must be met within six (6) months of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment of the condition, the Planning Board will issue final approval and authorize the Chairperson to endorse the final surveys. Very truly yours, J/Jerilyn B. Woodhouse Chairperson cc: Helen Rosenblum, Esq. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~LMLING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 16, 2007 Mr. Warren P. Walker 375 Southern Boulevard East Marion, NY 11939 Re: Lot Line Change for the properties WalkedDzenkowski The properties are located on the north side of Southern Boulevard, approximately 1310 feet south of Aquaview Avenue in East Marion. SCTM#1000-21-3-26 & 27 Zoning Districts: R-40 Dear Mr. Walker: The Southold Town Planning Board, at a meeting held on Monday October 15, 2007, adopted the following resolutions: WHEREAS, this proposal is f¢~a~rFli~e change that will transfer 30,375 square feet from SCTM#1000-21-3~7-'(~ot 1 ) to SCTM#1000-21-3-26 (Lot 2) where, following the transfer, Lot 1 will ,eq~3'al 80,891 square feet and Lot 2 will equal 98,727 square feet in the R-40 Zon~rl~istrict; and WHEREAS, an application for a re-subdivision was submitted to the Southold Town Planning Board on July 23, 2007, including the map prepared by Destin G. Graf, Land Surveyor dated April 5, 2005; and WHEREAS, on September 24, 2007, the applicant submitted a correspondence from the Surveyor that provides the existing and proposed lots areas; and WHEREAS, the resulting lot line change does not create or increase any nonconformities; and WHEREAS, the Southold Town Planning Board reviewed this application at their work session on August 13, 2007 and determined that the project will not have a significant environmental impact or make future planning of the affected parcels more difficult or impossible; be it therefore Mr. Warren P. Walker Page Two October 16, 2007 RESOLVED, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board hereby waive the public hearing for this project; and be it further RESOLVED, the Southold Town Planning Board grant Conditional Final Approval on the map prepared by Destin G. Graf, Land Surveyor dated April 5, 2005, subject to the following condition: the filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. This condition must be met within six (6) months of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment of the condition, the Planning Board will issue final approval and authorize the Chairperson to endorse the final surveys. A copy of the Negative Declaration is enclosed for your records. Very truly yours, Chairperson Eno. PLANNING BOARD MEMBERS J ERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD M~XILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 15, 2007 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Re-Subdivision (Lot Line Modification) for Walker/Dzenkowski SCTM#: 1000-21-3-26 & 27 Location: The properties are located on the north side of Southern Boulevard, approximately 1310 feet south of Aquaview Avenue in East Marion. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for a lot line change that will transfer 30,375 square feet from SCTM#1000-21-3-27 (Lot 1)to SCTM#1000-21-3-26 (Lot 2)where, following the transfer, Lot 1 will equal 80,891 square feet and Lot 2 will equal 98,727 square feet in the R-40 Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Walker/Dzenkowski Ne~ive Dec Page Two October 16, 2007 The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. There is no proposed increase in density. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No addition density is proposed. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631 ) 765-1938 cc: Elizabeth Neville, Town Clerk (attach to resolution) HELEN J. ROSENBLUM ATTORNEY AND COUNSELOR AT LAW 1287 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 (631) 727-1010 FACSIMILE: (631) 727-5524' '110I lilt St'P, rice of Ir~al papet~ Fcbrum') 6. 2000 Mrs. Tamara S. Sadoo 'l t)~n t,l' Southold. Planning Board Office PO Box 1170 Southold. New York 11971 Re: Proposed lot l.ine Charge lbr WalkcffDzenkowski I.ocmed on lhc north side of Southcr Boulevard, hpproximatcly 1,310 IL'et south of Aquaview ,.Xxcnue in Fast Marion SCTM S1000-21-3-26 & 27 Zoning l)islrict: R-40 l)car Mrs. Sado¢: Ill accordance x,,ith thc planning board resolutkm dated July 15. 2008. cnch)scd please lind copies of the two deeds which have bccn dui3 flied and recorded in the office of the Smtt~lk (ount} Clerk. Should you require anything further ii'om me. please let me know and I will bc happy to oblige. Thank you ',,cry mnch. 1 t.I R~ Enclosures mber of pages This document will be public record. Please remove all Social Security Numbers prior to recordinD. Deed / Mortgage Instrument Page / Piling Fee C'~,J __ Handling Q~. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit NYS Surcharge 15. 00 Other Real Prop Tax Servi Agency Verificatk 09002626 zooo 02zoo 0300 02~002 Deed / Mortgage Tax Stamp FEES ?EC:ORDE[, 2Ci09 F:eb 04 II:25:21:5 ~i4 .:rudJth ~. F'asc-~!e CLE~'K 9F P 677 bTg 0S-14993 Sub Total Sub Total Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointmen~,-~__ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clauae on page# of this inst/ru~ ((~.; Community Preservation Fund Consideration Amount $ fF~ T~ax Due Vacant Land TD P TD Mail to: Judith A. Pascale, Suffolk County Clerk IcaoI Title Company Information 310 Center Drive, Riverhead, NY 11901 . Name }O.~ www. suffolkcountyny, gov/clerk [ Tide # (~_ Suffolk County Recording & Endorsement Page This page forms part of the attached D-~ made by: (SPECIFY TYPE OF INSTRUMENT) ~5 2~ L,~.,,"z. 44_ r,- ft~,t_ i,~ TO goa.~.,L~ ~. p. tx)a_.f-. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ..Fo 'Th c'Z= In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR F1LING. (over) r YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made thc .~J,e. fday of ~u~t, in the year 2008 BETWEEN ALICE R. DZENKOWSKI, AS SURVIVING TENANT BY THE ENTIRETY OF ANDREW T. DZENKOWSKI, DECEASED, RESIDING AT 4510 ROCKY POINT ROAD, EAST MARION, N.y. 11939 party of the first part, and WARREN P. WALKER, RESIDING AT 375 SOUTHERN BOULEVARD, EAST MARION, N.Y. 11939 party-of the second part, WITNESSETH, that the party of the first part, in consideration of dollars paid by the party of the second part. does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ATTACHED SCHEDULE A DESCRIPTION BEING AND INTENDED TO BE PART OF THE SAME PREMISES AS CONVEYED TO THE PARTY OF THE FIRST PART BY A DEED DATED 1/29/1960, RECORDED 2/1/1960 IN THE OFFICE OF TI-~ CLERK OF THE COUNTY OF SUFFOLK IN LIBER 4762 PAGE 443. TOGETI'~R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALICE R. DZENKOWSKI ~/EW YORK STATE fNew York, County of'SUFFOLK, ss: undersigned, personally appeared ALICE R. DZENKOWSKI , personally known to me or proved to me on th~ basis of ~atisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the upon behalf of which the individual(a) acte~~ rostrum eat ~~,.~~ WILLIAM H. PRICE, JR. Notary Public, State of New York No. 4644944, Suffolk County ~ Term Expires February 28, 20-~ ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of New York, County of , ss: On the day of in the year , before me, the undersigned, a Notary Public in and for said State, personally appeared , the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York, County of , ss: On the day of in the year' unders gned, person0.lly appeared , before me, the , personally known to me or proved to me on the basis of satisfactory evidefice to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the ~person upon behalf of. which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE *State of , County of , ss: *(Or insert District of Columbia, Territory, Possession or Foreign County) On the day of in the year , before me undersigned personally appeared the 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(ias), 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 make such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No. Bargain and Sale Deed With Covenants SECTION: BLOCK:. LOT: COUNTY OR TOWN: TO Peconic Abstract, Inc. Schedule A Description Part of Dzenkowski's parcel to be conveyed to Warren P. Walker 1000-021.00-03.00-part of tax lot 026.000 All that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Southern Boulevard distant 237.51 feet easterly from the corner formed by the intersection of the easterly side of Rocky Point Road with the northerly side of Southern Boulevard; RUNNING THENCE North 3 degrees 10 minutes 40 seconds West, 402.43 feet; THENCE North 82 degrees 54 minutes 40 seconds East, 75.18 feet to the division line of Lot 2 on Map of Aquaview Park and land of Warren P. Walker; THENCE along said division line, South 3 degrees 10 minutes 40 seconds East, 407.56 feet to the northerly side of Southern Boulevard; THENCE along the northerly side of Southern Boulevard, South 86 degrees 49 minutes 20 seconds West, 75.00 feet to the point or place of BEGINNING. Being and intended to be part of the premises as conveyed to the party of the first part by a Deed dated 1/29/60, recorded 2/1/60 in Liber 4762 page 443. This document wi!l be public record. Please remove all Social Security Numbers ,prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 2009 Feb 6!4 Jod~th ~. P~scale CLEEiK ::..i.iFF 9Lk COLJHT? L D000~2579 F' 678 D]'~ 08-~4994 Recording / Filing Stamps FEES Page / Filing Fee C~ __ Handling r'~. 00 TP-584 ~ Notation EA-52 17 (County) ~ EA-5217 (S/~X,i ~ Comm. of Ed. 5. 00 Affidavit NYS Surcharge 15. O0 Other Real Z]g Verifi{ 6 8 Sub Total Grand Total SubTotal 1000 02100 0300 026002 1000 02100 0300 027000 Sati.,sfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: 14 ~7 E, PICkett Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County __ Held for Appointme%o Transfer Tax " Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument.c, Community Preservation Fund Gqnsideration Amount $ !CPI~ Tax Due $ -ir~'~'f)' ..... Vacant Land TD ~-) TD TD Mail to: Judith A. Pascale, Suffolk County Clerk I 7 [ Title Company Information 310 Center Drive, Riverhead, NY 11901 ]Co. Name [~.-~ C.O"'vCi(. )q~,%F / t1 C_ www. suffolkcountyny, gov/clerk I Title # ri,/-~: (../ ' Suffolk County RecOrding & Endorsement Page This page forms part of the attacneo made by: (SPECIFY TYPE OF INSTRUMENT) ~ ~ ~ ik.. ~- ~L)O ~ )/._~ q_.~ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ~'C)l~,~/~, p,.. /9. /~2~(:~ P,..,~.(.~ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ILT YOUR LAWYER BEFORE S~GNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAVVYERS ONLY. THIS: INDENTURE, made the "~'~ 06~' ^,,~,,, tn the year 2008 dayof r._o ~t, BETWEEN WARREN P. WALKER. RESIDING AT 375 SOUTHERN BOULEVARD, EAST MARION, N.Y. 11939 party of the first part, and WARREN P. WALKER, RESIDING AT 375 SOUTHERN BOULEVARD, EAST MARION, N.Y. 11939 party of the second part, WITNESSETH, that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ATTACI-flED SCHEDULE A DESCRIPTION THIS DEED IS A CONFIRMATION DEED, WHICH IS TO cONFIRM PREMISES NOW OWNED BY THE GRANTEE HEREIN. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOOETI-[ER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted un, to the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. . AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word 'party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year7 above written. IN pRESENCE OF: Peconic Abstract, Inc. ~Schedule A Description Warren P. Walker's Overall Parcel ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot 2 on a certain map entitled, "Map of Aquaview Park", filed in the Office of the Clerk of the County of Suffolk on 713011971 as Map Number 5621 and a described parcel on the West, said Lot and described parcel being bounded and described as follows: BEGINNING at a point on the southwesterly corner of land of Warren P. Walker, said point being North 86 degrees 49 minutes 20 seconds East, 237.51 feet along the northerly side of Southern Boulevard from the intersection of the easterly side of Rocky Point Road with the northerly side of Southern Boulevard, continuing from said point the following courses and distances: North 03 degrees 10 minutes 40 seconds West, 402.43 feet to a point along the southerly boundary of land now or formerly of Caputo; THENCE North 82 degrees 54 minutes 40 seconds East, 75.18 feet along said boundary and northerly side of a 50 foot right of way recorded in Liber 6865 page 260, to the northwesterly corner of Lot 2 as shown on a certain Map entitled, "Map of Aquaview Park" filed in the Office of the Clerk of the County of Suffolk on July 30, 1971 as Map No. 5621; THENCE North 89 degre,es 57 minutes 40 seconds East, 125.19 feet along said right of way and land now or formerly of Davies, Centkowski and Wolski to a point and northeasterly corner of Lot 2; THENCE South 03 degrees 2 minutes 40 seconds East, 400.70 feet along the common boundary between Lot 2 and Lot 3 to a point on the northerly side of Southern Boulevard; Page 2 THENCE South 86 degrees 49 minutes 20 seconds West, 200.00 feet along the northerly side of Southern Boulevard to the point or place of BEGINNING. Being and intended to be the same premises as conveyed to the party of the first part by a Deed dated 5/24/99, recorded 7/23/99 in Liber 11977 page 963 and by a Deed of the westerly p, ortiop of said premises as conveyed by Alice R. Dzenkowski by a Deed dated iO?~,l(~'and to be recorded simultaneously herewith. ,OWLEDGEMENT TAKEN IN NEW YORK STATE ate of Ne~y York, County of SUFFOLK, ss: On the'~[ clay ot¥~(l~ in the yearlY, before me, 'the under?gned, personally appeared ~I . personally known to me or prov~ to me on the b~is of ~tisfactory evidence to be the ~dividual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they ex~uted the same in his/her/~eir capaci~(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the AC~OWL~ iT;;7;2ING W;TNESS TA=N IN NEW YORK STATE State of New York, County of , ss: On the day of in the year , before me, the undersigned, a Notary Public in and for said State, personally appeared , the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in that he/she/they know(s) to be thc individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York, County of . ss: On the day of in the year , before me, the undersigned, personally appeared , personally known to me or prov~ 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), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, d,en ,3. ¢..o%nbtum to-- Bi- o3oto ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE *State of . County of , ss: *(Or insert District of Columbia, Territory, Possession or Foreign County) On the day of in the year , before me undersigned personally appeared the Personally known to me or proved ~ me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/theirsignature(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 make such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No. Bargain and Sale Deed With Covenants SECTION: BLOCK: LOT: COUNTY OR TOWN: TO PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 January 27, 2009 Mr. Warren P. Walker P.O. Box 246 375 Southern Boulevard East Marion, NY 11939 Re: Proposed Lot Line Change for Walker/Dzenkowski Located on the north side of Southern Boulevard, approximately 1,310 feet south of Aquaview Avenue in East Marion SCTM#1000-21-3-26 & 27 Zoning District: R-40 Dear Mr. Walker, A Conditional Final Resolution was adopted by the Southold Town Planning Board for the above referenced application on July 15, 2008. In order for the Town of Southold Planning Board to grant Final Approval of your application and close your file, and as per the Conditional Final Resolution, a copy of the filed deed with Suffolk County must be submitted to this office. Please send a copy of the deed filed with Suffolk County to this office before March 31, 2009 to avoid expiration of this application. Once we have received a copy of the filed deed, we will grant Final Approval to your application and close this file. If you have any further questions, please do not hesitate to contact this office. Tamara S. Sadoo Planner Town of Southold f l l:J ~I:,N .I. I{()NI ,NBI,L M \1 1( KNI RIX I I'~ \[ \Il.: IqrlaicIil;m'.m I Mr. Mark Terry Planning Board Office To*vn of Southold POB 1179 Southold. New York 11971 tuly 3 2008 Re: Walker/Dzenkowski lot line change SCTM Nos. 1000-21-3-26 & 27 Dear Mr. Terry: Ibis will confirm our conversation ora couple of weeks ago regarding the abo~c matter during \d~ich you agreed lhat you v, ould review lhc resolution granting the lot line change on October 15, 2007. As I indicated to you, 1 was having some difficulty with the deeds I had prepared and gave my lile to my title company. Their cooclusion was that the resolution reversed the lots so that land was taken from and given to thc wrong lols which is the reason why I was not satisfied with the deeds. If your ::onclusion i:; that :;amc a:; thc title company, my undcrstauding is that the resolution would be amended al your meeting ou July 14. 2008. Should you wish me to be present, please let me know and please als() contact me in advance of the meeting regarding whether my title company is indeed correct and thc resolution will be required to be amended. Thauk you red much. I It:LE J,R()SENP, IA:M cc: Warren P. Walker WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 23, 2008 at 4:30 p.m. 4:30 p.m. Site Plans & Subdivisions Site Plans: Hudson City Savings Bank Plaza, a.k.a. End of the SCTM#: 1000-122-3-1.2, 2, 5.1, 17 Road, LLC Location: 11520-11750 NYS Road 25 in Mattituck Description: Two new buildings: one office building, 9,985 square feet, and one bank, 3,241 square feet on a 1.9 acre split-zoned parcel in the General Business and Residential-40 Zoning Districts Status: Application review Action: Review draft comments to ZBA Subdivisions: Lot Line Change for the properties SCTM# 1000-2t-3-26 & 27 Request for six month extension Location: on the north side of Southern Boulevard, approximately 1,310 feet south of Aquaview Avenue, in East Marion Description: proposal for a lot line change that will transfer 30,375 square feet from SCTM#1000-21-3- 26 (Lot 1) to SCTM#1000-21-3-27 (Lot 2) where, following the transfer, Lot 1 will equal 98,727 square feet and Lot 2 will equal 80,891 square feet in the R-40 Zoning District (Amended) Standard Subdivision of Owen Morrell SCTM#1000- 68-1 -t 5.1 Review new plat, start SEQRA coordination and consider for Sketch Plan Approval Location: n/o Sound View Avenue, 1,700 feet e/o Diamond Lane, in Peconic Description: proposal to set off a 2-acre parcel from a 12.03 acre parcel in the R-80 Zoning District. Standard Subdivision of Robert Adipietro SCTM#1000-74-3-16 Review Draft Covenants and Restrictions & Road and Maintenance Agreement (attached) Review Suffolk County Planning Commission Comments (attached) Consider setting Preliminary Hearing at July 14th Public Meeting Location: on the e/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: Proposal to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ff., in the HB Zoning District. For Discussion: Town Board requests for comments - 1. Farm Stand Code 2. Zone Change GREENPORT NO, 5303 -P, 84/15/~088 PAGE HEI.~N J. ROSENBLUM ATTORNEY AND COUNSELOR AT LAW L~.87 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 Via Facsimile -765-3136 Mr. Mark Ten'y Principal Planner Southold Town Planning Board POB 1179 Southold, New York (631) 72%1010 FACSIMILE: (631) 727-$$24' E-MAIL: hir~.,¢lilaw,net* *not for service of legal papel~ April28,2008 Re: Walker/Dzenkowskl Dear Mr. Terry: This officer represents Warren Walker in the above matter. I wanted to let you know that the paperwork is completed and Mrs, Dzenkowksi has signed her deed. All that remains is for nay client to sign his and he will be doing that today or tomorrow, We are requesting a short extension of time to send the deeds to the County Clerk for recording. The fact that this extension is needed is not the fault of the applicants. Thank you very much. Sinc~erely, H JR MAP 0~- ANDREW '7' D:~ENI~Oi~/$K I Submission Without a Cover Letter Sender: Subject: SCTM#: 1000- ~:~/- Comments: DESTIN GRAF P.L.S., P.C. PROFESSIONAL LAND SURVEYOR P.O.BOX 704 ROCKY POINT, NEW YORK 11778 PHONE AND FAX 631-821-3442 SEPTEMBER 21, 2007 TO: TOWN OF SOUTHHOLD ALICE R. DZENKOWSKI AND WARREN P. WALKER RE: BOUNDARY LINE AGREEMENT - TAX LOTS 1000-21-03- LOTS 26 & 27 The area of tax lot 26 before the boundary change is 129,101.5 sq ff. The area of tax lot 26 after the boundary change is 98,726.8 sq ft. The area of tax lot 27 before the boundary change is 50,516.5 scl ft. The area of tax lot 27 after the boundary change is 80,891.2 sq ft. Destin Graf. Warren P. Walker Lot line change for family property Project Status Report for Re-Subdivisions {Lot Line ChanRes) Application Dates Pre-Submission Conference Application Received Application Fees Paid I ,~) Application Reviewed at Work Session~/ Fire Department Comments /7/,~'~ Engineer Conference ~/~'" SEQRA Coordination Public Hearinq Waived Public Hearing Date SEQRA Determination /0 ~*/' ["-~i ~ SC Planning Commiss on Referral ~') SC Planninq Commission Comments ,/~ Conditional Final Approval /~'/ Final Approval Final Map RoutinJT : Tax Assessors Building Department Land Preservation Highway Department Additional Notes: PLANNING BOARD MF, MISERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF $OUTHOLD Application for Re-Subdivision/Lot Lin Modification MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: .63 L765~3136 JUL 2 3 2-007 APPLICATION IS HEREBY MADE to the Town of Southold ~lal~i~g~B0~tt';f6t"tti~- ................. ~ proposed RE-SUBDIVISION described herein: Original Subdivision Name Suffolk County Tax Map # 3. Hamlet t'~7~,C;o 4. Street Location g ?S"- ~o_odrh~r,,, ~ loc.) 5. Acreage of Site ~'c~ ~'l 2 g, ¢. 6. Zoning District 7. Date of Submission Please provide the names, addresses and phone numbers for the following people: Applicant: ~?~t- q??- 2oto Agent: Property Owner(s): Surveyor: Engineer: /ooa- 2. !- ~g - ,Z "7 Attorney: 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. 7f {A}~,~¢~, ~ ~o,)ker ~o,~et olc .~c,?r~~ Io*o- z*- O~ - ZTj 10. DOES THE PROPOSED MODIFICATION: Affect the street layout in the original subdivision? Affect any area reserved for public use? Diminish the size of any lot? Create an additional building lot? Create a nonconforming lot? Require a variance from the Zoning Board of Appeals? Impact the future planning of the subject properties? 11. Application completed by 1~ owner [ ] agent [ ] other UPON SUBMITTING A COMPLETED APPLICATION, THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW. IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER, THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANDARD LOT SIZES, LOT WIDTHS OR MAKE EXISTIN(, STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS, THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING B~ARD APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING BOARD OF APPEALS. Sign ature of Preparer ~//L)o~ ~~ Date Applicant Transactional Disclosure Form 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: ~k/l(e r ~J~gl~/ ~. last name, first name, rmddle ~ntual unless you are applying in the name of someone else or other ent#y, such as a company, lf so, indicate the other person 's or company's name. Nature of Application: (Check all that apply) Tax grievance Variance Special Exception Change of zone Subdivision Plat Site Plan Other (Please name other activity) Building Trustee Coastal Erosion Mooring Planning 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, mamage or business interest. "Business interest" means a business, including a partnership, in which the tovoa 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 '~ If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, 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 noncorporate 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: Submitted this Signature Print Name day of 2004 I, Warren P. Walker owner of the property identified as 375 Southern Blvd, Suffolk County Tax Map # 1000-21-3-27 in East Marion, New York am looking to acquire an adjoining piece of property from Alice R. Dzenkowski owner of Suffolk Tax Map # 1000-21-03-26. This subdivision will bring both properties up to conforming 2 acre lots. Ultimately sometime in the future I would like to build a house on the front portion of my property. Warren P. Walker I, Warren P. Walker owner of the property identified as 375 Southern Blvd, Suffolk County Tax Map # 1000-21-3-27 in East Marion, New York am looking to acquire an adjoining piece of property from Alice R. Dzenkowski owner of Suffolk Tax Map # 1000-21-03-26. This subdivision will bring both properties up to conforming 2 acre lots. I, Alice R. Dzenkowski, owner of the property identified as Suffolk County Tax Map # 1000-21-03-26 in East Marion, New York hereby authorize Warren P. Walker to apply for re- subdivision on this property and Hire any agents necessary to complete the work involved in the subdivision process with the Southold Planning Board. Signature: LEGAL DESCRIPTION BOUNDARY LINE AGREEMENT TAX LOT 1000-21-03-26 DESCRIBED PROPERTY, EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BEGINNING AT A POINT AT THE SOUTHWESTERLY CORNER OF PROPERTY OF ANDREW T. AND ALICE R. DZENKOWSKI, SAiD POINT BEING THE INTERSECTION OF THE NORTHERLY SIDE OF SOUTHERN BOULEVARD WITH THE EASTERLY SIDE OF ROCKY POINT ROAD. CONTINUEING FROM SAID POINT THE FOLLOWING COURSES AND DISTANCES; NORTH 07 DEGREES 05 MINUTES 20 SECONDS WEST 385.29 FEET ALONG THE EASTERLY SIDE OF ROCKY POINT ROAD TO A POINT; THENCE NORTH 82 DEGREES 54 MINUTES 40 SECONDS EAST 264.40 FEET ALONG THE NORTHERLY SIDE OF A 50 FOOT RIGHT OF WAY AND SOUTHERLY BOUNDARY OF LAND N/F OF CAPUTO TO A POINT; THENCE SOUTH 03 DEGREES 10 MINUTES 40 SECONDS EAST 402.43 FEET TO A POINT ON THE NORTHERLY SIDE OF SOUTHERN BOULEVARD; THENCE SOUTH 86 DEGREES 49 MINUTES 20 SECONDS WEST 237.51 FEET ALONG THE NORTHERLY SIDE OF SOUTHERN BOULEVARD TO THE POINT OR PLACE OF BEGINNING. [ 98,727 SQ FT ] CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 4.4 THIS INDENTURE, madethe 29th dayo/ January , nineteen hundred and sixty BETW£~N ~,,NDREW T. D22ENKOWSKI, residing at Rocky Point Road, in the Hamlet of East Marion, Town of Southcld, County of Suffolk and Skate of New York, (formerly residing at 412 Carpenter Street, Greenport, New York), party of the firs part. and ANDREW T. DZEIIKOWSKI and ALICE R. DZENKOWSKI, his wife, both residing at Rocky Point Road, in the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, party of the second part, WITNF_.SSETH, that the party of the first part, in consideration of ........... 7~1 ($10.00) .............. donars, lawful money of the United States, pa/d by the party of the second part, does hereby grant and release unto the party oi the second part, the heirs or successors and assigns o/the party of the second part forever, ALL that certain plot, piece or parcel of land, w/th the buildings and improvements thereon erected, situate, I~ngand being in the Hamlet of East Marion, Town of Southold, County of S~ffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly corner of the premises herein to be described at a point on the easterly line of Rocky Point Road adjoining land cf Andrew Dzenkowski; running thence along said easterly line of ROCky Point Road, N. 7° 05' 20" W. Five Hundred five and sixty-six hundredths (505.66~ feet. to a point fifty (50) feet southerly from the southwesterly corner of land of Edw~u H. King; thence along lahd'o~ H6rm~/nA. Sill and JUlia Sill, his wife, two courses, as follows: (1) N. 82° 5~' ~0" E. 336.~8 feet; thence (2) N. 89° 57! 40" E. 1144.32 feet to land now or formerly of Howard Clark; thence along last described land S. 10o 46' E. five hundred Fifty, nine and fifty-five hundredths (559.55) feet to a monument and land of said Andrew Dzenkowski; thence along said land of Andrew Dzenkowski, two courses, as follows: (1) N. 88° 16' 20" W. 1051.40 feet; thence (2) S. 86° 49! 20!! ~. 470.1 feet to the point of beginning. Con- raining eighteen and one hundred eighty-seven thousands (18.187) acres within said bounds. SUBJECT to the rights of Town of Southold in two highways crossing said premises and known as Cedar D~Ive and Southern Boulevard. TOGETMER with all right, title and interest of the party of the first part of, in and to said Rocky Point Road abutting the premises to the center line thereof. SUBJECT to the easement rights, if any, of the New York Telephone Company and Long Island Lighting Company. BEING AND INTENDED TO BE the same premises conveyed by Herman A. Sill and Julia Sill, his wife, to Andrew T. Dzenkowskt by deed dated December l, 1947 and recorded in the ~uffolk County Clerk's Office in Libor 2780 of Deeds at page 323 on December 2, 1947. TOC.~THER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever~ AI~D 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 consld- eration as a trust fund tobe applied first for the purpose of paying the costs 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. AND the party of the first part covenants as follows: Fz~s?. That said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; SECOND.--That the party of the second part shall quietly enjoy the said premises; THZ~U~. That the said premises are free from incumbrances, except as aforesaid; FouETH.--That the party of the first part will execute or procure any further necessary assurance of the title to said premises; Fx~rH. That said party of the first part will forever warrant the title to said premises. The word "party" Ih~l! be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrl~N~ ~-~OF, the party of the first part has duly executed this deed the day and year first above written. STATE OF NEW YORK, COUNTY OF ~'~0~,~' ss: IDn {he L~:)th ~y o~ J~y ~960 , before me pers6n~ly ~e e. to me known to be the ~nd~v~dua~ described ~n and who ~uted the {ore~o~n~ ~nstrument, and acknow]edEcd that ho executed the ~e. STATE OF HEW YORK, ~NTY OF On t~e day oq~Iff personally came 19 , before me r-- to me known to be the individual described in and who ~ executed the foregoing instrument, and acknowledged that ~ executed the same. STATE OF NEW YORK, COUNTY OF ss** On the day of 19 , before me personally came to me known, who, being by me duty sworn, did depose and say that he resides at No. ; that he is the of , the corporation described, in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NI~/* YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Af~e the Ist forty-seven. ~t~ . HER~IL~ and JULIA SILL, his wife, Oreenport, Suffolk County, New York' - - - - day of December JVineteen Hundred and residing at .................. part ies of the first part, and ANDRES; T. DZEh~KOWSKI of 412 Carpenter Street, Greenport, Suffolk County, New York .......................... ..... ................ party of the second part, ~~.'tt[~ tkat the part lea of the first part, i~ eo~sideratior~ of TEN and 00/100 ........ Dollar s ~ lO.O0 ) ~ ~o~e~ ~f ~h~ ~t~ StatL, and ot~r good and valuable consideration ..... pa~ by the part y of t~e seco~ part, do ~ereby ~ra~ ~ r~se ~o t~e par~ y of the seeo~ part, his heirs - - - - a~ ~s$~ forever, alt that certsin piece or parcel of land situate in East ~arion, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at the southwesterly corner of the premises herein to be described at a point on the easterly line of Rocky Point Road adjoining land of Andrew Dzenkowski; running thence along s~id easterly line of Rocky Point Road, N. V~ 05' 20" W. Five Hundred five and sixty-six hundredths (505.66) feet to a point fifty (50) feet southerly from the southwesterly corner of land of Edwin H. King; thence along other land of party of the first part, two courses, as follows: 1. N, 82° 54' 40" E. 336.48 feet; thence 2 , 2. N. 89° ~V' 40" E. 1144.32 feet to land now or formerly of Howard Clark~ thence along last described land S. 10° 46' E. five hundred Fifty-nine and fifty- ~five hundredths ~559.55) feet to a monument and land of said Andrew Dzenkowski; thence along said la~. of Andrew Dzer~owski, two courses, as follows: 1. N. 88° 16, 20" W. 1051.40 feet; thence 2. S. 86° 49' 20" W, 4V0.1 feet to the point of beginning. Containing eighteen and one hundred eighty- sewen thousands (18.187) acres ~zthin said bounds. SUBJECT to t he rights of Town of Southold in t~o highways crossing said premises and known as Cedar Drive and Southern Boulevard. TOGE~IER with all right, title and interest of the parties of the first part of, in and to said Rocky Point Road abutting the premises to the center line thereof. Subject to the easement rights, if any, of the New York Telephone Company and Long Island Lighting Company. BEING AR~ INTENDED TO BE the same premises conveyed by W. Courtland Case to Herman Sill and Julia Sill, his wife by deed dated February 15th, 1944 and ~ecorded in the County Clerk's Office of Suffolk County in Liber 2342 of ~eeds at page 493 on the 16th day of February,~1944. part keg of the ]~r~art ~n and to said premises of the second part, his heirs and assigns forever. said Parties of the First Part ............. ~ ......................... covenant as follows: ~ .,Tha~ said Parties of the ,First Part ...... are seized of said premises i.. fee 8g~p~. ~ have ~oo~ ~ ~o oo~e~ ~ 8$~e[ prem~es/ ~. ~t t~ sa~ premises are free from inc~mbmnces; ,~,O~h. That the parties of the first part will execute or procure any fterther necessary assurance of the title to said premises; will forever ~l~].'blltt the title to said premises. that the anto, and wilt hold tke right lo receive s~ch consideration .as a tr~st f~nd go be applied first for the pt~wose of payin~ tke cost of the improvemer~t and will apply the same first to the payment of the cost of the improvement before using arzy part of the total of the same for any other p~rpose. hereunto set their hands and seal~ the day and year first above written. Road abutting the premises to the center line thereof. On ~/~/s forty-seven 1st d~y of Dece~iber ,N'inetoen Ht~ndred and before me, t~ s~bsc~er, personally ~pp~red HER~/tAN~SILL and ~LIA SILL, his ~fe to me personwlly known and known to me to be the same perso~ described ~ ~ w~ e~ t~ ~thin I~e~t, ~t~ severally duly ~ow~ed' to ~ t~t t ~ y e~c~ ~ s~e. Residing Jo Suffolk County Commi~ion Expir~ Mz~ch 30, 19,~ RECORDED DEC ~ 1947 ;15 R. FORD HUGHES 11977 963 Number of pages TORRENS Serial # Certificate #, Prior Cfi. # Deed / Mortgage Instrument' Page / Filing Fee Handling VP-584 ~] , 51836 $ _ RE~VED_ =, REAL ESTATE- JUL 2 3 1999 TRANSFER TAX SUFFOLK COUNTY .. 51836 Deed / Mortgage Tax Stamp FEES Notation EA-52 17'(County) EA-5217 (State) R.P.T.S.A. Comm, of Ed. Affidavit Certified Copy Reg. Copy Other 500 Sub Total cff-'-~'c -- Sub Total '-/-2 -- O~ND To','^L C ? Real Property Tax Service Agency Verification Dist, Section B lock Lot "RECORDED 99 JUL 23 PH 2:26 CLERK OF SUFFOLK COUNTY Recording / Filing Stamps Mortgage Amt. 1. 'Basic Tax 2. Additional Tax Sd.3 Total Spec./Assit. Or Spec./Add. TOT, MTG. TAX Dual Town__ Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ 0.00 1000 021.00 03.00 027.000 CPF Tax Due $ 0,00 Improved lniti~ es/Releases List Property Owners Mailing RECORD & RETURN TO: J. KEVIN MCLAUGHLIN, ESQ. P.O. Box 1210 .. SoUthold, .N~ 11971 RSOt~VED Vacant Land '~ TD JUL 2 ;5 1999 SD {j~.:~ ~, ,y TD FUND Suffolk This pa~ge forms part of the attached ALICE R. DZENKOWSKI TO WA1AREN P. WALKER Title C,i:~m panyln formation :o, Name Title # ~ Recording & Endorsement Page Dood made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of SOUTHOLD EAST MARION BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your prol~erty taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January l0th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street ' Port Jefferson, N.Y. 11777 (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 36Q-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N,Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk 11977P 963 STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the ~/~Zlday of May 19 99 , before me personally came ALICE R, D~E"N~OWSKI to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Nma~ Publi~ State of NewYor~ No. 4839205 Q~a!ified In Suffolk Cou~ Comm~ston Expires STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of personally came SS: 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at ; that he knows to bethe individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. ALICE R. DZENKOWSKI TO ~rARREN P. WALKER Standard Form of New York Board of Title Underwriters Distributed by ommonwealth SEOTION BLOCK LOT OOUNTY OR TOWN STREET ADDRESS Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO J. KEVIN MCLAUGHLIN P.O. Box 1210 Southold, NY 11971 DISTRICT /000 ~ECTION 321.00 BLOCK 33.00 DDT 327.000 Standard N.~B.TU. Form 8002' -Bargain and Sale Deed, with Covenant agair~st Grantor"s Acts--Individual or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the ~;~'-t' ~ day of May, ,1999 BETWEEN ALICE R. DZENKOWSKI, residing at 4510 Rocky Point Road, East Marion, New York 11939 party of the first part. and WARREN P. WALKER, residing at 148 Central Avenue, Greenport, New York 11944 party of the second part, WlTNESSETH, that the party of the'first part, in consideration of ' TEN and no/10Oths ($10.00) ...... ........................................................................... -dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALLthatcertain plot, piece orparcelofland, withthe buildings andimprovementsthereon erected, situate, lying and beingT~:t~g( at East Marion, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 2 on a certain map entitled, "Map of Aquaview Park" filed in the Office of the Clerk of the County of Suffolk on July 30, 1971 as Map No. 5621. TOGETHER WITH a right-of-way from Aquaview Avenue to the Long Island Sound over a private roadway described in Liber 5180 cp 203. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOE the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALICE R. DZENK(TN~KI 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technicaily expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of EAF completed for this project: jvi Part1 ~ Part2 U Part3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: []A. project not any large important impact(s) and, therefore, one not a The in is have significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared, *A Conditioned Negative Declaration is only valid for Unlisted Actions Walker/Dzenkowski Lot Line Modification Name of Action Town of Southold Planning Board Name of Lead Agency Jerilyn B. Woodhouse Print or Type Name of Responsible Officer in Lead Agency ~lSature of I~esponsible Officer in Lead Agency website Chairperson Title of ~j~nsi~.[~ffi cer Signature of P~'eparer (If dkff'er~nt from responsible officer) October 15, 2007 Date Page 1 of 21 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A =plicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 6. WILL PRr~OSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRIC FIONS? ~ Yes [] No if No, describe briefly 9. WHAT IS~ESENT LAND USE IN VICINITY OF PROJECT? ~ Residential [] Industrial [] Commercial Describe: [~]Agriculture [] ParkJForest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR L~CAL)? L_I Yes L_.~No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? U Yes [~No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROP~QSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATrON? [] Yes UNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: IIf the action is in the Coastal Area, and you are a state ag.ency, complete the Coastal Assessment Form before proceeding with this assessment I OVER 1 PART II - IMPACT ASSESSMENT r ~ leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. r-]Yes [~]No B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency, j"~ Yes [~] No C. COULD ACTION RESULT IN ANY ,~DVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: , be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, s sposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources hborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats Explain bdefly: C4, A community's existing plans or goals as officially adopted, or a change in use ( of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likel C6, Long term, short term, cumulative Explain briefly: C7. Other impacts (including changes in use of either Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL AREA (CEA)? [] Yes ~ ~ No If Yes, explain briefly: THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. IS THERE, OR IS THERE LIKELY TO [] Yes [] No if Yes, SE ENVIRONMENTAL IMPACTS? PART III - DETERMINATION OF SIGNI INSTRUCTIONS: effect should be geographic scope; and (f) magr sufficient detail to show that all ~ yes, (To be completed by Agency) effect identified above, determine whether it is substantial, large, important or otherwise significant. Each with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) If necessary, add attachments or reference supporting materials. Ensure that explanations contain identified and adequately addressed. If question D of Part II was checked potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if EAF and/or prepare a [] Check this boxif you I dentified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl. e detarmined, based on the information and analysis above and any supporting documentation, that the proposed action WILl )rovide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/24/07 * * * RECEIPT * * * Receipt~: 2172 Transaction(s): 1 1 Application Fees Reference Subtotal 21-3-26/27 $500.00 Chec1~:2172 Total Paid: $500.00 Name: Clerk ID: Walker, Warren 375 Southern Blvd. P O Box 246 E. Marion, NY 11939 LYNDAB Internal ID: 21-3-26/27 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (car. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: October 23, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Nome & Type Tax Mop Amount bate of ~ Check Walker/bzenkowski Lot Ln 21-3-26&27 :$500 opp fee 7/20/07 Aquoview Pork Toll Pines at Paradise Pt. 81-2-5 $500. final plot 8/24/07 Standard Subdivision opp. fee Rand Lot Line chanBe 14-2-11.2 etc $500. opp fee 8/31/07 Goss/Upson lot line chs. 3-6-2, etc. $500. opp fee 9/7/07 $1,000 prelim 10/19/07 Onufrok Std. Subdiv. 114-5-1 plot app fee LASER FICHE FORM SUBDIVISIONS Project Type: Lot Line Changes Status: Final Approval SCTM #: 1000 - 21.-3-26 ~-~ Project Name: Walker/Dzenkowski Location: The properties are located on the north side of Southern Boulevard, approximately 1310 feet south of Aquaview Avenue in East Marion. Hamlet: East Marion Applicant Name: Warren Walker Owner Name: Alice Dzenkowski Zone 1: R-40 Approval Date: ~_-o~,~/'/¢gJ PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's: Homeowners Association: R and M Agreement: Address: 375 Southern Boulevard, East Marion County Filing Date: SCAN Date: