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Home My WebLink About4632 a APPEALS BARD MEMBERS s FFO( Southold Town Hall Gerard P. Goehringer, Chairman 5=�0 Gy` 53095 Main Road James Dinizio, Jr. y Z P.O. Box 1179 Lydia A. Tortora �++ Southold,New York 11971 Lora S. Collins y George Horning �� ZBA Fax (516) 765-9064 'Ol �0 Telephone (516) 765-1809 #t �� BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 19, 1998 Appl. No. 4612 and 4632 — DAVID BURNHAM PARCEL 1000-10-4-7.1 and 9.3 (combined) STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is unimproved and is located on Fishers Island in an area known as the Penisula. The subject land identified on the Suffolk County Tax Maps as 1000- 10-4-7.1 is made up of lot numbers 22, 24 and 25 as shown on the Plan of the Peninsula at Fishers Island, filed with the Suffolk County Clerk March 11, 1913. This land is merged with land identified on the County Maps as 1000-10-4-9.3 is made up of lots numbered 21, 23, 79, and 80 on the aforementioned Plan, plus a right-of-way between lots 23 and 80. The subject land is separated by a 20-foot right-of-way. The total size is approximately 1.02 acre, according to a survey by Richard H. Strause dated October 6, 1997. This land nd intervening right-of-way were purchased by Elbert Burr in February 1964, together with a number of surrounding properties. In March 1974, Elbert Burr deeded the subject property, but not the intervening right-of-way, to his daughter, Bette Burr Spohn, and in October 1997 she sold the property to David and Anne Burnham. In April 1998, the property was transferred to the sole ownership of David Burnham. BASIS OF APPEAL: The Building Inspector issued a Notice of Disapproval on February 10, 1998, stating that the subject land being of nonconforming size in this R- 40 District and having both been owned by Bette Burr Spohn, is merged pursuant to Section 100-25A. Pagg 2—Appl. No. 4612 and 4632 (Burnham) Re. 1000-10-4-7.1 + 9.3 (combined/single parcel) ZBA November 19, 1998 Determination RELIEF REQUESTED BY APPLICANT: Counsel for the applicant stated in a letter dated October 1, 1998 that the application in fact is for a determination that not only are the two lots not merged with each other, but also that they are not merged with the adjacent lots (numbers 7.2, 7.4 and 8, in the case of Lot 1000-10-4-7.3; and numbers 9.2 and 9.4, in the case of Lot 1000-10-4-9.1). Applicant's concern is that the action by Elbert Burr in 1974, deeding the two subject lands to Bette Burr Spohn and deeding certain surrounding lots to other daughters, created lots that are not large enough to be recognized pursuant to Section 100-24A-1 of the Zoning Code. REASONS FOR BOARD ACTION and RESOLUTION/ACTION: On the basis of the testimony presented and personal inspection, the Board made the following findings: 1. The waiver will result in a significant increase in the density of theneigh- borhood as proposed by the applicant because two (2) nonconforming lots of 20,000+- 4uare feet would be created, when the requirement is 40.000 minimum lot size in this R-40 Zone. 2. The waiver would recognize a lot that is not consistent with the size of lots in the neighborhood because County Map Parcel #1000-10-4-7.1 would be dissected from a larger parcel of 4+- acres presently improved with one (1) single-family dwelling as shown on the County Tax Maps as Nos. 7.1, 9.3, 7.2., 7.4 and 8 combined, and also dissects Lot 1000-10-4-9.3 from a larger parcel of 1.50+- acre undeveloped land, now identified on the County Tax Maps as 9.3, 7.1, 9.2, and 9.4 (merged). 3. The waiver requested by applicant will not avoid economic hardship for the application because a waiver of the merger of No. 7.1 from No. 9.3 will not only create two ver( small nonconforming lots but will also strip the merged parcel (Nos. 7.1 and 9.3) of its waterfront property and greatly impact the economic value of the whole parcel. The waiver alternatively granted by the Board will avoid economic hardship for the applicant because a waiver of merger, leaving 7.1 and 9.3 combined as a single lot, separate from the remainder of the surrounding lots does create a lot that is 1.02+- acre in size, although a large portion is wetland area unusable for building purposes. 4. The natural details and character of the contours and slopes of Lot 7.1 and 9.3 together would not by necessity be significantly changed or altered, but a new single Lot 9.3 as requested would consist entirely of environmentally sensitive land in very Page 3—Appl. No. 4612 and 4632 (Burnham) Re: 1000-10-4-7.1 + 9.3 (combined/single parcel) ZBA November 19, 1998 Determination close proximity to the wetlands and flood areas of Darby's Cove. These environmental conditions are also expected to be adversely affect a change or alteration in contours or slopes, or substantial filling of land. Accordingly, on motion by Member Horning, seconded by Member Collins, it was RESOLVED, to DENY the applicant's request for separate Lot Waivers under 100- 26 as applied for Lot 7.1 separated from 9.3, and BE IT FURTHER RESOLVED, to GRANT AN ALTERNATIVE WAIVER SEPARATING THE COMBINED PARCEL, referred to as 7.1 and 9.3 on the County Tax Maps , from the surrounding properties, with the following CONDITIONS: 1) Applicant shall file with the Suffolk County Clerk a Declaration of Covenants and Restrictions: That Lot Nos. 7.1 and 9.3 shall be deeded as a single 1.02+- acre parcel for the purpose of proceeding with agency applications for future dwelling construction on the upland portion (No. 7.1); That combined Lot 7.1 and 9.3 shall not exceed one single-family dwelling for the total land area (1.02+- acre); That in the event any part of 7.1 or 9.3 is conveyed, that the land area either remaining or conveyed out, is NOT recognized as a lot under the Southold Town Zoning Code for a possible future dwelling. 2) The Declaration of Covenants and Restrictions shall be approved by the Town Attorney. 3) A conformed copy of the recorded Declaration shall be filed with the Board of Appeals. VOTE OF THE BOARD: AYES: Member Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). RECEIVED AND FIT ED BY I IGERARD P. GOEHRIN ER CHAIRMAN 11/21/98 p : z ii ooP�, Approved for Filing 10-4-7.1 & 9.3 (combined as one) Town C',- c Ll MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON,NEW YORK 11988 PHILIP B.MATTHEWS 631-283-2400 (1912-1992) FACSIMILE 831-287-1078 STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.COM -OF COUNSEL- BARBARA T.HAM October 22, 2018 Ms. Kim Fuentes Town of Southold Board of Appeals P. O. Box 1179 Southold, NY 11971 Re: R. Bradford Burnham Merger Issues (SCTM No. 1000-010.00-04.00-009.003) Dear Kim: In accordance with the letter from Chairperson Weisman, dated September 5, 2018, a copy of which is enclosed, I have enclosed a certified copy of the recorded Declaration restricting any development on the referenced parcel. The Declaration, which was previously reviewed for form and content by your office and the Town Attorney, was recorded in the Office of the Suffolk County Clerk on October 17, 2018 in Liber 12983 page 289. With the submission of this recorded instrument, I believe the Zoning Board has no further problem with the issuance of a building permit for the merged parcel to the north which now bears the Suffolk County Tax Map Number 1000-010.00-04.00-013.010. Please review the enclosed and give me a call if you require any further information or documentation relating to this matter. Sincerely, Stephen L. Ham, III Enclosures cc: Mr. Michael Verity (w/copy of letter of September 5) , ❑ 1 2 � ^ RECCIPIIEI Number of pages U_s 9 ? 1; i 45.J 4 PIN LE 0 This document will be public SUFF"iL}' C0Li j'-,' record. Please remove all I E1%0 f0111_�`'_' Social Security Numbers ` . prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total , Spec./Add. EA-5217(State) TOT.MTG.TAX �- Dual Town Dual County R.P.T.S.A. ® Held,for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax � The property covered by this mortgage is Certified Copy �[r . or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other -�/Grand Total �- If NO, see appropriate tax clause on C_ page# of this instrument. 4 Dist. ]nnn �__..__ nen nn nn nn ^^^ `103 5 CommunityPr'eservation Fund 3739297 1000 01000 0400 009003 Real Property Consideration Amount Tax Service p T S I(IIIII VIII IN 11111111111111111111 111111 CPF Tax Due $ Agency RDTY A Verification 16-OCT-1 Improved. 6 SatlSfaCtw„o,v�oc„u�c)conic�ca�co n��nvperry vvvncn rvtanmy nuuress RECORD&RETURN TO: Vacant Land STEPHEN L.HAM,III,ESQ. TD MATTHEWS &HAM TD 38 NUGENT STREET SOUTHAMPTON,NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 '1 Title,Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name V-,A eA www.suffolkcountyny.gov/clerk Title# C0 u"q 6 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION made by: (SPECIFY TYPE OF INSTRUMENT) R.-BRADFORD BURNHAM The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please'be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10th and on or before May 3151. 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' Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 1.1.757 Riverhead,N.Y. 11901 (631)957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence•Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island,N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 . Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street- " - 116 Hampton Road Huntington,N.Y."!1743 Southampton,N.Y- 11968 (631)351-32-17, - (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631) 765-1803 Sincerely, Judith A.Pascale Suffolk County Clerk dw 2/99 12-0104,06/06kd .p CC# : C18-46108 v COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 10/17/2018 under Liber D00012983 and Page 289 and, that the same is a true copy thereof, and of the whole of such original In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 10/17/2018 SUFFOLK COUNTY CLERK <;7—wizL Q. 1101-� JUDITH A.PASCALE SEAL L I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 10/17/2018 Number of Pages: 5 At: 11 : 45 : 14 AM Receipt Number : 18-0194836 LIBER: D00012983 PAGE : 289 District: Section: Block: Lot: 1000 010 .00 04 . 00 009. 003 EXAMINED AND CHARGED AS FOLLOWS Received the- Following Fees For Above Instrument' Exempt Exempt Page/Filing $25 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $6.25 NO RPT $200 . 00 NO Fees Paid $271 .25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County m 4 tk t . I DECLARATION— DECLARATION, ECLARATION -DECLARATION, made the 2-YJ day of October, 2018, by R. BRADFORD BURNHAM, now residing at 40 Fifth Avenue, New York, New York 10011, hereinafter referred to individually as the"Declarant"., WHEREAS, the Declarant is the owner of a certain parcel of real property situate at a private road off Peninsula Road, Fishers Island, Town of Southold, Suffolk County, New York, as shown on the map entitled "Plan of Peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Conn. 1913", which map was filed in the Office of the Suffolk County Clerk on March 11, 1913,file No. 223, said parcel of real property bearing Suffolk County Tax Map Number 1000-010.00-04.00-009.003 and being more particularly described on Schedule A hereto (th"e "Subject Parcel'); and WHEREAS, pursuant to a determination previously made in connection with an application to the Board of Appeals of the Town of Southold for a waiver of merger, in granting relief for the applicant to build on another parcel, the Board imposed a condition prohibiting development of the,Subject Parcel; and WHEREAS, for and in consideration of said granting of relief, the Board of Appeals of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of the Subject Parcel that the within covenants and restrictions be imposed on the Subject Parcel and that this Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS,the Declarant has considered the foregoing and determined that l the same will be for the best interests of the Declarants and subsequent owners of the Subject Parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purpose of carrying out the intentions'above expressed,does hereby make known, admit, publish,covenant and agree that the Subject Parcel shall hereinafter be subject to the following covenants which shall run with the land and shall be-binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. The Subject Parcel shall not be deemed to be a building site eligible for any building permits under the Town of Southold Zoning Code nor shall the Subject Parcel be improved with any buildings or structures. 2. The covenants and restrictions set forth in this Declaration can be modified only at the request of the then owner of the Subject Parcel with the approval of a majority of the Board of Appeals of the Town of Southold after a public hearing: Adjoining property owners shall be entitled to notice of such public hearing, but their consent to any such modifications shall not be required. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration as of the day and year first above written. R. Bradford Burnham 2 STATE OF NEW YORK ) ss.. COUNTY OF NEW YORK ) On the ,20�lday of October in the year 2018, before me, the undersigned, personally appeared R. Bradford Burnham, 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. (signature and AceVo indivi ual taking acknowledgment) Cir%s`S1 A • gr,c,n+1 CHRISTINE A BRIGANTI NOTARY PUBLIC-STATE OF NEW YORK No. O1 OR6366450 Qualified In Richmond County Certlticote Filed In New York County My Commission Expires October 10, 2021 3 • l ,w - f ` VP ' • IV SCHEDULE A ALL those 'certain lots, pieces or parcels of land, situate at Fishers Island, Town of Southold, Suffolk County, New York, known and designated as Lots 21, 23, 79 and 80 (together with the right of way between Lot 23 and Lot 80)as shown on"Plan of Peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Conn. 1913" and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913,file No.-223,which said Lots and Right of Way,when taken together, are bounded and described in accordance with the following perimeter description: BEGINNING at an iron pin located on the southerly side of a right-of-way at the northeasterly corner of the herein described tract, said point being located 2522.24 feet North of a point which is 1064.06 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station 'PROS'; and RUNNING THENCE North 85 degrees 04 minutes 12 seconds West, 263.15 feet to a point; r THENCE South 03 degrees 08 minutes 05 seconds East, 170.00 feet to a point; THENCE North 86 degrees 51 minutes 55 seconds East, 88.00 feet to the waters of Darbies Cove; THENCE northerly, easterly, southerly and easterly along the approximate high water line of Darbies Cove, 345 feet, more or less(an equal tie line course and distance of North 68 degrees 20 minutes 33 seconds East, 170.17 feet), to an iron pipe; THENCE North 04 degrees 55 minutes 31 seconds East, 79.81 feet to the point or place of BEGINNING. 4 BOARD MEMBERS �F SU Southold Town Hall Leslie Kanes Weisman,Chairperson �� UryO 53095 Main Road-P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI�Cou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD September 5,2018 Tel.(631) 765-1809-Fax(631) 765-9064 Stephen Ham Matthews &Ham Attorneys at Law 38 Nugent Street Southampton,NY 11968 RE: R. Bradford Burnham, Merger of Lands Appeal Nos. 4612&4632,November 19, 1998 SCTM No. 1000-10-4-13.10 and 1000-10-4-9.3 (Historically SCTM No. 1000-10-4-13.6,Previously known as 1000-10-4-1 & 8 and SCTM No. 1000-10-4-13.9, Previously known as 1000-10-4-7.1 &7.4) Dear Mr.Ham; This letter is in response to your letter dated June 28, 2018 requesting that the merger of lands for property currently known as SCTM No. 1000-10-4-13.10 be considered legal. You explained in your letter that parcels 13.6 & 13.9 have been merged(currently known as 13.10),but that you were remiss in following the condition set forth in the aforementioned variance decisions that lot 7.1 and 9.3 be conveyed as a single parcel. Since the deed of merger does not include Lot 9.3,you wish to be assured that the Board of Appeals has no objection to the issuance of a building permit for the new tax lot 13.10, which includes all former tax parcels except 9.3. After meeting with the Town Attorney, it was determined that prior variances No.4612 and 4632,which granted alternative waiver of merger for the historical parcel SCTM Nos. 10-4-7.1 and SCTM No. 10-4- 9.3 to be deeded as a single lot, is adequate, and that no further action is necessary. In addition,we have determined that in order to remedy and insure the intent of the prior decisions, a declaration of covenants shall be filed with the Suffolk County Clerk's Office that would restrict any development on tax lot 1000- 10-4-9.3. Please do not hesitate to contact our office if you have any further questions or concerns. AeslieKanes Weisman Chairperson cc: Town Attorney Town Assessors BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F $®Uf � � � 53095 Main Road•P.O.Box 1179 ®' �Q Southold,NY 11971-0959 Patricia Acampofa Office Location: Eric Dantes csa ac Town Annex/First Floor Robert Lehnert,Jr. • yQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �if°c®U Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MEMORANDUM To: Mike Verity, Chief Building Inspector From: Leslie Weisman, Chairperson Date: August 13, 2018 RE: R. Bradford Burnham, Merger of Lands Appeal Nos. 4612 &4632, November 19, 1998 SCTM No. 1000-10-4-13.10 and 1000-10-4-9.3 (Historically SCTM No. 1000-10-4-13.6, Previously known as 1000-10-4-1 & 8 and SCTM No. 1000-10-4-13.9 Previously known as 1000-10-4-7.1 & 7.4) This Memorandum is in response to a letter from Stephen Ham, Esq. dated June 28, 2018 requesting that a merger of above referenced parcels be legalized. In his letter, Mr. Ham explained that parcels 13.6 & 13.9 have been merged (currently known as 13.10), but that he was remiss in following the condition set forth in the aforementioned variance decisions that lot 7.1 and 9.3 be conveyed as a single parcel. Since the decisions may have been technically violated since the deed of merger does not include Lot 9.3, he wants to be assured that the Board of Appeals has no objection to the issuance of a building permit for the new tax lot 13.10, which includes all former tax parcels except 9.3. After meeting with the Town Attorney, it was determined that prior variances No. 4612 and 4632, which granted alternative waiver of merger for the historical parcel SCTM No. 10-4-7.1 and SCTM No. 10-4-9.3 to be deeded as a single lot is adequate and no further action is necessary. Furthermore the Board will request that a declaration be filled with the Suffolk County Clerk's Office to restrict development on tax lot 9.3. Please contact our office if you have any questions or concerns. MATTHEWS 8c HAM RECEIVED ATTORNEYS AND COUNSELORS AT LAW (�pQ 38 NUGENT STREET JUL 0 2 20IU SOUTHAMPTON,NEW YORH 11968 — ZONING BOARD OF APPEALS PHILIP B.MATTHEWS 631-283-2400 (1012-1992) FACSIMILE 631-287-1076 STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.GOM -OF COUNSEL- BARBA"T.HAM June 28, 2018 Ms. Leslie Kanes Weisman, Chairperson Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Re: SCTM No. 1000-010.00-04.00-009.003 Dear Ms. Weisman: I represent R. Bradford Burnham who owns the referenced parcel of vacant land at the Peninsula on Fishers Island which, along with former parcel SCTM No. 1000- 010.00-04.00-007.001, was the subject of a Board of Appeals decision under Application Nos. 4612 and 4632 in 1998. Under that decision, the Board granted alternative waiver of merger relief to then owner David Burnham allowing the construction of a single-family dwelling on tax lot 7.1 but prohibiting development on lot 9.3. In connection with the granting of that relief, the Board imposed conditions limiting the total land area of both parcels to one dwelling to be built on former tax lot 7.1 and requiring that the two parcels be deeded as a single 1.02-acre parcel even though they were separated by a 20-foot-wide right-of-way that was in different ownership. David Burnham sold both parcels to his brother (current owner R. Bradford Burnham) in 2006. R. Bradford Burnham, in some cases with his wife, Mary Buttrick Burnham,subsequently acquired other parcels contiguous to formertax lot 7.1 and to each other as well as a 20-foot-wide right of way between them, all as shown on the enclosed survey map. (Former tax lot 7.1 was comprised of Lots 25, 24 and 22 as shown on the enclosed map.) Earlier this year, the Burnhams asked me to merge all of their lands north of the 20-foot-wide right of way between former tax lot 7.1 and tax lot 9.3 and east of the main right-of-way that runs from south to north on the Peninsula and to cause a certificate of abandonment to be filed eliminating the 20-foot-wide right of way that bisected those lands. The purpose of the merger and abandonment was to create a single building site of 2.14 acres, double the minimum required land area in this R-40 Zone District and many times larger than most building sites on the Peninsula. Ms. Leslie Kanes Weisman, Chairperson Page 2 June 28, 2018 1 have enclosed copies of the deed of merger (Liber 12951 page 437) and the Certificate of Abandonment (CTF # 6446; ABS # 17284). As you can see, the deed of merger recites that the combined parcel will constitute a single building site going forward. At my request, the Assessors Office arranged for the County Real Property Tax Service Agency to assign a single tax map number to this merged parcel and it is now designated as SCTM # 1000-010.00-04.00-013.010. My client will soon be applying for a building permit to construct a single- family dwelling on the merged parcel and, in that connection, his architect had a preliminary conference with Chief Building Inspector Michael Verity who advised him that some Planning Board action will be required for this merger. I will be following up on that issue with the Planning Department staff. am writing to you, however, because Mr. Verity has advised me that he wanted some assurance from the Board of Appeals either that(i)the 1998 decision of the Board was not violated by my failure to include tax lot 9.3 in the deed of merger notwithstanding that it was a condition to that decision that tax lot 7.1 and tax lot 9.3 be conveyed as a single parcel, or (ii) if the decision was technically violated, that the Board of Appeals has no objection to the issuance of a building permit for tax lot 13.10, the new 2.14-acre merged parcel which includes all of former tax lot 7.1 as well as about another 1 '/2 acres of land. Whether or not there was a violation of the 1998 decision, I would very much appreciate it if, after consulting with your members and in light of the circumstances I describe below, you advise Mr. Verity that your Board has no objection to the issuance of a building permit for construction on the newly merged parcel. First and foremost, the failure to include tax lot 9.3 in the deed of merger was entirely due to my oversight and not due to some ulterior motive on the part of my client to take any advantage of the situation or to seek something to which he is not entitled. Indeed, by recording the deed of merger, he has voluntarily eliminated several potential building sites. Second, the intention of the conditions in the 1998 decision is preserved as there continues to be no separation of title between tax lot 9.3 and former tax lot 7.1 since the three Peninsula lots (25, 24 & 22) that comprised former tax lot 7.1 are subsumed within the newly merged tax lot 13.10 and both tax lots 9.3 and 13.10 are titled in the name of R. Bradford Burnham. Third, as of October 21, 2016, there is a recorded Declaration against tax lot 9.3 reflecting the conditions of the 1998 decision and putting the public on notice that it is not a building site (Liber 12884 page 805). Ms. Leslie Kanes Weisman, Chairperson Page 3 June 28, 2018 Fourth,with the recorded Declaration against tax lot 9.3 and the recital in the deed of merger that the merged parcel will henceforth constitute a single building site, the purpose of the 1998 decision to limit development on the two parcels to a single dwelling will be carried out and even extended to an additional 1 '/ acres. Given the foregoing factors, I hope that your Board will be able to advise Mr. Verity in accordance with my request. However, if you believe that further action is necessary (for example, amending the Declaration recorded in 2016 to cover the entire merged parcel in addition to former tax lot 7.1), please let me know as soon as possible. Thank you for your attention to this matter. Sincerely, 4,W4, 4., Stephen L. Ham, III Enclosures cc: Mr. Michael Verity (w/o enclosures) 4 9' r r • A ��r �, J CC#: C18-20380 :^ rN J tz COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original ABANDONMENT filed in my office on 05/14/2018 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/14/2018 SUFFOLK COUNTY CLERK Q. IZ911- -el JUDITH A.PASCALE SEAL 111111 II111 IIIII 11111 IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CERTIFICATE OF ABANDONMENT Filed: 05/14/2018 Number of Pages: 1 At: 02 : 49 :02 PM Receipt Number 18-0088930 CTF #: 6446 ABS #: 17284 EXAMINED AND CHARGED AS FOLLOWS Micro Fee $10 . 00 Received the Following Fees For Above Instrument Exempt NO Fees Paid $10 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Tf IF 1'I Number of pages ' - ;��; i'IP, F'-=C=.I.-LIZ "I 1_ [lI[�J Ii dac�_irnenl will be public _ ret-of d, Please remove all Tu .)o(J.-_-11 Ser-un (y kIr_tubers prior Lo recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 1L) Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) { ,> Sub Total ' 9 Spec./Add. { TOT.MTG.TAX EA-5217(State) �'�� , R.P.T.S.A. `-�i1�1�� . �-� � � , Dual Town Dual County ®b Held for Appointment, Comm.of Ed. 5. 00 „ �'� Transfer Tax - +�, _ + Mansion Tax Affidavit � �•� , D,µDE*0 `3 fill er.. .ed Copy �_ a_a�-� �� The property covered by Ithis mortgage is or will be improved by, a one or two Surcharge, __ 15. 00 t �� l ]� 1 family dwelling only. TVYS Sub Total YES or NO Other , C� � Grand Total V5 ( � ��' If NO, see appropriate tax clause on Aj'jJ page# of this instrument. �--, � 4 Dist. 1' S �4�CLCr d 06 5 Community Preservation Fund `10005789 Real Property) T 9 Consideration Amount $ — �- Tax Agency e P S R LPA A IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIII CPF Tax Due $ Verification 22-FEB-1 Improved v,:c 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land STEPHEN L. HAM, III, ESQ. TD MATTHEWS &HAM TD 38 NUGENT STREET SOUTHAMPTON,NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive Riverhead NY 11901 I - www.suffolkcount n ov/clerk Co Name Y Y.g Title# t1 -v= C. 8 Suffolk County Recording & Endorsement Paue This page forms part of the attached DEED made by: (SPECIFYTYPE OF INSTRUMENT) R. BRADFORD BURNHAM and The premises herein is situated in MARY BUTTRICK BURNHAM SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD R. BRADFORD BURNHAM In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 1 R IMPORTANT NOTICE If the document you've dust recorded is your SATISFACTION OF MORTGAGE, please be aware of the following. If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10u, and on or before May 3151. 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 Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N Y 11743 Southampton,N Y 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631)765-1803 Sincerely, d' Judith A.Pascale Suffolk County Clerk dw 2/99 12-0104 06/06kd pT s Doc ID: 18005789 R, LPA A 2-FEB-18 Tax Maps District Secton Block Lot School District Sub Division Name 1000 01000 0400 013006 1000 01000 0400 013009 ..,.w�..r,,.,&:a..s;�.:.t .. _, 4,'�3•*.e..[.y a;,,«. ..,.:a:..-k'P: .n......xt.«�i�..:av a?a�rtax>h'3ir�4�+v:«S.ruS:.�'^.=::JS....,e.»ixxza::.3t •,r, t r" 1' P r . ri .7° f1'r. gN ,a» ... .'•+"'s."',:•;:,y,."l�di�'r•^yC.�Tr. "'`¢Yt�z '�z�v'r�:b CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY � -10 THIS INDENTURE, made the �Ij day of February, two thousand eighteen, BETWEEN R. BRADFORD BURNHAM, �k/a R. Bradford Burnham III and Rufus Bradford Burnham III, and MARY BUTTRICK BURNHAM, 40 Fifth Avenue, New York, New York 10011, party of the first part, and R. BRADFORD BURNHAM, 40 Fifth Avenue, New York, New York 10011, party of the second part, WITNESSETH, that the party of the first part, without 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 those certain plots, pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedules A and B hereto BEING AND INTENDED TO BE (i) in the case of the premises described on Schedule A hereto, the same premises conveyed to Rufus Bradford Burnham III by deed, dated December 15, 2012 and recorded In the Office of the Suffolk County Clerk on January 17, 2013 in Liber 12717 page 774 and (ii) in the case of the premises described on Schedule B hereto, the same premises conveyed to R. Bradford Burnham and Mary Buttrick Burnham by deed, dated April 6, 2009 and recorded in the Office of the Suffolk County Clerk on May 5, 2009 in Liber 12587 page 287. Upon the recording of this deed, the premises described on Schedules A and B hereto shall merge into a single pafcel and shall constitute a single building site under applicable laws,.ordinances, rules and regulations, a perimeter description of said merged parcel being bounded and described as set forth on Schedule C hereto 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 also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein,which the party of the first part has or has power to convey or dispose of,whether individually, or by virtue of said will or otherwise, 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. R. Bradford Burnham Fl� f j� �f7� �� , ?Y C I f lr �Kn Marry Buttrick Burnham JJ-05 --3 of Standard N Y`s T U Form 8002—Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of New York ss '� rio r". State of New York, County of ss- On the �` rwday of February in the year 2018 C,0r;hylmldt On the day of in the year before me,the undersigneq,_personally appeared C,r%;, before me,the undersigned, personally appeared R. Bradford Burnham-Mand Mary Buttrick Burnham iz-"-s 13;XW-,,6 81.1\'bUM,7j personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are)subscribed to the within instrument and acknowledged to me (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), 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 and that by his/her/their signature(s) on the Instrument, the individual(s),or the person upon behalf of which the individual(s) individual(s), or the person upon behalf of which the individual(s) .cted, executed the instrument acted, executed the instrument (signature and office of individual taking acknowledgment) (signature and office of Individual taking acknowledgment) Xolciy Public -Side of New York NO.OISA6147503 Yell ll )U l dh. Civaldled In New York County fQo- 06,1(a[If 7�U- my Cemmksion Exi)ires -.n.f�yJn6 J ll,hed1! M(?,6U WK TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE 60Jn1JGIl State of , County of 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 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 in the (insert the City or other political subdivision) (signature and office of individual taking acknowledgment) DISTRICT 1000 BARGAIN AND BADE DEED SECTION 01000 BLOCK 04.00 Title No. LOTS 013 006 & 013.009 COUNTY OR TOWN Suffolk-Southold STREET ADDRESS (no#) r/o/w off Peninsula Road Fishers Island, NY 06390 R. BRADFORD BURNHAM and MARL( BUTTRICK BURNHAM RETURN BY MAIL TO: TO R. BRADFORD BURNHAM RESERVE THIS SPACE FOR USE OF RECORDING OFFICE TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADEIN'NEW YORK STATE State of New York, County of New York ss; Ay if�A I State of New York, County of ss: c�cap On the �`� day of February in the year 2018. h , On the day of in the year V r� {via;I�I•' before me,the undersigneq, personally appeared ,��;� before me,the undersigned, personally appeared R. Bradford Burnham'Pa�nd Mary Buttrick Burnham tip'} 0-'(W !-cJ personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(S) is, satisfactory evidence-to.be,the individual(s) whose name(s) is (are)subscribed to the within instrument'and acknowledged tome' ' (are)subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their capacity(ies), that he/she/they executed the same in his/her/their capacity(ies), and that by his/tier/their signature(s) on the instrument, the and that by his/her/their signature(s) on the instrument, the individual(s),or the person upon behalf of which the individual(s) individual(s),or the person upon behalf of which the individual(s) �pcted, executed the instr menu), acted,executed-the instrument. (signat'ure and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) -_AcAle_ -F, _ .tiotcy Public-,Staie,of New York•' l, , ` / r N0.01SAd147103; , �Je�) )U Qualified In PJew York County !JO i)jsA(<i{'f 7,51TMy Commission Erq�lrc�s .,g O� nZ TO"BE USED'ON_LY WHEN(THE ACKNOWLEDGMENT S.MADE OUTSIDE NEW YORK STATE State of County of 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 whose name is subscribed to the within instrument and,acknowledged td-methat 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, 'euecuted the instrument, and that such individual made such appearance before the undersigned:in the--, in the (insert the City or other political subdivision) (signature and office of individual taking acknowledgment) DISTRICT 1000 BARGAIN AND SALE DEED SECTION 010.00 BLOCK 04.00 Title No. LOTS 013.006 & 013.009 :COUNTY OR TOWN Suffolk-Southold ;STREET ADDRESS, , ,(no,#) f/o/w off Peninsula Road Fishers.Island, NY 06390 R BRAD F0RD'BURNHAWtiind MARY BUTTRICK BURNHAM RETURN BY MAIL TO: TO R. BRADFORD BURNHAM RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE B ,to DEED . &rads B�rnhorn� � Party of the First Part: R. Bradford Burnham and Mary Buttrick Burnham Party of the Second Part: R. Bradford Burnham Deed Dated: Februaryff; , 2018 SCTIVI No. 1000 - 010.00 - 04.00 - 013.009 ALL that certain plot, piece or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point located at the southwesterly corner of Lot 4 as shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge and Frances G. Thorp, made by Chandler& Palmer, Engineers, Norwich, Connecticut, 1913", and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, File No. 223, said point being located 2724.43 feet North of a point which is 930.94 feet East of a monument marking the _United States Coast _and Geoctetic_Su_ -ey Triangulation.Station"PROS"; and RUNNING THENCE North 04 degrees 55 minutes 48 seconds East, 146 feet, more or less to the shore of West Harbor; THENCE southeasterly with said shore 150 feet, more or less, to a point; THENCE South 04 degrees 55 minutes 48 seconds West, 132 feet, more or less, to a point; THENCE continuing South 04 degrees 55 minutes 48 seconds West, 170.00 feet to an iron pin in the northerly line of a right-of-way at the southeasterly corner of Lot 22 as shown on said "Plan of Peninsula"; THENCE North 85 degrees 04 minutes 12 seconds West along the northerly side of said right-of-way, 150.00 feet to an iron pin; THENCE North 04 degrees 55 minutes 48 seconds East, 150.00 feet to an iron pin, said iron pin being located 2704.51 feet North of a point which is 929.23 feet East of said "PROS" monument; THENCE continuing North 04 degrees 55 minutes 48 seconds East,20.00 feet to the point or place of BEGINNING. u� SCHEDULE A to DEED fit fi &Micd gut lllvnV Party of the First Part: R. Bradford Burnham and Mary Buttdck Burnham Party of the Second Part: R. Bradford Burnham Deed Dated: February 15, 2018 SCTM No. 1000 - 010.00 - 04.00 - 013.006 r ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point located at the southwesterly corner of Lot 28 as shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge and Frances G.Thorp, made by Chandler & Palmer, Engineers, Norwich, Connecticut, 1913", and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, File No. 223, said point being located 2564.99 feet North of a point which is 801.26 feet East of a monument marking the United States_Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 03 degrees 21 minutes 12 seconds West, 173.70 feet to a point which is located 2738.39 feet North and 791.10 feet East of said"PROS" monument; THENCE North 85 degrees 04 minutes 12 seconds West, 10.11 feet to a point; THENCE South 86 degrees 38 minutes 48 seconds West,10.00 feet to an iron pipe; THENCE North 03 degrees 21 minutes 12 seconds West, 150 feet, more or less, to the shore of West Harbor; THENCE southeasterly with said shore 182 feet, more or less, to a point; THENCE South 04 degrees 55 minutes 48 seconds West, 146 feet, more or less, to a point; THENCE continuing South 04 degrees 55 minutes 48 seconds West, 170.00 feet to an iron pin in the northerly line of a right-of-way at the southeasterly corner of Lot 26 as shown on said "Plan of Peninsula"; THENCE North 85 degrees 04 minutes 12 seconds West along the northerly side of said right-of-way, 115.50 feet to the point which is located 2564.99 feet North and 801.26 feet East of said "PROS" monument at the point or place of BEGINNING. SCHEDULE C to DEED Party of the First Part: R. Bradford Burnham and Mary Buttrick Burnham Party of the Second Part: R. Bradford Burnham Deed Dated: February 6, 2018 Perimeter Description of Merged Parcel SCTM .Nos.-1000 - 010.00 - 04.00 - 013.006 and SCTM No. 1000 - 010.00 - 04.00 - 013.009 as Merged into a Single Parcel ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at an iron pin located at the southeasterly corner of Lot 22 as shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Connecticut, 1913", and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, File No. 223, said iron pin being located 2542.17 feet North of a point which is 1065.78 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 85 degrees 04 minutes 12 seconds West along the northerly side of a right-of-way, 150.00 feet to an iron pin; THENCE continuing North 85 degrees 04 minutes 12 seconds West along the northerly side of said right-of-way, 115.50 feet to a point which is located 2564.99 feet North and 801.26 feet East of said "PROS" monument; THENCE North 03 degrees 21 minutes 12 seconds West, 173.70 feet to a point which is located 2738.39 feet North and 791.10 feet East of said "PROS" monument; THENCE North 85 degrees 04 minutes 12 seconds West, 10.11 feet to a point; THENCE South 86 degrees 38 minutes 48 seconds West,10.00 feet to a point; THENCE North 03 degrees 21 minutes 12 seconds West, 150 feet, more or less, to the shore of West Harbor; THENCE southeasterly with said shore 332 feet, more or less, to a point; THENCE South 04 degrees 55 minutes 48 seconds West,,132 feet, more or less, to a point; THENCE continuing South 04 degrees 55 minutes 48 seconds West, 170.00 feet to the iron pin located at the southeasterly corner of Lot 22 as shown on said"Plan of Peninsula" at the point or place of BEGINNING. t Y 1111111 IIII VIII VIII VIII VIII(IIII(IIII VIII IIII III I 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/26/2018 Number of Pages: 6 At: 11: 09:51 AM Receipt Number : 18-0035337 TRANSFER TAX NUMBER: 17-23116 LIBER: D00012951 PAGE : 437 District: Section: Block: Lot: 1000 010 .00 04 . 00 013 . 006 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO Handling $20 .00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125 .00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $7 . 50 NO RPT $400 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $612 .50 TRANSFER TAX NUMBER: 17-23116 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County CERTIFICATE OF ABANDONMENT PURSUANT TO SUBDIVISION 3 OF SECTION 335 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK R. BRADFORD BURNHAM, now residing at 40 Fifth Avenue, New York, New York 10011, for the purpose of abandoning and canceling the portion of a private road or right-of-way owned by him and.located off Peninsula Road at Fishers Island in the Town of Southold, County�of Suffolk and State of New York, said portion of private road or right-of-way being described below, and pursuant to the provisions of Subdivision 3 of Section 335 of the Real Property Law of the State of New York, DOES HEREBY CERTIFY: 1. That a certain map, entitled ElPlan of Peninsula at Fishers Island owned by Charles W. Hedge & Frances.G. Thorp, made by Chandler& Palmer, Engineers, Norwich, Connecticut, 1913", was filed in the Office of the Suffolk County Clerk on March 11, 1913 as Map No. 223 (the Filed MapQ. l 2. That a twenty-foot wide road or right-of-way is shown on the Filed Map as bordered by subdivision Lots 1, 2, 3, 4, 5, 6, 7 and 8 (as shown on the Filed Map) on the north and by subdivision Lots 28, 27, 26, 25, 24, 22, 20 and 18 (as shown on the Filed Map) on the south. 3. That a deed evidencing his ownership of said Lots 1, 2, 3, 4, 5 and 6 and said Lots 22, 24, 25, 26, 27 and 28 and of the portion of said twenty-foot wide road or right-of-way lying between said two groups of six Lots each, was filed in the Office of the Suffolk County Clerk on February 26, 2018 in Liber 12951 at page 437. Filed Map. 4. That more than twenty years have elapsed since the filing of the 5. That the portion of the private road or right-of-way owned by him and to be abandoned is neither opened, nor a public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest in the subdivision Lots shown on the Filed Map. 6. That attached hereto as Schedule A and made a part hereof is a 1 aJ legal description of the portion of the private road or right-of-way owned by him and to be abandoned. 7. That the undersigned, as owner of the portion of a private road or right-of-way lying between Lots 1, 2, 3, 4, 5 and 6 and Lots 28, 27, 26, 25, 24 and 22 as shown on the Filed Map and described on Schedule A hereto; DOES HEREBY ABANDON AND CANCEL said portion of private road or right-of-way as shown on the Filed Map and-described on Schedule A hereto and, effective with the due approval and recording hereof, the same shall no longer exist as a private road or right-of-way. 8. Endorsed hereon and attached hereto is the approval of the Board of Assessors of the Town of Southold. 9. Submitted herewith is an abstract of title to the said portion of private road or right-of-way to be abandoned covering a period of at least twenty years last past and a certification by a duly licensed title insurance company doing business in the County of Suffolk to the effect that there are no unpaid taxes or tax liens against said lands, to be approved by the Clerk of the County of Suffolk at the*time of recording of this Certificate of Abandonment. IN WITNESS WHEREOF, the undersigned has made and executed this Certificate of Abandonment this day of Mairch, 2018. R. Bradford Burnham State of New York } ss.: County of New York} On the q day of March in the year 2018 before me, the undersigned, personally appeared R. Bradford Burnham, 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. Notary Public CHRISTINE A BRIGAND NOTARY PUBLIC-STATE OF NEW YORK No. 01 OR6365450 Qualified In Rlchmond County 2 Certifleate Filed in New York County My Commission Expires Oeteber 10, 2021 ' S SCHEDULE A All that certain plot, piece or parcel of land, located at Fishers Island in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of a twenty-foot right-of-way leading northerly from the highway leading to Peninsula Point, so called, said point being 2738.39 feet North of a point which is 791.10 feet East from a monument marking the U.S. Coast & Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE along the southerly line of Lots 1, 2 and 3, as shown on a certain map, entitled "Plan of Peninsula at Fishers Island owned by Charles W. Hedge & Frances G. Thorp, made by Chandler& Palmer, Engineers, Norwich, Connecticut, 1913", which said Plan was filed in the Office of the Suffolk County Clerk on March 11, 1913 as Map No. 223, South 84 degrees 18 minutes 01 second East, 140.54 feet to a point at the southeasterly corner of Lot 3.and the southwesterly corner of Lot 4 as shown on said Plan; THENCE along the southerly line of Lots 4, 5 and 6 as shown on said Plan South 85 degrees 04 minutes 12 seconds East, 150.00 feet to a point at the southeasterly corner of Lot 6 as shown on said Plan; THENCE South 04 degrees 55 minutes 48 seconds West, 20.00 feet to the northeasterly corner of Lot 22 as shown on said Plan; THENCE along the northerly line of Lots 22, 24 and 25 as shown on said Plan North 85 degrees 04 minutes 12 seconds West, 150.00,feetto a point at the northwesterly corner of Lot 25 and the northeasterly corner of Lot 26 as shown on said Plan; THENCE along the northerly line of Lots 26,27 and 28 as shown on said Plan North 84 degrees 16 minutes 46 seconds West, 137.63 feet to a point at the northwesterly corner of Lot 28 as shown on said Plan and the twenty-foot right-of-way first above mentioned ; THENCE along the easterly line of said twenty-foot right-of-way North 03 degrees 21 minutes 12 seconds West, 20.20 feet to the point or place of BEGINNING. BEING a strip of land twenty feet in width located between (i) a parcel of land comprising a part of Lot 1 and all of Lots 2, 3,4, 5 and 6 and (ii) a parcel of land comprising all of Lots 22, 24, 25, 26, 27 and 28 shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge&Frances G.Thorp, made by Chandler&Palmer, Engineers, Norwich, Connecticut, 1913", which said Plan was filed in the Office of the Suffolk County Clerk on March 11, 1913, File No. 223. 3 r, r APPROVAL BY BOARD OF ASSESSORS FOR THE ABANDONMENT OF PROPERTY WITHIN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK AND STATE OF NEW YORK The Board of Assessors of the Town of Southold, County of Suffolk and State of New York, has reviewed and examined the Certificate of Abandonment to which this Approval is attached and, according to the best information and belief of said Board of Assessors, the maker of said Certificate has met all of the requirements of law governing the abandonment of lots and streets, if any, on the Filed Map defined therein. THEREFORE, the Board of Assessors of the Town of Southold, County of Suffolk and State of New York, DOES HEREBY APPROVE AND CONSENT TO the foregoing Certificate of Abandonment to be filed in the Office of the Suffolk County Clerk at Riverhead, New York. IN WITNESS WHEREOF, this Approval, has been duly subscribed by the Chairman of said Board of Assessors this'4 of , 2018 at Southold Town Hall, 53095 Main Road, Southold, New York. BOARD OF ASSESSORS OF THE TOWN OF SOUTHOLD BA& Ala.O&� Y Kevi n W. Webster, Chairman State of New York } ss.. County of Suffolk } ,gay On the day ofiin the year 2018 before me, the undersigned, personally appeared Kevin W. Webster, 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. r � cN tygmic Notary Public,State of New York No.01 GL4879505 qualified in Suffolk Cou "bm,mission Expires Dec.8 j 4 1 W E S T H A R B O R DEED LME- ALONG THE SHORE OF WEST HARBOR I I — SURVEY CLOSING LINE-NOTA S a3.3f1�QT•E BOUNDARY LINE I � B EACH � _330.10' • _ / I Rac B E A C H 6EPS \ I _ \ I TOP OF BANK ACCESS I ROCK SLOPE I Z I LIMITS OF FLOOD ONE - VE EL 13 PER FIRM MAP — `1 2 I O I #3610300010 H JHAM LOT NUMBER PER 11`/ .`IIX - O I ELECTRIC REFERENCE MAP I�/ I BOX I ' EDGE OF � � - I r B(c I �' N 2738.39 I (AWN IRIOE EXISTING ESI�ENCE y I / FLOOD PONE- - (THREE ED S) AE EL 11PER FIRM MAP '1 _ /36103C0o10 H I '� S a4• 18'01•E 140.140•—— 1 63!'49•—W N 8504'12'W .04• 10.11 1— N 4, 4a—W 1371,I TO BE OF WAY �.. 12•E 130.00' i �---- I — _ ABANDONED— y I i N_95'— 04'Jr 150.00' - I RIGHT I I OF WAY le. I -I I = C '1 1C 1S00 GAL I 6'SLEEVE FOR o 4NHAM & N 1, SEPTIC T-11 4-SEPTIC PIPE WARD RESIDENCE- WATER- IC ESIDENCE- WATER- l IC SYSTEM) I I I 1. — -�I -•— / I I LEACHING `I I\ FLOOD ZONE- 1 I I POOL(2) I AE EL 10 PER FIRM MAP/3610300010 H 1- I �DREL RAVEJ M 1 II N, ' I I \•�I \A ''1 \ 11 I I 1 1 i N1, I 1 1 �I \\/ ;I I Oi i I ` APPROX.LOCATION Kt. 1/ 22 EXISTING 1'COPPER 1 I % WATER SERVICE 1 IIl I \ IC II N/F i BRADFORD NHAM III IILY RESIDENCE- II 1 N 85'04'72•W 115.50- N 'AL WATER- I O t ------- a --LF EPTIC SYSTEM) "'STING GRAVEL OD ------------------- - - I / ............ ------ 1so.Do i i - `4�4 ------- 11 , E 801.26 / - -_' ' II ----- --------------- -- ---------------- a N/FI _ N 2542.17 I I BRADFORD -�- E 1065.78 BURNHAM (VACANT LAND) 1 ,' ','• f .],r,� ,` .Lam' ,'• .. �,f� - ^•V v __ t �, '�•. �}..r ei.��..,•;T*� f.,.,,-,�'•.; P. �;t{ J lr -•i] cA.' .a.,•' `„��''{'�. .4: .•'I: '"'F`:: ,?,:?'J•':':1+.••'•::`- `?Ysi: -``;t; 1� .�; .�\ <. f:;y�,�:�.-,' etl ,. 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A'. :'kn':�t1 a�"�• 1 J•9 :i�.'' �' Tri; 10 GOOSE his-�e�e ISLAN EXHIBIT A 0 a 1 � 0 •,�16I � _ 155x. . . 1006 in fl) f21 (31 (4) I(5) c61 (7) ( (9) J (8) 7.2 a i29 1 7. a 2.OA(c) 152 1150 ^ ��: 300 (2(') 287 '0 (2,0) 1371 15J �— rfM`f 2 18 1 In �. �+ � •2t0a (32) )(27)1(26) (zsl i(Z,)7.1c22 (201 Itis) 111 1116 ,15D I 100 � I 3 (:1) (33) 366 (20') 373 25s \ ,`'1•_7..3 263 9.3L�a� IIo �• '--- r9`234( ) 9.4 Gln HARBORI �— CSS, c I (16J c791 \` • p 1 88a � ,,• HARBOR)/ (36190 (781 LJA(� �/ �%\ �1►1 2".• aoi —J u� 88a \\ \ 091 (�) 176)c \ uz o -a 9. 1 775s (751 �' ) Q ,o '•y� ( ' 9- f�\\ (741 (4 21 s" ��, — 10 CO E 30 m r (44) res �,° !e 12.2 p (45) reo 9 gp\\r�\ �1zo� �s •. 12.3 tae (46) \ reg 10 i48) N% �( 6) r87)r c5o)1 (49) ) 391 o\ r0 12hti` 52 s1 / 1.2A{CIrB O (51;\13*°6 �` � q1 a 17 /ll 9, ?0 `ro �•,l 9St2,7aa ,�15 sIs rs„/8 ,/1 51 �1Jske 14OS4 h �5os e03 -`��ss$' 9 2002 51 23.1 \.3 si~ 21 •ti° J7.25 14 / (sz, ' `2' (+e1 rss,� //�!' 12 //! rsJl 102 r60,~ // 22/ / J �n 1.5A(C) •'\�./ s! (61) 6t d0 14 J 100 ry 1p 13 s? 58 �? INNER ti s> BAY 54 19.1 d� U JJ .. 44-1 & 2 I..L SITE �LI (0 E } m c°� 0 = o a' o _ 0o LLoa) W E S T H A R B O R5.r w 44.5 w :� N to i .> U N ----------------------- ... --- DEED LINE- ••• Q v U m • ALONG THE SHORE 44-6 o in • 332'f OF WEST HARBOR 0 •� E wo W � ,,^^ -0 - rn ... V/ > N - _— 44-15 Q L � 00 00 00 30'03" E 44-16 + SURVEY CLOSING 3 t ® (•� C I LINE- NOT A� I B E A C H30.10 BOUNDARY LINE I I cc ROC B E A C H 44-17 J STEPS • 0 0 0 ��i'�\C`J`-" 0 0 0 0 0 0 0 0 0 I -- - 44-18 44-29 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I TOP OF ROCK , BANK ACCESS ; SLOPE 4-2 44-19 44-20 (A LOCATION MAP SCALE 1 "=400' NIF R. BRADFORD I O BURNHAM & I I I LIMITS OF FLOOD ZONE- , - /I:i M MAP REFERENCES R:fiET11_ I 2 3 I VE EL. 13 PER. FIRM MAP \I/ la ZC MARY BUTTRICK BURNHAM o I I #36103C0010 H — — — 1.) PLAiV OF PENINSULA AT FISHERS ISLAND OWNED BY CHARLES W. HEDGE AND JIJ�� lid (VACANT LAND) �'� I I FRANCES G. THORP, MADE BY CHANDLER & PALMER, ENGINEERS, NORWICH, \ =, 4 % CONNECTICUT, 1913" -FILE #223, OFFICE OF THE CLERK OF THE COUNTY OF j.;;jit.:G FOARL OF APPEALS / _ , \, I 3 SUFFOLK. LOT NUMBER PER I ELECTRIC❑ 'oO I i REFERENCE MAP 15 I i I BOX 1 I i I ul 4l NOTES O I I co 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED I . HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE DECK ENGAGEvIENT. I I ;i EDGE OF TELEPHONE 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS II i\ I i N 2738.39 I /, ', /; \ LAWN BOX Q o / , ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN I E 791.10 , , ` / / .0 I (TYP) % o ITEM IN ANY WAY. I IRON % ;`' i 70 I 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S PIPE / IXISTING RESIDENCE 1 i ? / - i SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF / I FLOOD ZONE- _ / / THE LAND SURVEYOR. �- — — — (THREE EDROOMS) / l N F �— AE EL. 11 PER FIRM MAP / I / S 84• 18� 01.; — // #3610300010 H I I i JOANNE M. BURR 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC Q S 8538'48" W N ! E 140.54 �---�. / / , I i i (SINGLE FAMILY RESIDENCE— SURVEY TRIANGULATION STATION "PROS" 10.00' /,/// / — — I , MUNICIPAL WATER— CL z Y �- — — I I ON SITE SEPTIC SYSTEM 5.) SITE. IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, 0 0 N 85'04 12 W — — _ I I ) SECTION 010, BLOCK 4, LOT 13.10 Q }- 10.11 — N 3�6' 46" 20' RIGHT S 85. 04 — — I D 0 —W 137.63. I OF WAY 12" E 150.00' i --_— — — I I 6.) TOTAL AREA = 2.14E ACRES. m w I g — TO BE ABANDONED I z — — — o i i 7.) SITE IS LOCATED IN R-40 ZONE. � IQ Q Q Io— — ui ' o 8.) A PORTION OF THIS PROPERTY LIES WITHIN FLOOD ZONES VE(EL.13), w c �/ Z z �I N 85 04_12" 00_ a W 150. AE(EL.1 i) AND AE(EL.10) AS SHOWN ON FIRM-FLOOD INSURANCE RATE MAP � a- w g =1 �— — I SUFFOLK COUNTY, NEW YORK COMMUNITY: TOWN OF SOUTHOLD #360813, PANEL 0 w 20' I _ I — I 39 OF 1026, MAP SUFFIX: H, MAP NUMBER 36103CO010H REVISED: SEPTEMBER � RIGHT I I OF WAY i 25, 20G9. Q (0 w /II I Q 2 I i I m CA I \I I I I z � I o ,I 1 i CERTIFIED TO: N/F o c \/ 1500 GAL. 0 I 6" SLEEVE FOR I - -\'_ , I 1 I DAVID C. BURNHAM & N SEPTIC TANK O 4" SEPTIC PIPE j` \I' 'I I I R. BRADFORD BURNHAM o i I FIDELITY NATIONAL TITLE INSURANCE COMPANY HELEN B. WARD �� __ I \i o � IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS OF THE (SINGLE FAMILY RESIDENCE— N /}----------- -- __ ► a I I \ I i i NEW YORK STATE LAND TITLE ASSOCIATION. MUNICIPAL WATER— ON SITE SEPTIC SYSTEM) - �/ I 1 I LEACHING E .H POOL (2) I ,I FLOOD ZONE- j, I I ' '—i -- ` • "'',J H• AE FL. 0PER R MAP #36103CO0 1 H00 1 o - GRAVEL 1� e 0\ DRIVE 1 O I 2 8 27 2 5 I II u i > t-- o (n CD > LLJUJI IRON PIPE I I I 1 _ _ 22 APPROX. LOCATION �I �I'I\ � I I J I / EXISTING 1" COPPER O I I / / 1 ; i o WATER SERVICE _\,_ /_ /_ = 2 4 i / z 0 N/F RUFUS BRADFORD �`. ' vd I I j o BURNHAM III i _ —, p Q / z (SINGLE FAMILY RESIDENCE— I ��, � � N ss•o4'l2" W IRON Q 10MUNICIPAL WATER— i `� 115.50• PIN � / I ON SITE SEPTIC SYSTEM) -------------____ I ;I �, ; ° o N00 0 a N 8504'12" W �•- 0 i N 2564.99 EXISTING GRAVEL ROAD ---"'---- � I � E 801.26 --------------------- b x Q'-----------------------.�_ 150.00' I 14' j ��\ I F� o w �I Q — — -_— __----------------- N C9 3 ---__-_ ----- --"'� — — - — I- z _j I- Li I ----- — _ o------- IRON PIN —� --_— _ Li Y 0 z y L` w — — — — ------- __—_-_ — --__ N/F NOW OR FORMERLY o o vi Q w o w __L-_- J /Q --------------- ___- NIF __ 0_ t7] p p U U L- co BRADFORD \ 4 — ----- — _ N 2542. 17 ------ ------------------- BURNHAM E 1065.78 DATE: 03/13/2018 (VACANT LAND) SCALE: 1 " = 20' QUALITY CONTROL CERTIFICATION GROUP REVIEWED DATE PROJECT MANAGER SURVEY ENVIRONMENTAL 20 10 0 20 SHEET CIVIL GRAPHIC SCALE IN FEET 1 OF STRUCTURAL ARCHITECTURAL iE j LEGAL NOTICE p SSC SOUTHOLD TOWN BOARD OF APPEALS Qo THURSDAY, OCTOBER 15, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 15, 1998 at the time noted below (or as soon thereafter as possible): 7:00 p.m. Appl. No. 4612 — D. BURNHAM. Requests for (a) Lot Waiver for 1000-10-4-7.1 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-7.8, 7.2, 7.3, 8; and (b) Lot Waiver for 1000-10-4-9.3 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-9.4, 9.21 7.1. This property is shown on the filed "Plan of Peninsula at Fishers Island," located at Darbies Cove, Private Road (extending off the north side of PennisulaRoad, Fishers Island, Town of Southold, Suffolk County, NY. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. j Dated: September 29, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ' GERARD P. GOEHRINGER, Chairman By: Linda Kowalski / r FORM NO. 3 f ! r , ` Q .TOWN OF SOUTHOLD BIIILDING DEPARTMENT MAY 21 I SOUTHOLD, N.Y. i® TT `� Q.o0 NOTICE OF DISAPPROVAL 3 DATE- _2/.10/98,._ Ste hen Ham .III . A/CBurnham, David 45 Hampton Road, . . .. . . . . . . . . . . . . . . . .. . Southampton, NY. 11968 .. PLEASE TAKE NOTICE that your application dated -;December- 16,_.. .. . 1997.. . . for permit to construct a single family dwelling at Location of Property Off Penins_u_la_ Road-_ Fishers_ Island-. . - House No. Street Hamlet County Tax Map No. 1000 - Section jq . .... .. . BLOCK .. .. .4.. ... LOT Subdivision . . . . .. .. ... .... . . . .. . . . . . .. . . . . Filed Map No. . . .... .. Lot No. . . . . . . . is returned herewith and disapproved on the following grounds Accord ng_to_ the_Titlp. . . . . . . Searchsubmitted prepared by Fidelity National,Title Insurance Comppny_bp11ppp... . . . . . . . . -.. conforming lots are in the same name of Bette.Spobn.and.the.lots_d . .. .. .not any of the exceptions; pursuant to Article 11 100-25 A h C. Action required by the . . . . . . .. . . . .. . .. . .. . . . . . . . . .. .... .. . . . . . . .... . . ... . .. .. . . . ... .. - Zoning Board of Appeals. - - - - • . . . . . . . . . . . .. . . . .. . . •-- - - .. .. . . .. . .--- . . .- -- - • --- - . .... . . .. . . - - - - - . ..... . . - - - . . _ . . . - - - . . . . . . .. . . . . ._...•--... ... . .._.. . . _.. ..............._. . ..---...._.._ .. •----__.• • - -- -•. . . .. . . . . . . .. . . . . . . . . . .. ....... . .. . . . ... . .. . .... . ... .... .. . .... . . .. ...... . .. . . ... .. . . . . ... . . . . . . . . . . . . . . . . . . . . . . ... . . ... . .. . .. .. . . .. . . .. .. . .. .. .. .... • • .. . . . . .. ... .. . . . . . . . .. . . . . . . . . . . . _ . . . . . . . . . . . . . . . .. . .. .. . . ... . . . . . . .. . . . . . . . .. .. . . .. . .• •. .. . .. • - -- - . . . .. . .•• • • - - - - . . . .. . _ . . 1 _ . . ' • . . - - -- - - - - - - - - - - B LD NG NSPECTOR RV 1/80 OARD OF HEALTH FORM NO. 1 3 SETS 4 ! I DEC , 6I991 l f t TOWN OFSOUTHOLD SURVEY OF PL1N5 " BUILDING DEPARTMENT CIIECK SLOG.DEPT. } TOWN HALL SEPTIC FORH . . . . . . . . . . . . . . TOWNOFS 1 10 V s SOUTHOLD, N.Y. 11971 TEL.: 765-1802 PIp<I FF, Examined . CALL, ]9 . s MAIL. TO: ' Approved . . . . . . . . . . :, 19 . . . Permit No. . . . . . . . . . ... Disapproved a/c' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) - APPLICATION FOR BUILDING PERMIT Date , .December 12 1997 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 ;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,arid giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 issued a Building Permit to the applicant. Such 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. 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. . . . . . . . . (Signature of applicant, or name, if a corporation) 45 Hampton Ro Southampton, t 11968 (Mailing address of applicant) State whether applicant is owner,aessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . agent. . . . . . . . . . . . . . Name of owner of premises '. . . Dav,�d. C,., ,$y rnham.,, ,IT and Anne' 'H H. Burnham (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . : . . . . :. . . (Name and title of corporate officer) Builder's License No. . .N/A . Plumber's License No. .NfA . . : Electrician's License No.Nf A , . . . . , , , Other Trade's License No. . . . N/A I. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . no ,# -right` of way off Peninsula Road Fishers Island IIouse Number . . . . . . . wnberStreet Ham. . :,let . .. . . . . .: . . . . . . . . • . : . . . . .. County Tax Map No. 1000 Section . . . . 010 :00_ , , , , Block 04 00 . Lot s, _007,:001, &,',009;003 Map of Peninsula 21-25 , 79-80 Subdivision . . . . . . . . . . . Filed Map No. .��3. . . . . . . . ; . Lots, xhoAw..betWeen . . . . . - '(Namej . . . . . . . . . !. State existing use and occupancy of premise's and intended use and occupancy of proposZ3 and 80 ed construction: a. Existing use and occupancy . . . . uacant, ,land. . . . . : : . . . . . . . . . . . .. b. Intended use and occupancy • . , , single-family dwelling' (;ueoilddedo acn;eualS) XV 'Et fInP ssudxa ugss .� • . . . . . ,�.�. . . T T , � ' :7 uagda g g �S;urtcd 3fnungAZ, �"k,3 11*)AisC3"OiTfIRdAt3Yt # (' .i;unoO }fY033h5` `allgnd r(le;, 26' 61 `. . . . . . . . . ugZT . . 04I 1u4; puu: ac a q;rntaia4; pair{ uol;ualIddu oq;uc .io as rauuew a4; urspawlo our ladJa q o; ucon d I g Pus a�palr'Aou l sltt jo;saq a4; o; anl; ale uocjuocldde sc 43 3 } 3 9 IEM xlo st4; allj Puu a�lew o) pus $jom prss aq; pauuo}iad aneq io wlo cad o 4; Fn pause;uoo s;uawa}e;s Ile ;eq; :uoyeorldc 3 ; pazuo4;ne Ainp sl pus 'sjaumo 10 ,au A _plss 7 .. . . . . . . (•a}a'.caaWo a}uod-roo'juage `lo;ael}uoO} gna2V . . . .;all;si a; paweu anoq lueolldds a4;st aq;eq; sKes pue sasodap 'uroms drop�ulaq • • • . . . . , . �;oul}uoa Vulu;Icslunprnipu13o aweN) TIT. . ed. ...rl .raatTdags. . . :. . . , S S . . . : . . . �o3'jn . . 30 A.Lt n0, `NU OA A4dN d0-JjVL ,r ♦1 1I� do umal aqg 3o aPo0 Suzu0Z aug ,zapun sTao,zPd a ' pjOugnoS s; Pazzu�ooazr 9911 `OOOT gotzgszQ `OT uoT oa T4�PTTna ag•enedas- se T' L sgbT xt?g zaggauM og sa u0t4eutu1JG4GP sgsanbajjguu*tZddypu� 1041a4M a;ealpul pus saunu;aai;swoc3 suolsuawmo4s ue paaP }o[lauloo so loua;uiP �lo11q-}as Ip a}eo. 0 ;$ulpcoaoe uol duosa ioca uXaPpasodoid ro 8ugs[xa .19g oIq Pue ;aas;s anl11;agm `s5w Irng Ile bt;ouO scull ivadold . PUB iuuaia a}eoo7 °N sa 4 uzm�a 1199 snzy umoy PTo ]no saf � 'pasin6az a��IQ;LO'Id +E ON auogd . . . . X „ iPu'Taam TePT7 s 30 3aa3 00£ u?g4Tm SazadozdlsTL13 sT $T . . PPd sR , . . . .oN auogd . . . . . , . . . . . ssal . . . . . . . . 101ae14n0D }o a PPt�. . ON sa °Is auogd 05£90 i f` tg kbg V.a ssalpp . . . ;oa:!gold,lo aureN A saslwald wol) panow c_an 1IP 111199x9 �(uequzn9 auug/pj2,,eOsaslwa[d_3apoplauMO- o awe uMou�un uol}elnSai co aocteulplo 'mel guluoz .iue a;uloln uor}onl;suooupasodold saorQ •Z ;Tang. . . . . . . . . . laump lauuod 3o aw H• Palon;ls ale saslwald tloi4,ym ul ;au;srp asn to auoZ i I 1'651 . q;da(I . . . . . . . . . . . . . . . . . . . . . . cuau . .L66T `9T 'da 6o a'p ' asegoind jo aaud OST of 05T ;uoid :101 JO azrS 'o q;daQ . . . . lea sallo;S30lagwnN . . . . . . . . . . . . . N " • ;431a, . ' . . . ;uoid :uopoctl;suoa mau an;uo jo suolsuaurlCI •8 i - sauo;S to lagwnN luau . . 4; . .. .. suoI;IPPV 10 suol;ela;1e t TM d3Q ,l I}. m;anl;s awes Jo suolsuawcQ 44daa • _ . . . . sauo;S3o xagwnN . . . . . luau ;clSlall . : asn .. ad f; 4aea•lo ;ua;xo pue 9111;Vu .t3coads `A3UVdnooO(paxlwnios{e�i}awwoo Sssauun !ra 'L 33 aooll 115119 uo s;lun cul am jo . . . q 3I -9 II PJoaaqutnN srgo)olagwnu 'agulufll (uol;uatldds sup 2uclg uo pled aq o;) j s}lun urIIaMP3o lagwnu'oulllantpdI '$ . . . i (uol)du . . . 00' Zaad . . . . . . . . . . . Q i. . . . . . . . ;soO pa;curl;sg •b 3Il0M 19410 uor;llowaQ . , . . . . . .; PPt� E uol}e.tajl� . . . . . . . uoc I lunowau . . . . . . . . . . . . . 1�11da21 T 2uIPIFng maN :(aigealidde gor4m )loago)Xiom�}o a v •£ ;l �P r ,off 8 - Nov I qq w/ w E ' 1 r. l ,II k � k APPLICATION FOR WAIVER UN0'ERSEETION 100-26 This review is for lots which ha Vis M aSPAP@ ds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached) . The zoning of my parcel is presently: R-4o The size requirement for this zone is: 4n onn square feet per parcel . County Tax Map Parcel Nos : 1000 0106o - 04.00 - 7.1 & 9.3 I "> David C. Bu nham, II as owners of the contiguous lots srhown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these ;parceIIs qualify for a "waiver" under the merger provisions of Article II , 'Section 100-26 of the Southold 'Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1 . Copies of my recent tax bill for both (all ) lots . 2. Copies of deeds dated prior to ,lune 30 , 1883 for all lots. 3 . Copies of current deeds of the parcels under review- 4. Copy of the current-,County Tax- Map for-my neighborhood. 5. 5150; 00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to- file for a subdivision and, if necessary, area variances under the usual procedure . By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver . t)i9it AI F,w4fftw JR; NktffV,P.WA1!4 woo W Ntgw Vora (Applicant and owner) No,4800590 David C. Burnhamr II oultim"4n�yffalk Ceu ty Z9fRtitDire6i2/571 (Applicant and Owner) Sv toQbre g sd " 9 Q8 AQ Notary Public A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. issued by Reasons for epplication ( ta continue an next pace)- zbeta.4295 TOWN OF SOUT LD PROPERTY RECORD CARD _ OWNER STREET VILLAGE DIST. SUB. FOR ER OWNER ND E(") A R. n ::4 1'vi �ale t ,� al Q��ac L )Y i Yi Ji C!o ICI �::7:1 RES. SEAS. VL. _Q�� FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 606 (0 Ste R ^ f= d 75 f l� Qty R X - 7 c lrz Pvi 166 ) s- z) 7 t --- -- o I AGE BUILDING CONDITION — I NEW NORMAL BELOW ABOVE ^ FARM Acre Value Per Value Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK I TOWN OF SO?-", HOLD PROPERTY RECORD CARD OWNER STREET VILLAGE -------� DIST. SUB. LOT 7 r� dFi/1✓ C' f+ / / 1' o d t t ORMER 6WNER r E ACR. S W TYPE OF BUILDING RE$. SEAS. VL.-3/ fARM COMM, CB. MICS. Mkt. Value '— LAND IMP. TOTAL DATE - REMARKS r�.. r .!;(1 ,lj s; 11 - 7CoL7 � \r -------------- i Tillable Woodland FRONTAGE ON WATER . `_------- ! FRONTAGE ON ROAD Meadowland DEPTH House Blot BULKHEAD Total _ V IWTI "}may. f 7'a .. ..� t;_i.a. ` \ � I i d 5 +'.f tri t N ♦ .. 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