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HomeMy WebLinkAbout6318 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 ZBA FILE: 6318 NAME OF APPLICANT: Marc and Deidre Sokol SCTM 1000-90-3-15 and 16 PROPERTY LOCATION: 250 and 350 Lakeside Dr., and Cedar Point Dr., East, (adj. to Pleasant Inlet) Southold SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 31, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated October 2, 2009, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a nonconforming 33,736 square foot lot in the R-40 zone. It is improved with a single-family dwelling and a detached garage and shed, with frontage of 174 feet on Lakeside Drive, 129.72 feet on the western property line, 210.87 feet along Cedar Point Drive, East, 56.82 feet on Pleasant Inlet and 164.66 feet on the eastern property line. BASIS OF APPLICATION: Requests for Variances under Sections 280-105 (A and B), based on the Building Inspector's amended June 26, 2009 Notice of Disapproval concerning the legalization of non-conforming deer fencing which exceeds the code-limitation of four feet in height when located in a front yard, and exceeds the code limitation of 6.5 feet when located in the side and rear yards, at 250 and 350 Lakeside Drive, Southold; CTM 1000- 90-3-15 and 16. RELIEF REQUESTED: The applicant proposes to maintain non-conforming existing eight feet high deer fencing in both front yards and along both side yards. The code allows for four foot high fencing in the front yard and six and a half feet high in the side yards. Page 2 - July 13, 2010 ZBA File#6318 - Marc and Deidre Sokol CTM: 1000-90-3-15 and 16 AMENDED APPLICATION: During the October 1, 2009, hearing, the applicant was asked to submit an updated survey showing the location of the fencing. The survey was received on November 17, 2009, showing portions of the fence not on the applicant's property. During the February 25, 2010 hearing the applicant proposed placing the fence on their property and submitted a survey dated January 28, 2010 showing the proposed location. On April 30, 2010 the applicant's agent submitted a survey dated April 8, 2010 showing revised location of proposed deer fencing on Pleasant Inlet. ADDITIONAL INFORMATION: An adjoining property owner, represented by counsel, objected to the as built deer fencing on the neighborhood association's right of way, and the view of the fence along their common property line. During the February 25, 2010 hearing, counsel for the neighbor, stated that the applicants and the neighbors' had reached an agreement whereby the as built deer fencing, the high hedges, and the as built four foot fence in front of the hedge, would be moved onto the applicants' property. Given these changes, the neighbor agreed o support the proposed height variance for the eight foot high deer fencing behind the re-located hedge. The Board recommended adjourning this hearing and resuming on June 30, 2010, to determine if the Town Board would consider making changes to Town code which currently does not permit deer fencing on residential property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on October 1,2009, December 3, 2009, February 25, 2010 and June 30, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The appearance of deer fencing in front yards will cause a dramatic visual change in the character of residential property Although the subject property is located in an area that is seriously burdened by an over-population of deer, permitting the applicant to fence off his property in order to protect his extensive landscaping and reduce his family's risk for Lyme disease will only displace the problems from his property to his neighbors. 2. Town Law l}267-b(3){b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has hedges in both front yards along the R.O.W. that are approximately twelve feet in height with a four foot fence in front of it. These hedges and the conforming 4 foot high fence can be re-located to the applicant's property from the R.O.W. and can act as a deterrent to the deer. The applicant can lower the as built non-conforming 8 foot fencing in both of his side yards to a code conforming 6.5 feet which will also act as a deterrent to deer. 3. Town Law l~267-b(3){b)(3). The variance granted herein is substantial. The proposed fence height in the front yards is a 100% variance from the current code and the side yard represents a 25% variance. Moreover, the code does not currently permit deer fencing on residential property. 4. Town Law §267-b(3I(b)(4) Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The granting of this variance will allow the deer problem to become a greater nuisance to other neighbors and would potentially change the visual character of residential property by setting a precedent for substantial height variances on fencing in front yards. 5. Town Law §267-b(3)!b)(5). The difficulty has been self-created. The applicant installed 8 foot high deer fencing which is not permitted by Code along both his side yards and both his front yards, the latter being on the neighborhood R.O.W. instead of his own property. Page3 July 13, 2010 ZBA File#6318 - Marc and Deidre Sokol CTM: 1000-90-3-15 and 16 6. Town Law §267-b. Denying the variance requested is the minimum action necessary and adequate to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. In considering the factors in the Balancing Test, the Board finds that the potential detriment to the community outweighs the benefit to the applicant RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman(Chalrperson), and duly carried, to DENY, as applied for; And shown on the survey by Nathan Taft Corwin III dated April 8, 2010 revised proposed deer fencing. Vote of the Board: Ayes: Members ~Veisman (Chairperson), Goehringer, Schneider. (Absent were: Members Homing and Dinizio) This Resolution was duly adopted (3-0). eslie Kafies Weisman, Chairperson Approved for filing ~ /,~ /2010 / _ JUL ~ Southold Tow~ Clor~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries April 29, 2010 Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Sokol Deer Fence 1000-90-3-15 & 16 Dear Chairperson and Board members: To follow up on the last hearing enclosed please find the revised survey with the following: 1. Deer fence is shown as proposed 8 feet (corrected from 7 feet- surveyor error) 2 o The fence connects to the house in order to keep the deer from entering the protected area of the yard. We thank the Board for noticing this deficiency in our original plan and we believe that connecting the deer fence to the house will create the logical barrier preventing the deer from entering the protected area of the yard. The fence extends along the property line to the tie line (subject to Trustee approval). We show it on our plans but we will have to review how close the fence can extend to the wetland's edge with the Trustees. The deer fence is screened with mature hedge row, the mesh is a good quality large weave and almost invisible, and the posts are good quality attractive residential posts. Previously discussed, in an effort to address the Board's jurisdictional concern regarding the location of the deer fence on the Lakeside Drive and Cedar Point Drive right-of-way. My client will relocate the deer fence from the right-of-way to his property line (as shown on survey). My client has two ~front yards" (Lakeside Drive & Cedar Point Drive East). The waterfront side of his property can not be protected because the deer swim and will enter the property from the water. The deer fence protects the portion of the property which is technically a ~front yard", however, it is the play area for the children. The deer infestation at Cedar Beach Park destroys their deer resistant vegetation and more importantly the deer leave behind the feces and deer ticks which is a health concern for Mr. And Mrs. Sokol and their children. The Town Board is considering ~as of right" deer fencing in rear yards, however, we have two front yards and a waterfront property which can not be adequately protected. Therefore, I believe that we will ultimately require variances because this property is unique. We are prepared to move forward with this application since the Town Board will not likely address this situation with their code revisions. We would respectfully request a height variance for the deer fence on the applicant's property. ye~'-~r~y yours, ~P ~cia C. Moore cc: Marc & Deirdre Sokol Jennifer Gould Esq. 79"50'00" S.C. TAX No. 1000-90 03-16 £OT (~ 0 0 2'£ S.C. TAX No. 1000-90-03-15 LOT ~ 362 ,N 79o16,50 ' 26'00" W 8 ' 0.39 SURVEY OF PROPERTY SITUATE BAYVIE~ TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-90-0,5-15 1 000-90-0,5- 1 6 SCALE 1"=20' MAY 4, 2001 NOVEMBER 15, 2001 ADDED TOPOGRAPHICAL SURVEY, PROP ADDITION & SEPTIC SYS JUNE 12, 2002 REVISED PROP. 2 STY. ADDITION, ADDED TEST HOLES & ADDED PROP. SEPTIC SYSTEM SEPTEMBER 16, 2002 REVISED SEPTIC SYSTEM AUGUST 7, 2006 FINAL SURVEY OCTOBER 15, 2009 UPDATE SURVEY JANUARY 28, 2010 ADD PROPOSED RELOCATION OF DEER FENCE APRIL 8, 2010 REVISED PROPOSED DEER FENCE TOTAL AREA = 33,736 sq. ff. (TO TIE LINE) 0.774 ~c. CERTIFIED TO: MARC SOKOL DEIRDRE SOKOL FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK NOTES. NUMBERS SHOWN THUS: LOT(80~ REFER TO 1, LOT MAP OF CEDAR BEACH PARK~ FILE IN THE OFFICE OF THE CLERK OF SUFFOLK ON DECEMBER 20, 1927 AS FILE No. 90 2. THIS PROPERTY IS IN FLOOD ZONE AE (EL. 8). FLOOD INSURANCE RATE MAP No. 36105C0169 0 ZONE AE: BASE FLOOD ELEVATIONS DETERMINED 5. S.C,D.H,S. REFERENCE No. R10-02-0165 COUNTY THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, NYS. Lic. No, 50457 Nathan Taft Corwin III Land Surveyor PHONE (651)727~2090 Fax (631)727 1727 26 384} Toth, Vicki From: Sent: To: Subject: Patricia C. Moore [pcmoorel@optonline.net] Wednesday, July 07, 2010 4:25 PM Toth, Vicki; Marc Sokol Sokol fence I want to be sure that the Board remembers that they asked me to have the surveyor "stake the property line". The surveyor identified the entire length of the property line ( on both streets) up to a few feet from the creek. Please note that the survey shows the proposed relocation of the fence- there is no proposal to relocate the fence too close to the wetlands (Trustees would not allow this). Please have the ZBA refer to the survey for the proposed relocation of the deer fence- the stakes in the field merely show the property line. In some areas the property line and proposed location of the deer fence (back yard) will coincide. If you have any questions please do not hesitate to contact me, Pat [ ~'- I 'c~,~'~' ~ 54375 Stale Route 25 (cor, Main l:~. & ¥our,_~s Ave.) Southold, NY 11971 MAILING P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board o~ From: Mark Terry, Principal Planner LWRP Coordinator "~,_,/ Date: October 2, 2009 OCT - 5 2009 Re: ZBA File Reference No. 6318 MARC and DEIRDRE SOKOL SCTM#1000-90-3-15 & 16 Requests for Variances under Sections 280-105 (A and B), based on the Building Inspector's revised June 26, 2009 Notice of Disapproval concerning installation of a fence which will exceed the code-limitation of four feet in height when located in a front yard, and will exceed the code limitation of 6.5 feet when located in the side and rear yards, at 250 and 350 Lakeside Drive, Southold; CTM 1000-90-3-15 and 16. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF APPEALs THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 31, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Sokol, Marc & Deirdre Penny III Swing, Robert Ehrlich, Richard (Main Road Corp.) Municipal File Numbers 6318, 6319 6320 6322 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TO: FORM NO. 3 NOTICE OF- DISAPPROVAL Marc & Deirdre Sokol C/o Anne & Richard Pizzicara 150 Lakeside Dr. N Southold, NY 11971 DATE: March 24, 2009 Revised: June 26, 2009 3/g Please take notice that your application dated March 19, 2009 For permit to allow and install 8 foot high deer fence to, a single family dwelling at: Location of property: 350 ~akeside Drive Southold, NY County Tax Map No. 1000 - Section 90 Block 3 Lot 15 & 16 Is returned herewith and disapproved on the following grotmds: The existing and proposed 8 foot high deer fencing to this existing single family dwelling, on a non-conforming 33,736 sq. fL lot, in the Residential R-40 District, isnot permitted pursuant to Article XXII Section 280-105 (A) &(B), which states; "Fences located in the front yard shall not exceed four feet in height and when located in the side and rear yards shall not exceed 6 ½ feet in height." Authorized signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department: CC: f'fle, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Marc & Deirdre Sokol C/o Anne & Richard Pizzicara 150 Lakeside Dr. N Southold, NY 11971 DATE: March 24, 2009 Please take notice that your application dated March 19, 2009 For permit to allow and install 8 foot high deer fence to a single family dwelling at: Location of property: 350 Lakeside Drive Southold, NY County Tax Map No. 1000 - Section 90 Block 3_ Lot 16 Is returned herewith and disapproved on the following grounds: The existing and proposed 8 foot high deer fencing to this existing single family dwelling, on a non-conforming 33,736 sq. ft. lot, in the Residential R-40 District;is not permitted pursuant to Article XXII Section 280-105 (A) &(B)i which states; "Fences located in the front yard shall not exceed four feet in height and when located in the side and rear yards shall not exceed 6 lA feet in height." Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS __ Filed By:. Date Assigned/Assignment No. Housel 150 Street Lakeside Drive Hamlet Southold Section 9~0 Block_3 Lot(s) 16_L~Lot Size 33,736 sq.ft. Zone R~40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 24, 2009 BASED ON MAP May 4, 2001 Applicant(s)/Owner(s):__Marc & Deirdre Sokol Mailing Address: 2031 N. Mohawk Street, Chicago Ill 60631 Telephone: 773-729-4426 Fax #: 312-952-7732 Email: pcmoorel (~optonline.net or marc(~sokol.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 for (X) Owner, or ( ) Other: _ Email: pcmoorel~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or EAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED DENIED AN APPLICATION DATED March 19th 2009 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 105 (a) & (b) fence in front yard exceeds 4 feet and side yard exceeds 61/2 feet - Deer fencing Type of Appeal. An Appeal is made for: O~,o, op~ E A Variance to the Zoning Code or Zoning Map. /~ [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal has, E has not been made at any time with respect to this property~ UNDER Appeal No. Yea r_ (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Marc & Deirdre Sokol ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The inconspicuous post & wire deer fence is screened by high privet hedges along the road and is well hidden from view. The post and wire fence is made of light material that is similar in size and construction to the type of deer fencing added by many homeowners in the cedar beach community. The deer fencing is hidden from view by the hedges and appears as a natural screen. The hedge is over 6 feet and is a common landscape treatment in Cedar Beach community. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The Deer clear 4 and 6 foot fences easily. The property can not be enjoyed without control of the deer over-population: Any planted vegetation is eaten and the landscaping has been destroyed despite efforts to keep the deer offthe property. Destruction of the vegetation causes erosion and storm water problems in Cedar Beach. In addition the deer feces contaminate the waters of the creek. Finally, the deer carry tick diseases which are dangerous to the Sokol family. The young children play in the yard. (3) The amount of relief requested is not substantial because: The deer fencing has become the only humane control against the growing deer population. Ceder Beach community, as evidenced by many properties installing the deer fence, find that this is the only reasonable control. The fence is hidden by shrubs which are taller then the fence. However, the deer charge through the natural privet hedge, the hedge is not a barrier for the deer. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The fence provides an environmental benefit by keeping the deer away from the water and protecting the natural vegetation. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The difficulty has been created by elimination of natural predators, feeding and over population. The number of deed/auto collisions provides evidence of the overpopulation and four deer crossing warning signs were recently placed on Main Bayview Road, less than 1/4 mile from the property. The acquisition of open space in Bayview Area also provides a breeding area, the deer have extensive migratory eating habits. Are there Covenants and Restrictions concerning this land: XNo. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ATTACHED USE VARIANCE SHEET: (Please be sure to co~ Signature of Appellant or Authorized Agent Sworn to before me this ~ (Agent must submit written Authorization from Owner} dayo~)2~JAt~ ,20 ~ ._ ~o1~e1~ ~ ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE REC~vEo JUN 2 5 2009 BOARD OF APPEALS Cedar Beach Park Association Board of Directors PO Box 409 Southold, New York 11971 June 9, 2009 Board of Appeals Town of Soutbold PO Box 1179 Southold, NY 11971 Dear Board Members; Regarding the Sokol property at 965 Cedar Point Drive East, Southold: The Cedar Beach Park Association controls and maintains the roads in the Cedar Beach Park community. The Board of Directors has no objection to the location of the existing hedges or to the deer fencing behind the hedges along Cedar Point Drive East and Lakeside Drive South. We do not object to the appearance of the hedges or the deer fence and support the variance application for deer fencing. Sincerely, Theresa M. Prendergast President, Cedar Beach Park Association OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Marc & Deirdre Sokol 1000-90-3-16 t: ES' Is the subject premises listed on the real estate market for sale? 72 Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grosses? Creek 2) Are these areas shown on the map submitted with this application?~ 3) Is the property bulkheaded between the wetlands area and the upland building area? no 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination &jurisdiction? submitted Please confirm status of your inquiry or application with the Trustees: simultaneous review- want ZBA approval and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no lfyes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity &your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel existing deer fence installed within privet hedge and around property to protect against deer invasion and proposed use same (~isting: single-family; proposed: same with garage or pool, or other description.) ~C~eI¥'~D 2~05; Amhori~ed Signature and Date 1/07 ~U~t 2 ~ , !~. ~OARD OF ApPF_ALs APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Marc & Deirdre Sokol Date: June 15, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas (New Dwelling or New Additions/Extensions): Deer fencing around property Dimensions of first floor extension: Dimensions of new second floor ( no change) Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed not applicable If yes, please provide height (above ground) measured from natural existing grade to first floor: RECEZVEo JUN 2 6 2009 ~°~eo o~ ,qpp~L~ III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: same Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): fence around property Proposed increase of building coverage: none Square footage of your 1ot:__33,736 sq.ft. Percentage of coverage of your lot by building area: not applicable V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): ~r-~.,er/q~a- t:~o,,,~c/ r~t-,5.,~,~4 Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). ~- ~ 23/~ 7/2002; 2/2005; 1/2006 R~¢~VED JUN ~ 5 200~j ~OARD OF ApPEALS 61Z21 Appendix C State Environmental Quality Re~iew SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project/nformation (TO be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name Iqt A¢ 13ElP. Sfi6 a- 3. Project location: Municipalib/ 4. Precise location (Street address and road Intersections, prominent landmarks, etc. or provide map) Is proposed action: )~ NEW ( ) EXPANSION ( ) MO~ALT~.TI.O~N.,., 6. Descdbe project bdetiy: 7. Amount of land affected: Initially: acres; Ultimately: acres 8. Will proposed action comply v,4th existing or other existing land use restcctions:( ) YEs (,)~'HO If No, descdbe bdefly: 9. What is present land use in vicinity of project: (describe): X) Residential ( ) Industrial ( ) Commercial ( Agricultural ( ) Park/Forest/Open Space ( ) Other ) 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? (X) YES ( ) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? [(/~) YES ( ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? I( ) YES p NO If Yes, list agency(s) and permit/approvals: I ce~t~fy~att_~he information provided above is true to the best of my knpwledge Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Patricia C. Moore, Marc & Deirdre (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name,) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", Trustees name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X. Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided, The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE JUN 5 2009 ~O'~RO OF,4pp~.4/~ Submitted tire.ay Signature~ ~.~ ~ Print Name.'~F~tricia CL Moore Owner :Marc & Deirdre Sokol AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WItEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ .dH applications requiring an agricultural data statement mUst be referred to the Suffolk CounO~ Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name ofApplieant: ~_t~: 't- ?~//e't~t,~ 5C~}C~/'_ 2) Address of Applicant: ~ S-'O /.- ~ (cfr .~-r'~t' ~//~'ktn': ...~:9~a ,/~ 3) Name of Land Owner (if other than applicant): 5o.,sa~ 4) Address of Land Owner: 5) Description of Proposed Project: r'~_~,~4_ ..~.4f~c~ 6) LocationofProperty(roadandtaxmapnumber): /t~OO ~ ~'0 - 3--/(-- 7) Is the parcel within an agricultural district? [~No I~Yes If yes, Agricultural District Number 8) Is this parcel actively fanned? [~]No I-lyes 9) Name and address o~ any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or th~eals at 765-1809. G /Zg/ JUN252009 S~ri~ture of Applicant Date Note' · . 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the propos'~ed~'a~ on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete~ul~AF for proposed actions that are subject to the Town of Southotd Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). l~f any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the followhng places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# qo _ ,J 3 - lC The Application has been submitted to (check appropriate response): TownBoard [--] PlanningBoard~ BuiidingDept. ~_~ BoardofTrustees Cat?gory of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ~ construction, planning activity, agency regulation, land transaction) [-~ (b) Financial assistance (e.g. grant, loan, subsidy) (c-)----Permit, approval, license, certi~a~i~)-ni Nature and extent ofacfion;..~ Site acreage: ~'~, Present land use: .~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:_ ,44(/A~(_., o' (b) Mailing address: ~--~,/e, /~r~4t (e) Telephone number: Area Code (). (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No [~ If yes, which state or federal agency?. C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use f Infrastructure, makes beneficial use Of a coastal location, and 0 ' minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [-X~¥es [] Mo ~] No[Applicable Attach additional sheets if necessary rofity~.Trotec~t-anti preserve i~is~?[c a~d~-r~li~i~6 ol~g~c'~lTg~ources oITh~ oT6~S~fi~h~ LWR~- Section III - Policies Pages 3 through 6 for evaluation criteria Attach additional sheets if necessary LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria Yes No NotApp,icab,e Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of Southold. see At~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes ~ No [-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and iinprove water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria [-~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies;_ Pages 22 through 32 for evaluation criteria. - Attach additional sheets if necessary 804~'OOp.4~'ot/Y, _ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Pages 32 through 34 for evaluation criteria. Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for e ' ' ' valuation criteria. ['-] Yes [-~ No [~ Not Applicable / PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of tt~e Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evalnation criteria. Yes ~-] No [~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ttses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. -~-~y~ ~-~-N6'-~q% t AP-01ic aqSle ....... Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~-] No [~ Not Applicable Created on 5/25/05 11.'20 AM ./oo, o- ?~-~--/~ TOWN OF SOUTHOLD PItOPERTY RECORD CARD OWNER STRE~3~O VILLAGE DISTRICT SUB. SEAS. IMP. ...L rj'-n-r, ) c//Or) Tillable 2 Tillable 3 Woodland Swampland Bcushland Total House Plot VL. TOTAL E W FA RM DATE COMM. I IND. REMARKS TYPE OF BUILDING. CB. I MISC. (tension /.,~, ~, ,~/ ~,; ~- ~-~r~ ,. ,..-, ., , ,'z-~c. ~ ..~e~ ~ ~ F~ ~'Z <tensi~ /~ ; ~ ,/~, 7_. ~t. Walls ~.~ ,v-o~a,(' Interior. F~nish W-~ / ~'~' ~ Porch Attic ~ z , ~ ~ /~ ~ ~l~ Porch Rooms 1st Flor ~ X ~ I1~- , x~:~ Patio Rooms 2nd Fl~r arage 4~ ~ ~ z ~ ~ ~ ~.~ / ~ Driveway ~0~- /~_ ~,~_,?._/~T-OWN OF SOUTHOLD PROPERTY RE(;ORD CARD OWNER STREet Z 50 WLb~GE D,ST.SUB. FORMER E ACR. ES. SEAS. VL ~,, FARM COMM. CB. MISC. Mkt. Value --~D IMP. TOTALS// DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Volue Per Volue Acre · ]lbble 2 /oodland ~ampland FRONTAGE ON WATER rushland FRONTAGE ON ROAD / iL',-"~.~ ~' ouse Plot DEPTH BULKH~D oral DOCK Marc & Deirdre Sokol June 15, 2009 Patrie~a C, Moore. Esq. g 51020 Main Road Southold, NY 11971 Dear Ms. Moore: 80'41~D O,e 4ppE4~$ We, Marc Sokol and Deir~e Sokol, hereby aurorae you to ~e ~y ~d ~l applioatione ~d appe~ on my be~lfto th~ Sou~old To~ Zon~g Bo~d of Appeals. Town Bo~d of Trustees, New York State DEC ~d ~y o~cr neeess~ agencies on my reg~ding prope~y located at 150 l.ake~de ~dve. Southold, New York (~c~: I Very traly yours. ~D~_E SOK~)L PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 24,2009 u4~'t) o~4~,4/.~ Attn: Gerard Goehringer, Chairman Zoning Board of Appeals Main Road Southold NY 11971 RE: VARIANCE APPLICATION - MARC & DEIDRE SOKOL PREMISES: 350 LAKESIDE DRIVE, SOUTHOLD SCTM: 1000-90-3-16 '~ 10~' Dear Mr. Goehringer: With reference to the above, enclosed please find 8 sets of the following: 1. Current Notice of Disapproval 2. Application with authorization. 3. Survey with my highlighted area of deer fencing. 4. Photographs of existing conditions 5. Project description, questionnaire form, transactional disclosure and Agricultural data statement forms 6. Town property card 7. LWRP form 8. Environmental Assessment form 10. My client's check payable to the Town of Southold for the filing fee Please place this on your earliest available calendar. Thank you and if you should have any questions, please give me a call. PCM/~ encls. r. ~V~'"~uly yours, Patricia C. Moore ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 29, 2009 Zoning Appeal No. 6318 Transmitted herewith is Zoning Appeals No 6318 Mare and Deirdre Sokol the Application to the Southold Town Zoning Board of Appeals, Also enclosed is the Questionnaire, Applicant's Project Description, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement Dated 6/23/09, LWRP Consistency Assessment Form, Notice of Disapproval Dated March 24, 2009, Notice of Disapproval Dated March 24,2009 and revised June 26, 2009, Property Record Card, Letter of Authorization from Marc and Deirdre Sokol to Patricia Moore to represent them in this matter Dated June 15,2009, Letter from Patricia Moore Dated June 24, 2009 to Zoning Board of Appeals, Copy of Tax Map, 1 Page of Pictures, Survey Dated May 4, 2001 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/29/09 * * * RECEIPT * * * Receipt'8: 53087 Transaction(s): 1 1 Application Fees Reference Subtotal 6318 $150.00 Check#: 1962 Total Paid: $150.00 Name: Sokol, Marc & Deirdre 2031 N Mohawk Street Chicago, IL 60614 Clerk ID: CAROLH Internal ID: 6318 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO Date: June 28, 2010 To: ZBA Board Members From: Vicki RE: Sokol #6318 Comment: The attached survey was dropped off by the adjoining property owner to the west of Sokol. They are claiming that there is a discrepancy of the surveys. The fence and hedge owned by the Sokol's is actually closer than what is shown on the survey, according to the adjoining property owner. I have attached a copy of the Sokol survey also so you can see the differences. S.C. TAX No. 1000-90-03-16 z o S.C. TAX No. 1000-90-03-15 LOT 0 JUNE SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-90-03,-15 1000-90-0,3-16 SCALE 1"=20' MAY 4, 2001 NOVEMBER 15, 2001 ADDED TOPOGRAPHICAL SURVEY, PROP. ADDITION & SEPTIC BYB. 12, 2002 REVISED PROP. 2 SPF ADDITION, ADDED TEST FIOLES i ADDED PROP. SEPTIC SYSTEM SEPTEMBER 16, 2002 REVISED SEPTIC SYS]EM AUGUST 7, 2006 FINAL SURVEY TOTAL AREA = 33,735.91 sq. fl, (TO }iE LINE) 0.774 CERT[FIED TO' MARC SOKOL DEIRDRE SOKOL FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK NO'IWS' 1. LOT NUMBERS SHOWN THUS: LOT g('~) REFER TO UAP OF CEDAR BEACH PARK''~ FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON DECEMBER 20, 1927 AS FILE No. 90 2. THIS PROPERTY IS IN FLOOD ZONE AE (EL. 8). FLOOD iNSURANCE RATE MAP No. 36103C0169 O ZONE AS' EASE FLOOD ELEVATIONS DETERMINED 3. S.C.D.H.S. REFERENCE No. R10-02-0165 4 79'16'50" W 80.3~. ~ECEIVED UUN ~ ~OARD OF APPEALS Joseph A. Ingegno Land Surveyor PHONE (551)727-2090 Fox (631)727-1727 SURVE"r' OP LOT 81 "SUt~I~IMISION MAP Of= C, EI~AR ~ F'ARK" FII ~ IN THE OFFIC. E OF THE GLERK Of: 5UFF-OLK C, OUNT'¢ ~:C. 20, Iq2-/ A5 HAP NO. qO 51TUA'I'E~ BA'fVIEI. N TOI,'tN.. 5,CK,rT1-.IOLD 5UF~=OLK COUNTY, I,h" 5~FOLK C/~l~rf TAX # IOOO-qO-~- 14 (]]l{'lll~ll~ll TO: IACQU~ .INE A. MO~KO~[I~ / / L°r ~ ~oo~ LOT OI N RECEIVED JUN 2 ~201~ BOARD OF APPEALS LOT I0.~ JOHN C ERS LAND 6 EAST MAIN ~ N.Y.S. LIC. NO. 5020 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserveflpros\O8\08-162.prc 79°50'00" CONc.! FENCE R FENCE '-,4 S.C. TAX No. 1000-90-0.5-15 LOT 8~ / \ LEACHING POOL (TYP.) / -- ~, 0'~. POOL (~P.) k / N 79"16'50,, W S.C. TAX No. 22¸ APRON 1000-90-0.3-16 LOT ~ O. 0 ~ Wood / ~ STEPS 26'00" W 80.39' -FLAG NOVEMBEF JUNE 12, 2002 F Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET Date: ~0/o~q~/t 0 #ofpgsinc. cover: Sender's Telephone #: 631-765-1809 (press 1 at recording) [] URGENT ~'~OR YOUR INFO [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: ~/~z~; '~ d u , - N JUN 2 52010 LAND SURVEYOR PATRICIA C. MOORE Attorney at Law 51020 Main Road $outhold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 JAN - 8 2010 Margaret Rutkowski Betsey Perkins Secretaries January 7, 2010 Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Sokol Deer Fence 1000-90-3-15 & 16 Dear Chairperson and Board members: In an effort to address the Board's jurisdictional concern regarding the location of the deer fence on the Lakeside Drive and Cedar Point Drive right-of-way. My client will relocate the deer fence from the right-of-way to his property line. Therefore, relocation of the fence resolves the legal question raised by the neighbor as to the Board's jurisdiction to address the height variance for the ~deer fence" which exceeds the code-limitation of four feet in height when located in a front yard, and will exceed the code limitation of 6.5 feet when located in the side and rear yard. We would respectfully request a height variance for the deer fence on the applicant's property. Ve~¥~-~t'~u~ yours, cc: Marc & Deirdre Sokol Jennifer Gould Esq. #9546 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) NOV 2 0 2009 Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 12th day of November, 2009. -- Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOIA) TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southuld, the following public hear- ings will be beld by t~e SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY, DE- CEMBER 3, 2009: 9..30 A.M, JOSEPH LOGAN and KELLEY WALKER g6331, Location of Property: 1110 Orchard Street Or- ent, lot conta ning 16,464 square feet. Requested are Variances from Code Sections 280-15C and 280-1~, based on an application for a building permit to construct: (a) additions to the dweg- in~, (b). a new accessory garage, and (c) swunmmg pool, and the Building Inspec- tor's July 30, 2009 Notice of Disapproval which states the new construeti0n is not permitted for the following reasons: 1) Additions to the accessory garage result in a size that exceeds the code- limitation of 660 square feet, and 2) Additions and alterations are pro- posed in excess of the 20% code limita- tion for ali construction areas. 9:40 A.M. JOYCE ORRIGO Location of Property: 66425 C.R. 48 a/k/a North Road), Greenport. Tnis is a request for a Waiver under Code Ar- ticle II, Sections 280-12 (as amended) to unmerge land identified as SCTM #1000-40-2-12, based on the Building Inspector's August 4, 2009 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the noncon- forming lots merged until a total lot size conforms to the current bulk schedule (mix.aura 40,0~0 square feet in this R~0 Residential Zone District). land merged with the ad acent property to the west dentified as SC'TM g1000- 40-2-1I. 9-.55 A.M. JOHN and LINDA SCO- PAZ #6329. Location of Property: 6300 Indian Neck Lane adjacent to Little Neck Bay (a/Ma Hog Neck Bay), Pecon- lc; CTM 86-7-2,1. Requests for Variances from Code Sections 280-14 and 280-116, day of / 2009. CHglSTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW yORK ~,!0. 01 -V06105050 "~ffolk County based on an application for a building permit for an addition and alterations to a dwelling and the Building Inspec- tor's July 22, 2009 Notice of Disapproval stating that the new construction is not permitted because the setbacks are pro- posed at: (a) less than the code-required mini- mum of 75 feet from a bulkhead, (b) less than the code-required mini- mum of 20 feet on a single side yard, (e) less than the e. ode-required mini- mum of 45 feet for combined side yards, and (d) less than the code-required mini- mum of 75 feet from the rear property line. 10:10 A.M. PORT OF EGYPT EN- TERPRISES BY WILLIAM LIEB- LEIN ~6233. Request for Variances from Code Sections 280-56 and 280-116, based on an application for a building permit and the Building Ins ector's Jul ~7, 2009 Notice of DisapproSPval concer~y. mg addidon/alterafions proposed to a (restaurant) building, which new con- struedon is proposed: (1) at less than the code-requh'ed mifumum of 75 feet from a bulkhead adjacent to Southold Bay, and (2) at less than the cede-required mini- mum of 35 feet from the front yard lot ime, at 62300 Route 25, Southold; CTM 564-6.1. Zone District: Marine M-II. 10'.30 A.M. HIGHLAND HOUSE FI, LLC ~x~37. Requests for Variances from Zoning Code Section 280-14, for this proposed subdivision of property and proposed single-family dwelling. Based on the Building Inspector's August 31, 2009 Notice of Disapproval, the pro- posed conversion of the existing garage to a single-family dwelling is not petter- ted for the following reasons: (1) its size .is less hah the code-reqdired minimum livable floor area of 850 square feet, and (2) its location is less than 60 feet from the front yard lot line. It is further noted that the proposed subdivision requires approval from the Seudiold Town Plan- ning Board. Location of Property: Ocean View Avenue and Heathuile Avenue, Fishers Island, Town of Southold, NY; Suffolk County Parcel #1000-9-11-7.12. 10'.45 A.M, MAGGI TRAVIS 06334. Request for a Variance from Code Sec- tion 280-124, based on an aOpileatinn for a building permit for an as-built (porch) addition to a single-family dwelling, and the Building Inspector's July 13, 2009, amended Notice of Disapproval stating the new construction is not permitted at less than the code-required minimum rear yard setback of 35 feet, at 700 Brown Street (and along 7th Street), Greenport; Carryover Hearings, continued from prior meetings and pending additional information: 1:10 P.M.p. BETANCOURT ~ · 1:30 P.M.M. and D. SOKOL ~l& 1~0 P.M. WILLIAM PENNEY (TIDY CAR) # 6319 and #6226. Tbe Board of Appeals will hear all persons, or their representatives, desir~ ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior tx) the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by e-mail: Linda. Kowalski~0Town. Southold.ny. us~ Dated: November 6, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LIO~DA KOWALSKI 54375 Ma~'Road (Office Location) ~3095 Muln Road (~lailin~/USPS) P.O. Box 1179 Southold, NY 11971-0959 9546-1T 11/12 Cedar Beach Park Association Board of Directors PO Box 409 Soutbold, New York 11971 June 9, 2009 Board ofAppeals Town of Southold PO Box 1179 Southold, NY 11971 Dear Board Members; Regarding the Sokol property at 965 Cedar Point Drive East, Southold: The Cedar Beach Park Association controls and maintains the roads in the Cedar Beach Park community. The Board of Directors has no objection to the location of the existing hedges or to the deer fencing behind the hedges along Cedar Point Drive East and 1,akeside Drive South. We do not object to the appearance of the hedges or the deer fence and support the variance application for deer fencing. Sincerely, Theresa M. Prendergast President, Cedar Beach Park Association PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 ~OARD OF APPEALS Margaret Rutkowski Betsey Perkins Secretaries November 10, 2009 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Sokol Deer Fence 1000-90-3-15 & 16 Dear Chairman and Board members: Enclosed please find an updated survey which shows the actual location of the hedge, the deer fence behind the hedge and the four foot fence on the road side of the hedge. As is shown on the survey, the fence is not in the traveled portion of the road and, contrary to the neighbor's allegations, it does not obstruct the access through the private roads of Cedar Beach Park. The hedge on Lakeside Drive has been within the right-of-way for the last 10 years, prior to my client purchase of the property. A split rail fence appears on an old 1996 van Tuyl survey. This fence on Cedar Point Drive East was replaced with the natural hedge and deer fence. The only application before the Board is for a height variance for the "deer fence" which exceeds the code- limitation of four feet in height when located in a front yard, and will exceed the code limitation of 6.5 feet when located in the side and rear yard. The variance is for the ~OAR~ OF App~i$ height of the fence not tAe location of the fence behin~ the hedge, the owner has the consent from the Association to locate the fence on the Association property. The fence is located in the area in fro~t of the SoAol's property which is landscaped and exclusively maintained by ~r, .A~d Nrs, SoAol. ?Ac Deer ~e~ein9 ±s not a permanent s~rueture, the mesh effectively and humanely prevents the passage of the deer. However, the mesh can and has been cut and does not prevent passage by humans. The height variance for the deer fencing is necessary merely to prevent the passage of the deer. The Cedar Beach Property Owner's Association owns the roads. Lake Side Drive and Cedar Point Drive East are shown as 50 foot roads on the Cedar Beach Park filed subdivision map. Enclosed is a copy of the filed map. The Cedar Beach Park Association maintain an unobstructed access throughout the Cedar Beach community, and they consent and authorize this application for a variance for the height of the existing fence placed on the Association property. We would respectfully request a variance for the height of the deer fence. truly yo~rs, cc: Marc & Deirdre Sokol Jennifer Gould Esq. ~ce Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 6, 2009 Patricia C. Moore, Esq. 51020 Main Road $outhold, New York 11971 Re: Application of Marc and Deirdre Sokol # 6318 Dear Ms. Moore: As requested by the Zoning Board of Appeals at the public hearing on October 1, 2009, please provide the Board with a revised and current survey that includes the following information: 1. The 50' right of way created for the benefit of the Cedar Beach Park Association and/or the individual members thereof; 2. The location of the 4 ft. fence; 3. The location of the privet hedge; and 4. The location of the as-built deer fence. In order for the Board to proceed with the hearing on your client's application on December 3, 2009, the revised survey must be submitted to the Board no later than November 20, 2009. Thank you for your anticipated cooperation.///j~.~/~Very tr,l~y ~'"~ ''/'~//~ ~~ ~'Ut:RDI VI,~ ION CEDAR B~ACH ~I'I-U/IT£ AT Town o~ / ;! David Adler 520 Lakeside Drive South P.O. Box 1481 Southold, N.Y. 11971 September 30, 2009 Town of Southold, Board of Zoning Appeals Town Hall, 53095 Main Rd. Southold, N.Y. 11971-0959 Hand delivered by Jennifer B. Gould, Esq., attorney for the Adler's RE: REOUEST FOR VARIANCES. MARC and DEIRDRE SOKOI/~6313. hEARING Dear Members of the Board and others concemed, I am the son of Fred Adler, owner of the premises at 520 Lakeside Drive, Southold, which is adjacent to the Sokol's property for which they are seeking variances. I have a power of attorney from my father, recorded in the Suffolk County Clerk's office at liber 12585 page 624, and I am his agent in this matter. Fred is 95 and this has been his home since 1975. The Sokol's recently erected fences at least 8' high around their property. It is unclear whether the variances they seek are for these already existing fences, as depicted in the survey sent by their lawyer, Ms. Moore, or, whether, perhaps they are seeking the variances for new fences that they are proposing to erect. Either way, I am writing to express strong concerns. I am opposed to granting their requests for Variances which are due to the Building Inspector's "Notice of Disapproval concerning installation of a fence which will exceed the code limitation" of four feet in height in front yards and 6.5 feet in side yards. We are contending with two separate issues, their front yard fence, and their side yard fence. The Sokol's front yard fence The Sokol's yard "fronts" onto Lakeside Drive. I have enormous concerns over the fence that they've already erected on the road by their property. I am very concerned about the fact that the Sokol's front yard fence is 8 foot high, and that it is double the maximum height allowed, but my biggest concern about this fence is that I think the Sokol's installed it in the roadway that we rely on for access to our home and property, instead of on their own property. Our property is at the "dead-end" of Lakeside Drive, just past the Sokol's, and it is the only way to get in or out. I fear the Sokol's fence considerably exceeds the boundaries of their property on Lakeside Drive, and correspondingly, that it encroaches on the street, diminishing its intended width by about fifteen feet, or one-third. We've had a few emergencies that required emergency vehicles, including fire trucks, police cars, and ambulances since the Sokol's erected the fence. These are dangerous situations as there is no longer room in the roadway for vehicles to pass one another due to the encroachment of the Sokol's fence and hedge into the road. As a result, vehicles are compelled to proceed single file, and in only one direction at a time. Even their survey, which is plenty ambiguous, unabashedly shows that their "8' deer fence" is located on the roadway, beyond their property line. Still, the Sokol's survey is not accurate, and is missing much crucial information. A professional, accurate survey is needed to confirm the location of all the fences, hedges, boundaries, and the roadway in question, and the Sokol's should be required to provide one. If their fence encroaches the road, it must go. As shown on their survey, this fence consists of 3 layers, including an 8' high metal deer fence, a tall privet hedge, and a 4' deer fence, which together measure 10' - 12' thick. I believe most, if not all, of these items are installed on the road and constitute a serious encroachment. A front yard fence that is located along a roadway should be set back on the owner's property to some extent. The higher the fence, the further it should be set back. The Sokol's are seeking to increase the allowed height of their front fence by a tremendous amount, 100% higher than the maximum allowed, from 4 feet to 8 feet. They are seeking a substantial, not small amount of relief. 8' high fences are completely out of character with our neighborhood, an unwelcome development, and set a dangerous precedent. An 8' high fence in a front yard, especially one like this, made of steel wire mesh, needs to be set back quite a bit, at least 12'- 15' in order to avoid imposing it on the surroundings, and it should have a tall privet type hedge planted in front of it to completely conceal it from view, in order to help preserve the appearance of the neighborhood. The Sokol's side yard fence The Sokol's have also installed an 8' high side yard fence along our common property line. It exceeds the maximum height of 6 ½ feet allowed by zoning for side yard fences. It is constructed of steel wire mesh and it is unsightly. The Sokol's placed this fence virtually on top of the boundary line and did not provide any type of hedge or plantings to help conceal it from view, or any space on their property beyond the fence, for such plantings. With so much wire mesh from this fence in plain view, and up so high, it makes an oppressive appearance like a jail or concentration camp. This fence also has dangerous, sharp wires jutting several inches into our property in places that could cut a person up who brushes up against them. We are opposed to granting a variance to allow the 8' side yard fence to remain. It is much too tall and overbearing. It is entirely out of character with the neighborhood, dangerous, and a very unwelcome development. An ugly, metal, fence like this should, at a minimum, be set back and screened ont of view by its owners, even if it is within the allowed height. Conclusion In summary, we are opposed to granting variances to the Sokol's for an 8 foot high fence in the front yard their properties located at 250 and 350 Lakeside Drive South, and in the side yard of their property at 350 Lakeside Drive, abutting ours at 520 Lakeside Drive South. David Adler Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 1, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 1, 2009: 11:30 A.M. MARC and DEIRDRE SOKOL # 6318. Requests for Variances under Sections 280-105 (A and B), based on the Building Inspector's amended June 26, 2009 Notice of Disapproval concerning installation of a fence which will exceed the code-limitation of four feet in height when located in a front yard, and will exceed the code limitation of 6.5 feet when located in the side and rear yards, at 250 and 350 Lakeside Drive, Southold; CTM 1000.90-3-15 and 16. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. The above hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: September 10, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin_g_~Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOIJTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 2, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6318 Sokol, Marc & Deirdre Dear Mark: We have received an application for height of deer fence bordenng property lines. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written~evaluation with recommendations for this proposal, as required under the Code proced~¥es of LWRP Section 268-5D is requested within 30 days of this letter. Thank you. Encls. Very truly yours, Gerard P. Goehringer Chairman : By: ~'~/~ ~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 29, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11768-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6318 Owner/Applicant: Sokol, Marc & Deirdre Action Requested;: Height of deer fence bordering property lines. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ~i ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard/F ZBA ~hi By: [ / STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Sworn to before me this Kamn Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17.~..~ day of Seetamber. 2009. Principal Clerk dayof'J 2°°9. ~NING BOARD OF APPEALS ~ ~ ~/'~ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor ' 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nor thfork.net September 1, 2009 Re: Town Code chapter 55- Public Notices for Thursday, October 1, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in{he next issue of the Times Review newspaper. 1) Before September 14th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new c°nstmCtion~Farea or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al:_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the ToWn Assessors' Qffice located at Southold Town Hall, or Real Property Office at the County Center, Riverhead:~ If you know of another address for a neighbor, you may want to send the notice t° that addr&~ss as well. If any letter is returned to you undeliverable, you are requested to make other attemPts to obtain a mailing address or to deliver the letter to the current owner, to the best of yoUr ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providinq the returned I.e. tter to us as soon as possible; AND not later tha~ September 16th: Please either ma,I or deliver to Our office your Affidavit of Mailing (form encle?ed) with parcel numbers names and addresses noted and furn sh to our' Office with th~ green/white receipts postmarked by the Post Office. When the gteen Signature Cards ar~ returned to you later by the Post Office, please mail or deliver them to us before the sched~'~ed hearing. If any signature card is not returned, please advise the Boa~ dUring {he hearing',~.~nd provide the card (when available). These Will be k~pt in the perman~ record as proof of ~!l Notices. 2) Not Later September 22 : Please make arrangements to place the enclosed Poster on a signboard Such aS~,cardboard, plywood or other material, poSting it at your propertY for SeVen (7) days (or more)'.:until the hearing is held. Securely place the sign on your property facing the street, no mor~ithan 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your~ffidavit of Posting for receipt by our office before September 29, 2009. If you are not able ..~ meet the deadhnes stated ~n th~s letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. : NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SOKOL, M & D # 6318 MAP #: 90-3-15 & 16 VARIANCE: FENCE HEIGHT REQUEST: DEER FENCE DATE: THURS, OCT 1, 2009 11:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 PATRICIA C. MOORE Attorney at Law 51020 Main Road $outhold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765~.643 September 14, Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SOKOL ~ 6318 SCTN: 1000-90-3-15 & 16 HEARING DATE: THURSDAY, OCTOBER 1, 2009 Dear Chairman: With reference to the above, enclosed please of mailing, copy of letter to neighbor and postal Thank you. find affidavit receipts. Very~ly your~ Pat ricia/C/ Moore ~y Bets~erkins LA bp encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MARC & DEIDRE SOKOL (Name of Applicant) SCTM Parcel #1000-90-3-15 & 16 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, Margaret Rutkowski, residing at Mattituck, New York, being duly sworn, depose and say that: On the 17th day of September, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this 17th da~mber, 2009. ~Notary Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668 ~-~mmission Expires June 16, ~O/ Margaret Rutkowski \ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MARC & DEIDRE $OKOL (Name of Applicant) SCTM Parcel #1000-90-3-15 & 16 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS , residing at Mattituck, New York, being duly sworn, depose and say that: On the ~ ~1 day of September, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's pr~erty. (~i.nature) ~ / SY PERI'NS Sworn to before me this day of September, 2009. 4~;~_~,~z~" . RUTKOWSK] /'~~llC) MARGARET C Notary Public. State of New York No. 4982528 Qualified in Suffolk County~ Commission Expires June PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Sheena Acharya Adrian Sapollnik 146 Franklin Street, Apt. 2 New York NY 10013 sctm: 1000-90-3-11 SOKOL NEIGHBOR LIST SCTM: 1000-90-3-15 & 16 Albert F. & Joan Murray PO Box 1618 Southold NY 11971 sctm: 1000-90-3-12 Fred & Sophia Adler PO box 1481 Southold NY 11971 sctm: 1000-90-3-13 Jacqueline Moskowitz 515 e. 79~h Street New York NY 10021 sctm: 1000-90-3-14 Fred & Sophia Adler PO Box 1481 Southold NY 11971 sctm: 1000-90-3-17 John J. & Elizabeth G. Reardon 30 Wilton Road Cold Spring Harbor NY 11724 sctm: 1000-90-2-19 RECEIPT 7192 6463 3110 0CO0 4896 FROM: PATRICtA C MOORE ESQ RE: SOKOL ZBA HEARING Addar~ap~ FEES: TOTAL $ 5.54 POS~RK OR DATE FROM: SEND TO; ~ PO ~ le~ FEES: postage 0 44 Certified Fee 2 80 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: RECEIPT 71926463311000004926 FROM: PATRICIA C MOORE ESQ RE: SOKOL ZBA H E.~RING SEND T~,,FZ~` , S~ld NY 11971 FEES: TOTAL $ 5.~ POST~RK OR DATE RECEIPT 71926463311000004933 FROM: PATR&C~ C MOOR~: ESQ RE: SOKOL ZBA HEARING SEND TO~,?~"-~ jacquerie MoskOWitz I 5~m, 79th Street ~ FEES: TOTAL $ 5.~ pOS~RK OR DATE RECEtPT --ROM: p~m,c~c uoo.~ ESO ~ so~O~ FEES: TOTAL pOS~RK OR DATE RECEIPT 7192 64~3 311 o oooo 5114 FROM: PATRICIA C MOORE ESQ RE Soko] SEND TO: John A Montoya 70 Orea~ Oak Road Manhesset NY 11030 3329 FEES: postage 0 44 Cerir~ed Fee 2 80 TOT,~,~ $ 5.54 PO~i~K OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 September 17, 2009 --Wi.-il. ..... RE: SOKOL # 6318 SCTM: 1000-90-3-15 & 16 HEARING DATE: THURSDAY, OCTOBER 1, 2009 Dear Chairman: With reference to the above, enclosed please find an additional affidavit of mailing, copy of letter to neighbor and postal receipt. Thank you. Very truly yours, Patricia C. Moore By Margaret Rutkowski /mr Encls. ADDENDUM TO SOKOL NEIGHBOR LIST SCTM: 1000-90-3-15 & 16 John A. Montoya 70 Great Oak Road Manhasset, NY 11030-3329 sctm: 1000-90-2-18 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SO~THOLD NY 11971 4. Restricted Dellvery? 3. Se~i~y~' -- ~'~ (Extra Fee) [] Yes I CERTIFIED ~A~9h~m[~63 3110 §000 4926 7192 6463 3110 0000 4926 :le Addressed To; FRED & SOPHIA ADLER PO BOX 1481 SOUTHOLD NY 11971 city PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOU~HOLD NY 11971 city State Z~P + 4 Code PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 ,. Signature: (rlAddressee ~r~Age~ Received By:' (Please Print C e~l~y),~ C. Date of Deliver/ J 7192 6463 3110 0000 4919 I. Article Addressed To: FRED & SOPHIA ADLER PO BOX 1481 SOUTHOLD NY 11971 7192 6463 3110 0000 4902 1. Article Addressed To: ALBERT F. & JOAN MURRAY PO BOX 1618 SOUTHOLD NY 11971 F PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 I B. Received By: (P2~t~e Print Clearly) Delivery Delivery Addres! 4. Restricted Delivery? 3. ce Type (Extra Fee) [] Yes TIFIED IZ ^rti¢le Number 7192 6463 3110 0000 4933 7192 6463 3110 0000 4933 Article Addressed To: JACQUELINE MOSKOWITZ 515 E. 79TH STREET NEW YORK NY 10021 51020 MAIN ~BAD 'lJl,n SOUTHOLD NY 11971 I (ExtraFe,)I lyes 7192 6463 3110 0000 4940 1. Article Addressed To: JOHN J. & ELIZABETH G- REARDON 30 WILTON ROAD COLD SPRING HARBOR NY 11724 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 (~Addressee B. Received By; (Please Print Clearly) C. Date of Delivery D.Addressee'sAddress (ifDifferentFmmAdd~aU~edby$ende~ Add?ess ....................................................... (Extra Fee) [] yes CERTIFIED 7192 6463 3110 0000 4896 7192 6463 3110 0000 4896 SHEENA ACH~RYA ADRIAN SAPOLLNIK 146 FRANKLIN STREET, NEW YORK NY 10013 APT. 2 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MARC & DEIDRE SOKOL Regarding Posting of Sign Upon Applicant's Land Identified as 1000-90-3-15 & 16 SIGN AFt 'IDAVI~T ~)F ~OSTING. COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On th~",~ay of September 2009, I personally placed the Town's official Poster, with tee date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, October 1, 2009. Sworn to before me this _,~ ~ day of September, 2009 *near the entrance or driveway entrance of the property, as the area most visible to passersby. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Kamn Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the Principal Clerk Sworn to before me this ~ b dayof '~-~ 2010. ~(('~ ~'~ 9814 '//' ~ STATE OF NEW YORK) ) ss: /"~ COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17th day of June, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNF~DAY JUNE 30, 2010 . PUBLIC HEARiNGS NOTICE IS HEREBY GIVEN, FUr- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 5.3095 Main ' Road, EO. Box 1179; Southold, New ~ York 11971-0959, on ~ · Request for Variance from Code Sec- tion 280-14, based on an application for ; building permit to build a new single i family dwelling in addition to an exist- mg marina, and the Building Inspector's Notice of Disapprovui stating that the proposed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule propos- al i~ at le~ than the code required 80,000 sq, fL of land. Location of Property: 580 BaSin Rd., (adjacent to Southuid Bay) Southold, NY. SC~YMgl000-81-1-16.7. Zone: R-80. ('Ihe Zoni~ Board of pea~ ia its Decision # 52~4 dated Aught 2, 201M, ~anted the applicant r~i~f from the 80,000 sq. B. requirement to allow the construction of a new single family dwelling, however, the grant was con- ditioned upon either the abandonment of the existing, legal non-conforming marina use or the grant oI a variance pursuant to Section 280q21G that would allow the non-conforming use to continue in conjunction with the single family dwelling - a permittod use. This application i~ being made to fulfill this condition.) 10:00 A.M. 3OHN .L ABELE ff6386. Requesi for Variances from Code Sec- tion 280-10(A) based on an application for building permit and the Building spector's March 18, 2010, Notice of Dis- approval concerning waiver of merger which states that the nonconforming lots shall merge until a total lot size conforms to the current bulk schedule (mimmum 40,000 square feet in this R-40 Re,idea- ilal Zone District). This land merged with the adjacent property located to the south identified as SCTM #1000-79-4-41 at; 500 Harbor Lights Dr., Southold, NY. quest for Variances from Code Sections 280-124 & 280-1[6 based on an applica- tion for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single lamily dwelling, at (1) less than the code required minimum rear yard setback of 35 feet, (2) leas than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Dttle Pc- conic Bay mad dug Inlet) 10.30 A.M. ANDREW GREENE #6387. Request for Variances from Code Section 280-116(A) based on an applica- tion for building permit and the Build- lng Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCTM#1000-734-5. (adj. to Lor~g Island Sound) 10'-~0 A.M. THOMAS and NANCY ~ Request for Vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's November 20, 2009, Updated February 18~ 2010, Notice of Disapproval concerning "as bi~iit;; deck addition at less than the code required front yard setback of 35 feet at: 273 Manhasset Rd., Greenpori, NY. II:00A.M. CHARLES MATTINA fBELLMATF PROPERTIES. LLCI g638L Request for Variance from Code Section 280-124, based on an applica- tion for building permit and the Build- ing Inspector's Maxch 1, 2010, Notice of Disapproval concerning deck additions at less than the code required front yard setback of 35 feet at; 545 Koke Dr., Southold, NY. SCTM#1000-87-5-14. 11:15 A.M. FRANK and DONN/~ SCAROLA and DONNA PERRIN g6382. Applicants request a Special cepfion under Section 280-13B(14),.The Applicants are the owners requesting authorization to expand an Accessory Bed and Brefikfast, accessory and mui- dental to their residential occupancy m this single family dwelling, from three (3) bedrooms to five (5) bedrooms for lodging and serving Of breakfast to the B&B casual, transient roomers. Location of Property: 4850 Sound Ave., Mattitock; CTM 12I-3-6. 11:30 A.M. JOSEPH E GONZALES S6384. Request for Variances from Code Section 280-116 based on an apphcation for building permit and the Building In- spector's Amended Docember 10, 2009, Updated March 9, 2010, Notice of Dis- approval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jule Lane Mattitock, NY. SCTM#1000-122-4-14. (adj. to James Creek) 11:45 A.M. ALEXANDER L. and TRACY M. SUTTON 06385. Request for Variances from Code Section 280-18 based on an application for building per- mit and the Building Inspector's October 14,2009,Updated March 18,2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area les~ than the code required 80,000 square feet for two lots at; 1160 North Bay'hew Rd., Southold, NY. SCTM#1000~78-9-54 & 78. Zone: R-40. NOTARY PUBLIC-STATE OF NEW YORg No. 01 -VO5105050 Qualified in Suffolk County Carryover Hearings, continued from prior meetings and pending additional information: Adjourned /rom Public Heating March 25, 2010: Adjourned from Public Hearing Feb- ruary 25, 2010: 53095 Main Road (Mailing/USPS) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries January 7, 2010 Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Sokol Deer Fence 1000-90-3-15 & 16 Dear Chairperson and Board members: In an effort to address the Board's jurisdictional concern regarding the location of the deer fence on the Lakeside Drive and Cedar Point Drive right-of-way. My client will relocate the deer fence from the right-of-way to his property line. Therefore, relocation of the fence resolves the legal question raised by the neighbor as to the Board's jurisdiction to address the height variance for the "deer fence" which exceeds the code-limitation of four feet in height when located in a front yard, and will exceed the code limitation of 6.5 feet when located in the side and rear yard. We would respectfully request a height variance for the deer fence on the applicant's property. Very-~'~:~1~ yours, . Moore cc: Marc & Deirdre Sokol Jennifer Gould Esq. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 July 21, 2010 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA Appeal #6318 - Marc and Deirdre Sokol Dear Ms. Moore: Please find enclosed a copy of the Board's July 13, 2010 determination filed today with the Town Clerk regarding your application. Sincerely, Vicki Toth Encl. Copy of Decision to: Town Clerk (original) Building Department Fidelity National Title INSURANCE COMPANY TITLE NO. 09-7404-76454-SUFF SPECIAL SEARCH FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that it has examined the records of the Clerk of the County of Suffolk for ownership of the roads on Map of Beach Park filed 12/20/1927 as Map No. 90, said search discloses the following: DEED Edwin H. Brown and Adeline R. Brown, his wife TO Queens Operators Corporation Liber 1169 page 234 Dated: 04/01/26 Recorded: 04/16/26 (Covers entire map) DEED Edwin H. Brown and Adeline R. Brown, his wife Liber 1321 page 250 TO Dated: 04/01/26 Queens Operators Corporation Recorded: 12/15/27 (Covers entire map same as Liber 1169 page 234) Foreclosure of Mortgage Liber 583 page 186. REFEREE'S DEED John R. Vunk, referee TO Estate of Edwin H. Brown, Inc. Liber 1754 page 74 Dated: 01/11/34 Recorded: 02/17/34 (Excepts numerous lots) DEED Estate of Edwin H. Brown, Inc. TO Adeline R. Brown Liber 2607 page 01 Dated: 07/24/46 Recorded: 08/09/46 (Excepts numerous lots) DEED Guaranty Trust Company of New York, as Executor Of the Last Will and Testament of Adeline R. Brown, deceased TO Howard A. Toedter, Inc. Liber 2971 page 16 Dated: 07/14/49 Recorded: 07/16/49 (Excepts numerous lots) 24 Commerce Drive · Riverhead, New York 11901 ° (631) 727-0600 · Fax: (631) 727-0606 Fidelity National Title INSURANCE COMPANY DEED Howard A. Toedter, Inc. Liber 3245 page 470 TO Dated: 07/30/51 Howard Toedter, Nelson T. Dickinson and Thelma D. Recorded: 07/31/51 Dickinson, his wife (excepts numerous previously conveyed lots) Above is the last deed of record for the beds of the streets on the filed map, subject to the rights of easement or conveyance of 1/2 streets of the previously conveyed lots. No dedication of streets found of record. No declaration or deed found establishing a Homeowners Association. Areas on filed map shown as "Community Beach" and "tennis courts and playground." Appear to be privately owned by individuals. Deed chain for Lots 77 and 78, being known as Tax Map No. 1000-090.00-03,00- 017.000: DEED Howard A. Toedter, Inc. TO Benedict A. Manasek, Jr. and Mary J. Manasek, his Wife Liber 2990 page 141 Dated: 09/08/49 Recorded: 09/08/49 (premises and more) Conveys lots and more along with "Also all rights, title and interest of the seller in and to that portion of Lakeside Drive which lies between Lots 58 to 63 on the northwesterly side and Lots 74 to 81 of the southeasterly side of said Lakeside Drive. DEED Benedict A. Manasek, Jr. and Mary J. Manasek, his Wife TO Fred Adler and Sophia Adler, his wife Liber 6289 page 01 Dated: 10/20/67 Recorded: 01/16/68 (Lots 65, 77 and 78) "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." Fred Adler and Sophia Adler, his wife by the above deed would have rights to the 1/~ of Lakeside Drive adjoining Lots 77 and 78, subject to the rights of other owners on the filed map for ingress and egress over Lakeside Drive. This certificate is prepared for the limited purposes set forth herein and does not constitute an abstract of title nor set forth any defects, liens or encumbrances thereon. No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such 24 Commerce Drive · Riverhead, New York 11901 ° (631) 727-0600 ° Fax: (631) 727-0606 Fidelity National Title INSURANCE COMPANY liability shall under no circumstances exceed the amount of Five Thousands Dollars (~;5,000.00) and no policy of title insurance can be issued based upon the information contained in the Certificate. Search Dated: FIDELITY NATIONAL TITLE INSURANCE COMPANY BY: SANDRA J. GOLESKI ASSISTANT VICE PRESIDENT 24 Commerce Drive · Riverhead, New York 11901 · (631) 727-0600 · Fax: (631) 727-0606 Cedar Beach Park, (Bay View) Map #90 1 7 2.0A(c] 14.! 2 TO~N OF $OUTHOLD [~JifDERWAT£R LAND.) 15 1.7A(c) 17 18 r~ I 11.2A(c) 20 6.1 1.OA 5.1 1.1A 21 22 18. \ 1.9A~ the premises above descrlbedo free and clear from all lien, right ~f dswer or fifty- Piece er aid n the e~terly three htU~dr~d [.~.§9c09'08m~.) six hundred aevmnts--five and seven tenths (675.?) feet; running minutes East (E.~3=15.~.) five hundred ~enty-five end nine tenths (525.9) th, hundred t wenty-four and twenty on~ hundredths (424-20/100) fe~t; th- 1169 three minutes uest {S.IgQ25,W.) two hundred h. xenty-~ight und five tenths the 1169 the rights of the party of the first part in the highway along the front of the premises lo the central line thereof, the premises described beillg the same as conveyed by dead of John E. Davis and Josephine W. Davis to ~'lora dated July 20th 1925, and r~ob~Red in:O~£-£~lk County Cterk~s Office in Llber of Deeds~ Page on the day of August, · · 'illTH the Appurtenances, and all the Estate, Titl. s and · In~erest therein of the said party of the first part. ~nd the geed right and full ps.er to convey the same subJec~ to a mortgag~ of ~ol~rs which is assumed by the party o~ the second part and that the premises State of New York, County cf Suffolk, ss. On this !tenth day of ~pril i~ the year ~ne thousand nine hundred and twenty-six, before me, th~ subscriber, personally appeared Z'lora B. Kinney to me personally kno~m to be the same person described inand who executed the ~oregofng instrument, and she duly acknowie~ged to me that ~he executed the sam~. ~loY~rd E. ~ayl~s · .~°sidi~g i~ ~t.A~a~s. 4th Ward, 'aro~h of ~ue,~, ~lty ~n~ s~ ~ ~ ~o~,~ ~'~'_ parties of the first part and Q~wS O~TORS O~O~TION, a co.oration , organized under the laws of the State of ~ew York and having an office at 220 in consideration of One & 00/t00 ($1.00) Dollar la~f~l money of the ~nited States, and other valuable cons~derationm, paid by thc party of the second part, doez hereby grant and release unto the party of the second part, being at Bay Vie=, in the Town of ~outhotd County of Suffolk and State of described as Piece or Parcel III, fo~rteenan~ ~inety one-h~ndredth Parcel II~, five hundred forth two and ninety one hundrethm (5A2-90/100) feet; s~ven one hundredths (80~-47/100) feet; thence ~o~th thirty-four degrees no aBd land herei~fter described as Place or Porcel II, seven hundred Ninety-one and seventy-three one hundrethm (~91-73/100] feet, to the high wa~er line cf Pec6nic Bay; thence South seventy-tw~ degrees-forty-nine minutes Eas~ (S.?2~ hundred eighty-five and ten one hundredths (~88-10/100) feet~ thence South eighty water line of said Bay thre~undred seven a nd ~entY~lve oneh~ndred~hs h~ndred te~nd fifty-five one hundredths (ll0-~/100) feet; thence ~outh eigt~ty- three degrees no minutes ~ast ($.BSO00'E.) still along the high water line of Bay one hundred sixty-two (162) feet; thence South eighty-nine degrees thirty-~ seven minutes ten seconds Wast ($. 89o~,10" E.) still along the high water of said Bay fifty-six and thirty-eight one hundredths (56-38/100) feet; thence ~outh eighty-three defrees forty-three minutes twenty seconds East (S. still along the high water line of said Bay, one hundred nineteen and one one hundredth (119-1/106) feet; thence South eighty-five degrees seventeen minutesi~' forty secondm East (~. 8~o17' 20" E.) one h~dred and eight one hundredths (100-8/100) feet; thence South eighty-two degrees seventeen minutes forty fifty-five and ninety-eight one hundredths (&55-98/100) feet to beach s nd mead~ Parcel XI, one hundred twenty-one and eighty-eight one hundredths (121-88/i00) feet to a small creek, leading into Cedar. Creek; thence Eortherly along said small srsek to where the same is intersectedby the division ~ine between th~ ' ~!' lamd now being described and said Piece or Parcel XI; thence in a Northwesterly ' erly thence again ~est, thence again Northerly, thence Easterly, thence again Northerly and thence again 'Jestsrly, alo~ said Cedar Creek, to where the same ii Piece or Parcel XI, twenty-two and eighty-one eno hundredths (22-81/100) feet~ IS-30°I'40~W.) still along said Piece or Parcel XI, seventy-two and eighty one hundredths (72-80/100) feet; thence North fifty-nine degrees twenty-six~ ~ iminutes twenty seconds West (N.~g*Eg~20.W.) still ~leng said ~isce or Parcel X/, ~; one hundred forty-eight, and eight one-hundredths (14B-08/100) feet thence ' still merit] mark forty deers hundr fifty hundr e of sai~ hirty- sr line hence /lOO) iaid n the lest North.seventy-five degrees twenty-three minutes ~/est (N.?S°23~U.) still along said Piece or Parcel XI, one hundred thirty-six and seventy-three one hundredths · (136-7S/100) feet ( in the survey made by C. p. Darling, this distance is given as one hundred and eighty-seven and twenty-one hundredths feet) to the easterly line ef the highway known as the Cedar Beach Road; thence °outh twenty-one degrees thirty two minutes minutes fifty seconds ~est (°.21~32'§0"W.) along the easterly linc of maid highway four hundred fifty-five and thirty-nine hundredths (4§8-~9/100) feet to the point er place of beginnings PIECE OR PARCE~ II Beginning at a point on the southerly line of the Bay View Road att he intersection of the easterly line of land formerly belonging to Estate , of Ettl~ C. ~isher, deceased, and nm belonging to Edward O. gills; and running thence by and with the ~outherly line sf said Bay View ~oad the following courses and dimtances~ to wit; South sixty-six degrees two minutes thirty seconds East {S.66~02'~0"E~) three hundred seven and thirty-eight one hundredths Is0?-~s/100) feet; South sixty-four degrees fifty-one minutes fifty s~conds East (S.84~51'~0"E,) one hundred fifty-eight and eight one h~ndredthm (l§g-g/100) feet; South sixty-four degrees fifty-five m~nutss twenty secsnds East (S.84~§§,20.E.) five hundred forty-nine and fifty one-hundredths (S49-§0/100) feet to the ~lesterly line of land hereinafter described as Piece or Parcel III; thenc~ ~outh thirty-two degrees fifty-eight ~inutes ~est (S. 32o58'W.) by land last mentioned fifteen hundred twenty eight and ninety-four one hundredths (1~28-~4/1001 feet to the ~eut~est corner of said Piece or Parcel III: thence South fifty five degrees fifty-nine minutes forty seconds East (S.§B~Bg,40 still along land last mentioned two h~ndred ninety-three and seventy-one one hundredths 1293-71/100) feet t o land hereinabove dessribed as Piece or Parce~ thence South thirty-f$ur degrees twemty seconds West (S.SAe00~20aWo) by land last mentioned four hundred ~ight and twenty-three one hundredths (~08-2~/100) feet to ordinary high watermark of Pecsnic Bay~ thence along ordinary high water mark of said Pecenic Bay the following coursem and distances, tc wit: North seventy,she degrees one minutes forty seconds West (N.?l~Ol'~0aW.) one hundred forty-two and ninety-three one hundredths (1~2-9s/100) feet; North sixty-six degrees fifty-t~e minutes ~sst (N.gg~S,W.) one hundred twenty-two and ten hundredths (122-10/100) feet; North sixty-eight degrees fifty-seven minutes fifty seconds -est (~o68O§?~60"~) four hundred ~irtsen and thirty-mix hundredths (~13-S6/100) feet t o ! he easterly line of said land of Edward Mills; thense along land l~s~mentioned ~he following courses and distances, to wit: North thtrty-fiwe degrees sixteen minutes thirty second~ Eamt (N. g5 16'50" E.) four hundred twenty-five and fifty one hundredths (45S-50/100) feet North thirty-four degrees eighteen minutes fifty seconds East (N.34~18'50· E.) four hundred and seven one hm~dredths (400-?/100) feet; I~orth thirty-five degrees fifteen minutes East (N.55olg'Eo) five h~ndred seventy-two and seventy-f0t one hundredths(572-74/l(0) feet; gorth fifty nine degrees fifteen minutes, fifty seconds '~?est (E. 59~5'50='J.) six hundred eeventy-fo~r and eighty one hundredths (674-g0/100) feet~ North twsnty-sevendegrees twenty-mix minutes forty seconds East (E. 27~26'40"V~.) twenty and ninety hundredths (20-90/100) feet; North thiriy- two degrees, fifty-five minutes forty seconds East (N.52~55'40aW.) five hundred forty-six and ten one hundredths (546-10/100) feet to the point and place of beginning. PIECE OR PARCEL III Beginning at a point on the Southerly side of Main South Road leading through Bay View, adjoining tho Northeam'~. corner of land hereinabove described as Piece or Parcel II, ~d running thence by land last mentioned South thirty-two degrees fifty eight minutes Yfest (S,32~5g~.) fifteen hundred twenty-eight and ninety-four one hundredths (1528-94/100) feet; thence South fifty-five degrees fifty-nine ~inutes forty seconds ~ast~ still along alnd last mentioned two hundred and ninety-three and seventy-one one hundredths (295-71/100) feet tc land h~reinabeve described as Piece or Parcel minu p" E.) dredths eo0nds t of and fifteen so~. ) ~d~ed ng, f land rtcn, ~ic~n of the northerly side of the ~Aain Bay View Road ~ith the Vesterly aide of the Cedar Beach Read; running from said stake South twenty-one degrees fifty-aris '.minutes eight seconds ~sst (S.21~51'0S"W.) one hundred eighty-seven and seven tenths (187.7) feet to an iron bar; running thence South thirty-two degrees sixteen minutes eight seconds ~est (S.~2o16~08"W.} eleven hundred ~nd two and four tenths feet {ll0S.4) to a pipe monument; running thence North sixty-three degrees sma minute fifty-two seconds dest (E.65~0t'52~ff.} five hundred and thirty-four ~eet IS~dI to a pipe monument; rsnning thenc~ North twenty-six degrees,thirty-eight minutes eight seconds East (N.26~38'0S"E.) twa hundred one (201) feet to a pipe monument; rurming thence North sixty-one degrees nine minutes fifty-tw* smcsnds ~est ~N. Sl~0S'§Sa~.) six hundred~ ourteeu and seven tenths ~S1A.?) feet to a strip of land rose.ed by the party of the first part from said sale to ~srton to be made at some ~mSure time a private road, exclusively for Rim, the party's of the first part use of his heirs and assigns, running thence (from the course last mentioned) along said private road strip North thirty-five degrees, eight minutes four seconds E@et (H.~S~08,0A.E.)three h~ndred sixty-nine and four tenths (~.A) feet; running thence still along said private road strip North fifty-nine degrees nine minutes eight seconds ~est (~-§~0S'0S"~.) six hundred seventy-five and seven tenths (87§o71 feet; running thence still along said private road strip North thirty-three degrees fifteen minates East (N.$~l§,~.) five hundred twenty-five and nine tenths (BSa.P) feet running thence ~long ~he southerly side of the Ns in Bay View Road to the Southerly side of the ~ainBay View goad/South sixty-five degrees fifteen minutem East (S.S§Zl§~.) eleven hundred one and eight tenth (ll01.g~ feet to road monumenl; and running thence along the southerly side of the ~ain Bay View Road South sixty-nine degrees thirty-one minutes East (S.SSO~i,E.) seven hundred twa and nine ienth~ ~?0~) feet tc t~e point or plece of beginmi~. Excepting, he.ever, tk~t plot er parcel ef la nd conveyed te Elsie G~lloway ~hich is designated as plot 1~ on a map entitled, "~ap No.~i of Bart of Property of Edwin H. Brown at Bay ~lew, Seutholg, Sew ~ork Scale i inch = 100 festa December 192§ by ~ranklin 2. Ovsrton, Peconic, N.Y.; maid map ha?Ir~ been filed in Suffolk County Clerk's Office on ~anuary S?th, 1SSS as number ~0~. Excepting, also, those plots ~r parcels of land conveyed to l~llIiam H, Barnes and which are designated as plots P and 10 on the map last above mentioned. Excepting, those plots or parcels cf land conveyed to Joseph Kratoville and which are desl~mated as plots § and ~ on the ~ap last above mention~d. Excepting, also, those plots or parcels of land conveyed to gd~rd H. mhd Huldah ~auth which is and S designated as plot ?/~n thm map last above mentioned. Excepting, al~o, that plot 7 or parcel of land conveyed to Olarence Platt which is deslsnated as plot B on map last above mentioned. Excepting, also, those plots or parcels of land the parties of the first part subject to the restrictions hereir~fter set forth. PIEOE ~R PARCEL I¥ Beginning at a point on the easterly line of Cedar Beach Head, where t~e same is intersected by the northerly line of the ~and along said Piece or Parcel X tc Cedar Leach Creek; thence along Creek as it and turns and bounded Emsterly, Westerly and Southerly thereb~ to aald ~ec~~~ minutes West (S. ~0c39,W.)~Jthirty_si~ mud thirty eev~n one minutes West (S.~$*1~',~.) thirty-eight end ninety seven one hundredths (~8-B?/100) feet); thence still along said Piece or Parcel I North thirty- fo~ degrees nine mtnutes J~est IN.~09'W. ) one hundred twenty-five and seventy- nine one hundredths (l~§-?9/100) feet; thence still along said Piece er Parcel.! North sixty degrees thirty-nine minutes forty seeonds~ Nest (~.~0e~B,A0.W.) twsn~ twa and eighty-one one hundredths (2~-81/100) feet; thence still along said Piec (N. g~e~2-'10"N. ) sixteen and twenty-eight one hundredths 118-28/100) feet; seconds "est (S. ~0~01,~0.~¥.) seventy-two and eighty one hundredths minutes t~enty seconds ~es~ (N. 59~26,20~W.) one h~ndred forty-eight and eight hundredths (1Ag-g/100) feet~ thence still along said Piece or Parcel I ~srth seventy-five degrees twenty-three minutes West (No VB~23'W.) one hundred eighty- seven and twenty-on~ one hundredths (187-21/100) feet to the easterly line of Cedar Beach ~oad a~ the point er place of beginning. Excepting a strip ef land abou~ eight(g) feet wide along the southerly side of Cedar Beach Road taken for Beginning at the Southeasterly corner thereof, at the intersection of the Northerly side of Ba~ View Head, and the ~esterly side of 0edar Reach Road, and the ~leeterly zide of Cedar Beach Road and running thence Northerly alonE th~ *~esterly side of Cedar ~each Road to a turn of said ~o~d; thence Easterly alcng the Northerly side of Cedar Beach Road to land here- inafter described as Piece o~Parcel VII; thence Northerly by the Westerly line of Ple~e or Parcel VII to. land now or formerly of Jesse Terry; thence ilesteriy along ~he Southerly line of land of said Jesse Terry to the Easterly line of land of Henry Beebe; thence Southerly by the Easterly line of land formerly o~led by Nenry beebe {and comprising the land hereinafter described as Piece or Parcel IX ) to the southeast corner thereof; thence westerly by the Southerly line cf said Nenry Bache laud ts land of William~kscin, formerly owned by Anna L. Beebe; thence Eoutherly, partly along land of said William Akacln and partly by land hereinafter described as Piece or Parcel VI t~ the northerly side of said Bay 7iew Read; thence ~asterly alo~lg the Northerly side of Bay View noad to the point or place cf beginninE. Exce~lng therefrom a strip .of land about 16 feet wide taken along the westerly side of Cedar Beach Read for the widening of that road and a strip about 8 feet wide along the northerly mide of that road for the widening thereof. PIECE OR P~JRCEL VI Beginning on the northerly side of Bay View ~oad, where the same is intersected by the easterly line cf ~and of William Akeoin and running thence easterly alonE the northerly aide of Bay View ~ead to maid Piece or Parcel ~, thence northerly along said 1~ mentioned land to sal~ land of William. Xksoin which w~s formerly owned by Anna L. Bache;thence along said land of William ~=scin, fomerly ovrned by Anna L. Bache North seventy degrees fifty-four minutes fifty seconds West (E.?0~d'D0"W.) four hundred seventy one and thirty one hundredths {471.~0} feet to a corner; and thence southerly along other land of said ~llliam Acksctn to Bay View Road; PIECE OR P~RCEL VII Beginning at the southeasterly corner thereof, at point on the northerly side 0£ Cedar ~each Road ~djoining land formerly o~rned by Sarah E. Beebe and hereinafter described as Piece or Parcel VIII and running thence North eight degrees fifty-mix.minutes fifty seconds Ea'st{N. g~ ..~ §~80"E.) by the westerly line.of said Piece or Parcel VIII, five hundred seventy-nine and ninety-maven one hundredths (§?9-9~/100Jfeit t~ a e~mke; thence North thlrty-fcu~egreea £orty-five minutes forty aecondm East along the westerly line of said Place or Parcel VIII two hundred sixty-t~o an~ seventy- one one hundredtEa {282-~1/100) ~eet to the southerly line of land seventy-nine one hundredths (114-~9/100) feet to a stake in adjoining land ffcrmsrly of Jesse ferry and now owned by John S. Jenkins; thence NortR fifty- erly line of land formerly owned by Jesse ferry, now owned by John So Jenkins, two hundred eighteen and sixty-seven one hundredths (218-67/100) feet to the and three one hundredths (1025-~/10~) feet to tile northerly side of Cedar thence along the northerly side of said Cedar Beach Road, Beech ~cad,/South eighty-eight degrees five minutes no seconds East (S. B8~ 05'00"E.] four hundred twenty-four and twenty one hundredths (~2~-20/100) feet; hundredths (2-9/1~0) feet to tile point or place of beginning. Excepting a strip degrees fifty-six minutes fifty seconds East (E. 8~5g'50~.) by the easterly hundredths (5?~-9?/100).feet to a stake; thence North thirty-four degrees forty-five minutes forty secs~ds East (1~. 3~94§'40"E.) still along the easterly line of said Piece or Parcel ¥II two hundred sixty-two and seventy-one one hundredths (262-71/100) feet to the southerly line of land formerly owned by Jenkins; thence along th~ southerly line ef said land of John S. Jenkins, the ~ ten seconds East (S. §9°17,10.E.) two hundred fifty-four and eighty-one she hunG~edths (2§4-81/100) feet; South forty-one degrees forty-six minutes ten seconds East (S. '41~46,10"E.) aixt~-five and sixt$1ns one hundredths (65-69/100) feet; South fifty-six degrees fsrty-t~o minutes fifty seconds East 1169 Cedar Beach Road for the widening of said road. PIECE OR PARCEL IX Beginning at a cement monument which is at the north- west corner of the land now being described and ~here the westerly boundary thereof Joins the southerly boundary of land formerly of Jesse Terry but now owned by said~ohn o. ~enkins; running thence ~outh forty-six degrees fifty-four minutes East tS. 46~54'E.) ~wo ha~dredforty and six tenths t240.6) feet to another cement monument als0 in the southerly boundary of land of said (Terry) Jenkins; running thence along that land of the party of the first part, Edwin H. Brown which is herein designated i-ieee or ParcelVSouth nineteen degrees twenty- three minutes ~eet (S.19°23"#.) two hundred ~,~snty-~ight and five tenths 1228.5) feet ts s cedar stake; running thence North forty-eight degrees fifty minutes ~Jsst tN. 4S"50'd.~ two hundred forty-one and sevenlenths {24d.?) feet to another cedar stake~ running thanes~ gouth twenty-two degrees thirty minutes West (S.22~ 50"~,) one hundred seven and eight tenths (10?oS) feet to another stake; running thence ~outh Two degrees thirty-seven minute~ ~lest tSo.goS?'W.) two hundred twenty- nine and two.tenths (229.2) feet to a Locust stake; running thence South twelve degrees fifty-seven minutes ~as~ (Solr~5?,E.) three hundred eight and t~o tenths (308.2) feet to a Locust stake; running thence South nineteendegrees twenty- three minutes ~est (S. 19~25,,~.) seventy-two and five tenths (?2.5) feet to an eld Locust stake; running thence in s westerly direction~ long an old boundary ditch form- lng the boundary between the premises now being described and land of the party ~f the first part Edwin H. Brown, two hundred sixty and seven tenth~ (2S0.?) feet; running thence North twenty-three degrees eight minutes East (E.23~08,E.) one hundred and ~hree tenths (100.3) feet to a stake; running thence North twenty- one degrees ten minutes East (NorlOl0,E.) t~ee hundred sixty-three and four tenths (363.4) feet to an Oak Lop; running thence North twenty-two degrees thirty minutes East (N.~2o30'E.) four hundred seven and five tenths t407.5) feet to the point or place ef beginning, Except about one and one-quarter of an acre of the northerly portion conveyed by the parties of the first part to John $. Jenkins. PIEC~ OR PARCEL X been design~ed Piece ar Parcel IV, running ~henee in a southerly and sou$~hwest~rly direction along the mean high water mark of Shelter Island ~ound the land hereinafter described a s Piece or Par=el XI, running thence along the id nd hts, anywhere and except that un a plot f~onting on Cedar beach at its junction with · except as to sizes of plo~s and numbe=s of buildings upon plo,ts. Ne materials other thing or building' mhy dock or boat house ~n any of the channels or th part of any portion of said dredged channslm or dredged water ~ays before the Cedar Beach Bead.' Subject, also, to rights of persona'~ho havB bought ploSs date of the contract pursuant to it this date iS made. Subject also, to a right lighting lines new on par~s cf premia~a hareinabove descr~bed.~ II I ' P COnic ] . Ba~ %hreehufi~r, of lilO-~ East one h~ndred ~ degrees eight one~ st, ill along [gh water;/line degrees seventee~iminutes for~y ~econda ~ hundred and'eight one hu'ndredt · .'",[~ feet; thenc~ elght~two degree~ still along the ~gh water ~tne of' said Bay~ "-' foi~m~i 'b lo ng to the Co=~oner~' of the To~'n of Southold o~Parcsl XE thence ~n degrees thr~e mihutee ten aecsnc wear ~r Parcoi~II~ ~o hundred ~nd.thi: ~dths (2~6~1~/1)),fe~t; t~lrty-three miSites ten 3'10" E.)still along said iece or feet ts $ small.c~eek, ~ along said Small,~eek to where the Pi a again ~est~ Parcel still ~long- Parcel hundrsdth~ still along said 1 minutc forty-see sal~. Ptece ~or Parc~el eighty one hundredths (72-80/100) feet; ,hence North ~a twenty-~w minutes twentyseconds' ~ West ' or Parc~i X~, One or Parcel $~!O0)~feet;. ~S west hundred f~e Mnute8 n~nu~ee Toot )f land here~n~f ~ty-four { feet to the corner of 8a~-P~oc~e c ~o~ ] thgnce South fifty-f~e r ~ ~ ' desroes two h~dred ntnety-~ee ~ 8eveg~y-one one hundredt~ fifteen hundred aec Of maid last ~ve courMea part~, of~ the e~.de of t~ h~ ~nteraeot~on of the ~e wem~er~y South twenty-one un&~the ~o~therly $~de of s~ ~td PA, ecsc or parco,! of land cfl~rlaed therein,and to D~n~.el 1~. Hortun, ' 'thereof at a stake located the Cedar Beach Roa~; sixteen minutes e:tgt~.~ seconds. Woot~(S, ~201~,O~u! W~,, and two and four te~h8 feet (1102.4) ~o a re{e~wad ~y th~ party of l L to be'Wade at sc~e f~(ure then~· &nemfnut~e filed ~'Suffolk County ~erk~s Offflee on ~so, those plots or parcels thence ~orth f~ratpar~ from th~ the nd 8 on the nap and which ar~' desZgn~ted plots or parcele o~' on. eye and whtc~ are de~lgna~ thooa plots or ~a~ce~ o~ ~d'; Fau~ w~ch, are de~nate~ those pI~'~e or parcele of land ]J Plea P~ OR PAR~E~ ~ ,ia ~in~era~cte~ By the ova deaCribed as Piece or bald Lnd8 dO~reee .~eet; thenoa~tiil ?boat el~t (8)fea't wide "'"~"~ ~:' ~Ou~hold,, -'~nteraootion of tho Westerly sAde.o£ Ceda~ Roa~ thenee~aeterly~ Road to l~nd here: thence Northerly by to land now or ~ the ~outherly line of aa what Ii cA!led "~ew Road" to o~v · ~ r~n~ thence ~Or~herly ~ o~ t~ ~orther~e~da .Of Oad~ ~each :~ '~ ~esterly l~neof P~ceo~ P~caL ~f eaid-~es l~ne of land of ]~enry ~ebe; thence -~outh~ly r~erl~. ~ed by ~enry ~eebe~ ~(a " land hereinafter descr!~ed as Piece or P~rcei:~-~ )tc the Lxt~-two ~nd a.eventy-on~ ae~ondl Eaat~(~. ~,~0' ~,) b~ ~he ~1[.~1!~! ~ ~Oe .-.°r ' t: - 1321 s r 262 "' Parcel V~, five hundred seventy-nine and ninety4seven one hundredths ~79-97~100) feet to ~ stake; th~c~ ~crth thirty;fou~ de,roes fo~ty-fl~e mi~te~ forty '{N, ~4e4~40' ~,] 'still alo~ the easterly line ~f said PieCe or ~rcel~V~X t~ h~d~ed ~ixty-two and s~enty.one one h~edtha (26~'7~100) feet to the ~ li~e of ~wln H~ ~ro~ but ~ow :o~ed by said thence ~o~ the' eoutherlyltne o~ said l~nd of follow~ courses and~ distance~, greess~enteen m~utee ten ~d~ ~t .two h~dred ftf~yafo~ a~ ~ne h~dredthe (2~4-8~100) feet; ~outh f~rty-~ ~nutes ten' seconds ~t (8~41e~1~ five ~4 e~ty-nine ~ne hundredt~ ~-~ forty-two minutes fifty (S, ~'~B,E.) to the ~este~ly side of the ~own aa eN~ ROA~e to ~ou~hold; thence aouthe2~ t~ 'side of 'New Road' to ~outhcld to the e~de ~ff ~dEr Beach Road~ thence wester~ lao~g aide ~0f Ced~ ~each Road to ~he point and pl~e ~l~ting, however, a strip of land about .~ide.-~ ~ng~ the ~o~ther~ side 0f Cedar the ~dening of said road. ~eg~ning at a ~ement mon~ent which Is west earner of the l~d now bel~ described :-~' .~esate~ly be~dary thereof Joins lan~ ~S~eriy of ~ease Ter~ but now o~ed by · e~ ~i~ ~h~h~e' 3oUth f~ty~six degrees ~t to another c~ent 'la~d of the party cf the first part~ ~o~th fez tho north- the 'ohn 3.' tenths thence alcng~ ~Lr~z~inut~ es ye :Bast., (~.l,~e~;?,v~.) three h a T. OOUet Stake ditch running (l.a the at the southeast( which hag thence ~n a ~ound~ry between the premLee8 tenths san high water mark of herelnafter deacrL~ed as Plece or Parcel X]t~f rL~nlng thence along the 8~nuoeitle8o''f;ea~d Creek generally In a northerly dlrectLcn thefl~e, easterly ~o~ a eo~ther~ boundar ~cel ~ to the point or place of begin ~ . . '~[../. To~eth~r w~th ~1 ~sl~ds ~ ~a~d ~eek and einabOve th ~1 app~t~ of the last and all ~cluded In and ~su~ded 'Northerly by cedar ~each Creek; F~st By said ~eek ~d the ~eek ~a~el, Southerly by ~d ~e~ter~ By the l~d hereinab~e described Together with the premises above described a to be · ~sold:a~d:eo~veyed~ all ~the right, title and the eelle~ If any, in and to ~ay View Road and i~ 'frost' of .,aid p~remiees a~d.to thc *en~er line all right, ~tle and ~ntereet cfi the seller, if ~n and to ~nd~ front off said ~r~ieea under water An ce2ie ~y a~ ~el~er Island Sound'and ali creeks and 1~o~ -and all rAp~A~ rights, ~ a~, of the seller. . of O~e. ~u~d ~e~an~d nix;hundred ~wenty-five'~O~O0~. w~ch~to be made by t~ p~ty of ~he' aeco~d p ~[to ]dW~n H. ~owno - S~bJeo~ alSO~ to the follcwing restriction8 ~h~c With the land until the end Of the term of said folloia= shall ru~ ~gage, as stated, any of'the ehal~.,be end ~c~se oaldF~lw~'H~:~rown:;and-b~ ~u8 · -:shall - he 'gredted feet ~f a~ pec~nio ' front or o~t~ lO. th,of'the ~ rest, No pr~Ty off separate e~ructur~ be used a septic trap. - )orated in the same buildin~ he ~earer to the .water~ o~' ~oud.front" ''~ '~o~';''*~' feets nester to ~y ether b6~d~ ~nd ~ be erected or ~ntained~a~a'' or a cese-pool c~bLned w~th ~c on,hale ez~ept household pete may~ ~ ke~ upon ~n~ ~Io~.' ~o bus,ness o~!any k~nd, may ~e~co~dac~ed'~up~n an~ of enid plots ezce~t that e business of a ph~eiclan..may-~e anthers and e~ce~f that On a ~Iot fron~n~ with 2a~r View ROad. the buo.~nese o/' innkeeper :~ the Sale ~of food sgLpp21es end ~ necessities to residents ,of tho mai .ned om plots.and ~bere of ~ or any,sewage or refus ter Island.sound Or ,an~ ~ther waters. hersl~abo~e to such l~ upon pXots, be'allowed-to any I~qtl/d ' :o/' '~h~ · ,b~tmdlng ~ ortlon of oald.d~.odge~,el~mnnsl~ . &~ ~the:Tff~on~ o£ Said- plot on the Boundur~ t~e'eol~ right to modify the fforegolng reetr L forever arran~ thO title itQ[said Pr~lQee, the parties of the first part have hands and seals the day and OECi~ T.HIS DEED made the t! ~day of~ bstween J0~f R. ~UNK, Referee duly appointed in the action hereinafter mentioned, Grantor, and ESTATE OF EDWIN H. BROWN, INC., a corporation organized under the laws of the State ~f New York, having its nxincipal office in St. Albans, Long Island, New York, Grante~, WITNESSETH, that the Grantor, the Refereer | appointed in an action between Adeline R. Brown, CaXton BrOwn a~d Stanley Brown, plaintiffs, and J. p. Eull~r Realty Corporation and The/People of the State of N~w York, ! defendants, foreclosing a mortgage recorded ~n the ~6th day Of April 1926'in the office of the Clerk of the 0curry of Suffolk in l~ber §8S of mortgages at page'186, in p n~euanoe~l of a Judgmentlmade at a Special Term of the Supreme 0ouxt, 0ounty of Kings, on.the 28th day of July 19S3, and in the office of the Clerk of the 0ounty of Suffolk the 25th day of August lSS~, and in consideration sum of ten thousand (10,000) dollars paid by the Gr that being Zhe highest sum bid at the sale under sa judgment, does herebyg~an%~and convey unto the Gra ALL those pieces or parcels of land situate, ly and being at Bay View, in the Town of 8outhold, O0~ $~uffolk and State of New York, bounded and describe~ follows: mtered on the ~tee, Id ~t~e,~ -' Lty of PIEOE OR PAROEL I . BEGINNINO at n stone monument set in the southerly linel of the highway lending from Bay,View to the Village of ,. e same is int~rsectedby the easterly 8outhhold, where th . . ' ' in line of the highway kl~omlas Cedar Beach Road, andrunn thence South sixty-six degreesssvsn minuteeten seconds East (5.66°7'10a E.) along lend hereinafter described as piece, or Parcel III, fourteen and ninety one-hundredths' (14 -90/100) feet; thence South thirty-four degrees five minutes fifty seconds West (S.34°0§'50''W.) still a!o~g _ t se.id~lece or parcel IIX, fou~ htmdred sixty-refit aha sxx y t res'one hundredths (464 -.63/100): feet; thence North sixty f~ degrees eight minutes fifty seco~dsWeet (N.64°08'50" W.) still along said piece or Parcel III five hundred forty- two and ninety-one hundredths (542-90/100) feet; thence s id ieee or Parcel III South thirty-four:ds- .still along a P , ~' , o" g~ees twenty-five minutes and no seconds,West ~S.~4 W.) sight hundred and six and forty-seven one nunarea~ns 80g-47/100) fdet; thence Souththirty-four 9egtees no minutLestwenty seconds West (5;54000'201' W.) still along said piece or Pnrcel III, and land hereinnftex described ns Pieosl or Pnrcel II, seven hundred ninety~oneandseventY- three one hundredths (791-7~/100) fest,~to'the high,whirr line of peconlc Bay; thence South'Sevsn~y-two degrees' forty- nine minutes East (5.7Za49' E,) alone the high wnter line of psconie Bay two htmdred ninety-one and seventysix one hundredths (291-76/100) feet; thence South o degrees twenty-one minutes twenty seconds Enst (8.74 Zl E.)Stitl along the high water line of enid Bay, seven I hund~ed forty-eight and fifty-two °ne[hundredths748-52/100 · feet; thence South seventy-f{~e degrees sixteen minutes twenty seconds East (S. 75016'~0" E.) st~ll along t~e_high wateX'llne of enid Bay three hundred eighty-five ana-~en one hundredths (~85-10/100) feet;'~thense South eighty' degrees ~lxteen minutes fifty secondsEast (S]20~16~50'' E.)'Sti11 along the high water line of eaid-Baythree~hund~ed.~seven{ and twenty-five one-hundredths (~07-25/lO0)-feet ':.throbs - ds eeese~entee~'min~tes~twent~S~conds South seventy seven ~r .Si. ~a-+ I= 77o17 ~0" E.% still along~the high water,line, said Bay one hundred ten and f~f~yrf~y,~.~n~,,~un~r~d~. ~ (110-55/100) feet; thence South eigh~y~tn~se,aecreew~°'~ o E. still' ~lon~:th~-high'~ater~line minutes East (S.83 O0 . ) ' - : - ' ........ th of said Bny ~ne hundred sixtY-two ~%52~ xeem; ~aen~ ~¥~t eight~-nine aegrees thirty-seven' minutes'~ten secon~ ~ Bay fifty-six and thirty-eight one nunur~u~ % Y ~ , feet; thence South eighty-t?~ee'degrees/forty-three minutes twenty seconds East (S.83°43~0'~ E.)s~il~ a~o'n~,the..h~gh . water line of said Bay,'one hundred nineteen aha on~:one~ th 119-1 100 feet. tlence South eighty-five'degrees: hundred ( / ~ ) ~o ,4 "'E. one seventeen minutes ,ort esonds E?t ei ht one-hundredths ~lO0-~r~ou~ ~ee~, ~nenc~, hundred and g , . South eight y-two degrees seventeen, minutes, . ··f°rtF. Sec°~a~ ' , =-.. le ~o17'40" E.~ stil~ along the nign, w~ter belonging to the Comr:,onere of thc To~m of Southold ~d' ~re- -3- inaftcr described as Piece or parcel XI; thence North nineteen degrees ~nrce minutes ten seconds ~est (N.1Se3'10'' W.) along said piece or parcel X~ two h~u~dred fifty-six and thirteen one-hundredths (.B58-13~100) feet; thence North sixty-nine degrees thirty-t~ee minu~es ten seconds EaSt (N 6~3'10'' E.) still along said Piece or Parcel X~, one hundred tm, enty-one and eighty-eight one-hundredths into 0odar Creex; thence feet to a small creek, leading where the same is [nter~ Northerly along said small creek to sected by the division line between the laad now being dc- scribed and said Piece or parcel XI; thence in a north- westerly direction along said division line to Cedar Creek; thence westerly and thence N~rtherly, thence again West, thence again Northerly, thence Easterly, thence again Northerly and thence again Westerly, alon~ said Cedar Creel to where the same is intersected by the division line be- tween Piece or Parcel I now being described and said Piece or Parcel XI; thence South thirty-th~ee degrees fifteen mi~ utes West (8.53°15' W.) along said piece or Paroe~.XI~ thirty-six and thirty-seven one hundredths (SS-ST/mO0/ feet thence NOrth thirty-four de&~ees nine minutes West (N.$4o9, W.) still along said. Piece or Parcel XI, one hundred twenty-five and seventy-nine one-hundredths (125-79/100) feet; thence North sixty degrees thirity-nine minutes forty second~ West (N. 60°S9'40" W.) stilli along said Pleceor parcel XI,Ltwenty~two~and eighty-cn~ one hundredths (22-81/i00)T~et; thence ~orth eighty-Six.degre thirty-two minutes ten seconds West [N. 86°32~10# W.) along said Piece or pa~oel XI,~sixteen andtwentyJeight hundredths (16-SS/100) feet;t~e~ceSouth thirty degrees one minute forty seconds West (S. S0~1'40~ W.) still alon~ said Piece or Parcel XI, seventy-~wo and eighty one- ~,mdredths 72-80/100) feet; thence North fifty-nine desre. w--~nty-six minutes t~enty eec0n~s West (N.59026'20'' W.) still along said Piece or parcel XX, one hundred ~orty~ei and eight one-hundredths (148-08/100~ feet; thence north seventy-five degrees'twenty-three minutes West (N~ 750S5 still along said Piece or Parcel XI, one hundred thirty-a~xl and seventy-t.hree one .hundredths (136-75/100) fee~ (in survey made by-C. p;-D~rling, this distance sfsg~en ~s o~e} hundred and eighty-seven:and twenty, one hund~edth~ (187- 21/100)' feet to the ~a~terl~ line'of the highway~nown the Ceda~ Beach Read, thence South twenty-one degrees thl~t~- ~ two minutes fifty seconds West (B. 21032t50!~ W.) along th~ easterly line ofsai~highway fo~ hdndred fifty-five and. p - g g .. , PIECE OR PARCEL II EEGINNING at a'~oint on the southerly line o$ the B~ View Road at'the intersection of'the ~asterly lin~ of lan, formerly ~elonging to the Estate of ~ttie O. ~lsher, de- ceased, and now belonging to EdwardO. Nills, and running thence by and with-the~southerly line of sal~ Bay ~lew the following co~rses s~d dlstanee~, to wit: South sixty-~ degrees two minutes t~£rty seconds East (S. 66~0~'~0" E. three hundred seven and thirty-eight one hundredths (~0?iSe/100) fee't~'Sodt~ ~fXty-fe~'~egrees fifty-one fifty seconds East (S. 64°51'50,,. E. ) <)ne hm~dr~.d fifty-e.i~ht and eight one-hundredths (158-~/1QQ)~£set; South"six'tyCOonS. degrees fifty-five minutes twe~ty"see~snds East/(S. :64055~20,, E.) five hm~dred forty-nine and fifty on~-hundredths (549~ J50/lO0) feet to tho Westerly..ltn?:of:;lmnd he:ei~aft2r described as Piece or Parcel degrees fifty-eight minutes West (S. 32~58, W.) by land last mentioned fifteen hundred twenty-eight and ninety-fo..one' h~d~edth~ (1528-94/100) feet .t'b the South.west corner of'' sal~ Piece or Parcel II~; thence Sou~h fifty~five degweeS fifty-nine minutes forty seconds East-(S..'55 ~9' 40,, E~ )~ 1 ~tllt along land last mentioned.twe-h~dred ninety-three seventy-one one'hundredths (E93~7!/100~/eet to~Iand above described as piece or Parcel-'I;~ t~ence Sou~h thirtyk~_ fo~ degrees twenty seconds West (S. "34 ~0" ~0~' ~4.) by land last mentioned fo~ h~dred eight'~d;twenty-t~ec on~ h~dredths (408-25/100) foot-:to ordinary high. water mark Of Peoonic Bay; thence along ordinary high Water mark of said Peconic Bay the following co~ses ~d distress, to wit: North seventy-one de~ees one .m~nu~e forty seconds Wes$ (N~ 71° Ql'40~ W.) one hundred forty-two and ninety-t~ee one.~ h~dredths (1~2-93/100) feet;~ N~rth sixty~six degrees fifty- two minutes West (N. '66°5~' W.)one ~dred twenty-two and' ten one-hundredths (l~-lO/lO0) feet, North sixty-eight de~ees fifty-seven minu~es fifty seconds West (N. 68057'50'' W.)fo~ h~dred thirteen and thirty-.lx one-h~dredths (413~36/100) feet to the easterly line o~ said land of Edward O. Mills; thence along land last mentioned the follow. ing co~ses and distance~; to wit: North thirty-five de- grees sixteen minutes thirty-seconds East (N. 35°16'30" E.) ~o~ h~dred twenty-five and fi~y one-h~d~edths (4~5-50/100) xeet~ North thirty;fo~ de~ee's'eighteen ~iffute~ fifty seconds East (N.34OlS,50,,E.) four h~dred ~d seven ~e- ~d~e~ths (400-7/100) feet; NOrth thirty-five degrees fir- eon mxnutes East (N.55OlS,E..)"fl~e. h~drm~d%seventy_two' and seventy-fo~ ~ne h~dredthe (57~-74/100~ feet; North fifty nine degrees fifteen minutes fifty seconds West (N. o9°15'50"~.) six h~dred sev~nt~Lfo~.~d eighty-one- hundredths ~o74-80/100) feet~ North twenty;seven degrees twenty-six mlnute~ forty seconds ~a~t (N.27o~6~40,~. ~ twenty ahd ninety hundredths (80-90/100) feet; North .hirty-two de~ees fifty-five minutes forty seconds East ~N.~2o55,40,, E.) five hundred forty-six and ten one hundredths ~546-10/100) feet t.o the point .and place of beginning. PIECE OR P~CEL III: BEGINf~ING at ~: p,qlnt on the SoUtherly side of Main South Road leading through Bay.View, ~joining ~he North east corner of land horeinabove described as Piece or Parcel II, and tm:ninE thence by land last mentioned South thirty- two degrees fifty-eight minutes'West (S.'3So58,W.) fifteen hundred and twenty-eight and ninety-fox.one hundredths (1528-94/1;)0) feet; thence S;~th'fif~y-f~ve'dcgrees fifty- nine minutes ff~rty seconds Esst (S. 5b°59'40,' E.) still along' land last mentioned two ~ndred and ninety ~nre~ and seventy-one one hundredths (293-71/100) feet' to laud here- lnabove aescribed as niece or ~aroel ~; taence ~f~rth thirty- four del;roes no m'tuutes mventy seconds ~a.~t (N. 34° 0']'20" E.) three hundred and eighty-three and. fifty_on,o .~udrodths ,(o89-50/100) feet lthellee .~'Ioi't~ tLirty-fou/. 'twenty-five minGtes East (N.~ Y4025' El) eight hundred ~d six and forty-seoen one hmudredths (808~47/100) feet; t~snce South sixt~rfour degr~cs ,e~E~t niuutes fifty seconds East (e. 84e08~S0"E;) five nut,red ~nd forty-two and ninety one- hundredths ) feet: thence ,~orth thirty-four ~utes fifty seconds East (N.S4o05,SO y-three one hundredths thence North sixty-six degrees seven 8go07'10'' W.) fourteen and (all of said last g along Piece or Parcel I) ~foreseid; and thence Westerly along side of said ~(atn South Road to the !~oint or H. Brown to Daniel H. ~orton, ~ginning s~erly corner thereof at a stake souther] side of ~he Main Bay View Road by the intersection of the View Road with the westerly e of the Oede~ Beach Road; running from said sta~e South es eight seconds West eightyveeven and seven tenths ; running thence South thirty~ ~rees~sixteen minutes eight seconds W. (S.S8~18,08,W.) hundrsd and two and fou~ tenths feet (l10E.4) to oe monument; running thence North sixty-three degree~ fifty-two seconds West (N. 8~01'52'' W.) Sire h'undred and thirty-four (554) to a pipe monument; runnin~ ~thenSeNorth?twenty-slx~degrees, thirty-eight minutes ei~ xt s~conds East (N. 28~8'08'' E.) two hundred one (~O1) feel to a pipe monument; running thence !~orth sixty-one degre~ ~ nine minutes fifty-two seconds West (W. gle0S,52,, W.) sl~ hundred fourteen and seven tenths (814.?) feet to a stri~ ,o land reserved by the seller from said sale to Horton to ~ made at some future time a private road, exclusively for his, the seller,s, use, a~d~he usa of his he~r~ and assigns running thence (from the' course last mentioned) along said private road strin ~0rth thirty-five degrees, eight minu~es four s~conds East'(N. 35008~04~, E.) three hundred sixty- nine and four tenths,-($~9~4)feet; running thence still along said Orivate ro~d Strin North fif~y-nine donees nine minutes eight seconds W~st (~. 59o0~,08,, W.) six hundred seventy, five ~ ad seven ten~hs (675.~) feet; running'thence stil~a~ong s~ i~privage .rSad ~trip~North thirty-three : degrees fifte~ a minutes East (d. 33 15' E.) five hundred i twenty-five and nine'tent~s (5~5.9)feet 3~ the southerl~ side of the Hain. Ba~LView Rosd, running thence along the~ southerly side of%he'Mal~ Bay View Road South sixty-fiv~ de~re~s flffeen minutes East (S. 85015' E.) eleven hundred cue and eig_~t tenths (il01.S) feet to a road monument; a~d 'running thence along, the' sputherly side of the !~ain Bay [ View Road South sixty-nine degrees thirty-one minutes EaSt (S. 69°31, E.) seven hundred two and nine tenths (702.9) feet ~o the point or place of beginning. EXCEPTING, however ~rcel of land con- ·eyed to Elsie .Galloway, which-,ls designated~ as Plot ~,'15 on rm~p entitled. "Nap No. I :or. Part,Of Property of EdWin H. Brown at Bay View, Southold~' New Ydr~, Scale ~ Inch-lO0 feet'~, made December 1~26 by Franklin F. Overton, Peconic, N. Y.; said map having been filed in Suffolk Co~ty Clerk's Office on Jan; 27th 19~6 ae.n~ber 808. EXCEPTTNG also those plots or parcels of land conveyed to Wlltiam H. Barnes, and which'are designated as plots 9 and 10 on the map last above, mentioned.' EXCEPTING also those plots-Or parcels of l~d conveyed to Joseoh Kratoville~ ~d which are.des!guated as plots 5 ~d 6' on the map 'last ~above(~entioned. ' EXCEPTING also those~plot~ or parcels of l~nd conveye~ to Edward H. ~d Hulda.Fauth;t which are designated as plo~s 7 and 8 on t~e map last abqve~mentioned: EXCEPTING also that/plo~ or parcel of land conveyed to Clarence Platt, Which: iedeai~ated as Plot B on the map last above mention~d?~'~ EXCiTiNG, also thosa~p1?ts.o= parcels of land desig- nated on said~map as plots%or parcelh 1, 2, 5 and 4, the same being reserved by the parties of the first p~rt~ and also excepting plot E of ~said map which is the subject of ~TECE OR PARCEL BEGINNING at a p~int ~G~$he e~te~ly line of Cedar Beach ~oad, where the ~same ~ie ~inte2sected by the northerly line of the land hereinabove described as Piece or Parcel and r~ning thence NorSherly ~long t~e Easter.ly ~ide Cedar Beach Ho~ to'a:'cd~er thereof; thence easterly along the Southerly side o~ Cedar Beach ~ad to the Beach of Shelter Island So~d, which Is sometimes referred ~o as Peconic Bay; thence S~uthe~t~ along said BeaCh ~o hereinafter described as Piece or Parcel X; thence Westerly along said Piece or Parcel X to ~ne Northwes~ corner there- of; thence Southerly a~ong~emid Piece or Parcel X to C~dar Beach Creek; thence.alOng said~C~eck as ~t winds and turns, and bo~ded Easterly, '.'.est~rl~ ~nd Sofithcrly thereby to said Piece or Parcel I; ~hence-along ~aid Piece or Parcel I South t~ir~y degrees, t nifty-nine ~uinutes .~'est (S.oO thirty-six ~nd thirt~g~even one a~tdred~ns (36-57/100) fe~t; ( on Darling's r~p the course is ~iven ss Souta thirty-~nree degrees fifteen ~inu~es West((S. ~:~clS' 7~.)) and nt~ety-seveu one !mndred ((.B8-97/])0)) fe..t); thence still ~lou;! s~id Piece or porcel I ~.~)r~k t:~lrty-four dei~rees nine miuutes West (N. 54o39, W.-) ~ne n~dred twcn~y-five ar.d seven~y-nine one h~dredtns (.~..~-~/~00) fe~t; thence still ~l~ng said Piece or Parcel I North sixty de~rees thirty-nine :s~ln~tes forty secmds West (;L 80~Z9'4~'' W.) twenty-two ~nd el~l~y-one one h~mdredths (22-81/1~0) f~et; thence still alon~- saia piec~ or Parcel I ~o~tL degre~ s ~h!rty-~wo miuute~ ler~ ~ Seco~d~ ' ~'est (~;. B6°o;~' tO"W. sixteer~ and t?,e:ty-ci:jmt )ae hun, rectf;s (_. /~. ) feet )- y-two and eighty one-hundredths (7Z-80/100) feet; thence still along said Piece or Parcel I North fifty-nine degrees twenty-six miautee twenty seconds West (N.59o26~ 20" W.) one hundred forty-eight and eight one hundredths (148-87100) feet; thence' still along said Piece or Parcel I North seventy-five degrees twenty-ti=es minutes Wes (N. 75o23, W;) one h~ndred eighty-seven and twenty-on~ one hundredths (12?-al/1oO) feet to the easterly line of Cedar Beach Road at the point or place of ~eginning. _ EXCEPTING a strxp of. land about eight (8) feet wide. along the southerly side of Cedar Beach Road taken for the widening thereof, as far as wllat is called "New Read,, to Southold. PIECE OR PARCEL V: BEGINNING at the Southeasterly corner thereof, at the intersection of the NortherlF side of Bay View Road and the westerly side of Cedar Beach Road, and run~ Northerly along the westerly side of Cedar Beach Road tUrn of Said Road; thence'~asterly &long the Norther] of Cedar Beach Road to land hereinafter described as or Parcel VII; thence Northerly by the Westerly line of Piece.or Parcel VII t01and now or formerly of Jesse thence Westerly along the Southerly line of land of said Jesse Terry to the Easterly line of land of Henry Beebo thence Southerly by the Easterly line of land formerly owned by Henry Beebo (and eomorising the land hereinaf described as Piece or Parcel ~X) to the Southeast corner thereof$ thence Westerly by the Southerly line of said Henry Beebo land.to.land of William Aksoin, formerly by Anna L. Beebo, rhone9 Southerly, partly alon~ land of said William Akscin and partly by landhereinafta~ desor~ ae Piece or Parcel-Vis,to the northerl side View Road;thence Eaeterly along the ~orther~ said say View Road t0 the ooint or ola0e of beginning, side of " EX~EPTiNo'{herefr~m a strin of land about 16 feet taken along the westerly side of Cedar Beach Road for widening of that road, and a strip about 8 feet iide the northerly side of that road for the widening thereof PARCEL VI: BEGINNING .on the Northerly side of Bay ViewRoad, the same~is lnters66ted by the easterly line of ~and of ~illiam Aksoin and running thence Easterly alongthe ~rly side,of Bay.View Road to said Piece or Parcel V, ly~&long thC. said last mentioned land to .mAkscin Shioa was formerly owned by ~una L. Bee said land of William Aksoin, formerly owned ~orth Seventy degrees fifty-fo~r o %~'~NZ'?0°54'57 W.) four hundred eevent - ne-nunaredthe (471.~0) feet to a corner '~y albng Other l~nd of said Nilll&m Akscin PIEOE OR PARCEL VI,I:' ' Beginning at the Southeasterly corner thereof, at a point on the Northerly side o~ Cedar Beach Ro~d adjoining land formerly o~med h~ Sarah'E~ .Beebo and hereinafter de- scribed as Piece or Parcel ~III, and =~ning thence North eight deErees fifty-six minutes fifty seconds East (N. 8cS8'50" E.) by the westerly line of said Piece o~ Parcel VIII fiv~ h~dred sevsnty-nine and ninety-seven one h~dredths (579-97/100) .feet to a stake; thence thirty-fo-~ de~ees forty-five minutes for~y-Seoonds Eas~ (N. S4°45'40" E.) alon~ the westeFly line of s~id Pi$ce o~ Parcel VIII two h~dred siXt~tWb ~d'sev~nty-one one h~d~edths (Z8~-71/100) feet to the Southerly line of land formerly o~ed b~ Edwin ~. B~o~ and previously o~ed by Ezra Beebo; thence North fifty~ine degrees seventeen minutes ten .seconds West (~l. 59°17~10" W.) along the Southerly line ofh~nd last m~ntioned, one h~d~ed and seventy-nin~ one h~dredths (114-79/100)·feet in ~djoi~inE land formerly 0f?J~sse Te~ry,~ ~d now by Jo~ S. Jenkins; %hence North fifty-seven de~e~s twenty-~ one minutes ten sec0nds WeSt'-(N. 57~1'10~ W.) by the Southerly line of land forme~ly-'6~e~ by J~sse Te~r,, now o~ed By Jo~ 8. Jenki~h, two~h~ed eighteen ~d sixty- seven one h~edths (,~18-87/100) feet to the e~ste~ly.line of the land he~inabov~ deScribe~ as pi~c~ or Parcel ~; thence South ~wenty-one de~ees:fifty-seven minutes ten West (S. Z1°57'10" W.) alon~ the Easterly line of said Piece or P~o~I V, on~ ~hoBs~d twenty-five and three one h~drsdths (10~5-3/100) fc~ to the Northerly side of Beach Road; thence along the Northerly side of said Cedar Be~oh Road, South Eighty-eight de~ees five mind, es ~o seconds E~s~ (88o05~00. E.). fP~-h~d~ed 2wen2y-fo~ and t~nty one-h~dredths (424-20/100~ feet;. ~cnce Sduth~ '.' seventy-eight degrees eleven mlnu~es forty seconds East (8. 78~11~40" E.) still alon~ ~he northerly~ side of said . Cedar Beach Road t~o and nine' one h~ed%hs (Z-9/lOO)'feet EXCzPTIFG a strip of land aboat eight feet wide the ~outherly side of Cedar B~oh ~oad-~e~ Tor the wtdenJ inE thereof as far as what Is called "New Road" :o Southold. PIECE OR PARCEL VIII: ~. - : point ~n th~ Northerly side of aed~r Beach Road the Easterly l[ne. of land nerelnabove lda~c~ibod a8 Piece or P~ce~ VII, s.nd r~ulnu theHbe~Nortlf~6'tMht~?de~e2 ftf~'~- six minutes fifty secords East [N. 8°56 50 E % by the easter?~ 1-ne of Piece or Parcel VII, five'hu~dred " sevent~-nine and ninety-seven,one feet to a stake; thence ~¢orth.t~irty-fo~'~eg~e~ minutes fort' seconds 'asr N. S4° 0 " ~ ~ ~: k]S~' slxmy-mw,: and seventy one ode to t ,a S ruth rly lins (f lan~, f,~r,~.e~,h )w~[i' b- ti, ~rt TM wit:- South ~ ' ~ EaSt (S. 5~o 17~10. E.~ two kundred fifty-four and ei ht o~e one hundredt s f254_81,1~ ~.~, e ,, ~ _ g Y- -~-.~ ~x mznuzes ten secoads East (S. 41o46,10. E.)Vslx~y_ ' five and sixty-nlne one hundredths (65-69/100 feet- fifty-six deKrees fDrtyLtwo minutes fifty seconds , South (S. 56o42~50. E.) to the w~+~-~- -' .... East ~- ~w aoau,, ~o ~ou~aold; thence Southerly along th~ Northerly side of "New Road" to Southold to the Northerl side of Cedar Beach aoagi thence westerly along the Nort~- erl¥:side Of cedar $~dCh Road to the point and place of beginning. EXOEPTING, however, a strip of land about eight fee~ wide taken along the northerly side of Cedar BeaOh Road for the widening of said road. PIECE OR PARCEL' IX: BEGINNING az a-cement monumen~ which is at the Nort~- west corner of the land now being described and wh~re th~ Westerly boundary thereof Joins the Southerly boundary of lend formerly of Jesse Terry, but now owned by said John S. Jenkins; running thtn~e South forty-six degrees fi{t¥-four minutes East (S~ 4Go54 E.% two h'--~-~ x tenths (~40.S) feet to another cement monument also in.the Southerly boundary of land of said (Terry) Jenkins, running thenoealong that land of the said Edwin N. Brown, which is herein designated Piece or Parcel V, South nineteen degrees twenty-three mindtes West ( ) two hundred ~wenty-eight ~nd five menths (St8.5) feet to a cedar stake; running thence North forty-eight degrees fifty minnies West (N. 48050, W.) two hundred forty-one and seven tenths (Z41.?) feet to another cedar stake; running.~ thence~ South tWenty-two degrees thirty West ~S~_Z~ $0 W.) one h~u~.dred seven and eight tenths (107.8 · sez to another etake,'rUnniffg thence South two degrees ~hirty-eeven minutes West (S. Ze~7, W.) two twenty-nine and two te~thm(.~e.a) fe~% ~runnin~ thence S~uth twelve degrees fifty-seven minutes ~ast (~. lZ~57, E..) three:hundred eight and two tenths (SO8.Z)' feet to a Locust'Stakei running thence South ninetee~ degrees twenty-three.minutes West (8. 19-Z3, W.I sev~nty-~wo and five tenths.(?Z.B) feet t~'~n ~ ~ta~; runnin$ thence in a westerly direction ~-~ oounesry ditch forming the boundary between the now being described landor the said Edwin H. Brown, tw~ hundredsix%¥':and seven t~nths (S80.7) feet; running North twenty-three degrees eight minutes East iN.ESe08! E. one hundred and three tenths (lO0.3) feet to a stake;. running thence Northt~anty-one degrees ten minutes East (N. ~Zl~lO, E.) three hundred sixty-three and four.tenths (383.4) feet to an Oak LcD; runnin$ thence North twenty- (07.5) feet to the point or place of beginning, except about one and one quarter of an acre of the Northerly portion conveyed by said Edwin N. Brown and hie wife~to John S~\Jenkins. PIECE OR PARCEL X~ BEGINNING a~ mean ~ Sound at the Southeas~erl of land which has hereinab Parcel IV; runnihE t direction along the mean ha ~Shelter Sound and Peconic Bay to ~ce. mouth of a creek which ~ .... separates part of this lan~.frS~ theland:.~h~reinafter"J) described as Piece or Parcei~'XI ~ ~rUnnin~' the~be along'the sinuosities of said Creek generally in a nor,herly directio~ to and along ~n Easterly boundar~ ~f. Piece or Parcel IV, and running thence easterly alohgla Sb~therly boui~dary of' said Piece or Parcel IV to the point or place of begianlng. Togethe~ wl~h ali islands in said Creek and any and all confluent waters, except those islands which are in- cluded in other pieces or parcels of land hereinabovc described, and together with all apourtenances of the last above described tract or parcel of land and said islands. PIECE OR PARCEL XI: Bounded~Northerly by CedarsBeachCreek, Easterly by said Creek and Creek Channel;. Southerly by Peconic Bay and Westerly by the land hereinabove ~escribed as Piece or Together with the premises above' described are sold and conveyed all the right, title and interest of the ~ · mortgagor, if any, in and to Bay View Road and Cedar Beach Road in front of said premises, and to the center line thereof, and all right, title and interest of the mortgagor, if any, in and to land in front of said oremises under water in Peconic Bay and Shelter Island §ouud, and all creeks and lagoons and all riparian rights, if any, of the mortgagor. BEING intended, with the exception of Plot E herein- above mentioned, to be the same premises described in deed made-on the first day o~ADzit ~9Z6%~said Edwin H. Browfr and his wife to the mortgagor. EECEPTI'JG, HO~,%~VER, so much of the above described property as was released from the lien of said mortgage, which released oroperSy is referred to by lo+. numbers shown upon "Subdivision M~p, Cedar Beach Par~, situate a~ Bayview, Southold" and filed in the office of the Clerk of the Oo~t~ of Suffolk as ' ~ .~s.~ No. 90, dated December 19, 19~7, ~der instr~ents dsted knd recorded in the office of the Clerk )f the Co-mu~y of Suffolk ~s follows: Lot No. 19, by r,~leas~ dated k~ril 2I, 1327, recorded )n January 9, 1328 in libor 1325 of'conveyances, ~ce 2,-{g; -ll- .. 167, by release dated August 13, 1928 ~rded 'on Adgust.al', 192~8 :tn liber 1306 of conveyances, pagg. 532;. . .: ~ I I' ' ~0 t N0 . 98' by~,release dated September 5, 1928, recorded on. September.;~, 1928 in liber 1308 of conveyances, page '106; ' ':. ~ot Nc..99, by release dated September 5, 1928, re~orded .on'September 8, 1928 in liber 1308 of conveyances, page 109; , ,, . L t No. 100,. by release dated September ~5, 1928, recor~ed..:on OctOber~8, 1928 in liber 1309 of co'ye r'e'~srded On January ~8, 1989 in liber 1~09 of c~nvey~ce ~ ".'~ot~No8. 6, ? ~d:8 by release dated Narc~.86,.198~ recorded on Aori~ ~, 19E9, in liber l~16 of con~ey~ce8, Dage. ~MO; . Lot No. 9~ ~d the emsterly half of lo~ No.. release dated November 9, ~989, recorded on Norther 80, 1929.~n li~= 1379 of. convey~ce~, page 161; Lot Nos. 89 ~d 90, by release dated March 1931 recorded on April 3, 1931 In liber 1567 of page ~10~; Lo~ No. 124, by release dated M~ch 26, recorded on April 3, 1931 In liber 1567 of pa~ 117; Lot No. 116, by release dated May 12, 1931 on J~e 4, 1931, in liber i581 of conveyances~ LotNo. 121, by.release dated October 13, on October I5_I9~1, page 576; Lot No. 113, by release dated May 23, 1932, on July 21, .1932 In liber 1661 of convey~ces 558. S~JECT to t~es, assessments and water against the premises. S~JEOT also to ~y state of facts which ~ accost. survey of ~he premises would ehow. TO ~ A~ ~0 HOLD ~he p~emises the ~r~tee, its successors ~d I~ WITNESS W~OF, the Grantor has ~ set hi~ hand and seal ~he day ~d ~earsftrst abc ~ n. In presence'of: ' [~ [~ ~ County o~' 6~fo!k , On the llthday (,;~[fjanu~;'y ~934 before me came JO~ R. VUNK, to ~ae kn(~ to be thc individual described in and. wino execute~ ~the,~foregolng lnstr~nent ~d he acknowledged that he executed the same. made the forty-six . b~w~¢n ~ATE O? EDWIN thc laws of the State of New Y~rk, hsVl~lte orinc~pal office at 177-42 Linden Boulevard~ St. Albans, Ne~'Yorg~ ~ a~d ~ELINE R. BROWN, ~esldin~ at 177-~ Linden York, he pa~y of the first part, and' o ~he~. vai6~able of her~b~ ~grant and :utore, admlnl~t~a~ora ALL those ~leces o~ per,ets.of land Pown of S6u~h01d, ?ounty PIECE OR PARCEL ~ BEGINNING s~one South slxt ?lace or Parcel Iii ght : feet; (S~4o00'2 , afteri~e s~venty~t of Peeonie :East (B~72~ :!/ninety~oneie e!gh~,and~fi still sixteen minu high wa~er 1 hundredths ( th~ hI~h hundredths minutes Eas~ one hundred the high wet llne' of. Sa~d ~eet; th6nee ~grees twent ~South th£rty-fou~ as Piece or one hundredths i ~ South e~vent th~ hi water ilne bf S i hdndred f h water lit mdredths (885-10/t00) feet; ee fifty seconds~East of said Bay thr~hundrbd sev*n and ~07-2~/100) feet; th~* South seventy~Seven-degree~ ~utes ~wen~y Seconds EaS~ (S. 77O!7*20,,.E~)~s~lll along ? line of sald Ba~ 0~ hunted ~ and fifsylfive 0ne~.~ ~110-55/1OQ~ fee~; thence Sou~h O~gh~y-~l~degrees ~o (s. 83~00iE~) s~ill al0ng:the high water lihe :of ~Ixty-two (102) fe~;. ~henc~ Sduth ei~ minutes ten sec0n~a EaSt: (S.8~37~10,~ line of said Ba~ Fifty-six and'thirtyrelght one_hdnd. ; zhen~e South eighty,three degrees for~y~three ~-seconds East (Sj83043'S0~E)still atOnE ~he high ~2er ,..y, on~ hundred ~Ineteen eno- onerone,h~n~edt~ ~0" E;) one hundFed and eI2%~ ohe-hund~edth~ (100~8/100) fee; ~nenco T~T_o2E,4$, }-) ~till 51on~; t~., ~t~h water lln~ ~ .... ,a Bay four'hundred fifty-five an,. nl~y eig~t ~&~vhJ~145~-~8/lOO) feet to beach end mladow~ ~9~m~rx~ belongin~ ~o k~¥~ ~r Parcel XI' thdnce Morth nineteel de tees three minutes ten second~ West (,.. ~ J l0 W.) along '~ ~ or Parcel XI two huhdred fifty-six and thirteen ea~J-~ZX~*~ ~256 1~1100) feet; therce No~th sixty-nine,,_ · ~,~ thirty-three minutes ten seconds EaSt (N.69 ~ lO and.eiEhty-eight"6ne-nunare~-s ,-~-----~-- C~ek~-leadi~g into Cedar C~eek thence ~.or ;h~rly_alg~g.s~ld line between-the la~d now'being described a~d said PtRce or P~ ? '.~!_ ~m C~dar Greek' thence~westerl and thence ·sected by the div ~nd thence s{~ same is inte ~ce or Parcel I now be~ South thlrt 15' W.) along yen one hundre~ said ~g said one hundredths minute forty ,r ~aroel ] minutes one lng, this South twentl West ( said highway f hundredthe (~SS-Z~/IO0) feet and twen {g described and ~-three degrees aid Piece or Parcel the (36-37/100) fee s West (N.~4~g'W twenty-five feet; thence · seconds-West XI, twenty- feet; thence te~ seconds West el XI. six- feet; thence (S. and eighJ ins de- 89e~6'20" W. 3~t~ed forty-eight thence north N. ?SeaS'W.) thirty-six O} feet (in the is give~ as One dths (187- fifty-five and o the point or t o~ the the Bay ection of the llne of land >rmerly belonging ~o Estate of Ettie C. Fisher, decemsed, ~nd.~ow belongingto E~.~srd C. Ifllls, ~nd running tkence by and with the southerly line of sa~d Bey Vtew Rood the follow- in'courSes and.distances, to wit. South sixty-six degrees 'tw~ minutes thirty seconds East (S. 66~0~'S0~ E.) ~hree hundr~ s~v~ and thirsty-eight one hundredths ?-$8/100) Tee~: Scurf degrees fifty-one minutes fifty seconds-East one hundred fifty-eight and eight one-hundredths i8-8/100) feet; South sixty~four.degrees fifty-five minutes mty seconds East (S..64o55 20" m.) five hundred fo~ty-nine fifty one-hundredths (549~50/100) feet hereinafter described as Piece or Parcel III; thence ~th thirty-two degrees fif~yre'igh~minuSes Wes~ ,(~.' ~2~§8' la d last'mentioned flf~eenhunared twenty-eight and n ~ one hundredths, (1528-94/I00) feet' to the said Piece or Parcel III: thence .South ~ift land last Is (29S-?~ gh water mark of ~ ~e%on ds -'~fe~ and airier ~dred twen hu~d~ed enty-four and ei n~ a] f¢ E. poln~ on the a ~eauzng through Bay Vlew~ adJoil net of land hereinabove deec: and running thenceby land degrees fifty-eight ~ dred and. twenty-eight and ~8-94/100) feet; te minutes forty seconds g ,ag land las: mentibned~two hundred net 'envy-one one hdndredths (29S-?I/100) feet sore described as Piece or Parcel I; thence North e degrees no minutes twenty seconds Eas~ (N. ~4o00~0# three hundred a~d eighty-three and fifty-one hundredths feet; thence Nort~ thlr ?our degrees twenty- ~n~tes EaSt (N~ ~4o25,E.) and six and ~seven one hundredths £e~-thence South fifty seconds East (s, {=~ ~. ..... and ~f! 'ty-tw and ninety one- ~=~u~zuu; feet; ~ nee N ~th ~thirty-four ~eminu~es fl~y a~eondSEas~ (N. S4~OS S~E ~ ~ ~ SiXt~ a~d s~tyA~hr~~ ~n~ ~,,~ ' ~ ~).feet, thence No: th sixty-s~x degrees seven n eecondS~WeSt (N. 66e07~10~, $.) fourteen and . [all of said:last' 0r Parcel I) : ;erly al0nE S~t~ 1 ~0 th'e point or f S'lde: ~F. ~et~on of ~he west seven tenth~ ~s~" thlr ie~ e~ ~et~t0 a str~ ~ along said the~ce st'ill mees n~ne running thlPt~three/ ::fl~ehundred g the ed r of beginning. es tenths (702.9) EXCEPTING, however, that clot or parcel of land. con- To Elsie Galloway, whic4 is designated es Plot #15 man entitled: 4'Nan No. I of Part of Property of Edwin Brown a~ Bay Vfew/Scu~hol~, New York, Scale I Inch-lO0 t", made December 192~ by Franklin Fj OvertoniPec0nic~ ssld map having been £11~din SUffolkCount~l~rk's aumber 802. EXCEPTING also those plots or parcels of land convened H. Barnes, and which are designated as l0 on the map last above menttonedl CEPTING ~lso those plots or :els of ~ EX~EPTIN~ also EXCEPTING al~ excepting ] OR PARCEL IV: ~- ( ~lnety-seven one hun~ said Piece along said Piece fy-nine minutes forty seconds · y-~wo and eighty-one one hundredths ~e still along said Pie6e or el ~es thirty-two minutes ten secqnds West ~en and ~wenty-eightone hundredths (16-28/100).~fe~Z;' ~ ; :~ 'U,,~ i ;~ I ~Le~ee~ o~e ~inute £o~ty ~ecoed~ Weet ~eventy-~wo en~~ el~hty one-hundredths (72~ South thirty 30Q01 ' 40 IIW, ) t0/100 ) feet; tt~enee still along said Piece or Pareel-~I~ ~orth fifty-nine y~slX minutes twenty seoonds~ ~e~.~59~6, one h~n~ed ~0r~y,eight and eigh~ , ie~undrsdths /I00}~ ~ee~; ~hence~sttll along ~ald~iece or Parcel ~,~ev~Y~fi~ d~e~s, twen~-t~mee~tnutes West N~ 76~2~'~W~) One hunted eighty-seven a~ twen~y-on~ one hU~e~h~ (187~21/100) fee~-~o the easterly line of ~e~r d as ~he ~ ~nt or place of begin~ng. and ab0u~ elgh~ ~) fee~ wide of Ced~ Beach Rsmd t~en for ~he wha~ ie ~Oalle~ "New ROad' to ,f, at' the~2~, thence to a Yline~ iY line of land line of, Beebe; f eorne~ ofs&id ,:o~ned f?~egt~n sfOedar thereof; the eae~ -hundredths (471.30) fee other land o£ said 1! thence~ Anna L. Beebe: ~ minutes ;BEGI~NING s~ the Southea~terl-, corner nt , · , ~ theregf, at a as Piece or Parcel VIII, and running thence North fifty-six minutes fifty seconds East (N. 8o86, the westerly lice of said Piece or Parcel VIII five forty-seconds East (N.34.48,40,E.) alonE, the.~e of Said Piece or Paroel VIII zwa'.hundred ~ aty-one one hundredths (282-?1/100) feet co t of land formerly owned by Edwin H. i by Ezra Beebo; thence North o~ land 2 ntione% one hundredths (1] feet i formerly of Jesse is; thence No~th ~en seconds West (S. 21057': 424-20 above des ~e ~he North Y sing. o£'land as far'a~ a~ the Southwesterly on the Northerly side of ~sterly line ~cel VII an~ runni~g~he~c~ ~fty seconds East line cf Piec Southold ~ North thir ,s forty seconds East .sterly line of said Piece two and seventy one on~ Southerly line of land formerly owned by the mo dwin , rowa, hut o ned sai _ wit.' Sou~h fif~'nine Cegrees Seventeen m~utes ten seconds Eas,t (S. §9°t7'10~E. ) two hundred fifty-fda? and eig~ty-one one ~un~ed~hs (204-81/100) feet; South fo~Y~-~egrees fOrty,~ix minutes ~en seconds East ($. 41,4~6'10"E.) sixty- five an~ Sixt~=nine/one hundredths-.~65-69/~O) feet~ South fiftY~Six degrees forty'two minutes ~fifty s~cohds East (S, 56"~2'50~m ) tO :theTWesterly'side of t~9 highway known ~ ~ "aCk'Road" to South~id; thence Southerl~along the, NOrtherly si~e 5f :"New ~ad', to Southold t~th9 NOrtherly ~ side of~ ce~ Beach. Road; thence Westerly ~%ong the North- ' J strip Of !and aqout eight fee .srly Side of ce~ Beach ROad ~ad' / ~ ~' ,, ~: ~5~ument ~hich ~S at ~he North' ,9 being deScrtbe~ ~d where the JOlh$ the SOutherly boundary but nOW d~ed by said 54~E; Of land ~erry) ~a~a Edwin ~: ee~ to anothei' i mi Y- £e i - eet $0 r of an acre of 1 d Edwin H. Brown ;r~nning alone an o%~ boundary ditch' N~ge08 ~ hundred a stake thence North Lop; !ept 1El ~ARCEL'X: ' ' - at mesn high water mark of Shelter Islan~ Snun$ at $he Southeasterly corner of that piece or parcel of l~nd which has herelnabove been designated Piece or Pardi IV running thence in a Southerly-and So~thw~s~riy ~lrep$1on along the mean hl~h-water~ mark of Shelter ~Island oun~and Peeonie Bay to the mou.~h of acreek~whieh eeDa- rate,inert of-this land from the lend hereinafter~dese~lbed as P~ce or Parcel XI; running-~hen~e along the sinuosities of s~ld Creek generally in a northerl direct ~terly boundary of Piece or Qy along a point or p gether with all i~ nfluen~ waters in other pie by in and Co · premises, ~ltle A~d 1: to be.~he e April in the~ ~ NO. 90 of Suffolk a ct No. 19, b~ '1928 In libe'~ )t No. l, by release 19~8 in liber 1~4, by . 1928 in liber , by release dar 1929 in ltber l~O Lot NO,1 !67, by release dated August 1928 in liber 1305 of conve Lot NO. 98, by release dated Septe~mber B, 192@ in liber 1308 Ofcenve ,d september i liber 130~ 03 eonve !O0, by reieaee d~ted 8eotembe 1928~th liber 1309 of c~nv ~le~ date~ January vey ~iease dated in !lber !&l~ of release dated March of : 1928, recorded es, page 532; . 19~, recorded page 106; 1928, recorded la~e 109; 25; 1928, record~ page78; ~,:1929, recorded page 283; !929, '20, 1929 in 26, page 1931~ recorded , page ll?; · re~Ordea o~ s, pa~e 576i 9§ and 125 set fort~ ~o Harry  TO AND TO HOLD the premises herein granted unto the part~ of the second part, receive the fund to he a same first to of the llrst part, in compliance with Section 13 of the Lien Law, covenants, that it will for the purpose of paying the cost of the improvement and that it will apply the affixed WHEREOIi', the party of the first part has caused' its corpora~;e seal to he hereunto ~ P igned by its dul~ au hot zed officer the day_ and year first-a6ove written. STATE-~)F COUNTY OP On the before me mm and say that that he is thi YoRK ) ....... : · O.u}'u'° ~~'''I s.~.:, , . r-~:, . ,day of~ ,~e thousand nine hundred ;nd foamy-six ' ' UAX.OE BROil ~ to'me ~ · ~ ~ Summit, N..J. ; · reasu~ep oIESTATE OF EDWIN H. R CORDED l '- - TH~S INDENTURE, made the l~thI da~f July, nine- teen hundred fbrty-nlne, between ~ABANTt~ TRUST COMPAN~ OF ~ YORK, a New york Corporation with itl principal office at 140 Broadway, New York, Nex,~ York, as ~xecutor of the last will ~d test~ent-0f_~eline R. Bro~$ Sate of 1 B~levard; St. ~b~s~ Queens C~nty, Ne~ York, deceased; ~ty of the first p~t ~d HOW~ A. ~, INC., a New-' York Co~oration with its principal office at Perkins ~lld- ~ng, ~verhe~, .Long Island, New York, p~rty of the secon~ MITNESSETN, that the party of ~he first part'by virtue of the power and authority to it given in and by said ~tA~e~, ~t~ ~y the p~ty. off the ~t ~ ~elease u~to the ~ty lots ~huildings and im- provements thereon, in Bay View, in the,Town cf Sc~thold, ~ Oounty of ~uffolk, State of New York, w~ich are bounded and described as follows: ~sd s~ thenoe dredths ! i no GINninG at a atone monument set in the sOUtherly line 1of thY~lghway leading from Bay view to the Village of $outhh$1d, where the came is inte ~ne o~ the highway kno~m a~ m~s~cte~ by the easSe~ly ~_'~'6y~ 7" lO" ~.) a~ ~2Y'Y~ m~nutes ~en seuonds ~ ~J~ ~ce or Parcel lis four ~u~ ~ ?~ still alon ~w~e cee hundred$~ [46~ ~ ~'~ s~x~y-four and sixty ~ty ~gur degrees etmh~ ~.~eet; thence ]~orth a_ ~5~ ~.) still alo~ said ~ .... Y- oo~ds ~est .(N. 64~ ~ ~O~y-two and nlnety_one'~.~.~.~ar~?~_~I _fiVe huns. 2c~$e~s twentygfive mlnute~ kUi"~ ~mm uouth tht~y_ ~ ~"~ i-.l eiEht hund~ -~ ~ ~-~.no seconds Uest ~un~red~hs ~806L47/100) ~ ~A ~a for~y-seven.one[ .... . 11 alo~ said Piece o~ Pa~A-~ ..~st (~. 3~" 00~ 20" -~- ~-~, and land herei~fte~ as Piece or Parcel ~, seven h ;~three one hundredt~ (w.'..~d ninety-one' ~ ~ rest, thence South es twenty-one minutes ~went seco ee~, ~hence South sevent~.~ ~ne,hundredths seconds ~st (S. ~ ~c~-~apgrees sXxteen .ine of sa[d.~,, +[-~. '~ m.~ still alon~ minutes fifty ~c~d?~'?~n°~ South eight~ ;he hl~ Wate~ .'Z =_-asu t~. ~0· 16~ ~0' 72e ~- ==vunueen minutes Still ~on~ the h~h en and fift~Lfive one hun- ~u h eIghtyLthree degrees ,1 alonm ~ , o. he high water one hundred ~62~ feet; thence xnutes ten seconds said and +-- ~gh Wa~er ll -2. '1 North nineteen degrees three minutes ~oH seconds West (N.19° 3~ lO" W.) along said Piece or Parcel ~ two_hundred fffty-~ Six and thirteen cne-hundredths.(256L13~lO0) feet, thence North sixtyinine degrees thlrtyithree minutes ten seconds East (N. 69°33'10"E.) still along saidiPiece or Parcel. X I, one hundred-twentyione and eighty-eightlone.hundredths(121k 88/100) feet to a small ereeE, leading ~nto Cedar Creek; thence Northerly along eal~ small tree, itc where the same · westerly direction along said division }~ine to Cedar Creek; thence again. Northerly, thence Easterl¥$ thence again North- erly and thence again ~esterly,.along sdtd Oedar Oreek, to whePe the same is intersected by the d~lolon line. between · Piece Or Parcel I now being described K~d ~aid Piece or Parsel X~; thenee South thirty-three de~reee £1fteen minu~es West' (S. ~°15~ W.) along sai~ Piece ortParoel ii, ~lrtyL six and thirty-sev~n one hundredths (~6~?/100) feet, thenoe North thirty-four.degrees nine minutes ~est (N. ~4e9' still alongsaid Piece or Parcel XX .Gad hundred twentyLftve and seventyLnine thenss North eixtyedegrees thirty-nine minute (N.60~$0 W~) Still.along said two and one-hundredths stil~ along o~ Pa~oei teen and twenty-eight one hundredths South thirty degrees one minute forty g y L lin r th~.? LB0/100) thence fifty-nine degrees t~entyLstx minute~ t IN. 59~26'20"L~.) still along said Pice hundred forty' eight and eight caeghund~ feet; theAce ~o~th ~venty-five &egreeB West (N. ?J?23~W~,) sttllalong~satd 'Pie hundred thlrt~SSix and seventy'three on ~3/100}feet (in the'Survey made by C~ ~[tstance is given as0ne humiredand el one hundredths (187.22/100}~ feet to the line highway known as the Ced~ Neaoh $ 'one degrees thirty~t~o minutel fir ' 32~0# W.) altng the easterly line '.four hundred fifty-five and ~hirty-nlne feet to th~ point or place of beginning, PIEOE OR PAROEL'II [ ~ -- BE~INNIN~ at a point on the line bf tbs Bay View Road at the intersection of the e&g~rly .line of lan~ formerly belongin~ to the Estate of Ett~e O. and now belonging to Edward C. Mills, and thence and with the southerly line of two minutes thirty seconds East three ~S/lO0) feet; South s: es fifty : secondsEast fifty-&lght and', ~ight oneL~un, feet; South sltty-fodr- Ee~rees fifty-five twenty seconds East (S.6$e55520a · ~ five hundred forty-nine and fifty o~e-hundredths._ -3- hundredt~ eaid Pie~ along la~ four deg3 last menl hundredtf Peoonio Peconlc North se~ ?l~OllhO~ htmdredt~ ts2 one&, degrees W.) four Edward0 hUndred. feet; hundmedtJ fifteenl fifty h~ndredt] twenty:s~ twenty two degr~ FIEf'YE {3]{ four deg2 $.) three forty-se~ eixty-fou 64o08'~0m hundredth O) feet to ~he ~/este ne of land hereinafter, ae Piece or Parcel III, thence South thirty-two '~fty-eight minutes West (~. 32~58m U.) by land ,)fifteen hundred twenty-eight and nicety-four on~ ~ (1528-94/100) feet ~o the Southweat co,er of ~e o~ Parcel ~II; thence ) minu~e~ forty seconds ~st (~. 55~59m40~ ~ last mentioned two hundred ninety&three and ~e one-h~dredt~ {29~-71~100) fee~ to land herein~ srlbed a~ Piece or Parcel I; thence South thirty- ecs ~enty seconds Nest (S. ~00'20mm N.) by [cried four h~ed eigh~ ~d ~enty-three o~e (~8-2~/[00)fee$ to o~ry high wa=er ~rk of ay; thence alo~ ordina~ high water ~rk off said ty the followi~ courses and distances, $o ~nty-one degrees one ~nute fo~y seconds ~qet ~,) cae hundred forty,two ~d ninetyLthree one- [l~J93/100) feet; ~orth eixty2eix degreee'fifty- ,a West (N. 66~52m ~.) 6ne ~undred twenty-~o and mdredthe (122~10/i00) feet, North el ftyLeeven ~hu~e~ fifty seconds Ueat ~d~d thirteen and 0) feet to the easterly line of said ~nd of N[lle, ~ence alo~ l~ last mentioned t, ts. ~ a and distances, to ~t) North ~nutee t~y-aeconde ~et (N. ~5e16~30a .E.) four ~enty-five a~ fif~y-oneLh~dredthe (~5-50/100) ~h t~y-four degrees eighteen m~utea fifty j ~) i 1 ~g$ (N. ~4e18'50a E,) fo~dred and aeve~ (~0-7~00) feet; North thi~y-five degrees ' ~nutee East (N. ~15~E.) five h~dred e~venty-two y-fou~ one hundredt~ (~72-~0) Feet, North degree~ fifteen ~nutes fifty seconds ~eet (N.; ~ ~l~ ~d~d ~e~enty-fou~ and eighty-one. ~60/100] feet, North ~enty-seven degree~ ~nutee fo~y second8 ~et (N. 27o~6m~a E.) ninety h~dthe (20LSO/100) feet; No~h. thi~ .- ; fiftyLf[ve minutes.forty eecond; East (N. five h~dred fo~y LeIX ~d ten neLh~d~edth; O) feet to the point ~d p~ce of beEi~ing. ~ ~CEL III: at a poln~ on'the ~outherly side of lea~ng t~u~ ~y View,. adjoining the de~orlbed as Piece o~ Pa~oel ~nutes Wes~ (S. 3a W.) fifteen ight ~d nine~y-f~= one h~d~edthe '. feet; thence South fifty-five degrees fif~yh es forty second~ ~st (S. 55~59~~ E.) still ~ last men~ioned two hundred ~d nintty three and one h~dred~h~ [~9~1/100) feet to ~nd 'he~eL as Piece ~ Parcel I; ~henoe North thi~y- ~es no minutes twenty seconds East (N. ~4~00~20s hu~red and el~t~-three and f~fty-one h~d~edths 0) feet; ~hence No,th thirty-four degr$~s twenty- es East (N. ]4'25~ E.) ei~h~ hundred and six and n one h~dred~ (806-~7/100) feet; thence South degrees etgh~ minutes fifty ascends ~82 E.) five hundred and forty-~wo and ninety one- (5~2-90/100) feet; thence North ~hirty-fou~ ~eg~eee five m~nutes f~fty seconds East Sour.hundred sixt~-four and sixty-three ~6~-63/100) ~ee~; thence North minutes ten seconds Wes~ (N. 66~07tl0 nlne~y one-hundredths (15-90/100) feet five co~ses and distances being ~1o~ Ptec to ~he Main ~outh Road aforesaid; and the Southerly slde of sal~ Main Sou~h Read place of beginning. ~TING, h~ever, f~m said Pieces and ~II t~t':Piece or parcel of ~nd and sold by the s~d ~win H. Br~n to beginning at the no~hea~erly corner locat~ on the southerly side of the opposite t~e co.er fo~ed by the inter no~h~rlY side ~ the ~ln Bay side of the Ce~r Beach Road; twentyLone degrees fifty-one minutes ei I~; 21egl~0~~ ~) one hundred two degrees ,siXteen ~nutes ~hence seven and aid last or Parcel I) Westerly along the point or Parcels I, II ' at a stake , View Road tO nine r.tWa seconds West hundred fourteen 4nd'seven-tenths land re~erved by the ~eller from made at some future 'time a t~ls, the ~ller~s- ~i~' thlnoe (f~m prince road ~our ~econds even-tenths still 4long said private road degrees fifteen 'minutes. East I twentyLf~t1~e/a~d nine~tenths (~25 ~ side of the Main Bay View Road; rmmnxng (S.'6~o31z E.) seven hundro feet to the poin~ or place of beginn~ng. . EXOEPTING, .~ veyed to Elsie wht~ on ~p en~itle~: 'of Pa~ feeta~ ~de December by ~N.Y.; said ~p ~vl~ been filed Office on Jan. 2~h, 1926 -5- land eonL. ,, bt Ed~l.n - · I Inch 100,. · Peoonio, ~TIN~ als~ those plo~s~6~"pa~sel§~of !anOn c~'~v~yed ~o H. Barnes, and ~*hlch are designated as plots 9 and 10 map last above mentioned. plots or parcels of land ccnve2ed Eratovllle, an~ ~hich aredesignatea as plots the map last above mentioned. ~TIN~ also ~nose plots or parcels of land conveyed H. and Hu!da Fauth, ~,hich are ~esl~na~ed as plots ~he map last above men~ioned. IpTIN~ also that plot or parcel cf-~and conveyed ~oe ~latt, which is designated as Plot B on the ~bove mentioned. ~T~NG also those plots or parcels of lan~.desig- said map as plots or parcels !, 2, 3 and ~, the 'reserved by the parties of the first part,'and ting plot E of said map which ia the subject of r~gage. NN~N~ at a point on the easterly line of Cedar ~, where the same is lnterseeted by~he northerly ~e 'land hereimabove described as Piece or Parcel I, .~thenoe Northerly along the Easterly side of .eh Road to a corner thereof; thence easterly .~rl¥ side of gedar ~each Road to the Beach of ~lan~ Sound, which la sometimes referred ,to as thence Southerly alon~ said Beach roland Icribe~ as Piece or Parcel X; thence Westerly Piece or Parcel X to the Northwest corner-there~ alon~ said Piece or Parcel X to thence along said Oreck as it winds and turns. ~esterly and Southerl¥~thereby .to said Pie( or Parcel I; thence a!on~ said Piece or Parcel I thirty-nine minutes West one hundredths s. map the course ~s as' South thir~y-three minutes West { one hundre~((i l Piese or Pareel I ;es West (N. 35e09s W.),one hundred one-hundredths %125h79/100) feet; thense still a said Piece or Parcel and eighty-one one-hundredths thence along said Piece or Parcel I North degree~ minutes ten seconds West s£x~een one-hundredths I16-2~ thence said Piece o~ Parcel I, ~outh forty seconds West (S. 30o01s~0" W.) and eighty one-hundredths (?2-80/lO0).feet~. ~11 along said Piece or Parcel I Nor=h fifty-ni~e ~e~ree~ ~wentyhsix minutes twenty seconds West (N. ~0- W.~ one hundred fo~y-eight and sight one-hundredths (148hS/l~Q) feet, thence still alon~ said Piece orPareel I North ~eventy-five degrees twenty-three minutes West ( · 75 23} W.) one hundred eighty-seven and t~enty-one one hundredt~ (1§?-21/100) feet to the eas~rly line of Beach Ro~ at the point or place of beginning. ~ and 6- EX~ to Edwa~ ? and 8 EX~ to glare', ~ap last n~ted on PIEOE 0~. Beach line of' ~he Sou~l ~hel~er along 'Beach EXOEPTiNG a strip of land aboutI~ight (8) feet wide along the southerly side of Cedar BeAbh Road taken for. the ~.~hereof, ae far as what i~ ~lle~'.,New Road" t'o BEGINNING at the Southeasterly intersection of the Northerly side the westerly side of Cedar Beach Roa~ Northerly along the westerly side of{ ~urn of said Road; thence Easterly al of ~edarBeach Road to land herelnaft or Parcel VII, thence Northerly by th Piece crParcel VII to land aow or f thence Westerly along the Southerly Jesse Terry te the Easterly line of thence Southerly by the Easterly lin~ owned by Henry Beebo (and comprising dessrib~d as Piece or Parcel IX) to thereof, thence Westerly by the Nenry Beebe land to land of WilliamA~ byAnna L. Beebo; thence Southerly, p said William Akscin and partly by lan. as Piece or Parcel VI to the northerl' View Road; thence Ea-'- - ~ View' Road to the ~o-~:=~I-y ~ong the~., EXCEPTING therefrom a strip of taken alo~ the westerly side of Ceda~ widenin~ of that road. and a strip ab$, 'thenortherly side of that read.for th, rner thereof, at the Bay View Road and and running thence ~edar Beach Read to a )n~ the Northerly side ~r described ae Piece Westerly line of · merly of Jesse Terry; ~e of land cf said ~d cf Nenry Beebo; of land formerly he land hereinafter e Southeast corner rly line of said rtly along land of hereinafter described side of said Bay ~x~he~ly Side o~ 'Bay Znning. BeaOh Road for the' feet wide along widenlngthereof. BEGINNING o~ the Northerly side $~ Ea View ' ~he same is intersected b~ the ......... [ Read, where Wtl!iamAkscin. and r~nnin~ then~3~ ~xne. af land of-~ erly side of BaY' View'R-~ + ~.~a~ir£y along the Northl northerlyalon~'the .a.~T~_l° ca}~ ~%~ee or Parcel[V~.,the~ of UilliamAk~ .... ~ ~ ~=s~ men~xone9 landto Said'land thence ale .... $~ ~A? ~ formerly ~ned by Anr~. L. b A illiamAksc~n, formerl y rma L. Beebe Nor ,. . y wned- +~e andlthirty_one_hundredthe (~71.m01~..~.._ seventy_ to Bay View P~ad. '~ -~- ~=n~ ox saxu Wllliam Aksci~ PIEOE OR PARCEL VIi:~ I ' ' : : ..B Im NG at the So,theasteri eo; e - ' eight degrees' fift~-six Z, iiZT' ~9~runping thence North : 50' E.) by the we~ .... ~"~ :~Y ascends East (N. ~ivehundred seventy-n*., o~ · . ~ or Parcel VIII (579-97/100) fee~ t~ a'~a~ ~y-~c?~ one-hundredths. greet forty-five minute~ f--A. _~oe~mo_r~n t~l~y-feur de- along the westerly line°of~[~nos ;,a? tN. ~un~red s~xty-two and seventy:ongZg~ ~n~ar~,lV~,~_$wo ~ee~ to the Southerly line of lan~ f~- ~ ~e~ns ~e~-71/100] n. Brown and previously ow.o~ h~ =.__~-~r~y OWne~ by Edwin along the Southerly line of land last reths feet to a stake in adjoining land of Jesse Terry, and now o~inedby JohnS. Jenkins; thence rth fifty, seven degrees twenty-one minutes ten 57°21110s U.) by the'Southerly line of one es fifty-seven minutes ten seconds ~7est (S. 21o%7' 10# the Easterly line of said Piece feet to Northerly side of Cedar Beach Road; thence along the Nor srly side of said Cedar Beach Road eigh~ five minutes no seconds East twenty-four and twen Bouth eeven~y-eif seconds (S. ?Bell'~O" E.] alon~ feet to place of beginning. EXO~,PTING a strip of land about eight feet wide along the Southerly side of 0oder Beach Road taken for the widenL lng the~9o~ as' far as what is called anew Road# to 5outhold. ~IECE O~PAROELVIII:-It ~h~ZNG at the Bouthwesterly comer thereof, at ~ point o~lthe Northerly side of Cedar Beach Road ad oinin the Eal ferly ~ine of land hereinabo?e described asJPiensgor Parcel ~ £, and running thence North eight degrees fifty- six min~ ~s fifty seconds.East [~. 8e%6'~0'' E~) by the[ easterl~ ~Ine of Piece or Parcel V~, five hundred seventy- -nine and ~lnety-seven one hundredths (~?~-97/100~ feet to a et~Ee; ~henoe North thirty-four degrees forty-five minutes forty ~e )nds East (N. 35e$~150s E.) still along li~e of ~i~ Piece or Parsel VX~ two hundred sixty-two and seventy ~ne one-hundredths (26~-?1/100) feet to the line of ~and formerly ~ned b~ the mortgagee~ said Edwin H. Brown, t~t now owned by said John5.'Jenkins, thence along the'~out ~erly line of said land of John'S. Jenkins. the degrees minutes ten secondsEast iS. ~gel?~l~e E.) ,ghty-one one hundreclths 81/100) South degrees fo~y-eix minutes ten sixty-five and sixty-nine ~100) feet; South fifty-six degrees forty- es, fifty seconds East. (S. ~6e,~2~0s E.) to the Southold to the Northerly side of'Cedar BeaohRoad, thence westerl~ along ~he Northerly side of Cedar Beach. Road to point az place of beginning. EXC ~TING, however, a strip of land about eight feet wide ta~ ~n along the northerly side of Cedar Beach Road -8- / PIECE OR PARCEL IX: w~t corner of the land now being descril Uesterly boundary thereof Jolns the ~outH~rly boun~ of land formerly of Jesse Terry, ~t n~*~ned by Jo~ 8. Je~ns; ~ing thence South fo~y-s~ ~egree8 fifty-four minutes East (S. ~6e~; E.) t~ hun~re~ forty and ~tx-tenths (2~.6) feet to-another cemen~ mon~ent ' also In the Southerly boundary of lan~ o~sa[d (Ter~) Jet,ns;. ~n~ng thence alo~ that land d~ the a~d E~win H. Br~n, w~ch is herein ~eslgnate~ Pie~ o~ Parcel V~, 5ou~h nineteen degrees twenty-t~ee minut&s ~est .two h~dre~ .twenty'~lght and five-tenths~228.~) feet to 'a ce~r stye; ~ing thence ;o~h fort~eight degrees fifty minutes West .(N. ~%0t ~.) two hundred forty'one an~ seven-tent~ (2~1.7) feet to ~other lSe~r stake; ~lng thence South twentyL~o degrees t~rty Uea~ (S. 22~30' ~.) one hu~re~ 'seven ~d e~g~$-tenC~ feet to another stake, ~nning thence Sod~h two d~grees t~rty-seven ~nutes,~est (S. 2~37v~.) t~ hundre~ nine and t~L~enths (22~.2) feet to a Lo~st stye; thence South twelve degrees fifty-se~en ~inut~s (S.12e~TVE.) three h~dred eight an~ ~o- ;enths (30~. feet Co a ~ocust StYe; ~nni~ thence grees ~enty-three minutes ~es~ (S. 1~ ~ five-tenths (~2.~) feet to am o1~ thence In a westerly ~rection ~ong fo~lng the ~be~een the ~nd of the said ~win H. Bro~, tenths (260.7) feet; ~n~n~ thence North degrees eighC,~nutea East (N. 23e08t one hund~ an~ threeLtent~ ~100.~)' f. eet to a stye nee Nor~./. ~enty-one.degreee ten m~nutes ~red 8~y-t~ee and fo~-tenths (363. ~nnXng thence No~h ;y-two minutes ~st (~. 22030f ES) (~7~) feet to thg about one and one acre of tion oonveye~ by said Edwin H. B~ and s ~fe tc ~. Jeans. PIEOE OR P~0~ ~: - ~GI~NG a~.me~ h~h water ~r~ of~ Sound aS the ~outheasterly corner of t~ of -l~w~h~ei~b~e be Parcel IF; ~l~ thence in a ~rection ~o~ the mean high water ~rk ~ Sound and Peeonie ~y tO~ the mo~th Of ~ ~tes ~.of this ~nd from the ~nd as Piece or Parcel ~; ~i~ thence einuosities of said Creek gene~lly in a an Eas~er~ boun~ of Piece easterly alone a Southerly boun~ of Piece IV ~o the point o~ place of begi~. Together ~h alt islands lm s~d a~ all confluent waters, except those ~icH are in- eluded in other pieces Or ~roels of ~nd scribed. ~d together wi~h all of the able dese~bed t~o$ or ~roel of land a~ said island. PIECE OR said Creek Westerly Parcel ToEeth conveyed if any, front of all right, and to Bay and Shel all BEING above made on the: and his EXCEp~ properSy which rele~ upon # Subd] Scut hold# of Suffolk instrument E the Oounty Lot Nc on JanuarT Lot Nc L.ot Nc Lot on Pebrua~ Lot on August 2 Lot Nc on Sept esl Lot Nc corded on pace 109; Lot COrded on page .78; Lot corded on page 283; XI: Northerly by Cedar Beach Oreek, Easterly by Creek Channel; Southerly by Peconic Bay and She land nereinabove described as Piece or with the premises above desaribed are sold and right, title and interest of the mor~gagor, To Bay View Road and Cedar Beach Road in oremises, and To the center line thereof, and and in~eree~ of.the mortgagor, if any, in' front of said premises under wa%er in Peeonie Island Sound, and all creeks and lagoons and rights, if any, of the mortgagor. ~*ith the exception of Plot E herein- to be the same premises described in deed first day of April 1956 by said Edwin H. Brown ~G, HOWEVER, ~so much of the above described · as released from the lien of said mortgage,. ~d property is referred to by lot numbers shown ~slon Map, Cedar BeaehPark, situate at Bayview, ~ filed in the office of the Clerk of the County. s Map No. 90, dated December 19, 1927, under . i ~ated and recorded in the office of the 01erk~0f Suffolk as follows~ 19, by release dated April'21, 1927, re~orded' ,'1928 in liber 1325 of conveyances, page 286;' 1, by release daSed April 22, 1927, recordedl , 1928 in libor 1325 of conveyances, page 288, :~ 174, by release dated April 21, 1927, recorded , 1928 in llber 1325 of conveyances, page. 290," 5 , by release dated January 25, 1928, recorded ~,'1929 in liber 1330. of conveyances, page 193; 167, by release da~ed August 13, 1928, resorde~ 1928 in llber 1306 of conveyances, page 532;~ 98, by release dated September 5, 1928, .recorded 8, 1928 in liber 1308 of conveyances, page 106; 99, by release dated September 5, 1928, re- - )tember 8, 1928 in liber 1308 of conveyances, 100, by release dated September 25, 1928, re- ~ober 8, 1928 in liber 1369 of conveyances, 114, b~ release dated January 11, 1929, re. nuary 1~, 1929'1n liberl309 of conveyances, -10- 26 Lo~s NOs. 6, 7 and 8 by release date recorded on April 5, 1929, in libor 1416 page 320; Lot No. 92 and the easterly half of lease dated November 9, 1929, recorded cz in libor 1379 of conveyances, page 161; Lot Nos. 89'and 90, by release date[ recorded on April 3, 1931 in !i'oer 1567 pa~e 108; Lot No, 12~, by release dated March on April 3~ 1931 in !iber 1567 of conve Lot Nc. ll6,-by release dated May on June $, 1931, Zn liber 1581 of coav~ , ,~ Lot No. 121, by release dated Octob~ corded on October 15, 1931, in libor 160! p~e 5?6; Lot No. 113, by release dated May on July 21, 1932 in libor 1661 of The westerly one-half of Lot 93, and that portion of the above described ] in a deed from Estate of Edwin H. Brown, Rynd dated and recorded in March 19~O. together with the appurtenances and all of the party of the first part in and te TO HAVE AND TO HOLD the unto the party of the second part, its forever. Being the premises conveyed to deed recorded in the Suffolk County 2607, page 01. 1~henever in this deed the word it refers to J. P. Muller Realty "mortgage" refers to the mortgage made Realty 0orporation to Adeline R. Brown mortgagee, page Z?8. which mortgage conf: March 26, !929', conveyances, No. 93 by re- 20, 1929 26, 1931, 6, 1931, recorded ces, page 117; 1931, recorded cee, page 359; 13, 1931, re- of conveyances, 1932, recorded ecs, page 558. 9~, 9~ and ]25 rty Set fo~a~h to Harry E' ce herei~ granted ceesore and assigns R. Brown by Office' in Libor J. P. Muller ~anley Brown and in Liber 820 of - 11 - mortgage Mcr tga~es upon the said by deed rec Olo (a) any (c) restr of record; or Federal parts there, any part or the date 27 ~Orded l~ sald'C!erk,~ O~ice in Llber 583 of ~age 186. and which mortgages constituted a lien described premises, were duly foreclosed and conveyed to Estate of Edwin H. Brown, !nc. by in said Clerk's Office in Llber 1754 of con- and thereafter conveyed ~o Adellne R. Brown ~ded in said Cleric's Office in Liber 2607, page above described premises are sold subject to of facts which an accurate, survey will chow; or rights of ~.~ay affecting any of the premicec;i ~ covenants of record; '(d) zoning reetrlct~ons any and all violations of Municipal, State horltles affecting the premises or any part or ; (f) assessments affecting the premises or thereof entered, levied or confirmed at of or subsequent Shereto. the party of the first pa~t covenants as FI Lien Law, eideration first for and that the first to the uclnE any Tha~, in compliance with Section 13 of the party of the first part wlll receive the con- this conveyance and ~*lll hold ~hc righ~ to onslderation ac a trust fund to be applied purpose of paying the cost of the lmprovemen~ of the first Dart will apoly thc same of the cos~ of the improvement before of ~he ~otal of the same for any other put- IN ~;ESS ~HEREO?, the party of the firs~ part caused its co Iorate seal to be herelnto affixed and these ,.,~.,~97J ~ ,o.8 p~esent~ ~'~g'~ea ~¥ lt~ auly year first above written. GUARANTY officer the ds_y and COMPANY OF NEW YORK of the Will of R. Brown, Deceased. -13- STATE OF I~ '~' YOBE ) CouNTM OF ~U YORK ) personally v~ho being resides at that he i~ CO~PAN¥ OF which exe seal of e~ etrument ~ order of that he July ., 1949, before me to we kno~m, ted the foregoing instrument; that,he knows the i corporatio~; that the seal affixed to said in- such corporate seal, that it Was so affixed by ~rew~rC~f, wa~ at the Smc ~ in and for the State RECORD)-'D R. FORD HUGGIES (~LERK OF SUFFOLK (~IUNT IDEI~TURE ~ .t and th d~y of J, lqv. ', p~id by th~ p~rties' o* ~s hereby ~, tr~butee~'end le-er~?~ property~ ALL tho~e certain .loTs. plots, pieces or ',~n Bsy View, ih' the Town DF S{~e of N~"! Yor~, ~':h~ch are bound follows: . , ~rreeted thereof. .0linty Of g'!f~' t descr~h~a '~ J PARCEL 1: BeginnJns at s stake or monument on the. no~therly~st8e oe Psy Vie{~ Road at the So~lthwe.,3te~!y corner of !and ~? b~inF described an~ where said lahd at said Bay View Road~joJns !and notz or fromer!y'o~¥ne~ by r~ning t~ence ~long said Horton l~nd ~nd alon~ land of S~las A.H~ Day{on N, 25° 19' 50" E.. 139~.82 feDt to ~ stake or monument in the southerly side oF the highway known North Roa~g runnln~ thence along the southerly~side of No~ h Rbad S. 7~ 18' 10' E. 816.6g feet t6 a'stake ~br ~on~ent, running t ~esce 'still along the southerly 'side of R0rth Road S.~ 73* 40' 20" E. 607.37 feet to ahother stake~ or m6n~ent;, r~ning t ~ence alonE, a hedKerow and fence and ~10ng land now or fromer Ly owned ~riC. E.-Terry S. 28" 411 "3Q~"~/; ~21.93 . f~et to ~edar ~o~t, runnfng thence still along said Te~y land S. ~ .17' ~0~ E. 112.6 feet to a stake or~mon=~ent~ r~ing tence alo~g a fence along said Terry ~and a~d .along ].gnd fro ~rly owne by ~7illiam %'ells 8~d Dart'-Of the way,a- long an mEe oran S. 31 a' stake of the northerly side of B~y View Road; g said northerly~slde o£ feet to a.stake'or mom~men~,'running'. the northerly side of Bay ~ew.Road N. 18 feet.~o a sta~e or monument; and · ~ along the nor'therly, side.pf"Bay View ,2.39 feet to th~ point or ~lace of be- t"Map of ~ropert~ of GeorgeiR.~idwell, View, To~n of SoUthold, N~York, Sur- Halsey & Var Tuyl, Eng'r~ Beginning S running ~ 18' W. take or monument; rurnin~ thence still side of North Rbad N. ?~" 15~ 40" W. s take or monument;~r%m~ing !thence . elong l~t ~'-~Hs~les E.. Terry N. 1~~ ~O' 30" ~. 532.~6 feet to another stak~ or monument; running thence still alone said Terry lend N. ~3e O1~ 10" W. 329.~5 feet to ~ nother stake or monument; running, th~ee still - along sa~d Terry land N. 19~ 19' 30" EJ ~50;2~"~feet toga stake or mon,lment$ m~in~ thence s~ill ~long ?said Teery lnd N. l?o 34' 30" E. 1084 lest sOUtherly shore of GOOse Ore~ shore of SOOse Creel~ ~nd in feet to a sta~e or Creek; ruo~in~ th therwise ~nown as ~he ence another stake satd.Brund~g~ land S. 22e a stake or mon~ent ~:rectlon K, 7~,' on the southerly eh,. of the still to a stake ~ said Brundage land stake~ saJ , Ha] of 200 ~ ahd u.~tn mj~ ordima the-follow vey made feet to 40' W. 400 N. ~10° 12' Peconic ~ay and D~rt entrance le the o land b 50' ce of P;,~EI, V: ne?Irt, lng at s stake driven" in the ~round snd distsnees 63~ 46t elves th~ de,tees es:66") ~q. 800 "'~. 40C feet to a s~ake. N. 6 e )y's Cree~, 21~ feet ore3 s Creek to said Corey~s Creek; ~ the Es~a~e of: ~entioned ~0~ ~f,way to and from~he~oremises 4ongingtO'the~:Est~te of conveyed and landin~ seaweed on to Daniel Y of the C6unty of Swffol~ in Pa~e 249. will all right~ title and in ~nd to to eaid No~th~Road oont~ d and all ri of the first part in an all of d~ ~ of Suffolk and the office the 2001 of recorded in ~r with or apourzenant mst mentionadcourses side of Bay View~R6ad to 20~ E. alone lands of the ]and of the Reydon CoJ~he then 8.~25~20, ~. 164.90 TSet to the iht or place of heginnin§~ ~ha last all being along the ssld lend ¢ to the survey of V!alleee H. Hslse at Southampton, New York conve~ed to Sally N. Jones by ~ deed dated ~.~ay 2, 1927~-~and aonve~ed Estate of Edwin H. Brown In~f.~ ~nd da~ 5, 1938 and recorded in of y of Suffolk in Liber, and to Adeline R ~nd 2606, bui!dirgs a~d improvements erected ALL that piece or parc, thold~ Courty and described as BEGINNING at a point the e~aterlv line thence N. ~ feet %o other of land situate~ and State of' llo%~s: the intersecT] or fromerly of Reydon Company~ lands now' or to shores 0f shores Of lando of mons- of t PAR;EL : ALL thc+ ';r~c~ or parcel of ]and at ~ay Vier:, edacd flascrfbed as fo!lo¥~s~-_ Fortherl~ by ~he Bay Vie,,, s~ ~ d~stanee cf Twb-hundred and thir{~-seven ~ .moPe or less; Esst.e~!y partlyby land formerly (23Edwin Brown and partly by a meadow ditch;!Southerly Corey's 'eek, an arm of Pecon~e Bay, for a dia{a~ceI -' , Hundred ~nd fifty (5~0) feet on s~id Corey's the seme premises conveyed b~ Sarah Ann 1926 an~ recorded in SuffOlk in iber 11731 of deeds, pa~e ~ .Together with all the right~ ti above mentioned and of~ 'in anb~t the 6remises herein~bove de'er in and to land lying in the st of :and adj, ining said premises to the centre ] :PARCEL; [: ALL that bract or oarcel of Otc n Southold ~ the Town Of Southol State ~6rk~ hounded BEGIN~!ING at a point marked by s W. a distance H. Brown to a ooint b~ a aEN. 12°57~ W. 308~2 feet a locus~ ~ence N. 37' E, a dis1 30' E. a' diat~ 'runnin~ thence S. 48~ [.? feet the Doint o~ buildings and improvements thereo~, s&tuated ~ formerly'known es Great ~og Neck i~'th~:Town , County :of Suffolk and St~e o~ New4Yo~, and .~ Bo~mded north or nor. theasterly by Goose Creek ~t_t~.~or water dr~ in, east or e~ater3> Iand o.. the e~tate.of James R. Horton~ deceased; [therly by a highway, end wes.t or'westerly by and late f Nathan T. Halleck, deceased, ¢ontainin§ by five acres.be the same more or less. · . PARCEL ALL that plot OF parcel of land situate~ ~=~ing in ~eydon (Bay View) near ~e ~lllage of ~outhold ar in the' Town of Southold, County of Suffolk and {tats of York~ bounded and described as follows:- BEGINNING ~t tbs northeasterl ormerlv as Brundase land and acquired b~ S. Jen~ by dee the 31st da,, of July 1925 and recorded the off~ ~-e of the ~lerl: OF the gount~, of ~_lffolk on the -~av of June~ 1926 iE !i~ber 1190 of deeds, page ~ ce along th.. es. terly side of said Brundage land land extends to the westerly the bridge aeross Goose .... he h thence S. 76° sing Said Btu pton, N..Y.~ between said ~ of the Highway laadJn ing thence along sterly to the point or according to a d by ~?allace H, ~tended to convey all !sn~ and said Highway. TOGETHER with al the right, ~!~est of the party 6£ the first ~ title and ~ Dart in snd to said hi~ t~P~et~e~ve described Premises as far ,s the TOGETHER with t buildings and erected upon or appurtenant theP PARCEL!x~V: ALL tha~ certain bein parcel of ~n~ ~h P~ and the County TOGETHER with ri~ to use in front of s For all prope~stree~ purposes ~nd.th~nle~ Bay. tract of page 156,, ~ Tog~th said oremi~ses and a ~ of the t · ghts-of-way to and ~r ~ of ppurtenan~ XVi~ g~GINNING ac a scone monument Set in the t~ ~;-i~hway leading from Bay Viewto ge of Southold, where the same is intersected by th fly lin~ ~ the highway known as Cedar Beach Rcad~ ~ning thence South 66-7-10-E. along~land~erei~after ~bed as Piece or Parcel XVIII~ l~90~fest$~-thence ' ~-05~50-#. still along sald piece ~r parcel XVIII , fee~, thence North 6~-08-?-W. still along ~id or parcelXVIII 51+2.90 feet, thence.~till along.said or parcel XVIII South 35-25-00-W.1~06~7 fee~; ~outh ~B-O0-20-W~ still along, said~piece or parcel ~nd land hereinazter described as Piec~or parcel to the high water line ~ peconic Bay$ along the high wate~ t~e-of Peconic thence seventy-fourdeg~ees twenty- seconds east 7~8.52 feet; thence ~l~ng of said the.' still along t thence South ~outh Creek~ ~he : feet ?~.23-W. d iven the easterly line of said co the point or place of beginning. of ~he Bay View Road aC the intersection of the line of land ~ormerly belonging to the Estate s; and running thence by and withthe southerly said Bay ¥iew ho~d the follow~ng courses_and, O wit. 66-02-30-E~307.38 feet; S. 6~-%1-~0-E; South 6~-55-20-E. 5~9.~O,f~A'to the westerly. ~'I~I; th-ncc South 32-58-~. by last mentioned 1F23, - z.e~t~ the Southwest' corner of sJ piece or parcel ltV] thence South 5~-59-~0-E. st~ll land last 293o71 feet to land h.re nago? m.ntlon-] parcel XVI; thence South '3~-00 ;~ by land last m~nti~- 408.2] fee~ to ordinary high water ~ark of Pecnnic Bay; thence alon~ ordinary high water m the followi~g'e-ur~es and d~stane~ k ~f s~ld D~conic to wit. North 71-01-, 142.9S feet, No~tQ 66-~2-W. 122.10 NOrth N13.36 feet to th east.~ly land of Edward along land .oned the 32-55-$O-E. 5~6.10 feet 20.90 feet; point and' place c~ PARCEL; of~Iand last ~and last d her~i~ SOld beginu; Side thehC~ a a Map~ entitle lOOfe~t S and whibh'a the map last above e plots or parc*IS of land which ,are des ~aid m~ ve Esntionedl and except~ ~ conveyed te Joseph Eratovil~ cf ! F, Ov.-r t as plctz lots 7 and 8 5 a~d 6 ~±~,r~nc, Pl~tl; whl~h .is designated as-~:nl~%i'B~on[~{~ parcels of.l'an~ designated on ~aid map-a~ plot~ or ~arc~ls 3, and ~ and also exeeptlng plot East on .said map. IX. Beginning at aoeint on the.easterly line of B,ach Road, where the sa~e is lnterSgcted by the line of the land hereinab~P~desd~ib,d'as 'piece .~ , ~n~ running thence.Kortherly/alongthe :e easterly.along the snuthefly.sid~o~ Cedar Beach Road le Beach of Shelter Island 8o~nd whi~'.l's sometimes as Peconie Bay~thenc~ Southerlz~alon§.sald ~ to landherslnafter eescrib d a'~ pi%~ce.or parcel XX'V; corner thereof;..t~ence southerly alongsaid piece XXV to Cedar'Beaen Creek$ thence[.along said as it winds and turns ~ndbn6nded easterly, westerly, ~utherly, thereby tosaid piece or parcel XVI ~ along ~aid piece or nsrcel XVI~ ~0uth~30$ %~'~ feet (dh Dar~In~ s m~=~ th~*dou~%m g .e~-t, 38.97 feet ,hence sill] sIon~said -ieee reel XVI, ~.crth 34°~'09, "est, 1~79 f~e%; Thence .a~n~ s~ld Pi=ce Or. Parcel XVI, ~or~h 86° 3? 0" ~est,'!6.28 feet: *benes piece or pa_c~l XVI, South ~0° Ol~ 4Q""Test 72."80~fe~t ~ ~.~est~ 1A~.O~ feet;.Theaee~tlll~'~/onF1 ~ A~1%~ North 75~ ?3' "~st: 187~21,fe~t ~0 the ~ whs% ~ ~lled "Ney-Road? to~ Southold. Jnte~se~tlo~.of the northerly sl~e~f B~y Vier Road, northerly ~!on~ th~ .t?~n of ~a~d R~d; thence easterly ~'long th~ slne of ~edar ~9seh Read t6 ]~nd~her~'nafter o~ec~ or =steel XX][: ~heneeVnorther~v by the ~ ~ ~ en.~e_scut e~!y by,he ~as~erly line Vie qo~d. .Begeh Ro~d ad~ofn~nq land ~orme ~n~ here!naCrer ~eseribe~ as pi thence North ,~o ~, ~0" East b · said piece o- o~r6e' X~[III ~?o. Piece_ or Pa'eel ~III 262.?1 £e. o'ned by. Ezra 3cabs; thence ~he southerly 51ne of land last 5o a sta~'e lnadjoin'n~ lan~ f~r~ .~a~ DF.the southerly ~fne of.l~ ~rr¥, now o~'~ned by Jo~hn S. Jan easterly line of the land heref: ~rn~e~l X~; thence So~th 21° ashtray ]~ne of -'aid. Piece or .the no~therlyslde of Cedar Bee. u ~est~ 424.20 feet; thane= S still aton~ th~ northerdy e~ ,2.09 feet to the ~oint o~ Place t~e ~outh~rly ~fd~ ~1de~hE thereof a~ ~er ~s ~h~ ~outnold. PIECE OR PAPCEI o ~ q.orper; ;nd thence qe ~ortherly side of C~ fly owned by Sarah E. ~ee or parcel stak~ ~t to the southerly l~n~ H. Brown. and previousl, h 59° 17' mentioned, 11~.79 fee~ er!y of Jesse Terry once No~th 57o.2i' 10" nd formerly owne~ ins~ ~18.6~ fee~.to'th~ above dgscribedles ' 10" w~st along the need, ~heMee along th~ ~th 78e Out 8 feet wide along Road taken fo~the s sailed "~e~ ? ~6' %0" Ess ' ~ or Pareel~ XXII 57~,., .~lY ina o? 45' 40" East s~ to a st~e; thence sa or narcel ~[XII 262 g the ee ertv lin~ 'line of land former ~he sm4therl~, id Ed::tn H. Bro,.h bu southerly line of said following eour~e~ ~nd di .:'East 254,81 feet: South 'azcn¢ the nontherly side or the Northe~!v side ce Ceda~ Bea,~h slos~ the northerly ride of 3oder E~eeptf]n-, ho!T~ver. ~ ~*rf,, , "ide t~ken alo~ kh~ no~*d~2~ ~-~ ~snd abou5 8 fee- e~ee southerly ~each Road to th~ - Of 21° !P' East 30' East ~a7%~' about 1~ of ~ 'IECE ORPARCEL Xk~r: B~ Shelter Is%~n8 So~n~ ~t the ieee or ~ eel~ af,l~nd~whi olece i~ a southerly hi~ W~ter m~rk ~e ~he]~er Bay to!the ~odth o? s c~el. thenet or.Pa] above with a~l ed in other'n~, IEOE OR'PAHCEL~VI:Mounded ~reek;.e~er!y rl~ by Peoonie, Bay and/';este~2~ of the f~rst ?rv, if iD ~ne thereof ~n~ ~yvtmv, . outhold,, and gof No. lq~ by release re~orded in Lot No. 1 in Eiber 1~o~ ' i !o~o. 98 in Libor 13o8 oon~ op mo. 99 ~n Libor 1~o8 ~ =J-noes 0~ No, lo0 in Libor f~i ~o~vaysnc~s Let No. 12¢ in Iibe~ 1567, LOt No.:ll6in Libor t~81~ Lo~ ~o. 121 in Libor Eo~ N0j' l13~{p g~her 1661, "~' Th~ westerly one. half of 12~'and ~h~t'por~ion of ~he forth in ~ deed from ds~ed~snd -S under ~°nveYanoea on Pmge ~40 ' conveyances'on P~36 ~ Ce~eyono~s on Page ~eon~evanoes on ~m~e '~cong~Yanees onp~ge, ll3 on ~age 343 Liberi: s on p,~e 5 2 Liber ,-~, s on Page 030 L~b~r~3oq6; ~°n~y~nees on ~e 8~ · ' ' conveyances 6n na¢~ rded in the office er 1~2~ on ~a~a ?86 ~a~e ~ pa~e 193; on page m pagelo9: ~o bore de~c~,~ce~ 9~1, aonv~*mr.ee* en ~-~e ~ conveynnces on ~Cge P88' ~ conveyances om O[~e conveyances on ps~e 467 EubJect, however,~ to~ (a) ~eny sts~e, 6f fsats .~hleh eeurate ~urvey will ~how; (b) ea?me~t~ ~r .rights affe~t~n~ snv of !h~'o~emis~s,'(c)~e~'+r~c~'ive . of :record; (d) zonin~ r~str~ctions of ~11 violations of ~um~cipal~ State or it!es sffecttns the oremises or any ~srt t~e~eef; (f) s~se~sme~t~ afCectin~ the [remises part dr parts thereof entered, ]erie4 or donf~rmed sreof or sub~eeuer~ thmreto.~ snd ~, +ttle smd interest of ~he] party of ; crested by s~reem~nt with'~ary. L. Dayto~ d October ~6~ 19~9, ~d reeQr~ed in the 2uffolk Co~ty ks office and llber 3004 of eonveysndes~ os~58 rightSprsmisgs.of tz. harry of the first Dart in and to said TO t~AVE &ND TO EOLD the premis-s parties o¢ the second part, and AND the party of the first ~IRST -.That the party of the - aid prv~IseS in fee Simple~ and tbs same, SECOND - That the parties of the econd part shall quiet enjoy the said premises; T~IRD- That the sA~d premises are FOURTH - part Will execute procure any furthe~ necessary assu 'anco of the title to said premises; FIFTH - That the party off,he part w~ll forever :warrant ~he title to said ~remises; ~1ght to ~eceive such as follows: t part is seized of t good right to csnve I of and payment of the ', ~ p~rt of t and State of New ¥or~? s ~ ,County of Suffol~ s , k, On the thirtieth ~ay' zo me "aswa, who, bein befor~ ~,a.y t.hat ~?vsrd A. 'Toe A. To ~orpo~tion~ ani +hat Howard A ~ said ..i~)~hereto by lire orde~ 9eat~ r. he si~ne4 his RECORDED '" ' JO[ 31 1951 Riverhead, Suffolk Co s corpm'~onorga~sedem~dr Benedict Manase~ Southold, Suffolk 'and Four Hund ~dbyt~e P~Xie~! t~e ~ ~[[ those certal! /Southo~d, in the Town described as followss Ail that tra situate at Bayview, Tow Oounty Clerk's Office E easterly ~s southeaster by Cedar Point DriVe, interest of the seller all that tract of land the above described map the northeasterly bound corner of said Lot No. northwesterly shore of shore from the norubea~ ~A. Toedter, Inc., the address of which is ~nty, New York laws mr the State of New York ~d Mary J. Manasek, his wife, both residing at ounty~ New Ygrk ~d Eighty-eight Dollars, law.~al mosey oA~ ~e and ~g~ ~o~. Southold, S~folk Co~ty, New York particularly of land comprised of lots number 53 to 66,' dap entitled "Subdivisiol~Map Ceda~ 2eae~LPark of Southold, New York" filed in the Suffolk :ember 20, 1927 as Map ~o. 90; bounded northerly~ by Lakeside Drive and westerly and southwesterly shown on said map, also all righttitle~and n and to Park Island as shown on'said map~ also omprised of Lots number 76 to 81, inclusive, on and a part of lot No. 75 and a part of Lot No. 7¢; ry being a straight line from the northwesterly southeasterly ~bout 322 feet to a post on the leasant Inlet about 5Cleat southerly along said erly corner of said lot No. 75. Also all rfght~ title and interest portion ex' said Lakeside Drive which lies kE northr~esterly ~ide and lets 74 to 81 oe ~he Lakeside Drlveo CoaCalS/n~ la ghe above aesenlbed parcels de~,rlbed appro,xJ~ately la.4B acre,s. the seller in and no that eemLot~ ~8 to 63 on the outheasterly side of said ~d in said Lakeside D~I~ abo~ ~ tbe ~rst pa:t is seized o! the u~d prem/s~s~t'ee si~s ol g~,e seco~ pa~ s~all ;uietl? eujo~ ~e s~d pre,.;ses; e~.Ollllt~ Of SUr*~OLK [~': - ' ' :~ ' On tae ~ da~ o~ September Or&r of the boar~ ot Direc tots o~ sam ~orp~ d RECORD[ R:'F~A6 HUGHEI Il 7~9 befote me came he ~esldes in 400 East ~2 Stre¢c Toedter, ~h r~l~kn~ a~ Southol~ $~ffol~'Cou~,ty, New ......... 'rg~ (~10~oo) ............... L~ ~.~7, 78 ~d 65 on a cortain ~p entitle. Map of C~AR,B~CH PA~?, co~2oted Sopt~.ber ~., 192u. ol v%co .. e~Dee~r 20; 19~7 as Map No..90. 'UBiDIVI,~ION M,4p CEDAR BEACH ~,l"ru,47-~ AT V f- .J 0 RECEIVED 8OARD OF APPEALS ABS. No. , ~ r,Lr'~,o: 90 ' DEC~O FILED 761 L BAY NOTICE ~ COUNTY OF SUFFOLK (~) [ ~ / I~,.~, SOUTKOLD MAJNTEN~, '~;*D~'~ ?*AL£ O" ~ R~ ~t~ lax Service A~ 17 ~ ~ / ~"' ~ ~'UBIDIVI~ION CEDAR BF"ACH ,~ARK ~AYVI£~tl Tow/v o~' $oomo~o IV~. w YoRz< O [r ABS. No. N 79"30 O0 Z S,C. TAX No. 1000-90-03-15 S.C. TAX No. 1000-90-03-16 LOT ~ 0 ¢, STEps JUNE 12, NOVEMBER 2002 REVISED PROP. 2 STY, ADDITION, ADDED TEST HOLES & ADDED PROP SEPTEMBER ~6, 2002 REVISED SEPTIC SYSTEM AUGUST 7, 2006 FINAL SURVEY OCTOBER 15, 2D09 UPDATE SURVEY JANUARY 28, 2010 ADD PROPOSED RELOCATION OF DEER FENCE TOTAL AREA 33,736 sq. ff. (TO TIE LINE) 0.774 ac, SO fz.-O c..- SURVEY OF PROPERTY SITUA T£ BAYVIEW BOARD OF APPEALS TOWN OF SOUTHOLD ~3)? SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-90-03-15 1000-90-03-16 SCALE 1"=20' MAY 4, 2001 15, 2001 ADDED TOPOGRAPBICAL SURVEY, PROP. ADDITrON & SEPTIC SYS SEPTIC SYSTEM CERTIFIED TO: MARC SOKOL DEIRDRE SOKOL FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK NOTES' SHOWN THUS: LOT~BO~ REFER TO 1. LOT NUMBERS MAP OF CEDAR ~EACH PARKv FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON DECEMBER 20, 1927 AS FILE No. 90 2.THIS PROPERTY iS IN FLOOD ZONE AE (EL. 8). FLOOB iNSURANCE RATE MAP No. 36103C0169 G ZONE AE BASE FLOOD ELEVATIONS DETERMINED 3. S.C.D.H.S. REFERENCE No. RIO 02-0165 N Y,S, Lic, No 50457 Nathan Taft Corw,n III Land Surveyor PHONE (631)727-2090 Fex (631)727-1727 26-38 N 79"30 00 S.C. TAX No. 1000-90-03-16 LOT (7(~ S.C. TAX No. 1000-90-03-15 0 N 79.16,50. SURVEY OF PROPERTY SITUA TN BAYVIE-W TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-90-05-15 1000-90-05-16 SCALE 1"=20' MAY 4-, 2001 NOVEMBER 15, 2001 ADDED TOPOGRAPHICAL SURVEY, PROP ADDITION & JUNE 12, 2002 REVISED PROP. 2 S~(. ADDITION, ADDED TEST BOLES & ADDED PROP. SEPTEMBER 15, 2002 REVISED SEPTIC SYSTEM AUGUST 7, 2008 FINAL SURVEY OCTOBER 15, 2009 UPDATE SURVEY NOV 1 ? 2009 ~aOA~D OF ApPEAL SEPTIC SYS, SEPTIC SYSTEM TOTAL AREA = 33,736 sq. ff. (TO TrE LINE) 0,774 oc, CERTIFIED TO: MARC SOKOL DEIRDRE SOKOL FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK NOTES. 1. LOT NUMBERS SHOWN THUS: £OT~ REFER TO MAP OF CEDAR BEACH PARK~ FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON DECEMBER 20, 1927 AS FILE No. 90 2. THIS PROPERTY IS IN FLOOD ZONE AE (EL. 8). FLOOD INSURANCE RATE MAP No. $6105C0169 O ZONE AE: BASE FLOOD ELEV~fONS DETERMINED 3. S.C.D.H,S. REFERENCE No. R10-02-0~65 UNAUTHORIZED ALTERATION OR ADDJTION TO THIS SURVEy IS A VIOLATION OF Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 26-384/