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'7o PATRICIA A. FINNEGAN TOWN ATTORNEY patricia,finnegan @ town.southold.ny.us KIERAN M. CORCOH~N ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold,ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY [ori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P:O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 To: Members of the Town Board From: Kieran M. Corcoran, Esq., Assistant Town Attorney Date: January 19, 2006 Subject: Wexler, et al. v. ZBA Attached is a copy of a decision by Justice Mullen in Supreme Court, Suffolk County, dismissing the Article 78 proceeding filed by petitioners in the above-referenced action. This matter concerned an application before the ZBA for a waiver of merger. The ZBA denied that application, and petitioners challenged the ZBA's decision. Despite its various criticisms, the waiver of merger law and its application by the ZBA has now been upheld on several occasions by the New York courts. The Town Attorney's office represented the ZBA in successfully opposing this Article 78 petition. Upon entry of the decision, petitioner will have 30 days to file a Notice of Appeal. KMC/Ik Enclosure cc: Members of the Zoning Board of Appeals (w/encl.) Ms. Elizabeth Neville, Town Clerk (w/encl.) Mr. John Cushman, Comptroller (w/encl.) Patricia A. Finnegan, Esq., Town Attorney (w/encl.) SUPREME COURT ~ STATE IAS PART XXVI PRESENT: HON. MICHAEL F. MULLEN, J S C. DONNA WEXLER and GERTRUDE E IGLESIAS, Petitioners, INDEX NO. 24231-05 DATE: JANUARY !2, 2006 PE/[T!ONERS? ATTY~ Wi!li~ ~ Mo~)re, E~q. 51020 Main R6ad' Southold, NY i t97i -against- SOUTHOLD TOWN ZONING BOARD OF APPEALS, RespondenL RESP By: Kieran M. 179 Southotd, NY 11971:0959 , Esq. and This is an Article 78 proceeding in which petitioners, Donna Wexler and Ger[mde E Igiesi.as seek to annul a determination of the respondent Zotfing goat'0 of AiYPe~is 0i'~he To,wn 0f Southoid ("ZBA") dated August 18, 2005, which denied their apl31ica~i~n fo~* a waiver of the merger of two adjoining substandard building 10ts. Petitioners are the co-owners of a i the ~o4h o~Soufh~ld. Petitioner Wexler is the: parcel o:f land (iot two). The properties, purchased in June 2' non- conforming lots, approximately one-half acre WhiCh requires lots to have a minimum of one acre. The lots held both in common beginning in August 2000, thus, a effected, in accordance with the provisions of the Southold Town (see, § 100-25 Southold Town Code) In April 2005, petitioners applied for a pemm to build on lot one. The application was denied on the gronnds that thc t~vo parcels had merged pursuant to § 100-25 of the Towr_ Code. Thereafter, in May 2005. pursuant to 9 100-26, petitioners applied to the respondent ZBA. to have the ZBA recognize the lots as separate properties for zoning purposes, and to waive the merger. section 100-26-A authorizes the ZBA to waive the effects ora merger and to recognize original lot lines upon f'mding that: (a) (b) (c) (d) the waiver will not result in a significant increase in the density Of the neighborhood; the waiver would recognize a lot that is consistent with the size of lots in that netghborhood; the waiver will avoid economic hardship; and the natural details a~d character of the contollrs and slopes of the lot will not be, significantly chang~tl or altered in any mann~r, and there will not be a ~ubstantial filling of land affecting nearby environmental or flood areas. .At the public hearing on July 7, 2005, petitioners' attorney asked the Board to waive the merger,. There Were no additional._.., comments or· reports offered by any0ne on petitioiaei:'s, behalf, !mr was there any scientific or other expe~ testimony sabmitted in support There wa~ howe'ver, significant opposition offered by the i~pplicatits' nelghbors By decision dated August 18, 2005, respondent denied the application. In doing so, the ZBA coricluded that granting the waiver would c~e'ate two oddly shaped substandard iots ~pproximately one-half acre in size, whi,ch wOuld be inconsistent with ~e Size of the lots i~ tilt ~surr0nnding neighborhood. Additionally, the zBA found that p~tlti~ners failed to show the existence of ~conomic hardship, and that the waiver would Contribute to increaSed density in the neighborhood, bringing with it traffic, water and sanitary demarids, and Other adverse environmental effects (R2-4). According to the petitioners, the unimproved lot was purchased with the intention of building a home for Iglesias (Wexler's daughter), i.e., next door to Wexler's home. They contend they:have met th6 statutory requirements, and that the decision denying the waiver is a~bitrary and caPricious. In Matter of Pecoraro v To. wn of Hempstead et al,, 2 NY3d 608, the Court of Appeals again noted what local zoning b~ards are required to do when considering r. equests for area variances, and reaffirmed the role of the courts in reviewing those decisions. The Court staed as follows, supra at 613~: "...local zoning boards have broad discretion in considering applications for variances and the judicial function in reviewing such decisions is a limited one. Courts may set aside a zoning board determination only where the record reveals that the Board acted illegally or arbitrarily, or abused -2- its cliscretion, or that it merely succumbed to generalized community pressure (citations omitted). A determination of a zonitig board should be sustained on judicial review if it has a rational basis and is supported by substantial evidence (citations omitted)." the Watvet. Inas captfoned Emerson noted as: record here, the action taken by the ZBA was not illegal or arbitrary, but, ~orted by substantial evidence. Petitioners Tellingly, they did not challenge the denial of the property had net merged, instead they sought a case involving this same issue and the same ZBA , in June 2004, our colleague, Justice ' Th ..... e p?tioner, however, failed to estabhsh that he would sut'fet significant economic injury if the waiver were not pe~itte~l. Proof that the proper~j could be utilized more profitably if the waiver were granted Or that the value of the two~imp;Oved lots would exceed that of the parcel as it currently exists is nor sufficient to justify the issuance of a waive~ (Citations omitted)." The same rationale applies here. Taggart was recently affirmed by the Appellate Division (2005 NY ~lip Op 93 !2) The petition is denied, and the proceeding dismissed. The foregoing constitutes the decision and judgment of the Court. DATED: ~ /~ ¢-~06 HON. MICHAEL F. MULLEN, J.S.C. Donna Iglesias- Wexler 1175 Hill Road West Southold, New York 11970 (631) 765-9304 ceil (631) 838-1000 fax (631) 765-9301 October 4, 2007 Southold Town Zoning Board of Appeals Southold Town Hall PO Box 1179 Southold, NY 11971 Re: Re-Application for Waiver under Section 100-26 of Donna Wexler, Gertrude Iglesias and David T. Devlin Dear Ladies and Gentlemen: Enclosed please find one original and six sets of information that was not presented at the original hearing 2005, relating to the above referenced matter. Please review this matter with open hearts and minds, so that you can advise my mother and me how to proceed with this matter. In advance, we thank the Board for it's time, patience and understanding. Very truly yours, Donna Iglesias - Wexler 10/04/07 ~ 'SURVEY OF LOT~I MAP OF C,ALVES NEC, I< FILED FEBRUARY 15, Iqq2, FILE No, 51TUATE.. SOUTHOLP TOI~IN, SOUTHOLD SUFFOLK COUNTY, NY SU~.VE¥~ID 05-1~-2005 PROPOSEE) ACTIONS 08-0~-2005 N W+""v E S SUPPOLK COUNT% TAX # IOOO-70-4-22 CH~CACaO 'rrrt~ INSU'~.ANCE CO. ANY s88o52,40.E Proposed House 15' N86°51'20"W 28.32 100, Lond No~ or' f::ormer'19 oF: NOTES: · MONUMENT FOUND TOIdN !'.lATER IN STREET ELEVATIONS REFE:P. ENGE N®VDr2q FLOOD ZONES AS ANNOTATED PROM FIRM MAP No. 5S105C0166 ® HAT 4, Iqq8 AREA ~ 2~,2OI S.F. or O.5~ G~APHIO SCALE I"= JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LI~. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Clammer\backup~PROS\05-182d.pro O:F MAF:' OF C, ALVES NEC, I<. FILE~ FEBRUARY 15, Iq72, FILE No. 5673 SITUATE: SOUTH©LID TOIdN, SOUTH©LO SUFFOL< COUNT'C, NY SURVEYEO 05-17-2©05 PR©POSE© ACTIONS 08-18-2005 N W+"'z E S SUFFOLK COUNTY TAX ~ IO00-70-4-25 ~NIqA ~ .~R C~CAC~O ',t:I'IL.B INSUltANC'E COMPANY [56.00' F~'::. i tO I~, ~1[ !Iq t4 5 100.00 ,,o~ o7~i,o~N8~°53'40''W 100-00'/// ....... ' ..... /7 WOcke~ ~ Creek NOTES: · MONUMENT FOUNI~ AREA = Iq,qsq 5F or 0.46 occe$ GRAPHIC, ¢6ALE I"= ~O' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Clammer\backup~PROS\05-182d.pro FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 26, 2005 AMENDED: August 24, 2005 TO: Gertrude Iglesias & Donna Wexler 1275 West Mill Road Southold, NY 11971 Please take notice that your application dated April 22, 2005 For permit for waiver of merger at Location of property 1275 West Mill Road, Southold, NY County Tax Map No. 1000 - Section 7___0 Block 4 Lot 2~2 Is returned herewith and disapproved on the following grounds: The subject lot has merged with adjacent lot to the north (SCTM # 1000-70-4-23), pursuant to Article II Section 100-25, which states, "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot, which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk ·scheduJ~quirements' Cc: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 26, 2005 TO: Patricia Moore ..¥C Dzvlin 1275 West Mill Road Southold, NY 11971 Please take notice that your apolbation dated April 22, 2005 For permit for waiver ofllqerger at Location of property 1275 West Mill Road. Southold, NY Comity Tax Map No. 1000 - Section 70 Block_4 Lot 2...~2 is returned herewith an~ disapproved on the,following grounds: T__he__subiect lot has merecd v~th adiaoent lot'to the north (SCTM # !000-70-4-23~. pursuant to Article Section 100-25, which ,~ates. ',Mercer. A non,onformin~ lot shall mer'~:e with an adjacent confmmin~ or nonconforming lot which has been held i~ common ownershin with the first lot at any Ih~ne a~ftor July 1, 1983. ~n adiacent lot is one which abuts with th, va~x:el for a common couxse of fifty (50~ feet or more in distance. Normorfformine lots shall merci' until the to~al lot size conforms to the current bulk Authorized Signature Ce: file, Z,B.A. APPLIf~ON TO THE SOUTHOLD TOWN B~RD OF APPEALS ¢. For Office t~se t~nty , Fee: $~ Filed By:. Date Assigned/Assignment No. Office Notes: House No..I,L~- Street ~-~[\k '~-~. k,-b~a'~t SCTM 1000 Section Block Lot(s) ~ Hamlet Lot Size ~. ~- ~._. Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED Applicant(s)/Owner(s): '~i,~ ~\-L~ 4 C)~~_~B tx Telephone: ~'3t-~r?~.~- ~'5o~3 Fax#: 631- ~P~. 93o / Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for( )Owner, or ( Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspondeoce to be mailed to, from the above nantes ¢l~pplicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy .Change of Use []PeImit for As-Built Construction []Other: ' and DENIED' ~/~ ArticleProvisionOrdinance of by the numberS.section ZoningDo 280- Ordiuance not quote the Appealed.code.) (Indicate Snha~ctinn~'~''~a ~'< c°c~-~ Article, ~Section, Subsection of tcr ~ Zoning %z.~- -I ~-~ "~. Typd~Appeal. An Appealis m~& for: ~ ~~ - ~ ~ ~ ~ n A Variance to the Zoning Code or Zoning Map. ~' ~ ~ ~ ~ ~ ~ ~ A Variance due to lack of access required by New York Town Law-Section~80-A. ~ ~ ~ Interpretation of the Town Code, Article Section ~ ~ ~ ~eversal or Other ~ ~< ~ ~~ A prior appea~has ,~has not been made at any time with resnect to this nco eft UNDER A esl ~ . . P Y, PP No.k~ ~Year ~ . (Please be sure to research before completing this question or call our office for assistance.) REASONS FOR APPEAL (additional sheets tna~, be used with preparer's signature}: EA V,~YIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because:-T ~.~ ~ ~ /.~ 0..3, ~ ~ ~-~ (2) The benefit sought by the applicant CANNOT be achieved by sqme method feasible for the applicant to pursue, other than an area variance, because:-e'r (3) The amount of relief requested is not s~lb~tantial beca.use.:~_¥ (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions i~nth~ighb0xrh~°°~d°nrdistorictbecause:'~'~ \o~c. ~ox.~..~ '~ c, DL~ a~.'--~ ~ [c~,l~3 (5) Has the alleged difficulty been self-created? ( )Yes, or ~'No. Are there Covenants and Restrictions concerning this land: ,~No. r3¥es(pleasefurnishcopr). This is the MINIMUM that is necessary and adequate, attd at the same time preserve and protect the character of the neighborhood and the health, safety, and ~velfare of the community, c~ , Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) n ~t~ before me this ay of [ ~{~)~a0A4 20 *l~o~'ary Public · ~ MELANIE NOTARY PUBLIC, State of New Yo~ No, 01D04634870 (lualified in Suffolk Coun~ ') ~ ~ 0 ~rnmission E~oiras Septe~nber 30, t.~,, · S~gnature of Appellant or Authorized Agent (Agent must submit wrioen Authorization from Owner) Page 3 of 3 - Appeal Application Part B: REASONS FOR IJSE VARIANCE (if requested]: For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the properly is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleg~ed hc~rdsh~p relating fo the property ~s umque becq, use: ~ -(~ ~ ~ 3. The alleg~-eahardsh~p does not apply fo a substantiibl poll on of the dlsfrict or n~i~l~E~d~rhood because: 4, The request will not alter the essential characfe( of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while af the same time preserving and prof.e, cting-~'~e'e'~ .~ character of the neighborhood, and the health, safely and welfare of the commundy. explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page lo apply. AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed lo the sl.qnafure a~d notary area below. $1gn-"fi~ure of Appellant or A~thor z~ed ,~,gent ii, ~worn to b,e~for, e, me this {Agent must submit Authorization from Owner} ~-~t~ay of [..~.b~ ..... 2p~. MELANIE DOROSKI ~ ~( f - NOTARY PUBLIC, StateotNewYo~ , ~ No 01D04634870 (Nofa~ Pu~lc) Qualified in Suffolk Coun~ ~, ~ ZBA App 9~0/02 Commission ~ires September 30, I APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: "~2~__~ k. oO0~,~ ~.~~~repared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~.,~-,~.~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from su, rvey_or):~v OO- ~:f~ O _--9~'~ Existing square footage of buildings on your property,. Proposed increase of building coverage: Square footage ofyourlot: ~ o ~q Percentage of coverage of your lot by building area: V. Purpose of N, ewConstruction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered ~h yard view. 7/2002; 2/2005; 1/2007 - ~,'~'~ ~ ~ '~"5k"4~""~ '-'[oh QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? ~Yes [~ No Are there any proposals to change or alter land contours? ~No C3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~ 2) Are these areas shown on the map submitted with this application? ~N..]a_ 3) Is the property bulkheaded between the wetlands area and the upland b[filding area? 4) If >~our property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?~ Please confirm status of your inquiry or application with the T_.~_mstees: 1~ 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? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~'xw.x> (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicables) · Do you have any construction taking place at this time concerning your premises. '~ If yes, 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 parce? ~ If yes, please label the proximity of your lands on your map with this application. ~5~ H. Please list present use or operations conducted at this parcel &t/~..~..~) and proposed use ~o~,-J~,~-t '~ (examples: existing: single-family; proposed: same wi.th garage or pooi, or other description,) Authorized Signature and~Date 2/o5; 1/07 A~. _T_ RANSACTION~,A~ DISCLOSUI~RM V~'L'~:ABLE TO OWNER, CONTRACT VENDEE AND 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 fom~ 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. (-Last n--amc, 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 otber person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance /~' ~ e.~%~k~.&k Special Exception *Other Approval or Exemption t~"xx"~ ~ ~ from plat or official map Change of Zone ---~ Tax Grievance *If"Other" name the activity: Do you personally (or through your company, spouse, siblmg, parent, or child) have a relationship with any officer or employee of the Town of Sot tbold? .... ,, - · ~ludes~ _blood, mawr bu_siness interest. _'Busine~ss interest" m_eans a business inc~ aLrtnersh_ip, in which the Town officer or emp_Io~ee has even a~oua~ of~9X ~a co~ which the Town officer or em- lo ee owns.more than 5% ofth~ee YEs NO % If you answered "YES", cotnplete the balance of this fornt attd date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (thc applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate lme A through D (below) and/or describe the relationship in the space proxqded. 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, pa~Xner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th_is _~ dayof ,Oo_~- ~ 7._~'~ Sign ature :~.~-~,..~~ ~'own (>~ S(mthold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants fbr permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the ']['own of Southold Waterfi-ont Consistency Review Law. This assessm{mt is intm~ded to supplemem other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including 13uilding Permits ~nd other mmi~'terial permits not located within the Coaxtal Erosion [2r~zard Area Bet-crc answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and egplanations of each policy contained in the Town of Southold Local Waterfi-ont 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). If'any question in Section C on this form is answered "yes", then the proposed action may affect the actfievement of the LWRP policy standards and conditions contained itl the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detemfination 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 followh~g places: online at the Towno f Southold's webate' (southoldtown.northfork.net), the Board of Trustees Office, the Pl,'uming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# Tile Application has heen submitted to (check appropriate response): TownBoar,I [~ Planning Board [-~ Building Dept. [~ BoardofTrustees [~] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~) Permit, approval c~'~e, ~ertificati6fii ~ Nature and extent of action: Iooo ,- ,f-~.,o ~, - o't, co 1~ Oz~ ~e ~o ' Location o f action:~:~s~,[ Site acreage: Present land use: Present zmfing classification: If an application for the proposed action has been filed w/th the Town of Southold agency, the ibllowing information shall be provided: (a) Name of aPplicator: '~-.-....~ ~.-Q~o~_~ Co) Mailing address: [{'..-~'"-- [.~¢.,,A~ ~ (c) Telephonenmnber: AreaCode( ) {a%l ~-'~""- qbe/0 (d) Application number, if any: Will the action be directly undefftaken, iequire fimding, or approval by a state or federal agency? Yes [] No/~ If yes, w}ficb state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoltl that enhances colnmunity character, preserves open space, makes efficient nsc of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evalnation criteria. [---]Yes [~ No ~/~t Applicable Attach additional sheets if necessary Polic-y~2. Prelect a~tl prCgetve hi~to?iCand archaeoFo~icaq r~burces ~f tliCTo~S3ht~h~l-d. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~] Yes ~] No~/~ot Applicable Attacl~ additional aheels ifneccs :~O Oq~'~ Policy 3. Enh'ance visual quailW and protect scenic resources throughout the Town of South01d. See LW~ Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No~ot Applicable A?tach additional sheets ii' necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from llooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No'Not Applicable At~ach additional sheels if necessary Policy 5. Protect and iiuprove water quality and supply iii the Town of Soutbold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [] No/~ot Applicable Altach additional sheets if necessary Policy 6. Protect and restore the quality and function of tile Town of Southold ecosystems including Significant Coastal Fish and ~' ' ' ' · · % lldhfe Habitats and wetlands. See LWRP Section III - Pohcies: Pa~,es 22 thr6U~h 32 fo~luatioi; ~ri/eria. -- .... ~' [] '['es ~ No,~Not xppii~ble Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies 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 Ill - Policies; Pages 34 throngh 38 forevaluation' 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 the Town of Southold. See L~VR]? Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes [~ No/~/Not Applicable Attach additional sheets il' necessary WORKING COAST POLICIES Policy 10. Protect Southohl's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -~Ve~ [~ No q~6t APplicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Souad, the Peconic Estuary aad Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~] ]No [~NotApplicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. [] Yes ~ ]No [~ot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy ami mineral resonrces. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ./ ¥cs I-1 ]No [ ]Not A..li able Created on 5/25/05 Ii:20 AM 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENT,,LL ,4SSESSMENT FOR;~! For £rNI, ISTED ACTIONS Only P,~T I - Project Information [To be complete by Applicant or project sponsor) Applicant / Sponsor 2, Proiect Name 3. Project location: Munlctpali~¢ '~3 GounB, O 4. Pr~se ~on (Street addr~ and rea0 intem~ions, prominent Iandma~s, ~c~ or pro~de map) ( ) NEW ( } EXPANSION ( ) MODIFICATION / ALTE,~TION ~L"-'h . i 7, ~ount ~ ~ afl.ed: · ' p po c~on 'py 'th ' ' ' g e s g a s es o ~YES ( ) NO If No. describe bdefiy: ¢~:-.,,~A~;Lj. ,1 9. What is present land use in ~ionity of proieot: (deschbe): (<~es~dentiat ( ) Industrial ( ) Commerdal { ) Agncultura ( ) Par~Forest~Open Sr~ace )Other 10. DOeS action involve a permit approvat or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? I( ) YES (~O l~' Yes, ~St agency(s) and permit/approvals: 11, Does any aspect of the action have a currently valid permit or approval? ' ' 12 AS a result o~ pm~s~ action, ~lt e~s~ng pe~Wapproval r~uire mediUm,on? I c~J~ ~at the info.alien p~vlded a~ve is tru~ to the ~st of my knowledge 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 APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard E Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http:/Isoutholdlown.northfork.net BOARD OF APPEALS TOWN OF SOIJTltOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2005 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road lat Youngs Avenuei Southold. NY 11971 RECEIVED '~'~'~ /.'Go SoutholdTownClerk ZBA Ref. No. 5722 - DONNA WEXLER (Former Owner, DAVID T. DEVLIN) Street & Locality: 1175 and 1275 West Hill Road, Soulhold County Tax Map ID: 70-4-22 and 23 (cembined/merger) Zone District: R-40 Low-Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPT!~N: The applicant's property consists of a total land area as combined (together) of approximately 49,900 square feet, identified as 22 and 23 on the Suffolk County Tax Maps, District 1000, Section 70, Block 04. The land is improved with a single-family dwelling situated 120+- feet from the northerly front lot line at West Hill Road and 32+~ feet from the eastedy side property line, as shown on the February 15, 1972 survey prepared by Roderick VanTuyl & Son. The property is located in the R-40 Low- Density Residential Zone District which requires a minimum lot size of 40,000 square feet. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Department's April 26, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 22 and 23 are merged pursuant to Section 100-25, which provision states: 'Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge unlil the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The eastedy portion, referred to herein as 'CTM 22' is proposed to be separated from the westerly portion referred to as 'CTM 23/ Each do not meet the cede-required 40,000 square feet in this R-40 Low-Density Residential Zone District and would be nonconforming with an area of 29,900+- square feet for CTM 23 and the remaining 20,000+- sq. ft. for CTM 22. Not only would they be nonconforming in size, but new nonconformities would also be created for the applicant's existing dwelling location (single side yard less than 10 feet and setbacks from the existing rear lot line and bulkhead (ref. 100-239.4B and 100-244). ZONING CODE, SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. · ~P~ge 2 - ~,ugust 18, 2005 Appl. No. 5722 - David Devlin, Donna Wexler CTM 70-4-23, 22 (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. A waiver would result in the creation of a nonconforming lot that is oddly shaped and out of character of the neighborhood. The southerly (rear) dimension is only 40+- feet wide, narrowing down to 25+- feet along the bulkhead and dredged canal. Other lots in the neighborhood consist mainly of 100 ft. rear lot width dimension, and no lots have this type of configuration. 2. A single and separate search was issued April 20, 2005 by Peconic Abstract, Inc. The search shows that the premises (CTM 22 and 23) as merged were owned in the same names, or common ownership and without single and separate ownership since the 9/2511996 transfer of CTM 23 and 8/1/2000 transfer of CTM 22 to David T. Devlin and Lora S. Collins. 3. The property has been in common ownership with a merged area 50,786 sq. ft. since 8/1/2000 and continuously to the present date. Information was not submitted to show planned intentions to avoid the merger· or to make application to any agency for a dwelling. The merger was intentionally placed when the transfers were formed by common ownership. 4. Information was submitted in behalf of the new owner during the July 7, 2005 hearing that a second home is proposed for her mother at a time when family is needed to be close and for daily medical care. (As ol~ the date of this decision, a Special Exception application for an Ao~essory Apartment in the applicant's existing home was not requested.) 5. Proof was not submitted to show that a waiver will avoid an economic hardship. The town's assessment records show that the current owner in 2005 acquired the land by deeds, noting a sale price of 1.275M ($945,000 and $330,000). 6. The record does not demonstrate proof that there were good faith intentions, since 2000, to separate or maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build a separate dwelling on the vacant lot for over 40 years, until a contract of sale was entered into between David Devlin and Donna Waxier to sell CTM 23 for $330,000. 7. There also was no proof demonstrated to show the value of the property as exists with the merger to support applicant's claim of economic hardship, except for the 2005 real estate transactions. · ~¥;ge 3 - ~,ugust 18, 2005 Appl. No. 5722 - David Devlin, Donna Wexier CTM 70-4-23, 22 8. There is no proof demonstrated in the record to show that the westerly portion of the applicant's property was maintained separately for purposes of building a new single-family dwelling. 9. Neighbors testified as to their understanding, that the property was used by the owner of the existing dwelling, and not planned or proposed in the future for a new dwelling or as a separate building lot. 10, The parcels were intentionally merged. Applicanl is not obliged to sell to someone with a desire to unmerge the properties. 11. To create additional lots that do not conform to the zoning requirements and that have been merged with adjacent properties for a continuous pedod of time will result in increased number of dwellings, increased traffic, increased water and sanitary demands, and other related environmental effects. RESOLUTION/ACTION: On motion by Member Simon. seconded by Chairwoman Oliva, it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 70-4-23 from CTM 70-4-22. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando and Simon. Nays: Members Goehringer and Dinizio. This Resolution was ~dopted (3-2)-, RUTH D. OLI~/~, CHAIRWOMAN 9-14-2~-05 Approved for Filing 5LIR',ZEY OF LOT I N W~'~- E S West: Hill 128 M¢~ Qu~ FlL~c~oN°~ or t=o~r~er JOHN C. EItLERS LAND SURVEYOR ,O 15' Lo ~ .2 T~ ~TcDonol( 08 ( Hi( OL ME ~88°5~/~0'~E ' / ~ / N86°51 '20"W 128.32' Lonct No~ or Focmecl~ oF: INSTI~ii?ONS: http://www, orps.state.ny.us or PHONE (51~&473-7222 POR ~. Dat~ Deed R~or.~ I / / I ~ ~' Month O'' Year ~ RP- 5217 ~, B~k ~ f I I I I ~' Page I ~ I I I ~ PROPER~ INFORMAT~N I 1. rmp~t~. 1275: I West Hill Rd. I $outhold I $outhold - I 11971 2. B~yer I Wexle~ (as to a 99% interest) I Donna I Iglesla$ (as to a 1% lnte:est) I Gercrude E. 5, Deed I , /I #of parcels OR [] PartofaParcel David T. I A[~Olle F'nl'ly REtdderltiel ~[~Agri¢~ural ~C ..... it'/Strait. 13. Full~lePd¢~ I , , 3 , 3 , 0 , 0 , 0 , 0 , 0 , 0 I ~ AESESSMENTiNFOBMATION ~ Data should reflect th? latest Final Assessment RoU and Tax Bill i000'070,00-04.00-022.000 I I [ I ICER'rlFIcATION I J I BUYER SELLER BUYER'S ATTORNEY NEW YORK STATE COPY Number of pages TORRENS Serial g Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. Affidavit CertiHed Copy Reg. Copy Other Sub Total 5 O0 -'~-~ Sub Total G1EAND TOTAL Mortgage Pant. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0r Spec./Add. TOT. MTG. TAX Dual Town Dual County.__ Held for Apportionment -- Transfer Tax Mansion Tax The property covered by this morlgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. '1 Stamp 1000 Date Initials Real Property Tax Service Agency Verification Dist. Section B lock Lot 070.00 04.00 )22.000 Satisfactions/Discharges/Releases List Property Owners Mailing Addres: RECORD & RETURN TO: Community Preservation Fund William Price, Jr. Esq. P. O. Box 2065 Greenport, NY 11944 Consideration Amount $ CPF Tax Due $ Improved __ Vacant Land TD TD TD ] Title Company Information ICo. Name Chicago Title Title # 3805-00335 Suffolk County Recording & Endorsement Page This page forms par~ of the attached DAVID T. DEVLIN Deed (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORIL TO In the Township of SOUTHOLD DONNA WEXLER AS TO A 99Z INTEP~EST In the VILLAGE AND GERTRUDE E. IGLESIAS AS TO A 1% INTEREST or HAMLETof made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lOVER) 1275 WEST HILL RD / 0.69 311 1 RES VAC LAND l,,,ll,,,llhl,,I,,,h,,lllh,,hl,,,,Ih,,,Ih,l,l,l,l,,,,lll AUTO**5-DIGIT 11971 Devlin David T 1175 Hill Rd PO Box 1025 Southold, NY 11971-0931 12/7/04 1,600 ! 1,600 DevlJn David T & 100% OF FULL VALL 107,383 TOTAL TAX AMOUNT 917.13 14.04 293.63 Y TREASURER'S NOTICE .~;, ~:~,:~; SECQNp,HALF,~.~.SOtJ~HQLD .TAX LEVY ~ 2004-2005 ~.~ FOR-PAyMENT OF:~OTA~:'TAX, MA~E' CHECK PA~AB~E',~0 GEORGE R. SULLIVAN. REdE .y~0~AX~S ~D~[~ L~O AN~.~MAE NO ON FACE OETHE CHECK 148.28 TOTALTAX LEVY ~' 1,373.08 THIS TAX MAY ~E PAID IN ONE OR TVVO INSTALLMENT SUFFOLK COUNTY TAX MAP NUMBER 473889 70.-4-22 AMOUNT DUE BILL NO. 686.54 7984 J .The folio'wing bank branches located within the Town of Southold accept payments during regular business hours: Brid.qehampton Nationai Bank, Bank of America, North Fork Bank, Suffolk County National 473889000000070XZ4Z2200798404000r1000000068654001373087 473889 70.-4-23 1175 WEST HILL RD 316,955,945 2,473,384 ']_'L) VV£N C)J_~' ~4~ U'JL'I:J-UL 610 COMBAT VET 0.46 STAR-BASIC 08 7985 1.035 COUNTYFFOWN 920 ;CHOOL 210 1 FAMILY RES ************************ 11971 Devlin David T 1175 Hill Rd PO Box 1025 Southold, NY 11971-0931 12/7/04 Devlin David T & 2,200 9,800 100% OF FULL ~ 657,718 TOTAL TAX AMO' 107.03 76.90 1,608.53 1,608.53 ;91 4 PAYABLE WITHOUT PENAL~Y TO MAY 31. 2085. SEE REVERSE SIDE FOR PENALTY SCHEDULE AND COUNTY TREASLREWS NOTICE TOTAL TAX LEVY ~' 7,677.81 THIS TAX MAY BE PAIn IN ONE OR TWO INSTALLME DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX~;MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, ' RECEIVER OF '¢A~(ES AND wRITE B LL NO'AND TAX MAP NO ON FACE OF THE CHECK I PAID BY: I--:]' ASSESSED '": ~ OTHER ' ] Devlin David T SUFFOLK COUNTY TAX MAP NUM@ER 473889 70.-4-23 3,838.91 J 7985 The fo[lowing ban.k branches ~ocated within the Town of Southold accept payments during regumr nuslness hours: Br d~ehampton Na Dna Bank. Bank of America. North Fork Bank. Suffolk Count'. Nationa BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION: THIS AOKEEMENT SHOULD BE PREPARED BY AN ATTOPaNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND THI$1NDENTURE, madethe ~P dayo[ ,,~vN~... , 2005 DAVID T. DEVLIN residing at 1175 W. Hill Rd., Southold, NY 11971 party of the first part, and DONNA WEXLER, residing at 200 Castle Hill Rd., Cutchogue, NY 11935, as to a 99% interest, and GERTRUDE E. IGLESIAS, residing at 955 Aquaview Ave., E. Marion, NY 11939 as to a 1% interest party of the second part, WITNESSETH, that the party of the first part,'in &onsideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the pa~y of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, County of Suffolk and State of New York. SEE SCHEDULE 'A' ATTACHED HERETO AND MADE A PART H~REOF The grantor herein is the same person as the grantee in Deed dated 6/15/04 recorded 7/30/04 in Liber 12334 CP 230 and deed dated 8/1/00 recorded 8/18/00 in Liber 12064 CP 275. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. A,ND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the par~ of the first part has duly executed this deed the day and year first above written. DAVID T. DEVL1N LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR pARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK A~D STATE OF NEW YORK K~0WNAND DESIGNATED AS LOT NO. 1 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CD~LVES NECK" D2FD FILED IN THE OFFICE OF THE CLERK OF THE COI/NTY OF SUFFOLK ON FEBRU~LRY 15, 1972 AS MAP NUMBER 5673. FOR INFORMATION ONLY: DISTRICT 1000 SECTION Q70.00 BLOC~ 04.00 LOT 022.000 STATE OF NEW YORK ) ,:~ COUNTY OF SUFFOLK ) On the Jif day of ~ ~ ,2005, before me, the undersigned, personally appeared DAVID T. DEVLIN, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. NOTARY PUBLIC DEED TitleNo. ~f'-~)33J~ Section 070.00 Block 04.00 Lot 022.000 DEVLIN County or Town SUFFOLK To WEXLER and IGLESIAS Return By Mail To: WILLIAM PRICE, JR., ESQ. P. O. BOX 706 GREENPORT, NY 11944 Reserve This Space For Use Of Recording Office NYSBA Residential Real Estate Forms on HotDocs® (9~00) Copyright Capsofl® Development ,t_5~ ]~L BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ~0'~,OO ACTS (INDIVIDUAL OR CORPORATION) ~ ~'~ STANDARD NYBTU FOI~M 8007 THISINDENTUI?_E, madethe ,/~"~dayof June, 2005 DAVID T. DEVLiN residing at 1175 W. Hill Rd., Southold, NY 11971 party of the first part, and DONNA WEXLER, residing at 200 Castle Hill Rd., Cutchogue, NY 11935 party of the second part, WITNE$$ETH, that the party of the first part, in consideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, County of Suffulk and State of New York. SEE SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF The grantor herein is the same person as the grantee in Deed dated 6/15/04 recorded 7/30/04 in Liber 12334 CP 230 and deed dated 9/25/96 recorded I0/7/96 in Liber 11796 CP 03. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TOtlAI/EAND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the parly of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of tlie same for any other purpose. The word" " ' ' ,, · ,, par~, shall be construed as flit read part,es whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. DAVID T. DEVLIN SCHEDULE A DESCRIPTION PolicyNo.:38os-oo334 kLL THAT CERTAIN PLOT, PIECE, OR PARCEL OF I~ND, SITUATE, LYING, ~ BEING IN THE TOWN OF SOUTHOLdD, COUNTY OF SUFFOLK AND STATE OF NEW YORK EI~OW~ ~ DESIGNATED AS LOT NO. 2 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" ~ FILED IN THE OFFICE OF THE CLERK OF TBE COUNTY OF SUFFOLK ON FEBKUAI~Y 15, 1973 AS MAP NL~ER 5673, BEING MORE pARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGI~ING AT A POINT ON TEE SOUTHERLY SIDE OF WEST HILL ROAD DIST~.NT 156 FEET EASTERLY AS MEASURED ALONG TEE SOUTHERLY SIDE OF WEST HILL ROAD FROM THE CORNER FOR~ED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF WEST HILL ROAD ~ TEE EADTERLY SIDE OF WNLLS AVENUE; THENCE SOUTH 88 DEGREES 52 MINUTES 40 SECONUS EAST ALONG THE SOUTHERLY SIDE OF WEST HILL ROA~ 100 FEET TO A POINT; THENCE SOUTH 0 DEGREES 46 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE NORTH 88 DEGREES 53 MINI)TES 40 SECONDS WEST 100 FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 00 SECONDS WEST 200 FEET TO THE SOU~ERLY SIDE OF WEST HILL ROAD, THE POINT OR PI~CE OF BEGINNING. FOR INFOPJ4ATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 023.000 STATE OF NEW YOPd<. ) COUNTY OF SUFFOLK ) On the/~"~'day of June, 2005, b:£ore me, the undersigned, personally appeared DAVID T. DEVLI~I, subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC DEED Title No, DEVLIN Section 070.00 Block 04.00 Lot 023.000 County or Town SUFFOLK To WEXLER Return By Mail To: WILLIAM PRICE, JR., ESQ. P. O. BOX 706 GREENPORT, NY 11944 Reserve This Space For Use Of Recording Office CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULEA Title Number ~"----~_ June 16, 2005 sured: EXLER AS TO 99% INTERESTs__AND GERTRUDE E. Amount of Insurance ~229,nnn O~ IGLESIAS AS TO A 1% IN~ 2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in the insured by: A DEED MADE BY DAVID T. DEVLIN, TO THE INSUREb, DATED 06/16/05. 4. The land referred to in this Policy is described as follows: -SEE ATTACHED DESCRIPTION- O92C Authorized Signatory Policy No.: 3805-00335 SCHEDULE A DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LA/qD, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS LOT NO. 1 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 022.000 Policy N0.:3805-00335 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, a. orney's fees or expenses) which arise by reason of: 1. NO TITLE IS INSURED TO ANY LAND NOW OR FORMERLY LYING IN THE BED OF DREDGED CANAL, ITS ARMS, BRANCHES OR TRIBUTARIES BY WHATEVER NAME CALLED. EXCEPT RIPARIAN RIGHTS AND EASEMENTS OF OTHERS TO AND OVER DREDGED CANAL, BUT POLICY DOES NOT INSURE ANY RIPARIAN RIGHTS OR EASEMENTS IN FAVOR OF THE OWNER OF THE PREMISES HEREIN. EXCEPT THE RIGHT OF THE UNITED STATE GOVERNMENT TO ESTABLISH HARBOR, BULKHEAD OR PIERHEAD LINES OR TO CHANGE OR ALTER ANY SUCH EXISTING LINES AND TO REMOVE OR COMPEL THE REMOVAL OF FILL AND IMPROVEMENTS THEREON (INCLUDING BUILDINGS OR OTHER STRUCTURES) FROM LAND NOW OR FORMERLY LYING BELOW THE HIGH WATER MARK OF DREDGED CANAL WITHOUT COMPENSATION TO THE INSURED. EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF NEW YORK AND THE TOWN OF SOUTHOLD OR ~ OF THEIR DEPARTMENTS OR AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS, LAND UNDER WATER AND LAND ADJACENT THERETO. 5. POLICY WILL EXCEPT EASEMENT RIGHTS OF OTHERS THAN THE INSURED INTO AND OVER THE STONE DRIVEWAY ENCROACHING THE WESTERLY AND NORTHERLY RECORD LINES. 6. RIGHTS OF TENANTS OR PERSONS IN POSSESSION. 7. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED. SURVEY MADE BY JOHN C. EHLERS LA/qD SURVEYOR DATED MAY 17, 2005 SHOWS: VACANT LAND, STONE DRIVEWAY ENCROACHES WESTERLY OF EASTERLY RECORD LINE AND SOUTH OF NORTHERLY RECORD LINE NO DIMENSIONS PROVIDED, WOOD BULKHEAD IN EASTERLY PORTION OF PREMISES, FENCE A VARIATIONS WITH PORTION OF WESTERLY RECORD LINE, ROW OF EVERGREENS ENCROACHES WESTERLY LINE DJqD SOUTHERLY LINE NO DIMENSIONS PROVIDED. NO OTHER ENCROACHMENTS BSCHD -SCHEDULE B- ENDORSEMENT Attached to and made a part of Policy No. 3805-00335 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy.*' 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated: 06/16/05 Authorized Signatory Note: This endorsement shall not be valid or binding until countersigned by an authorized signator~ STANDARD NEW YORK ENDORSEMENT (9/1/9.5) FOR USE WITHALTA OWNER'$ POI, t~[ (10/17/92) CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY MARKET VALUE POLICY RIDER Policy No, 3805-00335 Name(s) of Insured Homeowner(s) DONNA WEXLER Owner's Statement of Coverage: In consideration of the payment of the additional premium for the issuance of this Rider to the Policy as hereinafter defined, the Company insures the named homeowner against loss or damage not exceeding the market value of the premises at the time of loss, in accordance with the conditions of the Policy not inconsistent with the provisions of this P, Jder, and subject to the matters excepted from coverage in Schedule B. (a) The Policy is the policy issued to the named insured herein in the amount of the original purchase price paid for the insured premises. (b) Time of loss shall be such date as the homeowner shall have actual knowledge of facts giving rise to a claim under the Policy. (c) A homeowner is a natural person, fee owner and resident of real property used predominately for residential purposes and containing no more than 4 dwelling units, a residential condominium unit, or a residential co-operative leasehold interest. The benefits of this Rider shall be available only to the named insured provided the named insured is a homeowner as defined herein at the date of the issuance of this Rider and at the date any claim under this Rider is made. (d) Market value at time of loss shall be such value of the insured premises as is determined by three arbitrators or any two of them, one of whom should be chosen by the insured and one by the Company, and the two so chosen selecting the third arbitrator. Such value shall exclude the market value of any improvements made to the premises subsequent to the date of the Policy. The above valuation procedure shall also apply in the event the insured premis~ is a residential cooperative leasehold interest. CONDITIONS: (a) Paragraph 8 of the Conditions and Stipulations of the Policy is hereby deleted. That portion of subdivision (b) of paragraph 7 of the Conditions and Stipulations of the Policy as relates to improvements made subsequent to the Date of Policy is hereby deleted and the following paragraph is substituted in lieu thereoE In the event that a partial loss occurs after the insured makes an improvement to the insured premises subsequent to the date of this Rider the valuation of such partial loss shall be determined in relationship to the market value of the premises at the time of such partial loss, minus the market value of such improvements made to the insured premises subsequent to the date of this Rider. (b) Notwithstanding anything herein to the contrary, in the event of a loss, partial or total, the insured shall have the option to elect to value such loss under the terms of this Rider or under the terms and amount of the Policy. (c) All other provisions of the Policy, not inconsistent with the provisions of this Rider, shall remain in full force and effect. (d) This Rider and the Policy is the entire contract between the named insured and the Company. Dated: JLLne 16, 2005 CHICAGO TITLE INSURANCE COMPANY Authorized Sign ~itory ~/~ ~R~ ~ VALUE POLI~ ~DER (~/1/93) TO BE USED W~ ALTA OWNER'S BASIC POL~ (NEW YORK ~A TE O~ Y) EM~2C ENDORSEMENT Attached to and made a part of Policy No. 3805-00334 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affLxed by its duly authorized officers. Dated: 06/16/05 Authorized Signatory Note: This endorsement shah not be vafid or binding un til countersigned bJ~ an autho~zed signato~J~ STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WIT[IALTA OWNER'S POLICY (10/17/92) CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A. LT.A.) SCHEDULE A Title Number Effective Date /1.Na-U0~ June 16, 2005 me of insured: ' ~ Amount of Insurance $945, 000.00 2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE Title to the estate or interest in the land is vested in the insured by: A DEED MADE BY DAVID T. DEVLIN, TO THE INSURED, DATED 06/16/05. 4. The land referred to in this Policy is described as follows: -SEE ATTACHED DESCRIPTION- O92C Authorized Signatory SCHEDULE A DESCRIPTION "~ ~'~ Policy No.: 3805-0033A ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, cOLrNTY OF SUFFOLK AND STATE OF NEW YORK tCNOWN AND DESIGNATED AS LOT NO. 2 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF WEST HILL ROAD DISTA/qT 156 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF WEST HILL ROAD AND THE EASTERLY SIDE OF WELLS AVENUE; THENCE SOUTH 88 DEGREES 52 MINUTES 40 SECONDS EAST ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD 100 FEET TO A POINT; THENCE SOUTH 0 DEGREES 46 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE NORTH 88 DEGREES 53 MINUTES 40 SECONDS WEST 100 FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 00 SECONDS WEST 200 FEET TO THE SOUTHERLY SIDE OF WEST HILL ROAD, THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 023.000 Policy No.: 3805-0033~ SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, aAorney's fees or expenses) which arise by reason of: 1. NO TITLE IS INSURED TO ANY LAND NOW OR FORMERLY LYING IN THE BED OF DREDGED CANAL, ITS ARMS, BRA/~CHES OR TRIBUTARIES BY WHATEVER NAME CALLED. EXCEPT RIPARIAN RIGHTS AND EASEMENTS OF OTHERS TO AND OVER DREDGED CANAL, BUT POLICY DOES NOT INSURE ANY RIPARIAN RIGHTS OR EASEMENTS IN FAVOR OF THE OWNER OF THE PREMISES HEREIN. EXCEPT THE RIGHT OF THE UNITED STATE GOVERNMENT TO ESTABLISH HARBOR, BULKHEAD OR PIERHEAD LINES OR TO CHANGE OR ALTER ~ SUCH EXISTING LINES AND TO REMOVE OR COMPEL THE REMOVAL OF FILL A/qD IMPROVEMENTS THEREON (INCLUDING BUILDINGS OR OTHER STRUCTURES) FROM LAND NOW OR FORMERLY LYING BELOW THE HIGH WATER MARK OF DREDGED CANAL WITHOUT COMPENSATION TO THE INSURED. EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF NEW YORK AND THE TOWN OF SOUTHOLD OR ANY OF THEIR DEPARTMENTS OR AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS, L~qD UNDER WATER ~ LAND ADJACENT THERETO. PREMISES HEREIN ARE LISTED AS EXEMPT OR PARTIALLY EXEMPT FROM REAL ESTATE TA~XES. PURSUANT TO SECTION 302, 494 OR 520 OF THE REAL PROPERTY TAX LAW, THE SAID EXEMPTION TERMINATES IMMEDIATELY UPON THE TRANSFER OF TITLE BY THE OWNER ENTITLED TO SUCH EXEMPTION, OR MAY TERMINATE UPON HIS DEATH, A/qD THE SAID PREMISES SMALL THEN BE TAXED PRO RATA FOR THE UNEXPIRED TERM OF THE TAXABLE YEAR, AND SUBSEQUENT THERETO, AT THE FULL VALUATION THEREOF WITHOUT BENEFIT OF SUCH TAX EXEMPTION. SURVEY MADE BY JOHN C. EHLERS LAND SURVEYOR DATED 5/17/05 SHOWS: 1 STORY FP~AME DWELLING GARAGE ~ WOOD DECK, WALE, WALL, WOOD BULKHEAD WITH DECK EXTENDING INTO JOCKEY CREEK, STONE DRIVEWAY EXTENDS INTO PREMISES ADJACENT ON THE WEST AND SOUTH, FENCE AT VARIATIONS WITH PART OF EASTERLY LINE. 7. POLICY EXCEPTS EASEMENT RIGHTS OF OTHERS THA/q THE INSURED OVER THE STONE DRIVEWAY EXTENDING ONTO PREMISES ADJACENT ON THE WEST AND SOUTH. 8. RIGHTS OF TENANTS OR PERSONS IN POSSESSION. 9. WATER ~ SEWER CHARGES, IF ~NY, NOT INCLUDED. BSC}ID -SCHEDULE B- 'ALL MO6RINGS AND STAKES MUST DISPLAY VISIBLE MOORING NUMBERS JkLL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS Board Of $outhold Town Trustees SOUTHOLD, NEW YORK Mooring J N/A ,bERt"lIT .b,~l0 ...... ~..0..~..8. .............. D~.T~- August 2 8.~985 Agnor & Elaine Benson ISSUED TO .............. : .......................... =._....=:_,:...,;.:.= .................................................... Pursuant to fha provisions of Chapter 615 of the Laws of the State of New York, 18931 and Chapter 404 of the L.aws of the Stale of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF: OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND. GRAVEL OR OTHER MATERIALS FROM LANDS UNDER 'TOWN WATERS;" end in accord,hca wlth the Resolution of The Board adopted et a meeting held on ,~s~:1.9....8..5.~ ~nd in consk~er*fion of the sum' of $....5..,..0..0 ............ pa~d .by ........................ .................... .: ......... .' of ,~9~b_o~.~. .............................................. N, Y, and subject to the =. Terms and OondiHons listed on the reverse side hereof, of Soulhold Town Trustees aulhorlzes and permits fha following: ' Application approved under the Grandfather Clause .to secur, e a permit for ~ bulkhead and dock in Southold' all in a6cordance with' the application submitted. all in accordance with the detailed specifications as presented in · the orlg;naflng application, IN WITNESS WHEREOF, The said Board of Trustees kere- by causes its Corporate Seal fo be afflxe~ these to .be subscribed by a .majority of the as TEE S and CONDITIONS T~e Ferv~ Agnor& Elaine Benson ~;d~gat 1175 H~i! Roa~, Southold l~ing: 1. That the Southold Trustees Permit must be prominently displayed on the premises effected thereby during the period of · ' ~ ~e ,~ B~d of T~s andre To~ of ~u~old ~ ml~ed f~ ~ ~d work ~ r.pect ~eto, ~ ~e ~mple~e. ~d~on of ~e ~d of T~ee~ of ~e Town of ~old suff~c~en~ ~e t~utr~ to complete ~c work ~volv~ bat ~ould ~c~ for ~ ~on m~y be ~de to ~e ~d at a later dat~ " 4~ ~t ~ Pe~t ~o~d ~ ze~ ~de~tel~, or as long ~ ~e ~ toaSt,in ~e ~c~e o~ p~e~ ~oIv~ to provide e~d~ce to ~one ~nce~ ~ ~- SL ~at ~e we~k ~volved ~ be ~bj~ to Ole ~sp~o~ ~d approval of ~e ~d t~ agent~ ~d noo~mp~nce ~ ~e pto~io~ of ~e oti~na~g appl~o~ ~y ~ ~e for ~afien of ~ Pe~c ~ t~olu~on of ~e sai~ ~. ~at there w~ be no ~sonable incerf~ence wi~ na~on T. ~at ~ere ~all ~ no ~terference ~ the 6Bbc o~ ~e ~b~c to p~s ~d ~ep~ ~oog d,e ~:~ ~eea high ~d low wate~ ~ks. 8. ~at ff fur,~re operatlo~ ot ~e Tow~ of ~old r~uke ~e ~oval ~d/or in ~e t~tio~ of ~e work he~ au~o~ ot H. ~ ~e o~ of work ~h~ ~ u~nable obs~on to free na~gadon, ~e s~d Peewee ~ ~ r~ u~n due notice, ,o ,emove or ~ter ~', work o, pro~., he,el. ,t,ted ~ou, ~ to ~e To- 9. ~at ~t ~Hd Board wEl ~ no6fi~ by the Per. ate ol the c~le6on e{ ~e work ~- orhe~ (See tear off sheet.) 10. ~at ~e P~rmittee wi~ obt~ a~ other p~u a~ co~en~ ~t New York S{ate Depal~lent. of Environmental Com~lvation Division of Environmental Permds, Region One Building 40- SUNY. Stony Brook. New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Webslte: www.dec.state.ny.us LETTER OF NON JURISDICTION - ARTICLE 25 November 21, 2005 Denise M Sheehan Acting Commissioner Ms. Donna I. Wexler 200 Castle Hill Road Cutchogue, NY 11935 Re: Application #1-4738-03511/00001 1275 Wgst Hill Road, SCTM? 1000-70-4-22 Dear Ms. Wexler: Based on the information you have submitted and a review by our technical staff, the Depadment of Environmental Conservation has determined that: The property landward of the bulkhead greater than 100 feet in length and constructed prior to 8/20/77 as shown on the survey prepared by John C. Ehlers last revised 08/03/05 is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimen'tatio.n, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all preeantions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result t~om your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay be~~ Please note that this letter does not relieve you of the res~..sibili~/°f obtaining any~ecessary. permits °r appr°vals fr°m °ther agencies °r l°cal mT??liti~//~ ~ cc: BIVlHP file .f, URVE'r' OF LOT 2 ~ HAP OF GALVlZ-~ NEC, K N -05-2005 : O0 icjb Tide 100 ~ ~ C~eek c~, swis Cod" Book REAL RP - 5217 Nest Rill Road ' X I SoutholS" I 11971 I /~ [] {Only if PIr~ of. p;Irc~)Chl~k II ~ly ~ 1~'whk4IYeai~ 0fbl~m,.~atloisi~,.kmaR~J frO. r ~--~1 .... ~/~ 17. TOtal ,~ Value ,o~ aU pa~oelx In i~'an~., , , . *.~ ~, ~ I ~ ~ / ~:W YOR, K¥STATE COPY Number of pages TORRENS Serial g Certificate # Prior Cfi, # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) Comm. of Ed. 500 Affidavit Certified Copy Reg. Copy Sub Total GRAND TOTAL Real Proper~y Tax Service Agency Verification Dist. 1000 070.00 B lock 04.00 Lot 023.000 Stamp Date jSatisfactions/Discharges/Releases List Property Owners Maillng Addrem RECORD & RETURN TO: WILLIAM H. PRICE, JR., ESQ. P. 0. BOX 2065 GREENPORT, NY 11944 Mortgage Amt, 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment -- Transfer Tax Mansion Tax The properly covered by this mortgage is or will be improved by a one or two family dwe0[ng only. YES or NO If NO, see appropriate tax clause on page # __of this instrument. 6 Community Preservation Fund Consideration Amount $ CPF Tax Due Improved __ Vacant Land TD TD TD Title Company Information t Co. Name CHICAGO TITLE Title # 3805-00334 Suffolk County Recording & Endorsement Page This page forms part of the attached DAVID T. DEVLIN (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLn DONNA WEXLER In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. male by: (OVER) 473889 70.-4-23 610 1175 WEST HILL RD J 0.46 210 1 1 fAMilY RES h.,ll.,d U,l,,h.l.dlil.,Li,.,Ih,.ll,d,l,hl.,,IlI ........... AUTO--5-DIGIT 11971 D~viin David T PO Box 1025 Southold, NY 11971-0931 ~N,ij]i[~],i~ ,F THE WORD "ARREARS" IS PRII'JTEO HERE SEE [.tqq,~ la l,,[r~.~.,.~.~l~ ,, ~t1,11:1: ,~'OUNTY TREASURER'S NOTICE ON REVERSE SIDE, , COMBAT VET STAR-BASrC 08 7985 1,035 COUNTY/TOWN 920 SCHOOL 12~,.7,,/,,0.4 / 2,200 ~, 9,800 Devlin David T & 100% OF FULL Vi 657,718 TOTAL TAX AMOL 5,107.03 76.90 1,608.53 TAX LEVY o2004:2005 DETACH [NT ~ RETURN BOTH STUBS ECK PAYABLE TO GEORGE R. SULLIVAN. RECEIVER ( P NO. ON FACE OFTHE CHECK. PAID BY: ,'::E] ASSESSED!" !'r~ OTHER J Devlin David T ~£R'S NOTICE. 885.35 TOTAL TAX LEVY ~' 7,677.81 THIS TAX MAY BE PAID IN ONE OR TWO INSTALLME SUFFOLK COUNTY TAX MAP NUMBER 473889 70.-4-23 3,838.91 7985 The following bank branches located within the Town of Southo[d accept payments during regular business hours: Bridc~ehampton National Bank, Bank of America. North Fork Bank. Suffolk County National L~TqAA qFirlrlrlrlll rl?R y7q7~q RFIT~ g R qrlrlflRflRR DUB ~ ~ ~],RR 7h77~% q '~ BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ,~0 ACTS (INDMDUAL OR CORPORATION) !t')'t- STANDARD NYBTU FORM 8007 THIS INDENTURE, made the ~d~ day of June, 2005 DAVID T. DEVLIN residing at 1175 W. Hill Rd., Southold, NY 11971 party of the first part, and DONNA WEXLER, residing at 200 Castle Hill Rd., Cutchogue, NY 11935 parey of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other lawful consideration, law~l money of the United States, paid by the party of the second part, docs hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party &the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, County of Suffolk and State of New York. SEE SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF The grantor herein is the same person as the grantee in Deed dated 6/15/04 recorded 7/30/04 in Liber 12334 CP 230 and deed dated 9/25/96 recorded 10/7/96 in Liber 11796 CP 03. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HA VE AND TO HOLD the premises herein granted unto the par~ of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the par~ of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "parW" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above writien. DAVID T. DEVLIN Pclicy No.: 3805-00334 SCHEDULE a DESCRIPTION ~ THAT CERTAIN PLOT, PIECE, OR PARCEL OF LA~, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUN~ OF SUFFOLKAND STATE OF NEW YORK KI~OWN AND DESIGNATED AS LOT NO. 2 AS SHOWN OE A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" /lArD FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673, BEING MORE PARTICULARLY BOUNDED ~ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF WEST HILL ROAD DISTA/~T 156 FEET RASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD FROM THE COP~NER FORMED BY TEE INTERSECTION OF THE SOUTHERLY SIDE OF WEST HILL ROAD A/~ THE EASTERLY SIDE OF WELLS AVENUE; THENCE SOUTH 88 DEGREES 52 MINUTES 40 SECONDS EAST /kLONG THE SOUTHERLY SIDE OF WEST HILL ROAD 100 FEET TO A POINT; THENCE SOUTH 0 DEGREES 46 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE NORTH 88 DEGREES 53 MINUTES 40 SECONDS WEST 100 FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 00 SECONDS WEST 200 FEET TO THE SOUTHERLY SIDE OF WEST HILL ROAD, THE POINT OR PLACE OF BEGINNING. FOR INFOR~TION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 023.000 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the/O day of June, 2005, before me, the undersigned, personally appeared DAVID T. DEVLIN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC DEED Title No. DEVLIN Section 070.00 Block 04.00 Lot 023.000 County or Town SUFFOLK To WEXLER Return By Mail To: WILLIAM PRICE, JR., ESQ. P. O. BOX 706 GREENPORT, NY 11944 Reserve This Space For Use Of Recording Office ENDORSEMENT Attached to and made a part of Policy No, 3805-00334 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. Thc following is added to the insuring provisions on the face page of this policy: Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated: 06/16/05 Authorized Signatory Note: This endorsement shall not bc wild or binding until countersigned by an authorized sigaatorja STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITHALTA OWNER'S POLICY (10/17/92) CHICAGO TITLE INSURANCE COMPANY ENYEO92C CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Title Number Effective Date June 16, 2005 Amount of Insurance $945,000.00 2. The estate or interest in the land which is covered by this Policy is: FEE SIMpT,E 3. Title to the estate or interest in the land is vested in the insured by: A DEED MADE BY DAVID T. DEVLIN, TO THE INSURED, DATED 06/16/05. 4. The land referred to in this Policy is described as follows: -s~ ATTACNED DESCRIPTION- O91C Authorized Signatory Policy No.: 3805-00334 SCHEDULE A DESCRIPTION ALL T~AT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN Ab-D DESIGNATED AS LOT NO. 2 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIA~NING AT A POINT ON THE SOUTHERLY SIDE OF WEST HILL ROAD DISTANT 156 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD FROM THE CORNER FORMED BY TEE INTERSECTION OF THE SOUTHERLY SIDE OF WEST HILL ROAD AND THE EASTERLY SIDE OF WELLS AVENUE; TEENCE SOUTH 88 DEGREES 52 MINUTES 40 SECONDS EAST ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD 100 FEET TO A POINT; THENCE SOUTH 0 DEGREES 46 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE NORTH 88 DEGREES 53 MINUTES 40 SECONDS WEST 100 FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 00 SECONDS WEST 200 FEET TO THE SOUTHERLY SIDE OF WEST HILL ROAD, THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 023.000 PLEGAL Policy No.: 3805-00334 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. NO TITLE IS INSURED TO ANY LAND NOW OR FORMERLY LYING IN THE BED OF DREDGED CANAL, ITS ARMS, BP~ANCHES OR TRIBUTARIES BY WHATEVER NAME CALLED. EXCEPT RIPARIAN RIGHTS AND EASEMENTS OF OTHERS TO A/iD OVER DREDGED CANAL, BUT POLICY DOES NOT INSURE ANY RIPARIAN RIGHTS OR EASEMENTS IN FAVOR OF THE OWNER OF THE PREMISES HEREIN. EXCEPT THE RIGHT OF THE UNITED STATE GOVERNMENT TO ESTABLISH HARBOR, BULKHEAD OR PIERHEAD LINES OR TO CHANGE OR ALTER ANY SUCH EXISTING LINES AND TO REMOVE OR COMPEL THE REMOVAL OF FILL AND IMPROVEMENTS THEREON (INCLUDING BUILDINGS OR OTHER STRUCTURES) FROM LAND NOW OR FORMERLY LYING BELOW THE HIGH WATER MARK OF DREDGED CANAL WITHOUT COMPENSATION TO THE INSURED. EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF NEW YORK AND THE TOWN OF SOUTHOLD OR ~ OF THEIR DEPARTMENTS OR AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS, LAND UNDER WATER AND LAND ADJACENT THERETO. PREMISES HEREIN ARE LISTED AS EXEMPT OR PARTIALLY EXEMPT FROM REAL ESTATE TAXES. PURSUANT TO SECTION 302, 494 OR 520 OF THE REAL PROPERTY TAX LAW, THE SAID EXEMPTION TERMINATES IMMEDIATELY UPON THE TRANSFER OF TITLE BY THE OWNER ENTITLED TO SUCH EXEMPTION, OR MAY TERMINATE UPON HIS DEATH, AND THE SAID PREMISES SHALL THEN BE TAXED PRO RATA FOR THE UNEXPIRED TERM OF THE TAXABLE YEAR, AND SUBSEQUENT THERETO, AT THE FULL VALUATION THEREOF WITHOUT BENEFIT OF SUCH TAX EXEMPTION. SURVEY MADE BY JOHN C. EHLERS LAND SURVEYOR DATED 5/17/05 SHOWS: 1 STORY FRAME DWELLING GARAGE AND WOOD DECK, WALK, WALL, WOOD BULKHEAD WITH DECK EXTENDING INTO JOCKEY CREEK, STONE DRIVEWAY EXTENDS INTO PREMISES ADJACENT ON THE WEST AND SOUTH, FENCE AT VARIATIONS WITH PART OF EASTERLY LINE. 7. POLICY EXCEPTS EASEMENT RIGHTS OF OTHERS THAN THE INSURED OVER THE STONE DRIVEWAY EXTENDING ONTO PREMISES ADJACENT ON THE WEST AND SOUTH. 8. RIGHTS OF TENANTS OR PERSONS IN POSSESSION. 9. WATER AND SEWER CHARGES, IF /kNY, NOT INCLUDED. BSCHD -SCHEDULE B- .'ALL M06RINGS AND STAKES MUST DISPLAY VISIBLE MOORING NUMBERS ALL ·DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS Board Of $outhold Town 'frustees SOUTHOLD, NEW YORK Mooring J N/A PER,~H!T ,~,~O ...... ~..g..~.8_ ............ OAT'l~t Augu s t 2 8.~ 9 8 5 Agnor & Elaine .Benson ISSUED TO .............. : ....................... ~.._....~.::_;...'.:.;.= .................................................... Pursuant fo the provisions of Chapter 615 of the Laws of fJm State of New YorJ~, 1893; and Chapter 404 of the Laws of State of New Yore 1952~ and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and fhe REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER-TOWN WATERS? and in accordance .with Resolution of The Board adopted afa meef~ncj herd on A"gus.t:2~, . . ..~:~:!.9...85...;.,' and in consideration of the sum' of $....5..,._0..0 ........... .pald .by ." of ,~Ou~..g~ ....................................... N. Y. and ,ubject to the Terms and Conditions ]isled on the reverse side hereof, of Soufhold Town Trustees author;zes and perm;ts the following: ' Application approved under the Grandfather Clause · .to secur, e a permit for & bulkhead and dock in Southold' ' all in a6cor'dance with the application submitted. Ill in accordance with the detailed specifications as presented in fha or[g[nafing application. IN WITNESS WHEREOF, The sald Board of Trustees Junta- by causes its Corporate Seal fo be affixed these lo be subscribed by a .majorify of the as . TERMS and CONDITIONS The Pe~mhxee Agnor & Elaine Benson ' ~idh~gat 1175 H~ll Road, Southold l~iag: ~. ~ha~ ~he Sou~ho~ Trustees Perm~L , ?. '~, ~ ~e ,~ B~d of T~s ~d ~e To~ of ~u~old ~ ~l~ed from ~ ~d work "'-....) ~ ~g~ or ct,J~, for d~g~, oI ~u ~g ~I or ~y ~ · r~r ot ~I o~- und, . O~n ~tfo~ p~ to ~S ~ ~d ~e ~d P~tt~ ~ ~ ~ or h~ o~ ~ the ~& t~pec~ ~c[o, m ~e ~mplcte. ~d~ion of ~e ~d of T~cee~ ~f ~e Town d ~old 3. ~ac ~'Pe~c h v~d io~ a ~ of 1 7 s~fficien~ ~e r~ulr~ to complete ~e work ~volv~ but ~ould /or m ~ion may be ~de to &e ~d at a later dat~ 51. That the work invol~ed writ be subject to the inspection and approval of the Boa.rd or agents, and non-compLiance with the provisions of the orlglnating appli~tlon, may be oa.~e/or n-vocatlon of thls Pennlt by ze~oludon of the said Boa.rd. 6, Thac there will be no unzeasonable interference with oavlgadon a~ a re.-~rlt of the work hc~cln ~ud~orlzed. 7, That thoro'shall he no interference with the right of the public to pass and repass along the beach between high and low water masks. 8 · Th~t Lf furore operatlon~ of the Town of Southold require the removal and/or a/terago~xs in the location of the work herein authorized, or U. ;" the opinion of the Bo~d of Tn,~te~'% thc work sh~U cause utaea.sonable obstrucuon to free naxdgadoo, the said Port'tree wiR be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of ,Sou thold. 9. That th," said Board will he notified b~ the Permicree ot 'the completion ef the work 0,;,~ (See tear off sheet.) 10. Th,'~C the P~rmittee will obtain alt other permits and consents chat may be requlxed pl:ment~l to this permlc which may be s~bject to revoke upon failure to ob~;- same. New York State D~artment of Environmental Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us C~servation LETTER OF NON JURISDICTION - ARTICLE 25 Ms. Donna I. Wexler 200 Castle Hill Road Cutchogue, NY 11935 Re: Application #1-4738-03511/00001 1175 West Hill Road, SCTM # 1000-70-4-23 December 5, 2005 Dear Ms. Wexler: Denise M. Sheehan A~ng Commissioner Based on the information you have submitted and a review by our technical staff, the Department of Environmental Conservation has determined that: The property landward of the bulkhead greater than 190 feet in length and constructed prior to 8/20/77 as shown on the survey prepared by John C. Ehlers last revised 08/03/05 is beyond Article 25 (Tidal Wetlands Act)jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentatio, n, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay b~ Please note that this letter does not relieve you of the responsibilityfrf obtaining any necessary permits or approvals from other agencies or local munic~alities./' ~/ ~(~cerely// // ~ ;Vlr~it Administrat°r cc: BMHP file Donna Iglesias- Wexler 1175 Hill Road West Southold, New York 11970 (631) 765-9304 cell (631) 838-1000 fax (63t) 765-9301 October 4, 2007 Southold Town Zoning Board of Appeals Southold Town Hall PO Box 1179 Southold, NY 11971 Re: Re-Application for Waiver under Section 100-26 of Donna Wexler, Gertrude Iglesias and David T. Devlin Dear Ladies and Gentlemen: Enclosed please find one original and six sets of information that was not presented at the original hearing 2005, relating to the above referenced matter. Please review this matter with open hearts and minds, so that you can advise my mother and me how to proceed with this matter. In advance, we thank the Board for it's time, patience and understanding. Very truly yours, Donna Iglesias - Wexler 10/04/07 Devlin, Wexler and Iglesias Properties New Information that was not presented at the initial hearing 10/04/07 Summary of New Information Objective Facts · Lot22 (1275W. Hill St.) and lot 23 (1175 W. Hill St.) are adjoining lots that were individually owned by an unmarried couple (Ms. Collins and Mr. Devlin) who had been together for 30 years · At the base of this matter is the fact that these properties were joined for estate planning purposes, not because the land was unsuitable for building · Both lots were originally purchased as buildable lots at a higher purchase price, by both the original owners, Mr Devlin and Ms. Collins and later by, Ms. Wexler and Ms. Iglesias · Separate title searches done by Chicago Title Insurance Company on June 16, 2005 confirm that these lots are single and separate (See Appendices) · In addition, the county and state still show these properties as separate, residential lots and are taxed as such · Therefore, all indications are that these are still separate lots · Both lots are of size which is consistent with other properties in the area (refer to map of Calves Neck) 10/04/O7 Summary of New Information, continUed Personal Hardship Issues The properties were purchased with the intention of building of a separate residence on lot 22 for Gertrude Iglesias, who is 87 years of age and ill with cancer This was to provide separate residences for each Ms. Wexler and Ms. Iglesias, so that they can live in close proximity, allowing Ms. Wexler to be guardian and care take of Ms. Iglesias Each felt that they need separate residences to ensure a workable arrangement that will keep them both mentally and emotionally comfortable They also have estate planning and financial concerns, which would have been solved by separate residences The intended home on lot 22 has not been given a building permit In order to create an more immediate suitable residence that would house both, they attempted to build a second story on the existing house on lot 23 Expenses in the amount of $50,000 were incurred for two different architects who created unbuildable designs, confirmed bylocal engineers The last year and half has caused an extreme financial, emotional and mental burden on both women The situation has caused documented medical problems for Ms. Wexler Recently, due to Ms. Iglesias deteriorating health, Ms. WeXler was forced to purchase an additional residence, which meet their living needs at this time · The purchase of a third property has caused, an extreme fina. nc. ial ,hardship for Ms. Wexler, due to the large mortgage of $2.3 million having a mlntmal tncome to repay it The local real estate brokers have advised that, in order to recoup the investment of onginal purchase of both lots and renovations made, that these properties would need to be sold as separate buildable lots 10/04/07 '~ 4 In Conclusion Ms. Wexler and Ms. Iglesias ~ request that the Board take this issue, objectively view the facts which speak for themselves and restate the proper zomng for this land, so that they can recover their investment in these properties and repay the mortcja~e, which is weighing heavily on both - - - A..nyone who is taking care of an ill elderly parent, 24/7 d~fficulty this can generate for any family knows the emotional In addition to the objective aspects of this discussion, Ms. Wexler and Ms. Iglesias are Iongterm, contributing members of this community and wish to continue to livehere · As a community, we should encour.a..ge close and personal care for our elders, as well as, our younger fam~hes 10/04/07 Detailed Background Information Information on Lot 22 and 23 · Lot22 (1275W. HilI St.) and lot 23 (1175 W. Hill St.) are adjoining lots that were individually owned by an unmarried couple (Ms. Collins and Mr. Devlin) who had been together for 30 years. The lots were bought with their separate monies and were held in separate names until 2004 The decision to merge the lots was made exclusively for estate planning purposes by Ms. Collins to protect Mr. Devlin's and his heir's right to inherit the lots Ms. Collins was very ill with brain cancer at the time she signed the papers, possibly not capable of considering the entire impact of this decision. Her lawyer disapproved and wrote her a letter stating his concern regarding this merger, advising her not to proceed Ms. Collins died in May of 2003 The merger of the lots on town records was completed in 2004 However, to this day the lots retain separate tax numbers and lot numbers on the county tax map 10/04/07 6 Detailed Background Information, continued Information on Lot 22 and 23 · After Ms. Collin's death, Mr. Devlin inherited her share of the joined properties in 2004 · Mr. Devlin decided to sell the properties · Ms. Wexler was looking for two adjoining properties large enough to build two homes, one for herself and one for her 85 year old mother · She was told, by Mr. Devlin, that the properties could be redivided easily and Ms. Wexler proceeded to purchase the two properties · Single and separate title searches confirmed that both properties were separate and zoned as buildable lots (see attached appendices) · The lots were purchased separately, one in Ms. Wexler's name and one in her and Ms. Iglesias' name (see appendices) · Mr. Devlin, being the current owner of the property, signed the ^pptication for Waiver, Under Section 100-26 in May 3, 2005. He was in favor of the subdivision of his property · The properties were joined only in the town records for less than one year from the time of the merger, until the request to unmerge the properties · Both properties continue to have separate deeds, address, titles, tax bills and are shown as individual parcels on the county tax map, indicating that they are two separate pieces of property · The lots in question are consistent with the other lots in the area of Calves Neck 10/04/07 ¢ 7 ,.~'% Detailed Background Information, continued Original Reasons for Purchasing Two Buildable Lots in Calves Neck Both women wished to remain in Southold and felt the properties on West Hill would have allowed them each to have separate and functional living arrangements This would have given Mrs. Iglesias close access to her daughter and the care she provides her on a daily basis, as well as, accessibility to her local activities in Southold Town, while preserving her freedom to live a full life Ms. Wexler and Mrs. Iglesias also have estate planning concerns, which would have been solved by separate residences, with two separate names on the deeds - Mrs. Iglesias wanted a separate home which she could have afforded herself and didn't want to be concerned about being evicted by Ms. Wexler's heirs, in case she predeceases her - Two separate homes and lots would have allowed for this financial planning - Alternately, a larger house with two separate living quarters could not be separated, forcing Ms. Wexler to move from Southold upon her mother's death Ms. Wexler invested $50K in architectural, permits, legal and environmental expenses for these properties "~ 8 10/04/07 Detailed Background Information, continued Personal Background Information · Both Ms. Wexler and her elderly mother Gertrude Iglesias, are long time residents of Southold Town · Mrs. Iglesias, whose is Marc Iglesias' widow, was born in East Marion and has ancestors dating back to the 1760's · Both mother and daughter are very active in the community, both as volunteers and charitable contributors · Ms. Wexler has become Mrs. Iglesias caretaker · Although Mrs. Iglesias is independent in spirit, she is no longer able to live alone and has moved into her daughter's house temporarily but her daughter's home does not afford her a fully functional and separate living space which she is used to · In order to avoid placing Mrs. Iglesias into a nursing home or an assisted living faculty, they decided to build adjacent homes, allowing Ms. Wexler to monitor her mother and have space for a live in caretaker when the time arises · Mrs. Iglesias' house in East Marion was been sold, in order to provide funds for her new home · Ms. Wexler sold her large house in Cutchogue, as she can no longer afford the expenses, due to a divorce 10/04/07 ~ 9 Appendices Application for Resubmission Power of Attorney Application for Waiver Waiver of Merger Statement Lot Waiver Questionnaire ZBA Questionnaire Disclosure Form Notice of Disapproval (2) Chain of Title List Property Documents of Lots 22 & 23, Individually - Surveys- - Original Survey · Proposed construction - Real Property Transfer Report - Town of Southold Property Tax Bill - Bargain and Sale Deed, showing different owners - Combined Real Estate Transfer Tax Return - Peconic Bay Region Community Preservation Fund - Single and Separate Title Searches-Chicago Title Insurance Company, dated 6/16/2005 - Copies of current County Tax Maps - Town of Southold Dock Repair Permit - NYS DEC Letter of Non Jurisdiction-Article 25 ~-~ 10/04/07 ~- 10 Appendices, Continued · Town of Southold Property Records - Town of Southold Property Cards - Certificate of Occupancy for House - Original House Design 10/04/07 of Trust~es Application AUT~IOILI ZAT~ON (where the applicant is not the owner) owner of ~operty) residing at ~3 0 ~.,~y~_ ~%~ (mailing address do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (~ner' s ~.~at~e) MELANIE DOROSKI NOTARY PUBLIC, State of New York No, 01D04634870 Qualified in Suffolk County _ ,,., Commission Ex,oires September 30,'7A) ~J b 8 APPLICATION FOR WAIVER UNDER SECTION 100-2 6 This review is for lots which have separate deeds recorded prior to 1983 and'undersized. ^ mer§~r determinstioo has been issued by the Town Building Imspector /copy attache4)~.t The zoning of my parcel is presently: ~(' ~O The size requirement for this zone is: ,~OfOO~ square feet per parce['. County Tax Map Parcel Nos: 1000 ~ - /f ~ I (we), , as owners of the contiguous fats shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "whiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. [ hereby submit all of the following documents for reliance by the Town of Southold in making this review determlnation: 1. Copies of my recent tax bilk for both (all) Lots. 2. Copies of deeds dated prior to dune 30, ~983 for all 10t 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refun'dable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of $outhold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application~ I hold the Town of Southold free and harmless from any and all claims sad liability resulting from the issuance of a waiver. (applicant and Owner) (Appl lcant and Owner) A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(to continue on next page)- APPLICATION FOR WAIVER UNDER SECTION 100-2 6 This review is for lots which have separate deeds recorded prior to 1983 and-undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: ~- ~0 The size requirement for this zone is: c~,~d~O square feet per parcel'. County Tax Map Parcel Nos: 1000 00 ~ ~9~ I (we), , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "wAiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. [ hereby submit all of the following documents for reliance by the Tow. o£ $outhold in making this review determination: 1, Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to Q~jne 30, 1983 for ell lots. 3. Copies of current deeds of the .parcels under review. 4, Copy of the current'Cdunty Tax Rap for my neighborhood. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. &.aioplicant and. Owner) (Applicant and Owner) Sworn to before me this PATRICIA C. MOORE N * Nota~ Public, State of New York Suffolk County. No. 4861668 Commission Expires June 16,~¢'~ A Waiver is hereby approved denied (delete appropriate based upon the above documentation. action) Issued by Reasons for application(to continue on next page). WAIVER OF MERGER The two parcels are lots in Map b,f Calves Neck file~e parcels are served by public Water, were developed with Plannih'gtma~and the neighborhood at Calves Neck is a well established and substantially developed subdivision. Lot 22 (SCTM#1000-70-4-22) was purchased in 1996 by Lora S. Collins. At the same time lot 23 was purchased by David T. Devlin and Lora S. Collins. They each contributed V2 of their resources to purchase the two properties. Mr. Devlin and Ms. Collins were not married, however, Mr. Devlin and Ms. Collins had been together for 30 years, Mr. Devlin has a child and grandchild from a previous marriage. Ms. Collins had no children. She considered her husband's daughter her own child. They intended to preserve the integrity of the properties as single and separate lots, they purchased the lots separately, paid separate taxes and left the lot undeveloped. The lots remained separate until 2000. Mr. Devlin and Ms. Collins were preparing their wills and undertaking estate planning. Ms. Collins wished to protect Mr. Devlin's daughter and granddaughter. They both anticipated that Mr. Devlin would pass away first due. to their ages. If Mr. Devlin passed away first Ms. Collins would have use of ½ of the prolSerty and the lot was already owned by Ms. CollinS. This could result in the lot passing the properties to Ms. Collin's heirs rather than to Mr. Devlin's daughter. She wished to be sure that ,the property would, upon their death, be given to Mr. Devlin's daughter. They found that without complicated estate planning, the two lots could end up merged by death or potentially pass to Collin's family. They became' frustrated and tiered of worrying about the property, Ms. Collins placed the property in both of their flames to protect Mr. Devlin's daughter. Unfortunately, within a short time Ms. Collins became very ill and passed away May 2003. Mr. Devlin became the sole owner of the house and lot. Consequently, even without the transfer of the lot into both their names in 2004, the death of Ms. Collins would have resulted in the merger of the properties. Mr. Devlin wishes to un-merge the properties. Th~eir decision to transfer the property to__the same names w..as influenced solely by issue~ o~i----her'~"-'/t,~e"7 The unfortun~--ate co-'~eque~at their concerns were in vain since Ms. Collins died first. The two parcels were carefully purc__hase~~epa.rat_e~__fi.~__ds., maintairmd_ae4~.rate tax_ ~bill_~nd continued to retain their se_para~a__ct_es, The lot is a v-aluable waterfront property. The properties are in contract with Donna Wexler who wishes to build a small home for her elderly mother. Ms. Wexler loves the home and property, is relocating from a large home in Cutchogue (after a divorce) and the lot would enable her mother to maintain the independent living which she has always enjoyed within proximate location to her daughter. (1) THE WAIVER WILL NOT RESULT IN A SIG~SE IN....TH-E-- - -- DENSITY OF THE NEIGHBORHOOD~/ '~ ~ A review of the Calves Neck subdivisiofixof ~58 lots on ½ acre parcels', 0n~three lots / inclusive of the subject property remain vacant. The other two lots are owned by individuals with no common ownership of the adjacent property. The subdivision has been substantially developed, lovely large year round homes and a very stable neighborhood. The house is similar in size to the surrounding homes, the adjacent lot is appropriate for a single family residence. The contract vendee, Donna Wexler, intends to build the home on the lot for her mother. Her mother is very independent of spirit but reaching an age where she must be closely monitored. As her age progresses the house next door will become invaluable to Ms. Wexler. (2) THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE SIZE OF LOTS IN THAT NEIGHBORHOOD The Calves Neck community consists of ½ acre lots, consistent with the size of lots within ½ mile of the Hamlet of Southold. The Calves Neck community is extremely desirable neighborhood of ½ acre lots. As is obvious by the Tax Map this community is developed with acre parcels, a drive by the neighborhood shows well cared for and valuable year round homes on each parcel. (3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP The parcel is considered a waterfront lot with access to the canal. The house was developed on lot 2 and lot 1 was preserved vacant and suitable for development. (4) THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS AND SLOPES OF THE LOT WILL NOT BE SIGNIFICANTLY CHANGED OR ALTERED 1N ANY MANNER, AND THERE WILL NOT BE A SUBSTANTIAL FILLING OF LAND AFFECTING NEARBY ENVIRONMENTAL OR FLOOD AREAS The lot is fiat, dry with no wetlands or environmental constrains limiting the construction of a single family dwelling. :-, /~-~/'~~ LOT WAIVER Q)UESTIONNAI~RE · , .- What are t? square_footage and dimensions of this lot (subject of building merger apphcaUon):~ioo~ s.f. Io:t~ ff. by ~2 +- ff. Date of first deed which created this lot: - uate or current deed to presen~ owns: Owners' names of lot at current time: '~x (~ Date and name of su~ivision (if any): ~ Size of remaining lot in the merger: ,~c~, oOc~ s.f. I __No ~/ Were there any building permits issued in the past for this lot: Yes If yes, please provide copy of former permit and map approved. ~' ~er,e there any County Health Departm~qt approvals in the past for eithe~lot? No ,X · if yes, please provide a cop~. ~t~,~LYL,~,~L~-~ ~-'f~l~'~'~,?' Were they any y/acant land Certificates of Occupancy requested in the past? Yes No ,~". [[ yes, please provide a copy. Yes Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property in any way)? Yes __ No .-~. If yes, please provide copy (if available), or explain: is there any building or structure, suct~ as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No../~' Yes __ ~f yes, please explain. How many other vacant lots are on the same block and immediat~ neighborhood? Please note other approvals or oth.er information about common ownership of these lots: ~ am an owner of the subject lot and the above information is provided to the best of my knowledge. (Cop, les noted above are attached.) Dated: Owner's Signature IT.. YOU~. ~R ~ILI~[G w APPLiCATIOM A'. Please disclose the names of :the owner(m) and any other individuals (and entities) having a fimancial !~terest in the subject pr~ises and a descr±ution of t~keir interests: (S,~eparate she. A_t may be attached. } B. Is the subject premt~es ].~t~ on the real esr_aTe market for sale or berg show~ to prospective buyers? {J~ Yes 2. Ar~ the wetland areas shown on the map s~hminted witch this application2 ~O the upland bu/ld~ng area? 4. ' If yoU_r propertz conta~n~ w or pond ~reas, have yOU comtacte~ the office of the Tow~ T~-ustees for determination of jur±sdiction? E. Is there a depression or sloping e!evat±on ne=~r the area of proposed const~--uctiou at or below five feet above me~ sma level? ~C% (If not app~c~le, state F. ~e ~ ~ pa~os, con~te b~rier~, b~eads ~ w~ch ~ ~ ~ not ~h~ ~ ~e s~ze~f mmp ~at ~ou ~' S~t~g? '~ If uone exist, please stat~ "~o~." or your bulling pe~it ~ mad as approved by the Building -- Depar~ent. If no~e, please- state. ~- Do you or parc~l~ ~[ co-o~ner also ow~ other !and close to this If yes, please e~.Lain Where or submit I. Please iisi uresent use oD~ratians c~nductad_ at .... 3/S7, [Oltq]k ~O,O' FT_LiI[G wiT~.~ yOUR Z~.B-A._ Ap?LZ~CCATIO~[. 2. ~ tke wetl~d ~ sko~ om ~e map S~bm~ ~ a L .... he~aee2 ~e we~~ ~sz ~4 3. IS ~e ~ropez~'f o~eaae~ - . lave&? Iwu ~ .... ~ou have ~ co~t~c~on tak~q plac~ it t~s Dep~r~en~- I~ m6'ne, please stmte- oa~col~ y6~ If yes, please e~igin where or s~mi5 copies deeds. ~ ~ ....... 2 .... " l~r~ a V6~ IOF and APPLICANT TRANSACTIONAL DXSCLOSD~E FOIIM The Town of Soubhold's Code of Ethics prohibits conflicts of lnberes~ on the part of ~own officers and' employees. The purpose ol this form is ~o provide l~forma~ion,which can alert the town of possible conflIcts CE lnteres~ and a~low ~t to take whatever action is necessary ~o avoid' same. YOUR "Other," name the activity.) ownership cE (o~ emplo~men~ b~) a ~o~pora~ion [n which If you answered 'YES," compleL~ the balance oE ~hls form and Name of permon employed by the Towm of Southold Title or positio~ of that person Describe the relationship between you.rself (the applicant) and the town officer or employee.. Either check ~he appropriate line A) through D) and/or describe in ~he space provided. ' The town officer or employee or llis or her spouse, Sibl~llg, parent, or child is (check all that apply)~ DESCRIPTION OF RELATIONSHIP The Town of Souhhold,s Code of Ethics prohibits conflicts of al~ t_~e t~wn Of~ie conflicts o~- - it t~ take ~ at~r acm. l~r ~ f Lnteresb ~ allow .... ~=,, ~s necesSa~avo!d same, YOUR NAME: (Last name, first name, middie~lnl'~a'L, un~--~"ess ' NATURE OF APPLICATION: (Check a.lt that apply, J ~ax grievance Varia!~ce Approval of pla--~--' -- (If "Other,, nam~ the activity.) o-nership of .the town Officer ~Pfoy~e.t by)' ' a co,potation In ~h' appropriate line A) through D) and/or describe in the space p~ovlded, The town officer o~ employee o.r his or her spouse, slbliag, parent, or child is (check all that apply), Is a CO~poratlon)! co~poration)! appllcs6t: or DESCRIPTION OF RELATIONSUIp ~T~rl~.N,'~-'F OF LOT I OF: OALV~ 51TUATIE~5OOTHOLD N W+'E S JOHN C. EHLERS LAND SURVEYOR certificate is his genuine signsture. NO seal is necessary to be filed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Des /"- ( $30. CO U. S. I, R. ST~p CAN. ) THiS INDMNT~RE, made the first day of March Mar_~ch , nineteen hundred and party of the first part, and L. EARRON HILL and ADELAIDE H. HILL, his wife, of the ths~ the party of the first part, in c~nsideratlon of O~.~E ($1.OO) Dollar, lawful , money of the United Steres, paid by the parties of the second part, does hereby gr ALL that certain tract or psrcel of land situate at Southold, in the rowe icl Southold, Gounty of Suffolk and State of New York, containing by es~lmation 'name of Ce~ves Neck and bounded Northerly and Easterly and Southerly by the Creek beginning st the head thereof at the outlet of the ditch or r~n formerly of Benja- min L Prince,s land and thence r~nnln6 and being bounded by the said Creek until it comes to the head of'Booth,s Cove formerly so called, then bounded southerly through the meadow by the lend formerly of Samuel Dlckerson, thenc~ westerly by tht partly of J. ~enry Coohran, Sr., ~nd partly by BenJsmln L. Prince, then westerly by the meadow of benjamin L. Prince to the place of beginning. Also all such. rlgh !the head of Town Creek so called, tbs roadway thereto and t~e right of way over,t~ widower, to Margaret Wlnlfred Harper, his dauEhter, by deed dated June ~th, 1920' and recorded in the Suffolk County Clerk's Office in llber 998 of deeds at page 456 on June 4th, 1920 st 40 A.M. CONSULT TOUN SAWYER SEt-OldE S[GN[H'G THZS INLTRUMENT -- THiS ]NSTRUUEHT SHOULD BE USED BY ~WYEKS OKLY. ' ~- ~]S ~, ~de the ~ay of Dooombo~ , nhtetccn lnmdrcd and BEI'w~ L, ~RON ~ and ADE~DE H.*HILL, h~s wt~e, bo~h rosldin~ a~ Sou~hold~ 3uffol~ Co~t~, No~ Yo~k~ partyoftheflrstpart, and~ GEORGE AHL~RS, residing at Cutchoguo, ~uffolk Counby, Now Yo~k, and B~A~ ~N, ~e~din~ at 36~ ~st 69~h Street, No~ Yo~lc, pa.r ty of thc second part, WITr4ESSETH, that the party of the Iirst p2rt. in consideration oi ...... T~ ( ~10.00} ................. dollar~, la~ulmm~eyoftheUnitedS~tes. ~d o~ho~ ~ood and valuable consldo~a~lon~paid PARCE~ lyf~dbe~ng~ a% Southold, ~ ~h9 Town of 5outhold, Co~t~ of ~folk ~IN~NG at an l~on p~peton tho aouthwoste~l~ l~no of a p~opo~ud B - ._ ~ . t,~ ~.dt' NO.th ~ do~oos 21 minutes O0 socond~ bou~ 0 foo~, thence alon~ sa1 G; H. dells Estate, ~ 7~ . dl~t~co o~ ~ ~ de ees O~ m~nutos 30 suconds Jos~, a WOi~ ~state, No,th ~0._ ~ .~ ~ ~ '~ells Avenue; thence ~lon~ no~thoasto~l~lino, N~th 30 ~o~e~.~,~d of the ~a~tv'of tho fl~ pa~',. tance Of ~8.~ fo~t; ~n~O0 ~on~ ff-~ ~t a dta~oo-of ~97.81 foot the' ~oato~17 line of said ~opoae~ high. a7 ~o~n as Hill aoad_; 'line. ~outh 19 do~eoa a6 m~utoa O0 ~ocon~ ..oa~, a dist~oo ~ P · - .... ~ .......... s' ~11 ~outh 6U do~ooa ~J alon~ said southwes~e~zy i~os -wuo-~-~'~l~' ~henco (2) ~outh ~ ~tos ~0 SQO~ ~ - -- ~ a~n~n~fla of hg.~ foo~ to ~ho po~n g~oos ~1 minuto~ O0 seo~aa aaa., a of ho&~n~&. . A~ t~t coPta~ plot, p~eco o~ pa~ol of l~d, s~tuat~, 1~ ~d 3outh&ld, ~ tho To~ of ~ou~hold, Count~ of ~folk and State bo~ded ~d.descPZbod as at a' m~um~t ~u the eoutho~l~ l~o of a proposed 'bo ~o~ as ?BZdfa~ Road at~t~'northwo~to~l~ co~o~ of lan~ of FiXa~i; ~om be~n~Z ~tng along sald land of P[lavdi, South 21 10 aoe~ds i~esk, a distance of 18~.O foot to a monumen~ ~ UHi11 IL~.03 to bo known ao , degrees ~3 minat, ;; to an iron p, ipol thence geL, th- theuse ~ ; said ~aS ~r.~. ~t so~tain piot~ piemo oF bo_ing at 8o~thold, ~ tho To~ of 5o~t~old BBOI~ atma monfort on .tho no~th6~ly sa~a noPtho~ 1~o to. tho.ea~to~l , ...... ~ plpo~ thonoe &l~g-~..l~d of'h~tl~:~,,~ ~v~[~ ~-~0 ~ t~co ~1~ maid ~d ~ B~oa S'~t~,'~ t n e al~g said no~2~ly 1~o ~t~e'-d'6 ~ ,'. . TOGET~R with 'Hidfa~' fload" an~ "H121 H~d"~f~o~: 8ubJoctr to'th~ 'Fol ~ only+ 2~ T~ thg oonst~c~ion'~d ~ ~ ltm~tod 'to'oho ~o-f~il7 Fonid~co t o~ .LA sewago astmln~ £~om tho umo osm~ o£ in commpoola os in e~octsd .os maintainodo os sofues of any kin'd p X~iO'GO(I 'GO emp'Gy x,n'Go the,, heFein a~so to'kosp said ~ato~s ~ on ~s6nt 0£ .tho'ab0Vs'd6ms~fb6d ~o NO hossos; oo~s, cattlo, ~oato~ ho~f,."poultF~ oP ~cko ~ich in off~sive, ~sightly, u~ no~ ~ho ad{o~iu6 p~o~o~t{ oF to tho 6. ~ maid d~ell~ huuso o~ lded 't~ 1~00 aq~'fOe~ '~ ftoattons of a d~ollt~ hours by tho p~tio8 of tho fi~t · bulldtn~ tho o£ tho £isst untll mhall not bo unsoamonably All os any of tho abovo oovonmts ~nd ~oatsictiOns may bo altosod os annullod as to tho pFomiaoa d0~O~lbod hoFoin 6s as at ~ tiatsibutoesos.as~ Suffolk County Recording & Endorsememr Page LOT: 0~2.000 2705 Suflblk County Recording & Endorsemept Page SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Receipt Number ~ 04-0084587 TRANSFER TAX NUMBER: 03-54453 LIBER: D00012334 PAGE: 230 Distrlc=: Section: Block: 1000 070.00 04.00 :0~2.000 EXAMIN~DAND CHA~GED AS FOLLOWS Deed Amount~ $0.00 Recorded~ 07/30/2004 Atl 10~57=16 ~/4 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 COB. $5.00 ~A-CTY $5.00 TP-584 $5.00 RPT $50.00 Transfer tax $0.00 NO Handlin~ NO NYS SBCH~ $15.00 NO EA-STATE $$0.00 NO Cert.Copiss $0.00 NO SCTM $0.00 NO Canun. Prss $0.00 Fees Paid $147.00 THIS PAGE IS A PART OF THE iNSTRUMENT THIS IS NOT A BILL Edward P.Roma~ne County Clerk, Suffolk County Exempt NO NO NO NO NO Real Pmpeny 04032053 zooo o~ooo o4oo o22ooo TD__ ~lk County Recording & Endorsement Page SCHEDULE "A" · PARCEL I ALL THAT CERTAIN PLOT piece or parcel of land, with the buildings arid improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, designated as Lot 1 on Map entitled ~Map of Calves Neck" and filed in the Suffolk County Clerk's Off]ce on February 15, 1972 as Map Number 5673. PARCEL II ALL THAT CERTAIN PLOT piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in thc Town of S~uthold. County of Suffolk and State of New York, known and designated aa Lot ?/2 on a certain map entitled, "Map of Calvas Neck" and filed in the Office of the Clerk of the County of Suffolk on February 15, 1972 as Map No. 5673, bouhded and described aa follows: BEGINNING at a point on the southerly side of West Hill Road distant 156 feet easterly as measured along the southerly side of West Hill Road from the comer formed by the intersection of the southerly aide of West Hill Road and thc easterly aide of Wells Avenue; , :. - THENCE South 8g degrees 52 minutes 40 seconds 'East along thc southerly sldc of Wcs-t Hill Road~ 100 feel to a poinl; ¢, , i THENCE South0 degrees 46 minutes 00 ~'conds F-ant, 200 feet to;a point; ". ~ ; THENCE North gg degrees 52 minutes 40 seconds West, 1 O0 feet to a point; '~ THENCE North 0 degrees 46 minute~ 00 seconds West, 200 feet to the southerly aide of'West Ilill Road, the point or place of BEGINNING. SAID PREMISES BEINO COMMONLY KNOWN AS 1175 HILl. ROAD. SOUTHOLD, NEW YORK, 11971. i this 9th day of Janus 1939 (L.S.) RAYMOND L. WYCKOFF, Clerk --~'~, Recorded F.b. 16,1939 · i:P.~. ($30.OO U.S.I.R.STA~P CAN. ) 456 ua June 4th, 1920 ~t 20 A.~. ;premises for $15,OOO. and?leld by Sou~hold Sa¥1n~s Ban~ which the partieb hereto rd [i~ssaBeuqa Ne~ York as County'of~ Suffolk, and State of ' york, known and designated aS'Lo= No. 2 on a certain map lp of Calves Neck" and'filed ill the office ~of th~ County of Suffolk ~n February 15,' ~972,. as ~No. 5673. TOGETIIER ~ HOLD the SUFFOLK COUNTV CLERK 11796 ~;003 J I 0,§889 OCT 0 ? 1996 070.00 023.000 )RDING OR FILING. TOT. MTGi TAX, 20171 RECORD & RETUR2q TO TO DA%'%' T. DEVLIN and LORA $. COLLINS. Suffolk County' Recording & Endorsement Page This page forms part of the aC/ached Oeed made by: ,,Dccd. Mortgage, tlc.) DISTR~CT: SECTION: 8LOCE: 04,00 LOT: 023.~00 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 Receipt ~,~her : 04~0084587 TRANSFER TAX ~u~iBER: 03-54453 District: 1000 - Deed Amount: Section: Block: 070.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $0~00 Received Page/Filing C0E EA-CTY TP-584 RPT Transfer tax the Following Fees For Above Instrument TRANSFER TAX NUFfBER: $12.00 NO Handling $5.00 NO NYS SRC~G $5.00 NO EA-STATE $5.00 NO Cert.Copies $50.00 NO SCTM $0.00 NO Comm. Pres Fees Paid 03-54453 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Recorded: At: 07/30/2004 10:57:16 AM LIBER: D00012334 PAGE: 230 Lot: ! :022.000 Edward P. Romaine County Clerk, Suffolk County Exempt $5.00 NO $15.00 NO $50.00 NO $0.00 NO $0.00 NO $0.00 NO $147.00 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 Receipt ~,~er = 04-0084587 TRANSFER TAX NUMBER= 03-54453 District= 1000 .~iDeedAmount: Section: Block: 070.00 04.00 EXAMIN~DAND CHA~QEDAS FOLLOWS $0;00 Received the Following Fees For Above Instrument Exempt Page/Filin~ $12.00 NO ~ndling COE $5.00 NO NYS BRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $50.00 NO SCTM Transfer tax $0.00 NO C~nun. Pres TRANSFER TAX NUMBER: 03-54453 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Recordsd~ 09/30/2004 10=59:16 ~ LIBER: D00012334 PAGE: 230 Lot: 0~-2.000 Edward P. Romaine County Clerk, Suffolk County Exempt $5.00 NO $15.00 NO $50.O0 NO 60.00 NO $0.00 NO $0.00 NO $147.00 TORRENS" Prior Cfi. # Deed. Mortgage Instrument Deed / Morlga~ Tax Stamp I~=~ORDED L'I_EI~( OF L l)00012S~4 P 230 Recording / Filing $1amps P=ge ! ~ling Fee Handling ~, 00 ]'P-$84 Notation EA-§217 (,County) EA-5217 (State) .== R.P.T,S.A. _~) ~ Comm. of Ed. ~, QQ Al:fidnvll Certified Copy Reg. COpy , Other ' Sub Total Sub Total, Real Pmpeny 04032053 looo o?ooo 0400 022000 xooo 0~000 0400 0~3000 T~ ~mice Agency Verification Satlsf~ti~i~h~e~elc~ List ~p~ ~ M~ling RECORD & RE~ ~: Gn~ Flanner Olin, Esq. PO ~x 706 Cutehogue, ~Y 11935 Mortgage: A mt. I, Basic Tax 2. Additional T~x Sub T~ul Sp~c, / Assit, or ~./A~. ~. ~ TAX ~1 T~n Dual~ Held for Appoin~n~/ Marion T~ ~ ~ p~e~ cos~ by this m~gc ~ or will ~ i~ms~ by n one or two r~ily dwelling ~ly. ,-' Y~ ; or 'NO If NO..see appropriate tax clause on of this instrument, { Considc~tion Ameunt $ CPF Tax Due $ TD lC ] · Title Company Information o. Name None I 'Thle None # s I Suffolk County Recording & Endorsement Page This Page f°rms Ix~t °f the attached Exeeut°r~s Deed made by: ISPF. CIFY TYPE. OF INSTRUMENT) ~tnte or Lorn .~. Collln,s The pre mi.~ herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Sonthold Davlri T. Devlln In the VIL .l~kGE or HAMLET of ,~onthld ,BOXES 6 THROUGH 8 MUST BE TYPED OR PRIN t'i:l] IN BLACK INK ONLY PRIOR TO RECORDING OR [:'ILIN~ Stmudlrd N.Y~TU Form 80(}8- £%cculor°s D¢cd- Unffo~ Ac~led~em~n( ~$SUI.T YOUR L~'ER BE}~ SI(;~ING Tills IW~UME~T- ~IIS LN~I;AIEh~ SIIOIII~ OE USED ~V L~TE~S O~1.¥ THIS INDENTURE, made the ~ ~ ~ day of ~ ~ · 2004 BETWEEN DAVID T. DEVLIN, residing at 1 ! 7S Hill Road, Southoid, New York, 11971; and JOHN W. COLLINS, residing at 515 Watersedge Way, Southold, New York, 11971 as Co-executors of the Last Will and Testament of LORA S. COLLINS late of SUFFOLK County, deceased, who died on May 4, 2003, Suffolk County Surrogate's Court File Number 1063P2003 party oftbe first part. and DAVID T. DEVLIN, residing at 1175 Hill Road, Southold, New York, 11971 party of the second part, WITNESSETH, that thc party of the first part, by virtue of the power and a. uthority given in and by said lasi will and testament and in consideration ofTEN ($10.00) ' .. Dollar~4~, paid by. the party of the second part, does hereby grant and release unto the party ofthe second part, thc heirs o.r...successors and assi~s of the patty of the second part forever, _ ALL that certain plot, piece or parcel of land, with the buildidgs~ ~hd imProvements thege, qn erected,. situate, lying nnd being in the ....... . ..... ,. . ,, . .- SEE SCHEDULE 'A' ANNEXED HERETO BEING AND INTENDED TO BE THE SAME PREMISES CONVEYED TO DAVID T. DEVLIN AND LORA S. COLLINS, NOW DECEASED, AS TENANTS IN COMMON, BY DEED DATED SEPTEMBER 25, 1996 RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON OCTOBER 7~ 1996 IN LIBER 11796 PAGE 003 AND BY DEED DATED AUGUST 2000 RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON AUGUST 18, 2000 IN LIBER 12064 PAGE 275. TOGETHER x~4th all right, fide and intere, st, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all thc estate which the said decedent had at the time of the decedent's death in said premis¢~ a~.d .a!s.o thc estale therein, which the party of the first part has or has power to convey or dispose of. whether individual or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. SCHEDULE "A" · PARCEL I ALL THAT CERTAIN PLOT piece or parcel of land, with the buildings and improvements thereon erected, situate', lying and being in the Town of Somhold, County of Suffolk and State o£ New York, designated as Lot 1 on Map enlitled "Map of Calves Neck" and filed in the Suffolk County Clerk's Office on February 15, 1972 as Map Number 5673. PARCEL Il ALL THAT CERTAIN PLOT piece or parcel of land. with the buildings and improvements thereon erected, situate, lying and being in thc Town of Southold. County o£ Suffolk and State of Ncw York, known and designated as Lot//2 on a certain map entitled, "Map of Calves Neck" mad filed in thc Office of the Clerk of the County of Suffolk on February 15, 1972 as Map No. 5673, bouhded and described aa follows: BEGINNING at a point on the southerly side of Wast Hill Road distant 156 ~et easterly as measured along the southerly side of West Hill Road from the comer formed by the intersection of the southerly side of West Hill Road and the easterly side Of Wells Avenue; , :, THENCE South 88 degrees 52 minutes 40 seconds .East along the southerly side of We;~t Htll'Roadi 100 feet to a poi~l;, . ' .: t,-~ [,L;.,,,, ' ' ' THENCE South 0 degrees 46 minutes 00 seconds East, 200.feet to.a point; _THENCE North gg de~$ 52 minutes 40 seconds West, 100 feet to a point; THENCE North 0 degrees 46 minutes 00 seconds West, 200 feet to the southerly side of'W~st' Ilill Road. the point or place of BEGINNING. SAID PREMISES BEING COMMONLY KNOWN AS I175 HILl. ROAD, SOUTHOLD, NEW YORK, i 1971. ~I~ at Southold. T~wnof Southold, ~ou Office on 311nuary 22, 1979 ~r Liber RECOPJ} & RETURN 'Fo ~- ~, I ~ ~;~,...,...:fT:.'''~- .............. ::.:'::,::~,,,.,:::m:~. ~ ............... BLTWEEN HRRB~R~ W. t'~LLS Wells, IVA ( Survivin§~ Well'si, Deceased, and ALICE B. NELLS WELLS WARD,: s~ heirs at law'and Deceased, all residing at Southold, Suffolk County, New York,!. OPAL R. '.AKgCiN at $outhold, Suffolk:Count~, New ¥orkj - - - - .- 'siXTEEN:THOusA~D FI Southold, in'the'T0~n of Sou~hold, County of Suffolk of New yo~k, bounded'and'des~ribed ~sfollows: ~" .' BEGINNING at a monument on'the 'easterl~ li~e of Wells A~enue' the ndrthwesterly corner of land now Or fo~ine~ly of Opal Aksciff, said point o'f. beginning being the southwesterly co~ner of ~and herein ' described; from said point of beginning running along said easterly line of Wells Avenue, four courses:, (1) North 57 degrees 00 minutes West, a distal 3.0 feet; thence (2) northerly on a curve ~othe right having. a ~iS~nce of 198.30 feee; thence'.(3) North21 '50seconds East, a distance of'84;07 feet; th a:~u~e~to'.the left having. ~radiu~)of. 249.59 190;23'~feet to land now Or, ~omerl~'ofAhlers ~hefic~ .aldng said land. now or fomerly!of courses:. (i> ~outh 19 de feet; thence (2) Sou ainutes ~tanceof 278.32 southwesterly near the Akscin; BEGINNING. -, : pa,rtie.s of the first slid more or ~l~and and and:lands under i' the/irst , Creek in front of ilne' ',thereof* ~ OPAL' R. AKSCIN, r! ~yoi~efirstpatt, and I 'LEFFERTS Po EDSON, resid~ng southold, New YOrk 11971,1 ~! Oarty of the second paFt, : <: ? · :...~..,~f~*~ts that the patty of the ~rst part~ Jn ( < /:Ten ($10.00) p~i~ ~laWfut money of the Umted States, and by the pa~ Of ~e se~on~ p3~, d~es hereby ~nt ~d r, , su~ssors and assigns of the paf~ of sltuatel t ~flam plot, plcce or parcel of land w · the I .ALLtba ' ' ~ -~ ~ntV of suffbl~ ~ZWells Avenue, four cour~s- distance of 93.0 feet,, thence (1) North, 57 degrees 00 minutes (2) northerl~ on a curve the leit having 190.2] £eet, to land n°w or ' e,along said land hOWl (1) South 19 degrees 09 £eet;,thence distance of 278.32 thence 'sou~hweste~lY'~rOs~ ',a tie llne course Sour~ ~ortheaeterlY 3) North ~6f',249.5! ,of Ahler~ ra4iu~ of 139.38 feet. degrees 3~minuteS: with thefirs~ ! TOGETI~R' ~ith thef creek~n front C line tnereo~. ,- ~ , : SUFFOLK COUlqTY~LEP~K RECORDS OFFICE RECORDING PAGE Ty~e of Inst=ument: DEEDS/DDD Nua%ber of Pages: 4 TRANSFER TAX NUMBER: 00-44255 District: Section~ Block: 1000 070.00 04.00 EXAMI/TE~, AND CHARGED AS FOLLOWS Deed Amount: $0~00 Received the FollOWing Fees For Above Instrument Page/Filing $12.00 NO Handling COE $5.00 NO EA~CTY EA-STATE $25.00 ' NO TP-584 Cert. Copies $0.00 NO ER SCTM $0.00 NO Transfer tax Con~.Pres $0.00 NO Fees Paid TRANSFER TAX NI~MBEE: 00-44255 THIS PAGE IS A PA~T OF TH~ I~STRLTMEATT Edward P.Romaine County Clerk, Suffolk County Recorded: 07/03/2001 At: 03=19:34 PM LIBER: D00012127 PAGE: 654 Lot: 021,000 Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $72.00 TORRENS TD 'I-D Tide Company Informatiun Title # Suffolk County Recording & Endorsement Page 'll~s page fom~s gatt of the aUached (~t Y&' f~,t~, m~de by: (OVER) NO CONSIDERATION Quitclaim Deed SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF BEING AND INTENDED TO BE th~ same prcmJ scs conveyed to the Orantor~ by I~ed daled October 2~, 1977 ;md recorded in the Suffolk County Clerk's Ofllc¢ on any streets and roads abutting the above-described prem s~s to ~h~ ccntcr lines ~hcrcof' total ofth~ s ~a~..e for any o~her purpose. The word "po~y~ sh~l be <olkstrued as il' k SCHEDULE A 5'JFFOLK ALL that certain plot. piece or pamcl of land, with buildings and improYements thereon ~rcctcd. situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and being more particularly bounded and described ms follows: BEGINNING at a point at the corner fornted by the intersection of the soutberly side of West Hill Road and the easterly side of Wells Avenue: RUNNING THENCE South 19 degrees 09 minutes 10 seconds East 261.18 feet: · RUNNING THENCE South 75 degrees 56 minutes East 129.35 feet; RUNNING THENCE South 58 degrees 00 minutes West 266.02 feet to the easterly side ef Wells Avenue: RUNNING THENCE along the easterly side of Wells Avenue the following three coarses and distances: 1. Northerly along the arc of a curve bearing to the right and having a radius of 139.38 feet a distance of 170.27 feet: 2. North 24 degrees 30 minutes 50 seconds East 84~07 feet: ,: 3. Northerly along the arc of a curve bearing to the left and having a radius of 249.59 feet: . · a.s distance of 190.23 feet to the corner at the point or place of BEGINNING. .' TOGETHER WITH a perpetual easement over the following described parcel of land; ALL that certain plot, piece or parcel of land. situate, lying and being at Southold, in the Towo of Southold, County of Suffolk and State of New York. bounded and described as follows: BEGINNING at a point the following two courses and distances from the corner formed by the intersection of the southerly side of West Hill Road and the easterly side of Wells A'~,enuc: I. South 19 degrees 09 minutes 10 seconds East 261.18 feet: 2, South 75 degrees 56 minutes East I29.35 feet to the actual point or place of beginning: RUNNING THENCE South 75 degrees 56 minutes East 32 feet; RUNN lNG THENCE South 58 degrees 00 minutes West 80 feet; RUNNING THENCE North 75 degrees 56 minutes West 32 feet: RUNNING THENCE Norlh 58 degrees 00 minutes East 80 feet to the point or place of BEGINNING. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument~ DEEDS/DDD NUmber Of Pages: 4 TRANSFER TAX BW3MBER: 00-44440 District= Section: 1000 070.00 Deed Amount: Recorded~ 07/05/2001 At= 03:30:10 PM LIBERz D00012127 PAGE: 905 Block: Lot: 04.00 021.000 EXAMINED AND CHA~GED AS FOLLOWS $0.00 , ,, Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 COE $5.00 EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Con~n. Pres $0.00 TRANSFER TAX NUI~BER: 00-44440 Exempt NO Handling $5.00 NO NO EA-CTY $5.00 NO NO TP-584 $5.00 NO NO RPT $15.00 NO NO Transfer gax $0.00 NO NO Fees P&id $72.00 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County ~L -- OP-ANDTOTAL '~ Ti{le Company Information Suffolk County Recording & Endorsement Page (OVER) NO CONSIDERATION Quitclaim Deed This Indenture, n~d¢ ~'~ ~.'~ day of ~.-k...x.~.~TTwo Thousand and One. BETWEEN CHARLES A. Ivi~I}US, residing at 2145 Wells Awnue. Southold. New York I 197 I par~y of ti~ fa'st parl. and TH~ MEBUS QUALIFIED PERSONAL RESIDENCE TRUST #1. c/o Charles A. Mebus and Margaret E. Mebos. Trustees, 2145 Wells Avenue. So~thold. New y<nk I 197 I, as to a one-third (1/3) interest: THE MEBUS QUALIFIED PERSONAL RESIDENCE 'tRUST #IL cdo Chiles pony of the .second pan, · SEE SCHEDULE "A" ATTACHED HERETO AlgD MADE A PART H]ERF. OF SCHEDULE A ALL that certain plot. piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York:. and being more particularly bounded and described as follows: BEGINNING at a point at the corner formed by the intersection of the southerly side o1' West Hill Road and the easterly side of Wells Avenue; RUNNING THENCE South 19 degrees 09 minutes 10 seconds East 261.[8 feet: RUNNING THENCE South 75 degrees 56 minutes East 129.35 feet; RUNNING THENCE South 58 degrees 00 minutes West 266.02 feet to the easterly side of Wells Avenue: RUNNING THENCE ',dong the easterly side of Wells Avenue the tbllowing three courses and distances: 1. Northerly along the arc of a curve bearing to the right and having a radius of 139.38 feet a distance of 170.27 feet; 2. North 24 degrees 30 minutes 50 seconds East 84.07 feet; 3. Northerly along the arc of a cuxve beating to the left and having a radius of 249.59 feet, aa distance of 190.23 feet to tho corner at tho point or place of BEGINNING. TOGETHER WITH a perpetual easement over the following described parcel of land: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold. in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point the following two coumes and distances from thc corner formed by thc intersection of the southerly side of West 14211 Road and the easterly side of Wells Avenue; 1. South 19 degrees 09 minutes 10 seconds East 261.18 feet: 2. South 75 degrees 56 minutes East 129.35 feet to the actual point or place of beginning; RUNNING THENCE South 75 degrees 56 minutas East 32 feet; RUNNING THENCE South 58 degrees 00 minutes West 80 feet: RUNNING THENCE North 75 degrees 56 minutes West 32 feet: RUNNING THENCE North 58 degrees 00 minutes East 80 feet to the point or place of BEGINNING. LOT Z. 8~.o .zOO. / · ,. >='o u r~oa D, AZ. k/ ! ,N ,' % .': :, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET / ~'~ · ; ~ , ' ~, VILLAGE DIST. ' SUB. LOT .~' / FORMER OWNER ,.~ ./ -,. N E ACR~.~ ~ ~ ~ /~ ~. (~li,~, s w I ~PE OF BUILDING -, S~. VL ~ I/ ~ FA~ CO~. CB. MIC5. Mkt. Value ~ND IMP. TOTAL DATE R~RKS II~bl~ FRONTAGE ON WATER '~la~ FRONTAGE ON ROAD ~ DEPTH ~ PI~ BULKH~D TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT ~ F~ER ~R~V~d T. ~vh~ ~ ~ N ' ' ~ S W '~PE O~ BUILDING ~/~ S~. ME FARM CO~. CB, MICS. Mkt. Value ~ ~ ~,./ ~ND IMP. TOTAL DATE R~RKS Tillobl~ ' FRONTAGE ON WATER W~l~ FRONTAGE ON ROAD M~ DEPTH H~ P~ BULKH~D T~I COLOR /~//q f~ R k-3 g~ TRIM ExtnJon Extension Extension Patio ,.3 3170 Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Oor~r~r Both ~ Dinette Floors $ ~ ~' ' K. Interior Finish Heat Rooms 1St Floor Rooms 2nd Floor Driveway LR. DR. BR. FIN. B FORM TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office $outhold, N. Y. Certificnte Of Occupnncy No. Z~) ...... Date ............ I~el~.. ~ ...... , 19. THIS CERTIFIES that the building located at . .Welt, I~.11..l~om$ .......... Street ' Map No..0a~el..]i~011: Block No ........... Lot No. ~ .... .8..otb~h.o.l.5....~.:Y. ? .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated ........ ~l'(~h .. 1~ .... , 19.72 pursuant to which Building Permit No..~732~ · dated ............ .1~..r.....8..., 197.~.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .. l~.l'~L~t.e. O~e~. I'alall3'. I~.~re~.l;Lz~ ..................................... The certificate is issued to .ln[~r. &. l~l~e., l~z~o~ ..... [t~n,~ ................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .. Aug.. 2F. · .~lgT~..by -~o. UNDERWRITERS CERTIFICATE No. ~[.1.~.l~r.~.O.....8.e~.~,...'13.. 19F,~ .................... IIOUSI: NUMBER...'l'[~. ..... Strc¢[... ~,~,~.. r~d ................................... · \ THE NEW YORK BOARD OF FIRE UNDERWRITERS ~-- ~k BUREAU OF ELECTRICrTY 85 JOHN STREE-r, NEW YORK. NEW YORK 1OO3a THIS CE~IFIES THAT A~nor B. Benson, Wes~ Hill Rd., e/o Wells ~e., Sou~hold, L.I. ~,~mt~d~ S~tembe~ ~0~ 1~] ~foundto~mpli~wighth. r~u~m~nt~o/thl~B~rd. 35 1 200 CB FURNA~I MOTOI~ RXTURSS %'~ V · -- 1 I C I i 3/o ~Exhauat Pans: 1 fr. hp, 1-1/3hP IFu~naces: 011 2-1/ahpj.2-1/~hp a3peolal receptacles: 1 30amps., 1-50amps.. Water heater: 1-~.Skw APPLICATION FOR APPROVAL TO CONSTRUCT PRIVATE SEWAGE DISPOSAL SYSTEMS INSTRUCTIONS: Applications must be submitted in triplicate i-Means Owner or Builder. Address to which mail should be directed. 2-Means detailed description of property location, together with street name and distance to nearest intersection of main thcrofare, also Hamlet/Village & Township 3-Enter name of Public Water Supply District, together with the distance to their main. 4-Enter Length and Width of Lot under appropriate heading, also enter these dimensions on center plot plan shown on the face of this application. 5-Dwellings: Check-mark "V" items applicable to the proposed new dwelling. 6-Name of sub-division 7-Section Number 8-Lot Number 9-Private well: Enter "No" if Public water supply is available. Enter "Yes" otherwise. PROPOSED SYSTE?S: Answers to Items number lO, ii, & i2 please consult the Suffolk County Heelth Department's Standards, Bulletins and Amendments for Sewage & Waste Disposal Facilities. i.e., Part II-Residential Sub-surface Disposal Systems covering Cesspools Part III " . , , N " Septic Tanks Part IV " " " " " " Unusual soil conditions Part V " " " " " " Shallow Leaching Pools PLOT PLAN: The following informatio~ is required concerning the Applicant's Lot: Lot size-Length and Width in f6et to be indicated at the LOt lines of the heavy lined square in the center of Plot Plan shown on face of this application. Surface wahers-Streams, Lakes, & Bays, etc., located within a distance of ~0 feet of Applicant's Lot lines, must be shown on the plot plan also. Wells and Cesspools now on adjacent lots must be shown on the Plot Plan together with the distance to the Applicants proposed Sewage Disposal Systems and Well. Where no Buildings exist on adjacent lots, state "Vacant" on the plot plan. Streets adjoining applicant's lot to the right, left or rear, enter street name. WELL LOCATION: To locate the well & sewage, disposal systems on Applicant's lot, the follo~rlng Standards must he observed: Well-lO0 feet minimum distance from the nearest cesspools Well-25 feet minimum distance from rear, and rear sides of property lines Well-J0 feet minimum distance from front, and front sides of property lines Well-50 feet minimum below grade for well point Well-~O feet minimum into ground water for well point Well-4 feet 6 ins. minimum below grade to well head and lateral water pipe .CESSPOOLS LOCATION: Upon determination of the Sewage & Waste disposal "type of systems" required, the following Standards must be observed for the location of same: Cesspool-10 feet minimum distance from lot lines to center of cesspool Cesspools exterior must be 100 feet minimum distance from nearest well Septic tank exterior must be 75 feet from nearest well Cesspool "Center" must be 12 feet minimum distance from nearest water line Cesspool "Center" must be 15 feet from house foundation Cesspool exterior must be 50 feet minimum distance from surface Waters, Streams, Lakes & Bays, etc. Cesspools must be 20 feet minimum distance from large trees Cesspool center to Cesspool center must be at least 16 feet Cesspool cover top to grade must be held to minimum of 1 food to maximum of 2 feet Bottom of Cesspool to ground water must be held to minimum of 1 foot ~pl~t~ ~o ................................. ~ NSTRU~IONS a, ~is ~lk~ mu~ ~ completely filJ~ In ~ ~ewriter or In Ink ~ s~mitt~ In ~licale to t~ I~ at~ ~l~ ~ ng I~afl~ of 1ot and of bud~;n~ ~.~ be ~mwn ~ the diagram ~ Is ~ of this ...... ~a Bulldl~ lns~~r w~ll 1ssue a Building petit to t~ ~l~ant. IS HEREBY~ ~-~ ~un ,NewYo~°ne ~ (Na~ ~ t t · of c~ ~ ~ ~ ~t ~ wo~ wUl ~ ~e. Mop No.: ........................................................ ................ .................................................................................... ..! 3. '.'Nature +of wo~eck which c~olicabie): N.~v Building .................. ion .................. A~e~tion ...~: ........ ff ~ge, nu~r o~ ~rs .................... ~ ..................................................................................................................... 11. Zone or u~ district in whl~ pramJ~s ~re situet~ .................. X~.J~,~.(.~[][.~[~5; ................................................ . PL~ D~ STATE OF NEW Y~I~Ci1j( t S S COUNTY OF .............................. $ ' ................................................................................................. being cluly Iworn~ dm ~ m t~ ~ iS t~ ~li¢onl of.id ~r ~ ~ ~ ~ ~y 9~ ~ ~. ~ ~ ~ ~:~~ file ~ls ~I~; ~ all ~at~s cbhf~[~ ~ ~]l~to ~ ~t of ~s :~ ~le; a~ ~,~..~. ~ ~ ~ ~ f~ In ~e ~ fi~ ~. [ / ....... 7.~. ......... ~ ~ ~~.°~ ........ ~S~..~, ~,,'" ~,...Z.7~.~.....:F~ ~=...~..z.....~~~ APPLICATION FOR APPRO%~AL TO CONSTRUCT PRIVATE SEWAGE DISPOSAL SYSTEMS Dat~Ztl Approval to c~n~truc't' said ~'ys~ems is '" - " · requested,pertine~nt data herewith. / 3-~blxc' ~ter supply name 9% ~ r~-~ ~t ~ ~DiS.~anCe to nearest main / ~ ~' 4-Lot Size: Width ;~' fi. Length ~, ft. (also en~%r on center plot plan below:) 5-~elling: Single Family ~ T~ F~ily? /~Cellag? /~lab? ; YCrawl Since? / / iO-Pro~sed system: Septic tank ;FyPrecast y.~/Cess~ools ~S~liow ~ols / /Other / Il-Septic ~nk inside dimensions: Vol~e .Gals. Leng. th ft. Width ft. Liquid depth ft. Total blocks below inlet: ~1 .~2 FLOT P~N Capacity Gals. G.P.M. Street Data 'eet 0 2 '4 8 iO - 12 16 ~ Ind ate ~ ~ ~ ...... N( th The Undersigned CERTIF~S: "Const~ction of autho~iz~ installatio~/will be acco~ance with th~ Suffolk County Hsalth D~rtments' c~enb Standa~s~lletins, and amendments thereto, covering Private FOR ~ALTH DEPART~T USE ONLY. Bas~ on t~e inFo~tio~, presented beneath, 'it ~s the ' ~n~ ~ ~ ~ ~nt, that an adequate and satisfacto~ Se~ge Dis~sal System can be installed on this ~ot. Date , ~/¢D~ Signed~ (10/65 · S-15 s OLSgN & OLSLN, t_L. ATTORNEYS AT LAW GARY FLANNER OLSEN ATTORNEY AT LAW DAVID WORTtI1NG'I'ON OI.SEN ATTORNEY AT lAW [~(). BOX 706 ' 32495 ivlAIN ROAD ' CUTCHOGUE, NEW YORK 119~';-0706 PHONE 631-734-7666 FAX 631-734-7712 olsenlaw ipoptonline.net September 14, 2004 Mr. David T. Devlin 1175 Hill Road West Southold, NY 11971 RE: ESTATE OF LORA S. COLLINS Dear Mr. Devlin: Enclosed herewith please find Photocopy of Executor's Deed dated ,June 15, 2004 that has been recorded in the Office of the Clerk of tlie County of Suffolk on July 30, 2004 in Liber 12334 page 30. Pursuant to your request, [ have retained the original deed in my file. If you have any questions please do not hesitate to contact me at 631-477-2250. Of course, if you wish to speak directly with Mr. Olsen, he may be reached at 631-734-7666. ,/ inda M. Tonyes, Legal Assistaut Gary Flanner Olsen, Esq. /hnt enclosure ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 9, 2007 Zoning Appeal No. 6095 Transmitted herewith is Zoning Appeals No. 6095 of Donna Wexler & Gertrude Iglesias- the Application to the Southold Town Zoning Board of Appeals. Also enclosed Applicant's Project Description, Questionnaire for Filing with the Z.B.A. Application dated 10/4/07, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Z.B.A. Determination from the meeting of August 18, 2005, New Information not presented at the initial hearing, summary of new information, Detailed Background Information, Authorization Letter, Application for Waiver Under Section 100-26, Waiver of Merger, Lot Waiver Questionnaire, Questionnaire for Filing with the Z.B.A. Application dated 8/24/05, Applicant Transactional Disclosure Form, Notice of Disapproval, Survey, copy of entire Deed, individual paperwork for Lot 23 and individual paperwork for Lot 22. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/5/07 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6095 Wexler, Donna & Iglesias, Gertrude 2286 $150.00 OCT § m0? $ou~hoFJ fow~ Clerl~ $150.00 By__ Thank,'ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/09/07 * * * RECEIPT * * * Receipt~: 2286 Transaction(s): 1 1 Application Fees Reference Subtotal 6095 $150.00 Check#: 2286 Total Paid: $150.00 Name: Wexler, Donna & Gertrude Iglesias 1175 West Hill Road Southold, NY 11971 Clerk ID: MICHELLE Internal ID: 6095 &yE. qCTIgE ~ COUNTY OF SUFFOLK (]~) "' SOUTHOLD SECTION NO O7O PROPERTY MAP