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HomeMy WebLinkAboutL 12683 P 517II1! SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 13 Receipt Number : 12-0010182 TRANSFER TAX NUMBER: 11-12938 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 024.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $65.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $8.45 NO KPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 11-12938 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 01/27/2012 03:45:40 PM D00012683 517 Lot: 006.001 $20 00 $15 O0 $0 oo $5O 00 $0 oo $168 45 Exempt NO NO NO NO NO Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2012 Jan 27 03:45:40 JUDITH R. PRSCRLE CLERK OF SUFFOLK COUNTY L D00012683 P 517 DT# 11-12~38 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recordingl / Filing Stamps Page / Filing Fee  20. O0 Notation EA-52 17 (County) Sub Total EA-5217(~ Comm. of Ed. 5. 00 Affidavit '"'-' NYS Surcharge 15. 00 Sub Total Other Grand Total Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. or Spec,/Add. TOT. MTG. TAX Dual Town __ Dual County__ Held for Appointment . Transfer Tax (~ __ ! Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dweIling only. YES or NO If NO, see of this instrurdeo,l appropriate tax cia[[se page # lltq/I I I lQ00 Iiection .°24'°°.[Block02'00 [Lot 006.001 -' . . ' ' 4 ID,st. - 5 CommumtyPreservat!on Fund 1000 1000 02400 0200 006003. 0 Real Property ~ 1000 02500 0100 025000 , ~.,~ideration Amount $ Tax Service f p I SN~ >'"'~. \ -- Agency {R'DPt A) , CPF ax Due $ __ Verification 'kn.a_maN-tZ/ x .// I ~ 7// limproved- 61 Satisfactio._ ~ _ ....... ,...., ................. ~,..adress ~, I I William H. Price, Jr., Esq. ITM -- [ ;0e;n °o;t:4Ngew ork I Mail to: Judith A. Pascale, Suffolk County Clerk I 7 I Title Company Information I $t0 Center Drive Riverhead, NY 11901 I~ . I www. suffoIkcount~/ny, gov/clerkI ;,:icyme I Suffolk county Recording & Endorsement Page Easement ' This pa.~.e formspart of the attached made by: Leslie P. Bt'ac'k, as fiD an undivided ..507. interes(~3PECiFYTYpE OF INSTRUMENT~ and Frederick M. Peyser III and Janis M. P~yser, as Trustees of the ' Frederick M. Peyser III and Janis M. Peyser Livi~ premises herein is situated i,1 Trust Dated August Z>, 2009, as to an undived SUFFOLK COUNTY, NEW YORK. TO Robert J. B%gck.arld.~s%ie P. Black, husband ~nd wife, Southold as to an uno~_v~-aea >uA znterest, eno ~'reo. erzclc lotheTOWNof ' M. EEyser III and Janis M. Peyser, Trustees of the ............ TTT ~.~ T~4~ M P~vqpr In the V1LLAGE F~cu,=.~.,-,.~. ~[. ~7 ................... . Orient Livin$ Trust Dated August 25, 2009, as to an uri~}~ETof 50% interest BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. .,.~ EASEMENT THIS AGREEMENT, made this q day of ]~d~_,, , 2011, between LESLIE P. BLACK, residing at 1 I3 Kimberbrea Drive, Kimberton, Pennsylvania 19442, as to an undivided 50% interest, and FREDERICK M. PEYSER Ili and JANIS M. PEYSER, TRUSTEES OF THE FREDERICK M. PEYSER III AND JANIS M. PEYSER LIVING TRUST DATED August 25, 2009 and any amendments thereto, both residing at 25 Evergreen Lane, Underhill, Vermont 05490, as to an undivided 50% interest," all parties hereinbefore mentioned hereinafter collectively referred to as party of the first part," and ROBERT J. BLACK and LESLIE P. BLACK, husband and wife, both residing at 113 Kimberbrea Drive, Kimberton, Pennsylvania 19442, as to an undivided 50% interest, and FREDERICK M. PEYSER III and JANIS M. PEYSER, TRUSTEES OF THE FEDERICK M. PEYSER III AND JANIS M. PEYSER LIVING TRUST DATED August 25, 2009 and any amendments thereto, both residing at 25 Evergreen Lane, Underhill, Vermont 05490, as to an undivided 50% interest, "all parties hereinbefore mentioned hereinafter collectively referred to as party of the second part," WHEREAS the party of the first part is owner in fee simple of the parcel of land located at 1420 Village Lane, Orient, New York, and designated as Suffolk County Tax Map Number 1000-024.00-02.00-006.001, more fully described in Schedule A attached hereto (hereinafter referred to as Parcel 1), and ' WHEREAS, the party of the second part is owner in fee simple of the parcel of land located at 1240 Village Lane, Orient, New Y6rk, and designated as Suffolk County Tax Map Number 1000-025.00-01.00-025.000, more fully described in Schedule B attached hereto (hereinafter referred to as Parcel 2), and WHEREAS, the party of the first part intends to grant an easement to the party of the second part for a portion of the parcel of land described in Schedule A, said easement more fully described in Schedule C attached hereto, and WHEREAS, the party of the second part appeared before the Board of Review requesting a variance for the installation of the sewage disposal system which does not conform to the commercial constructions standards of the Suffolk County Sanitary Code and the Board of Review of the County of Suffolk Department of Health Services granted a variance by letter dated April 6, 2011, attached hereto as Schedule D and made a part hereof, provided an easement be filed. WITNESSETH: NOW, IN CONSIDERATION OF $10.00 each to the other paid and the receipt of which is hereby acknowledged and other good and valuable consideration, the party of the first part grants and conveys unto the party of the second part, its heirs, successors and/or assigns which shall come into title to said Parcel 2, a permanent and perpetual easement that runs with the land, as set forth more fully in Schedule C, for the purpose of placement, installation, maintenance, repair, inspection, and replacement of the sewage disposal system, and the party of the second part, its heirs, successors and/or assigns, and shall restore the area to its original condition after installation, maintenance, repair, inspection, and replacement of such sewage disposal system over the premises more particularly described in Schedule A. The cost of installation, maintenance, and repair of said sewage disposal system and to restore the area shall be born solely by the party of the second part, its heirs, successors and/or assigns. The installation of said sewage disposal system with the easement area as described in Schedule C for the benefit of Parcel 2 must be with the consent of the Suffolk County Department of Health Services. The party of the first part, its successors and/or assigns, retain unto itself all rights to fully enjoy its aforedescribed premises except for the purposes herein granted to the party of the second part. The aforementioned easements contained herein shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of any agencies or departments of the County of Suffolk, the DEPARTMENT, or the County of Suffolk, to enforce the same shall not be deemed to affect the validity of this easement nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. This grant of easement shall at all times be deemed a continuing covenant that runs with the land and shall be binding upon and insure to the benefit of heirs, successors and/or assigns of all parties to this agreement. This grant of easement shall not be terminated or extinguished without the prior written approval of the Suffolk County Department of Health Services. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. LI~P~ bLACK Party of the First Part ~ 13REDERICK ~Ii PEY~F~ III, ~stee Party of the First Part JANIS M. PEYSER, Trustee Party of the First Part 6BERT J. BeAC'K Party of the Second Pan -LgSL/E ~ BLAC~ - - ~D~M. ~YSE~III, Trustee m~the ~d Ua~ U. Pa~y of the Second Pa~ 2 STATE OF PENNSYLVANIA) ) SS,: COUNTY OF CHESTER ) On the ~ day ot ./[/r't~F~4 ~,~ , in the year 201 l, before me, the undersigned, personally appeared RobertJ'.. Black and Leslie P. Black, personally known to be or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that said individual(s) made such appearance before the undersigned in the City of Kimberton, State of Pennsylvania. RUTH A BENGEL Notary Publlc TREDYFFR[N 1WP. CHESTER CNTY My Commission Expires Apr 24, 2012 ~J~t~ry Pub'lic '-- STATE OF VERMONT ) ) SS.: COUNTY OF CHITTENDEN) On the ~2~ day of ~~/~' , in the year 2011, before me, the undersigned, personally appeared Frederick M. Peyser III and Janis M. Peyser, personally known to bewg.~. proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) ist~g.e~ subscribed !o~e within instrument, and acknowledged_t__o me that he/she/they executed the same in his/her/t e~)capacity(les), and that by his/her/e~ signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, execute-0,~th~, instrument, and that said individual(s) made such appearance before the undersigned in of Underhill, State of Vermont. : ' ~ Notary Public .... ~,~,,.~ '-. ........ 4 SCHEDULE"A" DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Orient, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly tine of Village Lane, said monument situate at the intersection of the southerly tine of lands now or formerly of McNeill and the westerly line of Village Lane; RUNNING THENCE along Village Lane, South 32 degrees 48 minutes West, 16.02 feet to lands now or formerly of Oyster Ponds Historical Society; RUNNING THENCE North 60 degrees 04 minutes West, 277.60 feet; RUNNING THENCE North 29 degrees 56 minutes East, 177.60 feet to a monument and lands now or formerly of Tuthilt; RUNNING THENCE along lands now or formerly of Tuthill and lands now or formerly of Aronson, South 64 degrees 45 minutes 40 seconds East, 125.42 feet; RUNNING THENCE along said lands now or formerly of Aronson, South 64 degrees 06 minutes 20 seconds East, 6.01 feet to lands now or formerly of Van Nostrand; RUNING THENCE South 29 degrees 56 minutes West, 25.0 feet to lands now or formerly of McNeill and Caffery, North 64 degrees 04 minutes 50 seconds West, 6.0t feet; RUNNING THENCE South 29 degrees 56 minutes West, 146.87 feet to a monument; RUNNING THENCE South 60 degrees 04 minutes East, 153.40 feet to the point or place of BEGINNING. 5 SCHEDULE "B" DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being Orient, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Village Lane distant 95.33 feet southerly from the corner formed by the intersection of the westerly side of Village Lane with the southerly side of State Street, and from said point of beginning; RUNNING THENCE South 26 degrees, 20 minutes, 20 seconds West, along the westerly side of Village Lane, 25.00 feet to a point and land now or formerly of Latham; THENCE along last mentioned land the following 2 courses and distances: 1) 2) North 64 degrees 4 minutes 50 seconds West, 144.32 feet; and North 29 degrees 56 minutes East, 25.00 feet to a point and land now or formerly of Hubert; THENCE South 64 degrees 6 minutes 20 seconds East, along last mentioned land and land now or formerly of Staron, 142.75 feet to the westerly side of Village Lane at the point or place of BEGINNING. SCHEDULE "C" DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being Orient, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at an iron pipe mentioned in Deed Liber 11483, Page 73, on the westerly line of Main Street/Village Lane; THENCE North 60 degrees 04 minutes West, 153.4 feet; THENCE North 29 degrees 56 minutes East, 146.87 feet; THENCE South 64 degrees 04 minutes 50 seconds East, 6.01 feet; THENCE North 29 degrees 56 minutes East, 16.02 feet; THENCE North 60 degrees 04 minutes West, 24.03 feet; THENCE South 29 degrees 56 minutes West, 178.91 feet; THENCE South 60 degrees 04 minutes East, 169.42 feet; THENCE North 32 degrees 48 minutes East, 16.02 feet, to the point or place of BEGINNING. 7 DEPARTMENT OF HEALTH SERVICES April 6, 201l COUNTY OFSUFFOLK STEVE LEVY SUFFOLK COUNTY EiXECUTI'V~ JAMES L. TOMARKEN, MD MSW, I'¢IPH, MBA. FRCPC, FACP COMMISSIOI~ER Robert Barratt, P.E. 4295 Vanston Rd. Cutchogue, NY l t935 Subject: Board of Review Hearing - January 20, 2011 ~ - Old Orchard Farm Store - w/s of Village Lane, 95' s/o Skippers Lane, Orient - t/o Southold - SCTM #: 1000-25-1-25 Dear Mr. Ban-att: Enclosed is a copy of the findings, rec. ormmendations and dete_.rmination of the Board "of Review concerning the subject application. Based on the information submitted, the Board granted the request for variance/waiver with the provision indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours J~m~ P.E. Principal Public Health Engineer Chair, Board of Review Enclosure C; Board Of Review File - Yaphank · Craig Knepper ~ Reviewer l ./Eiteen Cantone ~ Yaphank Andrew Freleng- Planning Department Lauretta Fischer- Planning Department Heather Lanza - Town of Southold Mary Anne Nordstrand su a co, i Sco~ Stein Barbara Ce~one Katherine Caffery Frederick Peyser Jo~ ~d Julia Tuthil] Orient Co~unity Activities Inc~ ,Division O1' Er~virocmen~81 Oualily * Board Of Review , 360 Yaphank Avenue, Suite 2B * Yaphar~k NY 11980, Phone (831)852-5801 Fax(631)852-5825 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2~ SECTION 220~ SUFFOLK COUNTY SANITARY CODE To: F rom: James L. Tomarken, MD, MSW, MPH, MBA, FRCPC, FACP, Commissioner James Meyers, P.E., Chair, Board of Review. Subject: Findings and Recommendations of the Review Board Regarding: ~ - Old Orchard Farm Store - w/s of Village Lane, 95 feet s/o Skippers Lane~ Orient - t/o Southold - SCTM #. t 000-25- i -25 Hearing Date: January 20, 2011 Board Members: Patricia Floria, P.E., Chris Lubicich, P.E. Reviewer: Craig, K_nepper, P.E. Statement of Problem Commer~:iat construction standards require that sanitary systems be located at least 150 feet from private wells. The applicant is proposing to install a sanitm.y system less than 1,50 feet ~¥n.~ ~helr ,,~ ,,}.~,,~.~,~ ::'ell .......... n~gh~o~ ~t~g privale wells. Commercial construction standards require that private wells be located at least 150 feet from sanitary systems. The applicant is proposing to install a private well that is less than 150 feet from their own sanitm'y system and neighboring sanitary systems. Construction standards require that private wells be located at.least 10 feet from building foundations. The applicant is proposing the installation of a private welt Iess than 10 feet from a building foundation. Construction standards require that private wells closer be installed with at least 40 feet of water abov..e the top of the screen. The applicant is proposing to use a private well that has less than 40 feet of water above the top of tl~e screen. Construction standards require that sanitary leaching pools be located at least I0 feet from property boundaries. The applicant is proposing the installation ora leaching structure tess than 10 feet fi'om a property boundary. Findings and Facts 1. The applicant is proposing the installation of a sewage' disposal syscem for an existing building and updating the water supply with a newly installed welt. The building has been without 'a sewage disposal system si'ncc ~n outhouse was demolished in the 1930's. 2. The project is located in Groundwater Management Zone 4. 3. The parcel is 0.084 acres and the yield at density is 25.3 gpd. However, the parcel is a single and separate lot on the 1981 tax maps so the site is allowed a maximum of 300 gpd of total sewage flow. Current design flow for the site is 19.3 gpd. 4. The proposed sewage disposal system consists of' a 1,200 gallon septic tank and two 8-(bot diameter by 4 feet deep leaching pools plus area for a single expansion James L. Tomarken, MD, MSW, MPH, MBA, FRCPC, FACP, Commissioner Hearing Date: January 20, 20t 1 Sub, jeer: Findings and Recommenda. tions of the Review Board Regardingllll~9 - Old Orchard Farm Store ~ w/s of Village Lane, 95 feet s/o Skippers Lane, Orient - t/o Southold - SCTM #: t000-25-1-25 r pooll The proposed sewage disposal system is located in rear of the property. Maintenance of the system will require an access easement on a neighboring lot (tax map 1000-24-2-6.1) 5. Soil conditions are good with sand and gravel below 3 feet. 6. Depth to water is approximately 12.4 feet'below existing grade. 7, The direction of' groundwater flow is to the southwest toward Orient Harbor. 8. The existing use of the facility is city retail (furniture and ' ant~q~,~ store). The building has 642 square feet gross floor area. 9. The applicant has indicated that it is difficult to operate the facility witho-~it a restroom ibr staff or visiting clients. 10, Public water is not available in the area and a letter provided by the SCWA indicated that it would cost approximately 5;1.5 million to extend public water to the site, 11. The facility currently has a pre-existing well located in the basement of the building which has exhibited elevated manganese concentrations. A new test well was installed in the fi.ont of the lot that the applicant would like to use as the new source of drinking water. Tests performed by the Department on September 21, 2010 showed that water quality in the test well met applicable standards. 12. Because of the limited parcel size, the new well is located 3 feet fi'om the building foundation where the standards call for a minimum setback of 10 feet. 13. The well log for the proposed welt shows that the well is 30 feet deep with water at 11 feet below grade and 15 feet of water above the top of the screen. Standards require that wells be installed with at least 40 feet of water above the top of the screen. 14. Commercial construction s~andards require that proposed sanitary systems be located al least 150 feet from private wells. The following distances are proposed: a. 85 feet between the applicant's sanitary system and the applicant's well. b. 80 feet between the applicant's sanitary system (future expansion pool) anr~ the neighboring well on lot 1000-25-1-22 to the north. It should be noted that due to the very low flow, it [s quite possible that the future expansion pool wilt never be required. c. 91 feet between the applicant's sanitary system (leaching pool) and the neighboring well on lot 1000-25-1-22 to the north. d. 81 feet between the applicant's sanitary system and the neighboring well on lot 1000-25-1-23 to the north. e. 70 feet between the applicant's sanitary system and the neighboring well on tot 1000-25-1-24 north. ' f. 80 feet between the applicant's sanitary system and the neighbori.ng well on lot 1000-25-1-27.5 to the south. g. 90 feet between the applicant's sanitary system (future expansion pool) and the neighboring well on lot 1000-24-2-6.1 to the west. It should be noted James L. Tomarken, MD, MSW', MPH, MBA, FRCPC, FACP, Commissioner Hearing Date: January 20, 2011 Subject: Findings and Recommendations of the Review Board Regarc~ing:lllllllJ~ - Old Orchard Farm Store - w/s of Village Lane, 95 feet s/o Skippers Lane, Orient- t/o Southold - SCTM #: 1000-25-t-25 that due' to the very Iow flow, it is quite possible that 'the future expansion pool will never be required. h. 105 feet between the applicant's sanitary system (leaching pool) and the neighboring well on lot 1000-24-2-6.1 to the west. 15. Commercial construction standards require that proposed private wells be located at Least 150 feet from sanita.ty systems. The following distances are proposed: a. 85 feet between the applicant's welt and the applicant's sanitary system. b. I28 feet between the applicant's well and the neighboring sa~rm,y system on lot 1000-25-1-22 to the north, 70 feet between the applicant's well and the neighboring s~?rary system on lot 1000-25-1-23 to the north. d. 84 feet between the applicant's well and the neighboring sanitary system on lot 1000-25~1-24 to the north. e. 95 feet between the applicant's well and the neighboring sanitary system on lot 1000-25-2~25.2 to the east. f. 128 feet between the applicant's well and the neighboring sanitary system on lot I000~25-1 '-27.2 to the south. g. 94 feet between the applicant's well and the neighboring sanitary system on lot 1000-25-1-27.5 to the south. 16. Standm'ds require that leaching pools, be at least 10 feet from property boundaries. Due to the small tot size, installation of a sewage disposal system meeting alt of the required setbacks is not possible. Leaching pools are proposed to be 4 feet from property boundaries. 17. The applicant indicated that they would be willing to covenant the property to restrict future use to dry retail to prohibit future increases in sewage design flow. Determination It was a 3 to 0 determination of the Board to grant the request for the variances provided the following conditions are met: o Covenants and/or deeds shall be prepm'ed and filed, in language acceptable to the County Attorney, that: o Limit use of the site to dry retail space only, and o Limit sewage d~sign flow to the current flow of 19.3 gpd. o Indicate that maintenance for the sanitary system is via aa easement adjacent property, tax map number 10(10-24-2-6.1. An easement must be obtained on lot 1000-24-2-6.1 which allows for access to the subject property for installation, maintenance and repair of the sanitary system. It is presumed that staff use nearby restroom facilities b~ lieu of an on-site system thus overall flow will not be increasing greatly in the area. The existing and proposed use result in a design flow of 19,3 gpd, which is a fraction of the allowable design flow for t}~e site of 300 gpdr Flow from the proposed onsite sanitary system will be to the southwest, not /am~s L, Tomarken, MD, MSW, MPH, MBA, FRCPC, FACP, Commissioner Hearing Date: January 20, 2011 Subject:. Findings and Recommendations of the Review Board Regarding: ~ ' - Old Orchard Farm Store - w/s of Village Lane, 95 fee~ s/o Skippers Lane, Orient - ftc Southold - SCTM #: 1000-25-1-25 directly towards any of the neighbor's private wells. Likewise, flow from the neighboring sanitary systems will also be to the southwest, not directly towards the applicant's well. The grantlng of the requested variances is not a formal approval to' construct the sanitary system or to use the test well as a drinking water source. Rather, it is a determination on the specific variances requested, based upon factors noted in §760-609 of the Suffolk County Sanitary Code (Sanitary Cede). In compliance with the proposed variances ax'e in general conformity with the Sanitary Code. The variances sho,~ld not impair groundwater, surface water and drinking water supplies, and, as such, are consistent with criteria specified in §~(b). The granting of the requested variances will not adversely affect the design of an adequate on-site water supply and/or sewage disposal system, taking into account soil conditions, depth to groundwater, direction of groundwater flow, and as such, are consistent with criteria specified in §760- 609A(1)(e). As per §760-609 of the Suffolk County Sanitary Code, the approval of the variances is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other harm-al resources, and public health, safety and welfare. April 6, 2011 JamBs Meyers, P.E. Chair ~ Board of Review