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1000-17.-2-1.9 & 6.1
S 6R. MAIN ROAD (NYS Rte. 25) APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD LOT LINE MODIFICATION MAP OF PROPERTY SITUATE ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-17-02-1.9 S.C. TAX No. 1000-17-02-6.1 SCALE 1 "=60' JULY 7, 2014 AREA DA TA Planning Board EXISTING LOTS PROPOSED LOTS AREA TO BE S.C. TAX No. 1000-17-02-1.9 88,214 sq. 2.025 ft. ac. TRANSFERRED FROM 1000-17-02-6.1 TO 1000-17-02-1.9264 0.006 ac. 88,478 sq. 2.031 ft. ac. S.C. TAX No. 1000-17-02-6.1 116,844 sq. ft. 2.682 ac. 116,580 s 2.676 ft. ac. TOTAL 205,058 sq. 4.707 ft. ac. 205,058 sq. 4.707 ft. ac. NOTES: 1. LOT NUMBERS SHOWN THUS: LOT O REFER TO MAP OF SET—OFF FOR JACK & MARGARET STERN FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON OCTOBER 22, 1993 AS FILE No. 9420 2. LOT NUMBERS SHOWN THUS: LOT D1 REFER TO MAP OF BARBARA B. DOW FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON SEPTEMBER 19, 1997 AS FILE No. 10059 0 WNER: S.C. TAX No. JOHN H. AND 211 CENTRAL NEW YORK NY OWNER.- S.C. WNER:S.C. TAX No. BARBARA DOW 1000-17-02-1.9 CAROLINE JOSEPHSON PARK WEST, APT. 9K 10024 1000-17-02-6.1 87 MARJORIE COURT MANHASSET, NY 11030 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE < STATE LAND TITLE ASSOCIATION. OF NE&�, c> -DAFT o 0 ZS7'-://NY.S. Lic. No. 50467 11 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR November 4, 2014 David M. Dublin, Esq. 33 West 2nd Street P.O. Box 9398 Riverhead, NY 11901 pF SO!/j�o� CA 21C y0OUNTi,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P_O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny. gov Re: Final Approval: Proposed Lot Line Modification for Josephson, Zapf and Dow Located on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient SCTM#1000-17-2-1-1.9 & 6.1 Zoning District: R-40 Dear Mr. Dubin: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 3, 2014: WHEREAS, this proposed Lot Line Modification transfers 0.01 acre from SCTM#1000- 17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot 1.9 will increase from 2.02 acres to 2.03 acres located in the R-40 Zoning District; and WHEREAS, on August 29, 2014, a Lot Line Modification Application was submitted; and WHEREAS, on September 22, 2014, at their Work Session, the Planning Board reviewed the application and found it complete and agreed to set the public hearing for the October 6, 2014 public meeting; and WHEREAS, on October 6, 2014, the Planning Board held and closed the public hearing; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56, Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the • • Josephson, Zapf & Dow [2] November 4, 2014 Planning Board has determined that it is eligible for a waiver of the Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this Lot Line Change that would adversely affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on October 20, 2014, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Lot Line Modification; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non -significance for the proposed Lot Line Modification and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval of this Lot Line Modification; and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval on the maps entitled "Lot Line Modification Map of Property Situate Orient", prepared by Nathan Taft Corwin 111, Land Surveyor, dated July 7, 2014, and authorizes the Chairman to endorse the map. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. Josephson. Zanf & Dow [3j November 4. 2014 Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this Lot Line Change may be necessary to be in compliance with the Suffolk County Sanitary Code and to be eligible for future construction or renovations. If you have any questions regarding the above, please contact this office. Very truly yours, V Donald J. Wilcenski Chairman Encl. Endorsed Final Map Negative Declaration cc: Assessors I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. W D4 id M. p bin Signature of Applicant or Agent Print Name • • Josephson, Zapf & Dow [3] November 4, 2014 Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this Lot Line Change may be necessary to be in compliance with the Suffolk County Sanitary Code and to be eligible for future construction or renovations. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Encl. Endorsed Final Map Negative Declaration cc: Assessors I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. Signature of Applicant or Agent Print Name 0 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR • PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non -Significant November 3, 2014 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-rmy.gov This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Lot Line Change for Josephson, Zapf and Dow SCTM#: SCTMs#1000-17-2-1.9 & 6.1 Location: on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed Lot Line Modification transfers 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot 1.9 will increase from 2.02 acres to 2.03 acres located in the R- 40 Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. • • Negative Declaration 2 November 3, 2014 The determination was based upon the following: This Lot Line Modification will not have any adverse impacts on the surrounding neighborhood or adjacent properties. No new lots will be created, and no increase in development is expected as a result due to the configuration of the land transfer. Thus the following can be said of this action: Therefore, the proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will, therefore, conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. 1. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 2. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of this lot line change. 3. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. 4. The proposed action, the transfer of 264 sq. ft., will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 5. No major change in the use of either the quantity or type of energy will occur. Each existing improved lot will continue to have only one pre-existing single family dwelling on each. 6. No creation of a hazard to human health will occur as a result of this lot line change. 7. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 8. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Alyxandra Sabatino, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 Thomas A. T—nucv, Jr. Stchbcn B. Latham John F. Shea, Ill Chri,topher P. Kelley Da, id M. Dubin }ay 1'. Quarmrmo Peter M. Mott 1.1111c'. L. Snead Auric itlarie Goodale Brp:un C. Vain Cott Kathryn Dalli Laura 1. PUMMt11aI1 Lisa Clare Kor4rink Patrick B. Fife Fred W. Thick, Jr. Mcliss.t H. Sidor Kelly E. Kimions Luuren E. Stec, l'utricia J. Russell Re -a EbrAiimi I'll \1a J. Dntko John A. Otto �• Bernadette E. Tuthill C:niik H. Handler Alexandra Hslsev-Storch 0[t „t N,Lt Kenneth P. L:tvalle Ke, In M. Fox KairM A. I loek UTI UT OFFICE LOCATIONS, 20 Main Strect Last I IanrptoM, NY 11937 631.324.1200 51 Hill Street Southampton, NY 11968 631187.0090 490 Wheeler Road Suit, 165G, Hauppauge, NY 11788 6 i 1165.1414 56;340 ;Main Koad P.O. Bos 325 Southold, NY 11971 631.765.1 J00 Twomey, O'ham, • Shea, Kelley, Dubin & Quartararo LLP A T T O R N E Y S A T L A W March 3, 2015 Donald J. Wilcenski, Chairman Town of Southold Planning Department 50395 Route 25 Southold, New York 11971 cc(e(iratilly 01!er40)leca1s of Service MAILING ADDRESS: Post Office Box 9398 Riverhead, New York 11901-9398 MAIN OFFICE: 33 West Second Street Riverhead, New York 119019398 Telephone: 631.727.2180 Facsimile: 631.727.1767 jww�.suffolklaw.com IF Re: Lot Line Modification for Josephson, Zapf and Down Located on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient SCTM: 1000-17-2-1-1.9&6.1 Dear Chairman Wilcenski: In accordance with your letter of February 10, 2015, enclosed are certified copies of the required deeds: 1. SCTM: 1000-017.00-02.00-006.004 - Estate of Barbara Bedell Dow a/k/a Barbara B. Dow to John H. Josephson and Carolina F. Zapf, recorded in the Suffolk County Clerk's office on 2/26/15 under Liber D00012808 and Page 169; 2. SCTM: 1000-017.00-02.00-006.003 — Estate of Barbara Bedell Dow a/k/a Barbara B. Dow to Estate of Barbara Bedell Dow a/k/a Barbara B. Dow recorded in the Suffolk County Clerk's office on 2/26/15 under Liber D00012808 and Page 168; and 3. SCTM: 1000-017.00-02.00-001.009 — John H. Josephson and Carolina F. Zapf to John H. Josephson and Carolina F. Zapf. Submittal of these documents completes the requirements of the Southold Planning Department. Should you require anything further, please feel free to contact the undersigned. Ver truly our , C far n A. Hoeg KAH/ms Enc. cc: Aly Sabatino (via email with attachments) CC #: C15-7392 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 02/26/2015 under Liber D00012808 and Page 169 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/26/2015 SUFFOLK COUNTY CLERK (�;7- d.z4t-� a. JUDITH A. PASCALE SEAL 0 � SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/26/2015 Number of Pages: 4 At: 09:14:23 AM Receipt Number : 15-0024589 TRANSFER TAX NUMBER: 14-18684 LIBER: D00012808 PAGE: 169 District: Section: Block: Lot: 1000 017.00 02.00 006.004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $6,233.04 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA -STATE $250.00 NO TP -584 $5.00 NO Notation $0.00 NO Cert.Copies $5.00 NO RPT $60.00 NO Transfer tax $26.00 NO Comm.Pres $0.00 NO Fees Paid $411.00 TRANSFER TAX NUMBER: 14-18684 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County _Number of pagesThis document will be publicrecord. Please remove allSocial Security Numbersprior to recording.Deed / Mortgage Instrument Deed Mortgage Tax Stamp T Recording Filing Stamps3 FEESMortgage Filing Fee Amt.Page/ 1. Basic TaxHandling 20. 00 2. Additional TaxTP-584 Sub TotalNotation orEA-52 17 (County) Sub Tota I Spec. /Add.TOT. MTG. TAXEA-5217 (State)Dual Town Dual CountyR.P.T.S.A. Held for AppointmentMansion TaxAffidavitThe property covered by this mortgage isCertlifled"Coo, or will be improved by a one or twoNYS Sutcharg I e 15. 00 family dwelling only.Sub Total YES or NOOthersee Total'pa appropriate tax clause onGrand e # of this instrument.4 Dist. 1,5004196 1000 01700 0200 006004 'Co n munity Preservation FundConsideration ArnoTax ServiceVITVerification ImprovedSatisfactions/Discharges/Releases List Property Owners Mailing AddressVacant & RETURN TO: (17U_ LandRECORD _Twomey, TDP.O. Latham, Shea, Kelley, Dubin & Quartararo LLP Box 9398 TDRiverhead, NY 11901A,ttention: David M. Dubin, Esq. TDMail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information310 Co.Name Pdwrr7 A&7-,' -7777-p- Center Drive, Riverhead, NY 11901 8 Suffolk County Recording & Endorsement Page This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT) Estate of Barbara Bedell Dow a/k/a Barbara B. Dow The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO IntheTOWNof Southold John H.Josephson |ntheV1LLAGE � Carolina F. Zapf or HAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. I TAX MAP DESIGNATION Dist.: 1000 Sec.: 017.00 Blk.: 02.00 Lot(s): #o- 006.00+ U 9 Executor's Deed This Indenture, made the S' day of January, Two Thousand and Fifteen, BETWEEN DOROTHY DOW ANDERSON, with an address of 109 Heywood Drive, Glastonbury, CT 06033, as executrix of the last will and testament of Barbara Bedell Dow a/k/a Barbara B. Dow, late of New Haven County, who died on October 2, 2013, party of the first part, and T4s H�sb.�a.VJ1. L t d,' /� JOHN H. JOSEPHSON and CAROLINA F. ZAPF,4 with an address of 211 Central Park West, Apt. 9K, New York, New York 10024, party of the second part, WITNESSETH, that the party of the first part, to whom Ancillary Letters Testamentary were issued by the Surrogate's Court, County of New York on February 18, 2014, and by virtue of the power and authority given in and by said Last Will and Testament, and/or by Article 11 of Estates, Powers and Trusts Law, and in consideration of Six Thousand Two Hundred Thirty Three and 04/100 ($6,233.04) Dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, SEE SCHEDULE "A" ATTACHED BEING AND INTENDED TO BE Part of the same premises as was deeded to Barbara B. Dow by Liber 6730 page 234. The Southold Town Planing Board approved this lot line modification by Resolution on November 3, 2014. PREMISES ALSO KNOWN as 725 Munn Lane, Orient, New York. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will of otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees 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. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: kre�� JUn) g Z,= L.S. Dorothy Dow Anderson, as Executrix of The Last Will and Testament of BARBARA BEDELL DOW a/k/a BARBARA B. DOW i & Fidelity rational Title Insurance Company TITLE NO. F14-7404-96311-SUFF SCHEDULE A-1 (Description) Amended 02/10/15 ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and the State of New York, known and designated as part of Lot 1 as shown on a certain map entitled "Map of Barbara B. Dow" filed in the Office of the Clerk of Suffolk County on September 19, 1997 as File No. 10059, bounded and described as follows: BEGINNING at a point along the northerly line of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern" filed in the Office of the Clerk of Suffolk County on October 22, 1993 as File No. 9420, at the southeasterly corner of land to be herein described, said point being also the following eight (8) courses and distances from the corner formed by the intersection of the northerly side of Main Road (N.Y.S. Route 25) with the easterly side of a certain 33 foot wide right of way known as Birds Eye Road: 1. Northerly along the easterly side of above said right of way, 500 feet, more or less, to a point; 2. South 83 degrees 59 minutes 40 seconds East along the southerly side end of a certain 30 foot wide right of way known as Birds Eye Road, 30.02 feet to a point; 3. North 04 degrees 12 minutes 00 seconds East along the easterly side of above said right of way, 323.65 feet to a point at the southwest corner of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern" filed in the Office of the Clerk of Suffolk County on October 22, 1993 as File No. 9420; 4. South 85 degrees 48 minutes 00 seconds East along the southerly line of Lot 1 as shown on above said map, 295.46 feet to a point; 5. North 04 degrees 45 minutes 50 seconds East along the easterly line of Lot I as shown on above said map, 34.07 feet to a point; 6. South 89 degrees 37 minutes 00 seconds East along the southerly line of Lot 1 as shown on above said map, 49.77 feet actual (50.00 feet filed map); 7. North 04 degrees 45 minutes 50 seconds East along the easterly line of Lot 1 as shown on above said map, 129.10 feet actual (128.00 feet filed map); 8. South 81 degrees 10 minutes 00 seconds West along the northerly line of Lot I as shown on above said map, 22.99 feet to the true point or place of beginning; RUNNING THENCE South 81 degrees 10 minutes 00 seconds West along the northerly line of Lot 1 as shown on above said map, 28.30 feet to a concrete monument; RUNNING THENCE North 19 degrees 54 minutes 30 seconds East along the easterly line of Lot 1 as shown on above said map, 21.35 feet to a point; RUNNING THENCE South 52 degrees 45 minutes 23 seconds East through Lot 1 as shown on a certain map entitled "Map of Barbara B. Dow" filed in the Office of the Clerk of Suffolk County on September 19, 1997 as File No. 10059, 26.00 feet to the point or place of BEGINNING. 0 0 �I STATE OF/ ) )ss.: COUNTY O �1p- On (1) the day o in the year 2015 before me, the undersigned, personally appeared Dorothy Dow Anderson, 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 she executed the same in her capacity, and that by hers signature on the instrument, the individual, or theerson u o behalf of whichAe individu executed the instrument. p / /i /' �otary blllc JFN,WlfC--�* /�1 EXECUTOR'S DEED DOROTHY DOW ANDERSON, as Executrix of the Last Will and Testament of Barbara Bedell Dow a/k/a Barbara B. Dow JOHN H. JOSEPHSON and CAROLINA F. ZAPF DISTRICT: 1000 SECTION: 017.00 BLOCK: 02.00 LOT: V/.aA9�i-99� 00(0, 00Lt COUNTY OR TOWN: SUFFOLK/SOUTHOLD TAX BILLING ADDRESS: 725 Munn Lane New YorK RETURN BY MAIL TO: David M. Dubin, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP P.O. Box 9398 Riverhead, New York 11901 Page 2 of 2 Pages r CC # : C15-7391 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 02/26/2015 under Liber D00012808 and Page 168 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/26/2015 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/26/2015 Number of Pages: 5 At: 09:14:23 AM Receipt Number : 15-0024589 TRANSFER TAX NUMBER: 14-18683 LIBER: D00012808 PAGE: 168 District: Section: Block: Lot: 1000 017.00 02.00 006.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA -STATE $125.00 NO TP -584 $5.00 NO Notation $0.00 NO Cert.Copies $6.25 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $266.25 TRANSFER TAX NUMBER: 14-18683 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County This page forms part of the attached IJEG[) by: (SPECIFY TYPE OF INSTRUMENT) Estate of Barbara Bedell Dow a/k/a Barbara B. Dow The premises herein issituated in SUFFOLK COUNTY, NEW YORK. TO IntheTOWNof Southold Estate of Barbara Bedell Dow a/k/a Barbaraji.D�o In the VILLAGE or HAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Number of pagesThis document will be publicrecord. Please remove allSocial Security Numbersprior to recording.Deed / Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps3 FEESPag / Filing FeeHandling Mortgage Amt.e 1. Basic Tax2. 20. 00 Additional TaxTP-584 Sub TotalNotation 17 (County) Sub Total Spec./Assit.orEA-52 Spec. /Add.EA-5217 (State) TOT. MTG. TAXR.P.T.S.A. Dual Town Dual CountyHeld for AppointmentORTransfer TaxMansion TaxAffidavitThe property covered by this mortgage isor will be improved by a one or twcNYS Surcharge 15. 00 Sub Total family dwelling only.YES or NOOtherIf Total# NO, see appropriate tax clause onGrand of this instrument.4 Dist. I C 15004190 1000 01700 0200 006003 5 Community Preservation FundReal Property 'z- TP' tS Consideration Amount $Agency CPF Tax DueVerification :TD ImprovedSatisfactions/Discharges/Releases Vacant LandTDTwomey, List Property Owners Mailing Address6 RECORD & RETURN TO: Latham, Shea, Kelley, Dubin & Quartararo LLPP.O. Box 9398 TDRiverhead, NY 11901Attention: David M. Dubin, Esq. TDMail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information310 Co.Name Fd&/':Z�z AJ4-770,V41 -77-171-0- Center Drive, Riverhead, NY 11901 81 Suffolk County Recording & Endorsement Page This page forms part of the attached IJEG[) by: (SPECIFY TYPE OF INSTRUMENT) Estate of Barbara Bedell Dow a/k/a Barbara B. Dow The premises herein issituated in SUFFOLK COUNTY, NEW YORK. TO IntheTOWNof Southold Estate of Barbara Bedell Dow a/k/a Barbaraji.D�o In the VILLAGE or HAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. TAX MAP DESIGNATION Dist.: 1000 Sec.: 017.00 Blk.: 02.00 Lot(s): 006.003 0 0 a Executors Deed This Indenture, made the _J_ day of January, Two Thousand and Fifteen, BETWEEN DOROTHY DOW ANDERSON, with an address of 109 Heywood Drive, Glastonbury, CT 06033, as executrix of the last will and testament of Barbara Bedell Dow a/k/a Barbara B. Dow, late of New Haven County, who died on October 2, 2013, party of the first part, and DOROTHY DOW ANDERSON, with an address of 109 Heywood Drive, Glastonbury, CT 06033, as executrix of the last will and testament of Barbara Bedell Dow a/k/a Barbara B. Dow, late of New Haven County, who died on October 2, 2013, party of the second part, WITNESSETH, that the party of the first part, to whom Ancillary Letters Testamentary were issued by the Surrogate's Court, County of New York on February 18, 2014, and by virtue of the power and authority given in and by said Last Will and Testament, and/or by Article 11 of Estates, Powers and Trusts Law, and in consideration of c, T<:,.. 4441449 --A QJ1111tA tf)olYars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, SEE SCHEDULE "A" ATTACHED BEING AND INTENDED TO BE the same premises as was deeded to Barbara B. Dow by Liber 6730 page 234. The Southold Town Planing Board approved this lot line modification by Resolution on November 3, 2014. PREMISES ALSO KNOWN as 725 Munn Lane, Orient, New York. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will of otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees 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. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: L.S . Dorothy dow Anderson, as Executrix of The Last Will and Testament of BARBARA BEDELL DOW a/k/a BARBARA B. DOW 0 0 Legal Description of Dow Property ALL that certain plot, piece or parcel of land situate, lying and being at Orient. Town of Southold, County of Suffolk, and The State of New York, known and designated as part of Lot 1 as shown on a certain map entitled " Map of Barbara B. Dow", filed in the Office of the Clerk of Suffolk County on September 19, 1997 as File No. 10059, more particularly bounded an described as follows: BEGINNING at a point marked by a concrete monument along the northerly line of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as File No. 9420, at the southeasterly corner of land to be herein described, said point being also the following seven (7) courses and distances from the corner formed by the intersection of the northerly side of Main Road (N.Y.S Route 25) with the easterly side of a certain 33' wide Right of Way known as Birds Eye Road: (1) Northerly along the easterly side of above said Right of Way, 5001' feet to a point; (2) South 83 degrees 59 minutes 40 seconds East along the southerly end of a certain 30' wide Right of Way known as Birds Eye Road, 30.02 feet to a point; (3) North 04 degrees 12 minutes 00 seconds East along the easterly side of above said Right of Way, 323.65 feet to a point at the southwest corner of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stem", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as file No. 9420; (4) South 85 degrees 48 minutes 00 seconds East along the southerly line of Lot 1 as shown on above said map, 295.46 feet to a point; (5) North 04 degrees 45 minutes 50 seconds East along the easterly line of Lot 1 as shown on above said map, 34.07 feet to a point; (6) North 89 degrees 37 minutes 00 seconds West along the southerly line of Lot 1 as shown on above said map, 49.77 feet actual (50.00 feet filed map); (7) North 04 degrees 45 minutes 50 seconds Fast along the easterly line of Lot 1 as shown on above said map, 129.10 feet actual (128.00 feet filed map) to the true point or place of BEGINNING. RUNNING thence South 81 degrees 10 minutes 00 seconds West along the northerly line of Lot 1 as shown on above said "Map of Set -Off for Jack and Margaret Stern", 2299 feet to a point; RUNNING thence North 52 degrees 45 minutes 23 seconds West through Lot 1 as shown on above said "Map of Barbara B. Dow", 26.00 feet to a point along the easterly line of Lot 1 as shown on above said "Map of Set -Off for Jack and Margaret Stern"; 0 RUNNING thence two (2) courses and distances along the easterly lines of Lot 1 as shown on above said "Map of Set -Off for Jack and Margaret Stern", land now or formerly of Joseph D. LaVecchia and Leslie L. LaVecchia, Birds Eye Road (Private Road), and land now or formerly of Antonio Perez, Jr. And Anne Branch Williams Perez: (1) North 19 degrees 54 minutes 30 seconds East, 99.17 feet to a concrete monument; (2) North 07 degrees 46 minutes 30 seconds West, 565.57 feet through a concrete monument to the apparent high water mark of Long Island Sound on July 7, 2014; RUNNING thence three (3) courses and distances along the apparent high water mark of Long Island Sound on July 7, 2014: (1) South 66 degrees 33 minutes 26 seconds East, 103.18 feet to a point; (2) South 51 degrees 26 minutes 22 seconds East, 131.75 feet to a point; (3) South 35 degrees 46 minutes 33 seconds East, 26 1. 01 feet to a point along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow"; RUNNING thence the following three (3) courses and distances along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow": (1) South 34 degrees 15 minutes 50 seconds West, 130.38 feet to a point; (2) South 47 degrees 41 minutes 30 seconds West, 115.00 feet to a point; (3) South 35 degrees 57 minutes 00 seconds West, 180.00 feet to the point or place of BEGINNING. 0 0 II STATE OF ) COUNTY )ss.: �Q �/ () On the day o in the year 2015 before me, the undersigned, personally appeared Dorothy Dow Anderson, 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 she executed the same in her capacity, and that by hers signature on the instrument, the individual, or the person upo ehalf of ich the individual ac , xecuted the instrument. N tary P blic L) L'-YAAA J EXECUTOR'S DEED DOROTHY DOW ANDERSON, as Executrix of the Last Will and Testament of Barbara Bedell Dow a/k/a Barbara B. Dow TO DOROTHY DOW ANDERSON, as Executrix of the Last Will and Testament of Barbara Bedell Dow a/k/a Barbara B. Dow DISTRICT: 1000 SECTION: 017.00 BLOCK: 02.00 LOT: 006.003 COUNTY OR TOWN: SUFFOLK/SOUTHOLD TAX BILLING ADDRESS: 725 Munn Lane Orient, New York RETURN BY MAIL TO: David M. Dubin, Esq. Twomey, Latham, Shea, Quartararo LLP P.O. Box 9398 Kelley, Dubin & Riverhead, New York 11901 Page 2 of 2 Pages • CC # : C15-7393 � t COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 02/26/2015 under Liber D00012808 and Page 170 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/26/2015 SUFFOLK COUNTY CLERK (;Z �Lrz L t 2. Aa.� JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/26/2015 Number of Pages: 5 At: 09:14:23 AM Receipt Number : 15-0024589 TRANSFER TAX NUMBER: 14-18685 LIBER: D00012808 PAGE: 170 District: Section: Block: Lot: 1000 017.00 02.00 001.009 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA -STATE $125.00 NO TP -584 $5.00 NO Notation $0.00 NO Cert.Copies $6.25 NO RPT $120.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $326.25 TRANSFER TAX NUMBER: 14-18685 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 0 This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT) John H.Josephson The premises herein issituated in Carolina F. Zapf SUFFOLK COUNTY, NBWY0RK TO IntheTOWNof Southold John H.Josephson |nthe VILLAGE Carolina F. Zapf mHAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Number of pages J. Jl-r "A—K, j4.21*: This document will be public record. Please remove all Social Security Numbers P I d �' �t 1.01. prior to recording. Deed / Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES Page / Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax Sub Total Notation or EA -52 17 (County) Sub Total Spec. /Add. TOT. MTG. TAX EA -5217 (State) R.P.T.S.A. Dual Town Dual County Held for Appointment— Comm. of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is CertiftedlCopy or will be improved by a one or two N�S-S—&CQge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total "tt.- NO, see appropriate tax clause on page # of this instrument. 4 Dist. S 5, _CgM"nity Preservation Fund 15004201 L—/ Real Property P Consideration Amount $ Tax Service R VIT A) (.20 Tax $ Agency -FEB -15/"' CPF Due Verification Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD & RETURN TO: Vacant Land TD Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP P.O. Box 9398 TD Riverhead, NY 11901 Attention: David M. Dubin, Esq. TD Mail to: Judith A. Pascale, Suffolk County Clerk 7T Title Company Information Co. Name 1�t Q 47-1 OA/A, 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Title # 8 Suffolk County Recording_& Endorsement Page This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT) John H.Josephson The premises herein issituated in Carolina F. Zapf SUFFOLK COUNTY, NBWY0RK TO IntheTOWNof Southold John H.Josephson |nthe VILLAGE Carolina F. Zapf mHAMLET of Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. District Secton Block Lot 1000 01700 0200 001009 1000 01700 0200 006004 0 Doc ID: r 15004201 (OD -FEB -1 Tax Maps School District Sub Division Name � � v THIS IS A LEGALLY BINDING INSTRUMENT. IF NOT FULLY UNDERSTOOD, WE RECOMMEND ALL PARTIES TO THE INSTRUMENT CONSULT AN ATTORNEY BEFORE SIGNING. THIS INDENTURE, made the _-1day of ��015 BETWEEN F. JOHN H. JOSEPHSON AND CAROLINA�ZAPF, with an address of 211 Central Park West, Apt. 9K, New York 10024, party of the first part, and 4s fiu56aadC JOHN H. JOSEPHSON AND CAROLINA F. ZAPF, with an address of 211 Central Park West, Apt. 9K, New York 10024, party of the second part, WITNESSETH, that the party of the first part, in consideration of one dollar and other good and valuable 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, his heirs and assigns forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being SEE SCHEDULE "A" ANNEXED HERETO BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed made by Carol Thor Hanson and Charlotte Edens Hanson dated 09/17/ 2004 and recorded 10/08/20ftt Liber D00012348 at Page 278. The Southold Town Planing Board approved this lot line modification by Resolution on November 3, 2014. PREMISES ALSO KNOWN as 900 Birds Eye Road, Orient, New York. 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 pf the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs and assigns forever. AND the party of the first part covenants that he has not done or suffered anything whereby the said premises have been encumbered in any way whatever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. In presence of:= Jo osephson Carolina �apf 0 • Legal Description of Josephson Property ALL that certain plot, piece or parcel of land situate, lying and being at Orient, Town of Southold, County of Suffolk and The State of New York, know and designated as Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as File No. 9420 and part of Lot 1 as shown on a certain map entitled "Map of Barbara B. Dow:, filed in the Office of the Clerk of Suffolk County on September 19, 1997 as File No. 10059, more particularly bounded and described as follows: BEGINNING a t a point at the southwest corner of Lot 1 as shown on above said "Map of Set - Off for Jack and Margaret Stern", at the southwesterly corner of land to be herein described, said point being also the following three (3) courses and distances from the corner formed by the intersection of the northerly side of Main Road (N.Y.S. Rte. 25) with the easterly side of a certain 33' wide Right of Way known as Birds Eye Road: (1) Northerly along the easterly side of above said Right of Way, 500`d feet to a point; (2) South 83 degrees 59 minutes 40 seconds East along the southerly end of a certain 30' wide Right of Way known as Birds Eye Road, 30.02 feet to a point; (3) North 04 degrees 12 minutes 00 seconds East along the easterly side of above said Right of Way, 323.65 feet to the true point or place of BEGINNING. RUNNING thence the following two (2) courses and distances along the easterly side of above said Right of Way: (1) North 04 degrees 12 minutes 00 seconds East, 177.40 feet to a point; (2) North 58 degrees 00 minutes 00 seconds East, 213.60 feet to a point at the southwest corner of land now or formerly of Joseph D. LaVecchia and Leslie L LaVecchia; RUNNING thence South 86 degrees 00 minutes 00 seconds East along the southerly line of above said land, 150.00 feet to a concrete monument along the westerly line of Lot 1 as shown on above said "Map of Barbara B. Dow"; RUNNING thence along the westerly line of above said "Map of Barbara B. Dow" the following two (2) courses and distances: (1) South 07 degrees 46 minutes 30 seconds East, 33.89 feet (35.00 feet filed map) to a concrete monument; (2) South 19 degrees 54 minutes 30 seconds West, 99.17 feet to a point; RUNNING thence South 52 degrees 45 minutes 23 seconds East through Lot 1 as shown on above said "Map of Barbara B. Dow', 26.00 feet to a point along the southerly line of Lot 1 as shown on above said "Map of Barbara B. Dow; RUNNING thence North 81 degrees 10 minutes 00 seconds East along the southerly line of above said "Map of Barbara B. Dow, 22.99 feet to a concrete monument along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow"; RUNNING thence South 04 degrees 45 minutes 50 seconds along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow", 129.10 feet (128.00 feet filed map) to a point along a stone wall marking the northerly line of "Old Burying Ground'; RUNNING thence the following two (2) courses and distances along a stone wall marking the northerly and westerly lines of above said "Old Burying Ground": (1) North 89 degrees 37 minutes 00 seconds West, 49.77 feet to a point; (2) South 04 degrees 45 minutes 50 seconds West, 34.07 feet to a point at the northwest corner of Lot 2 as shown on above said "Map of Set -Off for Jack and Margaret Stern"; RUNNING thence North 85 degrees 48 minutes 00 seconds West along the northerly line of Lot 2 as shown on above said "Map of Set -Off for Jack and Margaret Stern", 295.46 feet to the point or place of BEGINNING. Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK, COUNTY OF SU 4401(L— , ss: On the day ofin the year 2015 before me, the undersigned, personally appeared John H. Josephson personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(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. Yi4" 44 MARY L. SILLECK ���� (signature office of individual taking acknowledgment) Notary Public, State of New York No. 01S14984608 CSull�� L . `a! Qualified in Suffolk County�n� Commission Expires July 29, P)f Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK, COUNTY OF 6+11 A- , ss: On the 6u day of in the year 2015 before me, the undersigned, personally appeared Carolina F. Zapf personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behal of which the individual(s) acted, executed the instrument. (signature anN�ld ice of individual taking acknowledgment) (0rr�-[ t.-, Sly -I --I U(. MARY L. SILLECK Premises: 900 Birds Eye Road, Orient, New York District 1000 Section 017.00 Block 02.00 Lot: 001.009 LfJtvU4��- Notary Public, State of New York No. 01 S 14984608 Qualified in Suffolk County Commission Expires July 29,E BARGAIN AND SALE DEED With Covenant Against Grantor's Acts John H. Josephson and Carolina F. Zapf TO John H. Josenhson and Carolina F. Z,anf Return by Mail to: David M. Dubin, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP P.O.Box 9398 33 West Scond Street Riverhead, New York 11901 i -rlas kt 1. 3cG:,rl i::i:rlsral�hcr t?. Kcll<� l'!kl:t('t':IP.1M1' Ianicx t- tirtc:;.l Anne Nati' (""LlI, liV-' C. Nan ;:rtt KalLr�'ir U�dli L:n�r:l L Chn;r�ar5 I.i�a l`larl:� o;aLrilk k�.x:i ll. Ii'dek„ lr. NIA -aa 11. Udnr 1"14, E. Kinin—lis Liar,[) L. '�tde 1. Ras -ell $aza F,k,t:+llirru Rr4'alt 1. Ilr o' I"Im A. Otto 'a I'crnad:ae F.'51thill i;raig II. Haml,cr Al,-xarulr./H.Js=v• i„rc4; latlnile.r V Nip ro • Twomey, Latham, Shea, Kelley, Dubin & Q1lartararo LLP A T T fJ R N E Y S A L A W � r 01'1'1.40)t't115 0f 5t Vi - NI A 11, 1 N k ; A I ) I C E it January 6, 2015 Via Email - alyxandra.sal)atinontown.soutliold.nv.us Planning Board Office P.O. Box 1179 Southold, New York 11971 Attention: Alyxandra Sabatino, Planner `.IA11,1NC;AI)ICEF S: I'<.,i ()Ikrt:c filo 9308 Rnrcrllc rl.Ncl lurk IIt)'t,uj9. M.-IIN±11 K'F: I t. ','Iiti `et ri sir Rig: rll •.t+1. N��•.; 7 c1 i i`'t `?.�`i -1,elvph, n(c:631.7it-7InO F,acsimilr: tii 1.7 "7.1701 khoeg�iisuCfolklaw.com Extension 269 Direct Fax: 63 1.727.2385 Re: Final Approval: Proposed Lot Line Modification for Josephson, Zapf and Dow located on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient SCTM No.: 1000 — 17 — 2 — � 1.9 h 6.1 Zoning District: R-40 Dear Aly: As we are in the process of getting signatures on the various deeds and recording documents we respectfully request a 62 -day extension to submit a copy of the recorded deeds to the Planning Department. Please confirm in writing that this is acceptable. Thank you for your prompt attention. KAH/If Enc. Wets y 'o 's, ti Karen A. aeg • PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR February 10, 2015 David M. Dublin, Esq. 33 West 2nd Street P.O. Box 9398 Riverhead, NY 11901 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. BOX 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-rmy.gov Re: Extension of Final Approval: Proposed Lot Line Modification for Josephson, Zapf and Dow Located on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient SCTM#1000-17-2-1-1.9 & 6.1 Zoning District: R-40 Dear Mr. Dubin: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 9, 2015: WHEREAS, this proposed Lot Line Modification transfers 0.01 acre from SCTM#1000- 17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot 1.9 will increase from 2.02 acres to 2.03 acres located in the R-40 Zoning District; and WHEREAS, on November 3, 2014, the Southold Town Planning Board granted Final Approval on the maps entitled "Lot Line Modification Map of Property Situate Orient", prepared by Nathan Taft Corwin 111, Land Surveyor, dated July 7, 2014; and WHEREAS, a copy of the recorded deeds must be submitted to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void; and WHEREAS, on January 4, 2015, the approval expired; and WHEREAS, on January 6, 2015, the agent submitted a request for a 62 day extension to submit a copy of the recorded deeds; be it therefore Josephson, Zapf & Do* [2] Fe*ary 10, 2015 RESOLVED, that the Southold Town Planning Board grants an Extension of Final Approval through March 9, 2015 on the maps entitled "Lot Line Modification Map of Property Situate Orient", prepared by Nathan Taft Corwin III, Land Surveyor, dated July 7, 2014. Please submit a copy of the recorded deeds to the Southold Town Planning Department within 62 days of the date of this Extension of Final Approval, or such approval shall expire and be null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman • PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR October 22, 2014 David M. Dubin, Esq. Dubin & Duartararo, LLP P.O. Box 9398 Riverhead, NY 11901 • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www. southoldtownny.gov Re: Proposed Lot Line Change for Josephson, Zapf & Dow Located on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient. SCTM#1000-17-2-1.9 & 6.1 Zoning District R-40 Dear Mr. Dubin: The Planning Board reviewed the above -referenced application at their Work Session on October 20, 2014 and has agreed to issue a determination at their November 3, 2014 Public Meeting. If you have any questions, please do not hesitate to contact this office. Very truly yours, abA*a��� sabo_5_-•� Alyxandra Sabatino Planner SCTM#1000-17-4-16 (North Dyer) is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-4-14.2 (South Dyer) is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. Status:Pending _ .......... Action: Discuss recommending View Shed Analysis. Attachments: Staff Report Toolanning Board Work Session October 202014 - Page 12 Southold - ......... Project name ... .................................... ....... __.. ..... Peconic Recycling & Transfer II SCTM# 1000-95-2-5 . ..... . _ .......... .... Location: 560 Commerce Dr., at the intersection of Corporate Rd. & Commerce Dr., Cutchogue Description: This Site Plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer ...... station use on a vacant 118,164.2 sq. ft. parcel in the LIO Zone. ... ... ......_........... ...... ............_ . ....... ....... .. ...._ ........ Status: Approved Site Plan .............................................. _............................................................. ...... Action: ....................... ..... .. Review revised Site Plan. ...... ...... ................................._ _ __ ........ Attachments. ....... .............. ....... Project Name. .... ............................................... .... .. .... .... Josephson, Zapf & Dow SCTM# 1000-17-2-1.9 & 6.1 ........ ...... ..................... . Location: 900 Birds Eye Road & 725 Munn Lane, Orient .. Description: This proposed Lot Line Modification transfers 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot 1.9 will increase from 2.02 acres ._ _ to 2.03 acres located in the R-40 Zoning District. ... ....... ... ..... .. Status.Pending ...... Action: .... Review for approval. . ........ ......... . ........_..._ ............ _ ........ .. Staff ReportAttachments. ........................................... ............................ ........ ... .......... ........ .. ........ Project Name. .... ..... ........ ...... Tuthill Conservation Subdivision SCTM#. 1000-17-4-16,17-6-14.2,18-3-: 30.3, 18-6-17.3, 18-6-18.1 .... .... ......... _ _ . ................................................. ....... ... _...... ......... . ....... Description: ......... .. ......... This proposal is for an 80/60 Conservation Subdivision of four parcels (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. SCTM#1000-17-4-16 (North Dyer) is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-4-14.2 (South Dyer) is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. Status:Pending _ .......... Action: Discuss recommending View Shed Analysis. Attachments: Staff Report 0 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE R.AFFERTY JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 7, 2014 David M. Dubin, Esq. P.O. Box 9398, 33 West 2nd Street Riverhead, NY 11901 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www. southoldtownny. gov Re: Close Hearing - Proposed Lot Line Modification for Josephson & Zapf and Anderson for the Estate of Barbara B. Dow Located at 900 Birds Eye Road & 725 Munn Lane, on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient SCTM#1000-17-2-1.9 & 6.1 Zoning District: R-40. Dear Mr. Dubin: A public hearing was held by the Southold Town Planning Board on Monday, October 6, 2014 regarding the above -referenced Lot Line Modification. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman 0 0 Suhmission Without a Cover Letter Sender: Subject:���� P SCTM#: 1000 - t �-' Date: (c � -: 1 L1 ' Comments: N-- ��Xl co YcfS � Sc� ✓��a�, r • • AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 725 Munn Lane, Orient, New York AND 900 Birds Eye Road, Orient, New York by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on 10/6/14 I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on See Attached Mailing List Dolores Quick Your Name (print) Signature -' Twomey Latham Shea Kelley Dubin & Quartararo, LLP P.O. Box 9398 Riverhead NY 11901 Address 10/3/14 ate otary Polic MARY L. SILLECK Notary Public, State of New York No. 04 S14984608 Qualified in Suffolk Counix/ Commission Expires July 29 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fria 10/3/14 Re: Proposed Lot Line Change for John Josephson & Carolina Zapf, and Dorothy Anderson for the Estate of Barbara B. Dow SCTM#s: 1000-17-2-1.9 & 6.1 Date of Hearing: Monday, October 6, 2014,6:02 p.m. 1466- • MAILING LIST • JOSEPHSON / DOW LOT LINE MODIFICATION PLANNING BOARD HEARING NOTICE SCTM# 1000-17-2-1.11 (1515 Birds Eye Road, Orient) Mailing address: John H. Josephson 211 Central Park W Apt 9K New York, NY 10024 SCTM# 1000-17-2-1.14 (700 Birds Eye Road, Orient) Mailing address: Interwellen Property Partners, LLC C/O John Josephson Allen & Co. LLC 711 Fifth Ave New York, NY 10022 SCTM# 1000-17-2-1.4 (1675 Birds Eye Rd., Orient) Mailing address: Antonio Perez, Jr. Perez Anne 318 Holly Dr San Rafael, CA 94903 SCTM# 1000-17-2-1.5 (908 Birds Eye Rd., Orient) Mailing address: Joseph D. LaVecchia Leslie LaVecchia 908 Birdseye Rd PO Box 600 Orient, NY 11957 SCTM# 1000-17-2-4 Cemetery - No tax mailing address available SCTM# 1000-17-2-6.2 (Munn Lane, Orient) Mailing address: Dorothy D. Anderson, Nicholas Jacangelo, Peter Bedell Ors Anderson 109 Heywood Dr Glastonbury, CT 06033 SCTM# 1000-17-1-5 (1105 Birds Eye Rd., Orient) Mailing addres:s Anthony V. Aquino Suzanne L Hahn -Aquino PO Box 391 Orient, NY 11957 (Domestic Mail Only; No Insurance Coverage. rovidet For delivery information visit our website at www.usps.come ru entTi Jacang ,Bed r'q_ . E3 meet Ors Anderson r%- or PO cry,"s. 109 Heywood Dr. Glastonbury, CT 06033 Postmark Here icholas O Restricted Delivery Fee . r (Endorsement Required) r_1 rU Total Pnsfann X C---FProper:t"ers, LLC ru Interwelley ru ser C/O John Josephson C3 Stn Allen & Co. LLC city or F 71 l Fifth Ave. New York, NY 10022 Restricted Delivery Fee (Endorsement Required) r� ru Tou nj ,u F�� John H. Josephson ra 211 Central Park W Apt. 9K C3 r- New York, NY 10024 r3 Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee r3 (Endorsement Required) ri rU Total "' Antonio Perez, Jr. ru Fn Anne Perez ra C3 318 Holly Dr. N San Rafael, CA 94903 0 (Endorsement Required) Here C3 Restricted Delivery Fee - (Endorsement Required) r-4 nJ Total ti Anthony V. Aquino ru Fsent Suzanne L Hahn-AquinoE3PO Box 391 Orient, NY 11957 items 1, 2, and 3. Also complete estricted Delivery is desired. name and address on the reverse can return the card to you. I card to the back of the mailpiece, ront if space permits. essed to: D. Anderson, Nicholas o, & Peter Bedell erson wood Dr. fury, CT 06033 A. Si nature X r, F� ^ ❑ Agent JJCCVV�� (�c�.. ❑ Addrespee B. Received by Printed Name) (CYDa,,f, D y ry !�Of /7 D. Is delivery address different from item 1? LI W If YES, enter delivery address below: ❑ No 3. S�e Type ❑ Certified Maile ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes ervicelabel) 7012 2210 0001 _53925253 July 2013 Domestic Return Receipt ------- ms 1, 2, and 3. Also complete Acted Delivery is desired. me and address on the reverse in return the card to you. and to the back of the mailpiece, it if space permits. ied to: V. Aquino Hahn -Aquino --- 91 Y 11957 A. B. Received by ❑ Agent C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express`" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes Ivice label) 7012 2210 0001 5392 5260 u t 0 Ra tumReceipt F G (Endorsement Re) C3 ru ru Joseph Joseph D LaVecchia Restdcted Delive Sentra Leslie LaVecchia C3 (Endorsement Req 908 Birdseye Rd """-'- r or POE PO Box 600 '"""-""" r - City, St W Total o^^� n - Orient, NY 11957 ti Doro ru entTi Jacang ,Bed r'q_ . E3 meet Ors Anderson r%- or PO cry,"s. 109 Heywood Dr. Glastonbury, CT 06033 Postmark Here icholas O Restricted Delivery Fee . r (Endorsement Required) r_1 rU Total Pnsfann X C---FProper:t"ers, LLC ru Interwelley ru ser C/O John Josephson C3 Stn Allen & Co. LLC city or F 71 l Fifth Ave. New York, NY 10022 Restricted Delivery Fee (Endorsement Required) r� ru Tou nj ,u F�� John H. Josephson ra 211 Central Park W Apt. 9K C3 r- New York, NY 10024 r3 Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee r3 (Endorsement Required) ri rU Total "' Antonio Perez, Jr. ru Fn Anne Perez ra C3 318 Holly Dr. N San Rafael, CA 94903 0 (Endorsement Required) Here C3 Restricted Delivery Fee - (Endorsement Required) r-4 nJ Total ti Anthony V. Aquino ru Fsent Suzanne L Hahn-AquinoE3PO Box 391 Orient, NY 11957 items 1, 2, and 3. Also complete estricted Delivery is desired. name and address on the reverse can return the card to you. I card to the back of the mailpiece, ront if space permits. essed to: D. Anderson, Nicholas o, & Peter Bedell erson wood Dr. fury, CT 06033 A. Si nature X r, F� ^ ❑ Agent JJCCVV�� (�c�.. ❑ Addrespee B. Received by Printed Name) (CYDa,,f, D y ry !�Of /7 D. Is delivery address different from item 1? LI W If YES, enter delivery address below: ❑ No 3. S�e Type ❑ Certified Maile ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes ervicelabel) 7012 2210 0001 _53925253 July 2013 Domestic Return Receipt ------- ms 1, 2, and 3. Also complete Acted Delivery is desired. me and address on the reverse in return the card to you. and to the back of the mailpiece, it if space permits. ied to: V. Aquino Hahn -Aquino --- 91 Y 11957 A. B. Received by ❑ Agent C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express`" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes Ivice label) 7012 2210 0001 5392 5260 u t ru ru Joseph Joseph D LaVecchia rU Sentra Leslie LaVecchia r -i O Street, . 908 Birdseye Rd """-'- r or POE PO Box 600 '"""-""" City, St Orient, NY 11957 MAN -- my 2013 Domestic Return Receipt Thoma, A_ Tcomry, Jr. S'Iwhen B. Lxham John E Shea, III Chnsn"hhcr D. Kelley D.n id NI Dul in lay P. Quart:Iru,I rear NI. Mort I.illice L_ Snead 'Antic Nlarie Goodale BI`an C. Vim Catt . Kathrvn Dalli L:mra L Dunazhan Lisa Clare Konlbrink I'anick R. Fite Fn -d W. Thiele, Ir. Nlclissa H. Sidor Kelly E. Kiniron: Lwren E. Stilc: I',micia I Russell Rcta Eh ahimi Bryan J. Dra;o John A. Otto Bernadette L Tuthill Cram H. Handler Alejandra Halsey-Stotrh Kenneth P. U\ dle K, vin NL Foy Karen A. Hoeg t Mil -I" ,I I -I([. '0 NLiin >inrr Lror K,nipi i), Nl 11`)37 (,? 1.3?4. 1200 it Bill �rr��ct ''rhomgv,m. N) 1190 4'0\\q"1111 1L ..1 I Luq�h.nu�r. �l� 117�� 1414 - ��uil�d,l. Twomey, Lato, Shea, Kelley, Dubin & Quartararo LLP A T T O R N E Y S AT LAW VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Town of Southold Dear Neighbor: 0 (:cicGratilIq 01'cr40_ ears of sn-l'icc NIA AILING DDRESS: Post Office Box 9396 Riverhead, New York 11901,9396 MAIN OFFICE: 33 West Second Street Riverhead, New Yuck 11901-9398 Telephone: 631.727.2180 Facsimile: 6.31.727.1767 wvvw.sUff01k1aUCc01-11 khoeg@suffolklaw.com Extension 269 September 26, 2014 Planning Board Lot Line Modification application Premises No. 1: 900 Birds Eye Road, Orient, NY SCTM#: 1000-17-1-1.9 Premises No. 2: 725 Munn Lane, Orient, NY SCTM#: 1000-17-1-6.1 This office represents John Josephson, Carolina Zapf, and the Estate of Barbara B. Dow, the owners of the above referenced premises, with regard to their application to the Town of Southold Planning Board for a 264 square foot lot line modification between their properties. A public hearing regarding the proposed lot line modification has been scheduled for Monday, October 6, 2014 at 6:02 p.m. at the Southold Town Hall, 54375 State Road 25, Southold, New York. A copy of the Notice to Adjacent Property Owners and a survey showing the lot line modification are enclosed for your review. If you have any questions with regard to this application please feel free to call me at (631) 727-2180 x269. Enc. Very truly yours, L I. Karen A. Hoeg Southold Town Planning Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Lot Line Change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-17-2-1.9 & 6.1; 3. That the property which is the subject of this application is located in the R-40 Zoning District; 4. That the application is for a proposed Lot Line Modification to transfer 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres; Lot 1.9 will increase from 2.02 acres to 2.03 acres. The property is located at 900 Birds Eye Road & 725 Munn Lane, on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet* 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Weblink located on bottom left of home page, 3. Click on "Planning Dept." folder; 4.Click on "Applications", then "Lot Line Changes", then "Pending", 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Carol. Kalin@town.southold.ny.us, 6. That a public hearing will be held on the matter by the Planning Board on Monday, October 6, 2014 at 6:02 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: John Josephson & Carolina Zapf and Dorothy Anderson for the Estate of Barbara B. Dow Date: 9/23/14 41►. 1101' 1.1NE NI 0 1) 1 FIC, ATI 0N L1AP OF' PROPL'R l'1' srrUll'PA. OR11''NT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX N0. 1000-1'7-02--1.9 S.0 TAP: N0. 1000-L1'/ 02-6.1 JULY 7, 201A xn I a N47R.:LOT u,Br,s 5x0wll III I � )) HFFfn TO .S..7 OFF FUR LACI( h'.M ARUAT(F:I' ST'RRM ,,,, , 1 n FIC(2.99f ABL.OLFI+n.0 Ix . Tl m0•,01 [B5sl.Uw Vi: r 1� , 11:19 l0 01 B if PRNAH.1x If'll Utln'o �N15FI IFIIB N 9. 991 A.. rFB fxOl 11,111— — .0011 "T-11 IMNtN S.C. TAN No. 1000- 17-02-1.9 JOHN M. ANO CAPOLINL JOSEP11-301J 211 CENTRAL PARK WEST, APT. 9K NEW YORK N( 10024 OWNER S.C. TAX N0. 1000-17 02-6.1 BARBARA OU•+l 87 MARJ 0RIE C(IURf MANIIASSET, NY 11050 hII 4 / SCALE 1•=600' '7 1101' 1.1NE NI 0 1) 1 FIC, ATI 0N L1AP OF' PROPL'R l'1' srrUll'PA. OR11''NT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX N0. 1000-1'7-02--1.9 S.0 TAP: N0. 1000-L1'/ 02-6.1 JULY 7, 201A xn I a N47R.:LOT u,Br,s 5x0wll III I � )) HFFfn TO .S..7 OFF FUR LACI( h'.M ARUAT(F:I' ST'RRM ,,,, , 1 n FIC(2.99f ABL.OLFI+n.0 Ix . Tl m0•,01 [B5sl.Uw Vi: r 1� , 11:19 l0 01 B if PRNAH.1x If'll Utln'o �N15FI IFIIB N 9. 991 A.. rFB fxOl 11,111— — .0011 "T-11 IMNtN S.C. TAN No. 1000- 17-02-1.9 JOHN M. ANO CAPOLINL JOSEP11-301J 211 CENTRAL PARK WEST, APT. 9K NEW YORK N( 10024 OWNER S.C. TAX N0. 1000-17 02-6.1 BARBARA OU•+l 87 MARJ 0RIE C(IURf MANIIASSET, NY 11050 \x, III \1\ III 77P I A c� I s I I I I � r I � e nu�uGl I _s; f/ I I I I I I I I r I I 4 I i MAIN ROAD tars h.. 4s1 1101' 1.1NE NI 0 1) 1 FIC, ATI 0N L1AP OF' PROPL'R l'1' srrUll'PA. OR11''NT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX N0. 1000-1'7-02--1.9 S.0 TAP: N0. 1000-L1'/ 02-6.1 JULY 7, 201A xn I a N47R.:LOT u,Br,s 5x0wll III I � )) HFFfn TO .S..7 OFF FUR LACI( h'.M ARUAT(F:I' ST'RRM ,,,, , 1 n FIC(2.99f ABL.OLFI+n.0 Ix . Tl m0•,01 [B5sl.Uw Vi: r 1� , 11:19 l0 01 B if PRNAH.1x If'll Utln'o �N15FI IFIIB N 9. 991 A.. rFB fxOl 11,111— — .0011 "T-11 IMNtN S.C. TAN No. 1000- 17-02-1.9 JOHN M. ANO CAPOLINL JOSEP11-301J 211 CENTRAL PARK WEST, APT. 9K NEW YORK N( 10024 OWNER S.C. TAX N0. 1000-17 02-6.1 BARBARA OU•+l 87 MARJ 0RIE C(IURf MANIIASSET, NY 11050 • :7 #11879 0 C 1 0 STATE OF NEW YORK) )SS. _J COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 25th day of September, 2014. , Principal Clerk Sworn to before me this � day o 2014. aHN'A, NSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County MY Commission Expires February 28, 2016 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDORNV • PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny. gov NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 6th day of October, 2014 on the question of the following: 6:01 p.m. Proposed Open Development Area for the Sidor Family, located at 2010 Oregon Road, on the s/s/o Oregon Road, approximately 1,305' e/o Mill Road, Mattituck, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-100-4-4 6:02 p.m. Proposed Lot Line Modification for Josephson, Zapf & Dow, located at 900 Birds Eye Road & 725 Munn Lane, on the a/s/o Birds Eye Road, approximately 500' n/o NYS Route 25, Orient, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-17-2-1.9 & 6.1 Dated: 9/18/14 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, SEPTEMBER 25, 2014 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times C� Kalin, Carol From: Cerria Torres <ctorres@timesreview.com> Sent: Thursday, September 18, 2014 1:18 PM To: Kalin, Carol Subject: Re: Legal Ad for 9/25 Edition of Suffolk Times Importance: High Carol, This notice is scheduled for publication in The Suffolk Times on 09/25/14. Thankyou SIM rM� R "'J MEDIA GROUP Cerria Torres Display Ad Coordinator 631.354.8011 (D) ctorres@timesreview. com legals _timesreview.com www.timesreview.com From: <Kalin>, Carol <Carol.Kalin@town.southold.nv.us> Date: Thursday, September 18, 2014 1:23 PM To: Times Review <legals@timesreview.com> Subject: Legal Ad for 9/25 Edition of Suffolk Times Please print the attached legal ad for the October 6, 2014 Planning Board Public Hearings regarding the Sidor Family Open Development Area and the Josephson, Zapf & Dow Lot Line Modification in the September 25, 2014 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin Secretarial Assistant Southold Town Planning Board Town Hall Annex at Capital One Bank 54375 NYS Route 25, P.O. Box 1179 Southold, New York 11971 631/765-1938 phone 631/765-6640 fax • PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR • PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-imy.gov NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 6th day of October, 2014 on the question of the following: 6:01 p.m. Proposed Open Development Area for the Sidor Family, located at 2010 Oregon Road, on the s/s/o Oregon Road, approximately 1,305' e/o Mill Road, Mattituck, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-100-4-4 6:02 p.m. Proposed Lot Line Modification for Josephson, Zapf & Dow, located at 900 Birds Eye Road & 725 Munn Lane, on the a/s/o Birds Eye Road, approximately 500' n/o NYS Route 25, Orient, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-17-2-1.9 & 6.1 Dated: 9/18/14 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman • 0 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 24th day of September, 2014 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 10/6/14 Public Meeting: 6:01 p.m. Public Hearing for the proposed Open Development Area for the Sidor Family, SCTM#1000-100-4-4 6:02 p.m. Public Hearing for the proposed Lot Line Modification for Josephson, Zapf & Dow, SCTM#1000-17-2-1.9 & 6.1 (� r 6 LL�LA J Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this 4�'day of� 2014. MELANIE DOROSKI NOTARY PUBLIC, State of New York No. 01 D04634870 Qualified in Suffolk County abi Commission Expires September 30, • PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR • O�apF SO(/ryo 0 iQ @y�OUNT'1,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 23, 2014 David M. Dubin, Esq. P.O. Box 9398, 33 West 2nd Street Riverhead, NY 11901 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov Re: Set Hearing - Proposed Lot Line Modification for Josephson & Zapf and Anderson for the Estate of Barbara B. Dow Located at 900 Birds Eye Road & 725 Munn Lane, on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient SCTM#1000-17-2-1.9 & 6.1 Zoning District: R-40 Dear Mr.'.Dubin: A public hearing date has been set for Monday, October 6, 2014 at 6:02 p.m. regarding the Lot Line Modification entitled "Lot Line Modification Map of Property Situate Orient", dated July 7, 2014. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, October 3rd The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Lot Line Change,- 2. hange; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-17-2-1.9 & 6.1; 3. That the property which is the subject of this application is located in the R-40 Zoning District, 4. That the application is for a proposed Lot Line Modification to transfer 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres; Lot 1.9 will increase from 2.02 acres to 2.03 acres. The property is located at 900 Birds Eye Road & 725 Munn Lane, on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd Fl., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Lot Line Changes", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a public hearing will be held on the matter by the Planning Board on Monday, October 6, 2014 at 6:02 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: John Josephson & Carolina Zapf and Dorothy Anderson for the Estate of Barbara B. Dow Date: 9/23/14 • • Adjacent Property Owners for the Josephson Lot Line Change SCTM# 1000-17-2-1.9 &6.1 1000-17-2-1.11 1000-17-2-1.14 1000-17-2-1.4 1000-17-2-1.5 1000-17-2-4 1000-17-2-6.2 1000-17-1-5 • a N 362 562 N 356,791 a gop�ry nRwtine S�mealen ld No. na 9Ny In+ ---- mm�o w —� RMS cR Rst w. (21) eena o.l,da�. --�'-- Nra.nawel:e. --"-- wAess u+..w oreERwlsE r,L�.naFERT.Ec NOTICE .Rz wTRw nrt wx>.awNc dsiRlcTs- r..O.e.aw R — — 1Og0. 2 iENfR MAINTENANGE.ALTERATION, SALE OR 25 26 MORAN� MST—U— OT ANY PORTION OF TME V61n Rib lw __ _ 40 SUrF—COUNTY TAI( MNP IS P-151TED r.n o�n.a.. —�-- R��--,^•^,— ^rte E 65 R.�.�eeRM._m R�w�RnonFar N—MIM µiSSWry OF TIE COUNTY OF SUFFOLK © I K E 170 Real Property Tax Service Agency v County CGOt.r Ri-Th..d, N Y 11!01 017 SuuE w 1EET A 023 2O TOWN OF SOUTHOLD wLAGE Of d 1RICTNO 1000 N 366,M SECTION NO 17 • 0 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 10/3/14 Re: Proposed Lot Line Change for John Josephson & Carolina Zapf and Dorothy Anderson for the Estate of Barbara B. Dow SCTM#s: 1000-17-2-1.9 & 6.1 Date of Hearing: Monday, October 6, 2014, 6:02 p.m. 0 Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hbaring on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. JOHN JOSEPHSON &CAROLINA ZAPF AND DOROTHY ANDERSON FOR THE ESTATE OF BARBARA B. DOW • LOT LINE CHANGE FOR JOSEPHSON & ZAPF AND ANDERSON FOR THE ESTATE OF BARBARA B. DOW 1 000- 1 7-2-1.9 & 6.1 Proposal for a Lot Line Modification to transfer 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres; Lot 1.9 will increase from 2.02 acres to 2.03 acres located in the R-40 Zoning District. MONDAY - OCTOBER 6,2014 - 6:02 P.M. Southoldiown Planning Board Work Session — September 22, 2014 Project name .. ..... ......... .. ............... ....... . ........ ....... Gordon Estate of Albert H. SCTM# 1000-9-7-8.2 & 8.3 Location ...... ..... _ ..... _� .. ....... .. ..................... ......... Halcyon, Oceanic & Midlothian Avenues, Fishers Island __ ....... ......... .... .. ......... ........ .......... Description: This proposed Lot Line Change will transfer 0.58 acres from SCTM1000- 9-7-8.2 to SCTM1000-9-7-8.3. Lot 8.3 will increase from 0.30 acres to 0.87 acres and Lot 8.2 will decrease from 3.56 acres to 2.9 acres located ................................................ _ in the R-80 Zoning District. ........ ........ _ . ......................................................... ............. ....... ......... Status: ........ ......... Pending ........ ....... ......... ..... ...... ......... ........ Action: Review submitted documents. Attachments:Staff .............._......._.......... Report ........ ........ ....... .. ..... _._ Project Name. 1 ... ................ .. ......... Jose hson, Za f & Dow SCTM#: 1000-17-2-1.9 & 6.1 p......... P ........ ....._ Location: ....... ......... ......._.. ....... ......_ .............. ......... 900 Birds Eye Road & 725 Munn Lane, Orient ........ ........ ...... ..... ........ ........ . Description: This proposed Lot Line Modification transfers 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot 1.9 will increase from 2.02 acres to 2.03 acres located in the R-40 Zoning District. .......... ....... ........ Status ... ...... ... New Application ............................ ..... _ . ...... ._....... .................................................... ... . ............. Action- .................................. ........ Review for completeness. _ .. ... ................ ........ .............................................. ............. Attachments: ........ Staff Report .. ........ ........ ......... ............. ........ ........................................................... ........ _ Project name ....... ....... ......... .._............. ...... ...... .................. ......... Peconic Recycling & Transfer II SCTM#: 1000-95-2-5 ........ ........ Location: ._......_ ........... . _._... ....... .... ....... ......................................... 560 Commerce Dr., at the intersection of Corporate Rd. & Commerce ....... ..._....... .... . .. Dr., Cutchogue ........ ........ .._.... ........ ........ ........ .............. Description: This Site Plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft parcel in the LIO Zone. .. ........ ........... ........ ........ ......... Status .. ..... ... Approved Site Plan ........ ........ ...... ....... .... _... .._._ ... ........ ..... ................... _ Action: Review revised Si Attachments ............... ......... ..... ..... ........... ........................................................ Staff Report ..... .................................................. ........ Discussion: 1. Depot Enterprises, SCTM#1000-102-2-12.6, 29325 Route 25, Cutchogue — review comments to ZBA 2. Incoming mail — email vs. paper Souald Planning Department Sta�"f Report Subdivision Application Work Session Review Date: September 22, 2014 Prepared By: Aly Sabatino I. Application Information Project Title: Zapf & Dow & Josephson Applicant: Dorothy Anderson, John Josephson, Carolina Zapf Date of Submission: August 29, 2014 Tax Map Number: 1000-17-2-6.1 & 1.9 Project Location: 900 Birds Eye Road and 725 Munn Lane Hamlet: Orient Zoning District: R-40 II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 5 acres # of Lots Proposed: N/A III: Action to review Completeness Review IV: Analysis This lot line modification will create no new residential development potential and is also eligible for a decision from the Southold Planning Board prior to receiving approval by the Suffolk County Department of Health Services. This lot line modification is proposing transfer 264 sq. ft. from lot 6.1 to lot 1.9. Existing area: 1000-17-2-6.1= 2.68 acres 1000-17-2-1.9= 2.02 acres Proposed area: 1000-17-2-6.1= 2.67 acres 1000-17-2-1.9= 2.03 acres All proposed lot sizes meet the required minimum of 40,000 sq. ft. per lot in the R-40 zone. Soupold Planning Department Staff Report Required Submitted Cover Letter Yes Re -Subdivision Application Form Yes Authorization Letters Yes Copy of Property deeds Yes Copy of all COs None submitted Copies of Easements, C&Rs Yes- Well Easement, electric easement Lot Recognition Proof Yes- Approved Subdivision Maps from 1997 and 1993. Short Environmental Assessment Form Yes Application Fee Yes -.the required $500 Six Copies of survey showing existing conditions Yes Six Copies of the Re -Subdivision Plan showing proposed lot line configurations Yes Draft Deeds which includes a reference to the Planning Board and a sketch illustrating the modification Yes V: Staff Recommendations 1. All requirements for application completeness have been met; recommend accepting the application as complete. 2. Send referrals out to all applicable agencies and set the public hearing. 2 • PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR September 23, 2014 David M. Dubin, Esq. Dubin & Duartararo, LLP P.O. Box 9398 Riverhead, NY 11901 • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southol dtownny. gov Re: Proposed Lot Line Change for Josephson, Zapf & Dow Located on the east side of Birds Eye Road, approximately 500 feet north of New York State Route 25, Orient. SCTM#1000-17-2-1.9 & 6.1 Zoning District R-40 Dear Mr. Dubin: The Planning Board reviewed the above -referenced application at their Work Session on September 22, 2014 and has found the application complete. The Planning Board has agreed to set the public hearing for the October 6, 2014 public meeting due to the limited scope of the project. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner Sabatino, Alyxandra K. From: Dolores Quick <dquick@suffolklaw.com> Sent: Wednesday, September 17, 2014 3:39 PM To: Sabatino, Alyxandra K. Cc: Hoeg Karen Subject: Re: Josephson Lot Line Change Attachments: 1977 CO for house & accessory bldg.pdf Ally, The attached Certificate of Occupancy (dated June 2, 1977) was inadvertently omitted from the pending Lot Line Modification application filed with your office on August 28, 2014. Please include the attached Certificate with the application in preparation for the upcoming Planning Board Work Session, scheduled for Monday, September 22, 2014. If you have any questions, please feel free to call our office. Thank you, Dolores ************************************************ Dolores Quick Paralegal Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP 631-727-2180 x 294 Fax: 631-727-1767 d pool: asullulklim Com_ The information contained in this e-mail message is intended only for the personal and confidential use of the designated recipient named above. This message may be an attorney- client communication and as such privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this message and any attached documents in error, that any review, dissemination, distribution, or copying of the message and documents is strictly prohibited. Ifyou have received this message in error, please notify us by telephone immediately and delete it and any accompanying documents. On Sep 17, 2014, at 3:19 PM, Sabatino, Alyxandra K. <alvxatidra.sabatino(ai town.southold.nv.us> wrote: Dolores, If you could email the CO that would be great. Thanks, Aly Alyxandra Sabatino Planner, Town of Southold Phone: 631-765-1938 Email: Alyxund_ra:.Sabatino..C>town.sguthold.ny.us FORM NO. TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. 27693...... Date .... I ...... June ... ......... 19.7.7. :r•2 ) THIS CERTIFIES that the building located at PYt.oA�'..�.1"cls .4Yp..n� Street Map No. x� ......... Block No. .XX ....... Lot N0a ....Q#ent , , F -X! ........... reauireinents for one family dwelling & 11ousin^ cote conforms substantially to the built before r CP,x to off occynancy ated ....... Ap..x . ?3........, 19. 57. pursuant to which �jcP o.Z703• . - dated .June.. 2. 19. 77., was issued, and conforms to all of the require - meats of the applicable provisions of the law. The occupancy for which this certificate is issued is frigate one, fa_r�t ��r d;Je�,� �g 1 3, 1}.. aGCeS. QxY..bldg.4:.dwe.11inir- unit The certificate is issued to ............................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval I?�'�'. existing . . .................. . UNDERWRITERS CERTIFICATE No. ............................ HOUSE NUMBER ... ?00 ....... Street Building Inspector APR -11993 sour�1aL: PLAWING • DRAFT DEED FOR LOT LINE CHANGE — PARCEL 1 THIS IS A LEGALLY BINDING INSTRUMENT. IF NOT FULLY UNDERSTOOD, WE RECOMMEND ALL PARTIES TO THE INSTRUMENT CONSULT AN ATTORNEY BEFORE SIGNING. THIS INDENTURE, made the day of , 2014, BETWEEN Dorothy D. Anderson, residing at 109 Haywood Drive, Glastonbury, Connecticut 06033, Peter Bedell, residing at 519 Auburn Avenue, Wyndsor, Pennsylvania 19038 and Nicholas Jacangelo, having an office at 150 Broadway, New York, N.Y. 10038, as Trustees under a Trust Agreement dated January 12, 1998 between Barbara B. Dow, as Grantor, and Dorothy P. Anderson, Peter Bedell and Nicholas Jacangelo, as Trustees, party of the first part, and Dorothy D. Anderson, residing at 109 Haywood Drive, Glastonbury, Connecticut 06033, Peter Bedell, residing at 519 Auburn Avenue, Wyndsor, Pennsylvania 19038 and Nicholas Jacangelo, having an office at 150 Broadway, New York, N.Y. 10038, as Trustees under a Trust Agreement dated January 12, 1998 between Barbara B. Dow, as Grantor, and Dorothy P. Anderson, Peter Bedell and Nicholas Jacangelo, as Trustees, party of the second part: WITNESSETH, that the party of the first part, in consideration of one dollar and other good and valuable 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, his heirs and assigns forever, 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 more particularly described on Schedule "A" annexed hereto and made a part hereof. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated June 10, 1998 and recorded on October 2, 1998 in Liber 11920 at Page 566. The Southold Town Planning Board approved this lot line modification by resolution on 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 pf the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs and assigns forever. AND the party of the first part covenants that he has not done or suffered anything whereby the said premises have been encumbered in any way whatever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. In presence of: Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK, COUNTY OF , ss: On the day of in the year before me, the undersigned, personally appeared personally known to me or 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. (signature and office of individual taking acknowledgment) Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK, COUNTY OF , ss: On the day of in the year before me, the undersigned, personally appeared personally known to me or 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. (signature and office of individual taking acknowledgment) Premises: District 1000 Section 017.00 Block 02.00 Lot 006.002 BARGAIN AND SALE DEED With Covenant Against Grantor's Acts Dorothy D. Anderson, Peter Bedell, and Nicholas Jacangelo, as Trustees under a Trust Agreement dated January 12, 1998 between Barbara B. Dow, as Grantor, and Dorothy P. Anderson, Peter Bedell and Nicholas Jacangelo, as Trustees, WE Dorothy D. Anderson, Peter Bedell, and Nicholas Jacangelo, as Trustees under a Trust Agreement dated January 12, 1998 between Barbara B. Dow, as Grantor, and Dorothy P. Anderson, Peter Bedell and Nicholas Jacangelo, as Trustees, Return by Mail to: David M. Dubin, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901 Legal Description of Dow Property — Parcel 1 ALL that certain plot, piece or parcel of land situate, lying and being at Orient, Town of Southold, County of Suffolk, and The State of New York, known and designated as part of Lot 1 as shown on a certain map entitled " Map of Barbara B. Dow", filed in the Office of the Clerk of Suffolk County on September 19, 1997 as File No. 10059, more particularly bounded an described as follows: BEGINNING at a point marked by a concrete monument along the northerly line of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as File No. 9420, at the southeasterly corner of land to be herein described, said point being also the following seven (7) courses and distances from the corner formed by the intersection of the northerly side of Main Road (N.Y.S Route 25) with the easterly side of a certain 33' wide Right of Way known as Birds Eye Road: (1) Northerly along the easterly side of above said Right of Way, 500± feet to a point; (2) South 83 degrees 59 minutes 40 seconds East along the southerly end of a certain 30' wide Right of Way known as Birds Eye Road, 30.02 feet to a point; (3) North 04 degrees 12 minutes 00 seconds East along the easterly side of above said Right of Way, 323.65 feet to a point at the southwest corner of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as file No. 9420; (4) South 85 degrees 48 minutes 00 seconds East along the southerly line of Lot 1 as shown on above said map, 295.46 feet to a point; (5) North 04 degrees 45 minutes 50 seconds East along the easterly line of Lot 1 as shown on above said map, 34.07 feet to a point; (6) North 89 degrees 37 minutes 00 seconds West along the southerly line of Lot 1 as shown on above said map, 49.77 feet actual (50.00 feet filed map); (7) North 04 degrees 45 minutes 50 seconds East along the easterly line of Lot 1 as shown on above said map, 129.10 feet actual (128.00 feet filed map) to the true point or place of BEGINNING. RUNNING thence South 81 degrees 10 minutes 00 seconds West along the northerly line of Lot 1 as shown on above said "Map of Set -Off for Jack and Margaret Stern", 22.99 feet to a point; RUNNING thence North 52 degrees 45 minutes 23 seconds West through Lot 1 as shown on above said "Map of Barbara B. Dow", 26.00 feet to a point along the easterly line of Lot 1 as shown on above said "Map of Set -Off for Jack and Margaret Stern"; RUNNING thence two (2) courses and distances along the easterly lines of Lot 1 as shown on above said "Map of Set -Off for Jack and Margaret Stern", land now or formerly of Joseph D. LaVecchia and Leslie L. LaVecchia, Birds Eye Road (Private Road), and land now or formerly of Antonio Perez, Jr. And Anne Branch Williams Perez: (1) North 19 degrees 54 minutes 30 seconds East, 99.17 feet to a concrete monument; (2) North 07 degrees 46 minutes 30 seconds West, 565.57 feet through a concrete monument to the apparent high water mark of Long Island Sound on July 7, 2014; RUNNING thence three (3) courses and distances along the apparent high water mark of Long Island Sound on July 7, 2014: (1) South 66 degrees 33 minutes 26 seconds East, 103.18 feet to a point; (2) South 51 degrees 26 minutes 22 seconds East, 131.75 feet to a point; (3) South 35 degrees 46 minutes 33 seconds East, 261.01 feet to a point along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow"; RUNNING thence the following three (3) courses and distances along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow": (1) South 34 degrees 15 minutes 50 seconds West, 130.38 feet to a point; (2) South 47 degrees 41 minutes 30 seconds West, 115.00 feet to a point; (3) South 35 degrees 57 minutes 00 seconds West, 180.00 feet to the point or place of BEGINNING. DRAFT DEED FOR LOT LINE CHANGE — PARCEL 2 THIS IS A LEGALLYBINDING INSTRUMENT. IF NOT FULLY UNDERSTOOD, WE RECOMMEND ALL PARTIES TO THE INSTRUMENT CONSULT AN ATTORNEY BEFORE SIGNING. THIS INDENTURE, made the day of , 2014, BETWEEN Dorothy D. Anderson, residing at 109 Haywood Drive, Glastonbury, Connecticut 06033, Peter Bedell, residing at 519 Auburn Avenue, Wyndsor, Pennsylvania 19038 and Nicholas Jacangelo, having an office at 150 Broadway, New York, N.Y. 10038, as Trustees under a Trust Agreement dated January 12, 1998 between Barbara B. Dow, as Grantor, and Dorothy P. Anderson, Peter Bedell and Nicholas Jacangelo, as Trustees, party of the first part, and John H. Josephson and Carolina F. Zapf, husband and wife, both residing at 211 Central Park West, Apt. 9K, New York, NY 10024 party of the second part: WITNESSETH, that the party of the first part, in consideration of one dollar and other good and valuable 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, his heirs and assigns forever, 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 more particularly described on Schedule "A" annexed hereto and made a part hereof. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated September 13, 2004 and recorded on October 8, 2004 in Liber 12348 at Page 278. The Southold Town Planning Board approved this lot line modification by resolution on 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 pf the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs and assigns forever. AND the party of the first part covenants that he has not done or suffered anything whereby the said premises have been encumbered in any way whatever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. In presence of: 46 • • Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK, COUNTY OF , ss: On the day of in the year before me, the undersigned, personally appeared personally known to me or 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. (signature and office of individual taking acknowledgment) Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK, COUNTY OF , ss: On the day of in the year before me, the undersigned, personally appeared personally known to me or 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. (signature and office of individual taking acknowledgment) Premises: District 1000 Section 017.00 Block 02.00 Lot 001.009 BARGAIN AND SALE DEED With Covenant Against Grantor's Acts Dorothy D. Anderson, Peter Bedell, and Nicholas Jacangelo, as Trustees under a Trust Agreement dated January 12, 1998 between Barbara B. Dow, as Grantor, and Dorothy P. Anderson, Peter Bedell and Nicholas Jacangelo, as Trustees, HK John H. Josephson and Carolina F. Zapf, husband and wife Return by Mail to: David M. Dubin, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901 Legal Description of Josephson Property — Parcel 2 ALL that certain plot, piece or parcel of land situate, lying and being at Orient, Town of Southold, County of Suffolk and The State of New York, know and designated as Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as File No. 9420 and part of Lot 1 as shown on a certain map entitled "Map of Barbara B. Dow:, filed in the Office of the Clerk of Suffolk County on September 19, 1997 as File No. 10059, more particularly bounded and described as follows: BEGINNING a t a point at the southwest corner of Lot 1 as shown on above said "Map of Set - Off for Jack and Margaret Stern", at the southwesterly corner of land to be herein described, said point being also the following three (3) courses and distances from the corner formed by the intersection of the northerly side of Main Road (N.Y.S. Rte. 25) with the easterly side of a certain 33' wide Right of Way known as Birds Eye Road: (1) Northerly along the easterly side of above said Right of Way, 500± feet to a point; (2) South 83 degrees 59 minutes 40 seconds East along the southerly end of a certain 30' wide Right of Way known as Birds Eye Road, 30.02 feet to a point; (3) North 04 degrees 12 minutes 00 seconds East along the easterly side of above said Right of Way, 323.65 feet to the true point or place of BEGINNING. RUNNING thence the following two (2) courses and distances along the easterly side of above said Right of Way: (1) North 04 degrees 12 minutes 00 seconds East, 177.40 feet to a point; (2) North 58 degrees 00 minutes 00 seconds East, 213.60 feet to a point at the southwest corner of land now or formerly of Joseph D. LaVecchia and Leslie L LaVecchia; RUNNING thence South 86 degrees 00 minutes 00 seconds East along the southerly line of above said land, 150.00 feet to a concrete monument along the westerly line of Lot 1 as shown on above said "Map of Barbara B. Dow"; RUNNING thence along the westerly line of above said "Map of Barbara B. Dow" the following two (2) courses and distances: (1) South 07 degrees 46 minutes 30 seconds East, 33.89 feet (35.00 feet filed map) to a concrete monument; (2) South 19 degrees 54 minutes 30 seconds West, 99.17 feet to a point; E • RUNNING thence South 52 degrees 45 minutes 23 seconds East through Lot 1 as shown on above said "Map of Barbara B. Dow', 26.00 feet to a point along the southerly line of Lot 1 as shown on above said "Map of Barbara B. Dow; RUNNING thence North 81 degrees 10 minutes 00 seconds East along the southerly line of above said "Map of Barbara B. Dow, 22.99 feet to a concrete monument along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow"; RUNNING thence South 04 degrees 45 minutes 50 seconds along the westerly line of Lot 2 as shown on above said "Map of Barbara B. Dow", 129.10 feet (128.00 feet filed map) to a point along a stone wall marking the northerly line of "Old Burying Ground'; RUNNING thence the following two (2) courses and distances along a stone wall marking the northerly and westerly lines of above said "Old Burying Ground": (1) North 89 degrees 37 minutes 00 seconds West, 49.77 feet to a point; (2) South 04 degrees 45 minutes 50 seconds West, 34.07 feet to a point at the northwest corner of Lot 2 as shown on above said "Map of Set -Off for Jack and Margaret Stern"; RUNNING thence North 85 degrees 48 minutes 00 seconds West along the northerly line of Lot 2 as shown on above said "Map of Set -Off for Jack and Margaret Stern", 295.46 feet to the point or place of BEGINNING. Legal Description of Area for Purchase ALL that certain plot, piece or parcel of land situate, lying and being at Orient, Town of Southold, County of Suffolk, and The State of New York, known and designated as part of Lot 1 as shown on a certain map entitled " Map of Barbara B. Dow", filed in the Office of the Clerk of Suffolk County on September 19, 1997 as File No. 10059, more particularly bounded an described as follows: BEGINNING at a point along the northerly line of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as File No. 9420, at the southeasterly corner of land to be herein described, said point being also the following eight (8) courses and distances from the corner formed by the intersection of the northerly side of Main Road (N.Y.S Route 25) with the easterly side of a certain 33' wide Right of Way known as Birds Eye Road: (1) Northerly along the easterly side of above said Right of Way, 500± feet to a point; (2) South 83 degrees 59 minutes 40 seconds East along the southerly end of a certain 30' wide Right of Way known as Birds Eye Road, 30.02 feet to a point; (3) North 04 degrees 12 minutes 00 seconds East along the easterly side of above said Right of Way, 323.65 feet to a point at the southwest corner of Lot 1 as shown on a certain map entitled "Map of Set -Off for Jack and Margaret Stern", filed in the Office of the Clerk of Suffolk County on October 22, 1993 as file No. 9420; (4) South 85 degrees 48 minutes 00 seconds East along the southerly line of Lot 1 as shown on above said map, 295.46 feet to a point; (5) North 04 degrees 45 minutes 50 seconds East along the easterly line of Lot 1 as shown on above said map, 34.07 feet to a point; (6) North 89 degrees 37 minutes 00 seconds West along the southerly line of Lot 1 as shown on above said map, 49.77 feet actual (50.00 feet filed map); (7) North 04 degrees 45 minutes 50 seconds East along the easterly line of Lot 1 as shown on above said map, 129.10 feet actual (128.00 feet filed map); (8) South 81 degrees 10 minutes 00 seconds West along the northerly line of Lot 1 as shown on above said map, 22.99 feet to the true point or place of BEGINNING; RUNNING thence South 81 degrees 10 minutes 00 seconds West along the northerly line of Lot 1 as shown on above said map, 28.30 feet to a concrete monument; RUNNING thence North 19 degrees 54 minutes 30 seconds East along the easterly line of Lot 1 as shown on above said map, 21.35 feet to a point; RUNNING thence South 52 degrees 45 minutes 23 seconds East through Lot 1 as shown on a certain map entitled "Map of Baro0059ar26?00 feet to the point or place of BEGow", filed in the Oce of the Clerk of Suffolk INNING County on September 19, 1997 as File N uN0 ' LOT LINE MODIFICATION MAP OF PROPERTY SITUATE �,. ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK i S.C. TAX No. 1000-17-02-1.9 S.C. TAX No. 1000-17-02-6.1 SCALE 1"=60' JULY 7. 2014 M1a. AREA DATA KEY MAP n� SCALE 1"=600' NOTI LOT NUMBERS SHOWN THUS: 07 REFER TO MAP OF SET-OFF FOR JACK k MLARGAMET STERN FILE IN THE OFFICE OF THE CIE RK OF SUFFOLK COUNTY ON OCTOBER 22, 1991 AS F11L Na. 9120 ✓ �• 2. M NUMBERS SHOWN THUS: cof �REFER i0 .�j MAP OF BARBA RA B. DON FIE THE CE OF THE CLERK OF SUFFOLK COUNTY ON SEPTEMBER IB, 199, e5 FILE N' I- ♦. 4 i� I �,• �•� OWNER: C �•. S.C. TAX No. 1000-17-02-1.9 ♦"• JOHN H. AND CAROLINE JOSEPHSON �•• 211 CENTRAL PARK WEST, APT. 9K �•. NEW YORK NY 10024 s� OWNER: S.C. TAX No. 1000-17-02-6.1 BARBARA DOW ♦'� 87 MARJORIF COURT MANHASSET, NY 11030 rm 1 IP j � 3 1R C o \ w S. \ \ u,rm oiy \ ♦\ \� .,09 I � ® Wa .R.RxR RKRRxR I ! � IxRe~r/ux rnol i� eurn.V I � I I I _ I I - I I I I � � t; la s � 8 s S S n Nathan Taft Corwin III Land Surveyor MAIN ROAD rHOKc nv nn -taw m 1dn,l,-on Thorns- A. Twomey, lc Sicphcn R. Latham john F. Shea, ILL Chri,ropher P. Ketto 1)", id M. Puhin lac 1'. Quartararo Pcwl \,l. Mon laniee L Snead Anne Marie Ooodalc BI van C. Van Cott K:rthryu Palo Lauri 1. Putrarhmi Lisa Clarc Komhritrk Petrick B. Fite Fred W. Thiele, Jr. Xlch,sa H. Sidor Kc11y E. Kinirons Lauren E. Stiles Patricia J. Russell Rc_a Ehmhimi Br} -an 1. Dingo luhn A. Otto . Benradcrte E. Tuthill Craig H. Handler 01 c VN�iti_ Kenneth P. Lavalle Kevin M. Fos Karen A. Hoeg () FI Wk OFFICE LOCATIONS: 20 Main Street Eau I kampton, NY 11937 631.324.1200 51 Hitt Srrect Southampton, NY 11968 631.2117.0090 490 Wheeler Road Suirc 1656 1 hauppauge, NY 11788 631165.1414 51);40 Main Road P.O. Bos 325 Southold, NY 1197 L 6 1 1.765. 1 300 Twomey, Lat1'tam, Shea, Kelley, Dubin & Quartararo LLP A T T O R N E Y S A T L A W VIA HAND DELIVERY Town of Southold Planning Department 50395 Route 25 Southold, New York 11971 Attn.: Ally Sabatino "v /r �' �3, �f L, J"7 Vii, H5 cc(cOrati11g (211x- 40r�, b��rlr August 28, 2014 Re: Lot Line Modification Application Owner: John Josephson and Carolina Zapf Premises: 900 Birds Eye Road, Orient, NY SCTM#: 1000-17-2-1.9 Owner: Estate of Barbara B. Dow Premises: 725 Munn Lane, Orient, NY SCTM#: 1000-17-2-6.1 Dear Ally: MAILING ADDRESS: Post Office Box 9398 Riverhead, New York 11901-9398 MAIN OFFICE: 33 West Second Street Riverhead, New York 11901-9398 Telephone: 631.727.2180 Facsimile: 631.727.1767 www.suffolklaw.cum Our office represents to the owners of the above referenced properties with regard to the proposed 264 square foot lot line modification between their properties. The pre -submission conference was held on August 19, 2014. In this regard, we are enclosing the following lot line modification application documents to be filed with the Town of Southold Planning Department: 1. Original signed Re -Subdivision application including Transactional Disclosure forms and LWRP Coastal Consistency Assessment form; 2. Original signed Short Environmental Assessment form; 3. Original signed Department of Health Waiver form regarding each lot; 4. Original signed Authorization letter executed by Dorothy Anderson as Executor of the Estate of Barbara B. Dow appointing David M. Dubin, Esq., Twomey Latham Shea Kelley Dubin & Quartararo, LLP to act as her agent; 0 August 28, 2014 Page 2 E 5. Original signed Authorization letter executed by John Josephson and Carolina Zapf appointing David M. Dubin, Esq., Twomey Latham Shea Kelley Dubin & Quartararo, LLP to act as their agent; 6 Last deed of record for Lots 1.9 and 6.1; 7. Certificate of Occupancy for all existing buildings on each property, including an open building permit issued to Lot 1.9 (dated November 25, 2013); 8. Easements, Covenants & Restrictions, and Right -of -Ways regarding each lot; 9. Copy of the Map of Set-off for Jack and Margaret Stern Subdivision map, filed October 22, 1993, as proof of lot recognition of Lot 1.9; 10. Copy of the Map of Barbara B. Dow, filed September 19, 1997, as proof of lot recognition of Lot 6.1; 11. Six (6) copies of the proposed Lot Line Modification map, dated July 7, 2014; 12. Six (6) copies of the Dow Estate property survey (Lot 6. 1), dated July 7, 2014; 13. Six (6) copies of the Josephson/Zapf property survey (Lot 1.9), dated September 9, 2013 and last revised on April 3, 2014; 14. Filing fee check in the amount of $500 made payable to the Town of Southold.; and 15. Draft deeds including a reference stating "The Southold Town Planning Board approved this lot line modification by resolution on (insert approval date)", the Schedule with legal description of the lot line modification and a Schedule with the map illustrating the medication on legal paper. 0 August 28, 2014 Page 3 We understand that by filing the application documents prior to September 1, 2014, this matter will appear on the September 8, 2014 Planning Board work session agenda. If you have any questions, please feel free to call me. Thank you. Very truly yours, David M. Dubin DMD/ms Enc. cc: Mr. John Josephson Ms. Carolina Zapf fo es -VIAlUanon uates Pre Submission Conference A lication Received�� y pp .t Application Fees Paid �-' Vii �� j ,� Q'�-� Application Reviewed at Work 4accipR�' �,� � <� (i Fire Department Comments fj Engineer Conference N R SEQRA Coordination � UC�rC�i��� Public Hearing Waived N � Public Hearing Date �:; '�� 14 Final Map Routing• Tax Assessors Building Department Land Preservation Highway Department Additional Notes: SEQRA Determination SC Planninq Commission Referral SC Planning Commission Comments NPC Conditional Final Approval Final Approval Soupld Planning Department StaP Report Subdivision Application Work Session Review Date: October 20, 2014 Prepared By: Aly Sabatino I. Application Information Project Title: Zapf & Dow & Josephson Applicant: Dorothy Anderson, John Josephson, Carolina Zapf Date of Submission: August 29, 2014 Tax Map Number: 1000-17-2-6.1 & 1.9 Project Location: 900 Birds Eye Road and 725 Munn Lane Hamlet: Orient Zoning District: R-40 II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 5 acres # of Lots Proposed: N/A III: Action to review Issue a determination IV: Analysis This lot line modification will create no new residential development potential and is also eligible for a decision from the Southold Planning Board prior to receiving approval by the Suffolk County Department of Health Services. This lot line modification is proposing transfer 264 sq. ft. from lot 6.1 to lot 1.9. Existing area - 1000 -17-2-6.1= 2.68 acres 1000-17-2-1.9= 2.02 acres Proposed area. - 1000 -17-2-6.1 = rea:1000-17-2-6.1= 2.67 acres 1000-17-2-1.9= 2.03 acres A public hearing was held on October 6t" and there were no comments made. Soulold Planning Department Staff Report V: Staff Recommendations All requirements for a lot line modification have been met pursuant to §240-57 of the Southold Town Code. Recommend that the application be placed on the November 3, 2014 Public Meeting agenda for both a final and SEQRA determination. FFotK G �: C4 SOUTHOLD PLANNING DEPARTMENT Re -subdivision (Lot Line Modification) Application Form viaf 110 F>r L, 17T f�2 APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE -SUBDIVISION described herein: A. Map of Set-off for Jack & Margaret Stern (filed 10/22/93) 1. Original Subdivision Name B. Map of Barbara B. Dow at Orient (filed 9/19/97) 2. Suffolk County Tax Map # (include all tax map parcels involved) A. B. SCTM# 1000 - 17 SCTM# 1000 - 17 - 2 - 1.9 - 2 - 6.1 3. Hamlet Orient_ A. 900 Birds Eye Road, Orient (SCTM# 1000-17-2-1.9) 4. Street Location B. 725 Munn Lane, Orient (SCTM# 1000-17-1-6.1) A. 2 acres (SCTM# 1000-17-2-1.9) 5. Acreage of Site B. 3 acres (SCTM# 1000-17-2-6.1) 6. Zoning District R-40 7. Date of Submission August 29, 2014 8. Please provide the names, addresses and phone numbers for the following people: A. John Josephson & Carolina Zapf (SCTM# 1000-17-2-1.9) Applicant: 211 Central Park W. Apt. 9K, NY, NY 10024 B. Dorothy Anderson, Executrix of the Estate of Barbara B. Dow 109 Heywood Drive, Glastonbury, CT 06033 (SCTM# 1000-17-2-6.1) Re -Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: David M. Dubin, Esq. Twomey Latham Shea Kelley Agent: Dubin & quartararo, LLP 33 West 2nd Street P.O. Box 9398 Riverhead, NY 11901 (631) 727-2180 x230 ProperlyOwner(s): A. John Josephson & Carolina Zapf (SCTM# 1000-17-2-1.9) 211 Central Park W. Apt. 9K, NY, NY 10024 B. Dorothy Anderson, Executrix of the Estate of Barbara B. Dow 109 Heywood Drive, Glastonbury, CT 06033 (SCTM# 1000-17-2-6.1) .Surveyor: Nathan Taft Corwin, III, Land Surveyor P.O. Box 16, Jamesport, NY 11947 (631) 727-2090 Engineer: n / a Attorney: Same as agent 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. The subject property owners wish to transfer 264 s.f. of land from 725 Munn Lane (SCTM# 1000-17-2-6.1) to 900 Birds Eye Road (SCTM# 1000-17-2-1.9) resulting in a minor lot line modification as shown on the attached proposed Lot Line Modification Map, dated July 7, 2014. 2 Re-Saihdivision Application Form 10. DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? No (b) Affect any area reserved for public use? No (c) Diminish the size of any lot? Yes (d) Create an additional building lot? No (e) Create a nonconforming lot? No (f) Require a variance from the Zoning Board of Appeals? No (g) Impact the future planning of the subject properties? No 11. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Yes x . No . If "yes", explain how: Both subject parcels were approved by the Southold Town Planning Board as part of their respective subdivision map approval. As such, each lot is conslaerea a Recognlzea Lot per 'Ilown cone Section 28U -9(A)(2). 12. Does this application meet the standard in § 240-57. Waiver, adjustment of property lines to waive the subdivision process? If so, please provide the name and date of the original subdivision. n/a 13. Application completed by [ ] owner [x] agent [ ] other Upon submitting a completed application, the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code § 240-57. Waiver, adjustment of property lines. If the application meets the criteria for a waiver, the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes, lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. �0,�1V_ , Zp . Signature of Preparer Date David M. Dubin, Esq. (a ent IZe-Sirhdrrision Ftpplicatinn Form • • JOHN JOSEPHSON CAROLINA ZAPF 211 CENTRAL PARK WEST, APT. 9K NEW YORK, NEW YORK 10024 June /Z 2014 Re: Southold Planning Department Re -subdivision (Lot Line Modification) Application Premises: 900 Birds Eye Road, Orient, NY SCTM#: 1000-17-2-1.9 To Southold Town Planning Board: We, John Josephson and Carolina Zapf, owners of the property identified as Suffolk County Tax Map Number 1000-17-2-1.9 in the Hamlet of Orient, Town of Southold, hereby authorize Twomey Latham Shea Kelley Dubin & Quartararo, LLP to act as our agent, file an application for a re -subdivision (lot line modification) on our behalf, and handle all necessary work involved in the re -subdivision (lot line modification) process with the Southold Town Planning Department. Sworn to before me this 12- day of T u "-� , 2014 Notary Public TERE CE McCARTHY NOTARYU 01MC4767198 New York NO. Qualified in New York County Sworn to bemi�t xpires Sept. 30, 2014 �- day of u -C , 2014 Notary Public TER E C. McCARTHY NOTARY P BLIC, State of New York No. 01 MC4767198 Qualified in New York Count Commission Exp 2¢ i Jo osephson Carolina Zapf • ESTATE OF BARBARA B. DOW i'1 nL� V I1[157 �s h/)17 b� ✓�� C % �i ry 0 June b , 2014 Re: Southold PIanning Department Re -subdivision (Lot Line Modification) Application Premises: 725 Munn Lane, Orient, NY SCTM#: 1000-17-2-6.1 To Southold Town Planning Board: I, Dorothy Anderson, Executrix of the Estate of Barbara B. Dow, owner of the property identified as Suffolk County Tax Map Number 1000-17-2-6.1 in the Hamlet of Orient, Town of Southold, hereby authorize Twomey Latham Shea. Kelley Dubin & Quartararo, LLP to act as its agent, file an application for a re --subdivision (lot line modification) on its behalf, and handle all necessary work involved in the re -subdivision (lot line modification) process with the Southold Town Planning Department. S rn to before me this day of 2014 irn czc 7 btary Publ V Dorothy Anderson, Executrix JENNIFER M. STARK NOTARY PUBLIC State of Connecticut My Commission Expires December 31, 2018 FIDUCIARY'S PROBATE • STATE OF CONNECTICUT • CERTIFICATE PC -450 REV. 7/13 COURT OF PROBATE COURT OF PROBATE, DISTRICT OF Branford - North Branford Probate District DISTRICT NO. PD35 ESTATE OF/IN THE MATTER OF DATE OF CERTIFICATE October 18, 2013 Barbara B Dow, , AKA Barbara Bedell Dow (13-00353) Validfor: I year from this date FIDUCIARY'S NAME AND ADDRESS FIDUCIARY'S POSITION OF TRUST DATE OF APPOINTMENT Dorothy Dow Anderson, 109 Heywood Dr., Glastonbury, CT 06033 Executrix October 18, 2013 The undersigned hereby certifies that the fiduciary of the above-named estate has accepted appointment, has executed bond according to law or has been excused from executing bond by will or by statute, and is legally authorized and qualified to act as such fiduciary on said estate because said appointment is unrevoked and in full force as of the above date of certificate. Limitation, if any, on the above certificate: IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of this Court on the above date of certificate. ................................................................................................ Diane B. Whalen, Chief Clerk r ILJUk_ 1AK Y FKUbA 1 E CEKTIFICATE PC -450 NOT VALID WITHOUT COURT OF PROBATE SEAL IMPRESSED • Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: John Josephson and Carolina Zapf Last, First, middle initial unless you are appb ing In the name ofsomeone else or other endly, such as a comparo, Ifso, Indicate the other person's or compmry's name. Nature of Application: (Check all that apply) Subdivision or Re -subdivision X Site Plan Other (Please name other activity) Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% o f the shares. Yes No X If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this day of 20�` Signature Print Name Carolina Zapf Disclosure rorm Submitted this l_ day of'l 2(01` { Signature Print Name John Josephson • • Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits coni7icts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Dorothy Anderson, Executrix Your Name: of the Estate of Barbara B. Dow Last, First, middle initial unless you are applying in the name of sonteone else or other entity, such as a compant'. If so, indicate tire other person's or conipatry's natne. Nature of Application: (Check all that apply) Subdivision or Re -subdivision X Site plan Other (Please name other activity) Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. `Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes No X If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this day or-� ~ 20 �{ Signature �j 4-4 A) Print Name Dorothy Anderson Disclosure Fortn 0 C� Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: David M. Dubin, Esq. (agent) Last, First, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision or Re -subdivision X Site Plan Other (Please name other activity) Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the 'town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes No X If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation).- B. orporation);B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this Aay of* 20 Iq Signature Print Name David M. Dubin, Esq. (agent) Disclosure Form THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD PLANNING BOARD ON FEBRUARY 14,2011: WHEREAS, the Southold Planning Board has found that applications for lot line modifications (re -subdivisions) often involve very minor adjustments of lot lines, or adjustments that result in no new development potential; and WHEREAS, the Southold Planning Board, pursuant to §240-56 of the Town Code, has the authority to waive certain requirements in the subdivision review process; and WHEREAS, the Southold Planning Board, by way of this policy, intends to simplify and shorten the application process for certain lot line modification (aka re -subdivision) requests by reducing the number of agency approvals necessary prior to Planning Board approval; NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the Town of Southold hereby adopts the "Lot Line Modification/Re-subdivision Application Process Policy" as follows: Lot Line Modification/Re-subdivision Application Process Policy The following applications for lot line modifications (re -subdivisions) are eligible for a decision from the Southold Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS): I . The transfer of land from an oversized parcel (larger than the minimum zoning requires) where the oversized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred. 2. The transfer of land between two or more parcels, all of which are currently developed and can produce legal certificates of occupancy, which results in no new development potential. 3. The transfer of land between two or more parcels, vacant or developed, where the SCDHS has previously approved the subdivision map, and where the two lots will remain at or above the minimum lot size required by zoning. 4. Other situations where the Planning Board finds the amount of land being transferred is negligible will result in no additional residential units being developed, and that there will be no impact to wetlands or other sensitive environmental features. The Planning Board shall formally waive the requirement for SCDHS approval by resolution prior to their decision resolution. The following language shall also be included in every • • Planning Board decision resolution containing the waiver of the requirement for SCDHS approval: `The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of final plat approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this lot line change may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations.' The following clause will also be inserted at the end of the resolution and the applicant required to sign a copy for our files: `I understand that Southold Town Planning Board approval of this lot line modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services. I understand that I will need to apply separately to the SCDHS r any applicabl approvals.' L-Ohn Josephson Carolina Zapf Signature of icant 2 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD PLANNING BOARD ON FEBRUARY 14,2011: WHEREAS, the Southold Planning Board has found that applications for lot line modifications (re -subdivisions) often involve very minor adjustments of lot lines, or adjustments that result in no new development potential; and WHEREAS, the Southold Planning Board, pursuant to §240-56 of the Town Code, has the authority to waive certain requirements in the subdivision review process; and WHEREAS, the Southold Planning Board, by way of this policy, intends to simplify and shorten the application process for certain lot line modification (aka re -subdivision) requests by reducing the number of agency approvals necessary prior to Planning Board approval; NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the Town of Southold hereby adopts the "Lot Line Mod ification/Re-subdivision Application Process Policy" as follows: Lot Line Mod ification/Re-subdivision Application Process Policy The following applications for lot line modifications (re -subdivisions) are eligible for a decision from the Southold Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS): 1. The transfer of land from an oversized parcel (larger than the minimum zoning requires) where the oversized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred. 2. The transfer of land between two or more parcels, all of which are currently developed and can produce legal certificates of occupancy, which results in no new development potential. 3. The transfer of land between two or more parcels, vacant or developed, where the SCDHS has previously approved the subdivision map, and where the two lots will remain at or above the minimum lot size required by zoning. 4. Other situations where the Planning Board finds the amount of land being transferred is negligible will result in no additional residential units being developed, and that there will be no impact to wetlands or other sensitive environmental features. The Planning Board shall formally waive the requirement for SCDHS approval by resolution prior to their decision resolution. The following language shall also be included in every Planning Board decision resolution containing the waiver of the requirement for SCDHS approval: `The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of final plat approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this lot line change may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations.' The following clause will also be inserted at the end of the resolution and the applicant required to sign a copy for our files: `I understand that Southold Town Planning Board approval of this lot line modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services. I understand that I will need to apply separately to the SCDHS for any applicable approvals.' Dorothy Anderson, Executrix of the Estate of Barbara B. Dow Signature of Applicant 2 • FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. 24939 ...... Date ............ Dee .... ........ 19.72 THIS CERTIFIES that the building located at Pott • Road • # 4 • ( Munn • La.) . Street Map No.. xx.x ....... Block No. ..XX...... Lot No.. N=.. OrientI • AJ..Y............ conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... Feb ..... 1... , 19.72. pursuant to which Building Permit No. 570% dated ........... Feb .... 1.... , 19.72 , 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 . Private. one. family. .dvealing................... ................. . The certificate is issued to ..George. D.ow. & Wife....... Dwners.................... ( owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ... Rav t . 211* .1972 .. by. .R, . V111a. . UNDERWRITERS CERTIFICATE No.... N .56304... Nov. 20f .1972 ................... HOUSE NUMBER .... 725 ...... Street ... Pvt -Road- -#-I+. — -Munn .1.a .................... ................................................................................. Building Inspector 0 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.. Z 15593.......... Date ..April 6, 1987 THIS CERTIFIES that the building .Pool ........................................... Location of Property 900 Pvt; Rd: �l2 Birds Eye Road Orient House No. Susi Hunlar County Tax Map No. 1000 Section ?.........Block ...............Lot ..1....1.......... . Subdivision ...............................Filed Map No. ........Lot No. ............. conforms substantially to the Application for Building Permit heretofore filed in this office dated April 41 1979....... . pursuant to which Building Permit No. 101642 ............... dated .April 12r 1979 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Swimming. pool andfence:....... ..... ...................................................... The certificate is issued to ... JONATHAN D. STERN (owner,.}}[ifX .................... of the aforesaid building. Suffolk County Department of Health Approval ..... N/A UNDERWRITERS CERTIFICATE NO............ N432225 ............................... PLUMBERS CERTIFICATION DATED: N/A -:Ae - . . . . . . . . . . . . . . . . . . . . Building Inspector R«. 1/81 • FORM N0. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z 30219 Date_ 06/02/04 THIS CERTIFIES that the building ADDITION Location of Property: 900 BIRDS EYE; RD ORIENT (HOUSE NO.) (STREET) (ILF_MLET) County Tax Map No. 473889 Section 17 Block 2 Lot 1.9 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit hc.retofrore filed in this office dated JANUARY 2, 2004 pursuant to which Building Permit No. 29988 2 dated JANUARY 2, 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is THERAPEUTIC EXERCISE POOL INSTALLED IN AN EXISTING ENCLOSED PORCH ON AN EY.ISMIG ONE, FAMILY DWELLING AS APPLIED FOR. The certificate is issued to CARL THOR HANSON s ANO (OWNER) ^� of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N 300787 12/30/93 PLUMBERS CERTIFICATION DATED N/A Rev. 1/87 P RIORCOFDING OR FIL . 4, w Mr -z A# � � DWARtO h, NQ",All SUFFOLKCOUNT' I Dead I Morleap huirwnlal I Deed I Monpre To 31sidp v 11 Recomins I Filing Campo I Page IRlllerFee 1, Q--0 llondliey I,0—> Bt '%Ek, THAV 9 MUST BE TYPED OR PRINTED IN IL& = I SUFFOLK COUNTY CLERK ' 13LB296SMRt:C1V+~q L'A-5111(Cott1117) UPN 4. .. .C2. t h�',a!, I,!: -TAI E .•. �7,iJv Cum M. of" ocr z 1998 Scral a i,1x cminclte w c..7UNTY .w....^_-... P RIORCOFDING OR FIL . 4, w Mr -z A# � � DWARtO h, NQ",All SUFFOLKCOUNT' I Dead I Morleap huirwnlal I Deed I Monpre To 31sidp v 11 Recomins I Filing Campo I Page IRlllerFee 1, Q--0 llondliey I,0—> TP414 .�..._. AuIIIIDn . S✓ L'A-5111(Cott1117) LA4317 (State) ..�::1..•.... KP.T,S.A. �7,iJv Cum M. of" Arfidlvil t enlMd Copy ltcg, Copy .w....^_-... Whey Red Property TU SeMe1 w Olt; �D Sub Tolai GRAND TOTAL, ..rN"Nowm ommomw gnncy Verification Morigaee AIN. 1. Beak Tu I SONYMA __.. Sub Total 3. SPWAIIL TOT, MTQ TAX Dual Toeeo -Dual Co my Hdd for Apptrikea ent Trader Tu M&wWTu ..._.�._._. Tho Properly to";;by 1b11 taDM191 11 or will be ImprorW by a one or nva family dwdlloS only, YrA— or NO— U NO, ue oppropriale tat clauu on Poll n of thil laltrwm+nl. Title Company Isfornotion �%� Qct �y' tl U �.fti.C•sy-.rh CDa1Pan alae cub— Cblck— Charge— PolarUMu R «R— RECORD & RETURN TO 91 Suffolk County Recording & Endorsement Page This page forms part of the attached ` <%µt;Ur, d,- _ made by: (Deed, Mortgage, otc.) ;7� 4 r The promises hertin is sllusttd in SUFFOLK COUNTY, NEW YORK, rTO in the TOWN of tis � .• � ' r tIn the VILLAGE or HAMLET of F- t -1 It arawareMMU&wow ifteRrAWNMI-W.0OR ....�r..... +,., OC RRRL7ION D><lR� r r •�.• COM" YOua tAWYK W0411i14 S"" "M tMlY,uwtft • YM I Ut1YttIONOW MOM 11 YUO BY tAWYla{ MY , THIIINDOrm mode the lv+►, day el Tune.. , nlaoteee kundred Ind ninety -fight uTWM Barbara B, Dow, residing at P.0, Box 41, ori t, N,Y. Ii9S7 o party 01 tke ilrw p K sad Dorothy D. Anderson, residing at 104 lieywo,4 Drive, Glastonbury. Connecticut 05033, pater Bedell, ronidIng at 519 Auburn Avenue, Wydaoor, Pennsylvania 19076 and Nicholas Jacangrlo, having an office at 150 Broadway, Now York, N.Y. 10076, as Trustees under a Trust Agreement dated January 12, 1998 between Barbara S. Dow, as Grantor, and Dorothy r, Anderson, Peter Bedell and Nicholas Jacangelo, as Trustees parr of des Wooed part, WRNL:RR K th61 the patty of the flat put, la eoaalderatloa Of ;rn and 00/100 (1110,00) Dollars and other good and valuable eonaidaration "Im kwfoA pald by tk0 party of tA. Wend put, 41006 hereby Meat sad nbw oalo the parry of the a6send part, t1n h01rs or 1u0ewon end assigns of the party of dw wood pat forever. /11.1, ►kat eeHsin plot, pica et pawl 011ead, wldt *A bulldinp sad Improvements doer oo Wooled, sltwsa lying and being iteha at Orient, Town of Southold, County of Buf folk and Stara of Now York more particularly described on Schedule "A" annexed hereto and made a part hereof, .a 0 TOCZTNILR with ail rlSht, hila And laterest, it any, of the party of the Ant Pett in and to any nrau and reads abutting the above dacribod premisss to the center have thereof, TOUTNIM with the appurtenances and all the rsuls, and rlihis o1 the party of the first pan in and to laid premivw, TO HAVE AND TO HOLD the premien herein granted unto the party of the second pan, the heirs or eurrrnort, And awlyne of the potty of the eeoond pan forever. This is a correction dead intending to correct rho error contained in a deed between the parties that was vocordad in the office of the Clerk, Suffolk County on !larch 2, 1998 in Liber 11880, pave 965, which deed, in addition to the promises doaeribed in Schedule A horeto, also orronsously conveyed the promises more particularly described in 60.4idule S annexed hereto and Stade a part hereof, It was not the intention of the party of the first part to convey the prateises described in Schedule It to rho party of the second part, The party of rhe second part executes this correction dond to cunfirm the correction of the error contained in tho dead rocorded in Libor 11880, page 965. AND the peril, of the 4rat W eovensau that the party of the Aral pan has not done or suffered anything whereby the Bald promiws hive ban lnctimbered In any way whatever, escopt as aforesaid, AND the party of the Arm part, in comphanos with Soctfon 15 of the Lien Law, eoverimts that the party of the first part wilt receive the oon►lderarton for th►s eoav+yaaeo and trip hold the rithi to roalva such conoid - epsilon as a trust fund to be applied Ant for the purpow of paying the cam of the Improvement and wUt apply the same first to the payment al the rat of the ireprovemeni before Wax any Pon of the total of the aame for any other purpose. The •ord "pony" A&D be eoneitued as if It read "pariles' whenever the waw of this indenture ao npuim. IH WfTNUS WHEREOF, the party of the first pan has duly executed this deed the day and year Arse above William r. $arbara It, Dower� so Dor ot t , Aa��eer'tson, as Trustee Pet S4 bid a:I2 dal , s Trustee Nicholas Jetca lolo, ae ru teo SCHEDULE "A" annexed to Deed from Barbara B, Dow, as Grantor to Dorothy D. Anderson, Peter Bedell and Nicholas Jacangelo, Trustees under a Trust Agreement dated January 12, 1998, as Grantee All that piece, or parcel of land, lying and being at orient, Town of Southold, County of Suffolk and State of Now York known and designated as Lot 2 as shown on a certain neap entitled "Barbara B, Dow" and filed in the Suffolk County Clerk's Office on September 19, 1997 as Map No. 10059, Abstract No. 13329 which pamises are more particularly described as follows; Beginning at a point situate at the South East corner of the subject premises, which point marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom, and running from said point of beginning the following courses and distanced SOUTH 62 DEGREES 31 MINUTES 30 SECONDS WEST 96,16 FEET along lands now or formerly of Rowsomt THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98,10 FEET along the "Old Burial Cround"i THENCE NORTH 4 DEGREES 45 MINUTES 50 SECONDS LAST 128,00 FEET along lands now or formerly of Stern to a monuments THENCE NORTH 35 DEGREES 57 MINUTES 00 SECONDS EAST 180.00 FEET along other lands of Barbara B. Dow (Parcel 1)1 THENCE NORTH 47 DEGREES 41 MINUTES 30 SECONDS EAST 115.00 FEET still along •aid Parcel 1 of Dow) THENCE NORTH 34 DEGREES 15 MINUTES 50 SECONDS EAST 156.28 FEET still along said Parcel i of Dow to the Ordinary High Water Mark of the Long Island Sound! THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LANG ISLAND SOUND THE FOLLOWING TWO (2) COURSES AND DISTANCESt (1) SOUTH 32 DECRIES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 121,01 FEET) (2) SOUTH 53 DEGREES 55 MINUTES 40 SECONDS CAST ALONG. A TIE LINE 87.99 FEET to land now or formerly of Mitchellt THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 369,08 FEET along lands now or formerly of Mitchell and Rowsomt THENCE SOUTH 31 DEGREES 20 MINUTES 20 SECONDS EAST 72,65 FEET alonq land now or formerly of Rowsom to the point or place of Beginning. f1\LN\7470]\4CNRDA1.WFD SCHEDULE "D" annexed to Deed from Barbara B, Dow, as Cantor to Dorothy D. Anderson, Pater Bedell and Nicholas Jaaangolo, Trustees under a Trust Agreement dated January 12, 1998, ae Crante• A• All that certain plot, pisco or parcel of land, with the buildingN and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of Now York known and designated AN Lot 1 AS shown on a certain map entitled "Barbara a, Dow's and filed in the Suffolk County Clark's office on September 19, 1997ae Hep Na, 10069, Abstract No. 13319 which promisee are more particularly described as followst 6asinnlnf at a monument situate at the South East corner of the subJect promises, which monument la the following three (3) couraasand distances from a point which marks the North East enrner of a 50 toot Right of Way crossing the Ian,{, now or formerly of Rowsomt (l) SOUTH 82 DECREtS 31 MINUTES 30 SECONDS WEST 96,16 FEET along laude now or formerly of Row@om; (2) THENCE NORTH 8$ DEGREES 36 MINUTES 00 SECONDS WEST 96,10 FEET along the "Old curial Ground"; (3) THENCE NORTH 4 DECREES 45 MINUTES 50 SECONDS EAST 128,00 FEET %Long lands now or tormerly of Stern to a monustont; RUNNING THENCE IRON SAID POINT OF BEGINNING SOUTH 81 DEGREES 10 MINUTES 00 SECONDS WEST 51.29 ICCT still along land naw or formarLy of Stern; THENCE NORTH 19 DECREES 54 HINUTCS 30 SECONDS CAST 120,52 FEET still along land now or formerly of Stern to a monument; THENCE NORTH 7 DEGREES 46 MINUTES 30 SECONDS WEST $85.21 FEET @till along lands now or formerly of Stern, Chiarchla and Stare and through a monumont to the ordinary high water mark of the Dons island Soundt THENCE ALONG THE ORDINARY HIGH WATER HAkK OF THE LONG ISLAND SOUND THE FOLLOWING THREE (3) COURSES AND DISTANCES; (1) SOUTH 10 DECREES $Z MINUTES 50 SECONDS CAST ALONG A TIC LINE 138,14 P99V (2) SOUTH 49 DECREES 43 MINUTES 20 SECONDS CAST ALONG A TIE LINE 154,67 IEETt (3) SOUTH 31 DECREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 272,:6 FELT; THENCE SOUTH 34 DEGREES 15 MINUTES 50 SECONDS WEST 156,28 FEET along other lands of Barbara B, Dow (Parcel 2); THENCE SOUTH 47 DIOR91S 41 MINUTES 30 SECONDS WEST 115,00 FEET still along said Parcel 2 of Dow; THENCE SOUTH 3$ DEGREES 57 MINUTES 00 SECONDS WEST 180,00 FECT still along said ?Areal I of Dow to a monument and the point or place of beginning, r. �u��is»1��cHeoe,vfo a er *;a O; Now You- cwmTY oe WWAc,) eai • e On the alf da o q' 14 98, before Me panosally am I�a�A r�art& B, Dov = to me known to be the in4ividu4l dnoribed in ad who exwutad iM lorecing lnaruinest, and aakaowi"lled tbae ' she utaeuled IIlhio. u ne, Notary Public DONIS 01WOLU Notary NbIlo, title of New Ywa Pia, 47014123 QWM%4In Na t)en+ml.sio,t r�pt�eee �l�p�� l On the day of �,ld Immonally ateso mr known, who. balm by me duly aw and laythat he "alder ai ho. that he it the of the wv}oralion deaoribed in end which ted the fonoolnj Inatritatentl ilili he knower tM of aid ootporatioat that the ws1 alBited io mei ttrutf!„nt is $*ah oonwrato wall that it was so a y order of tho board of directors of aid asmam. STAT& Or PENNSYLVANIA, COUNTY Or P AILA sat On thofiO3`day of -10t, 1998, before as personally came Peter Bedell, to as known to be the individual described in and who ox•eutod the foregoing instrument, and Acknowledged that he executed the same ■s Trustea. varpdaw errttIDly�sr Coruawr to �u �i tan'�aCounY�oo Tttt.t No, COMA No. E,pnN ()K ?k 1 t'�sv•rt n+un.,, .58/3 Barbara B. Dow W., Dorothy D. Anderson, Peter 6sde11 and Nicholas Jaeangelo, as Trustees under Trust Agreement dated January 12, 1998 r NO 1 b VA CONS HYI On Lh4 ' dAef 1998 .bale" tee pnroaally amrot y D. Wargo" to me known to be the individual deaaHW in and who eaeauied the fo sing Win!at, and 44Mowladted that she executed the aanw arusts., Notary Pubc My CofnfMaelon W. may 11, 2004 day p�erwn+lly gime of the subeerlbing witeste to tht wham I tin plraatutlly ttqusin swam, did depots and ay that that he knows / who 19 >aoo ruftwnt, with Ing by Ria duly In at No. i io Vie the Indiridutl I the foregoing ittrtluntent; eft, was peeaenl and mvy and that Via. said witeae. STATE Or NEW YORK, COUNTY Or NEN YORX sai on the/07%day of , 1998, before %e personally cans Ni olas Jacan{<slo, to to known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed t same as Trustee, AKMON 17 Notary Pub "toWWN II= 2 jgtaly eSAtae, "40saa r York COUNTY Olt TOWN Sit ttolk 11i1'VIN •Y NAIL TOi Linda Newman, Esq, Carb, Lurie, Cook 6 Kufald LLP 521 Fifth Avenue Nov York, NY 10175 1�Kf{dl • 11111110131111111111111 IM111111111111 OLR Com CLQ RECORDS OFFICE RECORDING PAGE T}►pe of Instrument: I)Z=/DDD NUMbar of Pagent 4 Receipt Number , 04-0112156 TRANS MM TAA NUd33LR : 04 -1074'7 7-1 Recorded: 10/08/2004 At: 04:35156 Ptd LIBER: D00012348 PAGE: 0376 District: Sections Blocks Lot 1000 017.00 02.00 001.009 Deed Amount: EXAMM AND C3PJtM $2,075,000.00 AS FOLLOWS Received the F0110wimg Fees For Above Tnstrwment NO �t Qage/Filing $x.2.00 NO Handling $5.00 COE $5.00 NO RR9 SRCBd $15.00 F.A-CTY $5.00 No SA, -STATS $75.00 TP -584 $5.00 NO Cert.Ccpie■ $0.00 RPT $30.00 NO SCTM $0.00 Trannfer taut $8,300.00 NO Mansion Tax $20,750.00 Cost=. Pros $38, 500.00 NO TRANS Fees Paid $67,702.00 08R TAX ROMMM& 04-10747 TUI S PAGE 19 A PART OF THE namRVMNT T=8 TS NOT # HILL 8dwn=d P . Romaine county Clerk, Suffolk County Rwempt NO NO 140 NO NO NO NuttJ><x of pages 1 TORRENS Serial 9 Cert4fxft I Prior Ctf. d Did /Mortgage las0ulrunt Pega / Fil i & Fee kandUng TP -5" Notatfao .• FECORD 'n 2004 OCs 09 04135156 Ph Eduard P.Ro"irw CLEM OF S11FTMX COUNTY L 000012348 F 278 DT1 04-10747 Deed / Mongage Tax Stump Recording ) Filing &jtmpr "'A 17 (Coag) Sub Total FA -5217 (Sum) ".T.SA Catnrn of I§i -1 Arrwkk • • Cmlpy lrwd Co P -19 -Cow Sub TbW alp QRANo To'rAL 5'Z 1 Feu! huperty Tim SnYom ARarey Venrtcatim Dix_ I Section . a tack ILot Stamp 04042S 1000 01700 020o o01o09 1�w Dwte PT S R R3X A — WOia5 T Satcsfacttea9/Dlso}nat�esJReleaa+es List Property Ownm Mailing R ECORD A R to! DOUGLAS A. LOBEL, ESQ. 25 West 43rd Street Suite 1504 New York, NY 10034-7406 1 I i I I Arnt. i I. Back Tan 2. Additiaml Tax Sub TOW SperJA=4. Or Spm. /Add, T(YT.11tTt;'i. TAX Dual Town Dwl Coamty Held Ibr Annan wnm Transt'er Tax R lob MWslon Tar a e -1 5c The property covered by Ihlsl mutlgt6e is Of will be Improved by a one or two family dwelling only. YES or No KNO, xo appropriate tax clan -W w pace 4 elf this i"trneaeo G Lp9mmunity I2'reservation Fund Conaidoration Amount S 2.075,000. 00 CPF Taut nuc S 38,50.0.00 PNS X Vacant Land TD Tr) TD e I T1tle Company Information Co. Name [ I Tit1eN -3voy- 0a7Y7 9 Suffolk Cour Recordin & Endorsement P e 711is 1W fotrnr part of the Muchad Deed made (SPM F -Y -IYPC OF [N3'iRIJh —) CARL THOR HANSOR b CHARLOTTE EDERS HANSON .1x prerrri9% Imin Is sit hied in aJFr= 017UNIY, NEW YORK TO In the Towe ip or SOmOLD JOHN H. JOSEPHSON 1 CAROLINA F. 7APF In the VILLAGL•- ot HANIL.ETof ORIENT Wx1-15 T1 -IRU 9 MUST BE TYPED OR PRI NnJD IN BLACK INK ONLY PRIOR TO RECORDM OR, FILING. eONOULT ToiMt I IWYIER QEFpR g r}�� p p p� THIa IHSTRU1191T a}IOIAD BE LIS LA YERS MY TM INDENTURE. Rtede the C%r Gey of Se*rnbar, M BETY IF -4 CARL THOR KhNSON SM CHARLOTTE MENS HANSON. hnba d and wis, ea tenants In tx M00 wart dght of °►Bhi?. bath mskft at 6m0 NrdwA Rcod, Off, NY 11957 Ply Of ale Brat pari, and JOHN H. JOsEPHSON and CAROLINA ZAPF hoband erto wf(g, both resWhg et 211 CW'tr aj park West, Apt, fit(. NOW Yorks, NY 10024 P" of the 6900rtd pmr "8M, MWfha Party of UN first pelt, In consIdereaon of TEN and rWi0p (S10.00) dollars paid by fm party of the SOCOM pat, dose hereby VVfl arra r kms onto the parry of the 6eeand part. Haas or a�>cc Mmb ane asSigna of he party M ate seaom part forwmr, �Plot and cmh*place or psre¢I of Irtrtd, wM ma buNdh�ga and anprovetrrerrts thereon eractad, suvata $,EE'SCfIEDULE A"A" ANta� BMG AND INTENDW Tp HE the same Wwybes conveyed to the pedes Of the first part by deed meth by Jontrthsn Dmkght Slam and A4arpafet Morn dated 10/13/93 end racmded 10/2M InLb% 11049 CP 676, TIETNHR wah as rkpht fRke raid Inkmet, ff any, of ea party of ft fust pert h ad to any akeeb and roads aAND TO HOW to S part In e "taWt" wttl ng t o dd� pis' to the center Ihm That To()M ER NNh Uw appt�rtartances arta am pratnlsea tteralrt Qr calm ft of ate first ra ala prarllsas; TO RAVE ale the so= pert farewr. Ply of Rte secnrtd pari fthairs or tuxsoetreort ala esaiens of the pally of AND Ria party of am fast pari cuvananta hW the pally of Die frac pari bee not Cone or suAared wr whereby the said premtaes here been &v m bWW In eny way tvtratevar, mwW es aforesaid yftV AND the party of Rte Rrst Peek in compttenoe wt h Sec dm 13 of the Lkn LEIV, covenergs that the pmty of the *8 peri wE rscalm the consideration for fteamlayant a and sum hold eta tight to mostva such mrmiderWw ea a trust hind tD be app4ed feat for the purposu at Dey� Opal of it+a rft fkat m MO payment Of the coat of Rte 1mPPent be= nein mem aid wil apply the 8 me Pwpoee. The wore hued as tf a read 0 P� of total d the aame far any other -. Baty' eflea De Done 'parties• whtrn&~ the sartae of thla vxent n so IN VM14M WHEREOF. lie party of the first pati has duly oxwxAad Ihls deed 9,e day and year fuel above written. TdONM: 3804-007-17 LEGAL DESCRIPTION ALL TRAT C.'E"A_Tll PL&r, PIEC^di , OR PARCEL OF LY LAND, 3TTL131TE OitIB TORN OF SOUTRDLM, LAND, OP FFO SULK AND STATE Olt NEW EEM !NORSE y PARTICULARLY BO(A,IDSD AND DSSC tjDRb AS PDI.1+M: ' Wmx G AT A POINT WHICH Poon SHALL BE Mm AS Tn TRUE POINT OF BEGIMNINa i ABVD WHILE IS Lor -AT® BY THE POLL.DNUG COuR,SEB Mm DIbTANCES WMINNIM AT A POIaTT am THE NORTRBRLY &m3R OF MATH ROAD ITHEiTBRLY - NY ZS 'NHHRS IT SIDE OF A CERTAIN RIGBT OF WAY "ICH IS 33 FEET WIDE; RUNNING THENCE 480 PEW MORS OR LBSS KAY; ALONG THE BA.BTMtLX SIDE OF TER LiIGHT OF RUNNING 1'H8= RMT$RLY 30 FEET TO THE SpmH 8A -S7 COMM OF A RIOUT OF WAY WHICH RIGHT OF KAY IS AT TRAT POINT 63 FEET W=3 AND RRiNXM MARC SAID RA9TERLY SID$ OF THE RIOT OF MY, NORTH 4 DSams 12 MX)AMS 00 SECONDS BAST 513.40 FEET: RU"INC THDiCE NORTH S8 DEGREES 00 H'bTol'68 00 SECONDS $Asti' 213.60 Pis TO THE 71ZUE POINT OF B pQ; RUNNIHOTXMCE ALONG SAID LA!®S OF CRIERCS{IB, &Ot1TH B6 DEGREES Do liT141Ttii$ 00 1 EAST 150.00 FEET TO LARDS NOW " F000MLY OF DOW,- RUNNIMG TMWCB Awa SAID LANDS . AND DISTANCES : NON Oft FORMERLY OF .Doti THE POL.L,C4iTtQ0 4 COPSES 1- 80UrR 07 DECREES 46 MINUTES 30 SECONDS EAST 35.0 pEI�; 2- SOUT'B 19 DRUMS S4 MINOTBS 3o SMX S WEST 120.52 PRIM; 3- NORTH 01 DEGR.RES 10 MINUTES 00 SECONDS EAST 51.29 FEET; 4- SOUTH 04 DEGREES 45 MINUTES 50 SECONDS NEST 123:00 FEST To n GROUND OLD BURYING I RMWING THMCCE ALONG SAID LAZM OF "OLD BURYING GROMMw THE FOUAWTIM 2 COVRSES AND DISTANCES 1. NORTH 89 DRGRERS 47 HIlR1 M DO SECONDS WA= 50.00 FSI�T, 2- SOUTH 04 DWRM 45 MINUTES 50 SECOmn RRST 34.07 ,FT; 68CONns Rt7THL?NCE ALCVG �R L.AMDS OF 7M SEI UM, NORTH 95 DEGREES 48 MINUTES oo 0?�IIS �iEST 7195.46 FEET TO T8$ LknERLY SIDE OF BIRDS EYE ROAD; RUNNING 24LENCR A14M TEE EASTEny SIDE OF BIRDS BYB ROAD THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTH 04 DECREES 12 MImms Oo SECONDS BAST 177.40 FEET; 2 - VORTH 58 D=REg 00 Mf7W=l8 00 SECONDg 213 .60 MET TO THE PO= dR PLACE OF HEGIl01T M ";7� • .L7,, .t. �,!. i•1 J.:,!,l:..��1.11 _. 1� • Al�/a.i1 Bw On tttea�ll� day of $9Pbmber in the year 2004 H ON add1oC KAMO � Mg F appealed CAIS. THOR Pity known to me or pvved b me on ft be* of ry tWOWCO m be OW h*Wdualts) �) h (rev) to the eh?M trtetrun�ont and Ia tt6WO ey Wm -"d Ufa tame In hteffxdb* ihe on ale Yd*1J2f(A) ) Or ma of %tdn, = , (e) adat� WTCAagU,e htalnamertt. Stale of New Yot1t„ County of On the day of In fle Yom, before me. Cra undo *rod. W17WY appeared PKDWk* IQ a ma Or Plewa to ow on (sm baeb of to Wadwy &*Mnoo b be the b*AA,ed(s) wlwse nafm(s) 1t (ate) subasrtbad to ttw -wo Y,tmurnary an4 mWma*U dWd to Ina 0* how-rAy B=cLftd ft aim's in g ala 0"dmMaL am ow tt►e h -Ah* ) on !ho ksetrttrrtant $,.1nCMduat(11 Or the Parton upon bottatr of which wa YxA►Yil.al(e) solea. 8**Aod ase instrument. rose � 1t,e2vbtmt �9 �) (t�[111tttt� and of9ca Or indtr{dud {aklrtD sdcrtvyvl , V Nav1cjT Tr,sco Mw P��a, �, s+,� rP���•k No d FLII%T;X RMU-MMARLMMUNW-YORK STATE Ststa EarDMd Of Com"blk Tell". or Forelpn CounR)4 of On tho day of It: In Cte ytwr halam me, the urrierm d, per,&, aopoered PKA-"Y ktlotm m ma or poled b ma m, C,e bssla Of eabaf.Mry 6v4fertae b be Ute Imbfdtt,f(a) wrsm n®tte(s) 1s (are) �aubsated to Cue wKhln bslrun>ett) and to me rat hWawMfay MevAod ate sante In Ns/heNtlteY ) ane ezecwad Bm {rwhmw1t �kftmVWMduM de s ). of the pm the upon bow .,d n witlrl+ o,e btdAAetmt(t) aPae�srar,oe baron the tmderdpined ti Oto Gert uta cty et ober pdn� strtf) „ (at,d MfeeA ma 3>me or %"JLxmurw cow plane ft acro, ,.Je,9 was town) BARGAIN AND SAL. DEm M►tTN CMKAXT AGADW aRANTOjn ACTS TMw No. CARL THQR KAWMN & CHARLOTTE EDENS HANSON TO 1ORK k IOSEPHSON A CAROLINA F. ?AP11 —M Of ww loft N CF MM u 4lYflrifteet by M1101NIrE1Hi1 ►AMs+S.nrwann.r CQ4ptAvvA117 r LAM Trru XmxwA vicerAwAm (t:Iprmame and ofltce of tnrnv�twmv�+nerel DISTRICT 1000 SECTION 017.00 BLOCK 02.00 IAT 001.009 COUNTY OR TOWN STREET ADDRMS COMMONWEALTH UVM ME INMAUN E COMPANY DOUGLAS A. LOBE)., M. 25 Weat 411 Sbvet Sule 1504 Now Y^ NY 70034-1998 BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK AYK OM PRIOR TO RECORDING OR FILING. I I SUjtFO11 COUNTY CLERK 2 3 t 1164 LIK039 N+ewberaf 1 Ep it � 4 prior Ca Ccrtifacue a _,_„ � i Decd I MwIpw Inapt Deed I Mortgage Tu SIMV Raeorriing I Riling Stamps Pare I Faft yet AWL "^ L Bade TIM L. SONYMA ; Sab Tota[ ��m�RAtiSz17 (Zwn3y) srd� Totd 3. SpwJA IIL EA -5217 (Stale)74 TOT. MTG. TAX ti�'$�. R.P.TS.A.� Dunt Town Dai County _ Held for A,tpoetioamed • _ Cama Or Ei _ • Tracder Tu AlBdard �" Maadon Tu Certified Ca" f The prep y CVMVd by ti�L rr�,rt(Pe is or wiU be teprared by a an or two tire, COPY _ Sub Totat tastily dwemn6 edy. YFS _ or NO _ Otter GRAND TOTAL _— it NO, nee appraprtate to dame on page s of this inamment. Real Praptriy Tu Service Aeaq Vcrrficatioa 6 Tick Company h dormatdna Did IB1aelt •��"-14 1000 017.00 02.00 001.003 none n r Campaoy Name ti 5� A Title Number RE8 PAID BY: } 7 cash�Cbedkx Charje William H. Price, Jr., Esq. 828 Front Street » Payer same ar R & R PO Box 2065 ; Greenport, NY 11944 OR- -- S RECORD do RETURN TO i Suffolk County Recording & Endorsement Page This page forms part of the attat:hed covenants and restrictions made by: (Beed, Mortgage, etc.) w� STERN WITH HANSON`s — - The premises herein is situated in SUFFOLK COUNTY, NEW YORK. yji x In lire TOWN of SOUTHOLD _ In the VILLAGE ORIENT or E AMUT of 4: r uta awn , DECIARATION OF COVENANTS AND RESTRICTIONS DECLrMU-nON made by Jonathan Dwight Stern and Margaret Stern, this day of fiber, 1993, residing at 900 Birdseye Road, Orient, New York, 11957, hereinafter referred kA to as the "Owner" X. WHEREAS, the Owner has title to certain land situate, lying and beingat Southold, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more "= particularly described; and WHEREAS, it is the Owner's intention that the aforesaid lands be subdivided into a minor subdivision consisting of not more than two (2) residential lots; NOW, THEREFORE, the following described land shall be restricted as hereinafter set forth. AI..i. that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point when the southerly boundary of lands of Chierchie and the most northerly boundary of this Parcel I intersects the easterly line of a certain right of way being approximately 30 feet in width (hereinafter referred to as 'Binds Eye Road), said point being the following two (2) courses and distances (as measured along the easterly line of Binds Eye Road) northerly from the intersection of the northerly tine of a certain 25 foot right of way and the easterly line of Birds Eye Road: (1) North 04 degrees 12 minutes 00 seconds East, 488.54 feet; (2) North 58 degrees 00 minutes 00 seconds Fast, 213.60 feet to the TRITE POINT OF BEGINNING, and from said true point of beginning RUNNING THENCE along said lands of Chierchie, South 86 degrees 00 minutes 00 seconds East, 150.0 feet to lands now or formerly of Dow; RUNNING THENCE along said lands now or formerly of Dow the following four (4) Courses and distances: (1) South 07 degrees 46 minutes 30 semuls East, 35.0 feet; (2) South 19 degrees 54 minutes 30 seconds West, 120.52 feet; (3) North 81 degmes 10 minutes 00 samuls East, 51.29 feet; (d) South 04 degrees 45 minutes 50 seconds West, 128.0 feet to `Old Burying Ground'; RUNNING 'THENCE along said land of °Old Burying Ground' the following two (2) courses and distances: (1) North 89 degrees 37 minutes 00 seconds !Test, 50.0 felt; (2) South 45 degrees 50 minutes 00 seconds West, 38.0 feet, more or less; RUNNING THENCE along other lands of the seller, North 85 degrees 48 minutes 00 seconds West, 290 feet, mors or less, to the easterly line of Birds Eye Road; RUNNING THENCE along the sisterly line of Birds Eye Road the fallowing two (2) courses and distances: (1) North 04 duces 12 adnutes 00 seconds East., 178.0 feet, more or less; (2) North Sl; dem 00 minutes 00 seconds East, 213.60 feet, the point or plane of BEGINNING. i TOGET EER WITH the right to use for the purposes of ingress and egress the said 30 foot right of way, Birds Eye Road, as set forth on Map of 4 Proposed Minor Subdivision for Jonadmar< Dwight Stern dated June 20, 1977, attached b ado and made a part Woof. ALL that =tain plot, pme or pawel of land, with the buildings and iewwerrtents thereon nested, situate, lying and being at Orient, Town of M Southold, County of Suffolk, State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northwesterly side Birds Eye Road where same is intersected by the easterly boundary of lands now or formerly of Conroy and the southerly and the westerly boundaries of the hereinafter described premises, and from said point of beginning RUNNING 'THENCE North 04 degrees 12 minutes 00 seconds Fast, 254.66 feet along lands now or formerly of Conroy and thereafter lands now or formerly of Mahafey; RUNNING THENCE along said lands now or formerly of Mahafey, North 28 degrees 39 minutes 40 second, west, 300.0 feet, more or less, to the ordinary high water mark of Long island Sound; RUNNING THENCE in a northeasterly direction along the ordinary high water mark of Long Island Sound, a distance of approximately 170 feet to the westerly line of Lot 3 as depicted on the Map of Proposed Minor Subdivision for Jonathan Dwight Stern, attached hereto and made a part hereof; RUNNING THENCE along said westerly line of said Lot 3, South 06 degrees 00 minutes 00 seconds Fast, 300 feet, more or less, to the northerly line of Birds Eye Road; RUNNING THENCE along the most westerly boundary of that portion of Birds Eye Road a distance of 30.53 feet; RUNNING THENCE along the southerly line of Birds Eye Read North 82 degrees 13 minutes 30 seconds Fast, 9432 feet; RUNNING THENCE along the westerly line of Birds Eye Road South 00 degrees 33 minutes 50 seconds Fast, 209.73 feet; RUNNING THENCE along tate northerly line of Birds Eye Road South 58 deg"es 00 minutes 00 seconds Fast, 209.13 feet to the point or place of BEGINNING. TOGETHER WITH the right to use for the purposes ws ingress and egress the said 30 foot right of way, Birds Eye Road, as set forth on Map of Proposed Minor Subdivision for Jonathan Dwight Stern dated June 20, 1977, atriched hereto and made a part hereof. Declarant does hereby warrant, covenant and represent that all stormwater runoff resulting from the devclopment and improvement of either of the above-mentioned lots shall be retained on the site by adequate drainage structures so that it witl not flow out onto the right of way of Main Road (State Road 25); Declarant does hereby warrant, covenant and represent no more than one (1) residence shall be permitted on above referenced Parcel II; Declarant does hereby warrant, covenant and represent that an approval of the aforesaid 9 described set-off by the Planning Hoard of the Town of Southold, no further subdivision of any of the Yy lots set forth in said set-off shall be made without prior approval of the Southold Town Planning Board; Declarant does hereby warrant, covenant and represent that the foregoing restrictions and agreecrre�ts shall bind the undersigned, their heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots shown on the aforesaid premises in said mirror subdivision by transfer or otherwise. IN WITIdM WHEREOF, the declarants do hereby cause their hands and seals #o be aiinxed this day of Septanber, 1943. ul n ATFIM DWIGI�T 5'I'EItN c 10 STATE OF laW YORK) <t= SS: COUNTY OF SUFFOLK) �t On this ` .' day of September, 1993, before me personally carne JONATHAN DWIGHT u r STERN and MARGARET STERN, to ane known to be the individuals described in, and who executed, the foregoing im mme t, wW acknowlodged that they eaecuted the same. N 1iYlLlle. , 110cary Pulvlt Y Park No. 4e,! „ I;ry �11! Ejires FeL+v®s.f ... n fF,•• j )x' I i =S {r�-n P S 21 ` y�a .- nor, Ji�i^ LOXES S THRU 9 MUST DE TYPED OR PRINTED IN BLACK 1NK OI I -SUVFOLK COUNTY CLERK 21 . a076 Nusnherof pages J t' r�r Serials--------------- ` }t y P :. _ 9076 Deed 1 blungage Instrument Deed / Mortgage Tax Scamp 41 Page 1 Filing Foe �,� r Handling t TP-5114�- Notation EA -3217 (County) Sub Total --•� EA -5217 (Sisk) Comm, of Ed. ATidsvit �, 3 Certified Copy .� lkg• Copy Sub Total u t Other CPAN `J TOTAL % 6 heat l rupeny Tat Service Agency Ver.Gcatiou Ui%r Seehio i —AWL Lo f., I2JFEE PAID t1Y: Cash Check Charge,___„ Payer same as R & 12 R-�* 0 _ (ffi<<, 1. Il:�k-i PRIOR TO RECORDING OR FILING, 3-71 t rn Cn C= o ~ TT .7 C,7b W v w v m lkcurding / Filing Stwups Mori fte Amt. L Bwic Tax 2. SONYMA Sub Total 2. SpecJAdtl,—�•.•.• TOT, MTC. TAR Dual Tows Dual County Held far Apportionment Traarafee Tax ( ,� Mansion Tax _ The property Mored b~ y this mongage is or will be improved by a one or two family dwelling oniy- Yy=S or NO U NO, see appropriate "I a—. on page N of this instrument. Title Company Information MADISON ABSTRACT, INC. Cougouly Nana: S932315 Abe Siegel, Esq. Siegel, Chalif & Winn, P.C. 21 East 40th Street New York, NY 10016 f =Coun�y CCORD &RETURN -TO 9 SRecording & Endorsement Page This page forms part of the attached QEED luadc by: (Deed, MOrtgage, etc.) STERN The premises herein is situated is SUFFOLK COUNTY, NEW YOR HANSON TO K. In the TOWN of SOUTHOLD In the VILLo1GE ORIENT Fon.,?1007.8-8d JM I ra4torr Aotr-4nD tv{d4 wtt°ralWn. - -,ISnrsai0. RaQ N*k #Sand, with Covq .. �qot �;If� COMULT YOUR &^"Vn &WON li UNW9 "a "TRUNiW—Tilt 0010 il101^D 10 USID 9V LAt THIS INDF.NlUR4 made the 13th day of October , ninetevu hundtld turd ninety-three BETwWM HONE,-niAN DWIGHT $TERN„ and MA$GRRET STERN!, husband and wife, both_ residing it goo BJrd,lp Eye Rodd, Orient, York, 11957 :` 7 Y;;: ✓emeltts thereon erected; :situati ,nty of SuffoXk, A c esoribeci se foStn l d of 0448 -1, Road 4!'. ttYis#>�Y r>a+ nom salid point •ox y. . 7 h.P:, j - t; iniut$s„04> t3ecdnds East 254.66 Coi}roy' and tht reafter lands ,now ¢t , 4�er1y o M�hafety, North I MTeat`,,'300 00 fee , more,or xt�s{ G XsiaAd Sognd; +. cam; made a part l'46 eofl RUNNING THENCE along saidwesterly 13.no 0, said degrees 00 plinutes 00 seconds R -O t, 3110 00 feiw.t the northerly Nine of Birdsl, Eye'Roadj RUNNING THENCE' along the most westterly' bouridtl=Y. of Birds Eye Road a distaftce 'of 10.53' feet;;; nfi 3 , 5oµth • a:¢ ; e or less that portio RUNNING THE NGE a1on9-th0� 6bAther y Mite of Hinds �ye Road Noxi 82 degrees ;13 1t<inutes 30 tddi�i�tRa�? gr�2 feet? + x '-aA k*a�I Y ,04"000RUNING �, E elcR4ad, $b1ttE3 degrees 3'`3 tainett;s0 S,e;yy�u�RtBt�'r, 9 *f?£iestf . Ss r y t• i 7? T1 A r 'i it r r --w • {1 I I } ,1. 1 1 r� Y 7:i AL,4:that certain,, i:9 piece or parcel of lyingand being > at 0rlgnt, of New York,. -being Mrt a pa BEGINNING at d, .point .on th where same; is; n.tert3ect,9d or formt:r'ly of Conroy. --and'; is r party of the first pot, and rr RUI3NING THENCIf North,.Q4 dE CHARLOTTE EDBNS HAltiSbN, residing at 211 (Central Pakkk*- � . + S N ew York, New YpXk,; lOQ2:?f� t kE RUNNING TgiKNtE ;along' said, 1)t -.9'-N F10\ t� to the ord�lnayr'° high Ovate: I11:�. 1;JO0 I water mark of long r11 i ,f�i7�a21 feet to tEte We `teYly ] iile party of the second put. Minor Sttb #ivis on fox . lon WI'iNi that the party of the fir3t parC, to consideralloh of Ten ($i] 0 OQ)'--, w r+ ,I I s ,�I 14• z.1 ited States4tld @Lr and v#tlt}able consideration lawful money of o ie UnQt gQQd does g[anr'pnd tfinfo,the party of t$e second partthe T eiis"4 by the party of, the seopnd part herby Fretease successors and'IM" ns 4f the party of ihi4econd,jiatfit,fpreve? ,+'' , > , ✓emeltts thereon erected; :situati ,nty of SuffoXk, A c esoribeci se foStn l d of 0448 -1, Road 4!'. ttYis#>�Y r>a+ nom salid point •ox y. . 7 h.P:, j - t; iniut$s„04> t3ecdnds East 254.66 Coi}roy' and tht reafter lands ,now ¢t , 4�er1y o M�hafety, North I MTeat`,,'300 00 fee , more,or xt�s{ G XsiaAd Sognd; +. cam; made a part l'46 eofl RUNNING THENCE along saidwesterly 13.no 0, said degrees 00 plinutes 00 seconds R -O t, 3110 00 feiw.t the northerly Nine of Birdsl, Eye'Roadj RUNNING THENCE' along the most westterly' bouridtl=Y. of Birds Eye Road a distaftce 'of 10.53' feet;;; nfi 3 , 5oµth • a:¢ ; e or less that portio RUNNING THE NGE a1on9-th0� 6bAther y Mite of Hinds �ye Road Noxi 82 degrees ;13 1t<inutes 30 tddi�i�tRa�? gr�2 feet? + x '-aA k*a�I Y ,04"000RUNING �, E elcR4ad, $b1ttE3 degrees 3'`3 tainett;s0 S,e;yy�u�RtBt�'r, 9 *f?£iestf . Ss r y t• i 7? T1 A r 'i it r r --w • {1 I I } ,1. 1 1 r� Y 7:i AL,4:that certain,, i:9 piece or parcel of lyingand being > at 0rlgnt, of New York,. -being Mrt a pa BEGINNING at d, .point .on th where same; is; n.tert3ect,9d or formt:r'ly of Conroy. --and'; of the hereina ter deocl'k BEGINNING.' RUI3NING THENCIf North,.Q4 dE feet along; landsnow or f( + S now orf ortnexly of Maha-fe rIAN MAP RUNNING TgiKNtE ;along' said, 1)t -.9'-N F10\ 218 degrees 39 `minute0 ', to the ord�lnayr'° high Ovate: I11:�. 1;JO0 RUNNING T1fENLtE zn a n0F, water mark of long r11 ,f�i7�a21 feet to tEte We `teYly ] iile Minor Sttb #ivis on fox . lon ✓emeltts thereon erected; :situati ,nty of SuffoXk, A c esoribeci se foStn l d of 0448 -1, Road 4!'. ttYis#>�Y r>a+ nom salid point •ox y. . 7 h.P:, j - t; iniut$s„04> t3ecdnds East 254.66 Coi}roy' and tht reafter lands ,now ¢t , 4�er1y o M�hafety, North I MTeat`,,'300 00 fee , more,or xt�s{ G XsiaAd Sognd; +. cam; made a part l'46 eofl RUNNING THENCE along saidwesterly 13.no 0, said degrees 00 plinutes 00 seconds R -O t, 3110 00 feiw.t the northerly Nine of Birdsl, Eye'Roadj RUNNING THENCE' along the most westterly' bouridtl=Y. of Birds Eye Road a distaftce 'of 10.53' feet;;; nfi 3 , 5oµth • a:¢ ; e or less that portio RUNNING THE NGE a1on9-th0� 6bAther y Mite of Hinds �ye Road Noxi 82 degrees ;13 1t<inutes 30 tddi�i�tRa�? gr�2 feet? + x '-aA k*a�I Y ,04"000RUNING �, E elcR4ad, $b1ttE3 degrees 3'`3 tainett;s0 S,e;yy�u�RtBt�'r, 9 *f?£iestf . Ss r y t• i 7? T1 A r 'i it r r --w • {1 I I } ,1. 1 1 r� vritlt the southerly litre of ttakf l of 3 io "Fong It;arrd $ootid. Said walkingright of way to be kept clear t�td ut�obstucted by the owners of the aurviant estate' Lot 4, ,fn no eys►it #mall the oWo. firs of the . surviant estate; Lot 4; be required toyft any mprowmetrt toi said walliknp right of WaY.:` Thw, sant rt8hr of=way shall l+ot,bRvade�, tM , pavetl orotherwise imptov0d.' Said [i0ht to ren vi M the land: r r` SU ECtTo the non-exciusive pght to use,a port of the beach along Loup Island Sound; for recreational purposes 06,-#o'part of e beach being 20 feet in width Ifrom the 'eatcte . v boundary of thejabove described walking richt of way end a leh0th eouat to,tlie distance i RUNNING THENCE along the northerly line of Birds Eye Road South 58 degrees 00 minutes 00 seconds East 209.13 feet to the point or place of BEGINNING. -�• BEING AND INTENDED TO BE�'the .same premises as conveyed to the partio of the €first part by deed dated Novetaber '4, 1987 recorded in the ear Office of the Clerk of the+County of .Suffolk or: aovember 23, 19.87 in Liber 10.-f76 at page 429 " i �r J. SUBJECT TO a walking right of way, iwe 151 feet in width, running along the easterly boundary of the above described premises and the westerly, boundary of Lot 3 an ;Wof Oropbi6d,z Minor Subdivision for Jonathari.Dwight Stem; attached hereto, extending,to the most southerly line of: Bird:.Eye AcsRd, It exists ' 41 ' ' nt to and contiguous vritlt the southerly litre of ttakf l of 3 io "Fong It;arrd $ootid. Said walkingright of way to be kept clear t�td ut�obstucted by the owners of the aurviant estate' Lot 4, ,fn no eys►it #mall the oWo. firs of the . surviant estate; Lot 4; be required toyft any mprowmetrt toi said walliknp right of WaY.:` Thw, sant rt8hr of=way shall l+ot,bRvade�, tM , pavetl orotherwise imptov0d.' Said [i0ht to ren vi M the land: r r` SU ECtTo the non-exciusive pght to use,a port of the beach along Loup Island Sound; for recreational purposes 06,-#o'part of e beach being 20 feet in width Ifrom the 'eatcte . v boundary of thejabove described walking richt of way end a leh0th eouat to,tlie distance 11649w5' STATS On ittaw Tom COYwTT OP SUFFOLK hs: STATE O! NEW YORE, COYUTT 00 rao On the 13th dy of October 19 93, before me On the day of 19 , before Me Pe-1111111Y ane JONATHAN DWIGHT STEW4 perswn0y came and MARGARET STERN to me known to be the individual described in and who to me known to be the individual described in and who exavtedthe f oing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they eueetttel sataa executed the same. Notary Public NOTARY PUBLIC tW A.�pTO b qtr York .. t�is.ot rASEEEOts audRWd"Inmaseap t:ahnty y 110111—:gltplrosMitch Its. (q�{ STATE Ol;tlEW YORIL COEN" OF u: STATE Of NEW YORK, COUNTY Of y On the day, of 19 before me On the day of l9 before stie a personally ane personally came ' 3 to me lmown, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument say that he resides at No. wbom f am personally acquainted, who, being' by Ind daily cwortl, did depose and.say that he rrsides,at No that he is the of that he knows .. the corporation described in and which executed the foregoing instrument: that ht to be the indfvldttai. knows the seat of. said corporation; that the seal affixed described in and. Who executed the foregoing. in'sfiument, to said instrument is such corporate seal that it was so that lie said stibscnblng witness, was Precept and �c#}yv3 aHixol by order of the board of directors of said cora_ ezeCH.,te th4 �e and th}t 11e sand yyttp � tion, aad'that hr sngncd h' mime thereto by`7tice odor at the sante timp`subachbed h name st whit�a z M1 fir: i -Poet otA � ,k Q V" *""in aO 0419= Area SECTION f' 1 W11H i.pVf:NANI AG-AiN^51gqGRAN16R'S AC:is '... Oa, 0'3 TnTtEtVO. S-Of'iJ7.{s -- BLOCK k, LOT OU Clbh iTONATHAN DWSGH'� STERN and MARGARET ;ouNTY:6a TOWN Dvry STERN a ;l TAX JiiliLlNG qI DRE -4 r,:�'f TO 7 CHARLOTTE EDENS HANSON ReeadedAt:RpuestdTicsTOGuA01104aCbnPwy aZ RTORI11ybIAlt. TO r{ Abe Siegel, Egg. Siegel, Chalif 5 Winn, P C.S pi,niMad h 21 hast 40th Street New York, New York 1OU16; TiCOR.TITLE GUARANTEE Y BOXES s'rIJRU 9 MUST BE TYPED OR PRINM IN BLACK INK ONLY MONO RECORDING OR FILING. 1 SUFFOLK COUNTY CLERK 2 - , .71 3 RECORDED 11 clIZ�A03'7 � Qiuir A SSP ti 4 43 M1 '93 Nartber d 5�P 21 1943g14'hWl� 4 iNAINf' TRANSFER TAX G t t k of Serial r 8tl� U ij : f' 3 U k T Y CcAifKale r C:�tit1TM' " Dad / Mortgage lemnowes Deed i men pe Tu sum Ituarding I !Khat swap 4r- FEM !'ye F7iaS _. _tel _ ' MatpDe AaN. -..y U. L Bak Tax ' HWANG , :,Z•, L sONYMA t. ��' Sub Taut Natadoo — �. _ spee.►Add VA -M7 (Comity)_ _ Sab Tagil SA-321701sle) M TOT. KM TAX R.R.T.S.A. �J . Dwt Town _—DNA Coady— ^ r H dd for Apporlieaoalt r _ Coosa► of lid. S 09 • • Trull Tax A1Iidwit Maio Tr: Certsid Copy The ply corerd by tbbrfytXp a u or will be improved by s We �r't1n i FAB. Copy _ Total tinily dwel s 4110. YXS ____ or NO OWer '� r� GRAND TOTAL R NO, ate appropriate las chase on pale N --of this iostreoeal. Real Prop dy Tax Service Apwcy Velificatka Tide CMpuy Idomod" Let ♦ ti•Dist Swdw Block 'W w r ` Conipaay Name r u tltie PLsMr `'r In PAID BY: Cash Cheidc �Cbarp Payer sane as R do R OR: it' 9 1 Suffolk County Record' This page forms part of the attached RECORD & RETURN TOUVRM ing & Endorsement Page made by: �► ^�-� (Deed, Mortgage, etc.) The pressim hereiD is sitoeted is _ SUFFOLK COUNTY, NEW YO/ TO to the TOWN of 3. ! „ A Iu the VILLAGE G or HAMLET of j �-- R Frzl SEP 3 E3 WELL EEAS BSN.T S.C. DEPT OF HEALTH SERVICES This Indenture of E.asemett made the 2�_ day of August, 1993, by and between Jonathan Dwight Stearn and Margaret Stern both residing at 9M Birds Eye Road, PO Box 792, GZient, NY 11957 (the Grantor), and Carl 'Thor Hanson and awk tis Edens Hu son bosh rtr"mg at 211 Caltral Park West, NY, IW24 (the Granted); WITN THS WREREAS, it is the intent of the Grantor and the Grantee to create a Water E.asemctt, and Whereas, the Grantor is now the owner of the following property: ALL that cnum plot. piece or panel of land with the buddiags and improvements them erected. situatc lying and betas at Orient, Town of Southold. County of Suffolk and State of New Yod6 beta= orate pudculady bounded and described as follows: BEGINNING AT A POT approximately 480 feet north of the Main Road where the Irro sawtody bonaduy of this paved iawnects the oaAbedy boundary of rads now or WMerly of 6,170 , � ! Mabaffay and dw emmly boundary of Job now or fonnody of Loaw at and running thaw fivu said point of besim"S Noah 4 degrees 12 minutes 00 seconds Eau approximately 322.5 feet to the southerly bounduy of Parcel I beau above described; RUNNINGS THENCE slops acid sowtha dy lips of Parcel I South 85 degrees 48 minutes Sm 3M fem. won at lean, to Lha •©ad Burying Ground' and II'JNNM THENCE. alms acid 'old Burying Ground" and thence aloes properties ,Lv o f War or fwmmorly of loo. Stere Estate the followiag four (4) course and distances: w++1. South 4 daSreea 45 tttiat� 50 seconds Wed 120, MM Of teen 2. South 71 dogma 4S toinutaa Wag 53.32 fax 3. South 34 dogmas 38 tuiaul a Went 48.44 feet p 'L 1 4. South 4 degrees 45 winutra 50 swoods went 132.02 fleet to the damseld tench now or foroaeriy of Mxh dfs-; RUNNING THENCII Nerth 83 dogma S9 taiautes 40 wcxtodtt Want 239.22 feet, wan or lea. to the POINT OF BEGINNING. +' ALL that certain plot, piece or pucel of hood with the buiWinp and improvements thereean ermled, situate, lying and being at Orient, Town of Soud DW. County of Suffolk and States of Now York, being mom partieuiarly bounds) and dsccribed as follows: BEGINNING at a point where the so:3t boundary of lands of Chismbie And the .My most northerly bouadsry of this parcol I Wetueea the eamdy lice of a certain right of way be- ing Appro:immely 30 feet in width (hrreioafter referred to as 'Birds Eye Rad), asid point being the f Jawing two (2) courKek and distances (as meamwO along tbs eastarly line of Birds Eye Road) oonherly from the Wmection of the noAkAy line of s certain 25 foot right of wry sad the eassedy line of Birds Eye Road: _s (1) North 04 degrees 12 minutes 00 seconds East, 488.54 fact; (2) North Ss de8rom 00 minutes 00 seconds East, 21.3.60 foes so the TRUE POINT OF BEGINNING. and 6om skid true point of beginning RUNNING THENCE along said keds ofSouth 86 degraat 00 mWWO 00 secaads East. 150.0 feet to lands now or fofterl of bow; RUNNING THENCE kloog said lands now or formuly of Dow the following four (4), courses sed dimancw- (1) Soutb 07 dograes.46 mrrWfCi 30 mdeda East. 3S.0 feet; ; x (2) South 19 dgpm 54 minaw30 socoeds Wed, 12052 feet; (3) North 81 degmas 10 mWom 00 nwv* Essi. 51.29 feat; (4) Saudi 04 degrm 45 mi ss*�i 50 t odmia "West, 128.0 64 b 'Old Burying Growtd'; Nodi, 8S degree 48 minutes 00 rds Sae Road; is rryce;Raw-she following"two ! 2 Q '' &.A y L A ,ng� �) NOV%b SS &SfM 00 minuses 00 seconds F=, 213.60 feet, the paint Of PWA of UP -- GINNING. Being and WWM%4 to be put of do =nc pfgW= taveyW to y deed 42W It IMM roOMW is the Stt"k CMW Clerlt's 00= in Libel 10476 pip 429. CM Hum Loc) WHEREAS, the Stern Lot is Down on a certain hbp of Proposed Set -Off preps by Roderick Van TuyL P.C. on Feoruary 19, 1993, a copy of which is aMMAd hereto as SCHEDULE "A'; and WHF-RE.A►S, the u Mey indicates *own a crosshatched ares (the "Well Easemeu P►n+W); and WLMS, a well is presently located on the Stern Lot as shown on the survey (the "Wehl Locations) which is presently used by the Grantee as a source of water supply to the Grantees premises; ;.nd WHEREAS, the purpose of this Yndenaare of Eaw jot is for the Cantor to grant to the Grantee the privilege and right to draw water from the Well con- rucW in the Well Location. and to lay, install, repair and maintain the well and water lines located the d ellittg in the Well Easement area in order to supply the water from said Weil to w owned by the Grantee on the premises herein agave described as the Hactson Lot; NOW, TjMffOM in order to effectuate the port of this Indenture yn < J of Easement, r, 1) the Grantor h"y, gram's to the Gmatee an Emnent for tate Fw �gi in, tle Wen L,ocatim and en01;, purpose of s cawing water from the Well located sl -., r 2" 'r 1 i' Easement over the Weil .Easement Area located in the Stem Lot for the purpose of layin& Wig, repairing and maintaining the well and water liras located them 2) the aforementioned Easements are granted upon the following tams and conditions: tr. 'ibas port of 06M==ftUsti =Psir of OW will alms ba baa solely by dna Gr mkw, Grantee's heirs, succMW or assigns. b. In the event that the Grantee, Grantea's heirs, successor or assigns shall elect to install a new well on the Hanson Lot, herein above described, this easement shall autoratatzpllY WmIliaate and cease to exist Upon the occurrence of the nes+ well being put into WXvice and the approval of said new well by the Suffolk County fitment of Health or such of regulatory agency, if any, as steal! have jurisdiction and/or control over the supply of domestic water to private Msidenm within the State of New York, County of Suffodk and Town of Southold. tiE C' Nothing contai'W herein shadd obligate. Grantee, Grantee's heirs, gxcca. 4 $e sora or assigns to drill a new wr.ld on said Hanson L.ot, u d. Grantor and Grantee agme to kap the %VeU �sepitxtt Area ode �. and aVW not to obstruct the Wen Eascmmt Ares Wttdl3 plantWgs or strucdlres. it'd Y +w e. i w FA=nmt granted hmn shall tali with the p=iw and Lud$ scribed herein and shall be binding upoa and inure tb the benefit of s� Grantor, the Grantee, their heirs, assigns, successors, executors and Mors fomevcr. IN WTrN ESS Wiii~E MP, the Grantor and Grantee have duly m=um this Easement the day and year fust above written. DWlght StCri State ofNew York } ss. County of Suffolk } Can *q day of..5cp 1 fC-, 1993, before me personally came Jonathan Dwight Stern. to nae known to be the inemidual ductibed in "who executed the foregoing instrument, and aeknowledgwl the he a=ted same. 5 State of New Yov L } } sa. County of Suffolk } On thea -day of M._ ,W-. 1993, before me pexsottaUy came Marta= Stern, to me known to be the ind'rniduak des'bed in and who ewecuted the foregoing instruamt, and aadcaaowtedged the sbe executed sanm w IL lv L N Y �41066IMW Smsme ofNew York ) county of }::. on the jL day of 4v x'1993, before me personalty carne Carl Thou Hanson, to me known to betore it"" descrt-ed is and who executed the foregoing humment, Md admawrledged the he exermted same. aaomasara.eosaUOM Meaw� iat Srwa �rauaw. tg.a �, aro► eau aa.w► ems•. ���� State of New Yobs } txW WK} ss. County of } On the . .. day of , 19930 before nate persoruaity caat►e Charlotte F.der►s mon, w true known tdU the h divmhW described in and who camuted the foregoing iaswnmes, and ged tbg3, c executed same. 3- otaty C r+NhANI ON t%WImWWvW%cW-Wy ' 6 - --- MA*ff AdjL i� - "' ��� ^ ••^'' � d d.et.t � boo's I°• •. �. saF+owc caur►,► rAs pRaci�ioeo-rr-s•R:�,ej � + taer t o+ A++se✓sa �rrNo1� sulorvrdte�vl1'I�•' �� , Cxlax:xrr \ TV; , 1 K -A LIN rarA$4 AeVAN CZrj JL4393 As.IpT. . ,wear...•. ...wws••w .•. +w rwlr•�.••rr•. ts••r••n •: afAr+rs lit, Ifty „ Rev/'R)c'K YAM rb✓i, .. C. .a. -y.... 7 -...tet` ....._.._ . �a«rara tAav vst✓rrrware asarw+esr, Id. Y. irF. 1 b rl.x.3S AA.��: si'rr- • Ove dM r w ' 'o+�t+c arr. _ •• J_ As /. at* ` r � eco � \ 1rp t � Ei1s✓ja1/ai x gapw+v 1 ` ro dr itiT AAI ;k 1 ' ,•0 � 1ldyl'wr. �;' _ss. ss Ar IL— � .1fAMAt Q If M1ro rN Como rarA$4 AeVAN CZrj JL4393 As.IpT. . ,wear...•. ...wws••w .•. +w rwlr•�.••rr•. ts••r••n •: afAr+rs lit, Ifty „ Rev/'R)c'K YAM rb✓i, .. C. .a. -y.... 7 -...tet` ....._.._ . �a«rara tAav vst✓rrrware asarw+esr, Id. Y. irF. u ULE g Q02a of lNoRMAc>FElUENQR DECLARANT; JONATHAN DWIGHT STERN AND MARGARET STERN H.D. REF. NO, OR NAME OF SUBDIVISION: 93-089 In the Mater of the Application of Jonathan Dwight Stern and Margaret Stern, the undersigned, 414 ;a holder of a mortgage or lien on premises described in Schedule "A" annoxed hereto, hereby con the annexed Well Ewment on said premises. HAMILTON FEDERAL SAVINGS AND 'rYG LOAN ASSOCIATION ,BY: CHM6 I. Zo1 r, Jr., ce Pmident STATE OF NEW YORI ) SS: COUNTY OF ICINGS) On this 1441 day of SapWnber, 1993, before me personally came Clifford J. Zoller, Jr., w me known, who being by me duly sworn , did depose and say that he resides at 9201 4th Avenue, Brooklyn, New York, 11209; that he is the Vice Presidertt of Hamilton Rcdrrai Savings and Loan Association, the corporation described in W which executed the foregoing instrmment; that he the WW of said corporation; that the seal a►Mxed to said instrument is such corporate scat; fiat it affixed by order of the Hoard of DiroMrs of Wd onrporatiorn, and that he signed his nacre dw4 a like ordm . . Fidelity National Title 6N""CP COMYAW oFAtffy0W TITLE N0. 5-2008406 FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK hereby certifies to THE COUNTY OF SUFFOLK that it has searched the records in the Suffolk County Clerk's Office for a period of 20 years last past for the purpose of determining parties who must consent to the filing of Covenants and Restrictions affecting the premises described in Scheudle A aurexed hereto. Based on said records, the Company has determined that the only parties who must consent to said filing would be as follows: 1. Jonathan Dwight Stern 2. Margaret Stern, his wife 3. Hamilton Federal savings and Loan Association ..n- . 1 and 2: fee owners of record J!. by deed dated 11/4/87, recorded 11/23/87 in Liber 10476 cp. 429;. 7., 3: holder of mortgage made by fir Jonathan Dwight Stern to Aster Funding Corp. darted 1/3/96, 2/10/86 in Liber 11382 up 341 the sum of ;250,000.00; assigned to Alliance Puruiliag Company by assigtsmant res or+1 ` 2/10/86 in Liber 11382 further assigned to Masine Bank, N.A. by assignment r+seio�+ h rr^ 9/24/86 in Liber 12013 further assigned to Aamiit4a_�t Ssv. 4 Loan Assoc. by assi100a recorded 3/14/88 in Liber 13 ; ap310,AND Bolder of mortgage made by Jonatlxan Dwight Stern 4 14a>t� Stern to Hamilton Ted. Saw 1i 11 " Assoc. recorded 3/14/88 1.2 Liber 13903 up 294 iq the s*i. $151,922.00 (Consolidated Liber 11382 mp 343 as sssig±wlp Liber 11362 up 350, Liber 506 4 Liber 13,903 ap 310), Holder of mortgage made by },; Stern 4 Margaret Stern to f FEd. Say. 4 Ln. Assoc. roeo i 9/9/88 in Liber 14443 up 149 `gym y, the sum of $100,000.00. THE LIABILITY OF THE C1BWM M, ER THIS SEARCH 1S LMTM To $15,000-00 FOR ANT S llf. r continued ...•- 1149 Old CounIq Road. Building D • iliverf►ead. New Yotk 11901 • (516) 727-0600 •FAX: (515) 727-0606 Fidelity National Title UgM;AAMW C*?&AW OFNSW YORK Page -2- District: 1000 Section: 017.00 Block: 02.00 Lot: 001.003 Taxe search to follow Schedule A, (description) herewith. Dated: August 1$, 1993 ky}� FIDELITY NATIONAL TITLE INSURANCE OF NEW YRK;ANY a K Ca ey Title Officer rr 1. } � I i •" a..rr i5 '`-�ir �y 1149 Did Country Road, Building D • Riverhead, New York 11901 • (516) 727-0600 • FAX (516) 727-0606 �,� ; e ort prepared for FIDELITY NATIONAL TITLE Ti# No. S2006406 F p P P The unpaid taxes, water rates, assessments and other matters slating to taxes which are hens at the date of this certificate are set forth below. Der policy does not Insure against such items which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of streets on which the premises to be in- sured abut. if the tax lots above mentioned cover more or less than the premises unser ex- amination, this fact will be noted herein. in such cases. the interested parties should take the necessary steps to make the tax map conform to the description to be insured. Disposition: 1000-017,00-02.00-001.003 BIRDS EYE ROAD TOWN OF SOUTHOLD ORIENT (NOT INC) SCHOOL DISTRICT 2 ASSESSED TO: STERN, JONATHON DWIGHT & MARGARET N X SOUND i ORS E X BROOKS & ORS S X PVT RD & AND W X MAHAFFEY i ORS 6.32 ACRES ASSESSED VALUE 7000/18x900 NON-EXEMPT 1992/93 TOWN AND SCHOOL TAXES—TOTAL06,622.41 OiI10 1ST HALF $4,311.21 PAID 5/27/93 DUE/93 : 05/31 2ND HALF $4,311.20 PAID PRIOR TOWN AND SCHOOL TAXES PAID. *WATER AND SEWER CHARGES, IF ANY NOT SEARCHED. RUN DATE: SUBJECT TO CONTI> ATIOW It ftecent varywnts of -V 040n Melt'rowtwd on tint um seveh MAY not Vol tw reflected Oh On PWAK 19mc i. Therrfare Pkew req�xs► the 50AW or bi woww ro haus ►he recow" bft 2varffik rbo tfaerrp SUHRME RESEARCH cow. b� Fidelity14tional Title insurance Company Of Ne0ork , a: 11645NO3'7 POLICY 1101 0-2009405 sCBESIILE "A" Amended 6/12/93 ALL that certain plot, piece or parcel of land, situate, lying and being at Terry's point near Orient, annd described as SoSouthold, County of Suffolk and State of New York, bounded BEGINNING at the southwesterly sorner of the premises herain lineeotrMain�Roaddi corner being the following two courses from the northerly TiiENCE 7.60 1) North 4 degrees 59minutes40tog 1seeondo east 30-020 seconds east feet t foot; the point or 2) south 83 g thence along other Land of beginning; from said point of beginning, running stern two courses: condo east 5 fast; THENCE 1) North 4 degC996 12 Minutes 000 seconds east 88 213o600ffast to Land of 2) North 58 degrees 00 minutessouth 86 degrees 00 minutes Chierchis; THENCE along said land of Chierchie, 00 seconds east 150.0 foot to land of Dowi THENCE along said land of Dow, four courses: seconds east 35.0 fast; THENCE THENCE 1) south 7 degrees 46 minutes u 20-S2 feetj '9 degrees 151.29 feet; THENCE 2) South re s 10 minutes 00 seconds east 3) North a, deg west 128.0 feet to an old cemetery! 5 4) South 4 degrees 45 minutes two courses'.ds THENCE along said cemetery et; THENCE 37 minutes 00 seconds west 50.0 fe land of Joseph 1) :north 89 degrees 159 feet 4aminutes 2) south 4 degrees nd o50Joeea Sternndstthree0courseso THENCE along said CE 53.32 !esti THENNCZ Stern; 1) South 71 degrees 45 minutes 00 seconds west 00 Seconds est •to 38 minut seconds vest 144.52 feet the centerEline 2 ) south 34 degrees es 4 degrees 45 minutes 50th 93 degrees 59 nor 3) South of a 25 foot right of way; along said centooint oar place Beginning. to the p minutes 40 seconds west 219.10 fiat Containing 3.925 acres. 4 J##v 1� A 1� y j _ `ss For conveyancing only, if Latondod to be Cweysd. nv Together with all rights, title and intterest of, in and to any streets and scads abutting the above describes! prsmisos, to the canter line thereof• # f Y kl i pro +�S �Y 16) 727 -FAX (S 16} 727-0061149 Old Country Road, Riverhead, Now York 11901 • (5 i BOXES 5 j'HRU 4 MUST PED OR PRINTED IN BLACK INK ONLY MOO RECORDING OR FILING. .a I I SUFFOLK COUNTY CLERK Z uta Sri' l 4 Number of � � 43 r:� `ga J. oP�lr�E sUF Serial r c'. ► � � � �r r CcrliTicate N Dad I Mortgage lnstromeat Dad t Mori" Tax Stamp Recanting I [riling Staaps 4 '3 Page J Filing Fee -�" L Basic Tax H 2. SONYMA ____ l'• NolNiatr �, Sub Total f?A-5217 (Comity) Sub Total .e ~ 9.5pecJAdd. TOT. MTG. TAX EA -5217 (State) •�--- w R.T.T.SA �L.� Dunt Town ,Dual Carty ortiorot Held forAppft z Coma of F.d. _S_._00_ �+ • Tramder Tax A�wlar>f' Mansion Tax Certified can Z�(Q The property covered by this morigags is or wilt he improved by a ant or t" Reg. Copy Sub Total VJ.� family dwelling only. YFS _ or NO _ Oftr ✓ !' i ', ! GRAND TOTAL '' B NO, nee appropriate tax cianne on i page #-- of this initrumeeL 5 Regi Property Tax Service Agency Veriricatwo Tide Company Informatim Dist Ballon Elm `•• 1 [ tv, Cor Company Name r „ FU PAID BY:,./D J Cash Check Charge OR: /Ijt Payer same as R & R � RECORD & RETURN TO Suffolk County recording & Endorsement Page This page fomes part of the attached +- 14 /� made by; (Deed, Mortgage, etc.) a �pvJ& The premises herein is situated in SUFFOLK COUNTY, NEW YOIt/K� In the TOWN of Am. . d� In the VILLAGE �w G� or HAMLET of %�'t PRIVATE WELL COVENAN'T'S DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by JONATHAN DWIGHT STERN and MARGARET S'T'ERN, this lop4-- day of n `�Ns� , 1993, residing at 900 Birdseye Road, Orient, New York, 11957, hereinafter referred to as the DECLARANT, as the owner of premises descn1W in Schedule "A" annexed herewto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be "' f conveyed subject to the following covenants and restrictions: w 1. WHEREAS, DECLARANT has made application to the Suffolk County Department of 'x Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and / Z. WHEREAS, the PREMISES are to be served by an individual on-site private weU; aid J WHEREAS, the test wells sampled for the PREMISES indicated that test results were water standards and/or guidelines of the State of New within the minimum drinking gui York and results are attached hereto as Schedule C. Each chemical parameter with t exceeds 60% of the acceptable level is indicated with an asterisk; and y WHEREAS, it has been detetTrtined that water quality of private wells is subject to f. -f a ; Xchange; andCC y $� V) A_. _• � WHEREAS approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water standards; and WHEREAS the DEPARTMENT recommends periodic comprehensive water analysis of I monitor the water quality to prevent the unknowing consumption of `' such well in order to q ty a. 5. i E -I contaminated water, the DF,CLARANT, its successors, heirs, or assigns agrees that if said water analysis should indicate water contamination in excess of the m9mimum drinking water standards and/or guidefim of the State of New York, DEC:LARAM, its succemm, heirs, or assigns may be inquired to► A. Conrnet to public water, or B. install necessaTJ water conditioning e, .:pment so as to meet the minimum drinking water standards and/or guidelines of the State of New York. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants andlor lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors andlor amigos to so condition the leases shall not invalidate their automatic subjugation to the covcWft and restrictions. All of the covenants and restrictions contained herein shall be construed to be in addition to and no in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of tliis agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended or promulgated. This document is made subject to the provisions of au laws required by law or b Y their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The afmmentiotiedd Restrictive Covenants shall be enforceable by the County of SuffOk State of New York, by inductive, failure of said agencies or the County of Suffolk 0 enforce theme shall Hoot be deemed to affect the validity of this covenant nor to impale any liability whatsoe♦►er upon the County of Suffolk or any officer or employee thereof. 7. These covenants and rednctms shall run with the land and shah be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. g The declarations set forth in the WHEREAS clauses contained herein shall be deemed and eonstauod to be, promises, covattutts, and restrictions as if fully repeated a>ad ut l_ forth herein. clause, phrase or provision of these covenants and 9. If any section, subsection, pm'a8 t t ttrisdictian, by adjudged illegal, U'dawful, `l restrictions shall, by a Court of comps j invalid, or held to be uneonstitutronad, the same shall not affect the validity of these ed to be it unlawful, invalid, or unconstitutional. 1 covenants as a whole, adjudged �+ ' to. Local Law #32-1980 - The DECLARANT represents and warrants the he has not offered or glYeri any gratuity t0 any official, employee, or agent of Suffolk County, New York the purpose or intent of securing favorable treatment State, or of any political party, with with respect to the performance of any agreement, and that such person has read sand is familiar with the provisions of Local Law #32-1980, 'u ADWIGHT STERN n i�EffG� SfERAI �_ ..5 i STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On tie 36"- day of August, 1993. before me personally came JONATHAN DWIGHT STERN and t 4ARf"iARET STERN, to me lrnowa to be individuals described in and who e f instn 3 hent and aclawwledged that they executed same. Ism aliq �- e SCHEDULE "A" DESCRIPTIVN OF PROPERTY DECLARANT: Jonathan Dwight Stern and Margaret Stern H.D. Ref. No. or Name of Subdivisions #93-089 Beginning at the southwesterly corner of the premises herein k describes, said corner being the following two courses from the northerly line of (Main Road: 1) N.4027110"E.-497.60 feet; thence 2) S.83059140"E.-30.02 feet to the point of beginning; from said tik point of beginning, running thence along other land of Stern two courses: 1) N.4012100"E.-501.05 feet; thence tL 2) N.58900100"E.-213.60 feet to land of Chierchie; thence along ; said land of Chierchie, S.86000100"E.-150.0 feet to land of Dow; thence along.said land of Dow, four courses: 1) 5.746' 30"E.-35.0 feet; thence F 2) S.19054130"W.-120.52 feet; thence 3) N.81010100"E.-51.29 feet; thence l 4) S.4045150"W.-128.0 feet to an old cemetery; thence along said'! cemetery two courses: 1.) N,89031100"W.-50.0 feet; thence 2) S.4045150"W.-158.0 feet to land of Joseph Stern; thence along ' said land of Joseph Stern, three courses: 1) S.71045'00"W.-53.32 feet; thence r 2) S.34°38100"W.-48.44 feet; thence' 3) S.4645'.50"W.-144.52 feet to the center line of a 25 -foot right of way; thence along said center line, N.83°59'40"W.- 219.10 feet to the point of beginning. Containing 3.925 acres. )" �z z I i SCHEDULE B CONSENT OF MORTGAG*LIENOR I DECLARANT: JONATHAN D1 IGHT STERN AND UARGARE"T STERN I H.D. REF. NO. OR NAME OF SUBDIVISION 04309 1n the ms tract of the mWication of Jonathan I)w�t Stern and Margaret Stem. rihe undersigned, as holder of a Mo!" of lien on p ems desefibed in el and restrictio Schedule s oft said annexed butto, hereby consents to the annexed ice- j HAMIL'�'ON FBAp►l. SAVINGS AND r LOAN OCIATi BY: — STATE OF NEW YORK) � �aL d SS: COUNTY OF Sj�) On dds r day of , 1493. �efom me personally came -� � , to the %nown, who being by me dal $wop►, �d raysEsics at Y 6 f2 e that (s)he is the ��,~cx_ v',u a �t(r..� of Ilton Fed rnl i Ings and Loan Associgtt, the corporation bed in and whish � ted the foregoing instrument; that (s)he knows the seal of coda ; that ttie seal affi�ced w said A frame+►t d such a ad; drat it was 4 aftlxed by Wei of the Board of Directors of aid ampmration, and that he Signed hit name dordo by be order. Notary Public i + I JON ,7 LAB No. _ SUFFOLK COUNTY Date Received in LAB. �....._ RELD Nu. DEPARTMENT OF HEALTH SERVICES PUBLIC WATER DATE: 6 — r 7 -13 PfVVATE WATER � TIME. _ AM PUBLIC HEALTH LABORATORY SHELLFISH WATER CDL BY: stiffAl"r=9k BEACH ......._..._.... NUAL NOT %R%LS SEWAGE .....�.......-- SURFACE WATER OTHER _.. Rogaine *-�- Re. Sampie....-. BACTERIOLOGICAL EXAMINATION OF WATER NAME �dN�iNJSYS,go OWNER w DISTRICT LOCATION 9 o a 8 � % os r �� � a. a R.1 -N17- WATER SUPPLY SAMPLE DATA SHELLFISH SAMPLE DATA PdNT OF COLLECTOW. �� • • r S i�IY TAP FLAMED; YES NO PH Ch4nM1 Resduat T�RpMJallffl 0 ar roo s t ;?JELL 4 SWTAW SURVEY Ssubcwy7 un—tomy'? tEf -q BEACH or STREAM SAMPLE DATA SEWAGE PLANT SAMPLE DATA Itired Caaaoaon ft" W4 bararrr 6KNWWA60 eft"ww" peridFbslMQq fOWAFKS: LAB USE ONLY STANDAW PLATE COUNTiml (48 HRS. 3M MOST PROBABLE NUTASF 100 nd Toni Comorns: erne Feta CoWornm: WEATWA firth{ FAIR owUDY RAMI V$~ P*w. 24 W& Fs cim" Ran cwPA a! {yap► aH Poode CANown ' Whore swoop baedsl Hobo to rice MBMPM;E FILTER ToW CoilaamJt00ni . S' s �' F- Coi (nnquta)orii Fecal SHsoWIMd i. Tana. ABSENT GoFitorrrVtax«+a Ir ccHrvIoo�t ABSENT jaw raw: r� Co. Ely (name not m tk*) DSW in Lob ptaIc vfr Pr*aw Wafer cxw Date COr~ Examined By -W SUFFOLK COUNTY DEPARTMENT OF HEWN SERVICES PUBLIC HEALTH LABORATORY CHE3ACAL MMINATION OF WATER c�(A -gyp b -4-rre?qS ) Resents Reporter as M crograms Per Liter Metals Only O i.111010oo� mm0 �e�mu�o��m N17?��11111lC 1111 Tl Flol�I1.!!'�1111110 II�Q1��111111■1111 1111 ll�� �111111��111 111 11 111 1!',GRSa esa�n� n Ili•�G 11lr,�l■ n1 II�%p�m�11N11 111� 11� H� 11111■�I�1111 A. Director w is -no m e _abtt : 69337$ .eld No. ,P) Date Time Cot. ByVl4RYL�' 1711 Recd in Lab Public Water Private Water 6,01, ._ Other z / Date Completed w SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF MEDICAL LEGAL INVESTIGATIONS i FORENSIC SCIENCES PUBLIC HEALTH LABORATORY I lPESTICIDE ANALYSIS OF WATER (3) Last Name (2) Fast Oyu A TO 14) Street No. 200 � 19i Street _ � SAS C � A �...�..�. (8) Commur� , L 6N7, / Sampling Pant - _- L 01 Pub _Ncom 'Par 1 (14) District l © O I 15 Distance to Farm It: 1 1131 Section % (30) Map Cm es _ / / I (16) Block ('311 well Depth R / (17) Lot .—. (57) Rftwrple? Yes Key R Na / Remarles Last Result COMPOLIND PPB 1 PPS / (mo) Bayj on ...................... .. C (551) Melhiocarb........................ = i (223) Ald;mb.................................. I (4251 AldicarbSu*wide....................... z / (4261 Aklicart: Sul. ....................... / (224) Carbof............................... 1 (427) 3•Hydroxycarbohu ................... / (4281Oxamyl.................................. / (429) Carbaryl ................................. < / (554) 1 -Naphthol .............................. 1 (430) Methomyl................................ t _ 1 PPS / (mo) Bayj on ...................... .. C (551) Melhiocarb........................ = i (51►Da:s-�7-9 TBae .T7rg •. 7 Kee - d is Lab --- P-Mie Water Pr:.raca tracer •! Daws rem let -k I smou Coum DEvxaL=T or ==x 3tRvYCSS D, IZSZCM Cr MICAS, LZ"L INVICS-ZZGX21003 c rCR5L1RC SC''-rJ= 10=C "ALU LASORa'i'ORT exSTZC=z ANALMS or t4►:SA I1) wei:f s- Station# (3) Lay; `!arae ��] 1 E R (2) iizst 3xg"14Tl��+1`% -- (4) St_asti 9 0�7._, (9) Street ,.�.� Q OS E29: : ---- :'aili :g Ac:Cr_es (54) Sa=le Tao __.. baa Treated TAx pARCEL bMMr.R io -X-K—; t Hath 07 District ,_ 0o _ Tank Othez Section _ - - (20) Comm Mcom _KPriv Block _ a -- •._,..-_Suzf Test :cell. Let Carbamate sample also? .9 -Yu =2= = D '-%ME'i--f"-r�:! --V ACI .dPOTV--Rw-PHTNALAIr. Gab No. ;0- X 3,3,2" Ree' d at Lab Field so. �� VUDILC Macce Date 9 3 Trieste Well r Other cui Sy %- Zr Cx". By ._.r -y4,..r...,. `.IJ.c Surrmx Cir a"AAn=( or m►s.:a Srav=3 post= W-&"-* LYS O"Tc y D: r_t_aar or =20at Lcas IWUTZ=10a3 c rolU!=C 34== VA= OOG&*.:C ax:,.•.YSS3 Or WX--= Mrs Weill e- 3a.eple Raw T.zateC ma" zom4TNi+IIi T�� rap: Veu__.- TaNc....., No. t Street 9 CQ setr_. OT� village Other t4umbcz of 34W1e vials submitted Q_•s .--., �,.,..nr ada, era � �'"d ewe -306 vinyl chloride ....... � 250 benzene .................... 305 methylene Chloride ... 251 toluene ... .............. 323 1.1 dicsloroethane ... 251 ehloznbenzene _.,.� 309 trans 1.2 dichl'ethene•-^�-� 259 ethylbeatsene ............... 300 cblarafom ........... 254 o -xylene ................... 324 1,2 dic loroethane ... 252 a -xylene ................... 321 1,1.1 tzichloroetbaae 253 p-xtLeae ................... �_... 304 carbon tetracb_Loride 255 total zylsae ............... ._ �.... 284 1 brow 2 Chloroethane 266 2-chlorotoluene (o) ........ ...,y 405 1.2 d ch.loropropane .. 267 archloratoluene ............ 310 trichloroethene .... 261 4-chlorotolueae (P) ••••• .•---- 303 chlorodibromcrrethane . 265 total chlorotoluene ......:. .�,.. 293 1,2 dibroeooaethane .... ro.n8 419 1,3,5 tsiasthylbensene ..... 420 2 bromic I Chlaropropan 418 1,2,4 tzimthylbenzene ..... 301 bramo:ara ............ 415 a.p-dichLorobanzene ........ - ,311 tetracaloroethene412 1.2 diehlorobeazeM (o) .... 306 cis 1.2 diehloroetheae 432 p-d3etbylbenxene ........... 320 Freon 11.3 ............ 435 1.2,4,•5 tetraYnth>r3ben:toe . 292 dibromomethane ....... 437 1,2.4 tciehlowobenzene ..... 307 1,1 dichloroethene ... 438 1,2,3.trirhlocobeazeaa ..... 302 bromod?chlorooethane 406 2.3 dichlorapropene .. 407 cis dichloropropene 406 tcane dichloropropeae 322 1.1,2 trichloroethane 409 1112 tec_achla'ethane 293 s-_etrachloroethane .. 433 1.2.3 tsirhloropropane 450 2.2 d:cnIo-opropane 451 :.3 C:_`:i:oroa_oaare 600 ethenylbenzene (styrene) ... �w 6o1 1 nethylethylbenzeoe(cumeae) 602 a-psapylbenze#ae ............ 603 cart'-botylben ease .......... 604 nee'-butf*benx�ne ....... 605 iaopropyltolutne?-cymieae4 606 a-butyltisnrene ........... 607 hexachlorobutidiene . 6014 1,2 dibromo 3tchloropropane t 0•4U •*, methyl-tertiaty-butyl-ether m-lq ins enh arpnic compound fir^ is (0-51i2b excE.)i i `3 0 d .. nets C::.tists, >• - -�^" . • ^.,lL':�..::+•.:YS L 1'Ct.�.e• �..+ . ter. Vie,,..•-•+� w2C..~�3 CY r (:� :Ire:: � •'.. eie_ L o S 4,4 OC! : .............. . ... 4,4 200 .............. ] - •—.�a.�' Meta SEC............. Deva ��r 101 ..............•• .. _ !:& 7,4-43 . ' �•�y C: ............... B{R'}GiG:L:p.. Com^ ....... ......•..�.r ............... t3 iss • � Ar ............. • is , w , y. F y A >L� -hr ; F L y "" `a ak Y E ,. r r it r Z t a EUWrRIC Z."F.WW day of�i�/ CJ TMS INDETiTiIItE,made s 19 "3, between 3^%-V%-AraS (YiZ ';ain road (trio M) Orient, New `fork the grantor, and organized and UDNG ISLAND LIGHTING COMPANY, a co ofrtheaSt to Oftion YNow York, having its P iaei- under and by virtue of therantee, pal office at 250 old Country Road, Xineola, New York, the Q �``��� WITNESSETH, that the grof one antor► in consideration of the u d value�ble U ($1.00) Dollar lawful money of the United Statearant andreleaseunto the a consideration paid by the grantee, .does hereby g rights Of-V&Y b grantee, its successors and assignp, forever, aporrtioonsaseVents o dthelland of the # over, under., across, through and along cxtain-PO *y grantor shown on map of said land entitled "1 gp n£ property Swxveryed For k 3 -1 oduert & Joanne Devoe" r; and being in urient Dist.- 1006 lying , County of Suffolk , state o! t Sect.- O174bD Town of Soutijold x1tlt i Block_- a 200;, New York, aadxlicY�rd�xt�:moi=f•at�tfd3sxkA, copy ot said NaP, f a �ixxxx%M1xxap�$ ; Lot. - . tt t s. f as on which are now shown the location and width of the said easements rights-of-way herein granted, is attached hereto and ode a "Exhibit A". } said easements and rights -of -sway herein granted include the fol ia+ ing rights and privileges: rate. "Pair. FIRST: To construct, reconstruct, relocate, ogles including, sa z f 3:e linea O� poles maintain and, at its pleasure, remove sing anchaxa;, cables, wires, !x - u s many poles and such cross -arms, 9 Y + stubs, tures, transformers and other apparatus. , andt cOnstruct,d poles as iregc onstruatr.Y now and from time to time deem necegs++rYat its ple*&UVe, remove under ` relocate, operate, repair, maintain and, holes sad electric conduit systemsaec�a , together with the necessary roan d from time to time deem necessary# sories as said grantee maY now an SBCONDI To attach to or the electric distribution ovidinggselectric to be erected thereon other wires for the purpose service to consumers upon property adj�icent to said ieaseetents and rigtt#mT way. anytrees along said lir+Ms° THIRD: To trim from time to time at,lesst forty-eighi lei that the lines and wires thereon may be clear by inches on either sido. permit the attachment of wires and facilities O!, FOURTH: To Pe to ! such Other eot�" sea public utility companies or others and to convoy interest in the easements and rightsrot-waY herein ranted• a! i FIFTH: mit such access from the St Lett o rthhe To pere e the grantor's property as is necessary lot the'.enj and rights-of-way herein granted. i 17267 -2µa -5'4-3,o I ;OAS -- -} ...A.r ,., tt.M1 t•1 .3.1. I••r ; Mawr UM7r..� ...r �. .... r„ ♦ 0. ,q .+.iib•. J... a .... Y` w� n�n� tiCi•#r . f. ti•w r 1 s ' � tSZ1�ypC i • at.'� t r. •. i• 43� "•.. tK l f.; Wall ' .r ..'a tf.• .�' 7f.•.ti aM .YI. 0.4'K ..t . ?AVII AN -1 flu bolt t to NG..V L ♦ I ...'sem KT.• rv�r,t`•.s.•�.e ' .... rs j i Y r � rIm • ' •gad � f -*4r `� ',ua;r�r'c�oo, �1� �ss,..�,►,ca, ark ��,,, •#�,yt� -vtc#^3 a4j4 Meer. = o yitiMN+uf'M�i� #r �, i . 4 �'��-orf ._ .�✓�:1�,�.�„�..,.�.. � . [f. 7 • t s t '7%e "7 -Ar LL NVA -XWZt3VCZ, SC? Maw f tl ,.7 n i • ' •gad � f -*4r `� ',ua;r�r'c�oo, �1� �ss,..�,►,ca, ark ��,,, •#�,yt� -vtc#^3 a4j4 Meer. = o yitiMN+uf'M�i� #r �, i . 4 �'��-orf ._ .�✓�:1�,�.�„�..,.�.. � . [f. i 7 • t s t roLA • sF+A NA i �t Ja" r ifC..i+}i N F i/f cTnc zAsZNW The poles, cross-arra, guys, anchor®, cables, conduits, manholes, vaults, vents and other al+paratvs as fVW time to time installed, con- ntee shall at all ti struc:ed and maintained by the qxA be and zaieain the property of the grantee, its successors and assigns. The grantor convenants that it it sailed of the said land and, for itself, its successors and assigns, forever warrants its title thereto 1 anti rill defend the easements and rigbta-0 -ti7ay herein granted' ZdteVeV, against all lawful claims and demands. } The easements and rights-of-say herein granted are exclusive and shall be binding upon and inure to the benefit of the successors and sssignr of the respective parties hexeto. A. IN WITWKSS wmr.Rtoi', the grantor has dully executed this dead tho day and year first above written. k. � J, . i i I i Iii y, J Ira r t't- JJ .�XXX �2 I; ]Z i' fi I' I 1! � e . i qy to F rR aJ i u'aA',;h t I fr r -2". F C•l420-2 Q 4 S3 IV3N IL I 1G n U '41 . va.baN � }' R t l' )11ro rte. S�[ -Mepa, a-•1 Lk D,J. ♦nD C manta ,(aiqu l.tan,wr 1 An,-IMi•dual w l.u. yinaiiun :un�k drctti eollsgiT Toga uatrM meson 90010 T1413 tMISTRUMINT •THIS INSTagMINT SHOULD 1e uses sy LA5{WTMI ONLY iHISIIVOENlVRE movie the '3W 4* day of November nineteen hunArOd�e:i'ghty-seven BETWEEN JONATHAN DWIGHT STERN, Main Road OrAent, Orient, New York ai REIE :. party of the first part, and JONATHAN D4lIGVSTERN and MARGARET STERN, 7e SOY 23 toll Main Road orient, Orient, Nea York gRT{ ` "' 1R 14 !. 1t . party of the second part, WITNESSETH, that the party of the first part, in cittssidcration of ten dollars and other valuable consid, ration paid by the party of the second part, does hereby grant and release unto the party of the :•tcond part, the heirs or successors and assigns of the party of the second part forever, ALL that ;ertair plot, piece or parcel of land, with the buildings and improv'cments thereon erceted, situate lying and being *ft at Terry's Point •ear Orient,. in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING on the southerly line :ef land of`Jonathan Dwight Stern, 33.02 feet easterly along said line from a monument set at thr. southwesterly corner of said land adjoining land formerly of W.W. Stephenson, said monument being approxitrately `J 500 feet northerly from the main road measured along the easterly line of the land formerly of Stephen:>on; runnin; thence north 4 degrees 12 minutes 00 seconds east, 770 feet; thence north 28 degrees 39 minutes 40 seconds west 300 feet to the ordinary high water mark of Long Island Soun ; thence north 50 degrees 01 minutes 50 seconds east alomg said high water mark, 170 feet more or less; thence south 6 degrees OO minute east 300 feet more or less; thence north 82 degrees 13 minute 30 seconds east 285 feet to the Land of Crow anA formerly of Joseph Stern, thence south 7 degrees 46 minutes 30 seconds east along said land, 30 feet, thence south 82 degrees 13 minutes ?0 seconds west 150 feet; thence south 8 degrees 33 minutes 50 seconds east 229.42 feet; thence south 86 degrees 00 minutes east 150 feet; tthcnce south 7 degrees 46 minutes 30 seconds east 35 feet, thence south 19 degrees 54 minutes 30 seconds west 120.52 feet; thence north 81 degrees 10 minutes .ast 51.29 feet; thence south 4 degrees 45 minutes 50 seconds west 128 feet to the Uld Rurying Ground; thence along said Old Burying Gllund the following two courses and distances. (e) North 89 degrees 37 minutes west 50 feet; (2) South 4 degrees 45 minuties 50 seconds, west 158 feet; thence south 71 degrees 45 minutes west 53.32 feet;. thencL south 34 degrees 38 minutes west 48.44 feet; thence south j1 degrees 45 minutes 50 se onds west 144.52 feet to th c nter if off a ter in 25 foot right 4qf w;Yp; thence along Said centter li a n4 thh 33 deearees mfnutes � seconds west 149.;Z feet to the $oint or pias of BEGR I G.* TO(A TliER with ali right title and inter if any, of the party of the first part 1n -ind it. any stretls and ses to the anter lines thereof TOGETHER with the •ppurtmanees roads abunatg the atwrr dv..critxd pretr •nd ll the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premise; Itrrrtn granted unto the party of the second pl.rt, the heirs or suvrrsse-s and ass.gns of the party of the stcond part forever. *TOGETHER with a right of way for ingress and egres! from the Main Road, being 33 fe in taidth and commonly known as Birds Eye Road. AND the party of the first part covenants that the party of the first part has not done or suffered ancthing whereby the said premises have been encumbered in any way whaeecer, except as aforesaid. A\i7 the ),arty of the first'part;'in compliance with Scc I n 13 of the Lien Law, covenants that ehc p.{rty of the first taut well retrive the consideration for flus conveyan.e and well hold the rig'tt to rr1 rive ruc:l .-onsid nation air a truce ford to be cep piirli first for the purpose :if payirg the cost of the inlprovetnerit and will apply ,lic :acne first to the payment of the cost of the inprovernent before using any part of the total of the same for any other; urpose. The word 'party" shall be construed as if it read "parties" whentver the sense of this inr^entpre so re,qulres. IN WITNESS *HEREOF, the party of the first part has dulyexecut@d this deed the dor and year first above written. . ,. IN tueSENCE or: Cwt t onathan Dwight 5terp s V476 4 F STATS Of Umx*K COUNTY OP Kings =!: ETAT1`01,N1W TDEE, COUNTY Of 3Et On the apql,- day of November 19 87 , before me On the day of 19 before me personally came JONATHAN DWIGHT STERN personally came to int- kr wn to be the indivuhtal described :n and who to me known to be the individual described in and who executed .he o cgotng inmt umrnt, and acknowledged that exetxtted the foregoing instrument, and acknowledged thit he exe-uted,the sacra. mecuted the same. MOIARY,W kc, 8�ptadN 'itrrYrk Ire. 24:476137t GUMMAId to K- �ntn sen Eaows ntwua 3 Ing STATS OP NEW TOES: COUNTr OF SE: STAT! Of NEW TONS. COUNTY Of SS: (in the day of 19 , before me On the day of 19 boo,e me ,wr.onally came personally came to me known, who. brink by me duly sworn, did depose and the subscribing witness to the foregoing instrumenl, with ay that he resides at No. whom. I am personally acquainted, who, being by me duly swom, did depose and say that he resides at No. that he is the of that he*knows the eorporat: in described in and w'hicIt execmed the foregoing instrument; that he to be the individual knows th- seat of said corporation; that the seal affixed described in and who executed the foregoing instnune;tt; to said iktstnnttrnt is such corporate seal: that it was so that he, said subs-.ribing witness, was present 'Ad saw a* -ed kv order of the board of director; of said corpora- execute the same; and that he, Said witnes., . tion A,At1_tt:at he signed h !tame thereto by like order. at the same time subscribed h name a., witness thereto y M Alrgein aaa sale Wth WiTm Cr- aAsrr AIrrAtnsr.a/*A%W*'s Acrs TITLE NO. V� �� P 7(0rr>rL-rte JONATHAN DW194T STERN TO JONATHAN DWIGHT STERN and MARGARET STERN 0 Dist.: 1000 arcnoN 017.00 BLOCK 02.00 40T 001.003 COUNTX tlpt m of Suffol* RetbrdeeZ at >l.yu:r CHICAGO TMEINSIIS ANcX COMPANY atom by DWI* 'jwe N `1, 4tENt+ pwAfeHm 11r tc-Ks uP 14ft Recorded by, Rome Abstract Corp, . 147RtmsenSt., Rr�nL'_yn, 3.x.32 0 • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non - supporting facts. 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 following places: online at the Town of Southold's website (southoldtown. northfork. net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION A. 1000-17-2-1.9 SCTM# B. 1000-17-2-6.1 PROJECT NAME Josephson & Dow lot line modification The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board Building Dept. ❑ Board of Trustees ❑ 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) (c) Permit, approval, license, certification: x❑ Nature and extent of action: The subject property owners wish to transfer 264 s.f. of land from 725 Munn Lane (SCTM# 1000-17-2-6.1) to 900 Birds Eye Road (SCTM# 1000-17-1-1.9) resulting in a minor lot line modification as shown on the attached proposed Lot Line Modification Map, dated 2014 A. 900 Birds Eye Road, Orient (SCTM# 1000-17-2-1.9) Location of action: B. 725 Munn Lane, Orient (SCTM# 1000-17-2-6.1) A. 2 acres Site acreage: B. 3 acres Present land use: Residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ Nom If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. Lot line changes such as the one proposed herein, that does not permit new development to have an undue DEVELOPED COAST POLICY adverse affect on wetlands, tidal waters, or natural protective features are EXEMPT from the Waterfront Consistence Review (Town Code Section 268-3 "Minor Action"). Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No E Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No [X] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No x❑ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI — Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section I:II — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No 1 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No E 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 LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No[ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III - .Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 12-71 Not Applicable 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 Dfll Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No E Not Applicable PREPARED BY -4 6 5�= ITLE Agent DATE g• ZV • �Y David M. Dubin, Esq. l Amended on 8/1/05 • 617.20 Append& B Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Applicants, John Josephson & Carolina Zapf (Lot 1.9) and Dorothy Anderson, Executrix of the Estate of Barbara B. Dow (Lot 6.1) Name of Action or Project: Josephson and Dow Lot Line Modification Project Location (describe, and attach a location map): 900 Birds Eye Road, Orient (SCTM# 1000-17-2-1.9) and 725 Munns Lane, Orient (SCTM# 1000-17-2-6.1) Brief Description of Proposed Action: The subject property owners wish to transfer 264 s.f. of land from 725 Munns Lane (SCTM# 1000-17-2-6.1) to 900 Birds Eye Road (SCTM# 1000-17-2-1.9) resulting in a minor lot line modification as shown on the attached proposed Lot Line Modification map, dated _, 2014 Name of 1KW*MMW Sponsor: Telephone: (631) 727-2180 x230 David M. Dubin, Esq., Twomey Latham Shea Kelley Dubin & Quartararo, LLP E -Mail: ddubin@suffolklaw.com Address: P.O. Box 9398 City/PO: State: Zip Code: Riverhead NY 11901 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: 0 ❑ 3.a. Total acreage of the site of the proposed action'? 5 acres b. Total acreage to be physically disturbed? 264 s.f. acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 5 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑Urban [_—]Rural (non -agriculture) [:]Industrial ❑Commercial mResidential (suburban) ❑Forest ❑Agriculture OAquatic ❑Other (specify): ❑Parkland Page 1 of 4 C7 • 5. is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑✓ ❑ ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ❑✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑✓ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES P71 El F7 ❑ F7 ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES F4 D 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES ❑ ❑ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES ❑ 0 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES Fv-/] ❑ Fv(] ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑✓ F7 ❑ 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: m Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional m Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ✓❑ ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, Will storm water discharges flow to adjacent properties'? m NO ❑YES b. Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)? If Yes, briefly describe: NO DYES NO YES 0 Ela. Page 2 of 4 • • 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES ❑ F-1 to large impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES occur I . Will the proposed action create a material conflict with an adopted land use plan or zoning a ❑ ❑ regulations? 20. Ilas the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES FV1 ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑ establishment of a Critical Environmental Area (CEA)'? I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ry Applicant/sponsoame: David M. D bin, Esq. _ Date: D • ,i.0 Signature: Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 No, or Moderate small to large impact impact may may occur occur I . Will the proposed action create a material conflict with an adopted land use plan or zoning F-1 ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land'? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑ establishment of a Critical Environmental Area (CEA)'? 5. Will the proposed action result in an adverse change in the existing level of traffic or El 1:1affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities'? 7. Will the proposed action impact existing: ❑ Lia. public / private water supplies'? E b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, F1 1-1waterbodies, groundwater, air quality, flora and fauna)`? Page 3 of 4 Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion. flooding or drainage ❑ 1:1problems? 11. Will the proposed action create a hazard to environmental resources or human health? 10 1 0— Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR 0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: September 23, 2014 Re: Deferred Revenue MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 The Lot Line Change Application referenced below has been accepted by the Planning Board and the funds may be processed to Planning Applications Revenue Account 62115.10. Thank you. Applicant/Project Name & Tax Map # Amount Check Type Date/No. Josephson, Zapf & Dow - Lot Line 612/14 - #5528 Change Application Fee SCTM#1000- (John H. 17-2-1.9 & 6.1 $500.00 Josephson) CK SCALE 1 "=600" 1' / S 6A,•- MAIN ROAD (NYS Rte. 25) SURVEY OF PROPERTY SITUATE ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-17-02-6.1 SCALE 1 "=60' JULY 7, 2014 AREA = 116,844 sq. ff. 2.682 ac. ECEI AUG 2 9 2014 NOTES: 1. LOT NUMBERS SHOWN THUS: LOT O REFER TO MAP OF SET—OFF FOR JACK & MARGARET STERN FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON OCTOBER 22, 1993 AS FILE No. 9420 2. LOT NUMBERS SHOWN THUS: LOT F -11U REFER TO MAP OF BARBARA B. DOW FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON SEPTEMBER 19, 1997 AS FILE No. 10059 0 WNER: BARBARA DOW 87 MARJORIE COURT MANHASSET, NY 11030 Town Board UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NE LAND TITLE ASSOCIATION. -S OF NF 5i�� k Irl" ,fit: i a z N. 'vV! c i ni„ 1,nn R 7