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HomeMy WebLinkAbout1000-83.-1-33, 1000-83.-1-34, 1000-95.-1-11.2 SOUNO LONG ISLAND SOUND „ E N ��•53,26, E AND PLAYGROUND GO�R� 0�0 7 4'34,3� 1 PARK e N 151 .52' MPR ALONG Wp7ER V LINE I{1GN ALONG MARK ASONpJUNE 21, 20e4 71E LINE WAp'OB /i ON NOVEMBER 3' RIP BOOM OF BLUFF� �CT�r �j 11011 �0 O' O 0� F 0 O o O 1 Oe 20 SUBJECT • % i� PREMISES >' 90 o PARCEL 2 C OURT ReGK F FRPOL LEN �` 9 GROUN ��� Na�s� 0 0 <^ pOaL s. `ro O s-���9�0 _ KEY MAP v aco� RP�PP�� sir, ��90,C,� SCALE 1"=1000' -PARCEL 1 �o� OAF,'A�y p� NOV ] 6 2015 oR�G O <�o�� Southold Toe^:n d \ O,G�O Planning Board f 00 44 APPROVED BY LOT LINE 9�q PLANNING BOARDMODIFICATIOAr AREA TO BE TRANSFERRED TOWN OF SOUTHOLD SIT UA TE FROM PARCEL 3 TO PARCEL 1 AREA = 24,849 sq. ft. I a `� I C `lJ T C O NX O �J DATE 3 0.570 ac. a 0 AREA TO BE TRANSFERRED '22 S 37*33'40" E / �\ TOWN OF S O U T H O L D FROM PARCEL 3 TO PARCEL 2 ;` S 43�j 57.17 27.00' �'�C (,�L`J AREA = 25,191 sq. ft. SUFFOLK COUNTY , NEW YORK 0.578 ac. ADWAY— 5.37 Oa S . C . TAX No . 1000 - 83 - 01 — 33 N 7435 22 PROPOSED S . C . TAX No . 1000 - 83 - 01 — 34 PROPERTY LINE co 7T0�, -- - �, S . C . TAX No . 1000 - 95 - 01 — 1 1 . 2 SCALE 1 "= 100 9 osr 'moo 'o; ss, AUGUST 25, 2015 s \ U� AREA DA TA \ s EXISTING PARCELSPROPOSED PARCELS AREA TO BE TRANSFERRED \ � FROM PARCEL 3 \ O; PARCEL 1 83.492 sq. ft. TO PARCEL 1 PARCEL 1 108,341 sq. ft. \\ 1.916 ac. 2.487 ac. AREA = 24,849 sq. ft. PARCEL 3 \ PARCEL 2•\ 89,821 sq' PARCEL 2 ft. 0.571 ac. 115,012 sq' ft. 2.062 ac. 2.640 ac. \ AREA TO BE TRANSFERRED \ PARCEL 3 859,270 sq. ft. FROM PARCEL 3 PARCEL 3 809,230 sq. ft. \ 19.726 ac. TO PARCEL 2 18.577 ac. \ TOTAL 1,032,583 sq. ft. AREA = 25,191 sq. ft. TOTAL 1,032,583 sq. ft. \ 23.704 ac. 0.578 ac. 23.704 ac. \ .p \ 90 \ �Y \ 00 �z. \ �a \ o \ O \ cJ� \ q \ o \ LD \ \ OG \ n �o 'yd o \ cJl '\ o \ N \ \ \ \ '\ I \ (51 �Oc'39. IZP o� \ \ C7 PREPARED IN ACCORDANCE WITH THE MINIMUM 0� \ STANDARDS FOR TITLE SURVEYS AS ESTABLISHED V1. �� \ BY THE L.I.A.L.�U_eEPROVED AND ADOPTED v Ly \ FOR SUCH�kfSE Y�THE'NEW YORK STATE LAND 5� NC \ TITLE A CIATIC6z ' act ll S OA LIN Lill 41 0 1\��J N.Y.S. Lic. No. 50467 11� UNAUTHORIZED ALTERATION OR ADDITION �. , Nathan Taft Corwin II' TO THIS SURVEY IS A VIOLATION OF EDUCATIONSECTION ZLAW.09 OF THE NEW YORK STATE �'j '� Q COPIES OF THIS SURVEY MAP NOT BEARINGS �O Land Surveyor THE LAND SURVEYOR'S INKED SEAL OR O EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex I° sr �, P.O. Box 1179 54375 State Route 25 �� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.s outhol dtownny.gov 0Ur!N ,� " PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 8, 2016 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 Re: Final Approval with Conditions - Proposed Lot Line Modification for Biggane and Yenicay Located at 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue SCTM#1000-83-1-33, 83 & 1000-95-1-11.2 Zoning District: R-80/A-C Dear Mr. Biggane: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, March 7, 2016: WHEREAS, this proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1- 11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &A-C Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 18.59 acres located on SCTM#1000-95-1- 11.2; and WHEREAS, on November 2, 2015, a Lot Line Modification Application was submitted; and WHEREAS, the Planning Board has reviewed this project with the knowledge that the application includes rectifying the encroachment of two existing driveways on Parcel 3, before the Sale of Development Rights to the Town can take place. Based upon this comprehensive review and basis for the application, the Planning Board will not approve the application until the Development Rights have been preserved though an easement that is held by Southold Town; and WHEREAS, on November 16, 2015, at their Work Session, the Planning Board reviewed the application and found it complete. The Board also agreed that a Covenant and Restriction be placed on Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34) stating no further subdivision; and Big_gane and Yenicay [2] March 8, 2016 WHEREAS, on January 11, 2016, the Planning Board held and kept open the public hearing until the February 22, 2016 public meeting due to a noticing error; and WHEREAS, on February 22, 2016, the Planning Board reviewed the application at their Work Session and the Board has agreed to reduce the area of the flag on the east side of Parcel 2 by approximately 750 square feet. This would allow both Parcel 1 and Parcel 2 to have direct access to the approved 25 foot wide right-of-way, and eliminating the need for an Access Agreement; and WHEREAS, on February 22, 2016, at the Public Meeting, the Planning Board held and closed the Public Hearing; and WHEREAS, on March 1, 2016, the agent submitted revised plans showing the reduced flag area as well as revised metes and bounds; 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 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 Plat 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 March 7, 2016, 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 Biggane andmmYenica Ma [3] rch_8, 2016 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 Plat 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 with Conditions on the maps entitled "Lot Line Modification Map situated Cutchogue", prepared by Nathan Taft Corwin II, Land Surveyor, dated August 25, 2015 and last revised February 10, 2016, with the following conditions: a. File with the Office of the Suffolk County Clerk the approved Covenants and Restrictions stating no further subdivision of Parcels 1 and 2 (SCTM#s1000- 83-1-33 & 34). Failure to file the Covenants and Restrictions will result in the Planning Board's approval of the re-subdivision being null and void. b. Submit a copy of the recorded deed showing the change in lot lines 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. c. Submit a copy of the recorded Deed, Deed of Development Rights, or Conservation Easement providing evidence that the required amount of open space has been protected from future development and shall be submitted to the Town of Southold Planning Department within six (6) months from the date of Final Approval. Failure to do so will result in the Planning Board's approval of the re-subdivision being null and void. Upon fulfilment of the above conditions, Final Approval shall be granted and the Planning Board Chairman is authorized to endorse the map. 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, r Donald J. 'ilcenski Chairman Encl.: Negative Declaration Biaaane and Yenicay [4] March 8, 2016 cc: Assessors Melissa Spiro, Land Preservation Coordinator 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 SC'CI-IS for any applicable approvals, e of Ap lint or Agent .Print Name__ ....-- natur�mm. � g ~ S a MAILING ADDRESS: PLANNING BOARD MEMBERS � � `_ P.O. Box 1179 �.w DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY rte CzS 54375 State Route 25 JAMES H.RICH III " ; (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �DUNTY �� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 2017 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 Re: Proposed Lot Line Modification for Biggane & Yenicay SCTM#1000-83-1-33 & 34 and 1000-05-1-11.2 Zoning District: R-80/AC Dear Mr. Biggane: This letter acknowledges that all conditions outlined in the March 8, 2016 Final Approval resolution have been satisfied. The signed plats are enclosed. Sincerely, ark Ter Assista DirectO�of Planning Enc. cc: Melissa Spiro, Land Preservation Coordinator Claire Glew, Senior Assessment Assistant, Board of Assessors 14)/1V/GV104;JV:Ott Yl'l -VVVV Vt1A4V17 eMir.' O ur 1J 4d ,41 �� ryiik P „w W w, 13 ���.<�-��� 111111111111 VIII 11111 VIII Illll Ii11111111 f1111 Illi Illi ����a� � � w SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 09/28/2016 Number of Pages: 5 At: 03:03:07 PM Receipt Number : 16-0152821 TRANSFER TAX NUMER: 16-06474 LIBER- D00012981 PAGE: 758 District: Section: Block: Lot: 1000 083.00 01.00 034.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the rollowing Sees For Above Instrument Exempt Exempt Page/Filing 625.00 NO Handling $20.00 NO COE $5.00 NO N SRC11G $15,00 NO EA-CTY $5.00 NO 0" ' S $125.100 NO TP-584 $5.00 NO Notation, $0,00 NO Cert.Copies $0.00 NO RPT �2,00O. O N4 Transfer tax $0.00 NO colu:a.fte$1 $1011,00 NO Feas Paid, $400,00 TRANSFER TAR NU!®ER: 16-06474 THIS BADE IS A PART OF THE INSTRWMEN'T THIS IS NOT A BILL JUDITH A. PASCALE County, Clerk, Suffolk County 11:/ 1V/ LV1V L aVV a V2 C\f VVVV l l\IIV VL\ tl d\Ad b.n N W14. .M.W.iI Number ofpatgau REDWO �w , q^rA6 " fa 28 030'F0? 1`51 gtdPlttl n This document will be public 01061 WN I"I record.Please remove all SkJFFf➢LJe 126811 L Social Security Numbers i��tftl. prior to recording. D'r f . i1'7^1 Deed/MortgageIn �t t . strument Dead/ RecardinglFAing5bmps FEES � �' rttiara °a�,rrJtrrrt. Page/Filing Fee .�,. ��. �...a . 1,Basic Tom Y.... Handling Thr. rlrcr 2,Addltlonal lax www TP-584, SubTotal 5per.6Asslt on EA-52Notat117(Coup ) �r ry _ � / SubTotal � Spec./Add. TOT,MTG,TAX EA-5217(State) _ r r �... ..� �, �.. � � Dual Town--Dual County RATSAI S Held for Appointment Comm.of5d. _ gD \v, fit , Transfer Tex Affidavlr / � Mansion Tax ��................_. �.. The property rovered by this mortgage h Certified Copy or will be Improved by a ono or two NYS 5urchar e t5, Og family dwelling only. 9 — ° -.D. SubTotal —.. �.....- YES or ND Other �.,..m. ,_._,mti /^�7� V Grand Total v ''• 'IF N0,see appropriate tax clause on pageY orth46d�Gtv+diyxu5rrr:. A �p Cornmunity Preservation Fun d IDlsta 9BQ296 >000 oe3oa axoo osa000 Real Property It f.Ml A Cksnetderatlon lint$ ax Servlce 1J"'kf P,y� �\ tel• Ar torr/ I i'"! i Due 5 Vrlr�yirlon � � ,, ..,��. ,.� �.. ... . lunprovatla ............... FspCsCau ll'rwr/tllrwlr ryltR 4.ttltfltklmp t)itdtyawri+arwVti rAlla�gA'JdreMt 6 1 tOr Valcor4l dpw'tiurVJy� p't�.nar/ VJ"C ffro /3 2lA flwurolm 1wantue tuwlT tri„ tuW' Mall to:Judllh A.Pascale,Suffolk Cvunly Clark ? -- Title--------- 31D Center Drive, Rive i nunirrrup information www.euffolkcaunl n ovld ed NY 119D1 Co Narrre Y Y,g ark mY g TllleA ,�i("d4 � .l � �.. R +� �.��tRe����a ���� � &Endorsement �� �������..,.�. This page forms part of the attached �e �'n d Sale .made by, (SPECJFYTYPEOFINMUMEO_ �Tol fes. fi1�° u R The premises herein Is situated In e Rfl u1 SUFFOLK COUM,NEWYORK TO In the TOWN of Jo11rt C Bis!eane In the VILLAGE wY �.. 1a ,ti . .... . or MLETof,..,. BORES 6 THRU 8 MUST BETYPED OR PRINTED IN BLACK INH ONLY PRIOR TO RECORDING OR HUNG. w...... .. SWJ&fd NyJLTU,Fan OW2-eaftrilln mill 8*06@d,v0b CmWPQI29*W Grillitai'll AGN-unxam Ackn"Walivvit Folm 3290 ........... CWSULTy0Uh LAW"B@Foftg GIGN087MM INSTRUMERF-THIS IWSTRUMENT 10110"BE USED NY LAWYERS ONLY THIS INDENTURE,made 114 day at A jl.y2f)fli, BETWEEN AIRIUCIN& 1! 111 I I AGARhis w1fe,residing at 8871 Oregon Road, Cutchagus,New York,11935, pal ry of the nest park and Cutchaqu%New York 11 M his wife,resulfing al,6871 Oregon Road, party of the 5eoAid pad, WaNESSETH,that the party of the first pad,in cartaiderallion of Ton and 001100 —000ars POW by ilio party df this iso „rad ima,acmr,hereby giant Aod r0ama unto the paq of the second pad,ft halm or Svc,cAM11%aild asslons aI!qm party Of 011"levirld poll ftoeviia' ALL that certain plat,place or parcel of land,with the buildings and improvements thereon erected,alwate, Nina and being at Cutchagult,To of Southoid.County of SUN*and State of Now York,bounded and daasorfarT as foloww (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) [JE046,AND INTI NU TO HE'the saffla(�wnllsosconvoyod to�ho paily of Virg MAI Ign by Vood d"mad Mardl 10,2009 which waa%acoided In iris Ojfuaoj 111o,Cls*of fljar Caility 0$Anojk an April 6.)(Qg lin I,Rhqj 2.604 at pmlg6 842,toge0w Mlh other plarsijros iq samordemoe w0h o Lot,Ulm,MoiljfNntlo"approvad by lho Southold Tomi Planning Pinard fig la klenK4.,el by SC"IM 1000,08100 and 1000-08100-01,00,034.004 The Southold Town Planning Board approved INS Lot Line Molfillootlan by Resialullon an March e,2018. SUFFCAA COUNTY TAX MAP NO,11000-003.00-01,00-0M,000 Promises; 847I Oregon Road,Culchogug,N.Y.11935 TOGEI HER with all 691il,titki 1104 tnivitiA"It any,of thia jwdly col 0je rhid park lo and to ropy Orwifirc witl wads at 00lj tho above 1105CALod PWfnj,,,,os to qws criljjee Vases flTvroaf, r0GETl ft'R with the appultonalzah and all the os to and Iigtq3 of thea pony of the llrit pisi,t in wo to 4d(ovine c (Q HAVE AND TO I101,I)the f4en4se6 horoln granlad tinlo 0 o parry at Ifw oaeood palt,Vie heirs ra'�ucoew'*m vjui,rues 1911%001lopony or the W"1&1 poll figovot, ANO Jim party of the first part covarmls that Uro party or the first part has not done at suffered anything whqlqbf file said faerolsoo have been oncurnbeted in anyway whatever,except as aforesaid, 'AND the Polly Of the hist an,leu(011f4ion6,o-wiin Nail it 13 ul(he Uen Law,oaverrants Plot the party or the pit pad MtIl IM,(.09 ilia considwatkyj for trite a arroveyawraca usidi wilt hold the 119hi to receive such consideration as a trust Nild to be"fitl1kid,first far the jio,apaLv of payirti ths ca%j r4 the liVovernent and Y411 apply tho same first to the popilool of Orta coot or ow Improvement boforn uninl)awry part or the total or the same for any other purpose.The WWIA*(),an,(thao 4"m arnstaaawao rm it fl!(cod"earl o*when ever the sense of Ibis Indenture so requires. IN WITNESS WHEREOF,IN party of the first pad has duty allocated this dead the day and year first above wrl"orl. IN PRESENCE OF: MtAR ET .131 ANE .u.,w.,,a ,+..,.w a Mr.'"wX,s«.'Mwe M.x v rer .w.x». n P A wm.s.d ud n. ro rap W✓w,d o.u Po Q uP.a A. .A.,&. aFb .d.bd Slolao of fwnoa k°aa�,,Cburlty or SUFFOLK State of Now Yo*,County of sea (M I'AA "'dau7�! r fn IM y�r 2016 Oro-10 day of In Um year- b epaha IIAeIAAderoal,1„Pu a a VV oppo01 before me,the undwWgr ,pwsomlly apasrared JOHN+ EIN('oANE aond MAROARET0,U GUANE pegsonady Wowin to oso or patraaod to ane oo Rio btiast%of possorody krnoiaa to me or p vod to nae ca the bad oat mnalhlodofy ov4onm to 1W"m Ioddv40oKo)vdoomo oaano(op is uftNa ay pardon to bra the ks(bu(oulflfe)vdiose nnuw(d)N (swo)mrabrs,6bod to IVmn VMbIn fooll"ViVeM and eApoAonwtar1GVV4 Io (4a,a)mtOu"flhol to the w, hin inm not mid aaclrg*vAedpaal to me that heftbe/Jiryr tutmutad tha malrrrra h IoaMmAhala ma that hemalaoatnq exeruVed 1iho, wn# W WOW490Y oop y (1"11, ares that by lftft 4eta etVAM'ao„(ar) an Moor arnpt wy(�4m( tamf llrif by olydwu VAIVuka mkrya ohoanls) on ptleS wfronr v1,u °0�01A«�MnAs) toe .. bnraaw� h�M 0 W0r�tu Iov1Nd�Armaeo9�ot(m( .Inrd..,nm�orarkdbn�oornoaoreArrrR, m_,.,,,... the I,adfrafma9 of art IBoa pefson o o twhetf of ordticlk t@ro koro ural(mf mod rurrsrarmga afo Nr aarul ibrar hrntd�tdro (64)0 ve oardo }�1Wer w I ka oa �i mdr9Arrdrp (sig turaand atIndM” 4("61T 1ae� ,40a� 14` 6 nU Ncim"Afly P11nic, STASH OV UN IORX ®a 3304529 QU IeiED 1W gurrou cauwtv COWtISSION EXPIR59 DEC. 31®9 T�>9E USEU ONLY EN Ttd ACKNCL& Mf>g7I9 iA 6 Ct(Ta1Q�HE KK 6 State(orDIclafctofCokarnbla,7amilory,orFCountry)0 County of _...._.. _..._.._,...., On Mo dray at Claosailtior ITl tEe year, beta Erre,Me um 4in5lgrwd,perow atly oppoerod person gly MVV 'P to me or paovad to arae on the ba 06 of"flog cw y o0of1 w to be the IordkA4MI who 0a dome le aubw1b, 'I loft vAhlYV NamtrorumAt vkftd a: eo^srledtad W Vere 00 alae uaeoa&A the raamo In loar rAparAy( of amt N X by has aknM wne oo the k1olAunrouo,taro larabarldoat,sag the frerms "poll wbalf of Wfloh,Me Im{uif Idsael amaed,eaomded Rho rembuAlarero,alyd Viol such Individual naado oath appearaanco before the underef®rred in the In --flow rhe City or 061-F D ) hwd Inson the dtal®or Counlry or the a odp taken) QialeogarurvduwpM�uatleddwRrGausufllaldrue��Yauu dr•�.,.1.(D __��._.„ BARGAINAND ALS D IW(�CK0 083,00 1,00 WITH COVENANT AGAINST GRANTOR'S ACTS LOT 014.000 TlUe NO _. csOt NTYtTOWN 1060 60 0611(71ttC;eCtht tld("t#'D JOHN C.BIGGANE and MARGARET G,91GGANE, HUSBAND and WIFE,TO Recorded at Request of JOHN C,BI NE Sind MARGARET G.BIGGANE, COMMONWEALTH LAND TITLE INSURANCE COMPANY HIS NFE, yft .td Sf .y EN M N o rk aw rwarehador iawyonxlewoEamrlulU IMAaamlagmWa DWMM by F NULTY-SPIESS,P.Q 214 Roartift Avenue 0' Commonwealth P.O,Box 757 Mirwhead,NY 119011 LTH L4W0TMtIff^ANMCQVAPANY yy/ yV/LVJV L.VV VZ «'1 VVVV AAI1VVl'1 rrLWA. 1L V1 1J SCHEDULE„A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point along the northerly line of land now or formerly of John C, Biggane and Margaret G. Biggane, where the same is intersected by the easterly line of land to be herein described, said point being the following five (5) courses and distances from the corner formed by the intersection of the northerly side of Oregon Road and the westerly side of Duck Pond Road: (1) 525 feet more or less westerly along the northerly line of Oregon Road to a point at the southwest corner of land now or formerly of Duck Pond Road Associates, Inc,, (2) North 37 degrees 22 minutes 40 seconds West along the westerly line of above said land, 479.75 feet to a point; , (3) North 42 degrees 29 minutes 20 seconds West along the westerly line of above said land, 260,73 feet to a point; (4) North 37 degrees 52 minutes 10 seconds West along the westerly line of above said land, 1876,23 feet to a point at the southwest corner of Lot 13, as shown on a certain map entitled'Map of Birch Hills", filed in the Office of the Clerk of Suffolk County on July 19, 1967 as File No.4908; (5) North 37 degrees 33 minutes 40 seconds West along the westerly lines of Lot 13, 240.55 feet to a point and the true point or place of BEGINNING; RUNNING THENCE South 74 degrees 35 minutes 22 seconds West 315.37 feet to a point on the easterly line of land now or formerly of Marie Sara Garvey Thompson; RUNNING THENCE North 37 degrees 06 minutes 10 seconds West along the westerly line of above said land, 771.93 feet to a point along the apparent high � water mark of Long Island Sound; RUNNING THENCE North 74 degrees 34 minutes 30 seconds East along a tie line along the apparent high water mark of Long Island Sound 151.52 feet to a int along the westerly line of land now or formerly of Ertan Yenica po g y Y Y; a„.u,. ../w J...+J m,4A �.. M,J'M •.wax^W'.. u, x J af'4r 4!'q,, x s'w4 M•♦a ss 4..J t'J'%W,1 A.. +d..'M.A W9A .b.ud , y RUNNING THENCE the following two (2) courses and distances along the westerly line of above said land: au911„37 degrees 33 minutes 40 seconds E"ast 7 8,t 0 feet to a point; � _. n, 1 7 feet to a o��¢;1 ( degrees 35 minutes 22 e c� nds,� l 1 57.1 C1101 tl��*„ tii're t line of Lot 13 as shown an above s ik M RUNNING THENCE South 37 degrees 33 minutes 40 seconds East along the westerly line of Lot 13 as shown on above said map, 27.00 feet to the point or place of BEGINNING. TOGETHER WITH a non-exclusive 25 foot wide right-of-way running from the southeast corner of the above described premises to Oregon Road for access between said premises and Oregon Road and for the installation of utility equipment. The easterly line of said right-of-way being described as follows: BEGINNING at the southeast corner of the premises, at the true point or place of BEGINNING: RUNNING THENCE along land of"Birch Hills" and land now or formerly of Duck Fond Road Associates, LLC the following four(4) courses and distances: 1. South 37 degrees, 33 minutes, 40 seconds East, 240.55 feet; 2. South 37 degrees, 52 minutes, 10 seconds East, 1876.23 feet; 3. South 42 degrees, 29 minutes, 20 seconds East,260.73 feet; and 4. South 37 degrees,22 minutes, 40 seconds East, 479.75 feet to the northerly line of Oregon Road. MAILING ADDRESS: so PLANNING BOARD MEMBERS N= P.O. Box 1179 DONALD J.WILCENSKI � tSouthold, NY 11971 Chair '� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR -,yd ���' Southold, NY ,r'?'Z7 Telephone: 631 765-1938 www.southol dt ownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 2017 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 Re: Proposed Lot Line Modification for Biggane & Yenicay SCTM#1000-83-1-33 & 34 and 1000-95-1-11.2 Zoning District: R-80/AC Dear Mr. Biggane: The Planning Board acknowledges that a Development Rights Easement, dated March 29, 2016, was recorded with the Office of the Suffolk County Clerk on April 11, 2016 in Liber D00012860, at page 133 and deeds have been filed. The Planning Board further acknowledges that Declaration of Covenants and Restrictions were filed for SCTM# 1000-83-1-33, 83-1-34 and 95-1-11.2 for each property owner in Liber D00012861 on pages 303 and 304. All of the conditions in the Final Approval resolution have been satisfied. If you have any questions, please do not hesitate to contact this office. Sincerely, .. ark Terry Assistar irector of Planning cc: Melissa Spiro, Land Preservation Coordinator Claire Glew, Senior Assessment Assistant, Board of Assessors Michaelis, Jessica From: Glew, Claire Sent: Thursday, November 10, 2016 9:01 AM To: Michaelis,Jessica Attachments: L 12881 P 758.pdf, L 12881 P 757.pdf Jessica, Attached are the two deeds. The development right deed is too large to email. You can view that on laserfiche under L12860 P133 I think that will complete the file. Or does this all have to come from the owner? I am waiting for the final map to make the adjustments on the assessment roll. Thanks. CLcarei(�lew Sr. Assessment Assist. Town of Southold Board of Assessors (631)765-1937 1111111111111111111111111111111111111111111111111111111 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 09/28/2016 Number of Pages: 5 At: 03 : 03: 07 PM Receipt Number : 16-0152821 TRANSFER TAX NUMBER: 16-06474 LIBER: D00012881 PAGE: 758 District: Section: Block: Lot: 1000 083 . 00 01 . 00 034 .000 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 $0 . 00 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $400 . 00 TRANSFER TAX NUMBER: 16-06474 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County [] Number of pages `j RECORDED 2016 Sep 28 03.03:07 PN JUDITH A. PASCALE This document will be public CLERK OF record.Please remove all SUFFOLK COUNTY L D00012881 Social Security Numbers P 758 prior to recording. DT# 16-06474 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee _m Mortgage Amt. 1.Basic Tax Handling 20, 00 2. Additional Tax TP-584 m Sub Total Notation Spec./Asslt. r _ or EA-52 17(County) Sub Total , ,,,, Spec,/Add. .__._. EA-5217(State) �� TOT.MTG.TAX R.P.T.S.A. 11f�� Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 PIP, ;w Transfer Tax 4 Mansion Tax Affidavit _.. The property covered b this mortgage Certified Copy w _ � hiIs or will be Improved by a one or two NYS Surcharge 15. 00 r family dwelling only, — Sub Total 'l YES or NO Other Grand Total Ll0 6 If NO, see appropriate tax clause on page# ofthlsInstrument. 4 Dist.1000 � T 1000 08300 0100 034000 5 Community Preservation Fund 16029672 RID MITryww� I Illll I Real Property 7 sP 1A 11lli�� lilllllillliilllllil�lll�l�lll Consideration Amount$ Tax Service Agency f,Pl+'f' x Due $ Verification Improved x 6 SatisfactiorislCJ�Iscfrarges/Re(r„aces List Prolrerty Owners Mailing Address RECORD&RETURN TO: Vacant Land McNulty-Spiess, P.C. TDO.- __...... 214 Roanoke Avenue TD P.O. Box 757 Riverhead, N.Y. 11901 TD_________ Mail to; Judith A.Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name 1w / al L vrv✓w.suffolkcountyny.gov/clerk Title# , „ -// s Suffolk Count Recording& Endorsement Page Bargain and Sale Deed This page forms part of the attached _—made made by: (SPECIFY TYPE OF INSTRUMENT) . John C. Bi The premises herein is situated in ------- Margaret G. Bi ane SUFFOLK COUNTY,NEW YORK, TO In the TOWN of -,,,.-,-Southold John CBip�ane � ,w In the VILLAGE Margaret G,... Bi ggane m ,,.. — or HAMLET of_....... t Ot10g�110,,... BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, ca verb Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Ads—Uniform Acknowledgment Form 3290 ........ — _ ......... CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made th6& day of JULY,2016, BETWEEN JOHN C.BIGGANE and MARGARET G.BIGGANE,his wife,residing at 8871 Oregon Road, Cutchogue, New York, 11935, party of the first part,and JOHN C.BIGGANE and MARGARET G.,•,SIGGANE,his wife,residing at 8871 Oregon Road, Cutchogue, New York 11935, party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten and 001100($10.00) -- -- ----•---- -_._ •• ___ ___®_e___.___m.�..� _..___ _ --.mm.-• .. .. _ ___�__—___._ _ _ ___ ___w-®-_Dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed dated March 16,2009 which was recorded in the Office of the Clerk of the County of Suffolk on April 6,2009 in Liber 12584 at page 842, together with other premises in accordance with a Lot Line Modification approved by the Southold Town Planning Board for Lots identified by SCTM Nos. 1000-095.00-01.00-011.002; 1000-083.00- 01.00-033.000;and 1000-OB3.00-01.00-034.000. The Southold Town Planning Board approved this Lot Line Modification by Resolution on March 8",2016. SUFFOLK COUNTY TAX MAP NO, 1000-083.00-01.00-034.000 Premises: 8871 Oregon Road,Cutchogue,N.Y. 11935 TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party" shall be construed as if it read "parties"when ever 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: «+� 4HNB SGANE MARG----- BI/G E ANE TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New Yot County of SUFFOLK ss: State of New York,County of ss: On 11* (day mm r in the year 2016 On the day of in the year before rr1111"O, enders(�io�eonally appeared before me,the undersigned,personally appeared JOHN C.DI'GGANE and MARGARET G.BIGGANE personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is satisfactory evidence to be the individual(s)whose name(s) Is (are)subscribed to the within instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/heir me that he/she/they executed the same in his/her/their I and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the individual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which acted„exacllt .t#h vstrnrelh1. the individual(s)acted,executed the instrument. and LofEf of In ivjT?C 1 king acknowtedgment) (signature and office of individual taking acknowledgment) NOTARY PUBLIC, STATE OF NEW YORK NO. 3308529 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES DEC. 31, 20 TO 9E USED ONLY WHEN THE ACKNOWLEDGMENT IS MADEITOUTSIDE,NEW YORK STATE State(or District of Columbia,Territory,or Foreign Country)of ss: County of On the day of December in the year, before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capecity(ies), and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and Insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED BLC CK 0 008'�I� WITH COVENANT AGAINST GRANTOR'S ACTS LOT 033 01,00 LOT't"k84.00ft Title No. COUNTY)TOWN 1000 0871 OREGON ROAD JOHN C.BIGGANE and MARGARET G.BIGGANE, HUSBAND and WIFE, TO Recorded at Request of JOHN C.BIGGANE and MARGARET G.BIGGANE, COMMONWEALTH LAND TITLE INSURANCE COMPANY HIS WIFE, RETURN BY MAIL TO. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by McNULTY-SPIESS, P.C. 214 Roanoke Avenue It* Commonwealth P.O.Box 757 nLANDAremucow&w Riverhead,NY 11901 COMMONWEALTH LAND TITLE INSURANCE COMPANY W U LL LL 2 d3 C O U W rY LL O W 4J Ix O LL W U 6 a _. -._ SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point along the northerly line of land now or formerly of John C. Biggane and Margaret G. Biggane, where the same is intersected by the easterly line of land to be herein described, said point being the following five (5) courses and distances from the corner formed by the intersection of the northerly side of Oregon Road and the westerly side of Duck Pond Road: (1) 525 feet more or less westerly along the northerly line of Oregon Road to a point at the southwest corner of land now or formerly of Duck Pond Road Associates, Inc., (2) North 37 degrees 22 minutes 40 seconds West along the westerly line of above said land, 479.75 feet to a point; (3) North 42 degrees 29 minutes 20 seconds West along the westerly line of above said land, 260.73 feet to a point; (4) North 37 degrees 52 minutes 10 seconds West along the westerly line of above said land, 1876.23 feet to a point at the southwest corner of Lot 13, as shown on a certain map entitled "Map of Birch Hills", filed in the Office of the Clerk of Suffolk County on July 19, 1967 as File No. 4908; (5) North 37 degrees 33 minutes 40 seconds West along the westerly lines of Lot 13, 240.55 feet to a point and the true point or place of BEGINNING; RUNNING THENCE South 74 degrees 35 minutes 22 seconds West 315.37 feet to a point on the easterly line of land now or formerly of Marie Sara Garvey Thompson; RUNNING THENCE North 37 degrees 06 minutes 10 seconds West along the westerly line of above said land, 771.93 feet to a point along the apparent high water mark of Long Island Sound; RUNNING THENCE North 74 degrees 34 minutes 30 seconds East along a tie line along the apparent high water mark of Long Island Sound 151.52 feet to a point along the westerly line of land now or formerly of Ertan Yenicay; RUNNING THENCE the following two (2) courses and distances along the westerly line of above said land: (1) South 37 degrees 33 minutes 40 seconds East 738.60 feet to a point; (2) South 74 degrees 35 minutes 22 seconds East, 157.17 feet to a point along the westerly line of Lot 13 as shown on above said map; RUNNING THENCE South 37 degrees 33 minutes 40 seconds East along the westerly line of Lot 13 as shown on above said map, 27.00 feet to the point or place of BEGINNING. TOGETHER WITH a non-exclusive 25 foot wide right-of-way running from the southeast corner of the above described premises to Oregon Road for access between said premises and Oregon Road and for the installation of utility equipment. The easterly line of said right-of-way being described as follows: BEGINNING at the southeast corner of the premises, at the true point or place of BEGINNING: RUNNING THENCE along land of"Birch Hills" and land now or formerly of Duck Pond Road Associates, LLC the following four (4) courses and distances: 1. South 37 degrees, 33 minutes, 40 seconds East, 240.55 feet; 2. South 37 degrees, 52 minutes, 10 seconds East, 1876.23 feet; 3. South 42 degrees, 29 minutes, 20 seconds East, 260.73 feet; and 4. South 37 degrees, 22 minutes, 40 seconds East, 479.75 feet to the northerly line of Oregon Road. INSTRUCTIONS(RP-5217.PDF-INS):www.orps.stale.rq.us ron LOUNTY USE ONLY New York State Department of C1.SVVIS code , , Taxation and Finance C2.Data Deed Recorded Office of Real Property Tax Services R RP-5217-PDF C3.Book f C4.Peoe Real Properly Transfer Report(8110) PROPERTY INFORMATION 1•Propany 8871 OREGON ROAD Location `STREET mWEEIt -STREET RPY! (CUTCHOGF') SOUMW CUs^CHOGUF. 11935 ' rrV an TCdPex wLwE •aPbObE LBuyer 37GGANE Joan C. Nome ..ULCT PAUEM OMI 'MIT -••••••••••�••• TNN! B1GGA EE MAERGAREs ' G wTTM4,1E,00MPOIN iNaT rMMC 3.Tax Indicate when future Tax BIM era to be sent Billing B other thaner oddres at boom of farm) . Address �' N wAsr xM.wvr*•„cw+P,rwT rlMml'NNra arRso;raraAuaE�nwsr4was C1rTLwlam STATIN TIPccoE ,L Indicate the number of ArmsSimilal 1C]Pa,t ore Parcel (only II Part of a Pareedl Check w they apply: Rog parcels transferred on the dead tl of Parcels OR 4A.Planning Board with Subdwlsion Aulhody Exmm 0.Deed _ \ ()fl A-C6 49.Subdivision Approval was Required for Transfer Property m Property DMH ALgER sin 4C.Parcel Approved for Subdviamwith Map Provided B7GGAN3 JOHN C. 6.Boller rimy NNE Name BIGGANE MARGARET G. wTNNE,rp1PIWr .........,..... __�' fln5'IFL`N4w..�.�,.,.�,.. ... 7•Select the description which most adeurany describes the Check the boxes balm as they appy: use of The property at ON time of este: 8.Ownership Type Is Condominium A.Onc hatllllY RL orient lal a.New Construction on a Vacant Land 10A.Property Looted within an Agncukuml District 100.Buyer realved a disclosure notice mdlaling that the property is in an ❑ Agricultural DrtVlct SALE INFORMATION 16.Chock one or more of thew conditions me applicable to Trensfor. A Sale Between Relatives of Former RHdabves 11.Sala ContmcL Data B.Selo between Related Companies or Partners In Business. C.One d the Buyers Is also s Sellel 12.Dale of SolaRnnaPor 07/2&r2'016 D.Buyer or Sailer Is Government Agency of Lung IeNeutton E.Dead Type not Warranty or Began and Sale(Specify Below) F.Sale HY.Fractional or Less than Fee Intaroal(Specify Brow) '13.Full Sale Price 0,(NI G.Significant Change In Property Between Taxable Stalus and Sele Dates °°°°-•••-•• H Sale of Business Is Included In Sale Puce (Full Sale Price is the total amount paid for the properly Including personal property I.Other Unusual Factors Allaeung Sala Price(Spedy Below) This payment may be In the form of ash,other property or goods,or the assumption of J.None mortgages or other obligations.)Float round to the nearest whole dollar amount H monys)on Condition: 14.b 400o the vAluo of personae propoey,Included in Ills sale . nD ASSESSMENT INFORMATION-Data sh aild taped the latest Final Asitassmant Roll and Tax Bill 16.Year of Awesoment Roll from which Information taken(YY) 16 '17.Total Assessed Value g4 No "ILProperty Class 210 _ '1,0.School olUdipt"Role HATTITCCK-CUTCH000E '20.Tax Map Idontinar(6)dtotl Identifier(e)Illinois than four.attach sheat with additional IdenBlMr(e)) 1000-083.00-0 .00-034.000 �t"TIFIOAT'IOhN I Certify that all of the Items of Information entered on this form acv true and correct(fa the bast of my knowledge and belief(and I understand that the making of any willful false statement of material fact herein subject me to the mrovlabm-gOhe.p6g611stt relAve to the making and ruling of fales Instruments. AfiLl.0-610HATURE BUYER CONTACT INFORMATION �" "" � � rE:Tar�/omu:m for me aryl.No:e Y oryw U E..0 soosy,usooseon[oporoenn pre eros.oomparv.aMuls a F "" if. ail.y:�ri.e•wlMrlmvdWeewewAel•[Lry.Irona roma and inial-lNn•mkm den rnlr4,WRmporetle f'4h V`, poly'MgG'I enM'GT Wel=erw lma•P'171•w vorrrN moll 0wrimin Typsw Pdmc1M11y) -maxs Lm! CwTt BIGGA9n JOHN Call . •wNAME rHtmw Ne (515) 816-3623 •NRTAcooe ^'rELEwrlCwE rnrwaExr lEr.wssww eurER sure 8871 OREGON ROAD •mREET NJasE4 ., BTREETIMrE COTvJEOGG- NY BUYER'S ATTORNEY :15 35 i_: GTN •s-Ace .19 w SPiESS JAM%S r l .ar........., .—_ .� _ _ ..... ......... wTRAYE HPrRaT Adralh 1631) 727-8200 NI p N1rAeddE TELEPHONE NMDER ta:MMM) 1111111 III!I IIII I I I II I I I I I I I I I I I I I I 111111 Illil 1111 llil 111111 Ilil!11111 1111 IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 09/28/2016 Number of Pages : 5 At: 03:03 : 07 PM Receipt Number : 16-0152821 TRANSFER TAX NUMBER: 16-06473 LIBER: D00012881 PAGE : 757 District: Section: Block: Lot: 1000 095 .00 01 . 00 011 .002 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 $0 .00 NO RPT $200 .00 NO Transfer tax $0. 00 NO Comm.Pres $0.00 NO Fees Paid $400 . 00 TRANSFER TAX NUMBER: 16-06473 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County RECORDED Number of pages 2016 Sep 28 03:03:07 PM ,,— JUDITH_A..-P.ASCALE _. CLERK OF This document will be public SUFFOLK COUNTY record.Please remove all L D00012981 Social Security Numbers P 757 prior to recording, D7# 16-06473 Mortgage x Stamp Recording/Filing Stamps Deed/Mortgage Instrument Deed/Mort a e 7a 3 FEES ^ Mortgage Amt. .� Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Asst:. or EA-52 17(County) ,y Sub Total Spec,/Add,, P I ' T01" M TG TAX EA 5217(state) �/ R.P.T.S.A. c�cr I1y Dual Town Dual County Held for Appointment Comm.ofEd. 5. 00 TI'ansfcrTa�x �..�. �� Mar��slon Affidavit ........ . ... � Tax �� The property covered by this mortgage Is Certified Copy _ or will be Improved by a one or two a 15. 00 �, family dwelling only. NYS Surcharge Sub Total -L _ _ YES or NO Other %. ' Grand Total Ut lJ 5-- If NO, see appropriate tax clause on page H of this Instrument. =4D1st. 10C 16029670 1000 09500 0100 011002 2 5 Community Preservation Fund Real ° �` Iliifll�lillilllliillllli�i�1111C®nsldorati®n Amoua nt$ Tax Service RsMl illlllillIllliil� Ci x 1ueAgency Verification U__ _ Improved 6 Satisfactlons/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land 11�v McNulty-Spiess, P.C. TD._„-,..,,j, 214 Roanoke Avenue TD P.O. Box 757 Riverhead, N.Y. 11901 TD-, Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co,Name le=);f 1655wr u.& __.. _ Title B ` www.suffolkcountyny.gov/clerk Old 8 Suffolk County Recording & Endorsement Pie This page forms part of the attached Bargain and Sale Beed made by: (SPECIFYTYPE OF INSTRUMENT) John C. Biggane The premises herein is situated in Margaret G. BigganeSUFFOLK COUNTY,NEW YORK. TO In the TOWN of ,.,_... .Southold John C. Biggane � ............__... � _�_._.._. In the VILLAGE Margaret G. Bi ane or HAMLET of—.,-Cutchoguemm m+ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. �.... _..., over? •V,.r .- Otandard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made theO�Sd' ay of JULY,2016, BETWEEN JOHN C,BIGGANE and MARGARET G.BIGGANE,his wife,residing at 168 Euston Road,Garden City,New York, 11530, party of the first part,and JOHN C.BIGGANE and MARGARET G.BIGGANE his wife,residing at 168 Euston Road,Garden City,New York, 11530, party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten and 001100($10.00)---- �.. --Dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed dated June 3, 2000, which was recorded in the Office of the Clerk of the County of Suffolk on August 9, 2000 in Liber 12061 at page 858, in accordance with a Lot Line Modification approved by the Southold Town Planning Board for Lots identified by SCTM Nos. 1000-095.00-01.00-011.002; 1000-083.00-01.00-033.000; and 1000- 083.00-01.00-034.000. The Southold Town Planning Board approved this Lot Line Modification by Resolution on March 8'h,2016. SUFFOLK COUNTY TAX MAP NO. 1000-095.00-01.00-011.002 Premises: No#Oregon Road,Cutchogue,N.Y. 11935 TOGETHER with all right,title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be Construed as if it read "parties'when ever 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: IIN C.BIGGANE MARGA ET G. IGG NE TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE, State of New M1-1. County of SUFFOLK Ss: State of New York,County of SUFFOLK ss:, Onthe 0� �of � in the year 2016 before me,the undersign ,perso ally appeared On the day of in the year JOHN C.BIGGANE and MARGARET G.BIGGANE before me,the undersigned,personally appeared personally known to me or proved to me on the basis of , satisfactory evidence to be the indivldual(s)whose name(s)is personally known to me or proved to me on the basis of (are)subscribed to the within instrument and acknowledged to satisfactory evidence to be the individual(s)whose name(s)is me that he/shehhey executed the same in his/her/their (are)subscribed to the within instrument and acknowledged to cap y ). and that by his/her/their signatures) on the me that he/she/they executed the same in his/her/their I rum the individual(s),or"strul. if of which capacity(les), and that by his/her/their signature(s) on the if e indi Ic al(s)ac ra,executeinstrument,the individual(s),or the person uponbehalf of which the individual(s)acted,executed the instrument. (si ature and office of inledgment) ATHLEE'N A. COLLINS (signature and office of individual taking acknowledgment) OT PUBLIC, STATE OF NEW YORK NO. 3308529 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES DEC. 31, 20-01 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE " State(or District of Columbia,Territory,or Foreign Country)of ss: County of_.. On the day of December in the year, before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature on the instrument, the individual, or the person upon behalf of which the Individual acted, executed the instrument, and that such Individual made such appearance before the undersigned in the in (insert the City or other political 'F— Viand insert the State or Count or other lace the acknowledgment was subdivisioCountry p g taken) (signature and office of individual taking acknowledgment) 95.00 BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK 01..0000 LOT 011.002 Title No. COUNTY/TOWN 1000 NO#OREGON ROAD JOHN C. BIGGANE and MARGARET G.BIGGANE, HIS WIFE, C. BIGGANE and MARGARET G.BIGGANE, Recorded at Request of HIS WIFE, COMMONWEALTH LAND TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by McNULTY-SPIESS, P.C. 214 Roanoke Avenue IV Commonwealth P.O.Box 757 AI—A,mmw Cew&w Riverhead, NY 11901 COMMONWEALTH LAND TITLE INSURANCE COMPANY U LL O Z O fY O O W L6 0 O W y O W U Q a N SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point along the northerly side of Oregon Road where the sane is intersected by the easterly line of land to be herein described, said point being also 525 feet more or less westerly along the northerly side of Oregon Road from the corner formed by the intersection of the northerly line of Oregon Road and the westerly side of Duck Pond Road to the true point or place of BEGINNING; RUNNING THENCE South 53 degrees 31 minutes 10 seconds West along the northerly side of Oregon Road, 70.33 feet to a point at the southeast corner of land now or formerly of Alex Domaleski and Stella Domaleski; RUNNING THENCE along the easterly and northerly lines of above said land the following three (3) courses and distances: (1) Northeasterly along the arc of a curve to the left having a radius of 20.00 feet and a length of 31.73 feet to a point; (2) North 37 degrees 22 minutes 40 seconds West, 342.91 feet to a point; (3) South 52 degrees 53 minutes 50 seconds West, 295.09 feet to a point along the easterly line of land now or formerly of Marie Sara. Garvey Thompson; RUNNING THENCE North 37 degrees 06 minutes 10 seconds West along the easterly line of above said land, 2608.73 feet to a point; RUNNING THENCE North 74 degrees 35 minutes 22 seconds East 315.37 feet to a point on the westerly line of Lot 13 as shown on a certain map entitled "Map of Birch Hills", filed in the Office of the Clerk of Suffolk County on July 19, 1967 as File No. 4908; RUNNING THENCE four (4) courses and distances along the westerly lines of the aforementioned Lot 13, and land now or formerly Duck Pond Road Associates, LLC: (1) South 37 degrees 33 minutes 40 seconds East 240.55 feet to a point; (2) South 37 degrees 52 minutes 10 seconds East, 1876.23 feet to a point; (3) South 42 degrees 29 minutes 20 seconds East, 260.73 feet to a point; (4) South 37 degrees 22 minutes 40 seconds East, 479.75 feet to the point or place of BEGINNING. SUBJECT TO a non-exclusive 25 foot wide right-of-way for the benefit of access to the two (2) premises to the North from Oregon Road, and for the installation of utility equipment, the easterly line of said right-of-way being described as follows: BEGINNING at the southeast corner of the above described premises, at the true point or place of beginning on the northerly line of Oregon Road; RUNNING THENCE along land now or formerly of Duck Pond Road Associates, LLC and Lot 13 as shown on a certain map entitled "Map of Birch Hills" filed in the Office of the Clerk of the County of Suffolk on July 19, 1967 as File No. 4908, the following four (4) courses and distances: 1. North 37 degrees, 22 minutes, 40 seconds West, 479.75feet; 2. North 42 degrees, 29 minutes, 20 seconds West, 260.73 feet; 3. North 37 degrees, 52 minutes, 10 seconds West, 1876.23 feet; and 4. North 37 degrees, 33 minutes, 40 seconds West, 267.55 feet. INSTRUCTIONS(RP-5217-PDF-INS):www.orps.state ny.us „ FOR COUNTY USE ONLY � New York State Department of C1.SWIS Cod. Taxation and Finance C2.Date Dood RecordedOffice of Real Property Tax Services RP-5217-PDF C3.Book ( C4.Page Real property Transfer Report(6110) PROPERTY INFORMATION I.Property NO 0 OREGON ROAD Location ...._.. •maetnawvaeR •sT+sen nuvu (CUTCHOGF) SO1.11HOID CU:CHOGUE 11935 •anr'rra T{hm'U al{Aoa --� 'LPCOe! 2.Buyer BIGGANE JOHN C. Name —- • tNOT KVINK BIGGANN MARGARET G. WT nAnncoUPAW 5UTWIMP 3.Tao In moo whore$upsets Tax aft aft,tohe Boast Address ss d other than buyer eddroo siel ba tom of form) tier NrarE oCw ra• rest issue eTREEr NUMMRMDaWE Grt101TOMr OTATE z1 Gee! 4.Indicate The number of Assessment i1:1Ped Of a Parcel (Only If Part oft ParnO Check so they apply: transferred parrtransfed on the dead N Of Palm OR 4A.Planning Board win Subdnaion Authority EMato O 5.Deed \ oft ' 411.Subdivision Approval was Required for Trsnver, Property 'FRONT FarT •CearX I Size 4C.Parcel Approved for Subdmslon wdh Map Prodded BIGGANE JOHN C. a.sailor •w*wwFr..oNPaNr FAST 941e Name BIGGANE MARGARET G. WT WwB+T:CAVIA Y FI IYAwK •7.Select the description which mon occurotely describes the Check the boxes below es they apply: use of we properly at the time of siI a.Ownership Type is Condominium I. 1'.Agricultural S.Now Cons motion on a Vacant Land � -- 10A.Property Located wWM an Agrkullurel Duhia 11111.Buyer received a disclosure nodes Indicating that the property to In an ❑ Otpoc'ultural INsidd; S d.0 ONf'OftMATPON 51 Check ono or more (hoax condtdraaa as appdcatdo to aensfro; A.Sale Between Rela9vos or Former Reladves 11.Bab Contracl Data B.Sole between Related Compamas or Partners at Business C one o1 the Buyers is deo a Seller 07/2'a/20115 r"— D Buyer or Seger Is Government Agency or Lending Institution 1Z Data of SaldTranefer E.Dead Type not Warranty or Bargain and Sale(9pecnry,Below) F° Gale of Ftocloaal Or Less then Fee Iaiontio(Spedly Below) •13.Full Safe Price 0.Ilii G.Stip tArI Chavge.In Property Between Tamable Snafus and Sale Dales H.Get.et Bvel.is 110e100 iO Solo IIIka. (Full Sale Price Is the told amount pad for the property Including personal property. I.Other Unu"Forton Affecting Sale Puce ISperily Sales) This payment may be In the form of cash,other property or goods,of the assumption of -` j Nine mortgages or other obligations)Phrase round to the nearest whop dollar omimt Commsm(s)on Condition: 14.Indicate the value of personal 0 ,INI property Included In the safe ASSESSMENT INFORMAT)0!N-Data shotuki rolled the latosf Rnat Assmssmont ROTI stud lax 0'ft 16.Year of Assessment Roll from which Information toksn(YYI 16 '17.Tonal Assessed Value +900 '16,Property Class 120 _ •19.School District Name MATTITUCK-CUTCHOGUE '20.Toa Map ldentiilerlayRoil IdentiMria)tlf more than four,attach sheat with additional IdentiDar(s)) 1000-095.00-01.00-011.002 CER"rIP1C'A"t"(ON I Cart�*'KnantOfinml allof the items of hrfMrrroatlorT entorod on tu}o.farm ane tract and correct(to 1ha best of my knowlmdge acrd bellef)and I understand that the making of any willful falselal fact harelosu'b)act m'B 10 Ik..@Il .hwilL.0fJf1g SY,releltva tO the mahtng and I111of fa se Instruments. �1La1 BUYER CONTACT INFORMATION rtorrosan'uatwo"or.. ua.If ower is LLC.50I asracoauarpo'Nwn pia wvcorriwV aai B :r Lam p dell:or rats dh.al sears o^434'art.ow a name atm]coque IPI on or#I Ind r iwaA ooDMIAto 4 a rovy soda ravro.nm"01 ampyun rV u4n alnYiwlac rdaawa.a arwac 7yipe or ywlul drop 1y; o[tta5JrlaWr _ twMht BIGGANE JOHN C. BUYER SIGNATURE .„„.„.-.�.._.. ^�rlrMwa. near vMrBB' ,M I 1115-36?a --^- '""• l•�N•'� .kpyw.PV.+G[KNe. 'TEIEFI MUNBEA IEraMMNI ' '• Ar '�'PAlkdaa Gro 166 _ LUSTON ROAD ... _all pk�W�Ba _. "B9RyWp Ny 11330 V ”•c••r oa Torn. S-A*[ 17 cDD[ BUYER'S ATTORNEY I I SPT3SS JAMES b.. LII&I'Wil r Rai WIVE i fr31; 727-6".(10 APi[A Voda rr1En,DNe rAaBrn ter MOM)...... .� ............. IFT Submission Without a Cover Letter J UN 0) 2�,lk�� ��Zijca Taw Sender: ai Subject: I-ed C-� 3 14 SCTM#: 1000 - 83 — — 33 Date: (p q I �Q Comments: °J '. p.: d' yrJl 'i. . .P Deed/Mortgage Tax Stamp Recording/Filing Stamps FEES Mortgage Amt. .—......... 1.Basic Tax 200 2. Additional Tax Sub Total __.......... .._ _. _._ Spec./Assit. or Sub Total`County) ,.. _.., — �4v Spec./Add. . TOT.MTG.TAX......... .. __.._...__........ .._........ .. Dual Town Dual County Held for Appointment =,f _ s - Transfer Tax S Qp �. rCzi� The property covered p Mannon Tax � ..... . by this mortgage is or will be improved by a one or two MIT family dwelling only. . .� .15. ,0g. Sub Total ..m.. 1 YES or NO If NO, see appropriate tax clause on Grand Total ppro p page# of this instrument. utl, Community Preservation Fund Co 1 sideration Amount _.__... - DTY ,I I � I� I�I fl III I III IIII IIII fIl CPF Tax Due cat=, 8 APR-iiat _....w_...,. Improved y fae4ions/Diischarges/Releases List Property Uwners fvianrng aararess k � RECORD &RETURN TO: Vacant Land 'N u`.tv-Spiess, R.C. TD := Roanoke Avenue `--ad, NY' 11901 TD Ta.......... ................... ...m,.__.....�. to: Judith A. Pascale, Suffolk County Clerk 7 Title Company In 310 Center Drive, Riverhead, NY 11901 Co.Name Bridoe Abstract LLC, www.sufiolkccuti'Lyny.gov,,,'--Ierk Title# BRG#l6-1 t09 Suffolk CouDt ® Endorsement d TRecording & ge EA-S2 17(County) Sub Tota I Dual Town Dual County Held for Appointment Mansion Tax Affidavit The property covered by this mortgage is t ifiet.rU­ 5 or will be improved by a one or two "__1 family dwelling only. 15. 00 Sub Total YES or NO Other Grand Total lb If NO, see appropriate tax clause on page# of this instrument. 4=Dist- !Of 5 Community Preservation Fund 3138618 Real Property/ 2; 4�" Tax Service F "73, Improved RECORD &RETURN TO: Vacant Land McNulty-Spiess,P.C. TD 214 Roanoke Avenue TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Bridge Abstract LLC Suffolk County Recording & Endorsement Page This page forms part nfthe attuchedI���azm1oout��nvm�aotuandf�eab�odona made by: (SPECIFY TYPE OFINSTRUMENT) ��__ The premises herein iosituated in SUFFOLK COUNTY,NBNY0RK. TO |nthe TOWN of _� _ |nthe VILLAGE orHAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. i DECLARATIONOF COV ANTS AND RESTRICTION'S DECLARATION made this Z`P day of 'Q'-!W ' 20L( by Ertan F. Yenicay, presently residing at 112 West 56th Street Apt. 16S New York, New York 10019, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on Town of Southold County J-�- my of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to re-subdivide said real property; and WHEREAS, for and in consideration of the granting of said re-subdivision application for tax map parcel numbers 1000-83-1-33, 1000-83-1-34 and 1000- 95-1-11-2, and as a condition of granting said approval, the Town of Southold ,-- —r s mat this OeclGration be recorded in the Suffolk 'VHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants e premises herein is situated in .. S">FFOLK COUNTY,I\IEW YORK. and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no further subdivision resulting in additional building lots; and 2. Any future lot line modifications must be reviewed and authorized by the Southold Town Planning Board. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. r The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: 3 By:,__.. .. „ ER'TAt FB. `�^`'I J: On this ay of Cs� , in the year 20 before me personally uknown to me or proved to me on the basis of appearedYiL IL i .� satisfactory evidence to be thN individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument.jhe individual, or the person upon behalf of which the individual acted, eecrle ,the,instrument. ' Notary Public N I JERSEY . 5000840e uiy... u o 21121 rM DELCNIA BURNS NOTARY G OF NEW JERSEY 50008400 m 4 1 2 ',-. , " b Tj —?n n--, 04, ' P1 4 Number of pages ITi-i A. Pi-r.'3 0F C'OUNTY This document will be public L DOOO 121861 record. Please remove all C." ,7 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax TP-S84 Sub Total Notation Spec./Assit. or EA-52 17(County).......... Sub Total Spec./Add. .......................... EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. 00 Held for Appointment Comm.of Ed. 5. 00 Transfer Tax .............. ............. Mansion Tax Affidavit The property covered by this mortgage is ,06i-tifled Copy IV, or will be improved by a one or two 11NI-Y-S,Surcharge 15. 00 family dwelling only. Sub Total YESor NO ............. Other If NO, see priate tax clause on Grand Total appro page#—of this instrument. 4 j Dist. 1000 CPrtinn MZI W) Dl—, 000 5 Community Preservation Fund Real Propetl/y� 3138617 64" Consideration Amount $ Tax Service Agency R F,DTY AII I���t���f�����t�����������������t���� CPF Tax Due $ ........18-APR 1 Verification Improved 6 Satisfact, manuig eworess RECORD &RETURN TO: Vacant Land McNulty-Spiess., P.C. TD 214 Roanoke Avenue Riverhead.NY 11901 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name Bricillye Abstract 1,LC www.suffolkcountyny.gov/clerk Titfe# BRG#16-1109 8 Suffolk County Recordhig & Endorsement Page j — EA-5217(State) TOT.MTG,TAX._ .. ...... Dual R.P.T.S.A. 17Held for Appointmwn 141 ent I County x y Comm.of Ed, 5. 00 `°uw Transfer Tax Affidavit , Mansion Tax 6rtified Coy'; : The property covered by this mortgage is or will be improved by a one or two g 15 Sub Total 0 µ , d family dwelling only. YES _or NO Other _m.._,. _.....� _w_......... Grand Total m If NO, see appropriate tax clause on page# of this instrument. 4 Dist. 1000 Sartinn osz nn Q�� �. �� --- 000 Community Preservation Fund Real Pro'�erL 38617 � t Tax Service Consideration Amount$ _ i �, 31 Verification ion RPDTY A." Agency 111111 IIIII IIIII IIIII IIIII IIIII III CPF Tax Due 18'-APf1-1 -°" Improved 6 Satisfact. ______, . , .., vv�rrcr s rvicnrni�ricrtxr'eS5 RECORD &RETURN TO: Vacant Land McNulty-Spiess, P.C. TD 214 Roanoke Avenue ...._.v_ . .....— Riverhead,NY 11901 TD TD_ Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company information 310 Center Drive, Riverhead, NY 11901 Co.Name Bridge Abstract LLC www.suffolkcountyny.gov/clerk Title# BRG#16-1109 8 Suffolk County Recot-dinge This page forms part of the attached Declaration of Covenants and Restrictions n madeby (SPECIFY TYPE OF INSTRUMENT) rIt,r,I C C3 ,„ �t and Mta r t an. ... ._...._ The premises herein is situated in SUFFOLK COUNTY,NEW YORK, TO In the TOWN of _._. .. In the VILLAGE m... _ or HAMLET of BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over . le DECLARATION 'OF COVENANTS AND RESTRICTIONS DECLARATION made this Z f day of ; �d °gin: , 2012, by John C. Biggane and Margaret G. Biggane, presently residing at 242 Cutchogue New York, 11935, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on 7i 01, C; Town of Southold, County �.,. . .. of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to re-subdivide said real property; and WHEREAS, for and in consideration of the granting of said re-subdivision application for tax map parcel numbers 1000-83-1-33, 1000-83-1-34 and 1000- 95-1-11.2, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no further subdivision resulting in additional building lots; and 2. Any future lot line modifications must be reviewed and authorized by the Southold Town Planning Board. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: JOHN C. B 10 K;��'TE MARGARET G. BIGGANE STATE OF NEW YORK ) COUNTY OF SUFFOLK) / On this.-5 qday of , in the ear 20 „ before me personally appeared :V pry. rc ` `Ir�ifi tdn � �d to me on the basis of satisfactory evidence to`° the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person up arl � behalf of which the individual acted, executed the i r iment. Notar Fubli � ANTHONY A DINELARIS Notary Public-State of New York NO.01D16316305 Qualified in Suffolk County My Commission Expires Dec 8.2018 4 " PX EN Submission Without a Cover Letter L'I"Goulhold N 225J Sender: J aC- @1 9 C ar\-R, � Subject: ( 5��'t �. Q �� �l er)I CC,�y J SCTM#: 1000 - Date: (� fa Comments: �.`�� II 111111 IIII 11111 IIIII IIIII I illl Illll Ilill IIIII Illl IIII I 111111 IIIII IIIN IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Recorded: 04/20/2016 >e of Instrument: DECLARATION At 03:04 :53 PM jbiler of Pages: 7 int Number : 16-0061261 LIBER' D00012861 PAGE: 304 Block: Lot: Section: 033 . 000 01 .00 083 . 00 EXAMINED AND CHARGED AS FOLLOWS I—�aived the Following Fees For Above Instrument Exempt Exempt $20 -00 NO $35 . 00 NO Handling NO q $5 . 00 b e/F�l�.n NO NYS SRCHG $0 . 00 NO $15 . 00 $0 . 00 NO Notation !P-584 RPT $600 .00 NO $5 .20 NO $680 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Uniform Acknowledgment Acts�< :-x g Grantor's -�- Fw�liCa �90� � � ' 'd Sale Deed,with Covenantt against airASt ......._ OONSi LT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of NOVEMBER, 2015, BETWEEN ERTAN F. YENICAY, residing at 112 West 56th Street, Apr. 16-S, New York, New York 10019, and JOHN C. BIGGANE and MARGARET G. BIGGANE, his wife, residing at 168 Euston Road, Garden City, New York, 11530 party of the first part, and ERTAN F. YENICAY, residing at 112 West 56th Street, Apt. 16-S, New York, New York, 10019, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($10.00) ------------------- -------------------------------------------------------------------------------------------- ---------------------_-_-____--_r_____________________________________________________________________________ ________--___ _ _____Dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AL1. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and l described as follows: l (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) BEING AND INTENDED TO BE the same premises conveyed to Ertan F,. Yenicay by Deed dated March 28, 2014 which was recorded in the Office of the Clerk of the County of Suffolk on April 8, 2014 in Liber '12769 at �( 00 page 914, together with other premises in accordance with a Lot Line Modification approved by the Southold Town Planning Board for Lots identified by SCTM Nos. 1000-095.00-01.00-011,002; 1000-083.00-01.00- 033.000; and 1000-083.00-01.00-034.000. 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 of 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, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever 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. (1 1111111 IIII 11111 IIIII 11111 VIII Illll VIII VIII IIII IIII NEENEEMENSIMEM 111111 IIIII 11111 IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 04/20/2016 Number of Pages : 7 At: 03 :04:53 PM Receipt Number : 16-0061261 LIBER: D00012861 PACE: 303 District: Section: Block: Lot: 1000 083 .00 01.00 033 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Ins r-ament Exempt Exempt Page/Filing $35. 00 NO Handling $20 .00 NO COE $5 .00 NO NYS S'R C F• G $15 .00 NO TP-584 $0. 00 NO Notation $0. 00 NO Cert.Copies $5 .20 NO RPT $600. 00 NO Fees Paid $680.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County M Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment •.. Form 3290 _ .. �. .... CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of NOVEMBER, 2015, BETWEEN JOHN C. BIGGANE and MARGARET G. BIGGANE, his wife, residing at 168 Euston Road, Garden City, New York, 11530, party of the first part, and JOHN C. BIGGANE and MARGARET G. BIGGANE his wife, residing at 168 Euston Road, Garden City, New York, 11530, party of the second part, D WITNESSETH, that the party of the first part In consideration of Ten and 00/100 ($10.00) - ---o -- paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, L"71� lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) BEING AND INTENDEIO 1"0 BE the same premises conveyed to the party of the first part by Deed dat(ed June 3, 200 , which was, recorded in Ilao Office of the Clerk of the County of Suffolk on August 9, 2000 in Liber 12061 at page 858, in accordance with a Lot Line Modification approved by the Scauthold Town Planning Board for Lots identified by SCTM Nos, 1000-095.00-01.00-011.002; 1000-083.00-01.00-033.000; artd 1000- ,l/ 083.00-01.00-034.000. 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 of 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, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has riot done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires IN WITNESS , the party of the first part has duly executed this deed the day and year first above written. i OFFICE LOCATION: MELISSA A. SPIRO ��� � Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiroC&town.southold.ny.us �' (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 p +� Facsimile(631)765-6640 "P �� ��� MAILING ADDRESS: P.O. Box 1179 „ .:: .. Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD 'P'6��✓iNt� AS .� 11 mwww To: Donald J. Wilcenski, Chairman Southold Town Planning Board TF.”, 25 2"0, i From: Melanie Doroski I TownPd ,Juu° Sr. Administrative Assistant Date: April 22, 2016 Re: BIGGANE — Lot Line Modification SCTM #1000-81-1-33, 34 & 1000-95.-1-11.2 In fulfillment of the condition set forth in paragraph "c" of Planning Board Resolution adopted March 7, 2016 granting Final Approval with Conditions pertaining to the Biggane Lot Line Modification, attached you will find a copy of the recorded Grant of Development Rights Easement dated March 29, 2016, as recorded in the Office of the Suffolk County Clerk on April 11, 2016 in Liber D00012860, at Page 133. cc: Jack Biggane w/o attachment SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 04/11/2016 Number of Pages : 23 At: 03 :46 :06 PM Receipt Number : 16-0055191 TRANSFER TAX NUMBER: 15-25470 LIBER: D00012860 PAGE : 133 District: Section: Block: Lot: 1000 095. 00 01 .00 011 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $931 ,370 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $115 .00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 .00 NO Notation $0 . 00 NO Cert.Copies $28 .75 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $388 . 75 TRANSFER TAX NUMBER: 15-25470 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of Iagt-'s This document will be public record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrurnent Deed Mortgage Tax Stamp Recoriding./Filing Stamps 3]_ FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 2. Additional Tax .......... TP-584Sub Total ...... . .. ........ ...... NotationSpecJAssit. ............................ or EA-52 17(County) ................ Sub Total Spec.(Add.._.........................................._.....___. EA-5217(State) .................................. ........ TOT.MTG.TAX .............. Dual Town Dual County— R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax I The property covered by this mortgage is Cortified copy r(I'difir", -1;), or will be improved by a One or two 15. 00 family dwelling only. OUU 10LUI ........... . ..... YES or NO Other Grand Total If NO,see appropriate tax clause on tyryry page# of this instrurnew V")ci 4 Dist.Id ovz 5 Cominunity Preservation Fund 3129600 1000 09500 0100 011002 Real Propert Consideration An�ount $ i a3l Tax Service T Ver Agencification oPR y (IRPDTY'-�'A CPF Tax Due $ 16) 11=i� Improved 6 Satisfactions/Dis6hdikes/R61eas6s List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land h01WRI, TD -1—OWAI OF Soa"104-8 kAAI,b Pes6exvanov d TD f 0, Boy /1'71 S,,arw", AfV 11971 TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Conivalt v Inforniation 310 Center Drive, Riverhead, NY 11901 CoNnrne r?1l)ETATY NATIONAL TI'rJ.'E www.suffolkcountyny.gov/clerk Title# */1/0 1/ eo 'Mly- 8 Suffolk Cqgnty Recording & Endorsement Pagg_ This page forms part of the attached (. 44,W-r of beWL-6,-Asyr 6600W 0450mc&-7- made by: (SPECIFY TYPE OF INSTRUMENT) )31aa#A(-- ^Wb ........ . The premises herein is situated in. . .... .... SUFFOLK COUNTY,NEW YORK. TO In the TOWN of ELI U 77-1-o k In the VILLAGE w or HAMLET of 7e--Mo_qiK 1lOX1-'!'.S 6"1 141W 8 Ml' s,'r i,,itz"rym�,j)cirtnzm,,rur) IN BLACKTNI(.ONLY PRIO)ZT0 RECOftDING Ok FILIN(,j, 12-0104J0108kk (nver) F-16 1 01 GRANT OF.,._DEVELPMENT RIGHTS SEM„LNC” THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of March, 2016 at Southold, New York. The panties ,are JOHN C. BIGGANE AND MARGARET G. BIGGANE, 168 Euston Road, Garden City, New York 11530 (herein called "Grantors"),, and the TOWN OF' SOU'THOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). INTR_QDUCTIO,N WHEREAS, Grantors are the owners in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-95-1-11.2 (hereinafter referred to as the "Property"), as more fully described in SCHEDULE A attached hereto and made a part hereof, and shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor, dated February 10, 2016, last revised March 3, 2016, (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C and Low-Density R-80 Zoning Districts of the Town of Southold; and WHEREAS, the Property contains a significant amount of soils classified as prime soils worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Grantors wish to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as a sod farm; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and 1 WHEREAS, Grantors and Grantee recognize the value and special character of the region in which the Property is located, and Grantors and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantors, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of NINE HUNDRED THIRTY ONE THOUSAND THREE HUNDRED SEVENTY AND 00/100 DOLLARS ($931,370.00), the remaining value of the easement so conveyed, if any, being and intended to be a charitable contribution by the Grantor to Grantee, and other good and valuable consideration paid to the Grantors, the receipt of which is hereby acknowledged., the Grantors do hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantors, their legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantors and Grantee for themselves, and for and on behalf of their respective legal representatives, successors and assigns, hereby covenant and agree as follows: 0..0.1.. Grantors' Warrant Grantors warrant and represent to the Grantee that Grantors are the owners of the Property described in Schedule A, free of any mortgages or liens, except as set forth in Fidelity National Title Insurance Services, LLC 2 Title Report F16-7404-100488-SUFF, which mortgage will be satisfied as of the date hereof, and possesses the right to grant this easement. 0__02 Grantee's St, tus Grantee warrants and represents to Grantors that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended to convey a development rights easement on the Property by Grantors to Grantee, exclusively for the purpose of preserving its character and its environmental, natural, scenic, agricultural, and aesthetic values in perpetuity by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 7._i e!err „men:tal c g.n�t�on New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code of 1986, as amended, ('"IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the Purpose of this Easement as set forth in Section 0.03 above. In order to aid in identifying and documenting the present condition of the Property's environmental, natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting such values as of the date hereof, to assist Grantors and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, 3 Grantee has prepared, with Grantors' cooperation, an inventory of the Property's relevant features and conditions (the 'Baseline Documentation"). This Baseline Documentation includes,, but need not be limited to, a survey prepared by Nathan Taft Corwin, III, Land Surveyor, dated February 10, 2016 and last revised March 3, 2016, and a Phase 1 Environmental Site Assessment dated January 28, 2016 by Cashin Associates, P.C. Grantors and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors' uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE DICE THE EASEMENT 1.01 Type This instrument conveys a development rights easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as said Chapters may be amended, and including the production, of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets law"), now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature 4 to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. " Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in Agricultural Production, including land in a fallow or otherwise idle manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. For purposes of this Easement, a , structure shall not include trellis, posts and 9, g wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and shall run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, ind shall extend to and be binding upon Grantors, Grantors' agents, tenants, occupants, heirs, personal representatives, successors and assigns, and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantors" when used herein shall include all of those persons or entities. Grantee shall,alsoobligations, t and interests herein granted o Grantors and/or deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantors and/or Grantee" when used herein shall include all of those persons or entities. 5 ARTICLE TWO SALE GRANTORS, for NINE HUNDRED THIRTY ONE THOUSAND THREE HUNDRED SEVENTY AND 00/100 DOLLARS ($931,370.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantors. ARTICLE..THREE PROHI.BITED.._ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and subject to all other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3..8 a r tron..-. tr-t .Rgmgma q l q, r aal �_l i i g- The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from .the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, oravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with sound agricultural practices, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 6 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §265, §276, §277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantors may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved land used for agricultural purposes and subject to a development rights easement or other conservation instrument. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon; (b) to temporarily advertise the Property or any portion thereof for sale or rent; (c) to post the Property to control unauthorized entry or use; (d) to aid visitors in interpreting the natural features and/or wildlife on the Property; or (e) by Grantee, with the prior written consent of the Grantors, to announce this Easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems (""utilities") on the Property shall be prohibited, except for utilities to service structures approved pursuant to §4.06 and subject to the prior written consent of the Grantee. 7 Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined, in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands and protected by a development rights easement or other instrument, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motocross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are used in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural practices and in order to control flooding or soil erosion on the Property. 8 3.1.0 Develo.iment„Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantors hereby grant to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided herein, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 3.11 Landscaping Activities Landscaping activities shall be conducted in accordance with Section 4.04 below. Under no circumstances shall the Grantors establish or maintain a Lawn on the Property. ARTICLE FOUR GRANTORS' RIGHTS 4.01.....Ownership Subject to the provisions of ARTICLE THREE, Grantors shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantors shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantors shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantors shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, and for educational or training programs related to agricultural production or activities. 9 4._04 CIIIutting of Timber;_ Landscaping The cutting, pruning or removal of trees, shrubs, or other vegetation on or from the Property is prohibited, except for the following purposes: (a) to clear and/or restore any tree, shrub, or other vegetation that is dead, damaged, diseased, destroyed or non-native and invasive; (b) to prune and/or selectively thin trees to create limited vistas and/or for grounds maintenance; (c) to manage and/or improve the significant relatively natural habitat on the Property, including by removal of invasive species; (d) as reasonably necessary for the conduct of those uses and activities expressly permitted by this Easement, including but not limited to constructing and maintaining those structures, expressly permitted by this Easement; (e) to clear the Property for agricultural production if, after the effective date, as further described in the Baseline Documentation, the Property has Iain fallow and was allowed to become wooded; (f) for the purpose of continuing the modes of landscaping exercised on the Property prior to and as of the Effective Date of this Easement as further described in the Baseline Documentation; and (g) to remove any hazard or other legal liability to persons, personal or meal property, or the Property and/or to persons or personal or real property of neighboring properties; provided, however, that any such activity shall require Grantee's prior written approval pursuant to Article 'Five below and must be conducted in accordance,with generally accepted best habitat conservation and forest management practices and the Purpose of this Easement. 4.05 Agricultural Production and Activities Grantors shall have the right to engage in all types of agricultural production as presently referenced in §247 of the General Municipal 'Law and/or defined in Chapter 165 and/or Chapter 70 of the Town Code, now, or as they may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said § 01(2)(a)-( ) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. Grantors may offer ""U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited 10 except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on lands protected by a development rights easement or other conservation instrument. 4..06,.......Structures A. Allowable Improvements. Grantors shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee., provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely to service the permitted structures, improvements and uses on the Property; Right of way along the easterly side of the Property, used to access existing residential lots to the north. New construction, provided such structures are necessary for or accessory to agricultural production; (iv) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure is consistent with this Easement; B. Conditions. To the extent practical, any permitted improvements shall be sited so as to avoid material impairment to prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the Purpose intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantors shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing 11 improvements or, improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location,, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Grantor's shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications. and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantors shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantors shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantors from further restricting the use, improvements or structures on the Property, including but not limited to imposing a conservation easement on the Property as that term is defined under the New York State Environmental Conservation Law, §49.0301, et seq., and/or IRC §1701(h). Any such further restrictions shall be consistent with and in furtherance of the general intent and Purpose of this Easement as set forth in Section 0.03. 12 ARTICLE FIVE GRANTORS' OBLIGATIONS 5.0....1_ Taxes and Assessments Grantors shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantors' right to grieve or contest such assessment. The failure of Grantors to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantors' actions or inactions, unless such injury is caused solely by Grantee's acts, and from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantors' obligations. 5.03 Third Party Claims Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising'solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ARTICLE-SEX GRANTEE'S .RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantors, and in a manner that will not interfere with Grantors' quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its Purpose and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantors to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantors shall not be liable for any changes to the Property resulting from causes beyond the Grantors' control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantors under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantors acknowledge and agree that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantors' part to be observed or performed pursuant to this Easement is not cured by Grantors within thirty (30) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantors with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve .and protect any of the agricultural values or otherwise to further the Purpose of this Easement), Grantee shall have the right at Grantors' sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and Purpose of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with, respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantors shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called ""Legal Expenses") in connection with any proceedings under this Section, as approved by the Court, in which Grantee prevails. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified U.S. mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantors shall be addressed to Grantors' address as recited herein, or to such other address as Grantors may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6 06 Extinguishment of Ea,seme._n_1Condmemnation At the mutual request of Grantors and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed to such an extent that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. If the condemnation is undertaken by Grantee, Grantors shall be entitled to the value of the Property reflective of the limitations of this Easement, and any condemnation award payable to Grantors shall be in proportion to the value attributable to the residual restricted value of the Property. If the condemnation is undertaken by an entity other than Grantee, then Grantors' award shall reflect the unencumbered condition of the Property as if the Property were not subject to the restrictions contained herein; however, a portion of such condemnation award shall be payable to Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUWS 7.01_.,Entire UU.nderstagOjag This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 " , 2 enOrnent This Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a' public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that the transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantors or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency or qualified organization that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantors' activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 17 New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the Purpose of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its Purpose. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warrzinties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 18 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7..11 ._Acknowl,edgment of.Charitable _Contribution. The parties recognize that Grantor intends to make a charitable contribution in connection with this Grant of Development Rights Easement. IN WITNESS WHEREOF, Grantors have executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACK WLEDGED AND ACCEPTED: ]o Biggan Gran or Margaret G"igg C Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: ....... .... Scott A. Russell, Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK), SS. On the - day f March in the year 2016 before me, the undersigned, personally ,appeared,john O Biggane, personally,known to me or proved to me on the basis of satisfactory evidence to be the Individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signatur%ftice of individual taking acknowledgement MMICIA L. FALLON r Notary Publir st t of NowYork STATE OF NEW YORK) COUNTY OF SUFFOLK), SS: On the day of March in the year 2016 before me, the undersigned, personally appeared Margaret G. Biggane, 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 her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. w Signatur%fce of individual taking acknowledgement PATRICIA L. FALLON !Votary Public, State Of Now York STATE OF NEW YORK ) No. 01 FA4950146 Qualified In Suffolk County COUNTY OF SUFFOLK ) SS. ire Commission Expires AprN4, ,b i 9 h On this+ day of March in the year 2016 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Sign Lure/office of individual taking acknowledgement LAUREN M- STANDISH fiery Public,WSW Of N dr o. QST 1 usilfie in Suffolk C�Ommissian E'Vires April 9, 5 20 lFidelity NationalTitleCompany y �. Title No F16 7404-100488 SUFF Polis No: NY-FRVH-SAM-2730632-1 16 100 ®e� ,w _....... _.._..... ._,... _.— SCHEDULE A-1 Description Amended 03/17/2016 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a monument set in the northwesterly side of Oregon Road distant 525 feet more or less southwesterly as measured along the northwesterly side of Oregon Road froni the intersection of the northwesterly side of Oregon Road with the southwesterly side of Duck fond Road and said point or place of beginning being the intersection of the southwesterly corner of land now or 11)rrneriy of'Duck Pond Road Associates, LLC and from said point of beginning; RUNNING THENCE along the northwesterly side of Oregon Road South 53 degrees 31 minutes 10 seconds West, 70.33 feet; THENCE along land now or formerly of Domaleski the following three(3)courses and distances: 1)Northeasterly along the arc of a curve bearing to the left having a radius of 20.00 feet, a length of 31.73 feet; 2)North 37 degrees 22 minutes 40 seconds West,342.91 feet; 3) South 52 degrees 53 minutes 50 seconds West, 295.09 feet to land now or formerly of Marie Sara Garvey Thompson; THENCE along said land North 37 degrees 06 minutes 10 seconds West, 2608.73 feet; THENCENorth 74 degrees 35 minutes 22 seconds East, 288.38 feet; THENCE North 37 degrees 33 minutes 40 seconds West, 27.00 feet; THENCE North 74 degrees 35 minutes 22 seconds East, 26.99 feet; THENCE along map and land now or formerly of Duck Pond Road Associates, LLC and along the easterly side of a 25 foot right of way South 37 degrees 33 minutes 40 seconds East, 267.55 feet and South 37 degrees 52 minutes 10 seconds East, 1876.23 feet; THENCE South 42 degrees 29 minutes 20 seconds East, 260.73 feet; THENCE South 37 degrees 22 minutes 40 seconds East, 479.75 feet to the northwesterly side of Oregon Road,the point or place of BEGINNING. Schedule A-1(Description) Owner's Policy Page 2 Rev.(02/04) w , I ; � 4 u` NY u� j N. �P rc�nr ��lu tl I u p^1 � I j1 �4 qs 'IVs u" { rye,, I4 � tl �, qurv, d' P,Wthan Talo ciiirwh i1181 Land w"°runiay&",D" OFFICE LOCATION: � '� �, MAILING ADDRESS: Town Hall Annex � � so P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) , Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov CO U PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant March 7, 2016 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 Biggane and Yenicay SCTM#: SCTMs#1000-83-1-33 & 34; 1000-95-1-11.2 Location: 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) N o (X) Description of Action: This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &A-C Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 18.59 acres located on SCTM 1000-95-1-11.2. 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. page 2 of 2 Biggane and Yenicay Negative Declaration March 7, 2016 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: 1. 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. 2. 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. 3. 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. 4. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. 5. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 6. No major change in the use of either the quantity or type of energy will occur. 7. No creation of a hazard to human health will occur as a result of this lot line change. 8. 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. 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 Agency Use Only [If applicable] Project: Date: Short_Environmental Assessment Form _Part 2 -Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 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?„ ....� .� .�. _._. ......... _ .... .. ............... ............._.� o N ,or to Modera , Jism mall to large pact impact may may occur occur 1. Will toposed action create a material conflict with dui adopted land use plan�o -- ��� � � c l p or zoning regulations? � 2. Will the proposed action result in a chane in the u ---__ g se or intensity of use of land? El 3. Will the prop osed action impair the character or quality of the existing communit �� .m..n _— _ �.....m... p q Y g Y? ... 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. proposed J adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? ro .,. ... __. --- ......... ----- 6, Will the proposed p p action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? �. ._.W..,,, �.r,m_.. ....... ......r.... ..... _ _—.- 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 2 8 proposed character or qualityof important historic,archaeological, architectural or aesthetic resources?_ _ proposed action result in an change to natural resources( �� waterbodies,groundwater, e.g., wetlands, � �� dwater,air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential ������� n _____ _ p p p ntial for erosion,flooding or drainage pro Will 11. the proposed action create a hazard to environmental resources or human health? _ _ PRINT FORM Pagel oft AgeiP Use Only If applicablel' !IE! Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that wdas answered"moderate to large inip act 11lay occt1r,,,or if there is ai rice(i to explain wily a particular element ofthe proposed action may or will not result in as significant adverse environmental i'llpacl, 1')Iwlse complete Part 3.Part 3 should,in sufficient detail,identify the impact,incitl(liy1g,aIny nieasures or design eienlerl(s,that have been included by the projJect sponsor to avoid or reduce impacts. Part 3 should also explain ho-w the lead agency determined that the impact may or will not be significant.Each potential impact shot0d 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. MO(C .....................I..........................large ECheck this box if you have'determined,based on the informationand analsis aboveand any supporting documentation, l that the proposed action mayresultin one or more potentially or significant adverse impacts and an V' .ronmental impact statement is required. K3Check 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 Date prin or Type Name offfespons c Gifflicer in Lead Agency Title of'lesponsiblc Officer Preparer(if different from Responsible Officer) Signattire of'responsible Officer in Lead Agency ................ ...........-.111111–-1................ ...........— ...... ................ ........... PRINT FORM Page 2 of 2 Southold Town Planning Board Work Session — March 7 2016 - Page 3 Project name_ : Oregon Landing II Subdivision SCT #:M 1000-95-1-5 Location: on the n/s/o Oregon Road, approximately 135 w/o Alv C ' ah's Lane, in utchogue Description: Conservation Subdivision of a 32.73-acre parcel into 5 lots (23.75 ac. 1. reserved farmland,)Status: Final _ Action: Discuss Approval ... r amending easement. Attachments: None Modification 11 2 Project Name: Biggane & Yenicay Lot Line SCTM#: 1000-83-1-33 & 34 95-1- . _ Location: 8865, 8869 and 8871 ,Oregon Roadon the g north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue. Description.,__ . This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 & A-C Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 1 18.59 acres located on SCTM#1000-95-1-11.2. Status: ; Pending . ......� Action: Review for SEAR & FinalApproval with conditions _ Attachments _ e.. Staff Report . Discussion: ❖ ZBA request for comments re: North Fork United Methodist Church, SCTM#1000- 63-1-15, 43960 CR 48, Southold ❖ ZBA request for comments re: Alfred J. Terp Jr., SCTM#s1000-102-5-3 & 4 & 102- 5-9.6, 28145, 28195 & 28205 Route 25, Cutchogue ❖ Draft Planning Department Monthly Report for February 2016 Soutnold Planning Department Starf Report Subdivision Application Work Session Review Date March 7, 2016 Prepared By: Aly Sabatino I. Application Information Project Title: Jack Biggane Applicant: John C. Biggane Date of Submission: November 2, 2015 Tax Map Number: 1000-95-1-11.2, 1000-83-1-33 & 34 Project Location: Oregon Road Hamlet: Cutchogue Zoning District: R-80 & AC II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 23.7 acres (3 lots) # of Lots Proposed: NA III: Action to review Review for Final Approval with Conditions IV: Analysis • This lot line modification is proposing to transfer 1.15 acres. (50,050 sq. ft.) from SCTM 1000-95-1-11.2 (farm lot) to SCTM# 1000--83-1-33 & 34 (2 lots against sound). The reason for this lot line modification to correct an existing non- conforming driveway area. • The Planning Board has reviewed this project with the knowledge that the application includes rectifying the encroachment of two existing driveways on Parcel 3, before the sale of development rights to the Town can take place. Based upon this comprehensive review and basis for the application, the Planning Board should not approve the application until the development rights have been preserved though an easement that is held by Southold Town. • The public hearing was held and closed on February 22, 2016 with no comments. • The Planning Board at their February 22, 2016 work session agreed, for ease and clarity of future access, to reduce the length of the flag on the east side of Parcel 2 by approximately 750 square feet. This would allow both Parcel 1 and Soutiiold Planning Department Stair Report Parcel 2 to have direct access to the approved 25-foot wide right of way. This would eliminate the need for an access agreement. • The following items must be revised to accomplish this reduction in the length of the flag on Parcel 2: a. The map must be revised to show the design change (as described above). o Submitted as requested. b. The map must be revised to show the metes and bounds of the new area to be transferred from Parcel 2 to Parcel 3. o Submitted as requested. c. The map must show the re-calculation of the Area Data Table as area will be transferred from Parcel 2 and Parcel 3. o Submitted as requested. d. Revised schedules must be submitted with the metes and bounds descriptions for Parcel 2 and Parcel 3, as these areas have changed due to the design change. o Submitted as requested. V: Staff Recommendations Recommend issuing Final Approval with conditions at the March 8, 2016 Public Meeting. The recommended conditions are as follows: a. File with the Office of the Suffolk County Clerk the approved Covenants and Restrictions stating no further subdivision of Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34). Failure to file the Covenants and Restrictions will result in the Planning Board's approval of the re- subdivision being null and void. b. Submit a copy of the recorded deed showing the change in lot lines 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. c. Submit a copy of the recorded Deed, Deed of Development Rights, or Conservation Easement providing evidence that the required amount of open space has been protected from future development and shall be submitted to the Town of Southold Planning Department within six (6) months from the date of Final Approval. Failure to do so will result in the Planning Board's approval of the re-subdivision being null and void. 2 Phi t-E-U IXA r AS Submission Without a Cover Letter imMulmw,µ�ip Sender: 2:>k �V C�A'� lafl Subject: q 4- qzk-1(-"A V,6-` � ti.,Q, S CTM#: 1000 - �� — -?j3 3 i ` �_ — 1 . 2- Date: ZDate: l ' Comments: o (C) L/6+ Ck r\, Q 11�Y U Cox\ V) C\A-V\JS New W(f 3 New Parcel 2 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the northerly line of land now or formerly of John C. Biggane and Margaret G. Biggane, where the same is intersected by the easterly line of land to be herein described, said point being the following Five (5) courses and distances from the corner formed by the intersection of the northerly side of Oregon Road and the westerly side of Duck Pond Road: (1) 525 feet±westerly along the northerly line of Oregon Road to a point at the southwest corner of land now or formerly of Duck Pond Road Associates, Inc.; (2) North 37 degrees 22 minutes 40 seconds West along the westerly line of above said land, 479.75 feet to a point; (3) North 42 degrees 29 minutes 20 seconds West along the westerly line of above said land, 260.73 feet to a point; (4) North 37 degrees 52 minutes 10 seconds West along the westerly line of above said land, 1876.23 feet to a point at the southwest corner of Lot 13 as shown on a certain map entitled"Map of Birch Hills", filed in the Office of the Clerk of Suffolk County on July 19, 1967 as File No. 4908; (5) North 37 degrees 33 minutes 40 seconds West along the westerly lines of Lot 13, 267.55 feet to a point and the true pint or place of BEGINNING; RUNNING thence the following three (3) courses and distances through land now or formerly of John C. Biggane and Margaret G. Biggane: (1) South 74 degrees 35 minutes 22 seconds West, 26.99 feet to a point; (2) South 37 degrees 33 minutes 40 seconds East, 27.00 feet to a point; (3) South 74 degrees 35 minutes 22 seconds West, 288.38 feet to a point along the easterly line of land now or formerly of Marie Sara Garvey Thompson; RUNNING thence North 37 degrees 06 minutes 10 seconds West along the westerly line of above said land, 771.93 feet to a point along the apparent high water mark of Long Island Sound; RUNNING thence North 74 degrees 34 minutes 30 seconds East along a tie line along the apparent high water mark of Long Island Sound, 151.52 feet to a point along the westerly line of land now or formerly of Jose Suquet; RUNNING thence the following two (2) courses and distances along the westerly line of above said land and through land now or formerly of John C. Biggane and Margaret G. Biggane; (1) South 37 degrees 40 minutes East, 747.47 feet to a point; (2) South 74 degrees 35 minutes 22 seconds East, 130.18 feet to the point or place of BEGINNING New Parcel 3 ALL that certain plot, piece or parcel of land, situate lying and being at Cutchogue, Town of Southold, County of Suffolk and the State of New York, more particularly bounded and described as follows: BEGINNING at a point along the northerly side of Oregon Road where the same is intersected by the easterly line of land to be herein described, said point being also 525± feet westerly along the northerly side of Oregon Road from the corner formed by the intersection of the northerly line of Oregon Road and the westerly side of Duck Pond Road to the true point or place of BEGINNING; RUNNING thence South 53 degrees 31 minutes 10 seconds West along the northerly side of Oregon Road, 70.33 feet to a point at the southeast corner of land now or formerly of Alex Domaleski and Stella Domaleski; RUNNING thence along the easterly and northerly lines of above said land the following three (3) courses and distances: (1) Northeasterly along the arc of a curve to the left having a radius of 20.00 feet and a length of 31.73 feet to a point; (2) North 37 degrees 22 minutes 40 seconds West, 341.91 feet to a point; (3) South 52 degrees 53 minutes 50 seconds West, 259.09 feet to a point along the easterly line of land now or formerly of Marie Sara Garvey Thompson; RUNNING thence North 37 degrees 06 minutes 10 seconds West along the easterly line of above said land, 2608.73 feet to a point; RUNNING thence the following three (3) courses and distances through land now or formerly of John C. Biggane and Margaret G. Biggane: (1) North 74 degrees 35 minutes 22 seconds, East 288.38 feet to a point; (2) North 37 degrees 33 minutes 40 seconds West, 27.00 feet to a point; (3) North 74 degrees 35 minutes 22 seconds East, 26.99 feet to a point along the westerly line of Lot 13 as shown on a certain map entitled"Map of Birch Hills", filed in the Office of the Clerk of Suffolk on July 19, 1967 as File No. 4908; RUNNING thence four(4) courses and distances along the westerly lines of Lot 13, and land now or formerly Duck Pond Road Associates, LLC: (1) South 37 degrees 33 minutes 40 seconds, East 267.55 feet to a point; (2) South 37 degrees 52 minutes 10 seconds East, 1,876.23 feet to a point; (3) South 42 degrees 29 minutes 20 seconds East, 260.73 feet to a point; (4) South 37 degrees 22 minutes 40 seconds East, 479.75 feet to the point or place of BEGINNING. OFFICE LOCATION: /I MAILING ADDRESS: Town Hall Annex " so P.O.P.O. Box 1179 54375 State Route 25 , Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) a Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 2016 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 Re: Proposed Lot Line Modification for Biggane & Yenicay SCTM#1000-83-1-33 & 34 and 1000-95-1-11.2 Zoning District: R-80/AC Dear Mr. Biggane: The Southold Town Planning Board reviewed the above-referenced application at their February 22, 2016 Work Session and agreed to the following: 1. A Covenant and Restriction is required that prohibits further subdivision of Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34). Please see the attached draft Covenants and Restrictions. There is a separate Covenant and Restriction document for each lot as each is owned by a different property owner. 2. The Board has agreed to reduce the area of the flag on the east side of Parcel 2 by approximately 750 square feet. This would allow both Parcel 1 and Parcel 2 to have direct access to the approved 25 foot wide right-of-way, and eliminating the need for an access agreement. The following items must be revised and submitted to this office to accomplish the reduction in the length of the flag on Parcel 2: a. The map must be revised to show the design change (as described above). b. The map must be revised to show the metes and bounds of the new area to be transferred from Parcel 2 to Parcel 3. c. The map must show the re-calculation of the Area Data Table as the area will be transferred from Parcel 2 and Parcel 3. Big-q ane & Yenicay Page Two February 26, 2016 d. Revised schedules must be submitted with the metes and bounds descriptions for Parcel 2 and Parcel 3 as these areas have changed due to the design change. If you have any questions, please do not hesitate to contact this office,. Very truly yours, Alyxandra Sabatino Planner cc: Melissa Spiro, Land Preservation Coordinator OFFICE LOCATION: r .. MAILING ADDRESS: Town_Hall Annex � ` * P.O. Box 1179 54375 State Route 25 " � � Southold, NY 11971 �' +', (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov OU N,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 23, 2016 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 Re: Public Hearing Closed - Proposed Lot Line Modification for Biggane & Yenicay Located at 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, Cutchogue SCTM#1000-83-1-33, 34 & 1000-95-1-11.2 Zoning District: R-80/AC Dear Mr. Biggane: A Public Hearing was held on Monday, January 11, 2016 and February 22, 2016. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Southold Town Planning Board Work Session — February 22, 2016 - F.9e 2 r _ Project Name: Peconic Land Trust/The Farm SCTM#: 1000-55-1-11.3 Beyond LLC Greenhouse Location: 45025 CR 48, ±240' s/w/o CR 48 and Youngs Avenue, Southold Description: This approved Agricultural Site Plan Application is for the construction of j a 48' x 35' (1,680 sq. ft.) greenhouse for vegetable production and not open to the public on a 3.6 acre farm where the Development Rights are held by,Southold Town, in the Limited Business Zoning District, Status: Approved Pending Final 1„9spe9tion Action: Review comments from Final Inspection. Attachments Staff Report Project Name F ilipkowski Air, Inc SCTM# ( 1000-59-10-5 Location: 41250 C_R 48, Southold _ Description: This application is for the proposed construction of a 100' x 34' (3,400 pp p p ._ rv. sq ft.) steel building and contractors yard on 0.35 acres in the Limited Business Zoning Di,stnct. Status New Application Action Review revised proposal. Attachments: None Project name: New Suffolk Waterfront Fund SCTM# 1000-117 8-18 r Location 650 First Street, on the corner of Main Street and Fir11 st Street, New Suffolk ........ Description: This approved Site Plan is for the re-location, renovation and addition of 47 sq. ft. to the historic Galley Ho restaurant building, totaling 1,725 sq. ft., to include a 66-seat restaurant and 16-slip marina on 2.3 acres in the 3 M-11 Zoning District. _ Status: Approved Site Plan Action: j Review As Built Plan. Attachments: Staff Report Project Name: Biane & Yenica SCTM#:Biggane Y 1000-83-1-33 & 34, 95-1- 11.2 Location: 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue. Description: This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000- 95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 & AC Zoning Districts. _ Status: I Pending Action: Review application requirements. Attachments: Staff Report _ w Southold Planning Department Staff Report Subdivision Application Work Session Review Date February 22, 2016 Prepared By: Aly Sabatino I. Application Information Project Title: Jack Biggane Applicant: John C. Biggane Date of Submission: November 2, 2015 Tax Map Number: 1000-95-1-11.2, 1000-83-1-33 & 34 Project Location: Oregon Road Hamlet: Cutchogue Zoning District: R-80 &AC II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 23.7 acres (3 lots) # of Lots Proposed: NA III: Action to review Review for Final Approval with Conditions IV: Analysis • This lot line modification is proposing to transfer 1.15 acres. (50,050 sq. ft.) from SCTM 1000-95-1-11.2 (farm lot) to SCTM# 1000--83-1-33 & 34 (2 lots against sound). The reason for this lot line modification to correct an existing non- conforming driveway area. • The Planning Board has reviewed this project with the knowledge that the application includes rectifying the encroachment of two existing driveways on Parcel 3, before the sale of development rights to the Town can take place. Based upon this comprehensive review and basis for the application, the Planning Board should not approve the application until the development rights have been preserved though an easement that is held by Southold Town. • Existing area: Parcel 1 (East Sound Lot- SCTM 1000-83-1-35): 1.91 acres or 83,492 sq. ft. Parcel 2 (West Sound Lot- SCTM 1000-83-1-34): 2.06 acres or 89,821 sq. ft. Parcel 3 (Farm Lot- SCTM 1000-95-1-11.2): 19.72 acres or 809,230 sq. ft. Southold Planning Department Staff Report Area proposed to be transferred from SCTM 1000-95-1-11.2 (farm lot) to SCTM# 1000-83-1-33 & 34 (2 lots against sound) is 1.15 acres or 50,050 sq. ft. • Proposed area: Parcel 1 (East Sound Lot- SCTM 1000-83-1-35): 2.48 acres or 108,341 sq. ft. Parcel 2 (West Sound Lot- SCTM 1000-83-1-34): 2.64 acres or 115,012 sq. ft. Parcel 3 (Farm Lot- SCTM 1000-95-1-11.2): 18.57 acres or 809,230 sq. ft. V: Staff Recommendations 1. The public hearing was held at the January 11, 2016 Public Meeting and was held open due to a noticing error. No comments were received at the last public hearing. 2. The following items are recommended to be submitted for review and approval before Final Approval can be granted: a. A Covenant and Restriction is required that prohibits further subdivision of Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34). Please see the attached draft Covenant and Restrictions. There is a separate Covenant and Restriction document for each lot as, each is owned by a different property owner. These Covenants and Restrictions must be filed with the Office of the Suffolk County Clerk before final approval can be granted. b. The way the current application is designed, Parcel 1 must transverse over Parcel 2 in order to use the approved 25 foot wide right of way as access to Oregon Road. If the design is to stay the same, an access easement is required over this 750 foot square area to allow Parcel 1 access over Parcel 2. For ease and clarity of future access, it is recommended to reduce the length of the flag on the east side of Parcel 2 by approximately 750 square feet. This would allow both Parcel 1 and Parcel 2 to have direct access to the approved 25 foot wide right of way. This would eliminate the need for an access agreement. The following items must be revised to accomplish this reduction in the length of the flag on Parcel 2: 2 Southold Planning Department Staff Report i. The map must be revised to show the design change (as described above). ii. The map must be revised to show the metes and bounds of the new area to be transferred from Parcel 2 to Parcel 3. iii. The map must show the re-calculation of the Area Data Table as area will be transferred from Parcel 2 and Parcel 3. iv. Revised schedules must be submitted with the metes and bounds descriptions for Parcel 2 and Parcel 3, as these areas have changed due to the design change. 3 Submission Without a Cover Letter '2 CJ WOMOKA qWWI Sender: -.,�(3LL-:AC_ � , s�� ���d�w�Board Subject: l qO �� Ul VU SCTM#: 1000 - - I - --3 3 j 3 `4 , 9 I - • a Date: 1 a 3 1 I co Subm�+k-d � ,D[c)- PU tG h-P-OLYA r0� Comments: 6V< < r`045 FFi i"T OF IPOSTIING This is to serve notice that I personally posted the property known as s, ake 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 7hs 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 recor of everproperty hich abuts and every property which is across on ., I ... . ..... _ . Your Na e�(. rint) Sin t Pei 7 Olte L Address � ` .... _........... .v........._ Date . r ... ......�� Notary Public ,�4Vwk�wrol^�mi ,�,..ulUYdu»�I,: ,MrTr�owHwli�m w!n,w, SAMTA SINGH Notary Public -State of New York N0, 01SI6284606 Qualified in Nassau County My Commission Explres Jun 17 2017 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 2/5/16 M4 *****5&^Nr*****Asad*******dudes',*'***1**Fu*****°****rk*de*********Yi'***•****'*ntr*yi*,****h• *A^YrkSk' '�' rYe'r a tikMk'dC'k`Yh ^.r"^� ' Re: Proposed Lot Line Modification for Biquane & Yenicay SCTM# Continuation of 3 and 12 95 1 1 . 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T'aN I6¢p 4o e a midaarr�y� �a� c�Rt _ ..__,. , d , � AKUS -- - . .�- P s�^ ” (S¢ m w e ill N u ou - _.m a ■ Complete items 1,2,and 3. A. tame ❑Agent ■ Print your name and address on the reverse so that we can or ac the front freturnspace, n i ccand to you. pie _ ......... r r a ye rapt ct l llurerY k of the mail lece, � � s card .. • Aft rtic a Addlressed t o the ac . 1, dA y d r . a iNferm, from�,?,r If YES,enter delivery address below: [3No cm a►.c9-tna_- i o S I,d sr-d pq4-' � S 0 ■ Complete Items 1,2,and 3. 7APSignature0 AgetK ' ■ Print your name and address on the reverse l/11 r , 2. Aryl so that we can return the card to you. -Attach this card to the back of the mallplece, Revolved by(Printed e) C Date of Dell •ry SPS i"....t p�pen'nit% h -VI e C�t 1 Article Addressed to.� or on the front if s e� � """�'� � D. Is delivery address different from it 1? � If YES,enter delivery address kaeiW�awf"9 � ' .�Ni,r 3. Servicelype 13 ° � ■IIW IIII IWWIIJI111111111111111Jll1111 ❑ndm�s;enaturee ., An.1hk— In ja�.W-t I��• rlaw�filpd l . ■ Complete items 1,2,and 3. A. Slur lure '"> ■ Print your name and address on the reverse s 04104 ` 1 14,,'M� N Agent X so that we can return the cans to you. 0 Addressee PS F ■ Attach this cans to the back of the maflplece, e,delved by(Printed Name) fes.Date f fIlyer ' or on the front If space permits. M �o 1 y,Article A1ddre1ssedjto: V /� D. Is delivery address different from Item 1? 0 Y"", B1 R G I I I"I t 1-S �RD �T 1 V�11�rU ri� If YES,enter delivery address below: No Q95 Gt-r ti (200 w P*6j10Y I 113 3. Servlce'Npe ❑ forglyM•IIIwo II I IIIIII IIII I�I I I I II II IIII I II II II I'I I I II I I 13 Adult nature 13RMei ea ❑Adult W fflgatutmara I 13rfe Delhrory Nie McPq F"Nostrloled ❑OeOemd Mall® 9590 9402 1440 5329 3496 86 13 Collect MallliverylCtedDelivery ° r� i ws ❑collect on DelNery 2. Article Number(na�nshO from eia�rrer1-mr»as,c+w ❑collect on Dallvary ReeMcted Delivery ❑W9Sl9nahno ContlonallWo O fflne�aao IMlarra�lod �9 N feed Delivery t tooted DalWatrY 7015 1520 �0�2 696 18 WOMPO""MIM—M-1010 W-- Domestla Return Receipt.µ 9 ■ Complete items 1' 2 and 3. P SI' r struts ■ Print our name and and on the reverse Q!Agent so that we can return the card to you. �� —�� �-Attach thAd is card to the back of the mallplece, S. W v f" Name) C. Date of D ellvpry or on the front If space permits. 1« Article Add to: n° —. ....-. ery address di � � D. Is detly fent , 1 �", Yes � � If YES,enter delivery addressasN No (>it vi Do'vft4dei,k- e 4 Complete Items 1,2,and 3: A. Since „� � afi��t ru 0 Print your name and address on the reverse �� so that we can return the card to you. - uses .� ■ Attach this card to the back of the mallpleoe, B. i sfrrfe ame) a Of livery PS Fr or on the front If space permits. .t� ttr W 1. Article Addressed to: D. Is deWov, address differ nt trorr m 1? Yds, If YES enter dellverY drag moat, p No L�c�It A� E, 1� LDt(�Y C,( AVOC ORAE 535 �i�eN WE GUTe- bGUE) 3s 3. Service IYPO ❑Rloft Mail BWMO (II'll II tf u111111111111111111J11IIIJ111111 ❑Adult Oginature ❑RegWwedMallTm 9590 . • e . . . . . ." tG-e Nairn, A. Signature� Complete Items 1,2,and 3. � 7 1, so that we can return the card to you. X Y Iy t 0 Print our name.and address on the reverse El a Ps y Form 3 ■ Attach this card to the back of the mallplece, B.,Recall e) Date f ve or on the front If space perrnits. 1. Article Addressed to: D. Is delivery address different from Item 1? Yes If YES,enter delivery address below: No e—�0 � � 93 rr pw tt,+-div r - • . 7B. or6mlvad Complete Items 1,2,and 3. uPrint your name and address on the reverse �9� mmOm ❑Addressee ?nso that we can return the card to you. Date of Delivery■ Attach this card to the back of the mallplece,or on the front If space permits. d"t,i v* rraa 1. A.rllole Addtessed'tod D. Is delivery 1yes If YES,enter delivery address below: 13 No '3. Service Typo ❑Rlomvty Mail y.afr ❑Adultsignature ❑Regiswed MOO, W 113 Adult 3 f,lifted WHORestricted DelNery E3Oa k�a M#3 Restricted 1440 5329 3497 61 ❑certified Mall Restricted Delivery ❑no Moro1 ❑collect on Deliveryct ❑Slgneture Confi AotBga Nrmrt war arr+r r from wrr l, rile 1rU=ps kw ❑Colleon Delivery Raathotovl Delivery rmanonm AW Signature Confimretlon 714 1820 0001 9216 506 40 Restricted Detivery Restricted Dellvery WON 41j Form 3811,July 2015 PSN 7630-02-000-9053 Domestic Return Receipt v -! A. Signature s and address on the reverse °1 SE return the card to you. ��his card to the back of the mailplece, "wW ' ea■ Attach t 1 ecelved by ��,at �Inre �n �,te one f rinitq t e front if Space po Yes Addressed to: _ 1 Article y D. Is deliveryaddress different from item 17 I mW W es w �d� ..• 0-0,10,e If YES,enter delivery address below: ❑No �tit 6' ma` ��� � �� e ,� wry, •..�� ki, A . P y xF r �W • A ■ Connnand», A, learn d ■ Print your name ar6 ,ddmg orio'��ef ;" "" ° C3 went �. � '" 702 so that we can return the card to you. .p..w._„. piece, y �t t—m dat I la vary ■ Attach this card to the back of the mall B. R' ve, b PrimeMaine) Vale 'S Form or on the front if siatxt"o permits �-��."t� �;;��, �. /a� l, AR1la 9c Addressed to D. Is delivery address different ferent from item l7 ❑Yes-11-1--, - ��� r I'IYES,enter delivery address below, ❑No 7 L n o.in:ffi,f,l.ir rvnrr-sm 2. __ ■ oitlpiete items it"r tan41 w"$, ,..ATI(w, • ■ Prirlt your name and addr� N'"M thD YiC3' e#"Se A. 1� til"dam mi,,� M A" SO that wd''can I"return me,t:�"rtlr'r�Cr�."°�CPi,b. � � '„� 'w""""� � q AI gent ?01 ■ Attach this card to tho bank of tl wo f1taIp@scar y(Prttso PS Fort+a i ertrtpt B. Received b drf Dat d of elivery or on file front if a agoe p s _ � h 4 I. Article Adrlarssed tib: _ _ . " �., D. If YES,enterfdeliv sya rrrg lbelov+ t t, 'a ��,.... 4 m r , s Ri71 �c Ilime A. Signature f, Is Print y and address on the reverseAgent so that we can return the card to you. rw ❑Adilesce —" ■ Attach this card to the back of the mail iece (Printed 1- Article Addressed o. ' -.. aea Dat daf ilaaery P p D. Is spaCd~k perrntlte vrr or on the front if � _�- • � Cb-=L � t dually"address d"alfiYM1�iRI fr alra Item 17 If YES,enter delivery addrel below: No 11 '�" Setlod�'Iyl�a O Priority Mall Express® q."I rydugt q 1p rutu0do ❑Registered Mall- giugt Slgoaaturo Restt6vtsd DelNv�ryr ❑RegIstered Mall Restricted 9590 9403 0638 5183 1514 68 �oartil iq Delivery f"9 Cea1il[�Mei CEcgt Reliwe�ry O Return Receipt far .. ��._ _ 1 t d idcaAf raax Dnldvuo Merchandise Al rro grfle Ni arr N 1r7'parr ar r rrerrrr rarer a lr:r C a raNG Iw1 Cod act on CO NOW R0t410 J OdIve y ❑Signature Confirmation'"" 7015 15 2 D DDD 2 6097 4 711 tsured ball ❑signature Confirmation is red Mail RO bated Delivery Restricted Delivery Ivor$50(o P5 Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt d ArMG7i t1dN u ■CIMMMMMMMMM Complete items 1,2,and 3. Print your name and address on the reverse so that we can return the card to you. �Id! ■ Attach this card to the back of the mailpiece, S e etvcrc9 try r�rted Pear 0, Oate 011 IO(Ave or 1. Arto a Addressed ton the front if �a�p.:permits, D. Is�t v aaddross dile �" ...._ d rentl from item ,,.n. l If YES,enter defiveity eddrw.rss betc MEMMMMOMEM ■ Complete Rome 1,2,and 3. A, SIgn4ture Agent ■ Print your name and address on the reverse P t 2. Adicie Nuq so that we can return the card to you. d Addressee ry ���� -0 . �, � � � � �,�' �Addreea� 0_Attach this card to the back of the maliplece, 8, Received by(Printed Name) C.Date of Delivery PS Form 3 �or on the front if space permits, 1. Article Adrtreettrtl'to: D. Is delivery address different from Item 1? Yes.w .._ If YES,enter delivery address below: ( No sT/}C!A �i�jUC2 79lb ORE0,o4 ROAD CuTe1406U,S) AJY iiRtkS ■ Complete items 1,2,and 3. netttrh p Ae --1 ■ Print your name and address on the reverse �r , ., Ad erd so that we can return the card to you. silvery ■ Attach this card to the back of the mailpiece, e'Rtacetvsd _ or on the front If spade permit , Name) 0, to of P 1. F��icle Addressed to: —DI,. s delivery address different tram Item 17 V,�% If YES,enter delivery address below: 3. Service Ve ¢lt tat ty MWI EXPMGO ..µw, i[111 .,.. �»w_ia�i�.�iriddA_ 'll���i ❑., u ( flegl a� � wd flas# I MOM ❑R s r M ally Restricted trick rY 4+ Gv ■ t««Drrapl'ete diems"l,2.,+ttilid � s . . Idt"dl"at yDur dame aild addt't3�aS ora kilo rerSC A. ani tattrdf"t3 �, so ■ Attaci e can rett)rn the caul to yo x " � ❑Agent thIS card o the backrtla6dplece, 1. Received ty �r�nerad A+eraa� ou ora tyre front if s a pore ," ) airs of pe&dtrY 1, Arkle Addressed t6: ce. r d� YP _._ D. Is de ea e esta dffud"m f Irmo rttidra 17-[ M Yeses. If YE: ,enter delivery address below: ❑No IIIIIII'I IIII VIII III I I IIII I'llllllllll I III III 0 Adult Slgnat"s ❑PoaWAY MOM ExIn6use 9590 9403 Q Mult ftnatu twirl tndto ur °R latered M;MJj�dd 0638 5183 1514 51 0 cadlrlttd r,�tcatle n ❑ftr�ra teau r)nneu Restricted Q cWtlir0d Marti Mia n8dt body" Do very ._ _ ❑Roturn Rraca Artlt to 7015 as 1520 5200002,. 6097..< a t sada ws ,D Ir ry I tassatr,raoadiorr w 476114 alivtdry 110s(luted DpHvwy O Signature Conflrrnwonr"+ 13 Signature Confirrnation µ avur 0 5 ll trMGUXI,Delivery Restricted Delivery PS Form 3811,April 201 PPSN TM -ct t M t t Domestic Return Receipt y • g • ■ Complete Items 1,2,and 3. A, Signature ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. g Received b ' ' 0 Addressee ■ Attach this card to the back f the mallpiece, y(Printed Name p ) C Date of Delivery 1. Art�Dn the front if C a ddressed space r e permits ---- D. Is delivery address�y El __,,.,_..... different from item 1? Iwo Yes -a4-o A— V—a Q �a q Os If YES enter dells address below ❑No fe4® VP, Aj. I ■ Com Y A. SI n re �. late items 1,2,and 3. I f Agent ■ Print our dame and address on the reverse so that we can return the card to you. `JAA I tt r,see ■ Attach this card to the back of the mailpiece, S RaiVW (P 'fa�"e) C Date of ilk t ery PSI or on the front If space permits, lzi _ Al 1. Article Addressed to: D. Is deBhq�„ry address different from Itern l? I Yes i It YES,enter ddiveiy (dress below*, p No� ¢CCS' � �. � y/3 a kv ve— 13f N11111111111111111111 Jill S. Service Type o Pdorlty Mail Expresi I A' addle - ■ Complete items 1,2,and 3. �� « ■ Print your name and,address on the reverse , . Agent so that we can return the card to you. Ar�dreer ■ Attach this card to the back of the mailpiece, S Deceived frill Narrr � . D t Of etiveuy _. p` tS« '_ rs w r _ or on the front If are .,enrll 1., 19oI Addres d to: W- W IT ry D. Is delivery address d?fter tlM f r m Ilett 5151I d If YES,enter delivery dl below: N t: V, K V U'? f, II 8I 9, rrtl�.i ■ Complete Items 1,2,and 3. A �tff�tN � Print your name and address on the reverse ®'gem n return the card to you. n 9ver tris(f rintrrcf fWarrae),IT 210-- liessed ria tea r J At that we cahack of to the back of p __.._._ .. .w PSI ry ■ o onithlelfroraltdII ata e I)en nlltsthe mail-iece, „ s air s,d fF®r®fit from it® 17 I Yes t 1. tltit Ila far D. I deRrvery 1 If YES,enter delivery address below: p No 0/ / Al,t , l/ II ( I I I III V I I I A n I I If II I I II 3'Adult Type ❑Registered Mall Ea�ll”' � ❑Adult Signature ❑Registered MaliTp' ❑Adult Signature Restrlcted Delivery 0 Registered Mall Restricted 9590940306 5183 1515 36 ❑Certified Mall® Delivery C1 Cartifled Mall Ref hlCtetl 4elively 9 Return Receipt fqr ❑Collect on Delivery Merchandise 7—= a,„w x „r,„r;�,hi u ”' ”' "'❑Collect on Delivery Restricted Delivery, ❑Signature Confirmlitlol E Z Z h 2.61139 2000 0 2 S T S T 0�. Mall ❑Restricted Restricted Denver, confirmation ion Restricted Delivery ., .A—"--20e I PS Form 3811.April 2015 PSN 7530-02-000-9053 Domestic Return Receipt t Submission Without a Cover Letter v , Sender: Y 4" 00 . Subject: w:�� r�„ �. ,, con SCTM#: 1000 - � ./3�' -/ "1.�1/ C9 Date: Comments: s I/ rr �i f/���f ;,.✓/���Js��J�c"/'��'"�'�7r,�t"%�/�.�,,r r,7F,/„gym ��,� ,,,�r r r � r �,r r��,:/ •� I 9,///1i f // //l //�,r/ it ,X , �i/iJir;ri / i, r r r r, r r"i rr� , n 1""�, � ✓, �� Vr y �9� �/ ( / J ,�,,,, / ,/r� :/Irr' r,// �., r, wr f�"!/ t:. k / /% ,,;;,,// / / /.,o,., rrrrs(,�,,,w�. �,)o, ,��„��i,, /�r �!' / f �/r %//,, %�r1i, Y a�v',w„✓ .1r,li r // n„/i / r„ //9 .,,;,A IJ �(IFl �1Yl�lnL','�.,,� ,?�,✓"i �,.�el�/���/�1��/�� ,/�f� 1, li Iq^ � ¢ ,,z�u” W .... e, f/��� J. ,,,i/ /1,.. r r'/I�4��r M r ��,� � a iJ�� "sur�,r, �,r� //�����, �„ w rr,v �n��r!��u���r.��,�.,i����/�/r✓i, /, ri ,i.t,:r r� 9l ✓1 ,,k, ,, A ,�,r . t;, ,. r I fi/� ,, / .. r... ..,,,/ �, . . ,/ %�e.,, � /r /�/ r l,// / ,, (rl ��frr�r�rr��irri ,,, �a�. i„�/ / /, ���� F.,,, r,l r ureGrww, / lf, /fir '��. /, .. Y� / Ln �'p� .�da��r. lrl� k i,."r,k m o�ami a e 99 w NEW YORK N 10013 a E r � ✓ `” 9silrGr9l M[9tGC ,b � - _....._ _....., _.. .a�. . J 4] C X93 9 rear w nt t @ a ra.:f t uru�r n dtrr �4ary.0 ' 7t w"eru $3.45 'r "i�r9 t ai,r t.X,r hero P & r a,1 i"<' ,. rrr s ee t ir,r efi ", s 411''7 m �7� k.�raf` U �wuwvi X� vw u a xy4 O E�rri am n Y 1u k � 4 ups M rw -,�.�'7 �AP 9��w G] d �+�trtrll ri'�Y9r rr ";r.a r�pd.0 usr ,..,. .. _ W� ^H om, r r e+ � �m r�s9rrdrmwldYbWdr.Y"Wam;aa wd Va�aaSgmrH� �r4r r P ra ii 9d' ro:XRumr,�9 iuyr✓ / ", X " d Y,: .� ,- ,„ .r �. J.rt„ 0 raau9wawi 11r.vtokal 'I II"srdXwodyd W_�� ' $G.4.: .e �:: .. �: u� r3 4 01/27'2016 �r ,r�, ,.L g :uta burg i _ .. .J] 01/27/2016 � tv r uA/ ds�9�r�rarpdr8�e"a XP , ° J r b �74 Ln pV4 �4' Or A y r, 06 'wry"r r � :; yrs ,r,oJ ,rn+r7�rn !/d f,,., f"d'NY, ;g,,4 't �i�.,,u �F l'°r% Kalin, Carol From: Jack Biggane <bigganej@optonline.net> Sent: Wednesday,January 13, 2016 1:31 PM To: Kalin, Carol Subject: RE: Green Cards I Attachments: Scan0066.pdf ' Hi Carol, I am not on the North Fork but I did copy the second round of certified mailings with the green cards. I just spoke with the postmaster in Cutchogue and the green cards have started to come in. My friend, Kevin Lynch will stop by the PO tomorrow and deliver them to you. Thank you. Jack Biggane From: Kalin, Carol [mailto:Carol.KalinO)town.southold.ny.us] Sent: Wednesday, January 13, 2016 9:03 AM To: 'Jack Biggane' Subject: RE: Green Cards See you then! From: Jack Biggane [ma ilto:bigganej@optonline.net] Sent: Wednesday, January 13, 2016 9:02 AM To: Kalin, Carol Cc: Lanza, Heather Subject: RE: Green Cards Okay, IT scan the second round of receipts that I sent out with green cards to the respective adjacent property owners. Will get them over to you today asap. Thank you. Jack Biggane From: Kalin, Carol [ma iIto:Carol.KaIin@town.southold.ny.us] Sent: Wednesday, January 13, 2016 8:09 AM To: 'Jack Biggane' Cc: Lanza, Heather Subject: RE: Green Cards Then you must have given us the wrong receipts. We need this information now because otherwise it looks like I have to create an up-dated Notice to Adjacent Property Owners and then you're going to have to repeat the whole process. Please submit those receipts showing the fee paid for the green cards today. I need to complete the meeting follow-up paperwork. Thanks. From: Jack Biggane [mailto:bigganej@optonline.net] Sent: Tuesday, January 12, 2016 4:16 PM To: Kalin, Carol 1 Cc: Sabatno, Alyxandra K.; Lanza, Heather Subject: RE: Green Cards Yes, after sending out the certified mail receipts | reread the December 8th letter from The Planning Board office and realized I had not completed PS Form 3811 (Green Card) . I went back to PO a few days later and resubmitted everything. | have receipts . I'm surprised we haven't seen any returns yet. I have been tracking on email, As | mentioned, I'll check with postmaster again tomorrow. Thank you. jackB|Bgane From: Ka|in, Carol Sent: Tuesday, January 12, 20163:12PM To: 'Jack Biggane' Cc: Snbntino, A|yxondraK.; Lanza, Heather Subject: RE: Green Cards We noticed that the Return Receipt Fee on the Certified Mail Slips is 0—are you sure you sent them because there should have been acharge filled inthere. See mynext e-maii - From: Jack Biggane [mailto:bigganepopton line.net] Sent: Tuesday, January 1Z, 2O163:U4PM To: Ka|in, Carol Subject: RE: Green Cards Hi Carol, |just spoke with Kathy,the postmaster at the Cutchogue PO. She checked my PO box and there are no green cards that have been returned yet. She said the recipients will have 15 days before letter gets returned to me. I asked about the two letters I sent to other POboxes atthe CutchoguePO. She said they are still in respective boxes. | will check with her everyday and as soon aothey arrive, | will get them to you same day. The postmaster knows Kevin Lynch sohewill bernymessenger. Thank you. Hope to have something tomorrow. jack From: Ka|in, Carol Sent: Tuesday, January 1Z, ZO161:U9PM To: 'Jack Biggnna' Subject: RE: Green Cards Don't take the sign down—the hearing was held open. I'll be working on a letter telling you want to do for the next hearing. From: Jack Biggane Sent: Tuesday, January 1Z, 201613:S1PM To: Ka|in, Carol Subject: RE: Green Cards Hi Carol, 2 Just got mut ufmeeting, sorry about yesterday, | was traveling 10 North Fork and didn't want to be late for meeting. The lady on Birch Lane,Teresa did receive certified letter at the Cutchogue PO as I spoke with the Post Master who went into her mailbox. However she has not visited her mailbox since letter arrived first week of January. I am not in Cutchogue but I will call my friend , Kevin Lynch and have him deliver sign and green cards to you today. Thank you and sorry for mydelay. ]ackBiggane From: Ka|in, Cand Sent: Tuesday, January 12, 2016 10:26 AM Tm: 'bigoanej@kooton|ine.net' Subject: Green Cards Importance: High I was informed that the green cards were not handed in last night. We are awaiting their arrival today. I realize that I should not have given you extra time to bring them in as they were due last Friday by noon as stated in the affidavit. 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TA71""?"; ul IL 74 d � �o tel� Y ami 7 q w �” / n OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ` "r ' m P.O. Box 1179 54375 State Route 25 ` " Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 2016 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 Re: Public Hearing Held Over- Proposed Lot Line Modification for Biggane & Yenicay Located at 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, Cutchogue SCTM#1000-83-1-33, 34 & 1000-95-1-11.2 Zoning District: R-80/AC Dear Mr. Biggane: A Public Hearing was held on Monday, January 11, 2016 and held open until the next Planning Board Public Meeting which is scheduled for February 8, 2016 at 6:00 p.m. because of issues regarding notification of the adjacent property owners. Enclosed is a revised Notice to Adjacent Property Owners form to re-send to the adjacent property owners. Please return the enclosed revised Affidavit of Pontin alorl� with the certified mailin receipts AND the signed_ reen return receipt cards before 12:00 noon on Frida February 5th. Please up-date the s,icin by addina the new hearinci date and time insert,enclosed and return the sign, and its pos,t to the Planning Board Office after the ublic hearin i closed. If you have any questions regarding the above, please contact this 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 Modification; 2. That the properties which are the subject of the application are located adjacent to your property and are described as follows: SCTM#1000-83-1-33 & 34 and 95-1-11.2; 3. That the property which is the subject of this application is located in the R-80 and AC Zoning Districts; 4. That the application is to transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000- 83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres. The properties are located at 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue; 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.Kali n@town.southold.ny.us; 6. That a Public Hearing will be held on the matter by the Planning Board on MqDda Februar 8 2016 at 6;00 .m. in the I eetin 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; that you or your representative have the right to appear and be heard at such hearing. (Please note: this hearing was previously held on January 11, 2016 and kept open due to an error in noticing of adjacent property owners.) Petitioner/Owner Name: Biggane and Yenicay Date: 1/14/16 Adjacent Properties Biggane/Yanicay Lot Line Change 1000-83-1-33, 34 and 1000-95-1-11.2 1000-83-1-4 1000-83-1-26 1000-83-1-27 1000-83-1-28 1000-83-1-29 1000-83-1-32.3 1000-83-1-36.1 1000-95-1-10 1000-95-1-11.3 1000-95-4-8 1000-95-4-9.2 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., 2/5/16 Re: Proposed Lot Line Modification for Biggane & Yenicay SCTM#s: 1000-83-1-33 & 34 and 95-1-11.2 Date of Continuation of Public Hearing (previously held on 1/11/16): Monday, February 8, 2016 6:00 .m. O z v m< D i m W ADm< 00 c N O T I 0 0 5-0l J� Submission Without a Cover Letter 1 �i Sender: Subject: � [ (3j SCTM#: 1000 - q �— Date: l I --I 1 � L, Comments: AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as - J" f` 6 K FF pe, 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 Na print) Signature , re Address Date' Notary;P lic µ 7boire.E S r atsry ubl{o New York ualifie Inty My issio PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon Fri. 1/8/16 Re: Proposed Lot Line Modification for Bi ane & Yenica SCTM#s: 1000-83-1-33 & 34 and 95-1-11,2 Date of Public Hearing: Mon Jay, January 11 2016 4:32 pm. f�P mlm q Pw n mm �illmu I mpr V uuum m limo m Imll mum nmol � IIS m � V M m m Er Er 11 7f m mu tti @ Ir CW fi d l sA Fll p, � I IfIe a NI mu l',,,a„�a S3.45 Ce r,ll� .� Ili bl VC, w (u (r8 rIr IrwJv 1 mu q,a{ r �' Ifs P wm. 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LL 0 p pCe�pm,ullwtrEum���:emrid,ndutaaN � � aEru�V tll Vi rawVnuw!�116+mNilvamE / wi,3 MaeItpuu�Varnrw q1 rurrlh& q uEu tld aro ur �� - ro U11 ,M E d �� a%�tia diru pX Ln r-q W �,m✓w�.w�m� rj r ..„� ,. �W... Ln "mrMa4 k� r md'a61 '110 d rNtr uV rstal 7u' aMM R ' ql d I � � . . Err%� R rct "dd�•u d'a ,� a � �+ ���� F�Y' w..,. Adjacent Properties Biggane/Yanicay Lot Line Change 1000-83-1-33, 34 and 1000-95-1-11.2 1000-83-1-4 Jbk f Cy\ 41 (5 pvS>1Q.1/r� 255 G 14e*_.,Gf. Clj__+GF�od vC l l 9 3 --1000-83-1-26 OS F}�Yb 5�Y1 S'r'. f}( ZS N tiiy 10 i 3 .I000-83-1-27 . � e g I� Ln. r_A_ .-chogLe i 1835 1000-83-1-28 1000 83-.I-32.3 �`.�Xx :... 1000-83-1-36.1 ('aSQ,,rvYv�TYkS� lbs" 'b "� ' l A Iew, "",1000-95-1-10 -ThomO- w-\ GarveqTrLAsA p p --6k-1 v tt6holulu 1 g 4�u2 '°,,1000-95-1-11.3 Caow\oLLeStLj x-746 bYe g en 2d 'C��cho�ve � i 9 3 S- 111000-95-4-8 4Ct 1 h SkA p p d 1 8 2 So u'thv I d r I q? 1 1000-95-4-9.2 MAthf,4t)t. avm ttidAvlg6 1251 A_ve o� vtcacs NY NJ t Uv 216 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Jack Biggane Address: P.O. Box 242, Cutchogue, NY 11935 Land Owners: Jack Biggane and Ertan Yenicay Land Owner Address: Yenicay - 112 West 56th Street, Apt. 16S, New York, NY 10019 Description of Proposed Project: This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &AC Zoning Districts. Property Location (road and tax map #): 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue; SCTM#s1000-83-1-33 & 34 and 95-1-11.2 Are these parcels actively farmed? Yes—SCTM#1000-95-1-11.2. Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-83-1-32.3: Duck Pond Road Associates, LLC, c/o V. Krupski, 9385 Oregon Road, Cutchogue, NY 11935 `SCTM#1000-95-4-6.1 & 6.2: Stacia Ficner, 7990 Oregon Road, Cutchogue, NY 11935 v 1000-95-4-9.1 9.2 14.2 & 14.3: Mattituck Farm Holdings, LLC, c/o Brian Owen, Belvedere Property Management, 1251 Avenue of the Americas, 17th Floor, New York, NY 10020 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date OFFICE LOCATION: � MAILING ADDRESS: Town Hall Annex "' � P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) , Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov COU PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 22, 2015 Matthew Martin, Secretary 260 New Suffolk Road Cutchogue, NY 11935 Re: Request for Review on the Proposed Lot Line Modification for Biggane & Yenicay Located on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue SCTM#1000-83-1-33, 34 & 1000-95-1-11.2 Dear Mr. Martin: The enclosed Lot Line Modification is being referred to the fire district for comments. Please be advised that with a Lot Line Modification there is limited change occurring to the original property. The lots already exist; the application is to simply re-configure one or more property lines. Your comments are requested on matters of interest to the fire department, including fire department equipment access and emergency services. Please respond with your recommendations at your earliest convenience. This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &AC Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 18.57 acres located on SCTM#1000-95-1-11.2. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely,.. _. Alyxandra Sabatino Planner Encls.: Lot Line Modification Plat; Application Form AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Jack Biggane Address: P.O. Box 242, Cutchogue, NY 11935 Land Owners: Jack Biggane and Ertan Yenicay Land Owner Address: Yenicay - 112 West 56th Street, Apt. 16S, New York, NY 10019 Description of Proposed Project: This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &AC Zoning Districts. Property Location (road and tax map #): 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue; SCTM#s1000-83-1-33 & 34 and 95-1-11.2 Are these parcels actively farmed? Yes— SCTM#1000-95-1-11.2. Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-83-1-32.3: Duck Pond Road Associates, LLC, c/o V. Krupski, 9385 Oregon Road, Cutchogue, NY 11935 SCTM#1000-95-4-6.1 & 6.2: Stacia Ficner, 7990 Oregon Road, Cutchogue, NY 11935 SCTM#1000-95-4-9.1 9.2 14.2 & 14.3: Mattituck Farm Holdings, LLC, c/o Brian Owen, Belvedere Property Management, 1251 Avenue of the Americas, 17th Floor, New York, NY 10020 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. el / 1, Applican /Agent Ignture Date #12560 STATE OF NEW YORK) ) SS-, COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 31 st day of December, 2015. / .- I: el Principal Clerk da of 2016. Sworn to before me this Y CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 qualified In Suffolk County My Commission Expires February 26, 2016 r � /1iio�1'i/ ( ^ �� !r /� , 1r�,+ ✓u� G%iii i p /a�u fiiii��1�111;�� /Ili/ lr/I�i �� ��%% 1�J�f� /�I ���%� ��' ��✓; 1��� �r rvri/%��F/Q//I/�%li/ll��� r1/ 11� iii/� /I //I�/ l / i �/ �( // ✓ ;�* ,�� f% �����/%�//il r /� 0 / I / a/ �f J� j/1//✓ r� 1 i fad i /rrff,v/ai,,��,J/i//ii/I)/�I�;,'„�/�//(r//r,/%ll�,J/i ,ro/„aG„� �/ ,I,/el+r.l., �r F I ', ✓,��x r%� +,, ,� /i rv„�:��/ OFFICE LOCATION: n MAILING ADDRESS: Town Hall Annexr P.O. Box 1179 54375 State Route 25 ��� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 blc www.s outholdt ownny.gov AA UN � z7X. d PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXIV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of January, 2016 on the question of the following: 4:31 p.m. Proposed Site Plan for Verizon Wireless at East Marion Fire District, located at 9245 NYS Route 25, ±525' w/o Stars Road & NYS Rt. 25, in East Marion, Town of Southold, County of Suffolk, State of New York. SCTM#1000-31-3-11.31 4:32 p.m. Proposed Lot Line Modification for Biggane & Yenicay, located at 8865, 8869 & 8871 Oregon Road, on the n/s/o Oregon Road, approximately 525' w/o Duck Pond Road, in Cutchogue, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-83-1-33 & 34 and 95-1-11.2 4:34 p.m. Proposed Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchogue, located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-1-33.3 Dated: 12/14/15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON WEDNESDAY, DECEMBER 30, 2015 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPYSENT TO: The Suffolk Times Kalin, Carol From: legals <legals@timesreview.com> Sent: Monday, December 21, 2015 9:33 AM To: Kalin, Carol Subject: Re: Legal Ad for 12/30 issue of Suffolk Times Importance: High Good morning Carol, The legal is scheduled to be published in the 12/31 edition of the Suffolk Times. Thank you and Happy Holidays! Best regards, Ipp riftl LREVIEW :2 MEDIA=UP Lindsay Riemer Assistant Sales Coordinator 631.298.3200 ext.235, 631.354.8032(direct) 631e29&0410(fax) Iriemer timesreview.com www.timesreview.com From: "Kalin, Carol"<Carol.Kalin@town.southold.ny.us> Date: Monday, December 21, 2015 9:32 AM To: Lee Peters <legals@timesreview.com> Subject: Legal Ad for 12/30 issue of Suffolk Times Please print the attached legal ad for the January 11, 2016 Planning Board Public Hearings regarding the Biggane & Yenicay Lot Line Modification, Amended Site Plan for Verizon Wireless at East Marion Fire District and the Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchogue in the 12/30/15 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 1 , xx 2 z OFFICE LOCATION: ., MAILING ADDRESS: Town Hall Annex f � C� � P.O. Box 1179 54375 State Route 25 `"M1. Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 p www.southoldtownny.gov ' � � PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXIV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at-the Town Hall, Main Road, Southold, New York on the 11th day of January, 2016 on the question of the following: 4:31 p.m. Proposed Site Plan for Verizon Wireless at East Marion Fire District, located at 9245 NYS Route 25, ±525' w/o Stars Road & NYS Rt. 25, in East Marion, Town of Southold, County of Suffolk, State of New York. SCTM#1000-31-3-11.31 4:32 p.m. Proposed Lot Line Modification for Biggane & Yenicay, located at 8865, 8869 & 8871 Oregon Road, on the n/s/o Oregon Road, approximately 525' w/o Duck Pond Road, in Cutchogue, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-83-1-33 & 34 and 95-1-11.2 4:34 p.m. Proposed Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchogue, located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-1-33.3 Dated: 12/14/15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman 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 21st day of December, 2015 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 RadSouthold New York 1/11/16 Public Meeting: 4:31 p.m. Public Hearing for the proposed Amended Site Plan for Verizon Wireless at East Marion Fire District, SCTM#1000-31-3-11.31 4:32 p.m. Public Hearing for the proposed Lot Line Modification for Biggane & Yenicay, SCTM#s1000-83-1-33 & 34 and 95-1-11.2 4:34 p.m. Public Hearing for the proposed Residential Site Plan and Draft Environmental Impact Statement for The Heritage at Cutchogue, SCTM#1000-102-1-33.3 � ., Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of�l )f `�ov, 2015. \114 ... Notary 'Public MELANIE DOROSKt NOTARY PUBLIC,State of New York No. 01D04634870 Oualified in Suffolk County Commission Expires September 30,213 OMAILING ADDRESS: OFFICE LOCATION: Town Hall Annex ��" so P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) ,. Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov COUN PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: December 16, 2015 Re: Deferred Revenue 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 132115.10. Thank you. Applicant/Project.._.__........... .........._- .__v_...... Name & Type Tax Map # Amount Check Date/ No. Jack Bi .�...... ._._._...� a _.��. w... ggane & mmmr Ertan Yenicay - Lot 1000-83-1-34, $500.00 11/2/15 -#1304 Line Change Application Fee 83-1-33, 95-1- John C. Biggane 11.2 JAM r, � -�,n*J'✓, /: ../,. , r/. r. '.../1. r. f r 1 r/ r / r/ i �r '.',r P /,.. r.,..,.. <,.. /. /, gg � :�-.mm�m:� // r /r /,/ r.. / /r ✓/., r/r ri / / 1 rl � r �, r � ,, � r%G / /� r 1� ���. � / / �, / ..-.,...- r - / r ,..,rr /. /r/ /r ( / y l 1,. / x:1/ f! / f. / / VG, r ,/, 1✓ �0�/ r,Dfr��3'P�./Sf�i'fIl/�J,iN�� SEC NO 083 �._r ... ..OR PCE P03w� \/�MlYPC N{a-------------�--_— SEE SEC.NO.083_— LINE m,. 9 "No " XIM,.A49 G�,4Y% y N""hy'rn 9.9 ","y.� SFOR PCL.NO. EE SEC.NO. J aW�aWry raW+'N ""w>d � X OB3-03 0061.1 Z�_... lN9.AJ dkY9 MATCH __ A f0,k'69415� z pw7,No s aA dk7 i190S ° " „r' (7a',lWW`.urerrao.00 OR PCL IN r aIF,Va`LNu 141N:NN laW+ikl s.T,t gJ','2,p,k,@Q. \ � 1 ,,, �. „„ � SEE 9EC.NO� .,, :r$. /`'1 e, w„,vs.. ,1 w"+w 09601-0175N, N re I:k �`w. � 51.2A(c) I" 'k°.OA{a;) It 04104 � ,, �, ✓ + ° � r 761 ' +a B s.'i R 25.3A(c) d1A ro 1,004-24 05, 60. !0 000S 23,7A(c) : 9-OB � ,... 12 1600 030415 ''"`•. FOR PCL.NO. y „*a, �'4-2 + '^,,,. SEE SEC.NO. 1.BA .� 8.3 �"` � "" 60 "�,. a� os6B1-Bz (v" 54.4A(c )3,�reA 6a.9 r9uavdr,¢u urNarLr9 4 x LNEVFI RV'WFUT'fOGU.4 U .`"" Fora eVRGFL NO. , q, SLE SE'C q90. Mill" 1 ,, n; IXn C 'aye p 94. `' 5(33 0. o � � 3o.eA �``"^ �^w ` ,�" 2B 5A14.3A � ~,,,`«,, 2 NIA w° i Z I r ^'w., Nkar'M"Yuq;4N''klww"NFR:&TtlPx'�:Pp "+" 45.2 1: «.� 23.7A N I 4.3 (TOwNOF soun�oTo 1 I 32.3A 'k OEVELOPAIENTRIGMS) 'h T,r "*.,. "at4^ 1, :... Rowiv OF sounCoin �y 7%". �`'•w, t`iIA(c) �4. ",.. DEVELOP MFM RIGRTS) C \ `} 5'u3 "w„� 412s1At09 , Raa 12 5.5A ,„ A "C” f+=olrw4JP'axry-O CM;IO ,2 '9kM,9P6Po,p. 02A(c)�,. . (WO .WWWd RAUNaN`k, iWS JR]k tl1 9.6A4 NMI 4,2 a(Ck a96/eT6470' U. A..,OAx iF �,. � "MW 70.94 0,9amc) a �,zh e)N9T1..TL6P w 68.49 1.400A /�,� B twy � , I. '"",. a2 r.aAO ", 18,2 .' 'r'.. w ,,, m 3.1 0,0A ``.4 Praa I IA 9U39 'C 4,)re: urar ti,. ".. 'v�„�� z I ", TSJ7 yam' 46.oA .� �. 679+6A1 a,Y'Nv,. �"�, `�^ r w0 .n•�" +� � I w w 19.18 a a ""w N r 16s 6$ A ISA9 4 Q,T ,., r"to 45 'N a, rkG.:reB „ ,I � s �9 916zB Iib 3,.2t 8.6 +Sl+ii.aX °' a NVA ... 2 � y,aw;v + A 5�b.96Agc) "� Wr�a 18.i NTaI t r 1816, ., 1027 RAI '17 ' ars.,3 « 18:..6 om *,kava z 4 4'}JM(r;,p 779,24 1.2 rs f '9S 34 ao ,a 9 Imp n b� � !� J 9 BA(c) ra .� 100 lmua ..._���._ � � 9.9d 1''3+.1 �'* ✓ ,,.., " 43 w *„0, is9E4 � 973,3� r O'N33,2A c 3MI 2 30.1A 4w l0'9kre 2.0Ar (COUMY OF SUFFOLK / a { A „ y 4 DEVELOPMFMRIGMTSI +' 12 �. OR-0114.70 1 r"' � SEE SEC.NO.. "sw� 2�cpN � dw 18.2 () r' FOR PCL.NO. w„ II a. '' 2,8'rv"4 SEE SEC.NO. 101-01-019.1 "*« r5 m w A "'. ,. 2.Cbti. MACH--_�--_— -d Na'f-`,"^•n•, .. ✓ +.� Owu -'MATCH —� LINE T ""» aOw SEE SEC. NO.101 w�� L � � „n 9z1Lm� __ ___.. =moo..L r .N-E �, Norice , ,ter%a COUNTY OF SUFFOLK C K TOv�oE m. .m ._.. u r rv+n c,nll.wF _ � SOUTHOLD SECTION NO E rouwnr:o osm�cTs e«1'r„-.�P,')+N',M1y F 21 r,wl awe .r��an a,v, R ,..._.._. 'O ....,-.....,,...— zz ( ) �2 — =ate R = -.... 9. MPoIaN&1 Na, L ,;.1N la nC i Ts:wI�Nd ( Real Property Tax Service Agency r s,.w:.eio.Ld l:.. •m^ •,•• m.e o:mi.ioo u w+n o'ana 0iw m^. Irrxo��d kv — FlRE IIYORANT, 1111 ,.....—_ yu. Co Y11901 OBS 11NNdl'VILLAGEOF 0,75 . LHON DISTRIBUTION OF ANY PORTIONOFTHE HYM �7 E -A,\ « IOfi_rem�y '�t SUFFOLK COUNTY TAX MAP IS PROHI91TE0 r' ufllY CCOIef RIV¢lhEid,N M vn.mrsw. wwol ,a o, Ln. ^..m L4N usn Lm _, .. L I,.wwarm�.c a a..m:,. yyn, N T Lim --- "^^^' FAAX '.,,.....tipY,)1 I: _ V.ITHOUT WRITTEN PERMISSION OF THE 't" ''"�, ,µ+,.�,k4 Z00 OSCALE IN FEET2lp foo A "'"'"'"'"'"""^^"""' wRx Ho 23 w.e Ana 121 A(d)or 12 IA Oban L'v� —..— :.. xeaw.w.orM�m--w.v-- —WIAu4'.':rc ....., warnwlvNw:rl .. ) rJ�ti;y ✓",.DISTRICT NO 1000 ,,••.••.,�..• -_ --- .e, .. ..:.��' a�„ _.._.... ......., ......_... _..,. ..,.�.�._.,. _,,,,,�, .....�..... ......... .. pp PROPERTY MAP CalalalaO Arae 121A(c Mage�i •• l REAL PROPERTY TAX SER m. mm VICE AGENCY ��,..�,.. ,.,. 'CP98. 101. ..� 1a...�.. Mm N �..�...... ........... .. Xav. II lv4 e,nravTuwctra vin va r 10-31-06 1 1 02-06 FOR PCL.NO. z SEE SEC.NO 095-01-010 X.) 1p� FOR PCL.NO,I SEE SEC.NO. .10 095-01-009 tl VoSIIl,, 0 FOR PCL.NO. q2� SEE SEC.NO. w 09"1-008.3 to 12 Zx LU 4 5A 31 2*1A 1< tln 114 ,ob 2A 21A 2- , 14 A FOR PCL NO FOR PCL No SEE SEC NO CL/& 4"', EC FO PCL N 095-01-D04 4 R FOR PcL NO SEE SEC NO. SEE S r OS&M-01112 SEE SEC No 095.0"(W I —iff LINE e, MA MH 2 LINE :1 1A SEE SEC NO 094 SEE SEC.NO.094 CTION .......... K 11 TOWN OF SOUTHOLD SECTION ........... ........... NOTICE COUNTY OF SUFFOLK @ E 130 ..................... Bbd �W—F=M—`Iet �E�WMi�j L —n ,,, MAINTENANCE.ALTERATION,SA OR Real Property Tax Service Agency y 0" VILLAGE OF 82 E —o—o— 72?' (21) lftl—T ...... DISTRIBUTION OF ANY PORTION OF THE ON, G - UoH' NATER SUFFOLK COUNTY TAX MAP 18 PROHIBITE County Center Riverhead,N Y 11901 m �UE 1.FEET E __'U. LbM1IaYMLw Aq—"U-� A wNnL-------- .......wvEn WITHOUT MITTEN PERMISSION OF THE ,aaa me A DISTRICT NO 1000 N 23 12 1 A(d) 12 1A —U- NASTG REAL PROPERTY TAX SERVICE AGENCY. p 12 1 A(.) "I"111� CONVERSION GATE:Aw 01.2011 j_ AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Jack Biggane Address: P.O. Box 242, Cutchogue, NY 11935 Land Owners: Jack Biggane and Ertan Yenicay Land Owner Address: Yenicay - 112 West 56th Street, Apt. 16S, New York, NY 10019 Description of Proposed Project: This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &AC Zoning Districts. Property Location (road and tax map #): 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue; SCTM#s1000-83-1-33 & 34 and 95-1-11.2 Are these parcels actively farmed? Yes—SCTM#1000-95-1-11.2. Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-83-1-32.3: Duck Pond Road Associates, LLC, c/o V. Krupski, 9385 Oregon Road, Cutchogue, NY 11935 SCTM#1000-95-4-6.1 & 6.2: Stacia Ficner, 7990 Oregon Road, Cutchogue, NY 11935 SCTM#1000-95-4-9.1 9.2 14.2 & 14.3: Mattituck Farm Holdings, LLC, c/o Brian Owen, Belvedere Property Management, 1251 Avenue of the Americas, 17th Floor, New York, NY 10020 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date 971 d6}AO M� MATCH ............. .,�� ......... ,'^ ,kYt'�YE� � MlNifiXt... SEE SEC.NO d�q3 ..... ... �, gull^fllf (1 „Pa irwa tdW;B i�1�r�/, . ... E.C.NO.003 4�AI M x".._......., .,,...�„_ ..... ... �✓ iM r ,I�u j� TA--7111 11.z w sw r a' .i f �l y� d®a o3 d `w. ..._ '""�, FOR Pco..Net_ `'", SEE SFC,NO. 061.1 Y r. r 2iS' FV f31 w„"w ,, 19.7A(c) 1,1,A(ey 4 qA �!/�� �.. »� `�.,, FOR PCL-NO ON 07,00! „,q `• "W,» `�n.,hw '.`» n}WN rw' rPPw FJ _f R,IIA 02 "»".. 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'".w � r'«,w 12.7 v, nry e ,,,, 17.3 -� '•*,.. 11.7A „y•..,, Y k ..„...... 17.4A(c) 121 µl °.. '"w. 1'nr ^`•�.,,. �l(VI,, ¶ JO Illllll«���ti55�l�lllllllll P , NNN 14 A . 12.4 l28 SA"d 130 ("xrlr IN wZ� Evri °nniNsig„ n oeci A rvnb.ra c a ra oA y ” w ������ ��I�I�N �+r'` ✓ SSV`. aITM OM.. rrea .,„, "�,. "`k. •r.:,,,Preµ. {.L m r W ��, a� "� �,a N � � s ��” ' ^+ar� `"^� ,~�,. �•",..�.w�-� ar � ,�� '� '". �,1 s)", - 1���1``��” �Q�`tl�, n aA aya c Nrrr s, w NrIOI w aY uil' , 111,19 Z 3rTM, �, r +� `"w., 16 ''w .r'' "5• 'w""w„ .......... a _ I18I tr+P "' ,0. ,0, "fid• „,'w„ ':.,„,. '* p�, . 0 SWiN a, 29.7A �y t' 1 a.,? r r .._..... ® I w � FOR PCL.NO. o "^.. + .,,w ,,,,^�., ,,.r^.r„, SEE SEC NO. o o r"' y I '., ""4w, °"*"s ""•v""� 090-01-097.5 w. w ^,, ,., "yu ` A y �., ,, w , n +E.�'"" e z fn " W C) ... Nwr� pOH , ., W ` V$ d 32.3 ✓r� Fes:"' '(• U """'wy. I 29.7A(C)R PCL.NO .. I FOR PCL.NO. "`wFOR PCL NO. *w. EE SEC.®. w FOR PCL.NO. SEE SEC.NO. SEE SEC.NO. SEE SEC.NO, w`°.,,, „, SEE SEC.NO. " 095-01-000.3 095.01-009 095-01-010 "w 095-01-011.2y, 095-02-001.1 —10 M — _.__— _ ..__ ...... ..- .. ..�,..—.. - `tL�.— -__—s —. ....... ..,„ _._._ LINE .�?a w wlw.,4 SEE SEC,NO.095 -...-.✓ --.... mac... _��.,,--_,—— . -- �+ ._.._ .. �."w, �� ..._...aira�`""'nw�a �` nnn,re'Nq.,..___—_ . ,.—. MAI CH -- SEE SEC.NO.095 SE,...m,.— ,m..... ..,.. ..._,,, _..... —...,, _....._ .. ,.._ ��...�.� .. �,,,.._ w,,ww... _.,.,.. .. .,..,,. � ....�,. ......� K �...___....��.....�r.�. SECTION .,.._........�,,,,,,,. ... ....... .....r __.......I� ,,.. P «auwn WLai, �Y.I� ,mar r. ww�INaaE au �a� NOTICE COUNTY OF SUFFOLK © E �N 1GWNGF _ --. sou7No o _�. —— NroA PTx. r _ a E..wrommmacn�wwumOuairw •^•.,fix.....— O+rUIW.a®nOxwwti��n.ym (z1) �, Nnw'aavaLbw ••^^..^.y—,.•••••• �emwurwmRmm ^n.� C%. ,p...... St'WER 'p'.Yy4.Z MAINTENANCE,ALTERATION,SALE OR °tl(141 §: Real Property Tax Service Agency Y � VILLAGE OF per} w_,..,a,,,,,. ua «r u.a�,bau.a�ru __, Pam areae f +rar+au County Center Rlverhead,N Y 11901 M VJ 21p -- ossralnunalu or aurq'r wrGrartGN OFrHr o-c;E +— rLw .,..... ,,... .. � WALE IN FEET:�— VVI 0YTVVRVTTENPER1w15S1mDFTHE "-b,u:u 100 0 N . — A «I ux�w._ ,.� uwrwwr„rcH--�..®-.......... `' 1a., ruF'FGt.l4cnuNavvoxNgAFlso-nowsslrr W''� rros u�,GISTaIcr No 1000 PROPERTY MAP ..... ..,,,,. ,, ..._.� ,.... ,,,,.",,, --,_...�...^a^f.....:_„ �!h0',s—.......=""_,.,., �:•• ,,,,,;,.,.,P�.Pni_.,-,. ,,............ ... ............'.:_,..,....,.._ ..,.......,..... ��,—w ,,....,,,,, _.—..... �.�. .... ._ ......... ., ....... ,,,,. ._...,.,.,. m.,m�•,.en v.•v..*".w rrriYTJi„7d.N.�"YMU'r '�.SII ( I �'N�V V�VI)ll f3aT,PRMyY. ACdL+7,7r' '�V?N„�('&�'FNM1l0 ...NY.. dN�ITNw�;3Y;N1111'o'hmN1YlNN'4'�W.NrYN:, d�rln,OUlwrllmrf77;7vf1wmlmrrr7orotlmmoE9ymOmlr;Om9oPwr!alrl0a!7mrrvoltulwae7mav1ro7dNmNaOluNwuu ': wuwu �L.,gym w�.xms.. 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 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. 1/8/16 Re: Proposed Lot Line Modification for C3i arse & erica ScTM#s: 1000-83-1-33 & 34 and 95-1-11.2 Date of Public Hearing: Monday, January 11, 2016, 4:32 p.m. 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 hearing 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. 1 N 0 W r' J N Z r i ■ C*4 oLqN m ocoo M LU �c Lo q o "' N N O N a � L = }' Z o aWLL aNLIQ N Z '� � CV >= M 0 � N0 Z �- c a >- (J(J 00 v a O a F - ZJ ch E }' W oW M T- oS ._ �■ 0 J OP Z � a, a� Z CD a a i O RY V W O � T- i O Z �-- U v JW � o O ~ O Q z oU) 3 � J a � G.. .� MN OFFICE LOCATION: b MAILING ADDRESS: Town Hall Annex ' SO&J, '°, P.O. Box 1179 54375 State Route 25 � x,i Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Ar Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 19, 2015 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 Re: Proposed Lot Line Modification for Jack Biggane SCTM#1000-83-1-33, 83 & 1000-95-1-11.2 Zoning District: R-80/AC Dear Mr. Biggane: The Southold Town Planning Board reviewed the above-referenced application at their November 16, 2015 Work Session and found the application complete. The Board has agreed to set the public hearing for their January 11, 2016 public meeting. If you have any questions, please do not hesitate to contact this office. Very truly yours, O_QAq Y-&� 0 Alyxandra Sabatino Planner cc: Melissa Spiro, Land Preservation Coordinator Submission Without a Cover Letter r Sender: ED' ���������s�0a�: f,,�" ua Board Subject: C ... .. � ........ �� _ he SCTM#: 1000 - Date: ....'� Comments: I UY � WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November 16, 2015 2:30 p.m. Southold Town Annex Board Room 2 Floor Capital One Bank Buildin 2:30 p.m. Applications SCTM#: 1000-113-7-19 23 Estates yalton Project Name „ . at Ro Location: 55 Cox Neck Road, on Cox Neck Road approximately 490 feet north of Sound Avenue, Mattituck Description.. This proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots where Lot 1 equals 0.72 acres, Lot 2 equals 0.72 acres, Lot 3 equals 0.74 acres, Lot 4 equals 0.72 acres, Lot 5 equals 0.73 acres, Lot 6 equals 0.75 acres, Lot 7 equals 0.73 acres, Lot 8 equals 0.74 acres, Lot K 9 equals 0.71 acres, Lot 10 equals 0.74 acres, Lot 11 equals 0.73 acres ! and Lot 12 equals 12.02 acres located in the A-C Zoning District. This subdivision includes 15.20 acres of subdivision open space and 1.71 acres for a proposed road, .... Status: tch Action: ........ - Review forlPrelm nApproval A ary Plat Application completeness. ttachments: -1S t a ff Re fort � Pro ect Name: Ro Reeve & Raymond Nine SCTM# 1000-114.-11-9.6 & 22.2 � y y . I Location: 13400 Route 25 & 855 New Suffolk Avenue, approximately 478' east of Love Lane, Mattituck Description: This proposed Lot Line Change will transfer 0.21 acres from SCTM#1000-114-11-22.2 to SCTM#1000-114-11-9.6. SCTM#1000-114- 11-9.6 will increase from 0.83 acres to 1.04 acres; SCTM#1000-1 14-11- 22.2 will decrease from 1.10 acres to 0.89 in the HB and R-40 Zoning Districts. Status: New Application Action: Review for completeness. Attachments: Staff Report Project Name: 1 Biggane, Jack SCTM#: 1000-83-1-33 & 34, 95-1- 11.2 Location: 8871 Oregon Road, Cutchogue Description: This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000 95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &AC Zoning Districts. Status: New Application Action: Review for completeness. Attachments: Staff Report Soutnuld Planning Department Sta-,. Aeport Subdivision Application Work Session Review Date November 16, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Jack Biggane Applicant: John C. Biggane Date of Submission: November 2, 2015 Tax Map Number: 1000-95-1-11.2, 1000-83-1-33 & 34 Project Location: Oregon Road Hamlet: Cutchogue Zoning District: R-80 & AC II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 23.7 acres (3 lots) # of Lots Proposed: NA III: Action to review Completeness Review IV: Analysis • This lot line modification is proposing to transfer 1.15 acres. (50,050 sq. ft.) from SCTM 1000-95-1-11.2 (farm lot) to SCTM# 1000--83-1-33 & 34 (2 lots against sound). The reason for this lot line modification to correct an existing non- conforming driveway area. • The Planning Board approved a set off for Henry Domaleski on May 28, 1985 that granted Lots 1 and 2 access over a 25 foot right of way as shown below. IItltl N r NEDm, r A f• J a n to a w _ r i '.....row HENRYDOMA E5K! ( m P d iv , .. 2 L •1 S inn M � YOUNG a YO.... � UNG .�ooKM21.OMMD�R;oA."`w Soutnvld Planning Department Stas. ,4eport • As shown in the below aerial, the existing access way does not conform to the approved subdivision map. The access was intended to cut across the southern portion of lot1. r 1 � r � I a �v, cru • The applicant is proposing to sell development rights to the Southold Town and must fix the non-conforming access. • Existing area: Parcel 1 (East Sound Lot- SCTM 1000-83-1-35): 1.91 acres or 83,492 sq. ft. Parcel 2 (West Sound Lot- SCTM 1000-83-1-34): 2.06 acres or 89,821 sq. ft. Parcel 3 (Farm Lot- SCTM 1000-95-1-11.2): 19.72 acres or 809,230 sq. ft. • Area proposed to be transferred from SCTM 1000-95-1-11.2 (farm lot) to SCTM# 1000-83-1-33 & 34 (2 lots against sound) is 1.15 acres or 50,050 sq. ft. • Proposed area: Parcel 1 (East Sound Lot- SCTM 1000-83-1-35): 2.48 acres or 108,341 sq. ft. Parcel 2 (West Sound Lot- SCTM 1000-83-1-34): 2.64 acres or 115,012 sq. ft. Parcel 3 (Farm Lot- SCTM 1000-95-1-11.2): 18.57 acres or 809,230 sq. ft. 2 Soutrivld Planning Department Stagy. ,4eport ...... Required _ e n . _m�. .. _ q Submitted Cover LetterYes Re-Subdivision ivision Application Form Yes Authorization Letters � Yes _............. e.w _. of Pro deeds No Copy �. .Property Copy of all COs Yes Copies of Easements, C&Rs None submitted Lot Recognition Proof Yes, Set Off approved May 28, 1985 entitled Henry Domaleski Short Environmental Assessment Form m' Yes Application Fee Yes the required $500 Six Copies of survey showing existing No however shown on the re-subdivision conditions plan. Six Copies of the Re-Subdivision Plan Yes- however, the map shows Parcel 3 as showing proposed lot line 19,726 acres instead of 19.726 acres/ 18,577 configurations acres instead of 18.577 acres. Draft Deeds which includes a reference Yes to the Planning Board and a sketch illustrating the modification V: Staff Recommendations 1. Find the application incomplete with the following to be submitted and revised: a. Revise the Area data table to show Parcel 3 the existing area as 19.726 acres instead of 19,726 acres and Parcel 3 the proposed area as 18.577 acres instead of 18,577 acres. (Note the comma must be replaced with a period) b. Submit existing deeds for all three parcels. 2. Once the revised map is submitted to the Planning Department recommend the following i. Send out referrals to all applicable agencies for review. ii. Set the Public Hearing at the next available public meeting. The next public meeting scheduled is December 7th 3. Consider a C&R that prohibits further subdivision of the lots, 3 'EPLMV�ILqL[Joard tE-1 -1.1'I-'.,-' November 2, 2015 r 0'1111' uai�'� 0f w�n�,Ms. Aly Sabatino, Planner Town of Southold Southold, New York 11971 Dear Aly, Please accept our application for a lot line change which includes the following property addresses: 8869 Oregon Road, 8865 Oregon Road and 8871 Oregon Road,Cutchogue, New York. I have included a notarized letter from Ertan Yenicay authorizing me as the agent. I have also included draft deeds from our attorney,James Spiess, along with CO's for all structures on the premises. Six copies of the surveys and plans are included. A short environmental assessment form is attached along with the application. Let me know if I need to provide any additional materials. Thank you for your consideration. a , Sohn C. Biggane copy: Ertan Yenicay r SOUTHOLD PLANNING DEPARTMENT Re-subdivision (Lot Line Modification) Application Form APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: W 1. Original Subdivision Name .. 2. Suffolk County Tax Map#(include all tax map parcels involved) m, � .� . 3. Hamlet P ...... u 4. Street Location NA 5. Acreage of Site 6. Zoning District m 7. Date of Submission 8. Please provide the names, addresses and phone numbers for the following people: Applicant: 41. M " M... Re-Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following .,. Agent: m_ "° . LI 7 Property Owner(s):,, Surveyor: 60#,-0, 1 Engineer, . M Attorney: ^ ,. 9. Briefly describe the proposed lot line change and state reason(s)for requesting same. M Y �m 2 Re-Subdivision Application Form 10.DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? (b) Affect any area reserved for public use? (c) Diminish the size of any lot? _ (d) Create an additional building lot? m (e) Create a nonconforming lot? IJ (f) Require a variance from the Zoning Board of Appeals? A)— (g) Impact the future planning of the subject properties? 11. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot ear n titW ' "es . No.................. _. If"yes", explain liow 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. ------------- Y-1111 . - -- ----I'll, 13. Application completed by _ a;awner [ ] 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 4 240-57. 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. Signature of Preparer �� �, Date � ] 3 Re-Subdivision Application Form 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 purpo-se 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: 11 s . ., ..m..... L ;a at,1 i t, .iiddle aaaftaad 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 Site Plan Other(Please name other activity) -- --� C. .#.. .... ..........m 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 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 n 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: Signature wre � � ���......� .t ..�� aa• ��� .m Print Name . Disclosure Form October 22, 2015 To: Southold Planning Department Re: Subdivision/Site Plan Process Dear Sirs, I, Ertan Yenicay,owner of the property identified as 8889 Oregon Road, Cutchogue—County Tax Map No. 473889, Section 83, Block 1, Lot 33, hereby authorize Jack Biggane to act as my agent and handle all necessary work involved in the subdivision/site plan process with the Town of Southold Planning Board. Signature: Swom before me on this 22nd day of "r.to" r, 2015 I E'LCENI BURNq Notary: C OF WW jW&y l0 50008406 �()D FORM NO. 4 TOWN OF SOUTHOLD BUILDIM DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No; Z-32103 Date: 1 26 6 THIS CnMF1= that the building Location of Property: 8869 ORW6N RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map go. 473889 Section 83 Block 1 Lot 33 Subdivision - Filed Map No. Lot No. conforms substantially to the Application for Puilding permit heretofore filed in this office dated JULY 25, 2006 pursuant to which Building Permit leo. 32243-Z dated JULY 27, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued isAC18E;�7RY STORAGE SUCC76C0 IN TH8 R YARD AS ]�9PL FOR. The certificate is issued to JOSH SiJOUBT (0MM) of the aforesaid building. SUFFOLK COUNTY DEPAR'ME= OF E88LTR APPROVAL N/A ELECTRICAL CORTIFICATE NO. N-569809 09/20/0 PLUS CERT117ICATIOU[ DATED N/A Au ",zed Signature Rev. 1/81 FORM UO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30493 Date: 12!08/04 THIS CERTIFIES that the building Location of Property: @969 oncbN RD_ CUTCHOGUE (HOUSE N0.) (STREET) (HAMLET) County Tax Map No. 423989 section 83 Block 1 Lot 33 Subdivision Filed Map No. Lot No. conforms subetantially to the Application for Building Permit heretofore Piled in this office dated MARCH 4, 1003 pursuant to which Building Permit No- 29196-Z dated MARC^ FI dam- 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued in ACCESSORY TENWIS COURT IN THS FRONT YARD AS APPLIED FOR. The certificate is issued to .TOSS SU USS (OWAERI of the aforesaid building. I SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A xLECTRICAL CERTIFICATE NO. N/A PLUMBERS CxRTZFICATion DATED c ._ th ),rcad ignature Rev. 1/81 FOR14 1-10. 4 TOWN OF -SOUTHOLD BUILDING DEPAPT. MENT Office of the Building Inspector Town Hall Southold. N.Y. CERTIFICATE OF OCCUPA4CY No: Z-30491 Date: 10/0810-4 THIS CBRTIFIBS that the building __., ACCB9SORY Location of Property: 8869 OREGON PM CUTCHOGUE (HOJSE )JO.) ISTREETJ (HAMLET) County Tax Map No. 473889 Section 83 Block 1 Lot 33 91, ivision Piled Map No. Toot No. conforms substantially to the Application for Building Permit heretofore filed in this Office dated MARCH 4 2003 pursuant to which Building Permit No. 29104-Z dated MARCS _4,_2003 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 ,ACCESSORY I)JR"s"ff1OUPID SSWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to JOSE SU(X= Pmm roWN8R1 of the aforesaid building. SUFFOLK COUWff DEPARTYMT OF MMLTH APPROVAL ri/}► �_w BLBCTRICAL CERTIFICATE NO. 2019245 08120 04 PLt1MpERS CERTIFICATION DATBa pry hear 1.1, S nstuare� Rev. 1/81 FORM NO. 4 TONN OF 80UTBOLD BUILDING DEPAP.THM Office of the Building Iaapeetor Tom Nall Southold, N.Y. CERTIFICAT8 OF OCCUPANCY go.- Z-28049 Dates 1 02 01 THIS CDa vTns that the building ,,,-„,NEN DMrSNG - Location of PrOpectya 8869 ORIGON RD (iEUEB NO.) (STREET) (NANLET) County Tax Map Ro. 4738x9 Section 83 Block 1 Lot 33 Subdivision Filed Msp Ho. kot.Ro- confoama substantially to the Application for Building Permit heretofore filed in this office dated APRIL 7, 2000 t to vhich Building Pernit Y0. ML0,6-Z dated _„t®AY-LT, 200 was issued, and conforms to all of the regnir+amanto of the applicable provisions of the law. The occupancy for which this certificate Is issued $s On y ,Ly DWELLING WITH COVBRBD p02M PATIO AND A The certificate is issued to NORTH DAY PROPBRTINE INC (OWNER) of the aforesaid building. SU"GLK C90=D3pAWnMW OF MMM AppROMR$Q-QO-0091 30 31 OZ EL CMICAL CBRTIFICATB 20. N 549007 09 20 o DATED 0 31 OS a , hors ani Signature Rev, l/81 91re COPY Rev. 2/19/98 FORM NO. 4 TOM OF 90UTHDLQ BUILDINO DSPASTM1i1Tf Office Of the Building Inspector Town (tall Southold, N.Y. CSR2IFICATS OF OCCUPANCY No: Z-26049 Date, 1 O O1 TMS CM=WB9 that the wilding Location of PYvpetty s{tR?T7SB'0369 O E N (STRUT) County Tax Map No, 4Z.1"S Ser..tion 11 Block fast Subdivision piled Mep No. Lot.No. conforms subatantially to the Application for Building Permit heretofore filed iut this office dated APRIL 7­2900 Vnzageat to vhLch BuildL* Patrait Yn. 19-01--Z-Z dated MAY 17. 2000 was issued, and coufmvm to 611 of the requiresents of the appLicable provisions of the law. The occupancy for which this certificate is issued is go FAMILY DNSLt.YNO NYTR COIBRED.PORCS, PATIO A ATTACHBD TRR 6 C AS PLIED VOR.j__ , The certificate is issued bo NOM MY PROPSRTIRS INC (ONM) of the aforesaid building. SUMLK COW=ESPARMW OF HMMMM APPROM R10-90-OOSS l0 1 1 SLSCTRICAL CSSMFXCATZ 100. N 569807 0 20 01 2OZ31101 v tri ed Signature Rev. 1/81 ]►e O r COPY Rev. 2/19/98 FORM NO. 4 TOM OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30916 Date: 05/13/05 TSIS CERTIFIES that the building ACCESSORY Location of Property: 8871 OREGON RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 83 Block 1 Lot 34 Subdivision T Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 26, 2005 pursuant to which Building Peximit No. 31085-Z dated APRIL 26 2005 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 ACCESSORY IN'GROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to JOHN C & MARGARET G. BIGGANE {OWNER) of the aforesaid building. SUFFOLK OOUNrr DEPARTN EW OF HEALTH APPROVAL N/A SLBCTRICAL CERTIFICATE NO. 530320 04/22205 PLUMBERS CERTIFICATION DATED N/A Authorized Signature Rev. 1/81 y Page 2-June 20,2002 ZBA Appl.No.5131—J.and M.Biggane PhMei 83.-1-34 at Cutchogue 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. Due to the uniqueness of this application with only one neighbor, which is owned by the applicants, this tennis court will have no physical or environmental impact. "If ever this lot or the lot directly below this lot in questioned is sold there must be a lot line change in the Vacant lot to acuminate the appropriate front yard set back as the code requires at this time. S. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an accessory tennis court, while preserving and protecting the character of the neighborhood and the health,safety,and welfare of the community. BARD RESOLjjTION ACTIN OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Chairman Goehringer,and duly carried,to GRANT the variance, as applied for, AND SUBJECT TO the condition that when the applicants' adjoining lot 1000.95.-1-1t.2 (to the south) is transfe am le, then a lot line change application and approval is necessary to effectuate a confor g 60' rant yard setback or the setback of the current zoning code in effect at that time. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goebringer (Chainn ;), Tortors, Horning, Oliva, and Orlando. This Resolution was duly adopted(5-0). GG:voAk �"era,rd P.Goebr wry r,C Sinn RECEIVED AND FILED BY TIDE SOUTHOLD TOWN CLARK DATE x/116 L HOUR • d Tovm Clerk, Town of Southold r APPEALS BOARD MEMBERS � FF A" Southold Town Hall Gerard'P. Oo hrin8er„Chairman 53095 Main Road � Lvdia A.Tortora P.O. Box 1179 Oeore horning Southold,New York 11971-095964 Ruth N .Olins ZBA Fax(631)765-90 Vincent Orlando Telephone(631) 765-1809 http:/Isoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20,2002 Appl. No.5131-John&Margaret Biggane Property Location: 8871 Oregon Road,Cutchogue; Parcel 83.-1-34. BASIS gf APPLICATION: Building Department's January 25, 2002 Notice of Disapproval for the reason that applicants'proposed tennis court at less than 60 feet from the front lot line. AUA YAWANCE REQUESTED: Applicants are requesting a variance under Section 100-33C to locate a 60' x 100' tenn-s court structure in the southerly yard with a setback of 15.8 feet from the southerly property line.24 ft from the easterly lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board funds the following facts to be true and relevant. P&QPE$TV DENCRIPTION: Applicants' property is located on a private right-of way extending from the north side of Oregon Road in Cutcbogue. This lot is referred to as Lot 2 in the Minor Subdivision of Henry Domaleski, and contains an area of 2.05 acres, or 89,350 sq. ft., with a width of 145.75 feet,depth of 604.17 along the east side,and 148.27 ft. along the Long Island Sound. The lot is improved with a two-story frame dwelling and accessory pool structure as depicted on the February 3, 2000 survey revised June 27,2001 prepared by S.Laksen,Jr. MONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant,and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The same family owns the"only"neighboring house. Also in this water front area it is typical to have accessory buildings in the front yard. 2. The benefit sought by the applicant can be achieved with a change in the lot line for applicants' adjoining property. Due to the topography on this lot,this is the logical location without removing several hundred yards of soil 3. The requested area variance is substantial since the existing front yard set back is 15 feet 8 inches and requires a 60 feet set back. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31084 Z Date APRIL 261, 2005 Permission is hereby granted to: JOHN C & MARGARET BIGGANE 168 EUSTON ROAI. GARDEN "ITT NN 1 0 for CONSTRUCT AN ACCESSORY TENNIS COURT IN THE FRONT YARD OF A WATER- FRONT PARCEL ATER-FRONTPARCEL AS APPLIED FOR & AS PER CONDITIONS OF ZBA. (THIS REPLACES BP#29006) at premises located at 8871 OREGON RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0001 Lot No. 034 pursuant to application dated APRIL 26, 2005 and approved by the sp expire w. Building inspector to ire on OCTOBER 26 2006, Fee $ 75.00 qDA.Ut or zed Signature ORIGINAL Rev. 5/8/02 ® Form No-6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ���"e 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANC This application must be filled in by typewriter or ink and submitted to the Building Depa u t 11W�ODying: A. For new building or new use: 1. Final survey of property with accurate location of all buildings,property lines,streets,and unusual natural or topographic features. 2. Final Approval from Health Dept.of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation Brom Board of Fite Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2110 of I%lead 5. Commercial building, industrial building,multiple residences and similar buildings and installations,a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings(prior to April 9,1957)non-conforming uses,or buildings and"pre-existing"land uses: 1. Accurate survey of property showing all property lines,streets,building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy-New dwelling$25.00,Additions to dwelling$25.00,Alterations to dwelling$25.00, Swimming pool$25.00.Accessory building$25.00,Additions to accessory building$25.00,Businesses$50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy-$.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy-Residential$15.00,Commercial$15.00 Date. New Construction: Old or Pre-existing Building: 4W (check one) 1 Location of Pro �v' —House No. Street . f rt it t c Hamlet Owner or Owners of Property: l''k v,y`.C Lot P _ Suffolk County Tax Map No 1000, Section Block C_....w C �a� _ e .�,..m.�,_....,—_._ Subdivision------,---- L Filed Map. Lot: Permit Na 1 C Date of Permit. Applicantl �1 Health Dept. ApproraL Underwriters Approval; Planting Board Approval: Request for: Temporary Certificate_ ....... Final Certificate: _ (check one) Fee Submitted: S r Applicant. igaa�ure 091 C FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30917 Date: 05/13/05 THIS CERTIFIES that the building ACCESSORY_ Location of Property: 8871 OREGON RD _ CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 83 Block 1 Lot 34 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 26, 2005 pursuant to which Building Permit No. 31084-Z dated APRIL 26, 2005 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 ACCESSORY TENNIS COURT IN THE FRONT YARD AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5131 DATED 6/20/02. The certificate is issued to JOHN C & MARGARET BIGGANE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF MMLTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A_ PLUMBERS CERTIFICATION DATED ^^ NIA At horized Signature Rev. 1/81 FORM NO. 3 r)� m TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 26451 Z Date APRIL 1312000 Permission is hereby granted to: JOHN ABBOTT PO BOX 167 'TI TUCK,NY 11952 2 for CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING WITH ATTACHED TWO CAR GARAGE FRONT & REAR PORCHES AS APPLIED FOR & TO CONDITIONS OF Z.B.A. at premises located at 8871 OREGON RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0001 Lot No. 034 pursuant to application dated MARCH 28, 2000 and approved by the Building Inspector. Fee ; 11316.20 Authorize Signa tiVb COPY Rev. 2/19/98 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-29431 Date: 05/12103 THIS CERTIFIES that the building NEW DWELLING Location of Property: 8871 OREGON RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 83 Block 1 Lot 34 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 28 2000 pursuant to which Buil �......, Perau.t No. 26451-Z dated APRIL 13 2000 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 ONE FAMILY DWELLING WITH FRONT AND REAR COVERED PORCHES, SECOND STORY BALCONIES AND ATTACHED TWO CAR GARAGE AS APPLIED FOR. _ The certificate is issued to JOHN C & MARGARET G BIGGANE (OWNER) of the aforesaid building. SUFFOLK C0UWZ DEPARTlW OF HEALTH APPROVAL R10-00-0052 03106/03 ELECTRICAL CERTIFICATE NO_ N 561295 06/15/01 PLUMBERS CERTIFICATION DATED 04/08/03 TIMOTHY TAUB Atx Siglature Rev. 1/81 Standard N.Y-B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of NOVEMBER, 2015, BETWEEN JOHN C. BIGGANE and MARGARET G. BIGGANE, his wife, residing at 8871 Oregon Road, Cutchogue,New York, 11935, party of the first part, and JOHN C. BIGGANE and MARGARET G. BIGGANE„ his wife, residing at 8871 Oregon Road, Cutchogue, New York 11935, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($10.00) w----------------------------- -------------------------------------------------------------------------------------------------------------------------------------Dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed dated March 16, 2009 which was recorded in the Office of the Clerk of the County of Suffolk on April 6, 2009 in Liber 12584 at page 842, together with other premises in accordance with a Lot Line Modification approved by the Southold Town Planning Board for Lots identified by SCTM Nos. 1000-095.00-01.00-011.002; 1000-083.00- 01.00-033.000; and 1000-083.00-01.00-034.000. O 3� ODo 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 of 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, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever 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: NI C BIGGANE MARGAOET C B GGAI TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of SUFFOLK State of New York, County of SUFFOLK Ss: SS: On the day of NOVEMBER, in the year 2015 before me,the undersigned, personally appeared On the day of in the year JOHN C. BIGGANE and MARGARET G. BIGGANE 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 personally known to me or proved to me on the basis of (are) subscribed to the within instrument and acknowledged to satisfactory evidence to be the individual(s) whose name(s) is me that he/she/they executed the same in his/her/their (are) subscribed to the within instrument and acknowledged to capacity(ies), and that by his/her/their signature(s) on the me that he/she/they executed the same in his/her/their instrument, the individual(s), or the person upon behalf of which capacity(ies), and that by his/her/their signature(s) on the the individual(s)acted, executed the instrument. 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) (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia,Territory, or Foreign Country)of ss: County of On the day of December in the year, before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS Title No. JOHN C. BIGGANE and MARGARET G. BIGGANE, BLOCK LOT HUSBAND and WIFE, COUNTY/TOVAJecorded at Request of TO Bfi-$6%ND TITLE INSURANCE COMPANY JOHN C. BIGGANE and MARGARET G. BIGGANE, HIS WIFE, RETURN BY MAIL.TO` ._......... 77AONMIIAN RM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by MCNULTY-SPIESS, P.C. 214 Roanoke Avenue Commonwealth P.O. Box 757 Riverhead, NY 11901 COMMONWEAL P- LANn'DII-E iNSURA:NCF..COMPANY IL.......... w U U- U- 0 O O Z K O U W Q: LL O W W 7 O W U Q d U tri SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point along the northerly line of land now or formerly of John C. Biggane and Margaret G. Biggane, where the same is intersected by the easterly line of land to be herein described, said point being the following five (5) courses and distances from the corner formed by the intersection of the northerly side of Oregon Road and the westerly side of Duck Pond Road: (1) 525 feet more or less westerly along the northerly line of Oregon Road to a point at the southwest corner of land now or formerly of Duck Pond Road Associates, Inc., (2) North 37 degrees 22 minutes 40 seconds West along the westerly line of above said land, 479.75 feet to a point; (3) North 42 degrees 29 minutes 20 seconds West along the westerly line of above said land, 260.73 feet to a point; (4) North 37 degrees 52 minutes 10 seconds West along the westerly line of above said land, 1876.23 feet to a point at the southwest corner of Lot 13, as shown on a certain map entitled "Map of Birch Hills", filed in the Office of the Clerk of Suffolk County on July 19, 1967 as File No. 4908; (5) North 37 degrees 33 minutes 40 seconds West along the westerly lines of Lot 13, 240.55 feet to a point and the true point or place of BEGINNING; RUNNING THENCE South 74 degrees 35 minutes 22 seconds West 315.37 feet to a point on the easterly line of land now or formerly of Marie Sara Garvey Thompson; RUNNING THENCE North 37 degrees 06 minutes 10 seconds West along the westerly line of above said land, 771.93 feet to a point along the apparent high water mark of Long Island Sound; RUNNING THENCE North 74 degrees 34 minutes 30 seconds East along a tie line along the apparent high water mark of Long Island Sound 151.52 feet to a point along the westerly line of land now or formerly of Ertan Yenicay; RUNNING THENCE the following two (2) courses and distances along the westerly line of above said land: (1) South 37 degrees 33 minutes 40 seconds East 738.60 feet to a point; (2) South 74 degrees 35 minutes 22 seconds East, 157.17 feet to a point along the westerly line of Lot 13 as shown on above said map; RUNNING THENCE South 37 degrees 33 minutes 40 seconds East along the westerly line of Lot 13 as shown on above said map, 27.00 feet to the point or place of BEGINNING. TOGETHER WITH a non-exclusive 25 foot wide right-of-way running from the southeast corner of the above described premises to Oregon Road for access between said premises and Oregon Road and for the installation of utility equipment. The easterly line of said right-of-way being described as follows: BEGINNING at the southeast corner of the premises, at the true point or place of BEGINNING: RUNNING THENCE along land of"Birch Hills" and land now or formerly of Duck Pond Road Associates, LLC the following four (4) courses and distances: 1. South 37 degrees, 33 minutes, 40 seconds East, 240.55 feet; 2. South 37 degrees, 52 minutes, 10 seconds East, 1876.23 feet; 3. South 42 degrees, 29 minutes, 20 seconds East, 260.73 feet; and 4. South 37 degrees, 22 minutes, 40 seconds East, 479.75 feet to the northerly line of Oregon Road. Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 .... CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of NOVEMBER, 2015, BETWEEN ERTAN F. YENICAY, residing at 112 West 56th Street, Apr. 16-S, New York, New York 10019, and JOHN C. BIGGANE and MARGARET G. BIGGANE, his wife, residing at 168 Euston Road, Garden City, New York, 11530 party of the first part, and ERTAN F.YENICAY, residing at 112 West 56th Street, Apt. 16-S, New York, New York, 10019, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($10.00) ------------ ----------------_ ---------—-------------------------------------------------—----------—------------------------------—------Dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) BEING AND INTENDED TO BE the same premises conveyed to Ertan F,. Yenicay by Deed dated March 28, �} 2014 which was recorded in the Office of the Clerk of the County of Suffolk on April 8, 2014 in Liber 12769 at page 914, together with other premises in accordance with a Lot Line Modification approved by the Southold Town Planning Board for Lots identified by SCTM Nos. 1000-095.00-01.00-011.002; 1000-083.00-01.00- ��3,p0� 033.000; and 1000-083.00-01.00-034.000. 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 of 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, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever 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: ERS F. YENIC �, JO & ANS ° MARGARE Raj C. BIG ANE TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of SUFFOLK State of New York, County of SUFFOLK ss: ss: On the day of NOVEMBER, in the year 2015 before me,the undersigned, personally appeared On the day of NOVEMBER, in the year 2015 ERTAN F.YENICAY before me,the undersigned, personally appeared personally known to me or proved to me on the basis of JOHN C. BIGGANE and MARGARET C. BIGGANE, satisfactory evidence to be the individual(s) whose name(s) is personally known to me or proved to me on the basis of (are) subscribed to the within instrument and acknowledged to satisfactory evidence to be the individual(s) whose name(s) is me that he/she/they executed the same in his/her/their (are) subscribed to the within instrument and acknowledged to capacity(ies), and that by his/her/their signature(s) on the me that he/she/they executed the same in his/her/their instrument, the individual(s), or the person upon behalf of which capacity(ies), and that by his/her/their signature(s) on the the individual(s) acted, executed the instrument. 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) (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory, or Foreign Country)of ss: County of_..... On the day of December in the year, before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS Title No.. ERTAN F. YENICAY, JOHN C. BIGGANE and BLOCK MARGARET G. BIGGANE, his wife, LOT TO COUNTY/TOVAlecorded at Request of ERTAN F. YENICAY N B5$E4ND TITLE INSURANCE COMPANY RETURN B MMLTO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by McNULTY-SPIESS, P.C. 214 Roanoke Avenue Commonwealth P.O. Box 757 1� ul:ri IcMIIICA Riverhead, NY 11901 COMMOIV"dVU::/'11111 N I...AND"V11 Z I.,E NSUJ18ANCE COMPANY w U LL LL O Z_ O K O U W X LL 0 W N D W O LL W U Q d N cJY SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point along the westerly line of Lot 11 as shown on a certain map entitled "Map of Birch Hills", filed in the Office of the Clerk of Suffolk County on July 19, 1967 as File No. 4908, where the same is intersected by the southerly line of land now being herein described, said point being also the following five (5) courses and distances from the corner formed by the intersection of the northerly side of Oregon Road and the westerly side of Duck Pond Road: (1) 525 feet more or less westerly along the northerly line of Oregon Road to a point at the southwest corner of land now or formerly of Duck Pond Road Associates, Inc., (2) North 37 degrees 22 minutes 40 seconds West along the westerly line of above said land, 479.75 feet to a point; (3) North 42 degrees 29 minutes 20 seconds West along the westerly line of above said land, 260.73 feet to a point; (4) North 37 degrees 52 minutes 10 seconds West along the westerly line of above said land, 1876.23 feet to a point at the southwest corner of Lot 13, as shown on above said map; (5) North 37 degrees 33 minutes 40 seconds West along the westerly lines of Lot 11, 12 and 13, 267.55 feet to the true point or place of BEGINNING; RUNNING THENCE South 74 degrees 35 minutes 22 seconds West, 157.17 feet to a point; RUNNING THENCE North 37 degrees 33 minutes 40 seconds West, 738.60 feet to a point along the apparent high water mark of Long Island Sound; RUNNING THENCE North 70 degrees 39 minutes 59 seconds East along a tie line along the apparent high water mark of Long Island Sound 153.26 feet to a point along the westerly line of"Park and Playground" as shown on above said map; RUNNING THENCE South 37 degrees 33 minutes 40 seconds East along the westerly lines of"Park and Playground" and Lots 1, 11, 12 and 13 as shown on above said map, and the westerly terminus of Glen Court, 749.91 feet to the point or place of BEGINNING. TOGETHER WITH a non-exclusive 25 foot wide right-of-way running from the southeast corner of the above described premises to Oregon Road for access between said premises and Oregon Road and for the installation of utility equipment. The easterly line of said right-of-way being described as follows: BEGINNING at the southeast corner of the premises, at the true point or place of BEGINNING: RUNNING THENCE along land of"Birch Hills" Subdivision and land now or formerly of Duck Pond Road Associates, LLC the following four (4) courses and distances: 1. South 37 degrees, 33 minutes, 40 seconds East, 267.55 feet; 2. South 37 degrees, 52 minutes, 10 seconds East, 1876.23 feet; 3. South 42 degrees, 29 minutes, 20 seconds East, 260.73 feet; and 4. South 37 degrees, 22 minutes, 40 seconds East, 479.75 feet to the northerly line of Oregon Road. Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of NOVEMBER, 2015, BETWEEN JOHN C. BIGGANE and MARGARET G. BIGGANE, his wife, residing at 168 Euston Road, Garden City, New York, 11530, party of the first part, and JOHN C. BIGGANE and MARGARET G. BIGGANE, his wife, residing at 168 Euston Road, Garden City, New York, 11530, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($10.00) —------- --------_-- ---------I---------.-,__—--------------------------------- paid -_.- ___..__W_paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: (SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF) BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed dated June 3, 2000, which was recorded in the Office of the Clerk of the County of Suffolk on August 9, 2000 in Liber 12061 at page 858, in accordance with a Lot Line Modification approved by the Southold Town Planning Board for Lots identified by SCTM Nos. 1000-095.00-01.00-011.002; 1000-083.00-01.00-033.000; and 1000- 9//, 000- 9l/, 083.00-01.00-034.000. 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 of 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, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever 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; HI's C BIGG9NE ., MARGA C. WdGAN ,67 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of SUFFOLK State of New York, County of SUFFOLK ss: ss: On the day of NOVEMBER, in the year 2015 before me,the undersigned, personally appeared On the day of in the year JOHN C. BIGGANE and MARGARET G. BIGGANE 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 personally known to me or proved to me on the basis of (are) subscribed to the within instrument and acknowledged to satisfactory evidence to be the individual(s) whose name(s) is me that he/she/they executed the same in his/her/their (are) subscribed to the within instrument and acknowledged to capacity(ies), and that by his/her/their signature(s) on the me that he/she/they executed the same in his/her/their instrument, the individual(s), or the person upon behalf of which capacity(ies), and that by his/her/their signature(s) on the the individual(s)acted, executed the instrument. 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) (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia,Territory, or Foreign Country)of ss: County of On the day of December in the year, before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS Title No. JOHN C. BIGGANE and MARGARET G. BIGGANE, BLOCKLOT HIS WIFE, COUNTY/TOVAbcorded at Request of C. BIGGANE and MARGARET G. BIGGANE, HIS WIFE, fAND TITLE INSURANCE COMPANY RETURN BY Mall...TO.. 77STANDARDORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by McNULTY-SPIESS, P.C. 214 Roanoke Avenue Commonwealth P.O. Box 757 u.N) .Rh n CON 1111_,AN),� Riverhead, NY 11901 COMMONWEALTH LAND TITLE,INSUPA.NCE.COMPANY W U O Z O U W W W O W O K O W W U Q 6. O C+7 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point along the northerly side of Oregon Road where the sane is intersected by the easterly line of land to be herein described, said point being also 525 feet more or less westerly along the northerly side of Oregon Road from the corner formed by the intersection of the northerly line of Oregon Road and the westerly side of Duck Pond Road to the true point or place of BEGINNING; RUNNING THENCE South 53 degrees 31 minutes 10 seconds West along the northerly side of Oregon Road, 70.33 feet to a point at the southeast corner of land now or formerly of Alex Domaleski and Stella Domaleski; RUNNING THENCE along the easterly and northerly lines of above said land the following three (3) courses and distances: (1) Northeasterly along the arc of a curve to the left having a radius of 20.00 feet and a length of 31.73 feet to a point; (2) North 37 degrees 22 minutes 40 seconds West, 342.91 feet to a point; (3) South 52 degrees 53 minutes 50 seconds West, 295.09 feet to a point along the easterly line of land now or formerly of Marie Sara Garvey Thompson; RUNNING THENCE North 37 degrees 06 minutes 10 seconds West along the easterly line of above said land, 2608.73 feet to a point; RUNNING THENCE North 74 degrees 35 minutes 22 seconds East 315.37 feet to a point on the westerly line of Lot 13 as shown on a certain map entitled "Map of Birch Hills", filed in the Office of the Clerk of Suffolk County on July 19, 1967 as File No. 4908; RUNNING THENCE four (4) courses and distances along the westerly lines of the aforementioned Lot 13, and land now or formerly Duck Pond Road Associates, LLC: (1) South 37 degrees 33 minutes 40 seconds East 240.55 feet to a point; (2) South 37 degrees 52 minutes 10 seconds East, 1876.23 feet to a point; (3) South 42 degrees 29 minutes 20 seconds East, 260.73 feet to a point; (4) South 37 degrees 22 minutes 40 seconds East, 479.75 feet to the point or place of BEGINNING. SUBJECT TO a non-exclusive 25 foot wide right-of-way for the benefit of access to the two (2) premises to the North from Oregon Road, and for the installation of utility equipment, the easterly line of said right-of-way being described as follows: BEGINNING at the southeast corner of the above described premises, at the true point or place of beginning on the northerly line of Oregon Road; RUNNING THENCE along land now or formerly of Duck Pond Road Associates, LLC and Lot 13 as shown on a certain map entitled "Map of Birch Hills" filed in the Office of the Clerk of the County of Suffolk on July 19, 1967 as File No. 4908, the following four (4) courses and distances: 1. North 37 degrees, 22 minutes, 40 seconds West, 479.75feet; 2. North 42 degrees, 29 minutes, 20 seconds West, 260.73 feet; 3. North 37 degrees, 52 minutes, 10 seconds West, 1876.23 feet; and 4. North 37 degrees, 33 minutes, 40 seconds West, 267.55 feet. Short Environmental Assessment Form Part 1 -Project Information Instructions for Completins: 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 .....�.,� ..�..._�. .... ....... ......,_......m...__ Nana of Action or Prrajc t: Project eatirn(desc� d attch as o�map):w Brief Description of Proposed Action: .. . P ��ba a -f ival or Sponsor: &M 1 Name of Applicant p phone: Address. ........................ .._.rw.� w.. _ ..m�.....— _.m......... .. �_. .Wwww .... City/PO. State: Zip Code: 1. Does the proposed eti rn only involve the legislative adoption o9"a plan,local law,or'd ra nce, O YES .m._, _....._ administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that El Ea 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: 'w 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3w ,aures .. ...._ _.aa ... .. �. ._w. .. . 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban [3 Rural(non-agriculture) ❑Industrial [-]Commercial ❑'"pesidential(suburban) ❑Forest„ agriculture ❑Aquatic ❑Other(specify):, ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? m b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant � _ ES p p p 'pant character of the existing built or natural O YE5 landscape? El D 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: .. ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO u w YESmm mmIl.. .... ....mm_ b.Are public transportation service(s)available at or near the site of the proposed action? Li c.Are any pedestrian accommodations or bicycle routesavailable on or near site of the proposed action? El 9.Does the proposed action 'meet ._.de_e_..... m..._ts or exceed the state energy code requirements? NO YES proposed � requirements,describe design features and technologies: If the ro osed actionn will exceed re remnts,� 10. Will the.. action connect to an existing public/private mww mm proposed g p private water supply? NO ,YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: __ 12. a.Does the s. contain a s __. _. _. . ......._.............._........._..._._.... __.._._........ e tructure that is listed on either the State or National Register of Historic NO YES Places? Ell El b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? qE1 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: _ m 14. 0 Shore lineylca❑Foresyes that occur off.,°culturaUgrassbeanu don th EEarlyt mid-successionalat apply:mmm ❑ Wetland ❑Urban ❑'uburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? El ❑..... 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 s p ources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? Oeft-} ES El 1:1 b.Will storm water discharges be directed to established conveyance systems(run ff and storm drain')'' If Yes,briefly describe: C YES Page 2 of 3 18.Does the proposed action include cons or other activities traction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: Ef ❑ �20.Has the site of thero osed action or an ad p p joining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ............ .. �......_.......�. I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicantlspo or name. m m .. " '.. 're - Date: r $n w ww Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 cru 11 .'.ul aod adver, ell"'Os, up .1 , e r t u� a 1 r: C..cru lu lc....[.. . ,xu1C 1..lcl"i r1r . 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., l �� � u � � ta � � a supporting � facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy ofthe LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northforknet),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION m .m. µ_ scrM . . ... �� ro.. PROJECT NAME The Application has been submitted to(check appropriate response): qq Town Board ❑ Planning Board a Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): yy (a) Action undertaken directly by Town agency(e.g. capital 1. construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit,approval,license, certification: Nature and extent of action: -- � Location of action: Site acreage: ...................— ............. Present land .................... ------ 4— ..................... - Present zoning classification: L --0 4 ......------- 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: D- .............................. (b) Mailing address ......................................... ................ ..........11111---------- (c) Telephone number: Area Code iL 3 L( 73 (d) Application number, if any:_ ......... Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 1:1 No 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. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use 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. E]Yes F] No Not Applicable ........................-.......... ........... .......................... .......... ------ ................ ................. .......... --—--- .......... ---—----- .....- __H..._ Attach additional sheets if necessary Policy 2. Protect anti pre-serve historic and archaeological resources of the Town of Southold. See LWRP Section .111- Policies Pa s 3 through 6 for evaluation criteria El YesEl No NotApplicable ................. - .......... _ ................ ..........-....... Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III– Poliei s Pages 6 through 7 for evaluation criteria E Yes Ej No Not Applicable ,. ,.m..,__. ... .s.,�.__ ...n e-c–es.... ..�,_..... .......... ....... .�..m...�...... ....... 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 IH– policies Pa through 16 for evaluation criteria Yes El No Not Applicable. Attach additional sheets if necessary .-- ----- Policy 5. protect: and iutpro a water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 1.6 tbrou 1 for evaluation criteria D 'es No 0 Not Applicable _.. . ... ,,........................ ... Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III– Policies; Pages 22 through 32 for evaluation rcriteria,. n Yes [—] No I Not Applicable ................ ........ ..................................... ...............------------------- ----------- ............. ..................................... ............. .................. ..................... -----..........................................................................- ................................................--............................................ ..... ... .............................................. ................... ..................- -------------- --------------------------- Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable ................... ................ ....... .............. .................... ..........................-.................................................................................................................................... ------....... ----------- ---------------------.............................................. ...................................... ................................ ........... ........ ...................--......I............ ....... .... 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 Not Applicable ........................................................ ...... .......................................................................................... .......... .......... ........... ........ . .........I.......... ------------- ----------------------------------------------------------------------- ............. .............. -------- ................. 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 1111-Policies; Pages 38 through 46 for evaluation criteria. Yes No ""Not Applicable ....................... ........... .......... .. ......... ...... .................... 'n'ec'es"s'ary...... .......................---- --------- ........... ........... ................................-.............................................. 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 ❑ Not Applicable ................... ------------------ —---------- ....... .................... ....,,m................................................. ............... ............................................................-................... -------- 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 I',,,WRP Section M–Policies; Pages 57 through 62 for evaluation criteria. EJ Yes1:1 No n," ""Not Applicable ............ ................................................ ......................... .......... ..... ...... .............. ......... ...... ............................................. .............. —-----.......................................... --—------- ............................................. .......... Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section M– Policies; Pages 62 through 65 for evaluation criteria. I It Yes 1:1 NoEl 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. El Yes F1 No Not Applicable ................. .......----.......... .......................................... ................. ............. ........................................ -------------------- ----------------------------------------- -----------...... –--------- ................ ...................... .............. .................... ............ -—-----------------............ ..............................--............... ......... PREPARED BY r TITLE DATE._.__ Amended on 811105 MAILING ADDRESS: PLANNING BOARD MEMBERS $0 �. P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY �w 54375 State Route 25 JAMES H.RICH III +� „ �` (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR COON, Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM, To: Accounting M From: Planning Department Date: November 2, 2015 Re: Checks Please deposit the attached check into B691: Deferred Revenue. Fee is for a Lot Line Change Application not yet accepted by the Planning Board. Thank you. Project Name & Type Tax Map # Amount Check Date & Number Jack Biggane 1000-83-1- $500.00 11%2%15 - #1304 Lot Line Change Application 34, 83-1-33, John C. Biggane Fee 95-1-11.2 JAM /, / / // 1/i///i/ /i//Yj i/ ✓%/// /%////il/ / /ij Aft. SET (M80 RY,NY .,.'Pay aM Phd'i, an f l * CITIBANK,N.A.BR.0236 2301 JERICHO TURNPIKE GARDEN CITY PARK,NY 11040 r " F of d „ 1:0 2 1000089 : L868 L 26 ton L 04 ISLAND SOUND So�No LONG „ E opo 0 -3430 " E N 7 0 53.26 K AND PLA74 YGROUND c Ov Qp N 151 .52' PAs SEN�cl R\P BOTTOM OF BLUFF �vll.. 2 • 10. P OF BVUFF O SO �S. O 1 SOP OF `L vi o OF OHO SUBJECT pp '^ PREMISES p PARCEL 2 ROUN T <� oc, G OL �\ 9 �! 60' R\OK PP FRPM� EN GOUg 9i �P000` 0 ?�5E GL ' �. 510 O SoSE KEY MAP C,�0� �— — - SCALE 1"=1000' o SS�s� o C E E �oP PARCEL 1MAR FPS GP � 00 o,P `a C� Cz 12016 R�\ R�'�KP Southold Town o J` G� Planning Board oGA cl Z _ a Fo��F 0 yr EOG OG LOT LINE MODIFICATION MAP R SI T UA TE CUTCHOGUE oo:`\` �ra� AREA TO BE TRANSFERRED _ / FROM PARCEL 3 TO PARCEL 1 / / // / / / `2 •� �. AREA = 24,849 sq. ft. ` \\\� °� G ,; 0.570 ac. TOWN OF SOUTHOLD AREA TO BE TRANSFERRED �•R S' �. / / / /,/ / F����Q SUFFOLK COUNTY NEW YORK FROM PARCEL 3 TO PARCEL 2 22�� W SSE S.C. TAX N o. 1000-95-01 — 11 .2 S 74 35 , SII AREA = 24,516 sq. ft. i� �� �� � / / /157.17 26.99. 1000-83-01 —33 0.563 ac. � �,�� �� �� " , 33+Op s 37' \\\;`\ROAD 288.38, \ �� S 27.16-1 0 1000-83-01 —34 N 74'3522 \ Vol PROPOSED \ J' SCALE 1 "=1.00' PROPERTY LINE \ Val w - = - - -- \ X_') • AUGUST 25, 2015 (5)� FEBRUARY 10, 2016 UPDATE SURVEY o \ s�k '01 \ \ LOT AREA DATA \'\ EXISTING PARCELS AREA TO BE TRANSFERRED .PROPOSED PARCELS \ FROM PARCEL 3 PARCEL 1 83,492 sq. ft. TO PARCEL 1 PARCEL 1 108,341 sq. ft. \ 1.916 ac. 2.487 ac. •\ �� AREA = 24,849 sq. ft. 89,821 sq. ft. 0.571 ac. 114,337 sq. ft. \ PARCEL 2 2.062 ac. PARCEL 2 2,625 ac. AREA TO BE TRANSFERRED \ p; 859,270 sq. ft. FROM PARCEL 3 809,905 sq. ft. PARCEL 3 19.726 ac TO PARCEL 2 PARCEL 3 18.592 ac. PARCEL 3 to 1 032,583 s ft. AREA = 24,516 sq. ft. 1,032,583 s ft. TOTAL � q• 0.563 ac. TOTAL q• 23.704 ac. 23.704 ac. \ o •\ 9 N \ U'. d \ •per \, G� \ �a \ o \ •vim .\ v o \ > \\ N \ 14 \ •d \ G. \ b N `\ J � \•\ .fir'. \ VO' r' \\ '\ F 0 ,Coag Qg \ 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 NEW YORK STATE LAND \ TITLE ASSOCIATION. ""' �-, •5� o3 \ C> nr '�1`�• v`, Sti dQ Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION OQ TO THIS SURVEY IS A VIOLATION OF Q Nathan T of t Corwin III SECTION 7209 OF THE NEW YORK STATE R��1 EDUCATION LAW. Land Surveyor THE L OF THIS SURVEY MAP NOT BEARING �� THE LAND SURVEYOR'S INKED SEAL OR TOBBESADVALIDLTRUELCOPYT BE CONSIDERED CERTIFICATIONS INDICATED HEREON SHALL RUN 0 Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 FOX (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 Vr\0 LO NG ISLAND SOUND 0_ so N 70.3g'56, ND p�yGROUND o�Rt opo N 74-34 30„ E 53.2 PARK A G��N� cue 1 ONG 5 1 ,52' ALWA1ER MAR S LINE NIGH i - ALONG MARK t�NAJUNE 21. 204 � -nny �' QO TIE LINE 3 AZp08 7i P �� PI NOVEMBER RP g0�0M OF B )FF �lJ�. 17j • 1103 OO O �0 �O ZOP OF 0 F , O 04- �o 01 ape �o T SUBJECT �p • !< PREMISES 90 PARCEL 2 GR°p C01jRT GP�aL °� s Npus 0 ''� <A�<e,7;�6 _ KEY MAP °°� %P�PPG� ss� l�C,O� D ( E n1,f�'7 SCALE 1"=1000' � � U`�� ROPE SGP P ! �o PARCEL 10 O� �s NOV 16 2015 0 O d <F o�� Southbld Town \ F��� o �� Planning Beard AN s p < p 4 0O LOT LINE 9� R ISIODIFICATION MAP SSt AREA TO BE TRANSFERRED SITUATE i9 FROM PARCEL 3 TO PARCEL 1 \�'°gam�` �eR/ / / / / / / i, •�� AREA = 24,849 sq. ft. � T � T 0.570 ac.If lJ � �� � � lJ AREA TO BE TRANSFERRED ST / 4.3�j'22" w S 37.33'40" E TOWN O F S O U T H O L D 7 FROM PARCEL 3 TO PARCEL 2 �;` S / �1 57 17' / / 27.00' AREA = 25,191 sq. ft. SUFFOLK COUNTY , NEW YORK 0.578 ac. —� `RAV `DWAY— C 5,37 / Va Oa �, S . C . TAX No . 1000 - 83 - 01 — 33 N 74•35'22�PROPOSED ��. � S . C . TAX No . 1000 - 83 - 01 — 34 PROPERTY EINE yQ S70 <1\ S . C . TAX No . 1000 - 95 - 01 — 1 1 . 2 V3 SCALE 1 "= 1 00' IO 01 ss� AUGUST 25, 2015 Z_ s \ AREA DA TA \ s EXISTING PARCELSPROPOSED PARCELS AREA TO BE TRANSFERRED \ � FROM PARCEL 3 \ O; 83,492 sq. ft. TO PARCEL 1 108,341 sq. ff. \ PARCEL 1 1.916 ac. PARCEL 1 2.487 ac. AREA = 24,849 sq. ft. PARCEL 3 \ 89,821 s ft. 0.571 ac. 115,012 s ft. \ PARCEL 2 2.062 ac. PARCEL 2 2.640 ac. \ AREA TO BE TRANSFERRED \ PARCEL 3 859,270 sq. ft. FROM PARCEL 3 PARCEL 3 809,230 sq. ff. \ 19.726 ac. TO PARCEL 2 18.577 ac. \ 1,032,583 s ft. AREA = 25,191 sq. ft. 1,032,583 s ft. \ TOTAL q' 0.578 ac. TOTAL q• 23.704 ac. 23.704 ac. \, O \ 9 \ \ \ \ \ 4� \ O \ BOO 9 \ tJ� \ 9 O \ a \ o \ C \ OG \ "x .\ y1po ,\ sa \ 6' �0, \ 9J- \ \ \\ kP \ 70, \ LA AA 7 PREPARED IN ACCORDANCE WITH THE MINIMUM0; \ �� STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. PPROVED AND ADOPTED 5 \ FOR SUC CIATIco�THE NE YORK STATE LAND C Q � �• .off•;s, `\ cn \ O UQ y4, f37 \ N.Y.S. Lic. No. 50467 R�� 1 y UNAUTHORIZED ALTERATION OR ADDITION Nathan Taft Corwin III TO THIS SURVEY IS A VIOLATION OFSECTION EDUCATION ZLAW.09 OF THE NEW YORK STATE Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING II Q� THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 LON G ISLAND SOUND \S�No01 0°39'S9'' � P�YGROUND 34+ " E N 153.26 PARK AND e \EN N 74-34'390" 4° '30_ 1 51 52 U t\E NE TLH\GH WA4ER MAR _ MARK TIE LINE ALONG WATER AppONO MBER 3. 2008 gO�OM OF gLUFF 70, 131- lop OF UFF O mss' O04- gU � a Q3 SOP y0 . SUBJECT ��y �o PREMISES 01 9p PARCEL 2 NGR pPAj\ 8 Mg r,r'�/ CDUgr �11;p 9 GROMN ��? R\GK N�Sg GLEN O<` S- POOL CP. `ro ti O KEY MAP s00� SCALE 1"=1000' o 'Oo PARCEL 1 0 O�4i 9 AN ST'P O< £ �p r� LOT LIN MODIFICATION MAr"--' E C ED V E015 j / ��� ; / 65�� ���� / SI T UA TE / QR°Q�R.�.t/ / � / � � AREA TO BE TRANSFERRED FROM PARCEL 3 TO PARCEL 1 Q Southold Town AREA = 24,849 sq. ft. o.s7o ac. C '�J T \j H O G LJII Planning Board AREA TO BE TRANSFERRED37�\ 35'22 w S 37°33 40 E TOWN OF S O U T H O L D FROM PARCEL 3 TO PARCEL 2 S 7 4° I / / AREA = 25,191 sq. ft. � /157.17 27.00' 0.578 ac. �,:; SUFFOLK COUNTY , NEW YORK �GRAV kP �O _DWAY� 5.37 .� S . C . TAX No . 1000 - 83 - 01 — 33 -Q O N 74°35'22„ w PROPOSED S . C . TAX No . 1000 - 83 - 01 — 34 PROPERTY t1NF 1 QOM , S . C . TAX No . 1000 - 95 - 01 - 1 1 . 2 SCALE 1 " = 100' 06', 'moo AUGUST 25, 2015 `P AREA DA TA \ s EXISTING PARCELS AREA TO BE TRANSFERRED PROPOSED PARCELS \ �� \ FROM PARCEL 3 \ O; PARCEL 1 83,492 sq. ft. TO PARCEL 1 PARCEL 1 108,341 sq. ft. \ 1.916 ac. 2.487 ac. AREA = 24,849 sq. ft. PARCEL 3 \ 89,821 s ft. 0.571 ac. 115,012 s ft. \ PARCEL 2 2,062 ac. PARCEL 2 2,640 ac. \ AREA TO BE TRANSFERRED \ PARCEL 3 859,270 sq. ft. FROM PARCEL 3 PARCEL 3 809,230 sq. ft. \ 19,726 ac. TO PARCEL 2 18,577 ac. \ TOTAL 1,032,583 sq. ft. AREA = 25,191 sq. ft. TOTAL 1,032,583 sq. ft. \ 23.704 ac. 0.578 ac. 23.704 ac. P \, 9 \ O \ 4 \ O \ �a \ o \ O00 v \ tJ1 \ 'y \ Ov O \ .a \ O \ tP \ \ \ \ O \ N \ n \ \ \ \ \ J�j \•\ qtr'. S 90� O \ 9J- CP \ \ \ \ PREPARED IN ACCORDANCE WITH THE MINIMUM r� STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED ` \ FOR SUCH USE BY THE NEW YOR -'SEAT LAN G�1� N3'� \ O TITLE ASSOCIATION. �, j''" ,, } S do s, � xr �� •\ by� { L „ •Q \ 5 qk N_ Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION +�O Nathan Taft Corwin Ill TO THIS SURVEY IS A VIOLATION OF 7209SECTION OFTHE NEW YORK STATE EDUCATION Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING I 0 THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fox (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.D. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947