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Home My WebLink About4612 a APPEALS BARD MEMBERS s FFO( Southold Town Hall Gerard P. Goehringer, Chairman 5=�0 Gy` 53095 Main Road James Dinizio, Jr. y Z P.O. Box 1179 Lydia A. Tortora �++ Southold,New York 11971 Lora S. Collins y George Horning �� ZBA Fax (516) 765-9064 'Ol �0 Telephone (516) 765-1809 #t �� BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 19, 1998 Appl. No. 4612 and 4632 — DAVID BURNHAM PARCEL 1000-10-4-7.1 and 9.3 (combined) STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is unimproved and is located on Fishers Island in an area known as the Penisula. The subject land identified on the Suffolk County Tax Maps as 1000- 10-4-7.1 is made up of lot numbers 22, 24 and 25 as shown on the Plan of the Peninsula at Fishers Island, filed with the Suffolk County Clerk March 11, 1913. This land is merged with land identified on the County Maps as 1000-10-4-9.3 is made up of lots numbered 21, 23, 79, and 80 on the aforementioned Plan, plus a right-of-way between lots 23 and 80. The subject land is separated by a 20-foot right-of-way. The total size is approximately 1.02 acre, according to a survey by Richard H. Strause dated October 6, 1997. This land nd intervening right-of-way were purchased by Elbert Burr in February 1964, together with a number of surrounding properties. In March 1974, Elbert Burr deeded the subject property, but not the intervening right-of-way, to his daughter, Bette Burr Spohn, and in October 1997 she sold the property to David and Anne Burnham. In April 1998, the property was transferred to the sole ownership of David Burnham. BASIS OF APPEAL: The Building Inspector issued a Notice of Disapproval on February 10, 1998, stating that the subject land being of nonconforming size in this R- 40 District and having both been owned by Bette Burr Spohn, is merged pursuant to Section 100-25A. Pagg 2—Appl. No. 4612 and 4632 (Burnham) Re. 1000-10-4-7.1 + 9.3 (combined/single parcel) ZBA November 19, 1998 Determination RELIEF REQUESTED BY APPLICANT: Counsel for the applicant stated in a letter dated October 1, 1998 that the application in fact is for a determination that not only are the two lots not merged with each other, but also that they are not merged with the adjacent lots (numbers 7.2, 7.4 and 8, in the case of Lot 1000-10-4-7.3; and numbers 9.2 and 9.4, in the case of Lot 1000-10-4-9.1). Applicant's concern is that the action by Elbert Burr in 1974, deeding the two subject lands to Bette Burr Spohn and deeding certain surrounding lots to other daughters, created lots that are not large enough to be recognized pursuant to Section 100-24A-1 of the Zoning Code. REASONS FOR BOARD ACTION and RESOLUTION/ACTION: On the basis of the testimony presented and personal inspection, the Board made the following findings: 1. The waiver will result in a significant increase in the density of theneigh- borhood as proposed by the applicant because two (2) nonconforming lots of 20,000+- 4uare feet would be created, when the requirement is 40.000 minimum lot size in this R-40 Zone. 2. The waiver would recognize a lot that is not consistent with the size of lots in the neighborhood because County Map Parcel #1000-10-4-7.1 would be dissected from a larger parcel of 4+- acres presently improved with one (1) single-family dwelling as shown on the County Tax Maps as Nos. 7.1, 9.3, 7.2., 7.4 and 8 combined, and also dissects Lot 1000-10-4-9.3 from a larger parcel of 1.50+- acre undeveloped land, now identified on the County Tax Maps as 9.3, 7.1, 9.2, and 9.4 (merged). 3. The waiver requested by applicant will not avoid economic hardship for the application because a waiver of the merger of No. 7.1 from No. 9.3 will not only create two ver( small nonconforming lots but will also strip the merged parcel (Nos. 7.1 and 9.3) of its waterfront property and greatly impact the economic value of the whole parcel. The waiver alternatively granted by the Board will avoid economic hardship for the applicant because a waiver of merger, leaving 7.1 and 9.3 combined as a single lot, separate from the remainder of the surrounding lots does create a lot that is 1.02+- acre in size, although a large portion is wetland area unusable for building purposes. 4. The natural details and character of the contours and slopes of Lot 7.1 and 9.3 together would not by necessity be significantly changed or altered, but a new single Lot 9.3 as requested would consist entirely of environmentally sensitive land in very Page 3—Appl. No. 4612 and 4632 (Burnham) Re: 1000-10-4-7.1 + 9.3 (combined/single parcel) ZBA November 19, 1998 Determination close proximity to the wetlands and flood areas of Darby's Cove. These environmental conditions are also expected to be adversely affect a change or alteration in contours or slopes, or substantial filling of land. Accordingly, on motion by Member Horning, seconded by Member Collins, it was RESOLVED, to DENY the applicant's request for separate Lot Waivers under 100- 26 as applied for Lot 7.1 separated from 9.3, and BE IT FURTHER RESOLVED, to GRANT AN ALTERNATIVE WAIVER SEPARATING THE COMBINED PARCEL, referred to as 7.1 and 9.3 on the County Tax Maps , from the surrounding properties, with the following CONDITIONS: 1) Applicant shall file with the Suffolk County Clerk a Declaration of Covenants and Restrictions: That Lot Nos. 7.1 and 9.3 shall be deeded as a single 1.02+- acre parcel for the purpose of proceeding with agency applications for future dwelling construction on the upland portion (No. 7.1); That combined Lot 7.1 and 9.3 shall not exceed one single-family dwelling for the total land area (1.02+- acre); That in the event any part of 7.1 or 9.3 is conveyed, that the land area either remaining or conveyed out, is NOT recognized as a lot under the Southold Town Zoning Code for a possible future dwelling. 2) The Declaration of Covenants and Restrictions shall be approved by the Town Attorney. 3) A conformed copy of the recorded Declaration shall be filed with the Board of Appeals. VOTE OF THE BOARD: AYES: Member Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). RECEIVED AND FIT ED BY I IGERARD P. GOEHRIN ER CHAIRMAN 11/21/98 p : z ii ooP�, Approved for Filing 10-4-7.1 & 9.3 (combined as one) Town C',- c Ll MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON,NEW YORK 11988 PHrLiP B.MATTHEWS 831-283-2400 (1912-1092) FACSIMILE 831-287-1079 STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.COM -OF COUNSEL - BARBARA T.HAM October 22, 2018 Ms. Kim Fuentes Town of Southold Board of Appeals P. O. Box 1179 Southold, NY 11971 Re: R. Bradford Burnham Merger Issues (SCTM No. 1000-010.00-04.00-009.003) Dear Kim: In accordance with the letter from Chairperson Weisman, dated September 5, 2018, a copy of which is enclosed, I have enclosed a certified copy of the recorded Declaration restricting any development on the referenced parcel. The Declaration,which was previously reviewed for form and content by your office and the Town Attorney, was recorded in the Office of the Suffolk County Clerk on October 17, 2018 in Liber 12983 page 289. With the submission of this recorded instrument, I believe the Zoning Board has no further problem with the issuance of a building permit for the merged parcel to the north which now bears the Suffolk County Tax Map Number 1000-010.00-04.00-013.010. Please review the enclosed and give me a call if you require any further information or documentation relating to this matter. Sincerely, Stephen L. Ham, III Enclosures cc: Mr. Michael Verity (w/copy of letter of September 5) Y� REDDIPT-El, Number of pages '=CT17 i s n s yN 111 H LE 1.L.=r.i', CJI' This document will be public S UFFO -. COIJJ'-,' record. Please remove all L C'0"001298= Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed,/Mortgage Tax Stamp Recording/Filing Stamps 3 [ FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 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. Held,for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total : family dwelling only. (/l� YES or NO Other ,, Grand Total �_..� 2 If NO, see appropriate tax clause on page# of this instrument. 4 Dist. ]nnn ni n nn nn nn -• ^^^ `)03 5 Community Preservation'Fund 3739297 1000 01000 0400 009003 " Real Property Consideration Amount $ Tax Service P T S I IIIIII VIII IpII VIII VIII VIII VIII III IIII Agency R DCPF Tax Due $ DNA Verification 16-OCT-1 Improved, Satlsfact, 6 - ,-..--1ya,nctcancr��rivNc�ryvwncnwwmttynuurds$ RECORD&RETURN TO: Vacant Land STEPHEN L.HAM,III,ESQ. TD MATTHEW S &HAM TD 38 NUGENT STREET SOUTHAMPTON,NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 -1 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name r,--, \ www.suffolkcountyny.gov/clerk Title# C,.,u.�=�'e<S s Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION made by: (SPECIFY TYPE OF INSTRUMENT) R. BRADFORD BURNHAM The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over r& S IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes' Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y.'11743 Southampton,N.Y. 11968 (631)351-32.17 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, 4-4 Judith A.Pascale Suffolk County Clerk dw 2/99 12-0104 06106kd <' CC# : C18-46108 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 10/17/2018 under Liber D00012983 and Page 289 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 10/17/2018 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL a I IIIIIII IIII VIII VIII VIII VIII VIII VIII(IIII IIII IIII I IIIIII VIII VIII IIIIIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 10/17/2018 Number of Pages : 5 At: 11 : 45: 14 AM Receipt Number : 18-0194836 LIBER: D00012983 PAGE : 289 District: Section: Block: Lot: 1000 010 . 00 04 . 00 009 . 003 EXAMINED AND CHARGED AS FOLLOWS 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 TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $6 .25 NO RPT $200 . 00 NO Fees Paid $271 .25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION- - DECLARATION, made the 2rJ day of October, 2018, by R. BRADFORD BURNHAM, now residing at 40 Fifth Avenue, New York, New York 10011, hereinafter referred to individually as the"Declarant". WHEREAS, the Declarant is the owner of a certain parcel of real property situate at a private road off Peninsula Road, Fishers Island, Town of Southold, Suffolk County, New York, as shown on the map entitled "Plan of Peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Conn. 1913", which map was filed in the Office of the Suffolk County Clerk on March 11, 1913,file No. 223, said parcel of real property bearing Suffolk County Tax Map Number 1000-010.00-04.00-009.003 and being more particularly described on Schedule A hereto (the"Subject Parcel'); and WHEREAS,pursuant to a determination previously made in connection with an application to the Board of Appeals of the Town of Southold for a waiver of merger, in granting relief for the applicant to build on another parcel, the Board imposed a condition prohibiting development of the,Subject Parcel; and WHEREAS, for and in consideration of said granting of relief, the Board of Appeals of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of the Subject Parcel that the within covenants and restrictions be imposed on the Subject Parcel and that this Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS,the Declarant has considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of the Subject Parcel; 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 Subject Parcel shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. The Subject Parcel shall not be deemed to be a building site eligible for an building g permits under the Town of Southold Zoning Code nor shall the Subject Parcel be improved with any buildings or structures. 2. The covenants and restrictions set forth in this Declaration can be modified only at the request of the then owner of the Subject Parcel with the approval of a majority of the Board of Appeals of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to any such modifications shall not be required. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration as of the day and year first above written. R. Bradford Burnham 2 t ' )1 STATE OF NEW YORK ) ss.. COUNTY OF NEW YORK ) On the,=,"qday of October in the year 2018 before me, the undersigned, personally appeared R. Bradford Burnham, 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. (signature and office o indivi ual taking acknowledgment) Tor' c n-N CHRISTINE A BRIGANTI NOTARY PUBLIC-STATE OF NEW YORK No. 01 BR6366450 Qualified In Richmond County Certificate Filed In New York County My Commission Expires October 10, 2021 3 J I-IV SCHEDULE A ALL those 'certain lots, pieces or parcels of land, situate at Fishers Island, Town of Southold, Suffolk County, New York, known and designated as Lots 21, 23, 79 and 80 (together with the right of way between Lot'23 and Lot 80)as shown on"Plan of Peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Conn. 1913" and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913,file No.-223,which said Lots and Right of Way,when taken together, are bounded and described in accordance with the following perimeter description: BEGINNING at an iron pin located on the southerly side of a right-of-way at the northeasterly corner of the herein described tract, said point being located 2522.24 feet North of a point which is 1064.06 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Stati' n "PROS"; and RUNNING THENCE North 85 degrees 04 mif lutes 12 seconds West, 263.15 feet to a point; THENCE South 03 degrees 08 minutes 05 secDnds East, 170.00 feet to a point; THENCE North 86 degrees 51 minutes 55 seconds East, 88.00 feet to the waters of Darbies Cove; THENCE northerly, easterly, southerly and easterly along the approximate high water line of Darbies Cove, 345 feet, more or less(an equal tie line course and distance of North 68 degrees 20 minutes 33 seconds East, 170.17 feet), to an iron pipe; THENCE North 04 degrees 55 minutes 31 seconds East, 79.81 feet to the point or place of BEGINNING. 4 BOARD MEMBERS �F SU Southold Town Hall Leslie Kanes Weisman,Chairperson �� UryO 53095 Main Road-P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI�Cou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD September 5,2018 Tel.(631) 765-1809-Fax(631) 765-9064 Stephen Ham Matthews &Ham Attorneys at Law 38 Nugent Street Southampton,NY 11968 RE: R. Bradford Burnham, Merger of Lands Appeal Nos. 4612&4632,November 19, 1998 SCTM No. 1000-10-4-13.10 and 1000-10-4-9.3 (Historically SCTM No. 1000-10-4-13.6,Previously known as 1000-10-4-1 & 8 and SCTM No. 1000-10-4-13.9, Previously known as 1000-10-4-7.1 &7.4) Dear Mr.Ham; This letter is in response to your letter dated June 28, 2018 requesting that the merger of lands for property currently known as SCTM No. 1000-10-4-13.10 be considered legal. You explained in your letter that parcels 13.6 & 13.9 have been merged(currently known as 13.10),but that you were remiss in following the condition set forth in the aforementioned variance decisions that lot 7.1 and 9.3 be conveyed as a single parcel. Since the deed of merger does not include Lot 9.3,you wish to be assured that the Board of Appeals has no objection to the issuance of a building permit for the new tax lot 13.10, which includes all former tax parcels except 9.3. After meeting with the Town Attorney, it was determined that prior variances No.4612 and 4632,which granted alternative waiver of merger for the historical parcel SCTM Nos. 10-4-7.1 and SCTM No. 10-4- 9.3 to be deeded as a single lot, is adequate, and that no further action is necessary. In addition,we have determined that in order to remedy and insure the intent of the prior decisions, a declaration of covenants shall be filed with the Suffolk County Clerk's Office that would restrict any development on tax lot 1000- 10-4-9.3. Please do not hesitate to contact our office if you have any further questions or concerns. AeslieKanes Weisman Chairperson cc: Town Attorney Town Assessors BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F $®Uf � � � 53095 Main Road•P.O.Box 1179 ®' �Q Southold,NY 11971-0959 Patricia Acampofa Office Location: Eric Dantes csa ac Town Annex/First Floor Robert Lehnert,Jr. • yQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �if°c®U Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MEMORANDUM To: Mike Verity, Chief Building Inspector From: Leslie Weisman, Chairperson Date: August 13, 2018 RE: R. Bradford Burnham, Merger of Lands Appeal Nos. 4612 &4632, November 19, 1998 SCTM No. 1000-10-4-13.10 and 1000-10-4-9.3 (Historically SCTM No. 1000-10-4-13.6, Previously known as 1000-10-4-1 & 8 and SCTM No. 1000-10-4-13.9 Previously known as 1000-10-4-7.1 & 7.4) This Memorandum is in response to a letter from Stephen Ham, Esq. dated June 28, 2018 requesting that a merger of above referenced parcels be legalized. In his letter, Mr. Ham explained that parcels 13.6 & 13.9 have been merged (currently known as 13.10), but that he was remiss in following the condition set forth in the aforementioned variance decisions that lot 7.1 and 9.3 be conveyed as a single parcel. Since the decisions may have been technically violated since the deed of merger does not include Lot 9.3, he wants to be assured that the Board of Appeals has no objection to the issuance of a building permit for the new tax lot 13.10, which includes all former tax parcels except 9.3. After meeting with the Town Attorney, it was determined that prior variances No. 4612 and 4632, which granted alternative waiver of merger for the historical parcel SCTM No. 10-4-7.1 and SCTM No. 10-4-9.3 to be deeded as a single lot is adequate and no further action is necessary. Furthermore the Board will request that a declaration be filled with the Suffolk County Clerk's Office to restrict development on tax lot 9.3. Please contact our office if you have any questions or concerns. MATTHEWS 8c HAM RECEIVED ATTORNEYS AND COUNSELORS AT LAW (�pQ 38 NUGENT STREET JUL 0 2 20IU SOUTHAMPTON,NEW YORH 11968 — ZONING BOARD OF APPEALS PHILIP B.MATTHEWS 631-283-2400 (1012-1992) FACSIMILE 631-287-1076 STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.GOM -OF COUNSEL- BARBA"T.HAM June 28, 2018 Ms. Leslie Kanes Weisman, Chairperson Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Re: SCTM No. 1000-010.00-04.00-009.003 Dear Ms. Weisman: I represent R. Bradford Burnham who owns the referenced parcel of vacant land at the Peninsula on Fishers Island which, along with former parcel SCTM No. 1000- 010.00-04.00-007.001, was the subject of a Board of Appeals decision under Application Nos. 4612 and 4632 in 1998. Under that decision, the Board granted alternative waiver of merger relief to then owner David Burnham allowing the construction of a single-family dwelling on tax lot 7.1 but prohibiting development on lot 9.3. In connection with the granting of that relief, the Board imposed conditions limiting the total land area of both parcels to one dwelling to be built on former tax lot 7.1 and requiring that the two parcels be deeded as a single 1.02-acre parcel even though they were separated by a 20-foot-wide right-of-way that was in different ownership. David Burnham sold both parcels to his brother (current owner R. Bradford Burnham) in 2006. R. Bradford Burnham, in some cases with his wife, Mary Buttrick Burnham,subsequently acquired other parcels contiguous to formertax lot 7.1 and to each other as well as a 20-foot-wide right of way between them, all as shown on the enclosed survey map. (Former tax lot 7.1 was comprised of Lots 25, 24 and 22 as shown on the enclosed map.) Earlier this year, the Burnhams asked me to merge all of their lands north of the 20-foot-wide right of way between former tax lot 7.1 and tax lot 9.3 and east of the main right-of-way that runs from south to north on the Peninsula and to cause a certificate of abandonment to be filed eliminating the 20-foot-wide right of way that bisected those lands. The purpose of the merger and abandonment was to create a single building site of 2.14 acres, double the minimum required land area in this R-40 Zone District and many times larger than most building sites on the Peninsula. Ms. Leslie Kanes Weisman, Chairperson Page 2 June 28, 2018 1 have enclosed copies of the deed of merger (Liber 12951 page 437) and the Certificate of Abandonment (CTF # 6446; ABS # 17284). As you can see, the deed of merger recites that the combined parcel will constitute a single building site going forward. At my request, the Assessors Office arranged for the County Real Property Tax Service Agency to assign a single tax map number to this merged parcel and it is now designated as SCTM # 1000-010.00-04.00-013.010. My client will soon be applying for a building permit to construct a single- family dwelling on the merged parcel and, in that connection, his architect had a preliminary conference with Chief Building Inspector Michael Verity who advised him that some Planning Board action will be required for this merger. I will be following up on that issue with the Planning Department staff. am writing to you, however, because Mr. Verity has advised me that he wanted some assurance from the Board of Appeals either that(i)the 1998 decision of the Board was not violated by my failure to include tax lot 9.3 in the deed of merger notwithstanding that it was a condition to that decision that tax lot 7.1 and tax lot 9.3 be conveyed as a single parcel, or (ii) if the decision was technically violated, that the Board of Appeals has no objection to the issuance of a building permit for tax lot 13.10, the new 2.14-acre merged parcel which includes all of former tax lot 7.1 as well as about another 1 '/2 acres of land. Whether or not there was a violation of the 1998 decision, I would very much appreciate it if, after consulting with your members and in light of the circumstances I describe below, you advise Mr. Verity that your Board has no objection to the issuance of a building permit for construction on the newly merged parcel. First and foremost, the failure to include tax lot 9.3 in the deed of merger was entirely due to my oversight and not due to some ulterior motive on the part of my client to take any advantage of the situation or to seek something to which he is not entitled. Indeed, by recording the deed of merger, he has voluntarily eliminated several potential building sites. Second, the intention of the conditions in the 1998 decision is preserved as there continues to be no separation of title between tax lot 9.3 and former tax lot 7.1 since the three Peninsula lots (25, 24 & 22) that comprised former tax lot 7.1 are subsumed within the newly merged tax lot 13.10 and both tax lots 9.3 and 13.10 are titled in the name of R. Bradford Burnham. Third, as of October 21, 2016, there is a recorded Declaration against tax lot 9.3 reflecting the conditions of the 1998 decision and putting the public on notice that it is not a building site (Liber 12884 page 805). Ms. Leslie Kanes Weisman, Chairperson Page 3 June 28, 2018 Fourth,with the recorded Declaration against tax lot 9.3 and the recital in the deed of merger that the merged parcel will henceforth constitute a single building site, the purpose of the 1998 decision to limit development on the two parcels to a single dwelling will be carried out and even extended to an additional 1 '/ acres. Given the foregoing factors, I hope that your Board will be able to advise Mr. Verity in accordance with my request. However, if you believe that further action is necessary (for example, amending the Declaration recorded in 2016 to cover the entire merged parcel in addition to former tax lot 7.1), please let me know as soon as possible. Thank you for your attention to this matter. Sincerely, 4,W4, 4., Stephen L. Ham, III Enclosures cc: Mr. Michael Verity (w/o enclosures) 4 9' r r • A ��r �, J CC#: C18-20380 :^ rN J tz COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original ABANDONMENT filed in my office on 05/14/2018 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/14/2018 SUFFOLK COUNTY CLERK Q. IZ911- -el JUDITH A.PASCALE SEAL 111111 II111 IIIII 11111 IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CERTIFICATE OF ABANDONMENT Filed: 05/14/2018 Number of Pages: 1 At: 02 : 49 :02 PM Receipt Number 18-0088930 CTF #: 6446 ABS #: 17284 EXAMINED AND CHARGED AS FOLLOWS Micro Fee $10 . 00 Received the Following Fees For Above Instrument Exempt NO Fees Paid $10 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Tf IF 1'I Number of pages ' - ;��; i'IP, F'-=C=.I.-LIZ "I 1_ [lI[�J Ii dac�_irnenl will be public _ ret-of d, Please remove all Tu .)o(J.-_-11 Ser-un (y kIr_tubers prior Lo recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 1L) Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) { ,> Sub Total ' 9 Spec./Add. { TOT.MTG.TAX EA-5217(State) �'�� , R.P.T.S.A. `-�i1�1�� . �-� � � , Dual Town Dual County ®b Held for Appointment, Comm.of Ed. 5. 00 „ �'� Transfer Tax - +�, _ + Mansion Tax Affidavit � �•� , D,µDE*0 `3 fill er.. .ed Copy �_ a_a�-� �� The property covered by Ithis mortgage is or will be improved by, a one or two Surcharge, __ 15. 00 t �� l ]� 1 family dwelling only. TVYS Sub Total YES or NO Other , C� � Grand Total V5 ( � ��' If NO, see appropriate tax clause on Aj'jJ page# of this instrument. �--, � 4 Dist. 1' S �4�CLCr d 06 5 Community Preservation Fund `10005789 Real Property) T 9 Consideration Amount $ — �- Tax Agency e P S R LPA A IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIII CPF Tax Due $ Verification 22-FEB-1 Improved v,:c 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land STEPHEN L. HAM, III, ESQ. TD MATTHEWS &HAM TD 38 NUGENT STREET SOUTHAMPTON,NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive Riverhead NY 11901 I - www.suffolkcount n ov/clerk Co Name Y Y.g Title# t1 -v= C. 8 Suffolk County Recording & Endorsement Paue This page forms part of the attached DEED made by: (SPECIFYTYPE OF INSTRUMENT) R. BRADFORD BURNHAM and The premises herein is situated in MARY BUTTRICK BURNHAM SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD R. BRADFORD BURNHAM In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 1 R IMPORTANT NOTICE If the document you've dust recorded is your SATISFACTION OF MORTGAGE, please be aware of the following. If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10u, and on or before May 3151. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N Y 11743 Southampton,N Y 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631)765-1803 Sincerely, d' Judith A.Pascale Suffolk County Clerk dw 2/99 12-0104 06/06kd pT s Doc ID: 18005789 R, LPA A 2-FEB-18 Tax Maps District Secton Block Lot School District Sub Division Name 1000 01000 0400 013006 1000 01000 0400 013009 ..,.w�..r,,.,&:a..s;�.:.t .. _, 4,'�3•*.e..[.y a;,,«. ..,.:a:..-k'P: .n......xt.«�i�..:av a?a�rtax>h'3ir�4�+v:«S.ruS:.�'^.=::JS....,e.»ixxza::.3t •,r, t r" 1' P r . ri .7° f1'r. gN ,a» ... .'•+"'s."',:•;:,y,."l�di�'r•^yC.�Tr. "'`¢Yt�z '�z�v'r�:b CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY � -10 THIS INDENTURE, made the �Ij day of February, two thousand eighteen, BETWEEN R. BRADFORD BURNHAM, �k/a R. Bradford Burnham III and Rufus Bradford Burnham III, and MARY BUTTRICK BURNHAM, 40 Fifth Avenue, New York, New York 10011, party of the first part, and R. BRADFORD BURNHAM, 40 Fifth Avenue, New York, New York 10011, party of the second part, WITNESSETH, that the party of the first part, without consideration 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 those certain plots, pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedules A and B hereto BEING AND INTENDED TO BE (i) in the case of the premises described on Schedule A hereto, the same premises conveyed to Rufus Bradford Burnham III by deed, dated December 15, 2012 and recorded In the Office of the Suffolk County Clerk on January 17, 2013 in Liber 12717 page 774 and (ii) in the case of the premises described on Schedule B hereto, the same premises conveyed to R. Bradford Burnham and Mary Buttrick Burnham by deed, dated April 6, 2009 and recorded in the Office of the Suffolk County Clerk on May 5, 2009 in Liber 12587 page 287. Upon the recording of this deed, the premises described on Schedules A and B hereto shall merge into a single pafcel and shall constitute a single building site under applicable laws,.ordinances, rules and regulations, a perimeter description of said merged parcel being bounded and described as set forth on Schedule C hereto TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads . abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein,which the party of the first part has or has power to convey or dispose of,whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of 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"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. R. Bradford Burnham Fl� f j� �f7� �� , ?Y C I f lr �Kn Marry Buttrick Burnham JJ-05 --3 of Standard N Y`s T U Form 8002—Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of New York ss '� rio r". State of New York, County of ss- On the �` rwday of February in the year 2018 C,0r;hylmldt On the day of in the year before me,the undersigneq,_personally appeared C,r%;, before me,the undersigned, personally appeared R. Bradford Burnham-Mand Mary Buttrick Burnham iz-"-s 13;XW-,,6 81.1\'bUM,7j 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 me (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the and that by his/her/their signature(s) on the Instrument, the individual(s),or the person upon behalf of which the individual(s) individual(s), or the person upon behalf of which the individual(s) .cted, executed the instrument acted, executed the instrument (signature and office of individual taking acknowledgment) (signature and office of Individual taking acknowledgment) Xolciy Public -Side of New York NO.OISA6147503 Yell ll )U l dh. Civaldled In New York County fQo- 06,1(a[If 7�U- my Cemmksion Exi)ires -.n.f�yJn6 J ll,hed1! M(?,6U WK TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE 60Jn1JGIl State of , County of ss.* On the day of in the year before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual 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, and that such individual made such appearance before the undersigned in the in the (insert the City or other political subdivision) (signature and office of individual taking acknowledgment) DISTRICT 1000 BARGAIN AND BADE DEED SECTION 01000 BLOCK 04.00 Title No. LOTS 013 006 & 013.009 COUNTY OR TOWN Suffolk-Southold STREET ADDRESS (no#) r/o/w off Peninsula Road Fishers Island, NY 06390 R. BRADFORD BURNHAM and MARL( BUTTRICK BURNHAM RETURN BY MAIL TO: TO R. BRADFORD BURNHAM RESERVE THIS SPACE FOR USE OF RECORDING OFFICE TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADEIN'NEW YORK STATE State of New York, County of New York ss; Ay if�A I State of New York, County of ss: c�cap On the �`� day of February in the year 2018. h , On the day of in the year V r� {via;I�I•' before me,the undersigneq, personally appeared ,��;� before me,the undersigned, personally appeared R. Bradford Burnham'Pa�nd Mary Buttrick Burnham tip'} 0-'(W !-cJ 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 tome' ' (are)subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their capacity(ies), that he/she/they executed the same in his/her/their capacity(ies), and that by his/tier/their signature(s) on the instrument, the and that by his/her/their signature(s) on the instrument, the individual(s),or the person upon behalf of which the individual(s) individual(s),or the person upon behalf of which the individual(s) �pcted, executed the instr menu), acted,executed-the instrument. (signat'ure and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) -_AcAle_ -F, _ .tiotcy Public-,Staie,of New York•' l, , ` / r N0.01SAd147103; , �Je�) )U Qualified In PJew York County !JO i)jsA(<i{'f 7,51TMy Commission Erq�lrc�s .,g O� nZ TO"BE USED'ON_LY WHEN(THE ACKNOWLEDGMENT S.MADE OUTSIDE NEW YORK STATE State of County of On the" day of in'the' year- before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual whose name is subscribed to the within instrument and,acknowledged td-methat 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, 'euecuted the instrument, and that such individual made such appearance before the undersigned:in the--, in the (insert the City or other political subdivision) (signature and office of individual taking acknowledgment) DISTRICT 1000 BARGAIN AND SALE DEED SECTION 010.00 BLOCK 04.00 Title No. LOTS 013.006 & 013.009 :COUNTY OR TOWN Suffolk-Southold ;STREET ADDRESS, , ,(no,#) f/o/w off Peninsula Road Fishers.Island, NY 06390 R BRAD F0RD'BURNHAWtiind MARY BUTTRICK BURNHAM RETURN BY MAIL TO: TO R. BRADFORD BURNHAM RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE B ,to DEED . &rads B�rnhorn� � Party of the First Part: R. Bradford Burnham and Mary Buttrick Burnham Party of the Second Part: R. Bradford Burnham Deed Dated: Februaryff; , 2018 SCTIVI No. 1000 - 010.00 - 04.00 - 013.009 ALL that certain plot, piece or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point located at the southwesterly corner of Lot 4 as shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge and Frances G. Thorp, made by Chandler& Palmer, Engineers, Norwich, Connecticut, 1913", and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, File No. 223, said point being located 2724.43 feet North of a point which is 930.94 feet East of a monument marking the _United States Coast _and Geoctetic_Su_ -ey Triangulation.Station"PROS"; and RUNNING THENCE North 04 degrees 55 minutes 48 seconds East, 146 feet, more or less to the shore of West Harbor; THENCE southeasterly with said shore 150 feet, more or less, to a point; THENCE South 04 degrees 55 minutes 48 seconds West, 132 feet, more or less, to a point; THENCE continuing South 04 degrees 55 minutes 48 seconds West, 170.00 feet to an iron pin in the northerly line of a right-of-way at the southeasterly corner of Lot 22 as shown on said "Plan of Peninsula"; THENCE North 85 degrees 04 minutes 12 seconds West along the northerly side of said right-of-way, 150.00 feet to an iron pin; THENCE North 04 degrees 55 minutes 48 seconds East, 150.00 feet to an iron pin, said iron pin being located 2704.51 feet North of a point which is 929.23 feet East of said "PROS" monument; THENCE continuing North 04 degrees 55 minutes 48 seconds East,20.00 feet to the point or place of BEGINNING. u� SCHEDULE A to DEED fit fi &Micd gut lllvnV Party of the First Part: R. Bradford Burnham and Mary Buttdck Burnham Party of the Second Part: R. Bradford Burnham Deed Dated: February 15, 2018 SCTM No. 1000 - 010.00 - 04.00 - 013.006 r ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point located at the southwesterly corner of Lot 28 as shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge and Frances G.Thorp, made by Chandler & Palmer, Engineers, Norwich, Connecticut, 1913", and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, File No. 223, said point being located 2564.99 feet North of a point which is 801.26 feet East of a monument marking the United States_Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 03 degrees 21 minutes 12 seconds West, 173.70 feet to a point which is located 2738.39 feet North and 791.10 feet East of said"PROS" monument; THENCE North 85 degrees 04 minutes 12 seconds West, 10.11 feet to a point; THENCE South 86 degrees 38 minutes 48 seconds West,10.00 feet to an iron pipe; THENCE North 03 degrees 21 minutes 12 seconds West, 150 feet, more or less, to the shore of West Harbor; THENCE southeasterly with said shore 182 feet, more or less, to a point; THENCE South 04 degrees 55 minutes 48 seconds West, 146 feet, more or less, to a point; THENCE continuing South 04 degrees 55 minutes 48 seconds West, 170.00 feet to an iron pin in the northerly line of a right-of-way at the southeasterly corner of Lot 26 as shown on said "Plan of Peninsula"; THENCE North 85 degrees 04 minutes 12 seconds West along the northerly side of said right-of-way, 115.50 feet to the point which is located 2564.99 feet North and 801.26 feet East of said "PROS" monument at the point or place of BEGINNING. SCHEDULE C to DEED Party of the First Part: R. Bradford Burnham and Mary Buttrick Burnham Party of the Second Part: R. Bradford Burnham Deed Dated: February 6, 2018 Perimeter Description of Merged Parcel SCTM .Nos.-1000 - 010.00 - 04.00 - 013.006 and SCTM No. 1000 - 010.00 - 04.00 - 013.009 as Merged into a Single Parcel ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at an iron pin located at the southeasterly corner of Lot 22 as shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Connecticut, 1913", and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, File No. 223, said iron pin being located 2542.17 feet North of a point which is 1065.78 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 85 degrees 04 minutes 12 seconds West along the northerly side of a right-of-way, 150.00 feet to an iron pin; THENCE continuing North 85 degrees 04 minutes 12 seconds West along the northerly side of said right-of-way, 115.50 feet to a point which is located 2564.99 feet North and 801.26 feet East of said "PROS" monument; THENCE North 03 degrees 21 minutes 12 seconds West, 173.70 feet to a point which is located 2738.39 feet North and 791.10 feet East of said "PROS" monument; THENCE North 85 degrees 04 minutes 12 seconds West, 10.11 feet to a point; THENCE South 86 degrees 38 minutes 48 seconds West,10.00 feet to a point; THENCE North 03 degrees 21 minutes 12 seconds West, 150 feet, more or less, to the shore of West Harbor; THENCE southeasterly with said shore 332 feet, more or less, to a point; THENCE South 04 degrees 55 minutes 48 seconds West,,132 feet, more or less, to a point; THENCE continuing South 04 degrees 55 minutes 48 seconds West, 170.00 feet to the iron pin located at the southeasterly corner of Lot 22 as shown on said"Plan of Peninsula" at the point or place of BEGINNING. t Y 1111111 IIII VIII VIII VIII VIII(IIII(IIII VIII IIII III I 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 02/26/2018 Number of Pages: 6 At: 11: 09:51 AM Receipt Number : 18-0035337 TRANSFER TAX NUMBER: 17-23116 LIBER: D00012951 PAGE : 437 District: Section: Block: Lot: 1000 010 .00 04 . 00 013 . 006 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .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 $7 . 50 NO RPT $400 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $612 .50 TRANSFER TAX NUMBER: 17-23116 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County CERTIFICATE OF ABANDONMENT PURSUANT TO SUBDIVISION 3 OF SECTION 335 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK R. BRADFORD BURNHAM, now residing at 40 Fifth Avenue, New York, New York 10011, for the purpose of abandoning and canceling the portion of a private road or right-of-way owned by him and.located off Peninsula Road at Fishers Island in the Town of Southold, County�of Suffolk and State of New York, said portion of private road or right-of-way being described below, and pursuant to the provisions of Subdivision 3 of Section 335 of the Real Property Law of the State of New York, DOES HEREBY CERTIFY: 1. That a certain map, entitled ElPlan of Peninsula at Fishers Island owned by Charles W. Hedge & Frances.G. Thorp, made by Chandler& Palmer, Engineers, Norwich, Connecticut, 1913", was filed in the Office of the Suffolk County Clerk on March 11, 1913 as Map No. 223 (the Filed MapQ. l 2. That a twenty-foot wide road or right-of-way is shown on the Filed Map as bordered by subdivision Lots 1, 2, 3, 4, 5, 6, 7 and 8 (as shown on the Filed Map) on the north and by subdivision Lots 28, 27, 26, 25, 24, 22, 20 and 18 (as shown on the Filed Map) on the south. 3. That a deed evidencing his ownership of said Lots 1, 2, 3, 4, 5 and 6 and said Lots 22, 24, 25, 26, 27 and 28 and of the portion of said twenty-foot wide road or right-of-way lying between said two groups of six Lots each, was filed in the Office of the Suffolk County Clerk on February 26, 2018 in Liber 12951 at page 437. Filed Map. 4. That more than twenty years have elapsed since the filing of the 5. That the portion of the private road or right-of-way owned by him and to be abandoned is neither opened, nor a public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest in the subdivision Lots shown on the Filed Map. 6. That attached hereto as Schedule A and made a part hereof is a 1 aJ legal description of the portion of the private road or right-of-way owned by him and to be abandoned. 7. That the undersigned, as owner of the portion of a private road or right-of-way lying between Lots 1, 2, 3, 4, 5 and 6 and Lots 28, 27, 26, 25, 24 and 22 as shown on the Filed Map and described on Schedule A hereto; DOES HEREBY ABANDON AND CANCEL said portion of private road or right-of-way as shown on the Filed Map and-described on Schedule A hereto and, effective with the due approval and recording hereof, the same shall no longer exist as a private road or right-of-way. 8. Endorsed hereon and attached hereto is the approval of the Board of Assessors of the Town of Southold. 9. Submitted herewith is an abstract of title to the said portion of private road or right-of-way to be abandoned covering a period of at least twenty years last past and a certification by a duly licensed title insurance company doing business in the County of Suffolk to the effect that there are no unpaid taxes or tax liens against said lands, to be approved by the Clerk of the County of Suffolk at the*time of recording of this Certificate of Abandonment. IN WITNESS WHEREOF, the undersigned has made and executed this Certificate of Abandonment this day of Mairch, 2018. R. Bradford Burnham State of New York } ss.: County of New York} On the q day of March in the year 2018 before me, the undersigned, personally appeared R. Bradford Burnham, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CHRISTINE A BRIGAND NOTARY PUBLIC-STATE OF NEW YORK No. 01 OR6365450 Qualified In Rlchmond County 2 Certifleate Filed in New York County My Commission Expires Oeteber 10, 2021 ' S SCHEDULE A All that certain plot, piece or parcel of land, located at Fishers Island in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of a twenty-foot right-of-way leading northerly from the highway leading to Peninsula Point, so called, said point being 2738.39 feet North of a point which is 791.10 feet East from a monument marking the U.S. Coast & Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE along the southerly line of Lots 1, 2 and 3, as shown on a certain map, entitled "Plan of Peninsula at Fishers Island owned by Charles W. Hedge & Frances G. Thorp, made by Chandler& Palmer, Engineers, Norwich, Connecticut, 1913", which said Plan was filed in the Office of the Suffolk County Clerk on March 11, 1913 as Map No. 223, South 84 degrees 18 minutes 01 second East, 140.54 feet to a point at the southeasterly corner of Lot 3.and the southwesterly corner of Lot 4 as shown on said Plan; THENCE along the southerly line of Lots 4, 5 and 6 as shown on said Plan South 85 degrees 04 minutes 12 seconds East, 150.00 feet to a point at the southeasterly corner of Lot 6 as shown on said Plan; THENCE South 04 degrees 55 minutes 48 seconds West, 20.00 feet to the northeasterly corner of Lot 22 as shown on said Plan; THENCE along the northerly line of Lots 22, 24 and 25 as shown on said Plan North 85 degrees 04 minutes 12 seconds West, 150.00,feetto a point at the northwesterly corner of Lot 25 and the northeasterly corner of Lot 26 as shown on said Plan; THENCE along the northerly line of Lots 26,27 and 28 as shown on said Plan North 84 degrees 16 minutes 46 seconds West, 137.63 feet to a point at the northwesterly corner of Lot 28 as shown on said Plan and the twenty-foot right-of-way first above mentioned ; THENCE along the easterly line of said twenty-foot right-of-way North 03 degrees 21 minutes 12 seconds West, 20.20 feet to the point or place of BEGINNING. BEING a strip of land twenty feet in width located between (i) a parcel of land comprising a part of Lot 1 and all of Lots 2, 3,4, 5 and 6 and (ii) a parcel of land comprising all of Lots 22, 24, 25, 26, 27 and 28 shown on the "Plan of Peninsula at Fishers Island owned by Charles W. Hedge&Frances G.Thorp, made by Chandler&Palmer, Engineers, Norwich, Connecticut, 1913", which said Plan was filed in the Office of the Suffolk County Clerk on March 11, 1913, File No. 223. 3 r, r APPROVAL BY BOARD OF ASSESSORS FOR THE ABANDONMENT OF PROPERTY WITHIN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK AND STATE OF NEW YORK The Board of Assessors of the Town of Southold, County of Suffolk and State of New York, has reviewed and examined the Certificate of Abandonment to which this Approval is attached and, according to the best information and belief of said Board of Assessors, the maker of said Certificate has met all of the requirements of law governing the abandonment of lots and streets, if any, on the Filed Map defined therein. THEREFORE, the Board of Assessors of the Town of Southold, County of Suffolk and State of New York, DOES HEREBY APPROVE AND CONSENT TO the foregoing Certificate of Abandonment to be filed in the Office of the Suffolk County Clerk at Riverhead, New York. IN WITNESS WHEREOF, this Approval, has been duly subscribed by the Chairman of said Board of Assessors this'4 of , 2018 at Southold Town Hall, 53095 Main Road, Southold, New York. BOARD OF ASSESSORS OF THE TOWN OF SOUTHOLD BA& Ala.O&� Y Kevi n W. Webster, Chairman State of New York } ss.. County of Suffolk } ,gay On the day ofiin the year 2018 before me, the undersigned, personally appeared Kevin W. Webster, 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. r � cN tygmic Notary Public,State of New York No.01 GL4879505 qualified in Suffolk Cou "bm,mission Expires Dec.8 j 4 1 W E S T H A R B O R DEED LME- ALONG THE SHORE OF WEST HARBOR I I — SURVEY CLOSING LINE-NOTA S a3.3f1�QT•E BOUNDARY LINE I � B EACH � _330.10' • _ / I Rac B E A C H 6EPS \ I _ \ I TOP OF BANK ACCESS I ROCK SLOPE I Z I LIMITS OF FLOOD ONE - VE EL 13 PER FIRM MAP — `1 2 I O I #3610300010 H JHAM LOT NUMBER PER 11`/ .`IIX - O I ELECTRIC REFERENCE MAP I�/ I BOX I ' EDGE OF � � - I r B(c I �' N 2738.39 I (AWN IRIOE EXISTING ESI�ENCE y I / FLOOD PONE- - (THREE ED S) AE EL 11PER FIRM MAP '1 _ /36103C0o10 H I '� S a4• 18'01•E 140.140•—— 1 63!'49•—W N 8504'12'W .04• 10.11 1— N 4, 4a—W 1371,I TO BE OF WAY �.. 12•E 130.00' i �---- I — _ ABANDONED— y I i N_95'— 04'Jr 150.00' - I RIGHT I I OF WAY le. I -I I = C '1 1C 1S00 GAL I 6'SLEEVE FOR o 4NHAM & N 1, SEPTIC T-11 4-SEPTIC PIPE WARD RESIDENCE- WATER- IC ESIDENCE- WATER- l IC SYSTEM) I I I 1. — -�I -•— / I I LEACHING `I I\ FLOOD ZONE- 1 I I POOL(2) I AE EL 10 PER FIRM MAP/3610300010 H 1- I �DREL RAVEJ M 1 II N, ' I I \•�I \A ''1 \ 11 I I 1 1 i N1, I 1 1 �I \\/ ;I I Oi i I ` APPROX.LOCATION Kt. 1/ 22 EXISTING 1'COPPER 1 I % WATER SERVICE 1 IIl I \ IC II N/F i BRADFORD NHAM III IILY RESIDENCE- II 1 N 85'04'72•W 115.50- N 'AL WATER- I O t ------- a --LF EPTIC SYSTEM) "'STING GRAVEL OD ------------------- - - I / ............ ------ 1so.Do i i - `4�4 ------- 11 , E 801.26 / - -_' ' II ----- --------------- -- ---------------- a N/FI _ N 2542.17 I I BRADFORD -�- E 1065.78 BURNHAM (VACANT LAND) 1 ,' ','• f .],r,� ,` .Lam' ,'• .. �,f� - ^•V v __ t �, '�•. �}..r ei.��..,•;T*� f.,.,,-,�'•.; P. �;t{ J lr -•i] cA.' .a.,•' `„��''{'�. .4: .•'I: '"'F`:: ,?,:?'J•':':1+.••'•::`- `?Ysi: -``;t; 1� .�; .�\ <. f:;y�,�:�.-,' etl ,. 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A'. :'kn':�t1 a�"�• 1 J•9 :i�.'' �' Tri; 10 GOOSE his-�e�e ISLAN EXHIBIT A 0 a 1 � 0 •,�16I � _ 155x. . . 1006 in fl) f21 (31 (4) I(5) c61 (7) ( (9) J (8) 7.2 a i29 1 7. a 2.OA(c) 152 1150 ^ ��: 300 (2(') 287 '0 (2,0) 1371 15J �— rfM`f 2 18 1 In �. �+ � •2t0a (32) )(27)1(26) (zsl i(Z,)7.1c22 (201 Itis) 111 1116 ,15D I 100 � I 3 (:1) (33) 366 (20') 373 25s \ ,`'1•_7..3 263 9.3L�a� IIo �• '--- r9`234( ) 9.4 Gln HARBORI �— CSS, c I (16J c791 \` • p 1 88a � ,,• HARBOR)/ (36190 (781 LJA(� �/ �%\ �1►1 2".• aoi —J u� 88a \\ \ 091 (�) 176)c \ uz o -a 9. 1 775s (751 �' ) Q ,o '•y� ( ' 9- f�\\ (741 (4 21 s" ��, — 10 CO E 30 m r (44) res �,° !e 12.2 p (45) reo 9 gp\\r�\ �1zo� �s •. 12.3 tae (46) \ reg 10 i48) N% �( 6) r87)r c5o)1 (49) ) 391 o\ r0 12hti` 52 s1 / 1.2A{CIrB O (51;\13*°6 �` � q1 a 17 /ll 9, ?0 `ro �•,l 9St2,7aa ,�15 sIs rs„/8 ,/1 51 �1Jske 14OS4 h �5os e03 -`��ss$' 9 2002 51 23.1 \.3 si~ 21 •ti° J7.25 14 / (sz, ' `2' (+e1 rss,� //�!' 12 //! rsJl 102 r60,~ // 22/ / J �n 1.5A(C) •'\�./ s! (61) 6t d0 14 J 100 ry 1p 13 s? 58 �? INNER ti s> BAY 54 19.1 d� U JJ .. 44-1 & 2 I..L SITE �LI (0 E } m c°� 0 = o a' o _ 0o LLoa) W E S T H A R B O R5.r w 44.5 w :� N to i .> U N ----------------------- ... --- DEED LINE- ••• Q v U m • ALONG THE SHORE 44-6 o in • 332'f OF WEST HARBOR 0 •� E wo W � ,,^^ -0 - rn ... V/ > N - _— 44-15 Q L � 00 00 00 30'03" E 44-16 + SURVEY CLOSING 3 t ® (•� C I LINE- NOT A� I B E A C H30.10 BOUNDARY LINE I I cc ROC B E A C H 44-17 J STEPS • 0 0 0 ��i'�\C`J`-" 0 0 0 0 0 0 0 0 0 I -- - 44-18 44-29 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I TOP OF ROCK , BANK ACCESS ; SLOPE 4-2 44-19 44-20 (A LOCATION MAP SCALE 1 "=400' NIF R. BRADFORD I O BURNHAM & I I I LIMITS OF FLOOD ZONE- , - /I:i M MAP REFERENCES R:fiET11_ I 2 3 I VE EL. 13 PER. FIRM MAP \I/ la ZC MARY BUTTRICK BURNHAM o I I #36103C0010 H — — — 1.) PLAiV OF PENINSULA AT FISHERS ISLAND OWNED BY CHARLES W. HEDGE AND JIJ�� lid (VACANT LAND) �'� I I FRANCES G. THORP, MADE BY CHANDLER & PALMER, ENGINEERS, NORWICH, \ =, 4 % CONNECTICUT, 1913" -FILE #223, OFFICE OF THE CLERK OF THE COUNTY OF j.;;jit.:G FOARL OF APPEALS / _ , \, I 3 SUFFOLK. LOT NUMBER PER I ELECTRIC❑ 'oO I i REFERENCE MAP 15 I i I BOX 1 I i I ul 4l NOTES O I I co 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED I . HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE DECK ENGAGEvIENT. I I ;i EDGE OF TELEPHONE 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS II i\ I i N 2738.39 I /, ', /; \ LAWN BOX Q o / , ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN I E 791.10 , , ` / / .0 I (TYP) % o ITEM IN ANY WAY. I IRON % ;`' i 70 I 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S PIPE / IXISTING RESIDENCE 1 i ? / - i SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF / I FLOOD ZONE- _ / / THE LAND SURVEYOR. �- — — — (THREE EDROOMS) / l N F �— AE EL. 11 PER FIRM MAP / I / S 84• 18� 01.; — // #3610300010 H I I i JOANNE M. BURR 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC Q S 8538'48" W N ! E 140.54 �---�. / / , I i i (SINGLE FAMILY RESIDENCE— SURVEY TRIANGULATION STATION "PROS" 10.00' /,/// / — — I , MUNICIPAL WATER— CL z Y �- — — I I ON SITE SEPTIC SYSTEM 5.) SITE. IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, 0 0 N 85'04 12 W — — _ I I ) SECTION 010, BLOCK 4, LOT 13.10 Q }- 10.11 — N 3�6' 46" 20' RIGHT S 85. 04 — — I D 0 —W 137.63. I OF WAY 12" E 150.00' i --_— — — I I 6.) TOTAL AREA = 2.14E ACRES. m w I g — TO BE ABANDONED I z — — — o i i 7.) SITE IS LOCATED IN R-40 ZONE. � IQ Q Q Io— — ui ' o 8.) A PORTION OF THIS PROPERTY LIES WITHIN FLOOD ZONES VE(EL.13), w c �/ Z z �I N 85 04_12" 00_ a W 150. AE(EL.1 i) AND AE(EL.10) AS SHOWN ON FIRM-FLOOD INSURANCE RATE MAP � a- w g =1 �— — I SUFFOLK COUNTY, NEW YORK COMMUNITY: TOWN OF SOUTHOLD #360813, PANEL 0 w 20' I _ I — I 39 OF 1026, MAP SUFFIX: H, MAP NUMBER 36103CO010H REVISED: SEPTEMBER � RIGHT I I OF WAY i 25, 20G9. Q (0 w /II I Q 2 I i I m CA I \I I I I z � I o ,I 1 i CERTIFIED TO: N/F o c \/ 1500 GAL. 0 I 6" SLEEVE FOR I - -\'_ , I 1 I DAVID C. BURNHAM & N SEPTIC TANK O 4" SEPTIC PIPE j` \I' 'I I I R. BRADFORD BURNHAM o i I FIDELITY NATIONAL TITLE INSURANCE COMPANY HELEN B. WARD �� __ I \i o � IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS OF THE (SINGLE FAMILY RESIDENCE— N /}----------- -- __ ► a I I \ I i i NEW YORK STATE LAND TITLE ASSOCIATION. MUNICIPAL WATER— ON SITE SEPTIC SYSTEM) - �/ I 1 I LEACHING E .H POOL (2) I ,I FLOOD ZONE- j, I I ' '—i -- ` • "'',J H• AE FL. 0PER R MAP #36103CO0 1 H00 1 o - GRAVEL 1� e 0\ DRIVE 1 O I 2 8 27 2 5 I II u i > t-- o (n CD > LLJUJI IRON PIPE I I I 1 _ _ 22 APPROX. LOCATION �I �I'I\ � I I J I / EXISTING 1" COPPER O I I / / 1 ; i o WATER SERVICE _\,_ /_ /_ = 2 4 i / z 0 N/F RUFUS BRADFORD �`. ' vd I I j o BURNHAM III i _ —, p Q / z (SINGLE FAMILY RESIDENCE— I ��, � � N ss•o4'l2" W IRON Q 10MUNICIPAL WATER— i `� 115.50• PIN � / I ON SITE SEPTIC SYSTEM) -------------____ I ;I �, ; ° o N00 0 a N 8504'12" W �•- 0 i N 2564.99 EXISTING GRAVEL ROAD ---"'---- � I � E 801.26 --------------------- b x Q'-----------------------.�_ 150.00' I 14' j ��\ I F� o w �I Q — — -_— __----------------- N C9 3 ---__-_ ----- --"'� — — - — I- z _j I- Li I ----- — _ o------- IRON PIN —� --_— _ Li Y 0 z y L` w — — — — ------- __—_-_ — --__ N/F NOW OR FORMERLY o o vi Q w o w __L-_- J /Q --------------- ___- NIF __ 0_ t7] p p U U L- co BRADFORD \ 4 — ----- — _ N 2542. 17 ------ ------------------- BURNHAM E 1065.78 DATE: 03/13/2018 (VACANT LAND) SCALE: 1 " = 20' QUALITY CONTROL CERTIFICATION GROUP REVIEWED DATE PROJECT MANAGER SURVEY ENVIRONMENTAL 20 10 0 20 SHEET CIVIL GRAPHIC SCALE IN FEET 1 OF STRUCTURAL ARCHITECTURAL iE j LEGAL NOTICE p SSC SOUTHOLD TOWN BOARD OF APPEALS Qo THURSDAY, OCTOBER 15, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 15, 1998 at the time noted below (or as soon thereafter as possible): 7:00 p.m. Appl. No. 4612 — D. BURNHAM. Requests for (a) Lot Waiver for 1000-10-4-7.1 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-7.8, 7.2, 7.3, 8; and (b) Lot Waiver for 1000-10-4-9.3 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-9.4, 9.21 7.1. This property is shown on the filed "Plan of Peninsula at Fishers Island," located at Darbies Cove, Private Road (extending off the north side of PennisulaRoad, Fishers Island, Town of Southold, Suffolk County, NY. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. j Dated: September 29, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ' GERARD P. GOEHRINGER, Chairman By: Linda Kowalski / r FORM NO. 3 f ! r , ` Q .TOWN OF SOUTHOLD BIIILDING DEPARTMENT MAY 21 I SOUTHOLD, N.Y. i® TT `� Q.o0 NOTICE OF DISAPPROVAL 3 DATE- _2/.10/98,._ Ste hen Ham .III . A/CBurnham, David 45 Hampton Road, . . .. . . . . . . . . . . . . . . . .. . Southampton, NY. 11968 .. PLEASE TAKE NOTICE that your application dated -;December- 16,_.. .. . 1997.. . . for permit to construct a single family dwelling at Location of Property Off Penins_u_la_ Road-_ Fishers_ Island-. . - House No. Street Hamlet County Tax Map No. 1000 - Section jq . .... .. . BLOCK .. .. .4.. ... LOT Subdivision . . . . .. .. ... .... . . . .. . . . . . .. . . . . Filed Map No. . . .... .. Lot No. . . . . . . . is returned herewith and disapproved on the following grounds Accord ng_to_ the_Titlp. . . . . . . Searchsubmitted prepared by Fidelity National,Title Insurance Comppny_bp11ppp... . . . . . . . . -.. conforming lots are in the same name of Bette.Spobn.and.the.lots_d . .. .. .not any of the exceptions; pursuant to Article 11 100-25 A h C. Action required by the . . . . . . .. . . . .. . .. . .. . . . . . . . . .. .... .. . . . . . . .... . . ... . .. .. . . . ... .. - Zoning Board of Appeals. - - - - • . . . . . . . . . . . .. . . . .. . . •-- - - .. .. . . .. . .--- . . .- -- - • --- - . .... . . .. . . - - - - - . ..... . . - - - . . _ . . . - - - . . . . . . .. . . . . ._...•--... ... . .._.. . . _.. ..............._. . ..---...._.._ .. •----__.• • - -- -•. . . .. . . . . . . .. . . . . . . . . . .. ....... . .. . . . ... . .. . .... . ... .... .. . .... . . .. ...... . .. . . ... .. . . . . ... . . . . . . . . . . . . . . . . . . . . . . ... . . ... . .. . .. .. . . .. . . .. .. . .. .. .. .... • • .. . . . . .. ... .. . . . . . . . .. . . . . . . . . . . . _ . . . . . . . . . . . . . . . .. . .. .. . . ... . . . . . . .. . . . . . . . .. .. . . .. . .• •. .. . .. • - -- - . . . .. . .•• • • - - - - . . . .. . _ . . 1 _ . . ' • . . - - -- - - - - - - - - - - B LD NG NSPECTOR RV 1/80 OARD OF HEALTH FORM NO. 1 3 SETS 4 ! I DEC , 6I991 l f t TOWN OFSOUTHOLD SURVEY OF PL1N5 " BUILDING DEPARTMENT CIIECK SLOG.DEPT. } TOWN HALL SEPTIC FORH . . . . . . . . . . . . . . TOWNOFS 1 10 V s SOUTHOLD, N.Y. 11971 TEL.: 765-1802 PIp<I FF, Examined . CALL, ]9 . s MAIL. TO: ' Approved . . . . . . . . . . :, 19 . . . Permit No. . . . . . . . . . ... Disapproved a/c' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) - APPLICATION FOR BUILDING PERMIT Date , .December 12 1997 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 ;sets of plans, accurate plot:plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas,arid giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work: e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code; and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. . . . . . . . . (Signature of applicant, or name, if a corporation) 45 Hampton Ro Southampton, t 11968 (Mailing address of applicant) State whether applicant is owner,aessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . agent. . . . . . . . . . . . . . Name of owner of premises '. . . Dav,�d. C,., ,$y rnham.,, ,IT and Anne' 'H H. Burnham (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . : . . . . :. . . (Name and title of corporate officer) Builder's License No. . .N/A . Plumber's License No. .NfA . . : Electrician's License No.Nf A , . . . . , , , Other Trade's License No. . . . N/A I. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . no ,# -right` of way off Peninsula Road Fishers Island IIouse Number . . . . . . . wnberStreet Ham. . :,let . .. . . . . .: . . . . . . . . • . : . . . . .. County Tax Map No. 1000 Section . . . . 010 :00_ , , , , Block 04 00 . Lot s, _007,:001, &,',009;003 Map of Peninsula 21-25 , 79-80 Subdivision . . . . . . . . . . . Filed Map No. .��3. . . . . . . . ; . Lots, xhoAw..betWeen . . . . . - '(Namej . . . . . . . . . !. State existing use and occupancy of premise's and intended use and occupancy of proposZ3 and 80 ed construction: a. Existing use and occupancy . . . . uacant, ,land. . . . . : : . . . . . . . . . . . .. b. Intended use and occupancy • . , , single-family dwelling' 3. Nature of work(check which applicable): New Building X Repair . . . . . . . . . . . . . . Removal . . . . . . . . . Addition . : . . . : . . . . Alteration Demolition Other Work . . . . . . 4. Estimated Cost . . . . . . . : . . . . . . . (Description) unknown . _ . . Fee . $25 - 00 <. 5. If dwelling,number of dwellin u (to be paid on filing this application) 9C If garage, number of cars g nits • , . , 1. . , . Number of dwelling units on each floor 6. If business, commercial or mined occupancy, specify nature and extent of each t Il 7. Dimensions of existing structures,if anFront . type of use . . . , • height : Y' Rear • • • • Number of Stories . , Depth Dimensions of same structure with alterations or additions Front '. . It Depth :. :. . . . . . : . . . . . . Height . . . . . . . . . . Rear . . . . . : !' 8. Dimensions of entire new construction: Front . , ' • Number of Stories Height '. Number of Stories . . Rear . . Depth 9. Size of lot Front . 150 ' i, 10. Date of Purchase . October 16, 1997 Rear . • 150 ' _ , . • • • • Depth - 150 ' 11. Zone or use district in which premises are . . . . . .ituated . . . .a e of Former Owner . Bette M Burr • ' " ' 12. Does proposed construction violate any zoning law;ordinance or regulation: ;unknown 13. Wil! lot b; . . rebradcd . . . .pp; , . . . . 14. WE! Of Owl",of-premisesDa,vldXwri . . Burnha Will excess fill be removed from premises: Yes • • • • • • .address P..o. kI06390 No ` Name of Architect , , . ; , � 64K 3��,• , ' Phone No. . . . . . . . . Name of Contractor . . . " " ' ` • • •Address Phone No. 15. Is this property within 300 feet of a tidalawetland? Phone No *If yes, Southold Town Trustees Permit"may be. required.Yes. . .x . . . . No, . . . . . ' 3l PLOT DIAGRAM Locate'clearly and distinctly all buildings, whether existing or proposed, and.indicate all property lines.Give street and block number or description according to set-back dimensions from interior or corner lot. deed, and show street names and indicate whether Applicant requests determination as to whether tax lots 7 .1 and 9.3 in Block 4 of Section 10, -District 1000; are "'recognized" separate b !; as buildable parcels under the Zoning Code of the Town of Southold . 41 - i% 'TATE OF NEW YORK S.S . . . . . . . .Stephen. L... .Ham,. .IIZ. bove named.(Nameof individual signing contract) • • • • • • • . . being duly sworn, deposes and says that he is the applicant . [e is the . . . . agent. . .: . . . . . Orate F said owner or owners, and is duly authorized to performnor have perform dr the said work and to m plication; that all statements contained in this application are true to the best of his,knowledge,and belief;and that the ork will be Performed in the manner set forth in the application filed therewith. make and file this vom to before me this a 12th . . . . .day of. . .December. . . . . . . ., 19 .97,. nary Public, . . S.uf,folk, . . County 17EIiiAI?i S.4FPt�BISS NMjAAYPU8U0,8plt Volk . . . :. . . . . . . . . Varµ y ' C'"er in�u^c!8Ce B Ls 2MVPaes7 Stephen i_Owrm ssion Gxphes duly 13, 2q (Signature of applicant) APPLICATION FOR WAIVER UNDER SECTION - 100-26 8.20 ftto a This review it for lots which ha %(Rq�aSPAAds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached) . The zoning of my parcel is presently: R-40 The size requirement for this zone is : 4n ,_nnn square feet per parcel . County Tax Map Parcel Nos : 1000 010.60 - 04.00 - 7.1 & 9.3 David C. Burnham II : as owners of the contiguous lots shown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II ,. Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1 . Copies of my recent tax bill for both (all ) lots . 2. Copies of deeds dated prior to June 30 , 1983 for all lots. 3 . Copies of current deeds of the parcels under review. 4. Copy o f t ve -cur rent•-Cbunty'-TAx- Map-for-my- neighborhood,. 5 . 5150 . 00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to, file for a subdivision and, if necessar.y, , area variances under the usual procedure . By making this application, I hold the Town of Southold freeand harmless from any and all claims and liability resulting from the issuance of a waiver . F;DOHERTY in, 4t6q"Alk 41pte of NSW V@F4 (Applicant and Owner) Ne-,4000560 David C. Burnham,, II pygliileg j11 Ouilalk aaty T®rrn Ei pirae (Applicant and Owner) SR to b re a this o gam$_ Au& i Notary Public A Waiver is hereby approved denied (delete appropriate action) - based upon the above documentation. Issued by Reasons for application ( t0 continue on next page). zbata.w1295 APPLICANT ' S REASON #1: As will be shown by evidence to be presented at the public hearing, the subject parcels, each greater than one-half acre, are consistent in size with other lots in the area, so granting the waiver will not produce an adverse impact on the neighborhood. APP.LICANT' S REASON #2: (PLEASE USE AOOITIONAL SHEETS if needed . ) ,l,� ti• •f' •�' 4: :1F!Y.. i� :. •.r,� `_ "' `� ,l!.:i )•`f' ?. •i'1�ri�%'�.: r�5: .j tl. J ,•r' r .:1. +'t,y' ..i.' .• � �. ., ', .•1: ni,�;•.:en�r: ie:a�t:f•�;''' `t..'7+ p II F.,,•j 1 '•1 ..r: cr,= •y'r' -• [d' t! ..�.: :X -tv ':Jr.3a tx•. ]t{. -5' 7t i•. 1 ) {� 1 - l: 1 , :'i•?` �r'�' •:r _ .tet,..: �,�.-,.,. K .ain'• 't .L•r' r r , 'r�' ''moi:•y '!2' r E• ..'1[•yy 4 T•. tt •1� f _l..-..�. rA y. ?I' �.�.i ��• �t ' •. _ •.q- - .4 jjt3, 4 Yd 'Al •.t' r 'ti :tis• ,iS,`• -) _ y, _ L •t)ia.. 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At.,.y;. - r •t'i: �• :*I. .t :1-:. r- yF+-i .}( ) 'r�iy,fit � r.(Q,fyr,.�}s_.�...r5`�'- �:It .I��• .�i,try'Q• t. - '.J. ;�.; ., -;,' ...7a�j.�::j•::tT::• ',^•` ,� AX �►��:t ':�:• ,al' r•,,.Y�Ih,;• �. 11�T:':''' �i.'.t. .,:.c:• rf.t, O ,• .fry.i ,�'+ ''i''�'''' .. �!ti71/}I. , :,r'. :,;:��...�,r, - _ '•7rd(..,.,i;£:i ., 1 I�•j F" .t' :� 44 y`q:1,'.•,. • � '' 1r r \'.�;• »a1�p,� •Jy.,: �IL� _..a.• 1 , ''�'' `� ' ir•i f�,I _ 1 C. O ' 1\ /'�!�,7n S y/ •*'?'ry'A''1:- ,."f1 `�• -64,. _ . .. . ... -�::�. �,{.pit,;. •. �•:�� - 'p �s�l ,..,, ::' r;�• ` ,� ;..;:,.. •.•�-• . . •jY: i � •' :.• ` 1 1 - 'O'. .-- f.�, 0: '-�:t•fir•/�OJJ '�ft• . .'i _`�• ,fi"�' a, •.,• '' ,,;�....\ 1 ..i' i "K: ` _ ~': .l1,'!�' r mss,r i�?�}._•e i.`e: sai; ).:. ,t.r?;�:Ui ,:�:4:t1'n��;,k��+' .. 1 ��i -i;: ` 2' ..tr.rJ • '� 'r ;\ , � :.tib:�� `�:;. •1'•V 1 4.. 'i . "c 4t TOWN OF. SO'"TMOLD PROPERTY _ RECORD CARD R � STREET-14.0 /Y 8e.&I e VILLAGE.S� �� DIST. ' SUB. LOT RMER l/lH \ �� d F l + Y,0.) O OWNER N -� ., E ACR. S yy C?�• i TYPE OF BUILDING RES. SEAS. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r' 0 t Y-. .� � � _.S � .:, �• • I�' iii, ,n Tillable FRONTAGE ON WATER Woodland Meadovy(and FRONTAGE ON ROAD DEPTH House plot BULKHEAD Total 1 FOF-1 NO- 3 Ll TOWN OF SOQTHOLD BUILDING DEPARTMENT ��rr � 14J SOUTHOLD, N-Y. �I � �'1��•- i NOTICE OF DISAPPROVAL DATE: _2/10/98_-• - - • - - • - - - - . - - - - • - To Stephen Ham III . A/C Burnham, David . . - -- - • - - - - - - - 45 Hampton Road .. _ . . _ . . . . _ _ . . . . . . Southampton, NY 11968 :. . . _ _ _ _ • . PLEASE TAKE NOTICE that your application dated ._December_ l6,_ __ __ _ 1997, __ _ for permit to - construct a single _family_dwelling_. at . . . . . . . . . . . . ._ .. . _ . Location of Property _ _ . off Peninsula Road_ • _ __ _ _ _ __ _ _____ _ __Fishers_Island- _ - _ _ - • - - - - • - . . _ . . . . House No_ Street Hamlet County-Tax Map No- 1000 - Section .1q . . . _ . _ . . BJ OCK .. . . .4. .. _. LOT 7:1. �.99.3. . . Subdivision Filed Map No. . . . .. . . . .Lot No. . . . . . . . is returned herewith and disapproved on the following grounds According_ to_ the_Title. . . . _ • . . Search submitted_ prepared by Fidelity National Title-Insurance_Company_bpth_ non- conforming lots are in the same name of.Bette.Spohn_and.the lots.do.not fall. under. . . . . . . . . . . _ . . . . . . . . _ . . - - - . • • • - - - . - - - any of the exceptions; pursuant to Article II. 100-25.A.&. the C. Action reguired. by. . _ . . _ . _ . Zoning Board of Appeals. . . . . . . . . . . . . . .. . . . . . . .. . . • - - - - - - - - - - - - - - - - - - . . . . . . . . - - - --. . . . . -- -. . . _ _ . . . - - -- - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . .. . . . . .. _. . . . . . . .- - - . . . . .. . . . . .. . . _ . . _. . . . .... . . . .. . .. . . _ . .. . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . ... . . ... .. . .. . . . . .. . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . ... .. ... . .. . . . . . .. . .. .... .. ... . ............ .••• --•••- - - • - -- -- . . . . . . . . . . . . . . - - - - • . . ... .. ........ . . . . ... . . . . ... . . .. ..•- - - - - -. _. . . ------ -- -- ----.. ... . . . .- - - - - - - - - - . . . . - • . . . . . . . . . . . . . .... .• - • --- - - - - - - - - -- - - - - . . . . . . .. . . - - - - • - :- •-- • -- -- - - - - - - - - - -- - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . ... .. . . . . . . . . . . . . . . . . . . . . . • • --- - -- - --- -- - - - --- - • - -- - - - - -- - - - . . . . - - - - - - - - - ' . . . !. _ . -- -- - - - - - - - - - - B LD NG NSPECTOR RV 1/80 DECLARATION DECLARATIO N, made the day o fNovember 1 II, now residing at (no # Whistler 999, by )AVID C. BLR��HAM refereed Avenue, P.O• Box 335 to as the Declarant , Fishers Island, Netiv York, herein, WEREAS, the Declarant is the o road offPeninsula owner of cert real Property Road, Fishers Island Town of So situate at a on the map entitled "pl uthold S private an ofP � uffolk'County, New York,e�sula at Fishers Island owned b k, as shown Thorp, made by Chandler&Palm, y Charles W. He Office of the Engineers, Norwich, dge and Frances G. Suffolk County Conn• 1913", Which Particularly Clerk on March 11 1913 file map was filed ' ply desc ' in the nbed on Schedule � 1Vo• 223' said real A hereto; and property bein WI��AS g more Of So , the.Declarant�made application t Southold for a waiver to cause o the Board of Appeals of the Town aforementioned pI two merged lots, each co an of P resisting Of several lots en nsula and described on Schedule as shown be recognized on the as separate buildingA hereto as lots by the T Parcel I and parcel j7, to WIERE own of Southold; �, the Board a single budding Of Appeals granted al Parcel II would be recognized as ternatiVe relief whereby such parcel I lot'. and WHEREAS, for and in consideration of said granting care of Southold has dee of relief deemed it to be in t , the Board owner and pros he best interests of °f Appeals Pechve owners of said Parcel I the Town of Southold and the 'e imposed on said P and Paz ceI II that the Parcels and Within covenants as a condition of said a and restrictions rat the within D Pprov eclaration be recorded in the O said Board ofA PPeals has required WIC ffice of the Suffolk Coun REAS, the Declarant has c ty Clerk; and L be for the best ' onsidered the fore interests of the Declarant foregoing and determu1ed that the same and subsequent owners of said par• cels; NOW, TBEREFORE 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 ' described on Schedule A hereto shall hereinafter be sand Parcel I and parcel II subject to the following.covenants which shall run with the land and shall be binding upon all purchasers of saidremise legal representatives, distributees, successors and assigns, P s, their heirs, executors, to wit: 1 Parcel I and Parcel 11 shall be conveyed as a single 1.02-acre Purpose of proceeding with agency applications for future dwelling parcel for the .r �� . g construction onarcel I. 2. `0 -�e-�( 4-A aQ C a,,,.E c�c�ec� rr� 1, o Z 2.� c � �,, � v�� e-singl@� gd customary aceess `��r � ,` r�. shall be con r„�tg �s- d- -° a., �su'��– 3' ifany Portion of combined Parcel I and Parcel II is conve ed se neither the portion so conveyed nor the portion remaining Y separately, then g shall be recognized as a building lot under the Southold Town Zoning Code for possible future construction. 4. The covenants and restrictions set forth in this Declaration c an only at the request of the then owner of Parcel I and Parcel II with be modified h the approval of a majority of the Board of Appeals of the Town of Southold after a public hearing. A be entitled to notice of such public hearing, but g Adjoining property, owners shall heir consent to any such modifications shall not be required. i IN WITNESS WBEREOF, the Declarant above named has executed the foregoing Declaration as of the day and year first above written. I David C. Burnham, II i Y' ' ......mow SCHEDULE A N r.( ALL those certain lots,pieces or parcels of land, situate at Fishers Island, Town,of Southold, Suffolk County, New York, bounded and described as follows: Lots 21, 22, 23, 24, 25, 79 and 80 (together,with the right of way between 23 and 80) as shown on Plan of Peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, Norwich, Conn. 1913" and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, file No. 223. PARCEL I--Lots 22, 24 and 25 BEGINNING at a point on the northerly side of a Right of Way at the southeasterly corner of land now or formerly of Elbert W. Burr; RUNNING THENCE North 24 degrees 07 minutes 55 seconds East along land now or formerly of Elbert W. Burr, 150.00 feet; THENCE South 65 degrees 52 minutes 05 seconds East, 150.00 feet; THENCE South 24 degrees 07 minutes 55 seconds West, 150.00 feet to the Right of Way first above mentioned; THENCE North 65 degrees 52 minutes 05 seconds West along the northerly side of Right of Way, 150.00 feet to the point or place of BEGINNING. PARCEL II-Lots 21 23 Right of Way and-Lots 79 and 80 BEGINNING at a point on the easterly side of a Right of Way at the northwesterly comer of land now or formerly of JoAnne M. Burr; RUNNING THENCE North 16 degrees 04 minutes 02 seconds East along the easterly side of a Right of Way, 170.00 feet; THENCE South 65 degrees 52 minutes 05 seconds East along the southerly side of another Right of Way, 263.15 feet to land now or formerly of JoAnne M. Burr; THENCE South 24 degrees 07 minutes 38 seconds West along the last mentioned land, 79.81 feet to the waters'of Derbies Cove; THENCE westerly, northerly, westerly-and southerly along-the approximate high water line of Darbies Cove, 345 feet more or less-and.equal,tie courses,an&distances of South 87 degrees 32 minutes 35 seconds West, 170.17 feet to land now or formerly of JoAnne M. Burr; THENCE North 73 degrees 55 minutes 58 seconds West along the last mentioned land, 88.00 feet to the easterly side of the Right of Way at the point or place of BEGINNING. . O- - _ D_T BOARD OF APPEAL,' (516) 765-1809 ZBA tel. Southold Town Hall 76.5=9074 fax 53095 Main Road Southold, NY 11971 November 23, 1998 Stephen Ham, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4612 and 4632— Lot Waiver (Burnham) Dear Mr. Ham: Enclosed please find a copy of the Appeals Board's determination rendered at our November 19, 1998 Meeting with alternative relief (waiver) and conditions. A copy was today furnished to the Building Inspector's Office as an update to the pending application for a building permit and for their permanent records. Very truly yours, GERARD P. GOEHRINGER Encl. CHAIRMAN Copy of Decision to: Building Department APPEALS BOARD MEMBERS S�FFOC��OG Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman �� y1 P.O. Box 1179 James Dinizio,Jr. y = Lydia A. Tortora � � Southold,New York 11971 • ZBA Fax(516)765-9064 Lora S. Collins y�®1 �.ao� Telephone(516)765-1809 George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 19, 1998 Appl. No. 4612 and 4632 — DAVID BURNHAM PARCEL 1000-10-4-7.1 and 9.3 (combined) STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is unimproved and is located on Fishers Island in an area known as the Penisula. The subject land identified on the Suffolk County Tax Maps as 1000- 10-4-7.1 is made up of lot numbers 22, 24 and 25 as shown on the Plan of the Peninsula at Fishers Island, .filed with the Suffolk County Clerk March 11, 1913. This - land is merged with land identified on the County Maps as 1000-10-4-9.3 is made up of lots numbered 21, 23, 79, and 80 on the aforementioned Plan, plus a right-of-way between lots 23 and 80. The subject land is separated by a 20-foot right-of-way. The total size is approximately 1.02 acre, according to a survey by Richard H. Strause dated October 6, 1997. This land nd intervening right-of-way were purchased by Elbert Burr in February 1964, together with a number of surrounding properties. In March 1974, Elbert Burr deeded the subject property, but not the intervening right-of-way, to his daughter, Bette Burr Spohn, and in October 1997 she sold the property to David and Anne Burnham. In April 1998, the property was transferred to the sole ownership of David Burnham. BASIS OF APPEAL: The Building Inspector issued a Notice of Disapproval on February 10, 1998, stating that the subject land being of nonconforming size in this R- 40 District and having both been owned by Bette Burr Spohn, is merged pursuant to Section 100-25A. Page 2—Appl. No. 46:1 )nd 4632 (Burnham) Re: 1000-10-4-7.1 + y:s(combined/single parcel) ZBA November 19, 1998 Determination RELIEF REQUESTED BY APPLICANT: Counsel for the applicant stated in a letter dated October 1, 1998 that the application in fact is for a determination that not only are the two lots not merged with each other, but also that they are not merged with the adjacent lots (numbers 7.2, 7.4 and 8, in the case of Lot 1000-10-4-7.3; and numbers 9.2 and 9.4, in the case of Lot 1000-10-4-9.1). Applicant's concern is that the action by Elbert Burr in 1974, deeding the two subject lands to Bette Burr Spohn and deeding certain surrounding lots to other daughters, created lots that are not large enough to be recognized pursuant to Section 100-24A-1 of the Zoning Code. REASONS FOR BOARD ACTION and RESOLUTION/ACTION: On the basis of the testimony presented and personal inspection, the Board made the following findings: 1. The waiver will result in a significant increase in the density of the neigh- borhood as proposed by the applicant because two (2) nonconforming lots of 20,000+- square feet would be created when the requirement is 40,000 minimum lot size in this R-40 Zone. 2. The waiver would recognize a lot that is not consistent with the size of lots in the neighborhood because County Map Parcel #1000-10-4-7.1 would be dissected from a larger parcel of 4+- acres presently improved with one (1) single-family dwelling as shown on the County Tax Maps as Nos. 7.1, 9.3, 7.2.1 7.4 and 8 combined, and also dissects Lot 1000-10-4-9.3 from a larger parcel of 1.50+- acre undeveloped land, now identified on the County Tax Maps as 9.3, 7.1, 9.2, and 9.4 (merged). 3. The waiver requested by applicant will not avoid economic hardship for the application because a waiver of the merger of No. 7.1 from No. 9.3 will not only create two vvr r small nonconforming lots but will also strip the merged parcel (Nos. 7.1 and 9.3) of its waterfront property and greatly impact the economic value of the whole parcel. The waiver alternatively granted by the Board will avoid economic hardship for the applicant because a waiver of merger, leaving 7.1 and 9.3 combined as a single lot, separate from the remainder of the surrounding lots, does create a lot that is 1.02+- acre in size, although a large portion is wetland area unusable for building purposes. 4. The natural details and character of the contours and slopes of Lot 7.1 and 9.3 together would not by necessity be significantly changed or altered, but a new single Lot 9.3 as requested would consist entirely of environmentally sensitive land in very Page 3—Appl. No.41- and 4632 (Burnham) Re: 1000-10-4-7.1 _.3 (combined/single parcel) { ZBA November 19, 1998 Determination close proximity to the wetlands and flood areas of Darby's Cove. These environmental conditions are also expected to be adversely affect a change or alteration in contours or slopes, or substantial filling of land. Accordingly, on motion by Member Horning, seconded by Member Collins, it was RESOLVED to DENY the applicant's request for separate Lot Waivers under 100- 26 as applied for Lot 7.1 separated from 9.3, and BE IT FURTHER RESOLVED, to GRANT AN ALTERNATIVE WAIVER SEPARATING THE COMBINED PARCEL, referred to as 7.1'and 9.3 on the County Tax Maps , from the surrounding properties with the following CONDITIONS: 1) Applicant shall file with the Suffolk County Clerk a Declaration of Covenants and Restrictions: That Lot Nos 7.1 and 9.3 shall be deeded as a single 1.02+- acre parcel for the purpose of proceeding with agency applications for future dwelling construction on the upland portion (No. 7.1): That combined Lot 7.1 and 9.3 shall not exceed one single-family dwelling for the total land area (1.02+- acre): That in the event any part of 7.1 or 9.3 is conveyed, that the land area either remaining or conveyed out, is NOT recognized as a lot under the Southold Town Zoning Code for a pgssible future dwelling. 2) The Declaration of Covenants and Restrictions shall be approved by the Town Attorney. 3) A conformed copy of the recorded Declaration shall be filed with the Board of Appeals. VOTE OF THE BOARD: AYES: Member Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). GERARD P. GOEHRIN ER CHAIRMAN 11/21/98 Approved for Filing 10-4-7.1 & 9.3 (combined as one) APPEALS BOARD MEMBERS SufFO�,Y C®G Southold Town Hall Gerard P. Goehringer, Chairman �� y1 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora ^? Southold, New York 11971 Lora S. Collins y ®�� ZBA Fax(516)765-9064 George Horning dol �� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 19, 1998 Appl. No. 4612 and 4632 — DAVID BURNHAM PARCEL 1000-10-4-7.1 and 9.3 (combined) STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is unimproved and is located on Fishers Island in an area known as the Penisula. The subject land identified on the Suffolk County Tax Maps as 1000- 10-4-7.1 is made up of lot numbers 22, 24 and 25 as shown on the Plan of the Peninsula at Fishers Island, filed with the Suffolk County Clerk March 11, 1913. This land is merged with land identified on the County Maps as 1000-10-4-9.3 is made up of lots numbered 21, 23, 79, and 80 on the aforementioned Plan, plus a right-of-way between lots 23 and 80. The subject land is separated by a 20-foot right-of-way. The total size is approximately 1.02 acre, according to a survey by Richard H. Strause dated October 6, 1997. This land nd intervening right-of-way were purchased by Elbert Burr in February 1964, together with a number of surrounding properties. In March 1974, Elbert Burr deeded the subject property, but not the intervening right-of-way, to his daughter, Bette Burr Spohn, and in October 1997 she sold the property to David and Anne Burnham. In April 1998, the property was transferred to the sole ownership of David ,Burnham. BASIS OF APPEAL: The Building Inspector issued a Notice of Disapproval on February 10, 1998, stating that the subject land being of nonconforming size in this R- 40 District and having both been owned by Bette Burr Spohn, is merged pursuant to Section 100-25A. Page 2—Appl. No. 461: d 4632 (Burnham) Re: 1000-10-4-7.1 + 9 -ombined/single parcel) ZBA November 19, 1998 Determination RELIEF REQUESTED BY APPLICANT: Counsel for the applicant stated in a letter dated October 1, 1998 that the application in fact is for a determination that not only are the two lots not merged with each other, but also that they are not merged with the adjacent lots (numbers 7.2, 7.4 and 8, in the case of Lot 1000-10-4-7.3; and numbers 9.2 and 9.4, in the case of Lot 1000-10-4-9.1). Applicant's concern is that the action by Elbert Burr in 1974, deeding the two subject lands to Bette Burr Spohn and deeding certain surrounding lots to other daughters, created lots that are not large enough to be recognized pursuant to Section 100-24A-1 of the Zoning Code. REASONS FOR BOARD ACTION and RESOLUTION/ACTION: On the basis of the testimony presented and personal inspection, the Board made the following findings: 1. The waiver will result in a significant increase in the density of theneigh- borhood as proposed by the applicant because two (2) nonconforming lots of 20,000+- square feet would be created, when the requirement is 40,000 minimum lot size in this R-40 Zone. 2. The waiver would recognize a lot that is not consistent with the size of lots in the neighborhood because County Map Parcel #1000-10-4-7.1 would be dissected from a larger parcel of 4+- acres presently improved with one (1) single-family dwelling as shown on the County Tax Maps as Nos. 7.1, 9.3, 7.2., 7.4 and 8 combined, and also dissects Lot 1000-10-4-9.3 from a larger parcel of 1.50+- acre undeveloped land, now identified on the County Tax Maps as 9.3, 7.1, 9.2, and 9.4 (merged). 3. The waiver requested by applicant will not avoid economic hardship for the application because a waiver of the merger of No. 7.1 from No. 9.3 will not only create two vm small nonconforming lots but will also strip the merged parcel (Nos. 7.1 and 9.3) of its waterfront property and greatly impact the economic value of the whole parcel. The waiver alternatives granted by the Board will avoid economic hardship for the applicant because a waiver of merger, leaving 7.1 and 9.3 combined as a single lot, separate from the remainder of the surrounding lots, does create a lot that is 1.02+- acre in size although a large portion is wetland area unusable for building purposes. 4. The natural details and character of the contours and slopes of Lot 7.1 and 9.3 together would not by necessity be significantly changed or altered, but a new single Lot 9.3 as requested would consist entirely of environmentally sensitive land in very ,y Page 3—Appl. No. 461 d 4632 (Burnham) f Re: 1000-10-4-7.1 + 1.., ,Lcombined/single parcel) ZBA November 19, 1998 Determination close proximity to the wetlands and flood areas of Darby's Cove. These environmental conditions are also expected to be adversely affect a change or alteration in contours or slopes, or substantial filling of land. Accordingly, on motion by Member Horning, seconded by Member Collins, it was RESOLVED, to DENY the applicant's request for separate Lot Waivers under 100- 26 as applied for Lot 7.1 separated from 9.3, and BE IT FURTHER RESOLVED, to GRANT AN ALTERNATIVE WAIVER SEPARATING THE COMBINED PARCEL, referred to as 7.1 and 9.3 on the County Tax Maps , from the surrounding properties, with the following CONDITIONS: 1) Applicant shall file with the Suffolk County Clerk a Declaration of Covenants and Restrictions: That Lot Nos. 7.1 and 9.3 shall be deeded as a single 1.02+- acre parcel for the purpose of proceeding with agency applications for future dwelling construction on the upland portion (No. 7.1); That combined Lot 7.1 and 9.3 shall not exceed one single-family dwelling for the total land area (1.02+- acre); That in the event any part of 7.1 or 9.3 is conveyed, that the land area either remaining or conveyed out, is NOT recognized as a lot under the Southold Town Zoning Code for a possible future dwelling. 2) The Declaration of Covenants and Restrictions shall be approved by the Town Attorney. 3) A conformed copy of the recorded Declaration shall be filed with the Board of Appeals. VOTE OF THE BOARD: AYES: Member Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). RECEIVED AND FILED .BY T E SOU-HOLD �'C��'' 14 CLEF; GERARD P. GOEHRINGER I CHAIRMAN 11/21/98 ,r ro J� 8-HOUR 5!oo M Approved for Filing 10-4-7.1 & 9.3 (combined as one) �2;6&om- i r r �. MATTHEWS SC HAM / ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON,N.Y. 11908 PHILIP B.MATTHEWS - (1912-1692) 516-283-2400 STEPHEN L HAM,III TELEGOPIER 516-287-1070 October 15, 1.998 BARBARA T.HAM MEMORANDUM TO: Town of Southold Board of Appeals FROM: Stephen L. Ham, III RE: Applications of David C. Burnham, II: .Analysis of Neighborhood of SCTM#'s 1000-10-4-7.1 & 9.3; and Other Factors to be Considered on Mercer. NEIGHBORHOOD DATA: Attached h(✓reto as Exhibit A is an enlarged excerpt from Suffolk County Tax Map Section 10 in District 1000 showing the Neighborhood surrounding the parcels (SCTM#'s 1000-10-4- 7.1 & 9.3) that are the subject of the referenced applications. This excerpt shows all the parcels which,like the subject parcels, are located on the Peninsula on Fishers Island, most of which consist of one or more of the lots shown on.the "Plan of Peninsula at Fishers Island" which was filed in the Office of the Suffolk County Clerk on March 11, 1913 as Map No. 223. Attached hereto as Exhibit B is a chart listing the tax map numbers, assessed owners, property classesand acreage of all parcels in the neighborhood of the subject parcels , i.e. those on the Peninsula on Fishers Island. ANALYSIS There are-38 separately assessed parcels on the Peninsula, including the subject parcels. Two assessments are for roads, one is for a marina and two are for the subject parcels. Of the remaining 33 parcels which are classified for some residential use, the majority, 20, are improved, primarily with year-round single family residences and a few with two-family, seasonal, or multiple- family residences or, in one case, "cottages". The lot areas of the subject parcels are larger than far more than half of the other parcels on the Peninsula classified for residential use. Both are equal to or greater in size than all but six of the 33 other residential parcels. Indeed, the median lot size of the r sidential parcels in the neighborhood is only .25 acre. Based upon the foregoing,the granting of the waivers applied for would result in the recognition of lots'that not only would be consistent with the size of other-"lots in the neighborhood, they would be 100% rg eater in size than the median. OTHER FACTORS Consistency of the size of the subject parcels with other lots in the neighborhood, the factor discussed above, is clearly the most important factor for your Board to consider of the four factors set forth in Section 100-26 of the Zoning Code. The other factors are addressed in this portion of the Memorandum. Increase in density of the neighborhood would not be significant. The applicant is asking only that the boundaries of the tax lots be recognized. HiLis not seeking to separate the merged filed map parcels(Lots 22, 24 and 25 in the case of tax lot 7..1 and Lots 21, 23, r/o/w, 79 and 80 in the case of tax lot 9.3). Therefore, at most two new single-family residences would be built. (In fact, however, no construction on tax lot 9.3 would likely occur due to the lack of a sufficient buildable area.) In any event, in view of the fact that each of the parcels is twice the median size in this area, the increase in density of at most two families could not be said to be substantial. Economic hardship is_obvious.in this case. Your Board can readily recognize that, lacking buildable status, the subject parcels would have value only as adjuncts to adjoining parcels even though they are larger than fifteen parcels that already have homes of one sort or another. There will be no change to the natural character of the parcels nor.-any substantial filling of land affecting nearby environmental or flood areas if the waivers are granted. The.applicant recognizes that, especially.with respect to tax lot 9.3, any construction and related activities would be carefully scrutinized by Town, County and State agencies with jurisdiction. S. L. H., III GOOSE ISLAN EXHIBIT A 2 - 9 1 � 0' •,�161 � . 155x. . . 100b,n m ��' r r(1) I (2) (3) (4) 1 (5) (6l (n (9) . I I I (m 7.2 0 1 1 1 1 7.41 N i 2.OA(c) (2'' I Iso 11sa I rn 152 300" (2(') 287 ')0 ��• 430) 137 150 1 �— r 81 1 I (10) c33) 2 0 ~ Ul 's I •2409 432)111 8)(27111261 (25)x(24)7.1(22 (201�18) 116 1 150 loo 1 " I ' 7.3 l:1) t (33) 360" (20'1 373 253 \ •2.2A(c) —— '263 9.j3 110 a• '^--- ) S .•"\ � (34) � (80l N I92311c21) (19) 19.4(ln \ _V\ 88sHARBOR 6 X41 t1o) 2 o \ HAp —1�BOR) . (36)90 4781$ (3nr S'cin' 9.2 \ \ o0i —,in 889 ' \ \ . (391 (38) (76)- 222C2 76)c \ 222c -w 9.1 775s 1751 (4o) 10 9. 3Sl 10 0 v (44) f's \tip �.u� ^� lim 12.2 D W Bt ES (45) �s 9 ~ ��' �\ ��'o 12.3 zad N (46) N. 1e�1110 0 '�tip 13.1 h(48) �j?� (47)� S yp'L 731 [8q 61 (87111 �6 i� �� • 50) IO (49) 52 3y 1. 8 2 4 f 0 5 12yti 1 2 C)77 ( \� 1 13*pe �~� �ry w 1 °;�17 /77 891 30 `� /''dl �`�' 9s12,-ro9 � 15 � srs csa/8 ,rl�, 9 102 �23sa 23.1 J 14os yp y �5as 80, `�(ssr. 20 51 , _, tion 9i es (571 21 . ti° 37. 25 14 / rs2� r'r s?� rse) rs,91 1�y //�I4 +° 12.3 20 601 1611 // 22/ / J 1.5A(c) 64 ep 14 A ly*l.SIN BAY F . 54 ~�ti(s) 0 y Q '' �',� • .75 20 220 ry 19.1 5 .. 1.1 v cy` `�' �� a 9 S5Q° - a �s kti EXEIlBIT B NEIGHBORHOOD DATA SCTM# 1000-10- ASSESSED OWNER(S) PROPERTY CLASS ACREAGE 3-1 VanVoorhis, R 313 .57 3-2 Burnham, D and ors 260 .43 3-4.1 Burnham, RB 210 .62 3-5 Edwards, J 210 .27 3-7.1 Schongar, S 210 .54 3-8.2 Simonds, SH&N 31.1 1.15 3-10 Bartels, I 210 .25 3-11 Scott, A 210 .47 3-12 Farley, C &M L 313 .25 3-13 Rosenburg, B &M 260 .31 3-14 Broom, H 260 .07 3-15 Broom, H&L 210 .12 3-16 Kavanaugh, H 210 .12 3-17 Vartanian, C 313 .16 3-18 Vartanian, P D 312 .17 3-19 DuPont, R 210 .14 3-20 Duspanger, P 210 .30 3-21 Sinclair, S 210 .16 3-22.1 Pirates Cove Marina 220 .50 3-22.2 Pirates Cove Marina 570 .25 3.23.1 Burr, E 692 .52 3-24 Rota, L&D 210 .12 3-25 Broom, L 323 .13 4-1 Burr, E 260 .48 4-7.1 Burnham, D 311 .52 4-7.2 Burr, J 210 2.00 4-7.3 Burr, E M 210 1.66 4-7.4 Hawkins, G 313 .47 4-8 Burr, E W 311 .43 4-9.1 Burr, E M 313 .20 4-9.2 Burr, J 313 .20 4-9.3 Burnham, D 311 .50 4-9.4 - Burr, J 313 .25 4-10. Hawkins, G 313 .40 4-12.2 Ahlgren, K& J 311 .16 4-12.3 McNamara, H& ors 417 .23 4-13.1 Burr, E M 692 .70 . 4-15.1 Collins, P 210 .24 Property Classes 210 One-Family Year Round Residence 220 Two-Family Year Round Residence 260 Seasonal Residence 311 Residential Vacant Land 313 Waterfront Vacant Land 312 Residential Vacant Land w/improvement 323 Other Rural Vacant Land 417 Cottages 570 Marina 692 Road t EXHIBIT B NEIGHBORHOOD DATA SCTM#1000-10- ASSESSED OWNER(S) PROPERTY CLASS ACREAGE 3-1 VanVoorhis,R 313 .57 3-2 Burnham,D and ors 260 .43 3-4.1 Burnham,RB 210 .62 3-5 Edwards,J 210 .27 3-7.1 Schongar, S 210 .54 3-8.2 Simonds, SH&N 311 1.15 3-10 Bartels,I 210 .25 3-11 Scott,A 210 .47 3-12 Farley, C&M L 313 .25 3-13 Rosenburg,B&M 260 .31 3-14 Broom,H 260 .07 3-15 Broom,H&L 210 .12 3-16 Kavanaugh,H 210 .12 3-17 Vartanian, C 313 .16 3-18 Vartanian,P D 312 .17 3-19 DuPont,R 210 .14 3-20 Duspanger,P 210 .30 3-21 Sinclair, S 210 .16 3-22.1 Pirates Cove Marina 220 .50 3-22.2 Pirates Cove Marina 570 .25 3.23.1 Burr,E 692 .52 3-24 Rota,L&D 210 .12 3-25 Broom,L 323 .13 4-1 Burr,E 260 .48 4-7.1 Burnham,D 311 .52 4-7.2 Burr, J 210 2.00 4-7.3 Burr,E M 210 1.66 4-7.4 Hawkins, G 313 .47 4-8 Burr,E W 311 .43 4-9.1 Burr,E M 313 .20 4-9.2 Burr,J 313 .20 4-9.3 Burnham,D 311 .50 4-9.4 Burr,J 313 .25 4-10 Hawkins, G 313 .40 4-12.2 Ahlgren,K&J 311 .16 4-12.3 McNamara,H&ors 417 .23 4-13.1 Burr,E M 692 .70 4-15.1 Collins,P 210 .24 Property Classes 210 One-Family Year Round Residence 220 Two-Family Year Round Residence 260 Seasonal Residence 311 Residential Vacant Land 313 Waterfront Vacant Land 312 Residential Vacant Land w/improvement 323 Other Rural Vacant Land 417 Cottages 570 Marina 692 Road 60 MATTHEWS & HAM ! AN-VL ATTORNEYS AND COUNSELLORS AT LAW 3 �' 45 HAMPTON ROAD I ttt -.J SOUTHAMPTON,MY, 11968 PHILIP B.MATTHEWS - (1912-1992) �/� 516-283-2400 STEPHEN L.HAM,III TELEGOPIER 516-287-1076 October 1, 1998 BARBARA T.IIAM Southold Town Board of Appeals " ' Southold Town Hall P. O. Box 1179 Southold, NY 11971 Gown Cleric Soothold Re: Application of David C. Burnham, II for Waivers Under Section 100-26 Dear Board Members: With respect to the referenced application submitted August 14, 1998, please be advised that, while the form of Application for Waiver refers to the tax lots designated as.Lots.7.1 and 9.3 in Block 4 of Section 10 in District 1000, the application is intended to address, separately, the merger of Lot 7.1 with Lots 7.2, 7.4 and 8•and-the merger of Lot 9.3 with Lots 9.2 and 9.4. Since there are actually two applications, I have enclosed another check to the Town of Southold in the amount of the $150 application fee. Please let me know if any further information or documentation (other than that needed to satisfy posting and notice requirements)is necessary prior to the public hearing. Very truly yours, Ste h L. Ham III p SLH:cg Enclosure MATTHETRS SC HAM ATTORNEYS AND COUNSELLORS AT LAW (_ 45 HAMPTON ROAD SOUTHAMPTON,N.Y. 11968 IIHILIP B.Ir1ATTHEWS AUG 2�I Unn (1912-1992) �, 1998 516-283-2400 � I STEPHEN L.HAM,III TELEGOPIER 510-287-1070 i BARBARA T.HAM "'- ' l August 19, 1998 Southold Town Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Attn.:, Mrs.. Linda Kowalski Re: Application of David C. Burnham, II for Waiver Under Section 100-26 Dear Linda: In accordance with your request, I have enclosed copies of the 1964 and 1974 deeds relating to the property that is the subject of the referenced application. The deeds were recorded in Liber 5505 page 280 and Liber 7627 page 575, respectively. I trust these copies are legible enough for your purposes but, if they are not, please let me know and I will try to obtain better ones. I look forward to receiving a communication concerning the public hearing in due course. Sincerely, Stephen L. Ham, III Enclosures ONIWIEOF �A -ONING BOARD OFAPPF,4 GS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 ............................................................... September 2$,1998 Re: Application Notice Requirements Hearing Date: Thursday, October 15, 1998 Dear 77-,)-7_ lal, For your review and ls, please d enclosed a copy of the Legal Not' garding your appli Our department will publish Notice in next week' is a of the L.I. Traveler newspaper. Pursuant to the provisi s of Chapter 58 of the Southold Town Code, notice of your app tion and . hearing must now be sent, by certified mail, retur receipt requested, to the all surrounding property owners togoiier with a copy of a map or sketch describing the location and/or_,use of the property or new construction. Please send the notices -?o (earlier preferred) . Owners of vacant property and other pr 'erties, surrounding your project, along all sides and abuttthe boundaries of the subject lot are those as listed on the ass sment rolls. A copy of Chapter 58 is enclosed for your r ference. Please also post the enclosed signson your property at .'ten (10) eet, or closer, to the front property line$ facing the streets by 10/7, —� The sign must remain for a period of- not less than seven (7) days) . Once the sign is placed, please. complete and return the Affidavit of Posting to us. If another sign is needed, please let us know. When the Certified Mai Ings have been sent, please furnish your Affidavit of Mailing to e-as soon as pose, together with white certified mail recei postmarked by a post office. Once the green/signature ca s are returned iter you by the post office, please file them withirg. These will a be made a part of your permanent file as proo of service under apter 58. In the event there is any signature rd that was not eturned to you, please confirm the same at the ublic hearing for update and record purposes. Thank you. Very truly yours, Enclosures Office of the ZPA applicant.ln.doc Wp I ytr)etoo Z 0 7"' ,NOTICE OF H' EARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD : DATE OF PUBLIC HEARING : E)C71006Eie X407- If f-9 7* '®dAx) * If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS • TOWN OF SOUTHOLD (5176 6L) BOARD OF APPEALS Southold Town Hall PO Bos 1179, 53095 Main Road Southold, NY 11971 MENNEENNEENE Mr. David Burnham, II P.O. Box 335 Fishers Island, NY 06390 OFFICE or 7NING BOARD OFAPPE S j 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ September 2 ,1998 Re: APP lication Notice Requirements Hearing Date: Thursday, October 15, 1998 Dear For your review and transmittals, please find enclosed a copy of the Legal Notice regarding your application. Our department will publish the Notice in next week" s issue of the L.I. Traveler newspaper. Pursuant to the provisions of Chapter 58 of the Southold Town Code, notice of your application and hearing must now be sent, by certified mail, return receipt requested, to the all surrounding property owners together with a copy of a map or sketch describing the location and/or use of the property or new construction. Please send the notices by 14/ . (earlier.preferred) . Owners of vacant property and other properties, surrounding your project, along all sides and abutting the boundaries of the subject lot are those as listed on the assessment rolls. A copy of Chapter 58 is enclosed for your reference. Please also post a enclosed sign on your property at ten (10) feet, or closer, he front property line, facing the street by 10/7. The sign mus amain for a period of. not less than seven (7) days) . Onceth ign is placed, please. complete and return the Affidavit of P ng to us. If another sign is needed, please let us know. When the Certified Mailings have been sent, please furnish your Affidavit of Mailing to us as soon as possible, together with white certified mail receipts postmarked by the post office. Once the green/signature cards are returned to you by the post office, please file them with us. These will all be made a part of your permanent file as proof of service under Chapter 58. In the event there is any signature card that was not returned to you, please confirm the same at the public hearing for an update and record purposes. Thank you. Very truly yours, Enclosures Office of the ZBA applicmt.ln.doa 0TTICE OF B 0ARD OF APPP.I S Southold Town Hall 53095 n4ain Road Southold, ,NY 11971 (516) 765-18og ZBA tel. (516) 765-9064 ZDA telefax. September 30, 1998 FACSIMILE TRANSMISSION to 860-442-5443 Attn: Judy Please publish the attached Legal Notice in the next (recent) issue of the The Day Newspaper. Thank you. If you have any questions, please feel free to call. Yours very truly, 17A� Linda Kowalski o Attachment (1) LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 15, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 119711 on THURSDAY, OCTOBER 15, 1998 at the time noted below (or as soon thereafter as possible): 7:00 p.m. Appl. No. 4612 — D. BURNHAM. Requests for (a) Lot Waiver for 1000-10-4-7.1 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-7.8, 7.2, 7.3, 8; and (b) Lot Waiver for 1000-10-4-9.3 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-9.4, 9.2, 7.1. This property is shown on the filed "Plan of Peninsula at Fishers Island," located at Darbies Cove, Private Road (extending off the north side of Pennisula Road, Fishers Island, Town of Southold, Suffolk County, NY. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: September 29, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By: Linda Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------x In the Matter of the Application of AFFIDAVIT OF (Names of Applicants) MAILINGS Parcel 1D #1000- ----------------------------------------x 1000-----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at New York, being duly sworn, depose and say that: On the day of , 19_, I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the( )Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this day of (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner nan:es and addresses for which notices were maileJ Thank you. i O ELIZABETH A.NEVILLE �`t� Gy Town Hall, 53095 Main Road TOWN CLERK o 1 P.O. Box 1179 W 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS0 • Fax(516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ��l � Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.' Neville DATED: August 20, 1998 RE: Zoning Appeal No. 4612 - David Burnham II Transmitted herewith is Zoning Appeal No. 4612 - David Burnham 11 - Zoning Board of Appeals application for Waiver under Section 100-26. Also included is Notice of. Disapproval with Building Application attached, copy of survey, copy of tax map, copy of property record cards, Applicant Transactional Disclosure Form, Z.B.A. Questionnaire and copies of deeds, copies of Original Variance Search and letters from Matthews & Ham dated August 14 and August 19. r MATTHEWS & HAM ATTORNEYS AND GOUNSELLORSAT LAW 45 HAMPTON ROAD SOUTHAMPTON,N.Y.11808 PHILIP B.MATTHEWS - Ge2-ee2) 510-283-2400 STEPHEN L.HAM,III TELEGOPIER 510-287-1070 BARBARA T.HAM August 14, 1998 Southold Town Board of Appeals Southold Town Hall P.O. Box 1197 Southold, NY 11971 Re: Application of David C. Burnham, II for Waiver Under Section 100-26 Dear Board Members: In connection with the referenced application relating to two parcels at the Peninsula on Fishers Island, I have enclosed the following: 1. Application for Waiver signed and sworn to by David C. Burnham, II. 2. ZBA Questionnaire signed by David C. Burnham, II. 3. Transactional Disclosure Form signed--by David C. Burnham, 11. 4. Original Variance Search of Fidelity National Title Insurance Company (FNT 9712636). 5. Photocopy of last deed of record to the subject premises from David C, Burnham, II and Anne H. Burnham to David C. Burnham, II recorded in Liber 11890 page 147 on April 24, 1998. 6. Photocopy of next-to-last deed of record to the subject premises from Bette M. Burr to David C. Burnham, II and Anne H. Burnham recorded in Liber 11859 page 039 on October 27, 1997. 7. Notice of Disapproval from the Building Department dated February 10, 1998 and updated to May 21, 1998, together with copy of Application for Building Permit. 8. Seven-prints of'a guaranteed survey showing the two parcels that are the subject of the instant application. Southold Town Board of Appeals August 14, 1998 Page 2 9. Excerpt from Section 10 of District 1000 of the Suffolk County Tax Map showing the subject premises in Block 4. 10. My Trust Account check to the Southold Town Clerk in the amount of the $150 filing fee. If you require any further information, documentation or payments before this application can be processed, please call me as soon as possible. If the enclosed application and supporting documentation are in order, please have this matter placed on your calendar for a public hearing at the earliest possible date. Very truly yours, Stephen L. Ham, III Enclosures QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the- subject hesubject premises and a description of their interests: (Separate sheet may be attached. ) David C Burnham, TT B., Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { x } No. (If Yes, please attach copy of "conditions" of sale. ) c. Are there any proposals to 'change or alter land contours? { } Yes {' x} No D. 1. Are there any areas which contain wetland grasses? Yes 2-. Are the wetland areas shown on the map submitted wit this app I-i catior_? n, 3 . Is the property bulkheaded between the wetlands area and the upland buil,44 area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Tt'.istees =or its determination of -jurisdiction? . no ,l E. Is there a depression or -sloping elevation near the area of proposed constrUcti.on at or below five feet above mean sea level? N.A. (If not applicable, state "N.A. " ) F. ' Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that -tau are submitting? „n;= Is none exist, please state "ncne.” G. Do you have any construction taking place at this `tee cancer-ming your =premi ses? no If yes, please submit a ccpv of your building pe_rmi.t and map as approved by the Building Department. IJ.- none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or surmit copies of deeds. I. Please list present use or operations conducted at :.his parcel none - vacant land and proposed use construction of single family dwelling � 9/ 7/98 Authorized SignaL:ire. and Date David C. Burnham, II 3/87, 10/901k i § 97-I3WETLIL TOWN _ The Town of SOur old_ - T3US i L.ES — The Board of T:rstaes of the Town of Sout ald- [kidded 6-x-84 by LL. NO. 6-1984 :..._ANDS [Amended MS-7"o by L .L NO.2-1,976; 3-26- 85 by L.L NCL 6-193.5 A.' I-MAL WET ' YDS: (1) All .lands generally covere, or intermit•entiy cov- . erect :vitn.or whir-:^_ on,:'.dal wmte.—,,or ian ds lying beneath tidai waters. which at mean low ride are covered by tidal waters a a maxi:n,:n dept of five (5) feet. inc!'-' ;;,-g but not limited to ba:.its. bogs, salt marsh. swamps. meadows, ;tats or ot:.er law lying lands subject to tidal action: (2) '..-A-11 banks, bogs. meadows. :.ats and tidal marsh subject to such tides and upon which ,z-ows or may grow some or any of tl:e following: salt hay, black grass, saltworrs, sea lavender, tall cordgra-ss. high' bush..cattails. g.oundsaL m-y-c;,r,-,11oW art low march card,-rz adl=- (3) All land immediatei-ad,'acert ta a`tidal-met-land as defined in Subsecdan A(2) and lying"within seven- tq-five (75) feet landward of the most landward edge of such a tid:;1 wetland. 3. FEESHWATEi;NETLAN-US: . (1) "Freshwater wetiands"as defined in Article 241.Ti- tle 1. § 21-0107, Subdivisions !(a) to I(d) inclusive. of the Environmental Consery.-tion Law of the State Of Ne%v York: and (2)' All land immediately adjacent to a"freshwater wet- land."as defined in Subsection 3(1)and lying ;with- _ in seventy-five(751 sward edge of -; fees iaitdward of toe most 1a:d_ reshwa:ar wedand." APPLICANT TRANSACTIONAL DISCLOSURR PORN The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the par L of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow_ it to take whatever action is necessary to avoid same . YOUR NANK: BURNHAM, DAVIT) ('. , TT (Last name, first name, middle initial , unless you are applying in the name of someone else or other entity, such as a company . If so, indicate 'the other person 's or company ' s name. ) NATURE OF APPLICATION: (Check a l l that apply . ) . Tax grievance variance }( Change of zone Approval of plat Exemption from plat or official map Other ( If "Other, " name the activity . ) Do you personally -.(or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee 'of . the. Town- of Southold? "Relationship" includes by blood, marriage, ,or business interest_ "nusiness interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. . YES NO X If you answered "YES, ". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or tier spouse , sibling, parent , or child is (check all that apply ) : A) . the owner of greater than 5% of the shares of Lite corporate stock of bite applicant (when the applicant is . a corporation ) ; B) the legal or. bene' ficial owner of any interest in a noncorporate enLiLy (when the applicant is not a corporation) ; C) an officer, director, partner, or employee of Lite applicant = or D) the actual applicant . DESCRIPTION Or RELATIONS111P AVr_q,)j r SubmitLed this 7 day of 1998 Signature* Print-. name David C. Burnham, II Z TITLE NO: FNT9712636 DISTRICT: 1000 SECTION: 010 . 00 BLOCK: 04 . 00 LOT: 007 . 001 and 009 . 003 Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds : SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing- lots- other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above- captioned property has been in single and seperate ownership of: Bette M. Spohn and his/her predecessors in title since prior to 1971 except as follows : (see attached chains of title) . The liability of the Company is limited to the amount of the fee paid. Dated: 10/10/97 FIDELITY NATIONAL TITLE INSURANCE COMPANY MARIE PAGE Sworn to before me this r�1n0thAd�ay of O+c/tober, 1997 "[ ► VW V U Notary Public MARGARET VGLLMOELLER Notary Public, State of New York No. 01V05032469 Qualified in Suffolk County 1 Commission Expires August 29, rr r�r TITLE NO. FNT9712636 STATE OF NEW YORK) ss : COUNTY OF SUFFOLK) MARIE PAGE, being duly sworn deposes and says : . That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises : SCTM 1000-010 . 00-04 . 00-007 . 001 and 009 . 003 That the said records indicate the following chains of title as to premises. and adjoining lots since prior to 1971 . SUBJECT PREMISES: 1000-010 .00-04 . 00-007 . 001 and 009 . 003 Fishers Island Estates, Inc . Dated: 2/18/64 to Rec' d: 2/26/64 Elbert W. Burr Liber 5505 cp 280 Elbert W. Burr Dated: 3/22/74 to Rec' d: 4/29/74 Bette M. Spohn Liber 7627 cp 575 LAST DEED OF RECORD PREMISES NORTH:- 1000-010 . 00-04 . 00-007 . 004 Fishers Island Estates Inc. Dated: 2/18/64 to Rec'd: 2/26/64 Elbert W. Burr Liber 5505 cp 280 Elbert W. Burr Dated: 3/22/74 to Rec'd: 4/29/74 Grace M. Hawkins Liber 7627 cp 579 LAST DEED OF RECORD FIDE ITY NATIONAL TITLE INSURANCE COMPANY BY: MARIE PAGE Sworn to before me this 10th day of October, 1997 GnnamaLI±2 U Notary Public MARGARET VGLLMOELLER Notary Public, State of New York No. 01 V05032469 Qualified in Suffolk County/[9 I Commission Expires August 29, PREMISES SOUTH: 1000-010 . 00-04. 00-009 .002 Fishers Island Estates Inc . Dated: 2/18/64 to Recd: 2/26/64 Elbert W. Burr Liber 5505 cp 280 Elbert W. Burr Dated: 3/22/74 to Recd: 4/29/74 Joanne M. Wall Liber 7627 cp 570 Joanne M. Wall Dated: 4/11/88 to Rec' d: 5/10/88 Joanne Montgomery Burr Liber 10598 cp 496 LAST DEED OF RECORD PREMISES SOUTH: Darbies Cove PREMISES EAST: 1000-010 . 00-04. 00-007 .002 Fishers Island Estates Inc. Dated: 2/18/64 to Recd: 2/26/64 Elbert W. Burr Liber 5505 cp 280 Elbert W. Burr Dated: 3/22/74 to Rec' d: 4/29/74 Joanne M. Wall Liber 7627 cp 570 Joanne M. Wall Dated: 4/'11/88 to Recd: 5/10/88 Joanne Montgomery Burr Liber 10598 cp 496 LAST DEED OF RECORD PREMISES EAST: 1000-010 . 00-04. 00-009 .004 Fishers Island Estates Inc. Dated: 2/18/64 to Recd: 2/26/64 Elbert W. Burr Liber 5505 cp 280 FIDE ITY NATIONAL TITLE INSURANCE COMPANY BY: MARIE PAGE Sworn to before me this 10th day of October, 1997 V)I�aAv Notary 'Public MARGARET VOLLMOELLER Notary Public, State of New York No.01 V05032469 Qualified in Suffolk County J Commission Expires August 29, !r Elbert W. Burr Dated: 3/22/74 to Rec' d: 4/29/74 Joanne M. Wall Liber 7627 cp 570 Joanne M. Wall Dated: 4/11/88 to Rec' d: 5/10/88 Joanne Montgomery Burr Liber 10598 cp 496 LAST DEED OF RECORD PREMISES WEST: 1000-010.00-04 .00-008 . 000 Fishers Island Estates Inc . Dated: 1/10/52 to Recd: 2/8/52 Elbert W. Burr Liber 3319 cp 147 LAST DEED OF RECORD PREMISES RIGHT OF WAYS: 1000-010 . 00-04 .00-013 . 001 Fishers Island Estates Inc . Dated: 1/10/52 to Recd: 2/8/52 Elbert W. Burr Liber 3319 cp 147 Fishers Island Estates Inc. Dated: 2/18/64 to Recd: 2/26/64 Elbert W. Burr Liber 5505 cp 280 Elbert W. Burr Dated: 4/6/89 to Recd: 9/5/89 Elbert W. Burr Liber 10921 cp 587 LAST DEED OF RECORD FIDELI Y NATIONAL TITLE INSURANCE COMPANY BY: MAP IE PAGE Sworn to before me this 10th day of October, 1997 VWJ" Notary Public %IARGARET VOLLMOELLER Notary Puhlic,State of New York Flo.v1\/05032469 Qualified in Suffolk County/9, Commission Expires August 29, — SEP 29 '98 15:52 SOUTHOLD TOWN ACCOUNTING P.3/4 i ZONING HOARD OF APPEALS TOWN OF SOUT€IOLMNEW YORK x ;rl the Matter of the Application of AFFIDAVIT i DAVID C. BURNHAM,II OF MAILINGS. i (Names of Applicants) i Parcel ID#1000_010.08-0,4 00 -007.001 and i COUNTY OF SUFFOLK) STATE OF NEW YORK) I CATHY GRIEGER, COSTELLO residin at 17 Bettina Court, i Hampton Bays ,New York,being duly sworn,depose and say that: On the 5th day of October ,192&,I personally availed at the United €`€ States Post Office in Southampton___,New York,by CERTIFIED MAIL, i R7ETUIRN RECEIPT REQUESTED,a trite copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the(1l Assessors,or �*l wlft { Office L town of Southold , for every property which ofd abuts and is across a public or private street,or vehicular right-of-way of record, r surrounding the applicant's property. Sigsire) f ' Cathy Grieger.Costello Sworn to before ane this 50' day of October ' 19 98 i (Nota,4 Public) STEPHEN L.HAM.111 NIUM No. !ASte New Yef k Quaw in Suftofk Cou Q C� S5i f� July 31 er tlac!ot tullttbers 114WPLEASE list, on the back a� aIs ar t or on a sited of pap , to the owner mantes and addresses for which taotices were mailed Thank you. � f ' i ' ATTACHMENT TO AFFIDAVIT OF MAILING Suffolk County Tax Map No. Assessed Owner and Address 1000-10-3-4.1 Rufus Bradford Burnham III P. O. Box 753 Fishers Island, NY 06390 1000-10-4-7.2 Joanne Montgomery Burr 1000-10-4-9.2 116 Roosevelt Avenue 1000-10-4-9.4 Hasbrouck Heights, NJ 07604 1000-10-4-7.4 Grace Hawkins 1021 N. W. 60th Street Gainsville, FL 32605 1000-10-4-8 Elbert W. Burr 116 Roosevelt Avenue Hasbrouck Heights, NJ 07604 PS Form 3800,April 1995 G Vl [DN N L7m .0 0z UI Er " o ai 6 o CL Q 2 OT Z C C y CD m m `B- O O Q N m �Q w O N N ,� f lip m (D Pd ~' fD m < ® cis• ,—a C ° rU xw m 0 P1 1CD EA D CD o m c�; o rt C 8: 111i C w �4/ r �tr�r m CL LLJ C3 (D C) N rt m o � , ZONING BOARD OF APPEALS ��, tolls.- TOWN OF SOUTROLMNEW YORK __------------------------------x d In the Matter of the Application of AFFIDAVIT ''DAV I l�. C • 19UyZM0M OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land-Identified as 1000- o la•oo 00%043 ------------ --------------x COUNTY OF SUFFOLK)_ STATE OF NEW YORK) I, 'Pkj%t> C. residing at Rak 3'Sg 1 01k%S,TuCV-- )V%WlgI S , New York, being duly sworn, depose and say that: On the < day of �� , 19 , I personally placed the Town's official Poster,with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way-facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearin ate w o to be ) Is (Signature) S rn to bV re me this day , THOMAO F.DOHERTY JR. Notary Public State of New Yark No,4806559 (Notary Public) Dualtfiea in Sutfolk Cou ty Term Expires 12/311 *near the entrance or driveway entrance of my property, as the area most visible to passersby. N/F GRACE HAWKINS I. PIN R/OtiT (SET) p'F S Sp? 4y •Op• F N/F ELBERT W. BURR 24 I. PIN do^� 0 (SET) � 22 VACANT L�1 AREA = 0.51± ACRES 3 Dirt Road 1. PIN p ° 20' e'�7,5, (SET) ° \ a �\ a C / ?p N/F NOTES: VACANT LAND �' ?O 3• s\� ti 6 . JOANNE M. BURR Q AREA = /o �Ss2os'• / w 0.51± ACRES Axc) o •��'� i ?63 \pp' w u'GND. 1 . SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, S' `� utility box LITIILLXTIES / �_ TAX MAP 1000, SECTION 010, BLOCK 4, LOT 7.1 O y o 7s0p p, \ (Opp Dirt Drive & LOT 9.3 A o qp Ri 2. TOTAL AREA: 1 .02± ACRES. SPIKE \ 4 23 3. SITE CONSISTS OF LOTS 21 ,22,23,24,25,79,80 & A RIGHT OF WAY 3 s't I. PIN ON PLAN ENTITLED "PLAN OF PENINSULA AT FISHERS 79 (SET) \ ISLAND OWNED BY CHARLES W. HEDGE & FRANCES G. THORP, SCALE 50FT TO THE INCH, BY: CHANDLER & PALMER ENGRS, NORWICH, CONN. DATE:1913, REVS. ,,��, TO JAN. 29, 1976. I. PIN (SET) C-) N/F N 8800„ w IRON PIPE JOANNE M. BURR (FND.) .c Survey Closing N/F Line S 87°32'35°W 170.17' JOANNE M. BURR DARBIES COVE SURVEY MAP PROPERTY TO BE CONVEYED TO 'Plea A17 e11jbk,) DAVID C. BURNHAM7 L[ & ANNE H . BURNHAM 40 20 0 40 OF GRAPHIC SCALE IN FEET THE PENINSULA �P Pio H s;,y FISHERS ISLAND, NEW YORK CO •; � m .: REVISIONS CHANDLER. PALMER 8c KING .,- DATE DESCRIPTION ' r '" f 0� � O r 71 ri V\ Architecture, Engineering and Surveying GUARANTEED TO: tis �' Oa9g� / 110 BROADWAY NORWICH. CT 06360 860-889-3397 FAX 880-886-7801 F10 to DAVID C. BURNHAM & ANNE H. BURNHAM FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS OF THE NEW YORK STATE LAND TITLE ASSOCIATION. DATE: OCTOBER 6, 1997 TITLE NO. FNT9712636 SCALE: 1" = 40' SHEET 1 OF 1