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Capt Reds Marine Sales
5URVEY OF PROPERTY ECHVE 51TUATE : MATTITUC N O V 14 own K Southold Town TOWN : 5OUTHOLD Planning Board o 5UFfOLK COUN TY P DAYN Y o 0 ��- po SURVEYED 06- 15-2015 - Np PROP . ACTIONS 02- 18-201 G REVISED 06- 1 4-201 G , 08- 1 6-201 6 � 0 0 - � 5UFFOLK COUNTY TAX # 1000 - 122 - 6 - 12 .O 1000 — 122 — 6 — 13 01� 1000 — 122 - 6 — 14 1000 — 122 - 6 — 15 s\</v 1000 — 122 — 6 — 16 �00, ° CERTIFIED T0: O, o� CAPT REDS MARINE SALES INC. �P w NOS N O CPN° \05� y:O 2 -30 / 2 Q 131 CP 0) 0 �O UZ �,� °F p W O; Q � � CP, � 4 7:(;o �°p -o � Z CPQ � O� 0-1 ZONA�' UO > O 0 ° S? o�No��\01 0 �� N GO\ Go\AG. 6� 0 0 8 2A 3 N O � z �2 Qo Ab •� UQ p CA p 6 �OCz CoeCS? 2. 13' o Z P�Q� 0 � � A0 w g 9 -AO-A Q � \z 00 L� 0— 5 s0 y � 5 j 0 2\ 5N5o� (D0 Noo, N U+ O 4 F�K �9 o� N�oN o o�G .O \A0 \q4 \00ME 5775 2 Ab UMMj P FO Q6� 2\ OG p U �" 2 W �0 Q\NG O 02 GPx�x x p GP L oft lL ` P� Q(D \\,1\ GE FO�� �2Q • E GN\M AO-9 O�p p�e\P�� SGPe\�G NOTES: w AO-'5 r_1 MONUMENT FOUND O PIPE FOUND 0 Gj � �G Q� 2 STOCKADE FENCE 1\0) C) PQ, 0 0 -x-X-x-X x x- CHAIN LINK FENCE �' c•€`' ,�� \\ P �P� rJ 00 ' r � O` \ O • Q7 Al 502,)2 f' �� 0 \� GRAPHIC SCALE i "= 30' AND ` OP 0 � o"Unauthorized alteration or addition to a survey �O� o �\ map bearing a licensed land surveyor's seal is a o w violation of section 7209, sub—division 2, of the JOHN C . EHLER5 LAND 5UNV EYO R New York State Education Law." "Only copies from the original of this survey aalG•/ marked with an original of the land surveyor's stamped seal shall be considered to be valid true copies" 6 EAST MAIN 5TREET N .Y.S . LIC . NO . 50202 "Certifications indicated hereon signify that this survey was prepared in accordance with the ex— RIVERHEAD , N .Y. 1 1901 369-8288 Fax 369-8287 isting Code of Practice for Land Surveys adopted by the New York State Association of Professional Land Surveyors. Said certifications shall run only long i5landland5urveyor.com to the person for whom the survey is prepared, and on his behalf to the title company, governmen— tal agency and lending institution listed hereon, and to the assignees of the lending institution. Certifica- 2_ I O7 tions are not transferable to additional institutions Office Location: \\trj%f; SQMailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 C09- Southold,NY 119710 ,, Southold,NY 11971-0959 r' M01)n http://southoldtown.northfork.net E C E � W E BOARD OF APPEALS NOV 14 E TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 Plann ng Board MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 14, 2016 SUBJECT: Request for Comments ZBA# 7014 Captain Red's Marine Sales The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX # ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SITE PLAN _ I Captain 1000- 7014 January Art XI Sec 8/16/16 John C. Red's Marine 122-6-12 5, 2017 280-149, Art Ehlers Land Sales XVIII Sec Surveyor 280-78(I) Your comments are requested 1 week prior to hearing date. Thank you. Encls. =C NO 114 _ SEE SEC.NO tta MATCH 7 —_— LINE c\ $q 4 ++ 161A(c) i T ~ �r ,RW15 r c � r a > as 2 .1>• y �� -ro ''L � � - �• � 34'9 36.4 1 BA 29 1 29 30 31418 AA a 35.t � 1 ` -- - ,��� saj es I nom- Y h ` P �,/mss 0— 1 ]p �- � /ora TO' Sol '� �Neaaeix 40 ry 20.8A / W $ �° a~ 1a , t 69 6.7 O ti 1AA{D7 1 �t G1 59 1 51 BA Pfd l�•'1. �' `, D�p1K � pyS� fi V� FOR PCI_NO SEE SEC NO 176-06016 > ----- Z—_--------------- ---_L — LINE MArCC CH SEE SEC NO 126 OVERLAP CONOMON IN BLOCK 06 BETWEEN 1836 B NOTICE r=te COUNTY OF SUF n O F..D.watk w_— ae mn= _� 11 N SEMEN WlW NhN -NCE.A TER TON.S E OR K yam.Real Property Tax SE P06riON OF rnE `.... Co—y Center Ri—rhoad. — —__ �_,� —.—.-- ..r•.....---,....-- � ..v,r..,_ °uooewr`.�s�ncr:wEH••D �.,,��'ra r:1.re ..y. _ l � y FORM NO. 3 22 TOWN OF SOUTHOLD !C BUILDING DEPARTMENT SOUTHOLD,N.Y. 5autriald Town NOTICE OF DISAPPROVAL Planning Board DATE: September 19, 2016 AMENDED: September 30, 2016 TO: Karen A.Hoeg(Captain Red's Marine Sales) PO Box 9398 Riverhead,NY 11901 Please take notice that your application dated August 25, 2016: For permit to construct a storage building and proposed boat storage/Darking at: Location of property: 9605 Route 25,Mattituck,NY County Tax Map No. 1000- Section 122 Block 6 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed storage building, on this+76 230 s . ft. lot in the Business zone southern onion in Business zone and northern portion in R-40 zone), is not ennitted pursuant to Chapter 280- Bulk Schedule,which requires a front yard setback of 100 feet and a minimum side yard setback of 25 feet. The survey shows the front yard setback at±95.5 feet and a minimum side yard setback of 5 feet. Off-street parking areas are permitted as an accessory use pursuant to 280-78(Z) bV Zoning Board of Appeals approval. In addition, pursuant to Article XXIII, Section 280-127,the proposed uses require:site plan approval from the Southold Town Planning Board. You may now ly to these agencies directly. i A razed gnature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board,ZBA Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIA�NI CE House No. .960.5: Street Main Road Hamlet. Mattituck. SCTM 1000 Section 122 Block 6 Lot(s) 12 Lot Size 76.230 sf Zone B R40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/3o/]5 BASED ON SURVEY/SITE PLAN DATED 8/16/16 Owner(s): Capt Red's Marine Sales Inc.-North Shore Yacht Sales Michael K. Hughes, President Mailing Address: PO Box 528 Mattituck NY 11952 Telephone.- 631-298-2632 Fax:631-298-1315 Email:��1,'Lt NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Karen A. Hoeg, Esq. for fc)Owner( )Other: Address: Twomey, Latham, Shea et al., P. o. Box 9398, Riverhead, NY Telephone .6.31.-72.7-2.1.80 Fax: 631-727-2385 Email:khaea@.su.ffalklaw..com Please check to specify who you wish correspondence to be moiled to,from the above names: ( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 8/16/16 and DENIED AN APPLICATION DATED 8/22/16 FOR: (x)Building Permit 4'r"' . ( )Certificate of Occupancy�J Pre-CertiFcate of Occupancy { )Change of Use ( )Permit for As-Built Construction (X)Other: Boat Parking as accessory use pursuant to 280-78(1) Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of"Zoning Ordinance by numbers.Do not quote the code.) Bulk Schedule; Section 280-78(i) Article: Section: Subsection: Type of Appeal. An Appeal is made for: ( }A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(X)has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 4681 Year(s). 1999 (Please be sure to rayearch before coinplaring this quarion or call our officefor assistance) Name orOwner: �J�-1/ (1%) ZBA Fila ju REASONS FOR APPEAL(Please be specif]r,additional sheets may be used with preparer's signature notarised): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The proposed one story storage building will not be visible from the street and will be 'located in the rear- o€ existing building. Location will be next to commercial structure of adjoining parcel. ?.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,becau= will be for equipment storage.Due to the topography and split zoning there is no other location to add the building. 3.The amount of relief requested is not substantial because: The existing office building is also setback roughly 6.8 feet along the property line on the eastern side of the property. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: only to be used as storage building. All storm water runoff will be retained on site. 5.Has the alleged difficulty been self-created? JX} Yes,or{ 1 No Why: The proposed storage building is necessary for applicant to conduct his business and will allow him to work on boat repairs in shelter. The existing smaller structures will be removed from the site. Are there any Covenants or Restrictions concerning this land? HCl No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agertt (Agent mustsuomirwriuen Authorization from Owner) Sw t b fore me this ds 2 Notiry?n lie APPLICANT'S PROJECT DESCRIPTION APPLICANT: Cap't Red's Marines Sales, Inc. DATE PREPARED: Michael K. Hughes, President 1.For Demolition of Existing Building Areas Please describe areas being removed: Remove 5 old existing sheds as depicted on survey 11.New Construction Areas(Nein Dwelling or New Additions/Extensions): Dimensions of first floor extension: 46 x 120 Metal shell Building Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 18.6 Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor. -g/n -- _ 1.11.-Proposed Construction Description(.-alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations:_ N/A IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,165 sq. ft. Proposed increase of building coverage: Proposed structure 5,520 sq. ft. Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: storage Bui 1 di ng for a a 1 1 trunks,engine and boats V.I..-Please.describe the land contours,(flat,slope%:heavily wooded,:marsh area,etc.)-on your land and how it relates to the difficulty in meeting the code requirement(s): FLAT Please submit S sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4,2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION 14. Is the subject premises listed on the real estate market for sale? Yes x No B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on.the.surveysubmitted with this.application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? NIA Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey.that you are.submitting? .No Please show area.-of the structures.on a diagram if any exist or state none on the above line. F. Do you have any constriction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you.or any co-owner.also.own other lard:adjoining or close to this parcel? Yes If ,yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Rus- s and the proposed use Business . (ex: existing single family,proposed: same with gaZkialu, Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. I. Name of Applicant: Michael K. Hughes 2. Address of Applicant: Po Box 528 Mattituck NY 11952 3. Name of Land Owner(if other than Applicant): captain Red's Marine sales, Inc. 4. Address of Land Owner: Po Box 528 Mattituck NY 11952 5. Description of Proposed Project:—storage Buildinc 6. Location of Property: (road and Tax map number) Main Road 1000-122-6-13 7. Is the parcel within 500 feet of a farm operation? { } Yes {4 No 8. Is this parcel actively farmed? { ) Yes {4 No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS I. _ 3. — 4. 5. 6. (Please u/the of this page if there are additional property owners) Signatur-e-of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) 1, Michael R. Hughes residing at PO Box 526, Mattituck NY 11952 (Print property owner's name) (Mailing Address) do hereby authorize Twomey, Latham, Shea et al. (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. Captain Red's M n Sales, Ing $ e wn s Signature) Michael R. Hughes (Print Owner's Name) AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ne Town ol'Southold's Code of 1�thics Prohibits conflicts of interest on the mar[of town officers and emt:lavices.,'Thr purpose of this farm is to provide information which can alert the lawn of possible conflicts of interest and aflow it to takewhatever action is necessary to avoid same. YOURNAME• Hughes, Michael K. .(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.tfso,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance K Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ` .20 Signature Print Name FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: September 19,2016 AMENDED: September 30, 2016 TO: Karen A. Hoeg(Captain Red's Marine Sales) PO Box 9398 Riverhead,NY 11901 Please take notice that your application dated August 25, 2016: For permit to construct a storage bu'siding and proposed boat storage/parking at: Location of property: 9605 Route 25, Mattituck,NY County Tax Map No. 1000- Section 122 Block 6 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed storage buildinp,on this X76.230 sq. ft, lot in the Business zone{southern portion in Business zone and northem portion in R-40 zone,.is note[e[mitted pursuant to Chapter 280- Bulk Schedule,which requires a front yard setback of 100 feet and a minimum side yard setback of 25 feet. The survq%shows the e_front nrd setback at X95.5 feet and a minimum side^yard setback of 5 feet. Off-street parking areas are permitted as an accessory use pursuant to 280-78(I) by Zoning Board of Appeals approval. In addition, pursuant ie Article XXlll, Section 280-127,the proposed uses-require site plan approval from the Southold Town Planning Board. You may now ]y to these agencies directly. a, I) / A riled gnature Nate to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file,Planning Board,ZBA Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *E-ccepi minor eaempi aciions including Bulldi lt,> Permits and rather ministerial perinits not locale d within the C'oaval Erosion 11a:7ord Arc a. 2_ Before answering the questions in Section C, the preparer of this fonn should review the exempt minor action list policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy,standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. if an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken_ A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.nortltfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM, # 122 - 6 - 12 The Application has been submitted to(check appropriate response): Town Board E] Planning Dept. Ea Building Dept. © Board of Trustees I. Category cif Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g_capital construction,planning activity,agency regulation.land transaction) El (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit,approval, license.certification: Nature and extent of action: 46 x 120 One story storage building Location of action: 9605 Main Road, Mattituck, NY Site acreage: 1.81 Acres Present land use: Boat and Trailer Sales/Storage Present zoning classification: R-40 and B 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant, Michael K. Hughes (b) :Mailing address: P.O. Box 528 Mattituck, NY 11952 (c) Telephone number:Area Code( y (d) Application number,if any: Will the action be directly undertaken,require funding;or approval by a state or federal agency? Yes No❑x if yes, which state or federal ag ic,:'- DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location.and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. EX Yes F] No n Not Applicable To the extent applicable, the proposed building will be located in the B zone adjacent to commercial structures. The building will only be one story an wi 'allow applicant to store boats and equipment. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria E Yes No D Not applicable Attach additional sheets i f necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes P No E Not Applicable To the extent applicable, the proposed building will allow the applicant to store boats and equipment in an orderly way. Attach additional sheets it necessary NATURAL COAST POLICIES Policy, .4. Minimize loss of life, structures, and natural resources from flooding and erosion. See I.WRP Section [11-Policies Pages 8 through 16 for evaluation criteria Yes u No © Not Applicable Attadt additional sheets i f necessan Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section M -Policies Pages 16 through 21 for evaluation criteria 0 Yes E] No E]Not Applicable Attach additional sheets irnecessary _ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. 13 Yes E] No[2 Not Applicable AttaLh additional sheets ifneces�ir,, Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III Policies Pages 32 through 34 for evaluation criteria. M Yes ❑ No Pig Not Applicable Attach ttac additional sheets ifnecessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. El YesEl No [i Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. El YeA0 No U Not Applicable Attach ad-dhicinal sheets it'necesswy WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in Z., suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. E] Yes 1:1 No Fil Not Applicable Attach additional sheets if necessan Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III--Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No❑ Not Applicable :Attach additional sheets ifnecessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. —'Yes ❑ No 1� Not Applicable Attach additional sheets irnecessarr Policy .13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pales 65 through 68 for evaluation criteria. El Yes ❑ No U1 Not Applicable Created on 5125105 11:20 AM 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Capt Reds Marine Sales Inc. Project Location(describe,and attach a location map): 9605 Route 25, Mattituck, New York Brief Description of Proposed Action: Storage Building For Boats and Outboard Engines Name of Applicant or Sponsor: Telephone: 631-921-2125 Michael Hughes E-Mail: Address: PO Box 528 City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2- 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 1.81 acres b.Total acreage to be physically disturbed? 5,5 2 0 s of t* acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 4 approx acres 4. Check all land uses that occur on,adjoining and near the proposed action. o Urban o Rural(non-agriculture) ❑Industrial IX Commercial ❑Residential(suburban) ❑Forest ❑Agriculture 0 Aquatic ❑Other(specify): ❑Parkland *where proposed structure to Page 1 of 4 be located t 8.Does the proposed action include construction or other activities that result in the impoundment of NO YESV water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 1 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: - — X 1 AFFIRM THAT THE INF TION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: f' . ' Date: �jff 1 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning 1 regulations? i 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? i 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause:n increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, f architectural or aesthetic resources? i 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ` waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 5. is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? 9 X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain FNOYES wetlands or other waterbodies regulated by a federal,state or local agency?b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14_ Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 1,;�YES Page 2 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-tern,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORDI The Tyvin of Southold's Code of Ethics nrobibits conflicts of interest on the part of tovvii officers and empin}ees The nurnose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever aedon is necessary to avoid same. YOUR NAME: (Last name,first na;g3j4 i piddle 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.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance ` Trustee Permit _ Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the to office employee owns more than{%of the shares. YES NO 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 applicatit/agent/represetttative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Signature Print Name ! FOM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLIX N. Y. r CERTIFICATE OF OCCUPANCY No. .... ...... Date ................ e.Ptelnber.......2-J....... 19.b.1.. THIS CERTIFIES that the building located at;. f ..; ..��D� .................................... Street Map No.y,-,a. ....7.......... Block No. .... .......... Lot, No. .7,�.............� ti-tbtGkzy--•N•vY............-- conforms subsfontially to the Application for Building Permit heretofore filed in this office dated -- -- - .... e � 19. 61• pursuant to which Building Permit No. �� .7 - dated ....................... ........... 19..6j.., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificat4q is issued is .......... 8isa nes's••buil.dingy............................................. .. ..................................................... . This certificate is issued to ....[)7 i >� �'.S-,' ... :....l�ps�.b �.�.�.,.........../.._ ................................................... (owner, lessee or tenant) of the aforesaid building. r . . .1. .......... ........... ......... Building Inspector i r 1 • t 1 , FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No.Z 5904 . . . . . . Date . . . . . . . . . . . . . . 9 19.7. . THIS CERTIFIES that the building located at . .N/5. .�gin .Road . . . . . . . . . . Street Map No. X=. . . . . . . . Block No. .1= . . . . .Lot No. . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . .Nov- - _ .T . - -, 19. 7�t pursuant to which Building Permit No. 69732 . . dated . . . . . . . . . .NOV. . 7. . . . ., 19. .7.4, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .B?isiness.building. (repair sbop). with. addition . . . . . . . . . . . . . . . . . . The certificate is issued to .Robert L. Bergen . . _ . .C�mer_ . _ . . . . . . _ . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N.•R' UNDERWRITERS CERTIFICATE No. .?x. .152653 April 8 1974 HOUSE NUMBER _ _4705 . . . . . . . Street . . . . . . AAS?. Ra44. _ . . - . . . . . . . . . . . . . . . . . . . Building Inspector TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATEJu1X 20, 1961 Appeal No. 397 Dated June 29, 1961 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Robert L. Bergen h' Main Road Appellant Matt w at a meeting of the Zoning Board of Appeals on Thursday, July 13, 1961 the appeal was considered and the action indicated below was taken-on your ( ) Request for variance due to lock of access to property (X) Request for o special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception VIII801-0 II a (X) be granted ( ) be denied pursuant to Article................ Section ................ Subsection...........�... paragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector (X) be reversed ( )be confirmed becousethe Board finds that this lot was in single and separate ownership at the time of the effective date of the Ordin- ance and the total area is identical at this time. This lot adjoins business property now used by the applicant and the new use will be an extension of the existing use. The Board finds that the public convenience 'and welare and justice will be served and the legally established or pel�rnitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spiYit of -the Ordinance will be observed, therefore it was RESOLVED that (OVER) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or un- necessary hardship because (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the some use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED A� FORM 2M4NING BOARD OFA PEALS Char .an Board of Appeals Judith T. Boken Secretary (Continued from front) The "B" Business District boundary line be extended 50 feet westerly into the property of Robert L. Bergen, north side Main (State) Road, Mattituck, New York. The applicant shall observe the Ordinance requix2merit which specifies a permanent side yard of 14 ft, and a permanent rear yard of 14 ft. must be maintained. 8:00 P.M.' (E_D.S.T.') , upon application of Robert L. Bergen, Main Road, Mattituck, New York,_ for a special exception in ar-cord- ance with the Zoning "Ordinance; Article VIII, Section 801-C, Subsection II (a) , ' for permission to adjust the boundary line into the more. restricted' area. Location- of- property: north- side Route 25, -Mattituck, New York, bounded north by Railroad, -east-.by Tidewater Realty, south by Main lbad, and west by Herman Hubbard. o� Southold Town Board of Appeals � Ql •�yC`i� MAIN ROAD- STATE ROAD 25 SOUTH❑LD. L.1.. N.Y. 11971 TELEPHONE(516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3375 Application -Dated June 13, 1985 (Public Hearing July 18, 1985) T0: [Appellant(s)] Mr. Dale Bergen, President R.L. BERGEN OIL CO., INC. P.O. Box 1406 T Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on July 18, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Specia*,-,ZgLcept an ng Ordinance Article Sect +��'•�`+ [)(y] Request for Variance to the Zoning Ordinance Article VI , Section 100-60 (Article VIII, Section 100-80C2) [ ] Request for Application of R.L. BERGEN CO. INC. for a Variance to the Zoning Ordinance, Article VI, Section - 0-80(C)[21 for permission to erect detached ground sign, the lower edge •of which is proposed to be less than four feet above ground. Premises zoned "C-Light" Indus- trial and identified as 9275 Main Road, Mattituck, NY; County Tax Mao Parcel No. 1000-122-06-12. WHEREAS, a public hearing was held and concluded on July 18, 1985 in the Matter of the Application of ROBERT L. BERGEN OIL, INC. ; WHEREAS, the board members have considered' -,a-11- testimony and documentation entered into the record in this matter, and it is noted for the record that no opposition has been entered by anyone; and WHEREAS, the board members are familiar with the property in question, this and surrounding zoning districts; and WHEREAS, the board made the following findings of fact: 1 . By this application, appellant seeks permission to erect a 6' by 2' on-premises ground sign for the purposes of advertisement for the existing fuel-oil business on this parcel . 2. The subject parcel contains an area of approximately 1 .7 acres with 100± frontage (lot width) along the north side of the Main Road (State Route 25), Mattituck. 3. The premises in question and abutting parcels on the east are zoned "C-Light" Industrial , and adjoining same on the west are premises zoned "A" Residential and Agricultural . 4. The ground sign is proposed to be located five feet from the town sidewalk area near the southerly property line and approximately 24 feet from the easterly side property line marker. 5. It is the board's opinion that the sign is minimal in size and would certainly be more aesthetic and would not have a (CONTINUED ON PAGE TWO) DATED: August 7, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3375 Matter of R.L. BERGEN OIL, INC. Decision Rendered July 18, 1985 commercial advertising effect in the design sketch submitted for consideration. In considering this appeal , the board finds that this proposal : (1 ) will not substantially change the character of this zoning district; (2) will not be adverse to adjoining properties; (3) will not cause a substantial effect of increased population density which may be produced on available governmental facilities; (4) in view of the character of the surrounding areas, the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Sawicki , seconded by Mr. Doug- lass and Mr. Goehringer, it was RESOLVED, that the relief requested in the Matter of the Application of R.L. BERGEN OIL, INC. for permission to erect a 6' by 2' on-premises advertising ground sign, BE AND HEREBY IS GRANTED, SUBJECT TO THE FOLLOWING CONDITION: That the bottom edge of the sign be not less than two feet above ground level . Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen, Grigonis and Sawicki . This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, CM I MAN August 7, 1985 r RECEIVED AND FILED BY THE SOUMOZD TOWN Cl:.;`RK DATE HDUF3 .'vu.Q Town Clerk, Town of Southold s�i.#s i I { L L O 1O LL L E -.. L 4- 0 0 a) o 0 0 G O 0 0 r c� cc � D I S S O O a c. � 1 - O + N U G G f5 3 3 °�' > O, G x m w LL. a - - I�- �tnliACC i r G C a ate- i Qi 0L m APPEALS BOARD MEMBERS �gUfFn #�dti, 0Q Southold Town Hall Gerard R Goehringer, Chairman y� 53095 Main Road James Dinizio,Jr_ (,C n P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins 4i � ZBA Fax (516)765-9064 George Homin ( �' 41 Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 5, 1999 S. E. Appl. No. 4681 — MICHAEL HUGHES/NORTH SHORE YACHT SALES PARCEL 1000-122-6-12 STREET & LOCALITY: 9275 Main Road, Mattituck DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT PROPERTY FACTS DESCRIPTION: The applicant is the owner of property located at the north side of Main Road in Mattituck, which has been used and occupied by the Bergen Oil Company. The property is located approximately 800 feet deep from the Main Road to the Long Island Railroad, and the southerly half is zoned B Business while the northerly half is zoned R-40 Residential_ Applicant has submitted a survey map prepared by Young & Young, Surveyors May 31, 1988 for Dale Bergen, a prior owner. The 1988 survey shows the layout of the property with dimensions and setbacks of the buildings. The principal building consists of approximately 1104 sq. ft., and is situated 59.5 feet from the front line, 6.9 feet from the east side line, 42.1 feet from the west side line. The 1988 survey shows three oil storage tanks and a second building, all of which have been removed, according to applicant's testimony. Applicant submitted a sketch of a map with driveway and parking areas, entrances and exits, fencing and similar details related to this Special Exception use. For record purposes, it is noted that the following Town determinations were issued regarding this property: (a) Certificate of Occupancy No. Z-1157 issued September 20, 1961 to Robert L. Bergen for a business building, referring to Building Permit No. Z1447 dated June 15, 1961; (b) Certificate of Occupancy No. Z-5900 issued May 9, 1974 to Robert L. Bergen for a business building (repair shop) with addition, referring to Building Permit No. 6973Z dated November 7, 1974; (c) ZBA approval rendered July 13, 1961 which extended the 'B' Business District boundary line 50 feet west, and specified a permanent westerly side yard of 14 feet and permanent rear yard of 14 feet. APPLICANT'S REQUEST: Applicant requests a Special Exception to establish a business use consisting of the display, storage, sale and service of boats on the portion of property zoned B-Business. Code Section 100-101B(12) authorizes boat sales, with accessory repair facilities, in the B Zone provided a special Exception is issued by the Board of Appeals. Article XXVI of the Zoning Code sets forth the requirements for issuance of a Special Exception. Page 3- May 5, 1999 ZBA Sp. Exc. #4681 -'Michael Hughes property, running southward from the existing 6-foot fence, to prevent vehicles from exiting over the neighboring property. 3. To the greatest extent possible, larger boats shall be stored and displayed on the easterly portion of the property. 4. To the greatest extent possible, service work on boats shall be conducted on the easterly portion of the property (to keep noise levels down). 5. As required by Section 100-101B(12) of the Zoning Code: A. Entrance and exit driveways shall be arranged so as to avoid necessity of any vehicle backing out onto the Main Road. B. Dismantled boats, and parts and supplies, shall be located within a building. C. Any storage of gasoline or flammable oils in bulk shall be fully underground and at least 35 feet from any property line other than the street line. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Member Horning of Fishers Island was absent-ex his Resolution was duly adopted (4-0). i GERARD P. GOEHRINGER, CHAIRM For Filing 5/7/99 RFCEIm-,. To - i S andard N 1 B T U Form 8002-20n1 -Bargain and Sale Deed,with Covenants against Gramni's Acts—Individual or Cot pmation (single sheet) " CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY i .gyp THIS INDENTURE, made the Q day of March nineteen hundred and 9 9 BETWEEN EIDAL CORP. , with offices at 575 Bungalow Lane, Mattituck, New York. party of the first part, and OA T.RED'S MARINE SALES, INC. , with offices at '605 Bay Shore Road, Greenport, New York. party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable 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 that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING on the northerly side of Main Road to a point 100 feet South 56 degrees 37 minutes West as measured along said northerly line of the Main Road from a concrete monument marking the boundary between land of Eastern Oil Company and the premises herein conveyed; Running thence North 56 degrees 37 minutes East along said northerly line of the Main Road 100 feet to the said concrete monument marking the boundary between land of the Eastern Oil Company and the premises herein conveyed: Running thence along land of the Eastern Oil Company and others, three courses and distances as follows: 1) North 18 degrees 10 minutes West 441. 11 feet to a concrete monument 2) North 19 degrees 43 minutes West 191. 26 feet to a concrete monument 3) North 20 degrees 25 minutes A833 140:,f6VZOT!, a concrete monument marking the southerly line t(:LlOng ts•land Railroad; running thence South 46 degrees 50 il •--•; .West,,v A90 feet along the southerly line of Long Island Rail U(EA4d.f ta, land conveyed to Herman and Thelma Hubbard; Running thence in a southeasterly direction along said land conveyed to Herman and Thelma Hubbard to the point or place of beginning a distance of 799 . 57 feet. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed October 30, 1987 and recorded January 3 , 1990 in Liber 10992 page 411. THIS CONVEYANCE is made with the written consent of the holder of all the outstanding shares of the corporation. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything v he reby 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 consid- eration 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 5o requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: EIDAL CORP . f O+ STATE OF NEW YORK, COUNTY OF S u f f o 1 k SS: STATE OF NEW YORK, COUNTY OF �Sti On the day of M a r c h 19 99 , before me On the day of personally came personally came to me known to be the Individual described in and who to me known to be the individual n, executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and a, executed the sarne. executed the same. STATE OF NEW YORK, COUNTY OF S u f f o 1 k SS: STATE OF NEW YORK, COUNTY OF SS: On the 10 day of March 19 9 9 , before me On the day of 19 before me personally came Eileen B e r en T a l 1{ personally came to me known, who, being by me duRy sworn, 1 c epose and the subscribing witness to the foregoing instrument, with say that he resides at No. i whom I am personally acquainted, who, being by me duly that hip ;s the President sworn, did depose and say that he resides at No. of E i d a l Corp . that he'knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors*of said corpora- execute the same; and that he, said witness, tion, and that he signed IT name thereto by like order. at the same time subscribed h name as witness thereto. ELLEN CLARK Npl/ "Ic,State of New York N0. 4604188 0AIMed In Suffolk County melon Expires January 23, i%rgain and *ttlr Brrh WITH COVENANT AGAINST GRANTOR'S ,ACTS SECTION TITLE NO. BLOCK LOT TO COUNTY OR TOWN Recorded at Request of CHICAGO TITLE INSURANCE COMPANY 1 STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Retum by Mail to Distributed by L �_,Vct F L a 4 S t_tj "41–r�• CH)rCAGO 'Irl'1t' E /E ° `/3 j e -5— INSURANCE COMPANY Zip No. W U LL LL C Z O LU OC LL i O W OC 0 LL LnW U Q Ln _L" r W LU W N W OC SUFFOLK COU14TY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/17/2006 Number of Pages : 3 At: 10 : 29 :44 AM Receipt Number : 06-0100944 TRANSFER TAX NUMBER: 06 - 09566 LIBER: D00012474 PAGE : 353 District: Section: Block: Lot: 1_000 122 . 00 06 . 00 013 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $275, 000 . 00 Received the Following Fees For Above Instrument Exempt Exemp Page/Filing $9 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $75 . 00 NO TP-584 $5 . 00 NO Cert.Copies $0 . 00 NO RPT $30 . 00 NO SCTM Z? NO Transfer tax $1, 100 . 00 NO Comm.Pres $2 , 500 . 00 NO Fees Paid $3 , 749 . 00 TRANSFER TAX NUMBER: 06-09566 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County g Suffolk Count Recordin & Endorsement Page This page forms part of the attached \,-,\ c l _ made by (SPECIFY TYPE OF INSTRUMENT) . k ` The premises herein is situated in t SUFFOLK COUNTY, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) U*ED Number of pages TORRENS t-;':. !J;� i -A Serial # Certificate # Prior Ctf. # Deed Mortgage Tax Stamp =R=ecording Filing Stamps Deed Mortgage Instrument FEES 3 Mortgage Amt. j Page / Filing Fee 1. Basic Tax I Z-- em. ove all Additional 5. 00 2. Additional Tax Handling Numbers Sub Total TP-584 Spec./Assit. Notation LIU y Z, or EA-52 17 (County) Total Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town_Dual County R.P.T.S.A. Held for Appointment Transfer Tax _L/_0�1:1 Comm. of Ed. 5� 00 Mansion Tax Affidavit The property covered by this mortgage Certified Copy — or will be improved by a one or tw family dwelling only. 00 NYS Surcharge 15. — Sub Total YES — or NO Other If NO, see appropriate tax clause on Grand Total page# of this instrument. r) 4 Sec`--0603595712200 0600 o13000 5 Community Preservation Funi 1000 P Consideration Amount $ C�) Real Property T . Tax Service I( PIEAP CPF Tax Due $ �c 0 —U A(rency %-,,17-OCT-06' Verification improved Vacant Land ' Satisfactions/Discharges/Releases List Property Owners Mailing Address TD C 6 RECORD & RETURN TO:. TD Cp L tV TD C) -C� Y c/i �7Title Com 1 7pany Information 77 Co. Name Title# Suffolk County Recordin & Endorsem ent P Age This page forms part of the attached made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILIN( (0 0,diiudio r4 r rs i u rorm 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 3 day of October, 2006 BETWEEN ANGE BOURSIQUOT AND BARBARA BOURSIQUOT, his wife, residing at 66 Frankfort Street, Apt. 3J, New York, New York 10038, party of the first part, and MICHAEL HUGHES AND THERESE MACALUSO n/k/a THERESE HUGHES, his wife, residing at 605 Bayshore Road, Greenport, New York 11944, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--Dollars, and other good and valuable 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 that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (NYS Rte. 25) distant 289.87 feet westerly from the corner formed by the intersection of the westerly side of Factory Avenue (Railroad Avenue) and the northerly side of Main Road (NYS Rte. 25); RUNNING THENCE along the northerly side of Main Road (NYS Rte. 25), South 56 degrees 37 minutes 00 seconds West, 50.00 feet to land now or formerly of Hubbard; THENCE along said land and continuing along lands of Boursiquot and Hubbard, North 18 degrees 38 minutes 00 seconds West, 790.19 feet to the Long Island Rail Road; THENCE along the Long Island Rail Road, North 46 degrees 50 minutes 00 seconds East, 53.15 f;r-t to land now or formerly of Capt. Red's Marine Sales, Inc.; THENCE along said land, South 18 degrees 38 minutes 00 seconds East, 799.53 feet to the northerly side of Main Road (NYS Rte. 25) and the point or place of BEGINNING BEING AND INTENDED TO BE the same premises in deed dated 8/1/81, recorded 8/18/81 in Liber 9054 page 212. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs'or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF CQ An e Boursiq t { Barbara Sbursiquot BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE Stale of NewYork, County of Suffolk, ss: State of New York, County of Suffolk ss: 1-1 On FI-I6—` day of October, in the year 2006. On the day of in the year 200 , before me, the undersigned, personally appeared before me, the undersigned, personally appeared ANGE BOURSIQUOT AND BARBARA BOURSIQUOT personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument- the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) Nota VICTORIA CHARCZUK Notary Public,State of New York No.4850488 Qualified in Suffolk County Commission Expires January 20,20 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia. Territory, or Foreign Country) of County of ss: On the day of in the year 200 , before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in ;insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) rc Notary Public al T( BARGAIN AND SALE DEED SL WITH COVENANT AGAINST GRANTOR'S ACTS SECTION At BLOCK Wk Title No. LOT O 1 3 AN COUNTY OR TOWN �.� �j--i- )r, I C) fhE ANGE BOURSIQUOT AND BARBARA ,or BOURISQUOT, his wife Vill TO 1e MICHAEL HUGHES AND THERESE Recorded at Request of en MACALUSO n/k/a THERESE HUGHES, his wife COMMONWEALTH LAND TITLE INSURANCE COMPAr RETURN BY MAIL Tp: I STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERScl( � I )OV Distributed by ` ��� ` ' r c Commonwealth X PF p, CONII,1 i\�\r:\i iii I AM) fiii C I\sl k i 1� w U LL LL O 0 Z O Cr O U w LL O w 0 D O LL Lu U Q a in Cn x F- w w Lu Lu SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 08/06/2007 Number of Pages : 4 At: 11: 04 :43 AM Receipt Number : 07-0071806 TRANSFER TAX NUMBER: 07-00470 LIBER: D00012516 PAGE : 655 District: Section: Block: Lot: 1000 122 . 00 06 . 00 014 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount : $315, 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 .00 NO EA-STATE $75 . 00 NO TP-584 $5 . 00 NO Cert.Copies $0 . 00 NO RPT $30 . 00 NO SCTM $0 . 00 NO Transfer tax $1, 260 . 00 NO Comm.Pres $3 , 300 . 00 NO Fees Paid $4, 712 . 00 TRANSFER TAX NUMBER: 07-00470 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County L1 2 3 Number of pages TORRENS LNJ i ........... Serial # J; Certificate # Prior Ctf. 9 Deed Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 4 1 FEES Page/Filing Fee Mortgage Amt. Handling 1. Basic Tax TP-584 2. Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assit. Or EA-5217 (State) Spec./Add. R-P.T.S.A. TOT. MTG. TAX zy Dual Town Dual County Comm. of Ed. 500 J%- Held for Apportionment Affidavit Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other YES or NO GRAND TOTAL I-f-N'0' see appropriate tax clause on page # N of this instrument. 5 Real Property Tax Service Agency Verification 6 '-C.'o-'nununity Preservation Fund Dist- Section B lock Lot Consideration Amount 07023650 1000 12200 0600 014000 CPF Tax Due -32, 0 0 t)'-O Stamp 100( T Date R' A• Improved 1-96-AUG LPA LUG -0 Vacant Land Initials 71 Satisfactions/DIJ-,,.1r,v3I1.,vlvabub LASL r-iopeny owners mailing Address TD f1 V RECORD & RETURN TO: TD Paul A. Caminiti, Esq. TD P. 0. Box 846 Southold, NY 11971 8 Title Company Information Co. Name Commonwealth Title# RH07300867 Suffolk County Recording & Endorsement Pacre t7 Ln This page fomes part of the attached Deed A'. made by: (SPECIFY TYPE OF INSTRUMENT) Y. GEKEE WICKHAM The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Township of SOUTHOLD MICHAEL HUGHES AND THERESE HUGHES In the VILLAGE or HATvILET of Ag r"q IV BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. InVFPI BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THiS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the,;.0d day of August, 2007 between GEKEE Y. WICKHAM residing at 28700 Main Road, Cutchogue,NY 11935 party of the first part, and MICHAEL HUGHES and THERESE HUGHES, husband and wife, residing at 9475 Main Road, Mattituck,NY 11952 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York. SEE SCHEDULE `A' ATTACHED HERETO AND MADE A PART HEREOF The grantor herein is the same person as the grantee in Deed dated 10/26/06 recorded 11/02/06 in Liber 12477 page 50. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" 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. C 11 i GEKEE Y. WICKHAM NYSBA Residential Real Estate Forms on HotDocs"'(9/00) Copyright Capsoft*Development STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the x3ii 1 day of August; 2007, before me,the undersigned, personally appeared GEKEE Y. WICKHAM, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. ix_it 16��"� A . did NOTARY PUBLIC BARBARA B.PURCELL NOTARY PUBLIC.State at Now Ywk No,DIPU4690200 Cualifled In Suitulk COLT* DEEB, Cbommisslcn Expims Aprli 20,rZMi Title No. _ Section 122.00 Block 06.00 Lot 014.00 WICKHAM County or Town SUFFOLK To HUGHES Return By Mail To: PAUL A. CAMINITI, ESQ. P. O. BOX 846 SOUTHOLD, NY 11971 Reserve This Space For Use Of Recording Office NYSBA Residential Real Estate Forms on HotDocs"'(9/00) Copyright Capsoft"'Development File No: R fO13`0 661 SCHEDULE A-DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, Suffolk County and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (N.Y.S. Rte 25) distant thle fol'l'6 rg'tw'o` (2) courses and distances as measured along the northerly side of Main Road (N.Y.S. Rte 2'5) from its intersection with the westerly side of Factory Avenue: 1. South 54 degrees 02 minutes 20 seconds Wes', 189.87 feet; 2. South 56 degrees 37 minutes 00 seconds West, 150.00 feet to the point or place of BEGINNING; RUNNING THENCE along the northerly side of Main Road (N.Y.S. Rte 25) South 56 degrees 37 minutes 00 seconds West, 50.00 feet to land now or formerly of Maston; RUNNING THENCE along said lands North 18 degrees 38 minutes 00 second's West., 204.73 feet to land now or formerly of Boursiquot; RUNNING THENCE along said lands North 71 degrees 22 minutes 00 seconds East., 48.35 feet; RUNNING THENCE South 18 degrees 38 minutes 00 seconds East, 192.00 feet to the northerly side of Main Road (N.Y.S. Rte 25) at the point or place of BEGINNING. Legal Description SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/17/2006 Number of Pages : 3 At: 10 :29 :44 AM Receipt Number : 06-0100944 TRANSFER TAX NUMBER : 06 - 09568 LIBER: D00012474 PAGE : 355 District : Section: Block: Lot: 1000 122 . 00 06 . 00 015 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $150, 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $75 . 00 NO TP-584 $5 . 00 NO Ce.rt.Copies $0 . 00 NO RPT $30 . 00 NO SCTM $0 . 00 NO Transfer tax $600 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $749 . 00 TRANSFER TAX NUMBER: 06-09568 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ti Number of pages A, At! TORRENSt", I-; D-='--.? 1. H, 1 Serial # Certificate # :P Prior Ctf. # Deed Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3T— FEES Page /Filing Fee curnent will be public Mortgage Amt. 1. Basic Tax handling 5. 00 Olease remove all 2. Additional Tax umbers Sub Total TP-584 Spec./Assit. Notation �o n--lcording. or EA-52 17 (County) Sub Total Spec. /Add. TOT. MTG. TAX EA,-52217 (State) Dual Town Dual County Held for AppointT,__ Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax tiP 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. YES or NO Ouler Grand Total /f If NO, see appropriate tax clause on -age# of this ins "fnei;L 01� io 4 1 Di�t. 06035970 1000 12200 0600 015000 5 lCommunity Preservation Fund T " P S Real Property j Consideration Amount $ ITO1 000 Tax Service EAP Agency �,l 7-OCT-06,� CPF Tax Due $ Verification Improved Vacant Land 6] Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD & RETURN TO: TD Ll TD 7 Title CompAnv Information Co. Name C[0 2,-t,7—)7 C F_ Title# -- '� ? -C) f7-- Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) 0 1 ti —;"S The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of 'C_u i_ b 0 In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) TOfm .:.cw r--NSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY 7HIS INDENTURE, made the a r Cday of October, 2006 BETWEEN ANGE BOURSIQUOT AND BARBARA IA. BOoURS QUO oa/k/a , k 10038, p BA oAtBOURSIIQUOe first part, IT, his wife, residing at 66 Frankfort Street, p MICHAEL HUGHES, residing at 605 Bayshore Road, Greenport, New York 11944, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--Dollars, and other good and valuable 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 that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly corner of the premises herein described adjoining other land of Junius Hubbard and Barbara Hubbard on the South and land of Herman and Thelman Hubbard on the East, said point also being 192 feet as measured along the boundary line between the premises of the party of the first part and Herman and Thelman Hubbard from a point on the Main Road at the southeasterly corner of the premises of the party of the first part as contained in Deed Liber 4231 at page 572- from said point or place of beginning running in a northerly direction along said land of Herman and Thelman Hubbard, North 18 degrees 38 minutes West, 150 feet to other lands now or formerly of Junius ,and Barbara Hubbard; RUNNING THENCE along other land now or formerly of Junius and Barbara Hubbard, South 71 degrees 22 minutes West, 48.55 feet to land now or formerly of Melvin Matson; RUNNING THENCE along said land of Maston, South 18 degrees 38 minutes East, 150 feet; RUNNING THENCE North 71 degrees 22 minutes East along other land now or formerly of Junius and Barbara Hubbard, 48.35 feet to the point or place of BEGINNING. -�}�THEf;�- 1-1-T ri ht of way 10 feet in width runnin `rom t corner of said premises to the Main Road along the ea o said premises now or formerly of Junius and Barbara Hubbard, for i egress between the premises a ad and the installation of utility Ii gins and equipment. SUBJ o a right of way 10 feet in width along the easterl art of said premises herein scribed for ingress and e re een e premises south of the premises he described north of the premises herein des BEING AND INTENDED TO BE the same premises in deed dated 7/30/75, recorded 7/30/75 in Liber 7882 page 353, and deed dated 10/30/78, recorded 11/9/78 in Liber 8529 page 471. TOGETHER with all right. title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF Ange B rsiquot Barbara A. Boursiqu alk/a arbara Boursiquot f�'deeci i �z(e or rdew York. County of Suffolk, ss: Mate or Ivew 1 UIN, -Q—"y ,,, .,..,..,... On the day of in the year 200 On the day of October. In the year 2006 before me, the undersigned, personally appeared before me, the undersigned. personally appeared ANGE BOURSIQUOT AND BARBARA A BOURSIQUOT A/K/A personally known to me or proved to me on the basis of BARBARA BOURSIQUOT personally known to me at• proved to se on the basis name(s)as (are)subscrbedto the within hin nstrrumenindividual(s) lsand acknowledged to satisfactory evidence to be the ind ( l heir (are) subscribed to the within instrument tan eacknowledged ckn hls!dg h toeir G pacity(ies)e that lsandhtiIat executed h s her their s gnature(s]lhant the me that helshe/they executed the capacity{les',. and that by hslh2rltheir signature(s) 0l'1 the instrument.the Individual(s), or the person upon behalf of which instrument.tate individualts}, or the person upon behalf of which the individual(s) acted, executed the instrument. the individual(s) acted, executed the instrument (signature and office of individual taking acknowledgment) (signature and vflrce of individual taking acknowledgment) Notary Public VICTORIA CHARCZUK Notary Public,State of New York No.4B5043B Qualified in Suffolk County Commission Expires January 20,20� TO BE USED ONLY WHEN THE ACKNOWLEDGMENT 1S MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of ss: On the day of , in the year 200 , before me, the undersigned, personally appeared personally to the i me or proved tot a n the basis omethat heishhe they executed the sance to be the melin his/hertheiwhose r capacity(ies)(a d subscribed to the within instrument and acknowledged that by ijisrherlthelr signature(s) on thea imstru al made such appeasanse�before he rthe uson ndersigned ofwhichthe individual(s) acted, ividua executed the instrument. and that such In (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK Title N . LOT uNo. ! COUNTY OR TOWN ANGE BOURSIQUOT AND BARBARA A. BOURSIQUOT a/k/a BARBARA BOURSIQUOT, his wife Recorded at Request Of TO COMMONWEALTH LAND TITLE INSURANCE COMPANY MICHAEL HUGHES t RETURN BY MAIL 70: t STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by 7 �i � L Commonwealth Z-\,j r� d DF 3r , t W I � 0 rn z WI 0 U LU :S J- 0 W N 0' O U- U-1 U Q 0- N U) H w w LU LU 0 r. + SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tvpe of Instrument: DEEDS/DDD Recorded: 10/17/2006 Number of Pages : 3 At : 10 :29 :44 AM Receipt Number : 06-0100944 TRANSFER TAX NUMBER: 06 -09567 LIBER: D00012474 PAGE : 354 District : Section: Block: Lot: 1.000 122 . 00 06 . 00 016 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount : $165, 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $165 . 00 NO TP-584 $5 . 00 NO Cert.Copies $0 . 00 NO RPT c'•0 . 0 0 NO SCTM $0 . 0 0 NO Transfer tax $660 . 00 NO Comm.Pres $1, 800 . 00 NO Fees Paid $2, 699 . 00 TRANSFER TAX NUMBER: 06-09567 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 71]72 Number of pages P. j; TORRENS Fir-- Senal # Certificate # `54 Prior Ctf. # tt Deed / Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES Page/ Filing Fee aiMent will be public Mortgage Amt. 1. Basic Tax Handling 5, 00 Pleasernmoveall 2. Additional Tax TP-584 1) 1'lty Numbers Sub Total -ording. Spec./Assit. Notation - or EA-52 17 (COLL-Ity) 2 Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00Transfer Tax Affidavit Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. 3UD Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this InsumnWrit. 4 1 Dist. 06035967 1000 12200 0600 016000 5 Community Preservation Fund Real Property �p�Ts Consideration Amount $ Q Tax Service F,.'EAP A. Agency 17-OCT-06/ CPF Tax Due $ Verification Improved Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD TD X TD A` V 7 7 Title Com an Information Co. Name t'c- 7-- Title# 5 - Suffolk County Recordincy & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) -04 k "S The premises herein is situated in L SUFFOLK COUNTY, NEW YORK. TO In the Township of '7- e" In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Star and N B T U Form 8002 -Bargain and Sale Deed with Covenant against Grantor's Acts—Uniform Acknowledgment Fo,'m 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY "i HI1' INDENTURE, made the day of October. 2006 BETWEEN BARBARA BOURSIQUOT, as Devisee under the Estate of Junius Hubbard, deceased 5/13/93, Suffolk County #1163P1993, residing at 66 Frankfort Street, Apt. 3J, New York, New York 10038, party of the first part, and THERESE HUGHES, residing at 605 Bayshore Road, Greenport, New York 11944, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--Dollars, and other good and valuable 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 that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, and acquired by Tax Deed on January 24, 1979, from Jean H. Tuthill, the County Treasurer of Suffolk County, New York, and recorded on January 24, 1979, in Liber 8572 page 540/541, and otherwise known as and by Town of Southold, Sch Dist 9-N Railroad, E-Carl Frelix, S-James Darden, W-Melvin Maston BEING AND INTENDED TO BE the same premises in deed dated 6/23/89, recorded 7/3/89 in Liber 10888 page 116. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written IN PRESENCE OFf= r Lze BaIr ra Boursiquot f'deed I S BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York. County of Suffolk. ss- State of New York, County of Suffolk ss: r ` On the-- day of October, in the year 2006. On the day of in the year 200 , before me, the undersigned, personally appeared before me, the undersigned, personally appeared BARBARA BOURSIQUOT personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/herttheir signature(s) on the instrument, the individual(s), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of which the individual(s) acted. ex_cut�d the instrum.9nt the individual(s) acted, executed the instrument. (signature and office of iVidual`ta rng cknowledgment) (signature and office of individual taking acknowledgment) Notary Public VICTORIA CHARCZUK Notary Public,State of New York No.4850488 Clualffied in Suffolk County // Commission Expires January 0,202-0 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory. or Foreign Country) of County of ss: On the day of . 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