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HomeMy WebLinkAbout1000-70.-4-22 & 23 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 hO��oE SUUjy�lo Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov CA UNTY,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Ot�� Members of the Planning Board Date: January 28, 2020 Re: Request for Comments for Donna Wexler SCTM#1000-70.-4-22 & 23 ZBA#: 7363 The Planning Board has reviewed your request for comments regarding the above- referenced file, and recommends denying the application based on the potential for cumulative impacts to traffic, water quality and water quantity. This recommendation is due to the precedent this would set of granting large area variances for small lots that could affect neighborhoods in many other areas in the Town, from Laurel to East Marion. Setting this precedent is not consistent with the Town's Comprehensive Plan. Both proposed parcels would require substantial area variances. Lot 22 is proposed at 23,205 sq. ft. (a 42% variance) and Lot 23 is proposed at 19,989 sq. ft. (a 50% variance) with a lot width 33% smaller than required. The proposed lots will also likely require building setback variances. The area is also environmentally sensitive due to its location, adjacent to Town Creek (see attached aerial map). The two parcels appear to have merged in 2000. The current owners purchased the property in the merged condition several years later (see the timeline attached). In 2005 the ZBA denied a waiver of merger application by the current owners, and this decision survived an Article 78 challenge. In March, 2017, a building permit for the accessory Southold Town Planning Board Page 12 January 28, 2020 garage on Lot 22 was issued with the written condition that the two parcels be combined prior to a certificate of occupancy. The Town's Comprehensive Plan, which currently consists of several plans including the Local Waterfront Revitalization Plan as well as the Town Code, identifies the Residential-40 Zoning District as having a minimum lot size of 40,000 square feet. Many parcels in the subject neighborhood are pre-existing, non-conforming with regard to the lot dimensions and setbacks in the Town Code. Applying a zoning district with a larger minimum lot size was intentional on the part of the legislative body of the Town, with the intent being to reduce the impacts that come from overly dense development over time. This is the main goal of the merger law that requires that undersize parcels merge when held in the same ownership. Granting substantial area variances to unmerge lots using the rationale that the other lots in the neighborhood are small would undermine the zoning in all the areas where there are smaller lots. There are likely a large number of merged lots in the Town. If the precedent is set by granting this variance, the concern is that many more applications will come in to divide properties using substantial variances, resulting in an increase in the future buildout. Furthermore, an increase in the Town's future buildout will have adverse effects on the Town over time. The adverse effects would include an increase in traffic, and a strain on the water supply, as well as increasing the pollution of our drinking water and bays and creeks by adding more septic systems. Thank you for this opportunity to provide comments, and please feel free to contact the Planning office with any questions. Wexler Proposal Timeline 1972: Calves Neck Subdivision map filed September 1973: CO was issued for the residential dwelling on Lot 23 1996: Lots sold from Benson to Collins(Lot 22) and Benson to Devlin & another(Lot 23) 2000: Lots merged: Lot 22 deed Collins to Devlin & another, the same name as Lot 23 2004: Owner of both tax parcels changed to Devlin N/C April 2005: Notice of Disapproval to Devlin for waiver of merger for Lots 22 & 23 Lots are merged and already a house on Lot 23 June 2005: Parcels sold to Wexler, but remain merged Lot 22 Devlin N/C sold to Wexler & another, Lot 23 sold to Wexler(alone) August 2005: Amended Notice of Disapproval to Wexler—waiver of merger for Lots 22 & 23 Merged and already a house on Lot 23. Seeking house bldg. permit on Lot 22. August 2005: Waiver of Merger Denied by ZBA January 2006: Article 78 challenging the ZBA's decision denied by the court May 2013: Ownership of both parcels changed. Still considered merged by Town Code. April 2015: BP# 39679 for accessory garage and studio on Lot 22 2015: Building Permit Revoked March 2017: Building permit for accessory garage: Requirement for lots to be combined prior to certificate of occupancy. 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S caxc.cum LIL V w TER VALVE •tea-1BDIVISION-MAP OF CALVES NECK"FILED IN THE OFFICE OF °JLAIE - THE CLERK OF SUFFOLK COUNTY ON FEB.15,1972 AS FILE NO.5675. 9 �® 156.00' surer L IN Y HEALTH DEPARTMENT USE wAu 1 s Lot I F "calves Neck" I 1 gT a i 4.1 0 I N Nc SURVEYOR'S CERTIFICATION. "' A• yTooF �y(S� �- TH Z N I rlAS PREP FEREEY GTIFYAGCORDAFYE WITH THENA LE OFTPRAf TI rn Ocic N_ FOR LAND SURVEYS ADOPfID BY THE YORK STATE A5'AGIATION OF PROFESSIONAL LAND VEYORS. L 6r. "Lv 5,7.6, __ v,-Y. I , 00, N qQ 1 Z o+� O a O L x 1 0�}1 HOAMW W YOUN6.N.Y .L5.NO.45MB v hF E C Q W, SURVEY FOR cos s o� c9. ' o� W DONNA WEXLER 7� LOT I, "MAP OF CALVES NECK" c� o^ pb" of Southold,Town of Southold Suffolk County,New York w ^ee%wy 588°5 O"E 100.00' 1 FINAL SURVEY �orygi T M N �� ED GCKEY �K county Tax Map oi.(aa loon s ,. 'l0 04 me 22 sP1xE dU Iy O Qj O FIELD SURVEY COMPLETED OCT.15,2017 4s sl T (S1n O MAP PREPARED OCT.14,2017 °I fll D of REVISIONS DATE Record of Revisions N86°5l'20"�) aEUKK nn MAS NAIL _— —— RECOR Qn 12v•�2' sET AMENDED SANITAR'r -LAN 02.201B s SANITARY MEASUREMENTS AME"D®SANITARY JAN 201E now or formerly A 5 Metws Quollfled Personal now or formerly ° Residence Trust #II . Patrick H. Maloney g 5T 20.5' 52, / Carol Lynn Maloney LPI 50, 45.5' 40 0 20 40 60 LF2 55, 58' a Scale: I"= 40' JOB NO.2017-0194 VAS.2015_OOb4_2OIT_0194_f. I OF I O=MONUMENT SET 0 z MONUMENT FOUND Q=STAKE SET =STAKE FOUND -------------•----------__----• —- (2)2X6 Aca W 3/D•DTEPL -—- i n U Y O N prone: 8:Z8'-10" (631l298•2250 mau: mlcheelQmchdesignservlres.v . _____.________________r____________.-------------------------------- ________.�____�_„_________-_.._ _ D-0 UNFINISHED �A-SEMEIIT/GARAGE P N "STAIR 4 ry uj •................... E C U ________________________ -_____________-_____--__-•______________-__ ----� ---------- DRAWN BY: MF p12"dla � •� x r.2xloAcreC.. PIER ��Lp �P��p'FDErwrp�'F $/20/2017 '---•----------------------•-------------•--- Cvr s Q 1(k SCALE:SEE PLAT LU FOUNDATION SCALE: 3116" = 1'-0" ��� ggoNP� SHEET NO: C 28'-10" N��d M C H 1 phan (631)296-2250 1/2"S.S.CABLE mall: 4X4X8 mlcheal®mcheeslg"seMcas.0 w/5/8"SHACKLE STEEL 3/4"TURNBUCKLE COLUMN STEEL CONNECTIONS AND TIE-INS AS DESIGNED BY NORTHFORK WELDING m (4)2X10 A CQ 5- 8 STEEL BASE 3•-Iny^x 4'-Biy" F6Kal]0011<0AA9 3•-ly"x q•„e-�. GIRDER (3)I-3/014 ML HEADER P 3/8"STEEL PLATE I4)THRUBOLTS �... 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WALL UNDER ROOF PITON OHA ALL UNDER ROOF PITCH CNAN DRAWN BY: Mt 1 \ of NEW 8/20/2017 8'8a II'611 8'-811 � �`E `�p� aa'-io" Q ors h:\* SCALE:SEE PLAT 2ND FLOOR '``=`y` SCALE: 3/16" = I'-O" �FCAR �oNP�z SHEET NO: J 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE 'r SOUTHOLD, NY (j*-'to-I* BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 41436 Date: 3/17/2017 Permission is hereby granted to: Wexler Donna M Revoc Trust 1175 Indian Neck Ln Peconic, NY 11958 To: Lots ust be combined before c/o 70-4-22 and 70-4-23. C nstruction of an accessory gars p ' or p At premises located at: 1275 W Hill Rd., Southold SCTM # 473889 Sec/Block/Lot # 70.4-22 Pursuant to application dated 3/17/2017 and approved by the Building Inspector. To expire on 9/16/2018. Fees: PERMIT RENEWAL $436.40 Total: $436.40 L- Spector --i (n NCD r Q (D Op O `�'a- :r rn N 7 O O .�. -4 ! v 4 _ I r t I O ,� y r SUPREME COUNT=STATE OF NEW y0W"_dA N 1 7 200 l IAS PART XXVT �oq j MESENT: INDEX N , 24231-0$ HON.'MICHAM V. lYI>IJLLEN..; j.&C. DATE: JANUA, ' Y 12,,20.06 --- ------------------------ --- ----------------------- DONNA-WEXLER and.. PETITIONERS' ATTV.- OtRTRUDE E. IGLE$1A.S,' William D. Moore, Esq. 1$1020 Main Road petit Jon, rs, Southold, NY 1197.1 -against- "SPONDIRK*�S ATTYS: Office bf the Town Attotney SOUTHOLD TOWN ZONING BOARD OF Town of Southold , APPEALS, By: Patricia A. Finnegati, Esq. grid Inieran.M. Corcorati, Esq., Respondent. Assistant Town Attoi;ieyg, ------------------- ---------------------------------x PO Box 1179 Southold,NY 1.1071=0959. This is an Article..78 proceeding in which petitioners, Donna Wexler and Gertrude E. Iglesias seek to:ginnlil.a determination of the respondcnt Zoning Board of Appeals of the Town of Southold("ZBA") dated August 18, 2005, which denied their applic4tion for a waiver of the-merger of two adjoining substandard building lots. "Petitioners are the co-owners of a parcel of unimptoyed real property(lot one), located in the Town of Southold. Petitioner Wexler is the sole owner of an ,abutting improved pArcel of land (lot two). The properties, purchased in June 2005, are substandatd non- conforming lots, approximately one-half acre each, located,iii the*R40 zoning district, which requires lots to have a minimum of one acre. The predecessor in title to the lots held both in common beginning in August 2000, thus,'a "merger"was effected,in accordance with the provisions of the Southold Town Zoning Code(see, §100-25 Southold Town Code) In April 2005, petitioners applied for a permit to build on lot one. The application was denied on the grounds that tlic hvo parcels had merged pursuant to § 100-25 of the Town Code. Thereafter, in May 2005, pursuant to§ 100-26, petitioners applied to the respondent ZBA, to have the ZBA recognize the lots as separate properties for zoning purposes, and to waive the merger. t . �0 Section 100-26-A.authorizes the ZBA to waive the effects of a merger and to recognize original lot lines upon finding that: (a) the waiver will not result in a significant increase in the density of the neighborhood; (b) the waiver would recognize a lot that is consistent with the size of lots in that neighborhood; (c) the waiver will avoid economic hardship; and (d) the natural details and character of the contours and slopes of the tot Vvill not be, significantly changed or altered in any manner, and there will not be a substantiaj filling of land affecting nearby environmental or flood areas. At the public hearing on Auly 7, 2005, petitioners' attorney asked the Ooard to Waive th6 r�erger. There yyere no additional comments 4r reports ffered by anyone on petitioner's behalf,nor Was there any scientific or other expert testimony submitted in support. There was however, significant opposition offered by the applicants' neighbors. By decision dated August 18, 2005, respondent denied the application. in doing so, the ZBA,concluded that granting the Waiver would create two oddly shaped substandard lots approximately one-half acre in size, which would be inconsistent with the sue of the lots in the surrounding neighborhood. .Additionally.,the Z$A found that petitioners failed to show the existence of economic hardship, and that the waiver would contribute to increased density in the neighborhood, bringing with it traffic, water and sanitary demands, and other advetse environmental effects According to the petitioners, the unimproved lot was purchased with the intention of building.a home for Iglesias*(Wexler's daughter),_ :e„ next door to Wexler's home. They contend they have inet the statutory requirements, and that the decision denying the waiver is arbitrary and capricious. In platter of Pecoraro v Town of Hempstead et a1,2 NY3d 608, the Court of Appeals again noted what local zoning boards are required to do when considering requests for area variances, and reaffirmed the role of the courts in reviewing those decisions. The Court staed as follows, supra at 613): "...local zoning boards have broad discretion in considering applications for variances and the judicial function in reviewing such decisions is a limited one. Courts may set aside a zoning board detern-iination only where the record reveals that the Board acted illegally or arbitrarily, or abused -2- its discretion, or that it merely succumbed to generalized community pressuie (citations omitted). A determination of a zoning hoard should be sustained on judicial review if it has a ational basis`and is supported by substantial evidence (eitatians omitted)." Based upon the record here,tile-ashen taken by the ZBA was not illegal or arbitrary,but, itistead, had a rational basis and was supported by substantial evidence. Petitioners purchased the property*after it had merged. Tellingly, they did not challenge the denial of the building permit on the grounds the property had not merged., instead they sought a Waiver. In a strilgngly similar case involving this same issue and the swine ZBA captioned inatter of Taggart v Tottora, et al., in June 2004, out colleague, Justice Birierson noted as follows: The petitioner,however, failed to'establish that he would suffer significant economic injury if the waiver were not perMitted.' 'roof that the property could be utilized more profitably.if the waiver were granted.br that the value of the two improved lots would exceed that of the parcel as it currently exists is not sufficient to justify the issuance of a waiver (citations omitted)." The same rationale.applies here. Taggint was recently affirmed by the Appellate Division (2005 NY Slip.Op 9312). Tlie petition is denied; and the procee.diiig dismissed. The foregoing constitutes the decision and judgment of the Court. DATED: HON. MICHAEL F. MULLEN, J.S.C. - 3- Donna Iglesias -- Wexler J, 1175 Hill Road West Southold, New York 11970 (631) 765-9304 cell (631) 838-1000 fax (631) 765-9301 October 4, 2007 Southold Town Zoning Board of Appeals Southold Town Hall PO Box 1179 Southold, NY 11971 Re: Re-Application for Waiver under Section 100-26 of Donna Wexler, Gertrude Iglesias and David T. Devlin i Dear Ladies and Gentlemen: Enclosed please find one original and six sets of information that was not presented at the original hearing 2005, relating to the above referenced matter. ` Please review this matter with open hearts and minds, so that you can advise my mother and me how to proceed with this matter. In advance, we thank the Board for it's time, patience and understanding. 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Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. is5490 . . . . . . Date . . . . . . . . . . . . . . . . . ., 19. q.3 THIS CERTIFIES that the building located at . .Wait -RIU- -Road. . . . . . . . . . Street Map NoCa7,r64. g441<Block No. . . . . . . . . . .Lot No. ? . . . . AC.4tUAW . A4! . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . March . .It. . . ., 19.72 pursuant to which Building Permit No. .5732Z . dated . . . . . . . . . . . .?a.r. . . . . ., I97z ., 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 . . F.rimto.me .ramlly.Oxelliu� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to .Anger.&. Elalm . .BtnsQn. . . . . .4trnars. . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . .Aug . .27 • •1973 • .by. Re.Pilla. . . LINDERWRITERS CERTIFICATE No.X1.1441.0. . . .sept. . 13 . .1973 . . . . . . . . . . . . . . . . . . . . iIUUSE NLIMBER. . .1175 . . . . .Street. . .Ri.U.Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector I 1 CANAL CJa.IS/twA• GO � _., l7Lf)Mf'�lNF1c.�. QfAQQAM, lyoewe r %wartwr ..j W. V• t '1 !rr u/r ao.c.• I • •rrwrw2r.Y.wr..CS z:�'♦' 3 �.! QJOr✓Avid. �, � r; � �$WElf•BLL 120Ap � Ly L11fQJ A. SAC CO ! ♦ a 4 APpf!iEC:i HILL Q,OAD, •W EST ILL oo+ Prr�� St^iUT.�OLD N•Y r I �i LOAD •a ... _- r/�+I r/Aripw t�N�r.N �� G W rl�iu.�q�� '•� 1 ' _ cuXw:w..�%woT -e.'Oe`:3'�'.��w�.e "�°`p.Ti.�/ie"+..:'. "' ��.�7�c' •rc•ir. ] 4r�• .•or./.o i eec la::..:o�• . p 1 OK:rrwl•I I/I//VI/I O ` � �• • . IM11 clOrrfrO � O � L r, V :. --� _, ::•tIx.ter ` � .`� .. '�t J j Q / _ 3 •.e�.,r��./•a �✓n io:�•-e. ..ew � G•4 o.v•c�.'rc 000w. u'p �•. J �� 1 .0 a I . SECri'c.)N ..A-A ••`,. u„ . ��f ♦�LM.bO n �.�f3.'_'''__.. .. i . • �A• gLSti'N::i'I'�'ti�' 1 OLAN of ..EXISTING' tr•a. • Paro � FOUNOATICK • SHOWING' NE W- PROPOSEp OAT f: lid 1r15. •.(:3.R.�T�Sf,1,T--p;LTERA?!G:�f:,- -1v C7Ct S'(1NZi ;.. GVEL:.:UG ALOFU A. SACCO -,;.•":.rr��� ' a nr._ 1t2C�i13�NGE.:':9f MfZ� ACx V�J2 .. �'jE�tS�T�f. .40 CH ITEC t rye�1 - .HiiL fZOa� tann�-lt.�: ���C.•:% b low 4. 1 to-� ,4.-0"_• .N rru:w..•Nrr c-e.a.�•! © 1�OLG f f/.VJO i7 � .M:�-►�•�'� -- '�1 �Jt. cu�rC•eM. now. . ivo I TT- ... ' 1 I rm ue wr•r:w.n •-o.c� •r>e d . . p� tort I !r aw•v o:�cr.on E�•R,AF C'1' .. r ninny co.�:yc.x.) PiED•F2C�!1 m. OPtora ���'(icu •o.i L.a, PR4/.Or J AI"/Nr•µlhpv /.v K L .vncr !•o Gncwp! /V • I pjcerr/ r•t • .� i1ait � fi nr -... I •rr r %K � {�� rMA. 1 ~ LPl ��y �,QGTOQ'tmYxN•lnQr.'cX�! �•6ATn I p _. II �� o... '-I I 'w� �fLSR• .r,r7r_" •>r r Y . . I yr,a<ss 7• --� . is I : !'DINING' -� 9-5c.6a'-a /z y. / ta C•--24.G$-I KITCNF 'd Room5ED CZC)C)M ..o_ I E - -5ti.c'•e-wso�o O •p I y y l9 ]r I w• '?� I�- _W/N/.)6W .C�.vl/VrLf. I • II .A01 lot M^ •'t I I B W-G.4;.0. lnertr.• C/INMIwI ewsp•.e✓'. T=c' a:c n� �o•o _�_ IJ'O.._.._ _e'.O G f'21 'Jo•4.O".rD•o• .,wdrar .r.• TT - D 3o.9=C wo•a{ Amro/cma --- - FL C).C)fL !at-.4 iY dL [QT A.StCCO �I Dille Flo,wfi (�ROPC)Sf(J ALT(P4TlC)N To „EXISTING DWELLING xl 4>�C??(TECT ROAD. - 11CF116 40 d f, i�(. RtnOErlCr of MiZ..v Mac. • 'AGWOQ P�E1VSUf�'. SOYiHOLD. N_7 _ -4 "SbVTM046. N'i< ., i u �O T ci.�i%•r .-rrr IY LAD mu -.- x,: n S?r�HT SIDE - ELEVAT:C,N•. RPA:_ fLEVATION LU7 :LfVATION nt -�}77 rT _ •wr0.+r•Hlr �ral� c.:�,rb.+e.�' 1 1 '�,ri.ri� 1 r Niw G.V.aI" •' 1 rD(TA!L .l)fC?` I I .r � ✓tr.u...1, .(.a _D,11 F&d qir _ T T ALbW., .A. fACCO AAA T+ih M. I ., a r-pp- pac f 0 AL:[;ZA?'CiN ro EX19 INC. (_)WfLJNG Y ' o. tlza Off.OtNCf MR er M". AGNOP- P�fNSO;{ AR :ECT �l 1 .�_. • .. f .HSLI_ jZO_vO_. sournoLa THE NEW YORK BOARD OF FIRE UNDERWRITERS ak BUREAU OF ELECTRICITY 83 JOHN STREET. NEW YORK, NEW YORK 10038 Bata September 13, 1973 4ppl1cQtion No,on file 639766 N � un THIS CERTIMES THAT 4 only the alectricai equipment es described below end introduced by the applicant named on the aboae upplieation number in tha premises of Agnor B. Fleneon, Nest Hill Rd. , e/o Wells Rde. , Southold, L.I. us thefollowing location; U Basement ® Ist V. ❑ Snd Fl. outside Section Bloch Lot &&xw examined on September 10, 1973 and found to be in compliance toil h the requirements of this Board. FIXTURE FIXTUR S RANGES ICDOKFNG DECKS I OWNS DISH WASMERS XHAUST ►ANS OVnms ACit SWITCk" INCAN Ocf xUcxtscWT v AMT. t.W. AMT. V.W. "T. Y.W. AMT. K.W. AMT. N.►. I 35 55 L Al j 27 a 1 1 1.5 1 ti DRYHK FURNACE MOTORS nrruRl MPUANcE famxa HICAIRECTT TLM*CLOCJCS ,Nl UNITNEA?In Mtn11-OUTIIT DUMIERS AMT. K W. OIL H.F. OAS ' H.P. AMT. HO. A TR W.CL AMT. AHI, A/AT, AAVC ANS. "T. %r. N So.. FE aET AMT. WATTS oP SaWta O SCONNKY NO.Or' S 1 R v I C I /9AT, W. Ty" ,aN,. ?XIw 1,'3W 303W 3A'4W �'KI;CC+ND. Cf~WCOND.0. NO.CM FLLI30 co wuG NO.Of N[U1RAl5 OF KVn AI 1 200 CH x 1 3/0 1 3/0 OTHER APPARATUS #Exhaust Fans: 1 fr hp 1-1/ hp *Furnacest nil 2-1/$hp 2-1/4hp i-30&mps. , 1$peoial receptaaleat 1-50amps. Water heater: 1-4.5kw Peter Bogovic, �� GGI' Main Road, Southold, L.I. 11971 l 11 COPY FOR BUILDING DEPARTMENT. IRIS COPY OF CERTIFICATE MIDST NOT B1 ALYERFO IN ANY MANNER. p4� SURVEY OF LO I MAP OF GALVES NECK FILED FEBRUARY 15,Igl2,FILE No.5613 51TUATE:50UTHOLD O�s 0 'W �• E TOWN: 5OUTHOLD 5UF O 1 F LK COUNTY, NY u,,,,.1 i v"��� SURVEYED OS- 05 YN -I ly PROPOSED ACTIONS 05-03-2005 V SUFFOLK COUNTY TAX H �� `� `' �O 0Q6 I000-l0-4-22 CERTvnED TO: DONNA V EXLER `�"C EM,•, i�-� v�/'� CMCAGO MIE INSURANCE COMPANY West HiR Road CWK/NO gyp S88°52'40"E l 6.00' nLi;f.Eu lay e St I y o Fi;.�l'I Ic!,: ,.I 1 �'cetPrr fill —IF _ t e CA - - • O° 4 �. J - K Sys+ ?,^ '�• V ���J Ste'- � - - - •�- - - "�1ti��:L �, Y r �; �;•- 23f 205r�e.�. : 'ssa°s '�o'�E 1oo.00r`` ' 'o r( 1`1e.Vl �1/\,��U lS 4�'�a �.�.- ` .,:.:---• • J%• ",�Gk --.moo 20> �91 N86051'20',W 128. Cr 32'��! � �rowF y rn�rd J �vcfFgClrn.Flvw -orrnerly �,r F.I7VS rsona! Rr' ,fence 1cu ;\► NOTES: MONUMENT FOUND V [[[ TOWN INATFR IN STREET CLEVATIONS REFERENCE NGVD'24 r••� iek - FLOOD ZONES AS ANNOTATED FROM FIRM MAP No.36103C0166 6 MA-•'4,Iggb 1 AR-A= 23,20: 5F.o,0.53 ACRE JOHN C. EHLERS LAND SURVEYOR 11! 6 EAST MAIN STREET N.Y.S.LIC NO 50202 6RAPHIC. 5C.A'-E I"= 30 RIVERHEAD.N.Y 11901 Im 369-8288 Fax 369-8287 REF.\\Cl:unmer\hacl.-up\PROS\05--182d pro SURVEY OF LO*2 MAP OF GALVES NEGK N FILED FEBRUARY 15,1912,FILE No.5673 c SI TUATE:SOUTHOLD w \ ' E TOWN: SOUTHOLD vv ' SUFFOLK GOUNTY, NY SLRVEYED 05-1 1 ♦y^'-2005 ` ` Z b O Vf V~ PROPGSED AGTIGNS 05-18-2005 (////777���1 ��,jAJ� / SL'FFOLK COUNTY TAX n `' _—�./ �'`'�'`-' 1000--10-4-23 CERTWI'rD TD: iL �/l Y\V V 1r� � '• ��O CHICAGO TITLE INSURANCE CONWANY iy n (•(hex(]\�/ y (�West HiR Road 5s, S8 °52'40"E�r f 100.00'1 _ f5600' Test ' ---V�XJ rG/J .tole C/) stAij z ' Ca � :F�'� s i • F�oP°yed u O N8,$°53'40"W r 100.00'/r�� ------------- ckey Greek NOTES: MONUMENI `O'JND AREA - ;gg.bq=F or 0.46 oc^es JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN S'rREE7 NY S LIC.NU.50202 6RAF HIG SGAL= = 30' RIVERHEAD,N Y 11901 J L�-� 369-8288 Fax 369-8287 R m EF.\\Clamcr\backup\PROS\05-182d.pr° i FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Mril 26, 2005 AMENDED August 24, 2005 TO: Gertrude Iglesias &Donna Wexler 1275 West Mill Road Southold,NY 11971 Please take notice that your application dated April 22,2005 For permit for waiver of merger at Location of property 1275 West Mill Road, Southold, NY County Tax Map No. 1000 - Section 70 Block 4 Lot 22 Is returned herewith and disapproved on the following grounds: The sub'ect lot has mer ed with ad'acent lot to the north CTM# 1000-70-4-23pursuant to Article II Section 100-25 which states "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot, which has been held in common ownershiR with the first lot at any time after July 1 1983. An adiacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance. Nonconformin lots shall mere until the total lot size conforms to the current bulk schedu uirements. Authori gnature Cc: file, Z.B.A. APR 29 105 09:29P#UTHOLD SUILDIigG 631 765 951'2 • P.1 ,FORM N0.3 NOTICE OF DISAPPROVAL tD DATE:A ri125 2005 TO. Patricia Moore AdC Devlin 1275 West Mill Road Southold,NY 11971 Please take notice that your apolication dated April 22,2005 For permit for waiver of merger at Location of property 127� West Mill Road Southold NY Cotutty Tax Map No. 1000-,Section 70 Block 4 Lot 22 is fetumed herewith and disapproved on the:following grounds: T-e subject lot has mery,9d with giacent lotto the north (SCTM # 1Q 0-70-4-23),pwsuant to Article U Section 100-25 which states "Meraer. A nonconforming tot shall metre with an mod' ant �o�folming Qr noncorlfo lot- which has been held itt co�ptrtQp owneri�with tt:eIrst lot at any time after)ulv 1 1983 An 4diacent lot is one which abuts with the 2orcel for a common course of fifty(501 feet or more in distance.Nonconforming lots shall meruc until the total lot siz-conforms ills current bulk Schedute requirements ' r Authorized Signature Cc: file,Z.B.A. ' APPLIC*ON TO THE SOUTHOLD TOWN BfWD OF APPEALS DM S �l ' r- For Office Use Only yJ r O B�� Fee: $1 Filed By: Date Assigned/Assignment No. -t+to P e i red Office(Votes: J T House No..1l-'$. Street =Hamlet ,�. .t, Q SCTM 1000 Section---Block—Lot(s) Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED Applicant(s)/Owner(s): ` A MailingAddrress: R � Telephone: ( -�-jn�!9'�,0 Fax#: G 31 -�-_4�r• y3 o k Email: NOTE: In addition to the abore,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: for( ) Owner,or { ) Other: Agent's Address: Telephone Fax#: Email: Please check box to specify who you wish correspondence to be mailed to,from the above trances: J,N Applicant/Owner(s), or ❑Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED h� AN APPLICATION DATED FOR: ❑Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy Change of Use ❑Pe mit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) � `�`� 1l ..y�•i Z� Article Section 280- Snha•t rinr, Type' 1f Appeal. An Appeal is malt for: a �`„t� S 6�%,.r � �� ❑A Variance to the Zoning Code or Zo �Iap. W ning '�- ❑A Variance due to lack of access required by New York Town Law-Section�80-A. ❑Interpretation of the Town Code,Article Section �+�►c fb {Reversal or Other A N_1la qLN t„�IV Lvc,L� A prior appealE�has,,.e'has not been made at ally time with respect to this property.UNDER Appeal No.� Year _, (Please be sure to research before completing this question or call our office for assistance) Name of Owner: � • ZBA File k a REASONS FOR APPEAL additional sheets ma,he used with ioreAgareris si nature t>4- Ci..\\ �Ic� a7�S �rr1v�•� is •a.p L.reast �t g�`�C..o \`° AREA IAN 5.REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because.--T Q.,3��� t"" Ib,w, c6.Q111�1 I.-a-IL. (2) The benefit sought by the applicant CANNOT be achieved by some_method feasible for the applicant to pursue,other than an area variance,because:-ri- �ek Lv► —t�.,t, � G.St`t�o�•i�c. ��o-y.�•�,,_J✓.-T'�.� l o-�- t�,� �t,,,_��� t,�o..o C>.►tL oY�� �c..�C".,� �u� Vv, �-,v`2/]1.._,�1� ,to 9 c.�. "C"`_��""` (3) The amount of relief regtiested is not subgantial`becauseZti ,LA.:_ 5�- C ` 1 (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because:).Q \0-4, �`„ AJLk (5) Has the alleged difficulty been self-created? ( )Yes,or PNo. Are there Covenants and Restrictions concerning this land: *No. ❑Yes (please furnish cop}_). This is the MININ11FINI 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. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent Sworn i) f e me this LPL (Agent must submit written Authorization from Owner) ay of ,20A'L. L Notary Public MELANIE DDROSIO NOTARY PUBLIC,State of Newlibrlt Noed in Suffolk Co Cif/ J Qualified in Suffolk County 'L�1 Commission Expiras September 30, o°I Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE (rf requested For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hwdship relating to the property is uniq e byecquse:tl D- ( � 4' + cR.a� �/�it �s b pG :.la�.� 4d r`a r ✓1 'A- -rpp Gin o ho s— 3. The al ege�hardship does not apply to a substantial portion of the district or ne g rhood because: 4. The request will not alter the essential character of the neighborhood because: �' S) - -*A" 5. The alleged hardship has not been self-created because: loA-, �p pl:� `4-% a \o-4-a -to � �oa,.t a„ ...e,� $ i 59�0,1��9 6. This is the minimum relief necessary, while at the same time preserving and protecting fhe'`-d`q-2-� character of the neighborhood, and the health, safety and welfare of the community. (Please ] explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Slgna ure of Appellant or Author zed Agent Vworn to before methis (Agent must submit Authorization from Owner) 'da of .►ate...., 200-). NIELANIE DOROSKI 1 NOTARY PUBLIC,State of New York No 01D04634870 (Notary Pu Ic) Qualified in Suffolk County ZBA App 9/30!02 Commission Expires September 30,'A 16 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: �9 I'rel�ared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: %, Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): ��to Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: p� Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor):W�-cZ v,q" 9"P� Existing square footage of buildings on your property- Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. 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): Please submit seven (7)photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered Tdj hyard view. 7/2002; 2/2005; 1/2007 �+— QUESTIONNAIRE FOR FILING WnH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? Ayes 0 No B. Are there any proposals to change or alter land contours? ,�No 0 Yes, please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? '\O z 2)Are these areas shown on the map submitted with this application? L 3)Is the property bulkheaded between the wetlands area and the upland building area? 4)If,our property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: t _ and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises'? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? _ If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel and proposed use rQ�o.��—x�� b (exainples: existing: single-family; proposed: same'withC garage or pool,or other description.) --- U l 0 Authorized Signature and ate 2i05; 1i07 TRANSACTIONAL DISCLOSUR&RM " l • APPEABLE TO OWNER, CONTRACT VENDEE AND AG �'�y ENT: ' The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Toy n offi and employees. The purpose of this form is to provide information, which an alert the To vncers of Possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, noddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE,OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *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? "Relationshinwudes by food marria a or business interest. "Business interest" means a business includin a partricrshin in which the Town officer or eranlovec has even a partial owttcrsh of (or ement b a co oration in which the 7'ovvrt officer or em loyee o_wn�norE_than 5% oft r YES NO---- -�. If you answered "YES", complete the halance of this form and date and,sign where indicated Narne of person employed by the Town of Southold: Title or position of that person: —_ Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space prov�ided. The Town officer or employee or his or her,spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); —_ B) the legal or beneficial owner of any interest in a 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 t is_ day of Signature: —' Print Name: — APPEALS BOARD MEMBERS �<1�F SoUI�r� Southold Town Hall Ruth D.Oliva.Chairwoman ,`O <:9 53095 Main Road•P.O. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Vincent Orlando for Office Location: Jaynes Dinizio,Jr. • �O Town Annex/First Floor.North Fork Bank, Michael A.Simon ��,/' 54375 Main Road tat Youngs Avenue) Southold.NY 11971 hitp:/I.-,outholdtown.northfork.net BOARD OF APPEALS RECEIVED .rd TOWN OF SOUTHOLD 177 Tel.(631)765-1809-Fax(631)765-9064 �� y�� FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING OF AUGUST 18,2005 ZBA Ref.No.5722—DONNA WEXLER(Former Owner,DAVID T.DEVLIN) Street&Locality: 1175 and 1275 West Hill Road,Southold County Tax Map ID: 70-4-22 and 23(combined/merger) Zone District: R-40 Low-Density Residential FINDINGS OF FACT PROPERTY FACTSMESCRIPTION: The applicant's property consists of a total land area as combined (together) of approximately 49,900 square feet, identified as 22 and 23 on the Suffolk County Tax Maps, District 1000,Section 70, Block 04. The land is improved with a single-family dwelling situated 120+-feet from the northerly front lot line at West Hill Road and 32+-feet from the easterly side property line, as shown on the February 15, 1972 survey prepared by Roderick VanTuyl & Son. The property is located in the R-40 Low- Density Residential Zone District which requires a minimum lot size of 40,000 square feet. BASIS OF APPLICATION: Article 11, Section 100-26, based on the Building Department's April 26, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 22 and 23 are merged pursuant to Section 100-25,which provision states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (60) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements" RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The easterly portion, referred to herein as 'CTM 22' is proposed to be separated from the westerly portion referred to as 'CTM 23_' Each do not meet the code-required 40,000 square feet in this R-40 Low-Density Residential Zone District and would be nonconforming with an area of 29,900+-square feet for CTM 23 and the remaining 20.000+- sq. ft. for CTM 22. Not only would they be nonconforming in size, but new nonconformities would also be created for the applicant's existing dwelling location (single side yard less than 10 feet and setbacks from the existing rear tot line and bulkhead(ref. 100-239.4E and 100-244). ZONING CODE, SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. Page 2—August 18,2005 • / Appl. No.5722—David Devlin, Donna Wexler CTM 704-23,22 (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. A waiver would result in the creation of a nonconforming lot that is oddly shaped and out of character of the neighborhood. The southerly (rear) dimension is only 40+-feet wide, narrowing down to 25+-feet along the bulkhead and dredged canal. Other lots in the neighborhood consist mainly of 100 ft.rear lot width dimension, and no lots have this type of configuration. 2. A single and separate search was issued April 20, 2005 by Peconic Abstract, Inc.The search shows that the premises (CTM 22 and 23)as merged were owned in the same names,or common ownership and without single and separate ownership since the 9i25/1996 transfer of CTM 23 and 8/1/2000 transfer of CTM 22 to David T. Devlin and Lora S.Collins. 3. The property has been in common ownership with a merged area 50,786 sq. ft. since 8/1/2000 and continuously to the present date. Information was not submitted to show planned intentions to avoid the merger, or to make application to any agency for a dwelling. The merger was intentionally placed when the transfers were formed by common ownership. 4. Information was submitted in behalf of the new owner during the July 7, 2005 hearing that a second home is proposed for her mother at a time when family is needed to be close and for daily medical care. (As of the date of this decision, a special Exception application for an Accessory Apartment in the applicant's existing home was not requested.) 5. Proof was not submitted to show that a waiver will avoid an economic hardship. The town's assessment records show that the current owner in 2005 acquired the land by deeds, noting a sale price of 1.275M (S945,000 and$330,000). 6. The record does not demonstrate proof that there were good faith intentions, since 2000, to separate or maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build a separate dwelling on the vacant lot for over 40 years, until a contract of sale was entered into between David Devlin and Donna Wexler to sell CTM 23 for$330,000. 7. There also was no proof demonstrated to show the value of the property as exists with the merger to support applicant's claim of economic hardship,except for the 2005 real estate transactions. . Page 3—'august 18,2005 • • Appl.No. 5722—David Devlin,Donna Wexler / O CTM 70-4-23, 22 VJ 8. There is no proof demonstrated in the record to show that the westerly portion of the applicant's property was maintained separately for purposes of building a new single-family dwelling. 9. Neighbors testified as to their understanding, that the property was used by the owner of the existing dwelling,and not planned or proposed in the future for a new dwelling or as a separate building lot. 10. The parcels were intentionally merged. Applicant is not obliged to sell to someone with a desire to unmerge the properties. 11. To create additional lots that do not conform to the zoning requirements and that have been merged with adjacent properties for a continuous period of time will result in increased number of dwellings, increased traffic,increased water and sanitary demands, and other related environmental effects. RESOLUTION/ACTION:On motion by Member Simon, seconded by Chairwoman Oliva,it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 70-4-23 from CTM 70-4-22. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando and Simon. Nays: Members Goehringer and Dinizio. This Resolution was a, doled (3-2) &Qwa- RUTH D. OLNI , CHAIRWOMAN 9-14-2005 Approved for Filing iW J1l iVl37 L4.10 90141 IVLJV wlLLI l m rmil.0 on r ur V.] SURVEY OF LOT I — — ---- MAP OF GALVE5 ►IIEGK d�l� "'LEV FE5FWARY 13,1972•FILE No.5673 H SITUATE,5oUT}fOLp TOWN: SOUTHOLD ryy E FFOLIC coUNTYr NY EYEO 05-17-2005 3 SIIFFOLK rO—ry TAX iooa-TO-s-za cmnv=TOI DDNNA MHQ jR CQCAOQ TITIi QiRJRAl1�CDFDA77Y West ffiH Road 156.00' -`"7 r c ea Q � vacorlr. �*yb Lct 7 Loll o I A_` I J� f r A i V 88053'40'f pp. acn ------ N86¢51'20"W 128.32' �Ck.'yLQnC Goelil lMsbls aaliFfsd%NOW Cr Former�/of, ,,Ono, R�sapo�n Tn/sf all.ETAL. Lr 7% _ NOTES, �J ��`=�V�•�•mow AREA �3,191 sF ar 053 oGr¢s ��--"— JOHN C. EHLERS LAND SURVEYOR GRAPHIC.SCALE i-• 3p• 6 EA57 MAIN STREET N.Y.S.LfO.N0.Sp2p2 iW AWER)EAD,TLY.I l9Ol Fay J6�8787 RPP.IIHD K4vC �FX0W5-182.pro West HUI Road p p 1 concrete C" S88°52'40" 1 6.00' ' I jv To .. Mr-Donalc EP Test ' 12:c LP >. Fble Hic PROPOSED(2)8'cp V DEEP LP. O LP � � I O �S OL O 1 r V45. � I ML f Cp '" Proposed _ C vre Ho Yk,Vy \ 1 SW F OQ •`. Flropo5ed15• .JL i I � Public Water % E SW F I , za OAS � � �` � •, _ 1 r M O K- , ` ' \ �: , i r r " IS8805 '40'`E 100"00 - E stone driveway r .0 1 I roti of ever eens- � JOG E L i Z°,t= e� N86051'20"W . . lode _ - 1 � 128.32'0 Land Nova or Formerly OF, Mlebus Ouoiliried Personol ReSidenr-e Trust #II, ET uC. 1 1 rc vn rnroo rrn IVILT vviTL1V vvni I Iivu VIV-'runivi fr- INST 11ONS:http://-wwW.orps.state.ny.us or PHONE(51 473-7222 T� FOR COUNTY.USE ONLY l .SYYIS Code w REOPERTY TRANSFER REPORT . I 1 t I ��� STATE OF NEW PORK .C2.Defe:Dsed Recorded ( / / I STATE BOARD OF REAL PROPERTY SERVICES Day Oe1 year RP - 5277 C3,Book I r I C4.Page I 1 tt►snt a..vfr PROPERTY INFORMATION 1,Property( 1Z75. I West Hill Rd. Loudon aTMR NVam[ StR[1r Naa1[ LSOUthold I Southold 111971 an Town vttAat 2►000t 2.Buyer L Wexler (as to a 99% interest) I Donna Name titer Iwo .,,. rest I"" Iglesias (as to a 1% interest) I Gertrude E. LAST Naa1[r COY/ANY Neark 3.Tee Indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form)I I I Address Last" r o _ rasT rely. I 1 i I 1Rr[T rnwa[n an0 nl•fT N[M[ pry on In," 51-T r•r C-t e.Indicate the number of Assessment toady If Pert of a Parcell Check u they apply. Rob percale transferred on the dead I /I /of Parcels OR a Part of a Parcel ❑ aA.Planning Board with Subdivision Authority Exists S.Dec / IB.Subdivision Approval was Required for Transfer Size I FaoNT 1[R I X OEM I OR I OCR, t/.1� IC,parcel Approved for Subdivision with Map Provided B.Seller FORT t o I D s rl T Name rCOtr^"' ran RANT LUT pew[r cowmy I ' Is161 NAatl 7.:Chsck the•box_balow which most accurately Gaalbea the use of the property at the time of sale: Check the box"below as they apply. S.Ownership Type Is Condominium A One Family Resldendi E Agricultural 1 Commlrnity Service s.New Conetn ction on Vacant Land B 2 or 3 Family Residential F commarcial I Induehrist IML Property Located within an Agricultural-District C Re•WOMW Vacant Land G Apartrnard Public Service 108.Buyer recalvd a diedusum notice indicating n-Ra ❑ D Noldential Vacant Land H Erdenainm•nt/Amuaament L Forest that the property Is in an Agriculture[District SALEWORMATION T L Check one or more of thees condhbm wappliesh"to bander. 11.Sale contras Date 14 /26 / 05 I A Sale Between Relatives or Former Relatives IteMOea r ♦w $ Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Data o/Sale/Transfer I / J!/ / 05 I D Buyer or Seller Is Government Agency or Lending Institution Mason Dar Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less then Fee Interest(Specify Below) 13.Full Sala PriceI 3 3 0 0 0 0 Q 0 1 G Significant Change in Property Between Taxable Status and Sale Data. f ! • H Sale of Business Is Included in Sale Price (Full Sale Price is the total amount paid for the property indudftp personal property. 1 Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or gods•or the assumption of None mortgages or other obligations.) Please round 10 iM rhsanu whole dollar amount, 14.indicate,the value 01 personal I__ 0 0 1 propody Included In the sale • ASSESSMENT INFORMATION-Oats should reRep the latest Final Assessment Roil and Tsx BIII 18.Yet*1Asa•asmam poll from / which Inlorrrndon sell— T7.Total Aassss•d Value(of all psra4 In transfer)I 18.Proparty pass 1r:4�- 1 f-U is.School District Nema I 20.Tax Map Identifix(sl/Roll IdendRer(s)IN more than four,attach sheet with addid—I Identinerlall I 1000=070.00-04.00-022.000 I I � CERTIFKATION 1 mtlfy Ihat42 of the 11141111 of iafortnation entered on this roan are II and correct(to the bat of my knowledge and-bdfep and l understand that the melting Of any wgKul fabc autanent of msterW fact herein will subJect we la the RMAS$ona of the penal law relative to th'e-reeling:end Ming of false Instniments. BUYER BUYER'S ATTORNEY Qi aVRn f1oNaTirRa arr P.M NAM[ 63� I irRER Num. aTIV[T MIY[arTtR Wn a111A 0001 l{1[alreNa NUMafe 1 UtY 3R lawN STATE 2a'COOE \ SELLER NEW YORK STATE COPY i TOWN OF SOUTH LU' PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ' - — - _. -- - FORMER OWNER =i.' - `� N E AC " ?O�OSao4'4 - - � -! • �Su � = 3�Z,a tom, S W YPE OF B DING RES. ;1 ?' . SEAS. VJl .. FARM COMM. CB. MILS, Mkf. Value LAND IMP. i TOTAL DATE REMARKS - C C � `_�C�('? ��� .1'' �,�;C� �•1 L��! , . ' rW�(UL '(� �kC�il;' -l'�� Tillabee I FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowkwnd DEPTH House Plot BULKHEAD I Tota i SCTM # TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB LOT `!'' t ACR. REMARKS TYPE OF BLD. / 7c2- PROP. CLASS LAND IMP TOTAL DATE t ( --p ---- FRONTAGE ON WATER HOUSE/LOT I BULKHEAD TOTAL I 9 `; i-�.:.-••tom -•'`� • •-----+�-- ks, ,�.�� ..'• ix • sue'✓� � \ . qz1 LOR TRIM IL _ ter• .t .''`' fll _ y "- � � , . .•Y! 11, POP 70.-4-22 03/28/2018 Extersion I _ Extension ;--�— Extension Foundation '� �� Both Dinette Porch Basement Floors K. Porch Ext. Walls Interior Finish LR. Breezeway p 11 Fa Fire Place Heat C DR. Garage `,"' u?, "" {ti s-f c",.1 `, Type Roof Rooms l st Floor I BR. - -- -- —- — Patio'^1 Recreation Room Rooms 2nd Floor FIN. B + Dormer Drivewa i f Total .� I 1 1 TOWN OF SOUTHOLD PROPERTY REC®R� ��►tt OWNER _ STREET VILLAGE DIST. , SUB. LOT F0RMER_QWNEi2.-,`-,'f ��.' l/r) N E AC 5 W T BUILDING RES. SEAS. VL. 'FARM COMM. CB. MILS. Mkt. Value , LAND IMP. TOTAL DATE i REMARKS In 7,/' PING(! (A)(?-,x(Lx— 7/1 r Tillable I FRONTAGE ON WATER Woodlamd FRONTAGE ON ROAD Meadlowkxi d DEPTH ' Mouse Plot BULKHEAD Tota I i =r ■■■■r■■■■■■■�■�®■■■■■■■�■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■MEMO IN ■■ ■®■®■■■■ ■■MEMO■ ■■ ■M■N■■■E■■■ ■■■ENE MME■■ ■ ■■EEO■®■E■■ ■■ ■ ■ ■■MMM■MM■■■■ ■ ■■ ■ ■■�N■dNENNENEEEEEE■■M■N Cn■■■■"'■'�■■■■■■■... NONE■ ■■■ NOON :. �■■ Basement K. Interior Finish IFire Place NOON ■� .. :. ■■■ Recreation Room Rooms 2nd .. • C 2 7 Number of pages TORRENS Serial# Certificate# Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 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. y�r�xlfDlJ�A� TOT.MTG.TAX Dual Town Dual County Comm.of Ed. 5 O� °°,� :Y Held for Apportionment Affidavit •�jy� r Transfer Tak Certified Copy "f?%�}yt9� 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 If NO,see appropriate tax clause on page# of this instrument. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section B lock Lot Consideration Amount S Stamp 1000 070.00 04.00 022.000 CPF Tax Due E Date Improved Initials Vacant Land 1 Satisfactions/Dischargcs/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD William Price, Jr. Esq. TD P. 0. Box 2065 Greenport, NY 11944 8 Title Company Information Co.Name Chicago Title Title# 3805-00335 9 Suffolk Count Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) DAVID T. DEVLIN The prernises herein is Situated in SUFFOLK COUNTY,NEW YORK TO In the Township of SOUTHOLD DONNA WEXLER AS TO A 99% INTEREST In the VILLAGE AND GERTRUDE E. IGLESIAS AS TO A 1% INTEREST or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRIMED IN 13LACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) OFFICE 1,00ATION: '1'V 1NN III SOU'1'1•IV � I,rrua;lu,ult:;;:: il n!rvl: 530e5 ROUTE zs NSULIDA'1'LD RE AD PF2UPEF.Z'1 . Y 13I1�J., MON-FRI 8:00 AM TO 4:00 I'M SOUTHOLD,NY 11971-0499 DECENT 1,2004•-NOVEMBER 30,2005-TAXES BECOME A i)RCISMiSL•'lt I,21104 1 63t-765-1803 FAX:631-765-518: SUFFOLk COUNtY TAX MAP NUMBER „ „ IF THE WORD"ARREARS-IS PRINTED HERE SEE . COUNTY TREASURER'S NOTICE j ON REVERSE SIDE. 473889 70.-4-22 610 08 7984 PROPEntYLOCAYION 1275 WEST HILL RD 0.69 316,955,945 2,473,384 ff:JWl1I:j:4:ifj1VT#I WON -Me ITMENIm7 311 1 RES VAC LAND 11111 k,„I fill„1„,11„1111,.,lil Ile 111111111..l.l1111„1gill ''""""'AUTO-5-DIGIT 11971 ;Devlll'in 2/7/04 1,600 1,600 Devlin David T1175 Hill Rd Po sox ions David T& Southold,NY 11971-0931 A1^+� t}� � '},y`�}".;+tt t r ' } - - ASSESSED VALUE • RATIO 100%OF FULL VALL $4 59: 12/19/03 SecOnd� �f' �i 99� Lim 12/AW03- : 1,600 WHSCH 1.49% ofITs: 107,383 : `,, LE VY,%' TAXABLE VALUE TAX AMOUNT TOTAL TAX AMOUNT gSOhjTHO D, GF�00L >Lr +w a n 64.6 5% 1t 600 . 554.790 6.40% 887.66 .. p�;50ti71f b Lf ��}:M ;s fi 215% ufP600 r 1 4i,7, 7.90% 29.47 ` 1111 66.80% • ' • • 917.13 °S` '7V �1�02%�• 8 7: -49.00% 14.04 WIltl ` A.02% • ' • 14.04 f`Grr.;'2{r38°fp` i 1',60IS� 'j1� 3 �7 5.70% 293.63 ` 21.38% • • 293.63 q tir•.+t �-4 � .e q- b,q•m t y _ N`�SyRI=A y�RddtA7�}, 0..28% 1,600• 2.364 26.10% 3.78 ��?NYS iVIX�N� TEDSF�P�N G '�t� 2 30% 1,666 19.724 305.40% 31.56 S0,17Tt o4aF�i lsr � ,�fy,f ,r 4:b6°lo. 1,666 39.126 4.70% 62.60 'f: M THOSLD PA�K DIST '` r t "2 02% ti7 1 6.00 17 3,55, 6.70%• 27.77 WMTE,WA;LER DISTRICT, 0.17%• ,1.} 1 #_'`' 1t6bR %Mq'.'-444 ' ;- 3. 3.50'l0 2.31 SOL WASTE DIST -, 1.48% 1,800 112.662 17.00% 20,26 .�FN�����i?j�1'1N•�.�'•,S'1�"rhw�,:�a•t:C�i...w5`'yA r,{ .I��-,• SECOND HALF 686.54 1 373.08 TOTAL TAX LEVY ,10,2005 DUE0EC.t,20o1.PAYABLEA�TYTOMATIII 2005.SEEAEVEHSE TIiIS TAX MAY BE PAID IN ONE OR TWO INSTALLMEfYT ERSE SIDEkOR'PEN�WSCNEDUL :• SIDE FOH PENALri 5C COUNTY TREASURERS NOTICE. ----- -------.—__-----_...—------------------- ---- SECOND HALF:. SOUTHOLD,TAX LEVY •2004-2005 SUFFOLK COUNTY TAX MAP NUMBER DETACH STUB AND RETURN-WITH SECOND HALF.PAYMENT-RETURN BOTH STUBS 473889 70.-4-22 FOR PAYMENT OFTOTAL*TAX,MAKE CHECK PAYABLE TO GEORGE R.SULLIVAN, RECEIVER.OF•TAXES AND.WRITE BILL'NO.AND TAX MAP NO.ON FACE OF THE CHECK. AMOUNT DUE E31LL w0- PAID BY: i O'ASSESSED .;� OTNER ' 686.54 7984 Devlin David T The following bank branches located within the Town of Southold accept payments during regular business hours: Bridgehampton National Bank, Bank of America, North Fork Bank, Suffolk County National 473889000000070XZ4Z22007984040000000000068654001,373087 :urlt�;l• I,uunrww: '�'UVVI�I Uk :iUL.I'!'11V1�i_J ' � i•� :rtnunrr:,< inlor �sas6 FOUTE 25 CONS0L13]A'_VFD CLL•"AL PR(_)PL•'J:t'1'Y '1'A?C 13JJ-J. nn-rrl-rnl&:uU AM-ru 4:11! SOUTHOLD•NY 11971-0499 DECEMBCR 1.2004-NOVEMBER 00.7005-1•AXFSS BECOME A IJEN AECEMUCI i,zuu4 131-765-1e0a FAX:671-755- IF THE WORO'ARREARS`IS PRINTED HERE=SEE �,T!j COUNTYTREASURER'S NOTICE 473889 70.-4-23 61 ON REVERSE SIDE. 7985 UAM COMBATVET 1 1,035 COUNIY/TOWN 1175 WEST HILL_ RD 0,46 STAR-BASIC 920 SCHOOL 316,955,945 2,473,384 I �� .y 210 1 1 FAMILY RES 1111111111IIII I I I I I I I I I I I I I I It I I II I I I I I I I I I I I IF I II I I1911111111 1 2/7/04 12,200 9,800 """'AUTO"5-DIGIT 11971 ���q•����� Devlin David T �MLU.7ta17JJiIr 1175 Hill Rd PO Box 1025 Devlin David T& Southold,NY 11971-0931 ASSESSED VALUE RATIO 100%OF FULL V First Half 7994 $3i662.76 1211.9103 ''Secortd_1Nalf 7994 $3,662:77 516/04 ' 9,800 w"s�" 1.49% 0FITs: 657,718 L VY7'D PTI N' i LEVY V. TAXABLE VALUE ^ � V V0 TAX AMOUNT TOTAL TAX AMO' SQUTI TOLD SCHOQL 64.17% 8 880 554.790 6.40% 4,926.54 SOUTNy OLD LIBRARY 2. 5"/0 9 800r1 j.�+vr" •:18:41.7 7.90% 180.49 V M` G - s x .re ul in from th New York State chool Tax elief STAR ro ram is $510.,0. r 66.52% e ' • • 5,107.03 ''SU�FI"sK` Ql) Tl' 1 1.0001 i c 8 I65 49.00% 76.90 im 1.00% rD • 7 6.9 0 `1�R%�`"'�3'FyKiSsjg.?1Trv311S!#j n � If t>, L •• :. .:�, l ------ uSOtITHOLDR owNTA7E " 1,�- � 20:95% 8765;,; a1T183.517 1 5.70°% 1.608.53 J� } �,++t 1'- : ;;•�,�21K 11*5 r� + ;� 1 M ?'lY0.ti.'�!;�%r4�i1r•}\1P�`�M'SYi/:a.-.'ri'. t� • .. .. --- 1 r 20.95% o ` o ' AM 1,608.53 NYS',Ri�l P.RP;TAXLAW 0.27°l0 8,765 2.364 26.10% 20.72 `.NYS'MANDATED EXPENSE • 2.25%. 8,765 19.724 305.40% 172.88 "•SOUTHOLD:FIRE DIST- „ 4.99% 9,800 39.126 4.70% 383.43 •`<SOUTHOLD'PARKDIST9,8.O,Of, 17:355 . - 6.70% 170.08 WASTE WATER DISTRICT 0.18% '"' ;9;800'Y "''1.444 3.%% 14.15 , :STHLD'SOL-%NASTE•OIST . 1.62%. 9,800 12.662 -17.00% 124.09 I I — IRSY�HALFjA_j. •;3;838 90 T, SECOND-HALF.TAX 3,838.91 TOTAL TAX LEVY � 7,677.81 .JI..,wfi t. ,. .AY•'.. t '•:%'OUCOeC:-1 2boi PAYABLE'VATHOUTvEN�ITYTO,IAN..10;2005 DUE DEC.t,2004PAYABi.EWIAtCt1TOEHALTYTO.MAYJ1.2a°5:SEEFIEVEF15E THIS TAX MAY BE PAID IN ONE OR TWO INSTALLME SEE REVERSE SIDE FOR PENALTY SCHEDULE.- SIDE'FDR PENALTY SCHEDULE ANO COUNTY TREASURER'S NOTICE. SECOND HALF.-- SOUTHOLD.TAX LEVY •2004-2005 SUFFOLK COUNTY TAX MAP NUMBER DETACH STUB AND RETURN WITH SECOND HALF PAYMENT-RETURN BOTH STUBS 473889 70.-4-23 FOR PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO.GEORGE R.SULLIVAN, RECEIVER OF TAXES•AND WRITE BILL.NO.AND TAX MAP NO.ON FACE OF THE CHECK. nnn0Ur4T r3U1= JB11JL rAo- 3,838.91 7985 PAID BY: ❑ ASSESSED (] OTHER —_ ! Devlin David T The following bank branches,located.within the Town of Southold accept payments during regular business hours Bridpehampton National Bank, Bank of America. North Fork Bank, Suffolk Countv National BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S rrr.Nt �� ACTS(INDIVIDUAL OR CORPORATION) �f3z STANDARD N"TU 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 N day of 2005 between DAVID T.DEVLIN residing at 1175 W.Hill Rd.,Southold,NY 11971 party of the first part,and DONNA WEXLER,residing at 200 Castle Hill Rd.,Cutchogue,NY 11935,as to a 99%interest, and GERTRUDE E.IGLESIAS,residing at 955 Aquaview Ave.,E.Marion,NY 11939 as to a 1% interest party of the second part, WHNESSETH,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 parry 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 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 6/15/04 recorded 7/30/04 in Liber 12334 CP 230 and deed dated 8/l/00 recorded 8/18/00 in Liber 12064 CP 275. TOGETHER with a I I 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 patty 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. DAVID T.DEVLIN NYSBA Residential Real Estate Forms on Hotrbcsm(9100) Copyright Capsoft*Development •t- M 4k • LEGAL DESCRIPTION . 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 KNOWN AND DESIGNATED AS LOT NO. 1 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673 . FOR INFORMATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 022.000 STATE OF NEW YORK 6 S COUNTY OF SUF``FOLK } On the /' day of 2005,before me,the undersigned,personally appeared DAVID T.DEVLIN,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument. NOTARY PUBLIC HERBERT A.FEIGENBAUM NOTARY PUBLIC,state of New York No.UIFE4627993 Oualilieo in Suffolk County Commi'.sion Exo:fes Dec.31,20 DEED Title 1Vg c3���__ �_�__ Section 070.00 Block 04.00 Lot 022.000 DEVLIN County or Town SUFFOLK To WEXLER and IGLESIAS Return By Mail To: WILLIAM PRICE,JR.,ESQ. P.O.BOX 706 GREENPORT,NY 11944 Reserve This Space For Use Of Recording Office NYSBA Residential Real Estate Forms on HolDoesm(9100) Copyright Capsoftm Development •2- Y i �G,D1S f s 7-)' BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) F 3i 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 A� day of June, 2005 between DAVID T.DEVLIN residing at 1175 W.Hill Rd.,Southold,NY 11971 party of the first part,and DONNA WEXLER,residing at 200 Castle Bill Rd.,Cutchogue,NY 11935 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 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 6115104 recorded 7/30/04 in Liber 12334 CP 230 and deed dated 9/25/96 recorded I0/7/96 in Liber 11796 CP 03. 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 MVEAND 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. DAVID T.DEVLIN NYSBA Resid-lial Real Estate Fonns en HatDocs"(9/00) Copyright Capsoft"'Devclopmenl SCHEDULE A DESCRIPTION Policy NO.:3805-00334 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 KNOWN AND DESIGNATED AS LOT NO. 2 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673, BEING MORE PARTICULARLY HOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF WEST HILL ROAD DISTANT 156 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF WEST HILL ROAD AND THE EASTERLY SIDE OF WELLS AVENUE; THENCE SOUTH 88 DEGREES 52 MINUTES 40 SECONDS EAST ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD 100 FEET TO A POINT; THENCE SOUTH 0 DEGREES 46 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE NORTH 88 DEGREES 53 MINUTES 40 SECONDS WEST 100 FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 00 SECONDS WEST 200 FEET TO THE SOUTHERLY SIDE OF WEST HILL ROAD, THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 023.000 PLEGAL STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the% day of June,2005,before me,the undersigned,personally appeared DAVID T.DEVLIN, 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 HERBERT A.FEIGENBAUM NOTARY PUCtIC.SIA,of New York 0MIT ed InfSu/talk CC 01Y CommrS;nn E.oires o".3,u 20 6 DEED Title No. 290-r ay33Y Section 070.00 Block 04.00 Lot 023.000 DEVLIN County or Town SUFFOLK To WEXLER Return By Mail To: WILLIAM PRICE,JR.,ESQ. P.O.BOX 706 GREENPORT,NY 11944 Reserve This Space For Use Of Recording Office NYSBA Residential Real Estate Forms on HotDocs"(9l00) Copyright Capsofeo Development n. TP-584 , 1/04) Recording office time stamp New York Stale Department of Taxation and Finance Combined Real Estate (� J Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1,Instructions for Form TP-584,before completing this lam.Please print or We. Schedule A--Information relating to conveyance Granlor[Transferor Name(irmdividuar,last first middle indial) Social security number EXIndividual Devlin, David T. 144 122 1 4735 ❑Corporation Mailing address Social security number ❑Partnership 1175 W. Hill Rd. ❑Estalerrrust City State ZIP code Federal employer ident,number C1 ofnet Southold NY 11971 Grantee/rransferee Name(itindmduat test,arsr,awdekMial) Social security number 12Individual Wexler, Donna (as to a 99Z interest) 200 EOtle: Hill Rd., 071 36 7466 ❑corporation Mailing address Social security number ❑Partnership Cutthltuey.N>tt.:11985ua111H Tgleadel3) Gertrude E. (as to a 12 /.3F /6 4ra83 ❑Eslate/Trusi city Stale ZIP code Federal employer idenl.number [] ar interest) 955 Aquaview Ave., E. Marion, NY 11939 Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot Distr et 10 0 070.0 04.0 022. )00 1275 West Hill Rd. Southold Southold Suffolk Type of property conveyed(check applicable bar) 1 ❑One-Io three-family Clouse 5 ❑Commercial/Industrial Dale of conveyance Percentage of real property 2 ❑Residential cooperative 6 ❑Apartment building conveyed which is residential 3 El Residential condominium 7 ❑Offlce building O5 real property 100 % 4 ®Vacant land 8 ❑Other a O"s °w (see instructions) Condition of conveyance(check all that apply) a.P1 Conveyance of fee interest f.❑Conveyance which consists of a I.❑Option assignment or surrender more change of identify or form of ownership or organization(ansch b. ❑Acquisition of a controlling interest(state Form TP-584.1.Schedule F) m.❑Leasehold assignment or surrender percentage acquired %) g.❑Conveyance for which credit for lax n.❑Leasehold grant c- ❑Transfer of a controlling interest(slate previously paid will be claimed(attach Form TP-584 1.Schadule G) percentage transferred %) o.❑Conveyance of an easement h.❑Conveyance of cooperative apartment(s) d.❑Conveyance to cooperative housing p.❑Conveyance for which exemption corporation i.❑Syndication from transfer tax claimed(complete Schedule B,Part ill) e. ❑Conveyance pursuant to or in lieu of j.❑Conveyance of air rights or q,0 Conveyance of property partly within foreclosure or enforcement of security development rights and partly outside the state interest(attach Form TP-584.r,Schedule E) k.❑Contract assignment r.❑Other(describe) For recording officer's use Amount received Date recerved Transaction number Schedule B..Part 1 S Schedule B.,Part a $ Page 2 01 4 TP-584(11/04) Schedule f3—Real estate transfer tax return(Tax Law,Article 31) Part 1-Computation of tax due 1 Enter amount of consideration for the conveyance(it you are claiming a total exemption from tax,check the exemption clamed box,enter consideration and proceed 10 Part rrf) ............................ Exemption claimed 1. 330,000. 00 2 Continuing lien deduction(see instructions if properly is taken subjecr to mortgage or lien) ...................................... 2. - 0 - , 3 Taxable consideration(subtract fine 2 from line 1) ............................................................................................... 3. 330,000. 0 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3...........................„......................... 4. 1,320. 00 5 Amount of credit claimed(see instructions and attach Form TP-584.1,Scheduie G) ............................„.................. 5. - 0 6 Total lax due'(subtract line 5 from line 4) ............ ................... 6. ,SLu. Part 11-Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance(from Part 1,line 1) ..................................................................... 1, 2 Taxable consideration(multiply Eno 1 by the percentage of the premises which is rasiden,hal real property,as shown in Schedule A) .... 2. (m 3 Total additional transfer tax due' uttipty line 2 by 1%(.01)) .............................................................................. 1 3. Part III-Explanation of exemption claimed on Part f,line 1 (check any boxes that app)y) The conveyance of real property is exempt from the real estate transfer lax lot the following reason: a. Conveyance Is to the United Nations,the United States of America,the slate of New York,or any of their instrumentalities, agencies,or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or El withanother state or Canada) ......................................................................„...............„.....„....................... b. Conveyance is to secure a debt or other obligation........................................................................................................................... to ❑ c. Conveyance is without additional consideration to confirm,correct,modify,or supplement a prior conveyance............................. c ❑ d. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying realtyas bona fido gilts........................................................................................,............................................................................ d ❑ e. Conveyance is given in connection with a tax sale............................................................................................................................ is ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F................................................................... I ❑ g. Conveyance consists of deed of partition.......................................................................................................................................... g ❑ h. Conveyance is given pursuant to the federal Bankruptcy Act...............................................................„........................................... h ❑ L Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or the granting of an option to purchase real property,without the use or occupancy of such property.............................................„ i ❑ j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperativeapartment................................................................................................................................... k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,section 1401(a)(attach documents supportingsuch claim) ...................................................................................................................................................................... k ❑ I. Other(attach explanation) .................................................................................................................................................................. I ❑ 'Please make check(s)payable to the county clerk where the recording is to take place.If the recording is to take place in New York City,make check(s)payable to the NYC Department of Finance.If a recording is not required,send this return and your check(s)made payable to the NYS Department ofTaxaf/on and Finance,directly to the NYS Tax Department,RETT Return Processing,PO Box 5045, Albany NY 12205-5045 Page 3 of 4 TP-584(11/04) Schedule C—Credit Line Mortgage Certificate(Tax Law,Article 11) Complete the following only if the interest being transferred is a fee simple interest. �a I(we)certify that:(check the appropriate box) 1.® The real property being sold or transferred Is not subject to an outstanding credit line mortgage. 2-❑ The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant,a tenant in common or otherwise)immediately before the transfer. ❑The transfer of real property is(A)to a person or persons related by blood,marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50%or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee,or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000,000 or more,and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. ❑Other(attach detailed explanation). 3. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage.However,no tax is due for the following reason: ❑A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is ,No exemption from tax is claimed and the tax of is being paid herewith.(Make check payable to county clerk where deed will be recorded or,if the recording is to take place in New York City,make check payable to the NYC Deparimenf of Finance.) Signature(both the grantor(s)and grantee(s)must sign) The undersigned certify that the above Information contained in schedules A,B,and C,including any return,certification,schedule,or attachment,is to the best of hislher knowledge,true and complete. GnFor spnoture nno Ganloa s�gnaro a Title David T. Devlin lion Wexler I Grantor slpnaNre ll Ile :antee�ui',%,�dt'. TaleGertrude E. gReminder:Did you complete all of the required information in Schedules A,B,and C?Are yo complete Schedule D?If you checked e,f,or g in Schedule A,did you complete Form TP-564.1?Have you attached your ce payable to the county clerk where recording will take place or,if the recording Is in New York City,to the NYC Department of Finance?If no recording is required,send your check(s),made payable to the Department ofTaxatlon and Finance,directly to the NYS Tax Department,RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 4 o1 4 TP-584(11/04) Schedule D-Certification o1 exemption from the payment of estimated personal Income tax(Tax Law,Article 22, section 663) Complete the following only If a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. (e"1 Part I-New York State residents It you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-584(or an attachment to Form TP-584),you must sign the certification below.If one or more transferors/sellers of the real property or cooperative unit Is a resident of New York State,each resident transferor/seller must sign in the space provided.II more space Is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodato all resident transferors/sellers. Certification of resident transferor(sysellor(s) J This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferors)/seller(s)as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law,section 663(a)upon the sale or transfer of this real property or cooperative unit. 55 ,e Print fur rune Dale Signature Print lull name Dale signature Print full name Date Signature Print lull nama Dale Note:A resident of New York State may still be required to pay estimated tax under Tax law,section 685(c),but not as a condition of recording a deed. Part II•Nonresidents of New York State 11 you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584)but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law,section 663(c),check the tax of the appropriate exemption below.If any one of the exemptions below applies to the transferors)/seller(s),that transferor(s)%seller(s)is not required to pay estimated personal income tax to New York State under Tax Law,section 663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided.If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodale all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT-2663,Nonresident Real Property Estimated Income Tax Payment Form,or Form IT-2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form.For more information,see Payment of estimated porsonal Income tax,on page 1 of Form TP-584-1. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the lime of the sale or transfer of the real property or cooperative unit,the transferors)/seller(s)(grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: ❑The real property or cooperative unit being sold or transferred qualifies in total as the transieror's/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from to- (see instructions). Dale Date ❑The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. ❑The transferor or transferee Is an agency or authority of the United States of America,an agency or authority of the state of New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association,or a private mortgage insurance company. Signature Print full name Date Signature Print lull name Date Signature Print full name Data Signature Print lull name Data � i TP-584(11/04) / / Recording office time stamp �jNew York Slate Department of Taxation antl Finance / Combined Real Estate ��� Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1,Instructions for Form TP-584,before completing this form.Please print or type. Schedule A—information relating to conveyance GrantorMansferor Namefdbttbrldu>r;lag ft4mddleiniffal) Social security number 13 Individual Devlin, David T. 144 122 1 4735 ❑Corporation Mailing address Social security number ❑Partnership 1175 W. Hill Rd., P. 0. Box 1025 ❑Eslate/Trust Clry State ZIP code Federal employer Ident number ❑other Southold NY 11935 Granteefrransferee Name 611ndvidual..fast,hrsl,Mddle irOW) social SaCUriry number C�Individual Wexler, Donna 071 jJ6 1 7466 ❑Corporation mailing address Social security number ❑Partnership 200 Castle Hill Rd. ❑Estaterrmst City State Z1P code Federal employer idenl.number ci_qme, Cutchogue NY 11935 Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot Distr ct 10 0 070.0 04.0 023. 00 1175 West Hill Road Southold Southold Suffolk Type of property conveyed(check applicable box) 1 El One-to Three-family house 5 ❑Comm ercialtindustrial Date of conveyance Percentage of real property 2 ❑ Residential cooperative 6 ❑Apartment building conveyed which is residential 3 ❑Residential condominium 7 ❑Office building 6 6 05 real property 100 0� 4 ❑Vacant land a El Other Other "� (see instructions) Condition of conveyance(check all that apply) a.®Conveyance of fee interest f.❑Conveyance which consists of a I.❑Option assignment or surrender mere change of identify or form of ownership or organization(atach b. ❑Acquisition of a controlling interest(stale Form TP-504.1,Schedule F) in.❑Leasehold assignment or surrender percentage acquired %) g.❑Conveyance for which credit for lax n.❑Leasehold grant c ❑Transfer of a controlling interest(state previously paid will be claimed(attach Form TP-554.1.Schedule GJ percentage transferred %) o.❑Conveyance of an easement h.❑Conveyance of cooperative apartmenl(s) d. ❑ Conveyance to cooperative housing p.❑Conveyance for which exemption corocratlon L❑Syndication from transfer lax claimed(complete Schedule 8,Part 11l) e. ❑Conveyance pursuant to or in lieu of j.❑Conveyance of air rights or q.❑Conveyance property vey of p p ty partly within foreclosure or enforcement of security development rights and parity outside the stale interest(attach Form TP-584.r,Schedule E) k-❑Contract assignment r.❑Other(descnou) For recording officers use Amount received Date received Transaction number Scltedule D..Pat I S Schedule B..Part II S Page 2 of 4 TP-5B4(11/04) Schedule B—Real estate transfer tax return(Tax Law,Aticle 31) Part 1—Computation of tax due 1 Enter amount of consideration for the conveyance(If you are claiming a total exemption from tax,check the exemption claimed box,enter considerat on and proceed to Part 111) ............................ Exemption claimed 1. 445,000. 00 2 Continuing lien deduction see instructions it a is taken s ect to mortgage orfien — 9 ( lip rtY �) )....................................... 2. 3 Taxable consideration(subtract line 2 from line 1) ...._....._...._................................................................................ 00 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3...................................................... 00 5 Amount of credit claimed(see instructions and attach Form TP-584.1,Schedule G) ................................................ 5.1 — 0 — 6 Total tax due'(subtract fine 5 trom line 4) .........................................................._ ...... 6.r 3,780. 00 Part 11—Computation of additional lax due on the conveyance of residential real property lot$1 million or more _ 1 Enter amount of consideration for conveyance(from Part 1,line 1) ..................................................................... 1. 2 Taxable consideration(muRroN line f by the percenlage of the preen ses which is residential real properly,as shown in Schedule A}.... 2. 3 Total additional transfer tax due'(multiply fine 2by 1%(.01)) .............................................................................. 3. Parl III—Explanation of exemption claimed on Part 1,line t (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America,the state of New York,or any of their instrumentalities, agencies,or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or ❑ compact with another state or Canada)........................................................_................................................................................ a b. Conveyance is to secure a debt or other obligation..................................•_.............._........................... ........................................... b ❑ c. Conveyance is without additional consideration to confirm,correct,modify,or supplement a prior conveyance............................ c ❑ d. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying reallyas bona fide gifts................................................................_...............---......_.......................................... ................................ d ❑ e. Conveyance is given in connection with a lax sale............................................................................................................................ e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there Is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F.................................................................. I ❑ g. Conveyance consists of deed of partition.......................................................................................................................................... g ❑ h. Conveyance is given pursuant to the federal Bankruptcy Act................................................................................................. h ❑ Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or the granting of an option to purchase feel property,without the use or occupancy of such property............................................... f ❑ j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantors personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperativeapartment.. ................................................. .. ... ................................................................................................... I k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,section 1401(a)(aflach documents svppon,nc such Ca;m) ..................................................................._.................................................................................................... k ❑ I. Other(attach explanation) ............................................................................................................................................................_..._. I ❑ 'Please make check(s)payable to the county clerk where the recording is to take place.If the recording is to take place in New York City,make check(s)payable to the NYC Department of Finance.If a recording is not required,send this return and your check(s)made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department,RETT Return Processing,PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TP-584(11104) Schedule C—Credit Line Mortgage Certificate(Tax Law,Article 11) Complete the following only if the interest being transferred is a fee simple interest. I(we)certify that:(check the appropriate box) �pt��S I. ® The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: ❑The transfer of real property is a transfer of a tee simple interest to a person or persons who held a lee simple interest in the real property(whether as a joint tenant,a tenant in common or otherwise)immediately before the transfer. ❑The transfer of real property is(A)to a person or persons related by blood,marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50%or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑The transfer of real properly is a transfer to a trustee in bankruptcy,a receiver,assignee,or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000.000 or more,and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. ❑Other(attach detailed explanation). 3. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage.However,no tax is due for the following reason. ❑A certifiral.of discharge of the credit line mortgage is being offered at the time of recording the deed, ❑A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. L_j The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is .No exemption from fax is claimed and the tax of is being paid herewith.(Make check payable to county clerk where deed will be recorded or,if the recording is to take place in New York City,make check payable to the NYC Department of Finance.) Signature(both the grantors)and grantees)must sign) The undersigned certify that the above information contained in schedules A.B.and C,including any return,certification,schedule,or al achmenl,is to the best of his/her knowledge,true and complete. tt David ,er Ueene Title Grantoea prur e( 7�:e Donna Wexler Granlorsgnature Title Grantee signature Tate Reminder:Did you complete all of the required information in Schedules A,B.and C?Are you required to complete Schedule D?If you checked e,1,or g in Schedule A,did you complete Form TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place or,if the recording is in New York City,to the NYC Department of Finance?If no recording is required,send your check(s),made payable to the Department of Taxation and Finance,directly to the NYS Tax Department,RETT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 4 of 4 TP-584(11104) Schedule D-Certification of exemption from the paymant of estimated personal income tax(Tax Law,Article 22, section E63) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an Individual or estate or trust. V Part I-New York Slate residents If you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-584(or an attachment to Form TP-584),you must sign the certification below,If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided.If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(syseller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferors)/seller(s)as signed below was a resident of New York Slate,and therefore is not required to pay estimated personal income tax under Tax Law,section 663(a)upon the sale or transfer of[his real property or cooperative unit. Prinl full nam Data Signature Print full name Dale Signature Print full name Data Signature Print full name Date -71 Note:A resident of New York Slate may still be required to pay estimated lax under Tax Law,section 685(c),but not as a condition of recording a deed. Part 1]-Nonresidents of New York Slate If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584)but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law,section 663(c),check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferors)/seller(s),that transieror(s)/seller(s)is not required to pay estimated personal income tax to New York State under Tax Law,section 663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided.If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. It none of these exemption statements apply,you must complete Form IT-2663,Nonresident Real Property Estimated Income Tax Payment Form,or Form IT-2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form.For more information,see Payment of estimated personal income tax,on page 1 of Form TP-584-1. Exemption for nonresident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)(grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: ❑The real property or cooperative unit being sold or transferred qualifies in total as the transferor'slseller's principal residence (within the meaning of Internal Revenue Code,section 121)from to (see instructions). 0.19 Dale ❑The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. ❑The transferor or transferee is an agency or authority of the United States of America,an agency or authority of the state of New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association,or a private mortgage insurance company. Signature Print full name Dula Signature Print full name Data Signature Print full name Dale Signature Print full name Dale Peconic Bay Region Community Preservation Fund Flew,Prins or rvpe. Schedule A—Information Relating to Conveyance GMNrop. Nune(nJ; Jal;r.,n.fine.—W,Wdaq Sono Security Number M'Individual Devlin,David T. _ 144 1 22 4735 O Corporation Muhng addrsss Seeid Seeunty Number ❑Partnership 1175 W.Hill Rd. Q Other Cdy Stcte ZIP code Federal employer ideni.number _ Southold NY 11971 GRANTEE Nmne(;ndiv;Jud:tern,fry,mtrlde fdriul) Social Security Number ® individual Weiler,Donna as to a 99Z interest, 200 Castle Hill Rd., 071 1 36 7466 O Corporation Muting oddrus Socrsl Sccunty Number O Partnership -Cutchogue, NY 11935 and I lesias Gertrude E. as to Z3f 11-6 1 1e`,2$.3 O Other 61y Sure ZIP code Fekcal employer idcnr.number Location and descrnpdon o(property conveyed Tax map designation Address Village Town Dist Section Block Lot 1000 070.00 04.00 022.000 1275 West Hill Road, Southold Southold Type of property conveyed(check applicable box) k' Improved Date of Conveyance Dual Towns: I^ 10 Vacant Land ' 1 V i 05 .CWH DAY Yea. a.V Conveyance of fee interest f.- Conveyance which consists of a mere m.-Leasehold assignment or surrender b,-Acquisition of it controlling interest(store change of identity or form of ownership or n,- Lemehold grant percentage acquired %) organization o.-Conveyance of an easement c.-Transfer of a controlling intemst(state g.-Conveyance for which credit for tax p.- Conveyance for which exemption from percentage transferred %) previously paid will be claimed transfer tax is claimed(complete d.-Conveyance to cooperative housing In -Conveyance of cooperative apartmems(s) Schedule B.Pan if) corporation i.- Syndication q.- p Conveyance of pr operty operty partly within and e.-Conveyance pursuant to or in lieu of j.- Conveyance of air rights or development partly without the state. foreclosure or enforcement of security rights r- Other(describe) interest k.- Contract assignment 1.- Option assignment or surrender Condition of conveyance check all thar apply) Schetlulc B (,ontrnuntty rescrvn on ern Part I—Computation of Tax Due 1 Enter amount of consideration for the conveyance(from line)TP-S84 Schedule 8) 330 000. 2 Allowance(see below)............. ... ... . ......... .. ..._..................... ..... 2 75 000. 3 Taxable consideration(subtract line 2 from line)) .... ..... .. ... .................. 3 255 000- 4 2%Community Preservation Fund(of line 3)make certified check payable to SUFFOLK COUNTY CLERK...... 4 5,100. 5 Property not subject to CPF Tax(See Schedule C) ............................. ................. For recording officer's use Amount Date received Transaction number ' received Allowance: Fast Hampton: $250,000.00Improved S100,000.00 Vacant Land(Unimproved) Shelter Island: $250,000.00Improved S100,000.00 Vacant Land(Unimproved) Southampton: $250.000.00Improved $100,000 00 Vacant Land(Unimproved) Riverhead; $150,000.00Improved $75,00000 Vacant Land(Unimproved) Southold: 5150.000.00Improved $75.000.00 Vacant Land(Unimproved) I]W il.L99 CHICAGO TITLE INSURANCE COMPANY / AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Title Number Effective a Amount of Insurance 380 June 16, 2005 7I:NTERES:T.) C ame of insured: ONNA WEXLER AS TO 99W INTEREST AND GERTRUDE E. IGLESIAS AS TO A 1 2. The estate or interest in the land which is covered bythis Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in the insured by: A DEED MADE BY DAVID T. DEVLIN, To THE INSURED, DATED 06/16/05. 4. The land referred to in this Policy is described as follows: -SEE ATTACHED DESCRIPTION- r C"•L.k"�_& _/ Authorized Signatory ovzc . SCHEDULE A DESCRIPTION Policy NO.: 3805-00335 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 KNOWN AND DESIGNATED AS LOT NO. 1 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 022.000 P[.EGAL • • SCHEDULE B Policy No.: 3 8 05-003 3 5 This policy does not insure against loss or damage(and the Company will not pay costs,attorney's fees or expenses)which arise by reason of: 1. NO TITLE IS INSURED TO ANY LAND NOW OR FORMERLY LYING IN THE BED OF DREDGED CANAL, ITS ARMS, BRANCHES OR TRIBUTARIES BY WHATEVER NAME CALLED. 2. EXCEPT RIPARIAN RIGHTS AND EASEMENTS OF OTHERS TO AND OVER DREDGED CANAL, BUT POLICY DOES NOT INSURE ANY RIPARIAN RIGHTS OR EASEMENTS IN FAVOR OF THE OWNER OF THE PREMISES HEREIN. 3. EXCEPT THE RIGHT OF THE UNITED STATE GOVERNMENT TO ESTABLISH HARBOR, BULKHEAD OR PIERHEAD LINES OR TO CHANGE OR ALTER ANY SUCH EXISTING LINES AND TO REMOVE OR COMPEL THE REMOVAL OF FILL AND IMPROVEMENTS THEREON (INCLUDING BUILDINGS OR OTHER STRUCTURES) FROM LAND NOW OR FORMERLY LYING BELOW THE HIGH WATER MARK OF DREDGED CANAL WITHOUT COMPENSATION TO THE INSURED. 4. EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF NEW YORK AND THE TOWN OF SOUTHOLD OR ANY OF THEIR DEPARTMENTS OR AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS, LAND UNDER WATER AND LAND ADJACENT THERETO. 5. POLICY WILL EXCEPT EASEMENT RIGHTS OF OTHERS THAN THE INSURED INTO AND OVER THE STONE DRIVEWAY ENCROACHING THE WESTERLY AND NORTHERLY RECORD LINES. 6. RIGHTS OF TENANTS OR PERSONS IN POSSESSION. 7. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED. 8. SURVEY MADE BY JOHN C. EHLERS LAND SURVEYOR DATED MAY 17, 2005 SHOWS: VACANT LAND, STONE DRIVEWAY ENCROACHES WESTERLY OF EASTERLY RECORD LINE AND SOUTH OF NORTHERLY RECORD LINE NO DIMENSIONS PROVIDED, WOOD BULKHEAD IN EASTERLY PORTION OF PREMISES, FENCE A VARIATIONS WITH PORTION OF WESTERLY RECORD LINE, ROW OF EVERGREENS ENCROACHES WESTERLY LINE AND SOUTHERLY LINE NO DIMENSIONS PROVIDED. NO OTHER ENCROACHMENTS BSCHD • • -SCHEDULE B- ENDORSEMENT 0 6oy( Attached to and made a part of Policy No. 3805-00335 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: 't5. Any statutory lien for services,labor or materials furnished prior to the date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments,water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement,when countersigned below by a validating signatory,is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF,the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated: 06/16/05 CHICAGO TITLE INSURANCE COMPANY By l 1M S U I _.-- -1v Byt' b�t�liE o . Authorized Signatory ✓r� , :4Ujb President 9✓::.•.�.e%.: `.. 11�y .. Attest. .�h.,y,�•...'. Note: This endorsement shall not be valid or binding � until countersigned bean authorized signatory. Seaetary. STANDARD NEW YORKENDORSEMEJVI'(911193) FOR USE WMIALTA OWNER SPOW (10/17/97) • Exvs092c CHICAGO TITLE INSURANCE COMPANY MARKET VALUE POLICY RIDER Policy No. 3805-00335 Name(s)of Insured Homeowner(s) DONNA WEXLER Owner's Statement of Coverage: In consideration of the payment of the additional premium for the issuance of this Rider to the Polity as hereinafter defined,the Company insures the named homeowner against loss or damage not exceeding the market value of the premises at the time of loss,in accordance with the conditions of the Policy not inconsistent with the provisions of this Rider,and subject to the matters excepted from coverage in Schedule B. DEMNMONS: (a) The Policy is the policy issued to the named insured herein in the amount of the original purchase price paid for the insured premises. (b) Time of loss shall be such date as the homeowner shall have actual knowledge of facts giving rise to a claim under the Policy. (c) A homeowner is a natural person, fee owner and resident of real property used predominately for residential purposes and containing no more than 4 dwelling units, a residential condominium unit,or a residential co-operative leasehold interest.The benefits of this Rider shall be available only to the named insured provided the named insured is a homeowner as defined herein at the date of the issuance of this Rider and at the date any claim under this Rider is made. (d) Market value at time of loss shall be such value of the insured premises as is determined by three arbitrators or any two of them,one of whom should be chosen by the insured and one by the Company,and the two so chosen selecting the third arbitrator.Such value shall exclude the market value of any improvements made to the premises subsequent to the date of the Policy.The above valuation procedure shall also apply in the event the insured premises is a residential cooperative leasehold interest. CONDITIONS: (a) Paragraph S of the Conditions and Stipulations of the Policy is hereby deleted.That portion of subdivision(b)of paragraph 7 of the Conditions and Stipulations of the Policy as relates to improvements made subsequent to the Date of Policy is hereby deleted and the following paragraph is substituted in lieu thereof: In the event that a partial loss occurs after the insured makes an improvement to the insured premises subsequent to the date of this Rider the valuation of such partial loss shall be determined in relationship to the market value of the premises at the time of such partial loss,minus the market value of such improvements made to the insured premises subsequent to the date of this Rider. (b) Notwithstanding anything herein to the contrary,in the event of a loss,partial or total,the insured shall have the option to elect to value such loss under the terms of this Rider or under the terms and amount of the Policy. (c) All other provisions of the Policy,not inconsistent with the provisions of this Rider,shall remain in full force and effect. (d) This Rider and the Policy is the entire contract between the named insured and the Company. Dated: June 16, 2005 CHICAGO TITLE INSURANCE COMPANY BY �1M Stl,►4� By o doe►OiAlf:;,p Authorized Signatory eresidmi. Auev: Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory. Scc wy. 77RSA MARKET VALUE POLICY RIDER(911193)TO BE USED WIM ALIA OWNERS BASICPOL 'Y (NEW YORK STA TE ONL Y) • • EMV92C I rw Y> ` { �o' t• � .... as� �u_ � .r..re > .. —. '. • ' i K f K b .y ` { � fa �YY t L Y Y ` � K .•�...1 �• ('' / •� ` ' .,aY . J • • • t of � JbC • If _n Q Y J���,4• M � �, w � • >'' Y •o r n 11 n N+ a• A r � ! n Y +F _ N 1 l •� lops w � C1W41" . �w a „ ^ . l a~^ ^ ,f r" R >J r• ff " ry + f'. Jr y } N tI O , J a� /may • E oA K 7L, j ur '� rN �• © nr sf,y m r.Y.w n I M t 4 --�•w�:M.w..t .A.•i.... _ - .++.i+wGi1: ......�.era f.r♦ , (,e( Peconic Bay Region Community Preservation Fund Please print or type Schedule A—Information Relating to Conveyance GRANTOR Nome(i drvld„d:rwr.fim,..Or WAW) Soeial Security Number Q Individual Devlin,David T. 144 1 22 1 4735 ❑ Corporation Marling address Soctial Security Number ❑ Partnership 1175 W.Hill Rd.,P.O.Box 1025 ❑ Other C.Iy Stare ZIP code Federal employer Wet.number _ Southold IVY 11971 GRANTEE Name tindi.idoae lair,lnr,middte ietrial) Social Security Number Lei Individual Wexler Donna 071 1 36 1 7466 ❑ Corporation Mailing address Soetat.Secunty Number Cl Partnership 200 Castle Hill Rd. ❑ Other City State ZIP code Federal employer ident number Cutcho ue NY 11935 Location and description of property conveyed Tax map designation Address Village Town Dist Section I Block Lot 1000 070.00 04.00 023.000 1175 West Hill Road Southold Southold Type of property conveyed(check applicable box) M Improved Date of Contra tree Dual Towns: ❑ Vacant Land ti 05 a,V Conveyance of fee interest f.- Conveyance which consists of a mere m.-Leasehold assignment or surrender b.-Acquisition of a controlling interest(state change of identity or form of ownership or n.-Leasehold grant percentage acquired %) organization o.-Conveyance of an easement c.-Transfer of a controlling interest(stale g.-Conveyance for which credit for tax p.-Conveyance for which exemption from Percentage transferred %) previously paid will be claimed transfer tax is claimed(complete d.-Conveyance to cooperative housing h.-Conveyance of cooperative apartments(s) Schedule B.Part 11) corporation i - Syndication q.- Conveyance of property partly within and e.- Conveyance pursuant to or in lieu of j.- Conveyance of air rights or development partly without the state foreclosure or enforcement of security rights r.- Other(describe) interest k.-Contract assignment 1.- Option assignment or surrender Condition of conveyance!check all that apply) �chcdule tS Uommunity Preservation Fund Part I—Computation of Tax Due I Enter amount of consideration for the conveyance(from line I TP-584 Schedule B) ....... ........ 1 945 000. 2 Allowance(see below) .......... ........... . ..... 2 150 000. 3 Taxable consideration(subtract line 2 from line 1) .-—.—. . 4 296 Community Preservation Fund(of line 3)make certified check payable to SUFFOLK COUNTY CLERK..... . 5 Property not subject to CPF Tax(See Schedule C) ............... .. .......... ... ....... 0 For recording officer's use Amount Date received Transacdon number Lreceived Allowance: East Hampton: 5250,000.00 Improved S100,000.00 Vacant Land(Unimproved) Shelter Island: S250.000.00 Improved SI00,0W.00 Vacant Land(Unimproved) Scuthamplon: $250,000.00 Improved S100,000.00 Vacant land(Unimproved) Riverhead: 5150,000 00 Improved $75.000 00 Vacant Land(Unimproved) Southold: $150.000.00 Improved S75.000.00 Vacant Land(Unimproved) ia-olia.uv ENDORSEMENT Attached to and [Wade a part of Policy No. 3805-00334 tv Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services,labor or materials furnished prior to the date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments,water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory,is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seat to be hereunto affixed by its duly authorized officers. Dated : 06/16/05 CHICAGO TITLE INSURANCE COMPANY BY; y� ,B CI C 4. Authorized Signatory s ✓..A President. Note: This endorsement sball not be valid or binding ...... Attest: * S until countersigned by an authorized signatory. Secretary. STANDARD NnV YORK ENDORSEMENT(911193) FOR USE TVITHALT.9 OWNER SPOLICY (10117192) ENYE092C CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Title Number Effective Date Amount of Insurance June 16, 2005 $945, 000.00 1. Name of insured: DONNA WEXLER 2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in the insured by: A DEED MADE BY DAVID T. DEVLIN, TO THE INSURED, DATED 06/16/05. 4. The land referred to in this Policy is described as follows: -SEE ATTACHED DESCRIPTION- Cc I) l�C i .`� d�[jr,rJe-d i Authorized Signatory o?zC SCHEDULE A DESCRIPTION S o<, Policy No.: 3805-00334 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 KNOWN AND DESIGNATED AS LOT NO. 2 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CALVES NECK" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON FEBRUARY 15, 1972 AS MAP NUMBER 5673, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF WEST HILL ROAD DISTANT 156 FEET EASTERLY AS MEASURED ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF WEST HILL ROAD AND THE EASTERLY SIDE OF WELLS AVENUE; THENCE SOUTH 88 DEGREES 52 MINUTES 40 SECONDS EAST ALONG THE SOUTHERLY SIDE OF WEST HILL ROAD 100 FEET TO A POINT; THENCE SOUTH 0 DEGREES 46 MINUTES 00 SECONDS EAST 200 FEET TO A POINT; THENCE NORTH 88 DEGREES 53 MINUTES 40 SECONDS WEST 100 FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 00 SECONDS WEST 200 FEET TO THE SOUTHERLY SIDE OF WEST HILL ROAD, THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 070.00 BLOCK 04.00 LOT 023 .000 P i.F,G rtL SCHEDULE B Policy NO.: 3805-00334 This policy does not insure against loss or damage(and the Company will not pay costs,attorney's fees or expenses)which arise by reason of: 1. NO TITLE IS INSURED TO ANY LAND NOW OR FORMERLY LYING IN THE BED OF DREDGED CANAL, ITS ARMS, BRANCHES OR TRIBUTARIES BY WHATEVER NAME CALLED. 2. EXCEPT RIPARIAN RIGHTS AND EASEMENTS OF OTHERS TO AND OVER DREDGED CANAL, BUT POLICY DOES NOT INSURE ANY RIPARIAN RIGHTS OR EASEMENTS IN FAVOR OF THE OWNER OF THE PREMISES HEREIN. 3 . EXCEPT THE RIGHT OF THE UNITED STATE GOVERNMENT TO ESTABLISH HARBOR, BULKHEAD OR PIERHEAD LINES OR TO CHANGE OR ALTER ANY SUCH EXISTING LINES AND TO REMOVE OR COMPEL THE REMOVAL OF FILL AND IMPROVEMENTS THEREON (INCLUDING BUILDINGS OR OTHER STRUCTURES) FROM LAND NOW OR FORMERLY LYING BELOW THE HIGH WATER MARK OF DREDGED CANAL WITHOUT COMPENSATION TO THE INSURED. 4. EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF NEW YORK AND THE TOWN OF SOUTHOLD OR ANY OF THEIR DEPARTMENTS OR AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS, LAND UNDER WATER AND LAND ADJACENT THERETO. 5. PREMISES HEREIN ARE LISTED AS EXEMPT OR PARTIALLY EXEMPT FROM REAT ESTATE TAXES. PURSUANT TO SECTION 302, 494 OR 520 OF THE REAL PROPERTY TAX LAW, THE SAID EXEMPTION TERMINATES IMMEDIATELY UPON THE TRANSFER OF TITLE BY THE OWNER ENTITLED TO SUCH EXEMPTION, OR MAY TERMINATE UPON HIS DEATH, AND THE SAID PREMISES SHALL THEN BE TAXED PRO RATA FOR THE UNEXPIRED TERM OF THE TAXABLE YEAR, AND SUBSEQUENT THERETO, AT THE FULL VALUATION THEREOF WITHOUT BENEFIT OF SUCH TAX EXEMPTION. 6. SURVEY MADE BY JOHN C. EHLERS LAND SURVEYOR DATED 5/17/05 SHOWS: 1 STORY FRAME DWELLING GARAGE AND WOOD DECK, WALK, WALL, WOOD BULKHEAD WITH DECK EXTENDING INTO JOCKEY CREEK, STONE DRIVEWAY EXTENDS INTO PREMISES ADJACENT ON THE WEST AND SOUTH, FENCE AT VARIATIONS WITH PART OF EASTERLY LINE. 7. POLICY EXCEPTS EASEMENT RIGHTS OF OTHERS THAN THE INSURED OVER THE STONE DRIVEWAY EXTENDING ONTO PREMISES ADJACENT ON THE WEST AND SOUTH. 8 . RIGHTS OF TENANTS OR PERSONS IN POSSESSION. 9. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED. BSC 3 D -SCHEDULE B- 6 ALL MoRINGS AND STAKES MUST DISPLAY VISIBLE MOORING NUMBERS ALL HOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS 4 Q MW e.;Z- ir-�-L Board Of Southold Town Trustees C SOUTHOLD, NEW YORK Mooring # N/A ?J... Vj !T NO ....2.0...4....8.PER .............. r ., .& Elaine nenson ISSUED TO Agnor .................................. AuttlorizatJ v n .0 Pursuant to the provisions of Chapter 615 of the Laws of the State of Now York, 1893; and Chapter 404 of the Laws of the State of New York 1952.- and the Southold Town Ordinance en- fifled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER -TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held Auqu.s.t: Rasol g on 2J3, r. L, and in consideration of the sum of ............ paid by of Southold_.. N. Y. and subject to the Terms and Conditions listed on the reverse side hereof. A: of Southold Town Trustees authorizes and permits the followin CJ Application approved under the Grandfather Clause to secure a permit for a, bulkhead and dock in Southold * all in accordance with the application submitted. all in accordance with the detailed specifications as presented in If the originating application. IN WITNESS WHEREOF, The said Board of Trustees Kere- by causes its Corporate Seal to be affixed, these presents to be subscribed by a majority of the oard as o his J fF ...... ..... ... . ....... 41- C= 3.. 0 tes Yr 1p,iiq; 11�1 'a Zvi K11111111 is AI �1 zs ♦ 4O g, yam\ g•6 %a • �• 'mot. � • v r. a4 j�.j .i• (�3 1 403 qao -7o, 3 - a o -z0+. 3q 3 K:�r nn 39 _ 4 _ 1 42 ar ��a♦�p(� � .♦ RD_ � n' `",wit; 19 !r 23 i.X. o y 9'_t:;ECis ♦�aT• '"� �5 ♦ ^'e a �1\ � b i i'�;•�` ` �:. OIOQb W +l , `f?O'1 IN ,, /1� -� a ley � , �f� ;/�• O tN b aw rjv �• A. '� ♦' w .h- wr-..+ `.� �.. 1 +i�. �- 1+ , �� ,t' W5uT 1aLL s as ^�.' r *•. _'• ` %4 �w Tc wtt i � � .pa 22 27 ?r 25 b � ro (mob? a nor �° �•}+� w, a u A ?i• ( �. "YS! .• ` 4, j .)_ 1 \� �, m, 4• ,�1 to ce m- �•� � 3 7d. �1 .� �,1i;'• "'�v.. � � a SEy ,° ♦9 <� wx 2t� � `r `moo ' �' 01 d t a� � t 1��1 � jt�' 7 e,+t�., ! o m ti • T `s a ticNvE •_�'6"�- o ,Oa13 �' e,� 7L�, r .ad r8" v \' ` ®p •�' ..�?iY e "' a• .�a .•� a to � •••�: _�{, o,s � 6 t►��Ci(' `�� $ t��`��'r -�1.- ' e l7 � •�:� 1' •�n \ Yam, ti _.o /.. - - d' Syr. a •tYpt•. 'q9• 10 GO, ,+0'- ,� ,�, ♦ 9 Y ,+e _ •,..ter .I Pf ♦ a 111 <•� .t1 19.12 19.11 ' r Y +•26 tb A V•- +` '! 01 '...`_ 'D�.el •+� - tY 7.7A(c) 1.a(c) 1s_a 762 t ,♦ J - Is 21.1 7y.A •� _. 20 76 17 19 19 1.3AA(c) • :_� `r �,.r i `` 12A(c) �..'•"°wn�. � N a ��• r ( l) � a7e2 �♦ �ti.C� \�F. 7A ,\ • t91 ��.7� m l�r: TOWN OF SOUTHOLD - '" , 'tt•`, 1� ) t ♦20 T-1 5 'l!• \\ • y . y " 9.7A(c) �' •naarw"rrn cvnl +, , ,p w a 5c\ 1 .r+ \9 .+ _ + J 4 _ r, e7"� 51 ?' + i 1- a• 46 c a 2 ._ \Pt' i Devlin , Wexler and Iglesias � Properties New Information that was not presented at the initial hearing ,o/a4,o, Summary of New, Information Objective Facts • Lot 22 (1275 W. Hill St. ) and lot 23 (1175 W. Hill St.) are adjoining lots that were individually owned by an unmarried couple (Ms. Collins and Mr. Devlin) who had been together for 30 years • At the base of this matter is the fact that these properties were joined for estate planning purposes, not because the land was unsuitable for building • Both lots were originally purchased as buildable lots at a higher purchase price, by both the on inal owners, Mr Devlin and Ms. Collins and later by, Ms. Wexler and Ms. Iglesias • Separate title searches done by Chicago Title Insurance Company on j June 16, 2005 confirm that these lots are single and separate (See Appendices) • In addition, the county and state still show these properties as separate, residential lots and are taxed as such • Therefore, all indications are that these are still separate lots • Both lots are of size which is consistent with other properties in the area (refer to map of Calves Neck) 10/04/07 3 s Summary of New Information , continued • Personal Hardship Issues • The properties were purchased with the intention of building of a separate residence on lot 22 for Gertrude Iglesias, who is 87 years of age and ill with cancer • This was to provide separate residences for each Ms. Wexler and Ms. Iglesias, so that they can live in close proximity, allowing Ms. Wexler to be guardian and care take of Ms. Iglesias• • Each felt that they need separate residences to ensure a workable arrangement that will keep them both mentally and emotionally comfortable • They also have estate planning and financial concerns, which would have been solved by separate residences • The intended home on lot 22 has not been given a building permit • In order to create an more immediate suitable residence that would house both, they attempted to build a second story on the existing house on lot 23 • Expenses in the amount of $50,000 were incurred for two different architects who created unbuildable designs, confirmed by local engineers • The last year and half has caused an extreme financial, emotional and mental burden on both women • The situation has caused documented medical problems for Ms. Wexler • Recently, due to Ms. Iglesias deteriorating health, Ms. Wexler was forced to purchase an additional residence, which meet their living needs at this time • The purchase of a third property has caused an extreme financial hardship for Ms. Wexler, due to the large mortgage of $2.3 million having a minimal income to repay it • The local real estate brokers have advised that, in order to recoup the investment of original purchase of both lots and renovations made, that these properties would need to be sold as separate buildable lots 10/04/07 1'k!:� 4 60 In Conclusion • Ms. Wexler and Ms. Iglesias ur entl request that the Board take this issue, objectively view the facts which speak for themselves and restate the proper zoning for this land, so that they can recover their investment in these properties and repay a the mortgage, which is weighing heavily on both • Anyone who is taking care of an ill elderly parent, 24/7 knows the emotional difficult this can generate for an family Y 9 Y Y • In addition to the objective aspects of this discussion, Ms. Wexler and Ms. Iglesias are long term, contributing members of this community and wish to continue to live here • As a community, we should encourage close and personal care for our elders, as well as, our younger families 10/04/07 5 Detailed Background Information Information on Lot 22 and 23 • Lot 22 (1275 W. Hill St.) and lot 23 (1175 W. Hill St.) are adjoining lots that were individually owned by an unmarried couple (Ms. Collins and Mr. Devlin) who had been together for 30 years. • The lots were bought with their separate monies and were held in separate names until 2004 • The decision to merge the lots was made exclusively for estate planning purposes by Ms. Collins to protect Mr. Devlin's and his heir's right to inherit the lots • Ms. Collins was very ill with brain cancer at the time she signed the papers, possibly not capable of considering the entire impact of this decision. Her lawyer disapproved and wrote her a letter stating his concern regarding this merger, advising her not to proceed • Ms. Collins died in May of 2003 • The merger of the lots on town records was completed in 2004 • However, to this day the lots retain separate tax numbers and lot numbers on the county tax map 10/04/07 6 Detailed Background Information., continued Information on Lot 22 and 23 • After Ms. Collin's death, Mr. Devlin inherited her share of the joined properties in 2004 • Mr. Devlin decided to sell the properties S • Ms. Wexler was looking for two adjoining properties large enough to build two homes, one for herself and one for her 85 year old mother • She was told, by Mr. Devlin, that the properties could be redivided easily and Ms. Wexler proceeded to purchase the two properties • Single and separate title searches confirmed that both properties were separate and zoned as buildable lots (see attached appendices) • The lots were purchased separately, one in Ms. Wexler's name and one in her and Ms. Iglesias` name (see appendices) • Mr. Devlin, being the current owner of the property, signed the Application for Waiver, Under Section 100-26 in May 3, 2005. He was in favor of the subdivision of his property The properties were joined only in the town records for less than one year from the time of the merger, until the request to unmerge the properties • Both properties continue to have separate deeds, address, titles, tax bills and are shown as individual parcels on the county tax map, indicating that they are two separate pieces of property • The lots in question are consistent with the other lots in the area of Calves Neck Ikk 10/04/07 -c— 7 Detailed Background Information,, continued Original Reasons for Purchasing Two Buildable Lots in Calves Neck • Both women wished to remain in Southold and felt the properties on West Hill would have allowed them each to have separate and functional living arrangements • This would have given Mrs. Iglesias close access to her daughter and the care she provides her on a daily basis, as well as, accessibility to her local activities in Southold Town, while preserving her freedom to live a full life • Ms. Wexler and Mrs. Iglesias also have estate planning concerns, which would have been solved by separate residences, with two separate names on the deeds Mrs. Iglesias wanted a separate home which she could have afforded herself and didn't want to be concerned about being evicted by Ms. Wexler's heirs, in case she predeceases her Two separate homes and lots would have allowed for this financial planning -- Alternately, a larger house with two separate living quarters could not be separated, forcing Ms. Wexler to move from Southold upon her mother's death • Ms. Wexler invested $50K in architectural, permits, legal and environmental expenses for these properties 10/04/07 8 0 Detailed Background Information, continued Personal Background Information • Both Ms. Wexler and her elderly mother Gertrude Iglesias, are long time • residents of Southold Town • Mrs. Iglesias, whose is Marc Iglesias' widow, was born in East Marion and has ancestors dating back to the 1760's • Both mother and daughter are very active in the community, both as volunteers and charitable contributors Ms. Wexler has become Mrs. Iglesias caretaker • Although Mrs. Iglesias is independent in spirit, she is no longer able to live alone and has moved into her daughter's house temporarily but her daughter's home does not afford her a fully functional and separate living space which she is used to • In order to avoid placing Mrs. Iglesias into a nursing home or an assisted living faculty, they decided to build adjacent homes, allowing Ms. Wexler to monitor her mother and have space for a live in caretaker when the time arises • Mrs. Iglesias' house in East Marion was been sold, in order to provide funds for her new home • Ms. Wexler sold her large house in Cutchogue, as she can no longer afford the expenses, due to a divorce 10/04/07 9 Appendices • Application for Resubmission • Power of Attorney • Application for Waiver • Waiver of Merger Statement • Lot Waiver Questionnaire • ZBA Questionnaire Disclosure Form • Notice of Disapproval (2) • Chain of Title List • Property Documents of Lots 22 & 23, Individually — Surveys- • Original Survey • Proposed construction — Real Property Transfer Report — Town of Southold Property Tax Bill — Bargain and Sale Deed, showing different owners • — Combined Real Estate Transfer Tax Return — Peconic Bay Region Community Preservation Fund — Single and Separate Title Searches-Chicago Title Insurance Company, dated 6/16/2005 — Copies of current County Tax Maps — Town of Southold Dock Repair Permit — NYS DEC Letter of Non Jurisdiction-Article 25 10/04/07 10 i Appendices , Continued Town of Southold Property Records - Town of Southold Property Cards i - Certificate of Occupancy for House - Original House Design 10/04/07 11 0 Boa of Trustees Application • AUTHORIZATION (where the applicant is not the owner) residing .at (print owner of operty) (mailing address) do hereby authorize(Agent) to to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner' s si ature) cY 1A 1� b �U2 2_ f'yt �"V�I S I zo, co 7,�0 %j e � p� �`(�Il�t 2 \ VLINt, MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01 D04634870 Clualified in Suffolk County Commission Expires September 30;2,D_0 b 8 APPLICATION FOR WAIVER UNDER SECTION 100-26 This review is for lots which have separate deeds recorded prior to 1983 and undersized . A merger determination has been issued by ' the Town Building Inspector (copy attach ) � 1 The zoning of my parcel is presently: 7f� The size requirement for this zone is: D _ square feet per parcel'. County Tax Map Parcel Nos : 1000 - I (we ) , as owners of the Jf. 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 11 , Section 100--26 of the Southold Town Zoning Code . 1 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 dune 30 , 1983 for all lot: 3 . Copies of current deeds of the parcels under review. 4 . Copy of the current County Tax Map for my neighborhood . 5 . $150 . 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 1 reserve the right to file for a subdivision and , if necessary, area variances under the usual procedure . By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver . (Applicant -and Owner ) (Applicant and Owner) Swo to before i e tlli day of17- $�C `� BE I SY A PMKINS Maw e.Pudia sa of mm YbA NaOIKSIVAIe Not a y u l i c, Gaff4d in F� � ZOO A Waiver is hereby approved denied (delete appropriate action ) based upon the above documentation _ issued by Reasons for application ( to continue on next page)- zbat:a.w1295 APPLICATION FOR WAIVER UNDER SECTION[ 100-2 6 ;�� This review is for lots which have separate deeds 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- (O The size requirement for this zone is : a0.000 square feet per parcel'. County Tax Map Parcel. Nos : 1000 °7.0 - I (we ) , 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 of the current County Tax Map for my neighborhood . 5 . $ 150 . 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 necessary, area variances under the usual procedure . By making this application , I hold the Town of Southold free and harmless from any and all claims and liability resulting .from the issuance of a waiver . plicant an Owner ) 1 (Applicant and Owner) Sworn to before me this Z-0 0-57- 179-- PATRICIA C. GORE No a r y Public Notary Public,State of New York Suffolk County-No.4861668 Commission Area June 16, 3— A Waiver is hereby approved denied (delete appropriate action ) based upon the above documentation . Issued by Reasons for application ( to continue on next page)- zbata.wl295 • WAIVER OF MERGER (OD`� ZBA MAY WAIVE THE MERGER AND RECOGNIZE RIGINOT LINES UPON PUBLIC HEARING AND UPON FINDIN AT: The two parcels are lots in Map �f Calves Neck filed in The parcels are served by public water, were developed with Planningbea a and the neighborhood at Calves Neck is a well established and substantially developed subdivision. Lot 22 (SCTM#1000-70-4-22) was purchased in 1996 by Lora S. Collins. At the same time lot 23 was purchased by David T. Devlin and Lora S. Collins. They each contributed '/z of their resources to purchase the two properties. Mr.Devlin and Ms. Collins were not married, however, Mr. Devlin and Ms. Collins had been together for 30 years,Mr.Devlin has a child and grandchild from a previous marriage. Ms. Collins had no children. She considered her husband's daughter her own child. They intended to preserve the integrity of the properties as single and separate lots,they purchased the lots separately,paid separate taxes and left the lot undeveloped. The lots remained separate until 2000. Mr. Devlin and Ms. Collins were preparing their wills and undertaking estate planning. Ms. Collins wished to protect Mr. Devlin's daughter and granddaughter. They both anticipated that Mr. Devlin would pass away first due to their ages. If Mr. Devlin passed away first Ms_ Collins would have use of%2 of the property and the lot was already owned by Ms. CoIlinS. This could result in the lot passing the properties to Ms. Collin's heirs rather than to Mr. Devlin's daughter. She wished to be sure that the property would, upon their death,be given to Mr.Devlin's daughter. They found that without complicated estate planning, the two lots could end up merged by death or potentially pass to Collin's family. They became frustrated and tiered of worrying about the property, Ms. Collins placed the property in both of their flames to protect Mr. Devlin's daughter. Unfortunately, within a short time Ms. Collins became very ill and passed away May 2003. Mr. Devlin became the sole owner of the house and lot. Consequently, even without the transfer of the lot into both their names in 2004, the death of Ms. Collins would have resulted in the merger of the properties. Mr. Devlin wishes to un-merge the properties. Their decision to transfer the property to the same names was in uers eri solely by iss nce. The unfortuna onsequence was t at their concerns were in vain since Ms. Collins died first. The two parcels were carefully purchase with cPnaratP finds, maintajDec-soaarate tax__ bills and continued to retain their separate c gLacLer. The lot is a valuable waterfront property. The properties are in contract with Donna Wexler who wishes to build a small home for her �pr elderly mother. Ms. Wexler loves the home and property, is relocating from a large home in Cutchogue (after a divorce) and the lot would enable her mother to maintain the independent living which she has always enjoyed within proximate location to her daughter. (1) THE WAIVER WILL NOT RESULT IN A SIGNlRC�WGMASE IN - DENSITY OF THE NEIGHBORHOOD A review of the Calves Neck subdivision of @58 lots on '/z acre parcel , 6n1 three lots • • inclusive of the subject property remain vacant. The other two lots are owned by individuals with no common ownership of the adjacent property. The subdivision has been substantially developed, lovely large year round homes and a very stable neighborhood. The house is similar in size to the surrounding homes, the adjacent lot is appropriate for a single family residence. The contract vendee, Donna Wexler, intends to build the home on the lot for her mother. Her mother is very independent of spirit but reaching an age where she must be closely monitored. As her age progresses the house next door will become invaluable to Ms. Wexler. (2) THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE SIZE OF LOTS IN THAT NEIGHBORHOOD The Calves Neck community consists of% acre lots, consistent with the size of lots within %mile of the Hamlet of Southold. The Calves Neck community is extremely desirable neighborhood of%z acre lots. As is obvious by the Tax Map this community is developed with ''/z acre parcels, a drive by the neighborhood shows well cared for and valuable year round homes on each parcel. (3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP The parcel is considered a waterfront lot with access to the canal. The house was developed on lot 2 and lot 1 was preserved vacant and suitable for development. (4) THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS AND SLOPES OF THE LOT WILL NOT BE SIGNIFICANTLY CHANGED OR ALTERED IN ANY MANNER, AND THERE WILL NOT BE A SUBSTANTIAL FILLING OF LAND AFFECTING NEARBY ENVIRONMENTAL OR FLOOD AREAS The lot is flat, dry with no wetlands or environmental constrains limiting the construction of a single family dwelling. �o LOT WAIVER QUESTIONNAIRE (0 What are the square footage and dimensions of this lot (subject of building department merger application):c;_ s.f. Imo) ft. by QM +- ft. Date of first deed which created this lot: ti, �, 4,74 Date of current deed to presen wn_er:`►,, Owners' names of lot at current time: \�NTNI a Date and name of subdivision (if any): q 'I a Size of remaining lot in the merger: Q—0 00o s.f. Were there any building permits Issued in the past for this lot: Yes No If yes, please provide copy of former permit and map approved. W !ere there any County Health Departmqnt approvals in the past for eithe lot? Yes No X . If yes, please provide a Were they any v cant land Certificates of Occupancy requested in the past? Yes No, If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property in any way)? Yes _ No X If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. Yes If yes, please explain. How many other vacant lots are on the same block and irnmediate neighborhood? Please note other approvals or other information about common ownership of these lots: G -4 � I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: Owner's Signature ZBA5127199 oUESTIMLIMAIFE FQR. FILING WITH YOUR. Z.B.A. APPLICATIOU A. Please disclose the names of the owner(s) and anv other individuals (and entities) having a financial ?nterest in the subject premises and a description of t_heiS interests (Separate sheet may be attached- ) H. Is the subject premises listed an the real esr_are market far sale or being shown to prospective buyers? { Yes [ } No_ (1-E des, 1311mse art-arlh cnrry of "condit-4 on o:e sale_ ) C_ Are theme amy gruposals -to csange -=r al-tez la,3A c-4tz_;= ? { ) Yes ( No ' D. I_ Are' there any areas which contain wetland grasses;\kU 0"o" cock Z. Are the wetland areas shown an the man suhuaimtad with thi.s apulicatlon? "�O 3. Is the proper--r buLkheaded between the wetlands area and the upland building area3 CkQll 4. ds If your uropety contains wet! or pond areas , have you _r contacted the ofTice of the Town Trustees for its determination of jurisdiction? F._ Is there a. depression or slopiag elevation near the area of proposed cons-.-action at or below five feet above mean sea level? -)aC (If not applicable, state F. Are the-re any pat-jog , concrete barriers, bul1khea.ds o-S fenf'» which eo`z' t and are not shown an the sur-zey man that you a-r subs tt:_ ng? '_ If none exist, please state G_ Do You have any construction ' Laki-rig place at th-s time conceriling your pra_mises? II Yes , of your huildinq permit and minpDrava as a Pleases a copy Department- If none, please stated Dv thee BU; dlnq D- Do you or any co-owner also own other land close to this parcel? If _yes, please e�.Lain wtie•-e or sub^iit collies Of needs_ t o+• as -k a3 I- Please list present use or operations conducte-i at Parcel c ) 3 r.YrVYanc proposed use /p ��uC1orL=r?` Si�j:1cC�-� am Dar_ -�-' pU.ST.MrtfAI2F �pDLIC:.TIOrr FOR FILING WITH YOUR Z.B_A. . se disclose the names of the owner(s) and zny other A. o?ea ci al interest in the inch i victuals (and emit;es} having a f_a n subject pr° iszs and a descriPtj-on of t_`hei r interests : (Separate sliest may be attac ed_ ] " -jT' di•n B_ Is the subject pxplAjSes listed an the re31 es:�te mar�tez far rospec•tive buyers? t'G} Yes - sale: or being shown to P ar`rF, �� of ,•ccn�'-�arc" of see- 1 { } No_ (L- es C- Ara theme �Y vrrroasals c�nge -ar ( } Yes CA) No �, wet'-and grasses? /Vb- 8vlr(�2AIZd . n_ 1. Are there any areas which cont_�1 2. Are the wetland aaas shown on the man sum-==-d '�i`-a = this ap-oLication3 --JSL— 3 . Is the prayer--tr bulkheaae a between the pet?anc's a---ea and the upland building azea? 93 4. If your propert*r coma tis wec!eras or pond arzas , have you coat-acted the Office of the Tow _. n TLs tees for its t dete mination of jur'•.sdict-L=2 r c._ Is i there a devresslon or slop-Lag elevatsn o near the area of proposed cons::.-uct-ian at or below five fset above me-n sez- level3 111 (If not avnlicahle, state onf�C F. Are there anY Patios , cones ete bar;;ers , hu-1-�eZds ar r_ which e_ist an�� are not ha n on the sarvey roar) that You ar-a' submi.tt.ing? ' L.__.___ If pone east, please state "Wane_" G. Do you have any construct-ion taking Place at this tine concerning your pze.'aises? A/o If yes , please $u::m t. a cope Of your building permit and map as approved by 'the Build_nq Denar-.nent. I-E none, please state- H. Do you or any co--cwner alsd own other laud close to this es, alease. e�lain where or sub" t copies nar�al� ycS yes,_ - of deeds dol I P3 a e aL cus cUneLctca at ��=s Z. Please list OrG'SZr1 U � �eiu�`e J ✓ctoa-t t /D- - and parcel. ��linQ�L dT J ' or000sed use \ S . ��C_' AUC=lor� S_y::aC--I aric �y APPLICANT TRANSACTIONAL DISCLOSURE PORH The Town of Southold's Code of Ethics prohibits conflicts of interest on the parL of town oft cers and' employees. The purpose of this form is; to provide information.vh ch can alert the town of pose ble conflicts of interest. and allow It to take whatever action is necessary to avoid' same._ YOUR HAKE: wL� (Last name, first name, middle n t >31unless you are applying in the name of someone also or ether entity, such as a company. If no, indicate the other person's or company's name. ) NATURE OF APPLICAT70Ne (Check all 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 throngla your company, spouse, sibling, parent, or child) have a relational►lp vith any officer or employee of the Town of Southold? 'Relationship" includes by blood, marriage, or businesa interest_ "nusiness interest" means a businens, including a partnerehip, in which the town officer or employee has even a partial ownership or (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares__ YES NO If you answered 'YES,". complete the.balance of this form and date and sign where indicated. Name of person employed by titre Town of .Southold Title or position of that peYaon 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 apace + provided. The town ofrlce; or employee or his or her spouse, sibling, parent, or child is (check all that apply)) A) the owner or greater than 5% of the shares of the corporate stock of the applicant (when the applicant Is a corporation) B) the legal or beneficial owner or any interest in a noncorporate entity (when the applicant is not a corporation); , C) an officer, director, partner, or employee of tile applicant; or O) the acti+al applicant. DESCRIPTION OF RELATIONSIIIP Submitted this day of. �C)S/ 61 Signature Pr inl: name �•�7 �l�C �_� Z� V �1 w •• • Al'['J..ICANT TnANSACTIONA1'. I)ISCI,OSf11iR P(JRH ►r ,` � The 'Down of Southold'a Code of Cthles col)lbita conflicts of �U lntst on the arL of town officers and em to ees. The ur ose of this form is to rovlde information wit ch can alert the town of �oasible conflicts of interest anr� allow it Lo take whatever „c� 1:,;; ' ,l La necossar� to avoid same YOUR VAMP; ��J(f/Q T 1)eV1 � Mast name, first name, mld0le Snitial, unless YOU are applylnq In Lhe name of someone else other enLlty, such as a company. IE ao, .lndlcaE:e the other Person's or Company's name. ) NA'L'URP OF Al'Pr,ICA'rION: (r_lieck a.LL L•liat al>ply ) Tax grievance varlapce — Change of zone Approval of pl-- Exemption Erom plat or oEElclal map Other IE "Other,11nam�e activity. ) 1)0 You Persoriall,y (or through your company, spouse, sibling, Parent, or child) have a relations it witly any uBe, s r li employee of the Town"of Soutliold7 "Relationship- irioludor es by blood, marriage, or business interest_ interest" *leans a buslnees, includin "nusiness which the town oCPicer or em 9 a Partnership, in owIlerehip of (or employmentby) }tas even a partial the town by)' - corporation Officer or employee owns mo in wl�ict� shares, re, tlsan. 57� of. tl,e YES NO d Tf you answered -YES." complete L'13e. balance oC date and sign where indlcEed_ this Corm and Name of person employed by the Town of SouL-hold Title or position of that person -------------- Describe the relationship between yourself acid the town officer or employee. Either check tPellcant) provided. appropriate line A) through D) and/or describe in the space 'rhe town officer or employee or ills or her spouse, siblin patent, or child is (check all that applY) � A) the owner of g. greater than S% of Elie shares or the laraocorporation)C Elie applicant (when the applicanL l3) the leqal or beneflclal owner of any i.nteresE in a noncorporate entity (when the applicant Is riot a corporation), C) an officer, director, partner, applicant; or or employee of the n) the actual applicant. DESCRIPTION OC RELATIONSIIIp \ ��� :iubmltl: rl this _ da ` 0 1 I CO. — SignaLtire1 001.111 1.00a LJ:10 OJ14!Ivi JG W1LLIFI14 Il rR1l,C JR tFA.0 ri 5URVEY OF LOT I — -- — — MAP OF CALI/ES NECK FILET?FGDYt AFtY f7.197Z,FILE NO.5675 N ,f SITUATE15ouTtiOLD TOM: SOUTHOLD w E {(J 5UFFOLK cOomTY, NY WRY"O 05-IT-2005 S 5UFROLK COUNTY TAX I000-10-4-= ®ITD�®TO QO[aOQTItL!l7'617RAiJQICplffAl7Y West gall Road S8 052'4 T 1515 p N� 1 var,a„t Lot 7 o �O Lot I , 00� 4� , N a , ' , I , 805 '401 00. N8605I'20"W ... 9 Goy I28.32' .• HCIaTs Mow Or F G7valiffed P rsonol 01, KcslOo a TtUst *'If.ETAL, NOTES. �.^ ter MONMCNT FOUND _ AREA 23J91 61 or 059 Olfos JOHN C.EHLERS LAND SURVEYOR GRAPHIC,5GALC !'• 30• 6EASTMAINnRE6T MYS.LTC.NO 50202 RCVF3tFMW,N.Y.Il9at 369-9299 F-369-928T REPAft+gver%MpROS%5-1 82 pro 0 4(,Od1' I 56 certificate Is his genuine signature. No seal is necessary to be tiled. , IN WITNESS WHFREdF, I have hereunto set my hand and affixed my official sea �{ this 9th day of Janus )939 (L.S. ) RAYMOND L. WYCKOFF. Clerk Compared by; � '?1+��c(• p(/uiypy� Recorded Fob. 16.1939 O ($30.00 U.S.I.R.STAMP CAN.) ' j THIS IND�N'L'URE, made the first day of March March , nineteen hundred and thirty-Wins, between MAHcARF1' W. TitRPER, of Southold, Suffolk County, New York, . party of the first pert, and L. BARRON HILL and ADELAIDE H. HILL, his wife, of the same place, as tananta by the entirety, parties of the second part, WITNES$ETH, .� that the party of the .flrst part, in consideration of OtdF. ($1.00) Dollar, lawful money of the United Stotes, paid by the parties of the second part, does hereby gr nt and re-lesse unto the parties of' the second part, their heirs and f assigns forever. , ALL that certain tract or parcel of land situate at Southold In the Town Of Southold, County of Suffolk and State of New York, containing by estimation ? fifty acres be the same more or less, being all that tract of land known by the name of Celves Neck and bounded Northerly and Easterly and Southerly by the Creek beolnning at the head thereof at the outlet of the ditch or run formerly of Benja- min L. Prince's land and :thence running and being bounded by the said Creek until k It comes to the head of booth'e Cove formerly 90 called, then bounded southerly through thn meadow by the land formerly of Samuel Dickerson, thence westerly by th lands formerly of said Samuel Dickerson, again northerly formerly by the lands partly of J. IL ■ enry Cochran, Sr., and partly by Benjamin L. Prince, thenA westerly by the meadow of benjamin I.. Prince to the place of beginning. Also all such. righ t title and property as said party of the first part has In and to the bridge across ' rd the head of Town Creek so called, the roadway thereto and tt)re right of way over ,th same. Being and intended to be the same remises conveyed b p Y Y George Harper, sY widower, to Margaret Winifred Harper, his daul;hter, by deed dated June 4th, 1920, and recorded in the Suffolk County Clerk's Office In liber 498 of deeds at page 456 on June 4th, 1920 at '_0 A.M. And this conveyrnce is male subject to two certain mortga6as now on the Premises for $15,000_ and held by Southold Savings Bank which the parties hereto oOf Of 3-3 -37 • 1'F JY(jibs)?4,uturJ\,1.IL T:C.Fmrm Gall:II.w'rin mall:+Ic Ilrrvl...ilb f nrnmd o;taL,-1 t:rmdnr•ki•—Lull,idwl v!nrpur.dl,ru 0 CONSULT TOUR IAWVER BORE$1GNING THIS INSTRUMENT .THIS INSTRUMENT SHOULD BE USED �LAWYERS�NtY. LIBEh �6 FAi,E'!�� t1.5 THIS QVDEl1fURE.made the p21�day of Doc ember,ninocut bundred and sixty-f iVo In,-2061 SiF.TREEN L. BARRON HILL and ADGLAIDE H.,HILL, his wife, both ro3lding at Southold, Suffolk County, Novi York,' VL� ,p n i ofthefirstpart.and� GEORGC AHLERS, residing at Cutchogtlo, Suffolk County,l�lj I V• y 01� Now York, and BA RBARA RUM, rosiding at 364 :cast 69th Street$ Now York, { H.Y., as tenants in common, O I patty of the second part, t' W ITNESSETIf,ant the party of the tirat part,in con'siden[ion of - - - - - - - dollars, a - TEN - ttl •. r lawfolntoueyoftheUnitedStates: and otIlor good and Valuable eonsidoration,plid by,the party of the second part,does hereby grmtt and release unto the pan}ai the second p?rt,the heirs or ' successors and aisigns of the party of the second part!ores r, PARCFL ONE: ALL that certain plot.piece or pateel of land,tvith the buildinbi:uld improcemer.ts thereon e:ecu'd,>ine,te, 1 lying and being i at Southold, in the Town of Southold, County of Suffolic an,l State of New York, bounded and described as follows: o - BEGINNING at an irn pipe-on the southwesterly lino of a proposed hiril- y way to be known as "Hill Road", North 55 degrees 41 minutos 00 seconds host, a distance of 110.0 foot along said southwostorly lino from a mono- � : moat at the northorly corner of land of Fraas; iron said ointofbegin- ning running along land of the party of the first part, South 21 degrees 52 minutes 00 seconds Host, a distance of 257 foot, more or loss, to thil • northeasterly edge of a dredged canal; thonco northwoatbrly along said canal and along the oontor lino of the old gutter boing partly alone of G: H. liolls Estate, dbout 750 foot; thence along said lend of G. H. '.Jells 3stato, North 30 dogroos 04 minutes 30 seconds ;lost, a distance of 261.18 foot to the northeasterly lino of ::ells Avonuo; thonco alone said northeasterly lino, North 30 degrees oil minutes 30 seconds :lo:[t, a din- tance of 58.45 foot; thence along said land of the party'of the first part•o South 88 dogrooa 52 minutos 40 aoconds Fast, a distance of 497.81 feet I:o the westerly lino of said proposod highway lmown as "Hill itoad"; thonc6 along said westerly lino, South 19 degrees 26 minutes 00 seconds :oat, a distance or 52.67 foot to said southwostorly line of said South 68dhiehway53thonco along said southwostorly lino, two courses: (1) utos 50 seconds East, a distance of 487.81 foot; thonco (2) South 55 do- groos 41 minutes 00 13oconds East, a distance of 119.14 foot to the point of boginning• PARCEL TWO' g and ALL that certain plot, piece or parcel ofGlo Day oftSuffolkyand State being at Southold, in the Town of Southold, of Ilow York, bounded and described as follo[as:- 6£GINNING'at a monument on the southerly lino of a proposed hi�lway to'bo known as uIlldfarm Head" at the northwesterly corner of lava of Filardi; from said point of beginning running along said land of Filardl, South 21 dogroos 06 minutos 10 aoconds *.lost, a distanncetofb185-0 lmotanfoot to as a monument on t)ao northerly lino of a proposed high orth y6 "Hill Road"; t onco along said northerly line to tinl+iron PIPO; thence h orth- 50 aoconds Wos�, t distance of 45.03 'Wedt01i.,aril,cove �b die r t Y r thsnae 8104 Bald t t+abtoP y li�sa i?Cf► li£� „d Bast►;a diate�caae dP 8t�itl3 #`s®t:.�e �'iVIVO"� . r 'tb^thtY#►igt►t<t *A �'aditldi" e'6t r�'+ � d$t€ a ' f t0 ilituile D14Lbdia'�ryd�lh�.ilgl�� xl . saidbhthea+ir 7faia aeud = �1 �i+l a �r'+d� Y 3 G 'haviidg a'r`i4fki tsPr3iB9"'i` b ,::d�t# Stbt�nC,� .1� 3'Fd4l. Fs d�tli� ' ]9 r �thande`I2):.gduth�b5"db sdt sg a4 y �' y�.7 �5'�ai#1�1t6a��CF�s��nhd ���t► a�iiiatlibod��i�'�`��''• IGF?!V�..f 4�ti'�i.�� �h0 pO'1.�Sf: 13i �3tlginIIi.Hil,'�.+: � .r: �.r ,, it 7� 'fO�T�iBR.x+ith"�`t�i�bt':•fi}�C-ira� dveix*'dldid pro�eddd�hig#iia�iya��td.ilb-''kti'&srri `. oe "MidParui'Roads:and "Ball RoadTM rt�aor the,premi�oe• to Ca1vaB Naalt Bbad. ALL that certain plots Piece or pavbol of laud, situ e.It lyres and bales at Southold is► the own of Southold► .County or Sufrol$ and auto Of Now Yvrkk'-6ouae+].and described-ae:PoX3vFes=- i BS(}MZN(i at a MCuL adnt au -the aavrtb6VII r_liho'of a proposed"hig�f" 'to be knot 'a8.rrii3dfAra� Road at thd-aa9t6rly ehd Of a CtWvo.Centiectiuig aafa,northorly lino tat tho,east02� -,11h0=of a"prgpeaod highua to- b6•1kdvwn as "8311 Riaaa ;.agid paint,aP b�aginuyiElgg:bblad the sbuth4aster?Yr c6ft6irr'cf laald oP,-I)e t; from ddid paint of bodinaii T r 17egctt Forth giag•along said' Ianda:bf ►• 35 t abd land of Fi h l-0: a d+duilddB East► h:`di8 &nee'of-146 01- raet to a°moriatmaxxt elrufl land dP Fibh'f t}itl�a6a'.aZnp as#d' ldrid;nP'F+3at�I 'Sauth 7�# dagrees 21'.minutea 20'dacosidd sadtj`d d1atiLh6 of.190.0.Peet-to 4ih. irwn pip6= thoxaoo d1otig4-laisd dr'Ba>'tlott,:Rdath 7 da�r�do 3b'(�nutve 0 eapnds..gast, a diatataa6 br.190a0°fbdt to dh;-roes-pupa dpd'•land=ar-ahriiidi tt{ance (�ltixug'eaid'latud, oi' Ba.d IoBt 841ith 12 dograad 01 aildito 00 satititidtl. . Washa•ai state°or~�35� i' at" b ei 'ilCai+tbei<l ii �.�P'r�� �€ tbaric$ dlot� -said lf�df®rtq #qa�3 g nortlSai+ly.,2ifitl► t1�+tcs•dt�ii��ed•rR l�186uth B8 d�grdds.$�}i Winutos.5d Seconds West,.d,didtddao-oP'.l�8aP8 last# theses (2}•iies$Ai+S on a ourvd to the tight 601hea: rad3roTs 71` 20C.d rdotj' a distdtice 6 9 ir3 - Toat; •thdnoo (3) Not- 65 dagtra99`05,f4ligitds;00 ba68asaa 4tofaty a.die ataca Of 237+94.'radt to•thij pctbt Of"beginn b ► : . ,t :' r�;.. TOUETFIBR with a right oP wd gg ,: . • ' n ar y over said 0t6pcaed:hlj#awdya� knb►h tie t Midrarm'•Raad and 9111,Rdad"*fllam that-.pPbaiieds to"Calliab,Nock- Pare pls.Two and Throo,and•ca4h pleb-:partaioia of.laroel.(ttao nhall bcf sublact to-thu i'o2loying dd�i(liasnts�aiid #raetriotipn�. 1. That -Bald premiaes•shall be woad-ox61uaiv'aly.for rosidential purpgaos ` only. , 2. That the vonstruobion Brad oroatiari ofs.bdW1ngs pT�.the pramiaes io. limited°to,ono one-t`am I rioeidoneo chlp or converati.nnsl.tgpe;. aaie $rigats t ' garage with sarvarats quarters construbt�ri or aredtod-3n aannootion Kiih the garage. 3• All sewage arising-Prom the use and-•beoupancyi orp:thp:promisai aliail kip disposed of In cesspools or in sopt4c 'tanks and no'outsxdo t Dilate`mall ba.,eroated•or maintainod. 4« No sewago or refusa of any kl6d staall bv'par�it'tod terFeaaaptyriaite, tea, ad aaant Waters and thQ grantees herein sgr©o to'keep adid watoxis and'ths land bbrdoHng on.said xatoia in rr6nt of .tYio'above ddaarlbod pVomIsoo rrso and'safe,thorofrom"slid Yioa-:traff'6ther dolbric; _ No horses, cows, cattle, goats, hogd► poultry-or ducks.shall be kopt. or raibsd oh said promises nor she any use bq made of said.premfsas :. which is arfahaive, unsightly, unhoalt3sy or tending to damage 1n-any;a*n., nor the adjoining property or to disturb the peaFe of-flue inhabitants' of; •, the noighborhood. 6. That said dwelling bouBe arocfed an 'said prokul cos shall-contsin'hot ldsd`than•1$00 sgdarb f'oet!on the ground flash, "16418 -placid and,sped- Pioatione or a dwolling house of a smaller size are approVbd 1n ixiltin by the pairtios of the first pdrt•br5thd1r'd€rs4gn8ai'' .prioi�'to`eifx�strnc ion of any building, the Plans-and specifications sho11 be submitted.to't140 parties of the first,part-•fnr.writt6ti="ppr'oval"andanstraiatioai`sttall_ be cammvnced until such written approval boa barn grantod, Stich-app"raval shall not be unreasonably withhold. '. All or any of the above covbnenis find restrictions may bo moditiod, altered or amullad as to the prominea dotbtibod horolh or as,to ahj-other neighboring-property Dow°or -formerly Owned by tho parties or the Pirst. . part at any time by written,a ooment br•dnd botiraen ttfe grantors, .•then+ dietributees or nosigme and the thou- owna" ;ter_utho ttmo-bd'hg.of:tlia promlecs• upon which,It 'is agrodd-tb amend► a for or'"auI sash-ocifonants.• and resttiotions afid:t1ddh.-agre6maAt--ObAll bo effF Ctual.ta;�rtddiPyy.rbltax�� •♦..i - .�.r;+.P r ..a .. (a '[a 3S::2 7r':�i�t.,.l7 fVr`fc i �Hf'.;• •. ' AM. MM trl A, t m'. . ....... ..... RDED -;j j r.m I Fi"r I'm L r'� 2.SONYAU S.0 T—I FA-520 tC—�) S-T..] 3.SpccJAdd. L,52 17 ksl—j TOT.MTC.TAX, % C-17 jkld I-Appt.� Tr-9tr Tm r, Sb T,4.1 MUND TOTAL .71 40 W vr CARY FLANNER OLSEN, ESQ. PO BOX 706 CUTCHOGUE, 'hI*M mentpage: % olk County Recording& Endorse 711:5 1)2gC r0rM5 p2rl of the 2ti3ched OECD Made by: A (Dcd.Mortg3ge,Me.) ul, E1171;NE BENSON. I he J.'erniors hmix ij silu.1ttl in SUFFOLK COUNTY.NEW YORYL INTO 1.th.TOWN of 6011THOLD UPRA COLL In the VILLAGE or ,AASLEToF ig 51 4A b % 43 w. Ftp: Ts� Cc 'A 1. ir MR.- r7 2 IP: Mull, V 64# 474,114 1 -11;�;A --10 ►j,1- wg Rp ` 1O t ."A W it I10,MI3 r= R %?KO F . -&. le M gi" % ilP N- l;tsil Mad J.. e- 14 ARA Mll ke i4 rts""M. .......... rA �it Y"'•Y. '.� ;� y� •' �t a.' •..<•:;�yY1C.�r'1 .;�..' •t!tr 'v � `'�'%t• .t :^.�• �..'�;.��.. ��d. r�'trt 1�( n: Y•'•�:tt"' ' .'ir Gh 'rw �1` .n•„�ti..�##tom C.�,k y�.'t ��' t�..•vim �+°�+'YtL'.�+'S'g+`'•s{: '�!�ti?' 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'+ f, Fj :?�•7�;_ ,�•'ik�+. �7nt}:,ty���!°P :Z$•T�.i`�;.y.Y:il..,st6 �::k���i.e: .�.i���j l"�G.}'' •r.�t•�;w4��• �`'y�'ti Y�ylji•�Ft.+ �`.�,�, "t,t} ,,,,,,•1'vFY r� t� 'tNY'�J1�!•`�' +;�`�-�i�,,��t�f3�t• .;��,>k;`�:�Y1� ;j.rT' i �''Ti.}l. -�C•t{:�J, � •,'�ti",��ya:y:�'. + }�+ :�1+rh.,"!✓+. ^� y25'. .F,...4• Y 'f�: �Y +(f:• ...�' �r`F}'J,• `'7'•+1 1 IIIIIIl1111 lllii Illll IIIII Illll llllf lill1111111111 Iifl ����, I illlil 11�1111111 I III illl SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of instrument: DEEDS/DDD Recorded: 07/30/2004 Number of Pages: 4 At: 10:57:16 AM Receipt Number : 04-0084587 TRANSFER TAX NUMBER: 03-54453 LIBER: D00012334 PAGE: 230 District: sections Block: Lot: 1000 070.00 04.00 022.000 EXAMINED AND CHARGED AS FOLLOWS Dead Amount: $0.00 Received the Following Faso For Above Instrument Exempt Exempt Page/Filing $12.00 NO Handling $5.00 NO C08. $5.00 NO HYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $50.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $50.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $147.00 TRANSFER TAX NUMBER; 03-54453 THIS PAGE IS A PART OF THE INSTRMCKNT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 1 2 RECORDED Number of pages 2004 Jul 30 10:S':16 nM edwrd P-P.Dmslne TURRFNS CLM DF Serial/ SLFFOLK WATV L D00012334 Certificate P 230 Df4 03-54433 Prior Ctf.y Deed.Mortgage instrument Deed J Mon gage Tax Stamp Recording/Filing Slumps 3 FEES Pagc J Filing Fee -- Sfortgagr:Amt. Handling I.DasicTaa 5>til 2.Additional Tax _ Sub Tbtag Notation Sper-f Assii. or F.A-5:I7 LCuun[yl Sub Tota(�^ Spce./Add. FA-5217(Simel TOT.MTG TAX Dual Town Ca my R.P.T.S.\. , Hs•k)for Ap(x+immcn Comm.of Ed. � w �� Tmnsry Tat Mansion Tas Affidavit The PrDP'eM enrYml by this motgage u Certified Copy .-`_ or -if( be impm,,j by a one or two (amify dwelling only. Reg-Copy --�_ Sub Total .. YFS or NO Other. If N0.W appmpriatr tax clmase on Grand Tad page Y .of Ou instrumect. 4 CaurierinpO Seaiva 070.00 Dlcrk 04.00 La Mal _..._.__. .., Y22.00 5 Communay Presenation Fund\ Property N032053 1000 07000 0400 022000 COrtlirlerationArnmo, S4 Tux Seri - S 1000 07000 0400 023000 Agency R C5E A CPFTaxOue S0 \ Veriamian L Improved X 6 SmUfxtu,NDueharpraALrlcase Lim W"nt Land Prtspersy Owners Mailing Address RECORD�Rk'TURN 70e •1.O C 1 ry Flaoner Olsen,Esq PO Box 706 TT) Catchogue,NY 11935 TD 7 Tffle Company ioformatlrsn Co.Naux None Tltle g.'vonc g Suffolk County Recording & Endorsement Page This page Forma part of the attached E�ecutgLs (SPFCIFY:i p-OF INSTRUMENT) made by: �strlc or I The Premisis herein is situated in SUFFOLK COUNTY,NF.W YORK TO In the Township or �yy�,ald David T Oer11n �----._ TA the VILLAGE ' or HAMI-Fr of Sou htd ROKES a THROUGH x MUST BE TYPED OR PRINTET)IN BLACK INK ONLY PRIOR TO RECORDING OR t7UXC, Lrscrl SCHEDULE"A" PARCEL I ALL THAT CERTAIN PLOT piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, designated as Lot I on Mnp entitled"Map of Calves Neck"and filed in the Suffolk County Clerk's Office on February 15,1972 as Map Number 5673. PARCEL II ALL THAT CERTAIN PLOT piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold.County of Suffolk and State of Ncw York,known and designated as Lot#2 on a certain map cntitled,"Miip of Calves Neel"told filed in the Office of the Clerk of the County of Suffolk on February 15,1972 as Map No.5673,bounded and described as follows: BEGINNING at a point on the southerly side of West Hill Road distant 156 feel easterly as measured along the southerly side of West Hill Road from the comer formed by the intersection of the southerly side of West Hill Road and the easterly side of Wells Avenue; THENCE South 88 degrees 52 minutes 40 seconds Last along the southerly side of West•I-fill Road; 100 feet to a point; THENCE South 0 degrees 46 minutes 00 seconds Last;200.fcct to.a point; THENCE-North 88 degrees 52 minutes 40 seconds West, 100 feet to a point; THFNCE North 0 degrees 46 minutes 00 seconds West,200 feet to the southerly side of-Wcst Ilill Road,the point or place of BEGINNING. SAID PRFMISES BEING COMMONLY KNOWN AS 1175 HILT. ROAD, SOUTHOLD, NEW YORK,11971. n„ 4, / certificate Is his genuine e1Lsnature. No seal is necessary to be filed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Beslv this 9th day of Janus 1939 (L.S. } RAYMON➢ L. WYCKOFF. Clerk Compared by; Cd tvl✓hc oP � urii) 4� Recorded F„b. 16,1939 O 1:P.N. lr (930.00 U.S.I.R.STAMP CAN.) THIS INDENTURE, made the first day of March March nineteen hundred and I thirty-nine, between MARGARET W. HARPER, of Southold, Suffolk County, New York, party of the first Part, and L. BARRO14 HILL and ADELAIDE H. HILL, his wife, of the same place, as tenants by the entirety, parties of the second part, WITNESOETH, that the party of the .first part, in consideration of ONF ($1.00) Dollar, lawful money of the United States, paid by the parties of the second part, does hereby gr nt and release unto the parties of the second part, their heirs and aseigna forever. ` ALL that certain tract or parcel of land situate at Southold, 1n the Town . , of Southold, County of Suffolk and State of New York, containing{ by est�lmatlon fifty acres be the same more or less, being all that tract of land known by the name of Celves Neck and bounded Northerly and Easterly and Southerly by the Creek bed]nning at the head thereof at the outlet of the ditch or run formerly of $en3a- piln L. Prince's land and ;thence running and being bounded by the said Creek until It comes to the head of booth's Cove formerly on called, then bounded southerly S through the meadow by the land formerly of Samuel Dickerson, thence westerly by th lands formerly of said Samuel Dickerson, again northerly formerly by the lands partly of J. "enry Cochran, Sr. , and partly by Benjamin L. Prince, then westerly by the meadow of benjamin L. Prince to the place of beginning. Also all such rlgh title and property as said party of the first part has In and to the bridge saross v : the head of Town Creek so called, the roadway thereto and the right of way over th same. Being and Intended to be the some premisea conveyed by George Harper, widower, to Margaret Wlnlfred Harper, his daughter, by deed dated June 4th, 1920, and recorded In the Suffolk Coucity C1Frk's Office In lloer 998 of deeds at page 456 on June 4th, 1920 at :.0 A.M. And this conveyiince is ms•le subject to two certain mortgu6o a now on the premises for $15,000. and held by Southold Savings Bank which the parties hereto o ; 3-� � � 3-3 •.3 MA ') CONSULTYOUR LAWYER BEFORE SIGNING,TNIS INSTRUMENT-JNIS-INSTRUMENT sNOULh r.E UI!); LAWYER :Hl� 00. • ! . •+' THIS INDENiUR tItldC.tl10,' •,Ulllc[Celt ItuHt11ted and S>;� 'BY 4 BETWM I '1 ,� (.Sy GiOR'GE AHME9S'rasiidi':fc u n me blzd Cos l.cck 'Road-'.. 1 ;Ciltchogue, St-f_o1k-Cot.rty, \ew York,.and IIARBA?1 nL•Y.c LDS �. i � ' nutber)rornprly .3ARB R? resicUng at' G le yiktw• o rortl �itr�ad; party of the first put;and f , AGNOR 'MS0il.and"SLA1Nt'•AE?\S0V; his wife' Toth iesiiiznr a t, at "120 Pampton aoulevard, •�lassapeuga New Yovk, is tenants in. comm6n, ea�liowniri c}•a Uri2 hair, •ant t.c5 t i r •''i j... f ;.. Part of the second part: I WANIU SUR,t6St the patty of the fiat pat.in consideration of- en Doll; and other ta�uabie con'iderauon fpaid by the pony of tbe•second part,does"by,grant nlnd release unto the pan of�he second put,tpe 1�etrs, + or successors and assigns of the patt,Y.of the second part toreyer, I ALL that ceniiti plot,piece or panel of lagd,IrJmC�1Qi4Hitj,'i0{,1C7Qi4)ElLtklnlidf,lt?LYtill�>�Ei4ift'siluam, •.i�', lyinjgand being in the town of•Sgtithdld, County of Suffolk, itnd State'of New York, -known,'and designated as'Lot No.,,2 on a• ce;r kaiq map 1; • l. :,t' entitled', "M•ap of Calves Neck" and-.filed •in the Office.-of j, ttie clerk.of the county of SuffolK on,>ebruary 15.• 1972', as Mafia No. 5673. II ' If .11 f• 1 ' f 9 y• - �� J. TOGETIIER with all-right,title and interest,if anr,of alie part)of the first pan.in and to au?strecisiand j roads:abuttin„the phove described pzeirthes to the cenier'lines thcraof;TOGETHER:.witii the apputtenaitces I�t alul'all'the.rstate•and'Tights,of tile'patty of'tile first'part iw.and to said premistsr'TO HA�"L' AirD'•,TO IfOLD the premises heron granted unto the party of the sewed part,the heirs ar'succcssors'au l`gssigos tj ' 1 the party of the second part forever. ' n . I 1 AND the party of the lint pin covcnants'that the part of,the first'part Ins not done*'or'u6mi.anyt tnig whereha•the said flreluirce have been eacumWred-in am•.w'ar ,whatever;except-as aicrsaid. AN 1 the party tit�ahe tint pair;iti compliance tyithSection f3 of'Ute Lien Lacy,coi eliar.w thdt t1:c pnr4 of I the first part will receive the con,idention for this convevante ai!d rt•1 I hold the right Ili receive such coll,i.l. ! cration as a trust fund to he applied tint for tm purpose of papin„tl;c cost of the hnp:oycnluit and will apply J .1 the same first to Ilse µaynnnt of the cost of the improrcluent befnrNusiag any parc'of the total:of the saine:or If any other purpose. The word-party'*;hall be cor.•trtmi V if it nad"p�niea'whencyer tl:e'011ie of this ilalenturc'o regilirc'.' l IN WrrNFSS WHEREOF,the party of the first part has duly esaauted this raced the day.and wear first above t written. 1 � 1 I I%rRESENCIt OF: i 'ROPGE AHLF'S' 1' L IS ^3t3.1RV;•. RE. G Pc•'for0er.7-7: t LUBI 5it''B:.R+ I� MUO awl Mir • VA .: 11 V, Z.- - - fA .4 ox A .1U ..4 IPI INK13100131 &I c M., St E$r7 NT\. ..V. ff.TJFM tx blongpic AmL. 1.8"c Tu i 7, 11:T Sub TrKil A� I spmJA&Lc. At ;t TOT. �4 MTG.TA_X 'q 0431 Town_DW _1fiJdfDiAppom;oc�j A T-1 T,4W6,T. • I IL q:V� 31"%"TAX :#1W7. -X �71 W.,'I 7. "41- fa-dy'd-ellicsK wry:' YES oe NO tee, LINO.we ipprv,,..tc t"o­ part 0 f this i.MM�L �T_dkCoirtpMT,1nrorjnADm min V !1 FIDELII�Y NATIONXI, TITLE Comp—y mame f ? 2017187 rslJc N—t- -7 oz% F E E PMJ)RY: C�A,_Ch-k Cb. P:. 1A06t., ANNER OLSZN, ESQ. GARY FL P,I�c­mc as R R PO BOX 706 A CLITCHOGUE, NY 11935 .4 J,ZI.M..; 1-1 t.A OR: MIU, W MINE! "p, MMUns t7i4"'v, 'Apt, K F "IVA M4 14 4 W-A 4V. C, 4-1 JJJ"'PPP � t i �' I 's,''�''�i ­Ui .0 111lIff!flfl 11111 III11 IIIII 1111!11111 I1111 111111111 IN I I!!II!IIIlI II111 ilfl III! SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS%DDD Recorded: 07/30/2004 Number of Pages: 4 At: 10:57:16 AM Receipt Number : 04-0084587 TRANSFER TAX NUMBER: 03 -54453 LIBER: D00012334 PAGE: 230 District: Section: Block: - Lnt: 1000 070.00 04.00 '022 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0•: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 BA-CTY $5.00 NO EA-STATE $50.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $50.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pre a $0.00 NO TRANSFER TAX NUMBER: 03-54453 Fees Paid $147.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County r,;a�, • 1 /Y q.r}•t .+{ ',D+ ��y'�. �L- F:" r'�1: �Fi:!•{� r.� y�JCyI•':''r 'l•'f",;, �' jr; .'. },� /,,�i 7f•try.i' �``�I�� ::��':*,,yy �r' �• ��, 1 F]F•ti�`Si' �;,'+A,•'4�. .�i Y �1.'[ ;l•�iY�� •r�I'�r a r • ?�•\�� •�'•.,{` �•''��•�� T�;jy .. {+ y � y�y� _k ,'t�. fA'•I•�'}[+l " ��,. i}� ,, ys�^f j� 4��' `�1.1�. •,, :�.i �•.�.Y� ' •� '7Y''.. ^w'. � ..+7p.S: wt �. •r� � . y.{',��1.• �� S-� at• ,.1+i ••,,vr.. ,S ,,. ..',.. 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'' ' 1 � r,-.'.�,- 1 ' •`,,'� '.fit'. .,�Sr'�•. `D .Ri s• vg �fr a• �w •,'�,,i��•� f;�a;1'.•r t• :'�••:l hF`�,;w�T• 2•j,,� �t t, •. 1, s• ��:1!!� �' i � ',:risks: ".":i.�i-a:,; : •� '�' fll�f �,p..: • t. 1i'1!.t:�i�:�;��i'•�;`'�I:••'ram� ig� r,1• /� ; L! 1 .I'.f..� A� 11.. 7i•" Y •:4:7�N +4 I I II[ff l 1111 Illfl IIIII I IIII Illf l II I I I IIII 1 1 1 III I I II!f II Illlf l f illl 11111 IIII fill SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 07/30/2004 Number of Pages: 4 At: 10:57:16 AM Receipt Number : 04-0084587 TRANSFER TAX NUMBER: 03-54453 LIBER: D00012334 PAGE: 230 District: Section: Block: Lot: 1000 070 .00 04.00 D22.000 EXAMINED AND CHARGED AS FOLLOW8 <Deed Amount. $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12.00 NO Bandling $5.00 NO CO$ $5.00 NO NYS SRCHG BA-� $5.00 NO EA-STATE $15.00 NO $50.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $50. 00 NO SCTM $0.00 NO Transfer tax $0.00 NO Cor- .Pres $0.00 NO TRANSFER TAX NUMBER: 03-54453 Fees Paid $147.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 0 X 1 2 • RECORDED 2004 3u1 30 10:57:16 RM Number of pngcs Eduard P-Ronaine TORRENS CLERK OF SLFFOLK WJ JTY Serial# L D00012=4 Certificate 230 ificarc# _ DT4 03-54453 Prior CIE# Deed.Mortgage lnstrumew L::Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. _ Handling 5 �_ 1.Basic Tax 2 Additional Tax TP-51Ft Sub Total _^ Notation Spec./Assit. w or EA-5217(County) Sub Total Sly/Add. TOT.MTG.TAX _ EA-5217(Statel Dual Town Dual C my_ R.P.T.S.A. iu'1 Hrld for Appnin[mcn Transfer Tax Comm.of Ed. ��� � Mansion Tax Affidavit i APzS The property caivrcd by this motgabc is or will be impror4xl by a one or twu Certified Cn(ry ramify dwelling ooiy. Reg.Copy Sub Total Y}S or.'NO If NO:sir appropriate tax clause onOther Grand Total page# of Ois instrument: 4 Disirict1000 Secaiun 070.00 Block 04.00 Lot 022.00 5 Communit Pmenation Fund\ Real Property 1000 07000 0400 022000 04032053 Consideration Amount S 4 Tax 1000 07000 0400 023000 �\ Trx Service GC39E CPF Tax Due S-0 Agency Verification lmpruved X Vacant[grad 6 Satlsfaaction/Discharge.,/Release List Prvpctty Owners Mailing Address / RECORD dt RETURN TO: TD Cary Flanncr Olsen,Esq. TD PO Box 706 Cutchosue,NY 11935 TD 7 Title Company Information Co.Name None Title#None 8 Suffolk County Recording, & Endorsement Page This page forms pan of the attached E.K ecutor's —mrtfe by; [SPECIFY TYPE OF INSTRUMENT) ,fate of 1 ora$�Coltln, The premisis herein is situated in SUFFOLK COUNTY,NFW YORK. TO In Its Towrrship of Souttiold Davidf)avld T—�l--Iln2a In the VILLAGE or HAMLET of Southid BOXES 6 THROUGH B MUST OE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR PILING. a 47 f 4 Slandird IN1'D'rtl Form 8005—Executor's Dad—Unlrorro Acknowledgement COtiSiR.T YotT*R LA%"'ER SEFDRE SK:\IIjG T11i4 tINSTRUF.IE�-r-T111S LNSMI;d1EN'T SNOIR.D BE USED 11Y LMMIS ONL1• } THIS INDENTURE,made the � day of �t1'_ . 2004 BETWEEN DAVID T. DEVLIN,residing at 1175 Hill Road,Southold,New York, 11971; and JOHN W. COLLINS,residing at 515 Watersedge Way,Southold,New York, 11971 as Co-executors of the Last Will and Testament of LORA S.COLLINS late of SUFFOLK County,deceased,who died on May 4,2003,Suffolk County Surrogate's Court File Number 10631`2003 party of the first part, and DAVID T. DEVLIN,residing at 1175 Hill Road,Southold,New York, 11971 party of the second part, WITNESSETH,that the party of the first part,by virtue of the power and authority given in and by said last will and testament and in consideration of TEN($10.00) -Dollars,paid by the party of the second part, does hereby grant and release unto the party of thc second part,the heirs or successors and assigns of the patty of the second part forever, , ALL that certain plot,piece or pircel of land,with the builditi and.i rovcrnents theqqp rrectetl,, situate,-lying and being in the SEE SCHEDULE `A'ANNEXED HERETO BEING AND INTENDED TO BE THE SAME PREMISES CONVEYED TO DAVID T. DEVLIN AND LORA S. COLLINS,NOW DECEASED,AS TENANTS IN COMMON,BY DEED DATED SEPTEMBER 25, 1996 RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON OCTOBER 7, 1996 IN LIBER 11796 PAGE 003 AND BY DEED DATED AUGUST 1, 2000 RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON AUGUST 18,2000 IN LIBER 12064 PAGE.275. TOGETHER xvith 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 ail the estate which the said decedent had at the time of the 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 individual,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 incumbered in any way whatever,except as aforesaid. a .. • ' • SCHEDULE"A" 'PARCEL I ALL THAT CERTAIN PLOT piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, designated as Lot f on Map entitled "Map of Calves Neck"and tiled in the Suffolk County Clerk's Office on February 15, I972 as Map Number 5673. PARCEL II ALL THAT CERTAIN PLOT piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the To Am of Southold. County of Suffolk and State of New York, known and designated as Lot#2 on a certain map entitled, "Map of Calves Neck"and filed in the Office of the Clerk of the County of Suffolk on February 15, 1972 as Map No-5673, bounded and described as follows: BEGINNING at a point on the southerly side of West Hill Road distant 156 feet easterly as measured along the southerly side of West Hill Road from the comer formed by the intersection of the southerly side of West Hill Road and the easterly side of Wells Avenue; THENCE, South 88,degrees 52 minutes 40 seconds East along the southerly side of West°Hil1';IZaad 100 feet to a point;. „ I: ; THENCE South 0 degrees 46 minutes'00.seconds East,200 fect1o.A.point; THENCE North 88 de gees 52 minutes 40 seconds West, 100 feet to a point; THFNCE North 0 degrees 46 minutes 00 seconds West, 200 feet to the southerly side of'Wcsf Ifill Road, the point or place of BEGINNING. SAID PREMISES BEING COMMONLY KNOWN AS 1175 HILL. ROAD, SOUTHOLD, NEW YORK, 11971. 0 %, r--, BOARD MEMBERS O��QF S�UjyOl� Southold Town Hall Leslie Kanes Weisman,Chairperson p 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycouffm Southold,NY 11971 http://southoldtownny.gov f 6, H\-,'M E ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 0 C T 16 2019 MEMO Southold Town Planning Board TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: October 15, 2019 SUBJECT: Request for Comments ZBA # 7363 Wexler, Donna 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 Wexler, 1000- 7363 February Art IV, January 16, Young and Donna 70-4-22 6, 2020 Chap 280- 2018 Young, Land & 23 1 118 Surveyors Thank you. Encls. FORM NO. 3 TOWN OF SOUTHOLD ✓tL BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: September 30,2019 TO: Patricia Moore(Wexler) 51020 Main Road Southold, NY 11971 Please take notice that your application dated September 19,2019 For a permit for a subdivision of merged properties at Location of property 1275 West Hill Road& 1175 West Hill Road, Southold,NY County Tax Map No. 1000—Section 70 Block 4 Lot 22&23 Is returned herewith and disapproved on the following grounds: The proposed subdivision to re-create two previously legal lots, merged by town law,in the Residential R-40 District,is not permitted pursuant to Article IV Chapter 280-18 which states "No building or premises shall be used and no build or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule" Bulked schedule requires a minimum lot size of 40,000 square feet. Following the subdivision lot 22 will measure 23,202 square feet in total size and lot 23 will measure 20,000 square feet in , total size. Southold Town Planning Board approval will also be required. Note to Applicant: Any change or deviation to the above referenced application ma require additional review from the Southold Town Building Department. e Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS [:$ Filed By: Date Assigned/Assignment No. Z:j ce Notes: House No. 1275& 1175 Street Hill Road Hamlet Southold SCTM 1000 Section_70Block 4_Lot(s)22&23_Lot Size 23,202 Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/30/19 BASED ON MAP DATED last dated 1/16/18. Applicant(s)/Owner(s): 1275 Hill Road: Donna M. Wexler, Trustee of the Donna M. Wexler Revocable Trust(98%)and Rodney T.Ouarty(2%) 1_1.75 Hill Road: Donna Wexler,as Trustee of the Donna Wexler Revocable Trust Mailing Address: 1775 Indian Neck Lane,Peconic NY 11958 Telephone:_ Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.com 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: Patricia C. Moore Esa. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: pcmoore&,,mooreattvs.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED FOR: E Building Permit-Area Variance for lot 22(return to lot sizes of subdivision map Lot 1 and Lot 2 of Map of Calves Neck at Southold. Map#6919. ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article_IV Section 280-18_Subsection_(bulk schedule)_ Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. (Area Variance for lot) ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal E has,has not been made at any time with respect to this property,UNDER Appeal No.5722 Year 8/18/05. (Please be sure to research before completing this question or call our office for assistance.) Waiver of Merger denied(economic hardship standard) Name of Owner: Wexler Revocable Trust ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: Tax Lot 22 has a 2 story garage constructed with a building permit (see #12 of requested submission packet). Pending determination of this variance, the garage would receive a certificate of occupancy as a single family dwelling. Tax Lot 22 is "Lot number 1" on the filed map of Calves Neck. This 23, 202 sq.ft. Lot is larger than tax lots 23 through 28 on Hill Road. The lots were created in the Map of Calves Neck at Southold and the lots were dredged along the water to construct the adjacent dredged canal. The canal was thereafter improved with a bulkhead. These lots are all waterfront lots with bulkhead frontage. The subdivision has been fully developed and the size of the subject parcels is uniformly sized and comparable to the improved lots in the Calves Neck subdivision and surrounding lots . (Exhibit A-Attached is a map of the subdivision which includes the address and lot size of all the parcels on Calves Neck.) Table 1 provided by Ms. Wexler shows the size of the neighboring parcels. This subdivision was developed with '/z acre lots. The larger lots on the end of Calves Neck (lots 45.5 and 45.) are a little larger because three lots were split between the two adjacent owners. These lots have been built with larger homes. The proposed area variance will re-establish a lot which is conforming to the character of the neighborhood. The area variance will return the parcel to the original size and allow the existing two story garage to be used as a dwelling. Each parcel has been developed independently and treated as two separate parcels. The two parcels have been owned by different entities and the area variance will authorize the separate use of each parcel as was intended by their separate ownership. The parcels continue to receive separate tax bills. The parcels have separate deeds, separate titles, separate transfer documents, and paid separate transfer tax and peconic tax when the lots were purchased. Lot 22 was classified as a vacant residential parcel. Ms. Wexler met with Suffolk County Real Property Office in Riverhead and she was informed that, according to the County, the two parcels are not merged. In addition, the Health Department recognizes each parcel as a separate buildable parcel. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The existing structure meets all the code requirements of a new single family dwelling. The existing structure would be more conforming to the character of the neighborhood as a dwelling then it does as an accessory garage. An application for a building permit to construct a garage was issued on 4/15/15 and construction commenced on August 24,2015 for an accessory garage with HD & DEC approval. After the garage was substantially constructed (foundation, framing, rough electric and plumbing) the building permit was extended but the building department required the lots to be merged. The owner began investigating why the lots had to be merged. Ms. Wexler, after months of investigating the alternatives and research, the building department issued the notice of disapproval that in order to convert the garage to a dwelling an area variance would be required. (3) The amount of relief requested is not substantial because: The size of the lot is '/z of the size required in a one acre (R-40) zoning district. However, it is conforming to all the other lots in the neighborhood. Calves Neck was developed in the 1970's when '/2 acre lots were permitted lot sizes. The subject parcel is Lot 1 of a major subdivision made up of primarily '/2 acre lots. The parcels continue to be taxed as separate parcels by the Town and have been owned by separate legal entities. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: This is one lot in a fully developed community/neighborhood with more than 50 homes. This lot has been developed with a building which has an approved sanitary system, complies with all drainage codes, and New York State Building Codes. The only impediment to a certificate of occupancy as a single family dwelling is the area variance. The assessors have considered the parcel a separate parcel and the Town has treated the two lots separately in determining the overall density of the community. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. The parcels were purchased by different entities,was denied a waiver of merger in 2005 under a different law which required proof of"economic hardship". That standard was changed by the Town Board because it was not fair and equitable. The Town Board ultimately removed "economic hardship" from the standards of "waiver of merger"law. However, because the merger occurred with the prior owner(seller) the revised waiver of merger law does not apply to the owner's facts. Nevertheless, the standards of an area variance are applicable. Are there Covenants and Restrictions concerning this land: E No. ❑Yes (Please ffirnish eoplv). 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. Check this box ( ) IF USE VARIANCE IS BEING REQUESTED AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure tu•Fonsullm r attorney.) / LSignature of Appellant or Authorized Agent p T/ (Agent must submit written Authorization from Owner) Sworn to before me this �J day of O�'j ,20_L2�_. Notfiry PLAAic MARGARET C RUTKOWSIa NOTARY pusuc,STATE OF NEW YORK Registration No.01 RU4982528 Qualified in Suffolk County My Commission Expires June 3, �3 Table 1 SOUTHOLD LAND LOT# ADDRESS I I LOT SIZE-ACRES SQ.FT. 22 1275 HILL RD.WEST 0.69 23 1175 HILL RD.WEST 0.46 20038 SF 24 1075 HILL RD.WEST 0.4 17424 SF 25 975 HILL RD.WEST I 0.4 17424 SF 26 875 HILL RD.WEST 1 0.44 19166 SF 27 775 I HILL RD.WEST 0.46 20038 SF 28 675 HILL RD.WEST 0.5 21780 SF ABOVE :ORIGINAL 7 LOTS '29 575 HILL RD.WEST 0.6 26136 SF 30 4751 HILL RD.WEST 0.5 21780 SF 31 335 HILL RD.WEST I 0.66 128756 SF 32 135 HILL RD.WEST 0.79 34412 SF 33 105 HILL RD.WEST 0.97 42253 SF ACROSS THE STREET 1290 WELLS RD.&HILL 0.67 129185 SF RD.WEST 1940 -HILL RD.WEST 0.57 124829 SF 34 600 I HILL RD.WEST 0.62 27007 SF 35 500 HILL RD.WEST 0.62 27007 SF 36 400 HILL RD.WEST 0.66 28756 SF S72 300 HILL RD.WEST 0.96 141818 SF 37.1 200 HILL RD.WEST 0.5 21780 SF 1 •f;;>>��t� ��vy .'r r7��y;)�C` ate/ �� +, f 1� •���`�\ ��L�`� `� ��' try . �r V•• n ••,,_U ` . }•S1 T From: Jesse Stein jesse.stein@coldwelibanker.com (d Subject: Hill Rd Lot Sizes-Southold Date: February 7,2019 at 8:31 PM To: diwexldr@yahoo.com Hi Donna, See the map below for the info you needed. Happy to hopefully have helped you! XO, Jesse r . �j� Ili'}•,' iC-K f�S r.�C '.4PTJ� `� f`. 1 Crrek iIA. Nlfl _ r' . :•ram 1' � `+C ,� .. . . Sent from my iPhone N1, AL -e A. 0 A W L 114 y K _. .�0.01 5" p V o `7 v\/ e, A% ZZ 1, C',J. F I L E 1) �5 _0 I PA W; Z .'STrR&L ALnERISCp, I.k*,:,of�.Vvzc 5 4CD F CA L OES NECK -Soo-mloe'o,"I Y, by".F fr sf ?CA&a1-ru.-veys completed 61, INYAU 'VAIER 11 XMTY -&j. V'I^f Y4-4,-Tow "W .7410 e rHoi C#� 5ou L SUFFOLK Cali I "d IA ;o "'I"s d'v elopr-le"r WOEPARTMEN VAN' jt'4 head P.Y_ - 5F_ 910 This is to Certify lh3l the propo.cd artang—enIs jor*ate(�,JPPIJ r VNId sewage disposal far___CAKVE5L_N.ECX_ el;.:4"SeNc. Sic., ��po,'I;P,.-4 ito lki 41d1'.1ro4drHW&0--.Wd,6 r I'm abooft dAl,. r�jj)pqjI V,A be"JA 010 11 I/ "­ ;x ksttWo.d jlzr%";Ilf 3:W It i"'e"' *1 .1clice LVAM v4<..p:0,4 IAkm bear I,closee. gIrn I 11 * "l'Ml"C"I 'I 11,ah Aqq'q":,d.. in rfixt of the N.4 W Id.j..A 0, 7NU hi 3 s};. �': ,._ .... .. -... _ ��. � .x.'. ti:,"j„ _ _ELT•-•—f-. .S;l. �,,. , `4.. ..v:`<l._... O 1Z ►� a� M/oF�R Q� r,a) 0. G�- N, � '�, / 34 0 � RD. C Q� t,r) r ) WEST HIL.1,. RD. (So) �w zi 39.1 a> 1Oie rm) , \22 ' 23 24 25 H/(a' 36 $ 38 1.1A(c) J A ^ '17 ?e RO ��cJ ''b .P�Qv ''k► 50 too Rl ^ Nq ' F ., 21 00 lg y \ 0 N� �} o 3-4 3y ` 6 N fib1� �' a 45.5 1 1• ,Q, to'•• Yi o 1.2A OP 1s �'`' � . 15. ` AIR ty � 13�o� la) 0. 1 taz N-OF a1 _ 274 OP SO Iv 9 ri, rr. 19.11 v a $ �� ��- ,c b M A2 ,tl ` K 1.OA(c) 19.4 262 28 , `� 3 �) ,03 -� - 30 (501 tt z 17 18 19 20 21.2 21.1 1.OA(c) 1.OA(c) 1.3A(c) Q 16?+ •- - Y ,.C�r S I j �• ..d _ Flo APPLICANT'S PROJECT DESCRIPTION �' ). �' t5 c APPLICANT: 1.`t�C1�'1��/V].��y��; �..; DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: N;Cvr:c'_ II.New Construction Areas(New Dwelling or New Additions/Extensions): fnyw(;t vcvyilv�L" Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) LL ,, (Attach extra sheet if necessary).Please describe building areas: l���F Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): N!j Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: VI.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): r 1 Lrr Please submit 8 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 A. Is the subject premises listed on the real estate market for sale? Yes _)�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? pie 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? yes . 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? /1�j A Please confirm status of your inquiry or application with the Trustees: A!1.0- 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? N E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? t1jo Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? _If yes, please submit a copy of your building permit and survey as approved by the Building Department and lease <.'-�.() describe: FF5 CL,r►A 05(4CU-►CA V .f_I � " 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 land adjoining or close to this parcel'? - If yes,please label the proximity of your lands on your survey. (cc) otxw e I. Please list present use or operations conducted at this parcel H C:U�­6 tin L-c-A-Z. m `c+ I and the proposed use C1\,V 'c &-►n (ex: existing sin le family,proposed: same with garage,pool or other) Aut'horiz signature and Date SOUTHOLD TOWN and DEPT. OF HEALTH INSPECTIONS: 4/15/15 Building Permit 4* y y (o 8/24/15 Foundation 4/8/16 Foundation Location 2/7/17 Survey - Strapping 1/17/17 Rough Electrical and Rough Electrical Cert. 3/17/17 Building Permit Extension (# W)4 3 Q 9/26/17 Pressure Test, Final Electrical, Dept of Health Inspection 10/26/17 Final 8/15/18 Certificate Dept. of Health - (Amy) •J TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 39679 Date: 4/15/2015 Permission is hereby granted to: Wexler Donna M Revoc Trust $ Iglesias, Gertrude 1175 Indian Neck Ln Peconic, NY 11958 To: Construction of an accessor y garage as applied for per SCHD and DEC NJ Letter. .i At premises located at: .f 1275 W Hill Rd, Southold SCTM # 473889 Sec/Block/Lot# 70.-4-22 Pursuant to application dated 4/2/2015 and approved by the Building Inspector. To expire on 10/14/2016. Fees: ACCESSORY $872.80 CO -ACCESSORY BUILDING $50.00 922.80 Building Inspector TOWN OF SOUTHOLD APPENDIX E: BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY 1 , BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 41436 Date: 3/17/2017 Permission is hereby granted to: Wexler Donna M Revoc Trust 1175 Indian Neck Ln Peconic, NY 11958 To: Lots must be combined before c/o 70-4-22 and 70-4-23. Construction of an accessory garage as applied for per SCHD and DEC NJ Letter. At premises located at: 1275 W Hill Rd., Southold SCTM # 473889 Sec/Block/Lot# 70.4-22 Pursuant to application dated 3/17/2017 and approved by the Building Inspector. To expire on 9/16/2018. Fees: PERMIT RENEWAL $436.40 Total: $436.40 Zfb� r I it spector ::�oifFoc,Y�o_. TOWN OF SOUTHOLD o BUILDING DEPARTMENT o� ? � TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43729 Date: 6/8/2019 Permission is hereby granted to: Wexler DM Rev Trt 1775 Indian Neck Ln Peconic, NY 11958 To: Lots must be combined before c/o 70-4-22 and 70-4-23. Construction of an accessory garage as applied for per SCHD and DEC NJ Letter. Replaces BP#41436 At premises located at: 1275 W Hill Rd., Southold SCTM #473889 Sec/Block/Lot#70.4-22 Pursuant to application dated 5/8/2019 and approved by the Building Inspector. To expire on 11/612020. Fees: PERMIT RENEWAL $436.40 Total: $436.40 Building Inspector dew York State Department of Environmental Conservation AdIrAkIL Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 Phone:'(631)444-0365 • FAX: (631)444-0360 Website:www.dec.state.ny.us Denise M.Sheehan Acang.Commissloner LETTER OF NON JURISDICTION - .ARTICLE 25 November 21,2005 Ms. Donna 1. Wexler 200 Castle Bill Road Cutchogue,NY l 1935 Re: Application#1-4738-03511/00001 1275 West Hill Road, SCTM# 1000-70-4-22 . Dear Ms.Wexler: Based on the information you have submitted and a review by.our technical.staff, the Department of Environmental Conservation has determined that: The property landward of the bulkhead greater than 100 feet in length and constructed prior to 8/20/77 as shown on the survey prepared by John C. Ehlers last revised 08/03/05 is beyond Article 25.(Tidal Wetlands Act)jurisdiction- Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661)uo permit is requited. Be adsise , no construction,sedimentation, or disturbance of any bind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above,without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration pr disturbance to the ground surface or vegetation within Article 25 jurisdiction Such recautions may include maintaining adequate work which may result from your project. p and our ro ect(i.e. a 15'to 20'wide area between the tidal wetland jurisdictional boundary y P j construction area) or erecting a temporary fence,barrier, or hale bay b Please note that this letter does not relieve you of the resp ibili of obtaining any ecessary permits or approvals from other agencies or local munici i Si erel , ohn WI and Permit Ad ' 'strator cc: BMHP file TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 secs of Building Plans T�+E���aLe:(631)765-1802 it. Planning Beard approval -VAX;(6 1i+-76$0502 ,n :, Ver t:�,,.21. •�_�.,. Sur:cy SoutholdTown.NorthFork.net PERMITNO. G� ! Check Septic For-; N.Y.S.D.E.C. Trustees- CO.A .ication -- Examined_ .20_ Single&Separate Stone-Water Assessment Form_ Cootan: M. f- 'CA L^1r Approved .20_ Mail to:4 J 17-J to Disapproved We M�^ s7VLIC{ iVy�14rt _ Phone:(on-2°1>j-Z�w Expiration 20 ' n Building Inspector f t I PLICATION FOlkV6i 611NG PERMIT APR -Z 5 i!_J�' r .• 1 ' , .. Dates .\ 20 11�' INSTRUCPIAi a.This application. pictely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings,gitpremisez,relationship to adjoining premises or public streets or areas,and waterways. c.The work cp9ered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the prcrpises avai;ablc for inspection throughout the work. e.No bui Iding shall be occupied-or useA in whole or in part for any purpose what so ever until the Building Inspector issues s C,e{tiflcateDLOccupancy. "r'. .t•s'.i f't4evZ building permit shall ex`0re'TtPe%reauthorized has notcofW4t ctd}irrltin 12 months after the date of isstlaiici 8r has not liven completed such date.Ifno zoning'atltendmfiVor 6thei regulations affecting the r'propeity h2ve 6een;ehacted in the interim,the BuiMpgch4ector may authorize,+in dfltlrigeihe extensidn of the permit for an addition six months.Thereafter•a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department forthe 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 promises and in building for necessary inspections. A o (Signuure of appliW f or name,if a corpo:anion) r i Kt -7-0,8 -2ZSo (Malling address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contrwtor,electrician,plumber or builder Ce ft^ NM a 0 ►-\C-V, .S s;rn 5 qS\J .y .Con.. ) Name of owner of premises L- (As on the tax roll or latest deed) r` If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of 1 on which proposed work will be dgne: t?"7, =1 ESN\ CZ-Oa-+ 's W House Number Street } 1 Hamlet County Tax Map No.1000 Section -7 n Sint rn.• Lot 2 t Ymu00 alcta,e W h..n.., Su, Sion Filed Map No,_Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 541 4 M.T^� sp\I v�, b. Intended use and occupancy LnWM -5 e-. C arc Cher f b��� x pool 6-im 3. Nature ofwork(check which applicable):New Building TC, Addition Alteration Repair Removal____Demolition Other Work 'r (Description) 4. Estimated Cost- :7 t Oo o Fee (To be paid on filing this application) 5. Ifdwelling,number ofdwelling units Number of dwelling units on each floor If garage-.guttbeSpf ors 1— 6., if busincss,00inrRgrcill'or mixed occupancy,specify nature and extent of each type of use. 7. Dittfmigr>,sgfktytutgMctures,ifany:Front 14-'ro Rea� Depth Z'13-0 Height avt' Number of Stories 1 Dimensions of same structure with alterations or additions:Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front 7-V'1 D Rear Depth Z(3'O Height 1-k-L Number of Stories - Z �" ' J 9.Y Size of lot:Front Z 6'y Rear 1 V9.3 Depth 'Z 61 0-v 10.Date of Purchase Name of Former Owner 11,Zone or use district in which premises are situated 9-4-u 12.Does proposed construction violate any zoning law,ordinance or regulation?YES_NO k 13.Will lot be re-graded?YES_NO X Will excess fill be removed from remises?YES X NO L.r e)}-1-4 Tt('� — 14.Names of Owner ofpremises)on el—WRfi\CI Address $av)'�o)J Phone No.(,3\-$39-1000 Name of Architect Addressn A 1-t< Phonc No (n3 1-714-4rJb Name of Cori trac tor'iV r. 61�as 3..a Address . o l et Phone No.�/6-Al>-7 1-7 g 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?"YE9_k­N0�C 'IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?•YES_NO_ IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,-with accurw%fdundation plan and distances to property lines. f1 d�o(ptva`ipn�tdnLC poi�iCnn property i;at l OA-ct or below,must provide topographical data on survey. 18.Ate there any covenants and restricttoas with respect to this property?•YES_NO 7G 'IF YES,PROVIDE A COPY. STATE OF NEW YORK) COUNTYUF l � VLfLA`rC9.0'irJ.+-0 7 ZA being duly swom,depost s a5d lityylihai(s)he Is the applicant ' (Name of individual signing contract)above named, (S)He is the A�� (Contraro:.Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth In the application filed therewith. Swom t be Core me this �/ da of h N0t4tY 1�ublic AWE D.BUNCH Signature of A I cant NOWY RC�o>�d Nnr Ywk J 6n PP hlo.0ltillEttiB060 QsrMbd t#dtdt�t�Y��s FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Soutbold, N. Y. Certificate Of Occupancy No. Z5490 . . . . . . Date . . . . . . . . . . . jept. . .26. . . . . .. 19. 73 THIS CERTIFIES that the building located at . .We St. $i].l• Road. • • • • • • . . . Street Map NoPOTOP. 40:Block No. . . . . . . . . . .Lot No. 2 . . . . Southold, _ H.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . March . .4. . . ., 19.72 pursuant to which Building Permit No. 5732Z . dated . . . . . . . . . . . .?fir . . . . . ., 1972. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . P.117ats .QUO .Tastily. aVelliU& . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to .Apgar.d. Elaine . .De-axon . . . . .(--�irnars. . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Aug . .27. . .1973 . .by. .R. . Villa. . . UNDERWRITERS CERTIFICATE No.111.14410 . . .$Ppt • • 13. . .1973 . . . . . . . . . . . . . . . . . . . . IIUUSI. NUMBER. . .1175• • . . . .Street. . .Hill. Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. �- Building hispek:tor I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32652 Date: 10/04/07 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property: 1175 WEST HILL RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 70 Block 4 Lot 23 Subdivision Filed Map No Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 17, 2006 pursuant to which Building Permit No. 32220-Z dated JULY 19, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATION & DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DONNA WEXLER (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A El CTRICAL CERTIFICATE NO. 113828C 07/24/07 PLUMBERS CERTIFICATION DATED N/A Aut oriz d Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31721 Date: 08/03 06 THIS CERTIFIES that the building ALTERATIONS Location of Property: 1175 WEST HILL RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 70 Block 4 Lot 23 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 18, 2006 pursuant to which Building Permit No_ 31765-Z dated FEBRUARY 1, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DONNA WEXLER (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF BBALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 2089258 06/26/06 PLUMBERS CERTIFICATION DATED 07/27 06 PECONIC PLUMBING & HEAT. Authorized Signature Rev. 1/81 -MA f`' Sf A- pd- STOP WORK ORDER TO: Donna M. Wexler Revoc. Trust & Gertrude E. Iglesias 1175 Indian Neck Lane Peconic, New York 11958 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1275 W. Hill Road, Southold TAX MAP NUMBER: 1000-70-4-22 Pursuant to Section 144-12 a b of the Town of Southold, New York, you are hereby notified to immediately suspend all construction until this order has been rescinded. BASIS OF STOP WORK ORDER: Building Permit issued in error due to misrepresentation of a material fact CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When the Zoning Board of Appeals has granted a variance or the structure has been removed. FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WITH THE APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE, IMPRISONMENT OR BOTH. DATE: January 12, 2016 Peter Doherty Code Enforcement IT SHALL BE UNLAWFUL TO REMOVE THIS NOTICE WITHOUT WRITTEN CONSENT OF THE ISSUING AGENCY. pF SO�lyolo Town Hall Annex Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 P.O.Box 1179 G� Q Southold,NY 11971-0959 co IM, BUILDING DEPARTMENT T F SOUTHOLD REVOCATION OF BUILDING PERMIT TO: Donna M. Wexl & Gertr . Iglesias 1175 Indian Neck Lane Peconic, New York 11958 YOU ARE HEREBY NOTIFIED THAT YOUR BUILDING PERMIT IS REVOKED AT: 1275 W. Hill Road, Southold, New York S.C.T.M. 1000-70-4-22 Pursuant to Section 144-12(a)(b) of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities. BASIS OF REVOCATION ORDER: Building Permit issued in error due to misrepresentation of a material fact. Failure to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: January 12, 2016 Peter Doherty Code Enforcement (cert. mail) 7b _ublcc, HeAr. �'3►4-cf�.CGSiM�-sP APPEALS BOARD MEMBERS ��10F S�UliyO Southold Town Hall Ruth D. Oliva.Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY l 1971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �OQ Town Annex/First Floor.North Fork Bank Michael A. Simon ��,��'4UN1't 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://.-,outholdtown,northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD /:00 0047 Tel.(631)765-1809•Fax(631)765-9064 S P . FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING OF AUGUST 18, 2005 ZBA Ref. No. 5722—DONNA WEXLER(Former Owner,DAVID T. DEVLIN) Street& Locality: 1175 and 1275 West Hill Road, Southold County Tax Map ID: 704-22 and 23 (combined/merger) Zone District: R-40 Low-Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area as combined (together) of approximately 49,900 square feet, identified as 22 and 23 on the Suffolk County Tax Maps, District 1000, Section 70, Block 04. The land is improved with a single-family dwelling situated 120+-feet from the northerly front lot line at West Hill Road and 32+-feet from the easterly side property line, as shown on the February 15, 1972 survey prepared by Roderick VanTuyl & Son. The property is located in the R-40 Low- Density Residential Zone District which requires a minimum lot size of 40,000 square feet. BASIS OF APPLICATION: Article Il, Section 100-26, based on the Building Department's April 26, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 22 and 23 are merged pursuant to Section 100-25,which provision states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The easterly portion, referred to herein as 'CTM 22' is proposed to be separated from the westerly portion referred to as 'CTM 23.' Each do not meet the code-required 40,000 square feet in this R-40 Low-Density Residential Zone District and would be nonconforming with an area of 29,900+- square feet for CTM 23 and the remaining 20,000+- sq. ft. for CTM 22. Not only would they be nonconforming in size, but new nonconformities would also be created for the applicant's existing dwelling location (single side yard less than 10 feet and setbacks from the existing rear lot line and bulkhead (ref. 100-239.4B and 100-244). ZONING CODE, SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. Page 2—August 18. 2005 , • Appl. No. 5722—David Devlin, Donna Wexler CTM 70-4-23, 22 (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. A waiver would result in the creation of a nonconforming lot that is oddly shaped and out of character of the neighborhood. The southerly (rear) dimension is only 40+- feet wide, narrowing down to 25+- feet along the bulkhead and dredged canal. Other lots in the neighborhood consist mainly of 100 ft. rear lot width dimension, and no lots have this type of configuration. 2. A single and separate search was issued April 20, 2005 by Peconic Abstract, Inc.The search shows that the premises (CTM 22 and 23)as merged were owned in the same names, or common ownership and without single and separate ownership since the 9/25/1996 transfer of CTM 23 and 8/1/2000 transfer of CTM 22 to David T. Devlin and Lora S. Collins. 3. The property has been in common ownership with a merged area 50,786 sq. ft. since 8/1/2000 and continuously to the present date. Information was not submitted to show planned intentions to avoid the merger, or to make application to any agency for a dwelling. The merger was intentionally placed when the transfers were formed by common ownership. 4. Information was submitted in behalf of the new owner during the July 7, 2005 hearing that a second home is proposed for her mother at a time when family is needed to be close and for daily medical care. (As of the date of this decision, a Special Exception application for an Accessory Apartment in the applicant's existing home was not requested.) 5. Proof was not submitted to show that a waiver will avoid an economic hardship. The town's assessment records show that the current owner in 2005 acquired the land by deeds, noting a sale price of 1.275M ($945,000 and$330,000). 6. The record does not demonstrate proof that there were good faith intentions, since 2000, to separate or maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build a separate dwelling on the vacant lot for over 40 years, until a contract of sale was entered into between David Devlin and Donna Wexler to sell CTM 23 for$330,000. 7. There also was no proof demonstrated to show the value of the property as exists with the merger to support applicant's claim of economic hardship,except for the 2005 real estate transactions. Page 3 —August 18, 2005 Appl. No. 5722—David Devlin, Donna Wexler CTM 70-4-23, 22 8. There is no proof demonstrated in the record to show that the westerly portion of the applicant's property was maintained separately for purposes of building a new single-family dwelling. 9. Neighbors testified as to their understanding, that the property was used by the owner of the existing dwelling, and not planned or proposed in the future for a new dwelling or as a separate building lot. 10. The parcels were intentionally merged. Applicant is not obliged to sell to someone with a desire to unmerge the properties. 11. To create additional lots that do not conform to the zoning requirements and that have been merged with adjacent properties for a continuous period of time will result in increased number of dwellings, increased traffic, increased water and sanitary demands, and other related environmental effects. RESOLUTION/ACTION: On motion by Member Simon,seconded by Chairwoman Oliva, it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 70-4-23 from CTM 70-4-22. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando and Simon. Nays: Members Goehringer and Dinizio. This Resolution was d dopted (3-2) .Lru , K . nQ,, RUTH D. OLIV . CHAIRWOMAN 9-14-2005 Approved for Filing 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. 1. Name of Applicant: iLc taT 2. Address of Applicant: 1 S — ivn r ' 3. Name of Land Owner(if other than Applicant): f�-z i - 4. Address of Land Owner: 5. Description of Proposed Project: \di sr tin Iola >r_ � 6. Location of Property: (road and Tax map _ number) )275- Hill I t 75 r 0 7. Is the parcel within 500 feet of a irarm oper•ati n? { } Yes { "No 8. Is this parcel actively farmed? { } Yes K o 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 1. 2. 3. 4. 5. 6. (Please use the_back.o his page if there are additional property owners) Signa ure 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. 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 _ D - M W t"16 +'', R<`x)n 1 ' va�✓f-� Name of Action or Project: Project Location(describe,and attach a location map): IZ 7,.:;- l 1`7S P- i I J Qc soa-tpI J Brief Description of Proposed Action: v /Yl ' !V �l `-" G VC2.�CC1'Y(�'� f Name of Applicant or Sponsor: Telephone: 7 'tearmcA �1 IJ�Iu►c I�r �T� � nnu �� E-Mail: Address: _ I( -cr City/PO: State: Zip Code: Poe c_ Nei 1 (�s� 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: F/ 3.a.Total acreage of the site of the proposed action? 1 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. � ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial el esidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ✓ b.Consistent with the adopted comprehensive plan? L-'f �J t V'S t o'VJ ✓ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES i, b.Are public transportation service(s)available at or near the site of the proposed action? N c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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: t! 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the 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? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 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 squ re feet or acres: ,�i�Uk h.�ct�6• (��c �h Cox nW 14. Iden�tify 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 0Suburban 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? V1*' 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? CI NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: p410❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 1 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: 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: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponso am . OGt�V�C�c� bU/ti Date: 1p/ j 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 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the 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 an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: 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, architectural or aesthetic resources? 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 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-tern 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. 1_1 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 Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) DONNA M. WEXLER, as Trustee of the Donna M. Wexler Revocable Trust and Rodney T. Quarty as owners of 1275 Hill Road, Southold NY (sctm: 1000-70-4-22)hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals DONNA ."WEXLER Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) DONNA M. WEXLER, as Trustee of the Donna M. Wexler Revocable Trust as owners of 1175 Hill Road, Southold NY (sctm: 1000-70-4-23) hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals Uw • �. DONNA M. WE ER APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: QUARTY,RODNEY T. WEXLER,DONNA M. AND MOORE,PATRICIA C. (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 or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a 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 day of Signature: A C/ atricia C.Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", 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.northfork.net), the Board of Trustees Office, the Plaxming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 70 �,�cs Vcp.�rcvl�c/ — �,��i✓� ldl� curl The Application has been submitted to(check appropriate response): Town Board E Planning Dept. E Building Dept. El Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: ,`_ + 1 Lot" l * Lot Z o^ Aja 1� ai rr Ives N eC�ctX ,,.�Llj7he l 0� L& 1 /"-610 s a at fzrins 5 wa(,- Location of action: it .7 5 t ` (ZMC1 s. Site acreage.: G.c,+2 Cuvlcl f S rnCY-e- . Present land use: qa Y�e A; ' t-1 ou S�e Present zoning classification: Q- 4n 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: 6 h n c: M We,%l e , 'Tf%j' Ac p c�L'1nCt tit v � ,j�r�2WOCt tPA-T�l (b) Mailing address: 17 7,�-- Cj t[A h Nv-c.:k. (c) Telephone number: Area Code( ) C`Ko PAT 6j"jt - 7(o5 - 4330 (d) Application number, if any: Will the action be directly undertaken, require funding,or approval by a state or federal agency? Yes ❑ No© If yes,which state or federal agency? 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. 0 Yes ❑ No ❑ (Not Applicable- please explain) a v, S(1 `v)S f cm 1Ack n - C-C-V Wf�- Ky c-I c-.. �V� N��n n �� �yt�-�. �{� C v v 4,-c Aa a_E21-P S (z e CAS J f ����1 � Z Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® (Not Applicable-please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes [a No [X (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes E' No Lr_i (Not Applicable—please explain) are Aafn oo _l,l '(lcQ s S ae Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes E No ® (Not Applicable—please explain) c Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Lrl Yes CrJ No[X (Not Applicable—please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No® (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No � (Not Applicable—please explain) 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. ❑ YeEl No L/N (Not Applicable— please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No N (Not Applicable—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No Lill Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No N Not Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑j Yes ❑ No VN Not Applicable—please explain rya I. •1✓ :'t •.. ••i���Pi1Y1 • J' 74M; i jo P.•'cLilb = r ��� ,,,, �f.Ztt i,• "•:is�?+r.14k. �-...,✓t ` ni..�t{}�:�y : ����~�••?�,v"' ' � �- .sS` v�rr.7ilo ~, .v. •^.'."^ ? 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T L= /) C� TOWN OF SOUTHOLD PR � � • dVNER STREET 'Z• '7 VILLAGE DIST. i SUB. rfi'u �X er1 Sias Uv :f �1 0 7��i d /a/, -W .f:�.. �.�'.< < : S,� ✓ ,, :)RMER.OWNER f(Va T v 1 Ji ')2 LpY ,�. �/l�I N E ACR- 0910 (f I na— n-,--n1 AOro S.('o((wrs S W TYPE OF BUILDING SEAS. �L V ARM COMM. CB. MICS. Mkt. Value LAND IMP. s TOTAL DATE REMARKS 7 ,W L- o T a o v / o o ✓ /��/ ,Z Z H,�e 22 Sae - 70 / �,s�s.-7a- �q��� '. ca,s's o i✓ r0 ,0 A. o o 3 7�7 ackeKLT ✓ y /17q� y _5 �, c�c�� F �a� ✓ �?/Z. 'all ,Do -L 12O��,o 7-75-C ((rt7 s — � 0 L 1233 Y Z30- V��� YI' 7 7- Q �llGl3(o - ccG ssoY Iloble FRONTAGE ON WATER oodland FRONTAGE ON ROAD eQdoykpMd DEPTH wse Plot BULKHEAD ►tal • SCTM # TOWN OF SOUTHOLD PROPERTY RECORD CARD 1 STREET 1a VILLAGE DIST. SUB. LOT -f rOW-NE R D \, ACR. REMARKS va- TYPE OF BLD. PROP- CLASS 3\ --,- LAND IMP. TOTAL DATE cG 00 1 'b 00 a. a. �v L a3 1 2, 6 oa 3 ,3 C0 1 i g --- FRONTAGE ON WATER HOUSE/LOT BULKHEAD i TOTAL f �720. ,t .. 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