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83 Oka AA li.14z - i APPEALS BOARD MEMBERS �QF so Mailing Address: Gerard P. Goehringer, Chairman �p`� �1 Southold Town Hall 53095 Main Road •P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 4tiJames Dinizio,Jr. G • Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOUNT`1,Nc�' 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED -'- TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631) 765-9064 JUL 2 2008 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF JUNE 16, 2008 SOUthOld Town Clerk ZBA# 6158 —Application of MICHAEL JUDGE Property Location: 13007 Oregon Road, Cutchogue CTM 1000-83-2-11.14 (also formerly referred to as part of CTM 83-2-11.10) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a reply dated May 28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant countywide or inter- community impact. LWRP EXEMPT: This application is exempt under Town Code, LWRP Section 268-BB, since no natural resource feature was found within 100 feet of the buildings requested under this zoning variance. PROPERTY FACTS/DESCRIPTION The subject property is a conforming 3.43 acre parcel in an R80 Zone and is improved with a single family dwelling and accessory garage under construction. The lot measures 277 feet wide along the southerly property boundary fronting on Oregon Road, 270.71 feet wide along the northerly boundary along the high water mark of the Long Island Sound, 707.61 feet deep on the easterly boundary and 704.33' deep on the westerly boundary, as shown on the survey by Young and Young dated January 30, 2008. r t Page 2—June 16, 2008 ZBA#6158—Michael Judge CTM 1000-83-2-11.14 BASIS OF APPLICATION: Request for Variances under Section 280-15, based on the Building Inspector's April 7, 2008 Notice of Disapproval concerning an accessory swimming pool and accessory pool storage building, proposed in a side yard rather than the code-permitted location in a front or rear yard. RELIEF REQUESTED: The applicant proposes to construct an accessory in- ground 28' x 14' swimming pool and 6' x IT hot tub, and an accessory pool- storage building measuring 14.38' x 13.69' x 15.4' high, and pergola, all located in the westerly side yard, as shown on the January 30, 2008 site survey. ADDITIONAL INFORMATION: The accessory (pool storage) building will contain a half bath, changing room, bar, refrigerator, sink and dishwasher. There is no indoor bath or shower facility, heating or air-conditioning, and the owner's plan is to use the accessory building seasonally for pool-storage (and not for sleeping quarters or dwelling.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 29, 2008, 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: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lot is very large, and is heavily wooded with no visible neighbors. The proposed structures all have conforming setbacks to the side property line, and if attached to the house would meet all required setbacks and locations. The proposed accessory structures are in keeping with other buildings in the area. 2. Town Law §267-b(3)(b)(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 there are Covenants and Restrictions on the property prevent any construction and structures being built within 150 feet of the Page 3-June 16, 2008 ZBA#6158—Michael Judge CTM 1000-83-2-11.14 bluff, thereby substantially reducing the size of the buildable area. In addition, a water line runs through the front yard facing Oregon Road. 3. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial. The proposed pool has a westerly side yard setback of 47.85 feet and the proposed pool storage building has a 25.17 ft. side yard setback. A portion of the proposed accessory pool storage building is in the side yard and a small portion of the proposed pool is near the rear yard of the property. 4.. Town Law §267-b(3)(b)(5). The difficulty was self-created but is the result of Covenants and Restrictions on the subject property. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed pool will be set back at least 150 feet from the top of the bluff. A letter from Douglas Adams, P.E. dated June 2, 2008 and received in the ZBA office on June 5, 2008 describes the proposed drainage in the area of the pool, which is on relatively flat ground, as requiring minor grading alterations to the north to direct storm-water run-off to the general area around the pool, where leaching collects and recharge the run-off to keep it away from the bluff, and handle any other run-off in the rear yard. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory pool and pool (storage) building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, and shown on the January 30, 2008 survey by Young and Young, and diagrams prepared by Foley-Fiore Architecture with ZBA date-stamp Apr. 17, 2008, subject to the following Conditions: 1. The pool shall remain open to the sky. 2. Pool mechanical equipment shall be housed in a sound-dampening box. Page 4—June 16, 2008 ' ZBA#6158—Michael Judge CTM 1000-83-2-11.14 3. The pool storage building shall be unheated and without air- conditioning or an indoor shower. 4. The accessory pool storage building shall not be used for sleeping or any use other than an accessory seasonal use associated with the recreational aspects of the accessory swimming pool. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Member nger (Chairman), Dinizio, Oliva, Simon, and Weisman. This o ution w d ado (5- ). e d P. Goe ringer, Chairm 6/a4/2008 pproved for Filing FOPS Young & Young �!>° gggrg 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 On Howard W Young, Land Surveyor r`�� <F.< Thomas C. Wolpert, Professional Engineer xYg Robert C. Tast, ArchitectF=a Douglas E. Adams, Professional Engineer k V V \p n 2 NJ / �i 4 C r for O� 0\ /i//i/�i/�� cc r '"O, LINE OF REAR YARD Cp E r p <o s NNDER GON5TRI.IG7I0N) k a S � 4 j //ice//�j/� //� I �k / / / ��� � �Z •� _ F '00 xi "per 4 \ I l i PA=1 O OMB 1 �y\ \ /DRIVEWAY *' xdw< 6L, ��Tpp o� 1 \ /l (UNDER GOI�STRllGTION ' �j�� �QO� Q NOTE OTE i^F N ° �� 2 q, � gfi ' c,'e°�c4-4 r- �676 i �� \ ,/ / q, ' iz ��� �'''�, ,, ��� Q AREA = 5.4315 ACRES z 4. /T PROPOSED POOL S HOT TM r �TioN�p�A�H PROPOSED PATIO ,� �� ( �8 2'\�Q T�/�SIDS '\' •LINE OF VERTICAL DATUM = N.G.V. DATUM (M.S.L. IQ2ci) POSED �FRO YARD 7�43 l C\y SFry�kTFie SF hp� SANITARY SYSTEM 3' 93 �0 r�0� �C� R�'rc� ►+V55E a�P�OLA 6/ 0n�, he rm PROPOSED&ARDEN PROPOSED WALK 6 ARAbE S (UNDER GONSTRUGTION , / o hp , W or 5URYEYOR'S CERTIFICATION oFNE 0 / mph / ! Fob. / / Nc0 V O �FcON�/ �-(1'1(ivi..I - � iz; .L � '�`•,>,`°<.. �:� -30 HOWARD W. YOUNG, N.Y.5. L.5. NO. 458Q3 O ?e o AAppOs p ?4�0. / ..�-, � .°�� o$ MAP PREPARED FOR A. M I CHAEL JUDGE o6 Of _,� �� O i363 O / 0 q0 OP'�p At Cutchogue, Town of Southold Suffolk County, New York r R Mi F<i= County Tax Map District 1000 Section 85 Block 02 Lot P/0 11.10 o� BUILDING PERMIT 5URVEY h/ \ h// INDICATED OFFSETS JAN. 50, 2008 0 / AMENDED PROPOSED LOCATIONS JAN. 21, 2006 ADDED PROP05ED POOL 8 POOL HOUSE SEPT. 2-7, 200-7 AMENDED BUILDING PERMIT DATA APR. 15, 2006 DELETED PROPOSED POOL HOUSE FEB. 2, 2006 ADDED COASTAL ER0510N HAZARD LINE JAN. 25, 2006 PHOTO NUMBER $ VIEW DIRECTION JAN. 15, 2006 �<�g ADDED BUILDING PERMIT DATA OCT. 20, 2005 € IN5F-T MAP PREPARED APR. 21, 2005 1Npw 50ALE: 1" = 50' e�N< Q=MONUMENT 5ET 0 =MONUMENT FOUND Q=5TAKE 5E7 A=5TAKE FOUND C=CHIMNEY SCALE: I°=100' 96'151° JOB NO. 2007-0112 UH $� RO=ROOF OVER 5=STOOP OE=CELLAR ENTRANCE S PHOTO R AND DIRECTION i F - DWG. 2005_O I I Q_bp2 H f p HP R� OOF 89 4"— - -; - -- - 89 4 HP O d _............._..._. . __ ..............•.... _ ... a i ! j .. i. # - i 1 � f.lf T...�.. .I �. l I•! x._. ii r� jl II 7 � I ir'k'� �i. `s':� ' ( �I �--{-+_rw.r_�..�� I r� ( I I T� �r �^'N:r• !{ ili it !41! !t I; j( <I!' I ) }'�'•� `77 ti Ln <.._I._�!._�.<_fS-�i._;.,<_;..;._.!._;.L:-�L!,:.�.;-! '.S ✓�•.. �� _' Li SY J a�e�R�•fL?,'�',t.� . : Q � S Ij�y�� a *n ��:, �.�.�:!�. � II _ III! •JI.� .s >,...„, ....�.. �_'..� i_, li i ;I ! ', rU.� •�,�.'.,.! 11 M !i i __ FLRAh ! 1 f 1 ql ! III ul D ,iit !t. ii '•i fi — I�: FIN 74 O n POOL 110115E-EAST ELEVATION 3 POOL HOUSE-NORTH ELEVATION ! HP ROOF=89'-4'_ ObHP R 40 _ �A ff - _'_r ._t f_ 8 <•�� <� 1. - ,x.,�, I i <¢�a f x,. 4h' -. " '�3'a''t((77 ��.,•��•��. �^^fA FOLEY•FIORE �# ARCHITECTURE jl `iY9 .. , .i ; 534 Cambridge Street ;:+Al Cambridge,MA02141_ i .I1 ' ' j ! 617.547 6002 Ln Jill ......... e, i��(�a�+., ... Job:!! ! 1 C ostello-ju d eL Residenceii, LIE] . .(,t._........ _.i I_ ! FIN FLR= 4.0FIN FLR i ! =74.0 — — — — — Date. r ;ram s I _ _ - - _ - - 10 Mardi 2008 WN, �\r.'` �. <.., j, ,,`,j< X>: ! ; Revision: h O POOL 110115E-M5T ELEVATION 01 POOL HOU5E-5OUTH ELEVATION Pool House '�'1 �j'T,d Z�P' P }.._......_..................................._...._.._._.......i............__-'--'--..........._........._..__.__ o^w.e;. : ....... .._......... ..,1 �� •rf :r`"'n�r `ah� �4A�,.� y I::_.::_::.........� ... ��' /�`t:r...s,•sz".S_ �� � ;S�w ��t✓ Jd ? T , . .;,y�P a,ut<'" x•i......_._........................ �:�:, e4," e.'a'..,,Y,;.<,,�y�+pY .........._....._......... _..__ , {._............._......_..__..__....... 4 .......... ... ' .... S A3:iu .... - ' - —__.-. s,.+awe ........-,..___'"__..._..... ... i r_ . r ._ � �:.y . I x _.,...._.__. _.._ ............._...._..- - �v h> PfF. iT MIR , _.._.. I CHANGING i N ...._.._._........_.... :........................ir I w s f LO ..... .._......_,_ - „ 2 5.22 4 J 6 5.22 B -- .__..._ ._....__ .—" .......... BAR r i �Xj C1. --- _ -._ ....... _...... ;._......._.; �i _ %3 w.c. _. ' I ,~ ;`% FIORE . € , .: . FOLEY 4 -- L... ^`,>:W, ARCHITECTURF ' ___._....... �''�cFt� _._.._..__ '"—'-__..._. It�F.�S.. —_i_.__....._...__�—.__. �ji G;�` •.',aX�:kfit!3 t^r•Y' �. .... .. i .....�., .�^ ., • f i i ,v,,,v,v.v','.•r'�,.,vvv,v,v>•�rS1..��.vi q � a� ti 534 Cambridge Street Camb ridge,MA 02141 _....._............. _._. ( ; 617' 7•80 2 Jam j Costello-judge Residence . . �� O ,� O ; ._.._...._.._ 10 MnrdF 2008 POOL HOUSE PLAN Revision: 1l4•=T-O' Pool House ma`s w HP ROOF= HP ROOF=89'-4°_ _ _ .._.3..,...... 89:-4. ............V I ! j t sR R...... Oj OLE L. �....„e...},i...i.' I L_!,—I)-s,l. !.. ""j�;,`` L 'E` !! t ' I �z ,1,,�.._.,_ iiI? ii it li IJ.I . Y, ,. .... ... .i..t.s_i.._Rl-..:.� l !.!;. ..L.I:__I•t j!.IL it-] !! 4 i'�_Lr; r� ! !!. 'tl'( 1 FINFLR JN FIN FLR=74.0 "'1"!"ii 1!i! li(ti"i —! ji �r 11I — •r'. —7 j n POOL HOUSE-EA5T ELEVATION s POOL HOUSE-NORTH ELEVATION HP ROOF=89'-4°_ HP Rb OOF_b9-4° .......,.............. :......r... '``i�•�.% �. :: Li�t.,.�!'r�..,n�O�.:_�yiTi� �n.X N�'<taY?r'.jM tw ;,,s• 3,.r, a. � !! !�1! i! i i i .! I j 11 ,! !I �1 t :>+ ' I I i FOLEY FIORE ,: ARCHITECTURE ii.n/ /r..,..^,,,,.«i i m -°\,` 1's,R/F. 'i i !i 1-t i ._L! T, 1 11 '}?' i +i, ��� '�E,: ,� t ;(• �1_ ' I i i.t' �.rt it 534 Cambridge Street 4� i rL!Ll i.' ff i:. ((�__..._t<..; t N, EI ! d ..i! Es_1 i. Cambridge,MA 02141 ... �1._._..; ;_ L_.i__I_�. `� i I 617.547-8002;i O ,1._U. .1.II_ -tu!i.1<i. :!. , i!! <. i! !t ii DU job: _I_. _:i_;;;_i; , _i_ i.j_<..li.. i _ J.1L.i , I__: iiiYils C ostello-jud8e Residence —FIN FLR 1�1 .. i =L.0E I I.!:! FIN FLRI .1Ti =74 Or Date: r! 10 Mnrch2008 ,.,,, Revision: z POOL HOUSE-WE5T ELEVATION 04PPO L HOU5E-50UTH ELEVATION Pool House l ............. ................ ............_ \ i r t f 7 Y' _..........._.... _ _ a .................__._.._..__._.._._.._.. ._......, : c ? :...._.._................r , ....__...._.... .......__..._.................. i.... ....... , i _,.__. ._.,. ..._.—..i ,,. .... .........Nyi ..: _ I i — — ❑-�� n ............ ........._I. i I _ REF. j ; ...'... >s CHANGING _ I4:----- i — --_... ._....-...............: I i................_..._. I W . ............... .....l.�! x' g BAR DW I I. ...._ ... ;ter ' ,r.....i............. _..._...-_... �<X, — _........ d... % x W.C. _.._.__❑ ._..._...._............... .. _............ tR........................................,"� ..........._...>................_._._❑ '�> ARC R❑ HITECTU >~. a •� >w'; Y,...._.....•._,... ` l:?; ,ro <y... ............................. _ ....�... h,..,...r"�"Y. i . .......... 534 Cambridge Street j •.� - ,.,.,.........,,,,,,,,,,,,,,,,i ,-,...,.,,,.,....,.,.,..,.....,,,, I Cambridge,MA 02141 ........................_._... .......... N^ - Y 617.547.8002 pQ ; Job: 'C ' Costello-judge , Re 008 13idence 2 \ 4q s Date:10 Mardi 2008 4 > Pq. L HOUSE PLAN Revision: = ' Pool House 1 S _ k PACE1 FORM NO, 3 NOTICE OF DISAPPROVAL DATE: April 7,2008 TO: Charles Cuddy for Michael Judge 445 Griffing Avenue Riverhead, NY 1101 Please.take notice that your application dated March 5,2008 For a permit fir an accessory pool&pool house at Location of property: 13007 Oregon Road, Cutchogue, NY County Tax Map No. 1000-Section 83 Block 2 Lot 11.14 Is returned herewith and disapproved on the following;grounds: The construction of an accessory pool and pool house on this conforming, 3.5 acre 12arcel in an R80 'Zone is not permitted pursuant to Article 111 280-15 which states: "In the AC... districts, accessory buildings&structures or other accessory uses shall be located in the required rear yard subject to the following requirements•" The construction survey indicates the proposed pool &pool house will be located in the side ,Yard. (Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only 4p; Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: AP8 �08 Bo�Rb House No. 13007 Street Oregon Road Hamlet Cutchogue OP AppFgLs SCTM 1000 Section 83 Block 2 Lot(s) 11.14 Lot Size_ 3.4 jl3 Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April'' 7, 2008 BASED ON MAP DATED_ January 30, 2008 Applicant(s)/Owner(s): Michael Judge and Ellen Costello MailingAddress: 189 East Lake Shore Drive #4W, Chicago, IL 60611 Telephone: N/A Fax#: N/A Email: 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: Charles R. Cuddy, Esq. for(g ) Owner,or ( ) Other: Agent's Address: pn Roy 1547, Riverhead, NY 11901 Telephone (h31 ) 369-8200 Fax#: (631) 369-9080 Email: charles.cuddy@verizon.net Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or X]Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED,Tan, 2008 AN APPLICATION DATED April 1, 2008 FOR: any 30• and DENIED N Building Permit ❑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 III Section 280- 15 Subsection Type of Appeal.. An Appeal is made for: M A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has, Z]has not been made at any time with respect to this property,UNDER Appeal No. 'Year (Please be sure to research before completing this question or can our office for assistance.) Name of Owher: ZBA File# REASONS FOR APPEAL(additional sheets may be used with Prenarer'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: The pool is;'a customary accessory use and the pool and pool house setbacks from the side line are the same as for construction of the home. (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 applicant is constrained by the Covenants and Restrictions and by the existing wooded area on the east side of the property. (3) The amount of relief requested is not substantial because: A variance is not substential because the pool and pool house are setback from the property line and are close to the rear yard.. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The pool is a permitted accessory use and its location as well as location of the pool house will not adversely effect the environment. (5) Has the alleged difficulty been self-created? ( )Yes,or �.)No. Are there Covenants and Restrictions concerning this land: ❑ No. )P Yes (please furnish cony). 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 A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to coiZ- tl ell Signatu>< of A Ilan or Authorize Agent (Agent must submit ritten Authorization from Owner) Sworn to before me this day of a 4� •20 D 8 Notary Public "OFFICIAL SEAL" Halina B.Lesnicki Notary Public,State of Illinois My Commission Exp.02/15/2010 Michael Judge and Ellen Costello 189 East Lake Shore Drive#4W Chicago, IL 60611 We, Michael Judge and Ellen Costello, owners of the property identified as SCTM# 1000-83-02-11.14, located in Cutchogue,New York,hereby authorize Charles R. Cuddy, Esq. to act as our agent and handle all necessary work involved in the variance application with the Zoning Board of Appeals. Mich el Ju E en ostello Sworn to before me this a`� day a of /ut"t-cam 92008. "OFFICIZ SEPAL Halina B. 'i.x--"-rki. Notary Public, 'Di9I inois My Commission Exp.0211512010 Notary Public Sworn to before me this o2 V day of M u-1� , 2008. "OFFICIAL SEAL" Halina B. Lesnicki Notary Public,State of Illinois My Commission Exp.02/15/2010 Notary Public �o*n of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including.Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant 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 Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 83 _ 02 -11.14 The Application has been submitted to (check appropriate response): Zoning Board of Appeals Town Board ❑ Planning Board❑ Building Dept. © Board of Trustees ❑ 1• Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) (b.) Financial assistance(e.g. grant, loan, subsidy) ---Tcj Z'ermrt, approva, tense, certr i a on:---- . x Nature and extent of action: Construction of an -accessory pool and pool house Location of action: 13007 Oregon Road Cufcho ue, NY Site acreage: Present land use: single family dwelling Present zoning classification: R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Michael Judge and Ellen Costello (b) Mailing address: 189 East Lake Shore Drive #4W Chica o, IL 60611 (c) Telephone number: Area Code ( ) N/A (d) Application number, if any: N/A Will the action be directly undertaken, require fiinding, or approval by a state or federal agency? Yes ❑ No' If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy-1. Foster a pattern of development in the Town of Southold that enhances community charaeter, Preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Not Applicable Attach additional sheets if necessary -----------Mo ro ec and preserve-his�ric and arct�aeoiogical resources oT-the own o - outhold .See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes No M Not Applicable Attacb additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No [fl Not Applicable Attach additional sheets if necessary NATURAL, COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes ❑ No IN Not Applicable Attach additional sheets if necessary Policy.5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22_.. through 32 for tio evaluan criteria. -~-- - - ---"- - -- - ------ - _. _ _ . .- es No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air duality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Fl Yes No x Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 Not.Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of,.coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No❑ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES .......................- Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 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 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies;.Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP -Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Fx1 Not Applicable -- - ----....-....... _..._.. _... . Created on 5125105 11:20 AM APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael Judge an Ellen Costello Dat Ile Prepared: 03/24/08 I I. For Demolition of Existing Building Areas Please describe areas being removed: N/A I I H. New Construction Areas(New Dwelling or New Additions/I+}xtensions): N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): i 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: e sor ool and ool.:house Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 3.5 95 l .f t. Proposed increase of building coverage: _672 sa.f t. Square footage of your lot: 149,467.42 Percentage of coverage of your lot by building area: 3% V. Purpose of New Construction: Construction of an accessory pool and pool house on a residential lot 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): It is not the land contours but the covenants and bluff set back requirements as well as the tree line that presents difficulty in meeting the Code requirements. 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 with yard view. 7/2002; 2/2005; 1/2007 PROJECT'I.D.NUMBER. SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information (To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name Michael Judge and Ellen Costello 3.Project location: Municipality County Southold Suffolk 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 13007 Oregon Road, .Cutchogue, NY SCTM#1000-83-02-11.14 5. Is proposed action: ( )NEW ( ) EXPANSION ( )MODIFICATION/ALTERATION 6. Describe project briefly: The applicant wishes to construct an accessory pool and pool house. 7.Amount of land affected: Initially: 3.4313 acres; Ultimately: 3.430 acres 8.Will proposed action comply with existing or other existing land use restrictions:(X )YES ( )NO If No,describe briefly: r 9.What is present land use in vicinity of project:(describe): ( ) Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? (X)YES ( )NO If Yes,list agency(s)and permittapprovals: Zoning Board of Appeals-variance approval Building Department-Building Permit' ! 11.Does any aspect of the action have a currently valid permit or approval? ( )YES ( )NO If Yes,list agency(s)and permit/approvals: N/A 12.As a result of proposed action,will existing permit/approval require modification? ( )YES ( )NO If Yes, list agency(s)and permit/approvals: N/A I certify that the information provided above is true to the best of my knowledge Applicant!Sponsor N pe an en Coqte o A Date: Signature: If the action is in the Coastal Area,and you are a state agency, complete the Coastal Assessment Farm before proceeding with this assessment QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes X]No B. Are there any proposals to change or alter land contours? A No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? No 2)Are these areas shown on the map submitted with this application? N/A 3)Is the property bulkheaded between the wetlands area and the upland building area? N/A 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: 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? No E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (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? Yes If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: construction of a single family dwelling and garage G. Do you or any co-owner also own other land close to this parcel? No 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 residential use—single family dselling and proposed use same with an accessory pool and pool house qlles: 'ng: s' gle-family; proposed: same with garage or pool,or other description.) Autho and Date 2/05; 1/07 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. YOURNAME: CnRfAlln F1 1 Pn (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 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: N/A 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 014day of d� Signature: ` Print Name �2 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: Judge Michael (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 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: N/A 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 2g0q: Signature: Print Name: Ju e is ael YOUNG & YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead-New York 11901 admin@youngengineering.com HOWARD W. YOUNG,Land Surveyor THOMAS C:-WOLPERT,_Professional Engineer- ROBERT C. TAST,Architect DOUGLAS E.ADAMS,Professional Engineer J ne Town of Southold, Zoning Board of Appeals Attn: Ms. Leslie Weisman SUN 5 — 2Q08 53095 Rte. 25 -'`v r PO Box 1179 zoN1No eo d' Southold,New Yor 1-1-9-7-1----�-_ � _�ARC 0F App gLs Re: Michael Judge..-- + Oregon Road 14 k' / .C•L utchogue, Town of Southold,New York d SCTM No: 1000-83-2-11.11 (2007-0112) Dear Ms. Weisman, Pursuant to your request, we offer the following comments regarding drainage in the .area of the proposed pool, at the above referenced property; The proposed pool area is relatively flat but requires subtle grading alterations to the north, specifically a small cut. This will result in stormwater run-off entering the general area .. around the pool. Leaching pools will be utilized to collect and recharge this run-off and any other stormwater generated in the rear yard area, as a result of the improvements. These facilities will be designed with the intent to direct run-off away from the bluff utilizing sound engineering practices. Please feel free to contact us if you have any questions or need any additional information. Best regards, �t Dou Adams, P.E. /dea cc: Charles M. Cuddy, Esq. Michael Judge Planning Engineering Land Surveying Architecture CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 21, 2008 Southold Town Zoning Board of Appeals :,.. P.O. Box 1179 Southold,NY 11971 MAY 2 3 2008 Attn: Linda Kowalski - ��p/Jp Re: Michael Judge and Ellen Costello ;,�- A .D 0 r A F�AL S Sig SCTM#1000-83-2-11.14 Dear Ms. Kowalski: Enclosed is an Affidavit of Mailing together with the white receipts postmarked by the Post Office as proof of mailing legal. notice in reference to the above application to the adjoining property owners. Very truly yours, Charles R. Cuddy CR.C:ik Enclosures CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200- .�1, P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 -mail: charles.cuddy@verizon.net April 11, 2008 Southold Town Zoning Board of Appeals aP. �r , O. Box 1179 ut old,NY 11971o.� �©� So p�''�gcs Re: Michael Judge and Ellen Costello-13007 Oregon Road, Cutchogue,NY SCTM#1000-83-2-11.14 Dear Board Members: On behalf of our clients, Michael Judge and Ellen Costello,we are submitting an application for a variance permitting the pool and pool house in a side yard. In this connection we are enclosing the following: 1. Seven(7) sets of application to the Zoning Board of Appeals: a. Application together with the Declaration of Covenants and Restrictions b. Disclosure Affidavits of Michael Judge and Ellen Costello c. Short Environmental Assessment Form d. Questionnaire with the attached existing Building Permits e. Applicant's Project Description f. LWRP g. Notice of Disapproval from the Building Department h. Survey i. Diagram j. Photos of the"staked" area proposed for construction k. Copy of the Deed 1. Authorization Letter in. Check in the sum of$600.00 Please advise if the application package meets your requirements and when this matter-will be placed on the Board's agenda. Very truly yours, Charles R. Cuddy CRC:ik Enclosures New York State Departr ,,-'l;it of Envirphmental Conservation 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 C(Dply Erin M.Crotty Commissioner Letter of Non-Jurisdiction - Tidal Wetlands Act April 7 2005 Michael Judge 247 East 71" St New York NY 10021 Re: Judge Property, ROW off Oregon Road, Cutchogue SCTM:.1000-083-02-p/o 11.10 DEC No. 1-4738-03564/00001 Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that the property landward of the top (crest) of the bluff, as shown on the survey prepared by Howard W. Young, dated April 21 2005 and last revised January 13 2006, is beyond the jurisdiction of Article 25 (Tidal Wetlands Act). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within tidal wetlands jurisdiction which may result from your project. Such precautions may include maintaining an adequate work area between the tidal wetland jurisdictional boundary and your project (i.e., a 15 to 20 feet wide connstruction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, George W. Hammarth Deputy Permit Administrator ksw cc: Bureau of Marine Habitat Protection Young & Young APPEALS BOARD MEMBERS �F $Q(� Mailing Address: Gerard P. Goehringer, Chairman �p�� Ty�1 Southold Town Hall O 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman IyCOQtm,��v 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 June 20, 2008 Charles Cuddy Esq. P. O. Box 1547 Riverhead, NY 11901 Re: ZBA#6158 — Judge, Michael Variance application Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's June 16, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Linda Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) �OF SO(/ry ELIZABETH A.NEVILLE ��� Ol0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER G Q Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �' �� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER OWN N� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 22, 2008 RE: Zoning Appeal No. 6158 Transmitted herewith is Zoning Appeals No. 6158 of Michael Judge& Ellen Costello-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Charles R. Cuddy listing the following: New York State DEC Letter of Non-Jurisdiction- Tidal Wetlands Act, Transactional Disclosure Forms, Short Environmental Assessment Form, Questionnaire, Applicant's Project Description, LWRP Consistency Assessment Form,Notice of Disapproval from Building Department, Survey Prepared by Young&Young, 4 Pages of Drawing by Foley-Fiore Architecture, 4 Pages of Photos of Proposed area of Construction, Copy of Deed, Suffolk County Recording&Endorsement Pages from May 30,2006, Suffolk County Recording&Endorsement Pages from March 31, 2008, Authorization letter from Michael Judge and Ellen Costello to Charles R. Cuddy to Represent them in this matter ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/17/08 RECEIVED ZBA# NAME CHECK # AMOUNT TC DATE STAMP 6158 Judge/Costello (Charles 0671 Cuddy, Esq.) $600 Southold Town Clad' TOTAL $600.00 ewn Of Southold �.0 Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/21/08 Receipt#: 16412 Transaction(s): Reference Subtotal 1 1 Application Fees 6158 $600.00 Check#: 0671 Total Paid: $600.00 Name: Cuddy, Charles 445{permit For Judge/costello} Griffing Avenue Riverhead, NY 11901 Clerk ID: CAROLH Internal ID:6158 Office Location: �OSUfFO(�-C USPS Mailing Address: � �Gy Town Annex/First Floor,North Fork Bank c 53095 Main Road 54375 Main Road(at Youngs Avenue) co 2 P.O. Box 1179 Southold,NY 11971 Oy �� Southold, NY 11971-0959 col � Sao http://southoldtown.northfoik.net BOARD.OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 29,2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,.P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 29,2008: 11:10 A.M. MICHAEL JUDGE #6158. Request for a Variance under Section 280-15, based on the Building Inspector's April 7, 2008 Notice of Disapproval concerning an accessory swimming pool and accessory (pool house) building, proposed in a side yard rather than the code-permitted location in a front or rear yard, at 13007 Oregon Road, land adjacent to the Long Island Sound, Cutchogue; CTM 1000-83-2-11.14. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalskia-Town.Southold.nv.us . Dated: May 1,2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 � ?yJ #8837 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the/ 22nd day of May, 2008. rincipal Clerk Sworn to before me this day of 2008 LEGAL NOTICE SOUTHOLD TOWN ZONING r BOARD OF APPEALS THURSDAY,MAY 29,2008 PUBLIC HEARING CHRISTINA VOLINSKI NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law I and Chapter 280(Zoning),Code of the No. 01-V06105050 Town of Southold,'the following public 1 Qualified In Suffolk county hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF AP-.. "_vIm.ission Expires February 28, 201" PEAIIS at the Town Hall,53095 Main Road, P.O. Box 1179, Southold, New- York 11971-0959, on THURSDAY. MAY 29,2008: 11:10 A.M. MICHAEL JUDGE #6158. Request for a Variance under Section 280-15, based on the Building Inspector's April 7,2008-Notice of Dis- approval concerning an accessory swim- ming pool and accessory (pool house) _building,proposed in a side yard rather than the code-permitted location in a front or rear yard,at 13007 Oregon Road, land adjacent to the Long Island Sound, Cutchogue;CTM-1000-83-2-11.14. The Board-of Appeals will hear all persons,or their representatives,desir- ing to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than, designated above.Piles are available for review during regular business,hours and prior to the day of the hearing.If you have questions, please do not hesitate to contact our office at (631)765-1809, or by e-mail: Linda.Kowalski@Town. Southold.ny.us Dated:May 1,2008. ZONING BOARD OF APPEALS. GERARD P.GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) P.O.Box 1179 Southold,NY 11971-0959 8837-17 5/22 TOWN OF-- SOUTHOLD V9T RECORD CARD STREET' VILLAGE DISTRUCT SUB.- LOT °°O 00. JU FORMER fl�'+11�Ei2 - A SAGE S w TYPE OF HUILD1Nt3 I t t 1�I ��r'C� �'if r"t _ : '. .�•_f �-�-�.: :r .r--i-�-f-i:�r�-�- ter/2 f. • � �I� � � �?�l�kS RES. Y E. SEAS. VL. FARM COMbA. � IND. � CB. � MISC. 1 LADED IMP. � TOTAL DATE REMARKS 3 _ Jx- ea s. C _ P,�E V91AG.00ND ; F� � j •��" j = �:J..J � :1 �f0 tf1 V��✓J l �� =L'..n i' f r E J E�[ORt+f�AL ,� �, x,ELOWZ ! � ABOV .t 0 E5n Acre er Acr Value r_ - ! C , Gz= fl e Ll`)r�J2-41-7J t:.�1 f _ TEl ab.fe 7-6 Tillable. 3 b1(G" L 113 b y (.'7 &� - ' Y-5 p o r:5 —4�50,ozrz Woodland Swampland I t' 3rushland I ` 1=ouse Plot _ _. �.� r�..-,1 k.�„ ` Y-tI'.I r� �� 'T tJ�s �'ti".�5. h+ .rS �[--��✓ ti � •� � .. � I �- �._._.- i � ��jt�� � �t� � �P.tra) C'i WPC{�f i}G, — — —� f q TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET J 3C0 VILLAGE DIST_ SUB. LOT e an 1� a", AGR. 3 Sg REMARKS 1111111, $ PP 42- k- IOCes 8P*3j`f t4Z TYPE OF BLD. 1�n c �- pR01�. CLASS 210 LAND IMP_ TOTAL. DATE FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL ■ RM - — t EA � j� � • •■ • I i• • i[ •i / J 9 • i s a e + i,HAI G."i"'m, SCHOOL_9 DISTRICTS: NOTICE COUNTY or' IQ c"GUO 61/ 0 SOUND o"3 lw.. 9A 33.90 lo.14 1.sA 13.4 SCH.D.9 29 11.14 113.16 4.OA 9 5,C 2.2A(c) 3.6A 13.5 1.3A(c) &41C`) 6.2 1.1A(c) 7.2 2.5A(c) 7.5 1.9 A 1 Q25 / �Jq 2.3A(c) 7.4 AA(c) 12.3 tD Yq 2 (c) �73 2.10 12.2 IJA 7- 3 12.1 17.2 12.4 28.5A 2.91A 13.8 hd 37.5A 13.7 COUNTY OF SUFFOLK 29 DEVELOPMENT RIGHTS) 11V ti I I 'A tl TA 1 28. Fp IN 32.3 29.7A(0) NO. FOR PCL.NO. FOR PCL.NO. C.NO. SEE SEC.NO. SEE SEC NO FOR PCL.NO. .02-009 095-01-010 SEE SEC.NO. 095-02-001.1 z z LINE Mum SEE SEC.NO.095 SON- H,,.,oi-,,,tl,s --H UNLESS DRAIN OTHERWISE, ALL PROPERTIES NOTICE COUNTY OF SUFFO AII WITHIN THE 10110W1" DISTRICTS: Dr.B-111 I'- - R.D-011111 U- --I SCHOOL 9 SEWER *1D MAINTENANCE,ALTERATION,SALE OR Real Property Tax Servic INAPI DI-kl L- - 11- -HST-- FIRE 211 HYDRANTDISTRIBUTION OF ANY PORTION OF THE U9h1 01-1,1 If., L A-D101111 111, 4- LIGHT 45 �ATER County Center Riverhead,N PAP� go REFUSE SUFFOLK COUNTY TAX MAP IS PROHIBITEDSCALE IN FEET: ParkDIIIIIII U, P -1-11f(11111ki Um-WW- AMBULANCE WASTEWATER WITHOUT WRITTEN PERMISSION OF THE No A 20- REAL PROPERTY TAX SERVICE AGENCY. r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X . In the Matter of the Application of AFFIDAVIT —�_. OF Michael Judge and Ellen Costello MAILINGS (Name of Applicants) CTM Parcel #1000- 83 - 2 - 11.14 -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Iwona Kodym residing at 5450 Bergen Avenue Mattituck New York, being duly sworn, depose and say that: On the 28 day of May 2 Ong I personally mailed at the United States Post Office in Riverhead New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X)Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or priv�te street, or vehicular right-of-way of record, surrounding the applicant's property. n �10-na (Signa e) Swqm to before me this 8.1�1 y of M 2 8 Mary Louise Santacroce ' _ Notary Public State of New York No.01 SA6051325 Suffolk County Commission Expires Nov.20,20ib otary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the .owner names and addresses for which notices were mailed, Thank you. SCTM#1000-83-2-7.3 • • Scott Kaufman 2050 Dignans Road Cutchogue, NY 11935 ZONING BOARD OF APPEALS �? TOWN OF SOUTHOLD: NEW YORK l� . --------------------------------------------------- -X �� In the Matter of the Application of AFFIDAVIT Michael Judge and Ellen Costello\ OF (Name of Applicants) SLINGS CTM Parcel #1000- 83 - 2 - 11.14 -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Iwona Kodym residing at 5450 Bergen Avenue Mattituck New York, being duly sworn, depose and say that: On the 20 day of May 2008 , I personally mailed at the United States Post Office in Riverhead New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (g)Assessors, or( ) County Real Property Office property which abuts and is across a public or priv �e for every street, or vehicular right-of-way way of record, surrounding the applicant's property. (Signatur Sworn to before me this 'auk day of May , 2008 PATRICIA A. RK Notary Pubic,State of New York No.5711005 (Notary Public) Commisssion'ifExpire Expires ber 3lk 0,20 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the ,owner names and addresses for which notices were mailed. Thank you. SCTM#1000-83-2-7.3 • • Scott Kaufman 249 East_ 48th Street New York, NY 10017-1526 1 •r�r LP ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---------------------------x In the Matter of the Application of AFFIDAVIT Michael Judge and Ellen Costello OF (Name of Applicants) MAILINGS CTM Parcel #1000- 83 - 2 _ 11.14 , —------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) j I Iwona Kodym residing at 5450' Bergen Ave. I Mattituck , New York, being duly sworn, depose and say. that: On the 14 day of May , 200-$ I personally-mailed at the United States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment.roll verified from the official records on file with the Assessors, or ( ) County Real Property Office , for every .property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. (Signature /S ►rn to b re this p� f� O Mary Louise Santacroce Notary Public State of New York No.OISAGO51325 Suffolk county Commission EXPlres Nov.20,20-LO -)iqo1rary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. SCTM#1000-83-2-7.3 Scott Kaufman ' 249 East 48th Street New York, NY 10024 SCTM#1000-83-2-11.13 Corso Louis C. Corso Ors PO Box 1287 Cutchogue, NY 11935 SCTM#1000-83=2-12.3 j Morell, LLC PO Box 1287 Cutchogue, NY 11935 SCTM#1000-83-2-12.5 i' Oregon LLC r'`7 PO Box 1287 r Cutchogue, NY 11935 SCTM#1000-83-2-12.6 Oregon LLC PO Box 1287 Cutchogue, NY 11935 i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------------------------x In the Matter of the Application of AFFIDAVIT Michael Judge and Ellen Costello OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 83 - 2 - 11.14 COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, Charles R. Cuddy residing at 1500 -Maratooka Lane, Mattituck , New York, being duly sworn, depose and say that: On the 21 day of May , 200 8, 1 personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten-(10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that . 1 hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, whic earing date wn to be (Signat re) Sworn to before me this �g day of 200;P. , - 1WONA KODYM (Notary Public) Notary Public, State of New York 10088386 Cuallf ed inKSuffolk County I&O-71 cQ. /a Commission Expires March 3, 2011 *near the entrance o .driveway entrance of my property, as the area most visible . to passersby. U.S. Postal Service,. (Domeslic Mail Only,No Insurance Coverage Provide0), I ■ Complete items 1,2,and 3.Also complete A. Signature. t Yf tt I item 4 if Restricted Delivery is desired. I-Agent ■ Print your name and address on the reverse 1,:. Addressee I 1 so that we can return the card to you.• �; R eived by(Printed Name) C. Date f Dgliv ry Postal ■ Attach this card to the back of the mailpiece, ��� G(-� G v U ►` Postage $ ����tHEq� �. . RECEIPT or on the front if space permits. certified Fee (Domestic D. Is delivery address different from item 17 Yes 1. Article Addressed to: If YES,enter delivery address below: %No j r-3 Return Receipt Fee O .-' t`- O ' I o (Endorsement Required) He rl B Louis C. Corso CIO ' Fyt� ,S, Restricted Delivery Fee J/ D-• !i Ag Ors Corso r3 (Endorsement Required) (/ I117 I I,� Sps r- Total $ 'Og01 PO BOX 1287 r�- Total Postage&Fees $ .A `• _ . . Cutchogue, NY 11935 0 Certified Fee p k ed p C] 56�g 9 r--t_..Kauf-man----------------" O Return nt Required) 3. Service Type Ln Q �LI Certified Mail ❑Express Mail Endorsement ReceiptFe9' 'q ❑Registered Return Receipt for Merchandise ( I 0 Street,Apt.No. """"""'"""""""""""''. ( VD or Po Box No. East 48th Street u ❑ Insured Mail ❑C.O.D. I ______________________ (Endorsement Delivery Required) O Restricted � _ _ --------------------------- ------------- MAY g f r, I Ciry,State,Z/P+4 _"."""""""_""_. O f/IFl1 {"• -* I 4. Restricted Delivery?(Extra Fee) ❑Yes New York' a NY 10017-1526 r Total Postage&Fees $ 05f 14f2 2. Article Number i''$, i; ' i= ` ': `` `` ' I 1_ 3800, 2006 C3 (Transfer from service Ab 7 0 7 710 0 0 0 5` 6 7 9 9 1'7 4 4 - - Sent To • _ f- - • o Loul-9-C --Gox o--arl.�_.Qx __ . ( PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 - . O ■ ■ Street,Apt.No.; - - -- -= r PO Box No. - - - - - - - - -- ---•• - - -- - ii---------- I ED Box 1 7 mory �, • ci "s re"z +6utchogue, NY 11935 NFor delivery information visit eur website at Y3 ePS Form SENDER: mo • • r Instructionv • • • . Q.. �,e ,� --- :ere ere. _- I ■ Complete items 1,2,and 3.Also complete A Sign ure D- . 'gAgent f+• Postage $ ■• item 4 if Restricted Delivery Is desired. X ( I-0 $4.5g Og01 - � , � RECEIPT ■ Print your name and address on the reverse Addressee �Eq® so that we can return the card to you. I certified Fee _ ILm Y Bt eived by(Printed Name) C. De of Delivery in ( ■ Attach this card to the back of the mailpiece, $$ �� N •, • , Provided) n. f C i G-D 0 0 Rsem Relpt Fee Postmark !i, m 19 , or on the front if space permits. Here p (EndorsementRequired) $2. dsAL' '- D. Is delivery address different from item 1? Yes O Restricted Delivery Fee �IRr 4 , a 9 cD 1. Article Addressed to: If YES,enter delivery address below: No (Endorsement Required) J oO8 � Q D ( OEr J rq } Oregon, LLC r- Total Postage&Fees $ Postage $ $0.59' H E PO BOX 1287 t' I 0 Sent To Certified Fee 2 Ln Postmark v Cutchogue, NY 11935 �` p '�f Hee -L C3 S cot ---Kauf man-----------•------------ .... 'Co0 Return Receipt Fee O Street,Apt.No.; O' (Endorsement Required) r1r ..a 3. Se ice T e or PO-Box No. -- O ..o R ! yP j 1 C`- ------------------2t}�---E..�hSt}]__Sx�eel--------------•---------= Restricted Delivery Fee �O iJ Certified Mail ❑Express Mail l City,State,ZIP+4 C3 ( ) " 4 ( New York, NY 10024 � Endorsement Required � � �1 I ❑ Registered 2FReturn Receipt for Merchandise i hE ❑ Insured Mail ❑C.O.D. 011 'e' r- Total Postage&Fees $ 15.0 0 S. • ;;; ,; - ---- o _ Morelli LLC--------------------------------:_____::------------------- 4 Restricted Delivery?(Extra Fee) '❑Yes k. PostalSent 2. Article Number' 1 r i; i - i ` ` t r ECEIPT c3 Street,Apt.No.; (Transfer from service iabeq C3 (Domestic Mail Only;No Insurance 7007 0710 ' 0005 '6�799 r 1,7`20'' , - :, Provided) or PO Box No. PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I I. city Stare,"ZtP �utchogue, NY 11935 4y 3 US E �- iillitIstal Service.-,. See Reverse for,Instructionsi . -• SECTION • • • • �- Postage $ $ 5 Og(?i CERTIFIED RECEIPT 1 ■ Complete items 1,2,and 3.Also complete A. Signaturg� I I'.D •, ' • '• . ' ''' Ag ent Certified Fee -a item 4 if Restricted Delivery is desired. U ark■ Print your name and address on the reverse X o Return Receipt Fee 0 (Endorsement Required) o a , so that we can return the card to you. B. eceived by(Printed Name) C. Date of Defvery ( p �T I Dom.. ■ Attach this card to the back of the mailpiece, p 21nu C (`-5 C b Restricted Delivery Fee or on the front if space permits. o (Endorsement Required) ��bb ' [� Postage $ //('! D. Is delivery address different from Rem 1? ❑Yes -� 1. Article Addressed to: If YES,enter delivery address below: No ( t`- Total Postage&Fees $ fir`✓�008 Certified Fee ` Sent To Return Recei t Fee s'1-7 tr�ark ( Zvlorell, LLC i (� g LJ.C. � GJ O (Endorsement Required) / -=AMP- on.3 -----•------------- - PO BOY 1287 Street,Apt.No.; O (Restricted(Endorsement re� �C0 Cutchogue, NY 11935 I or PO Box No. Endorsement Re wired .l t• I I City State,ZIP+4 I 3. Service Type I Cutchogue,-NY 11935 r- Total Postage&Fees $ y . E3 Certified Mail L�Express Mail 3800. 9 - r- Sent To � ❑ Registered JN Return Receipt for Merchandise j c3 ---SGatt..Kali_fman--__".---".__---"__---•".""---_____"---"-_""----"._---__ I ❑Insured Mail ❑C.O.D. I E3 Street,Apt.No.; or PO Box No. 2050 Dignans Rd. 4. Restricted Delivery?(Extra Fee) ❑Yes I Ciry,state,ZIP+4 ------------- ---- - ---- - -------------------------------- :'PS 12. Article Number � ---- -- -- --- - - I � .ere Cutchogue, NY 11935 gust 2006, See Reverse for Instructions (Transfer from servlce!ap fO 7007 0710 0005 6799 1737 j S i i f i I i i Domestic Return Receipt 102595-02-M-1540 i PS Foam 3811;February 2004 s f r' r . ..... • i SffNDER: COMPLETE THIS '. ... 1 • ON 0 Complete iterns 1,,2,and 3.`Also complete`' A.-Signature item 4 if Restricted Delivery is desired. ❑Agent i ■ Print your name and address on the reverse, X g so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece,�«si B Received by(Printed Name) C. Date of Delivery I or on the front if space permits. ` -ddress different from Item 1? ❑Yes OA ❑ INSUFFICIENT ADDRESS Delivery address below: ❑No ❑ ATTEMPTED NOT KNOWN ❑ OTHER ! C ❑ NO SUCH NUMBER/STREET S &MMOT DELIVERABLE AS ADDRESSED -UNABLE TO FORWARD ,all ❑Express Mail — .' ,—ed 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7007 0710 0005 6799 1751 """°f1S•Ferm 3811,February'2004 (transfer from service label - Return Receipt 102595-02-M-1540' I - COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature ❑Agent I item 4 if Restricted Delivery is desired. X g I ■ Print your name and address on the reverse El I so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, !' or on the front if space permits. '-delivery address different from item 1? ❑Yes A ❑ INSUFFICIENT ADDRESS 'S,enter delivery address below: ❑No ❑ ATTEMPTED NOT KNOWN ❑ OTHER ❑ NO SUCH NUMBER/STREET OS NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD Ice Type ertifled Mail ❑ Express Mail -- - Registered 'Return Receipt for Merchandise i ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I ' 1 2. Article Number 7007 0 710 0005 6799 1713 I (rransfer from service label) F PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i a42 a • ,` �14 1 ..t. � R,• � �t VAIL NI ,p : . .y� N� �► M 9, r 1 1• y� r 1Q� l xk 1 '� f .Y� IL r r +r' �� � .. K� �� / � - ~�� ..air •..�'' ;� ^kc i• �--i A �.. � ?.,w"...� .. '�Z�q a �'- .i?.iwar.� '.',�+.`r•. h9 Nt�TIi. E uF HEARli4ka The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: FAME : JUDGE , M . #6158 PIAP # EE 83=2= 1 1 ml 4 APPEAL : Yard Location Variances r,EQUESTo. Accessory Pool and Pool House DATE : THURSDAY, MAY 29 , 11 : 10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business . days between 8 AM and 3 PM . 'ONING BOARD-TOWN OF SOUTHOLD 765= 1809 ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net May , 2008 Re: Town Code Chapter 55 — Public Notices for Thursday, May 29, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 12h : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than May 131h: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 215t: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to May 29, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. Office Location: $UFf���CO USPS Mailing Address: Town Annex/First Floor,'North Fork Bank � y 53095 Main Road 54375 Main Road(at Youngs Avenue) y = P.O. Box 1179 Southold, NY 11971 Oy� �.F Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 April 28, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6158 Judge Action Requested: Yard Location Within 500 feet of: ( ) State of County Road ( X ) Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures Office Location: O�OSUFFO(�-CO USES Mailing,_Address: G Town Annex/First Floor,North Fork Bank c� y1 53095 Main Road 54375 Main Road(at Youngs Avenue) R Z P.Q. Box 1179 Southold,NY 11971. O� Southold,NY 11971w0959- http://southoldtown.porthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 7654809 Fax (631)765-9064 FACSIMILE TRANSMITTAL SHEET To: From: Zoning Board of Appeals Date: 0 90 `S o COMPANY:. TOTAL�NO. OF PAGES INCLUDING COVER: SENDER'S.TELEPHONE NUMB.Ek. 765-1809(press 1-atvoice recording) Re: ) REFERENCE: ❑URGENT ❑FOR YOUR UPDATE ❑PLEASE COMMENT El AS REQUESTED ❑ NOTES/COMMENTS: Please find attached copy/copies of the•following: Thank you. Sender's Initials: p t WCB-2 Standard N.Y.B.T.U.Form 8002• -Bargain and Sale Deed, with Covenant against Granror's -Individual or Corporation(single sheer) Rev. 8/99 - (uniforrrl,ack.) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—TEAS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of May ,in the year 2006 BETWEEN XI f (f. o-) Js � �3a , oe - Luba Corso, Oregon Road, Cutchogue, NY 11935, as to a 34% interest, Regina Corso, Oregon Road, Cutchogue, .NY 11935, as to a 33% interest, and Monica Corso Raynor, Oregon Road, Cutchogue, NY 11935, as to a 33% interest party of the first part, and Michael Judge and Ellen Costello 247 East 71st Street New York, NY 10021 party of the second part, WITNES.SETIH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto'the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Dist. 1000 SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. Sec. 083.00 Blk. 02.00 BEING AND INTENDED TO BE the same premises conveyed .to the party of the first part by deed dated 10/24/2005 and recorded 10/31/2005 in Liber 12417 cp 443 in Lot 011.014 the Suffolk County Clerk's Office. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns Of the party of the second part forever. AND the party of the first part covenants that the party of the first part has n6i 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The n^ord "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, ;J IN PRESENCE OF: Luba Cor o �- , Re a' orso onica Corso Raynor, * STATE OF NEW YORK) * STATE OF NEW YORK' ) ss.: COUNTY OF SUFFOLIJ COUNTY OF SUFFOLI� ss.: kt� N On the �day of May in the year 2006before me,the On thxday of May in the year 2006before me,the undersigned,personally appeared Luba Corso , undersigned,personally appeared Regina Corso personally known to me or proved to me on,the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names)is(are)subscribed to evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the person upon behalf of which the individual(s)acted,exec the instrument. •,,�� instrument. I Sig ure and Of ice of vSignature and Office of individual taking acknowledgment indiidual taking acknowledgment Notary bqb�k, STRICKLAND Notary Public * For acknowledgments taken in New York State.otary Public,ST601403 New York y y BRENDA L. STRICKLAND Qualified in Suffolk 9 County Notary Public,S tale of New Yolk Commission Exp Qualified in Suffolk County Commission Expires 09/28/200$( ** State,District of Columbia,Territory,Possession,or Foreign Country ) ss.: On the_day of in the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual made such appearance before the undersigned in the .(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). Signature and Office of individual taking acknowledgment ** For acknowledgments taken outside of New York State. argain limb gpale ;Deeb SECTION 083.00 WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. BLOCK 02.00 Luba Corso, Regina Corso, and LOT 011.014 Monica Corso Raynor COUNTYi!i#XPU%'W Suffolk TO Michael Judge and Ellen Costello Recorded At Request of First American Title Insurance Company of New York RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Charles R. Cuddy, Esq. Distributed by 445 'Gr i f f ing Avenue First American Title Insurance Company P.O. Box 1547 of New York Riverhead, NY 11901 e Zip No. ku V W6 LL O da of O M O 2 2 t� 6 w DU STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the e 0 day of May, 2006, before me, the undersigned,. personally appeared Monica Corso Raynor personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, execute th instrument. i --rotary Public BRENDA L. STRICKLAND Notary Public, State of New York No. 01 ST6014034 Qualified in Suffolk County Commission Expires 09/281200bL,- Title No, L-562110-S Amended 5/25/06 SCHEDULE A - DESCFJPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the northerly line of land now or formerly of Oregon LLC,at the southeast corner of the premises herein to be described; said point of beginning is distant the following three (3) courses and distances from the northerly side of Oregon Road: (1)North 48 degrees 44 minutes 00 seconds West, 1615.42 feet; (2) South 82 degrees 28 minutes 00 seconds West, 13.29 feet; (3) South 82 degrees 28 minutes 00 seconds West, 187.82 feet; DUNNING THENCE from said point of beginning, South 82 degrees 28 minutes 00 West, 27.7.00 feet to the land now or formerly of Morell LLC; THENCE along said land and along the land now or formerly of Nancy Butkus, North 46 degrees 30 minutes 10 seconds West,704.33 feet to the approximate high water mark of Long Island Sound; THENCE along the approximate high water mark of Long Island Sound,the following two (2) courses and distances: (1)North 82 degrees 59 minutes 25 seconds East, 205.24 feet; (2)North 81 degrees 37 minutes 47 seconds East,65.47 feet to land now or formerly of Louis C. Corso, Luba Corso, Regina Corso and Monica Corso; THENCE along said land, South 46 degrees 56 minutes 48 seconds East, 707.61 feet to the point or place of BEGINNING. TOGETHER with certain Rights-of-Way and/or Easements,which said Rights-of-Way are 50 feet and then 25 feet in width,running from the southeast corner of the premises herein described easterly and southerly to the northerly line of Oregon Road. FOR CONVEYANCING ONLY.Together with all right,title and interest of,in and to any streets and roads abutting the above described premises,to the center line thereof. i I IIIIII I((II(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 05/30/2006 Number of Pages: 9 At: 11:19:23 AM ' Receipt Number : 06-0052392 TRANSFER TAX NUDGER: 05-40304 LIBER: D00012452 PAGE: 399 District: Section: Block: Lot: 1000 083.00 02.00 011.014 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $27.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copi.es $11.25 NO RPT $50 .00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO TRANSFER TAX NUMBER: 05-40304 Fees Paid $118.25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ' 1 Nun[bcr of pages RECORDED 2006 Mau 30 11.19:23 RM TORRENS Judith R. Pascale Serial# CLERK OFSUFFOLK COUNTY Certificate# L DWO12452 P 399 Prior Ctf.# DTI} 05-40304 Deed.Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee C21 = Mortgage Amt. Handling 5 I.Basic Tax _ . Q(L 2.Additional Tax TP-584 6 = Sub Total Spec./Assit. Natation — or EA-5217(County) Sub Total I Spec./Add. TOT MTG.TAX _ EA-5317(Stale) S� Dual Town_ Dual County T R.P.T.S.A. — Held for Appointment py Transfer Tax _ Comm.of Ed. 5. 00 Mansion Tax a • Affidavit .�ys' The property covered by this motgage is or will be improved by a one or two Certified Co a5 family dwelling only. YES or NO Rcg,Copy Sub Total ry ' If NO,see appropriate tax clause on Other � 6 — Grand Total h •a'5 page# of this instrument. •5-a 8-dco 1000 83 2 11.14 b 11.13 4 District Section Block Lot Community Preservation Fund Real 2000 08300 0200 01102.4 Consideration Amount - Property F'T-� 1000 08300 0200 011013 CPF Tax Due Tax Service �3O-LMJAY Agency Improved Verification _ Vacant Land Satisfuction/Dischargcs/Release List Property Owners Mailing Address TD �D�a RECORD&RETURN TO: Patricia C. Moore, Esq. TD 51020 Main Road Southold, NY 11971 TD 7 Title Company Information Co.Name Title# 8 Suffolk County Recording & Endorsement Page This page fomts part of the attached Declaration of Covenants, Restrictions and Easements made bv: (SPECIFY TYPE OF INSTRUMENT) Luba Corso, Regina Corso and The premisis herein is situated in Monica Corso SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Louis Corso, Regina Corso, In the VILLAGE Monica Corso and Luba Corso or HAMLET of Cutchogue Dear Taxpayers, Your satisfaction or mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes,you will now need to contact your local Town Tax Receiver so that you may be billed directl for all future ro enx tax bills. Local property taxes are payable twice a year:on or before January 10"and on or before May 31'. Failure to snake payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding tax payments. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,NY 11757 Riverhead,NY 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson,NY 11777 Shelter Island,NY 11964 (631)473-0236 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Panligo Place 99 West Main Street East Hampton,NY 11937 Smithtown,NY 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes ' 100 Main Street 116 Hampton Road Huntington,IvY 11743 Southampton,NY 11968 (631)351-3217 (631)283-6514 - lslip'1'own Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip,NY 11751 Southold NY 11971 (631)224-5580 (631)765-1803 Sincerely, Edward P.Romaine Suffolk County Clerk I DECLARATION- OF COVENANTS, REESTR ICT IONS AND '.z-.ASJ_,',MENTS This declaraton made zhis JOY day of 200G, . between Luba corso, an ;.;ndivided 34% intcrest, Regina Corso, an undivided 33% interest:; and Monica Corso, an undivided 33V interest '*L�ssd.inq at 2.0.13ox 1289, Or(!qon Road, Cutchogue, -New York, 11935, hereinafter refer-r.-ad Lic as "Luba" and Louis Corso, as Lo an Lindiv- ded thirty-one (31%)pe-rcent interest; 1'%eqlria Corso, as to art undivided twenty-three (23%)percent. interest; and Monica Corso, .as to an undivided twenty-three (23% )percent interest and 1.uba Corso, as to an undivided %.wenty-t'n-ree (23%)percenL interest, as tenants in corwnton, residing at ?.O.Box 1289, Oregon Road, Cutchogue, New York, 11935, hereinafter referred to as "Louis" . W1TNXSSETH Whereas, "la.iba" is the owner of real property, described on the annexed Schodule A, and known as Suffolk County Tax [,oic 11 . 14 , and which properLy is also known as 13007 Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, her einalLer referred' zo as LoL 11 .14 and Whereas, "Louis" is the owner of the real property, described on the annexed Schedule B, and :mown as Suffolk Councy Tax Map Number 11 . 13,which property is also known as 13451 Oregon Road, Cutchogue, Town of SOL.Ithold, COUrlLy olf Suffolk and State of New York, hereinafter relerred to as Lot" 11.13; and Whereas, "Loui S" wishes to irnpo.su on Lot 11. 14 for the buneEft of Lot 11 .13, cortain iestricLlons on the use of LOL Now, Chore:(ore, Luba, for herself, elf, its successors arid assiqns, declares thaL Lot 11 . 14 is and ;shall be held, transferred, sold, conveyod acid occupied subject- to the following covenarit.s, restrictions, conditions and casements (soinetirnes referred Lo as "covenants and restrictions") hereinafter set rorth. Section I- Easements and Right of ways: (A) Both Luba and 1,01jis mutually reserve a ten (10) Eoot right of way running froin cast to west along the southerly property line of Lot 11 . 13 and 11. 14, within the 50 Foot east- west right-of-way, and also within the souLhorly 20 Feel of Lot 11 . 13, foi- the purposes or installation, maintenance and repair I ' I • of existing wa L.er sorvi.c o lines. Said water lines run along a ten foot easement on the easterly side of Oregon LLC. Louis reserves the right to grant a water service line easement to any other parcels he deems appropriate. (B)The parties mutually agree that, its heirs, successors and assigns shall restore the easement area to its original condition after construction of a house and any accessory i structures, as well as construction, installation, maintenance, repair, Inspection and I replacement of any driveways, water lines and service utilities. (C) It is hereby confirmed thaL access Lo Lhc promises steal l be from a 25 ' corrunon north/south right--of-wily located on the west. side of Steel 's property (SCTM01000-83-2-10. 16)and l.hen running east and west along a 50 toot: right o way. Said 50 foot right- of-way '..s for Inciress and egress ,a the pre-wises, except ut 1 1.1.t i es . Wa r:er service runs from the 10' easeme-rit described in p;a ragraph I .A. (along the easterly side of land. Of Oregon, LLC) through Louis's parcel and in-cc) Luba's parcel. The cleclric utilities run from Oregon load in a northerly direction via the exi stinq '.,IPA 1 i res (located to the east of Steele _000-Le'i-2- 10. 16 and 10. 17) and then running west to and including loL 11 . 13 and 3.1 . 1 � . (n) At the north end o_ Lhe common 25 foot right-of-way and 1 along the 50 foot east-wesr right-of-way (on Louis 's parcel SCTM')1000-83-2-1.1 . 13) , Louis has a berm, extensive landscaping, driveway and improvements which he wishes i.o re Lain. Luba h.e•_-eby grants and Louis hereby reser'vc an easement: for the continued use and enjoyment of his driveways, landsc;aging and improvements within the 50 foot east-was L• r i ghr:-c f-way. Notwi the tand i.ng [.he driveway shown on exhibit C aridthe 50' east-west right-of-way, Luba. shall be limited to a r•e::=i de=ial driveway !%:nn Ing atlong the southerly 20 feOL of the 50 Foot east-west' right-of-way running along Louis's properly (scTMI,'•1000-83-2-11 .13) Section 2 - Fences: NoLhing herein is intended to or shall prohibit fences anywhere on I r,t 11 .14, except Lhat no fence may be constructed wi.thIn 25 feet of the easterly boundary of. Lot. 11 . 14 running along lot 11 . 13. Section 3 - Condition of premises: Lot 1.1. .14 shall be kept neat, orderly and well irrainta i ned. It is not. the irate--i urr of Louis l.hat the beach front_ and bluff front areas of Lot 11 . 1,11 be maintained in other than a nar:ural condition . Section 4 - Completion cif construction of: residence:: The exterior, of the residence to te const-'L:cted on Lot 11 . 14 must. be I 100% completed within 12 months cif the dace o issuance of a 2 building, permit by the Town of; Southold .or commomcement or construcr.ion, which ever- is later, subject t.o tor•c;e ma j eure. Sec:r:i.on 5 - Trailers, mobile hornes, eLc. : No trailer, ..obi le horne, Lens or shad shall be used as ai residence. Section 6 - Signs: No signs other than one. displ.aying owner's name and addreGs sha_.l. be erected. Stich permitted sign shall not exceed 288 square inches in size. In addition, to:nporary "For Sale" and small security alarm, "Private Property" ana "No Tresuassing" s ' gr;s shall be permitted. Section 7 - Ani rnals: No animals, other that, the usual and custo:::ary inside household pets, shall be pL' On the premises and such pets must be confined to Lot 11 . 14 . On are prohibited. No coops, outside cages, dog runs or other structures f.or: housing animals shall be erected without the aoorova_ of Louis, as determined by Louis, in its sole and absolute discretion. Secl.ion 8 Garbag�i, debris: No portion of Lot 11.14 shall be used or; mai.nt:aii.ned ;s as dumL:'.n^y clr-aund for. r:trbbish, eras-, gar:ba!�ic or other waste includina compost. All household garbage -hull be i stored i n a closed container(s) , screened from view and shall be i =eInoved Fr-cm the prem_f ses nc::. Less thin once per week. SecLion 9 - Boardirq up of structures: No residence and accessory s;r uctur:cs -:tail be boarded up, nor shall any wi r!dows or entrances be sealed For any extended period of time, except in case of fire or similar catastrophe. Section 10 - Rental : No pori.ion of the residence shall be rented to boarders or Lransionts, and no Bed & Breakfast, or other such use shall be permitter. (no seasonal rental -hall be perrid.ttod. ) This provision is not intended t.o and shall not prohi.b .n the rental of Lot 11 .14 ;:o tenants r.elai.ed one another, or the housing of housekeepers, horne huaith aides, nurses, Nannies or similar personnel . Section 11 - Vehic.ies/boats: Commercial vehicles and commercial boats shall only be stored in a garage. Non-commer:c-al vehicles including trucks, boats, mobile homes, campers, { recreational. vehicles (RV) or trailers, limited to one:, may be stored ouL of doors. Section 12 - No structure or conaLruc:r:ion shall take place , within 150 feet seaward of the tr o of the b 1 i 3 Section 13 Landscape buffer area : schedult, C 4_eoicrs an area described as "Landscape buffer area" 225 (eel- in w1d.:J. a :one the easterly property line of Lot 11 -14 . Naturally occ urrLrlq t!:e(-,s and plan-us in the buEfor area shall not be distu.:b(ld unlesn the owner of the premises replaces such trees or plants with nursery stock which provide comparable or better screen l.nq . Section 14 - EasLerly side yarn' setback;: Annexed hcreLf) E.S Schedule C is .a survey of Lot 11 . 14, No building or structure, whether permanent or tempornry, shall be ere.-cted or maintained within the area noted thereon as '"25 feet easterly side yard" of Lot 11.14 . Section 15 - Maintenance of ri(.,h:: or" way: Lot 11 .14 is benoEitted by a 25 foot right of way and easement tor ingress and egress, except UtUities, in coirtmon with o-r-Iners, and beginning or) the north side of Oregon Road, north to land of Louis, then east to lot 10.12. The owner of Lat ji . lt, be responsible for one-f-ifLh of the cost to repair and maintain the road and drainage, including, but: riot Limited 'cc snow removal, for thr:.- entire length of said right of ways from Oregon Road to the 50 Coo'. east-west right-of-way from 11. 114 zo Lhe wesl-er.ly border c-f land now oi- formerly of Solinger (SCTM01000-63-2-10. 12) . The extent of routine repair and maintenanco o,- said r.lghL of way shall be determined by the owner of Lor. 13 . 13, in its sole discretion. Snow removal shall be rea-,::Ired as needed. Payinorir- of one-fifth of the cost of snow removal and routine repair and maintenance shall be due and payeble 30 days of the .1 presentation of the receipted statement and request for payment. Section 16 - Bulkhead and bluff vegetation: The owner of lot 1-1 -14 shall maintain Lhe bulkhead and biu_-*'_'--f_- onL veaetaLio.n on Lot 11. 14 and as to the bulkhead, repair any damage, as soon cis prac-Licable, and t,-) mad iritjin bulkhead a.s bu"..--- . Soci-Jr-ri 1 *7 - Tn the event of breach of any Prov.1sion of these coveriant.s and restrictions, 111.jotAs, his successors or assigns, after 30 days noticeto remedy said viola ion or breach, shall be entitled to recover any and all costs and expenses incurred, including reasonable attorneys fees. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. 4 TN WITNESS WHEREOF, uhe par=ies hereto have set cheir hands and seals on the day and year first above written. L Co;Cor6ad c Re _ u Mo ica C so, Louis Corso I I State of New York ) ) :ss. : County of Suffolk ) On theAday of May in the year 2006 before me, the undersigned, personally appeared Luba Corso, Regina Corso, Monica Corso and Louis Corso, 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 they executed the same in. their capacity, and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, e:•:ecuted the instrument. ��Notary Public SRENDACqL.STRICKLAND I i Pldery No I0 SS'TB(Imof o;Now Oueltfied in Suitolk cornrNmon Wren o=(� 5 Title No. L-5621 10-S i SCIiF'D1; .,E A-DESCRIPTION ALI, those certain plots,pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the northerly line of land now or formerly Oregon LLC.,said point being situate the following two (2)courses and distances from the intersection of the boundary line between land now or formerly Oregon LLC on the west and land now or formerly of Timothy 1'. Steele and Jeanne F. Steele on the east and the northerly side of Oregon Road, said boundary line also being the westerly line of a certain 25 foot right of way; 1. North 48 degrees 44 minutes 00 seconds West 1,602.13 feet along said boundary line; 2. South 32 degrees 28 minutes 00 seconds West 201.11 feet along the northerly line of land now or formerly Oregon LLC; RUNNING THENCE from said point of beginning South 82 degrees 28 minutes 00 seconds West along land now or formerly Oregon LLC 277.00 feet to land now or formerly Morell LLC; RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land now or formerly Morell LLC and along land now or formerly Nancy Butkus 740.33 feet to the high water mark of the Long Island Sound; RUNNING !'HENCE North 84 degrees 43 munttes 48 seconds East along the high water mark of the Long Island Sound 278.84 feet to Lot 1,as shown on Map prepared for Louis Corso and Luba Corso; RUNNING THENCE South 46 degrees 56 minutes 48 seconds East along Lot I, as shown on Map prepared for Louis Corso and Luba Corso 730.77 feet to the point or place of BEGINNING. CONTAINING an area of 3.577I acres. TOGETI• ER WI'I R certain righis of way and/or casements shown on the aforementioned snap prepared for Louis Corso and Luba Corso. FOit CONVEYANCING ONLY:Together whit all right,title and interest or,in and to any streets and roads abutting the above described premises,to the center line thereof, A 3 ALL those certain plots, pieces, ur parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Sourhold, County of Suffolk and State of New York, known and designated as Lot 1. and Lot '), as shown on Map Prepared for Louis Corso & Luba Corso (Lot tine Change) prepared by Young &Young LandSurveyors, Riverhead, New York, last dated July 18, 2005, more � particularly bounded and described as follows: BEGINNING at the northerly terminus of the boundary line behveen land now or formerly Oregon LLC.on the west and land now or formerly of Timothy T. Steele&Jeanne F. Steele on the east, said point being situate North 48 deg. 44 min. 00 sec. West as measured along said boundary line 1,602.13 feet from the intersection of said boundary line and the northerly side of Oregon Road, said boundary line.also being the westerly line of a certain 25 foot right of way; RUNNING thence from said point or place of beginning South 82 deg. 28 min. 00 sec. West along land now or formerly Oregon LLC 201.11 feet to Lot 2, as shown of Map Prepared for Louis Corso & Luba Corso; RUNNING thence Forth 46 deg. 56 min.48 sec.West along Lot 2,as shown of Map Prepared for Louis Corso & Luba Corso 730.77 feet to the high water mark of the-tong i Island Sound; RUNNING thence along the high water mark of the Long Island Sound the following three (3) tie-line courses and distances: I. North 84 deg. 43 min. 48 sec. East 93.02 feet, 2. North 80 deg. 59 min. 55 sec. East 159.50 feet, 3. North 82 deg. 53 min.39 sec.East 85.44 feet to land now or formerly Louis C. Corso, Regina Corso, & Monica Corso; RUNNING thence South 48 deg. 53 min. 00 sec. Fast along land now or formerly Louis C.Corso, Regina Corso, &Monica Corso 709.84 feet to land now or formerly Timothy 1'. Steele &Jeanne F. Steele; RUNNING thence South 69 deg. 56 min. 25 sec. West along land now or formerly Timothy T. Stecic.&Jeannie F. Steele 1.45.17.1eet to the point or place of Beginning. CONTAINING an area of 4.5183 Acres. TOGFITIER WITH&SUBJECT TO certain rights of way and or easements shown on the aforementioned Map Prepared for Louis Corso &Luba Corso. Q it . „ / r L� c eau � oc Q o• , � � .o c U,UO act �� �r �/ '� � a� wQ F p1.c � . .. �o r /�1 08, 2 It m T COUNTY OF SUFFOLK ,INN 2008 STEVE LEVY �0�RO SUFFOLK COUNTY EXECUTIVE I�MNG apApp DEPARTMENT OF PLANNING THOMAS�S AICP DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffries 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER (631)853-4044 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 sets of Building Plans TEL: (631)765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Examined ,20 Storm-Water Assessment Form Contact: Approved 20 Mail to: Charles R. Cuddy, Esq. Disapproved a/c PO Box 1547, Riverhead, NY 11901 Phone: 3 6 9—8 200. Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT. Date April 3, 2008 ,20. INSTRUCTIONS a.This application MUST be completely 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 on premises,relationship to adjoining premises or public streets or areas,and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has.not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a co ration) u lR ! ;,'' PO Box 1547, Riverhead, NY 11901 (Mailing address of applicant) State..Wh0t,kQr..app ner I essee, agent, architect, engineer, general contractor, electrician,plumber or builder Agent Name of owner of premises Michael Judge and Ellen Costello (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer N/A (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 13007 Oregon Road Cutchogue House Number Street Hamlet County Tax Map No. 1000 Section 83 Block 2 Lot 11.14 Subdivision FiJ. a I�To:, 1 Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use anc occupancy residential b. Intended use an occupancy' residential * Pool House 3. Nature of work(check which applicable):New Building X Addition Alteration Repair Removal Demolition Other Work X swimming pool (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5: If dwelling,number of swelling units Number of dwelling units on each floor If garage, number of ars N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front N/A Rear Depth Height Number of Stories pool'. house 8. Dimensions of entire ne construction: Front 13.63 Rear 13.63 Depth 14.38 Height Number of Stories 1 story 277 ft. 270.61 707. 61 9. Size of lot: Front � Rear Depth i 10. Date of Purchase Name of Former Owner LoUis Corso. Regina Corso and Monica Corso 11. Zone or use district in which premises are situated R-80 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO X 13. Will lot be re-graded?YES NO! Will excess fill be removed from premises?YES NO Michael Judge Elle Cos&ello o; IL (312) 475-1586 14.Names of Owner of premises ADress g Phone No. Name of Architect David Foley Address534Ca g m ri e t. 54/ hone No - 8002 Name of Contractor Address am ri ge, MA UZIPioneNo. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * 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 accurate foundation plan and distances to property lines. I 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants d restrictions with respect to this property? * YES X NO * IF YES,PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF Suffol Charles R. Cuddy, being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the A�ent (Contractor,Agent, Corpoiate 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 fo h in the application filed therewith. Sworn to before me this n �i- _day of 1,KI 1 20 08 A) J Notary Public App scant ignature f MIONA KODYM Notary Public, State of New York No. 01 KO6088386 Qualified In Suffolk County . Commission Expires March 3, 2011 FORM NO. 3 • TOWN. OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33792 Z Date APRIL 4, 2008 Permission is hereby granted to: MICHAEL JUDGE & ELLEN COSTELLO 189 E LAKE SHORE DRIVE 4W CHICAGO, IL 60611 for CONSTRUCT 1 FAM. DWLG AS APPLIED FOR PER SCHD APPROVAL AND NJ LETTERS FROM DEC AND TRUSTEES . HOUSE ONLY. THIS PERMIT REPLACES BP 31942 . .at premises located at 13007 OREGON RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0002 Lot No. 011 . 014 pursuant to application dated APRIL 4, 2008 and approved by the Building Inspector to expire on OCTOBER 9. Fee $ 2, 556 . 80 Au or' ed Signature COPY Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33793 Z Date APRIL 4, 2008 Permission is hereby granted to: MICHAEL JUDGE & ELLEN COSTELLO 189 E LAKE SHORE DR 4W CHICAGO, IL 60611 for CONSTRUCTION OF AN ACCESSORY GARAGE AS APPLIED FOR. THIS PERMIT REPLACES BP 31945 . at premises located at 13007 OREGON RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0002 Lot No. 011 . 014 pursuant to application dated APRIL 4, 2008 and approved b�r�t e Building Inspector to expire on OCTOBER 4 9 . Fee $ 335 .20 i i Author d Si na ure COPY Rev. 5/8/02 . i I I I IIIIIII IIII(IIII IIIII IIIII IIIII III II IIIII III II IIII IIII I(IIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 03/31/2008 Number of Pages : 7 At: 10 :01: 07 AM Receipt Number : 08-0028912 TRANSFER TAX NUMBER: 07-22715 LIBER: D00012545 , PAGE : 797 District: Section: Block: Lot: 1000 083 . 00 02 . 00 011 . 013 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21 . 00 NO Handling $5. 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 .00 NO Notation $0 .50 NO Cert.Copies $5. 00 NO RPT $50 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $106 .50 TRANSFER TAX NUMBER: 07-22715 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County r FT 2 RECORDED Number of pages t Judith A. Pascale TORRENS r`ERK OF SUFFOL}:; COUNTY Serial# L GOOO12545 F. 79-17 Certificate# L'T# 07- "2?15 Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES f Page/Filing Fee / .— Mortgage Amt. 1. Basic Tax Handling 5. 00 2.Additional Tax TP-584 Sub Total G� Spec. /Assit. Notation or `� Spec./Add. EA-5217 (County) Sub Total so TOT. MTG.TAX EA-5217 (State) Dual Town Dual County C �R.P.T.S.A. Held for Appointment � � �� �'b Transfer Tax Comm. of Ed. 5. 00 Mansion Tax Affidavit �allo�N �L� The property covered by this motgage is c-' or will be improved by a one or two Certified Copy m. family dwelling only. YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on Other a e# of this instrument. r , Grand Total - SD - pg nil n,3 4 iDistrictIOC 1000 08300 0200 011013 .014 5 Community Preservation Fund 1000 08300 0200 011014 Real p T S Consideration Amount $-0- Property R LPA A Tax Service 31-MAR-0 CPF Tax Due $-0- Agency Improved Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD & RETURN TO: Patricia C. Moore,Esq. TD 51020 Main Road Southold,NY 11971 TD 7 Title Company Information Co. Name Peconic Abstract, Inc. Title# 8 Suffolk County Rec rding & Endorsement Page This page forms part of the attached Amendment to Declaration of C & Rs and Easements made by: (SPECIFY TYPE OF INSTRUMENT) Michael Judge and Ellen Costello The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold Louis Corso, Regina Corso;Monica Corso In the VILLAGE and Luba Corso or HAMLET of Cutchogue BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) AMENDMENT TO DECLARATION OF COVENANTS,RESTRICTIONS AND EASEMENTS THIS AMENDMENT TO THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS made this---F--day of D , 2008, is made by Michael Judge and Ellen Costello, residing at''" ' T' '"sc �`_.__1 y___ I_� Y 4-69 1 (hereinafter referred to as "Michael") and 1 sel e• (Atep— c� X%m qW G4�k,tj'r° t C L Co o(0(t Louis Corso, as to an undivided thirty-one (31%) percent interest; Regina Corso, as to an undivided twenty-three (23%) percent interest; Monica Corso, as to an undivided twenty-three (23%)percent interest and Luba Corso, as to an undivided twenty-three (23%)percent interest, as tenants in common,residing at 13451 Oregon Road,P.O. Box 1287, Cutchogue,NY 11935, hereinafter referred to as "Louis". WITNESSETH: WHEREAS, "Michael" is the owner of real property, described on the annexed Schedule A, and known as Suffolk County Tax Map No. District 1000 Section 83 Block 2 Lot 11.14, and which is also known as 13007 Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York,hereinafter referred to as Lot 11.14 and WHEREAS, "Louis" is the owner of real property, described on the annexed Schedule B, and known as Suffolk County Tax Map No. District 1000 Section 83 Block 2 Lot 11.13, and which is also known as 13451 Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, hereinafter referred to as Lot 11.13 and WHEREAS, "Michael" and"Louis"wish to clarify the intent of the language that was stated in the Declaration of Covenants, Restrictions and Easements dated May 28, 2006 and recorded in the Suffolk County Clerk's office on May 30, 2006 in Liber 12452 Page 399. WHEREAS, "Michael" and "Louis" are hereby amending the Declaration of Covenants, Restrictions and Easements dated May 28, 2006 and recorded in the Suffolk County Clerk's office on May 30, 2006 in Liber 12452 Page 399 by replacing Section 12 with the following language: Section 12 -No structure or construction shall take place within 150 feet landward of the top of the bluff. IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and year first above written. Michael Judge El n Costello Louis Corso <. f •1 �gma o so r Monica Corso Luba<hrso STATE OF ) SS: COUNTY OF �- ) On the I°�` day of , in the year 2008, before me,the undersigned, personally appeared Michael Judge,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the .(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). Notary Public STATE OF ) °OFFICIAL SEAL" n _,� SS: lialina B.Lesnicki COUNTY OF �"" ) Notary Public,Starr of Illinois My Commission Exp.02/15/2010 On the��y'1'day of �, in the year 2008,before me, the undersigned, personally appeared Ellen Costello, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the .(Insert the city or other political subdivision and the state or count or other place the acknowledgment was taken). �,.,�, . "OFFICIAL SEAL° Notary Public Halina B, Iesnicki Notary Public,State of Illinois My Commission Exp.02/15/2010 i STATE OF NEW YORK ) (` `` SS: COUNTY OF 11�'ri3lt ) On the 0%ay of rLl ���' , in the year 2008, before me, the undersigned, personally appeared Louis Corso, 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 thiiidi ual acted, executed the instrument. I U JLV Notary Public BRENDA L. STRICKI.. `•;D Notary Public, State, of New York No. 01 ST 01 H 034 Qualified in Suiloil. County. STATE OF NEW YORK ) Commission I:>:pircs o�;2i3I2o�o � COUNTY O1 SS:U1� ) On the day of-'F WA! , in the year 2008, before me, the undersigned,personally appeared Regina Corso,personall§known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and iat"by her signature on the instrument,the individual, or the person upon behalf of w ich the indi . ual ed, executed the instrument. L otary Public BRENDA L. STRICKI—ND Notary Public, Sat:- c)f New York No. 01 STr014034 Qualified in Suilolk County Commission Expires 0 9/2 812 0 4 0 STATE OF NEW YORK ) COUNTY OF � ,1 K) SS: On the day of Q)On- , in the year 2008, before me, the undersigned, personally appeared Monica Corso, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 17 Notary Public BREN;I 'A L. Notary Public `':�t c.; iN w York No. 0•i S•T60140, Qualified in Suifo;k County Commission Expires 09/28/20NO I STATE OF NEW YORK ) SS: COUNTY O \ ) 1 � On the 1V day of l ` 6wck in the year 2008, before me, the undersigned, personally appeared Luba Corso, personally k own to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the in&vidual a ted, executed the instrument. otary Public BRENDA L. STHIC:K1.:-ND Notary Public, State of New York No. 01 ST6014Cs34 Qualified in Suffolk County m Cornission Expires O9/28/20)0 COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Recor hereof, do herby certify that I have compared the annex d w•th t he origina G� RECORDED in the under LIBER ,, >> office on c— / �p'Z� .......PAGE .�.9. ! ...... , .and, that the same is a copy, as redacted, thereof, and of the whole of such original. true In Testimony Whereof, I have hereunto se said County and Court on this .. ....d Y and a d affixed the seal of �� ay of..... ... ...., 20.(�.�. CLERK �...Z �. Comrnission kx;nres uw4oizvw _ SCHEDULE A-DESCRIPTION ' ALI, those certain plots,pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the northerly line of land now or formerly Oregon LLC., said point being situate the following two (2)courses and distances from the intersection of the i boundary line between land now or formerly Oregon LLC on the west and land now or formerly Of Timothy 1'. Steele and Jeanne F. Steele on the east and the northerly side of Oregon Road, said boundary line also being the westerly lino of a certain 25 foot right of way; 1. North 48 degrees 44 minutes 00 seconds West 1,602.13 feet along said boundary line; 2. South 82 degrees 28 minutes 00 seconds West 201.11 feet along the northerly line of land now or formerly Oregon LLC; RUNNING THENCE from said point of beginning South 82 degrees 28 minutes 00 seconds West along land now or formerly Oregon LLC 277.00 feet to land now or formerly More]] LLC; RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land now or formerly Morel l LLC and along land now or fonnerly Nancy Butkus 740.33 feet to the high water mark of the Long Island Sound; RUNNING THENCE North 84 degrees 43 mv>utcs 48 seconds East along the high water mark of the Long Island Sound 278.84 feet to Lot 1, as shown on Map prepared for Louis Corso and Luba Corso; RUNNING THENCE South 46 degrees 56 minutes 48 seconds East along Lot I, as shown'on Map prepared for Louis Corso and Luba Corso 730.77 feet to the point or place of BEGINNING. CONTAINING an area of 3.5771 acres. t t TOGLTHE'R WITH certain rights of way and/or easements shown on the aforementioned snap prepared for Louis Corso and.Luba Corso. FOR CONVEYANCING ONLY:Together whit all right,title and interest of,in and to any streets and roans nbutting the ohove described prentises,to die center line thereof. A r SCHEDULE B - DESCRIPTION =' AI,L those certain plots; pieces, ur parcels of land, with the buildings and improvements thereon erected; sittiare,"t lying and being at Cutchoguc, Town of otirlinld, County of Suffolk and State of New York, known and designated as Lot 1. and Lot as shown on Map Prepared for Louis Corso & Luba Corso (Lot Line Change) prepar d by Young &Young Land Surveyors, Riverhead, New York, last dated ,July 18, 2005, more � particularly bounded and described as follows: BEGINNING at the northerly terminus of the boundary line between land now or formerly Oregon LLC.on the west and land now or formerly of'1'imothy T. Steele 8c Jeanne F. Steele on the east, said point being situate North 48 deg. 44 min. 00 ,sec. West as measured along said boundary line 1,602.13 feet from the intersection of said boundary line and the northerly side of Oregon Road, said boundary line also being the westerly line of a certain 25 foot right of way; RUNNING thence from said.point or place of beginning South 82 deg. 28 'n. 00 sec. West along land now or formerly Oregon LLC 201.11 feet to Lot 2, as shown 3f Map Prepared for Louis Corso & Luba Corso; RUNNING thence North 46 deg. 56 min. 48 sec. West along Lot 2, as shown of Map � Prepared for Louis Corso & Luba Corso 730.77 feet to the high water mark of tf e•Long i Island Sound; RUNNING thence along the high water mark of the Long Island Sound the following three (3) tie-line courses and distances: I. North 84 deg. 43 min. 48 sec. East 93.02 feet, 2. North 80 deg. 59 min. 55 sec. East 159.50 feet, 3. North 82 deg. 53 min.39 sec. East 85.44 feet to land now or formerly Louis C. Corso, Regina Corso, & Monica Corso; RUNNING thence South 48 deg. 53 min. 00 sec. Last along land now or formerly Louis C. Corso, Regina Corso,&Monica Corso 709.84 feet to land now or formerly Tihnoffiy T. Steele &Jeanne F. Steele; RUNNING thence South 69 deg. 56 min. 25 sec. West along land now or formerly Timothy T. Stecic•&Jeanne F. Steele 1-45.17,feet to the point or place of Beginning CONTAINING an area of 4.5183 Acres. TOGE'n-lER WITH&SUBJECT TO certain rights of way and or easements shown on the aforementioned Map Prepared for Louis Corso &Luba Corso.