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Board Of Southold 'Town Trustees
{i SOUTHOLD NEW YORK
.,> t 1
PERMIT NO. .... ........ - o
,..: :. � .�.. DATE: ..Q�......................., I
' ber 24 99
s o f ISSUED TO .........Zdw.ar.d...Tb,4rp....................... .........................
Pursuant to the provisions-of Chapter 615 of the Laws of ;E '
.. the State of New York, 1893; and Chapter 404 of .the Laws of the ' -
State of New York 1952; and�the Southold Town Ordinance en-
' titled "REGULATING AND THE PLACING OF OBSTRUCTIONS. !?y
?' > I IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
l r L{i LANDS UNDER TOWN WATERS;" and' in accordance' with the
Resolution of The Board adopted at a meeting held on ..Oct.ober....23, 19'11
I9....96.., and in consideration of the `sum of ......................... paid by
150.00
..... .......
- f E.dwar.d..'I'h. r •���` ;. .........En....C.ons.ult.ants...axa....b.ok�.al#....a.. .Q..p. .;
of .................................................................................... .... N. Y. and subject to the ° F
Terms and Conditions listed on the, reverse side hereof, I;4
� a of Southold Town 'Trustees authorizes and permits the following: a
- 1-famil 'dwelling, swimming pool with �s
to construct a ,2 story, y g, g p rk
�j1j drywells for wash back, decks, pervious driveway, underground.
ts!: utilities, sanitary system whll, as pemrrevised survey dated
4/17/96, subject to hay bales duaing construct with silt fence
1 1 all in accordance with the detailed specifications as presented in
the originating application. ` at 75' line or 15' contour. line.
ya
IN WITNESS WHEREOF, The said Board of Trustees here-.
by causes its Corporate Seal to be'affixed, and these presents"to
y� be subscribed by a majority of the said Board as of this date
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TERMS and CONDITIONS
The Permittee
residing at N. Y., as
.part of the consideration for the issuance of .the Permit does understand and prescribe to the fol-
lowing:
1. That the said Board of Trustees and the Town of Southold are released from any and
all damages, or claims for damages, of suits arising directly or in as a result of any oper-
ation performed pursuant to this permit, and the said Permittee will, at his or her own expense,
defend any and all such.suits initiated by third parties, and the said Permittee assumes full liability .
with respect thereto, .to the complete exclusion of the Board of Trustees of the Town of Southold
2. That this Permit is valid for .a period of coos. which is considered to be the
estimated time required to complete the work involved, but should circumstances warrant, request
for an extension may be made to the Board at a later date.
3. That this Permit should be retained .indefinitely, or as long as the said Permittee wishes
to maintain the structure or project involved, to provide evidence to anyone concerned that auth-
orization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or
its agents, and non-compliance with the provisions of the originating application, may be cause for
revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along
the beach between high and low water in
7. That if future operations of the Town of Southold require the removal and/or alterations
in the location of the work herein authorized, 'or if, in the opinion of the Board of Trustees, the
work shall cause unreasonable obstruction to free navigation, the said Permittee will be required,
upon due notice, to remove or alter this work or project herein stated without expenses to the Town
of Southold.
8. That the said Board will be notified by the Permittee,ot the completion of the work auth-
orized
9. That the Permittee will obtain all other permits and consents that may be required sup-
plemental to this permit which may be subject to revoke upon failure to obtain same.
SUFFO��
�� CD Town Hall
Albert J.Krupski,President h�0 Gy 53095 Main Road
James King,Vice-President o 1 P.O.Box 1179
Henry Smith COD 2 Southold,New York 11971
Artie Foster p
Ken Poliwoda y� ��� Telephone(516) 765-1892
�,( •.�`� Fax(516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
September 24, 1998
Gary F. Olsen, Esq.
P.O. Box 706
Main Road
Cutchogue, NY 11935
RE: SCTM#31-7-10
Diana Fischer
Dear Mr. Olsen:
The following action was taken at the Southold Town Board of
Trustees Regular Meeting on September 23, 1998.
RESOLVED, that the Southold Town Board of Trustees approve the
request for a Transfer of Permit #4656 from Edward Thorp to
Diana Fischer and to extend the permit one year to construct a
2-story dwelling, swimming pool, drywells, wash back & septic
system. Permit will expire October 24_, 1999 .
If you have any questions, please contact our office at 765-1892 .
Sincerely,
t
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/lms
cc: Building Dept.
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P.O. BOX 706 ■ MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666
FAX 516-734-7712
August 24, 1998
Re: Thorpe to Fischer
Permit Number 4656
Gentlemen:
Please be advised that I represent Diana Fischer who
purchased property from Edward and Virginia Thorpe . The
above referenced permit was issued to the Thorpes on October
24, 1996 . A copy of the permit is enclosed as well as a
copy of the deed dated August 19, 1998: transferring title to
Diana Fischer. I am hereby requesting the Board to approve
a'-- transfer -'of the permit to the new owner,t and to extend same
for a year. I understand that the Board will only extend
the permit for a year at a time and will only grant two
extensions . Also enclosed is an attorney' s check iri.the sum
of $10 .
Very truly ours,
-- �
G ry Fl ner Olsen
GFO:dwo
Enclosures
cc : Diana Fischer
Marsha Z . Hefter
Southold Town Trustees _
Town Hall
P.O. Box 1179
Southold< NY 11971
- Slandanl N.YAl".U. Form 8(M)2201 —Bargain and Sale Deed.with Covenanu against Gramm's AC,s—Individual or Cmpmalion. (single sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD If USED BY LAWYERS ONLY
THIS INDENTURE, made the 19th day of August , nineteen hundred and ninety—eight
BETWEEN EDWARD A. THORP, VIRGINIA THORP, k*xx3dJ= and EDWARD A. THORP, as
Custodian for Benjamin L. Thorp under the Uniform Gifts to Minors Act, both
residing at 12 Norcross Street, Rockville Center, New York 11570
party of the first part,and DIANA FISCHER, residing at 204 Forest Street, Oceanside,
New York 11572
party of the second part,
WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration .
paid by the party of the second part, does hereby grant and release unto the party of the second part;the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and beingAAAk% at East Marion, Town of Southold, County of Suffolk and State
., of New York,- being more particularly bounded and described on Schedule A annexed
hereto and made a part hereof.
BEING AND INTENDED T0, BE the 'same premises as conveyed to the party of.-the
first part by the following deeds:
1. ' By deed from Lois Johnson Thorp, surviving tenant by the entirety of
„ ,,..............:.e..
Frank S. Thorp dated December 29, 1986 and 'recorded with the Suffolk County
Clerk on January 20, 1987 in Libor 10224 at Page 350; •
2. By deed from Lois Johnson Thorp, surviving tenant by the entirety of
1000 Frank S. Thorp dated January 2, 1987 and recorded with the Suffolk County -
Clerk on January 20, 1987 in Liber 10224 at Page'352; .
aq•: 3. By deed• from Aaron D. Thorp; Rebecca B. Thorp and Edward A. Thorp, as
�a�� n• • .Custodian for both Aaron D. Thorp and Rebecca B. Thorp dated April 28, 1996
and recorded with the Suffolk County Clerk on. September 5, 1996 in Liber
031 00 11790.at Page 951. ;
[07.�
The Party of' the First .Part, for himself, his heirs, successors and assigns,,
and 'for Frank' 'S. Thorp, his heirs, successors and assigns, reserves a
pedestrian right—of.—way ten (10) feet in width which right—of—way is located
00 =. parallel to and along the westerly boundary of the premises running from
Due West,Nor'th .Lane to Marion Lake.
SEE RIDER ANNEXED HERETO AND MADE A PART HEREOF..
010.000 :
.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 tD said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first'part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
cration as a trust fund to.be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indentlrre so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the (lay and year first above
' ' written. 7
I N PRESENCE OF:
EDWARD A. THORP, in ivid ly an as
Custodian or Benjamin L. Thorp under
the Uniform GifS1y to Minors Act ,
V .RG . T.A THORP
STATE OF NEW YORC COUNTY OFSUFFOL SS: STATE OF NEW TOM NTY OF SS:
. On the 19th day of August 19 98, before me On the day of 19 , before me
personally came personally came
EDWARD A. THORP and
VIRGINIA THORP
to nlr known to be the individuals described in and who to me known to be the individual described in and who
the foregoing instrument, and acknowledged that
executed the foregoing instrument, and acknowledged that executed
they . executed the same. executed the same.
Notary Public
RORERT DEFRESE .
Notary Public,State of New York
No.01 DE 5035117.
Qualified in Suffolk County 9�
Commission Expires October 24,
STATE OF NEW YORK,'COUNTY OF SS: STATE OF NEW YORK, COUNTY �OF SS:
On the day of 19 ,'before me On the day of 19 , before me
personally came personally came
to Inc known, who, being by me duly sworn, (lid depose and the. subscribing witness to the foregoing instrument, with
sav that he resides at No. whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he is the
of that he'knows
the corporation described
in and which executed the foregoing instrument; that . he to be the individual
knows the.seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors'of'said corpora- execute the same; and that ' he, said witness,
lion, and that , he signed h name thereto by like order. at the same time subscribed h name as witness thereto.
ttr tt ri ttnd oldi Wed
WITH COVENANT AGAINST GRANTOR'S ACTS SECTION
'TITLE NO. BLOCK .
EDWARD.A. THORP, VIRGINIA THORP and LOT
EDWARD A. THORP, as Custodian for COUNTY OR 'TOWN
Benjamin L. Thorp under the Uniform
Gifts to Minors Act Recorded at Request of
TO CHICAGO TITLE INSURANCE COMPANY
DIANA FISCHER
Return by Mail to
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
Distributed by
Cg=CAtisO T)<TLS
IN9ilRANCE COMPANY
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RIDER TO DEED BETWEEN
EDWARD A. THORP AND VIRGINIA THORP, SELLERS
AND
DIANA FISCHER, PURCHASER
The premises conveyed hereunder are subject to the following
covenants and restrictions.
1. The premises shall be improved by a single family
dwelling only and such other accessory structures as may be
permitted by the municipal agencies having jurisdiction thereon.
2 . The premises shall be used for private residential
purposes only.
3 . In order to preserve the rural and aesthetic: character
of the subject premises, as well as to preserve the value of the
subject premises in general, ' and to harmonize the individual lot
with the adjacent properties and the wetlands areas, as well as
to preserve the investment of the Party of the First Part and his .
successors in interest, prior to the erection of any buildings
and structures on the aforesaid property, the addition of any
additional improvements, or the alteration thereof, the plans and
specifications for said construction shall be submitted to and
approved by the Party of the First Part, his designees,
successors or assigns. Neither the cost nor square footage shall
be arbitrarily controlling factors in the matter of approval but
rather the aesthetic suitability of the plans and elevations to
the individual site and the construction thereof, it being
understood and agreed that no plans and specifications so
,conforming and meeting the aforesaid requirements shall be
arbitrarily rejected.
4 . Any building or structure shall be completed within one
year from the date of commencement of said construction. During
the period of construction, the site will be kept clear of
refuse, garbage and construction waste materials.
5. No signs of any nature, except a sign containing the
personal name of the owner or occupant of the residence shall be
placed upon the subject premises without the prior written
approval of the Party of the First Part, his. successors, heirs or
assigns.
6. Any and all private driveways constructed or installed
on the subject premises shall be covered by gravel, stone or
asphalt.
7. No garbage, rubbish, leaves, papers or any other refuse
.." shall be accumulated on the premises, except in enclosed
receptacles. No burning of any kind shall be permitted on the
premises. No garbage, rubbish, leaves, papers or any other
refuse or the receptacles therefor shall be located in the front
yard of the subject premises, except for the temporary location
thereof to facilitate the pick-up of same.
8. No use of the subject premises shall be made of any
portion thereof which will injure the value of the subject
premises, or constitute a nuisance. Without limiting the
generality of what constitutes a nuisance, the following uses
shall be considered a nuisance and are thereby prohibited: (i)
undue noise or disturbance; (ii) parking of trailers, mobile
homes and derelict cars on the subject premises; and (iii)
temporary structures or buildings.
9. No accessory buildings or detached garages are
permitted. Any garage constructed on the premises must be
attached to the principal residence.
10. No construction or improvement shall cause a major
change in the exipting grades of the property in excess of five
(5) feet, except as may be necessary to conform to Zoning Code of
•,. _ r; ifs; ., ,,. -1 ,` : ,,,....
the Town of Southold, and all other rules and regulations of the
Town of Southold, County of Suffolk, State of New York and any
other, municipal authority having jurisdiction thereof.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW PORK
Title No. FNT9816553
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lying and being at Fast Marion,
Town of Southold, Suffolk County, New. York,• said premises being bounded and
described as follows:
BEGINNING at a monument 'set on the northerly line of North Lane, 22.74 feet
comer of Lot No. 188 as shown on "Map of Gardiners
southerly from the southeasterly co
' Bay Estates - Section 3", filed in Suffolk County Clerk's Office as Map No. 5083; `
RUNNING THENCE partly along North Lane and partly along said Lot 188, North 33
degrees 1 minute 20 seconds East, 190 feet, more or less, to the shoreline of Marion
Lake;
THENCE Easterly along said shoreline, : 665 feet, more or less, to land now or
formerly of Lange;
THENCE along said land the following 2 courses:
1. South 18 degrees 30 minutes 40 seconds West, 65 feet, more or less;
2. THENCE North 59 degrees 8 minutes 40 seconds West, 20.47 feet to the easterly
end of the northerly line of.North Lane;
THENCE along said northerly line of North Lane the following three courses
1. North 82 degrees 31 minutes 20 seconds West, 171.74 feet;
2. THENCE North 86 degrees 27 minutes,10 seconds West, 390.71 feet; ,
3. THENCE due West, 146.07 feet to the point or place of BEGINNING. .
TOGETHER with a right of way 30 feet in width over North Lane.
The policy to be issued under this report will insure the title to such buildings and
FOR improvements erected on the premises which by law constitute real property.
CONVEYANCING
ONLY TOGETHER with all the right, title and interest of the party of the first part, of, in and to
the land lying in the street in front of and adjoining said premises.