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HomeMy WebLinkAbout1000-34.-3-39 LOT L I NE CHANGE O U RVEY OF LOT 9 & LOT 10 N MAP OF JOHN G. CHAMPLIN w e s E FILED OCTOBER 23a 1573 FILE No. 337 SURVEY OF P/O LOT q $ P/O LOT 10 s MAP OF PROPERTY OF JOHN A. MONSEL- FILED JUNE 18, 18-15 FILE No. 55 51TUATE: CGREENPORT TOWN: 5OUTHOLD 5UFFOLK COUNTY, W SURVEYED Og-12-01 SUFFOLK COUNTY TAX # 1000-54-5-5g S E P 2 4 2004 1000-34-3-50 Prepared For: Southold Town Planning Boartt Thomas M. De Wolfe a Py 0 pp, cbe�l LOnGrete 'f"' 0 00,3�.,3'3� 0 >� 7c x ^ q s 2 5�me ° \ O FfQ From .' �.3 �? Nov 1. 10 fro^yF xrL�50 Preo\�106 q 1t ` gF pox Prep , °n 2A h On f� � v roperty\\S, o roP 5ed P 5- o. �,o\A'� NS�N Q ° q N aD 0. �o N Eenee � �- NS,yp o� aQ�f�oO�tpp„W Lp x 5 erty\\ne \ Fr°ye Q �x%. \� Prop a^' Nov obi x Or;9�nQ\ `� O G°no 0 6 y>LpOQ tag N G x � -A 5� "V0 P \0 p WmgCA ,-' O 0� b \,O\ b e)O(0O N tT L�3' 0 oy� oO.1,00„W o 0\0 E yt,�o z>5 ° yned dot q TABLE OF AREAS 0'f n �� 5G TAX LOT 5g ORIGINAL AREA = 5,120.55 S.F. � • fi\ PROPOSED AREA = 4,g22.1g S.F. a`d` `• - -tho—d alteration or oodltbn to o survey 5G TAX LOT 50 ORIGINAL AREA = 4 12-7.10 S.F. map beeing a Iicansed la tl swcyo g Heal Is a }n ' �1•._,I Iolatbn of section 12—sub-dlvizion 2,W Nro N—York 5loto E,6-1-Lnn: PROPOSED AREA = 4,g25.86 S.F. , y —ly copies from tno origYnl of this svrvry `\ ;�i� ,IY 9 mwketl rriN on orig4nl of Ilse lud.weyor� {\y` 'JIB ztrnipetl 5eol slioll be wnsWerotl Lo be valltl Gve • ,- ��r� aapiez f s--rtlFccas tlo Ned een signlly nt pep—n ardae m heNOTES: rt.h.is Sting c de of Practices for L.d Sways odoptod by Na New York 51oto Assoclotbn of Rafasslor�ol L—�e S— SoY cartlflco[lom—11 run only • lY((t�� ` \ldT'Y the pe on far Thom is preparaq i and on his behalf to the lltl, survey canp.,y gavamnen PI PE FOUND �� al ogercy m d led g hstllutio Iktod harcon,a d ?��_—.y w the azzo noes or tha le�ming—It —eerunca- -uonc T -re-AFTER LINE CHANGE JOHN C. EHLERS AN D SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPH I G SCALE 111= 20' RIVERHEAD,N.Y. 11901 REF.\\Hp server\d\PROS\04-241.pro 369-8288 Fax 369-8287 eneaoo+ lo,��,sauf �vs-dui MAILING ADDRESS: PLANNING BOARD MEM13k_,_- SO(/l P.O. Box 1179 _w` G JERILYN B.WOODHOUSE O� l Southold,.NY 11971 Chair � Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR GEORGE D.SOLOMON Ol (cor.Main Rd. &Youngs Ave.) �'rOUNT`1 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 Jennifer B. Gould, Esq. 210 Main Street PO Box 177 Greenport, NY 11944 Re: Tramontana/DeWolfe Lot Line Change The properties are located on the w/s/o Sterling Place approximately 82' n/o Bridge Street in Greenport. SCTM#1000-34-3-39 & 50 Zoning Districts: R-40 Dear Ms. Gould: The Southold Town Planning Board, at a meeting held on Monday, December 12, 2005, adopted the following resolution: WHEREAS, the proposed lot line change will transfer 198 s.f. from Lot 1 (SCTM#1000-34-3-39) to Lot 2 (SCTM#1000-34-3-50) and, following the transfer, Lot 1 will equal 4,922.19 s.f. and Lot 2 will equal 4,925.86 s.f.; and WHEREAS, the Zoning Board of Appeals granted the necessary relief for the proposed action on January 8, 2005; and WHEREAS, the Southold Town Planning Board granted conditional final approval upon the surveys prepared by John C. Ehlers, L.S., dated September 12, 2001; and WHEREAS, on November 17, 2005, the applicant submitted a copy of the recorded deed as required by the Southold Town Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys prepared by John C. Ehlers, L.S., dated September 12;2001, and authorize the chair to endorse the maps. Enclosed is a copy of the map that was endorsed by the Chairperson. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson Ce� A i MAILING ADDRESS: PLANNING BOARD MEMBER, ww``�F SO&P P.O. Box 1179 JERILYN B.WOODHOUSE 1Ol Southold, NY 11971 Chair 10 OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Ol��'DU � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2005 Jennifer B. Gould, Esq. 210 Main Street PO Box 177 Greenport, NY 11944 Re: Tramontana/DeWolfe Lot Line Change The properties are located on the west side of Sterling Place approximately 82' north of Bridge Street in Greenport. SCTM#1000-34-3-39 & 50 Zoning Districts: R-40 Dear Ms. Doty: The Southold Town Planning Board, at a meeting held on Monday, September 12, 2005, adopted the following resolutions: WHEREAS, the proposed lot line change will transfer 198 s.f. from Lot 1 (SCTM#1000- 34-3-39) to Lot 2 (SCTM#1000-34-3-50) and, following the transfer, Lot 1 will equal 4,922.19 s.f. and Lot 2 will equal 4,925.86 s.f.; and WHEREAS, the Zoning Board of Appeals granted the necessary relief for the proposed action on January 8, 2005; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this'Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that because there is no increase in density and both properties are already improved with single-family residences, the Southold Town Planning Board hereby waives the public hearing for this project; and be it further Tramontana/DeWolfe — Page Two — September 13, 2005 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys prepared by John C. Ehlers, L.S., dated September 12, 2001, subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. The conditions must be met within six (6) months of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment of the conditions, the Planning Board authorizes the Chair to endorse the final surveys. A copy of the Negative Declaration is enclosed for your records. Very truly yours, ?Jelyn B. Woodhouse Chairperson encl. MAILING ADDRESS: PLANNING BOARD MEMBEI OF SU(/j P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS A • 54375 State Route 25 MARTIN H.SIDOR �`� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lif'cou � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 12, 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Tramontana-DeWolfe Lot Line Change SCTM#: 1000-34-3-39 & 50 Location: The properties are located on the west side of Sterling Place approximately 82' north of Bridge Street in Greenport. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Proposal is for a lot line change that will transfer 198 s.f. from Lot 1 (SCTM#1000-34-3-39) to Lot 2 (SCTM#1000-34-3-50) where, following the transfer, Lot 1 will equal 4,922.19 s.f. and Lot 2 will equal 4,925.86 s.f. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Tramontana/DeWolfe = ,ge Two — September 12, 2005 The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; no substantial increase in solid waste production, potential for erosion, flooding, leaching or drainage problems will occur as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna; no substantial interference with the movement of any resident or migratory fish or wildlife species; no significant impacts on a significant habitat area; no substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Elizabeth Neville, Town Clerk Applicant Project Status Report for Re-Subdivisions (Lot Line Changes) Project,Name and.l.ocation:l'ramontanalDeWalfe LLC;The,properties are_rlocafed on the west side oU_ ISterling Place�appr000t,ely 82' north of Badge Street in the R 40 Zoning District T Project Descnpton•(taken from,Planrnng Tracking) Proposal°is for a¢lofi line°change;which will transfer, w198 s,f.°from Lots1 (SGTM#1000 34 3=39)tolot 2(SCTM#I000.34=3 50)where,following tithe transfer; Lot 1 will equal 4,92219 s f.�and Lot 2 will equal 4;925.86 s f } � 4 A <: r a n i ZBA Dectsiori:variances„granted on.1%8Moi Application Dates Pre-Submission Conference SEQRA Determination Application Received 912g l ocl SC Planning Commission Referral Application Fees Paid SC Planning Commission Comments Application Reviewed at Work Session 1 V/� Conditional Final Approval Fire Department Comments Final Approval Engineer Conference SEQRA Coordination Public Hearing Waived Public Hearing Date Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: /U" y CaJU/lc Se�JS�o,, — P3 C`�vn/�?�nfs PLANNING BOARD MEMBERS �QSUFFO(/C BENNETT ORLOWSKI,JR. �� ®�j Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERS y Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. 1i Fax(631) 765-3136 RICHARD CAGGIANO �01 �a0 D C L/ PLANNING BOARD OFFI SEP 2 4 2004 TOWN OF SOUTHOLD Southold Town Plarnr,(`, Board Subdivision Application Form Name of Subdivision: DeWolfe and Tramontana Lot Line Change Suffolk County Tax Map # 1000- 34-3-39 (Tramontana) and 1000-34-3-50 (DeWolfe) 7 f� Type of Subdivision: Lot-Lin.f Cluster Subdivision: xx No Hamlet: Greenport (unincorporated) Street Location: 45 Sterling Place and part of 3.01 Champlin Place Acreage: SC tax lot 50 original area 4,727. 70 s.f. , proposed area 4, 925.Ts6 SC tax lot 39 original area 5, 1:20 .35 s.-r. s.-f. proposed area 4, 922 . 19 s.f. Number of Lots: 2 existing; 2 proposed Zoning District: R-40 Date: August 3 2004 Please list name, mailing address, and phone number for the people below: Applicant: Thomas M. DeWolfe John T. and Mancy N. Tramontana 415 Stirling Place 301 Champlin Place Greenport, NY 11944 Greenport, NY 11944 631-477-8211 631-417-4948 Agent handling the application: Jennifer B. Gould, Esq. (Contact Person) 210 Main St. , PO Box 177 Greenport, NY 11944 (516) 477-8607 and 631-477-2601 (fax) Property Owner(s): Thomas M.; DeWolfe John T. and Nancy N. Tramontana 415 Stirling Place 301 Champlin Place Greenport, ,NY 11944 Greenport, NY -11944 i Surveyor: John C. Ehlers Land Surveyor 6 East Main Street: Riverhead, NY 11901 631-369-8288 and 631-369-8287 (fax) Engineer: N/A Attorney: Jennifer B. Gould, Esq. - agent for applicants and attorney _ara i Nicholas A yPellegrini Esq attorney for John T. and Nancy N. Tramontana, •320 Nassau Blvd. , Garden City South, , . New York, 11530 516-564-0906 Other Agent s : N A Has this property had a previous application to the Planning Board? No Has this property previously received a SEQRA review? No . Have you had any pre-submission conferences with the Planning Board? Yew No Does this application have variances from the Zoning Board of Appeals? Yes NW Appl. No: 5467 Date 2/12/2004 Variance granted. Building permit 30123Z issued 2/27/2004. Copies attached. Is this property adjacent to any bodies of water? s No Are there any wetlands on the property? No Are there pub!'c water mains in an adjacent street? Yes. NM Is public water proposed for the subdivision? x No Is the majority of the property forested? YUX No .Is any part of the property in active agricultural use? )&Wx No Is there an existing or proposed sale of development rights on the property? AW No each property encumbered by a Is there a mortgage on the property? Yes / 2ftX mortgage. Does the owner own any adjacent properties? Yes Are there any building permits currently pending on this property? M No Building permit 30123Z issued to Thomas M. DeWolfe on 2/27/2004 for construction of an addition to existing single family e ling. Copy attached. Signature ofPreparer Date August 2004 7ifer— B. Gould, Esq. August , 2004 Southold Town Planning Board PO Box 1 179 Southold, NY 11971 RE: LOT LINE CHANGE THOMAS M. DEWOLFE, JOHN T. TRAMONTANA AND NANCY N. TRAMONTANA SCTM 1000 -34-3-50 (DEWOLFE) SCTM 1000 - 34-3-39 (TRAMONTANA) Gentlemen: I, Thomas M. DeWolfe, owner of the property at SCTM 1000-34-3-50 in Greenport, New York, hereby authorize, Jennifer B. Gould, Esq. to act as my agent and handle all necessary work involved in the subdivision process with the Southold Town Planning Board. Z Thomas M. DeWolfe Sw rn to before this is '�'' lday,,of August, 2004 of � Public CYNTHIA M.MANWARING NOTARY PUBLIC,STATE OF" EW YORK NO:01'MA6100507 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES OCT.20 Este , 2004 Southold Town Planning Board PO Box 1179 Southold, NY 11971 RE: LOT LINE CHANGE THOMAS M. DEWOLFE, JOHN T.TRAMONTANA AND NANCY N. TRAMONTANA SCTM 1000 -34-3-50 (DEWOLFE) SCTM 1000 - 34-3-39 (TRAMONTANA) Gentlemen: We, John T. Tramontana and Nancy N. Tramontana, owners of the property at SCTM 1000-34-3-39 in Greenport, New York, hereby authorize, Jennifer B. Gould, Esq. to act as our agent and.handle all necessary work involved in the subdivision process with the Southold Town Planning Board. 011n T.Tramontan Nancy N. ramontana Sworn to before this is day of Pit, 2 4 S Notary Public FRANK PALADINO NOTARY PUBLIC, STATE OF NEW YORK NO.02PA6029645 QUALIFIED IN NEW YORK COUNTY COMMISSION EXPIRES 200-S 1 I • it ' TI(hNSAC'fI:UNAI. I)iSCL(.)S[111R FURH The Town of SouL-hold's code_ of Ethics Orvitibits conflic-L•s of interest on the part of town officers. and employees. The pu.Epose of this form is to_provide information which can alert the town of Possllle conflicts of lnterest and allow it to take whatever action is necessary to avoid same. DeWolfe, vThomasa.M. 'YOUR NAHIi: _ (Last name, flrst 'name, midale lnitial,' unless YOU ar.e applying .ln the i►ame of someone else or other entity, such as a coii►pa11y. If so, indicate the other person 's or comp-any's name. ) NATURE OF AI'CI..ICAT.(ON: (Check 113. (:hat apply. ) Tax grievance variance _ Change of zone Approval of plat rx.emption from plat or oCr:iclal map Other X (If "Other, , name the activity. ) _ Lot-line change DO you personalty (or eltrough your company, sit.ouse, nibl.ing, parent, or child) have a relationship with any orricer or . employee of the Town or Southold? "Relationeh.ip" includes by blood, marriage, or business interest _ "1lusinees interest" means a bueineen, including a partnerttltip, lit which tite town officer or employee has even a partial ownership of (or einp.loyttmetit by) •a corporation lit which the town•oEfleec or employee owns more than 5% of the shares. YES 7-7 NO X Ir- you answered "YES," complete the balance of this form and • date and sign vliere indicated. Name of person-employed b:y the Town o1: Southold Title or position of that person Describe the relatlonship between yourself (the' applicant) and the town officer or. employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, slbliny, parent, or child is (check all: that apply) + A) the owner of greater than, 5% of the shares of the corporate stock or .tlI.e. applhcant (whenAhe applicant is a corporation); 13) the legal or beneflcInt owner or: any interest_ ].it a noncorporate etltity (when the' Applicant in not , corporation) ; C) an officer, director, partner. , Or' employee of l:he applicant; or U) the actual applicant. `DUSCRIPTION OF IMI,ATI[ONSIIII' Su hill I tt•ed ils - � ifa oF_-_sssgAugust, 2004 S I gna tier/ Thomas M. DeW f I'r I nl: n,mo 1 ArN,[CANT rithNsAc'rj.,oNAI. I).[Sci3OSIIIlR FORM The Town of SouLl►old's code of Celtics prol►iblts_confllcLs or interest on the par•l, of_town officers, and employees. The pur ose of tlils form is to provide information which call alert Lite town of possible conflicts of merest and allow it; Lo take whatever action !s necessary eo avoid same_ TOUR NAKPt Tramontana, John T. and Nancy N. (Last name, Clrst 'name, middle lnit•Lal,' "uttless YOU ace applying in the name of Someone else or outer en,tlty, such as a company. If so, 111dtcaLe Hie- other person's or company's name. ) NATIIRP OF (f,ltei_Ic a.l.l. I:hal apply. ) Tax grievance Variance _ Change of zone Approval of plat rx.emption from plat or. off•l.cial map Other ,L -- (IC "Other, , name the activity. ) lot-line change po you personally (or ! kCOt3g)i your company, wlioune, aib.l.inh, parent, or 'Child)._ have a relationeltip wi1:h any officer or pmploYee of the Town of Southold? "Relationeh.ip" includen by blood, marriage, or huelnens interenL. "nuoineeA interest" means a buslneecr, Including a perL•nereltlp, lot which Lite town officer or emp.l.oyee has even a partial ownership of (or eiDp.loymenL by) •a cor,poraLion lit which the Lown•officer or employee own" more 1:1ran 5% of bite shares. YRS NO X If you answered "YrS," comp.LeL'e Lite balance of title .form and . 'date and sign vliere indicated. Name of 'person•employed h.y the Town of Southold Title or position of that person Describe the relatlonsh,ip between yourself (Lite' app,licant) and the town officer or. employee. Etcher check Lite appropriate line A) through 1)) and/or describe in the space provided. The LOWn officer or eiupl.oyne or hlta or leer spouse, sibling, parent, or child is (check ail: that apply) ; A) the owner of gneaLer than, •5% of the shares of (:he corporate stock of .the•• appll-canb (when Aite_'Applicant Is a corporablot►)j 11 the legal or beneficial owner of any lntereeb• 1.n a noncorporate ettttl:y (when LI'te- applicant is not a corporation) ) C) an officer, direcLoe, parl:ner, , dr employee of Lite appllcattL) or I)) the acLtia.l appl.tcant- . I)rSCRIP'I'ION OF 1113LATIONSIIII' `iiihml l:I.P.d t t1s clay oPXX ug11 , 2004 12 Nancy N Tramontana —"- I',• John T. T�momta.. i Nancy N. T amontana a — Number of pages TORRENS RECORDED 2001 Oct 15 10:06:4E RM Serial Edward P:Romaine Certificate# CLERK OF SUFFOLK COUNTY Prior Ctf.# L D00012147 P 003 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 1.Basic Tax TP-584 2.Additional Tax Notation Sub Total . EA-52 17(County) Sub Total fJ Spec./Assit. Spec. EA-5217(State) Spec./Add. RP.T:S.A. TOT.MTG.TAX Comm.of Ed. 500 =i;� Dual Town Dual County Held for Appoitionment Affidavit +4ti ?0�4 Transfer Tax ; — J Certified Copy ✓J�� Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total —l dwelling only. Other YES or NO GRAND TOTAL If NO;see appropriate tax clause on page# of this instrument. Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section Block Lot Consideration Amount $ 1977,0V g1nitials /DO O CT3t( 0 0 03:Op pj<lf) 0;SD CPFImproved Vacant Land 71 Satis ctions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TO pD TD JP►7✓!i fpr £j. C3DUIC�� ESQ Greeop,:ir-I N`i Iiwv 8 Title Company Information Co.Names ... Title# 9 Suffolk County R__IIecordin & Endorsement Page This page fomis part of the attached a�� made by: (SPECIFY TYPE OF INSTRUMENT) �RUI;/1) wi�PrR'011 >�I P`t The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Township of 1�Imvvta5 jP, In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) ...•w"""`"'-!. 1, l r-' - ' I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII - •. IIII IIII IIII SUFFOLK COUNTY CLERK . RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/15/2001 Number of Pages : 5 At: 10 : 06:48 AM TRANSFER TAX NUMBER: 01-10311 LIBER: D00012147 PAGE: 003 District: Section: Block: Lot: 1000 034 .00 03 .00 050 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $160,000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5 .00 NO COE $5 .00 NO EA-CTY $5 .00 NO EA-STATE $25. 00 NO TP-584 $5.00 NO Cert,Copies $0 ,00 NO RPT $15.00 NO SCTM $0 .00 NO Transfer tax $640 .00 NO Comm.Pres $200 . 00 NO Fees Paid $915.00 TRANSFER TAX NUMBER: 01-10311 THIS PAGE IS A PART OF THE INSTRUMENT 3'Y Edward P.Romaine County Clerk, Suffolk County A 291—Standard N.Y.B.T.U.Form 8007 ®1987 BY BlambergVicelslor Inc. Bargain&sale deal--11h mvenam against grantors acts-Ind.or Corp.,11-98. NYC 10013 CONSULT YQUF fER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT S i BE USED BY LAWYERS ONLY THIS INDENTURE,made on the /Sf day of October; two thousand one BETWEEN (� ERWIN LAWRENCE DAWLEY, RESIDING AT terling Place, Greenport, New York, party of the first pert,and THOMAS M. DeWOLFE, residing at 155 East 93rd Street, New York NY, party of the second part, WITNESSETH,that the parry of the first part,in consideration of --ten-- dollars, lawful money of the United States, and other good and lawful consideration paid DISTRICT 1000 by the party of the second part, does hereby.+'�;and release unto The party of the second part, the heirs or SECTION successors and assigns of the party of the seobdd rt forever, 034.00 id JI ALL that certain plot, piece or parcel oil E the buildings and improvement thereon erected, situate BLOCK 03.00 lying and being in the hamle /of G' po f) Town of Southold, County of Suffolk LOT and State of New York b • n por tlerl, g y part of lots known as Nos: 9 and 10 050.000 on a map of the. property\, Jo �Monsell filed in the Office of the Clerk of Suffolk County on June 18t h, 18.73, as Map No. 53, which part of.said lots are more particularly descri\\d c2o�irding to said map on EXHIBIT "A" annexed hereto. BEING.AND INTENDED TO BE all of the same premises conveyed-to the party of the first part by deed dated April 10, 1997, and recorded in the office of the suffolk coount Clerk on April 10, 1997 at Liber 11824i c.p. 889. - TOGETHER with all right, title and interest,if any, of the party of the first part in and to any streets and roads abutting!the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done.or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first.part will receive the consideration for this conveyance and.will,hold the right to receive such consid- eration as a trust fund.to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of'the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day'and year first above written. _ IN PRESENCE OF: ' a, ERWIN LAWRENCE DAWLEY " { ACKNOWLEDGMENT IN NEW `STATE(RPL 309-8) ACKNOWLEDGMENT I' SCRIBING WITNESS(ES) _ State of New York,County c_ '-ffolk ss.: St a of N� 1 Cou. y of ss.: - On October � 2001 before me,the undersigned, 1 personally appeared Erwin Lawrence Dawley Ori' ( 1 before me,t undersigned, pe ovally pea�ci ^_ personally known to me or proved to me on the basis of satisfac- tory evidence to be the individual(s) whose names) is (are) the subscribing itness(es)to the foregoi g instrument,with subscribed to the within instrument and acknowledged tome that whom I am pars ally acquainted, wh , being by me duly he/she/they executed the same in his/her/their capacity(ies), sworn,did depose d say that he/she/ ey reside(s) in pf the and that by his/her/their signature(s)on the instrument,the indi- place of residence is in city, include t street and street number, vidual(s),or the.person upon behalf of which the individual(s) if any,thereon; acted,executed the instrument . (signature and off1c&04jXbW&j ilahii ;�.��eu- t� //YYffTT v. 8 VaIk' No.02HA4927029 Gttaftoed in SuffolkZ• s e/they know(s) ACKNOWLEDGMENT OUTSIDE NEW____O tea !1 4 ► N 1! State of County of ss.: to be the individual described in an who executed the fore- going instrument; at said subscribing itness(es)was(were) On before me,the undersigned, present and saw aid personally appeared LAVA�—IVC45� 0 execute th same; and that said witnesses)at the same time subscrib his/her/their names)as a witness )thereto. personally known to me or proved to me on the basis of satis- (❑if ken outside New York Stare insert city or political s division and state factory evidence to be the individual(s)whose name(s)is(are) or untry or other place acknowledgment taken And that s subscribing subscribed to the within instrument and acknowledged to me itness(es) in In appeaRnce before the un sign d in that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument,the indi- vidual(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 (signature and office of individual taking acknowledgment) (insert city or political subdivision and state or county or other place acknowl- edgment taken) KAREN J.HAGEN NOTARY PUBLIC,State of Now VIA (signaturg and once of individual taking acknowledgment) No.02HA4927029 Ouallfled In Suffolk Courtly COMMIssicn Expires Match 21,70v� juargaitt attb halt Ateb SECTION 034.00 WITH COVENANT AGAINST GRANToies ACTS BLOCK 03.00 TITLE No. LOT 050.000 COUNTY OR TOWN Southold Town, Suffolk Co. ERWIN LAWRENCE DAWLEY TO THOMAS M. DeWOLFE RETURN BY MAIL TO: Zip No. Y q p,i O w trl K �u r ci iu `r-i' o r- Mcr. m i r- r,i Jr�: �a z, n si r.; Q 0 .-, rn v°. ell C: '.. —: y � i:•. rig r:? 1.". . N d 4 08/16/04 MON 12:00 FAI 516 7" 0631 COMMONWEALTH U002 i III IN1111111111111 I I Ill�l IIIII Illil Illl Illl SUFFOU CONY CLERK RECORDS OFFICE RECORDING PAGE Type of xuetximeatt DEEDS/DDD Recordede 10/31/2003 umber of Pages: 4 At s ll r M IJ AR TRANSFER 'SAX NUMBER: 03-13.514 LISLR: D00012281 PACK: 424 NDXTH It KUDLINSRI 3.OM T TRAMONTANA Distwict: Sections Block: Lot: 1000 034.00 03.00 035.000 EXAM11M AND C RRGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Inst2 uament Exempt. Exempt Page/Filing $12.00 NO Handling $5.00 NO COB $5.00 NO NYS' SRCXQ $15.00 NO EA-CTY $5.00 NO' RA-$TATR $50.00 NO TP-584 $5.00 NO Cort.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Ccm=.Free $0.00 NO Fees paid ;0127.00 TRANSFER TAX N=ZR: 03-13514 THIS PAGE IS A PART OV TRX INSTRDXIT THIS IS NOT A HILL Edward P.Romaine County Clark, Suffolk County 08/16/04 MON 12:00 FAX 516 7, 0 431 COMMONWEALTH C@ 003 j TOPJQNS REMED Sc&d a__ :003 Oct 31 11:2901?AN Edward P.Roaaim CcniGeyrea _ _ CLEW OF I SUFFU COUNTY !§io:CIE a E Odfi032M P�424 aced r{ilurtgage imlrmyeat Deed r 1 ild a FEEScave Tiz t�p rt�sording rFtlfag Stamps PAge/Filing Fee MdM Atnt Handling —� 1.Basle Tax Tp-9&4 I.Additional ihx NOtatiOn �� �' �~ Sub TOW EA42 17(Co") Sub ibis! — Spec,/Aagit• EA 5217(State) Or ddL R.P.T.S.4. /� J ,S��A TOr.WO.TAX _ Comet of Ed, 5 Oq �. Dual Town Duul county Held for Appon;Owueur rlti-idat•il � + Tsattt:FerTatc _� Catifed COPY _ Mmaiaa 7qx _ The Pt O11Y covered bs tLls mot{ange is Reg.Copyr Sub low ox will be improved by a oua of taro family . , dwelling galy. Other _ GRAND TOTAL, r .'U —of —,NO If NQ see appropriate�,%clause on Pa S Cteal prvperl 7t+z Service A !nc VerlfipttiOq of tais insennnent. 6 CbmmttttitF prescrrrtlleu Nbnd ` O304371g l000 Q3doo o3oo o391ro0 i0usidorationAnu mt $ Scam Q Dam R RCS CppTax Due S A , Initials 31-OCT Improved� � 7 Si1aL;nctionYiNlScnarr kCleV3Ys B.&L i.otmy �dG1gt Ladd"7�`j) RECORD&R.$TCJRN TO: TD TD A. PRI vtni Cow,ce-r r Ltoo 8 Titie Cam an Information Co.Name y Tit1e'8� . Sur•Rol;K Ctaot t•I•Y RKCZORD PitlQii51;MENT FACL 711is page forms Parr of the attached =-- (SPECIFY TYPIs OP'INSTp,UMRNT), made by_ . Toe premises herein is SittlAt W in I� isL 'ZCLt)��?lam_ SUFFOM COUNTY.NEW YORK; _ To • 6ha 1 •N6M In tho Township oT In tha VILLAGE Or RAMLET or BOXES SMMU 9[blIkW BE TYPCrI!OR Pli1NTEo IN RI ACK WK ONLY I'ItIbR rU i COtapl C OR F11.INC. .f 08/16/04 MON 12:01 FAX 516 7;" -631 COMMONWEALTH IM004 • ', ,tnnwaa�wskavinae*®�v�,.o.re�v�,ainu.,,itiooe�o.�s.�,s�ei CONSULTYOURU14r1MBEFORE03ONDOTMW =M0mr7H1$11mTmmmW9HQ=B6LMWVvL4VjMg0Ht.Y THIS INDENTURE,amdc Ibis Y'day of April,Two 71mmnd Thrcc BETWEEN FJ)ITJII K.KIVQUNSKI&.I AN OISZEWSVJ iiL( � rr-kt Au Vk tK44( Rabidinfi aL• Party of the first part,and JOHN T. AMONTANA&NANCY K TMMONTANA,husband and `sire 'I'R 30 ( e hits 0"t, Itesiding at: b4 • f U l lq qq r l- ' • Party of the second price, • d���� (� ti17'tNE&SE17t,dW IM p>trq'ortbe I1t51 ptu�to attt6ideralioa of'1>;n laaUsss tadoWer Vabtable ' v wlmidcmliun peld by the pmy of the s=nd pml.diw hereby gmnl and mitaye uric the paq of Ih�me and �1 ' ,�9,�� Incl the hens o�arooe�a sea rsSiS�of the jUdy of 1be mLmd pan gum er, t U ALL,ghat anain plot.pica or patmi orland.with ftn:butldinp and fmpmvemenfs thmoo S` erected,shale.is dng and being in tb,t Coven of SUFFOM State or Now York,bung trim parilcwlady hounded and da cribed as follows. SEE SCHEDULE'A.'ATTACHED HER,ET(r Suid Pmv&cs heing more commonly kaown=301 Champlin Place;Ormoport,NY l I M Said pmmism being the same ms sm corm)cd to the paqof the first part by deed dated '*I 13)6q Recorded 1423}$q ,io Xaq luq It •cp 1 TOGIR1'HM with Of right,mic and in►emst,if any,or the poly or Ihc'rrst part ec its+lad w m w=c5 and made abutting rite 9mve•de=ibcd premises to the center Meets thdmL&TOGHfIfER wltb the upporwnanm and di We ante and righ%orthe pally orlbg I-u%V rt in and w said preRtisa;TO 11AYk AN1310 HOLD the pr mims.her is granted unto the My ur the second pvk rise heimor mtaeem m d Bi igo or dm putty of the mound part rafm . . AND ihrparlyorfhc rust part eoma m ihm the party or ftruatptal lws not dose er t4geFcd Lnylhbm whtachy the sdd pteral—have been cnmmft rd in asy way whawvvp,emepl as arottsaK Ahm dm party of the•Hrst pan.in compliance with Sectioq Uof the tJeti taw,covcmnts mat the patty or the Jost part WM tt;&W the consWerlditm fin Ibis eomryaace and win hold the right w receive wtdt midemtigo as a vm fund to be applied ruin rer the pmpaw of paying the drag of roc improvement and Will apply the seen rml to Ibe paymear of the cost orim improvement bdaro Wog any part of dm total or theme tat Myfaber Pupa— The-Ord-partly chat be mntamed as If it reW•yarfid'whm wx the mm orrhis Wunun so tegairv& IN KTIMENS W1UMKOR foe party Of me first Put has duty eA=Ird this deal the day and year rust above writs. ITH K.x nLI sKi . ell/ Y • 08/16/04 MON 12:01 FAX 516 729 0631 COMMONWEALTH Z 005 BJ.ST ABSTRACT LLC Title No. SBUT-5999S SCHEDULE A Amended 10-09-2003 ALL that certain plot, ppiste or parcel of land, situate, lying and beingnear the Village of Greenport, Town nF Southold,. County of Suffolk and State of New York. and known, as Lots Nos. 9 and 10 on a certain map or survey of land riled in the office of the Clerk of Suffolk County by John G. Champlin Map No. 337 tiled 10/23/1873 and hounded as follows: Northerly 63 feet by Champlin Platte, Easterly 69.7 feet by Stirling Place; Southerly 80 feet by land formerly owned by John A. Monsell; Wmterly 69.7 feet by Lot No. 8 to the point or place of BEGINNINU. The policy to be Issued 'under this report will insure the title to such buildings and FOR improvements erected on the.promises which by-low constitute real property. :ONVEYANGING 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. 08/16/04 MON 12:01 FAX 516 77' ^631 COMMONWEALTH 191 006 %-PME OF NEV YORK.COUNTY OF OUMNS W: on the 1011 day of APRIl..2M%berm ate the undersigned,pasvually appund EDMj K.Kui)umK[A]CAN OISZEWSKI.peraomlly known to me or provdd In me on tbp basis or sa mhny evMem to be the indlvldeal 4 whose namels)l3(ore)ambscrmhed W the telthia iMaincut and wknawkil ti to me that hdaherthey eaecaled We scum in hitJherphclr cM3dgCres)and that by hidhcenMIr siEnaturets)on the Inaimmcni,the indmdualtsh or the person upou behalf of*inch the in&ldual(s)stied,e m mod the inslrament. SONIA C.DELGADO Notary Public.Slrrle of New York CA.• ) ' [X Opal fed to Queens Co Notary Public Gmnmission cry EaPI►es;Jan. STATE OF ,COUNTY OF ►tiS On the day dr in the year two Thousand ,berorc me the aaAdr P.W.personally appeared pem:Wtly known to me or proved to me on the basis ofsalGifdiwry evidcoszto he the individual(s)whale apmc(s)it,(arc) stth{sTtbed ro the wlhia iustrumm and ac611AwlLW In are Ihat behhelihey wwCuted the store in hblhcd&*cajac ty(ies) and that by hisilwAlick signatures)on the irmum nL the hid'aldu7ilXA or the person upoa behalf or whldt the hWWidUM(s)nacd.csecutW the iaskmncM [NMF•if the m*vorvtr6 msrt of thr pmdpot is tame antd1k NYStw+e.vim emir drp no of thr am a mum n w the eapdowabo.e Insudtraw,rhefaflowfalA=arraddedivmdma&apwtofthbanbmwhwFfimm W that such lndlvWiW made such appcmm before et undersigned to the fhumdterApor other pp4ft1.mbd1vlriaaodLimSlamwroumryorodrp1mtheucdnor.•r*awusmIA"01 NntSry public MRG"MAND SAM DEED WM Cipmenaatdgaliw Gmalor's Am EI)1'YH IL XUDLINSKI&JOAN OLgZEMKI JOHN T.TRA IONTANA&NANCY N.TRAMONVA,NA- SFCC ON/6 T•aa )3I.QCK 0 3.00 I.OT(S) 039•000 COUNTY OF SUFFOLK RETURNBYAW&TO: &/CM0/.ASA:PEUXGRfM.ESQ. ago NA,SSAU BLVD. GARDEIV C77TS.,NY 11530 AT TN;MABYC?COMMLF " 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. 30123 Z Date FEBRUARY 21, 2004 Permission is hereby granted to: THOMAS M DEWOLFE 415 STERLING PL GREENPORT,NY 11944 for CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR PER ZBA DECISION #5467 at premises located at 115 STERLING PL GREENPORT County Tax Map No. 473889 Section 034 Block 0003 Lot No: 050 pursuant to application dated FEBRUARY 26, 2004 and approved by the Building Inspector to expire on AUGUST 27, 2005 . Fee $ 150 . 00 Authorized Signature COPY Rev. 5/8/02 APPEALS BOARD MEMBERS �SVFFOt -C OG Southold Town Hall Ruth D: Oliva, Chairwoman _� y 53095 Main Road Gerard P. Goehringer y . _ P.O. Box 1179 Lydia A.Tortora �, ^� Southold,NY 11971-0959 Vincent Orlando y a�l� Tel. (631) 765-1809 James Dinizio,Jr. 1 Fax(631)765-9064 http://southoldtown.northforkinet BOARD OF APPEALS TOWN OF SOUTHOLD February 19, 2004 Mr. Thomas DeWolfe , 416 Sterling Place Greenport, NY 1.1944 Re Appl. No. 5467 -Variance Dear Mr, DeWolfe: Enclosed please find a copy of the findings and determination rendered on February 12, 2004 by the Zoning Board of Appeals.* Before commencing construction activities; please be..sure.to contact the,.Building Department for the next step.in this building permit review process. When returning.to.the Building Department; you may want to .have an. .additional copy of the enclosed determination on hand (if needed by their department). Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision also furnished to: Building be ! , &PEALS BOARD MEMBERS �p�OS BOG Southold Town Hall Ruth b. Oliva; Chairwoman y 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 / Lydia A.Tortora Southold,NY 11971-0959 Vincent Orlando y p!� nl. (6k) 765=1809 James Dinizio,Jr. l �a Fax(631)765-9064 http://sotitholdtoWn.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 12, 2004 Appl. No. 5467-THOMAS DeWOLF Property Location: .415 Sterling Place, Greenport; Parcel.34-3-50. 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 an.adverse effect on the.environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 4;728_sq, ft: parcel has 58.8 feet along Sterling Place, Greenport. .The property is improved with a single-family, 1-1/2 story frame dwelling and one- story.detached frame accessory building, as;shown on the September 12, 2001 survey prepared by John C. Ehlers, L.S: BASIS.,OF APPLICATION: ..Building Department's Deceriiber 1 :.2003; Notice of Disapproval, amended December 3, 2003, citing Section 100-24413 in its denial of a building permit application concerning an addition which is proposed to be.located with a setback of.:17 feet from the front property line. The house has an existing setback of 1.4 feet at its closest point, and the addition,is proposed behind this portion of the,house: FINDINGS OF FACT The 2ohing Board of.Appeals held a public hearing on this application on January 22, 2004, 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 AREA VARIANCE RELIEF REQUESTED: Applicanfiwishes to construct a partial 2".. floor 19'8" by 12' addition at the southwest corner,behind the front portion of.the house. The set back is proposed 17+- feet from the front property line, as shown bri the site.plan prepared 11/26/08 by Frank W. Uellendahi; R.A., integrating the survey prepared by John C. Ehlers, L.S. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the .relief requested will not produce:an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant wishes to construct 135+- sq. ft. of floor area to his existing 1-1/2 story home. `The applicant's home is on a substandard lot with nonconforming setbacks, and simply wishes to fill in the remaining first story area with a second- Page 2—February 12, 2004 Appl. No. 5467—Ti DeWolf Iv 34-3-50 at Greenport r floor as a minimum. The addition is proposed behind a portion of the existing, front side of the dwelling which will be greater than the 7.4 ft. front yard setback, proposing a 17 ft. setback. 2. The benefit sought by the applicant cannot be achieved by some method; feasible for the applicant to pursue, other than an area variance, The lot is substandard in size and the setbacks of the dwelling are nonconforming, having been built many years ago. The addition is farther from the street than the existing house. 3. The variance granted herein is not substantial and is the minimum necessary for the Board to approve. 4. The difficulty was self-created because the home has existed for many years with the existing nonconforming setbacks. 5. No, evidence has been submitted to suggest that a'variance'in this community of smaller, substandard size lots, will have an adverse impact on the physical or environmental conditions in the neighborhood. The area consists of dwellings containing similar setbacks. I 6. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations, 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 Chairwoman Oliva, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the site-plan prepared 11/26/03 by Frank W, Uellendahl, R.A., integrating the survey prepared by John C: Ehlers, L.S. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman); Orlando, and Dinizio. (Member Tortora abstained. Absent was Member Goeh ' er.)This Resolution was duly adopted (3-0). UL t� Ruth D. Oliva, Chairwoman 2//q/04 Approved for Filing 14-16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL. ASSESSMENT FORM Far UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1- APPLICANT/SPONSOR 2. PROJECT NAME Thomas M. DeWolfe DeWolfe Tramontana Lot-line change 3. PROJECT LOCATION: Municipality Town of Southold Suffolbounty, New York 4.'PRECISE LOCATION(Street address and road intersections, prominent landmarks, etc.;or provide map) 415 Sterling Place, Greenport, NY (SCTM 1000-34-3-50) 301 Champlin Place, Greenport, NY (SCTM 1000-34-3-39) 5. IS PROPOSED ACTION: ®New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: eliminate encroachment of 1-1/2. story frame house on proposed lot 1 by reconfiguring northern boundary line that divides proposed lot 1 from proposed lot 2. EAch proposed lot is presently improved by a. single •family -dwelling. T. AMOUNT OF LAND AFFECTED: arm-bo he-�sf erred 198 s.f. Initially •22 acres Ultimately •22 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes 4N No If No,describe briefly 2 pre-existing non-conforming lots each improved by one- single-family dwelling constructed prior to April 7, 1957 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? E3R..Identlal ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: Each lot is presently improved by a single-family dwelling in a residential neighborhood. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL-AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes' 83No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ffkyes []No If yes, list agency name and permiUapproval Each dwelling has pre-existing certificate ofoaaapancy' and dwelling on proposed lot 1 has a building permit and approved variance. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes E:No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY kNOWLEDGE Thomas M. DeWolfe August 30, 2004 Appllcanl/sponssoo1r name: Date: Signature: 1/fiS,y�U�i✓� /%/�j If the action Is in the Coastal Area, and you.are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/23/05 Receipt#: 5273 Transaction(s): Reference Subtotal 1 1 Application Fees 34-3-39 $500.00 Check#: 5273 Total Paid: $500..00 go.�tl�old 5o n-"� r Name: Dewolf, &Tramontana Re-sub Application Clerk ID: LINDAC Internal ID:34-3-39&50 MAILING ADDRESS: PLANNING BOARD MEMBERS a` P.O. Box 1179 JERILYN B.WOODHOUSE �O��O� SUU�GOI Southold, NY 11971 Chair '7 � OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON OIiYCOU � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVE-D To: Elizabeth Neville, Town Clerk AUG 2 3 2005 From: Planning Department Southol i Tor9fi't"CJJ Date: August 22, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM # Amount Check Type # DeWolfe/Tramontana Re-Sub. 34-3-39 & $500.00 5273 50 Re-Sub. Appl. Fee enc(s). JENNIFER B. GOULD Attorney-at-Law 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 November 1,2005 Planning Board Office Town of Southold PO Box 1179 Southold,NY 11971 RE: TRAMONTANA TO DEWOLFE LOT LINE CHANGE—STERLING PLACE AND BRIDGE STREET, GREENPORT,NY SCTM 1000—034.00—03.00—039.000 AND 050.000 Ladies and Gentlemen: Enclosed herewith please find copy of Bargain and Sale Deed dated September 20, 2005 that has been recorded in the Office of the Clerk of the County of Suffolk on September 30, 2005 in Liber 12412 at page 232. If you have any questions please do not hesitate to contact me. Very truly yours, ennifer B. Gould JBG/lmt Enclosure 4 0�'— r I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE. Type of Instrument: DEEDS/DDD Recorded: 09/30/2005 Number of Pages: 3 _ At: 10 :07 :34 AM Receipt Number : 05-0102899 TRANSFER TAX NUMBER: 05-09039 LIBER: D00012412 PAGE: 232 District: Section.: Block: Lot: 1000 034 .00 03 .00 039 . 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $2 00.0 .00 Received the .Following Fees For Above Instrument Exempt Exempt Page/Filing $9 .00 NO Handling $5 .00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 .00 NO EA-STATE $75 . 00 NO TP-584 $5 . 00 NO Cert.Copies $0 . 00 NO RPT $30 . 00 NO SCTM. $0 .00 NO Transfer tax $8 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $157 .00 TRANSFER TAX NUMBER: 05-09039 THIS PAGE IS A PART OF THE INSTRUMENT -THIS--IS NOT ..A BILL _ Edward P.Romaine County Clerk, Suffolk County FT 2 RECORDED Number of pages 2005 Sep '00 10:07:34 At-4 Edward f.Romain TORRENS CLERK OF SUFFOLK COUNTY Serial# L DOOO12412 Certificate# F 2 GT#1 0 5-090,9 Prior Ctf.# Deed.Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee �\ �, Mortgage Amt. I.Basic Tax _ Handling 5•_02 2.Additional Tax TP-584 Sub Total — Notation Spec./Assit. / or EA-5217(County) Sub Total Spec./Add. — TOT.MTG.TAX _ EA-5217(State) Dual Town— Dual County_ R.P.T.S.A. 31 ® �L� pointment DU a Transfer Ta —& r Comm.of Ed. 5. 00 1 v Mansion Tax — 6 Affidavit � The property covered by this motgage is or will be improved by a one or two Certified Copy —f family dweliling only. Reg.Copy Sub Total YES or NO 1-\I f NO,see appropriate tax clause on Other Grand Total I i 1' page# of t)tis instrume . 4 District1000 Section ' 034.00 Block 03.00 Lot —� Community Preservation Fund Real Property Si ratiAm 05038814 loon 03400 0300 039002 �QIIen, ount $2.000 -� Tax Service P T S F Tax Due $0 Agency RLPA A Verification OSEP-0 Improved XX Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address //0 RECORD&RETURN TO: TD C�/ Jennifer B.Gould,Esq. TD PO Box 177 Greenport,NY 11944 TD 7 Title Company Information Co.Name None Title#None 8 Suffolk County Recording & Endorsement Page This page forms part of the attached_Bargain and Sale Deed made by: (SPECIFY TYPE OF INSTRUMENT) John T.Tramontana and Nan y N The premisis herein is situated in Tramontana SUFFOLK COUNTY,NEW YORK. TO In the Township of _Southold Thomas M.DeWolfe In the VILLAGE or HAMLET of Greenport BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Bargain and Sale Deed with Covenants Against Grantor's Acts-Individual or Corporation CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the Q+h day of September, 2005 BETWEEN JOHN T.TRAMONTANA and NANCY N. TRAMONTANA, husband and wife, both residing at 301 Champlin Place, Greenport,NY 11944 party of the first part, THOMAS M. DeWOLFE, residing at 415 Sterling Place, Greenport,NY, 11944 party of the second part, WITNESSETH,that the party of the first part, in consideration of TEN($10.00) dollars, lawful money of the United States paid by the party.of the second part, does hereby grant,and release unto the party of the second part, the heirs or successors and assigns of the parry of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being near the Village of Greenport, Town of Southold, County of Suffolk and State of New York, and known as part of lots 9 and 10 on a certain map or survey of land filed in the offices of the Clerk of Suffolk County by John G. Champlin Map No. 337 filed October 23, 1873,which part of lots are bounded and described as follows: BEGINNING at a point on the westerly side of Sterling Place distant 71.08 feet southerly from the corner formed by the intersection of the southerly side of Champlin Place with the westerly side of Sterling Place; RUNNING THENCE southerly along the westerly side of Sterling Place South 30 degrees 27 minutes 30 seconds East a distance of 3.90 feet to the northerly line of lot 10 as shown on a Map of Property of John A. Monsell filed June 18, 1873 file No. 53; RUNNING THENCE along the northerly line of lot 10 and lot 9 of said filed map South 74 degrees 07 minutes 00 seconds West, a distance of 79.88 feet to lot 8; THENCE running northerly along lot 8 as shown on the Map of John G. Champlin Map No. 337 filed October 23, 1873,North 16 degrees 34 minutes 00 seconds West, a distance of 1.20 feet to a point thence easterly through lots 9 and 10 as shown on map of John G. Champlin Map No. 337 filed October 23, 1873, North 72 degrees 14 minutes 50 seconds East, a distance of 78.95 feet to the westerly side of Sterling Place, and the point or place of BEGINNING. BEING AND INTENDED TO BE PART OF THE same premises conveyed to the parties of the first part by deed dated April 5, 2003 recorded in the Office of the Clerk of the County of Suffolk on October 31, 2003 in Liber 12281 at page 424. 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. ti TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party" shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF�� NANCY N.TR AMONTAN STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the a 01-1-) day of September, 2005, before me, the undersigned,.personally appeared JOHN T. TRAMONTANA and NANCY N. TRAMONTANA, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual, or the person upon behalf of which the individuals acted, executed the instrument. ary Public J�fi)nd -el' &Vain �wt m 4 J 4o . 509 0 V4 . V4 w 10nd laws JENNIFER 8.GOULDF Notary Public,State of New York No.02GO5024640-Suffolk Count Commission Expires March 14,201� JENNIFER B. GOULD Attorney at Law 210 Main Street • P.O. Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 August 17, 2005 Mr. Anthony Trezza Southold Town Planning Board 53095 Main Road, PO Box 1179 Southold,NY 11971-0959 RE: DeWolfe and Tramontana Lot Line Change Premises: 415 Sterling Place and part of 301 Champlin Place Greenport NY 11944 (SCTM#'s 1000-34-3-50 (DeWolfe) and 34-3-39 (Tramontana) Dear Anthony: WJPAy� As discussed,my client is ready to proceed W e-referenced lot line change. Enclosed please find his check in the t of$500.0 payable to the Southold Town Clerk, along with a copy of the ZBA d peal# 5628, granting a variance for lot sizes. I understand this matter has been scheduled for Monday, August 29th, 2005 at 4:30 PM. arpo If you require any further information prior to that time,please do not hesitate to contact me. Very truly yours, ifer B. Go Id nclosure cc: Thomas DeWolfe ; t., , 1 AUG Office Location: o��$UFFO(�coG Mailing Address: Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 ^� P.O. Box 1179 Southold,NY 11971 y 0!� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631)765-9064 January 11, 2005 d Mr. Thomas M. De Wolfe 415 Sterling Place Greenport, NY 11944 Mrs. Nancy Tramontana 301 Champlin Place Greenport, NY 11944 Re: ZB #5628 — DeWolfe/Tramontana Dear Mr. DeWolfe and Mrs. Tramontana: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its December 2, 2004 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents or amendments during the final review steps. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 1/11/05 to: Building Department G n . -APPEALS BOARD MEMBER Ruth D. Oliva, Chairwoman �`Z$ lop,lop, Southold Town Hall Gerard P. Goehringer o 53095 Main Road Lydia A..Tortora v' Z P.O. Box 1179 O Vincent Orlando • � Southold,IVI'11971-0959 James Dinizio,Jr. '�0 �a�� Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.northfork.het BOARD OF APPEALS I TOWN OF SOUTHOLD. i FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2, 2004 ZBA No. 5628—Thomas De Wolfe, CTM 34-3-50 (& Nancy Tramontana, CTM 34-3-39) Location of Properties: 410 and 301 Champlin Place, Greenport. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant (Thomas De Wolfe) owns CTM Lot No. 50, containing 4,727.70 square feet, improved with a dwelling and accessory building as shown on the 9-12-01 survey map prepared by John C: Ehlers. The adjacent lot (CTM No. 39) contains 5,020 square feet, which is also improved with a dwelling and accessory building, owned-by Nancy Tramontana. Both parcels are located along the west side of Sterling Place in Greenport. 'BASIS OF APPLICATION: Building Department's October 4, 2004 Notice of Disapproval, citing Code Sections 100-30A.3 and 100-244B, in its denial of a request for a lot-line change between CTM Lots 39 and 50. The reasons stated in the Disapproval are: (1) the code requires a lot width at a minimum of 150 feet, lot depth 175 feet, and lot area of 40,000 sq. ft.; with the proposed lot line change the lot will be reduced from 5,120 sq. ft. to 4,922 sq. ft. (2) rear yard setback will become more nonconforming with an indicated rear yard setback of 25 feet, down.from 27 feet, and1he code requires a rear yard setback of 35 feet; and (3) the accessory shed would be less than one ft. from the rear yard, instead of the code required three feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004, 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: AREA VARIANCE RELIEF REQUESTED: In the application, the applicant is proposing an increase for CTM Parcel 50 from 4,727 square feet to 4,925 square feet, and a reduction for CTM Parcel 39 from 5,120 square feet to 4,922 square feet, in a proposed lot-line change application, and to allow the existing accessory shed to remain in its present location, a portion of which is 7.2 inches from the new division line between the two parcels, as shown on the 9-12-01 map prepared by John C. Ehlers, surveyor. t Page 2—December 2,2004 ZBA No.5628—Thomas DeW( 'lancy Tranion'tana. CTM 34-3-39,50(separate lots, 1 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Both lots have been developed for many years with a single-family dwelling and accessory building. The exchange of property in this R-40 Low- Density Residential zone district will allow the owner to obtain an additional 3.9+= ft the existing encroachment of the existing dwelling, and provi . width, removing ding for a yard area along the northerly . The result is an exchange of 198 square feet of land area side of the dwelling on CTM Parcel 50 between the properties. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. There is no other land area or other method available to achieve these intentions. 3. The variances are not substantial. Lot 50 will be increased in size by 198 square feet. Although .the setback to the southerly (DeWolfe) dwelling will be increased, the setback of the existing (Tramontana) accessory shed from the new division line creates a reduction of 2.4 feet, instead of the required three feet on CTM Parcel 39. 4. The difficulty is self-created and is based on the existence over the years of the existing buildings and preexisting, nonconforming size of the two lots. 5. No evidence has been submitted to suggest that a variance in this community consisting of small improved lots will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an exchange of land area, 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 267-13, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variances,as applied for, as shown on the map revised 9-12-01 by John C. Ehlers, L.S. 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 Page 3—December 2,2004 mow, ZBA No.5628—Thomas DeWol;_, .—ncy Tramontana CTM 34-3-39,50(separate lots) addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwom ), T rtor oeh.finger, nd Dinizio. (Member Orlando was absent.) This Resolution was duly a ted 4- Vincent O and , Acting airman 1/ ?/05 Approved for Filing JENNIFER B. GOULD Attorney at Law 210 Main Street - P.O. Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 JAN 1 9 2005 2005 -January 17,1 Mr. Anthony P. Trezza, Senior Planner Southold Town Planning Board PO Box 11.79 Southold,NY H 9.71 RE: Tramontana to DeWolfe &Lot line application with Southold Town Planning Board SCTM# 1000-34-3-39 & 50 Zoning District R-40 Dear Anthony:. With regard to the above referenced application, I have contacted the Tramontana's attorney to find out if the Tramontana's lender will approve the sale of the 198 square foot parcel from the Tramontana's to Thomas DeWolfe. As soon as we get some feedback from the Tramontana's lender, we will contact you with regard to processing this application and scheduling the public hearing. If you have any questions,please do not hesitate to contact me. Very truly yours, cD6�� Jennifer B. Gould cc: Thomas DeWolfe A Jyyy, Y f IJ -1 Q APPEALS BOARD MEMBERS �p�A COG Southold Town Hall 5, !- `\\ Ruth D. Oliva, Chairwoman 53095 Main Road by Gerard P. Goehrin er o g C* a P.O. Box 1179 Lydia A. Tortora 0 • Southold,NY 11971-0959 Vincent Orlando T' ! Tel. (631)765-1809 James Dinizio,Jr. �Cl �a0 Fax (631)765-9064 http://so utholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2, 2004 ZBA No. 5628—Thomas De Wolfe, CTM 34-3-50 (& Nancy Tramontana, CTM 34-3-39) Location of Properties: 410 and 301 Champlin Place, Greenport. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant (Thomas De Wolfe) owns CTM Lot No. 50, containing 4,727.70 square feet, improved with a dwelling and accessory building as shown on the 9-12-01 survey map prepared by John C. Ehlers. The adjacent lot (CTM No. 39) contains 5,020 square feet, which is also improved with a dwelling and accessory building, owned by Nancy Tramontana. Both parcels are located along the west side of Sterling Place in Greenport. BASIS OF APPLICATION: Building Department's October 4, 2004 Notice of Disapproval, citing Code Sections 100-30A.3 and 100-244B, in its denial of a request for a lot-line change between CTM Lots 39 and 50. The reasons stated in the Disapproval are: (1)the code requires a lot width at a minimum of 150 feet, lot depth 175 feet, and lot area of 40,000 sq. ft.; with the proposed lot line change the lot will be reduced from 5,120 sq. ft. to 4,922 sq. ft. (2) rear yard setback will become more nonconforming with an indicated rear yard setback of 25 feet, down from 27 feet, and the code requires a rear yard setback of 35 feet; and (3) the accessory shed would be less than one ft. from the rear yard, instead of the code required three feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004, 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: AREA VARIANCE RELIEF REQUESTED: In the application, the applicant is proposing an increase for CTM Parcel 50 from 4,727 square feet to 4,925 square feet, and a reduction for CTM Parcel 39 from 5,120 square feet to 4,922 square feet, in a proposed lot-line change application, and to allo the existing accessory shed to remain in its present location, a po ietrof-vh cff 7h`e's from the new division line between the two parcels, as shown on the 9-1 s 10,t r6p'pre.par.`ed''tiy--John, GI! Ehlers, surveyor. JAN 1 1 2005 __ R Page 2—December 2,2004 ZBA No.5628—Thomas DeWolfe;Nancy Tramontana CTM 34-3-39,50(separate lots) REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Both lots have been developed for many years with a single-family dwelling and accessory building. The exchange of property in this R-40 Low- Density Residential zone district will allow the owner to obtain an additional 3.9+- ft. width, removing the existing encroachment of the existing dwelling, and providing for a yard area along the northerly side of the dwelling on CTM Parcel 50. The result is an exchange of 198 square feet of land area between the properties. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. There is no other land area or other method available to achieve these intentions. 3. The variances are not substantial. Lot 50 will be increased in size by 198 square feet. Although .the setback to the southerly (DeWolfe) dwelling will be increased, the setback of the existing (Tramontana) accessory shed from the new division line creates a reduction of 2.4 feet, instead of the required three feet on CTM Parcel 39. 4. The difficulty is self-created and is based on the existence over the years of the existing buildings and preexisting, nonconforming size of the two lots. 5. No evidence has been submitted to suggest that a variance in this community consisting of small improved lots will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an exchange of land area, 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 267-13, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, as shown on the map revised 9-12-01 by John C. Ehlers, L.S. 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 N� 4 Page 3—December 2,2004 ZBA No.5628—Thomas DeWolfe;Nancy Tramontana CTM 34-3-39,50(separate lots) addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwom ), T rtora Ooeh finger, nd Dinizio. (Member Orlando was absent.) This Resolution was duly a ted 4- Vincent O and , Acting hairman 1/ ?/05 Approved for Filing �osVFFO��►CO MAILING ADDRESS: PLANNING BOARD MEMBERS ��� rly P.O.Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair cz v. OFFICE LOCATION: RICHARD CAGGIANO • Town Hall Annex WILLIAM J.CREMERS y�Jo a�� 54375 State Route 25 KENNETH L.EDWARDS '� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631 765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: November 16, 2004 To: Ruth Oliva, Chairwoman Zoning Board of Appeals From: Jerilyn Woodhouse, Chairperson Planning Board Re: Request for comments on DeWolfe/Tramontana Lot Line Change SCTM# 1000-34-349 & 50 Appeal# 5485 The Planning Board has reviewed the variance application for the above-referenced properties and has no comments to offer at this time. Thank you for the opportunity to comment on this application. 4 ? ! APPEALS BOARD MEMBz�03 - Southold Town Hall Ruth D.,Oliva, Chairwoman P.O. Box 1179 Gerard P. Goehringer Southold, New York 11971-0959 Ab Lydia A. Tortora Telephone (631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, Chairwoman, Zoning Board of Appeals DATE: November 9, 2004 SUBJECT: Coordination for Reply/Comments The ZBA is reviewing the following application for an advertised November 18, 2004 public hearing. Enclosed is the October 27,'2004 amended Notice of Disapproval and copy of the ZBA application with map. The Planning Board may be involved regarding a lot line change review under the zoning or subdivision regulations of the Zoning Code, and your comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED DEWOLFE, 34-3-39, 5628 10/4/04 Bulk Schedule, 9-12-01 John C. THOMAS 50 100-244B SURVEY Ehlers, LS and R40 Zone Lot line change; NANCY improved with TRAMONTANA residence on each lot; different owners Your comments are appreciated by November 16, 2004. Thank you. ------------ 0 1 NOV 1 0 2004 `'-) e 1p f` .LOT LINE �..HAN&r OUKVEY OF LOT 9 & LOT 10 MAP OF JOHN G. CHAMPLIN FILED OCTOBER 23, 073 FILE No. 337 SURVEY OF P/O LOT ct 4 P/O LOT 10 MAP OF PROPERTY OF JOHN A. MONSFLL FILED JUNK I8, 1815 FILE No. 53 51TUATE: 6REENPORT TOWN: 5OUTHOL.D SUFFOL-K COUNTY, NY SURVEYED OG-12-01 SUFFOLK GOUNTY TAX # 1000-34-3-3a 1000-34-3-50 Prepared For: Thomas M. DeWolfe o LrOte a� S cl •s �o" co"�rete c N130 260 r •V aAk R x o x p �x O FrQ P/ s 5 • � �'`\N Nov - f x e s on �5E e�tiy �-1 A5 0 o yid prop s��e. ,N o\�+� a pc Po 1 vkv o- ) e d+' �,O'1`00 N 2 gC ory c +per �5J \� pv e > No 0 P '" � +4a, T �Px%x 50 Stoop _ O � + Do 6O s dot q TABLE OF AREAS TOWN OF SOUTHOLD :.. BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: October 4, 2004 TO Thomas DeWolfe for :-- Nancy Tramontana 415 Sterling Pl. 0 C T Greenport,NY 11944 � Y 2004 Please take notice that your application dated September 29, 2004 - For permit for lot line change at Location of property 410 Champlin Place, Greenport,NY County Tax Map No. 1000 - Section 34 Block 3 Lot 39 &50 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article IIIA Section 100-30A.3, which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimurn lot size reqaired in the R40 District, according to the balk schedule, is 40,000 sq. ft. The minimum required lot width is 150 feet&the minimum required lot depth is 175 feet. The proposed lot line change would create a less non-conforming lot that measures 4922 sq. ft. with insufficient lot width& depth as per survey dated 9/12/01. In addition, the rear yard setback to the existing dwelling will become more non-conforming with an indicated rear yard setback of 25'; down from 27'. Pursuant to Article XXIV Section 100-244B regarding�such non-conforming lots, a lot less than 20,000 sq. ft. shall have a rear yard setback of 35'. Furthermore, the jot line change would create a non-conformity with respect to the accessory shed which would be located less than one foot(l.') from the rear yard. Pursuant to Article III Sectionl00- 33B, accessories on lots containing up to 20,000 sq. ft, ... shall be setback no less than three feet from any lot line. Authorized Signature f PLANNING BOARD MEMBERS O`OSVFF���►`'O JERILYN B.WOODHOUSE s Gy P.O.Box 1179 Chair o Town Hall, 53095 State Route 25 c* Z Southold, New York 11971-0959 RICHARD CAGGIANO w n► Telephone (631) 765-1938 WILLIAM J.CREMERS �A, �� Fax(631) 765-3136 KENNETH L.EDWARDS �Jp1 �a� MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2004 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: DeWolfe/Tramontana Lot Line Change Located on the south side of Champlin Place in Greenport SCTM#1000-34-3-39 & 50 Zoning District: R-40 Dear Ms. Gould: Enclosed, please find the check you submitted to this office in the amount of $250 for the lot line modification application fee. As we discussed,/,he new fee is $500. However, you may submit the new fee after you obtain ZBPapproval and the Planning Board is able to process the application. If you have any questions or need additional assistance, please feel free to . contact this ice. rl Anthony . rezz Senior Planner Enc. 4 1 JENNIFER B. GOULD Attorney at Law 210 Main Street • P.O. Box 177 • Green port, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 RD SEP 2 4 2004 Southold Town September 24, 2004 Planning Boar Jerilyn B. Woodhouse, Chairwom Southold Town Planning Board 53095 Main Road, PO Box 1179 Southold,NY 11971-0959 RE: DeWolfe and Tramontana Lot Line Change Premises: 415 Sterling Place and part of 301 Champlin Place Greenport,NY 11944 (SCTM#'s 1000-34-3-50 (DeWolfe) and 1000-34-3-39 (Tramontana) Dear Ms. Woodhouse: I represent Thomas M. DeWolfe. Enclosed pleased find the completed application for lot line change, authorization letters (2), copies of property deeds (2), Short Environmental Assessment Form, Transactional Disclosure Form(2), copy of building permit 30123Z and ZBA decision 5467, 8 copies of the Sketch Plan and $250.00 application fee. The enclosed application seeks to reconfigure 2 adjacent pre-existing non-conforming lots in adjacent subdivisions, each of which was created in 1873. The lot line change involves the transfer of a 198 square foot trapezoid area from tax lot 39 (Tramontana)to tax lot 50 (DeWolfe). The purpose of this application is to eliminate the present .4-foot encroachment of the DeWolfe single family dwelling on the Tramontana's lot. As you will see from the enclosed sketch plan,there is a chain line fence along the proposed property line division between the two lots. This fence has existed for more than 20 years. The applicants desire to legally validate this de facto boundary line between their properties. After reviewing the application, should the Board or staff have any questions,please do not hesitate to contact me. Very truly yours, JJ�e ' r B. Gould Enclosure cc: Thomas M. DeWolfe