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HomeMy WebLinkAbout1000-55.-2-5.2 5URVEY FOR LOT LINE GHAN6E 51TUATE: 5OUTHOLD N TOWN: 5OUTHOLD 5UFFOLK COUNTY, NY W s E SURVEYED 08-03-2005 APPROVED BY REVISED II-0I-2005 LINE STAKED 03-16-2006 PLANNING BOARD S SUFFOLK COUNTY TAX #'S 1000-55-2-5.2 TOWN OF SOUTHOLD 1000-55-2-5.3 Owners: DATE U� 126-07 Richard G.Ward Susan C.Ward 440 Old North Road ` Southold,New York 11971 GC/ oHw Old zr 4t 0 S9 e ,� ea ®ad of _f ent _S E L -L-, M1 L° 32126 we„ p ' \ CO �� 'a� I1 ' oo 2.13 z I \� N �J M h �S�• m a• �� � � h ?,.��s - L Eli, LL N U 6 I stWOoa CF P, SEOryQ�Q999e %$. / LOT e 20' goc �3• l I ; lN_ T 1 o I LOT I K E 1 E o � ' E 'E rn I N ° FF N850 p 0 ,� _ _ 85 30 50 40.00, . _ 3_, '_O'�W 105. O 6 — _ __ _ (^�A ° �3 LINE ° -d , - LL v N >=X1 ING — pR01RN I I m. O ° zQ I o\ x n rn N 73 O ° Woos I I of 0 o —1 O BUILDING ENVELOPE zsVw J O BUILDING ENVELOPE O U 1 w ' O 0 1 h° � O � u- Z Ot VC3F o �ti 0 p•N 1 �_ 112.62' s•— STAKE � oT 180.659 N85 30'50"W 11 ' 29 o1 [ o s [ 1 Z p F Nell Land Now or Formerly of:� 6 Richard Ward ; J (1000-55-2-5.1) 1 I NOTES: MONUMENT FOUND q `[ p PIPE FOUND o I t I APR ► ' %nN Es, Lw lha ze0 alterotlan ar addRion to° map bervg°Ileeraed Imd w 1-1 se°I Is u OVERALL AREA = a0,681 SF OR 2.08 ACRES Ld vbl°t°n eF xc[bn,309,rbEMe°n 7, M rvo..rat store ewc°non[.ow.• AREA LOT I BEFORE LINE GRANGE = 50,523 SF OR 1.16 ACRES MI""ey mQketl nIN on orlylrol°F the IL surveyor4 AREA LOT 2 BEFORE LINE CHANGE = 40,155 SF OR O A2 ACRESeorebered I to a i::•„ :,':�;U i •LerllFlwtlom kbicoted hereon sigilFy tlmt this AREA LOT I AFTER LINE CHANGE = 48,519 SF OR 1.11 ACRES AREA LOT 2 AFTER LINE GHANGE = 42,162 SF OR OA'7 ACRES _:. �_-=�-A�- '� �d - , by bin Fle..York Stare lusocbtbn of F'roFessbriol Lmd` Sab certVlcotbre Yell p ally .'•,,ti7�yp-•L:a.:..y..,.••.a�,:a_--v ^••�'•..., ...,..•+.-,s-<..,y- to the person ra•nh°n th°ervey b preod� hg beholF to Ne[Rle eaepaay gov • cttRb:�:��c-r�.......—a.—:�•<_...." tal°geney ontl Ien44g IrnbWtlon Ibretl hereoM and ZONING D15TRIGT AG - SETBAGKS BASED UPON NONGONFORMINCG LOTS he me ghee of he le bby bet Wtbn.Ge[IFka- tloro ore rot b•aroFerdfle to otivwt .InbWtkm JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 6RAPHIG SGALE 1"= 50' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compagserver\pros\05\05-247.pro MAILING ADDRESS: PLANNING BOARD MEMBERS *OF SUUT P.O.Box 1179 JERILYN B.WOODHOUSE ,`� �� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N Ac Town Hall Annex MARTIN H.SIDOR �pQ 54375 State Route 25 GEORGE D.SOLOMON Oly (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Comm Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 2007 Jennifer B. Gould, Esq, P.O. Box 177 Greenport, NY 11944 Re: Proposed Lot Line Change for the properties of Richard and Susan Ward Located on the s/s/o Old North Road, approximately 1,380' west of North Road, in Southold SCTM#1000-55-2-5.2 & 5.3 Zoning Districts: A-C Dear Ms. Gould: The Southold Town Planning Board, at a meeting held on Monday, June 11, 2007, adopted the following resolution: WHEREAS, this proposal is to reconfigure the lot lines and reduce the width of the right- of-way on the subdivision map of Vito W. Amari where, following the lot line changes, Lot 1 equals 48,519 sq. ft., Lot 2 equals 42,262 sq. ft. and the right-of-way is reduced to a 20'-wide common driveway to provide access to Lots 2 & 3; and WHEREAS, on June 3, 2005, the applicant submitted an application for a Re- Subdivision (Lot Line Change), including a survey prepared by John C. Ehlers, L.S., dated,August 3, 2005 and last revised on November 1, 2005; and WHEREAS, the resulting lot line changes make both lots non-conforming with respect to lot area and lot width and the existing structure non-conforming with respect to the side-yard setback; and WHEREAS;.the,Zoning Board of Appeals granted the necessary relief on August 29, 2006 (ZBAFile # 5867); and WHEREAS, as a condition of approval, the Zoning Board of Appeals is requiring that the barn that currently exists on Lot 2 shall remain at the present location until such time that a residence is established, at which time the barn must be made to conform to the Code; and 1 - Ward Lot Line Change Page Two June 12, 2007 WHEREAS, on November 13, 2006, the Southold Town Planning Board granted conditional final approval on the surveys prepared by John C. Ehlers, L.S., dated August 3, 2005 and last revised on November 1, 2005; and WHEREAS, on April 10, 2007, the applicant submitted certified copies of the deeds and a Common Driveway Agreement executed by the owners of Lots 2 and 3, all of which were filed with the Office of the County Clerk on March 26, 2007; and WHEREAS, on April 11, 2007, the applicant submitted the final map, prepared by John C. Ehlers, L.S., dated August 3, 2005 and last revised on March 16, 2006; and WHEREAS, on June 11, 2007, the applicant submitted copies of the recorded Declaration of Covenants and Restrictions; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants final approval on the surveys prepared by John C. Ehlers, L.S., dated August 3, 2005 and last revised on March 16, 2006, and authorizes the Chairperson to endorse the maps. Copies of the signed map are enclosed for your records. If you have any questions, please contact this office. Very truly yours, ?Jelyn B. Woodhouse Chairperson Enc. cc: Building Department (w/map) Assessors Office (w/map) 06/11/2037 10:04 631-765-8036 JENNIFER B GOULD ESQ PAGE 131/08 53740 Main Road, p.0. Box 988 }� Southold, New York 11971 Phone:631.765.8375 ; Fax:631-765-8036 ould a Jennifer e r C0'W' t r JUN 1 2007 E.,,.,t A ezat� From: ` I�- _ Jartnffer - Fax_ 76 A Date: Phones ` L - rq Pangs. �* 0 Urgent ❑For Review 0 P1625e Cor.t.nenf 0 Please ReplIr 0 Please Recycie •Corrarrdep4ba P rat^01q,0 d a4 SX,1 l 2.5 b P05P 6159 . jA vl`l %U-05,b O A S, (Q(4Qzp Ca Ll w c-�p" 6o� IMPORTANT NOTICE:n law office Is sending the InfonnaUon oont2lned in this fFicalmlie transmission and It may contain infomiallon,Mich is privlleged end!or confidential. The inforrnatlon Is intended only for the use of the Individual or entity nnmed above, If you pre not the intended recVent or an employee or agent responsible for delivering this facsfmlle to the intended Wiplent, please be advised Ulat any unauthorized dissemination, distribution, disclosure or copying or this oommuploation is prohibited and may be punishable under applicable laws. 06/11/2307 10:04 631-765-8036 JEWIFER B GOULD ESQ PAGE 132/08 I Illllll Ili{lllll 11111 IIIII I{I11 lllll IIIII IIIII 11111111 Illlll IIIII 111111111 IN SUFFOLK COUNTY CLERIC RECORDS OFFICE RECORDING PAGE Type of Instr=ant: DgCLA.RATION/DOP Recorded: 06/08/2007 Number of rages: 6 At: 10:14:34 AM Receipt Number : 07-0054567 LIFER: D0001.2508 PAGE: 689 District: Section: Block: Lot: 1000 055.00 02 .00 005.004 EXAMINED .A= CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18. 00 No Handling $5.00 NO CO,E $5.00 NO ANTS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.copies $5.00 NO RPT $30.00 NO SCTM $0.00 NO Veen Paid $78.00 THIS PAGE IS A PART OF THE INSTRIMENT THIS IS NOT A BILL t7udith A. 'Pascale Country Clerk, Suffolk Covx�t�r_. �� .^F�"��'s �vJ �� �•--"'"—'-r .fit� .' '�? ` ,p� J i5:., A-6/11/2007 10:04 631-765-3036 JENNiFER B GUULD ESQ PAGE 133f68 r— - � Number of es a ' p � � 200' Jun IS i 0;1'4;.;a wt CLERK OF Serial# .,l.Ir��-�OLK C'04.1TV !. Cortiflcate# Prior Ctf.#t Deed/Martgaee Instrument Deed l Mortgage Tax Stamp Recordirg/Filing Stamps 4 FEES 3 Page(Filing Fee � L)_ Mortgage Amt. _ Handling5 1.Basic Tax _ TP-584 _ 2.Additional Tax Notation r Sub Total EA•52 17(County) _ Sub Total Spec,/Assit. Or EA•5217(State) „ Spec./Add. _ R.P.T.S.A. _06 +� TOT.MTG_TAX _ DUBJ Town_Dual County_ colrnm.of Ed. , .5.2► _ Held for Apportionment Affidavit _— +►' + Transfer Tax _f - --� Mansion Tax - . The property covered by this mdrtgelge is or Reg.Copy will be improved by a one or twi) family � — Sub Total ;�, dwelling only. Other f"' YFFS_orNO__._. _ — � GRAND TOTAL /r�' • If NO,sec appropriate tax clause on page 6 of this instrument. S Real Property Tax Service Agency Verification 6 COrxznraunity Preservation Fund Dist. Section 1 Block I I.nt Consideration Amount $ _ 1000 05500 0200 005004 Stamp CPF Tax Due S Date CLP Improved Initials Vacant land 3lifsfttctionsrlitsehargeFJlteleases List Propety Owners Mailing Address TT) RECOF,A&➢ ETURN TO; T1D PY)r t'�p r- 9, &C-r t f d, IFS Q. , TD P. 0 . 90A Title Com:pally Inforlmation Co. Name Title# Suffolk County Recording & Endorsement Nore This page fom-ts part of the attached (10 of Y]u Y?4 0 07 CA rP�lr��(+.ty�,J made by; 000"71:rTr"I •ram".nn C 11G rr4 The premises herein uated in SUF FOLK COUNTY,NEW YORK T o In the.Township of SO Wt inn 1 A In the VILLAOF or RANMET of BOXES S THRV 9 MUST BE TYPED OIL PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILIM, 06/11/200 10:04 631-765-8036 JENNIFER B GOULD ESQ PAGE 04168 MCLARATZaN of COVPNMTS AM RESTRICTIONS THIS DXCLApAtToN is made this3 day of May 2007, by Richard G. Ward, with an address of 1500 Lakeland Avenue, Bohemia, NY 11716, hereinafter referred to as "the DECLARANT, " wEnzAS the DECLARANT is the owner of premises known as Lot ? on the subdivision map of Vito W. Amari approved on March 12, 1975, (hereinafter referred 'to as the "Amari subdivision") and more particularly described in Schedule A annexed hereto, (hereinafter sometimes referred to as "the premises" or "Lot 2") anal; wmEREAS, on June 3, 2006, DECLARANT and Susan C. Ward, owner of property known as Lot 1 in the Amari subdivision filed an application for Re-Subdivision (Lot- Line Change) , irc.ludi.ng a survey prepared by John C. Ehlers, L.S dated Aug+���t 3, 200°S and last revised on November 1, 2005, annexed heretn as Schedule S and WHEMA,S, the resulting lot lane changes mare both Lot 1 and Lot 2 in the Amari subdivision non--conforming with respect to lot area and lot width and the existing structures non-conforming with respect 'to the present Southold Town Code side yard setback requirements; and WENREAS, the Zoning Board of Appeals granted the necessary relief on August 29, 2006 (ZSA File # 5867) ; and GPkiEREAS, as condition of approval, the Zoning Board of Appeals regt1ired the barn that currently exists on Dec:l.arant' s premises skull remain at its present location until such time that a residence is constructed on said property, at which time the barn must be made to conform to the Southold Town Code; and WHEREAS, on November 13, 2006, the Southold Town }?1anntng Sward granted conditional final approval of the Re-subdivision (Lot-Line Change) based upon the surveys prepared by a"ohn C. Ehlers, L. S. , dated August 3, 2005 and last revised on November 1, 2005, subject -to the following covenants and restrictions as a condition of said approval, and 06/11/200e- 10:04 631-765-9036 JENNIFER S GOULD ESQ PAGE i:15/08 wm9YX6AS the DECLP^RANT has considered the foregoing and .has determined that the same will be in the best interest of the DECLARAINT and subsequent owners of the premises; NoW, THEREFORE, THIS DECLARATION WITNESSETH: That the DELCAUANT, for the purpases of carrying out the intentions above expressed, does hereby make known, adrttl,t, publish, covenant and agree that said premises within the aforementioned subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said premises, their heirs, executors, administrators, legal representatives, distributes, successors and assigns, to Wit: a. The 50 foo: wide right-of-way shown on the Amari subdivision over Lot 2 shall. be reduced to a 20 foot ommon driveway; b, The owners of Lot 3 in the Amari subdivision :3hall have a right of, use and access over the ��ommcn driveway on Lot 2 of said subdivision; and c, The barn that currently Exists on Lot 2 of said subdivision may remain at its present location until such time as a residence is constructed on Lot 2, at which time the barn must be made to conform to the Southold Town Code. This covenant and restriction shall run with the land and shall be bilading upon the DECLARANT, its successors and assigns, and Upon all persons or entities claiming under theca, and may be terx.-ina'ted, revoked or amended by the owner of the premises only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase of provision of these covenants and restrictions shalt., by a Court of competent jurisdiction, be ad udged illegal, unlawful, imvalid or held to be unconstitutional, the samo shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part 2 06/11/2007 10:04 631-765-90?6 JENNIFER S GUULD ESQ PAGE 06/08 so ads,"Adged to boe illegal, unlawful, invalid, or unconstitut;Lcnal. The a.foremenrioned Restrictive covenants are intended for the benefit: of and shall be enforceable by the Town of Southold, State: of New York, by injunctive relief or by any other remedy ill equity or law. The failure of said agencies or the own' of Southold to enforce the same shall not be c+eemsd to affect the validity of this covenant nor impose any lial.-Lli.ty whatsoever upon the Town of Southold or any officer or employee thereof, ;the witk!i.n DECLARTATZCN is made subject to the rev .sions of all laws, required by law or by their prov-',sions to be incorporated herein and made a. part kG -eof, as though fully set forth herein. That the within DECLARATyC�I shall run with the land and shall be binding upon the DECLARANT his successors and assigns, and upon all persons or ent.itiez caaitnirig under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by sur,sequent owners of the premises unless and unt .1 approved by a majority piss one vote of -the of the Southold Town Planning Board or its successors, after a public hearing. ;N WITNESS wsEnCV, the DECLARANT above named has executed 'the foregoing iJLment the day and year first written above. } S:tTCE�RD G. �4D State of New Yox,kj County of Suffolk ss. : on 1,+-Mt yA-r k,-7 , 2007, beEare me, the^undersigned, personally proved to me on the La.la whose names are gad t_o me that they COLJNJ' CLERI;'S OFFICE their signatures on SMIATE OF NE'W YCDRK SS.: t behalf of which the COUNTY OF SUFFOLK I, )L't)T.T741 A. PASCALE, Cleric of. the County of Suffolk Acid. the C? t of Record thereof, do hereby certify that, I have co p red e annexed ..vui . (ic origfnal geed RECORD" in my office on . ...,. ...... under 1LvI F Q� ,1�.PAGE....,(i1.�.....and,that the same is a true copy thereof, and 2e whole of sure.ong inal. in"Testimony Whereof, 11",ove' ereu.:nt6 set my axed and affixed h sea] of said County and Court on this ....day of 20 , 65f11/21007 10:64 GK-765-8036 JaINIFER B GOULB ESQ PAGE 137/08 . SCM.DTJLE `A' ALL THAT certain plot,piece ort rcel of laud,sitmte,lviurtg and being at Southold,in the TOWrI of Southold,Count5r of Suffok and.State of New York bounded and described as Follows: BJEM VING at a,point on the southerly side of Old North Road distant westerly 1380 feet,morn:or less, from the conger formed.by the intersection of the westerly side of North Road,C.R.27 and the southerly side of Old..North Road; RUNNING T.FMNCE South 04 degrees 29 minutes 10 seconds Wes,275.72 feet to land now or formerly of Richard Ward; TI4atCE North 85 degrees 30 minutes 50 seconds West along said land now or formerly of Rich ard'Ward, 180,65 feet; THENCE North 17 degrees 50 minutes 00 seconds East,307,82 feet to the southerly side of Old North Road: ENCE South 73 degrees 16 tarznutes 40 seconds East alot�the southerly side of Gld North Road, 1.12.13 feet to the point or place of BEG1rihWCj. SUBJECT TO a 20 foot wide right of way for a common driveway over the easterly portion of,'rlie Premises to the Old Nosh Road for the benefit of the premises in=ediately to the South. 70GETI-MR M ri a 20 foot wide right Of vvaay over the aforesaid common driveway. f 06/11/2007 10:04 631-765-8036 JENNIFER S GOULD ESQ PAGE 138/08 FOR LOT L I GHl; ' . )M-, W tTT-IALD iLK 6uNTyr F1'Y" VerMD ?fstp ca-2t7cg POLK CCXN r TM vs 5 _ G-SS-3-5.5 i 1 d"C.Wod m v'vZot t GASNatB RON& meld.Nor 7I'e6as1971 . I `r LOT @ U I E 6 W �i � '� 0 j i ar•�' � � - }; I NOT of u 140.0C' {- N I I� •` f4t�7r -TNe oI' I m U i +I v Imo,?u 10md ef`elr.T+ti "' ; O I• ' 1 �f o� I a ` ' ; A � y 180.65' I " ti N$4°�0'SQ"W ,� �29 f J ' l LJ wwlldkl Larc1 Nc,N Or rorrnr rl oP. �• r l bs � HONUHENT f•G41NC ' Fb�p •ytP � . '.i PIPE F-MM? 'ERALL AREN •9G,661 SF OR 2.d6 hdR44 2�pp.,LOT I WmftFt�uwe c 4AZ°ZV2 SF OR 1,16 Ea LOT 9EORE LINE GPI�N3�o ,S"S4 5F gR 0.9:2 hGRL"� a LOT II API FFZ LINE rWANC- o 4,3ZP;9F OF..i II AGf $ LCT, AFrM LINE GNAMC a� ,162`I'OR o4-r A4pr-5 M-7 UIgmar AG-5E1'HA=5 9AC-W UFJN JOHN C. EHLERS LAND SURVEYOR d EAST MAIN S MIffi, N.Y.B.Lac,N0.302M :>F-:IC 5GALE I'• SC' krilmomk4.N.X.ti901 „I 7d9-R2aB Aar 369-8287 REF2;tperostU�lgs-aa7.pro •• j 05/23/2007 11:48 631-755-8935 JENNIFER B GOULD ESQ PAGE 131/94 53740 Main Road, P.0, Box 988 Southold, New York 11971 Jennifer 'C' Phone:631-765-8375 Gould Fax:631-765-8036 Attomey Fm To: A From: Jennifer B.Gould,Esq. IFam -7 b 5-— *0 15 to --— PAW S- Z 3—Q-7 Phoaft -76T, f9'.`r- Pages: 4 wt4k ep,� Ike. WQ C. A Ce. ©urgent ❑For Review ❑Please Comment ❑Please Reps ❑Please Recycle •Comments: F' ..Y.F�'�,M,v.{�;�PJ*°J c!�' 'r•d- 5Fna"Zs A �lJ. ` E C E W E I `y} MAY 2 4 '007 ` t JUilEf�)�J 'l;'r:il mt '.i✓.r2kn:..l.::a4:'}....w.�dAh:r..:r.:,.+...ro...,..t....a......+.. I,�it'..:GfP}4:P.TYt.NF- r� IMPORTANT NOTICE:a late ofti o is sending the informetlon contained in this facsimile transmission and It may contain Information,which is prlvlleged sandier conrldentiat The Information Is intended only for the use of the individual or entity named Above. If you Are not the intended recipient or an employee or agent raspom;ible for delivering this faCsimle to the Intended roolplent, please be adviAed that any unauthorized dlsseminaflon, distribution, disclosure or copying of this communication is pmhlbited and may be p!Unishabis under applicable laws. 05/23/2007 11:48 631-755-803E JENNIFER B GOULD ESQ PAGE 132/04 DECLARF�TxON CF' CpySNp,NxS AND RESTRICTIONS THIS DEr-LARATION is made this day of May 2007. by Etichard G. Ward, with an address of 1,500 Lakeland Avenue, p.oheml_a, NY :L1716, her referred to as "the DECT ARANT,„ WE PIREAS i:he D'E07 ArANT is the owner of premises known as 1,0-t 2 on the subdivision map Of Vito W' Amari approved on March 12, .La75, (hersinafterr referred to as the "pmarr. subdivision ) and more payticularly described in Schedule A annexed i,cxe.to, (hereinafter sometimes referred to as "the premises" Or "Lot 211) and; %nRZAS, on Jun.e 3, 20051 DECLARANT and Susan C. Ward, owner of property known as Lot 1 in the Amari subdivision fitted an application for Re-Subdivision (Lot Line Change) , including a survey prepared by John C. Ehlers, L, S. , dated August 3, 2005 and last revised on November 1, 2005, and SRSA,, the resulting lot line changes make both .Lot 1 and l.�ot 2 in the Amari subdivision non-conforming ,litith respect to trt aa.ea and lot width and the existing structures non--conforming with respect to the present Southold TQwr7, Code side yard setback requirements; and WXZRE,AS, the Zoning Board of Appeals granted. the necessary relief on August 29, 2006 (ZBA file # 5867) ; and WHEREAS, as condition. of approval, the Zoning Board of Appeals required, the barn that currently exists on Declaxant' s premises shall remain at its present location until such time that a residence is constructed on said time the barn must be made to conform 'to property, at which the Southold Town Code; and TiMEREAS, on November 13, 2006, the Southold Town planning soard granted conditional ,f,inal approval of the Re-Subdivision (Lot-Line Change) based upon the surveys prepared by John G. Ehlers, L.S . , dated August 3, 2005 and 158t revised on November 1, 2005, subject 'to the .followi.ng covenants and restrictions as a condition of said approval, and e M� 05/23/2007 11:48 631-765-3036 JENNIFER B COULD ESW PAGE 03104 WdE1,AS tine DECLAP,2WT has considered the foregoing and interest has determined t:C1at the Same. uantlozrmErSnofhtheest prer�i.ses, of the DECTaAR71NT and g wow, THZRE O=d , THIS ]DECL&RATIoN WITI'NESSE` H: That the DELC7IR.ANT, for the purposes of carrying out the i.ntentIOMS above expressed, does hereby make known, admit, aubl,isjz, covenant and agree that said premises within the afoxez�entioned suY�d:i.si lion map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said premises, their heirs, executors, administrators, .legal represrntu_ives, distributes, successors and assigns, to wit: 3.1 The 50 foot wide right-rof-way shown on the A_mari subdivision over Trot 2 shall be reduced to a 20 .Coot common driveway; b. "she owners of LUL 9 %j,1 t17,e Airkari cubdivi99 nn shall ha-\*e a right of use end access over the common driveway on Lot 2 of said subdivision; and c The barn that currently exists on. Lot 2 of said subdivision may remain at its present location until. such tine as a residence is yonstructed on Slot %, at which time the barn must be made to conform to the Southold Town Code. This covenant and restriction shall run with the land shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or en-cities claiming under them, and may be terminated, revoked or amended by the owner of the premises only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of cotnpe'tant jurisdiction, be adjudged illegal, unlawful, invalid c.c held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part Or provision hereof o'thex than, the part 2 05I23?2@07 11:48 631-765-e036 JENNIFER B GOULD ESQ PACE 04/04 Y so adjudged to be i] lpgal, unlawf,.xl, invalid, or unconsti.tu•tional. covenaned The aforementioned Reslrbetin7e eabletbV the s are �Town dOf for uhe benefit of and Yor tin unctive relief or by any So.2thold, State bt I�e41 York, rlaw y The ,failure of said. other: remedy j_n. equi�:y agencies ar the Town of Shethald to dityeOfothistcovenants nor l not be deemed to affect t impose an.y liability whatsoevc�.r upon the Town of Southold or any office.c or employee thereof. The within DZC7�ARATION is made. subject totheer prov:isior_s of all laws, required by law or by provisions to be ix1corposetebrthherein he^eia.ma t That the within hereof, as thO%Ig.n fully DECLAP,ATION shall run with the land and shall be binding upon the f]) C:t:ARA�1T his ps and them�Sandsm�aynnatpbE on all per.�sons or entities claiming under annulled, waived, changed, modified., r�m�sestudlessvandd or amended by subsequent owners of the p., amenl d by by a majority plus one vote of the of the ing Board or its successors, after a Southold Town Plann pu.bl3.c hearing. IN ,WITNESS WHrRROF, the Declarant above named has executed the fcregaing instrument the day and year fiKst written above. ,fate of 4]ew YarJc, County of Suffolk es. : 2001, before me, the undersigned, personally On ' e.ppeare�' Richard C. Ward, personallX 1, own to me or proved to me og-vn the individuals are bas::s of satisfactory sfacto�thinly n t,runent andence to be eacknowledg d to Whose that they 9.2bserit eo executed the same j,n their capaciL•i.es, and that by their si,gnetures on .ic the y Instrumels artedheeui uteri the/i or n.strumes person upon 1�9ha1:C o;C wh.ich the i.nd. •idu 1.otary Public 3 .f MAILING ADDRESS: PLANN N BOARD MEJERILYN B.WOOD MBERS USEO``��F so�ryol SouthOold,ox 1179 lVY 11971 Chair h OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR �� 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND CQUy,N Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Jennifer B. Gould,Esq. (fax#631-765-8036) From: Anthony Trezza, Senior Planner Date: May 23,2007 Re: Ward Lot Line Change 1000-55-2-5.2 & 5.3 Attached,please find the revisions to the Declaration of Covenants and Restrictions. I have included the required standard language using the C &R's from an approved project. You should add the paragraphs as indicated and fax/e-mail a revised copy for my review. Assuming you can get the C &R's filed before the e June 1 ltb meeting, we will be able to issue final approval and sign the maps. Call me if you have any questions. S:\Planning\2007\Subdivisions\Memos\gould 5.23.07.doc • r4b DECLARATION OF COVENANTS & REST TIONS S DECLARATION is made this;P"day of�'2005 by M of LLC with offices at 591A Bicy Path,Port Jefferson,NY 11776,hereinafter referred t the DECLARANT; WIT NE ETH: WHEREAS, the D LARANT is the owner o real ro e p p rty situate on the North side of Main State Road 25, wn of Southold, S 0Ik County,New York, more particularly bounded and described in Schedule " " attached to (hereinafter referred to as the Property); and WHEREAS, the DECL as made an application for and has received conditional approval from the Planning B , o the Town of Southold to subdivide said property into five (5)lots,as shown on the Su 'vision of `Elysian Fields"prepared by John C. Ehlers Land Surveyor, last dat May 3, 2005 'ch map will be filed herewith in the Office of the Suffolk County Clerk- d WHEREAS, for d in consideration of the granting said approval,the Planning Board of the Town of So old has deemed it to be in the best int is of the Town of Southold and the owners an rospective owners of said lots that the within Co nant and Restriction be imposed on said is 1 and 2, 3, 4 and 5, and as a condition of said app al, said Planning Board has req ' that the within Declaration be recorded in the Suffolk County Clerk's Office; and REAS,the DECLARANT has considered the foregoing and have determined that the same 1 be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known,admit,publish,covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenant and restriction as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns,to wit: No building perK' as ued for any of the lots on the approved map C`�,� � until a curb-cut issued by the New York State Department of Transportation f 25 -wide right-of-way as shown in the location on the approvedp. This covenant and restriction shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them,and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors,after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. For Mer t LLC / By: Corp.,Managing M er t erodotus Damianos,M.D.,President jATE OF NEW YORK SS: UNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY T�IAT I HAVE COMPA THE ANNEXED COPY OF DEED LIBER ct AT PAGE RECORDED 163' AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS OrGL DAY OF Q� CLERK _. NIUMl'9 uv.w,gIOW V,a%*" 7V,q No.5053136,Suffolk County Commission Expires December 11.20io—I'V' JENNIFER B. GOULD Attorney at Law 53740 Main Road P.O. Box 988 Southold,New York 11971 Telephone Number: 631-765-8375 Fax Number: 631-765-8036 May 18, 2007 Jerilyn B. Woodhouse, Chairwoman Southold Town Planning Board 53095 Main Road, PO Box 1179 Southold,NY 11971 RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision/Lot Line Modification Premises: 4006 Old North Road and 4400 Old North Road, Southold,NY (SCTM#'s 1000-55-2-5.2 & 5.3) Dear Ms. Woodhouse: Thank you for your letter dated May 15, 2007, in which the Planning Board granted an extension of time for conditional final approval of the above-referenced application. When I requested the extension, I was uncertain whether the surveyor could provide me with the required map copies. However, on April 9 & 10, 2007, 1 submitted five copies of the map; certified copies of the new deeds (2) and a common driveway agreement between Richard Ward and the neighbors, Kira and John Verity, all filed with the Suffolk County Clerk's office on March 26, 2007; and a copy of the proposed covenants and restrictions for the Board's review. At this point in time,the applicant has met all conditions of the November 14, 2006,resolution. If the covenant and restriction is acceptable, I will have Mr. Ward execute it and record it in the Suffolk County Clerk's office. Very truly yours, \.,I� .,w a. -.w:s,.•:A, - ;��`a;~.+,.s.:.rowart.�'.pznnse[n- :.'+�, ennifer B. Gould Enclosure `° ` cc: Richard G. Ward IS 0 V M AY 2 1 2007 y Southold Town <'l Planni o Board }_ i MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF soUryo P.O. Box 1179 JERILYN B.WOODHOUSE 0 �� Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N ,r Town Hall Annex MARTIN H.SIDOR �p� 54375 State Route 25 GEORGE D.SOLOMON Old, (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OWN, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 2007 Jennifer B. Gould, Esq, P.O. Box 177 Greenport, NY 11944 Re: Lot Line Change for the properties of Richard and Susan Ward The properties are located on the s/s/o Old North Road, approximately 1,380' w/o North Road in Southold. SCTM#1000-55-2-5.2 & 5.3 Zoning Districts: A-C Dear Ms. Gould: The Southold Town Planning Board, at a meeting held on Monday, May 14, 2007, adopted the following resolution: WHEREAS, this proposal is to reconfigure the lot lines and reduce the width of the right- of-way on the subdivision map of Vito W. Amari where, following the lot line changes, Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-of-way is reduced to a 20'-wide common driveway to provide access to Lots 2 & 3; and WHEREAS, on November 13, 2006, the Southold Town Planning Board granted conditional final approval on the surveys prepared by John C. Ehlers, L.S. dated August 3, 2005 and last revised on November 1, 2005; and WHEREAS, by letter dated April 9, 2007, the applicant requested an extension of time to meet the conditions of conditional final approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional final approval effective May 13, 2007 until November 13, 2007. Please feel free to contact this office if you have any questions. Very truly yours, Jerilyn B. Woodhouse Chairperson Rf -SF / JENNIFER B. GOULD Attorney at Law 53740 Main Road P.O. Box 988 Southold,New York 11971 Ter4plIONMUM er 631-765-8375 rr a u* April 10 2007 Jerilyn B. Woodhouse, Chairwoman , ?. APR 1 1 2007 Southold Town Planning Board 53095 Main Road, PO Box 1179 Southold,NY 11971 ..,. '...— . RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision/Eot Line Modification Premises: 4006 Old North Road and 4400 Old North Road, Southold,NY (SCTM#'s 1000-55-2-5.2 &SCTM#'s 1000-55-2-5.2 & 5.3) Dear Ms. Woodhouse: Enclosed please find three (3) additional copies of the map and the proposed covenant and restriction. Kindly advise if the covenant and restriction is acceptable and I will arrange for its execution by Mr. Ward and recording with the Suffolk County Clerk's office. Very truly yours, ennifer B. Gould Enclosure cc: Richard G. Ward JENNIFER B. GOULD Attorney at Law _ 53740 Main Road P.O. Box 988 Southold,New York 11971 Telephone Number: 631-765-8375 Fax Number: 631-765-8036 April 9, 2007 Jerilyn B. Woodhouse, Chairwoman Southold Town Planning Board 53095 Main Road, PO Box 1179 Southold,NY 11971 RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision/Lot Line Modification Premises: 4006 Old North Road and 4400 Old North Road Southold NY (SCTM 9's 1000=55-2-5.2 & 5.3) Dear Ms. Woodhouse: Enclosed please find two (2) additional copies of the map. I have ordered additional prints from the surveyor, and will forward to the Planning Board office. In addition, please find certified copies of the deeds (2) and a common driveway agreement executed by the owners of lots 2 (revised lot) and 3 (presently Richard Ward and John and Kira Verity) on the Vito W. Amari subdivision, all of which were filed and recorded with the Suffolk County Clerk, on March 26, 2007. I'm in the process of drafting covenants and restrictions referenced in your letter dated November 14, 2006; however, I need clarification from Anthony Trezzo or the perhaps the Board, before I can finalize them. The six month deadline to complete all Planning Board conditions for this matter expires on May 13, 2007. In the event the covenants and restrictions are not recorded by that date, I respectfully request an extension of time from the Planning Board. Very truly yours, nnifer B. Gould Enclosure cc: Richard G. Ward & Susan C. Ward Hand delivered to the Planning Board Office on April 9, 2007 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of April , 2007, by Richard G. Ward, with an address of 1500 Lakeland Avenue, Bohemia, NY 11716, hereinafter referred to as "the DECLARANT, " is the owner of premises known as Lot 2 on the subdivision map of Vito W. Amari approved on March 12, 1975, (hereinafter referred to as the "Amari subdivision") and more particularly described in Schedule A annexed hereto, (hereinafter sometimes referred to as "the premises" or "Lot 2") , does hereby declare that said premises shall be held and shall be conveyed subject to the following convenants and restrictions : 1 . WHEREAS, on June 3, 2005, DECLARANT and Susan C. Ward, owner of property known as Lot 1 in the Amari subdivision filed an application for Re-Subdivision (Lot Line Change) , including 'a survey prepared by John C. Ehlers, L. S . , dated August 3, 2005 and last revised on November 1, 2005, and 2 . WHEREAS, the resulting lot line changes make both Lot 1 and Lot 2 in the Amari subdivision non-conforming with respect to lot area and lot width and the existing structures non-conforming with respect to the present Southold Town Code side yard setback requirements; and 3 . WHEREAS, the Zoning Board of Appeals granted the necessary relief on August 29, 2006 (ZBA File # 5867) ; and 4 . WHEREAS, as condition of approval, the Zoning Board of Appeals required the barn that currently exists on Declarant' s premises shall remain at its present location until such time that a residence is constructed on said property, at which time the barn must be made to conform to the Southold Town Code; and 5 . WHEREAS, on November 13, 2006, at a public hearing the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617 . 7, performed an uncoordinated review of this unlisted action; established itself as lead agency made a determination of non-significance and granted a Negative Declaration; and 6. WHEREAS, on November 13, 2006, the Southold Town Planning Board granted conditional final approval of the Re-Subdivision (Lot-Line Change) based upon the surveys prepared by John C. Ehlers, L. S. , dated August 3, 2005 and last revised on November 1, 2005, subject to the following covenants and restrictions : it is DECLARED AND COVENANTED BY DECLARANT, his heirs or successors and assigns forever that : a. The 50 foot wide right-of-way shown on the Amari subdivision over Lot 2 shall be reduced to a 20 foot common driveway; b. The owners of Lot 3 in the Amari subdivision shall have a right of use and access over the common driveway on Lot 2 of said subdivision; and C. The barn that currently exists on Lot 2 of said subdivision may remain at its present location until such time as a residence is constructed on Lot 2, at which time the barn must be made to conform to the Southold Town Code. 7 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the Southold Town Planning Board. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal to be hereunto affixed this day of April 2007 . RICHARD G. WARD State of New York, County of Suffolk ss. : On , 2007, before me, the undersigned, personally appeared Richard G. Ward, 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 capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public 2 JENNIFER B. GOULD Attorney at Law 53740 Main Road P.O. Box 988 Southold,New York 11971 Telephone Number: 631-765-8375 Fax Number, R 631,765 803( ' YIf tf' April 9, Jerilyn B. Woodhouse Chairwoman Southold Town Planning Board 53095 Main Road, PO Box 1179 AP l .B4 R 1 Q 2007 Southold,NY 11971 �^ Z� - Tr,.,_;i �. RE: Richard G. Ward and Susan C. Ward Application for Re-Subdi ision/Lot Line.--Modificat' Premises: 4006 Old North Road and 4400 Old North Road, Southol -,-N-Y ----w_. (SCTM#'s 1000-55-2-5.2 & 5.3) ,F,„4s , .• -`" Dear Ms. Woodhouse: Enclosed please find two (2) additional copies of the map. I have ordered additional prints from the surveyor, and will forward to the Planning Board office. In addition,please find certified copies of the deeds (2) and a common driveway agreement executed by the owners of lots 2 (revised lot) and 3 (presently Richard Ward and John and Kira Verity) on the Vito W. Amari subdivision, all of which were filed and recorded with the Suffolk County Clerk, on March 26, 2007. I'm in the process of drafting covenants and restrictions referenced in your letter dated November 14, 2006; however, I need clarification from Anthony Trezzo or the perhaps the Board, before I can finalize them. The six month deadline to complete all Planning Board conditions for this matter expires on May 13, 2007. In the event the covenants and restrictions are not recorded by that date, I respectfully request an extension of time from the Planning Board. Very truly yours, nnifer B. Gould Enclosure cc: Richard G. Ward & Susan C. Ward Hand delivered to the Planning Board Office on April 9, 2007 1111111 IN 11111111111111111111111111111111111 IN IN 11111111111111111 IN IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/26/2007 Number of Pages: 4. At: 11:09 :36 AM Receipt Number 07-0028964 TRANSFER TAX NUMBER: 06-27618 LIBER: D00012497 PAGE : 838 District: Section: Block: Lot: 1000 055 .00 02 . 0V 005.004 EXAMINED AND CHARGED AS FOLLOWS Deed. Amount: . $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5:00 NO COE $5 .00 NO NYS SRCHG $15 .00 NO EA-CTY $5.00 NO EA-STATE $165 . 00 NO TP-584 $5.00 NO Cert.Copies $5.00 NO RPT $30 .00 NO SCTM $0 .00 NO Transfer tax $0 .00 NO Comm.Pres $0 .00 NO Fees Paid $24.7. 00 TRANSFER TAX NUMBER: 06-27618 _. THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A.. Pascale County Clerk, Suffolk County RECORDED Number of pages �' Judith A. Pa:-scale' CLERK OF TORRENS SU(=FOLK Cou,l Serial # _ =.'_5;A Certificate# D1.1 +'+6-21?16 i Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp_ Recording/Filing Stamps 3 FEES Page/Filing Fee 12 Mortgage Amt. 1. Basis Tax Handling 5. 00 2.Additional Tax TP-584 J Sub Total Spec./Assit. Notation or Spec. /Add. EA-5217 (County) J Sub Total TOT. MTG. TAX . EA-5217 (State) I LED- f Dual Town Dual County Held for Appointment R.P.T.S.A. ®b Transfer Tax Comm. of Ed. 5. 00 Q ~' Mansion Tax Affidavit "��� ��5' The property covered by this motgage is or will be improved by a one or two Certified Copy family dwelling only. , YES _or NO Reg. Copy Sub Total I If NO, see appropriate tax clause on Other Grand Total page# of this instrument. 2 - 2-� -O 1000 05500 0200 005004 p o 4 Dis 005.002 5 Community Preservation Fund Real P T S S.P o 5 3 R BSi A Consideration Amount $0 Propert 3-MAR-0 Tax Sei CPF Tax Due. $ 0 Agency Improved Verification Vacant Land xx 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD &RETURN TO: Jennifer B. Gould, Esq, TD PO Box 988 Southold,NY 11971 TD 7 Title Company Information . Co. Name None Title# None 66 AUZZ 8 Suffolk County Recording -& Endorsement Page This page forms part of the attached Bargain and Sale Deed made by: (SPECIFY TYPE OF INSTRUMENT) Richard G.Ward and Susan C. Ward The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold Richard G. Ward In the VILLAGE or HAMLET.of Southold BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING Bargain and Sale Deed with Covenants Against Grantor's Acts-Individual or Corporation COr?SULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY brae.y THIS INDENTURE, made the 2 day of jaauaFy, 2007, BETWEEN _ RICHARD G. WARD, 1500 Lakeland Avenue,Bohemia,NY, 11,716 SUSAN C. WARD, residing at 4400 Old North,Road, Southold,NY, 11971. party of the first part, RICHARD G.WARD, 1500 Lakeland Avenue,Bohemia, NY, 11716 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 party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being SEE SCHEDULE `A' ANNEXED HERETO BEING AND INTENDED TO BE PART OF THE same premises conveyed to Richard G. Ward by deed dated December 29, 2000 and recorded in the Office of the Clerk of the County of Suffolk on January 22, 2001 in Liber 12098 at page 088 and part of the same premises conveyed to Susan C. Ward by deed dated December 29, 2000 and recorded in the Office of the Clerk of the County of Suffolk on January 22, 2001 in Liber 12098 at page 089. 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 .. 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: RICHARD WARD c USAN C. WARD STATE OF NEW YORK:COUNTY OF SUFFOLK)ss: _ On the rr r-T�l day of Jentrary, 2007, before me, the undersigned, personally appeared RICHARD G. WARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. kt a ka Notary Public KARIN LSTk.,_ �;; S.j Aj�. GY jV-y,,A/c. Notary Public,State.,. ' : York dj yg7 u,.y t No.49735e.. Qualified in Suffo:: ;.owuy A-Vr7 ;�,.✓;y Commission Expires Octcaer 22,VM 2u io &=y,P STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: Ri6ructa�4 On the day of Janeary, 2007, before me, the undersigned, personally appeared SUSAN C. WARD, personally known.to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. otary Public JENNIFER B.GOULD: Notary Public,State of New York No.02GO5024640-Suffolk County _ Commission BOMB Marcb.14,20 l 0 - COUNTY CLERKS OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the.' Court of Record thereof, do hereby certify that I have compared the annexed with the original Deed RECORDED in my office on .........pziL, under LIBER..1..??.y�}.'7 PAGE.....93 and,that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand „ l ,Fc:.•.,.a ,_., SCHEDULE `A' ALL THAT certain plot,piece or parcel of land,situate,lying and being at Southold,in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly side of Old North Road distant westerly 1380 feet;more or less, from the comer formed by the intersection of the westerly side of North Road, C. R. 27 and the southerly side of Old North Road; RUNNING THENCE South 04 degrees 29 minutes 10 seconds West 275.72 feet to land now or formerly of Richard Ward; THENCE North 85 degrees 30 minutes 50 seconds West along said land now or formerly of Richard Ward,180.65 feet; THENCE North 17 degrees 50 minutes 00 seconds East,307.82 feet to the southerly side of Old North Road; THENCE South 73 degrees 16 minutes 40 seconds East along the southerly side of Old North Road, 112.13 feet to the point or place of BEGINNING. SUBJECT TO a 20 foot wide right of way for a common driveway over the easterly portion of the premises to the Old North Road for the benefit of the premises immediately to the South. TOGETHER WITH a 20 foot wide right of way over the aforesaid-common driveway. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/26/2007 Number of Pages: 4 At: 11: 09 :36 AM Receipt Number : 07-0028964 TRANSFER TAX NUMBER:. 06-27617 LIBER: D00012497 PAGE: 837 District: Section: Block: Lot: 1000 055 .00 02 .00 005 .005 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: .- $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 .00 NO Handling $5 .00 NO COE $5 .00 NO NYS SRCHG . $15.00 NO EA-CTY $5 .00 NO EA-STATE $75.00 NO TP-584 $5 .00 NO Cert.Copies $5 .00 NO RPT $30 .00 NO SCTM $0 .00 NO Transfer tax $0.00 NO Comm.Pres $0 .00 NO Fees Paid $157 ..00 TRANSFER TAX NUMBER: 06-27617 _ THIS PAGE IS• A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County -Clerk, Suffolk County r. 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 day of m� 2007, BETWEEN _ RICHARD G. WARD, 1500 Lakeland.Avenue,Bohemia,NY, 11716 SUSAN C. WARD, residing at 4400'Old North Road, Southold,NY, 11971 parry of the first part, SUSAN C. WARD, residing at 4400 Old North Road, Southold,NY, 11971 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 party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being SEE SCHEDULE `A' ANNEXED HERETO BEING AND INTENDED TO BE PART OF THE same premises conveyed to Richard G. Ward by deed dated December 29, 2000 and recorded in the Office of the Clerk of the County of Suffolk on January 22, 2001 in Liber 12098 at page 088 and part of the same premises conveyed to Susan C. Ward by deed dated December 29, 2000 and recorded.in the Office of the Clerk of the County of Suffolk on January 22, 2001 in Liber 12098,at page 089. 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 parry 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. 2 RECORDED Number of pages � 2007 Mar- 26 11:i i:-36 API TORRENS _iu dit.h A. Pascale CLERK K OF Serial # UFFi;B_F:: Ci it ifa'� L D i0 i1-_497 Certificate# F' Prior Ctf. # Deed . Mortgage Instrument Deed /Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 12 Mortgage Amt. 1. Basic Tax Handling 5. 00 2.Additional Tax TP-584 Sub Total Spec. /Assit. Notation or EA-5217 Count J Spec. /Add. (County) Sub Total State .— TOT. MTG.TAX EA-5217 (State) � - Dual Town Dual County R.P.T.S.A. ®b�cc Held for Appointment r� Transfer Tax - Comm. of Ed. 5. 00 W Mansion Tax Affidavit M t tP� "N� ®ems' The property covered by this motgage is _ �yV or will be improved by a one or two Certified Copy family dwelling only. YES or NO Reg. Copy Sub Total If NO, see appropriate'tax clause on Other Grand Total 5 ) page# of this instrument. 01 1000 05500 0200 005005 I lots 4 IDistrictl( 0 5.002 5 1 Community Preservation Fund T Real R BSI A 005.00 Consideration Amount $0 Property 3-MAR-0 Tax Service CPF Tax Due $ 0 Agency Improved Verification Vacant Land 6 'Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD &RETURN TO: TD Jennifer B. Gould,Esq. TD PO Box 988 Southold,NY 11971 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) Richard G. Ward and Susan C. Ward The premisis herein is situated in 'SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold ' Susan C. Ward In the VILLAGE or HAMLET of Southold BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: RICHARD G. ARD C.WARD STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the day of Jam, 2007, before me, the undersigned, personally appeared RICHARD G. - - = WARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual = whose names is subscribed to the within instrument and acknowledged to me that he executed the same in' . his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public KARIN L STALTER Notary Public,State of New York No.4973546 Qualified in Suffolk county Commission Expires October 22,tit 2-d:,1,, STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: b rupQ`� On the ;ke' day of Jmuafy 2007, before me, the undersigned, personally appeared SUSAN C. WARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. of Public JENNM B.GOULD Notary Public,State of New York No;02GO5024640-Suffolk Count/ Commissioll Expires Much 14,201,p COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original Deed RECORDED in my office on ..... under LIBER..L.o7.�f 9...7....PAGE....612......and,that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed e seal of said County and Court on this. (,z��•day of. ••••••.20 SCHEDULE "A" ALL that certain plot,piece or parcel of land, situate,lying and being at Southold,in the Town of - Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly side of Old North Road distant westerly 1492.13 feet,more or less,from the corner formed by the intersection of the westerly side of North Road,C.R.27 and the southerly side of Old North Road; RUNNING THENCE South 17 degrees 50 minutes 00 seconds West,307.82 feet to land now or formerly of Richard Ward; THENCE North 85 degrees 30 minutes 50 seconds West along said land now or formerly of Richard Ward, 112.62 feet to land now or formerly of Mary Fricke Punzi; THENCE North 04 degrees 29 minutes IQ seconds East along said land now or formerly of Mary Fricke Punzi and later along land now or formerly of Arlette Canning and land now or formerly of Frank and Patricia Lawrence,345.78 feet to the southerly side of Old North Road; THENCE along the southerly side of Old North Road the following two(2)courses and distances: I. South 70 degrees 59 minutes 00 seconds East, 157.32 feet; and 2. South 73 degrees 16 minutes 40 seconds East,32.12 feet to the point or place of BEGINNING. RECORDED _iUdi z-h H. Pa--scale Number of pages W =LEEK s� TORRENS _UFF OLr: 01 s;-aTY Serial # - 39 Certificate# Prior Ctf.# ` Deed . Mortgage Instrument Deed /Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee p r Mortgage Amt. 1. Basic Tax Handling 5. 00 2.Additional Tax TP-584 Sub Total .7 Spec. /Assit. Notation or EA-5217 (County) Sub Total 2� Spec.l Add. TOT. MTG. TAX EA-5217 (State) Dual Town Dual County _ cc Held for Appointment R.P.T.S.A. JU b — — - �� Transfer Tax Comm. of Ed. 5. 00 mU Mansion Tax Affidavit pro� �' The property covered by this motgage is W or will be improved by a one or two Certified Copy 5 family dwelling only. , YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on Other Grand Total nn ✓ page# of this instrument. 1000 05500 0200 005004 �05.001 _ 4 District 5 Community Preservation Fund Real p T � • BSI A Consideration Amount $0 Property 3-MAR-0 CPF Tax Due $ 0 Tax Service Agency - - - --- Improved xx Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD &RETURN TO: Jennifer B. Gould,Esq. TD PO Box 988 Southold,NY 11971 TD 7T Title Company Information Co. Name None Title# None G 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Common Driveway Agreement made by: (SPECIFY TYPE OF INSTRUMENT) Richard G. Ward " The premisis herein is situated in SUFFOLK COUNTY,NEW Y MR. TO In the Township of Southold John J.Verity and Kira R. Verity In the VILLAGE or HAMLET of Southold BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 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: EASEMENT/DOP Recorded: . 03/26/2007 Number of Pages: 6 At: 11: 09 :36 AM Receipt Number : 07-0028964 TRANSFER TAX NUMBER: 06-27619' LIBER: D00012497 PAGE: 839 District: Section: Block: Lot: 1000 055 . 00 02 . 00 005.004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 .00 NO Handling $5 .00 NO COE $5. 00 NO NYS SRCHG $15 .00 NO TP-584 $5. 00 NO Notation $0 .00 NO Cert.Copies $5 .00 NO RPT $30 .00 NO SCTM $0 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 .00 NO Fees Paid $83 .00 TRANSFER TAX NUMBER: 06-27619 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith 'A. Pascale County Clerk, Suffolk County COMMON DRIVEWAY AGREEMENT MArr6_ THIS AGREEMENT, submitted this day of may, 2007 by and between RICHARD G. WARD, residing at 1500 Lakeland Avenue, Bohemia, New York, and JOHN J. VERITY and KIRA R. VERITY, residing at 4004 Old North Road, Southold, New York WHEREAS, RICHARD G. WARD is the owner in fee of premises known as 4006 Old North Road, in the Town of Southold, Suffolk County, New York, by deed intended to be recorded simultaneously herewith; and WHEREAS, JOHN J. VERITY AND KIRA R. VERITY are the record owners of premises known as 4004 Old North Road, in the Town of Southold, Suffolk County, New York, by deed dated June 9, 2005, which deed was recorded in the Office of the Clerk of the County of Suffolk on July 8, 2005 in Liber 12396 at page 791; and WHEREAS there is a twenty-foot wide driveway located upon the property of RICHARD G. WARD, as shown on a survey made by John C. Ehlers dated August 3, 2005 revised November 1, 2005, a copy of which is attached hereto; and WHEREAS, the parties hereto wish to establish the rights and obligations with respect to the said twenty-foot wide driveway for themselves, their heirs, successors and assigns; NOW THEREFORE, in consideration of the mutual promises contained herewith, the parties agree as follows: 1. The driveway located along the easterly line of the premises known as 4006 Old North Road, Southold, New York, presently owned by RICHARD G. WARD, is a twenty-foot wide common driveway. 2. That this said driveway shall be perpetually maintained as a common driveway as shown on the attached survey map for use by the owners and occupants of the premises herein above described. 3. RICHARD G. WARD, hereby grants to JOHN J. VERITY and KIRA R. VERITY, their heirs, successors and assigns the perpetual right to use the portion of the said driveway located upon his premises as shown on the attached survey map for the purpose of ingress and egress and for the purpose of maintaining the said driveway. . 4. JOHN J. VERITY and KIRA R. VERITY release any claim that they may have in and on the property underlying the portion of the common driveway located on the premises of RICHARD G. WARD, as shown on the attached survey map except for the rights established under this agreement. 5. The parties hereto agree that they shall mutually maintain the common driveway. NYSBA PRACTICE FORMS 3/03 RET035 - 1 6. It is mutually covenanted and agreed by and between the parties hereto, that this agreement shall run with the land, and shall a binding upon the heirs, assigns and successors in interest to all of parties hereto RI ARD G. WARD J V IRA R. ERIT STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the ri FTH day of may, 2007; before me, the undersigned, personally appeared RICHARD G. WARD, personally known to.me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. KARIN L STAI_TER _ Notary Public,State of New York No.4973546 — Qualified in Suffol-k County Not Public Commission Expires October 22,IM Zaiv STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: �Gbrr.4u On the Fi FAN day of may, 2 07, before me, the undersigned, personally appeared JOHN J. VERITY,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and - acknowledged to me that he executed the same in his "capacity, and that by his signature on the . instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Lit, 6111;21A Notary Public KARIN L STALTER Notary Public,State of New York No.4973546 Qualified in Suffoi:c County Commission Expires October 22,11* Zv to R ET03 i 2 NYSBA PRACTICE FORMS 3/03 s SCHEDULE `A' ALL THAT certain plot,piece or parcel of land, situate, lying and being at Southold,in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly side of Old North Road distant westerly 1380 feet,more or less, from the corner formed by the intersection of the westerly side of North Road, C.R. 27 and the southerly side of Old North Road; RUNNING THENCE South 04 degrees 29 minutes 10 seconds West 275.72 feet to land now or formerly of Richard Ward; THENCE North 85 degrees 30 minutes 50 seconds West along said land now or formerly of Richard Ward, 180.65 feet; THENCE North 17 degrees 50 minutes 00 seconds East, 307.82 feet to the southerly side of Old North Road; THENCE South 73 degrees 16 minutes 40 seconds East along the southerly side of Old North Road, 112.13 feet to the point or place of BEGINNING. SUBJECT TO a 20 foot wide right of way for a common driveway over the easterly portion of the premises to the Old North Road for the benefit of the premises immediately to the South. TOGETHER WITH a 20 foot wide right of way over the aforesaid common driveway. f I 5URVE' FOR LOT LINE GHAf1' 51TVATE: 5OUTHOLD N TOWN: 5OUTHOLD 5UFFOLK COUNTY, NY SURVEYED 06703-2005 REVISED II-OI-2005 ' I\ SUFFOLK COUNTY TAX WS S 1000-55-2-5.2 1000-55-2-5.3 Owners: .. .. . Richard G.Ward . . . Sosao G Ward . 440 Old North Road Southold,New York 11971 )V� p S 5,32' ®ad E Oda `y IC, LL 164 \ Mell I; `1 C I a/ i Q oo � 112.3 3' — Tj 0a N °- o Y 62' e .M c _I_ ----- Ho �" : � r / Ie try N /s / LOT Q LOT E= E Nes° u of o= N85°30'50"W I40.00' �' I`30"W 105.1 ° _ 1 T rr c — — —.— — 583°� [INE � IL V N _EXISTING— rRp9ER'>Y' m IU= ° / / -K zQ m z o . n- I &11LDING EN�/ELOP / O J I- O I — e O�; �q O EUILDING ENVELOPE N D i= 0 CO) LLZ U y so Oi10. 3 ° 112.62' i 180.65' N85030'5011W ; - -J a 29 .V' L U °IL °L Land Now or Formerly oF: 6 Richard Ward "^;";•' ''9 J N11000-55-2-s.0 E�L/p 1 NOTES: c�ti o • MONUMENT FOUND SF0 LAN(0) p PIPE FOUND ' OVERALL AREA= 9Ob81 5F OR 2.05 ACRES AREA LOT I BEFORE LINE GHAN6E= 50,523 5F OR I.lb ACRES w,�°.......�....,.. AREA LOT 2 BEFORE LINE GHAN6E= 40,158 5F OR 0.92 ACRES _ AREA LOT I AFTER LINE CHANGE = 48,519 3F OR 1.11 ACRES i; AREA LOT 2 AFTER LINE GHAN6E = 42,162 5F OR 0.91 ACRES _ ? U' ZONING DISTRICT AG-SETBACKS BASED UPON NONGONFORMIN6 LOTS.- JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.No.50202 6RAPHIG SCALE 1"= 50' RIVERHEAD,N.Y.11901 369-8288 Fax 369-8287 REF.Z:\pros\05\05-247.pro STATE OF NEW YORK:COUNTY OF SUFFOLLK) ss: �0 On the day of 07, before me, the undersigned, personally Y appeared KIRA R. VERITY, personally known to me or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _ CONSTANCE.SZYMCZAK NoWry Public,Stat*of New York Notary Public No.w SZ6125616 puaiiW in SuffaikCo18 -- Comtois"Expitp t. COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK r I,JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original Easement RECORDED in my office on ..3 a2�a .Q`7... under LIBER I.PY.V.....PAGE.... .3q..... and,that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand anq affixed the seal of said County and Court on this -r,. �y'. day of...7la��ti..'.........., 20 -07.. 12-0245p.01/07kd CLERK NYSBA PRACTICE FORMS 3/03 RET035 " -e 3 i' j. MAILING ADDRESS: PLANNING BOARD MEMBERS OF SO P.O. Box 1179 JERILYN B.WOODHOUSE ��� Old Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N Town Hall Annex MARTIN H.SIDOR G 54375 State Route 25 GEORGE D.SOLOMON 'mil �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �U01�4` Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2006 Jennifer B. Gould, Esq, P.O. Box 177 Greenport, NY 11944 Re: Lot Line Change for the properties of Richard and Susan Ward The properties are located on the s/s/o Old North Road, approximately 1,380 feet west of North Road in Southold. SCTM#1000-55-2-5.2 & 5.3 Zoning Districts: A-C Dear Ms. Gould: The Southold Town Planning Board, at a meeting held on Monday, November 13, 2006, adopted the following resolutions: The public hearing was closed. WHEREAS, this proposal is to reconfigure the lot lines and reduce the width of the right- of-way do the subdivision map of Vito W. Amari where, following the lot line changes, Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-of-way is reduced to a 20'-wide common driveway to provide access to Lots 2 & 3; and WHEREAS, on June 3, 2005, the applicant submitted an application for a Re- Subdivision (Lot Line Change), including a survey prepared by John C. Ehlers, L.S. dated August 3, 2005 and last revised on November 1, 2005; and WHEREAS, the resulting lot line changes makes both lots non-conforming with respect to lot area and lot width and the existing structure non-conforming with respect to the side yard setback; and i WHEREAS, the Zoning Board of Appeals granted the necessary relief on August 29, 2006 (ZBA File # 5867); and WHEREAS, as a condition of approval, the Zoning Board of Appeals is requiring that the barn that currently exists on Lot 2 shall remain at the present location until such time that a residence is established, at which time the barn must be made to conform to the code; be it therefore Richard & Susan Ward Page Two November 14, 2006 RESOLVED, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, does 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, the Southold Town Planning Board grant conditional final approval on the surveys prepared by John C. Ehlers, L.S. dated August 3, 2005 and last revised on November 1, 2005, subject to the following conditions: 1. Submission of five (5) additional copies of the map. 2. Submission of a draft Declaration of Covenants and Restrictions containing the following clauses: a. The 50'-wide right-of-way shown on the approved subdivision map of Vito W. Amari is reduced to a 20'-wide common driveway over Lot 2. b. Lots 2 & 3 on the subdivision map of Vito W. Amari shall have right of access over the common driveway on Lot 2, as amended by the approved lot line change. c. The barn that currently exists on Lot 2 shall remain at the present location until such time that a residence is established, at which time the barn must be made to conform to the Town Code. 3. 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. Enclosed is a copy of the Negative Declaration for your records. 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 will issue final approval and authorize the Chairperson to endorse the final surveys. Very truly yours, Jerilyn B. Woodhouse Chairperson Enc. MAILING ADDRESS: PLANNING BOARD MEMBLiLo QF S�(��y P.O. Box 1179 JERILYN B.WOODHOUSE ��V'` Ol0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N Town Hall Annex MARTIN H.SIDOR G @ 54375 State Route 25 GEORGE D.SOLOMON 'mil �a�� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND y'roU 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 November 13, 2006 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: Richard and Susan Ward Lot Line Change SCTM#: 1000-55-2-5.2 & 5.3 Location: The property is located on the s/s/o Old North Road, approximately 1,380 feet west of North Road in Southold. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Proposal is to reconfigure the lot lines and reduce the width of the right-of-way on the subdivision map of Vito W. Amari where, following the lot line change, Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right- of-way is reduced to a 20'-wide common driveway. 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. The determination was based upon the following: Richard & Susan War Page Two )vember 13, 2006 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 of erosion, flooding, leaching or drainage problems will occur as a result of this action. This lot line change does not result in an increase in density and therefore in not expected to have any significant environmental impacts. 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, and 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. This proposal merely reconfigures two of the lots on an approved three-lot subdivision. In addition, the 50'-wide right-of-way, which is excessive by today's standards, will be reduced appropriately to a 20'-wide common driveway. 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 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 4006 and 4400 Old North Road, Southold, New York by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on November 13, 2006 Jennifer B. Gould, Esq. Your Name (print) Signature PO Box 988, Southold, NY 11971 Address D to �1 Notary Public MELANIE DOROSKU NOTARY PUBLIC,State of New York No.ol004634870 Qualified in Suffolk County 10 Commission Expires September 30,A PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Thurs., 11/9/06 Re: Proposed Lot Line Change-for Richard & Susan Ward SCTM#: 1000-55-2-5.2 & 5.3 Date of Hearing: Monday, November 13, 2006, 6:15 p.m. M PLANNING BOARD OF` hh TOWN OF SOUTHOLD STATE OF NEW YORK:COUNTY OF SUFFOLK --------------------------------------------------------------x IN THE MATTER OF THE APPLICATION OF AFFIDAVIT OF MAILINGS RICHARD G. WARD AND SUSAN C. WARD CTM PARCELS #55-2-5.2 AND 5.3 -------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) SS: LINDA M. TONYES, residing at 1605 McCann Lane, Greenport, New York, being duly sworn, deposes and says: On the 27u' day of October, 2006, I personally mailed at the United States Post Office in Greenport,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right of way of record surrounding the applicant's property. da M. Tonyes Sworn to before me with day of October,2006 JENNIFER B.GOULD Notary Public,State of New York No.02G05024640-Suffolk County Notarolblic Commission Expires March 14,201,E PLEASE list on the back of this Affidavit or on a sheet of paper the lot numbers next to the owners names and addresses for which notices were mailed. Thank you. SCTM 1000-51-3-2.4 SCTM 1000-55-2-8.8 James H. Duffy and Mary Ann Duffy Joseph Campisi 150 Mount Beulah Avenue PO Box 164 Southold,NY 11971 Southold,NY 11971 SCTM 1000-51-3-3.2 Kevin M. Shannon Katherine A. Shannon PO Box 548 Southold,NY 11971 SCTM 1000-55-2-3 Frank J. Lawrence Patricia Lawrence 3950 Old North Road Southold,NY 11971 SCTM 1000-55-2-4.1 Michael J. Horne 3998 Old North Road Southold,NY 11971 SCTM 1000-55-2-5.1 John J. Verity Kira R. Verity 4004 Old North Road Southold,NY 11971 SCTM 1000-55-2-8.4 Joseph Manduca Nancy Manduca 4710 Old North Road Southold,NY 11971 SCTM 1000-55-2-4.2 Patel Harilal 4002 Old North Road Southold,NY 11971 SCTM 1000-55-2-6 -P jAW tt?e. Joseph G.Nitzberg wa 5 RIM VC-AC�r 151 West 21 sc Street,Apt. #3 New York,NY 10011 SCTM 1000-55-2-8.6 Robert A. Grigonis 4406 Old North Road Southold,NY 11971 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-55-2-5.2 & 5.3; 3. That the property which is the subject of this application is located in the Agricultural-Conservation District A-C Zone; 4. That this proposal is to reconfigure the lot lines and reduce the width of the right- of-way on the subdivision map of Vito W. Amari where, following the lot line change, Lot 1 equals 48,519 s.f., Lot 2 equal 42,262 s.f. and the right-of-way is reduced to a 20'-wide common driveway. The property is located on the s/s/o Old North Road, approximately 1,380 feet w/o North Road in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 13, 2006 at 6:15 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Richard & Susan Ward Date: 10/26/06 . • - • . Postal ■ Complete items ;2 1 ,and 3.Also complete A. Signature i , NCERTIFIED MAIL. RECEIPT itelW41 Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse Im so that we can return the card to you. B. Received by(P to ame) C. Date of Delivery : ■ Attach this card to the back of the mailpiece, or on the front if space permits. 11w11971 D. Is delivery address differenfrom item 1? ❑Yes m 1. Article Addressed to: If YES,enter deliv� a�ds w: ❑No Postage $ 0944 Michael J. Horne o Certified Fee 2 03 3998 Old North Road q C3 Return Receipt Fee Postmark rL (Endorsement Required) Southold, NY 11971 0 �� rL I O Restricted Delivery Fee A (Endorsement Required) 3. Service Type j r UCertified Mail press Mai Total Postage&Fees $ $4,A4 10/27/2006 ❑ Registered ❑-ReturrtReceipt for Merchandise i ❑ Insured Mail ❑C.O.D. , C] Sent To I to Michael J. Horne 4. Restricted Delivery?(Extra Fee) ❑Yes j i N Siree%,Apt No.;................................. -- ---------------------•- - -- or PO Box No. - - - - - - 0_Old-Nort_---Roar------------------------ : 2. Article Number 7006 0100 0006 3516 3462 i cny srate,ZIP+4 Southold, NY 11971 (Transfer from service label l PS Form 3811,February 2004 Domestic Return Receipt to25s5-o2-M-M-1540; r r COMPLETE •N COMPLETE THIS SECTIONON DELIVERY • • j ■ Complete items 1,2,and 3.Also complete A i a re MUM ■ i item 4 if Restricted Delivery is desired. ❑Agent I t11 , ■ Print your name and address on the reverse X ❑Addressee' ■. • so that we can return the card to you. B. R eived by(Printed Name) C. Date of Delivery m ■ Attach this card to the back of the mailpiece, ! ' P 3 = or on the front if space permits. ! ¢ I.;:: l D. Is delivery address ' from item 1? ❑Yes 50 1197 <' 1. Article Addressed to: U1 If YES,enter ive low: ❑No m Postage $ $0.39 0944 y Kevin M. Shannon Certified Fee 17 Q3 � C3 Postmark Katherine A. Shannon N W Return Receipt Fee Here ! PO Box 548 i C3 ReturnRequired) i 4 A Restricted Delivery Fee Southold, NY 11971 3. Service Ty i f-3 (Endorsement Required) rl xiEkCertified ftCr, d Mail C3 Total Postage&Fees $ 10/27/2006 ❑Registered et,im Receipt for Merchandise Ij ❑Insured Mail ❑C.O.D. �� Sent To 4. Restricted Delivery? E] Kevin M: & Katherine A: ry7(Extra Fee) ❑Yes I -- 2. Article Number - - - — j Street,Apt - i O Box 548 ------------ . or PO sox No. ------------------------- ,. (Transfer from service labs 0 0 6 0100 0006 16 3455 City,State,ziP+a Southold, NY 11971 PS For mi381 1-,`Fe6ruaryi2004 .. 4(Domestic Return Receipt 102595-02-M-1540 i ' SECTIONDELIVERY COMPLETE • Postal ■ Complete items 1,2,and 3.Also complete A. Sign re ■ item 4 if Restricted Delivery is desired. X ❑Agent i rageProvide ■ Print your name and address on the reverse {-_w '—El Addressee U1 (Domestic. Only; so that we can return the card to,you. B. ceived by(Printed Nam + C Hof Delivery j ■ Attach this card to the back of the mailpiece, R or on the front if space permits. l �w. D. Is delivery address di r°e from ite�i? ❑ 1. Article Addressed to: Postaget$1.85 0944 If YES,enter delivery ddr ss be1 ❑ m Certified Fee Frank J. Lawrence ",� �o� 03 Postmark Patricia Lawrence `I Return Receipt FeeHere {Endorsement Required)3950 Old North Road o Restricted Delivery FeeSouthold, NY 11971 � (Endorsement Required)3. Service TypeX3 Certified Mail ❑Express Mail Total Postage&Fees 10/27/2006 ❑Registered 0 Return Receipt for Merchandise ! Insured Mail El C.O.D. p Sent To El InsuredFrank J. and Patricia Lawrence----------------- 4. Restricted Delivery?(Extra Fee) ❑Yes C`• Street,Apt.No.; 3950 Old North Road or PO Box No. - 2. Article Number 7006 0 810 0003 68 81 5 3 8 6 City State,ziP+a' -ld----._ ^ d `---------- - (Transfer from service labe Southold, NY 119 71 , 011 ; PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 - -- L ■ • SENDER: SECTION ® • • DELIVERY �+ p , MAILT ■ ■ o ; ■ Complete items 1,2,and 3.Also complete A. Sit (DoIrlestic.Alaff Only; item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee ra .. n so that we can return the card to you. r"`_� 's4 �:, t }� , B. Received by(Printed Name) Date of Delive ecI HOE In19 p k, l ■ Attach this card to the back of the mailpiece, 1/0 ,31) � 1 or on the front if space permits. Postage $ Article Addressed to: 1.$0.39 0944 D. Is delivery address different from item 1? El Yes m I If YES,enter delivery address below: ❑No Certified Fee C3 $ '40 03 Postmark Patel Harilal C3 Return Receipt Fee (EndorsementRequred) Here I 4002 Old North Road C3 Restricted Delivery Fee Southold, NY 11971 rl (Endorsement Required) co Q Total Postage&Fees $ pQQ6 10/ / 3. Service Type XOPIvertified Mail ❑Express Mail o SenfTo Patel Harilal = ❑Registered ElReturn Receipt for Merchandise L7 ❑ Insured Mail ❑C.O.D. 1`- Street,Apt.No.; 4002 Old North Road or PO Box No. 4. Restricted Delivery?(Extra Fee) ❑Yes I cry staie,zita' •Sou t hold, •NY- -•11971 2.•-; ! 2. Article Number .�� junei �� Reverse2, See 7006 0810 0003 6881 5409 PS Form' (Transfer from sE Form 3811 `February0004 i ' Domestic?Return Receipt 102595-02-M-1540 SENDER: COMPLETE THI&SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatur • item 4 if Restricted Delivery is desired. ❑Agent i X d ■ Print your name and address on the reverse /�� ❑Addressee �- •° • so that we can return the card to you. eceived by(Printed ame) C. Date of Delivery Lr1 ° .•. ■ Attach this card to the back of the mailpiece, , or on the front if space permits. I s s , D. Is delivery address different fro Yes f ea011I a; I: 1. Article Addressed to: If YES,enter delivery addrr sal A " Postage $ �' , f7l $0.39 0944 Robert A. Grigonis (A' � -a I E3 Certified Fee 3 0 4406 Old North Road O J' Return Receipt Fee $" 40 03 (Endorsement Required) Postmark Southold, NY 11971 ^ IO $1,$g Here 3. Service Type i I rf (ndorsemennDelivery red) 0. Certified Mail ❑Express 11 ii C3 ElRegistered ❑Return Receipt for Merchandise ' Total Postage&Fees ❑Insured Mail ❑C.O.D. p Sent To 10/27/2006 4. Restricted Delivery?(Extra Fee) ❑Yes 3 Robert A. Grigonis _ -- Street,Apt No---------- - 2. Article Number - - or PoeoxA/o. 4406 Old North Road (Transfer,fromservlce . 7006 0810 0003 6881 5430 - City,State,Z/P+4 .............. ------------------------------------ Southold, PS Form 381'11,`Feb'ruary 2004 ' Domestic Return Receipt 102595-02-M-1540, NY 11971 . • FIED RECEIPT 'U e SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY (Do ° • No Insurance Coverage ■ Complete items 1,2,and 3.Also ricted De complete A. Signature I item 4 if Restricted is desired. • El Agent Provide i i ■ Print your name and address on the reverse /��❑Addressee CO sr ltio �,� so that we can return the card to you. B v nted S tie of Relive m11 � ■ Attach this card to the back of the mailpiece, /� d Delivery or on the front if space permits. v Postage $ M 1 Article Addressed to: $0.39 0944 j D. Is delivery address d' nt from itft 1? Y' a . M Certified Fee �' If YES,enter delive ress e�81 w: N C3 $2.40 03 e O Return Receipt Fee Postmark Joseph Campisi Q O (Endorsement Required) $1.85 Here PO BOX 164 t� r rf Restricted Delivery Fee Southold, NY 11971 (Endorsement Required) $0.00 d Total Postage&Fees $4 3. Service Type .� .64 10/27/200G i O Sent To X�Certified Mail ❑Express Mail . Joseph Campisl - - for Merchandise ❑Registered ❑Return Receipt --^" - __ ❑Insured Mail ❑C.O.D. Street,Apt No.; - - -POBox No. PO BOX 164 - I � City Sfate,Z/P+4 hOld- Restricted Delivery?(Extra Fee) ❑Yes ----•---- --- S011t NY 11971 ' � i 2. Article Number 1 (Transfer from'servlce'latielJ� { 7 p p'6 t 0 816 010 0'3 6:8 81 54 2 3 PS Form 381.1: :F,. .ebruary2004 f i ;Domestic Return Receipt 102595-02-M-1540" • • • •ELIVERY COMPLETE • 1 A. Signature ❑Agent I Postal ■ Complete items 1,2,and 3.Also complete mCERTIFIED MAILT. RECEIPT item 4 if Restricted Delivery is desired. 1 : ` Addressee p ■ Print your name and address on the reverse m (Domestic • Provided) so that we can return the card to you. B. Received by(Printed Name) C.�D �,f eljvery ■ Attach this card to the back of the mailpiece, ' 'V f�'" V 6 r ' rrmation ' or on the front if space permits. D. Is delivery address different from item 1? ❑Yes co co SC�i- Of �(�1��� � � � # 1. Article Addressed to: If YES,enter delivery address below: ❑No -11 Postage $ $0.39 ' 0944 M Joseph Manduca ! d Certified Fee $2,L0 03 Nancy Manduca d Postmark �p Return Receipt Fee Here 4710 Old North Road (Endorsement Required) $1.85 NY 11971 � Restricted Delivery Fee Southold, 3. Service Type ico r R (Endorsement Required) $0.00 XE=ertified Mail ❑Express Mail El Registered ❑Return Receipt for Merchandise Total Postage&Fees $4.64 10/27/200b ❑Insured Mail ❑C.O.D. .-0 ra Fee ❑Yes 0 Sent To 4. Restricted Delivery?(Ext _ ) _- _ C3 Joseph Manduca and Nancy Manduca - 5 3 9 3 - ------------------------------------------------------- ---------------------------- 6 8 81 street,Apr.No.; 7006 081 1 0003 or PO Box No. 4710 Old North Road 2. Article Number - - - ' - - (fransferfromservlcelaben crty,staee,zlP+a Southold NY 11971 102595-02-M-1540 omestib Return Receipt PS Form 3811�,February;?004 D.• . . - PS For2002m 38Q6, _ See Reverse for Instructions , Postal. COMPLETE •N COMPLETE THIS SECTIONOCERTIFIED MAILTm RECEIPT N DE&VERY. .t- (Domestic Mail Only; ■ Complete items 1,2,and 3.Also complete A. Signs r Lrl ; item 4 if Restricted Delivery is desired. ;'` ❑Agent , ti ■ Print your name and address on the reverse 411 / ❑Addressee you. y so that we can return the card to `D Sr3 lOL1�' 11�7 �� B. Received by(Printed m C. Dat of D livery co - ■ Attach this card to the back of the Tnailpiece, Postage $ $0.39 0944 or on the front if space permits. D. Is delivery addres iff nt from Item 1? Y m 1. Article Addressed to: C3 Certified Fee s 03 If YES,enter delivery address below: ❑No C3 t' Postmark C3 Return Receipt Fee Here James H. Duffy (Endorsement Required) $1.85 y Restricted Delivery Fee Mary Ann Duffy � (Endorsement Required) $0.00. ' 150 Mount _ Bdaah Avenue Cl Total Postage&Fees $ $4. 10/27/2006 Southold, NY 11971 3.".Service Type 30 Certified Mail ❑Express Mail ,o Sent To James H. Duffy and- Mary Ann Duff r-3 j ❑Registered ❑Return Receipt for Merchandise -------------- - Street Apr.No.; ❑Insured Mail El C.O.D. or PO Box No. 150 Mount Beulah Avenue ------------ - -- - ........-------------------- 4. Restricted Delivery?(Extra Fee) ❑Yes ary,srare,ziP+a Southold, NY 11971 3 2. Article Number 7006 0810 0003 6881 5416 i TPS Form 3800, r _i I (Transfer from service lal PS Form 3$1;1, February 2004 " Domestic Return Receipt 102595-02-M-1540 I i United States Postal Service Today's Datp Sender's Name Sorry We Missed You!We'-&Deliver for You �/ I 1— Item is at: Available for Pick-up After We will redeliveror Postal Service"r. Post Office(See back) • • • CERTIFIED MAILT,, ,RECEIPT N _ Date: Time: (Domestic Mail Only; ' p n checked,you or your agent must be present U1 , otter For Delivery: (Enter total numberof hems at time of delivery to sign for Item ' delivered byservioe type) r La rge e, For Notice Left: (Checkapplicableltem) Article Number(s) p w magazine, Express Mail(we will —Registered I W catalog,etc. — P g sj i+,Z .� Postage $ 0944 � —Parcel attempt to deUveren the { next dellmy day unless —Insured �i rrl Certified Fee _Restricted youinabuctthepost �� Q �p 03 Postmark r Rice to hold it) Return Receipt p Delivery �e _for Merchandise C3 Return Receipt Fee Here Perishable — Certified Delivery (Endorsement Required) Item [7 Restricted Delivery Fee — Recorded —Congnnatton • • ,q (Endorsement Required) Other. Delivery Signature ell'Name and Address c0 _ Finn gip --Confirmation o Total Postage&Fees $ 10/27/2M Article Requiring Payment AmounT e fi ❑Postage Due [I COD ❑ oms $ �/� wit O Sent To o Joseph G.•Nitzberg M ___________ Delivered By and Date -••- Ei Final Notice: Article ill r� Street Apt No.; 151 West 21 s t S t 3 be returned to sender on or PO Box No. „_.._- PS Form3849,November1999 Delivery Notloe/Reminder/Recelpt I City State,ZIP+4 New York, NY 10011 Postal Q' CERTIFIED MAIL- RECEIPT (Domestic Mail only;1 L0 m Postage $ $0.39 0944 "D Certified Fee O $2.40 03 Postmark l3 Return Receipt Fee Here (Endorsement Required) $1.85 � Restricted Delivery Fee O (Endorsement Required) $0.00 C3 Total Postage&Fees $ 10/27/20M .0 O Sent To o John J. Verity & Kira R. Verity ` ... ... F Iti Street Apt.No.; ' orPosoxNo. 40.0__4. Old North Road ____.________--__ Clty,State,ZIP+4" - --------------------- Southold NY 11971 State of New York. Suffolk County Tax Map Number 1000-113-7-1.1. 6:05 p.m. Proposed standard subdivi- sion for Old Orchard at.Cutchogue,lo 11 - I cated on the n/w corner of New Suffolk I Road and Cedars Road in Cutchogue, I Town of Southold, County of Suffolk,' State of New York. Suffolk County Tax Map Number 1000-109-6-9.1: 6:10 p.m.Proposed amended site plan for North Fork Custom Audio Video,lo- cated on the n/s/o New York State Road !25 approximately 4,755' e/o Aldrich Lane:in Mattituck;Town of Southold, County of Suffolk,"State of New York. Suffolk County Tax Map Number 1000-, I125-1-19.7. 6.15 p.m. Proposed lot line change for Richard&Susan Ward,located on the s/s/o Old North Road,approximately 1,380 feet w%o North•Road.in Southold; Town of Southold, County of Suffolk; State of New York. Suffolk County Tax! Map Numbers 1000-55-2-5.2.&5.3. 6:20 p.m. Proposed standard subdi vision'for Southview Preserve,locatedi on the s/s/o Main Bayview Road, ap proximately 900' e/o Cedar Drive in, Southold, Town of Southold, County. of Suffolk,State of New York. Suffolk County Tax Map Numbers 87-5-21.4,87- 5-21.7-21.10. 6:25 p.m.Proposed conservation sub- division for Orchard Street Farm,located! on the n/w corner of King Street and Oldl _ Farm Road and the s/s/o Orchard Street! LEGAL NOTICE in Orient, Town of Southold, County'i Notice of Public Hearing of Suffolk,State of New York. Suffolk) NOTICE IS HEREBY GIVEN that, County Tax Map Number 25.4-11.8. ' pursuant to Section 276 of the Town 6:30 p.m. Proposed amended site Law and Article XXV of the Code of the plan for Cutchogue/New Suffolk Free• Town of Southold,a public hearing will Library,located on the s/e corner of Newl be held by the Southold Town Planning York State Route 25 and Case's Lane in Board, at the Town Hall;Main Road, Cutchogue,Town of Southold, County Southold,New York on the 13th day of of Suffolk,State of New York. Suffolk November,2006 on the question of the County Tax Map Number 109-6-2.2. . following: Dated: 10/31/06 6-00 p.m. Proposed standard subdi- BY ORDER OF THE SOUTHOLD 'vision for Bennett Brokaw,located on TOWN PLANNING BOARD the s/s/o Bergen Avenue approximately Jerilyn B.Woodhouse 1,299'w/o Cox Neck Road in Mattituck, Chairperson Town of Southold, County of Suffolk, 8089-1T 11/2 Revisions 06-11-96 12-06=96 N 315.600 06"06-97 01-09-96 -t i 2-O2.99 oi NORTH cj 03-25-02 )6-29-02 RD. )5-07=03 06-10-01 25.1 3 5.325.4 08-21_Oi 2.2A(ci 2('c I 6 0 26 05 2-OA QO 8.4 P, 3.OA 5.2 20. _.? .2� 3.2 4.2 5.1 25.5 InA 2.2A 8.8 8.6 2.DA 3.4 1.8A(c) .2. T011 8.9 2.OA 6.5 1. 8.10 2.2A 25.3A(C) -D 2.4.2 1n W .............. 5.1 6 5.1A 2.2 31.4A 2.3 MATCH SEE SEC.No.063 L Prop-rty or AN um t.1 5[6W01-11 Ulm ICH 41-'0'­"' H llJLESS DRAW OTHERWISE, kLtllvialen O ARE WITHIN THE FOLLOW E D_u,c-m,, Stdl,i,l,n 81,a/Eldg.No. Block No. SCHOOL 5 S,*ER ­r Dlwlcl th, floe HST rlpE LIGHT 47 CATER S-1 Dl­lo, C-Y 11' Ught Di,tri-i Unt --L- Ol'i'm tf. REFUSI 12.1 A(d) r 12JA T­ Pak No".lln _-p- 1PBUL"'CE IASTF D 23 Deed I... S evfsions ' 04-22-98 09-I5-90 03-23-9 05-11.9 04-10-01 N719700 07.02-01 03-19-02 05-16-0 OD-25-O4 I I-10-O4 03-20-0 06-22-0 7-20-0 09-15-0 01-27-06 SEE SEC.NO.130 LONG W "SNOftEUNw ,sx. SHORELINE P TO ti e 14 ` 16 11 1 1.OA(c) zt ezz.1 Pzz.z 15 Fn 01 1 K' 2 e e 13 Se 0 29 ;O 1VA W A VE. 5.1 '��L s r 1gPLc1 . ss s nl s Y » nl 5 3.1 5 ��cl 0 nl 3.15 d 1�A 1.16 un 3.1h'x 3 iJ n BUR 3.14 c GAND 2 x Y CT.x LSD•)� 2 1 "s 6P � �� 2• , 3.11 -Q 3.3 ies m 5.2A(c) , = In, n21 nn 3.4 u, c 4.10 n 3.15 J L5 - ao 3.10 s t•4A" .3A1c1 3.5 s '1 „y OR. lt5O'1 6 O ,,, 'CNAROONNA „a 4.9 a 8 5 8.6 3.20 22.0A .ON :sl 2;3A sP ACE e, TOWN OF SOUTHOLD xcs LppEN / (DEVELOPMENT RIGHTS) 8.2 � I.. 3.0A 4.1 o2.11 xo, MAIc) 8.5 H q.6 lu N w a 1.SA 4 1.OA " 3,9 u 2.6 3.5 1.6A(c) 2.5 m •2 3.1 2.5 - 1.SA(c) 2.OA yy(✓`yF �, 9 nl N 1 DP nl ya �s4fc �,d, 27 Ro. NORTH sD, N 714 900 • _N___ -LESS OR AMN OTHERt ISE, L Pr....1,or Rx line Sbdivlsion lot No. NH Bb k LIN1 SftN DI-11I Line --SGH 111—0l 11"line -- ARE WITHIN THE FOLL E cerot eeumn u.,,r, -- Ybmvislen 1I.k1ndq.N.. (211 Ell No. O Lire -I,line --F-- Reidse 11,1110 Llre --R- SCHOOL 5 SE' N NST-- 'RE 2B N`E C Sbdlvision lol line ---�- Deed Dimension tx xatcr Diztricl lfn_ --W-- s,a-Icd0ls,rict 0- _ LICNi 47 v i E =--- ea Dlm-�mn ea. c_"lln.. �- Llryn,pls,rLt Line --E-- AmEWnea Ols,rl<f Llne--A--- PARK l0 REF N s,r-2 ma. - xm_ .,,L,,, --- o Ir, --'-- eae.a,er o.,.n.r lr.� Al.eUla .. 27 ed Area 12.1 A(d) or 12.1A r.V�r�re:L +eE prael W. 12.1 nlel �---- -- -- MAILING ADDRESS: PLANNING BOARD MEMBER'' __ OF so P.O. Box 1179 JERILYN B.WOODHOUSE �V� y�1 Southold;NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G ,n � � 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OWN, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 2006 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: Richard and Susan Ward Lot Line Change SCTM#1000-55-2-5.2 & 5.3 Dear Ms. Gould: The final public hearing regarding the maps for the above-referenced lot line modification has been scheduled for Monday, November 13, 2006, at 6:15 p.m. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Thursday, November 9, 2006. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Sin, rely Anthony . Trezza Senior Planner Encs. e 5. I' Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-55-2-5.2 & 5.3; 3. That the property which is the subject of this application is located in the Agricultural-Conservation District A-C Zone; 4. That this proposal is to reconfigure the lot lines and reduce the width of the right- of-way on the subdivision map of Vito W. Amari where, following the lot line change, Lot 1 equals 48,519 s.f., Lot 2 equal 42,262 s.f. and the right-of-way is reduced to a 20'-wide common driveway. The property is located on the s/s/o Old North Road, approximately 1,380 feet w/o North Road in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 13, 2006 at 6:15 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Richard & Susan Ward Date: 10/26/06 1 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Thurs., 11/9/06 **************************************************************************************************** Re: Proposed Lot Line Change for Richard & Susan Ward SCTM#: 1000-55-2-5.2 & 5.3 Date of Hearing: Monday, November 13, 2006, 6:15 p.m. R,ICHARD AND SUSAN WARD LOT LINE CHANGE 1 000 -55 -2 -5 . 2 & 5m3 Proposal is to reconfigure the lot lines where Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-of-way is reduced to a 20'-wide common driveway. MONDAY, NOVEMBER 13 , 2006 - 6 : 15 P . M . APPEALS BOARD MEMBERS V soar Mailing;Address: Y-!� Ruth D. Oliva, Chairwoman �� yplO Southold Town Hall Gerard P. Goehringer 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio, Jr. G Q Office Location: Michael A. Simon �pl �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��ou ,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD tf Tel. (631)765-1809•Fax(631)765-9064 E C � E FINDINGS, DELIBERATIONS AND DETERMINATIO ; AUG 3 0 2006 MEETING OF JUNE 8, 2006 � ZB File No. 5867— RICHARD G. and SUSAN C. WARD ,utilo N Ono Property Location: 4006 Old North Road, Southold CTM 55-2- SEQRA DETERMINATION: The Zoning Board of Appea s as vis fet ":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, as submitted, without further SEQRA steps. BASIS OF APPLICATION: Zoning Code Section 100-32 (ref. Section 100-244 Bulk Schedule), based on the Building Inspector's July 5, 2005 Notice of Disapproval, amended March 2, 2006, for lot sizes and side yard setback of the existing dwelling resulting from a proposed change of lot lines (re-division of existing Lots 1 and 2). Each lot will remain nonconforming with less than 80,000 square feet of land area and less than 175 feet of lot width, and the side yard will be less than 20 feet from the existing dwelling from the revised lot line. . FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, .2006, 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: The applicants request variances related to a change of lot lines between two parcels. The area of Lot 1 before the lot line change is 50,523 square feet, and the applicants propose 48,519 square feet. The area of Lot 2 before the lot line change is 48,519 square feet, and the applicants proposed 42,162 square feet. The lot sizes in the Agricultural-Conservation Zone District are required to be a minimum of 80,000 square feet. With the change of lot line for the existing parcels, the side yard setback for the dwelling on Lot 1 will become nonconforming at 15 feet instead of the code-required 20 feet. The lot width for Lot 2 will measure 112.13 feet along Old North Road, instead of the code required 175 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—June 8,2006 ZB File No. 5867—R. and S.Ward CTM Parcels 55-2-5.2,55-2-4.3 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot line change the applicant is requesting will not result in anymore density than is already allowed under the zoning code. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because both lots are existing and already non- conforming in an Agricultural-Conservation Zone District. 3. The relief requested is not substantial. No increase of nonconforming lots are being created by this lot line change. 4. The difficulty has been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of altered lot sizes with a lot line change, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. ' RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to Grant the area variances pertaining to the requested lot line change, as applied for and subject to the following Condition: That the barn that currently exists on Lot 2 shall remain at the present location until such time that a residence in established, at which time the barn must be made to conform to the code. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva 8/,T-� /06 Approved for Filing MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE O�*OF SO(/ryOl Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Oly ,\ Southold, NY Cowl Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ruth Oliva, Chairperson Zoning Board of Appeals From: Jerilyn B.Woodhouse, Chairperson Planning Board Date: April 19,2006 Re: Request for comments on Richard and Susan Ward SCTM# 1000-55-2-5.2&5.3 ZBA Application#5867 In response to your request for comments, the Planning Board reviewed the.Zoning Board of Appeals application for the above referenced-property and offers the following comments and/or recommendations at this time. The proposed action involves reconfiguring two lots in a three-lot subdivision approved by the Southold Town Planning Board on March 12, 1975 (Map of Vito W. Amari). The new lot configuration makes Lots 1 and 2 nonconforming with respect to.lot area and lot width, and results in an insufficient side yard setback of 15.2' for the existing residence. Accordingly,the property owner is seeking relief from the Zoning Board of Appeals. While the lot area variances being sought are substantial, the Planning Board has no objections to this application as there is no proposed change in density. In addition,the resulting lot configuration allows for more sensible building envelopes with a 2❑d lot having direct road frontage along Old North Road. This proposal also eliminates the'50' wide right-of-way and replaces it with a 20'-wide common driveway,which is more than sufficient to serve two lots. In making a determination,the ZBA should consider the following: 1. The new lot configuration results in the existing barn being located on a parcel that is not improved with a primary structure. It is the Planning Board's understanding that the barn is to be removed. If this is the case,the Planning Board will condition their approval of the lot line change on the removal of the barn. If the barn is to remain, the ZBA should get an interpretation from the Building Department as to whether additional relief will be required. .If you have any questions or need additional information,please feel free to contact this office. APPEALS BOARD MEMBERS *OF Svc y Mailing Address: V< Ruth D. Oliva, Chairwoman �� rQ 1 Southold Town Hall /-VT h O 53095 Main Road•P.O.Box 1179 �� Gerard P. Goehringer Southold,NY 11971-0959 1" James Dinizio,Jr. Office Location: Michael A. Simon Old ^�aQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman C�(f(�,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 TOWN MEMO '"= TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwomanr- DATE: March 30, 2006 MAR 3 2 y V SUBJECT: Request for Comments ----- _mow Our Department has received and is reviewing the f off Tw-(-A p�ife'ation, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the lot line change in the AC Zone. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Ward, 55.-2-5.2 5867 3/2/06 Lot line change 11/01/05 John C. Richard & and 5.3/ Ehlers Land Susan AC Surveyor Your comments are appreciated by 04/20/06, if possible. Thank you. Encls. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 5, 2005 AMENDED: July 26, 2005 RENEWED: December 2, 2005 RENEWED/AMENDED: March 2, 2006 TO: Jennifer Gould A/C Ward PO Box 177 Greenport,NY 11944 Please take notice that your application dated July 5, 2005 For a permit for a lot line change at Location of property 4006 Old North Road, Southold,NY County Tax Map No. 1000 - Section 55 Block 2 Lot 5.2 &5.3 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III, Section 100-32, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC,R-80, R-120, R-200 and R-400 Districts 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 minimum lot width required in the Residential AC District, according to the bulk schedule, is 175 feet, and a total lot size of 80,000 square feet. Following the proposed lot line change,both lots will measure+/- 112 feet in width at their smallest point and 48,522 square feet and 42,160 square feet respectively. In addition,the proposed lot line change will result in an insufficient side yard setback pursuant to bulk schedule, which states that such parcels require a single side yard setback of 20 feet. Following the proposed lot line chanze, the existing dwelling will have a single side yard setback of 15.2 feet. Although the survey shows only one tax map number for the property, a subdivision has been approved for the parcel and is shown as lot 1 and lot 2. This Notice of Disapproval was amended on July 26, 2005 to correct errors and make clarifications. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only y Fee:$ Filed By: Date Assigned/Assignment No. b31, Office Notes: 4006 & 4400 Parcel Location: House No. Street Old North Rd. Hamlet Southold 40,158-5.2; 50,523 sf-5.3 SCTM 1000 Section 55 Block 2 Lot(s)5.2&5 Lot Size Zone District AC / I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 2, 2005 renewed and updated March 2, 2006 Applicant/Owner(s): Richard G. Ward (lot 5.2); Susan C. Ward (lot 5.3) Richard G. Ward, 1500 Lakeland Ave., Bohemia, NY 11716 Mailing Susan C. Ward, 4400 Old North Rd., Southold, NY 11971 Address: Telephone 631-563-4800; SCW 631-765-2326 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: not applicable Address: Telephone: Please specify who you wish correspondence tb be mailed to,froln the above listed names: kxApplicant/Owner(s) ❑Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION-DATED FOR: ❑ Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction f� Other: permi fi for lot line chancre Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100-32 Subsection lot size & width and side yard setback of existing we ling (lot 5.3 proposed lot on a ached survey will be 15.2 Type of Appeal. An Appeal is made for: feet,rather than code requirement of 20 feet. _ 1�A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑ has 9 has not been made with respect to this property UNDER Appeal No. Year x l Varian application of Richard G. Ward Susan C. Ward continued Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: the proposed lot line change is not creating an additional lot, rather it will preserve the present landscaping lawn and existing line of trees on proposed lot 1 (Susan Ward lot. . It will also maRai((n the (2) The benefit sought by the applicant CANNOT be achieved by some method feaATe for the applicant to pursue, other than an area variance, because: these lots were created in 1975 when the property was zoned one acre. See attached subdivision map of Vito Amari approved 3/12/1975 by the Southold Town Planning Board. The purpose of this application (3) The amount of relief requested is not substantial because: (over) it is not creating any additional building lots; and it will increase the proposed lot 2 (Richard Ward lot) from 40,158 sf to 42, 162 sf, making it more conforming. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: it will preserve existing natural wood barriers and existing landscaping. It will maintain the open.view scape of Susan Ward's (5) Has the variance been self-created? ( ) Yes, or ( x) No. If not, is the cdnstruction(ovfv) existing, as built? ( } Yes, or ( ) No. This existing 3 lot minor subdivision was by the Southold Planning Board in 1975. All 3 lots are one acre in size or larger, tonal information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) 2 will be removed at the 'issued. The Town Code allows a barn to stand alone in an AC Zone -see Section 100-31 (a). This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects . the character of the neighborhood and the health, community. safety, and welfare of the ( ) Check this box and complete PA ; uestions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorne . ) Otherw e e notary area below ro d to the sigtnature and Sworn to before me this 0 c7+�t a3� Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) day of .Rer le . ., 2006. Richard G ard. (sow) ( tary Public) MJENNFER 0.COULD C. Ward ZBA App 950/02 G.Public,State of New YortkN Expires Marcb County Comaaisslao Expires Marcb 14,20 �F ► � KARIN L STALTER Notary Public,State of New York No.4973546 Qualified in Suffolk County . Commission Expires October 22,IM Zo-G 1 . cont'd. natural wood barrier that exists at the rear of each proposed lot. See survey by Peconic Surveyoers last dated June 29, .2004 for location of woods at the rear of the proposed lots. These woods also provide a privacy barrier for adjacent neighbors. 2. is to create a building envelope on the proposed lot 2 (Richard WArd lot) which will least impact the existing dwellings on lot 5.1 (Verity lot) and lot 5.3 (Susan Ward lot) and the two residences immediately west of the "Ward" (formerly known as Amari property) properties. 4. existing dwelling viewing it from the Old North Road. There will be no additional curb cut from the Old North Road to the proposed lot 2 (Richard Ward lot) since access to proposed lot 2 will be from a proposed 20 foot common driveway. The proposed 20 foot common driveway constitutes a reduction of the 50 foot right of way that presently provides access for lots. 5,1 and 5.2 to the Old North Road. By reducing the size of the.present right of way and reconfiguring the dimensions of the proposed lot 2 (Richard WArd lot) , more open space will be preserved and the eventual development of Richard Ward's lot 2 will have less impact on the immediate neighbors and overall neighborhood. rr S fry., R �. ram' �� �,�� r� �, ��� �, �, q�N ,�, yR � `T � - •'� .t R t - r p � j � R % R ' �� CI44 R h �\ / • .. Y y e, ;' Ill - x '�, �'.• � ': � - .''.t . I4 • � zt w� � � �i r4 •t,7k ♦ �+1y .i 1� ��.. ,k' _µ� 'tip � • ra u, 6_.I_1-9 MATCH LIME + 12-06-96 N 715600 ery 06_06-9 47 W 1-09-9 - 1.6A(c) nr APCL.N0. 12-02-9 :E SEC.NO. 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(21) ,»s 2 RrA NAfrkt Llro -F-- -oM69Nt Um --R SCHOOL 5 SEWER WW^ MAINTENANCE,ALTERATION,SALE OR � Real Property Tax Service Agency Y 055 G _____ v - DISTRIBUTION OF ANY PORTION OF THE bz- m O50 O55 os6 YLLA(E 6F coal.»kn uro pee4 DeW�WIm .Wry art,kt Lw -.-- 1EAIstdWtrkt 4r -MST-- FIRE za HYDRANT ne County Center Riverhead,N Y 11901 E .�,��_ „• -ty La-s �- _ LIGHT 43 WATER SLFFOLK COUNTY TAX MAP IS PROHIBIT EC AI SIT-l Sl,re Scales Okermlm LqW BAfrkt lkn -L-- AA61bWA Nafrkt llro--A-- SCALE IN FEET: N T-Dne --- --P-- WaateAWler dxtrkt Um-WW�' AMBULANCE TO REFUSE ATER REAL 1T WRITTEN PERMISSION OF THE �891 g0�.� i00 0 ]00 P 099 063 066 OI$TRCT NO loon p Pmdw. 27 ~ osm Areal 12.1 A(d) or 12.SA --_- PQa M.frkt uro REAL PROPERTY TAX SERVICE AGENCY. PROPERTY MAP Cd.&M AmII 12.1 A(C) V1°'0°L'"' SAN,III U. --S-_ CONVERSION DATE: Aeo-.4 1997 AT Submission Without a Cover Letter Sender: Subject: W P"'G SCTM#: 1000 - Date: '2s o Comments: `, dawn t 5o�+t`�a1d Board RICHARD G. WARD 1500 Lakeland Avenue Bohemia,NY 11716 631-563-4800 r � f�Tb February 28, 200 , Southold Town Board of Appeals MAR - 6 2006 PO Box 1179 Southold,NY 11971 Southard Town RE: Richard G. Ward (RGWI and Susan G. Ward(SGW)Area Variance Application—-- required for Lot Line Chance' Premises: 4006 (RGW) & 4400 (SCW) Old North Road, Southold,NY`11971� SCTM#'s 1000-55-2-5.2 (vacant lot-RGW) & 5.3 (single family dwelling-SGW) Dear Members of the Board: In connection with the above-referenced application, enclosed please find my check in the amount of$600.00,payable to the Southold Town Clerk, along with the original and six (6) copies of the following documents: 1. Application for Area Variance with Project Description& Transactional disclosure forms (2); 2. Notice of Disapproval dated 7/5/05; amended 7/26/05;and renewed 12/2/05; facsimile from Anthony Trezza, Senior Planner, dated 7/26/2005 regarding Ward Lot Line Change; letter to Planning Board dated 7/13/05; and Southold Town Building Permit Application dated 6/23/05; 3. Southold Town Property Cards for SCTM#'s 1000-55-2-5_2 & 5.3; 4. Survey for Lot Line Change Prepared by John C. Ehlers Land Surveyor dated 8/3/05 and last revised 11/01105; 5. Survey for Lot Line Change Prepared by John T. Metzger dated 11/30/98 last revised 6/29/2004 for lot line change-depicts tree lines-and edge of woods on premises; and 6. Subdivision Map of Land made for Vito W. Amari approved by John Wickham, `Planning Board Chairman, dated 3/12/75. Should you require any further information,prior to scheduling a hearing-G. t application,please do not hesitate to contact me. � e truly yours �] Richard G. Ward Enclosure cc: Anthony Trezza, Senior Planner `; _. • A t ' APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:S Filed By: ` Date Assigned/Assignment No, Office Notes: 4006 & 4400 Parcel Location: House No. Street Old North Rd. Hamlet Southold 40,158-5.2; 50,523 sf-5.3 SCTM 1000 Section 55 Block 2 Lot(s)5.2&5.Lot Size Zone District AC I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 2, 2005 renewed and updated March 2, 2006 Applicant/Owner(s): Richard G. Ward (lot 5.2); Susan C. Ward (lot 5.3) Richard G. Ward, 1500 Lakeland Ave., Bohemia, NY 11716 Mailing Susan C. Ward, 4400 Old North Rd., Southold, NY 11971 Address: Telephone 631-563-4800; SCW 631-765-2326 NOTE: If applicant is not the owner,state if applicant is owner's a Ito rneY,a gen ' �teKf��b '1'er �4gtttierl�.�reiid�'e";re�t+'��t�'-,Gw7i, Authorized Representative: not applicable .., i Address: Telephone: - 9w Please specify who you wish correspondence tb be mailed to fro n th above sL.names; k4KApplicant/.Owner(s) ❑ Authorized Representative 'i❑ ther: Southala jonn a r.r WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ��- �.- --;�•.�- ❑ Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: perm;t for 1Qt line ne chancre Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100-32 Subsection lot size & width and side yard setback of existing dwe ing (lot 5.3T proposed lot 1 on -alUached survey will be 15.2 Type of Appeal. An Appeal is made for: feet rather than code requirement of 20 feet. _ q A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑ has A has not been made with respect to this property UNDER.Appeal No. Year x rVarian, application of Richard G. War(" Susan C. Ward continued Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: the proposed lot line change is not creating an additional lot, rather it will preserve the present landscaping lawn and existing line of trees on proposed lot 1 (Susan Ward lot. It will also ;amain the (2) The benefit sought by the applicant CANNOT be achieved by some method feaA?e for the applicant to pursue, other than an area variance, because: these lots were created in 1975 when the property was zoned one acre. See attached subdivision map of Vito Amari approved 3/12/1975 by the Southold Town Planning Board. The purpose of this application (3) The amount of relief requested is not substantial because: (over) it is not creating any additional building lots; and it will increase the proposed lot 2 (Richard Ward lot) from 40,158 sf to 42, 162 sf, making it more conforming. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: it will preserve existing natural wood barriers and existing landscaping. It will maintain the open view scape of Susan Ward's (5) Has the variance been self-created? ( ) Yes, or ( x) No. If not, is the cdnstruction(ovfv) existing, as built? ( ) Yes, or ( ) No. This existing 3 lot minor subdivision was ova�� b the Southold PlanningBoard in 1975. All 3 lots are one acre in size or larger. prAdditional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) t 2 will be removed at the is -issued. The Town Code allows a barn to stand alone in an AC Ton -see Section 100-31 (a) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects , the character of the neighborhood and the health, safety, and community. welfare of the ( ) Check this box and 'complete PA%tuestions on next page to applyUSE VARIANCE STANDARDS. (Please consult your attorherw' e e ro e d to the si nature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this I L-r" t a3P-`t (Agent must submit Authorization from Owner) da of .Rbtyae? . ., 2006. SCvO) Richard G and ( tary Public) JENMIFIN 0.COULD C. Ward ZBA App 9r30/02 N*Iy Public,State of New York No.02G05024640-Suffolk County Comaissioo Expires March 14,20 KARIN L STALTER Notary Public,State of New York No.4973546 Qualified in Suffolk County Commission Expires October 22,tM Zov6 1 . cont'd. natural wood barrier that exists at the rear of each proposed lot. See survey by Peconic Surveyoers last dated .IUne 29, 2004 for location of woods at the rear of the proposed lots. These woods also provide a privacy barrier for adjacent neighbors. 2. is to create a building envelope on the proposed lot 2 (Richard WArd lot) which will least impact the existing dwellings on lot 5.1 (Verity lot) and lot 5.3 (Susan Ward lot) and the two residences immediately west of the "Ward" (formerly known as Amari property) properties. 4. existing dwelling viewing it from the Old North Road. There will be no additional curb cut from the Old North Road to the proposed lot 2 (Richard.Ward lot) since access to proposed lot 2 will be from a proposed 20 foot common driveway. The proposed 20 foot common driveway constitutes a reduction of the 50 foot right of way that presently provides access for lots 5,1 and 5.2 to the Old North Road. By reducing the size of the present right of way and reconfiguring the dimensions of the proposed lot 2 (Richard WArd lot) , more open space 4 will be preserved and the eventual development of Richard Ward's lot 2 will have less impact on the immediate neighbors and overall neighborhood. PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Richard G. Ward & Susan C. Ward Owners: I. If building is existing and alterations/additions/renovations are proposed A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: not apiplicable as this is a variance for a lot line change Square footage: to pre-existinq lots in an approved minor subdivision B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: If a sign is proposed, please: Not applicable A. Give dimensions of existing sign with photograph or sketch with details. B. Give dimensions of new sign. C. Is the new sign replacing an existing sign? Yes_ No_ If so, please explain: II. If land is vacant: proposed building envelope Please give dimensions and overall square footage of w construction: ey for lot 2 & conforms to Dimension/size: b� rgC({ylramr�ni-g fnr nnn rnnf�rm;,•,� 1 nt-S RPA SecLi On 100 244 O Square footage: f the Code Height: t�s �ssuPr . III. Purpose and use of new construction requested in this application: rn,r-t;nn of existing n '' C�Gi r rirti nn of a ;i ngl e family-Lbmi ling ng IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): �rnnnCarl 1 nt 7 mcpi-G a.l l r,�,ao rc�rnd rPmani-s of 100 244 Lot 1 meets all ae aide yard is 15.2 rather than required H w v Iggse• note that combined side yards of lot 1 are 77 feet, when code only requires - combined side yards of 40 feet Lot-1 meets side Yard requirements of R40 one. House was built when property zoned one acre. V. Please submit seven(7)photos/reefs a#Ier staking corners of the proposed new construction. 7/02 j APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The pumose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: Richard G. ward (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. `Business interest" means a business, including a partnership, in-.which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant.is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitte Alf y o "loray 2001- Signatur Print Nam : R i('GIA rd 1P• 1nJQM J APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Susan C. Ward (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in- which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town oiicer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant.is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner,or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi (� T f b Qy, 2 0 o(0 Signature . Print e: usovi 0. Ware i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 5, 2005 AMENDED: July 26, 2005 RENEWED: December 2,2005 RENEWED/AMENDED: March 2, 2006 TO: Jennifer Gould A/C Ward PO Box 177 Greenport, NY 11944 Please take notice that your application dated July 5, 2005 For a permit for a lot line change at Location of property 4006 Old North Road, Southold,NY County Tax Map No. 1000 - Section 55 Block 2 Lot 5.2 &5.3 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III, Section 100-32,which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC,R-80, R-120, R-200 and R-400 Districts 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 minimum lot width required in the Residential AC District, according to the bulk schedule, is 175 feet, and a total lot size of 80,000 square feet. Following the proposed lot line change,both lots will measure+/- 112 feet in width at their smallest point and 48,522 square feet and 42,160 square feet respectively. In addition, the proposed lot line change will result in an insufficient side yard setback pursuant to bulk schedule,which states that such parcels require a single side yard setback of 20 feet. Following the proposed lot line change,the existing dwelling will have a single side yard setback of 15.2 feet. Although the survey shows only one tax map number for the property, a subdivision has been approved for the parcel and is shown as lot 1 and lot 2. This Notice of Disapproval was amended on July 26, 2005 to correct errors and make clarifications. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 5, 2005 AMENDED: July 26,2005 RENEWED: December 2, 2005 TO: Jennifer Gould A/C Ward PO Box 177 Greenport,NY 11944 Please take notice that your application dated July 5, 2005 For a permit for a lot line change at Location of property 4006 Old North Road, Southold NY County Tax Map No. 1000 - Section 55 Block 2 Lot 5.2 & 5.3 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 100-32, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC R-80, R-120 R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect V as if such regulations were set forth herein full." The minimum lot width required in the Residential R-80 District according to the bulk schedule, is 175 feet and a total lot size of 80,000 square feet Following the proposed lot line change, both lots will measure+/- 112 feet in width at their smallest point and 48,522 square feet and 42,160 square feet respectively. In addition,the proposed lot line change will result in an insufficient side vard setback pursuant to bulk schedule,which states that such parcels require a single side yard setback of 20 feet. Following the proposed lot line change, the existing dwelling will have a single side vard setback of 15.2 feet. Although the survey shows only one tax mapnumber for the property, a subdivision has been qpproved for the parcel and is shown as lot 1 and lot 2. This c�of isa r al w s amended on July 26 2005 to correct errors and make clarifications. Authorized Signature 6OiJTF D TOWN, PLANNING,BOARD.- FAX NO. 631 765 3136 Jul. 26 2005 11:34AM P1 j. MAILING ADDRFSS:- PLANNING BOARD 1KFNM ERS ,DOE SO�ry Y.O. sox 1179 JERILYN B.WOODHOUSE �Q� �1 Southold,NY 11971 Chair OFFICE LOCATION: wn.LIAM J.cRENzgq Town Hall Annex KENNETH L.EDWARDS yQ� W75 State Route 25 MARTIN H.SIDOR (cot'.Main Rd.&Youngs Ave.) GEORGE D.SOLOMON Cato Southold,NY Telephones 631 765-1938 Fa=631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD J FACSIMILE To: Jennifer B. Gould, Esq. From: Anthony Trezza, Sr. Planner Date: July 26, 2005 . Re: Ward Lot Line Change 1000-55 2-5.2 & 5.3 As per the Planning Board work session on July 25, 2005, the following map changes are needed in order to proceed with the application for the above- referenced properties: 1. Make clear the existing and proposed lot areas. 2. Label the access as a "20'-wide common driveway. 3. Show the third•lot that is part of the previously approved subdivision (1000-55-2-5.1). 4. Use the non-conforming setbacks of the Town Code to show the building envelopes for both lots. 5. The building envelope on lot 2 has two front yard setbacks (50' from Old North Road and 50' from the easterly property line). 6. Indicate if.the existing barn is to be removed or relocated. 7. Clarify the dimensions of the property lines along Old Main Road. Please provide this office'with eight copies of the revised map when completed. You may then go back to the Building Department for a new Notice of Disapproval. If you have any questions or need further assistance, please feel free to contact this office. JENNIFER B. GOULD Attorney at Law 210 Main Street • P.O. Box 177 • Greenport, New York 1 1944 Telephone631-477-8607 Fax631-477-2601 July 13, 2005 Jerilyn B. Woodhouse, Chairwoman Southold Town Planning Board 53095 Main Road, PO Box 1179 Southold,NY 11971 RE: Richard G..Ward and Susan C. Ward Application for Re-Subdivision/Lot Line Modification Premises: 4006 Old North Road and 4400 Old North Road, Southold,NY (SCTM 9's 1000-55-2-5.2 & 5.3) Dear Ms. Woodhouse: Enclosed please find a copy of the notice of disapproval issued by the Southold Town Building Department with respect to the above-referenced lot line change. Please note that the barn is a permitted structure and use in an AC zone (see Section 100-3l(a) of the Southold Town Code). In addition,the Building Department has determined that a 20-foot right of way is acceptable under the Southold Town Code (see Section 100-235 (C)) and the New = York State Fire Code, which requires a 20-foot wide road for fire truck access. It is the applicants' intent to proceed with a single area variance for lot width with the Board of Appeals. If the Planning Board has any additional issues with the variance or the lot line application as filed, please contact me as soon possible. Very truly yours, ifer B. Gould Enclosure cc: Richard G. Ward& Susan C. Ward Zoning Board of Appeals N.: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 5, 2005 TO: Jennifer Gould A/C Ward PO Box 177 Greenport,NY 11944 Please take notice that your application dated July 5, 2005 For a permit for a lot line change at Location of property 4006 Old North Road, Southold, NY County Tax Map No. 1000 - Section 55 Block 2 Lot 5.2 3 Is returned herewith and disapproved on the following grounds: The proposed lot line change s not permitted pursuant to Article III, Section 100-32, which states; "No building orpremises shall be used and no building or part thereof shall be erected or altered in the AC R-80, R-120 R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect r as if such regulations were set forth herein full." The minimum lot width required i the Residential R-40 District according to the bulk schedule is 150 feet. Following the proposed lot ' easure+/- 112 feet in width at their smallest point. Although the survey shows only one tax map number for the property, a subdivision has been aDDroved f e rcel own as lot 1 and lot 2. ZAAuthJoed gnatur Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. q Ohl _193WN OF SOUTHOLD .. BUILDING PER BUILDING DEPARTME APPLICATION CHfitKLIST It: ,TOWN HALL e Do you have or need the following,before applying?SOUTHOLD,NY 11971 Board of Health TEL:(631)765-1802 4 sets of Building Plans FAX: (631)765-9502 Planning Board approval www.nortlifork.net/Sotitliold/. PERMIT NO. Survey Check Septic Form N.Y.S.D.E.C. Examined 20 Trustees Contact: Approved 20 Mail to: Disapproved a/c Phone: Expiration _20 OBu' actor APPLICATION FOR BUILDING PERMIT L23 2005 {{ Date`J U ate 2 3 ,20 J INSTRUCTIONS 6LOO.c=F L.a—T 1?10P&atiort Mgft4w-s mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans;accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a.Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The . r applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of a pltcant or name,if a corporation) . _ P•D• t3o,c 1"7 7 � urw,� 63 — LI77_ &[n U-7 (Marling address of applicant) C►" State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician;plumber or builder Q P P(,(ct a:b ,S Name of owner of premises P_.'l•k G rc1 L Wet r-- (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer, (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land o� e which roposed woo�ll.be done: LH to(cl_ House Number Street Hamlet County Tax Map No:1000 Section JrS Block_ _Lot Jr- o- Subdivision_','�e W• �nn�- Filed Map No. Lot • (Name) copy o{ rnup ut6ae4tD(V_ S,gg0cl by fofv, w,'cEUa�.-,_ ("Gtca�rna� o-( (�(a rin,n5 Px>n r d 3- 12-197C 2. State existing use and occupancy of premises add intended use and occupancy of proposed construction: a. Existing use and occupancy (q>7 � P �Ct'1 ��f � ('1✓0 15R- Leg aboc uid SU 2tPP � b. Intended use and occupancybe rVim rj� r� 3. Nature of work(check which applicable):New Building Addition Alteration ' Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units---q y--Number of dwelling units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy,.specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with-alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front-*Jf0— bUild,rly Reat ��f 0 Depth Height Number of Stories 9. Size of lot:Front- I Z- 13 t Rear (9-1),toL I Depth 27'S •7Z 14- SO7•9-2. I 10.Date of Purchase I qgs Name of Former Owner 3U_s -n Gt)a,-d, 11.Zone or use district in which premises are situated , AC 12.Does proposed construction violate any zoning law,ordinance or regulation?'YES—'A' NO 13•Will lot be re-graded?YES_NO_Y Will excess fill be removed from premises?YES_N0_�Z /3�lioH„t,,� II71 b. 14.Names of Owner of remises_k9,'t NQ-d&W d--Address 1S(�(ult�/pndd�e.✓' Phone No: _63/-S63-tl£sU0 Name of Architect t r tid�d rr Lt)at- Address I Phone No u t I, Name of Contractor Address Phone No. 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES *IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within•300 feet of a tidal wetland?*YES NO *IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation_plan and distances to property lines. ,5;W 4,LA1&tco d pro pad lot 1,,u•e t,�j cr naUc. f;Ue V j .17.If elevation at any point on property is at 10 feet or belojv,must provide topographical data on survey.'' STATE OF NEW YORK) SS: COUNTY OFS �-) 6-COutAL' being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the Age j4 A --Flo A ppb ro 44 u1 K&_ (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and.is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in die application filed therewith. Swo t me t ' ay of I Akn 20 otary Pu lic Signature of Applicant CYNTHIA M.MANWARINQ NOTARY PUBLIC,STATE OF NEW YORK NO:01 MA6100507 QUALIFIED IN SUFFOLK COUNYn °' COMMISSION EXPIRES OCT.20 W TOWN OF SOUTHOLD PROPERTY RIECOR.D CARD . OWNER STREET F� VILLAGE DIST. SUB. LOT Z octrcl S614- 6 /1,1"116 r S MER OWNER c A 1 -I N � E � / / A�CR- ' t�l V.�1 C1-- /1•� W 4IP cL L7, .0 //� 9d \MaL rc� w F" S W TYPE-OF BUILDING RES. SEAS. VL., 3(`?— FARM COMM. CB. MICS. Mkt. Value ! LAND IMP. TOTAL DATE REMARKS Z1 �4G� - / Y. 19/h�tR l-t Atr i9 R d W oat) e 6 1 ✓ I� r - Le G 12 z --L 2 1A)Q rd Tillable FRONTAGE ON WATER Woodland FRONTAGE D Meadowland DEPTH House Plot BULKHEAD ' Total TOWN OF SOUTHOLD PROPERTY RECORD CARD i OWNER STREET VILLAGE DISTRICT SUB. LOTlykj Ye, r:: ,ORMER OWN E N �z -- ! E a .. . ACREAGE ` rid, Ward # r�Jf 6�� l-,,_.�, . rr Vi �' fit/ l` Grl�/n� S W / �j� TYPE OF BUILDING7'2- RES. �p M + I SEAS. VL. kARM COMM. I IND. I CB. I MISC. I LAND IMP'. TOTAL DATE REMARKS 600 © © 1CJ z �o f f -5 14,L v— l�"} :o..Y• °�..' 4�tJ /O/1v2. 2,4. .7 S .4 / b t 6"S"U -cy.._O E5 70 YpTz �/ = L`�4� cry) ci "A�g �' ° B I DYNG°CO D 10 S 3 j/ iLnrLob. ?� v.� (1c�T, %l93 Qrtse 6,gRN ./Cd s aP �- ABOVE A:P /,5"533 /1eynave b/"6y, a: C fY- e�W,/." Value �' — W rj yd. A'C� Ti Ilahle 1 Tillable 2 Tillable, 3 Woodland „ �,6 T Swampland .�. 1 Brushland %r 1110, House Plot Tota 1/ 4 Foundation ` .• Extension sement Floors Ext Walls Interior Extension Fire Place Heat Extension �® Porch C- Porch Rooms 1st Floor r Patio ®� Rooms . Floor Breezeway Garage ` riveway • B, , . .� MAILING ADDRESS: PLANNING BOARD MEMBERS QF S0(/T�o P.O. Box 1179 JERILYN B.WOODHOUSE, �Q l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cam+ Town Hall Annex KENNETH L.EDWARDS G ,�a�pQ 54375 State Route 25 E MARTIN D SOLOMON �Oly CUM (cor.Main Southold, NY Youngs Ave.) G Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Jennifer B. Gould, Esq. From: Anthony Trezza, Sr. Planner Date: July 26, 2005 Re: Ward Lot Line Change 1000-55-2-5.2 & 5.3 As per the Planning Board work session on"July 25, 2005, the following map changes are needed in order to proceed with the application for the above- referenced properties: 1. Make clear the existing and proposed lot areas. 2. Label the access as a "20'-wide common driveway. 3. Show the third lot that is part of the previously approved subdivision (1000-55-2-5.1). 4. Use the non-conforming setbacks of the Town Code to show the building envelopes for both lots. 5. The building envelope on lot 2 has two front yard setbacks (50' from Old North Road and 50' from the easterly property line). 6. Indicate if the existing barn is to be removed or relocated. 7. Clarify the dimensions of the property lines along Old Main Road. Please provide this office with eight copies of the revised map when completed. You may then go back to the Building Department for a new Notice of Disapproval. If you have any questions or need further assistance, please feel free to contact this office. JENNIFER B. GOULD Attorney at Law 210 Main Street • P.O. Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-260-1 July 13, 2005 Jerilyn B. Woodhouse, Chairwoman Southold Town Planning Board 53095 Main Road, PO Box 1179 Southold,NY 11971 RE: Richard G. Ward and Susan C Ward Application for Re-Subdivision/Lot Line Modification Premises: 4006 Old North Road and 4400 Old North Road, Southold,NY (SCTM#'s 1000-55-2-5.2 & 5.3) Dear Ms. Woodhouse: Enclosed please find a copy of the notice of disapproval issued by the Southold Town Building Department with respect to the above-referenced lot line change. Please note that the barn is a permitted structure and use in an AC zone (see Section 100-31(a) of the Southold Town Code). In addition,the Building Department has determined that a 20-foot right of way is acceptable under the Southold Town Code (see Section 100-235 (C)) and the New York State Fire Code,which requires a 20-foot wide road for fire truck access. It is the applicants' intent to proceed with a single area variance for lot width with the Board of Appeals. If the Planning Board has any additional issues with the variance or the lot line application as filed, please contact me as soon possible. Very truly yours, ifer B. Gould Enclosure cc: Richard G. Ward& Susan C. Ward l[f''� E C E Zoning Board of Appeals JUL. 1 5 2005 .:. •:.... .. Southold ToNin . . PIa;Wing toar6 F6RM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 5, 2005 TO: Jennifer Gould A/C Ward PO Box 177 Greenport,NY 11944 Please take notice that your application dated July 5, 2005 For a permit for a lot line change at Location of property 4006 Old North Road, Southold,NY County Tax Map No. 1000 - Section 55 Block 2 Lot 5.2 3 Is returned herewith and disapproved on the following grounds: The proposed lot line change s not permitted pursuant to Article III, Section 100-32, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R-80, R-120, R-200 and R-400 Districts 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 minimum lot width required in the Residential R-40 District, according to the bulk schedule, is 150 feet. Following the proposed lot line change, both lots will measure+/- 112 feet in width at their smallest point. Although the survey shows only one tax map number for the property, a subdivision has been aDi3roved f6p4he-1weel and4&shown as lot 1 and lot 2. Autho)ed gnatur Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. a o��$UFFO�,�coG Town Hall,53095 Main Road y Fax(516)765-1823 =P. O.:f3ox=1179 . y. rN Telephone(516)765-1802 Southold, New.York 11.971, � • �� • �ipl � Sao OFFICE OF-THE BUILDING INSPECTOR TOWN OF SOUTHOLD MEMORANDUM TO: All Building Department Personnel FROM: Ed Forrester DATE: May 21, 1998 RE: Attached Effective immediately, the attached notice will be attached as.a cover on all Disapprovals issued by this department. The body of the Disapproval will no longer contain wording referring to ':..action by the ZBA...' or words to that effect:. p,, "f T�N OF SOUTHOLD BUILDING PERA APPLICATION CHECKLIST BUILDING DEPARTMEN', TOWN HALL Do you have or need the following,before applying? . Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631)765-1802 Planning Board approval FAX:(631)765-9502 Survey www.not-tlifork.net/Soutliold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Examined 20 Trustees Contact: Approved 20 Mail to: Disapprovdac . Phone: Expiration 20 OBU' Zector L- n IAPPLICATION FOR BUILDING PERMIT 2 3 2005 ' Date S U N" 2 3 20Q,�- INSTRUCTIONS EivO.it"F�. a_This_,.A{pliGatiott-KO'Stbe-s mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans;accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. E,Every building permit shall expire if the work authorized has not commenced within 12 months after the date of'' issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter;a new peiinitshall be required:' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a.Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all,applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. RIC&a r-,( (Signature of a plicant or name,if a corporation) 7-2�1_ �-�-�` �S(n�� (Mailing address of applicant) Grt?,90P'r-i, fUy 1I q L+Iq State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician;plumber or builder Qpp(tca.a-� �s ,. Name of owner of premises e 4 b u cl G-• (Da r-d (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Locaiion,of land on which proposed work will.be done: 'Old UO2-tit EOCLJ SO u t to(dc_ House Number Street Hamlet County Tax Map No. 1000 Section Jl's Block . Lot Jr- SubdivisionAL- W1B• M0 p, Filed Map No. Lot (Name) d 4f--M 1-27 f q-7S C'U P y Of map Utt.atdw CO- CGtat r'Ica) of. Plarin,n� P�nrd 3- 12-Iqx qN 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 11 O N104 �q yl � C'GiG,�ge- �.p�L 2�ctCltocQ,.Su Qu'P � �^ b. Intended use and occupancy i /�V`2 V2 be r�Ple)Cc&cL 3. Nature of work(check which applicable):New Building Addition eration Alt if Repair Removal Demolition Other Work 4. Estimated Cost (Description) Fee 5. If dwelling,number of dwelling units_ units ( be paid filing this application) Number of dwelling units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front�� bU dd' 1J Reat -f1Vf10�P— Depth Height Number of Stories p l 9. Size of lot:Front_ 0 Z- ( 3 Rear 0, I Depth 27`S 72 t{ %-71 97Z 10.Date of Purchase I qSk Name of Former r_ S er Owner SGno o 10ark + I✓',YGtCrrcC Warms 11.Zone or use district in which premises are situated 't/(Z-�S�� !IC 12.Does proposed construction violate any zoning law,ordinance or regulation?YES)L NO 13.Will lot be re-graded?YES_NO Will excess fill be removed from premises?YES_NO_)� 14.Names of Owner of remises ,'C140,d Cr War "-" Phone No 11716 P � �—Address i'SOt�Lululand r��e.. phone No. Name of Architect J?,f pipr-rj ell,-tLbc-j Address it Phone No Name of Contractor Address Phone No. 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES NO �C *IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within'300 feet of a tidal wetland?*YES NOS *IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. . &L4O tho e(_ pfopd 1Ji I r�tr2 CGtci � �tt(Cvp� 17.If elevation at any point on property is at 10 feet or belo ,must provide topographical data on survey. STATE OF NEW YORK) SS: COU'NT/Y OF S �) being duly swom,deposes and says that(s)he is the applicant (Name of individual signing contract)above named", (S)He is the- A ge,, F (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Swo t 29 me t a 'y of 20L<— otary Pu lie Signature ofApplicant CYNTHIA M.MANWARING NOTARY PUBLIC,STATE OF NEW YORK Nov MA6100507 QUALIFIED IN SUFFOLK COUNI��Yl'�� COMMISSION EXPIR ',-T,20 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 Jerilyn B. Woodhouse, Chairwoman June 3,2005 Southold Town Planning Board 53095 Main Road,PO Box 1179 Southold,NY 11971 RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision/Lot Line Modification Premises: 4006 Old North Road and 4400 Old North Road Southold NY (SCTM#'s 1000-55-2-5 2 & 5.3) Dear Ms. Woodhouse: I represent Richard G. Ward and Susan C. Ward,the owners of the above referenced parcels. Enclosed pleased find the following documents: 1. Re-Subdivision Application Form; 2. Two(2)Authorization letters from Applicants/Owners to Agent; 3. Copies of two(2)property. deeds(lots 55-2.5.2& 5.3); 4. Short Environmental Assessment Form; 5. Two(2)Transactional Disclosure Forms 6. $500.00 Application Fee; 've... 7. Six(6)copies of the Re-Subdivision Plan; and 8. Six(6)copies of the original subdivision-Map of Land Made for Vito W.Amari, approved March 12, 1975 by the Southold Planning Board. The applicants wish to reconfigure 2 lots in a three-lot minor subdivision created by the Southold Town Planning Board on June 12, 1975. Ms. Ward's lot(5.3) is presently improved with a single-family dwelling, one story pre-existing barn, and gravel driveway that exits onto Old North Road. Mr. Ward owns the remaining 2 lots(5.2 is vacant land, and 5.4 is improved with a single family dwelling),where access to Old North Road is provided by a 50-fool Right of Way. The proposed reconfiguration of lots 5.2 and 5.3 will preserve the present landscaping and lawn to the existing tree line of Ms. Ward's home on proposed lot 1, in addition to maintaining the natural woods that exist in the rear yard of each proposed lot. Further,the reconfiguration of the two lots will provide a building envelope for the proposed lot 2 that will least impact the two existing Ward residences as well as the two residences immediately west of this three(3) lot"Ward"subdivision. Finally,the present 50-foot Right of Way only provides access to Richard Ward's two lots- 5.2(vacant) and 5.4(single family dwelling). The applicants would like to reduce its width to 20-feet to in order to provide a 30-foot side yard for the building envelope on the proposed lot 2. After reviewing the application, should the Board or staff have any questions,please do not hesitate to contact me. _ Very truly yours ' i JUN —1 2005 J ifer B. Gould Enclosure cc: Richard G. Ward& Susan C. Ward Project Status Report for Re-Subdivisions (Lot Line Changes) Pr jest N r ale an °Location ��� y � �r Po�ece �ptlon(taken from,Pl�nt� 4 d Application Dates Pre-Submission Conference` SEQRA Determination Application Received /a�/Y/Os� SC Planning Commission Referral DO Application Fees Paid PO SC Planning Commission Comments Application Reviewed at Work Session���Za/oj Conditional Final Approval Fire Department Comments Final Approval Engineer Conference SEQRA Coordination Public Hearing Waived Public Hearing Date 1 Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: - 1 �DsuFFO(�►CO MAILING ADDRESS: PLANNING BOARD MEMBERS ��� Gy P.O.Box 1179 JERILYN B.WOODHOUSE C2 Southold,NY 11971 Chair y IA-1OFFICE LOCATION: RICHARD CAGGIANO • 'F Town hall Annex WILLIAM J.CREMERS y j �aO� 54376 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631 76b-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Re-Subdivision/Lot Line Modification APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name Map of rand Made for Vito W. Amari approve d March 12,:1975 by the Southold Town Planning Board 2. Suffolk County Tax Map# 1000-055.00-02.00-005.002 & 005,003 3. Hamlet Southold 4. Street Location 4006 Old North Rd. (lot 5.2 - Richard G. Ward) & 4400 Old North Rd (lot5.3 - Susan C. Ward ) 5. Acreage of Site total aGreage f4or both I ats i s 90 682 sq.ft. proposed lot .2 is 42,160 sq.ft & lot 1. . is 48,522 sq.ft. 6. Zoning District , AC 7. Date of Submission June 3, 2005 8. Please provide the names, addresses and phone numbers for the following people: Applicant: Richard G. Ward, Ward Associates 500 Lakeland Ave.., Bohemia, NY 11716 631-563-4800 usan C. Ward 4400 Old North Road, Southuld,—NY 11971 631-765-2326 Agent: Jennifer B. Gould, Esq. 210 Main St., PO Box 177, Greenport, NY 1194'4,� I J U N - 2005 - - - 1 (fax) aouhold T�'::� Property Owner(s): Property owners are same individuals as applicants Susan C. ward & ! U. Wdfd - see page 1 for all information addresses cind phone numbers Surveyor: Peconic Surveyors, PC (John Metzger) 1230 Traveler St. PO Box 909, Southold, NY 11971 631-765-5020 (phone); 631-765-1797 (fax) Engineer: not applicable Attorney: Jennifer B. Gould, Esq. same indiviudal as agent see page 1 for address and_phone numbers 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. The proposed re_conf i_giiratj,=, of 1 nts 5 o & 5 3 will-preserve the present landscaping and lawn to the existing tree 1 i nP of Ma inlarrl present single family dwelling on. proposed lot #1 4n addition to maintaining the na ura woods that exist in the rear yars of both lots 1 U. The proposed building envelgpg for lot 2 will least impact the two-existing dwellings in this three (3) lot subdivision in addition to the two 2 homes to the ' iate west of the subdivision. Red uct-ion of the currant 50 feet right efway to 20 feet ereate a side yard of 30 feet on the vacant lot., proposed lot 2 on the attached-lot—line survey. 10. DOES THE PROPOSED MODIFICATION: Affect the street layout in the original subdivision? nn Affect any area reserved for public use? no Diminish the size of any lot? yes Susan Ward's existing lot is 50,524 sq.ft. and will decrease in size to 48,522 sq.ft.; however, Richard Ward's lot will increase in size from 40,158 sq.ft. to 42,160 sq.ft. Create an additional building lot? no Create a nonconforming lot? ...... no - lots are already nonconforming under present code Require a variance from the Zoning Board of Appeals? yes Impact the future planning of the subject properties? yes-- barn will eventually be moved to Susan.Ward's property, and proposed house building envelope 11. Appliccoa R cb e �ys vacant] e ill QMged [ ] other Application completed by Agent- Jennifer B.-Gould UPON SUBMITTING A COMPLETED APPLICATION,THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW . IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER,THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANDARD LOT SIZES,LOT WI1JHS OR MAKE EXISTING STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS,THE APPLICANT WILL NOT BE ABLE T-6 RECEIVE PLANNING BOARD APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING BOARD OF APPEALS. Signature of Preparer Date August 1 b 2004 Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 RE: LOT LINE CHANGE APPLICATION RICHARD G. WARD AND SUSAN C. WARD SCTM 1000 - 55-2 - 5.2 Ladies and Gentlemen: I, Richard G. Ward, owner of the property at SCTM 1000-55-2-5.2 in Southold, New York hereby authorize Jennifer B. Gould, Esq. to act as my agent and handle all necessary work involved in the lot line change procesLih he Southold Planning Board, Richard G. Ward Sworn before me this day of August, 2004 Notary Public RITALTER Notary Public,S ate of Newy. ork 9,3546 Qualified in suffwk County Caetttission Expires october 2Z, 2006 A Piz, i 3 Zoos^ o�� ,2O-Q4 Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 RE: LOT LINE CHANGE APPLICATION RICHARD G. WARD AND SUSAN C. WARD SCTM 1000 -55 - 2- 5.3 Ladies and Gentlemen: I, Susan C. Ward, owner of the property at SCTM 1000-55-2-5.3 in Southold, New York hereby authorize Jennifer B. Gould, Esq. to act as my agent and handle all necessary work involved in the lot line change process with the S hold Planning Board. Sus n C. Ward Sworn before me this 3 day of A-H�, 2004 A p 2,1, 2 ou<- Nota Public JENNIFER B.COULD Nobry Pubk Sbb of Now York No.OZG05024640-Suffolk County CommWou Lou Yucb 14,20C& p 1 F •r ryY1 l . 5''�Z`r+r .i�L I..�•'jj 3(J, i r i.. � 1'j a ` �' t -:.! I'h ' �y ..,ter.+j .r/, %,•f��t:a' /f'.r/. M6- }Zcl. 4,• 'F rl,t.t �,."t `� , a\ .. � •'• ;.a• •p; ,r r 1r i c { ?f 7 y lt���..'•'; �' !� , f ;T1 '•., n::'r P t'jj ,f'yr.'., q •♦ � y •�i�•' .. ., .(,. ;1� Y.f ''f"J. �a• tt� �jf '� .h1:1 �f.. 1- .•1�. 1�: �, dr,1. J�+'t r .r, 1 .14...`�r.rr': :l, -1 �i.• W.rlr.i✓'%lr }... .�, cr t:�yRx`'i •air `•"hc ��• � .1y rr r.• ! a:i: :•-y.,�. .i:;:• � * X�i•�•v 10 ,r`l::G •A:r_1:�1r�_�n.;'�)3i'r�wi�'i.��'.t; a�lCY.f+ 1 .ttflri5 7a • .;Y%`k;4lf�ly:"!!Cfi.':.�. ��.�,. l7i'y.y�fjv,:'�;5 • F .C'/i z�, x��•f` �% / /„1',a r.}'�I"Ji • y�'•}A'�:,�.fulcl�. i,7�'i!'�^;'5�;, XE.P3.f., 'li �'�i:Gh"",y,, ;,/+'.••'r.,11•.k' �'S. 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'f`Pv� r";. -}tt:"'�;1�" M;� ..ny r.r•lam'., �": X �•� :d '' C ..�, :r:(.:..J � .fr:�ir:i _�rl':KJI;: ,i'%:. V:v+•ti. I.w :f, 08/05/04 THU 08:34 FAX 516 722 9631 COMMONWEALTH Q 006 . (l111(l1111l111((��fl(Il(�I((lll!!�((I111�I�(Illl(((��I 1 11111111 IN IIII SUFFOLR COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of 1UStr=Mt: DEEMS/DDD ... Recorded.: 01/22/2001 Number of Pages: 3 At: 01:39:32 PX TRANSFER TAX NUMBER: 00-23751 LIBER: D00012098 PACE: 089 District: Section: Block: Lots: 1000 055.00 02.00 005.003 RXAX1NED 'AM =RGMD AS'FOLLO�rs Deed Amount: Received the Folloving Fees For Above• l strumernt Pace/Filing $9.00 NO Taudling $5.00 NO COE $5,00 NO RA-CTY $5.00 NO EA-STATE $25.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT • $15.00 X0 SCTM $0.00 NO Transfer tam $0•p0 NO Comm.pres $0.00 NO Frees Paid .'69.00 TRANSFER TAX NUMER: 00-23751 TgzS PAGE IS A PART OIL THE INSTRUMENT Rdward P.Romaine county Clerk, Suffolk County 08/05/04 THU 08:34 FAX 516 79-9 ,9631 COMMONWEALTH 0 007 2 i Ntmttxrofpages � kECORPt;D 2001 Jon 22 111.:39:3, PH TO$RENS Edward P.Immainz Serial# CL�2K OF SUFFM.K c010n L DOW1209a Cedilkhle# - p 6R9 PTO um-24—rl51 Prior QE# Deed I Mortgage instrument Deed I Mortgage Tim Stamp Recording I Piling Stamps w 4 FP86 Page/riling Fee Mortgase Amt- iiendling — — 1.134sieTax — TR-594 2..Additional Tax _ Notation ^„ Sub Total L•A-s3 17(County) Sub'I'owl SpecJAsslr Or EA-:217(Slate) _J Spec.lAdd. RP.T.SA ``��.. TOT.MTG.TAX Comm-of Ed. 5 00--.. k, t Dual Thwn mal county Held fur Apportionment Affidavit ♦ Transfer Tox• _ . Certified Copy Mansion Tax Tire property covered by this mortgage is or Reg.Copy _ will be improved by a one or two family Sub 7bta1 dwelling only, Other �T _. .YES.. er'NQ GRAND TOTAL If NO,sec oppropriatc tax clause on page V of this instrumcnt. AaPi.t ` heal Props WTmcServiceAgencyVedfication CotrtnuttutyPreservation Fund � Dist. Section BIcA Lot Cons deration Annoum$_ Stamp D 056,DO Dd Db 116 ID Cpl. $ Impmved _ loitia> Vacant Land _ T SAisfactions0scharges/Raleases List Property Ownrrs Mailing Addrm TD RECORD&RETURN TO: TD _l dl�..• l��(Jlu. �U[�l��� TD a '><itI6Compmnyinformation Co.Name 9 Suffolk CML Recordm' &&Endorsement Page 'lhispage fonns�p=oflhe attwInd mado by �1G'1LUYa �'l. t1l�u1V.� WiaFr'r3rPF•Or•-iNM1RUMW1') ,• The prcinises hettin is situated in SUFTOLKCOUNfY,NEW YORIC t TO In the Tova19iip of mom In t}z-VILLAGE or IiAivJI.ET of BOXES S TIIKU 9 MUST BE TYPED OR PRINTM IN 13LACK TNK ONLY PRIOR TO RECORD1N0 OR FII.iNG. (ovor) 08/05/04 THU 08:34 FAX 516 799 9631 COMMONWEALTH 2008 CONSULT YOUR LAWYM SHOULD e2 U30 BY LAWYMS ONLY TIU$TMEN'I'IJ>,ZE,made thA tty of December.two thousand BlE✓d VV' ,N RICHARD 0.WARI), 1500 LAkeland Avenue,Bohemia,New York.and SUSAN C. WARM 4400 Old North ltotul.Southold.NeW York,party of the first part.and, SUSAN C.WARD,4400 Old North Road,Southold,Ncw York party of1he second pan.. WITNESSETI3,that the party of the first part,for ne consideration paid by tha party of the second part, does hereby grant and release undo the patty of rlta sccdnd part,the heirs of sucCessOrs and MiSns of the party of the party of the second part forever, ALL that certain plot.piece or parcel of land,with llic•buildings rmd improvements thereon crectcd, Situate;lying and being in Southold,in the'town of Southold,County of Suffolk and State of Ncw York, >!ltoY te�aTte d�tilut9 bg�t n -d and described,according to said map,us follows: .�+r. Y• , Y $FCINIYIh1G oGat'a o;pt art the southerly side of North}Toad about 1380 Feet westerly along&yid —� -southerly side from Middle Road(said point being ilia portheWarly comer of the premises herein described and the northwesterly Cotner of land now or forwrly of Grigoois);thence running along said land now or formerly of Grigonis South 4 dep mes 29 minutes 10 ecconds West.125.72 feet to a point thcnr•o running Nordr 85 degrus 30 minutes 50.seconds West.50 foe(;thetice running South 93 degree 31 minuies 30 seconds West.105.19 Peer;thence running North RS degrees 30 minutes 50 seconds West, 140 feet to land now or formerly'of Sievers; ((tense nrtii,ing along land now or fornerly of Sievers and Schaefer earth 4 degr=29 uriuutes 10 Seconds Etter 215.78 feet to the southerly side of Old North; thence running along rho southerly side of Old North Road the Following two courses and distances:1)South 70 degrees 5 nunutes W seconds East.157.32 feet 2)South 73 degrees 16 rrdnutcs 40 seconds Fast.144.25.fcot t the o'inl or place of BEGINNING. C-w)(�) SIn3JECT to a 50 foot right of way running parallel along the easterly side of said premises for rho exclusive use of the owner of said premises qnd the owners of vaWt plot•#^_•and-plot 43 immediately south of the within premises. SAM PREMISES being known its aqd by U.S.Postal Sorvi a street number 4400 Old North Road. Southold,New York;Scctiop 53,Block 2,Lot 5.3,C�aW)(M , Subject to covenants,restrictions,easements and reservations of record.if any.as contained in prior deeds of record. BEING the same premises hemtofore conveyed to harry of the First part by deed dated June 9.1978 and recordcd June 33,1973 In the Office of the SUffolk County Gcrk in Libor 8444 of Deeds at page 151.and formerly known as Lot No. 1 on a certain minor.subdivision.plat dated January 27. 1975 and sigmed by John Wickharn,Chairman of the Planning Board,March 12,1975- TOG1q, K8R.with nil right,title and intereb't.if"y.of dui party of the first part in and to any streets and roads abutting the above desctbed premises to the center lines thereof; TOGETHER with the appurtenaii=and All the estate and rights of;the first part in and to suid'premiscs;TO HAVE ANI)TO HOLD the prentiscs herEin gamed onto the party of the second part,the hcirs or successors and assigns of the party of the second part forever- AND the party of the first part covcnrtnt that the party of'tbe first part has not done or suffered anything whereby the said premises have been encumbered in any way whktover,except as aforasaid. AND the party of the first port,in compliance with SCCiiop;l ,pf file Lien Law;:covenants that the party of the First part will reeelve the consideration for ilifF conveyance and will hold the right to receive such consideration as a trust fund to bo applied first fur the purpose of paying the cost of the improvement and will apply the same first to the payment oLthe cost of the impioveinent before using any part of the total of the same for any otlicr purpose. The word "party"shall be construed as if it read"partite"whenever the sense of this indcature so requires. IN WITNESS VVHEXEOIF,the party of the fItbasuted this deed the day and year first aonre written.IN PRESENCE OIF.- 1 iLk� SUCL . AD SA6 C.WAIIU 08/05/04 THU 08:34 FAX 516 722 8631 COMMONWEALTH Q 008 STATE OF NEW YORK,COUNTY OF Sctft(Z SS.: STATE OF NEW YOF#Yy COUNTY OF 6S: On the 1244 day of 966&Wft the year daw,before me, f It the undersigned personally appeared VD-0 c•�rmO On the Z0 day of in the earl A_ bgf�me, personally known to me or proved to me on the basis of the undersigned personally appeared C, WOOL sarmfaotory evidence to be the lndividual(s)whose names) personally known to me or proved to me on the basis Of Is (are) subscnbad to the within instrument and satisfactory evidence to be the Individual(s)whose name(s) acknowledged to me that he/she/they executed the same in 1s (are) Subscribed 'to the vAhln instrument and his/heritheir capacity(es) and that by his)her/their aWowledgad to me that helshe/they executed the same in signature(s) on the instrument, the individual(a) or the t wbar/their' dapkcity.(18s) and that by his/herhheir person upon behalf of which the inWdusl(s),executed the slgnatuta(s) o'n the 'instrument, the individual(s) or the instrument I person upon behalff ff whch the ivldual(s),exceed the 924& instrument. ��' ' -- 1L4PIII SIBte 7ER Noterypublic, t?354BNaNYork QU911tieA in SuffaikCOB1M Comma sjdn t*tees Ociaw2Zr . 'L1N1lA TAPFAR Netery Na 4 YS of wm quspfled in 8uffolK Count�,,,,,�02 Commission Expires May S r:. . Pargain mib Otte fee WITH COVENANTS AGAINST GRANTOR'S ACTS aganOk '55' TITLE NO. BLOCK 2 ' RICHARD G.WARD&SUSAN G.WARD LOT 6 COUNTY OR TOWN Suffolk TO DCN Recorded at pequeat of CATHERF FALY KANZLER SUSAN C.WARD Return by Mail to 57Armlwb FORM OFNEWYORK BOARD OFIMEU RiYM CATHERINE HMY KANMFq,ESQ. Distributed by 431 Greene Avenue Sayville,New York 11782 631-218-1416 tn n, � � S'~�"� i wP 08/05/04 THU 08:32 FAX 516 "Q 9631 COMMONWEALTH Q 002 I(iil((1 lil(lill(1111!illi(((1(1 Illll illll Il(1 Il l(lilt 1 I 1111!!11l1!111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE REGORDTXG PAG9 'hype or Instrument: D3BDS/DDD Recorded: 01/22/2001 Number of Pages: 3 At: 01:39:32 PM TRANSFER TAX NUMER: 00-23750 LI$ER: D00012098 PAGE: 088 District: Section: Lot: 1000 055.00 02.00 005.002 RXAMTNED AND- CHARGED AS FOLLOWS Deed Amount: Received the Following Fees For Above Inn trument 4empt . . exempt Page/Filing $9.00 NO Randlin $5.00 so COE $5.00 NO EA-CTY $5.00 NO EA-STATE $25.00 NO TF=584 $5.00 NO Cert.Copies $0.00 NO R8x $15.00 NO SCTM $0.00 NO .. Transfer tax $0.00 NO Comm.Pxeg $0.00 NO Fees Paid $69.00 TRMSFER TAX X=RR: 00-23750 THIS PAGE IS A PART OF MR INSTRUMSN'.0 Edward P.Romai.ne County Clerk, Suffolk County 08/05/04 THU 08:33 FAX 516 "' 9631 COMMONWEALTH IM 003 I I Z 3 Numberofpages RE;OPI)ED 2001 Jan 22 01:39t32 P1.1 TORRENS EdkaH P.Rorreine Serial S CLERK Or SUPOLK MUM L D00012'J5$ Certif4catc g . P Des DT# 00-23;50 Prior Ctf':f! Deed/Mortgage Instrument Decd/Mortgage Tax Stamp... .' Recording t Filing Stamps 4 FEES Page/Filing Fee M@4gage AmL Handling _ __ l:Basic Tax TP-594 2.Additional Tax Notation sub-rolal ' EA-5217(Cormty) Sub Total Spt:dAssit_ Or IAA-5217(State) Spy/Add. ILP.T.S.A. �s � TOT.MTG.TAX .a OW 7bwn Daal County Comm of Fd 5 00 Ileld for Apportionment Affidavit T 'c + Transfer T az Crrtifi@d Copy Manion'1'ex The,property covered by this mortgugc is or Copy wilt be'improved by a one or two family Sub Tolai dwelling only. Other Y7 5 orNQ, GRAND TOTAL if NO',see appropriate tax clause on page# of this instrument. Real prop@rty I:uc 5ervtea Agency Vsification Community Proservation r nd ` Dist. Section D lock Lot Consideration Amount s r Stamp' C17I�TtUi Due $ Improved Ioitisls Vacant Land y Satisfac'onslDischarges/Rcicases List Property 01%mcrs Mailing' Addres5 !D �Q����n RECORD&PJTUM TO: ��Tl�J1 a I IrD TD _ s Title Coilh.papy Xpformation Co.Name kZlIdOe Title.# 9 Suffolk County Recol"dil<x `&Endorsement P e INE;Ip6t'f(ww part of the alraehcd _mail@ by_ (SPEC'IFYTYPE op'INSMUMEMI') � 'Ilieptecnises hereh}I.s situated in SUFFOLItcouN ry,NEW YORK.�/{� + TO --Tn•tltts-fvtvnship of o� � In the VILLAS " •orldAiVIC,E1'ot, BOXES 5-1'11RU 9 MUST BE TYPM, OR PRINTED IN BLACK INK ONLY I%QXTO RECORIMNG OR FILING. (OVEF) 08;105/04 THU 08:33 FAX 516 "00 9631 COMMONWEALTH a 004 COWLY YOUR LAWYM BEFORE SIaNIN13 THIS UXrfluMm,Tma INSTMINI Nr SHOULD Be LIM BY LAtYrMa pNLY. THIS INDENTURE,made rh day of Deccmixr,two thousand RETWE)w1V'SUSAN C.WARD,44()V OId North Road,Southold,New York,party of the first part, sad RICHARD G.WARD,1500 Lakeland Avonuc,Bohemia.New York,party of the second part, WI`1'NR5SE771.that the party of the first part,for no consideration paid by tho patty of fhc second part, does hercby grant and raloase unto tine party of the sccond part,the heirs or successors and assigns of the party of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the build] dint']nj�rovb .�ts th n crectec, situate,lying,and being m 5ovthal S IInii f,Su `tt�� ,r g i d,in the Town of Southold, Y.q o11F,�(td,Sf:Ltc of New Yod, more particularly bounded and described,according to said map, ,1oltows:a 1 el -• I"." BEGINNING at a point at the northeasterly corner of the premise.,about to be conveyed herein,said point of beginning being South 4 degrees 29 minutes 10 seconds Westti 125-75 feet from the earner formed b- the intersection of the northeasterly corner of the property now or farnnerly of Amari and the soupier]« side of North Road,which point is about 1390 feet westerly along said southerly side of Middle Road, from said point of beginning,running South 4 degrees 29 minutes 10 seconds West,150 feet to a point; North 85 degrees 30 minutes 50 seconds West,293-27 fcct to a point and land of Sievers;running thence; along land now or formerly of Sievers North 4 degrees 29 minutes 10 seconds)vast,130 fret to a point, running thence along other lands now or formerly of Amari;three courses As follows:1)South 85 degree:; 30 minares 50 s4-conds�Cas4 140 feet;2)North 83 degrees 31 minutes 30 seconds 1"sa5t 105.19 feet;3'. South 85 degrees 30 minutes 50 seconds East,50.0 feet to the point or place of BEGINNING. SUBJECT to a 50 foot right of way running parallel along the easterly side of said premises for the benefit of the premises in=Ldiutely to the South. Together with a right of way over a 50 foot right of way running parallel along the.easterly side or the-premises to North Road,for the exclusive use of the owners of Lot 4122 and Lot it3 and owners of premises:4400 Old north Road.Southold,New York only. SAID PREMISES being known as District 10W;Section 55,Block 2,Lot 5.002. Subject to eovonants.restrictions,easements and nstrvations of record,ifany.as contained in prior dttdg of record. BEING the same premises heretofore conveyed to Party of the mrst Part by deed dated January 4.1985 and recorded January 16,1985 in the Office of the Suffolk County Clerk in Tiber 9717 of Deeds at page 297,and formerly known as Lot No.2 on a certain,minor subdivision plat dated Janu:uy 27, 1975 and signed by John Wickham,Chairman of the-Planning Baud.March 12,1975. TOGETHER,with ail right,title and interest.if any,of the partly of the first part in and to any streets And roads abutting the above described premises to the center lines thereof; TOMTHER with the appurtenances and all the cstutc and rights of the first part in and to said premises:TO HAVE AND*T0 HOLD tltt:premises herein gmatcd unto the party of the cdcond patt the heirs or successors and Assigns of the party of the second part forever. AND the party of the fast part covenant that the party of the first part has not done or suMrrd anything whereby the said premises have been encumbered in any way whatever,except as afotz:said. 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 convMnco 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 tho improvement and will apply the same first to the payment of die cost of the imprevamcnr bafdra using any pwto!'the total of the same for any other purpose. The word"patty' shall be construed as if it read"parries'•whcnever the sense of this indenture so rcquires. IN WITNESS WHEREOF,the patty of the First part has duly executed this deed the day and year first above written. IN PRESENCE OF: SUSAN C.WARD 08/',1,5/04 THLT 08:33 FAX 516 799 9631 COMMONWEALTH Z 005 STATE OF NEW YORK,COUNTY OFF'"- STATE OF NEW YORK,COUNTY OF SS.: On the 2e day ofr 7ht the wwdo be re rne, the undersigned personally appeared [[ On the day of in the year ,before me, personally known to me or pawed to me On the baals of the undersigned personally appeared saWactory evidence to be the Indlvidual(s)whose names) par"nally known to me or proved to me on the basis of is (are) subscribed to the wkhln instrument and satisfactory evidence to be the Indnridual(S)whose namE.(s) acknowledged to fia that he/ehefthey eXecutcd the same In is (are) subscn'hod 10 the within instrument and hisM9r/their capacity(Ees) and that by his/harlthelr acknowledged to me,that hefshc*ay executed the write.in signature(e) on the instrument, the Individual(s) or the hie/hedtheir capaoity(fos) and that by his/herAkeir person upon behalf ofhrhlch the indivl ua1( executed the person ure(s) be the instrument, the indi S),a ec a he instrument. ,..-L�" person upon behalf ofi which the indiVdual(s),eXacuted?he instrument. Holm t'�Ict WO Off RMY84 Nu.41TAW2688 OwIllied Irt Suffolk C��gv,__ Commission Explres May s0, wargain IutD'O)RIC 33Ceb WITH COVENANTS AQAINST GRANTOR'S ACTS SECTION 55 TITLE NO. BLOCK 2 SUSAN c WARD T LOT 5.002 COUNTY OR TG*N Suffolk TO Recorded at Request of CATHE'RINE HEA4Y KANT.I.ER RICHARD C%WARD Return by Mail to SrAIWARn aor :MINWOonaoaF>TnF uivopiwena�eCATHERINE HEALY KANZLeR,ESQ. fedby 431 Greene Avenue Sayville,New York 11782 631-218-1416 v K, a o w r m m oma.; a� N • u '1'It>1NSAC'1'I:UNAf. U.1:SCLilStliir rOtiH The Town of SouLhold's Code of 13billcd litolliblbs contiicL's or. interest on the p_z�t.l of Li4ii o[flcers• Mid emplotees. The ur ose of tills Lorin is to ptoVide liifo.riliaLioii wllleii Cali alert the town of oss'ible colifllcte of llitete5t alld allow It to take' whatever act on !s iiecessa—y to avoid saind, YOUR NAHIit Richard G. Ward and Susan C. Ward (bast namr_, first 'name, middle 1111E—M, (In leRF; r you are apply"Cl lh the name of someone e1no or other entity, such as a Company. If so, .lhdlc7l:e Lila other person`s or comiiatiy's name. ) NA,.Ut)Rr OP AVVt,ICAT.I:0Ne ((_,he(:k a.l.l. Lhab Apply. ) Tax grievance • Variance _ Change of zone Approval of plat R.kemption from plat or. ofr;l.clai uiap other (IE '+Other," name the acLivity. ) _ XX M5CjbdiyiSI0Q- (0I 1 t NP ehpnjp Ilo YOU perttonal..ty (br i:litoirgji yblir ecii"10itiy. 61idilne, allil.ltigi paten+;, or child) have :i telationtililp i.i Lll any brf icet itr • empioyee of rite Toi►h of Soul:lioiO "ttel:iblohgli.lp" ltlt±ilide» by blood, marriage, or busing-tti; liiberenei . "lludinektit lnteresb" tneahii ti liuslherta; iiic.tiicl,i.tiy ti ir:irLtieti;lilp+ ill triilclt the tovri aCClcer or 'employee flat; 'evini A partial ovtleriihip of (or einplaymetit liy) •a coepcirntloh lit trlilc i the L-own•oEficer or' employee ot+rii:j more than 57Y of the abares. J No XR Ir you answered "YES," comp.ldbe bile ba.l.ahce of Lhis •CoI-6i and date and sl:gn :there itidlcab6d. Name of person-employed by the Town of Southold Title or posibioh of that person 15escribe bite relationship beLweeh youreelf (the' a Opt(caitt) and the town oEficer or. employee. t(tlier check the appropriate line A) through b) and/or describe In the trpTce Provided. 'flie L•owit oEr•icet or employee of 111d or her spoiis6; 616(1Nt)1 Patent, or child is (check ail: Llitlb apply) t A) the ownei^ of greater than, •596 bf the tandrei3 0[: this Cotporate gLoctc oC .tlte• �ilipi lcaiib (111101i III-•atilt IdZilit is a corpornt(on)r M) bile tegpt or benertc:bil turner of any Itibeteiit• l.ii a honcotpotate ent(Ly (++bell Ll'le. at,liilcaliL ira hot ti cof•porablon)j C) an officer, dltect:bt, p i tiler. ; dr emlil.6yee bf Lile applicahb; or ' . b) the actual appticaut. brsctil.h'ViON or IirLA'1't()NSIIt1` •;uhnll ti; 11 11 s Ua I,•► of A August, 2004 ,lynal:,nee _ _ _ • --Richard G: Ward I'r I ill: n:im� AII I'll I.CitN'L' 1ll)1NSAC'I'l:UNnL. I),ISCLUS(IIiR L'ot(H The Town of SoUthold's Code of CAlics roltlbita conflicts vE inlereat_on the pOK-1, o[_towit ofllcers, and employees. The Purpose Of this LvFjjajj��ma fo_rma-Ion which call alert the toxn oCoC abf titecest a11c1allow it toto take whatevej% tv avoid salve. ' OUR NAKH: Richard G. Ward and Susan C. Ward (1,ast name, flrRt 'name, middle Ihlt:lal,' •unleFs ' You are applylncl it, the name or. someone else or other entity, Stich as a company, lE so; iitcllr_al:e the• other person'S or comi any's name. ) NA'.rt)Rr br A('rL.ICAT.I.'0N: (r,hecic all that apply. ) 'I'ax gr.tevance varlartce Change of none Approval of plat rx•emption from plat or. ofr:l.clal nlnp — other --- (IE ''other," name bile activity. ) XX M5(ubel;w,•sn)A- jo+ law-e pO you personally (or bltrbug)i your ciampstny, pliotinc!; a'ih.lintl; parent; or child) have a rrexaltionrjhip iril:lt any OCf ieer or employee of bite Town Of SOutholdl' ^helationskip" inclltder* by blood, marriage, or busineae interest. "Iluginesn Interest" mcarto a bu"lrtesn, iiic.Luding a p:trl:nersltlp; i.n which tile town OfEtcer or 'employee Ira" even a partial ownership of (or employment by) •a Corporation lit which bite bown-,OEEIcer or' e.tnployee owns more I; t Irhn 57►: Vf its . "Maces. / — Yrs No XX if you answered "Yrs," comp.lete the balance of this •form and data and sign vliere indicated. Name of person•employed by blip TOwn or: Southold Title Or position of that person Describe the relat1011841p between yourself the' a and the town officer or. employee. Either check tj P.11canb) appropriate line A) through 1)) and/or describe In the Apace ptovidedi Elie town officer or empl.Vy�e or hlti or her spouse, s1bllhy;parent, or child is (check all.: bFt�b appl'y) , A) the owner of gr:eabpr titan, •5% of bite shares of (;Its corporate stock OU.-the• applhcanb (whew.:blip.a),pllranL . is a corporatlon) t 13) bile legal Or benerlcla.l owner or: any Interesbn, 1. " a noncorporat•e eltblty (wlrt?.tl the ahpll.car,t LA Wert corporation), C) an OEflcer, dlrect:oe, part ner. , de' empl.oy'ee or- lie appiicatttl or o) the actual ippticant. I)rSCRI�'l'hON of Rrt,AT[.oNSIIII' AP0,1 , 2 00!� SiI hill I I:Lr?rl •tills _ _rlay Slg fin i:.ute 1'r I ul; ,I mp_ Susan C. Ward 14.184 t2/87)—Tekl 12 j 1 PROJECT I.D.NUMBER 617.21 Appendix C State Envirdtimelttat QUaitty hdviow SNO11T EN11IAONIAtNTAt ASSESSMLNT Poi h I F&UNLISTED ACTIONS Otily ' PART I—PROJIrCT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR . 2. PROJECT NAME Richard G.EWArdnd Susan•C. Richrd G. Ward and Susan C. Ward Ward Lot Line Change 3; PROJECT LOCATION: MUnlclpallly Southold CoUnty, Suffolk 4.'PRECISE LOCATION(Slreel•addrbss and road intersections,prominent1andniarks,elc.;or provide map)) 4006 Old North Road, .Southold; NY, 11971 (SCTM 1000-55-2-5.2) 4400 Old North Road, Southoldi NY, 11971 (SCTM 1000-55-2-5a3) S. it PROPOSED ACTION: d NeW Expahslorl ModiflCallOnlalteratlon 0, DESCRISE PROJECT BRIEFLY: reconfigure .2 existing lots (proposed lot I is ,mprove w single family dwelling; proposed lot 2 is presently vacant) to preserve lawn and land- scap�-ng on' proposed lot 1-in addition to maintaining natural woods present on both lots ' 1 and 21 Reduction of present right of way from 50 feet to 20 feet in 4idtha T.. AMOUNT OF LAND AFFECTED: - :.. Inlllally 90,682 sa. ft.- Uitlmatety 90,.682 scr, ft.acres _�.-- �iT v I� 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RES iCjlq e? �� ��,, Ll• ti ®Yes ❑No It No,describe briefly tl`. q 1� g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECt! 4 � i�Residehllal ❑IndbstrIal El Commerclai ❑AgricUllUre h Park/Foresli0pen Spacr# Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,Op FUNDING,NOW OR ULtIMAtELY FROM ANY OTH0 GOVI RNMENTAL.AGtNlJ!(000AL, STATE OR LOCAL)? Yes' ❑No It yes,its(agency(s)and perml(/approvais Southold Town Building Department; Suffolk County Dept. 'of Health Services (approval of well and septic system) and Southold Town Board of' Appeals-variance will be required. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ❑No It yes,flat agency name and permit/approval .Proposed lot 1 is fully developed with appropriate permits and certificates of occupancya 12. As A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yeallo I CERTIFY THAT THE INFORMATION PROVIbEt)ABOVE IS TRUE T THE BEST OF MY kNOWLtbat Applicant/sponoor• hal�_ai=adW rd & 'Susan C. rd ba`. August 10. 2004 sldnatUre: APR,I 91, 200 It the 901on is in the 'Coastal Arear add ydU.ttre a btate agshcyl dohipIdte the Coastal Assessmedt Porni beloi'e pFoceeditig With this assessttietit Town Of Southold c •` "`�` P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/15/05 Receipt#: 6592 Transaction(s): Reference Subtotal 1 1 Application Fees 55-2-5.2 $500.00 Check#: 6592 Total Paid: $500.00 JUN152005 y Pfa,• ar ___� 1 Name: Ward, Richard &Susan By Jennifer Gould Re-sub, Lot Line change Clerk ID: LINDAC Internal ID:55-2-5.2&.3 MAILING ADDRESS: PLANNING BOARD MEMBERS ��QF SO!/ryo P.O. Box 1179 JERILYN B.WOODHOUSE �Q �� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Co- Town Hall Annex KENNETH L.EDWARDS �pQ 54375 State Route 25 MARTIN H.SIDOR ��l (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON yCQUffm� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM JUN 15 2Q05 To: Elizabeth Neville, Town Clerk Southold Town Clerk From: Planning Department Date: June 14, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# Ward, Richard & Susan Re-Sub. 55-2-5.2 & 5.3 $500.00 6592 Appl. Fee enc(s). —- --- -- 01 SURVEY FOR LOT L I NE ' GHANGE 51 TUATE: 5OUTHOLD TOWN: 5OUTHOLD - 5UFFOLK COUNTY, NY ` SURVEYED 08-03-2005 \\ ,LOQ� �� V REVISED II-0I-2005 SUFFOLK GOUNTY TAX #'S ` c 1000-55-2-5.2 _ .. 1000-55-2-5.3 y s Richard 1ChardGn.Wardx x _ Susan C.Wand 440 Old North Road Southold,New York 11971 Old N o 4 S,0 0S9�.. lvorti/]]�/j/ S E .E: o 3 016,H \ w oco - ' l2.1 Fr or ----I-621----- o mey " ""' 1 1 I f 6— a� Use / / ;\ f �= p0 1 I1/ c- �a' J i ,Y LL BE I a �. � S T to Sara e �$ LO (�t= St as z y L- � I epk S ?' �� 1T- t. deg ni?i:_ 23. <'44 z I LOT I rgme.. ; I E N85of •� r—, _ —N85°3O'50"W 14 1 >' 4"'O"vq 105•I Q—c� 1-T - - — _ 0.00_ 583 _ _ 1 INS— —1 -- v N EXISTING PRO ERfY -" - f - ; LL 4 Ij - Q ° x ; o= zQ C) J BUILDING ENVELOPE / I _ Q,; CN PAV O BUILDING ENVELOPE 7.5'W O ® O � 1 1 I lL O z L 1 1.80.65' ; Wig= o N85°30'S0 � 11W • 6 29 L ._ LL 0L 1 O L i z 6 well.; Land Now or Formerly� ormerly op: I J Richard Ward ®F f G. F-P,L�by (1000-55-2-5.1) I NOTES: ; l'SFQ L0 MONUMENT FOUND AND 1 0 PIPE FOUND 1 .ullw lz.zA nllernprni,.,n.b lil inn l!•a wn.o, OVERALL AREA = q0 681 SF OR 2.08 AGRES AREA LOT I BEFORE LINE CHANGE = 50,525 SF OR 1.16 AGRES 1, + AREA LOT 2 BEFORE LINE GHANGE = 40,158 SF OR OA2 ACRES { "� AREA LOT I AFTER LINE GHANGE = 4851G SF OR 1.I1 AGRES N I.' A `11 1 1 11 1,1 t r ' . AREA LOT 2 AFTER LINE GHANGE = 42,162 SF OR OA-7 AGRES --.] ..++'•.^I1Y-A'. a.Fe++c.\:. . I N , I wl 1 1 F I ZONING 015TRIGT AG - 5ETBAGK5;BASED UPON NONOONFORMING LOTS - JOI- N C. EHLERS LAND SURVEYOR I 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 6RAPHIG SCALE 1"= 50' _ RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.Z:\pros\05\05-247.pro IIA/]009 109e.ON, I wVS.PI], SURVEY FOR LOT LINE CHANGE A T SO UTHOLD TOWN OF SO UTHOLD a° SUFFOLK COUNTY , N. Y. N° rH 1000-55-02-S.,Z,5.3 F0A SCALE: 1' = 50' U __�4 _ NOVZMD 30, f998 SITE rr���Y�� �� 'R Jan. 30, 1999 (revision) a JUiO" 29, 2004 ( LOT LINE CHANGE). o P -J 75 8q. ft. v i f .. r ti ' JUN - 2005 = 8.522 sq. ft K KCALE:EY MAP o i Li' z IMF �0- E 18.649 sq. ft. ls>3 R0-4,0 42,160 sq. ft. I � 3 ;;,376 r1.s UTILITY . 720 E POLE i 1380' + to Middle Road w / PE 1 "S i FR o PIPE _ v 1 cAR. O I o I co4�2, mac` � O Z 62.2• � I � 00 L / I �24N M / l .6 N StY. 6 o I� l - 25 ' �o.if `, N 36.2. ARN bN I e 1 i I N 85'30'50" W N 85+0 50 W I i .. �19' , {� I 140.00 1 30 W ` 105: S 8�.3 — fi � UTILITY � � �— � � c� � 50.01I 0� POLE l�v� d v I 1l IO Ok I O '�\ ® f 16,647 sq. v� `r-�c`� W ft. , ��23,511 . R, y -q fit. _ I UTILITY w _ 0 o d PROPOSED, PROPERTY LINE . POLE - o 112.63' Q_ - es S 85'30'50" E I 180.64' 04 25 — 293.27f I _ 2srzq i N101F VERITY z OWNERS, R,CHARD G. WARD & SUSAN C. WARD 440 OLD NORTH ROAD - — SOUTHOLD, N.Y. 1197111/0'4 .tea a '2 ION! ZONING DISTRICT - AC NEW�4 ���.M LE rrQ���' AREA = 90,682 sq.ft. , CONTOUR LINES ARE REFERENCED TO THE FIVE EASTERN //� l � N �� L1C. NO. 49618 TOWNS TOPOGRAPHIC MAPS -r ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ECG hl lb C. OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW (516) �a EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS P. 0. BCJn _ HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 1230 TRAVELER STREET SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 98—3 6 0 WHOSE:SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 3 SURVEY FOR LOT -LINE CHANGE AT SOUTHOLD, r z TOWN OF SO UTHOLD ' SUFFOLK COUNTY N., "Y. N H 1000-55-02-6.1, 6.2, 5.3 SCALE: f' = 50' F 1VOYEYBER 30, 1998 `,' SITE Jan. 30, 1999 (revision) a 31,875 sq. ft. t r = KEY MAP ,? 48,522 sq. ft. f} SCALE: 1..=600 0 1 CMS 70'59 00'. *OAT$ E 18,649, sq. ft. 1,57 32. RO,q� "42,160. sq. ft. z 1 S 32 7 376 4o., c UTILITY 2' POLE x 1�2 13, 144.25. Go °�° 1 PIPE . 1380' + to Middle Road cc rmq 'd' r ysf \ O ry O 2. - \ o -62.2' `� 4 2 `* b�� �i 2 woo eck 00 O ' �t CV LO c M 8.6 1 gf ^ In o„ NCL - I N. 85'30'50" ' N 85'30'50" W W 02 140.00' S •31'30" W 10 9 + _ UTILITY_ 83 50:OO: ' � POLE I a, r f % r O tool r a O ENOE Ls, w o o J 9 16.647 W sq• ft. cl) I q 23.511 s N ft. LINE UTILITY PROPOSED PROPERTY POLE 112.63' a. \ Lu S 85.30-50" E 180.6.4' 0 293.27' r� rn p N 0 � 3 ►� 5. 1 Z 40.000 S.F. O 00 0� I� N w O - PIPE cn °3 W N 76.27 '3 N 296.97, PIP FEB U 5 2001 GRIO o2N NIS % 2.0E SautftoldTown ZONING DISTRICT - AC - - -- I " Ranaft Board F ° 4 of NEW you rI � ' f P�� t• MEt2G y AREA = 130, 682 S.F. ,..� ��, � ' NO. 49618 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ECONIC EX(�Rgb�, vD OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, (516) 765 . p S: EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS A HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P. O. .BOX 9 " SAID MAP OR COPIES BEAR THE IMPRESSED SEAL of THE SURVEYOR 1234 TRAVELER STREET "J O —3 6 0 WHOSE,SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971