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Home My WebLink About1000-109.-1-7 G r n( W FZ { it > N W Q u ✓� a Om�2 O Q 0 Lai ZZ P co 4'0� � 2 Lc I LZ oy " cp �O O � JO �.O� a Vrmmm= ,� �� OD ��N O�� j2" oo ° WMo�o Q W (1)WM l `° PCk ' �QLijr o J Q,N�,N� o° - UQ �pYc NN �u ti a�-��ofo zoS -ujeo a I� O J003JI,J 2ZW � J � ��Q � � Q � I� OJJ2�� N�� QQO�I -- ------ O O co � i h Ian s �Y ui {... : �F Nu KL - - \ Za QONU N poi cP y ,ARCS k01�3 '0 4 ZSL `50. 6 N I o r b 2 1 wa � O Al 75 PRoP��6 lap e LD J915, gr°J \� NNW +'` +h�IG 62 � S,aor • G to Opp s to r o / CC z ° 1 310 g9 u � \ �4 3� o ZA'3h'�pe C OSS �b hii Uo ff h 3� N 1 7r �QSQFF0(/f'CO MAILING ADDRESS: PLANNING BOARD MEMBERS �.r0 �jy P.O.Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair y OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS �� 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. .SOLOMON Telephone: 631 765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2005 r Ms. Diane Alec Smith 22445 Main Road Cutchogue, NY 11935 Re: Proposed Lot Line Change for Diane Alec Smith Located on the north side of NYS Route 25, approximately 2,700' west of Alvah's lane, in Cutchogue CTM#1000-109-1-7 Zoning District: R-80 Dear Ms. S h: The Southold Town Planning Board, at a meeting held on Monday, February 14, 2005, . adopted the following resolution: WHEREAS, this proposal is for a lot line change which will transfer 23,419 sq. ft. from Lot 2, which has an existing lot area of 85,265 sq. ft., to Lot 1, which has an existing lot area of 85,265 sq. ft.; and WHEREAS, following the transfer, Lot 1 will equal 108,684 sq. ft. and Lot 2 will equal 61,846 sq. ft. where 80,000 sq. ft. is the minimum area required in the R-80 Zoning District; and WHEREAS, the Zoning Board of Appeals granted a lot area variance on October 7, 2004 for the proposed action; and WHEREAS, as a condition of granting the variance, the Zoning Board of Appeals imposed a maximum coverage restriction of 17,053 sq. ft. on Lot 1; and WHEREAS, the Southold Town Planning Board granted conditional final approval for the proposed action on November 8, 2004; and WHEREAS, the applicant has filed new deeds and Covenants and Restrictions and has submitted copies of same to the Planning Board as required by the conditional final approval; therefore, be it Smith — Page Two —2/15/05 RESOLVED, that the Southold Town Planning Board grant final approval on the survey prepared by Peconic Surveyors PC, dated May 27, 2004 and last revised August 2, 2004, and authorize the Chairperson to endorse the map. Enclosed, please find one copy of the map that was endorsed by the Chairperson. Please contact this office if you have any questions regarding the above. Very truly yours, Jeril Woodhouse Chairperson encl. cc: Tax Assessors Building Dept. Pro'eepcty�Sttatus Report for Re-Subdivisions (Lot Line Changes) i �iil""' 5"w"G �� aOY {i�yl� k ii i�i �Stli ik� ) tY Y Y 11,; ✓tt'r 4 i , y J it rI U r Ii ( ❑ ri �i p�..d, `Ii� i �.,;ti yiY_.; i. 1 YI y c, Y II Application Dates Pre-Submission Conference) n / SEQRA Determination / 0 Application Received 04 �py SC Planning Commission Referral n Application Fees Paid /o 116 l oq SC Planning Commission Comments NIA- Application Reviewed at Work Session) Conditional Final Approval I i I Y I ti N Fire Department Comments 6 I� Final Approval 2— Engineer Conference n 14 SEQRA Coordination UYI ccold(l% Public Hearing Waived Public Hearing Date no hlG/NI q Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: f on opf PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. =.r� y Town Hall, 53095 State Route 25 Chairman O P.O. Box 1179 WILLIAM J.CREMERS co Southold, New York 11971-0959 KENNETH L.EDWARDS Q Telephone (631) 765-1938 GEOR ICHARD CAGGIANO JR y�0 Fax (631) 765-3136 PLANNING BOARD OFFICE 't� / I TOWN OF SOUTHOLD (J� Subdivision Application Form Name of Subdivision: f C C�') ��l 0 5 Oro. Suffolk County Tax Map# 1000- / Q 9 01 . 01 Type of Subdivision: Major Minor Set-Off ot-Line Cluster Subdivision: Yes No Hamlet: O(A-K h 0 U-P Street Location: Z-L U u 5 ► Y1 c� i n d �i'i I� L, OCT 2 6 Acreage: '-I A Number of Lots: /2 Zoning District: Date: d "'^-r"� °?-O o—I • • Please list name, mailing address, and phone number for the people below: Applicant: —01 ►t NE I-ec �s rh +PI 2,2-L4g5 MCx , n td u�tho 1 V Agent handling the application: —D i MK/C (Contact Person) Property Owner(s): i AAJfAS Yh t i Surveyor: N Ch n C(, cx✓v�y - �h r) Engineer: Attorney: ecL✓a,K a� n y"-s 120✓4- Other Agent(s): • Has this property had a previous application to the Planning Board? (�iep No Has this property previously received a SEQRA review? Yeses"/ Have you had any pre-submission conferences with the Planning Board? No Does this application have variances from the Zoning Board of Appeals? No S / A 1-Appl. No. �� Date Oc A `1 2-OQk4 Is this property adjacent to any bodies of water? Yes Are there any wetlands on the property? Yes Are there public water mains in an adjacent street? Yes V Is public water proposed for the subdivision? Yes I� Is the majority of the property forested? Yes nCt�l Is any part of the property in active agricultural use? Yes Is there an existing or proposed sale of development rights on the property? Yes8 Is there a mortgage on the property? Yes Does the owner own any adjacent properties? Yes Are there any building permits currently pending on this property? CO)vv Yes No Signature of Preparer (/�Q 7(G(iti�' Date dM y 1� • APPLICANT • T IlANSA CTIONAI, Orscr,IsfiRR FOlifi The Town of Southold's Code of 61,111es Prohibits conflicts or interest on the part, of_Cowu officers and employees. The l-ur ose of tills form is to provide lnf ormatlon which can alert the town of j ssible confllcta of Llterest and—allow it to take whatever action Ls necess�la ry to avoid same. YOUR NAME: -- (Last name, first Lame, middle L,l bla l, un less you are applyincl In the name of someone else or other entity, suci, as a company. If so, indicate the other person 's or company's name. ) NATURE OF ApP1,1CA'1'ION: (Checl< all. that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or or.fl.clai map Other )C ) ��..y (If "Other, " name the activity. ) t--V , L ) YVE� C.h AYaGC/ Do you personally (or through your company, spwme, 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-. "numineen interest" means a bnginenn, including ,l partnership, in vhlch the town officer or employee has even a partial ovnernhlp of (or employment by) a corporation in which the town officer Or employee owns more than 5% of file shares. -- YES NO 1— If you answered "YES," complete the balance of tills form and date and sign where indicated. Name of person employed by the 9'own of Southold Title or position of that person Describe the relationship between yourself (theappltcant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe In the Apace. provided. Vie town officer or, employee or hie or her spoilse, alblluq, parent, or child is (check all that apply) , - A) the owner of greater thao5% of the shares of the corporate stock or bile appltcant (when =theappl.lean l; . is a corporation) ; D) the legal or beneflcia.l owner of any interest In a noneorporate entity (when the applicant is net a corporation); C) an officer, director, partner, or employee of tileapplicant; or D) the actual appll.caut. DESCRIPTION OF RFLNPIONSIIfI' Sulnul t.ted this ___day /o�C 199,_ 617.20 AppeneEr A State EnvironmentalOtiaity Revlow FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ® Part 1 F1 Part 2 El Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑X A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDMONED negative declaration will be Prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Lot Line Change for Diane Alec—Smith Name of Action Planning Board of the Town of Southold Name of Lead Agency Jerilyn B. Woodhouse Planning Board Chair Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer gnature oy esponsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date Page 1 of 21 • PART 1—PROJECT INFORIOION Y Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies,research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION (include Street Address, Municipality and County) NAME OF APPLIC T/SPONSORS BUSINESS TELEPHONE I ,g1Vb e7L �'m , r �e (Nt) 73t1- ADDRESS 77.Lf(4:� Rirt/ Jed CITYlPO STATE ZIP/`4�� NAME OF CIMER Of different) BUSINESS LEPHONE (' I ADDRESS n. CITYRO . STATE ZIP CODE DESCRIPTION OF ACTION LU-r G 1 AJ L: C Ff A ft/h� Please Complete Each Question-indicate N.A. if not applicable A. Site Description Physical setting of overall project both developed rind undeveloped areas. 1. Present land use: ❑Urban ❑industrial ❑Commercial ❑Residential(suburban) *12%ural(non-farn ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: �'� r acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) ✓ acres ✓ acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25.of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres — acres 3. What is predominant soil type(s) on project site? a. Soil drainage: t�[Well drained % of site ❑Moderately well drained % of site OPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the h Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes fi!Dqo a. What is depth to bedrock? (in feet) 2 5. Approximate percentage of Wed project site wish slopes. 100-10%•_� % ❑10-15°/ 015% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Dyes '-40 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes JgiiiNo 8. What is the depth of the water table? SO (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes 'QN0 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes Na`o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes f]s(o According to identify ea;h species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) OYes NNo Describe 13, Is the project site p i presently used by the community or neighborhood as an -open space or recreation area? OYes 13No If yes, explain 14. Does the present site include scenic views known to be important"to the community? . OYes ONO 15. Streams within or contiguous to project area: - N1p a. Name-of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existingONO public utilities? OYes a) If Yes, does sufficient capacity exist to allow Connection? Oyes. ONo b).If Yks, will improvements be necessary to allow connection? Oyes ONO 18. Is thersite located In an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? OYes 040 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the.ECL, and 6 NYCRR 617? OYes ONO 20. Has.the site ever been used for the disposal of solid or hazardous wastes? OYes Flo B. Project Description 1. Physical dimensions and scale of project( III in dimensions as appropriate) a. Total contiguous acreage owned or c ntrolled by project sponsor acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undevelopie acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate ercent of expansion proposed f. Number of off-street parking spaces exist ng proposed g. Maximum vehicular trips generated per h ur (upon completion of project)? h. If residential: Number and type of housin units: One Family T o Family Multiple Family Condominium Initially Ultimately i. Dirgensions (in feet) of largest proposed stru. ture height width; length. j. Linear feet of frontage along a public thoro ghfare project will occupy is? ft. 3 2. How much natural matele(i_e., rock, earth, etc) will be removed fr0he site? ions/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ❑No i4N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes ❑No c. Will upper subsoil be stockpiled for reclamation? OYes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? acres. 5. Will any mature forest (over 100 years-old) or other locally-important vegetation be remove by this project? ❑Yes (1lo 6. If single phase project: Anticipated period of construction months, (including demolition). T If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of,commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes IWO 8. Will blasting occur during construction? Oyes M o 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? OYes 1!fNo If yes, explain 12. Is surface liquid waste disposal involved? OYes WO a. If yes, indicate type of waste (sewage, industrial, etc.).and amount. b. Name of water body into which effluent will be discharged 13. is subsurface liquid waste disposal involved? Oyes L7N0 Type 14. Will surface area of an existing water body increase or decrease.by proposal? OYes 040 Explain . 15. Is project or any portion of project located in it 100 year flood plain? OYes ONO 16. Will the project generate solid waste? Oyes 'dNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes C4No c. If-yes. give name _ location d. Willfany wastes not go into a sewage disposal system or into a sanitary landfill? OYes &NO e. If Us, :explain `— 17. Will the project involve the disposal of solid waste? OYes MNO a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what Is the anticipated site life? years. 18. Will project use herbicides or pesticides? Oyes Lsi`NO 19. Will project routinely produce odors (more than one hour per day)? Oyes &o 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes - No 21. Will project result in an increase in energy use? DyesO If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallonsfminute. 23. Total anticipated water usage per day _1 gallons/day. 24. Does project involve Local, State or Federal funding? Oyes 6610 If Yes, explain 4 25. Approvals Required: • • Submittal Type Date City, Town, Village Board 0Yes ONo City, Town, Village Planning Board Dyes ONo City, Town Zoning Board Dyes ❑No City, County Health Department Dyes Into -- Other Local Agencies Dyes [,�No —_ Other Regional Agencies OYes L3'fNo - State Agencies ❑Yes E3No Federal Agencies � ❑Yes )!3No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? Oyes ONo If Yes, indicate decision required: Ozoning amendment ❑zoning variance Ospecial.use permit 0subdivision ❑site plan Onew/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? Lrq L. i Y1 e. than:V= 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4;4WIiatAsAhe.propased zoning.of.the.site?. 5. Whatds the maximum potential development of the site if developed as permitted by the proposed zoning? 6. 'Is.the proposed action consistent with the recommended uses in adopted local land use plans? Dyes ONc 7. What-are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y mile? Oyes ONc 9. If.the proposed.action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorizations)for the formation of sewer or water districts? ❑Yes Mc 11. Will-the proposed action create a:demand;forsany:'community:provided;services (recreation,:education; police fire protection)? Oyes ONo a. If yes, is existing capacity sufficient to handle projected demand? Dyes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes' ONo a. If yes, is the existing road network adequate to handle the additional traffic? . ❑Yes ONo D. Informational Details 5z'£ A/£A,��j� // �,✓�d /� !f/�T£�Q 5�,�ft Attach any additional information as may be needed to clarify your project. If there are or may be any advefef Impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate o avoid them. E. Verification certify that the information provided above i true to the best of my knowledge. Applicant/Sponsor Name /] Date Signature �T� 1 Title A'WX4__1 rJ If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedini with this assessment. 5 ' 14161(2/87)—Text 12 PROJECT I.D. NUMBER 617.20 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 7)/14 NE Auc. SM (ni - 9. PROJECT LOCATION: (� Municipality UTC HOC/ (. County, el ut,'F r L 11, 4..PRECISE LOCATION(Street address and road intersections, Prominen6landmarks, etc., or provide map` -7,-LL-(L(5 YYIAtrJ RD 5. IS PROPOSED ACTION: aa� ❑New ❑Expansion Iti Modification/alteratien 6, DESCRIBE PROJECT BRIEFLY: LtlT Ll tvE CF+A-1vrxE 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? to Yes ❑No II No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? MResidential ❑industrial El Commercial -DAgriculture ❑Park/Forest/Open space El Other Describe: 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL.AGENCY(FEDERAL, STATE OR LOCAL)??,..y� El Yes LUWo If yes, list agency(s)and permit/approvals 11. DOES ANY ASP CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑yes l.�0 If yes, list agency name and permlVapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ONO 1 CERTIFY THAT ,,THE EIINFORM/ATIIOON�PROVIDED /L ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcant/sponsor name: �I ig-& //( 6e,!y�1 r rT Data: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Town Of Southold )llrt� P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/09/04 Receipt#: 2415 Transaction(s): Subtotal 1 Application Fees $500.00 Check#: 2415 Total Paid: $500.00 1 Name: Smith, Randy& Diane 22445 Main Rd Cutchogue, NY 11935 Clerk ID: LINDAC Intemal ID:101673 Submission Without a Cover Letter Sender: /a tit 4/eC. p/{J'I /7y'I 7a7'(077l Subject: GT L n/ICI CH 4 fVG 6 61)G-7. 00 SCTM#: 1000 - 100, 0 O Ol. 0 v Date: �,6 (P OlJ i Comments: C` +°� I f� JAN I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III)IIII I illlll IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/08/2004 Number of Pages: 3 At: 01:03 :49 PM Receipt Number : 04-0134238 TRANSFER TAX NUMBER: 04-19225 LIBER: D00012359 PAGE: 322 District: Section: Block: Lot: 1000 109 .00 01.00 007 .001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTM $0 .00 NO Transfer tax $0 .00 NO Comm.Pres $0.00 NO Fees Paid $154 . 00 TRANSFER TAX NUMBER: 04-19225 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County I Number bfpages RECORDED :004 Dec 0£ 01:03:49 PI'-1 TORRENS Edjard P.Rootaine CLERK OF Serial # SUFFOLK COU NT,' L D000120-59 Certificate# P 322 DT# 04-19225 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee Mortgage Amt. Handling 5_ 1. Basic Tax _ I TP-584 S 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assn. EA-5217(State) Or Spec./Add. RP.T.S.A. 50 ,yCsZ �17r TOT. MTG.TAX Comm. of Ed. 500 Dual Town Dual County Held for Apportionment .- Affidavit �+� _ `�♦ Transfer Tax s +� Certified Copy S �� Mansion Tax / The property covered by this mortgage is or Reg. Copy / 5� will be improved by a one or two family c� Sub Total dwelling only. Other �_> / YES or NO GRAND TOTAL i, If NO, see appropriate tax clause on page # of this instrument. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. I Section I Block I Lot C/AaNideration Amount $ Stamp 04051382 1000 10900 0100 007001 ep Tax Due $ 1000 10900 0100 007002 Date P T S �_pro R DHO A _ ve Initials 03-DEC-0 Vacant Land 73 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD V RECORD& RETURN TO: Susan M. Cardinale Esq. TD TD 1451 Main Road PO Box 2021 Jamesport NY 11947 8 Title Company Information Co. Name Title # Suffolk Coy County Recording 8-, Endorsement Page in This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) Diane Smith The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Township of Southold Diane Smith In the VILLAGE or HAMLET of Cutchoaue BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 0 • BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER-BEFORE SIGNING. THIS INDENTURE, made the 1 st day of December, two thousand and four, between Diane Smith, residing at .2 445 Main Road, Cutchogue NY, party of the first part, and a/k/a Diane A. Smith a/k/a Diane Alec Smith Diane Smith, residing at 22445 Main Road, Cutchogue NY 11935, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten 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 at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows: PARCEL ONE: BEGINNING at a point on the northerly line of Main Road(NYS Route 25) at the intersection formed by the northerly line of Main Road (NYS Route 25) with the westerly line of lands of Diane Smith, said point and place of beginning being a distance of 2849.39 feet as measured along the northerly line of Main Road (NYS Route 25) in an easterly direction from the intersection formed by the northerly line of Main Road (NYS Route25) with the easterly line of Elijah's Lane: RUNNING thence from said point and place of Beginning in a westerly direction along the northerly line of Main Road (NYS Route 25) south 59 degrees 20 seconds west a distance of 120.69 feet along the northerly line of Main Road; THENCE north 28 degrees 58 minutes 00 seconds west of Smith a distance of 140.00 feet to a point; THENCE south 59 degrees 59 minutes 20 seconds west a distance of 200.00 feet; THENCE north 24 degrees 34 minutes 01 seconds west a distance of 310.89 feet along land now or formerly of Cross; THENCE north 66 degrees 02 minutes 50 seconds east along lands now or formerly of Cross and lands now or formerly of Cross a distance of 302:27 feet to a point; THENCE still along lands now or formerly of Smith, south 28 degrees 22 minutes 20 seconds east a distance of 417.72 feet to the northerly line of MainRoad (NYS Route 25) and the point or place of BEGINNING. BEING part of Suffolk County Tax Map number 1000-109.00-01.00-007.000, which lot line was changed by resolution of the Town of Southold Planning Board 11/8/04, and having a n approximately area of 108,864 square feet. PARCEL TWO: BEGINNING at a point on the northerly line of Main Road (NYS Route 25) at the intersection formed by the northerly line of Main Road (NYS Route 25) with the westerly line of lands now or formerly of Island Vinevards, said roint and place of beginning being a distance of 2698.38 feet as measured along the northerly line of Main Road (NYS Route 25) in an easterly direction from the intersection formed by the northerly line of Main Road (NYS Route25) with the easterly line of Elijah's Lane: RUNNING thence from said point and place of Beginning in a westerly direction along the northerly line of Main Road (NYS Route 25) south 59 degrees 20 seconds west a distance of 1551.01 feet to a point and land of Smith; ImY w t t,stwA1I0.011 VKW "Dwo 4101lu2 M y yip point; THENCE north 28 degrees 58 minutes 00 seconds west a distance of 417.72 fet to a THENCE north 66 degrees 02 minutes 50 seconds east along lands now or formerly of Island Vineyards a distance of 151.40 feet to a point; THENCE still along lands now or formerly of Island Vineyards south 28 degrees 22 minutes 20 seconds east a distance of 401.73 feet to the northerly line of MainRoad (NYS Route 25) and the point or place of BEGINNING. SuffolkBEING Part of a number 0, which lot line changed by r solut on of theTown of S utho dPlann Planning Board101 8/04, and 0having 0a n approximately as area of 61,846 square feet. 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 HAVEAND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the j 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 ,I an year first above ritten. �1 n DIANE SMITH a/k/a DIANE A . SMITH a/k/a DIANE ALEC SMITH IN P SEN E OF: z Acknowledgment STATE OF NEW YORK ) STATEW NEW Y�3r8ic ) ss.: COUNTY OF SUFFOLK EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT F THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED C PY OF DEED /0-35-q AT PAGE —3AcZ RECORDED la 8 o'2D6 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DOD ND OF THE WHOLE THEREOF. t IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF,SAID COUNTY AND COURT THIS S*�' DAY OF Dt-Lg fPxQ- 2001 CLERK 12-0156.10/02kd •lga3 aienbs £SO`L I PQOOXa lou 1pags aBe.Tanoo lol all IMP sluuuanoo Xgoiaq luesuolaQ `p-eog SuTuusld umo j,PiotpnoS alp jo Buipu all gplm,flduroo of aapio ul flaa3 axunbs £50`L I paaoxa of lou lol slip uo 029JOA00 pol so.TTnbar ftnamld PioginoS all suarolm (£ 4-la3 amnbs y89`801 Xlaletulxoaddep,Y.Pmue asuduroososauaid-gip suaiagm (Z `ua.Tu aBuaanoo lol BUTUIgouOJ uollal.gsai pus luuuanoa u 3o BuTltU all of iba fgns 08ungo gull lol u panoTddu luau4mdOG Bulunuld PlOt pnOS 3o um o,i, agl sea.Tagm (I :uopoulsar puu luuugnO3 BulmofTO3 aql of loafgns pa,ianuoo oq llugs puu plag aq llugs sasluraid pres IwV areloop Agaiaq saop pull suotlaulsas put sluuuanoo saslutaid plus uo osodtul of pauluualap sosodmd Bons 103 seg pun sasturaTd agl uo aBuTanoa tuntulxuuT alp lotTisaT of son op luuTuioaQ •laa3 aaunbs b98`80I 3o uom alzunxoIdde up Buinuq puu 170/8/1 I preog 8uluueld PlOt pnOS 3o umos oql jo uopnfosoi,Aq poSuugo sum gull lol golgn+ `000'L00-00 I0-00'60I-0001 iaqumu&W xes,iltmoD 31lOd3nS 3o Ind DVjgg *DNINNjDaE[jo omid zo lulod otp Pur(SZ alnog SAN) puOW ul wJO gull,ilaaluou all),of laa3 ZL'L I b 3o aOu%slp u isua spuooas OZ salnuitu ZZ saat8ap 8Z gins `gj!tuS 3o,ilxauuo3.To mou spuel Buop: IIRs 21DN9111 `.lulod u OI laa3 LZ'ZO£3o aouulsTp a ssoiD jo,iliauuo3 io mou spuui puz solo 3o,Clzauuo3 .to mou spuel BuolE lsea spuooas 05 solnultu ZO saaj2op 99 gpou gDNgH L `sso.zg jo,tlTauuoj io mou puel Suolu lea3 68'0I E 3o aouzlsip u Isom spuooas 10 solnultu b£ sooBop bZ gitou gON3H.L `pgg3 00'00Z3o aousism elsom spuds !R aW'!W5B5 3 6S tlpnoggONaH L M 1 b 4 o bs S `4ulod u of laa3 00.0bi 3o aouulslp u llnus 3o Isom spuooas OO sa'nunu gs'sao'SaP 8Z g9Ou gONgH.L `.puoZf urew jo outl ,CI.Tatp.Tou all Buop;lga;69-OZI 3o aouslsip u isgm spuooas OZ saarBap 69 linos (SZ-lino-d SAN)puog ureY43o gull x1joguou aql Buolu uoclaanp XIJQlsam u uc Sumul2ge jo could put,luTod plus utoz3 aouagl ONINNn-d :out,-i smftlg;o cull Allalsug aql Imm (SZglno2l SAN) Puma u?UW jo gulf Xpotpiou agp Aq pouuoj uo400sTaluT all u10z3 uopoanp fiTalsua uu ut (SZ alno21 SAN)puog uiuW JO-lull,ilzalyrou all Buolu paznsuaur su l0a3 6£'6b8ZJO aovulstp a Butaq BunntTBaq 3o aOuld puu ltnod plus tpjjuS ouuT.G jo spuul jo gull ,Cualsam gtP EP?m (SZ alnoli SAN)PEO-I UMW Jo gull,iliolluou all Xq pouuo3 uoTloasialui all pE (SZ gpnOg SHIN) PuO2I u!uini 3o auii,Ciaagliou all uo lurod u it,9NINME)gg :,,sosiwwd„ alp se UMOU?l JoVt1LHQJoq) moloq poquosop sasTuzaxd atp3o TaUMO alp se `(lut?.T pacl alp st, of pa.T.Taja.T .taguumizq) 9£61 i AN art2ogolnD `psoZl um W SbbZZ It' VTTlptsa-1 `tlinus ausTQ Xq `b00Z `joqu-mo(I jo ARP T Slgl uo Op um sT uorlmloaQ slq,l, SNI. DMISHN QNd SINVNFIAOD JO NOI.LVHVjDgQ 21JNVHD aNIq 101 W IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed on December / , 2004. A E SMITH a/k/a DIANE ALEC SMITH State of New York: Suffolk County: ss: ( STATE OF NEW YORK SS: I COUNTY OF SUFFOLK 111 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 THAT I HAVE COMPARED THE ANNEXED COPY O DEED LIBER _ZQ.319S779 AT PAGE 3Q I RECORDED /e2 og AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL N AN OF THE WHOLE THEREOF. IIN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS g4-h DAY OF 4t�a we, d do CLERK i • • • M' J LOT LINE CHANGE DECLARATION OF COVENANTS AND RESTRICTINS This Declaration is made on this _jjt day of December, 2004, by Diane Smith, residing at 22445 Main Road, Cutchogue NY 11935 (hereinafter referred to as the Declarant), as the owner of the premises described below (hereinafter known as the "premises": BEGINNING at a point on the northerly line of Main Road (NYS Route 25) at the intersection formed by the northerly line of Main Road (NYS Route 25) with the westerly line of lands of Diane Smith, said point and place of beginning being a distance of 2849.39 feet as measured along the northerly line of Main Road (NYS Route 25) in an easterly direction from the intersection formed by the northerly line of Main Road (NYS Route25) with the easterly line of Elijah's Lane: RUNNING thence from said point and place of Beginning in a westerly direction along the northerly line of Main Road (NYS Route 25) south 59 degrees 20 seconds west a distance of 120.69 feet along the northerly line of Main Road; THENCE north 28 degrees_ 58 minutes 00 seconds west of Smith a distance of 140.00 feet to a point; 5 V ° THENCE south 59 degreMAW64[f�nds westla distance of 200.00 feet THENCE north 24 degrees 34 minutes 01 seconds west a distance of 310.89 feet along land now or formerly of Cross; THENCE north 66 degrees 02 minutes 50 seconds east along lands now or formerly of Cross and lands now or formerly of Cross a distance of 302.27 feet to a point; THENCE still along lands now or formerly of Smith, south 28 degrees 22 minutes 20 seconds east a distance of 417.72 feet to the northerly line of Main Road (NYS Route 25) and the point or place of BEGINNING. BEING part of Suffolk County Tax Map number 1000-109.00-01.00-007.000, which lot line was changed by resolution of the Town of Southold Planning Board 11/8/04, and having an approximate area of 108,864 square feet. Declarant desires to restrict the maximum coverage on the premises and has for such purposes determined to impose on said premises covenants and restrictions and does hereby declare that said premises shall be held and shall be conveyed subject to the following covenant and restriction: 1) Whereas the Town of Southold Planning Department approved a lot line change subject to the filing of a covenant and restriction concerning lot coverage area; 2) Whereas the premises comprise an area of approximately 108,684 tgiiare feet; 3) Whereas the Southold Planning requires lot coverage on this lot not to exceed 17,053 square feet; In order to comply with the ruling of the Southold Town Planning Board, Delcarant hereby covenants that the lot coverage shall not exceed 17,053 square feet. 0 r K IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed on December / , 2004. I IE SMITH a/k/a DIANE ALEC SMITH State of New York: Suffolk County: ss: STATE OF NEW YORK SS: COUNTY 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 THAT I HAVE COMPARED THE ANNEXED COPY OF DEED LIBER ZQ359 AT PAGE 3I RECORDED �� o� AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLA ATI N AN OF THE WHOLE THEREOF. �IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS S-4h DAY OF 4t�,C3�aZ00�{ t�—s�✓ CLERK 12-0169.12 7W LOT LINE CHANGE DECLARATION OF COVENANTS AND RESTRICTINS This Declaration is made on this _Ld day of December, 2004, by Diane Smith, residing at 22445 Main Road, Cutchogue NY 11935 (hereinafter referred to as the Declarant), as the owner of the premises described below (hereinafter known as the "premises": BEGINNING at a point on the northerly line of Main Road (NYS Route 25) at the intersection formed by the northerly line of Main Road (NYS Route 25) with the westerly line of lands of Diane Smith, said point and place of beginning being a distance of 2849.39 feet as measured along the northerly line of Main Road (NYS Route 25) in an easterly direction from the intersection formed by the northerly line of Main Road (NYS Route25) with the easterly line of Elijah's Lane: RUNNING thence from said point and place of Beginning in a westerly direction along the northerly line of Main Road(NYS Route 25) south 59 degrees 20 seconds west a distance of 120.69 feet along the northerly line of Main Road; THENCE north 28 degrees 58 minutes 00 seconds west of Smith a distance of 140.00 feet to a point; THENCE south 59 degreos.Awrrtuy4 Aywonds wes)a distance of 200.00 feet; THENCE north 24 degrees 34 minutes 01 seconds west a distance of 310.89 feet along land now or formerly of Cross; THENCE north 66 degrees 02 minutes 50 seconds east along lands now or formerly of Cross and lands now or formerly of Cross a distance of 302.27 feet to a point; THENCE still along lands now or formerly of Smith, south 28 degrees 22 minutes 20 seconds east a distance of 417.72 feet to the northerly line of Main Road (NYS Route 25) and the point or place of BEGINNING. BEING part of Suffolk County Tax Map number 1000-109.00-01.00-007.000, which lot line was changed by resolution of the Town of Southold Planning Board 11/8/04, and having an approximate area of 108,864 square feet. Declarant desires to restrict the maximum coverage on the premises and has for such purposes determined to impose on said premises covenants and restrictions and does hereby declare that said premises shall be held and shall be conveyed subject to the following covenant and restriction: 1) Whereas the Town of Southold Planning Department approved a lot line change subject to the filing of a covenant and restriction concerning lot coverage area; 2) Whereas the premises comprise an area of approximately 108,684 ;gnire feet; 3) Whereas the Southold Planning requires lot coverage on this lot not to exceed 17,053 square feet; In order to comply with the ruling of the Southold Town Planning Board, Delcarant hereby covenants that the lot coverage shall not exceed 17,053 square feet. IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed on December / , 2004. c h. �dryYZl;l7�--_ 'IA E SMITH a/k/a DIANE ALEC SMITH i State of New York: Suffolk County: ss: STATE OF NEW YORK SS: COUNTY 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 THAT I HAVE COMPARED THE ANNEXED COPY OF DEED LIBER IR359 AT PAGE 3�1 RECORDED la 60 laooq AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLAFIATION AND OF THE WHOLE THEREOF. ICOUNTY IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID AND COURT THIS g4-4-) DAY OF 4 e.E-, e c- -4 tn4;s � CLERK 12-0160.1"7cY • �gOFF01 • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE .� Southold,NY 11971 Chair N OFFICE LOCATION: W � RICHARD CAGGIANO • Town Hall Annex WILLIAM J.CREMERS l � 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 Far. 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2004 Ms. Diane Alec Smith 22445 Main Road Cutchogue, NY 11935 Re: Proposed Lot Line Change for Diane Alec Smith The property is located on the north side of NYS Route 25, approximately 2,700' west of Alvah's Lane in Cutchogue SCTM#1000-109-1-7 Zoning District�R-80 Dear Ms. Smith: The Southold Town Planning Board, at a meeting held on Monday, November 8, 2004, adopted the following resolutions: WHEREAS, this proposal is for a lot line change which will transfer 23,419 sq. ft. from Lot 2, which has an existing lot area of 85,265 sq. ft., to Lot 1, which has an existing lot area of 85,265 sq. ft.; and WHEREAS, following the transfer, Lot 1 will equal 108,684 sq. ft. and Lot 2 will equal 61,846 sq. ft. where 80,000 sq. ft. is the minimum area required in the R-80 Zoning District; and WHEREAS, the Zoning Board of Appeals granted a lot area variance on October 7, 2004 for the proposed action; and WHEREAS, as a condition of granting the variance, the Zoning Board of Appeals has imposed a maximum coverage restriction of 17,053 sq. ft. on Lot 1; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that both subject parcels are in the applicant's ownership and the Southold Town Planning Board hereby waives the public hearing upon this application; and be it further Smith — Page Two — 11/9/04 RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, prepared by Peconic Surveyors PC, dated May 27, 2004 and last revised August 2, 2004, subject to the following conditions: 1. 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. 2. The filing of covenants and restrictions with the Office of the Suffolk County Clerk limiting coverage on Lot 1 to 17,053 sq. ft. The Liber and page number must be shown on the final map. Enclosed please find a copy of the Negative Declaration for your records. The conditions must be met and the final maps submitted to the Planning Board 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 and submission of the final maps, the Planning Board will authorize the Chairperson to endorse the final surveys. Very truly you/s, Jerilyn B. Woodhouse Chairperson encl. 0 ,r O�gpFFO( �0 • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Char OFFICE LOCATION: RICHARD CAGGIANO Town Hall Annex WILLI H J.CREMERSL.EDWARDS y��l �aO� 54375 State Route 25 KENNMARTIN AR (cor. Main Rd. &Youngs Ave.) 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 8, 2004 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. he 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: Lot Line Change of Diane Alec Smith SCTM#: 1000-109-1-7 Location: The property is located on the north side of State Route 25 in Cutchogue. SEQR Status: Type 1 Q Unlisted (X) Conditioned Negative Declaration: Yet ( ) No (X) Description of Action: This proposal is for a lot line change which will transfer 23,419 s. f. from Lot 2, which has an existing lot area of 85,265 s. f, to Lot 1, which has an existing lot area of 85,265 s. f. Following the transfer, Lot 1 will equal 108,684 s. f. and Lot 2 will equal 61,846 s. f. where 80,000 s. f. is the minimum area required in the R-80 Zoning District. 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. SEQR Negative Declaration - Page Two The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems will occur as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. / The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 Enc. cc: Sheri Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo, Esq. Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant u • OgUFF01,tC / APPEALS BOARD MEMBERS p� O1 Southold Town Hall �0\�7 Ruth D. Oliva, Chairwoman 53095 Main Road Gerard R Goehringer y Z P.O. Box 1179 Lydia A. Tortora • Southold,NY 11971-0959 Vincent Orlando p gyp! Tel. (631) 765-1809 James Dinizio, Jr. 1 '7) Fax (631) 765-9064 http://southoldtown.northfork.net - BOARD OF APPEALS - TOWN OF SOUTHOLD — f FINDINGS, DELIBERATIONS AND DETERMINATI I N Q fi MEETING OF OCTOBER 7, 2004 r ZBA File No. 5585 - DIANE ALEC SMITH �— Property Location: 22445 Main Road, Cutchogue; CTM 109-1-7 v: SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the er,vironment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 3.915-acre parcel has 271.7 ft. of frontage along the north side of the Main Road (S.R. 25), lot width along the rear line of 453.67 feet, and lot depth of 401.73 feet in Cutchogue. The property is improved with a house and a number of other buildings. A pond, principally located on the property, covers the westerly portion of the land for a distance of 40 to 60 feet from the westerly lot line. The property is located in the R80 Residential Zone District. BASIS OF APPLICATION: Building Department's July 29, 2004 Notice of Disapproval citing Code Section 100-32 in%its denial of a building permit application concerning a proposed lot line change with an area proposed (Lot 2) at less than 80,000 sq. ft. and less than 175 feet in lot width. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant proposes a modified variance for proposed Lot 2 at 61,846 square feet instead of 85,265 sq. ft., resulting in a total area of 96,630 sq. ft., plus 12,138+- sq. ft. of pond area (108,684 sq. ft.) for proposed Lot 1, as shown on August 2, 2004 amended survey by Peconic Surveyors, P.C. Also requested is a revised lot width/frontage along the Main Road of 151.01 feet for proposed Lot 2, leaving 120.69 feet of frontage/lot width for proposed Lot 1. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.. The result of the revised variance from the proposed change in lot sizes (relocation of division line) will not add or reduce the allowable uses or building sizes on either lot. PLANNING BOARD MEMBERS el • MAILING ADDRESS: Q. P.O. Box 1179 JERILYN B.WOODHOUSE C Southold,NY 11971 Chair N Z W OFFICE LOCATION: RICHARD CAGGLANO ��, • �'� Town Hall Annex WILLIAM J.CREMERS �� a� 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFIC TOWN OF SOUTHOLD November 5, 2004 Diane Alec-Smith 22445 State Route 25 Cutchogue, NY 11935 Re: Diane Alec-Smith Lot Line Change Located on the north side of Main Road (S.R. 25) in C tchogue SCTM#1000-109-1-7 Zoning District: R-80 Dear Ms. Alec-Smith: The Planning Board reviewed your application for the propose J lot line modification at their work session on November 1, 2004. The Planning Board made the following determination: 1. The Planning Board will issue a conditional final approval at their meeting on November 8, 2004, subject to the following: As a condition of their approval, the ZBA has imposed coverage restriction of 17,053 s.f. on Lot 1. Because the ZBA has not indicated how the restriction is to be implemented, the Planning Board is requiring the Rig of a Covenant and Restriction to run with Lot 1. The Liber and Page number will need to be placed on the map. You are required to file new deeds reflecting the lot line change with the Office of the County Clerk and provide copies of same to this office. Once the aforementioned items have been submitted to this office, final approval will be issued and the Chair of the Planning Board will be able to end rse the final maps. If you have any questions, please do not hesitate to contact thi office. r Anthony P. re a Senior anner Town of Southold Planning Department Staff Report Subdivisions I. Application Information Project Title: Lot Line Change for Diane Alec-Smith Map Prepared BY: Peconic Surveyors, PC Date of Map: Last Revised on August 2. 2004 Date of Submission: October 26 2004 Applicant: Diane Alec-Smith Tax Mao Number: 1000-109-1-7 Project Location: See attached tax map and aerial photograph Hamlet: Cutchogue Zoning District: R-80 II. Description of Project Type of Application: Subdivision Type of Subdivision: Re-Subdivision Acreage of Project Site: 3.915 Acres Yield Map or Calculation: n/a Number of Lots Proposed: 2 Acres of Open Space/Reserved Area: n/a Percentage of Open Space/Reserved Area (see attached calculation): n/a Type of Access Provided: n/a Length of Access: n/a M. Site Analysis SEOR Type of Action: Unlisted Present Land Use: Residential Existing Structures: two residences and several accessory structures Existing Permits, Approvals. CO's etc: information unknown Was Property Previously Subdivided: yes If Yes Date of A roval: 11 10 03 Existing Easements or Restrictions: none have been identified Soil Type: RhB (Riverhead and Haven Soils graded 0-8% slopes) Located within Coastal Erosion Hazard Zone: no Located within Flood Hazard Zone: no Predominant Vegetation: Significant Trees on Site: none have been identified Percentage of Slopes: 0-10%slopes Name of Abutting Water Body: none Critical Environmental Area: no Type of Wetlands on or Adjacent to Site: Freshwater Wetlands (irrigation pond) Are There Trails on Site: no Name of Trail: n/a Depth to Water Table: 7 feet Distance to Public Water: unknown Source of Water Supply: private wells Number of Access Points: n/a Historical or Archaeological Significance: none have been identified IV: Permits and/or Review Required From Other Agencies This project will not require approvals from any other agency at this time. It has never been the Town's practice (nor any other municipality that I am aware of) to require Health Department approval for lot line changes. However, the applicant should be aware that some property owners who received approval from the Town for lot line changes have been running into problems with the Health Department when they apply for building permits for construction. Apparently, the Health Department has been telling property owners that they need to get subdivision approval for the lot line change before a permit for construction will be issued. This has been an ongoing issue for a number of years. We are trying to work with the County Planning Commission and the Health Department to come up with a solution to this problem. V: Project Analysis Proposal is for a lot line change which will transfer 23,419 s.f. from Lot 2 to Lot 1 where, following the transfer, Lot 1 will equal 108,684 s.f. and Lot 2 will equal 61,846 s.f. The subject properties are located on the north side of Main Road, approximately 2700' west of Alvah's Lane in Cutchogue. The existing lots were created as part of a two-lot subdivision approved by the Planning Board in 2003. The proposed lot line change will not create any additional building lots but it will make Lot 2 nonconforming with a lot area of 61,846 s.f. where 80,000 s.f. is required by the Town Code. The applicant has already received the variance from the ZBA. In granting the variance, the ZBA is requiring that Lot 1 be restricted to a lot coverage of 17,053 s.f., the amount allowable for the original lot size of 85,265 s.f., not the new lot size of 108,684 s.f. Vl: Staff Recommendations The Planning Department makes the following recommendations at this time: 1. The proposal is classified as an Unlisted Action pursuant to SEQRA. The Planning Board should conduct an uncoordinated SEQRA review and issue a negative declaration at their November 8, 2004 meeting. 2. Because the two properties are under the same ownership, the public hearing should be waived. 3. The ZBA didn't indicate how the coverage restriction was to be implemented. The Planning Board should require the filing of a C & R to run with the lot as part if its conditional final approval resolution. The resolution should cite the ZBA decision as the reason for this condition. The lot line change will not become final until the C & R is filed and Liber and Page number placed on the map. 4. The Planning Board should issue a Conditional Final Approval for the lot line change at their November 8, 2004 meeting. In addition to the filing of the C & R, the applicant will be required to file new deeds with the Office of the County Clerk and submit copies of same to this office. Planning Board Notes and Recommendations I N ff" 4 W v � a p ? ;� ,•�' .sue r' r r ,rt � � J fi7r. .?31. , � mw Y e �Y �1 k ri .4- 5 MINOR SUBDIVISION FOR DIANE ALEC SMITH AT CUTCHOGUE TOWN OF SO UTHOLD SUFFOLK COUNTY, N. Y. 1000-109-01-07 SCALE,1'=100' MARCH 8, 2000 SEPT. 1, 2000 (utilities loc) APRIL 23, 2001 (test hole) SEPT 27, 2001 (rev,sions) JAN,D, 2002 trevNIAW JI.NE a,20OR!reebbe 1 AUa 27,2002 (seplk sys/em) SEPT. 27, 2002(revWsn 1 N1�I s O~~ y y 0t 2 c6 O IPA 1'� e.r 1g� •' ,q0 M go •'tt� 5° °� 1►� 'e��ngr —.e APPLICANT, DIANE ALEC SMITH 28445 MAIN ROAD rssr Nd.E CUTCHOGUE, NY 11935 THE LMATION OF VELLS AND CESSPOOLS SNOVN HEREON ARE FROM FIELD DBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. CONTOUR LINES ARE REFERENCED TO FI,V[•6 LION TOWNS T0VO81PHIC MAP. •'$+ se ar I HEREBY CERTIFY THAT THIS SUB➢IVISION PLAT WAS MADE FRIIM