HomeMy WebLinkAbout1000-145.-2-1HENRY E. RAYNOR, Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
TO ,D
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Southold, N.Y. 11971
October 22, 1980
TELEPHONE
765- 1938
John C. Diller, Esq.
Suite 3500
551 Fifth Avenue
New York, New York 10017
Dear Mr. Diller:
The following action was taken by the Southold Town Planning
Board at a regular meeting held October 16, 1980.
RESOLVED to amend the resolution approving the minor
subdivision of Anita McNulty and Helen McNulty to:
Eliminate condition 1 ~ich reads "Elimination of
flaglots ~aaking Lot No. i the full width of the property
with a 25 foot right'of way over that property running
to Lot No. 2 with a l0 or 15 foot right of way to
Peconic Bay running over Lot No. 2". This is based on
the opinion of the To~ Attorney that the Planning Board
cannot change lot lines established by the Zoning Board
of Appeals.
Over-riding condition noted as 2a in the resolution,
which is the condition of the Suffolk County Planning
Commission and reads "No residential structure shall be
constructed within 100 feet of Peconic Bay". The Board
agrees that a 50 foot setback on the bay is sufficient.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWI~I PLANNING BOARD
By Muriel Tolman, Secretary
HENRY E. RAYNOR,~..Chairman
FREDERICK E, GORDON
SAMESWALL
BENNETT ORLOWSKI, Jr.
GEORGE ~TCHIE LATHAM, Jr.
TO ,D
S
Southold, N.Y. 11971
October 22, 1980
TELEPHONE
765- 1938
Mr. Charles G. Lind, Chief Planner
Suffolk County Dept. of Planning
Veterans Memorial Highway
Hauppauge, New York 11787
Dear Mr. Lind:
The following action was taken by the Southold Town Planning
Board at a regular meeting held October 16, 1980.
RESOLVED to amend the resolution approving the minor
subdivision of Anita McNulty and Helen McNulty to:
Eliminate condition 1 which reads "Elimination of
flaglots making Lot No. 1 the full width of the property
with a 25 foot right of way over that property running
to Lot No,, 2 with a 10 or 15 foot right of way to
Peconic Bay running over Lot No. 2". This is based on
the opinion of the To~u Attorney that the Planning Board
cannot change lot lines established by the Zoning Board
of Appeals.
®
Over-riding condi{ion noted as 2a in the resolution,
which is the condition of the Suffolk County Planning
Commission and reads "No residential structure shall be
constructed within 100 feet of Peconic Bay". The Board
agrees that a 50 foot setback on the bay is sufficient.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOU~0LD T0%%I PLANNING BOARD
By Muriel Tolman, Secretary
HENRY E. RAYNOR, Jr..Chsi~man
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. ~.
GEORGE ~TCHIE LATHAM. Jr.
Southold, N.Y. 11971
October 2, 1980
TELEPHONE
765- 1938
John C. Diller, Esq.
Suite 3500
551 Fifth Avenue
New York, New York lOO17
Dear Mr. Diller:
The Planning Board has reviewed your letter of September
15 in regard to the minor subdivision of Anita McNulty and
Helen McNulty.
A resolution was. presented to over-ride the condition of
the Suffolk County Plauning Commission requiring a 100 foot
setback from Peconic Bay. It is necessary to over-ride a
condition of the Planning Commission that the vote be a majority
plus one. The resolution did not receive the required votes.
I have given you an appointment for 9:00 p.m. if you wish
to further discuss the matter with the board. The date of the
meeting i~ October 16.
Yours truly,
Muriel Tolman, Secretary
JOHN C. DILLER
PECONIC BAY BOULEVARD
LAUREL~ NEW YORK 1:1948
September 15, 1980
Henry E. Raynor, Jr.,
Chairman
Southold Town Planning Board
Southold, New York 11971
Dear Mr. Raynor:
Reference is made to your letter of August 29,
1980 relating to the approval by the Southold Town
Planning Board[ of the subdivision application of
Anita and Helen McNulty on August 20, 1980, subject
to certain conditions stated in your letter.
In order to expidite matters, my clients are wil-
ling to agree to the changes requested in paragraph
"1" of your letter.
The change requested in paragraph "2a" ("No resi-
dential structure shall be constructed within 100 feet
of Peconic Bay'"), as proposed by the Suffolk County
Planning Board., should not, in our opinion, apply to
the proposed subdivision, and we respectfully request
that the Southold Town Planning Board reconsider im-
posing such condition.
I have spoken with Charles Lind who is in charge
of subdivision review for the Suffolk County Planning
Department, and am advised by Mr. Lind that the above
restriction is proposed based on the County's appli-
cation of an estimated 50 foot erosion of shoreline
over the next fifty years. While such reasoning may
apply to the Long Island Sound bluff or to certain
areas of Peconic Bay shoreline (in which cases, the
set-back should be from the cliff, not the shoreline),
it does not apply to the situation presented by the
McNulty property. In the latter case, a bulkhead has
been in place since at least June 17, 1947 (according
to the records of Y~/ng & Young, Licensed Land Surveyors),
and not one foot of "erosion" has taken place during
the past 33 years.
We urge the Southold Town Planning Board to delete
the "2a" condition, and express our appreciation of
the Board's past considerations in this matter.
Very truly yours,
HENRY E. RAYNOR, Jr..Chafrman
FREDERICK E, GORDON
JAMES WALL
BENNETT ORLOWSKI.$r,
GEORGE RITCHIE LATHAM, Jn
Southold, N.Y. 11971
August 29, 1980
TELEPHONE
765- 1988
John C. Diller, Esq.
Suite 3500
551 Fifth Avenue
New York, New York 10017
Dear Mr. Diller:
The following action was taken by the Southold Town Planning
Board at a regular meeting held August 20, 1980.
RESOLVED that whereas, a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of Anita McNulty
and Helen McNulty located at Laurel was submitted to the Planning
Board on March 20, 1980, and an application fee of $20 was paid on
March 20, 1980, and
WHEREAS, a public hearing was held on the said subdivision
application and plat at the Town Hall, Main Road, Southold, New
York, on July 28, ].980 at 8:00 p.m., and
WHEREAS, the requirements of the Subdivision Regulations of
the Town of Southold have been met by said subdivision plat and
application,
Now, therefore, be it RESOLVED that the application of Anita
McNulty and Helen McNulty for approval of said subdivision plat
prepared by Young & Young be approved and the chairman be authorized
to endorse his approval on the map subject to the following:
1. Elimination of flaglots making Lot No. i the full width
of the property with a 25 foot right-of-way over that property
running to Lot No. 2 with a l0 or 15 foot right-of-way to Peconic
Bay running over LGt 2.
John C. Diller, Esq.
August 29, 1980
2. Placing on the map the following conditions of the Suffolk
County Planning Commission:
a. No residential structure shall be constructed within
100 feet of Peconic Bay.
No sanitary disposal facility shall be constructed
within 100 feet of the bulkheaded shoreline slong
Peconic Bay.
Co
No stormwater runoff resulting from the development
or improvement of either lot shall be directly
discharged into Peconic Bay.
This matter has been discussed with the chairman of the Board
of Appeals along with another member of that board and the consensus
was that this matter will not have to go before them again.
Upon receipt of maps agreeing with the above I will have the
chairman sign the maps and return a copy to you. It will be
necessary that I have three maps.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
NEGATIVE DECLARATION
August 20, 1980
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review Act and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice
is hereby given that Southold Town Planning Board as lead agency for
the action described below has determined that the project will not
have a significant effect on the environment.
DESCRIPTION OF ACTION
The minor subdivision of Anita McNulty and Helen McNulty is a
two-lot residential subdivision of property located at Laurel in
the Town of Southold.
The project has been determined not to have a significant effect
on the environment for the following reasons:
An environmental assessment has been submitted which
indicated that no significant adverse effects to the
environment were likely to occur should the project be
implemented as planned.
Because there has been no response in the allotted time
from the New York State Department of Environmental
Conservation it is assumed that there is no objection
nor comments by that agency.
The Suffolk County Department of Health Services has
indicated that soil conditions for individual sewage
disposal systems are acceptable; however, based on data
from recent construction in the area, the potable
groundwater supply in the area is limited both in quantity
and quality. This Department would normally request a
test well prior to approval.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Ms. Muriel
Tolman, Secretary, Southold Town Planning Board, Main Road,
Southold, New York 11971.
Copies mailed to the following August 29, 1980.
Commissioner l~obert Flacke, NYSDEC, Albany, NY
NYSDEC at Stony Brook, NY
Suffolk Co. Dept. of Health Services, Riverhead, NY
Suffolk Co. Planning Commission, Hauppauge, NY
Supervisor William R. Pell III
Bulletin Board
ile
John Diller, attorney for McNulty & McNulty
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5207
August 6, 1980
Mr. Henry E. Raynor, Jr., Chairman
Town of Southold Plm~ning Board
Main Road
Southold, New York 111971
Re:
Minor Subdivision - Anita McNulty and
Helen McNulty
Southeasterly side of Peconic Bay Boulevard
210.32 feet northeasterly from Laurel Avenue,
Laurel, New York.
Dear Mr. Raynor:
The Suffolk County Planning Co~ission at its regular meeting on August 5,
1980, reviewed the proposed subdivision plat entitled, "Minor Subdivision -
Anita McNulty and Helen McNulty", referred go it pursuant to Section 1333 of the
Suffolk County Charter. After due study and deliberation it resolved to approve
said map subject to the following three conditions deemed necessary to help pre-
serve the natural and aesthetic attributes of the shoreline of Peconic Bay:
1. No residential structure shall be constructed within 100 feet of Peconic
Bay.
2. No sanitary disposal facility shall be constructed within 100 feet of
the bulkheaded shoreline along Peconic Bay.
3. No stormwater runoff resulting from the development or improvement of
either lot slhall be directly discharged into Peconic Bay.
Very truly yours,
Lee E. Koppelman
Director of Planning
File: S-SD-80-13
CGL:jk
Encl.: Map
Charles G. Lind, Chief Planner
Subdivision Review Section
LEGAL NOTICE
NOTICE ' IS HEREBY
~ ~ pmunnt to Sec-
floii* 276 ', O~,tlle Town Law,
peb~l~ hearings ~ll be held by
the 5outhold Town
Bourd at the T6wn Hall, Main
sala ~ oh"the 2sth dey of
July, 1980, on thequestion of
the followin~~
8:00 p.m;iApprn~si of the
minor subdivi~ of'property
of Anita Mc/~lty and Helen
McNulty sit,ate tt Laurel in
the Town of ~thold, County
of Suffolk and 'State of New
York and bmmded and des-
BEGINN/NG at a point on
the southeHy ~d~ of Peconic
Bay. Boulev~*210.32 feet enst
of the so~chonaterly intersec-
tion of'Peeente'Bay Boulevard
and Lanr,q,~tiane~,. fanning
th~ ~len~s~l -southerly
side of Pe~k Bay [~o~evard
N. $5o56, E. $2,$~1~-~ to land
of Helen MeNu-try; thence
along said lnn~ d~ Helen
Mel~tlty $. t8' ~110, 44S.04
feet to mean~ h~ mark
.of Pecodie ~ay: :~ 'along
the mean hi~w~tet.matt of
Peconic B~'~le line
· so~thwn~_e~.J~et to
i.[Estate?th~ ~long said
~,~ lands of th~ ~$,, McNul-'
ty Estate N. ~,, ~4' 30" W.
, 647 feet to the polar or pl~e of
ALSO, REOINNING at a
,~peint on the sontherly side of
Peconie Hay Roulevurd 262.9
feet east of the southeasterly
intersection of Pewnie Ray
· ouleverd and Laurel Lane;
running thence along said
southerly side of Peeoulc Bay
Boulevard N. ~5~ $6' E. $2.$8
~ to land now or fermerly of
· ,~dwin A. l~ders; thenco along
~ald land now or formerly Of
· dw~n A. EMers and land of
Dorothy E. Thcet S. 1~° E. 443
feet to mean high water mark
of Pee°nie Ray; -thence along
the mean high water m~k of
~ Peconic Ray on a tie line
~th~vesterly 53 feet to land
~ Of Anita MeNulty; thence
a3on~ said land of Anita
~eNulty N. 18° $7' ]tO" W.
44~.04 feet to the point
place of beginning. Containing
~ acre, more o~ less.
· 8:30 p.m,. Approval of the
hkor subdivision of Samnel
~. Prellwttz situate at Pecoulc
tn~ the Town of Southuld,
Cennty of Suflblk ~ind State of
New York end bounded and
des~tbed as follows:
· ~-.GINNINO at a monument
set on the southerly line of
l~d~an Neek Road at the
northeasterly corner of land of
C~r and the northwesterly
e~ner of ~e l~emises herein
d~. l~d, said monument.be.
~ ~695.52 feet easterly along
. sam lndinn Neck Road from
the easterly line of Robinson
· ~ond; running thence along
".Jdd southerly line of Indian
N~ Road four courses: (1) N.
8g~"21' 30" E. 64.17 feet;
~ (2) S. 73° 37' 00" E.
342.71 f~'t; thenco (3) N. 89°
31' 30" E. 250.50 feet; thence
(4) $! 26~ 28' 50" E. 278.0 feet
, to,a monument and land of
- ~, thence along ssid land
~t Adams two courses: (1) S.
:47~ ~' 40" W. 90.0 feet to a
moaJnent; thence (2) $. 36°
; 26' 20" E. 356 feet, more or
less, ~o ordinary hish water
M ef Peco,qc Ray; thence
· ~ along said high water
:~447 feet, more~r less, to
'~o) N. 26° 42' ~0" W.
192,ii~i/, more or less, to a
'~; thunee (2) N. 23°`
:~,0~!~,~ W. 196,0 feet to a P~i
t~t; thence (,3) 5. 77°
'nmn~mem .and said lend of
? o~-~enco ~on~ s~d ~and ~o
CCYU~TY 06: SUFFOLK
STA'TIE OF NI='~,V YORK
Potricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TP~VELER-WATCHN~N,
a public newspaper printed at Southold, in Su~lk Count;
and that the notice of which the annexed is a printed copy,
kos been published in ~id Long island Traveler-Watch-
man once each week for ........... ~. .......................... wee~
.......... ..........................
~worn to before me th/~ /~ dov
CL£~ENT J. THO~PSO}~
PUBLIC, Stye of New York
,~. 52-9321725
~ SUFFOLK
COUNTY OF
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D., M.P.H.
March 17, 1980
Ms. Linda Kowalski, Secretary
Town of Southold Board of Appeals
Main Road
Southold, New York 11971
Re: Appeal No. 2671, Application of Helen & Anita McNulty, Near Intersec-
tion of Peconic B~y Boulevard and Laurel Lane, Laurel
Dear Ms. Kowalski:
We are in receipt of your letter, dated February 28, 1980. We are in agree-
ment with your designation of lead agency.
Indications are that: soil conditions for individual sewage disposal systems
are acceptable; however, based on data from recent construction in the area,
the potable groundwater supply in the area is limited both in quantity and
quality. This Department would normally request a test well prior to approv-
al.
Our records indicate that these lots may be part of a major subdivision.
Whether these lots are, in ~fact, single and separate should be established
prior to approval.
If you have any questions, please feel free to contact the undersigned.
Very truly yours,
Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services
RRR:cah
COUNTY CENTER
HENRY E. RAYNOR. Jr., Ci~airman
FREDERICK E, GORDON
JAMES WALL
BENNETT ORLOWSKI.
GEORGE RITCHIE LATHAM.
S ~Y
Southold, N.Y. 11971
July ~, 1980
TELEPHONE
765- 1938
Suffolk County Planning Commission
Veterans Memorial Highway
Houppauge, New York 11787
Gentlemen:
Pursuant to Section 1333, Article XlII of the Suffolk County
Charter, the Southold Town Planning Board hereby refers the
followinq nroDosed ~inal plat %o the Suffolk County Planning Commission:
(Map of)(Minor Subdivision)
Hamlet Laurel
Tax Parcel Identifier No. 1000 145 2 P/O Lot 1
Material Submitted:
Minor Subdivision - Class A(3 copies) x Class B (2 copies)
Major Subdivision (3 copies)
Preliminary Mop (1 copy) ; Topographic Map (1 copy) ;
Drainage Plan (1 copy) ; Street Profiles (1 copy) ;
Grading Plan (1 copy) ; Planning Board Res. (1 copy) ;
Other material (specify and give number of copies)
Anita McNulty & Helen McNulty
Waiver of Subdivision Requirements - See attached sheet
Comments: The Board Of Appeals decision is enclosed.
X
Very truly yours,
Henry E. Raynor,
Jr., Chairman
(Map of)
Hamlet or Village Laurel
The following items normally
application have been waived.
Check, as required.
Preliminary ~ap X
Street Profiles x
Other (describe)
WAIVER OF SUBDIVISION REQUIREMENTS
(Minor Subdivision) Anita McNulty'& Helen McNulty
Town Southold
required as part of the subdivision
Topographic Map x Drainage Plan x
Grading Plan x Landscape Plan x
Reason:
1) Minor
o)
b)
c)
Subdivision
Not required by subdivision regulations x
Subdivision of lot on an existing improved filed map
Other (describe)
~) a)
b)
c)
d)
No
proposed x
No new roads and no changes in existing roads proposed
No major site clearing and grading proposed x
Other (describe)
See attached letter
new drainage structures and no changes in existing drainage
X
HENRY E. RAYNOR, Jr., C~mirm~n
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
- T~~D
SI
Southold, N.Y. 11971
July/I~1, 1980
TELEPHONE
765- 1938
Environmental Analysis Unit
DEC, Building 40, Room 219
SUNY
Stony Brook, New York 11794
Gentlemen:
Enclosed find. completed shortEnvironmental Assessment Form
and copy of map of' the minor subdivision of Anita McNulty and
Helen McNulty located at Laurel. (see attorney's'address below)
This project is unlisted and an initial determination of
non-significance has been made. We wish to coordinate this
action to confirm our initial determination in our role of lead
agency.
May we have your views on this ma~ter. Written comments
on this project will be received at th~s office until._J~,,/%~-~
1980. We shall interpret lack of response to mean there is no
objection by your agency.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Copies to Suffolk County Dept. of Health Services
Suffolk County Planning Department
Attorney: John C. Diller, Suite 3500, 551 Fifth Avenue, N.
Y., N. Y. 10017
HENRY E. RAYNOR. Jr..Chairman
F~EDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITC~E LATHAM. Jr.
Southold, N.Y. 11971
July 11,
1980
TELEPHONE
John C. Diller, Esq.
Suite 3500
551 Fifth Avenue
New York, New York 10017
Dear Mr. Diller:
The following actions were taken by the Southold Town
Planning Board at a regular meeting held June 30, 1980.
RESOLVED to approve the sketch map of the minor subdivision
of Anita McNulty and Helen McNulty, said map dated February 22,
1980.
RESOLVED that the Southold Town Planning Board declare
itself lead agency :for the subdivision of property of Anita
McNulty and Helen ~Nulty. This project is unlisted and an
initial determination of non-significance has been made.
RESOLVED to set 8:00 p.m., Monday, July 28, 1980, at the
Town Hall, Maiu Road, Southold, New York, as the time andplace
for a public hearing on the question of the approval of the minor
subdivision of Anita McNulty and Helen McNulty located at Laurel.
I enclose legal notice of hearing.
Yours truly,
Muriel Tolman, Secretary
LEGAL NOTICE
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the
Town Law, public hearings will be held by the Southold Town Planning
BOard at the Town ~ll, Main Road, Southold, New York, in said town
on the 28th day of July, 1980, on the question of the following:
8:00 p.m. A~r0val of the minor subdivision of property of
Anita McNulty and Helen McNulty situate atlLaurel in the Town of
Southold, County of Suffolk and State of New York and bounded and
described as follows:
BEGINNING ~t a point on the southerly side of Peconic Bay
Boulevard 210.32 feet east of the southeasterly intersection of
Peconic Bay Boulevard and Laurel Lane; running thence along said
southerly side of Peconic Bay Boulevard N. 55° 56' E. 52.58 feet
to land of Helen McNulty; thence along said land of Helen McNulty
S. 18° 57' 10" E. 445.04 feet to mean high water mark of Peconic
Bay; thence along ±he mean high water mark of Peconic Bay on a tie
line southwesterly 53 feet to lands of the Charles J. McNulty
Estate; thence along said lands of the Charles J. McNulty Estate
N. 18° 54' 30" W. 447 feet to the point or place of beginning.
ALSO, BEGINNING at a point on the southerly side of Peconic
Bay Boulevard 262.9 feet east of the southeasterly intersection of
Peconic Bay Boulevard and Laurel Lane; running thence along said
southerly side of Peconic Bay Boulevard N. 55° 56' E. 52.58 feet
to land now or formerly of Edwin A. Ehlers; thence along said land
now or formerly of Edwin A. Ehlers and land of Dorothy E. Thoet
S. 19° E. 443 feet to mean high water mark of Peconic Bay; thence
along the mean high water mark of Peconic Bay on a tie line south-
westerly 53 feet to land of Anita McNulty; thence along said land
of Anita McNulty N. 18° 57' 10" W. 445.04 feet to the point or
place of beginning. Containing one acre, more or less.
8:30 p.m. Approval of the minor subdivision of Samuel B.
Prellwitz situate at Peconic in the Town of Southold, County of
Suffolk and State of New York and bounded and described as
follows:
Legal Notice
S Page Two
BEGINNING at a monument set on the southerly line of Indian
Neck Road at the northeasterly corner of land of Cukor and the
northwesterly corner of the premises herein described, said monument
being 1695.52 feet easterly along said Indian Neck Road from the
easterly line of Robinson Road; runniug thence along said southerly
line of Indian Neck Road four courses:(1) N. 89° 21' 30" E. 64.17
feet; thence (2) S. 73° 37' 00" E. 342.71 feet; thence (3) N. 89°
31' 30" E. 250.50 feet; thence (4) S. 26° 28' 50" E. 278.0 feet to
a monument and land of Adams; thence along said land of Adams two
courses: (1) S. 47° 53' 40" W~ 90.0 feet to a monument; thence (2)
S. 36° 26' 20" E. 356 feet,
mark of Peconic Bay; thence
feet, more or less, to land
Fischer, three courses: (1)
less, tO a monument; thence
more or less, to ordinary high water
westerly along said high water mark 447
of Fischer; thence along said land of
N. 26° 42' 30" W.193 feet, more or
(2) N. 23° 44' 30" W. 196.0 feet to a
monument; thence (3) S. 77° 53' 20" W. 102.10 feet to a monument
and said land of Cukor; thence along said land N. 23° 44' 30" W.
608.63 feet to the point of beginning. Containiug 9.2 acres, more
or less.
9:00 p.m. Approval of the minor subdivision of Rush M.
Forquer, Jr., and Elizabeth F. Forquer situate at Mattituck in the
Town of Southold, County of Suffolk and State of New York and
bounded and described as follows:
BEGINNING at a point on the northerly side of Oregon Road at
the southwest corner of the premises about to be described at the
southeast corner of land of Rowehl, said point also being on a tie
line N. 53~ 08' 10" W. 56.81 feet from the corner formed by the
intersection of the southerly side of Oregon Road with the easterly
side of Elijah's Lane, and from said point of beginning; running
thence along the easterly line of land of Rowehl N. 25° 40' 00" W.
1,644.90 feet to land of Lenzner; running thence along said lands
N. 63° 25' 10" E. 375.70 feet to lands of Zimnoski; runnLug thence
along said lands S. 26° 13' 40" E. 1,647.96 feet to the northerly
side of Oregon Road; running thence along the northerly side of
Oregon Road S. 63° 53' 30" W. 391.86 feet to the point or place of
beginning. Containing 14.506 acres, more or less~
Legal Notice
Page Three
Any person desiring to be heard on the above matters should
appear at the time and place above specified.
Dated:
July 11, 1980
BY ORDER OF THE SOUTHOLD TOWN
PLANNING BOARD
HENRY E. RAYNOR, JR., CHAIRMAN
PLEASE PUBLISH ONCE, JULY 17, 1980 AND FORWARD THREE AFFIDAVITS
OF PUBLICATION TO SOUTHOLD TOWN PLANNING BOAiiD, MAIN ROAD, SOUTHOLD,
NEW YORKl1971.
Copies mailed to the following on July 11,
Long Island Traveler-Watchman
Suffolk Times (information only)
John C. Diller, Esq. (McNulty)
William B. Smith (Prellwitz)
Richard Cron, Esq. (Forquer)
Supervisor William R. Pell III
1980:
HENRY E. RAYNOR, Jr., Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI.
GEORGE RITCHIE LATHAM, Jr.
Southold, N.Y. 11971
June 24,
1980
TELEPHONE
765- 1938
John C. Diller, Esq.
Suite 3500
551 Fifth Avenue
New York, New York: 10017
Dear Mr. Diller:
The following action was taken by the Southold Town Planning
Board at a regular' meeting held June 16, 1980.
RESOLVED to rescind the following action taken at a regular
meeting of the Southold Town Planning Board held April 7, 1980:
RESOLVED to disapprove the sketch map of the minor subdivision
of Anita McNulty snd Helen McNulty said map dated February 22,
1980 as this is a set off piece of property from a total of three
plus acres and the Board considers the division of property an
evasion of the Rules and Regulations for the Subdivision of Land
of the Town of Southold.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
HENRY E. RAYNOR, Jr..Chairman
FREDERICK E. GORDON
SAMES WALL
BENNETT ORLOWSKI. ~.
GEORGE ~TCHIE LATHAM. J~.
Southold, N.Y. 11971
June 9, 1980
TELEPHONE
765-19a8
John C. Diller, Esq.
Suite 3500
551 Fifth Avenue
New York, New York lOO17
Dear Mr. Diller:
The following action was taken by the Southold Towr~ Planning
Board at a regular meeting held June 2, 1980.
RESOLVED to %able any further action on the minor subdivision
of McNulty until such time as the board has an opportunity to
meet with the town attorney.
I am in receipt of your letter of June 4, 1980 and will
present same to the board at the earliest opportunity.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
SUITE ~
551 FI~ AVENUE
NEW Y~K, N~ YO~K ~7
June 4, 1980
Ms. Muriel Tolman
Planning Board of the Town of Southold
Main Road
Southold, New York 11971
Dear Muriel:
_ As you requested during our phone conversation
today, I am attaching a Xerox copy of page one of
the Last Will and Testament of Charles J. McNulty.
I certify that the attached is a true and correct
.~opy of the document admitted to probate and on
file at the Surrogate's Court in Riverhead.
You will note the following provision which
bears on the pending application to the Board by
Anita McNu. lty and Helen McNulty:
"I direct my Executors to divide my
shore front into six parcels of equal
size as near as possible and to give
them to my children as follows:
To John McNulty, the piece near~st
the highway, then to Marie the next;
to Mildred the next; to Edna the next
with large bungalow; to Anita the next
with small bungalow and to Helen the
next."
The parcel owned by Anita McNulty and the parcel
owned by Helen McNulty shown on the survey of Young &
Young and described in the affidavits of The Title
Guarantee Company previously submitted by me to the
Board are 'those transferred to them by the above-quoted
provision of the Will of Charles J. McNulty who died on
May 23, 1943 (Probate # 291P1943).
We appreciate your continued help in expediting
this matter.
Very truly yours,
)BERT W. TASKER
Town Attorney
EY
D
TELEPHO
(516) 477-1
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
May 28, 1980
;r. Henry E. Raynor, Jr.
hairman, Southold Town Planning Board
own Hall
)uthold, New York 11971
Re: McNulty Application
ear Henry:
n April 7, 1980, the Planning Board denied the application of Anita McNulty and
elen McNulty to relocate the boundary lines of two contiguous lots, each held in
.ngle and separate ownership. As these two contiguous lots presently exist, each
~s a width of approximately 53 feet on the southerly side of Peconie Bay Boulevard
~d each extends approximately 445 feet southerly to Peconic Bay.
rior to the Planning Board action, the Board of Appeals on March 20, 1980, grante
variance to permit such lot line relocation.
)hn C. Diller, attorney for the applicants has recently written to me and furnished
)cumentation of the chain of title to the lots in question. A copy of Mr. Diller's
tier is enclosed herewith. By letter dated May 19, 1980, the Planning Board has
~quested my opinion.
review of the title report of The Title Guarantee Company reveals the following:
~ior to May 23, 1943, one Charles J. McNulty owned a tract of land extending east
'ly from Laurel Lane and bounded on the North by Peconic Bay Boulevard and on tk
~uth by Peconic Bay., Charles J. McNulty died testate on May 23, 1943. Under hi~
~11 (admitted to probate in the Surrogate's Court of Suffolk County) Charles J. McN
.vided this tract into six separate lots and devised one lot to each of his six childre
ncc this division occurred many years before the enactment of the Town Zoning
· dinance, each of these lots is deemed to be a pre-existing, nonconforming lot helc
single and separate ownership and may be used, occupied and developed as such,
spite the fact that each lot does not conform to the present Zoning Code requireme
to lot size. Section 100-36 of the Zoning Code provides that "In the A District, ii
~, case of a lot held in separate ownership on the effective date of this chapter and
=-tearier with an area and/or width of less than the requirements of this chapter,
Mr. Henry E. Raynor, Jr'.
-2- May 28, 1980
a single family dwelling may be constructed thereon with side yard requirements re-
duced by 25% provided the other lots requirements are complied with." The title
report also reveals that the two lots under consideration have remained in single
and separate ownership since May 23, 1943.
The applicants propose to relocate the common boundary line of the lots such that the
width of each lot will be approximately 90 feet and each lot will have a depth of between
200 feet and 245 feet. No new or additional lots will be created, nor will additional
dwellings be allowed. The application is merely to change the configuration of each
lot to provide greater flexibility in locating a dwelling on each lot. As indicated, the
Board of Appeals has previously approved such lot line reali~me~t
It is my opinion that in view of the circumstances as outlined abo~e, the applicants
are entitled to the relief in question. The only basis upon which the Planning Board
justifies its denial is that to grant the application would "set a very dangerous
precedent" and further that "it is conceivable that several hundred of these parcels
may exist in the township". However, as previously indicated, substandard lots
predating the enactment of the Zoning Ordinance are expressly sanctioned by Section
100-36 of the Zoning Code. Additionally, the Board of Appeals has granted a variance
to permit the relocation of the common boundary line. Under these circumstances,
I do not believe that the decision of the Planning Board can be sustained. No "dangerous
precedent" is being established. No additional "undue strain" on the water supply" is
created since no additional lots or dwellings will be created or allowed. I therefore
believe that to deny the relief sought is arbitrary and capricious and would suggest
that the Planning Board reconsider its action.
If the Board wishes to meet with me to discuss this matter in more detail, I will be
happy to do so.
Yo'urs very truly,
ROBERT W. TASKER
RWT :MY
HENRY E. RAYNOR, Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
Southold, N.Y. 11971
May 19, 1980
TELEPHONE
765-1938
Robert Tasker, EsqL.
Main Street
Greenport, New York 11944
Dear Mr. Tasker:
This letter is written in reference to the McNulty minor
subdivision in Laurel. Mr. John Diller represents the two ladies
and says he has been in touch with you concerning it.
We initially disapproved this subdivision because it was
undersized and as the tax bills are on the McNulty Estate, it
appears this piece, is being cut out in an attempt to subvert
the subdivision regulations.
Mr. Diller has informed us that the parcels were devised by
will of Mr. McNulty in 1943. The only documentation to such is
a chain of title search.
It is the board's feeling that this type of subdivision
sets a very dangerous precedent. It is conceivable that several
hundred of these parcels may exist in the township in which case
it may cause an undue strain on the water supply in some
marginally safe areas.
I would appreciate a legal opinion on how to handle these
matters as soon as possible.
Yours truly,
HER/mt
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
HENRY E, RAYNOR, ,Ir.. Chairm~n
FREDERICK E. GORDON
,lAMES WALL
BENNETT ORLOWSKI, ,lt.
GEORGE RITCHIE LATHAM..Ir.
Southold, N,Y. 11971
April 10, 1980
TELEPHONE
~65-19~
Mr. John C. Diller
Peconic Bay Boulevard
Laurel, New York 11948
Dear Mr. Diller:
The following action was taken by the Southold Town Planning
Board at a regular meeting held April 7, 1980o
RESOLVED to disapprove the sketch map of the minor subdivision
of Anita McNulty and Helen McNulty said map dated February 22,
1980 as this is a set o£f piece of property from a total of three
plus acres and the Board considers the division of property an
evasion of the Rules and Regulations for the Subdivision of Land
of the Town of Southold.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
John C. Diller
Peconic Bay Boulevard
Laurel, N.Y.
March 26, 1980
Southold Town Zoning Board of Appeals; Ms. Linda Kowalski
&
Southold Town Planning Board; Ms. Muriel Tolman
Southold, New York 11971
Re: McNulty "Subdivision"
Dear Ms. Kowalski and Ms. Tolman:
Reference is made to the letter dated March 17, 1980
from Royal R. Reynolds of the Suffolk County Department
of Health to ~[s. Kowalski re Appeal No. 2671 (Application
of Helen McNulty and Anita McNulty, Laurel).
I have spoken with Mr. Reynolds by telephone today,
and am advised[ by him that the Suffolk County Depart-
ment of Health does not require a test well or any other
action on the part of applicants Helen McNulty and Anita
McNulty prior to action by the Southold Town Planning
Board on the pending application. At such time as appli-
cants apply for building permits on the revised lots (if
the "subdivisJ. on" application is approved by the Planning
Board) or on the existing lots (if the application is
denied by the Planning Board), then applicants would be
required to apply to the Department of Health and drill
test wells.
Thank you for your consideration in this matter.
yohn C. Diller
JCD:bh
cc: Royal R. Reynolds, P.E.
Public Health Engineer
General En%-ineering Services
Suffolk County Department of Health
Riverhead, New York 11901
JOHN C. DILLER
PECONIC BAY BOULEVARD
LAUREL, NEW YORK 11948
March 20, 1980
Ms. Muriel Tolman
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: McNulty "Subdivision"
Dear Muriel:
In connection with the pending application of
Anita McNulty and Helen McNulty to revise a common
boundary on two lots at Peconic Bay Boulevard, Laurel,
New York, I enclose for your records copies of two affi-
davits from Title Guaranty Company dated March 1980
which show that each of the subject lots has been in
single and separate ownership since 1943.
The original affidavits are on file with the Southold
Town Zoning Board which approved the variance requested
for the revised cor~on boundary on March 20, 1980.
If anything more is needed please let me know.
Thanks for your help.
JCD:bh
Encls(2)
Sincerely yours,
JOHN C. DILLER
PECONIC BAY BOULEVARD
LAUREL, NEW YORK 11948
March 20, 1980
Robert N. Thurber
Environmental ~%alyst
New York State Department of Environmental Conservation
Regulatory Affairs Unit
Building 40, SUNY - Room 219
Stony Brook, New York 11794
Re: Town of Southold
McNulty "Subdivision"
ZBA Appeal ~o. 2671
Dear ~. Thurber:
With refernce to your letter dated March 18, 1960
to Southold Zoning Board of Appeals and with refernce
to our telephone conversation today, I enclose a map
prepared by Young & Young Surveyors dated February 22,
1980 for Anita McNulty and Helen McNulty which shows
a wood bulkhead on the subject properties. Said bulk-
head has been maintained in good working order since its
installation many years ago.
We request that you verify the existence of said
bulkhead, and upon such verification issue a no jurisdiction
letter to me and to the Southold Zoning Board of Appeals
as you indicated to me today by telephone
Thank you for your cooperation in this matter.
Very truly yours,
JCD:bh
Encl(1)
CC: Southold Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11971
CC:
Southold Town Planning Board /
Southold Town Hall
Main Road
Southold, New York 11971
(c) Mortgage recorded, in Liber ............ Page .................... in original amonnl
of $ ................ unpaid amount $ ................ held by ...........................
.......................... address ......................................................
8. There are no other encumbrances or liens against the land e.)L,~3~ ........................
9. The land lies in the following zoni.ng use districts AO'~:i~u~Ltt.~. ~ .]~.J~.~.r~.'g.i..a.~.
10. No part of the land lies under water whether tidelwater, stream, pond ~vater or otherwise, ~c~
11. The applicant shall at his expense install al~ required public improvements.
12. The land, ~ (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is ..............................................................
N//kl3. Water mains will be laid by ..............................................................
and (a) (no) charge will be made for installing said mains.
N//~14. Electric lines and standards will be installed by .........................................
and (a) (no) charge xvill be made for installing said
................................
N/~%15. Gas mains ~vill be installed by ........................... 2 ................................
and (a) (no) charge will be made for installing said mains.
N/Al& If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
N/A. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "C' hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat. , except: building to be moved.
N/A19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
N/A20. In the course of these proceedings, {he applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
N/A21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
N/A
22. The applicant estimates that the cost of grading and required public improvements will he
$ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of
the Performance Bond be fixed at ............ years. The Performance Bond will be written
by a licensed surety company unless otherwise shown on Schedule "F".
DATE
.~ar.qb..2..o.,...1.9.8..o .......... m ....
(Nature of Applicant) ~
..........
(Signature and Title) ff
(Address) New York 11948
STATE OF NEW YORK, COUNTY OF . .$~F.F.QLK ....................... ss:
On the .................. day of .. ~laz:ch ................ 19. ~[0.., before me personally came
Anita. M=N.ul.ty..&. ~[e.%en. McN. ul.ty., to me known to be the individualSdescribed in and who
executed the foregoing instrument, and acknowledged that ..~h~ ...... executed the same.
......
QusllfleNdoi 4694689
'n Suffolk County ~
Tsrm Exoirns i~ '~,~h aC) 19 '~'~/
STATE OF NEW YORK, COUNTY OF .................................. ss:
On the .................. dtzy .............. of ........... 19 ...... , before me personally came
................................................ to me known, who being by me duly sworn did de-
pose and say that ............ resides at No .....................................................
................................................ that .......................... is the ..........
the corporation described in ~nd which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corpor-
ation, and that ............ signed ............ name thereto by like order.
1'a;1~- bt March 30, 19 ?.~_
Schedule A
Two Lots:
#1 BEGINNING at a point on the southerly side of Peconic
Bay Boulevard 210.32 feet east of the sd~/theasterly inter-
section of Peconic Bay Boulevard and Laurel Lane;
RUNNING THENCE along said southerly side of Peconic Bay
Boulevard North 55 degrees 56 minutes East 52.58 feet
to land of Helen McNulty;
THENCE along said land of Helen McNulty South 18 degrees
57 minutes 10 seconds East 445.04 ± feet to mean high water
mark of Peconic Bay;
THENCE along the mean high water mark of Peconic Bay on a
tie line southwesterly 53 ± feet to lands of the Charles
J. McNulty Estate;
THENCE along said lands of the Charles J. McNult~ Estate
North 18 degrees 54 minutes 30 seconds West 447 - feet
to the point or place of BEGINNING.
#2 BEGINNING at a point on the southerly side of Peconic
Bay Boulevard 262.9 feet east of the southeasterly inter-
section of Peconic Bay Boulevard and Laurel Lane;
RUNNING THENCE along said southerly side of Peconic Bay
Boulevard North 55 degrees 56 minutes East 52.58 feet
to land now or formerly of Edwin A. Ehlers;
THENCE along said land now or formerly of Edwin A. Ehlers
and land of Dorothy E. Thoet South 19 degrees East 443
+ feet to mean high water mark of Peconic Bay;
THENCE along the mean high water mark of Peconic Bay on
a tie line southwesterly 53 + feet to land of Anita McNulty;
THENCE alOng said land of Anita McNulty North 18 degrees
57 minutes 10 seconds West 445.04+feet to the point or
place of BEGINNING. --
APPLICATION FOR APPROVAL OF PLAT
To thc Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat
in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Toxvn
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
N/~' The name of the subdivision is to be ....................................................
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of
deed suggested.)
4. The land is held by' the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
Liber ........................ Page ...................... On ........................ ;
as devised under the Last Will and Testament of ..Ch.a.l',l.~..vT.,. ~¢Nl~l,1;y. ............
or as distributee ...................................................... ? .................
5. The area of the land is .0ac.+..acre.. acres.
6. All taxes which are liens on the land at the date hereof have been paid i~gSlg ..........
7. The land is encumbered by . .no .........................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber ............ Page .................... in original amount
of $ ................ unpaid amount $ ................ held by ..........................
.......................... address ......................................................
(b) Mortgage recorded in Liber ............ Page .................... in original amount
of $ ................ unpaid amount $ ................ held by ...........................
.......................... address ......................................................
(c) Mortgage recordec~ in Liber ............ Page .................... in original amount
of $ ................ unpaid amount $ ................ held by ...........................
.......................... address ......................................................
8. There are no other encumbrances or liens against the land ~RtfO~t~ ........................
9. The land lies in the folloxving zoni~ng use districts Agricultural. ~
10. No part of the land lies under water whether tide ~vater, stream, pond ~vater or otherwise,
N/A 11. The applicant shall at his expense install al~ required public improvements.
12. The land~ ~ (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is ..............................................................
N/Al& Water mains will be laird by ..............................................................
and (a) (no) charge will be made for installing said mains.
N/A14. Electric lines and standards ~vill be installed by .........................................
.................................... and (a) (no) charge will be made for installing said
lines.
N/Ali Gas mains ~vill be installed by ............................................................
and (a) (no) charge will be made for installing said mains.
N/Al6. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
N/AIL If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.,except building to be moved.
N/A19. Where the plat shows proposed streets svhich are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
N/A20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
N/A21. Submit a copy of proposed deed for lots sho~ving all restrictions, covenants, etc. Annex
Schedule "D".
N/A
22. The applicant estimates that the cost of grading and required public improvements will be
$ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of
the Performance Bond be fixed at ............ years. The Performance Bond will be written
by a licensed~ surety company unless otherwise shown on Schedule "F".
DATE .Ma, lc.qb..2. O.~..]~$.8..0 .......... 19 ....
(Name of Applicant) ,
wy .........
(Signature and Title) ~'
C/o John C. Diller, Box 39, Laurel,
(Address) New York 11948
STATE OF NEW YORK, COUNTY OF . .$~.i?F.QI~K ....................... ss:
On the .................. day of .. Max:ch ............... 19. fi0.., before me personally came
AD.,i'ca · ~9::N. ul.ty..&. ~e~en. Mc~ul.ty.. to me known to be the individua~described in and who
executed the foregoing instrument, and ackno~vledged that _t~ ~,~ executed the same.
ff
/ .......
~.~. ~~ .................. to me known, who ~ing by ~ne duly sworn did
pose and say that..~..g resides at No .... ~~.~. .... 2r. J. ..............
................................................ that .......................... is the ..........
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal aff~ed by order of the board of directors of ~id corpor-
ation, and that ............ si~ed ............ name thereto by like order.
Schedule A
Two Lots:
#1 BEGINNING at a point on the southerly side of Peconic
Bay Boulevard 210.32 feet east of the southeasterly inter-
section of Peconic Bay Boulevard and Laurel Lane;
RUNNING THENCE along said southerly side of Peconic Bay
Boulevard North 55 degrees 56 minutes East 52.58 feet
to land of Helen McNulty;
THENCE along said land of Helen McNulty South 18 degrees
57 minutes 10 seconds East 445.04 ± feet to mean high water
mark of Peconic Bay;
THENCE along the mean high.water mark of Peconic Bay on a
tie line southwesterly 53 ± feet to lands of the Charles
J. McNulty Estate;
THENCE along said lands of the Charles J. McNult~ Estate
North 18 degrees 54 minutes 30 seconds West 447 ~ feet
to the point or place of BEGINNING.
#2 BEGINNING at a point on the southerly side of Peconic
Bay Boulevard 262.9 feet east of the southeasterly inter-
section of Peconic Bay Boulevard and Laurel Lane;
RUNNING THENCE along said southerly side of Peconic Bay
Boulevard North 55 degrees 56 minutes East 52.58 feet
to land now or formerly of Edwin A. Ehlers;
THENCE along said land now or formerly of Edwin A. Ehlers
and land of Dorothy E. Thoet South 19 degrees East 443
+ feet to mean high water mark of Peconic Bay;
THENCE along the mean high water mark of Peconic Bay on
a tie line southwesterly 53 + feet to land of Anita McNulty;
THENCE along said land of Anita McNulty North 18 degrees
57 minutes 10 seconds West 445.04+feet to the point or
place of BEGINNING.
TOWN OF SOUTHOLD
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In Order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely' impacts of the action, It is not expected.that
additional studiess research or other investigations will be undertaken,
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary,
(c) If all questions have been answered No it is likely that this
project is not significant,
(d) Environmental Assessment
~. Will project result in o large physical change
to the project site or physically alter more
than l0 acres of land? ........................ .Yes'N°
2. Will there be a major change to any unique or ·
unusual land form found an the site? .......... Yes. XNo
3. Will pro)eat alter or have a large effect on
existing body of water? ....................... Y,es~,.No.
t. Will pro)eat hove a potentially large impact .,
an groundwater quality? ....................... _Yes ~ No
5. Will pro)eat signlficontly effect drainage
flow on ad)scent sites? ........................ Yes X No
~. Will pro}eat affect any threatened or
endangered plant or animal species? ........... Yes.~.No
1. Will project result in a ma)or adverse effect
on air quality? ..............................., . .Yes ~_No
8. Will pro)eat have a major effect on visual
character of the community or scenic views or
vistas known to be important to the community?. ,;Yes~,~No
9. Will project adversely impact any site or
structure of historic~ prehistoric or
paleontological importance or any site
designated as 'a critical environmental area
by a local agency? ...... . ... .. Yes ~ No
10. Will project have a ma)or effect on existing
future recreational opportunities? ......... Yes.No
or
11. Will pro~ect result in ma)or traffic problems
or cause o major effect to existing
transportation systems? ....................... .Yes ~ No
12. Will project regularly cause objectionable
odorss noises glares vibrotion~ or electrical
disturbance as a result of the project's
operation.? ............ : ....................... Yes. ~iNo
13. Will pro3ect have any impact on public health
or.safety? .................................... Yes, X No
14. Will project affect the existing community by
directly causing a growth in permanent
population of more than 5 percent over o one
year period or have o major negative effect
on the character of the community or
neighborhood? ................................. Yes.... .~No.
15. Is there public controversy concerning the
pro,eat? ...................................... Yes..~N°
PREPARER' S SIGNATURE
Southold Town Planning Board
Town Hall
Southold, New York 11971
March 20, 1980
Anita McNulty & Helen McNulty
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundztion excavation for
residential buildings is proposed.
(2) No new roads are proposed and no changes will be made
the grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
Re:
Gentlemen:
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
THE TITLE ~GUARANTEE COMPANY
~100 West Main Street
Riverhead~ New York 11901
STATE OF 5~E~ YORK) SS
COUNTY OF SUFFOLK~
VARIANCE S?ARCH
Title No.' 809649
DOMINIC J. PISCITELLI~ bein~ duly sworn, deposes and says:
That he is an Assistant Vice President and Assistant Branch
~ana~er of THE TITLE GUARANTEE COMPA~ and has had a search
made~ under his direction~ of the records and/or the files
of the County Clerk and Reglstrar of the County of Suffolk
for the 9uroose of an application for a variance affecting
the following premises:
Town of Southold
Southerly side of Peconi¢ Bay Boulevard
TM~ District 1000 Section 145 Block 2
5ot 'p/O I
That such search includes a chain of title as to the oremises
and all of the ajdoinin~ lots since Drior to 4/1957 and
such search shows and he does certify that the oremises has
been in single and seoarate ownershio since orior to that
date, e×ce0t as may be shown by the attached chains of title.
That this affidavit is made to assist the ~oard of Aooeals
of the Town of Southold to reach any determination which
requires as a basis therefor the information set fnrth
herein and hnowing full well that the said Board will rely
uDon the truth hereof.
~W~orn to befor9 me
this
, 19
THE ~TI~, GUARANTEE COMPA?~f
b YT/~ ~ c--..77-~I ~- cUi fe-Yl~f--
Ass't Vice President ~R
Ass't Branch Nanager
DESCRIPTIONS
PARCEL Ac (SUBJECT
ALL that certain plot, piece or parcel o~ land, situate, lying
and being in the Town of Southold, County of Suffolk and State
.of New York bounded and described aa follows:
BEGINNING AT a point on the southerly si~e of Peconio Bay Blvd
distant 210.32 feet Easterly as measured along the southerly
of Peconic Bay Blvd. from the corner formed by the intersectiol
of the Southerly isde of Peconic Bay Blvd. with the easterly
side of Laurel Lane
THENCE North 55 degrees 56 minutes East along the southerly
side of Peconic Bay Blvd., 52.58 feet~
TI~ENCE South 18 degrees 57 minutes 10 seconds East, 445.10
ko Peconic Hay
· ~HCE South 54 degrees 12 minutes 10 seconds West, along Pec
Bay. 53.40 feetl
T~ENC~ North 18 degrees 52 minutes 00 seconds West, 446.86
to the southerly side of Peconic Bay ~lvd., at the point or
of B~GIITRING
PARCEL B= (ADJACENT EAST)
bescribed ~roperty
PARCEL Cc {ADJACENT ¥~ST)
Described Property
PARCEL D: (ADJACENT NORTH)
PECONIC BAY BLVD.
PARCEL El (ADJC~IT SOUTH)
PECONIC BAY
cHAiN OF TITLE FOR PARCEL A:
Mar~ha A. Albin Libe= 382 cp. 204
tO Da~ed: 1/4/1893
Cb_arles J. ~cNulty Rec'd: 1/9/1893
Note~ Charles J. McNulty died 5/23/1943 ~ 291P1943. Under
L:'~&T ~ubject premises left to Anita McNulty who is the last
record owner
C}5%!N OF TITLE FOR PARCEL
Martha A. Albin
to
Charles J. McNulty
DEED
DEED
Liber 382 cp. 204
Dated= 1/4/1893
Rec'd~ 1/9/1893
Note~ Charles J. McNulty died 5/23/1943 % 291P1943. Under
LW~T premises left to Helen J. McMulty who is the last record
CHAI~? OF TI.~LE FOR PARCEL C: DEED
Martha A. Albin Liber 382 cp. 204
to Datea= 1/4/1893
Challes J. McNulty P, ec'd~ 1/9/1893
Note: Charles J. Mc?$ulty died 5/23/1943 % 291P1943. Under
LW&T premises left to Edna B. McNu!ty who is the last record
owe. er
Nothing further found.
DATZD: 3/12/S0
to before me this
day of March, 1980
....... ~ l
L
T~ETITLE GUARANTEE COM~
'DOMINIC J. PISCITELLI
ASs't Vice President
Ass't Branch Manager
THE TITLE GUARANTEE COMPANY
llO0 West Main Street
Riverhead, New York 1]_901
STATE 'OF ].~EW YORK)
COUNT~' OF SUFFOLK] SS
VARIANCE S FiqRCH
Title No.' 809648
DOMINIC J. PISCITELLI, being duly sworn, deooses and says:
That he is an Assistant Vice President and Assistant.Branch
Manager of THE TITLEGUARANTEE COMPANY and has had a search
made, under his direction, of the records and/or the files
of the County Clerk and Registrar of the County of Suffolk
for the purpose of an application for a variance affecting
the following premises:
Town of
Southsrly side of Peconic Bay Boulevard
TM: District 1000 Section 145 Block 2 Lot 'p/O I
That such search includes a chain of title as to the premises
and all of the ajdoinin~ lots since prior to 4/1957 and
such search shows and he does certify that the premises has
been in single and seoardte ownersh~o since prior to that
date, exceot as may be shown by the attached chains of title.
That this affidavit is made to assist the ~oard of A~neals
of the Tow~ of Southold .to reach Shy determination which
requires as s basis therefor the information set in-th
herein and knowing full well that the said ~oard will rely
UPOn the truth hereof.
Sworn to before me this
,
Ass't Vice President
Ass't Branch Manager
DESC_~!PT?ON~
PARCEL A;: (SUBJECT
ALL that cert--in plot, _~iec~. or parcel of lan~, Situate, lying
and being in the To~rn of Southold, County of Suffolk and State
cf New York boun~ed and ~.e~erib~d as
PEGI~-NI~G at a point on the i~southerly zide cf Peccnic Bay Blvd.
262,90 feet Easterly as measured alon~ the southerly side
of Peconic Bay ~lvd. from the corner ferm~d .by '~he intersection
of the Southerly side of Peconi¢ Bay l~.!vd, with t.ho easterly
std~. of Laur~l !~ne;
~J~.~ING T!{ENC~. North 55 degrees 56 minutes East 52.58 feet along
the ~outherly si~e of Peconic Bay B!vd~
T!~-F. NCE Scu,~.h 19 degree~ 00 seconds ~as~, ~.~.~3.37 feet to Peconic
~,ay;
THENCE Seu~.h 54 degrees 12 minutes l0 seconds ;~s~, 53.40 feet
a!o.n? Peconic Bay
THE.~CE North !~ degrees 57 minutes 10 seconds X%'est, 4~5.10 feet
to the southerly side of Pocontc Bay Blvd., at the point or
place o,~
Pr3.CEL S: (ADJaCm~.~ ~ST)
Described P~operty
PARCEL C: (ADJACENT F~ST)
Described Property
PARCEL D: (ADJACenT ~T)
Described Property
PARCEL E~ (ADJACENT NORTH)
PECOHIC BAY BOULEVARD
P~CEL F: (ADJACENT SOUTH)
BAY
.'~artha Albin Liber 382 cp. 204
to Dated: 1/4/iS93
Ch.=.rle~ J. !'_.cNulty Re¢'d: 1/9/1893
Note: Charles J. ~,c~lulty died 5/23/43 ~ 291~1943. Under LW&T
pre:nises devised to HelTn J. HcL~ulty who is the last record owne
C!!I2'_~ OF TITL~ FOR P~RCEL B: DIJED
Hartha A. Albin L[.'oor 392 cp. 204
to Dated: 1/4/18.93
Cb~arles J. I:c'~,'ulty Rec'd: 1/9/1593
Nc. re: Cha_-les J. ~,?.c~ulty died 5/23/43 ~ 291P1943. Under LW&T
pre~,ises ~evi~d to Anity ~cNulty who is th,~ last record ow~.er
C.UAit7 OF TIT:Ji FOR PARCEL C:
Edwin Arthur Ehlers, Alb~-rt Ehlers, Jr.
Eorothy E. hl~_rs Thoet,
~-idwin Arthur Ehlers
Dorothy Eh!ers Thoet, as
DEED
Liher 3707 cp.
Dated: 6/$/54
Rec'd: 6/11/54
147
E.[w!n >~thur Ehlers
}[argaret Ann Ehlers,
to
Dorothy Eh!ers Thoet
Last record Owner.
Liber 4665 Cp.
Dated: 7/22/59
P~c'd: 7/28/59
207
CHAIN OF TITLE FOR PAi~CEL D:
Edwin Arthur Ehlers, Albert Ehlers
Dorothy Ehlers Thoet
to
Edwin Ar~/lur Ehlers & Dorothy
Ehlers Thoet , as tenants in common
Margaret Ann Ehlers, Edwin Arthur
Ehlers, Dorothy Ehlers Thoet
to
Edwin k. Ehlers & Elizabeth P.
Eh!ers,
Edwin A. & Elizabeth P.
to
Elizabeth P, Ehlers
Last record Owner
Ehlers,
DEED
Liber 3707 cp.
Dated~ 6/8/54
Rec'd: 6/11/54
147
Liber 4665 cp. 203
Dated: 7/22/59
Rec'd: 7/28/59
Liber 6963 cp. 25
Dated: 7/9/71
Rec'd~ 7/12/71
}~othing furrY, er found.
DATED: 3/12/80
THE T~/~_GUARANTEE COMPANY
D(~SI~IC J. PISCITELLI
Asg't Vice President
Ass't Branch Manager
Swo~n to before me this
day of March, 1960.
After investigation and inspection, %he Board finds that
the applicants are requesting approval of a re-subdivision of
two lots, which apparently were divided by probate of will of
Edna B. McNulty, before zoning was adopted in the Town of
Southold', to the applicants herein. The applicants have sub-
mitred ~or the record Variance Search showing the chain of
title of the subject premises certified, by the Title Guarantee
Company March 18, 1980. The reason for this request for a
change of the yard'lines is the lots presently have only
approximately 50~fOot road frontage, and to build a house to
meet the sideyard restrictions of the zoning ordinance would
be impractical and cause the dwellings to be considerably
close unnecessarily. The Board does agree with the reasoning
of the applicants.
The Board finds that the circumstances present in this
case are unique, and that strict application of the ordinance
would produce practical difficulties or unnecessary hardship.
The Board believes that the granting of a variance in this
case will not change the character of the neighborhood and
will observe the spirit of the zoning ordinance.' ·
On motion by Mr. Grigonis, seconded bY Mr. Tuthill, it
was
RESOLVED, that HELEN and ANITA McNULTY,-by John C. 'Diiler,
Box 39, Laurel, New York 11948, be GRANTED a Variance to the
Zoning Ordinance, Article III, Section 100-31, in Appeal No.
2671, for approval of the insufficient area ~nd width of two
parcels as applied for herein,.SUBJECT TO THE FOLLOWING
CONDITIONS:
(1) Approval of the subdivision by the Southold Town
planning Board, if applicable;'
'(2~ Approval of the N.Y.S. Department. of Environmental
Conservation, if applicable;
. ' - (3)' Approval of the Suffolk County Department of Health. -
Location of property: South Side of Peconic Bay Boulevard,
Laurel; bounded north by. Peconic Bay Boulevard,-west by Laurel
Lane, south by Peconic Bay, east by Ehlers an~Thoet. .county
Tax Map Item No. 1000-145-2-part of 1. j..:~..... ..
Vote of the Board: Ayes: Messrs. GrigoniS,.Tuthil!, Doyen
and.Goehringer Absent: Messr. Douglass.
APPROV.ED '
~tLASER FICHE FORM
SUBDIVISIONS
Project Tvpe: Minor
Status: Final Approval
SCTM #: 1000- 145.-2-1
Proiect Name: McNultv, Anita & Helen
Location: southeasterly side of Peconic Bay Blvd.,210.32' northeasterly from
Laurel Ave., Laurel
Hamlet: Laurel
Applicant Name: Anita & Helen McNutty
Owner Name: Anita McNultv
Zone 1: ~r~fi~;~l/~icoc¥¢fc~
Approval Date: 8/29/80
PLAT Siclned Date: /~///6~/~ O
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2:
C and R's:
Homeowners Association:
R and M Aclreement:
Zone 3:
Address: southeasterly side of Peconic Bay Blvd.,210.32' northeasterly from Lau
County Filin(~ Date:
SCANNED
MAR 2 7 2006
Records Management
SCAN Date: