HomeMy WebLinkAbout1000-55.-2-5.2
SURVEY FOR LOT LINE CHANGE
5IlUATE: SOUTHOLD
TOWN: SOUTHOLD
SUFFOLK COUNTY, NY
5IJRYEYED 0~-03-2005
REVISED 11-01-2005
LINE 5TAKED 03-16-2006
SUFFOLK GOUNl"Y TAX #'5
1000-55-2-5.2
1000-55-2-5.3
Owaen:
RldI8rd G. Wild
Susan C. Wild
440 Old Ncrth Roed
SoudIoId, New Yod< 11971
APPROVED BY
PLANNING BOARD
TOWN OF SOUTHOLD
DATE
JUN 11 2007
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OVERALL AREA = '10p~1 SF OR 2.0~ ACRE5
,AREA LOT I BEFORE LINE CHAN6E = 50,523 SF OR 1.16 ACRE5
AREA LOT 2 BEFORE LINE CHAN6E = 4O,15e> SF OR 0.'12 ACRE5
AREA LOT 1 AFTER LINE CHAN6E = 48,51'1 SF OR 1.11 ACRES
AREA LOT 2 AFTER LINE CHAN6E = 42,162 SF OR 0.'1' ACRE5
ZONIN6 DI5TRICT AC - SETBACKS 6ASED UPON NONCONFORMIN6 LOT5
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JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIe. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287 REF.\\Compaqserver\pros\05\05-247.pro
GRAPHIC SCALE
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1"= 50'
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PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
MAIliNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
OFFICE WCAll0N:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
June 12,2007
Jennifer B. Gould, Esq,
P.O. Box 177
Greenport, NY 11944
Re: Proposed Lot Line Change for the properties of Richard and Susan Ward
Located on the sIsto Old North Road, approximately 1,380' west of North Road, in
Southold
SCTM#1000-55-2-5.2 & 5.3 Zoning Districts: A-C
Dear Ms. Gould:
The Southold Town Planning Board, at a meeting held on Monday, June 11,2007,
adopted the following resolution:
WHEREAS, this proposal is to reconfigure the lot lines and reduce the width of the right-
of-way on the subdivision map of Vito W. Amari where, following the lot line changes,
Lot 1 equals 48,519 sq. fl., Lot 2 equals 42,262 sq. fl. and the right-of-way is reduced to
a 20'-wide common driveway to provide access to Lots 2 & 3; and
WHEREAS, on June 3, 2005, the applicant submitted an application for a Re-
Subdivision (Lot Line Change), including a survey prepared by John C. Ehlers, L.S.,
dated August 3, 2005 and last revised on November 1, 2005; and
WHEREAS, the resulting lot line changes make both lots non-conforming with respect
to lot area and lot width and the existing structure non-conforming with respect to the
side yard setback; and
WHEREAS, the Zoning Board of Appeals granted the necessary relief on August 29,
2006 (ZBA File # 5867); and
WHEREAS, as a condition of approval, the Zoning Board of Appeals is requiring that
the barn that currently exists on Lot 2 shall remain at the present location until such time
that a residence is established, at which time the barn must be made to conform to the
Code; and
I .
.
Ward Lot Line Chanqe Paqe Two
June 12. 2007
WHEREAS, on November 13, 2006, the South old Town Planning Board granted
conditional final approval on the surveys prepared by John C. Ehlers, L.S., dated
August 3, 2005 and last revised on November 1, 2005; and
WHEREAS, on April 10, 2007, the applicant submitted certified copies of the deeds and
a Common Driveway Agreement executed by the owners of Lots 2 and 3, all of which
were filed with the Office of the County Clerk on March 26, 2007; and
WHEREAS, on April 11 ,2007, the applicant submitted the final map, prepared by John
C. Ehlers, L.S., dated August 3, 2005 and last revised on March 16, 2006; and
WHEREAS, on June 11,2007, the applicant submitted copies of the recorded
Declaration of Covenants and Restrictions; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants final approval on
the surveys prepared by John C. Ehlers, L.S., dated August 3, 2005 and last revised on
March 16, 2006, and authorizes the Chairperson to endorse the maps.
Copies of the signed map are enclosed for your records.
If you have any questions, please contact this office.
Very truly yours,
~j$. M4A.{C<-L-<-
~rilyn B~ Woodhouse
Chairperson
Ene.
cc: Building Department (w/map)
Assessors Office (w/map)
4
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Proiect Status Report for Re-Subdivisions (Lot Line Chanqesl
Application Dates
Pre-Submission Conference
SEQRA Determination
Application Received
tu/3/o5
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SC Planninq Commission Referrai
Application Fees Paid
Application Reviewed at Work Session (D/~/or
SC Planninq Commission Comments
Conditional Final Approval
Fire Department Comments
Final Approval
Enqineer Conference
SEQRA Coordination
Public Hearinq Waived
Public Hearinq Date
Final Map RoutinQ:
Tax Assessors
Building Department
Land Preservation
Highway Department
Additional Notes:
.
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MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
PLANNING BOARD MEMBERS
JERlLYN B. WOODHOUSE
Chair
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
"
Application for Re-Subdivision/Lot Line
Modification
APPLICATION IS HEREBY MADE 10 !he Town of Southold Planning Board for !he
proposed RE-SUBDIVISION described herein:
I. Original Subdivision Name Map of Land Made for Vito W. Amari' approved
March 12,.'1975 by the Southold Town Planning Board
2. Suffolk County Tax Map # 1000-055.00-02.00-005.002 & 005.003
3.
Hamlet
So'lthold
4.
Street Location
4006 Old North Rd. (lot 5.2 - Richard G. Ward)
& 4400 Old North Rd (lot5.3 - Susan C. Ward )
tobl acrea<jo for lloth lots is 90,662 sq. ft.
proposed lot 2 is 42,160 sq.ft & lot 1 is 48,522 sq.ft.
AC
5.
Acreage of Site
6.
Zoning District
7.
Date of Submission
June 3, 2005
8. Please provide the names, addresses and phone numbers for the following
people:
Applicant:
Richard G. Ward, Ward Associates
1500 Lakeland Ave., Bohemaa, NY 11716 631-563-4800
I;;usan C. Ward
4400 Old l~L U. Road, 5uuUluld, NY 11971 631-765-2326
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Agent:
Jennifer B. Gould, Esq. 005
no Mam St., PO Box III, Greenport, NY 11944 JUN -) 2 ,j I
631-477-8607 (phull") 631-4'11-2601 (fax) ; ; . _.....- .-.JJ
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Property Owner(s):
property owners are same individuals as applicants
SU"""l C. Ward & Hichard G. ward - see page 1 for all
il"1f-onnatiOlJ. ,a.d&'c.::>>;::,t:::;:a CUJ:J tdJUJJ~ numbers
Surveyor:
Peconic Surveyors, PC (John Metzger)
1230 Traveler St. PO Box 909, Southold, NY 11971
631-765-5020 (phonRI: 611 76~-1797 (fax)
Engineer:
not applicable
Attorney:
Jennifer B. Gould, Esq. same tndiviudal as agent
see page 1 for address and phone numbers
)
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9. Briefly describe the proposed lot line change and state reason(s) for requesting same.
The prQposM rRmnfigll.ratioI;l of lots 5.2 & 5.3 ~.'ill proocrvc
the present landscaping and lawn to the existi ng t-r_ 1 i no' nf M" tvaw' s present
single family dwelling on proposed lot #1 ~ n additiOn. to maintaininq the
natural woods that exist in the rear yars' of both lots 1 &2. The proposed
buildinq envelope for ] at- 2 wi 11 1.,,,,,j- il11f"'"j- j-h., M..'O Qviliting m\lElllill91il in this
three (3) lot subdivision, in addition to the two (2) hones to the irrrnediate
west of the subdivision. .
RMll"j-inn nf HIe Cl]J:"];;Qt:It 50 f-oot right of\7ay to 20 feet will create a side
yard of 30 feet on the vacant lot, proposed 1nj- :;> nn j-h., "j-j-""h='l lQt 1 iTle
survey.
10. DOES THE PROPOSED MODIFICATION:
Affect the street layout in the original subdivision? .
nn
Affect any area reserved for public use?
no
Diminish the size of any lot?
Susan Ward's existing lot.is 50,524 sq.ft. and will decrease in
size to 48,522 sq.ft.; however, Richard Ward's lot will increase
in size fram 40,158 sq.ft. to 42,160 sq.ft.
yes *
.'
.
Create an additional building lot?
no
Create a nonconforming lot? no - lots are already
nonconforming under present code
Require a variance from the Zoning Board of Appeals? y"''''"
Impact the future planning of the subject properties? yes - h=n will eventually
De moved to Susan. Ward's property I and proposed house building envelope
11. Appli~!tlig.J~_emys vacmr~ <fflhel"ill ~ agemged [] other
,
Application canpleted by Agent- Jennifer B. Gould
UPON SUBMITTING A COMPLETED APPLICATION, THE PLANNING
BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE
PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW. IF
THE APPLICATION MEETS THE CRITERIA FOR A WAIVER, THE
MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY
RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED.
IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE
SUBSTANDARD LOT SIZES, LOT WIl;THS OR MAKE EXISTING
STRUCUTRES NONCONFORMING yfITH RESPECT TO SETBACKS, THE
APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD
APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING
BOARD OF APPEALS.
S.,..lure "fPrep",,~ ~J..
Date h -?:, - 200S
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August I I; , 2004
Southold Town Planning Board
P.O. Box 1179
Southold, NY 11971
RE: lOT LINE CHANGE APPLICATION
RICHARD G. WARD AND SUSAN C. WARD
SCTM 1000 - 55 - 2 - 5.2
ladies and Gentlemen:
I, Richard G. Ward, owner of the property at SCTM 1000-55-2-5.2 in Southold, New York
hereby authorize Jennifer B. Gould, Esq. to act as my agent and handle all necessary .
work involved in the lot line change proces .' h the Southold Planning Board.
JQ~
Richard G. Ward
Sworn before me this
day of August, 2004
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Notary Public
KAN'N L STALTER
Nor.ry Public, Slale of New Yort
No. 4S'. 3546
COIh..=ed In Suffolk Coullly
. Expires 0ct0lIer~... Zooc..
.
Southold Town Planning Board
P.O. Box 1179
South old, NY 11971
ApRil
1"'9' 'st
.... -
RE: LOT LINE CHANGE APPLICATION
RICHARD G. WARD AND SUSAN C. WARD
SCTM 1000 - 55-2-5.3
Ladies and Gentlemen:
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I. Susan C. Ward. owner of the property at SCTM 1000-55-2-5.3 in Southold. New York
hereby authorize Jennifer B. Gould. Esq. to act as my agent and handle all necessary
work involved in the lot line change process with the S thold Planning Board.
Sworn before me this 3~
day of AuglJ,1. 2004
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ra":-ul ::K'_-.~:' elf :~ L ::;1''': ~:~:~i. and other good and va 1unble ccnsideratio'l. ~.
l>~: ::.. pJ',~: d T~I{ v-.,I:.l ;,;<r:. ';.;_," h,'rel,! !:'~:1\ ~,.d ~dr~~t U~\I) Ij;~ ;-.:ony of '.~ :<<,"::orod ,}.1\~. l~ Mir' or -'-
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All. 1""-1 ,~,-:~'" ;,4':. pic~-' ." j".J.~cel 0\ bu.:. with :~~ k,iTdini:'~ ...~.d i!lIj>'O",';'.'CI1!S thtH'Cll n..-cu-d, s.ilu:tr.
hinr ~n" :"';~.K~~1l at Southold, [n t~e Tcwn of Souz::h..,ld, County a!
and St......tl:'; of Ne"..' York, boun,i':!d and dcac'dbe.d llS follows:
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SECn'NING at [l point on the s01..1therly line of Old North"_>:.";':,:'i/f.
R!)aJ at ';.'ne inter5~cti(ln of the nortnvest-erly CQ:rner of the p:emi.ei.~.~~..:,
hereb. cescriteci ...ith l:he n:)rtheast~rly corner of land now or fo~~i,~
of Stan lev S. Stone and ....ife; .' . "'!"
R'.mnir.g thence alo,_,]g ~aid l..and of Stone ;x,uth 4 deg-::ees ".:-'::
29 minutEs 10 seconds Hest .3 df.stuoce of 435.50 feet;
Rur,-r.ing '':\lence along other land of the seller
09 ffiin:.:t2S 10 seconds West .1 d1":1tance of 457.12 feet; , .-,,--'~'
?unniu& thence along land 1"0<;.1' or fbr.ner1y of Carrc11;'.South-:::':;
'j degrees 39 f!linutes 10 seconds West B dic.t1ll1c~ of. 315.0 feet;:,. "'~:'<,;_i.~''--'
Rlmn:tr..g th2n:,:e s ti II &long lane! nOW' c't formerly of C;..:.irOlV-"--:i.~:::';':
North 79 oegree:9 02 :ninlJtcs 10 seconds ED.st k: distanc~' or- 375.18.:fee~':;
to land r:0"'''; cr formerly of 7almer; .- ':;:/{
RU!lOing thenc~ a1cn.g said lane! now en.' formerly ofPn1uer".. ./~~
North 5 degree 5 53 minllte'\ :;::0 oqecuods Ea5': a. !!isto.nc-!: of 11;07.98 - fee~;~1,
to the sQutherly side of 01.1 North Roac.; ;.':~:-
Running th~r,c~ al('1,)& said Southerly side of Old North Road, ,~T
North 86 c!egre~,q21 minutes .30 seconJs ~"cgtJ ,]. r1i.stance of 217.06f~i~X2'
to land focmedy of valy: . --.. -~- .- ~t;
rlunning thence i-llOllg Baid land .south 4 degrees 29.'tilim,u';i" ....,
10 seconds \.lest a dintar:;ce of 200.0 feet; '.~.~~":,O:,,,~,'
Running thence, 51::::11 along 3aid lanJ, North 86 degrei'lo "
21 minutes 30 seconds West Ii distance of 110:(' feet; . ......r~
R\.mning thet"'ce 5 tU 1 along s.aj.d land nO'll or formerly of',?-17':::;~
No=t'n 4 der.ree8 20 minuteS 10 geCC~'dB Ea!t g 111st1!nce of 200.0 f.i-at..,r~:
to tnp. soucherly line of Old North !load: . . -, .~.:::/i'
Runnil.g the:tce alo11g said southerly sid4!: Ctf l):.d !;ortit. Road,-~:.~;~
North 86 degree:) 21 min:Jte8 30 ecconds West a dista:lC:fl ,.of 2fi.20 f"~;~.i~
Running thence BtEl along e:.nid sou.ther1y side North 1J__dli-f~;:;;;
gN~:t 16 rnlrmte:J 40 ~ec("nd(l. West a distallce of, 24.35 feet to. tM 'polQt~~
or plilce of BEGIHNING. . .-'::;1~
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08/05/04 TH11 08:34 FAX 516 722 9631
.
COMMONWEALTH
1;l]006
.
111111111111 1111/ 1111111111/1111 "'" 11111111111111 1111
1111111111111111111111111
SUFFOLK COUNTY CLBRK
RECORDS OFFICE
RECORDING PAGE
Type of lustrument; DEEDS/ODD
NUmber of Pages: 3
TRANSFER TAX NUMBER: 00-23751
Recorded:
At:
01/22/2001
01:39:32 PM
D00012098
089
LIBBR:
PAGE:
Distriot:
1000
Seotion: Block:
055.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Lot::
00!1.003
Deed Amount: I
,',"
Received the Following Pees For Above Instrument
Ib:empt ,
Page/Filing $9.00 NO Ha::idling
COB $5.00 NO EA-C'l'Y
!!:A-STATE $25.00 NO '1'p-5B4
Cert.Copies $0.00 NO lU'T
SC'1'H $0 .00 NO . Transfer tll'!:
COlIIII/.. Pres $0.00 ml
Fees Paid
$5.00
$5.00
$5.00
:ll5.00
$0.00
Exempt
NO
NO
NO
NO
NO
:~69. 00
'1'RA1'l'SFEll. TAX NllMBER: 00-23751
THrS PAGE IS A PART 01' THE lNSTROMENT
Edward P.Ramaine
County Clerk, SUffolk County
.. ,". '...
, , '''. . " . ~,'. '
~'m'IlQF.JN3l1WMI:Nr)' .
The pmnisos herein i,lituatod in
SUFFOLK.alUNIY, NI!:W YORK.
IntbcTO\W!bipof Sb~Dl&
lufh.,ViLL.'\.OE.
or llAMLET of
BOXES S 1I1RU 9 MUSTBIi TYPED ORPRINTED IN llLACKlNK oN!. Y PRIOR."l'O RECORDING OR. FlUNG.
IOVEJij
08/05/04 THU 08:34 FAX
Numbcr.r
TollKENS
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Affitb1l'it
CatinBd Copy
Roa- Copy
SlIbl'o1al
OIhcr
GRAND TOTAL
RmIPR>pony Tilt Sorvico ^- VaiflcaJi..
DisL Sed;iOll B Iol;k Lot
Satilfootion"Oilc~..... Liot Pfopcrty 0wn0rI Mailing Add
RECORD It RETUIlN to.
&.~int.~~ K~z.ld,~
/.( ~ I fA r;.a.y-J) t1J..IL
~O\!ille, (\~ 1I1~~
8
9
1m. page limE port oI1ho atUlCbod
RlrhzM b. !iJaJ0
5I,Ot1J{) f.
TO
IMM
COMMONWEALTH
~007
.
..~~O
21)01 J... 2? 01.:l'l. '" PM
Eduar"d P.baiM
ct.EI*: OF
SUFF!JLK COllI1\'
l 000012098
P 099
()TG 1JO"~3?51
Rccotdi1l8' Filill8 Stoamps
fWHt8aeo AmI.
I, llaoic,..,.
2. Adclhl....'Tu
Sub Total
Specl""'.
Or
Spcc./IuJd.
TOT. MTG. TAX
Dual Tmm_DuaICOOllty_
IletdfurApptXtionment _
Tnmfoc,..,.. . -rr- '
/daIIs1oA_ .
Tho pIOptfly ........ 1>)' thil """'SOS. iI...
wilJ be IOlprovcd b)' a oM or two ram U}I
dwellin,eolll)'.
"-" . YES~ar'NO_
IrNO. see Dppropl'iatc laX Illeus,e (lll pagl! "
., . "---.-:-- of this iDstrumcnt.
-
6 ComnullliQr Preservation Fund _
Consideration AmOUDt S
-
CPI'T"" D.... $
:.
ItnpNYod __
l/ill;lnt Lind
TD
Tl)
TD
Title Com
mod" h):
08/05/04
THU. 08:~4 FAX 516 ~9631
COIIMONWEALTH
~008
.
OONSULT TOURUl.WViI'Ia&fIORE S1O~Tl\l5~.nnsINm'flUIlOOIMOULD BE usm8Y\.AW'tEM 0Nl."
lAJ.'f
TIUS INDENTURE, mud. ''''''~~Y of lJ<cembcr. 'wo lllousand
BETWEEN RICHAlID G. WAkP. 1500 L4kllIll1ld Avenoc. Bohem;>, Now York. and SUSAN C.
WARD. 4400 Old North ll.o..... Soulhold. New Ymj<, ~arty <>fthe ft.... i>art- and,
SIlSAN C. WARD. 4400 Ok! NClIlh Road. soumold. Now York. party oHIle ..rond pan.
WITNESSETH, that tho party oft"" n<!lt port. fQt n. oonsidOrlitioo poW bY the putty ohloe - part,
does """"y pi and to"'... unto II.. pony of llIo oocOOdpart. the "'"' or .._rs and ,,"ign' of tho
polly of the porty of the secood plitt folO.or. _
ALL tlw """"in plO1. piece or p.utel of land. witb Ihebui1dlngs and i111Jll'OVl'lll'l> - o:r<et<4.
$iruaIA lying and boing in SouIhold. in the Town of Solllho!ll, COull\)' of Saffolk;me) SI:IIe of Now Yort.
~~ b~ and .....ribed. .ocoRliDg to .,gd DlllP. '" folio...:
:-r.'::' '~~:~)-""'J.' "t.
..ilI1.cINNlNG .>llti'1!9l~t 00 the ....herly lido 0[ Nonh Rood .......1380 feel WCBlel\y oloog ..Id
_i side from Middl<> R02d (,.;d point boing ,he ....hoilslerly ronlOl' of the pmmiseB I1cmn
dosorlbed and the n~y comer or I:md now or f'om1orty of Orison;.l: .,.... rIIIIlIlng along
..ill ilmd now or fotmerly of Origoois SOblh ~ deet"'" 29 minullS 10 ~ IV.... 125.12 foot to.
point; tho:n<O ....inS Nonh 83 degn>:o 30 minutlS SO secoods 1'1..., SO r",.. theIlI:e lUIllIing South
83 degmos 31 ";""1<$ 3O..<ODds 1'1.",,105.19 foer: 1hen<6lUl111mg Nonb 115 ~ 30 miD.... 50
,""ODds Wcot, 140 feet to I:md now or fotmerly 'of Sm....; iliellce'inlin;.'s along Iond llDW or
fotmerly of Si...... and ~ Nonb 4 des=> 19 1Jlin_ 10 =oods !lost. 215.78 r... to the
solllb.!rly ,ide of Old North: """"'" "..ning olo11g mo ""'lhorly <ideo of Old NQIth Road d1e
following two........ ,.,.! distlnces: I) Soud170 dog=s~' 0"" 00 ,,",oods East. 1S7.32 feel;
2) SQuib 73 de_ 1611.,;n."" 40 _ BasI. 144.2S.kol lh< "polnt.or place ofBBQlNN1NO.
. . . ~.~)(llO-"'J
S\lBJEcr to. 50 fOOl riE!U of wo:y roonlils ~I~ .Ion; ihe O:..I<>Iy ,;do of,.;d JOI.-mi"'. for lho
"",I",""" use oftbo 0""" of said promiseB ,nd ihe '""""" 0( _t plot.!12 and, plot #3 il'lltroO(\i...ly south
of tbo .,ilhin prernisos. .
SA.JD PREMISES being known "' .I)d by u.s. I'ostal S....I"" $\teet Dumbor 4400 Old NOI1h Rood.
So"hold.No.,York:Sot'lloo55,BI""k2.LalS.~ ,C$'w)C~!...
SubjllCt to covelUlols. r$trictjons. t'asemanls and ~ti~ of record. if any. as contllincd in prior deeds
of record.
BEING 1D>'_ premises heMoforo eonvey<d '" PIlrty of the Pi.. Pan by deed daled Iwo 9.1978 ond
roeordalJune 13. 1978 In ihe Offic. of lhe SulfolkCoonly Clm inlnx, 8444 of Docds .. pogo IS!. nnd
formerly knOWn 3S Lo1 No. I on (l ccruln minor, sUb,U-v:iliion.phll doled Ja.nuary 27. 197~ l1nd $ipcd by
lobn,\,{;ckbom.Cb.irm.noflhoPlann;ngBOOld.M""'~I2, 1975.' . .
TOGIlTH&Jl. ~lh all right. litle.nd in........ if..;y. of 'In" R"nY nrih. Ii", part ill .nd 10 ;lily "~ and
roads awlrln! the above cJesclib:6 ~mi~5 to ~ cent;:r lines I~; .~oGEI'BER with the
.pputll>rnU_ "",.11 tho ..tile nnd rigblS of tho Ii;" plllt.ln ..Dd to ..ioI pJOlIli....; TO HA VI! AND TO
HOLD the ~ _D gm1l<d Goto t/lo I'""'y Gf ,h,; second port, the lI<i,. or """'....... .nd ...igns
nflllo pony of Ihc "",Olld port fomeT.
t.ND the p.tty of the first port 00"",,".' .hot tli. tioity oflbO Ii;.,l pon !>in; oQ< done or suffi:rod anythin~
wbc:reby the said premises havo boea encun'lbered in any way wttMC;v~. exeepl itS aforasaid.
AND the pany of the first part, in complian~C!: ~,ith,~op, l.~ ,Of ltb{Lien.La.~; e<mmCtl'u'$ tlbd [he p:u'ty
of the first part win tc(leJva the COdSider:d.iem tor Ihi&: convcy.mce and will hold the right to J"l:CCi~ sdeb
COD!l.idor.l.tion as n truSt f1:Iod to bo applied. fmt fQr Lb= pUrpOSe,orpayiag thecos' of the improvement and
will apply tbt same fit$t to the pdyntCnt or. the CO$L of the: irnproveinedt before. using any p:art of the tclill
oftbe. same for any t'thcrpl1J'!KllM'.
The word "'party'" shldl be coosbi1cd as if it read. ""panic.'t w~r the sense of this indcnt\ltc co
requires.
IN PRESENCll OF.
~~
IN WI~ WHllKEOI', the party of Iho fi,
JlbQvc wnltCD.
."..."
08/05/04 TBU 08:34 FAX 516 722 9631
.
ST ATI' OF NEW YORK, COuNTY OF Sct/'fiIa. $S.:
Onthe It." dayof~lheyeart...b.foreme.
the unda"'gned personallV EqJpearad ti~ 1:. '-''f1LO
p8J1ionaDy known to me or proved to me on the bleis of
..,i$leetoly e_ to be Il\<Ilncllvldual(s) whoss n8l11$(0)
Is (are) subel;nlJBd III the within in5ftUrl'lant and
~ to melhal helshellhey _1ll1lll1l1e ..",e in
hislhorlllleir oapacIIy[lOS) and lila' by hislher/lheir
signlllwe(a) On \he _ !he irtdM<lual(s) or !he
per_ ""on behaW of v.tIiGh the il1<ividual(s). exsculod II1e
Instnlllont. fau;..(J~
I<AIIIHL$TAUIA
IIl11aryl'ublio,S1a\O"--
No.48_
awUlleCl il'J ~eoumr
__B>I>IresO-22.-",,,,,,,-
.
JlatllDin Dub &alt iltrb
WIlli coverwrn; AGAINST GRANTOR'S ACTS
Tfl"l.E NO.
RICHAIID G. WARD 80 SUSAN C. WARD
TO
SUSAN C. WARD
CODONWEALTH
141009
.
!lTAT~ OF t.lEW YOIlk, COUNTY OF S8.:
On tho zqtft. doy of ~ in the ~~h~h'lfOnl llIe,
the undersigned personally oppeored::1.<<ll/ ", UXJl'lt.
personally known to me or ptQV8CI to r1"iI ~ 'che basiS 01
_ry e-'" to .. lIlolndMduol(o) whose nomo(o)
',18 (are) OUbSC,;bed' to 1M wIlhln Instrument and
aQknowledgad to me tna! h9/she.l.lhey executed the same in
hioilIar,lheW" o.~leol ond !hat by hiolher/lheir
signatuio(s) on t1i.'lnovumonl, Iho ind"lVidual(s) or the
pelSon upon boh~~ ~~ ltlo ~~~. 9J(ecuted the
InsInlmen\. (JI4'iax LPf!~""""
: 'llN~_
.....,~:~-...
~"8uIIo1~Cou""'~')
eorrwnisslon"",.,.. May'.. ~
,..'.".
Sl!tnON 60' "
"I
BLOCK 2
LOT 5
COUNTY OR TOWN SuIIolk
__.81ll!!que81or
CATHERINE HEALY KANZLER
-... by ....1'"
$f,RlDAHb FOAIr.l OJ! NeW 'fORK BOAPD CIft'TTTl.e Uh...........n1. lOr'll CATHERINE HEJU. Y KANl\.EIl. E9Q.
Distributed by 431 Greene Avenue
SeyvQle, New York 11782
631c218-141$
.. '"
,.
~
" ~ ~-
,. ~ ~lE~~
:'~g'~ .
, , ... I'~. 7': .
~~~" fOO
'<l I!ll!!;;! ::i!l
~ iI~ ...~
<: ~..
m ul
..
'!1
',.
08/Q5/04 THU 08: 32 FAX 516 It 9631
COMMONWEALTH
.
~002
11111111111111111111111111111111 11111111111111111111111
1/11111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of xnstrument: DEBDS/DUD
~er of Pages: 3
TRANSFER TAX NUMBER: 00-23750
RecordBd,
At.
LIBIliR:
PAGE:
01/22/.2001
01:39:32 PM:
D00012098
088
District.
1000
Dead Amount:
Section, Slock:
055.00 02.00
EXll!IINBD AIID. CHARGED AS FOLLOWS
$0.00
Lot.
005.002
Received the Following Fees Par Above Instrument
Ex~t
Page/FUing $9.00 NO Handling
COE $5.00 NO BA-CTY
BA-STATl!l $;15.00 NO TP~584
Cert.Copies $0.00 NO RP'l'
sent: $0.00 NO Transfer tax
Comm. Pres $0.00 NO
Fees Paid
$5.00
$5.00
$5.00
$15.00
$0.00
ExEllllpt
NO
NO
NO
NO
NO
~SI!'E1l. TAX HtlMBBR: 00-23750
THIS PAGE IS A PART all' mE INS!l'RtJMDr.r
$69.00
Bdward P.~omaine
County Clerk, Suffolk County
08/05/04
THU 08:33
FAX 516 .9631
/.'1. 2
NllIlIberofpoges
TORRENS
5
ScrIald
Cettil1e.a""
Prior Cltf
Oem I Mortpge ID$trLlment.
Deed' Morli'S' Talc StOnlP .
FEES
4
_..., Filins P..
Handling
TP-SIl4
_.
Ilh-n 17 (Colllll)')
Sub TOlII
BA-S217 (Slat!!!)
1tP. T.8.A.
Comm..rl!d.
Atl'ula.lt
Ccniflod Copy
Reg. Copy
Olbor
6
j~
&lbTolal
GRAND TOTAL
ll<oJ l'ropony n.... _ Af!Fooy v..;r...uon
0;11. s'''''' II Joel< Lot
oo<IDi,cbnrgoslRcl"""" Us! Proporly 0........ Moiling Add,.
RECORll " WlTIJItN TO:
Cll.t.\w'1I1L JL~-o.. . Kdx1z.W ,q,
~?J \ e.,~ cN.JZ.
futllIlt . "6 H\~';>
8
COMMONWEALTH
1ilI003
.
REOOP.I),.9>
2001 Sa> 22 OI,311,D PH
Et!lU.Ird ".~in~
CLERI<CF
SlJFF{jl~ CUiJfIV
l DOOO1~e
P 008
Dn OIr23750
Rcconfing I filing Sl.amp&
ModSOI;O AIIIl.
l. BasicT;:ut
J. AddilioNJ Th.1
Subiolsl .
. Spce.I Assil
0,
Sp;<:.'^dd
TOT. MTG. TAX
o.J 10Wft_DtmICWnly_
IleJd for Apportionment ~
T.....r.r Ta< -0
MansiOlJ'fa."I:
T~~ propc~ covered by tbis ntortgar,c b; 0,
will bt impro"cd by a ope or two family
dv~c:llinSi.9nly. '.
'y~_orNO
'l-r:NO; s~ 'aPpropriate lax c.~ pas!:: #
-'--,- oflbl,ll1SInIl1lOIIl
.6 . Comntuoily ProservatiOh F nd_
CQuslder8.r:~or:a Atnount $
CPF Tax Due $
Inlproved __
Va~nt l..J.nd
TO
TO
'I'D
9
Till. II
Suffolk Coun Recordin& Endorsement P
'Ihis Jl8&ll fClrIll9 port aftho allllclIcd
"'", . .
(SPEClFYT'(PE OF INSIRBMENr)
"n;e~'he"'">;,s sl'lI8Iod in
. SlJFI'C(l{ CooNI\':, NEW YORK.
..lnthe'f'O\\Nhipof SD~[)'d
InibeVlW,OE ..
'OrHAMi:El'.f
s~ C. liYlM
TO
~~~ fJ.. lJ.XJJ\d
_ mltdc by:
IlOXES S '/HRU 9 MUST BE li'PED ORI'IUNIED IN BlACK INK ONLY l'lUOR. TO RECORIJING OR FlUNG.
IOVEl! i
08,0015/0.4
TBU
08:33 FAX 516 ~ 9631
COIIMONWEALTB
I4J 004
COHSUU' YOUR LA~ 'iFORE! SlQHIN~1lfJS INS'I'fIUMEH'I'.THIB IN~SHCIULPlI!.lIliIIIJ 8Y'l.MV'YEf'$UNLY
.
....
THIS INDllIofI'UllE, made tb.;J'i day of Dcccmb..'T. two th""""'d
BETWEEN SUSAN C. WARD. 4400 Old North Road. Soulhold. New York. party of tho rd palt.
and RlCHARDO. WARD. Ij()(JLako13Jlll AvCIluc. Bohemi.. Now YO<k.panyofthosecoud pan.
WlTNESSE1'Il.1bat tho J'Ol'Y of the first pult, for no """sidoratlon paid by tho paJty oftb< =OJId pllt,
cIoos hot1:by granl ilIId rolooso unto the porty oftl1o """,nd p;rt, tho I1eirs or suc:cw"" .nd a:ssigns orthe
pony of ll1e pa.ty of the second 1>>" forever.
ALL thot cortlin 1'101, piece or ",,"'.1 of I.nd. with tho b..i!<!iJ1~.;Iil,!,!\i)i>l"~,!ile,{eoD crecIeC,
oil""'=, lying and being in SOOtbold, in the Town of SolllhoW,'eo.m'lf:lil" .8\iVO!\:;;.pa&llc'ot New Yod.
~ particularly bounded alld de$c:ribed ::I~ordint 10 s.a.id map..lfo1l~.J" I~J_:.. ! ',\, "
I ....- _ .04 .',~::. ;', _~~ ~ ....'~: ;.: ,"'l
BEOINNEN'G at a poit1l:lt the north..."aSh.~y comer of the premi&c:5 about to be conveyed ~in. said pomt
ofbcginning being Soo'h 4 degrocs 29 ..nutc& 10 _ W.", 12S.7S f<el from tbe """'or formed b:'
the int~ion of (he nonh~sterly COmer of tho property BOW or formerly of Amari ami the sOlJ1herl:,
side of North Road, whioh poin' is lIbout 13110 rtct WI!SletIy .Iong said soatborly .ide of Middle Rood,
rrom ..ill poilll of beginning. .....ning Soulh 4 degrees 29 ..nut.. 10 lOOoods W<st, 150 fe:ellO a point;
North 8' degrees 30 mi"ulC& SO sec:ond$ West, 293.27 ft:ct to a paint and land of Sievers; running ~uC(:
ol_l>qd now or fotm...ly of Sie.... North 4 degrees 29 ",;no'os 10 IOOOOds \ias~ 130 feel to a point,
running thenee 010118 other land, now or fotlllcrly or Amari, three courses >s follows: I) South 85 de8'='
30 !Trionres 50 "-"OOIIds East. 140 fcot; 2) North 83 deg_ 3J ..n.1es 30 seconds Ba5~ 105.19 reet: 3',
Sooth 85 deg.- 30 minutes 50 .ccond.l!ost, SO.O roct.. the point or 1'1",. ofBEGlNNlNG.
SllBJECf to . SO foot right of ""'y running ",..1101 along !bo easterly .id> of..id premise:; for lbe
bellOn, of the plOIIIl... il1lDltdiul<ly.. tIIo South. Toa<thor \Vilb. ri;In of way O\'er a 50 foot rit<hl
of way running parnl1c1 Dlong ~ easterly 5i"" or ~'pmnil;a to Notth RoacL for the: o:c:lusi~ use;
of tI10 __ of Lot II.! and LeI. N3 .nd owners of premises: 4400 Ok! north Rood. SouIhold. New
York only.
SAID PREMISFS being known.. Dlslrict 1000; Section 55, mock 2. Lot 5.002.
Suijcct (0 COYcIl,:utts. resrrictiCIDS. 1$$CIDei'lISi DQd ~ilti<ms of~. ifany. as tOl1rn.ined in prior d~
of re<onI. . ,
BllING tI10 ..me: promLsos _ore conveyed 10 Porty o€the Pil'sl Par! by deed dated Jan""J)' 4. 1985
.nd "",onI<d January 16, 1985 in the om.. of lhe Suffolk County Clerk in Uber 9717 of Dood, 01_
297. and formerly known :as Lot No.2 on a certlbrJ' minor subdivision pial dlttcd Janwry 27. 1975 mDd
'ign"" by Jolin Wiekhom. <l1ainnao of the Pbnnmg Boord, March 12, 1975.
TOGIlTHER, will1.11 righc ti~o .nd j""'rost. if any, of .h. ",Ity of the first pm in and 10 any ......1>.00
road, abutting the .bove dcoc:ribed P'="'" 10 Ih. ""IIlcr 1in.. thoreo!, TOGETHER with .he
.ppun........ and all tlte ....... .nd righ" of the fim paJt in and 10 said premi...; TO HAVE AND'TO
HOLD ~ pmnise.s herein gnmt'c:d unto the party of rho second p.nt. t~ l1eits or il.UCCClSOI'S and U6igns
of the _ of tho second paJt forever.
.l.ND the paJty of tho tint paJt COY"",,", tl1a1 tho P"'Y of the fItS' part has nO( dOllC or 'o"",red anything
whereby the said premises hilve belen trJctI~ in ;tny \Yf1y whatover. ekCpt as i1.for=tid.
AND the party oflhc first pan. In C'ornpliaac:e wilb Section 13 of the Lieh Law. covehants that the p1rt)'
of the first pm will receive ~ considchtion fer thisPDJ:I'VCYIDCP and w.ill hold the rithtto reccivr:: such
OOllSlderatlon '" " 'IU" fond to be .pplied fll!ll for the pu1'poie of paying thec.., of th. improvemont and
\ViII 4l:ppIy lhc: SoiIrIIe: fIrSt to the: ~yment of dle cost of the jm~r ~~ using any part of thd !oUI
of lhe It1Il'K: for any other p\JrpoIe.
The won;! "patty- sI1all be construM .. if I, reOO "paJties"" whenever ll10 ..... of this inden_ so
n:quires.
IN WITNESS WHEREOF, tho pony of the firs' part hllJ d.ly """,,uled this deed the day and yoar fltSt
abovt wriucn.
IN PRF.'lENCE m',
~
L '.f. (jJJ
/' SUSAN C, WI\llD
. 08/~/04 THU 08:33 FAX 516 ~ ::31
STATE OF NEW YORK, COUNTY OF~
OnIl1. zrl^ r1aYof~lntl1.)If"'!2cdJbf!f!jrfl"..
111. undsrslgned _nally appoattd ~c. W1fll-
personally known to me or provecf to m. on 1li. taola 0/
satloIaclOIy El'Jidence 10 1)0 111. IndMclual(s) '""""" name(s)
is (are) subscribed 10 111. wlllllo instrurnO!1t and
actcrlowfedgod to m. thall>elol1e11hey exeoutud lite sam. In
hlslhor/lhoir cspacily(ies) 8I1d thot by h&olhor/lholr
.ignature(o) on "'" instrument, lI1e b'ldNidIJaI(s) or tI1e
person upon b.haI~ 0~1ch ~ ina~!."~"TUlOd lito
mstrument. ~ ~~
LINDA TAPFAR
~~~~~--
Ouoliftod .. 8uIIoIk CllllIlllL_
Commi_IIlqlI"'M.,llO,~Z
JjafUBin IIl1b ~Blt iIilerll
WITH COVENANlS ABAINST <W\NTOII'S AcfS
Tm.l'; NO.
SUSAN Co WARD
TO
RICHARD G. WARD
8T~rcwm FQWOFNEW 'tQfIC BOARDQFTT1lElJHcCJMRlT'Sm
Distributm by
COMMONWEALTH
141005
.
STAlli OF NEw YORK, COUNTY OF ss.:
Oh the day Of in the year . bafOte Ine,
the undsrsigl1ed peroonaUY"I'peared
pBrsonally krrown to ft'Ie or proved to me on the basis Of
oatIslaotory _.....10 be 1110 I!l(lMduaJ(s) whose nlllTl'{s)
is (are) subooribod to 1110 _in instrument find
aof<nowfodQoll to m.that helsholllley 000lIlllted 111. sam" In
hi$/lJerilhoir oapaCity((o.) and that by hisll10rllteir
$ignaluro(s) on the instrument, the indivldUlll(s) or 'fte
pGllKlIl upon boh.w of which 111. indIVidual(s). elCeCUtOd ,he
instrument.
SEenON
BLOCK
LOT
55
2
5.002
COUNTY OR TOWN SuIIolk
...._..noq_oI
OA'lHEFIINEHEAl.Y KANn.IiIl
R8tum by lIa1110
CATHeRINE HEAL V KANZLER, ESQ,
431 GrMne AV8I1U8
$ayvine, New VOl\( 11782
631-218-1418
- 1ll
"
"'-
u w.: t....
-I 1""""," ... "'.7rr
;: ~'2 a ~ a ~. !!!
TOe "!jit. ::::I
ts:f;;:;aQre~
~ ~~""!"l1lO;'V
<> Ol:;! ~:!'
, 13
J!
.
.
I'
l\I'l,..t.CAN'('
'r1ll\NSAC"'lON^'.. 1J.t.!';CI.()~uttR r:OUH
The To~n of Southold's Code of Ebhics prohibits confllcbs of
interest; on t.he p~t:'(jft:owi..---ofrlcers.- alld-;mpIOvees:-tiie--
R!!!:pose of this for.. ls-!i.Q.y.rovide iUformatlon IIhlcll_Slli\
alert the to~n of PossIble cOllfllcts of Interest and allow
It to take whatever actfOilis ltecQss.ill to avoid s.~~---
YOIIR "IIHR.
Richard G. Ward and Susan C. Ward
(r...ast:. l1altu~t ('lesl; "IHllne, middle inlhLal,'.unle'HJ
you at:e Rllplyllt~f in l;he rHUIl!! of r:;o~~ol1e 1!1Re or
ol:.ltec elltlt:.y, such AS f\ COlllP""Y. If so, ttidlcnb~
I:.he' ot.her persoll's ot" COtnf.u:lIlY's nanla.)
NATURE OF APrl..teA'I'toN: (Chf?c!< illl Uw.t. Apply.)
'I'ax gr teVf\tlce
variance
Change of zone
^ppcoval of plat:.
~x.ernpt:.lon from pia'l; or. ,or:(lclal Illnp __
obher
(If .'other." n.me the .ctlvlty.) XX n>Sllbd"VI~'Oill-lc~ l..~p ~1/l(A",~.
00 y'ou llorsonallr (ot' 1:"i:"0"9'" rour, cotnlln.IY, 81)(Hsne, "tblth~j
pnreitt:,. or child) hnvC! R raJ.nt:lo",ohtp with tliny c:U:rlcclt' ot:
. employee of th.. Towl\ of So...thold1 "llelntiohBhil'" includeh
by blood, Marriage,. or ~Ugl"edg lnt~reR~. .nua~ne~n
interest_" IlnmHI9 n buolttelJo, Includlny it flnrl;.uecoUl", lit
vhich the tovn Officer ot." 'employee haR eve.. 3 pad::!al
oVllecnhlp or (or einp.t(jymetlt by)' 'a cot"f'ol:nt:.1UII lit vllich
the tOlllt)Offlcer oc' employoe uV'ntt more ':1m" 5% of: the
sharus _ / .
YF.S L
-:?
NO
xx
If you 9nsvered. .YF.S," Complet-e the balance of thlo ..torm and,
'date a~d slgn "her:-e itidicat:ed.
N9me of lJet:'sotl. emtJloyed by t:.lu! 1'014'11 01: Southold
Tible ot pORition of that perso"
tJescribe l:.he relationship bel:.weeh youtAt!lf (the a~p.tlclillt;)
and the town offIcer or em'ployee. Ett.her check I::.he
appropriate l111e ^) t11tough b) Blld/or describe In tll~ ~pAce
provided.
The toWtt offlce~ or em~loy~e, ot Ill~ or tlar SrO~g~, slbllt,~.
parent, or child is (che~k all th~t 8~pir'j
_II) th" own"~ of gr.satet bhal', .5% of ~he shar"s of bh..
corpora~e 8~OCIt ofth... 8Pl>llcallt (wh.... .,bh... .I>..ll,,"lIt
Is ~ corporatLof_)J
_11) the legal or belleflcLAl OW!tffr of at'" Lutere,,!;. J.u i'i
. tloncotlJotRl;.e el1t:.ttr (wheh l;.fu!' al1t11Lcailt IN flob ~
corporablolt) t
_C) au officer, dlrecl;ot, fl.ri.tt~hP.l:", dr. Qmployee ot: t~h9
appllcill1l:.; at
_b) t.he acl:.ual nnpllcalll:..
IJF.SCRIP'I'lON or 1lF.1,1I'I'lONSIJII'
---.--.------.-+- .'.-.-.--- ..-.-.--.-----------..--..---.---
""-------.--
...-----.-----..--.--.---.----.------.
(
2004
~;lIhlltll:t"fl R
,
Slqnnl:.ut'p...___..._ .,._
Richard
1'1' lId: t,"tllP
-.-......-.-...-.-......---.----...-.. .......-
.
^1'1'1.lC^N'l'
'f1l1\NS^C'l'lUN^I. In~CI.()~tlnn (l'OUH
.
!I!
The Town of SoUt;hol~l~..Q2..!L_2..L!.Hl!.cS ~!!lblt9~rrill.sJ:!L.2.I
interest on t.he p~u.t.. of_C:.oWII oEflcers. and employees. 1'IIe
I?jgpose of this form ls_kyrovlde information which ca.l\
alert the tOlln of I?Qssll>le conflicts of interest and alloll
1t; 1;0 take whatever acrrO'i'1is llecess.i!!...Y. to avoid satne~---
YOUR NhHIl.
Richard G. Ward and Susan C. Ward
(I....sl:. narne:--rrc:-S't "IHune, middle Inlt;la.l,' unlesFJ
you are Rpplyll19 .n l:he ilall1(! of BOI1l~O"e "'Ine 01:"
ol:her enl:lty, slIch 0\11 t\ COlllI:H'''Y. If' so, llldlcnl~e
lhe- other pqrson I Ii; or camp.,any I iii name.)
N^,l"JRF. OF ^f'PI.,.lCh'I'.l.'ONt (Chr:!cl{ <\1.1. that. i\pply.)
Tax grIevance
VarL~lIce
Change of zone
^pproval of plat
f:x-Eunpt:.lon (rom Pl~ .o((lcla.l ltInp ____
Other
(If "Other"" n.me the activity.) XX Il'~Cibd"\/"~lll"'" 10+ /,~~ ('j"tlll~~..
Vo YOIl l1arllonul.lr (0[' l:h['O\l9'1 }'our C(''''IU'UY,. F.lJ~O'inq,. "thllu9"
pllr:ent::,. 0[' chlld) hnve n ceJ.n.t.iO"fJhip v1t:h tiny otricet ur
. employee of t:.ho Tow~ of Southold7 "'Rel;ttlohsh.1p" IhclUdeR
by blood, marriage, at buulneao inherent.. -nu91neuR
Interest" WlcnUa n blJfliue~or iucluding n pnrt;net:'Rhlp, ill
which t.he town or:ctcel;' or emp.1.oyee IHls eVQft a rH1rt:~ai
oVlle.cnhlp of (ut:' employment. by)' .n cot"pol:"ntlol1 Iii which
the bown-,offlcer or' employoe Qvna moce: I:hnn 5:(. of the
shares. /
YRS L
--..
NO
xx
If you ansvered "YF.S," com1'1et;:e the halance of I::.h1s. Corm nnd.
'date a~d olgn "here Indlcatud.
Name of &larson' employed by t:.hp. 1'0"" 0'(; Southold
Title or pORition of tllat:. pet'8011
Oescrlbe the relationship between yourRelf (thl!' appllcRfll:)
and the town officer or employee. Elther check bile
appropriate line ^) tllrougll 0) Rlld/or describa in tile BpAce
provlded.
'['Ite lown Officer or 9'Rl1l.OYP.8_ Ot' 1118 UI:' har: 8po1199, sibtll1g,
parent, or cllild is (cl,ebk all: tll~t apply),
-^) the ownet;' of gr..enter t;han. '5~ of t.he 81"'11:69 of t:he
corporate stock -of'. ..the ~ppll'callt;. (whel' .,t;11.9 'l'l1fJllcallt
is ~ corporRtloll)l
_D) the legal or beneficiRl OWIlp.r of allt 111terc:uJt, In i1
. noncorporAte p.11l:.ltt (whefl the- 1:'ppU.clInt ilf lIot .,
corporation) 1
_c) an Officer, dlcecl:or. p".r ':11'" r.-, 0t employee or '~he
appllcanl:, at
_0) t.he actual i\ppllcilllt:..
IJRSCnl.PTION Of nr:L^'I'rONSlIrl'
-.--.---.---.-.... -.---.- -.-.-.--.--- ---------.---..----,----
. __ _. _____.u.___ ___._ .__._
---------.--
-..._---------'--_._.__.__.._-----_.__.__._--,----_._-----~
. .A Ape.I, '2ooS-
3~I"y Y1-: -n8~' :lgg~
-'-. k--_-W
Ward
l'rlllt: I
'"_ n "."_._
. .'
617.21
AlIpel1dlx C
stale El1vlrol1mel1tal Quality Ilevlew
SHORT ENVIRONMENTAL ASSESsMENT FORM
For UNLlsTEO ACTioNs Ol1ly .
!>ART I-PRoJECT INFORMATIoN (To be completed by Appllcal1! or Project sponsor)
.1. APPLICANT ISPONsOR 2. PROJECT NAME Richard G. Ward and Suaan .C.
Richrd G. Ward .and Susan C. Ward Ward Lot Line Change
3. PROJECT LOCATION:
MunlclpaUty Southold Counly. Suffolk
.t.. J'rtI:CISE LOCAtiON (Sheet-address and road Intersections, promiNent-landmarks. etc.. ot provide map)
1~-16-412l8n-TexI12
I, P,OJECT to. NUMBER
.
.
I'
i'
SEQR
4006 Old North Road, Southold; NY, 11971 (SCTM 1000-55-2-5.2)
4400 Old North Road, Southold, NY, 11971 (SCTM 1000-55-2-5.3)
6. Is PI10POSeD ACTION:
o New 0 expahalon gModlllcatlcn/alteratlon
B. DESCRIIIE PROJECT IIRIEFLY: reconfigure ex st ng ots propose. 0 s mprove w
single family dwelling; proposed lot 2 is presently vacant) to preserve lawn and land-
.scaping on proposed lot 1 in addition to maintaining natural woods present on both lots.
i and 2. Reduction of present right of way from 50 feet to 20 feet in width.
7.. AMOUNT OF LAND AFFECTED:
tnlltally 90.68f sa. ftoicr.. Ulllmately 90,682 sa. ft..ct..
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER eXISTING LAND USE RES
Oil Ye. 0 No If No, deacrlbe briefly
- ---,
)
/
/
/
ICTlO~~
wI' - >:I. iDj~
\.JVI't )-
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Dl Residential 0 Industrial 0 Commercial
Oeacrlbe:
o Agrlcullure
o Park/Fot.aIlOp.n .pac.
Opthe,
J
.
10. 00E8 ACTIOt/INVOLVE A PERMIT APPROVAl, OR FUNDING, Now OR uLtiMATELY 1'1101.4 ANY DTIIEI1 GOVEI1NMENTALAGENCY (FEDERAl,
STATE OR LOCALl7' .
(]llv... 0 No If y.., Ust asency(s' and pe"nlUapprovala .
Southold Town BUilding Department, SUffolk County Dept. of Health Services (approval of
.well and septic'system) and Southold Town Board of. Appeals-variance will be required.
II. OOES ANy ASPECT OF TilE ACTIOIl HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
I[) Yea 0 No " yeo, lIat agency n.;"e and permlUapproval .
Proposed lot 1 is fully developed with appropriate permits and certificateS of occUpancy.
12. AS A RESULT OF PROPOSEO ACTION Witt EXISTING PERMIT/APPRovAL IlEQUIRE MODIFIcATION?
DYe. aNo
I CERTIFY THAT THE INFORMATION PlloVltiED ABov~ Is TIlU~ T THE IIEST OF My klloWL~DGE
Appllc.nt/sfJOn~or .
August 10. 2004
Ap(Z" 'S, 200
Blunalure:
If the IIcllon Is In IheCoastal Atell, IIl1d you lite a slale IIgehcY, com pIe Ie IIll!
Coaslal Assesstnel11 Form belote ptoceedlng With Ihls lIssessment
. OVER .
1 .
"'
Date: 06/15/05
Transaction(s):
1 1
Application Fees
Check#: 6592
Name:
Ward, Richard & Susan
By Jennifer Gould
Re-sub, Lot Line change
Clerk ID: L1NDAC
.
Town Of South old
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
.
Receipt#:
Reference
55-2-5.2
Total Paid:
511rt>F
6592
Subtotal
$500.00
$500.00
-,
InternallD: 55.2-5.2&.3
..
...
.
.
MAIliNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM
JUN 1 5 2005
To:
Elizabeth Neville, Town Clerk
$oufhold Town Clerk
From: Planning Department
Date: June 14,2005
Re: Check(s)
Enclosed herewith is/are the check(s) listed below. Please return a receipt to us.
Thank you.
Project Name Project Type SCTM # Amount Check #
Ward, Richard & Susan Re-Sub. 55-2-5.2 & 5.3 $500.00 6592
ADD!. Fee
enc(s).
06/1:/2007 lB:64
531-75t;-'30::':6
.
JENNIFER B GOULD ESQ
.
PAGE
'31/08
(F
f1\
53740 Main Road, PO. Box 986
Southold, New York '1971
Phone; 631.765.8375
Fax: 63j-765.aU36
.Jennifer B. Gould
Attorney at L;;w I
Iii' \, T:::\l ':
\~: \1 ',":i}___~~;=_,"1 \-\\\ ':;
To. .A..I-bo..,--~ze~ I'nmt:
FaJC 165'- ~/M. Dele;
Phone, 7b~- fq~8- Pan..:
ReI W1'1eD C.-d2. co:
\:
Fax
2007
D Urgent
1:1 For Review
o PI_..._ c__"t
Jennifer,
". ~/_~l~-:-':
~'"'" "';::,:',J..,,,.
15" m..l:k t'1>J~" .G~a;4-=-
I
I
,
Cl Please ".pIV
I
I
._,~..
'll'L''''~'.~' .
i\ JiI
..~>.A
D ......... Recycle
'Cclm_ts,
IJ rrllrnl "I-
LJ f3r2 0 ('.., e
a-HOrlARd i'.... 0 (OP~ c.{ -f1lAL..
If' (' vrrAt> J Ct.+ $u..RP I ~ (-l- ~
r to e k I '> o-f(,' f..L
on "'C6'-CJ! ,'r'l '11!u_ 12~o'ls" ptlrjPM,'1.
~l'\"'1 ~1011!>, ~Io~
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~~
IMPORTANT NOTICE:: . lIw offico ~ sendiv tl1. Informatlon eontlll'lld in thl. faoojm'~ tan.m...ion .'d k may eonlain
Inform!l!k,", \\4lIch ~ prlvl~g.o M<1'or conimlntlal. The Informatfcn 1$ intendod only rot ~ use 01 the '_ua' or entity nam""
_. ~ l'OI' ore not tho Intende<! rec~"nl or on omploy8e or ogont IWSpOneiblo for den...rlng It/s faCSImlJo 10 tl1. 'ntondad
recipleni, ~_ be odv!otd U1IIl ony U11Ilutl1orlz"" diosem_n, "'_on, dJoc/oouI!l or copyl1g or !tlI8 OOrmlunlcation 10
iXOh1bled l'rld m.~ b. punishable under api>lcable I......
05/1:/2007 lC:04
JENNIFER B GOULD ESQ
6:31-755-803;
.
.
1111111111111111111111111111111111111111111111111111111
1 IUIII 11111 111111111 1111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RBCORDING PAGE
Type of Inst~ent: D~CLARATION/DOP
NUmber of pages. Q
Reoeipt Number : 07-0054567
Reoorded.
At:
LIBER.
PAGE:
District:
1000
Section: Block:
055.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
Following Fees For Above Instrument
Exempt
NO
NO
NO
NO
NO
Received the
page/Filing
COE
TP-sS4
Cert.Copies
SCTM
$18.00
$5.00
$0.00
$5.00
$0.00
Handling
NYS SRCHG
Notation
RPT
Fees Paid
THIS PAGE IS A PART OF THE INSTRlmmNT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk. Suffolk Cout'lty
.,.,..,....,.
.,'0'"
,~
~....-c~-'-'
.~
~P"".'.t > '\,
\ ~\ \. \ ~.~~:..~_._, ..'.
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I.,.
PAGE Il2/08
7b5-
~1'3."
06/08/2007
10:14:34 AM
D00012506
669
Lot:
005.004
$5.00
$15.00
$0.00
$30.00
Exempt
NO
NO
NO
NO
$78.00
----..-
'1SllJl
\
,
\
"'" ~~~:;~~'"~,--~;;,~?} .~
0"';""""
~,.
~~I"'~~'''''''
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06/1:/~0a7 10:84
E<31- /;5-303;
.
! I 2
---
f
Number of pag.s
TORRENS
1
Y
Sorial #
Certificate #
Prior Ctf. #
'7
Deed ! Mortll"!!" Instrument
4
Paso (Filing Fee
f6
.-/
..c.,
Handling
TP.584
Notation
EA.52 17 (County)
__ Sub Total
EA.S217 (Stato)
R.PTSA
~ Od
5. <llL-
Comm. of Eel.
Affidavit
C;rtir,;~~;;;J
-,-,_..........
/..
-,
,
Rog. Copy
--~- --
/ Sub Total
/.....~\
,
Other
JENNIFER B GOULD ESQ
PAGE 1J3/08
Deed I Morli"lle Tax Stamp
FBES
')-'
~0
./
<.~::..)-
'). .
/27 "/<
GRAND TOTAL
Real Property T~" Servioe Aaenoy Verification
Disl. Section B look l.~t
1000 O~~OO 0200 005004
Stomp
Dato
~
I R LPA A 1
\08-JUN~'V
"'----"'
Initials
7 Satlsfaeliol1s.'ulsenarges/Releases Llsl Property Owners Mailing Addres
RECORD & RETURN TO:
~
'-JPl'lnr'.fl'r g. 6O.tld. .?1Q..
f. Q. ~O)l. C/'6--&
SoV1Vbld.~1 rlCj71
8
RECORDED
"100, .Tun ~t' 10,14: :;4 RI'I
J,llii1-M ,,. Fuo).~
CLERI', :::F
SIJFf'OLI: COl.ltiTY
L CrClOO 1 :250::i
F' f~B9
Recording! Filing Stamps
Mortgage AmI.
L Basic T..
2. Additional Tu
Sub Totol
Spec/Msi!.
Or
Spec. ! Add.
TOT. MTG. TAX
Dual Town_ Dual County"_
Held for ApportionmOllI _
Transfer Tax
Man.ion Tax
The proporty covcred by this mottgi,ge i. or
will b. improved by a one or tw" family
dwelling only.
YES_orNO_.
If NO, see oppropriate tax olau.e on page ~
_ of this instrument. "<:"'" <""' (;' J
_' -..;;l.-. (
6 Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improvcd
Vacant Land
TD
TO
TD
Title Company Information
Co. Name
Tille II
Suffolk Count Recordin & Endorsement Pa e
9
This page fom-IS J:8rI of the attached
('oV~r1"tI ~ aneA rl"srl~"r-t,Ool..>
mId. by:
fClnenT.O"V' ~T"':' t""\T.' "" T'C'1"TT'U T'lI n--.. PT'...
__~~~Clrcl~
~i.JrD\Ar 1 1 lrcVC' .u'l~!..KLijVLI:.l"lJ J
The premises herem~ted i.n
SUFFOLK COUNTY-,mW YORK.
In the Township of .s:, trl 1-10 I CI\
In the VILLAGE
or HAJvlLET of
TO
-5'~d-.Soltl:r:..m.w
BOXES 51HRU 9 MUST BE TYPFD OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
-
06!11/20~7 10:04
531 ~ "?55-:;:I213S
JEN~IIFER B GOLLD ESQ
PAGE 1)4/08
.
.
Dl!:CIJ\.RATION OF COV1!lNAN'rS AND :RES'l'RICTIOlIIS
THIS D~CLARATION is made this~~2ay of May 2007,
by Richard G. Ward, with an address of 1500 Lakeland
1'>venua, 6chemia, NY 11716, hereinafter referred to as ~the
DECLARANT,"
WHEREAS the DECLARANT is the owner of premises known
as Lot 2 on the subdivision map of Vito W. ~,ari approved
on ~Iarch 12, 1975, ihereinafter referred to as the "Amari
subdivision") and more particularly described in Schedule A
ar-nexed hereto, (hereinafter sometimes referred to as ~the
premises" or ~Lot 2") !md;
WHEaEAS, on J~ne 3, 200:, DECLARANT and Susan C. ward,
owner of property known as Lot 1 in the Amari subdivision
filed an a.pplication for. Re-Subdivision (Lo't Line Change),
including a survey prepared by John C. Ehlers, L.S., dated
August 3, 20C5 and last revised on November 1, 2005,
an~exed ~eret~ as S=hedule 6 a~d
WllEllEAS, the result in:; lot hne changes make both Lot
1 ",r,d Lot 2 in the ~,ari subdJ.vision non-conforming with
respect to 101; area and lot width and the existing
structures non-conforming with respect to the present
Southold Town Code side yard setback requirements; and
WB~REAS, the Zoning Board of Appeals granted the
necessary relief on August 29, 2006 (ZBA File # 5867); and
WHEREAS, as condition of approval, the Zoning Board of
APpeals reqUired the barn that currently exists on
Declarant's premises shall remain at its present location
until such time ~hat a residence is constructed on said
property, at which time the bar.n must be made to conform to
the SO'.lthold Towl': Code; and
WEZRSAS, on Nova~ber 13, 2006, the Southold Town
Plann~ng Board granted conditional final approval of the
Re-S~bdivision (Lot-Line Change) based upon the surveys
ptepared by John C. Ehlers, L.S., dated August 3, 2005 and
last revj.sed on November 1, 2005, sul>ject to the following
covenants and restrictions as a condition ot said appr.oval,
and
05/1l/2007 le:84
531-75~,-3e3S
J8jNIFER B GOULD ESQ
PAGE '35/08
.
.
WHeREAS the DECLARANT has considered the foregoing and
ha~ deterlninSd that the same will be in the best interest
of the DECLARANT ane sub~~quent owners of the premise~;
NOW, TnUFOllE, THIS DECLl\:AA.1'ION WI'l'NESSETH:
That the DELC~~NT, for the purposes of carrying out
the intentions above expressed, does hereby make known,
admit, publish, covenant and agree that ~aid premises
within the aforementioned subdivision map ~hal: hereafter
be subject to the following covenants and restrictions as
herej.n ci.ted, which shall run with the land and shall be
binding upon all purchasers, lot owners and holders of said
premiseS, their heirs, executors, administrators, legal
representatives, distribute~, successors and assigns, to
wit:
a. The 50 foot wide right-of-way ~hown on the
Amari subdivision over Lot 2 shall be reduced
to a 20 foot common driveway;
b. The owners of Lot 3 in the Amari subdivision
"hall have a right of use and acoess over the
.:omm()n dr:.veway on Lot 2 of said subdivision;
and
~ The barn that currently axists on Let 2 of
said ~ubdivision may remai.n at its present
location until such time as a residence is
const_ructed on Lot 2, at which time -ehe barn
must be made to conform to the Southold Town
Code.
This Govenan-e and restriction shall run with the land
and shall be binding upon the DECLARANT, its successors and
assigns, and upon all persons or entities claiming under
them, and may be terminated, revoked or amended by the
owner of the premises only with the written consent of the
Town granted by a majority plus one vote of -ehe Planning
Soard after a public hearing.
If any section, sub~ection, paragraph, clause, phrase
or provision of these covenants and restrictions shall, by
a Court of c(~~ete~t jurisdiction, be adjudged illegal,
unlawf.ul, invalid or held to be unccnstitutional, the same
shall not affect tMI validity of these covenants as a whole
or any other part or provision hereof other than the part
2
06/1:!2CQ~ 1~:24
E,31- 7~5-303::;
JENNIFER B GOULD ESQ
PAGE IJ5/08
.
.
so adjudged ~o be illegal, unlawful, invalid, or
u.neoos-tituticna.l.
The ~foreMeD~ioned Restrictive cov~nants are intended
for the benefit: of and shall be enforceable by the Town of
Southold, State of New York, by injunctiv~ relief or by any
other rell'.edy in equity or law. The failure of said
agencies or the '1'own of Southold to enforce the same shall
net be deemed to affect the validity of this covenant nor
impose any liability whatsoever upon the Town of Southold
Or any officer or employee thereof.
The within DECLARl,TION is made subject to the
provisions ot all laws, required by law or by their
provisions to be incorporated herein and made a part
r8ceof, as though fully set forth herein. That the within
DSc:tARAEON shall ::un with the land and shall be binding
upon the DECLARANT his successors and a.ssigns, and upon all
perscns ~J!: anti ties c::'aiming under them, ul.d may not be
annu::'led, waived, Changed, modifi~d, terminated, revoked or
amended by subsequent owners of 1:he premises unless and
until approv.;;d by a majorit:y plus one vote of the of the
Southold Town Planning 80ard or its successors, after a
p\:oblic hearing.
:N WI~SS WHEREOF, the
exec~ted the foregoing in
written above. \
DECLARANT above named has
the day and year first
RICaA1m G. WAlm
State of ~ew Yo~:kl Co~nty of S~ffolK ~!.;
On 'Z~#t17"'1'JI' hP"f
COUN~t CLERK'S OFFICE
5TATE OF NEW YORK 55.:
COUNTY OF SUFFOLK
L jl...'tJITH A. PASCALE, Clerk of the County of Suffolk and the
C(~JC t of Record lhereof, do hereby certify, that I have cg!l\pj!1Od.J;lle annexed
~\ E 'e Of' >nal .~d ,RECORQ!l.P in my office on .l17...,.y..7i'.L.u. under
, ." PAGE "..,~.lr.t.... and. that the same is. true copy thereof
and e whole of such original. '
_ In Testimony Whereof, I heveAei"1.U'\IO set myd'~ .,"d ",ffixedJW
,eal of .ald County and Court on this 4t:f!,..... day of ..(jt".n.'_n... ., 20 fl./..
>",,"'" """" CLERK Q.~"a....4.1.:.P.,,'..t...~..
, 2007, before me, ~he undersigned, personally
,.......- ~. -- -~ proved to me on the
lal3 whose natn.Q$ are
'led to me that they
their signature, on
l bQn.lf ot which the,
0S/1:/2Q~7 10:0~
S2~-755-:1[ns
.
,TEN~HFER B GDU_D ESQ
.
PAGE 'J7/08
SCHEDULE 'A'
ALL THAT certain plot, piece orparcel ofl311d, situate, lying and being at Southold, in the Towll crt
Southold, County of Suft'olk and State ofNew York bounded and described as follows:
BEGlNNtNG at Il. point Cl!l the southerly side of Old North Road distant westerly 1380 feet, mom or less,
from the comer fonnedby the intersection of the westerly side ofNortb. Road, C. R 27 and the
southerly side ofOIC North Road;
RUNNlNG THENCE South 04 degrees 29 minutes 10 seconds Weirt 275.72 feet to land now cr
formerly of Richard. Ward; _
TIiENCE North 85 degrees 30 minutes 50 seconds West along said land now or furmerly of
Ricb.ard Ward, 180.65 feet;
THENCE North 17 degrees 50 minutes 00 seconds East, 307,82 feet to the southerly side of Old
North Read;
THENCE South 73 degrees 16 minutes 40 seconds Ea.5t along the southerly side of Old North
Road, J 12.13 feet to the point or place of BEGINNING.
SUBJECT TO a 20 foot wide right of way for a CO=on driveway over the easterly portion oftlle
premises to the Old North Road-for tile benefit of the pre:nises ilTmedial:e.ly to the South.
TOGETHER '?llTrl a 20 foot wide right ofwo.y over the aforesaid co=on driveway.
05/1l/20~7 1~:04 531-755-3035
JR)I1:";1fOR LOT LINE CH~E
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05/23/2007 1::48
631-75':,-3\]35
JENNIFEF~ B GOLLD ESQ
PAGE 'Jl/04
.
.
S'P
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53740 Main Road, P.O, Sox 008
Southold. New York 11871
Phone: 631.765-8375
Fax: 631-765-8036
Jennifer B. Gould
Attonlcy at Law
Fax
To, {J Mho"., 'It'(' 2-e.<-<-.-
Fall. 7~ 'f- ~I ~(,
Pho_ 7''f- lq~'ir
Rei Wae.DI.
From. Jennifer S, Gould, Esq.
D_ 5-2.~-Cr
Peges: 4 w.~Lc. tD.NJ,-
ee.
D Urgent
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I:l PI...... COmment 0 P...... bpIy
Cl PI_ Recycle
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IMPORTANT NOTICE: a law elf"" is ..ooing the infonnetloo contained in this f.osimi~ I,,,,.mlssion and ~ IIIlY contain
Wormotlon, w4\i:h It prMlelJed OMdIor eon/Idemlal Thelnfolmlllon 1,lntended ,,"Iy for the u:le 01 the 1nd'M:lual or onlIIY n._
above. If you 8re not the lnte~l::led n!!!eIp\ent or an employee or agent responsbe for derlVerin" this fdimie to the Intended
rodplen, pie... b. odIIlud th.1 tIl'j unauli'o_ dissemination, di!llrlbutlon, dlsclloure or copying of \hI. oommuni~on is
prololb~od I'll! mey be punl.hable under oppliCllbIe Iaw$.
_~~ 05!~3/20JI 1::~8
o31-755-3iJ3E.
JENNIFER B GOULD ESQ
PAGE IJ2/04
.
.
DI!lC~'II0N OF COVSN.l\N'tS AND US'rtUCTIONS
~HtS DECLARATION is made this day of May
2007, by Richard G. Ward, with an address of 1500 Lakeland
Avenue, 8ohel1d.a, NY :<.1716, hereinafter referred to as "the
OECLJl.RANT,"
wUEAS ,;he DEC:'ARANT is the owner of premises known
as tot 2 on ti',e subdivision map of Vito W. Amari approved
on March 12, 1975, (hereinafter referred to as the "Amari
subdivision") and more particularly described in Schedule A
annexed neT-eto, (hereinafter sometimes referred to as "the
premises" or "Let 2ff)andl
WHI!lREAS, on June 3, 2005, DECLARANT and Susan C. Ward,
owner of property known as Lot 1 in the Amari subdivision
filed an application for Re-Subdiviston (Lot Line Change),
i.neluding I'J survey prepared by John C. Ehlers, L. S., dated
August 3, 20C5 and last revised on November 1, 2005, and
WKERBAS, the resulting lot line changes make both Lot
1 and :Lot 2 in the p.mad subdi.vision non-conforming with
respect to let a~ea and lot width and the e~isting
structures non-conforming with respect to the present
Southold Town code oid8 yard setback requirements~ and
w~RBAS, the Zoning Board of Appeals granted the
necessary relief on August 29, 2006 (ZBA File # 5867); and
WHEREAS, as condition of approval, the zoning Board of
Appeals required the barn that currently exists on
Dec1arant's premises shall remain at its present location
unti.l such ti.me that a residence is constructed on said
property, at which time the barn r.\\.lst Joe made to conform to
che Southeld Town Cede; and
WHEREAS, on November 13, 2006, the Southold Town
Planning Board granted conditional final approval of the
Re-Subdivis)on (l,ct-Line Change) cased upon the surveys
prepared by John C. Ehlers, L,S., dated ~ugust 3, 2005 and
lest revised o~ November 1, 2005, subject to the following
cO'Jenants and restrictions as a condition of said approval,
and
~
85!:3!2a~7 l::cg
s:n - ~,>~5-30:3G
JEHI,IFER. B GD:_I..D ESQ
PAGE 'J3i04
.
.
WHBREAS t~e DECLARAN'r has co~side~ed the foregoing and
ha.s determined chat the same will be in the best i.r.terest
of the DE:CLAFANT and subsequent owners of the prer:d.ses;
N01f, TIlEilSFOllE, 'rHIS DECLARA1!ION WITNESSlt'rH'
That the DELCARANT, for the purposes of carrying out
the intention:; above expressed, does hereby make known,
admit, publish, covenant and agree that said premises
within the aforementioned subdivision map shall hereafter
be subject to the following covenants and restrictions as
herein cited, which shall run with ehe land and shall be
binding upon all purchasers, lot owners and holders of said
pre~ise$, their heirs, executcrs, administrators, l~gal
represen-:a:ives, dis'tributes, successors and assigns, to
wit:
a,. The SO foot wic;!e dght-of-way shown on the
~~ari subdivision over Lot 2 shall be ~educed
to a 20 foot co~~on driveway;
b. '=he owners ot LoL 3 .i,', the AIr,ori oubdivig;r"m
shall have a right of use and access over the
common driveway on Lot 2 0: said subdivision;
and
c. The barn that currently exists on Lot 2 of
said subdivision may ..emain at its present
10c8:ion until such time as a residence is
constru,:,ted on :Lot 2, at which time the ba,rn
must be made to conform to the Sou'thold Town
Code.
This covenant and restriction shall run with the land
an~ shall be binding upon the D~CLF.RANT, its successors and
assigns, and upon all perSons or en'cities claiming under
them, and may be terminated, revoked or amended by the
owner 0: the premises only with the written consent of the
Town granted by a majority plus one vote of tr.e Planning
l3oal:d after a public hearing.
If any sec,ion, subsection, paragraph, clause, phrase
Ot provision of these covenants and restriotions shall, by
a Court of competent juriSdiction, be adjudged illegal,
unlawful, invalid or held to be unconstitutional, the same
shall not affect the validity of these covenants as a whole
or allY other part or pr.ovision hereof other than the part
2
.
JENNIFER B GOULD ESQ
.
PAGE 'J4!04
..
-
05/23!20~7 11:~8
531- 755-:3035
50 adjudged to be illegal, unlawful, invalid, or
unconstitu'cional.
The aforementioned Re~trictive Covenants are intended
for the benefi.t of and shall be enforceable by the Town of
SO'.1th:lld, State of New York, by injunctiVe relief or by any
other remedy in equity or law. The failure of said
age:1cies or the Town of southold to enforce the same shall
net be deemed to affect the validity of this covenant nor
impose any liability whatsoever upon the Town of southold
or any officer or employee thereof.
The within DECLAP~7ION is made SUbJect to the
pr:J'.risloM' of all law:!, required by la1, or by their
provi51on~ to be lncorporated herein and made a part
hereof, a:! though f~lly set forth he=ei,n. That the within
DECLARATION shall run with the land and shall be binding
upon the DEClARANT his successors and a:!signs, and upon all
persons or entities claiming under them, and may not be
annulled, wai.ved, changed, modified, terminated, revoked or
amended by subsequent owners of the premises unless and
until. approv",d by a maj ori ty plus one vote of the of the
Southold Town Planning Board or its successors, after a
public hearing.
1N WITNESS WH!l1\EOF, the Declarant above named has
SKecuted the fOT.egolng instrument the day and year fir.st
written above.
:UCIlA1lD G. wuD
S.cate of New ":tor)" County of ouffolk 55.:
On ' 2001, b'4lfore me, the '.1ndersignlild, personallY
BPpe.rec Rieh.rc G. ~ard, p~r.onal1y known to m~ or proved to me on the
basis of sat.is:factvX-Y GV1d€:I'1C~ to be the ind;\.vid:lJal.s whose names are
s'Jbscribed. to thE; within inst:Cur.\ent and acknowledged to me that the)'
exeeuted t':1e: $atl\€ j,n thelr capacitj.es, ar:.d that by !;hej.r si.gn;tures on
tr-Je in.strument. the individl.;,als, or the pe;r,.son upon bEihal:r. of which the
i.ndividuals 6u:ted, executed the in.stIl,Ut'LeIlt.
Not~ry public
3
,
.
.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
MAIliNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
FACSIMILE
To: Jennifer B. Gould, Esq. (fax # 631-765-8036)
From: Anthony Trezza, Senior Planner
Date: May 23, 2007
Re: Ward Lot Line Change
1000-55-2-5.2 & 5.3
Attached, please find the revisions to the Declaration of Covenants and Restrictions. I
have included the required standard language using the C & R's from an approved
project. You should add the paragraphs as indicated and fax/e-mail a revised copy for my
review. Assuming you can get the C & R's filed before the June 11 th meeting, we will be
able to issue final approval and sign the maps. .
Call me if you have any questions.
S:\Planning\2007\Subdivisions\Memos\gould 5.23.07.doc
;
..
..
DECLARATION OF COVENANTS & REST TIONS
S DECLARATION is made this;f~ay of &2005 by M ot LLC with offices at 591A
Bicy Path, Port Jefferson, NY 11776, hereinafter referred t the DECLARANT;
WHEREAS, the D LARANT is the owner 0 ertain real property situate on the North side of
Main State Road 25, wn of Southold, S lk County, New York, more particularly bounded
and described in Schedul eto (hereinafter referred to as the Property); and
made an application for and has received conditional
e Town of Southold to subdivide said property into five
of "Elysian Fields" prepared by John C. Ehlers
. ch map will be filed herewith in the Office of the
WHEREAS, for. d in consideration of the granting said approval, the Planning Board of the
Town of So old has deemed it to be in the best int ts of the Town of Southold and the
owners an rospective owners of said lots that the within C nant and Restriction be imposed
on said ts I and 2, 3, 4 and 5, and as a condition of said ap al, said Planning Board has
req' that the within Declaration be recorded in the Suffolk County Clerk's Office; and
REAS, the DECLARANT has considered the foregoing and have determined. that the same
I be for the best interests of the DECLARANT and subsequent owners of said parcel;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the DECLARANT, for the purpose of carrying out the intentions above expressed, does
^:vU hereby make known, admit, publish, covenant and agree that the said lots within said subdivision
. r map shall hereafter be subject to the following covenant and restriction as herein cited, which
shall run with the land and shall be binding upon all purchasers, lot owners and holders of said
Property, their heirs, executors, admiQistrators, legal representatives, distributees, successors and
assigns, to wit:
~J
0~ t/)
C\..
No building P
until a cUIb-cut p
~\)\)
This covenant and restriction shall run with the land and shall be binding upon the
DECLARANT, its successors and assigns, and upon all persons or entities claiming under them,
and may be terminated, revoked or amended by the owner of the Property only with the written
consent of the Town granted by a majority plus one vote of the Planning Board after a public
hearing.
~v\)
0\)\)
~\)\)
-
..
.
If any section, subsection, paragraph, clause, phrase or provision of these covenants and
restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or
held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or
any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid,
or unconstitutional.
The aforementioned Restrictive Covenants are intended for the benefit of and shall be
enforceable by the Town of Southold, State of New York, by injunctive relief or by any other
remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the
same shall not be deemed to affect the validity of this covenant nor to impose any liability
whatsoever upon the Town of Southold or any officer or employee thereof.
The within Declaration is made subject to the provisions of all laws required by law or by their
provisions to be incorporated herein and made a part hereof: as though fully set forth.
That the within Declaration shall run with the land and shall be finding upon the DECLARANT
and its successors and assigns, and upon all persons or entities claiming under them, and may not
be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by
subsequent owners of the Property unless and until approved by a majority plus one vote of the
Planning Board of the Town of South old or its successors, after a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing
instrument the day and year first written above.
l
dATE OF NEW YORK
Cl5UNTY 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 CER1~ {HAT I HAVE COMP~~ THE ANNEXED COPY OF ~ 05'
DEED UBER ICl AT PAGE RECORDED It>. .
AND THAT IT IS A JUST AND TRUE COpy OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE
THEREOF.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID
jCOUNTYANDCOURTTHIS drc:t DAYOFO~ &: ~~.
"'~ . '-L~
. CLERK
SS:
lN1..12117cl1
nu,.". u",,,... U\DI'IlIVI"O'" """
No. 5053136. Suffolk County
Commission Expires December 11. 20~
.
.
SIl~F
fir
JENNIFER B. GOULD
Attorney at Law
53740 Main Road
P.O. Box 988
SouthoId, New York 11971
Telephone Number: 631-765-8375
Fax Number: 631-765-8036
May 18, 2007
Jerilyn B. Woodhouse, Chairwoman
Southold Town Planning Board
53095 Main Road, PO Box 1179
Southold, NY 11971
RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision /Lot Line Modification
Premises: 4006 Old North Road and 4400 Old North Road. Southold. NY
(SCTM #'s 1000-55-2-5.2 & 5.3)
Dear Ms. Woodhouse:
Thank you for your letter dated May 15,2007, in which the Planning Board granted an extension
oftime for conditional final approval of the above-referenced application.
When 1 requested the extension, I was uncertain whether the surveyor could provide me with the
required map copies. However, on April 9 & 10, 2007, I submitted five copies of the map;
certified copies of the new deeds (2) and a common driveway agreement between Richard Ward
and the neighbors, Kira and John Verity, all filed with the Suffolk County Clerk's office on
March 26,2007; and a copy of the proposed covenants and restrictions for the Board's review.
At this point in time, the applicant has met all conditions of the November 14,2006, resolution.
If the covenant and restriction is acceptable, I will have Mr. Ward execute it and record it in the
Suffolk County Clerk's office.
Very truly yours, ~~
~Id
Enclosure
cc: Richard G. Ward
1..... .... o. .~.. =..;.... _.~~.': -- -':";:~":ii
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Southold Town
Planni Board
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.
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MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 15, 2007
Jennifer B. Gould, Esq,
P.O. Box 177
Greenport, NY 11944
Re: Lot Line Change for the properties of Richard and Susan Ward
The properties are located on the slslo Old North Road, approximately 1,380' wlo
North Road in Southold.
SCTM#1000-55-2-5.2 & 5.3 Zoning Districts: A-C
Dear Ms. Gould:
The Southold Town Planning Board, at a meeting held on Monday, May 14, 2007,
adopted the following resolution:
WHEREAS, this proposal is to reconfigure the lot lines and reduce the width of the right-
of-way on the subdivision map of Vito W. Amari where, following the lot line changes,
Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-of-way is
reduced to a 20'-wide common driveway to provide access to Lots 2 & 3; and
WHEREAS, on November 13, 2006, the Southold Town Planning Board granted
conditional final approval on the surveys prepared by John C. Ehlers, L.S. dated August
3, 2005 and last revised on November 1, 2005; and
WHEREAS, by letter dated April 9, 2007, the applicant requested an extension of time
to meet the conditions of conditional final approval; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants an extension of
time for conditional final approval effective May 13,2007 until November 13, 2007.
Please feel free to contact this office if you have any questions.
Very truly yours,
~A5?J~
Jerilyn B. Woodhouse
Chairperson
.
.
-SF
f11k-'
Jerilyn B. Woodhouse, Chairwoman
Southold Town Planning Board
53095 Main Road, PO Box 1179
Southold, NY 11971
...,g;j_. ,.' ,,~._""_ _,..,...........~..........,.r,~
RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivisioii.7L~tLi~;d\1odification
Premises: 4006 Old North Road and 4400 Old North Road. Southold. NY
(SCTM #'s 1000-55-2-5.2 & 5.3)
JENNIFER B. GOULD
Attorney at Law
53740 Main Road
P.O. Box 988
Southold, New York 11971
"..... , .."~~=-'r
TeI1Pl'I'6n'F1\tum6er: 63i-76S-837S" 1
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I"=' Ie; I, '., ,I i~ 11 \
April 1 0, 200~ \ pI ~---' . '="-,! I \ \
U \ .'. APR 1 1 2007 " J:..:)
.Lp----~
,'::1
Dear Ms. Woodhouse:
Enclosed please find three (3) additional copies of the map and the proposed covenant and
restriction.
Kindly advise if the covenant and restriction is acceptable and I will arrange for its execution by Mr.
Ward and recording with the Suffolk County Clerk's office.
Very truly yours,
~Ul~~
Enclosure
cc: Richard G. Ward
.
.
JENNIFER B. GOULD
Attorney at Law
53740 Main Road
P.O. Box 988
Southold, New York 11971
Telephone Number: 631-765-8375
Fax Number: 631-765-8036
April 9, 2007
Jerilyn B. Woodhouse, Chairwoman
Southold Town Planning Board
53095 Main Road, PO Box 1179
Southold, NY 11971
RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision /Lot Line Modification
Premises: 4006 Old North Road and 4400 Old North Road. Southold. NY
(SCTM #'s 1000-55-2-5.2 & 5.3)
Dear Ms. Woodhouse:
Enclosed please find two (2) additional copies of the map. I have ordered additional prints from
the surveyor, and will forward to the Planning Board office.
In addition, please find certified copies of the deeds (2) and a common driveway agreement
executed by the owners oflots 2 (revised lot) and 3 (presently Richard Ward and John and Kira
Verity) on the Vito W. Amari subdivision, all of which were filed and recorded with the Suffolk
County Clerk, on March 26,2007.
I'm in the process of drafting covenants and restrictions referenced in your letter dated
November 14,2006; however, I need clarification from Anthony Trezzo or the perhaps the
Board, before I can finalize them.
The six month deadline to complete all Planning Board conditions for this matter expires on May
13,2007. In the event the covenants and restrictions are not recorded by that date, I respectfully
request an extension of time from the Planning Board.
Very truly yours~
~d
Enclosure
cc: Richard G. Ward & Susan C. Ward
Hand delivered to the Planning Board Office on April 9, 2007
.
.
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made this day of April
2007, by Richard G. Ward, with an address of 1500 Lakeland
Avenue, Bohemia, NY 11716, hereinafter referred to as "the
DECLARANT," is the owner of premises known as Lot 2 on the
subdivision map of Vito W. Amari approved on March 12,
1975, (hereinafter referred to as the "Amari subdivision")
and more particularly described in Schedule A annexed
hereto, (hereinafter sometimes referred to as "the premises"
or "Lot 2"), does hereby declare that said premises shall
be held and shall be conveyed subject to the following
convenants and restrictions:
1. WHEREAS, on June 3, 2005, DECLARANT and Susan C.
Ward, owner of property known as Lot 1 in the Amari
subdivision filed an application for Re-Subdivision (Lot
Line Change), including a survey prepared by John C.
Ehlers, L.S., dated August 3, 2005 and last revised on
November 1, 2005, and
2. WHEREAS, the resulting lot line changes make both
Lot 1 and Lot 2 in the Amari subdivision non-conforming
with respect to lot area and lot width and the existing
structures non-conforming with respect to the present
Southold Town Code side yard setback requirements; and
3. WHEREAS, the Zoning Board of Appeals granted the
necessary relief on August 29, 2006 (ZBA File # 5867); and
4. WHEREAS, as condition of approval, the Zoning Board
of Appeals required the barn that currently exists on
Declarant's premises shall remain at its present location
until such time that a residence is constructed on said
property, at which time the barn must be made to conform to
the Southold Town Code; and
5. WHEREAS, on November 13, 2006, at a public hearing
the Southo1d Town Planning Board, acting under the State
Environmental Quality Review Act pursuant to 6 NYCRR Part
617, Section 617.7, performed an uncoordinated review of
this unlisted action; established itself as lead agency
made a determination of non-significance and granted a
Negative Declaration; and
6. WHEREAS, on November 13, 2006, the Southold Town
Planning Board granted conditional final approval of the
.
.
Re-Subdivision (Lot-Line Change) based upon the surveys
prepared by John C. Ehlers, L.S., dated August 3, 2005 and
last revised on November 1, 2005, subject to the following
covenants and restrictions: it is DECLARED AND COVENANTED
BY DELCARANT, his heirs or successors and assigns forever
that:
c.
The 50 foot wide right-of-way shown on the
Amari subdivision over Lot 2 shall be reduced
to a 20 foot common driveway;
The owners of Lot 3 in the Amari subdivision
shall have a right of use and access over the
common driveway on Lot 2 of said subdivision;
and
The barn that currently exists on Lot 2 of
said subdivision may remain at its present
location until such time as a residence is
constructed on Lot 2, at which time the barn
must be made to conform to the Southold Town
Code.
a.
b.
7. These covenants and restrictions shall run with the
land and shall be binding upon the DECLARANT his successors
and assigns, and upon all persons or entities claiming
under them, and may be terminated, revoked or amended only
with the written consent of the Southold Town Planning
Board.
IN WITNESS WHEREOF, the Declarant has
hand and seal to be hereunto affixed this
2007.
hereunto set its
day of April
RICHARD G. WARD
State of New York, County of Suffolk ss.:
On , 2007, before me, the undersigned, personally
appeared Richard G. Ward, personally known to me or proved to me on the
basis of satisfactory evidence to be the individuals whose names are
subscribed to the wi thin instrument and acknowledged to me that they
executed the same in their capacities, and that by their signatures on
the instrument, the individuals, or the person upon behalf of which the
individuals acted, executed the instrument.
Notary Public
2
.
.
~
~T
~
JENNIFER B. GOULD
Attorney at Law
53740 Main Road
P.O. Box 988
SouthoId, New York 11971
Jerilyn B. Woodhouse, Chairwoman
Southold Town Planning Board
53095 Main Road, PO Box 1179
Southold, NY 11971
L-..
RE: Richard G. Ward and Susan C. Ward A lication for Re-Subdi ision /Lot me
.-""
Premises: 4006 Old North Road and 4400 Old North Road. Southol . ...........__
(SCTM #'s 1000-55-2-5.2 & 5.3) _"..,__..~,..,._.."...... ....
....,.
Dear Ms. Woodhouse:
Enclosed please find two (2) additional copies of the map. I have ordered additional prints from
the surveyor, and will forward to the Planning Board office.
In addition, please find certified copies of the deeds (2) and a common driveway agreement
executed by the owners oflots 2 (revised lot) and 3 (presently Richard Ward and John and Kira
Verity) on the Vito W. Amari subdivision, all of which were filed and recorded with the Suffolk
County Clerk, on March 26,2007.
I'm in the process of drafting covenants and restrictions referenced in your letter dated
November 14, 2006; however, I need clarification from Anthony Trezzo or the perhaps the
Board, before I can finalize them.
The six month deadline to complete all Planning Board conditions for this matter expires on May
13,2007. In the event the covenants and restrictions are not recorded by that date, I respectfully
request an extension of time from the Planning Board.
Very truly yours~
~ld
Enclosure
cc: Richard G. Ward & Susan C. Ward
Hand delivered to the Planning Board Office on April 9, 2007
.
. .
/.
,
111111111111111111111111111 1111111111 111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 4
Receipt Number : 07-0028964
TRANSFER TAX NUMBER: 06-27618
Recorded:
At:
03/26/2007
11:09:36 AM
LIBER:
PAGE:
D00012497
838
District:
1000
Section:
055.00
EXAMINED AND
$0.00
Block:
02.00
CHARGED AS
Lot:
005.004
FOLLOWS
Deed Amount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $12.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $165.00 NO
TP-584 $5.00 NO Cert.Copies $5.00 NO
RPT $30.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Conun.Pres $0.00 NO
Fees Paid $247.00
TRANSFER TAX NUMBER: 06-27618
THIS PAG~ IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
Number oi pages
TOR.RENS
Lj
Serial #
Certificate #
Prior Ctf. #
Deed. Mortgage Instrument
Deed I Mortgage Tax Stamp
3
FEES
Page I Filing Fee
~-=-
Handling
5. .illL
S -
TP-584
Notation
EA-5217 (County)
5
1lL:S
20
Sub Total
--
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
5. 00
Affidavit
Certified Copy
5
-
Reg. Copy
Sub Total
Other
Grand Total
2~-n/
1000 05500 0200 005004
p 0
.
RECORDED
2007 H.r 26 11: 09: 36 m1
Judi t.h 1=/. P.35cale
CLERK OF
SUFFOLK COUtfr'/
L D000124'37
F' ::;:.3;::
[)T# 06-2761::;
Recording I Filing Stamps
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec. I Assit.
or
Spec. I Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment _
Transfer Tax - 0 -
Mansion Tax
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES or NO
F. --
\ If NO, see appropriate tax clause on
J page # of this instrument.
~ '2 -'
005.002 5 Communit Preservation Fund
p 0 3
Consideration Amount $ 0
CPF Tax Due $ 0
4 Dis
Real
Propert
Tax SeJ
Agency
Verification
6 SatisfactionlDischargeslRelease List Property Owners Mailing Address
RECORD & RETURN TO:
Jennifer B. Gould, Esq,
PO Box 988 .
South old, NY 11971
7
Improved
Vacant Land xx
TD
TD
TD
Title Company Information
Co. Name None
Title # None &a
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Bareain and Sale Deed
(SPECIFY TYPE OF INSTRUMENT)
made by:
Richard G. Ward and Susan C. Ward
The premisis herein is situated in
TO
SUFFOLK COUNTY, NEW YORK.
In the Township of South old
In the VILLAGE
or HAMLET of Southold
BOXES (i THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
Richard G. Ward
.
.
Bargain and Sale Deed witb Covenants Against Grantor's Acts - Individual or Corporation
COl'lSUL T YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT. THIS INSTRUMENT SHOULD BE USED BY LA WYERS ONLY
TillS INDENTURE, made the 2~""'h
~~~~L'1
day of ,2007, BETWEEN
RICHARD G. WARD, 1500 Lakeland Avenue, Bohemia, NY, 11716
SUSAN C. WARD, residing at 4400 Old North. Road, Southold, NY, 11971
party of the first part,
RICHARD G. WARD, 1500 Lakeland Avenue, Bohemia, NY, 11716
party of the second part,
WITNESSETH, that the party of the first part, in consideration ofTEN ($10.00) dollars,
lawful money of the United States paid by the party of the second part, does hereby grant and release unto
the party of the second part, the heirs or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being
SEE SCHEDULE 'A' ANNEXED HERETO
BEING AND INTENDED TO BE PART OF THE same premises conveyed to Richard G. Ward by deed
dated December 29,2000 and recorded in the Office of the Clerk of the County of Suffolk on January 22,
2001 in Liber 12098 at page 088 and part of the same premises conveyed to Susan C. Ward by deed dated
December 29,2000 and recorded in the Office of the Clerk of the County of Suffolk on January 22,2001 in
Liber 12098 at page 089.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said
prennses.
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party
of the first part will receive the consideration for this conveyance and will hold the right to receive such.
consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and
will apply the same first to the payment of the cost of the improvement before using any part of the total of
the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the
sense of this indenture so requires.
.
.
IN .wITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first
above written.
IN PRESENCE OF:
,'"
~~~
c.
STATE OF NEW YORK.:COUNTY OF SUFFOLK) ss:
Fc..~,,"I-
On the PI F'Tf'f day of Jammry, 2007, before me, the undersigned, personally appeared RICHARD G.
WARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose names is subscribed to the within instrument and acknowledged to me that he executed the same in
his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
I~ aailtl
Notary Public
(Ill-II" L S'//PJpl'
KARIN LSTA,.,H .(f~I' Qff'l"'''.A''
Notary Public, State ". ",'.' York .J. 'f97 ~ 'U l
No. 49735,';, r>l) ,
Qualified In Suffo::, ',~.o'Jnty J'v,:";'Cw../7'1
Commission Expires Octcoel 22, 111II 2& 10 I; y!
STATE OF NEW YORK.:COUNTY OF SUFFOLK) ss: 1'0'''''- (0
Rb,u4l!Aj
On the .li-l'''' day of Jlml:ltti:)., 2007, before me, the undersigned, personally appeared SUSAN C.
WARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose names is subscribed to the within instrument and acknowledged to me that she executed the same in
her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
~~
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
55.:
JENNIfER B. GOUlD
Iloll" Public, Stall of New \llrt
No. 02G0502464O-Sal101l Counlr
Commiuia &plqa IIW 14, 20 I ()
- I -
I
I
I
I, JUDITH A. PASCALE Clerk of th C
Court of Record thereof do hereb lily th e ounty of Suffolk and the
with the original Deed' RECQRD~~er a~ I have co~ared the annexed
LillER ..1..~.Y.9.7.... PAGE .'r>~ 8' m my 0 fice on ........7<i?r.e".Q.'1... under
and of the whole of such o~i~~~i:""'" and, that the same is a !rue copy thereof,
"~, ,( I:n, ~~stimony Whereof, I have hereunto set rnv lvp",,-i ........,-1 ,([:. -! d.
.
.
SCHEDULE 'A'
ALL THAT certain plot, piece or parcel ofland, situate, lying and being at Southold, in the Town of
Southold, County of Suffolk and State of New York bounded and described as follows:
BEGINNING at a point on the southerly side of Old North Road distant westerly 1380 feet, more or less,
from the corner formed by the intersection of the westerly side of North Road, C. R. 27 and the
southerly side of Old North Road;
RUNNING THENCE South 04 degrees 29 minutes 10 seconds West 275.72 feet to land now or
formerly of Richard Ward;
THENCE North 85 degrees 30 minutes 50 seconds West along said land now or formerly of
Richard Ward, 180.65 feet;
THENCE North 17 degrees 50 minutes 00 seconds East, 307.82 feet to the southerly side of Old
North Road;
THENCE South 73 degrees 16 minutes 40 seconds East along the southerly side of Old North
Road, 112.13 feet to the point or place ofBEGINNlNG. .
SUBJECT TO a 20 foot wide right of way for a common driveway over the easterly portion of the
premises to the Old North Road for the benefit of the premises immediately to the South.
TOGETHER WITH a 20 foot wide right of way over the aforesaid common driveway.
.
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 4
Receipt Number : 07-0028964
TRANSFER TAX NUMBER: 06-27617
Recorded:
At:
03/26/2007
11:09:36 AM
LIBER:
PAGE:
D00012497
837
District:
1000
Section:
055.00
EXAMINED AND
$0.00
Block:
02.00
CHARGED AS
Lot:
005.005
FOLLOWS
Deed Amount:
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $12.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $75.00 NO
TP-584 $5.00 NO Cert.Copies $5.00 NO
RPT $30.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $157.00
TRANSFER TAX NUMBER: 06-27617
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
, .
Bargain and Sale Deed with Covenants Against Grantor's Acts ~ Individual or Corporation
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT. THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
.
.
TIDS INDENTURE, made the I s..J-
fYIa r(" t.-
day of ltmuary, 2007, BETWEEN
RICHARD G. WARD, 1500 Lakeland Avenue, Bohemia, NY, 11716
SUSAN C. WARD, residing at 4400 Old North Road, Southold, NY, 11971
party of the first part,
SUSAN C. WARD, residing at 4400 Old North Road, Southold, NY, 11971
party of the second part,
WITNESSETH, that the party of the first part, in consideration ofTEN ($10.00) dollars,
lawful money of the United States paid by the party of the second part, does hereby grant and release unto
the party of the second part, the heirs or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being
SEE SCHEDULE 'A' ANNEXED HERETO
BEING AND INTENDED TO BE PART OF THE same premises conveyed to Richard G. Ward by deed
dated December 29,2000 and recorded in the Office of the Clerk of the County of Suffolk on January 22,
2001 in Liber 12098 at page 088 and part of the same premises conveyed to Susan C. Ward by deed dated
December 29, 2000 and recorded in the Office of the Clerk of the County of Suffolk on January 22,2001 in
Liber 12098 at page 089.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said
premises.
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the fust part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party
of the first part will receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and
will apply the same fust to the payment of the, cost of the improvement before using any part of the total of
the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the
sense of this indenture so requires.
y
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed. Mortgage Instrument
Deed / Mortgage Tax Stamp
3
FEES
Page / Filing Fee
;'2
Handling
5. JllL
TP-584
5
Notation
EA-5217 (County)
EA-5217 (State)
5 -
"15 -
3JJ=
Sub Total
R.P.T.S.A.
Comm. of Ed.
5. .illL
Affidavit
Mt
Certified Copy
5
--
Reg. Copy
Sub Total
Grand Total J 51 ,.
Other
::;] District!1
Real
Property
Tax Service
Agency
Verification
1000 05500 0200 005005
lots
o 5.002 5
.
RECOF:[>E[>
2007 t'1ar 2". II' n'o..,,, .....1
- "_-'O'h"-'"I
Judi t.h A. P.:t:3c:tle
CLmK OF
:':::UFFOLK COUt'iP/
L [:{lClOi249?
p :::.37
[:IT#. 06-276i 7
Recording / Filing Stamps
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assil.
or
Spec. / Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment _
Transfer Tax - 0 -
Mansion Tax
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
J('{'" YES or NO
J If NO, see appropriate tax clause on
page # of this instrument.
3-
005.00 Consideration Amount $ 0
Communit Preservation Fund
6
SatisfactionlDischarges/Release List Property Owners Mailing Address
RECORD & RETURN TO:
Jennifer B. Gould, Esq.
PO Box 988
Southold, NY 11971
7
CPF Tax Due $ 0
Improved
Vacant Land
TD
TD
TD
Title Company Information
Co. Name None
Title # None 7GfJ
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Bareain and Sale Deed
(SPECIFY TYPE OF INSTRUMENT)
Richard G. Ward and Susan C. Ward
made by:
The premisis herein is situated in
TO
SUFFOLK COUNTY, NEW YORK.
In the Township of South old '
In the VILLAGE
or HAMLET of South old
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
Susan C. Ward
.
.
IN )VlTNESS WHEREOF, the party of the fIrst part has duly executed this deed the day and year fIrst
above written.
IN PRESENCE OF:
STATE OF NEW YORK:COUNTY OF SUFFOLK) ss:
~,..,-"'"
On the I~ day of JanYarj', 2007, before me, the undersigned, personally appeared RICHARD G.
WARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose names is subscribed to the within instrument and acknowledged to me that he executed the same in
his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
~ff~
Notary Public
KARIN L STALTER
Notary Public. State of New Yort
No. 4973546
Qualified in Suffof~ County
Commission Expires October 22, "- 2-a (c:>
STATE OF NEW YORK:COUNTY OF SUFFOLK) ss:
J:>~~1
On the ~r day of , 2007, before me, the undersigned, personally appeared SUSAN C.
WARD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose names is subscribed to the within instrument and acknowledged to me that she executed the same in
her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which'
the individual acted, executed the instrument.
~~
JEIlIIIFER 8. GOULD
IIaIIry Public. StatlI of New 'AlIt
No. 02G0502464O-Salfo1k Cou~
CamaIialaII Expiqa IIW 14, 2D J.si
COUNTY CLERK'S OFFICE
STATE OF NEW YORK 55.:
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Oerk of the County of Suffolk and the
Court of Record thereof, do hereby certify that I have compared the annexed
with the original Deed RECORDED in my office on ..".:C1.w.o9.2..... under
LIBER ../..01.9.9...7.... PAGE ...8~..7....... and, that the same is a true copy thereof,
and of the whole of such original.
In Testimony Whereof, I have herej-g'to set my hand and affixed the
<.;.eal of said County and Court on this .s9lJJ...... day of .~......, 20 .ifJ...
.
SCHEDULE "A"
.
ALL that certain plot, piece or parcel ofIand, situate, lying and being at Southold, in the Town of
Southold, County of Suffolk and State of New York bounded and described as follows:
BEGINNING at a point on the southerly side of Old North Road distant westerly 1492.13 feet, more or
less, from the comer formed by the intersection of the westerly side of North Road, C. R. 27 and the southerly side
ofOld North Road;
RUNNING THENCE South 17 degrees 50 minutes 00 seconds West, 307.82 feet to land now or
formerly of Richard Ward;
THENCE North 85 degrees 30 minutes 50 seconds West along said land now or formerly of Richard
Ward, 112.62 feet to land now or formerly of Mary Fricke Punzi;
THENCE North 04 degrees 29 minutes 10.seconds East along said land now or formerly of Mary Fricke
Punzi and later along land now or formerly of Arlette Canning and land now or formerly of Frank and Patricia
Lawrence, 345.78 feet to the southerly side of Old North Road;
THENCE along the southerly side of Old North Road the following two (2) courses and distances:
I. South 70 degrees 59 minutes 00 seconds East, 157.32 feet; and
2. South 73 degrees 16 minutes 40 seconds East, 32.12feet to the point or place of BEGINNING.
..
, .
" ...
, ..
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
..
Deed. Mortgage Instrument
Deed I Mortgage Tax Stamp
3
FEES
Page I Filing Fee
18 -
Handling
5. JllL
5 ./
TP-S84
Notation
EA-S217 (County)
28 -
Sub Total
EA-S2l7 (State)
R.P.T.S.A.
s:J
Comm. of Ed.
5. 00
Affidavit
Certified Copy
5
-
Reg. Copy
55 --
R3/
Sub Total
Other
J District
Real
Property
Tax Servicr
Agency
Verification
IS
Grand Total
-
1000 05500 0200 005004
05.001
6 SatisfactionlDischargeslRelease List Property Owners Mailing Address
RECORD & RETURN TO:
Jennifer B. Gould, Esq.
PO Box 988
Southold, NY 11971
7
.
F:EC,~:F:[:1ED
2007 I'!.:F 2::, i 1.; 09: ~;6 HI'!
..Tudit.h H. F'a~;c:i.l,?
CLEP~::: OF
SU!::'FOLf< COUi'~T'.,.'
L D00012497
F' ;::3')
DT# 06-2761'3
Recording I Filing Stamps
MOltgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec. I Assit.
or
Spec. I Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment _
Transfer Tax - (') -
Mansion Tax
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
J page # of this instrument.
3- 1-0
5 Communit Preservation Fund
Consideration Amount $ 0
CPF Tax Due $ 0
Improved xx
Vacant Land
TD
TD
TD
Title Company Information
Co. Name None
Title # None (]) Co'
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Common Drivewav Ae:reement
(SPECIFY TYPE OF INSTRUMENT)
Richard G. Ward
made by:
The premisis herein is situated in
TO
SUFFOLK COUNTY, NEW Y ffiEl..
In the Township of Southold
In the VILLAGE
or HAMLET of South old
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
John J. Verity and Kira R. Verity
",
.
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 6
Receipt Number : 07-0028964
TRANSFER TAX NUMBER: 06-27619
Recorded:
At:
LIBER:
PAGE:
District:
1000
Section:
055.00
EXAMINED AND
$0.00
Block:
02.00
CHARGED AS
FOLLOWS
Deed Amount:
Received the Following Fees For
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Transfer tax
NO
Page/Filing
COE
TP-584
Cert.Copies
SCTM
Comm.Pres
$18.00
$5.00
$5.00
$5.00
$0.00
$0.00
Fees Paid
TRANSFER TAX NUMBER: 06-27619
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
03/26/2007
11:09:36 AM
D00012497
839
Lot:
005.004
$5.00
$15.00
$0.00
$30.00
$0.00
$83.00
Exempt
NO
NO
NO
NO
NO
"
.
.
COMMON nRlVEW A Y AGREEMENT
t'OA r (' "'-
THIS AGREEMENT, submitted this I s.1 day of "fllnl:lll:!')', 2007 by and between
RICHARD G. WARD, residing at 1500 Lakeland Avenue, Bohemia, New York, and JOHN J.
VERITY and KIRA R. VERITY, residing at 4004 Old North Road, Southold, New York
WHEREAS, RICHARD G. WARD is the owner in fee of premises known as 4006 Old
North Road, in the Town of Southold, Suffolk County, New York, by deed intended to be
recorded simultaneously herewith; and
WHEREAS, JOHN 1. VERITY AND KlRA R. VERITY are the record owners of premises
known as 4004 Old North Road, in the Town of Southold, Suffolk County, New York, by deed
dated June 9, 2005, which deed was recorded in the Office of the Clerk of the County of Suffolk
on July 8, 2005 in Liber 12396 at page 791; and
WHEREAS there is a twenty-foot wide driveway located upon the property of RICHARD
G. WARD, as shown on a survey made by John C. Ehlers dated August 3, 2005 revised
November I, 2005, a copy of which is attached hereto; and
WHEREAS, the parties hereto wish to establish the rights and obligations with respect to
the said twenty-foot wide driveway for themselves, their heirs, successors and assigns;
NOW THEREFORE, in consideration of the mutual promises contained herewith, the
parties agree as follows:
I. The driveway located along the easterly line of the premises known as 4006 Old
North Road, Southold, New York, presently owned by RICHARD G. WARD, is a
twenty-foot wide common driveway.
2. That this said driveway shall be perpetually maintained as a common driveway as
shown on the attached survey map for use by the owners and occupants of the
premises herein above described.
3. RICHARD G. WARD, hereby grants to JOHN J. VERITY and KIRA R. VERITY,
their heirs, successors and assigns the perpetual right to use the portion of the said
driveway located upon his premises as shown on the attached survey map for the
purpose of ingress and egress and for the purpose of maintaining the said driveway.
4. JOHN J. VERITY and KIRA R. VERITY release any claim that they may have in
and on the property underlying the portion of the common driveway located on the
premises of RICHARD G. WARD, as shown on the attached survey map except for
the rights established under this agreement.
5. The parties hereto agree that they shall mutually maintain the common driveway.
NYSBA PRACTICE FORMS 3/03
RET935
I
.
.
6.
It is mutually covenanted and agreed by and between the parties hereto, that this
agreement shall run with the land, and shall e binding upon the heirs, assigns and
successors in interest to all of parties hereto
~~~~
ARDG. WARD
ST A IE OF NEW YORK:COUNTY OF SUFFOLK) ss:
~"'''''''''1
On the ,', ~TIi day of lan_i, 2007; before me, the undersigned, personally
appeared RICHARD G. WARD, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
KARIN L STALTER
NOlary Public. Slale of New York
No. 4973546 I.
Qualified in Sutto':, County
Commission Expires OClGber 22,... l.o'O
fdu: (ktih
Notary Public
STATE OF NEW YORK:COUNTY OF SUFFOLK) ss:
-Fdx......'""\
On the Pi ~IH day of,~ -i, 2b07, before me, the undersigned, personally
appeared JOHN J. VERITY, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
(au,- {I.aI-~
Notary Public
KARIN L STALTER
Notary Public. Slate of New York
No. 4973546
Qualified in Suttol!; County .
Commission Expires October 22, ,... 2.0' C'
RET035
2
NYSBA PRACTICE FORMS 3/03
"
.
.
""'"
SCHEDULE 'A'
ALL THAT certain plot, piece or parcel ofland, situate, lying and being at Southold, in the Town of
Southold, County of Suffolk and State of New York bounded and described as follows:
BEGINNING at a point on the southerly side of Old North Road distant westerly 1380 feet, more or less,
from the corner formed by the intersection of the westerly side of North Road, C. R. 27 and the
southerly side of Old North Road;
RUNNING THENCE South 04 degrees 29 minutes 10 seconds West 275.72 feet to land now or
formerly of Richard Ward;
THENCE North 85 degrees 30 minutes 50 seconds West along said land now or formerly of
Richard Ward, 180.65 feet;
THENCE North 17 degrees 50 minutes 00 seconds East, 307.82 feet to the southerly side of Old
North Road;
THENCE South 73 degrees 16 minutes 40 seconds East along the southerly side of Old North
Road, 112.13 feet to the point or place of BEGINNING.
SUBJECT TO a 20 foot wide right of way for a common driveway over the easterly portion of the
premises to the Old North Road for the benefit of the premises immediately to the South.
TOGETHER WITH a 20 foot wide right of way over the aforesaid common driveway.
.
SURYE'r.{ FOR LOT LINE CHA
51nJA TE. SOUTHOLD
TOI^IN. SOUTHOLD
SUFFOLK COUNTY, NY
5lJRVEYED 00-03-2005
REVISED 11-01-2005
5lJFFOLK COUNTY TAX .'5
, 1000-55-2-5.2
11000-55-2-5.3
,0.-.
I RidllrdO.Wanl
SaIllDC.WmI
4tO Old Nor1b a..d
SoaIboId, New YOlk 11971
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~
NOTES,
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MONJMENT FOUND
PIPE FOUND
--------
~
I
.
OVERALL AREA '" 'l"OpOI SF OR 2.08 AGRe5
AREA LOT I BEFORE LINE C.HAN6E '" 50,523 SF OR 1.1t> AGRE5
AREA LOT 2 BEFORE LINE CHANc;.E '" 40,158 SF OR 0.<1'2 ACRES
AREA LOT I AFTER LINE GHAN6E = 4b,5IQ ~ OR 1.11 ACRES
AREA LOT 2 AFTER LINE CHANGoE " 42,162 SF OR 0.Q1 ACRES
ZONIN6 DISTRICT AG - SET6AGKS BASED UPON NONC.ONFORMINrS LOTS
I
[.GRAPHIC SCALE
L.~---
1"- 50'
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N. Y .5. UC. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287 REF.Z:\pros\05\05 247.pro
-,
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, ,
':
.
.
STATE OF NEW YORK:COUNTY OF SUFFOLK) ss:
On the \.1 day Of~07, before me, the undersigned, personally
appeared KIRA R: VERITY, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
CONSTANCE.~Olk
NalaIY PulIlIc.=_,. .
~In $ulIal!l CllUnIr-
c......i1111V ElqllNa ApdI1" ...
NOmryS~
.
COUNTY CLERK'S OFFICE
STATE OF NEW YORK 55.:
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof, do hereby certify that I have compared the annexed WIth
the original Easement RECORDED in my office on ..$..:::2.&:::/1.7.... under
LIBER ..1.2.'1..9.7...... PAGE ....~.'3(L.. and, that the same is a true copy thereof,
and of the whole of such original.
In Testimony Whereof I have hereunto set my hand anq affixed the
seal of said County and Court ~n this .r02fJ?-V::.. day of ...~~~.., 20 .0.7.
CLERK Q.!~.1..~.'!:I...a:..4.!:~~..~.~...~..
12-0245p.Ol/07kd
NYSBA PRACTICE FORMS 3/03
r
,
RET035
3
"
.
.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
.
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 14, 2006
Jennifer B. Gould, Esq,
P,O. Box 177
Greenport, NY 11944
Re: Lot Line Change for the properties of Richard and Susan Ward
The properties are located on the slslo Old North Road, approximately 1,380 feet
west of North Road in Southold.
SCTM#1000-55-2-5.2 & 5.3 Zoning Districts: A-C
Dear Ms. Gould:
The Southold Town Planning Board, at a meeting held on Monday, November 13, 2006,
adopted the following resolutions:
The public hearing was closed.
WHEREAS, this proposal is to reconfigure the lot lines and reduce the width of the right-
of-way on the subdivision map of Vito W. Amari where, following the lot line changes,
Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-of-way is
reduced to a 20'-wide common driveway to provide access to Lots 2 & 3; and
WHEREAS, on June 3, 2005, the applicant submitted an application for a Re-
Subdivision (Lot Line Change), including a survey prepared by John C. Ehlers, L.S.
dated August 3, 2005 and last revised on November 1, 2005; and
WHEREAS, the resulting lot line changes makes both lots non-conforming with respect
to lot area and lot width and the existing structure non-conforming with respect to the
side yard setback; and
WHEREAS, the Zoning Board of Appeals granted the necessary relief on August 29,
2006 (ZBA File # 5867); and
WHEREAS, as a condition of approval, the Zoning Board of Appeals is requiring that
the barn that currently exists on Lot 2 shall remain at the present location until such time
that a residence is established, at which time the barn must be made to conform to the
code; be it therefore
"
4
.
.
Richard & Susan Ward
Page Two
November 14, 2006
RESOLVED, the Southold Town Planning Board, acting under the State Environmental
Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, does an
uncoordinated review of this Unlisted Action. The Planning Board establishes itself as
lead agency, and as lead agency, makes a determination of non-significance and grants
a Negative Declaration; and be it further
RESOLVED, the Southold Town Planning Board grant conditional final approval on the
surveys prepared by John C. Ehlers, L.S. dated August 3, 2005 and last revised on
November 1, 2005, subject to the following conditions:
1. Submission of five (5) additional copies of the map.
2. Submission of a draft Declaration of Covenants and Restrictions containing the
following clauses:
a. The 50'-wide right-of-way shown on the approved subdivision map of Vito
W. Amari is reduced to a 20'-wide common driveway over Lot 2.
b. Lots 2 & 3 on the subdivision map of Vito W. Amari shall have right of
access over the common driveway on Lot 2, as amended by the approved
lot line change.
c. The barn that currently exists on Lot 2 shall remain at the present location
until such time that a residence is established, at which time the barn must
be made to conform to the Town Code.
3. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to
the lot line change and, upon filing, submission of a copy to this office.
Enclosed is a copy of the Negative Declaration for your records.
The conditions must be met within six (6) months of the resolution unless an extension
of time is requested by the applicant and granted by the Planning Board. Upon
fulfillment of the conditions, the Planning Board will issue final approval and authorize
the Chairperson to endorse the final surveys.
Very truly yours,
~.dw~Lh~
Jerilyn B. Woodhouse
Chairperson
Ene.
'"
;
PLANNING BOARD MEMBEtt
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
.
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
November 13, 2006
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Richard and Susan Ward Lot Line Change
SCTM#: 1000-55-2-5.2 & 5.3
Location: The property is located on the sIsto Old North Road, approximately
1,380 feet west of North Road in Southold.
SEQR Status:
Type I
Unlisted
( )
(X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action: Proposal is to reconfigure the lot lines and reduce the width of
the right-of-way on the subdivision map of Vito W. Amari where, following the lot line
change, Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-
of-way is reduced to a 20'-wide common driveway.
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed and it was
determined that no significant adverse effects to the environment were likely to occur
should the project be implemented as planned.
The determination was based upon the following:
,"
;
Richard & Susan wa.
Page Two
.vember 13, 2006
No substantial adverse change in existing air quality, ground or surface water quality or
quantity, traffic or noise levels, no substantial increase in solid waste production, potential
of erosion, flooding, leaching or drainage problems will occur as a result of this action.
This lot line change does not result in an increase in density and therefore in not expected
to have any significant environmental impacts.
No significant removal or destruction of large quantities of vegetation or fauna, no
substantial interference with the movement of any resident or migratory fish or wildlife
species, no significant impacts on a significant habitat area, no substantial adverse impacts
on a threatened or endangered species of animal or plant or the habitat of such a species,
and no other significant adverse impacts to natural resources will occur.
The proposed action is not in a material conflict with a community's current plans or
goals as officially approved or adopted. This proposal merely reconfigures two of the
lots on an approved three-lot subdivision. In addition, the 50'-wide right-of-way, which
is excessive by today's standards, will be reduced appropriately to a 20'-wide common
driveway.
The proposed action will not impair the character or quality of important historical,
archaeological, architectural, or aesthetic resources or of existing community or
neighborhood character.
No major change in the use of either the quantity or type of energy will occur.
No creation of a hazard to human health will occur.
The proposed action will not cause a substantial change in the use, or intensity of use,
of land including agricultural, open space or recreational resources, or in its capacity to
support existing uses.
Based upon such, no significant adverse impacts to the environment are expected to
occur should the project be implemented as planned.
For Further Information:
Contact Person: Anthony Trezza, Senior Planner
Address: South old Town Planning Board
Telephone Number: (631) 765-1938
.
.
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
4006 and 4400 Old North Road, Southold, New York
by placing the Town's official poster notice(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for seven days prior to the date of the
public hearing on November 13, 2006
XX~X*KKX*XYiXXXHRKX
Jennifer B. Gould, Esq.
Your Name (print) ~
Signatur~
PO Box 988, Southold, NY 11971
Address
1/- I~-Dr.,
~
-.l\\~J,L~~
Notary Public
MELANIE DDRDSKI
NOTARY PUBLIC, State of New YoIlI
No, 01004634B70
Qualified in Suffolk County "'D \ 0
Commission Expires September 30. ~
,
PLEASE RETURN THIS AFFIDA VIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Thurs., 11/9/06
****************************************************************************************************
Re: Proposed Lot Line ChanQe for Richard & Susan Ward
SCTM#: 1000-55.2.5.2 & 5.3
Date of Hearing: Mondav. November 13. 2006. 6:15 p.m.
(
P~ANNING BOARD OF.I TOWN OF SOUTHOLD
ST ATE OF NEW YORK:COUNTY OF SUFFOLK
--------------------------------------------------------------){
IN THE MATTER OF THE APPLICATION OF
.
AFFIDAVIT OF MAILINGS
RICHARD G. WARD AND SUSAN C. WARD
CTM PARCELS #55-2-5.2 AND 5.3
-------------------------------------------------------------){
COUNTY OF SUFFOLK)
STATE OF NEW YORK) SS:
LINDA M. TONYES, residing at 1605 McCann Lane, Greenport, New York, being duIy
sworn, deposes and says:
On the 27th day of October, 2006, I personally mailed at the United States Post Office in
Greenport, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of
the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the
current assessment roll verified from the official records on file with the Assessors, for every
property which abuts and is across a public or private street, or vehicuIar right of way of record
surrounding the applicant's property.
Sworn to before me with
~11"'day of October, 2006
~ JENlllFER B. GOULD
llotBry Public, StaIB of New Yolt
~ Mo. 02G05024640-Suffolk Countr
No blic Commissioa Expires Ila~ 14.20 lJ)
PLEASE list on the back of this Affidavit or on a sheet of paper the lot numbers ne){t to the owners
names and addresses for which notices were mailed. Thank you.
-,
.
.
SCTM 1000-51-3-2.4
James H. Duffy and Mary Ann Duffy
150 Mount Beulah Avenue
Southold, NY 11971
SCTM 1000-55-2-8.8
Joseph Campisi
PO Box 164
Southold, NY 11971
SCTM 1000-51-3-3.2
Kevin M. Shannon
Katherine A. Shannon
PO Box 548
Southold, NY 11971
SCTM 1000-55-2-3
Frank 1. Lawrence
Patricia Lawrence
3950 Old North Road
Southold, NY 11971
SCTM 1000-55-2-4.1
Michael J. Horne
3998 Old North Road
Southold, NY 11971
SCTM 1000-55-2-5.1
John 1. Verity
Kira R. Verity
4004 Old North Road
Southold, NY 11971
SCTM 1000-55-2-8.4
Joseph Manduca
Nancy Manduca
4710 Old North Road
Southold, NY 11971
SCTM 1000-55-2-4.2
Patel Harilal
4002 Old North Road
Southold, NY 11971
SCTM 1000-55-2-6
Joseph G. Nitzberg
151 West 21st Street, Apt. #3
New York, NY 10011
~ywe(~
wac" ~ur~L-
SCTM 1000-55-2-8.6
Robert A. Grigonis
4406 Old North Road
Southold, NY 11971
. -,
.
.
Southold Town Planninq Board
Notice to Adiacent Property Owners
You are hereby given notice:
1. That the undersigned has applied to the Planning Board of the Town of
Southold for a lot line change;
2. That the property which is the subject of the application is located adjacent to
your property and is described as follows: SCTM#'s1000-55-2-5.2 & 5.3;
3. That the property which is the subject of this application is located in the
Agricultural-Conservation District A-C Zone;
4. That this proposal is to reconfigure the lot lines and reduce the width of the right-
of-way on the subdivision map of Vito W. Amari where, following the lot line
change, Lot 1 equals 48,519 s.f., Lot 2 equal 42,262 s.f. and the right-of-way is
reduced to a 20'-wide common driveway. The property is located on the sIsto
Old North Road, approximately 1,380 feet w/o North Road in Southold;
5. That the files pertaining to this application are open for your information during
normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North
Fork Bank). Or, if you have any questions, you can call the Planning Board
Office at (631) 765-1938;
6. That a public hearing will be held on the matter by the Planning Board on
Mondav. November 13. 2006 at 6:15 p.m. in the Meetinq Hall at Southold
Town Hall, Main Road, Southold; that a notice of such hearing will be published
at least five days prior to the date of such hearing in the Suffolk Times,
published in the Town of Southold; that you or your representative have the right
to appear and be heard at such hearing.
Petitioner/Owner Name: Richard & Susan Ward
Date: 10/26/06
SENDER: COMPLFTE THIS SECT/ON
. Complete items 1, 2, and 3. Also complete
~em 4 ~ Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mall piece,
or on the front jf space permits.
1. Article Addressed to:
Frank J. Lawrence
Patricia Lawrence
3950 Old North Road
Southold, NY 11971
2. Article Number
(Transfer from _leba.
PS Form 3811 , February 2004
3. Service Type
>Ill Certified Mall 0 Exp.... Mall
o Registered 0 Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricled Delivery? (Ednl Fee) 0 Yes
7006 0810 0003 6881 5386
Domestic Return Receipt
102595-02-M-1540
U.S. Postal Service .
CERTIFIED MAIL, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Po_ $
rn
c
CJ Return Receipt Fee
o (Endorsement ReqUired)
c::J Restricted Delivery Fee
M (Endorsement Required)
..,
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Certified Fee
Total Postage & Fees $
. Complete ~ems 1, 2, and 3. Also complete
~em 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
USE
0'14'1
03._
HeI8
Patel Harilal
4002 Old North Road
Southold, NY 11971
10127/2006
.Jl
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or PO Box No.
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PS Form 3800 June 2002 See Reverse for Instructions
2. Article Number
(Transfer from SE
PS Form 3811, February 2004
U.S. Postal Service",.
CERTIFIED MAIL" RECEIPT
{Domestic Mail Only; No Insurance Coverage provided}
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Postage $ S8.10 0'14'1
Certified Fee t2.~ 03._""
Return Receipt Fee $1.85 HeI8
(Endorsement Required)
Restricted Delivery Fee $0.00
(Endorsement Required)
Total postage & Fees $ $12.35 10127/2006
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PS Form 3800 June 2002 See Reverse for Instructions
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B. Received by (PrInted Name)
D. Is delivery address different from Item 11 D Yes
If YES, enter delivery address below: D No
3. Service Type
J<IllIlCertlfied Mall 0 Exp.... Mall
D Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Ednl Fee) 0 Yes
7006 0810 0003 6881 5409
Domestic Return Receipt
102S9S..()2-M.1540
SENDER: COIlf'LETE THIS SH 'I, >'.
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. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallpiece,
or on the front W space pann~.
1. Article Addressed to:
Michael J. Horne
3998 Old NOrth Road
Southold, NY 11971
o Agent
C. Date of Delivery ,
o Yes
o No
2. Article Number
(rransrer from servfce label)
PS Fonn 3811, February 2004
3. Selvlce Type -<
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o Registered 0
o Insured Mall 0 C.O.D.
4. Restr1cled Delive1'y? (Extnl Fee)
7006 0100 0006 3516 3462
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City, State, ZIP>' Southold, NY 11971
PS Form 3800 June 2002 See Reverse for InstructIOns
SENDER' COMPLETE THIS SECTION
. Complete ~ems 1, 2, end 3. Also complete
~em 4 W Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. ArtIcle Ack:Iressed to:
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Kevin M. Shannon
Katherine A. Shannon
PO Box 548
Southold, NY 11971
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2. Article Number
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PS Fonn 3811, February 2004
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C. Date of Delivery .
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7006 0100 0006 3516 3455
Domestic Return Receipt
102595-()2.M-1540
. Complete nems 1, 2, and 3. Also complete
nem 4 if Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. ArtIcle Addressed to:
o Agent
o Addressee
C. Date of Delivery
Robert A. Grigonis
4406 Old North Road
Southold, NY 11971
3. Service l\'Pll
iii Certified Mall 0
o Registered 0 Retum RoceIpt for Marohandl..
o Insured Mall 0 C.O.D.
4. Restncted Delivery? (Extra Fee) 0 Yes
2. Article Number 7006 0810 0003 6881 5430
(Trsmfer from service
: PS Fonn 3811, February 2004 Domestic Retum Receipt
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102~-M-1540
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
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10/2712006
. Complete nems 1, 2, and 3. Also complete
nem 4 If Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailplece,
or on the front if space permns.
1. Article Addressed to:
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Poslag. $ SO.J9 0944
ConlfiedFee $2.40
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(Endo<8ement !le<jul""') SI.85 "_
Restricted Delivery Fee
(Endorsement Required) $0.00
Total Postage & Fees $ $4.64 10/2712006
Joseph Campisi
PO Box 164
Southold, NY 11971
2. Article Number
(Trsmfer from service lab6/)
PS Form 3811, February 2004
PS Form 3800 Jun~ 2002 See Reverse for InslrUctlon~
o Agent
o Addressee
Delivery
3. Service Type
x>lll Cenlfied Mall 0 Express Mall
o Registered 0 Retum Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7006 0810 0003 6881 5423
Domestic Return ReceIpt
10259&-Q2-M-1540
SENDER: COMPLETE THIS SECTION
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CERTIFIED MAIL. RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
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- $ *-39 09It4
Certified Fee $2./iO 03
Retum Receipt Fee Postmarl<
(Endorsement Required) $1.85 He...
Rastrlcted Delivery Fee to.OO
(Endorsement Required)
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"em 4 W Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you. . '
. Attach this card to the back of the maJiplece,
or on the front if space permtts.
1. Article Addreesed to:
Joseph Manduca
Nancy Manduca
4710 Old North Road
Southold, NY 11971
2. Article Number
(Transf8rti'om-1abeI)
. PS Form 3811, FebrUery 2004
I.
7006
3. ServIce Type
xllDcertffied Mall
Cl Registered
Cllnswed Mell Cl C.O.D.
4. Reetrtcted DelIve1y'l (Eictre Fee)
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102595-02-M-1540
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4. Restricted DelIve1y'l (Eictre Fee)
7006 0810 0003 6881 5416
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. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the meilplece,
or on the front if space permits.
1. Article Addressed to:
SENDER' COMPLETE THIS SECT/or.
,-
sQdi If=tW~1 A l USE
PosIage $ $0.39 09It4
Certified Fee $2./iO 03
-
Retum Receipt Fee -
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Restricted Delivery Fee to "
(Endorsement ReqUired)
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James H. Duffy
Mary Ann Duffy
150 Mount ,Beulah Avenue
Southold, NY 11971
2. Article Number
(Tran- from servfce IaJ
PS Form 3811, February 2004
Domestic Return Receipt
102595-02-M-1540
PS Form 3800 JUlle 2002 See Reverse for Instructions
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......___.jVc....................___.___.______.m.....___.___.._____...__._________-
",";;::"';'; 151 West 21st St.. 113
cilji,s;a;e:Z1P+4........N.~;..y.~~k.:...NY.....io.oli..-.......-.....-.
PS Form 3800 June 2002 See Reverse for Instructions
.
LEGAL NOTICE
Notice of PubHc Hearing
NOTICE IS HEREBY GIVEN that,
pursuant to Section 276 of the Town
Law and Article XXV of the Code of the
Town of Southold, a public hearing will
be held by the Southold Town Planning
Board, at the Town Hall, Main Road,
Southold, New York on the 13th day of
, November, 2006 aD the question of the
following:
6:00 p.m. Proposed standard subdi-
vision for Bennett Brokaw, located on
the sls/o Bergen Avenue approximately
1,299' w/o Cox Neck Road in Mattituck,
Town of Southold, County of Suffolk,
.
State of New York. Suffolk County Tax
MapNumberl()()(}-113-7-1.1.
6:05 p.m. Proposed standard subdivi-
sion for Old Orchard at Cutchogue, lo-
cated on the n/w corner of New Suffolk'
Road and Cedars Road in Cutchogue, I
Town of Southold, County of Suffolk, I
State of New York. Suffolk County Tax I
Map Number 1000-109-6-9.1.
6:10 p.rn. Proposed amended site plan!
for North Fork Custom Audio Video, 10- 'I'
cated on the nlslo New York State Road
25 approximately 4,755' elo Aldrich!
Lane in Mattituck, Town of Southold,!
County of Suffolk, State of New York.!
: Suffolk County Tax Map Number 1000-
1125-1-19.7.
I 6:15 p.m. Proposed lot line change
for Richard & Susan Ward, located on
the slsJo Old North Road,approximately
11,380 feet wlo North Road in Southold,
Town of Southold, County of Suffolk,
State of New York. Suffolk County Tax
iMap Numbers 1000-55-2-5.2 & 5.3.
i 6:20 p.m. Proposed standard subdi-
'vision for Southview Preserve, located
Ion the s/s/o Main Bayview Road, ap-
'proximately 900' elo Cedar Drive in
Southold, Town of Southold, County
of Suffolk, State of New York. Suffolk
County Tax Map Numbers 87-5-21.4,87-
5-21.7-21.10.
6:25 p.m. Proposed conservation sub-
division for Orchard Street Farm, located
, on the nJw comer of King Street and Old
Farm Road and the s/s/o Orchard Street
in Orient, Town of Southold, County
of Suffolk, State of New York. Suffolk
County Tax Map Number 25.-4-11.8.
6:30 p.rn. Proposed amended site
plan for CutchoguelNew Suffolk Free
Library, located on the s/e comer of New
York State Route 25 and Case's Lane in
Cutchogue, Town of Southold, County
of Suffolk, State of New York. Suffolk
County Thx Map Number 109-6~2.2.
Dated: 10/31/06
BY ORDER OFTHE SOUTHOLD
TOWN PLANNING BOARD
JerHyn B. Woodhouse
Chairperson
8O~9-1T 11/2
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PLANNING BOARD MEMBE~
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
.
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 25, 2006
Jennifer B. Gould, Esq.
P.O. Box 177
Greenport, NY 11944
Re: Richard and Susan Ward Lot Line Chanqe
SCTM#1 000-55-2-5.2 & 5.3
Dear Ms. Gould:
The final public hearing regarding the maps for the above-referenced lot line
modification has been scheduled for Monday, November 13, 2006, at 6:15 p.m.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in
regard to the Town's notification procedure. The notification form is enclosed for
your use. The sign and the post will need to be picked up at the Planning Board
Office, Southold Town Hall. Please return the enclosed Affidavit of Posting
along with the certified mailing receipts AND the signed green return
receipt cards before 12:00 noon on Thursdav. November 9.2006. The sian
and the post need to be returned to the Planning Board Office after the
public hearing.
If you have any questions regarding the above, please contact this office.
!o4r
Anthony P. Trezza
Senior Planner
Encs.
"
.
.
Southold Town Plannina Board
Notice to Adiacent Property Owners
You are hereby given notice:
1. That the undersigned has applied to the Planning Board of the Town of
Southold for a lot line change;
2. That the property which is the subject of the application is located adjacent to
your property and is described as follows: SCTM#'s1000-55-2-5.2 & 5.3;
3. That the property which is the subject of this application is located in the
Agricultural-Conservation District A-C Zone;
4. That this proposal is to reconfigure the lot lines and reduce the width of the right-
of-way on the subdivision map of Vito W. Amari where, following the lot line
change, Lot 1 equals 48,519 s.f., Lot 2 equal 42,262 s.f. and the right-of-way is
reduced to a 20'-wide common driveway. The property is located on the slslo
Old North Road, approximately 1,380 feet wlo North Road in Southold;
5. That the files pertaining to this application are open for your information during
normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North
Fork Bank). Or, if you have any questions, you can call the Planning Board
Office at (631) 765-1938;
6. That a public hearing will be held on the matter by the Planning Board on
Mondav. November 13. 2006 at 6:15 p.m. in the Meetina Hall at Southold
Town Hall, Main Road, Southold; that a notice of such hearing will be published
at least five days prior to the date of such hearing in the Suffolk Times,
published in the Town of Southold; that you or your representative have the right
to appear and be heard at such hearing.
Petitioner/Owner Name: Richard & Susan Ward
Date: 10/26/06
'.
.
.
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
by placing the Town's official poster notice(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for seven days prior to the date of the
public hearing on
I have sent notices, by certified mail - return receipt, the receipts and green
return receipt cards of which are attached, to the owners of record of every
property which abuts and every property which is across on
Your Name (print)
Signature
Address
Date
Notary Public
PLEASE RETURN THIS AFFIDA VIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Thurs.. 11/9/06
****************************************************************************************************
Re: Proposed Lot Line Chanae for Richard & Susan Ward
SCTM#: 1000-55-2-5.2 & 5.3
Date of Hearing: Mondav. November 13. 2006. 6:15 p.m.
RICHARD AND SUSAN WARD
LOT LINE CHANGE
.
1 000-55-2-5.2 & 5.3
Proposal is to reconfigure the lot lines where Lot 1 equals
48,519 square feet, Lot 2 equal 42,262 square feet and the
right-of-way is reduced to a 20'-wide common driveway.
.
MONDAY, NOVEMBER 13, 2006 - 6:15 P.M.
''''
,
,
Page 2 - June 8, 2006 iIIII/J..
ZB File No. 5867 - R. and S. Ward .
elM Parcels 55-2-5.2, 55-2-4.3
.
1. Grant of the relief requested will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the lot line change the applicant is
requesting will not result in anymore density than is already allowed under the zoning code.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance because both lots are existing and already non-
conforming in an Agricultural-Conservation Zone District.
3. The relief requested is not substantial. No increase of nonconforming lots are being created by
this lot line change.
4. The difficulty has been self-created.
5. No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the
neighborhood.
6. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of altered lot sizes with a lot line change, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the
community. .
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by
Member Weisman, and duly carried, to
Grant the area variances pertaining to the requested lot line change, as applied for and
subject to the following Condition:
That the bam that currentlv exists on Lot 2 shall remain at the present location until
such time that a residence in established. at which time the bam must be made to
conform to the code.
Any deviation from the variance given such as extensions, or demolitions which are not shown on
the applicant's diagrams or survey site maps, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any
current or future use, setback or other feature of the subject property that may violate the Zoning
Code, other than such uses, setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon, and Weisman. This
Resolution was duly adopted (5-0).
O..,.m . ()J . (\)~ ~~
Ruth D. Oliva 8/;Ff /06
Approved for Filing
)
~
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
.
~/
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Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
M
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
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FINDINGS, DELIBERATIONS AND DETERMINATIO
MEETING OF JUNE 8, 2006
."
ZB File No. 5867 - RICHARD G. and SUSAN C. WARD
Property Location: 4006 Old North Road, Southold
~>,.,.,._..,...."....
SEQRA DETERMINATION: The Zoning Board of Appea s as visUelf:"'ffie property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, as submitted, without further SEQRA steps.
BASIS OF APPLICATION: Zoning Code Section 100-32 (ref. Section 100-244 Bulk Schedule),
based on the Building Inspector's July 5, 2005 Notice of Disapproval, amended March 2, 2006, for
lot sizes and side yard setback of the existing dwelling resulting from a proposed change of lot lines
(re-division of existing Lots 1 and 2). Each lot will remain nonconforming with less than 80,000
square feet of land area and less than 175 feet of lot width, and the side yard will be less than 20
feet from the existing dwelling from the revised lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which
time written and oral evidence were presented. Based upon all testimony, documentation, personal
inspection of the property, and other evidence, the Zoning Board finds the following facts to be true
and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicants request variances related to a change of
lot lines between two parcels. The area of Lot 1 before the lot line change is 50,523 square feet,
and the applicants propose 48,519 square feet. The area of Lot 2 before the lot line change is
48,519 square feet, and the applicants proposed 42,162 square feet. The lot sizes in the
Agricultural-Conservation Zone District are required to be a minimum of 80,000 square feet. With
the change of lot line for the existing parcels, the side yard setback for the dwelling on Lot 1 will
become nonconforming at 15 feet instead of the code-required 20 feet. The lot width for Lot 2 will
measure 112.13 feet along Old North Road, instead of the code required 175 feet.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
.
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE WCAll0N:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Ruth Oliva, Chairperson
Zoning Board of Appeals
From: Jerilyn B. Woodhouse, Chairperson
Planning Board
Date: April 19, 2006
Re: Request for comments on Richard and Susan Ward
SC1M# 1000-55-2-5.2 & 5.3
ZBA Application # 5867
In response to your request for comments, the Planning Board reviewed the Zoning Board of
Appeals application for the above referenced property and offers the following comments and/or
recommendations at this time.
The proposed action involves reconfiguring two lots in a three-lot subdivision approved by the
Southold Town Planning Board on March 12, 1975 (Map of Vito W. Amari). The new lot
configuration makes Lots I and 2 nonconforming with respect to lot area and lot width, and
results in an insufficient side yard setback of 15.2' for the existing residence. Accordingly, the
property owner is seeking relief from the Zoning Board of Appeals.
While the lot area variances being sought are substantial, the Planning Board has no objections to
this application as there is no proposed change in density. In addition, the resulting lot
configuration allows for more sensible building envelopes with a 2nd lot having direct road
frontage along Old North Road. This proposal also eliminates the 50' wide right-of-way and
replaces it with a 20' -wide common driveway, which is more than sufficient to serve two lots. In
making a determination, the ZBA should consider the following:
I. The new lot configuration results in the existing barn being located on a parcel that is
not improved with a primary structure. It is the Planning Board's understanding that
the barn is to be removed. If this is the case, the Planning Board will condition their
approval of the lot line change on the removal of the barn. If the barn is to remain,
the ZBA should get an interpretation from the Building Department as to whether
additional relief will be required.
If you have any questions or need additional information, please feel free to contact this office.
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
TOWN MEMO
TO:
".--
Planning Board
,
i
FROM:
Ruth D. Oliva, ZBA Chairwoman
DATE:
\
\.\
March 30, 2006
SUBJECT: Request for Comments
It Vb
Mailing Address: V\(f
Southold Town Hall 41'
53095 Main Road. P.O. Box 1179 z.:;:::
Southold, NY 11971-0959 ..J I
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
~
'~~r.".'-';-' ,:'J~Lr:;~,~
Our Department has received and is reviewing the ~ation, and enclose
copies of the Building Department's Notice of Disapproval, and application with the
applicant's latest map. The Planning Board is involved under the site plan review steps
under Chapter 100 (Zoning), and your review and comments are requested at this time
concerning the lot line change in the AC Zone.
The file is available for review of additional documentation at your convenience.
NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER
ZONE DATE DATE
STAMPED
Ward, 55.-2-5.2 5867 3/2/06 Lot line change 11/01/05 John C.
Richard & and 5.3/ Ehlers Land
Susan AC Surveyor
Your comments are appreciated by 04/20/06, if possible.
Thank you.
Encls.
FORM NO.3
.r8~ 7
.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: Julv 5. 2005
AMENDED: July 26, 2005
RENEWED: December 2, 2005
RENEWED/AMENDED: March 2, 2006
TO: Jennifer Gould NC Ward
PO Box 177
Greenport, NY 11944
Please take notice that your application dated Julv 5. 2005
For a permit for a lot line change at
Location of property 4006 Old North Road. Southold. NY
County Tax Map No. 1000 - Section 55
Block.1
Lot 5.2 & 5.3
Is returned herewith and disapproved on the following grounds:
The proposed lot line change is not permitted pursuant to Article III. Section 100-32. which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the AC. R-80. R-120. R-200 and R-400 Districts unless the same conforms to the
reQuirements of the Bulk Schedule and of the Parking Schedule. with the same force and effect
as if such regulations were set forth herein full."
The minimum lot width reQuired in the Residential AC District. according to the bulk schedule. is 175
feet. and a total lot size of 80.000 SQuare feet. Following the proposed lot line change. both lots will
measure +/- 112 feet in width at their smallest point and 48.522 SQuare feet and 42.160 SQuare feet
respectivelv.
In addition. the proposed lot line chane:e will result in an insufficient side yard setback pursuant
to bulk schedule. which states that such parcels reQuire a sine:le side yard setback of 20 feet.
Followine: the proposed lot line chane:e. the existine: dwelline: will have a sine:le side yard setback
of 15.2 feet.
Although the survey shows only one tax map number for the property. a subdivision has been
approved for the parcel and is shown as lot I and lot 2.
This Notice of Disapproval was amended on Julv 26. 2005 to correct errors and make clarifications.
~71-~.
.
.
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department.
cc: file, Z.B.A.
"
.
.
I ,:'
APPLICA nON TO THE SOUTHOLD TOWN BOARD OF APPEALS
Fee: $
Filed By:
For Office Use Ollly
\- Date Assigned/Assignment No.
Office Notes:
4006 & 4400
Parcel Location: House No. Street Old North Rd. Hamlet Southold
40,158-5.2; 50,523 sf-5.3
SCTMIOOO Sectioll~B1ocl<~Lot(s)5.2&5'Bot Size Zone District AC /
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: December 2, 2005 renewed and updated March 2, 2006
Applicallt/Owuer(s): Richard G. Ward (lot 5.2); Susan C. Ward (lot 5.3)
, 'Richard G. Ward, 1500 Lakeland Ave., Bohemia, NY 11716
Mailing Susan C. Ward, 4400 Old North Rd., Southold, NY 11971
Address:
Telephod@'l 631-563-4800; sew 631-765-2326
NOTE: If appllcallt is lIot the owner, state if applicant Is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative: not applicable
Address:
Telephone:
Please specify who you wish correspondence tb be mailed to, from the above listed Ilam,es:
XJKApplicant/Owner(s) D Authorized Representative D Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
D Buiiding Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
III
Other: Pprmi t- for lot ] i ne chanae
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance hy numbers. Do not quote the code.
Article III Section 100-32 Subsection lot size & width and side yard
setback of existmg dwelling (lot 5.3) proposed lot 1 on attached survey will be 15.2
Type of Appeal. An Appeal is made for: feet,rather than code requirement of 20 feet..
Q A Variance to the Zoning Code or Zoning Map.
D A Variance due to lack of access required by New York Town Law-Section 2BO-A.
D Interpretation of the Town Code, Article Section
D Reversal or Other
A prior appeal D has ~ has not been made with respect to this properly UNDER Appeal
No. _Year .
"
/
.-
Vari~apPlication of Richard G. wa4susan C. Ward continued
Page 2 013 . Appeal Application
Part A: AREA VARIANCE REASONS (altach extra sheet as needed):
(1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a
detriment to nearby properties, if granted, because: the proposed lot line ~ge is not
creating an additional lot rather it will preserve the present landscapJ.n~1 lawn and
existing line of trees on ~ropoSed lot 1 (Susan Ward) lot. It will also rnai"tain the
(, ) ,
(2) The benefit sought by the applicant CANNOT be achieved by some method feasifJ'reEfor the
applicant to pursue, other than an area variance, because: these lots were created in 1975
when the property was zoned one acre. See attached sul:xlivision map of Vito Amari
approved 3/12/1975 by the Southold Town Planning Board. The purpose of this application
(3) The amount of relief requested is not substa~tial because: it is not creating any (over)
additional building lots; and it will increase the proposed lot 2 (Richard Ward lot)
from 40,158 sf to 42, 162 sf, making it more conforming.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions In the neighborhood or district because: it will preserve existing natural wood
barriers and existing landscaping. It will maintain the open view scape of Susan Ward's ,
(5) Has fhe variance been self. created? ( ) Yes, or (x) No. If not, is the cdnstructlonlolit'V')
existing, as built? ( ) Yes, or ( ) No. This existing 3 lot minor sul:xlivision was
' 0 re.d by the Southald Planning Board in 1975. All 3 lots ~e one acre in size or larger.
.~f~~ditlonallnformatlon about the surrounding topography and building areas that relate to
the difficulty in meellng the code requirements: (attach extra sheet as needed)
In 'Oase aet-e that: too ~~<;'O"9'-'ry h.orn em prnpo~ ] at 2 will be rerroved at the
H ~ a "nil r'li ng p"nni t i" 'i "sued. The Town Code allows a barn to stand alone in an
)Ie' 7.onA -see Section 100-31 (a).
This is the MINIMUM that is necessary and adequate, and at the same lime preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PA
STANDARDS. (Please consult your attorne
notarv area below.
Sworn to before me this 10+.... -1- ,;l312 ct
~a of HJm/9~;t.Y1" 200~.
F~d ~.tL (sew)
( tary Public)
am B. GOUlD
......., Pu502b1ic. Stall of N. M
II. otGo 02(640-SuffoIk CounIJ
C-"lalal EIpiqa Mm 14, 20 · ~
-
Signature of Appellant or Authorized Agent
(Agent must submit Authorization from Owner)
Richard G ard
ZBA App 9130102
&tu~ ~
KARIN l STALTER
NollIry Public. Stllte of New Yortc
No. 4973548 '
Qualified in Suffolk County
Commission Elcpires OctOber 22, _ 'Z.co<:.
( R.1Av )_
/
.
.
1. cont'd. natural wood barrier that exists at the rear of each proposed lot. See
survey by Peconic Surveyoers last dated JUne 29, 2004 for location of woods at
the rear of the proposed lots. These woods also provide a privacy barrier for
adjacent neighbors.
2. is to create a building envelope on the proposed lot 2 (Richard WArd lot)
which will least impact the existing dwellings on lot 5.1 (Verity lot)
and lot 5.3 (Susan ward lot) and the two residences immediately west of the
"Ward" (formerly known as Amari property) properties.
4. existing dwelling viewing it from the Old North Road. There will be no additional
=b cut from the Old North Road to the proposed lot 2 (Richard ward lot)
since access to proposed lot 2 will be from a proposed 20 foot COIlIIIOn driveway.
The proposed 20 foot camnon driveway constitutes a reduction of the 50 foot
right of way that presently provides access for lots 5,1 and 5.2 to the Old
North Road. By reducing the size of the present right of way and reconfiguring
the dimensions of the proposed lot 2 (Richard WArd lot) , more open space
will be preserved and the eventual developnent of Richard ward's lot 2 willhave less impact on the immediate neighbors and overall neighborhood.
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Submission Without a Cover Letter
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WA-{""'d
SCTM#: 1000- S~-d. - S:a ... S. ~
Date: 3/3 \ D\,o
Comments: Co ~ of
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RICHARD G. WARD
1500 Lakeland Avenue
Bohemia, NY 11716
631-563-4800
.
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(I r-' February 28, 20dJ)1 '
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RE: Richard G. Ward (RGW) and Susan G. Ward (SGW) Area Variance ADDlication-~~'~:~~'::.,j,.
'. ...:""'-.,~~,""'- '-..-. '-~'.'. -..... ...
reQUired for Lot Line Change ,,_~,~ ..,.." ,.._. .
Premises: 4006 (RGW) & 4400 (SCW) Old North Road, Southold, NY 11971
SCTM#'s 1000-55-2-5.2 (vacant lot - RGW) & 5.3 (single family dwelling - SGW)
Southold Town Board of Appeals
PO Box 1179
Southold, NY 11971
Dear Members of the Board:
In connection with the above-referenced application, enclosed please find my check in
the amount of$600.00, payable to the Southold Town Clerk, along with the original and
six (6) copies of the following documents:
. ,
1. Application for Area Variance with Project Description & Transactional
disclosure forms (2);
2. Notice of Disapproval dated 7/5/05; amended 7/26/05;and renewed 12/2/05;
facsimile from Anthony Trezza, Senior Planner, dated 7/26/2005 regarding Ward
Lot Line Change; letter to Planning Board dated 7/13/05; and Southold Town
Building Permit Application dated 6/23/05;
3. Southold Town Property Cards for SCTM #'s 1000-55-2-~ & 5.3:
4. Survey for Lot Line Change Prepared by John C. Ehlers Land Surveyor dated
8/3/05 and last revised 11/01/05;
5. Survey for Lot Line Change Prepared by John T. Metzger dated 11/30/98 last
revised 6/29/2004 for lot line change-depicts tree lines and edge of woods on
premises; and
6. Subdivision Map of Land made for Vito W. Amari approved by John Wickham,
Planning Board Chairman, dated 3/12/75.
., ',.....,.
Should you require any further information, prior to scheduling a hearip,g.2lt1hr-,,:-' - ,
application, please do not hesitate to contact me. . ~ . ''1'
~~ \ \)~~~,\
Richard G, Ward '\tt>-\\ - '
Enclosure
cc: Anthony Trezza, Senior Planner
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APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Fee; $
Filed By:
For Office Use Dilly
Date Assigned/Assignment No.
Office Notes:
4006 & 4400
Parcel Location: House No, Street Old North Rd. Hamlet Southold
40,158-5.2; 50,523 sf-5.3
SCTM 1000 Sectioll~B1ock~Lot(s)5.2&5.Bot Size Zone District AC /
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: December 2, 2005 renewed and updated March 2, 2006
A ]. t/O () Richard G. Ward (lot 5.2); Susan C. Ward (lot 5.3)
PP lean wuer s :
. . Richard G. Ward, 1500 Lakeland Ave., Bohemia, NY 11716
Mailing Susan C. Ward, 4400 Old North Rd., Southold, NY 11971
Address:
Telepho~ 631-563-4800; sew 631-765-2326
NOTE: If 'ppIiWIl;' "ot th, ow"er, ,tal, if 'ppti<,,,' i,.ow"er" ,"or",y, "g'"~~!&b.,r<l&i.fi.iii~'''''riir<'~l''''.''' .......T
Authorized Representative: not apph.cable I'",: .
r- t',-",,,
Address:
Telephone:
Please specify who you wish correspondence to be mailed to, fro n th above dnaJU,Ur-J
kiK'\pplicant/Owner(s) 0 Authorized Representative ,0 ther: Soutti,i,' \'.."
, FI(;."'''''f. .11;:~ S
WHEREBY THE BUILDING INSPECTOR DENIED AN APPtICATIONDATED
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FOR: 'IL.:...___~._._
o Building Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Cbange of Use
o Permit for As-Built Construction
III
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Other: Pprm; I- for 101- 1 i ne cru.n~e
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article III Section 100-32 Subsection lot size & width and side yard
setback of exisbng dwelling (lot 5.3) proposed lot 1 on attached survey will be 15.2
Type of Appeal. An Appeal is made for: feet,rather than code requirement of 20 feet.
Q A Variance to the Zoning Code or Zoning Map,
o A Variance due to lack of access required by New York Town Law-Section 2S0-A.
o Interpretation of the Town Code, Article Section
o Reversal or Other
A prior appeal 0 has ~ has not been made with respect to this property UNDER Appeal
No. _Year x.
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variae application of Richard G. w1 Susan C. Ward continued
Page 2 ot 3 . Appeal Application
Parf A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change will not be produced in the CHARACTER of fhe neighborhood or a
detriment to nearby properties, if granted, because: the proposed lot line change is not
creating an additional lot rather it will preserve the present landscapin~l lawn and
existing line of trees on ~ropoSed lot 1 (Susan ward) lot. It will also llIaftain the
(2) The benefit sought by the applicant CANNOT be achieved by some method feasi~Y~%~ the'
applicant to pursue, other than an area variance, because: these lots were =eated in 1975
when the property was zoned one a=e. See attached subdivision map of Vito Amari
approved 3/12/1975 by the Southold Town Planning Board. The purpose of this application
(3) The amount of relief requested is not substantial because: it is not creating any (over)
additional building lots; and it will in=ease the proposed lot 2 (Richard Ward lot)
from 40,158 sf to 42, 162 sf, making it more conforming.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because: it will preserve existing natural wood
barriers and existing landscaping. It will maintain the open view scape of Susan Ward I 13 ,
(5) Has the variance been self. created? ( ) Yes, or (x) No. If not, is the cdnstrucflonlovtv)
existing, as built? ( ) Yes, or ( ) No. This existing 3 lot minor subdivision was
APP:r;Oyed by the Southold Planning Board in 1975. All 3 lots are one acre in size or larger.
'lO) Additional informallon about the surrounding topography and building areas that relate to
the difficulty in meeting the code requirements: (attach extra sheet as needed)
Please Rete tl:13t t;hQ ii\('('Q,>""'l' r",rn on prnpn"'E'!O 1 ot: 2 will be removed at the
t;= .. h,;ln;ng ppnn;r ;'" ';''',lled. The Town Code allows a barn to stand alone in an
Ar. Zone -see Section 100-31 (a). ,
This is the MINIMUM that is necessary and adequate, and at the same lime preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PA
STANDARDS. (Please consult your attorne
notarv area below.
Sworn to before me this 10+" 1- .;l312<l
~a of .F.fk>r."R~~.""., 2001>.
n_~ ~.tL (Sew)
( tary Public)
_!fER 8. 8OtII.D
....". Public, StIlI of New llIrt
.. 0tG05024&40-Suffolk eountr
c:o."illlal&piqa1laRll14. 20 · ~
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Signature of Appellant or Authorized Agent
(Agent must submit Authorizallon from Owner)
Richard G ard
ZBA App 9130101
Ifttu~ ~
KARIN L STALTER
Notary Public. State of N_ YorIc
No. 4973648 '
Quellfied in Suffolk County
Commission Expires October 22. _ wv(..
( R.fAll )_
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1. cont'd. natural wood barrier that exists at the rear of each proposed lot. See
survey by Peconic Surveyoers last dated JUne 29, 2004 for location of woods at
the rear of the proposed lots. These woods also provide a privacy barrier for
adjacent neighbors.
2. is to create a building envelope on the proposed lot 2 (Richard WArd lot)
which will least impact the existing dwellings on lot 5.1 (Verity lot)
and lot 5.3 (Susan ward lot) and the two residences imnediately west of the
"Ward" (formerly known as Amari property) properties.
4. existing dwelling viewing it from the Old North Road. There will be no additional
=b cut fran the Old North Road to the proposed lot 2 (Richard Ward lot)
since access to proposed lot 2 will be fran a proposed 20 foot carmon driveway.
The proposed 20 foot cexmon driveway constitutes a reduction of the 50 foot
right of way that presently provides access for lots 5,1 and 5.2 to the Old
North Road. By reducing the size of the present right of way and reconfiguring
the dimensions of the proposed lot 2 (Richard wArd lot) , !lOre open space
will be preserved and the eventual developnent of Richard Ward's lot 2 will
have less impact on the immediate neighbors and overall neighborhood.
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C l"."'" n e"",::~j.oI~~'"
6~.. '_. .... ....::..'... ..~""'"
.t. "' l ,~ "1'/Sr!lW'
tie, .',. ." -",:elf
U..l: ,~~!l. :.,i-':":, ".J,.--.,JW lIo.......:.t.>1'Ot.43
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PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s): Richard G. Ward & Susan C. Ward
Owners: O'.7ner~ v't"'o +-hQ, ::I[,r'l; ,....:::mh::::
I. If buildinl!: is existinl!: and alterations/additions/renovations are orooosed:
A. Please give the dimensions and overall square footage of extensions bevond existinl!: buildinl!::
Dimensions/size: not aoolicable as this is a variance for a lot line change
Square footage: to pre-existinq lots in an approved minor subdivision.
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend bevond the existinl!: building::
Dimensions/size:
Square footage:
If a sign is proposed, please: Not applicable
A. Give dimensions of existing sign with photograph or sketch with details.
B. Give dimensions of new sign.
C. Is the new sign replacing an existing sign? Yes _ No _' If so, please explain:
II. If/and is vacant: proposed building envelope is on the survey for lot 2 & confonns to
Please give dimensions and overall square footage of new construction:
Dimension/size: "9"'~ r"'l',iromont-" f'nr nnn_rvmf'n,..",ing ]nt-" ""'" s"r.tion 100-244 of the Code
Sq~ghare footage: !h..u vu luL 2 Lv be rc.uo.ea .men ooilaiFl"J FeEilit is iSG1,1eE1'.
Hel t:
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. III. Purpose and use of new construction requested in this application: 1>"....,..,7:~'r"t-inn of o"i "t-ing
Lot to alJ~~ ~~'t'" ~n9+-~',....+-;nn nr ~ ~ingl~ f~mily ~~l_~~
IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
= ]nt- ? moot-" ,,]] rYY'!" r"'<J!lirF>lT1Pnt" nf 100-244. Lot, 1 mee~l
;;;'1';:;:;:m"nt-" ""{"'Apt th;ot " "i ng] e side vard is 15.2 rather than required
~ ~ How",ver. pleflse note that canbined side Yards of lot 1 are 77 feet,
whpn m'!" onlv reouires ' canbined side yards of 40 feet. Lot 1 meets side
yard' requirements of R40 ,zone. HOUse was built when property zoned one acre.
V. Please submit seven (7) photos/5els amr staking corners of the proposed new construction.
7/02
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APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics orohibits conflicts of interest on the Dart of Town officers
and emolovees. The ournose of this form is to orovide information. which can alert the Town of
oossible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME: Richard G. Ward
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If "Other",
name the activity:
'"
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in' which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
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YES NO x
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of South old:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
SUbrm~' '. )...?:<G-.Q n n ~W'/ 2.00<-
Slgnatur . ...~_
PrimN=, -R,'".,~ ~. ",,<II
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APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics Drohibits conflicts of interest on the Dart of Town officers
and emDlovees. The DUJ1)ose of this form is to Drovide information. which can alert the Town of
Dossible conflicts of interest and allow it to take whatever action is necessarv to avoid same.
YOUR NAME: Susan C. Ward
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity,' such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If "Other",
name the activity:
JC
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
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YES NO x
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of South old:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted .
Signature'
Print e:
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: Julv 5.2005
AMENDED: July 26, 2005
RENEWED: December 2, 2005
RENEWED/AMENDED: Marcb 2, 2006
TO: Jennifer Gould AlC Ward
POBox 177
Greenport, NY 11944
Please take notice that your application dated Julv 5. 2005
For a permit for a lot line change at
Location of property 4006 Old North Road. Southold. NY
County Tax Map No. 1000 - Section 55
Block.l
Lot 5.2 & 5.3
Is returned herewith and disapproved on the following grounds:
The proposed lot line change is not permitted pursuant to Article III. Section 100-32. which states:
"No building. or premises shall be used and no building or part thereof shall be erected or
altered in the AC. R-80. R-120. R-200 and R-400 Districts unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule. with the same force and effect
as if such regulations were set forth herein ful1."
The minimum lot width required in the Residential AC District. according to the bulk schedule. is 175
feet. and a total lot size of 80.000 SQuare feet. Following the proposed lot line change. both lots will
measure +/- 112 feet in width at their smallest point and 48.522 SQuare feet and 42.160 SQuare feet
respectivelv.
In addition. the proposed lot line chanl!e will result in an iusufficient side vard setback pursuant
to bulk schedule. which states that such parcels reQuire a sinl!le side vard setback of 20 feet.
Followinl! the proposed lot line chanl!e. the existinl! dwellinl! will have a siul!le side vard setback
of 15.2 feet.
Although the survey shows onlv one tax map number for the property. a subdivision has been
approved for the parcel and is shown as lot I and lot 2.
This Notice of Disapproval was amended on Julv 26.2005 to correct errors and make clarifications.
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. Authorized Signature
Note to Applicant: Any change or deviation to the ahove referenced application may require
further review by the Southold Town Building Department.
cc: file, Z.B.A.
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
TO: Jennifer Gould AlC Ward
PO Box 177
Greenport, NY 11944
Please take notice that your application dated Julv 5. 2005
For a permit for a lot line change at
Location of property 4006 Old North Road. Southold: NY
County Tax Map No. 1000 - Section 55
Lot 5.2 & 5.3
Block.1
Is returned herewith and disapproved on the following grounds:
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DATE: Julv 5.2005
AMENDED: July 26, 2005
RENEWED: December 2, 2005
The proposed lot line change is not permitted pursuant to Article III. Section 100-32. which states:
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the AC. R-80. R-120. R-200 and R-400 Districts unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule. with the same force and effect
as if such regulations were set forth herein full."
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The minimum lot width required in the Residential R-80 District. according to the bulk schedule. is
175 feet. and a total lot size of 80.000 square feet. Following the proposed lot line' change. both lots
will measure +/- 112 feet in width at their smallest point and 48.522 square feet and 42.160 square
feet respectivelv.
In addition. the proposed lot line chanl!e will result in an insufficient side vard setback pursuant
to bulk schedule. which states that such parcels require a sinl!le side vard setback of 20 feet.
Followinl! the proposed lot line chanl!e. the existinl! dwellinl! will have a sinl!le side vard setback
of 15.2 feet.
Although the survey shows only one tax map number for the properlY. a subdivision has been
approved for the parcel and is shown as lot I and lot 2.
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26 2005 to correct errors and make clarifications.
Authorized Signature
8Ol.JTHJLD TllU-l f'I..I'Ho4l i'I3 BOARD
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FAX NO.
631 765 3136
Jul. 262005 11:34AM P1
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PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWA.RDS
lIlARnN H. SIDOR
GEORGE D. SOLOMON
MAlUNG ADDRESS:'
P.O. Box 1179
Southold. NY 11971
OFFlCE LOCATION:
Town Hall .....0...
54375 State Route 25
(co... Main Rd. '" YoUllll8 Ave.)
Southold. NY
Telephones Al '766-l9IlI
Fa::: 831 7111-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
FACSIMILE
To: Jennifer B. Gould. Esq.
From: Anthony Trezza, Sr. Planner
Date: July 26. 2005
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1.
2.
3.
4.
5.
6.
7.
Re: Ward Lot Un. Chanqe
1000-55-2-5.2 & 5.3
As per the Planning Board work session on July 25, 2005, the following map
changes are needed in order to proceed with the application for the above-
referenced properties:
Make clear the existing and proposed lot areas.
Label the access as a "20'oWide common driveway.
Show the third-lot that is part of the previously approved subdivision
(1000-55-2-5.1 ).
Use the non-conformlng setbacks of the Town Gode to show the
building envelopes for both lots.
The building envelope on lot 2 has two front yard setbacks (50' from
Old North Road and 50' from the easterly property line).
Indicate if the existing bam is to be removed or relocated.
Clarify the dimensions of the property lines along Old Main Road.
Please provide this office with eight copies of the revised map when completed.
You may then go back to the Building Department for a new Notice of
Disapproval. If you have any questions or need further assistance. please feel
free to contact this office.
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JENNIFER B. GOULD
Attorney at Law
210 Main Street. P.O. Box 177 . Creenport, New York 11944
Telephone 631-477-8607. Fax 631-477-2601
July 13, 2005
Jerilyn B. Woodhouse, Chairwoman
Southold Town Planning Board
53095 Main Road, PO Box 1179
Southold, NY 11971
RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision /Lot Line Modification
Premises: 4006 Old North Road and 4400 Old North Road. Southold. NY
(SCTM #'s 1000-55-2-5.2 & 5.3)
Dear Ms. Woodhouse:
Enclosed please find a copy of the notice of disapproval issued by the Southold Town Building
Department with respect to the above-referenced lot line change.
Please note that the barn is a permitted structure and use in an AC zone (see Section 100-31(a)
of the Southold Town Code). In addition, the Building Department has determined that a 20-foot
right of way is acceptable under the Southold Town Code (see Section 100-235 (C)) and the New
York State Fire Code, which requires a 20-foot wide road for fire truck access.
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It is the applicants' intent to proceed with a single area variance for lot width with the Board of
Appeals. If the Planning Board has any additional issues with the variance or the lot line
application as filed, please contact me as soon possible.
Very truly yours, ~
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Enclosure
cc: Richard G. Ward & Susan C. Ward
Zoning Board of Appeals
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: July 5. 2005
TO: Jennifer Gould NC Ward
POBox 177
Greenport, NY 11944
Please take notice that your application dated July 5. 2005
For a permit for a lot line change at
Location of property 4006 Old North Road. Southold. NY
County Tax Map No. 1000 - Section 55
Biock.1
Lot 5.2 &.~3
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Is returned herewith and disapproyed on the following grounds:
The proposed lot line change s not permitted pursuant to Article III. Section 100-32. which states:
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the AC. R-80. R-120. R-200 and R-400 Districts unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule. with the same force and effect
as if such regulations were set forth herein full."
"0 :The minimum lot width re uired i the Residential R-40 District accordin to the bulk schedule is
150 feet. Followin the ro osed lot . easure +/- 112 feet in width at their
smallest point.
Although the survey shows only one tax map number for the property. a subdivision has been
a roved r. reel' own as lot 1 and lot 2.
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department. '
cc: file, Z.B.A.
"'1"1
J!llI'N OF SOUTHOLD ..
BUILDING DEPARTMENII"
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. northfork.n.tJSoutholdl PERMIT NO.
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''lUILDING PE. APPLlCA TION CH~CKLlST
Do you have or need the followin& before applying?
Board ofHeallh '
4 sets oCBuilding Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail 10:
Examined
Approved
Disapproved ale
Expiration
. Phone:
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~-L-G~ l~ '~2~ '3;" 'iJ]~-'! fr[ :~APPLlCATION FOR BUILDING PERMIT ~ '
.Ill I 200S j -..I Dat.0u~ 2.3 .20~
I __ _.__ INSTRUCTIONS
L (,tlJ(: C;:Pj
.a-.nfi~\A~pll.alion~ mple'ely filled in by typewriler or in ink and submitled to dIe Building Insp.ctor with J
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be conunenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a pennit
shaH be kept on the premises available -Cor inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what-so ever unfil the Building Inspector
issues a Certificate of Occupancy.
[ Every building pennit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been compJeted within J 8 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extensJon of the permit for an
addition six months. Thereafter, a new pennit shall be required.
APPLICATION IS HEREBY MADE to the Building D.partment for the issuanc. of a Building P.rmit pursuant 10 d..
Building Zone Ordinance of.... Town of Sou"'old, Suffolk County, N.w York, and oth.r applicabl. Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premise~ and in building for necessary inspectionn
f'5.c tt i'1 rJ.. f;'.. LChro( b '1
~u~nOJn~co;tJ~~
~.80-t.171 ~
I .., 1_ "77 _ & '- (Mailing addr." ofapplicant)
f:7-=> '-f ",0, ~rE'l'V/f>?rl. ~'/ IIqLj-'1
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician; plumber or builder
applw,.....t '50
(ho~r- of PII'Wl,<;p'> ~ ar-rJ",./{>r-t-
Name of owner of premises e "(1-10~cI (}. LUa '-<L-
(As on the tax roll or Ialest deed)
If applicant is a corporation, signature of duly authorized officer I
(Name and title of corporate officer)
Builders Lic.nse No.
Plumb.rs Lic.nse No.
Electricians License No.
Other Trade's License No.
I. Locaiion ofland 0
House Number
Sou-Ho I cL.
Hamlet
Cnunty Tax Map No. 1000 Section 55'"
SubdivisionV..t-b W. Pw.nP;
(Name)
(,Of,::! ~f mClp alf,acl-1l7L
Block.2 Lot 5- i)...
Filed Map No. LOI
d.H"'4 1-~7tq7S CUtL
S"3>tOd b'j JOlvl W.'rtl.4lAArL.
("wOtfmo.0 <>f P(ar1YloA~ ~A,d ~-/'2.-lqi'\
...
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2, Slale existing use and oc!,CY of premises and inlended use and occupancy of proposed construction:
. a, Existing use and occupancy .J()I'lM1 IO>'l<L W,-tu... Pt"D-p.-)'::Drl /of I~
C/1rlll'J~- ~ a.HaC''''''d......s~ell<''-I . 'e Qo_
b. Inlended use and Occupancy o..,Njlq -fa'''' r1\'\)P"'~~ r.:;:j':'C>!:~)'()('~c/...
), Nature of work (cbeck which applicable): New Buildin~ Addition Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost Fee
(To be paid on filing this application)
< 5. If dwelling, number of dwelling units~Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy"speclfy nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height Number of Slorles
Rear
Dep'"
Dimensions of same structure wlthalleratlons or additions: Front Rear
Depth Height Number of Storles
8. Dimensions of entire new construction: Front see.. bu,' J ..1J Reaf thlel Ore- ' Depth
Height Number of Storles
9. Sizeoflol:Front-Lj'2.,13 I Rear~Deplh 27'5.72 'f 301.lS-2. I
to. Dale of Purchase Iqg.~ Name of Fonner Owner ~So'" l....)artl.. + e'"f!4iJ1fJ. Wm-L
II. Zone or use district in which premises 8fC situated ,'"
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12. Does proposed conslruction violale any zoning law, ordinance or regulalion? YES~ NO_
,
AC-
13, Will lot be re-graded? YES_ NOjL Will excess fill be removed from premises? YES_ NO.)L
&""'.......I:!J 117 II,
14, Names ofOwneroferemises f!?'Cka-" 5-l.IkV4ddressI500t.aIa>/anJ>loNJ' Phone No. b? (-Sl,3-lftrOO
Name of Architect e, r /A{)~r/ R- War-./. . Address I' Phone No " " II
Name of Contractor Address Phone No.
15 a, Is this property within 100 feet ofa tidal wetland or a freshwaler wetland? 'YES_NO ~
. IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAYBE REQUIRED.
b. Is this property within'300 reet ora tidal wetland?' YES_ NO-y'
· IF YES, D,E.C. PERMITS MAY BE REQUIRED.
16, Provide survey, to scale, with accurate foundalionyIan and distances to property lines. -;;.ee aA;/a tUo <t-
pr,,{bSPd Ixl.~ ~t-l(:t~(.. 5uK.~ .
17.lfelevation at any point an property is allO reet orhelow, must provide topographical data on survey.'
STATE OF NEW YORK)
SS'
COUNTYOFS~) ,
(Jf.t1J1Jft>r i,. Gotd..Pl-. being duly sworn, deposes and says UUlI (s)he is the applicanl
(Name of individual signing contract) above named,
(S)He is lhe Aget.L-t rf -+IAJ IIppl,co q,l I (JWlI&L
00 (Contractor, Agent. Corporate Officer, elc.)
of said owner or owners, and is duly authorized to perf ann or have perfonned the said work and to make and file this application;
that all statements contained in this application are true to the best ofllis knowledge and belief; and that the work will be
performed in the m8lU1er set forth in die application .filed therewith.
Sw
...~
~APPlicant
tit';
CYNTHIA M. MANWARING
NOTARY PUBLIC, STATE OF NEW YORK
NO:01 MA61 00507
QUAUFlED IN SUFFOLK COU~1j ~
COMMISSION EXPIRES OCT. 20 fff
TOWN OF SOUTHOLD PROPERTY RECORD CARD
/000 - S-~ ;2- ~)....
OWNER
,ch4vd G, worreL
RMER O~NERWar d
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TOTAL
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Mkt. Value
COMM.
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House Plot
Total
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COMM.
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REMARKS
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vnLLUUMJ.CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
MAIliNG ADDRESS:
P.O. Box II 79
Southold, NY 11971
OmCE LOCATION:
Town Hall Aonex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
FACSIMILE
To: Jennifer B. Gould, Esq.
From: Anthony Trezza, Sr. Planner
Date: July 26, 2005
Re: Ward Lot Line Chanae
1000-55-2-5.2 & 5.3
As per the Planning Board work session on July 25, 2005, the following map
changes are needed in order to proceed with the application for the above-
referenced properties:
1. Make clear the existing and proposed lot areas.
2. Label the access as a "20'-wide common driveway.
3. Show the third lot that is part of the previously approved subdivision
(1000-55-2-5.1 ).
4. Use the non-conforming setbacks of the Town Code to show the
building envelopes for both lots.
5. The building envelope on lot 2 has two front yard setbacks (50' from
Old North Road and 50' from the easterly property line).
6. Indicate if the existing barn is to be removed or relocated.
7. Clarify the dimensions of the property lines along Old Main Road.
Please provide this office with eight copies of the revised map when completed.
You may then go back to the Building Department for a new Notice of
Disapproval. If you have any questions or need further assistance, please feel
free to contact this office.
I
.
,
.
.
\:)b
AI
Su.f)~
JENNIFER B. GOULD
Attorney at Law
210 Main Street. P.O. Box 177 . Greenport, New York 11944
Telephone 631 -477 -8607 . Fax 631-477 -2601
July 13, 2005
Jerilyn B. Woodhouse, Chairwoman
Southold Town Planning Board
53095 Main Road, PO Box 1179
Southold, NY 11971
RE: Richard G. Ward and Susan C. Ward Application for Re-Subdivision /Lot Line Modification
Premises: 4006 Old North Road and 4400 Old North Road. Southold. NY
(SCTM #'s 1000-55-2-5.2 & 5.3)
Dear Ms. Woodhouse:
Enclosed please find a copy of the notice of disapproval issued by the Southold Town Building
Department with respect to the above-referenced lot line change.
Please note that the barn is a permitted structure and use in an AC zone (see Section 100-3l(a)
of the Southold Town Code). In addition, the Building Department has determined that a 20-foot
right of way is acceptable under the Southold Town Code (see Section 100-235 (C)) and the New
York State Fire Code, which requires a 20-foot wide road for fire truck access.
It is the applicants' intent to proceed with a single area variance for lot width with the Board of
Appeals. If the Planning Board has any additional issues with the variance or the lot line
application as filed, please contact me as soon possible.
Very truly yours,
~~
Enclosure
cc: Richard G. Ward & Susan C. Ward
Zoning Board of Appeals
.-----.. (r" c.' n \In re illl" I
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., . I'
\ i \ II JUl 5 2005 U. \
"'\.'. '2]
l~ . s,utr.o1dTolln
F';;:.:":',~ L<!J':,{
.-----.-----'.---.
.
,
.
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: Julv 5.2005
TO: Jennifer Gould NC Ward
POBox 177
Greenport, NY 11944
Please take notice that your application dated Julv 5. 2005
For a permit for a lot line change at
Location of property 4006 Old North Road. Southold. NY
County Tax Map No. 1000 - Section 55
Block2,
Lot 5.2 &.~3
./ "'" e.
Is returned herewith and disapproved on the following grounds:
The proposed lot line change s not permitted pursuant to Article III. Section 100-32. which states:
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the AC. R-80. R-120. R-200 and R-400 Districts unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule. with the same force and effect
as if such regulations were set forth herein full."
The minimum lot width reauired in the Residential R-40 District. according to the bulk schedule. is
150 feet. Following the proposed lot line change. both lots will measure +/- 112 feet in width at their
smallest point.
Although the survev shows onlv one tax map number for the propertv. a subdivision has been
a roved fi rcel' own as lot 1 and lot 2.
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
..'
,
"
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1802
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
MEMORANDUM
TO:
All Building Department Personnel
FROM:
Ed Forrester
DATE:
May 21, 1998
Attached
RE:
Effective immediately, the attached notice will be attached as a cover on all
Disapprovals issued by this department. The body of the Disapproval will no
longer contain wording referring to 0... action by the ZBA. ..0 or words to that effect.
.'
.
.
'lUILDlNG PE.PPLICATION CHECKLIST
~ Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contad:
Mail to:
...
..1JlWN OF SOUTHOLD .
BUILDING DEPARTMEN
TOWN HALL
SOVTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.net/Southold/
PERMIT NO.
Examined
Approved
Disapproved ale
.20_
20_
".
Expiration
.20_
. Phone:
Bu iog Ins ctoe
r.j~G: .. :; . ;'.:.'1~'i'G~APPLlCA nON FOR BUILDING PERMIT '
: .J~L'. I 23 2..:!J05 t.J Date Ju IoI.q 2. 3 . 20~
I _ _. _ __ J INSTRUCTIONS
L-a....:rlllg:'-aJ~11~ti~~.:' , " mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans; accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and ofhuildings on premises, relationship to adjoining premises or public slreets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Pennit to the applicant. Such a pennit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatso ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of aBuilding Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with aU applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premise~ and in building for necessary inspectionsn
/f'5 ,c Ci (.( n/.. (c; U):Jro1. b '1
~~",~naml:;;;o,,;~~)
~-e,O-i.171 ~
I.., I 477 & b (Mailing add"" ofapplicant)
f:7? - - V, 6rE'{'i'?p?rl. tvi UCl4-'I
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician; plumber or builder
appllcC!..d ,s
OU::>>\D r of "",WI"*,,,, I- Qrr[".j{>r-f..
Name of owner of premises e ,(I-!~rtl (j-. 10ar<t-
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
t. Location of land on which p~oposed work will be done:
Olrl IJoetl4 fouJ
House Number Street
Soui k:>lcL
Hamlet
County Tax Map No_ 1000 Section 5 ~
Subdivision V..t- b W. A.vta2;
(Name)
('01''1 Df map atta.c""'L
Block;;l, Lot 5-;).
Filed Map No. Lot
dA-f<'>cj /-'l7tQ75 CUlL
S"j >tOcI b'j SO!vl W ,( t UlAN->-
Ctil~rrYlo." ~ PI0r1,.J,45 &:'l'l,d ~-I'2..-lq?<;
,
,
"
.
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. EXislinguseandoccupancy Ilnra.,,1 IO>'lcL 'W.-+k frof'l"'Od /0+ f~
Cl1tlr1'jf- .$eJI. a.HarlAccL. S<<~lI'(>Gt - en..
b. Inlendeduseandoccupancy <i,'()'jl~ f(J'7 r!wPIII,I)1t 0-11-1.. 1-0 ~ Wl{)('rllk:>d...
-rn (D(-' ~.'3.)
3. Nature of work (check which applicable): New Building Addition Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost Fee
(To be paid on filing this application)
S. If dwelling, number of dwelling units-.1....-Number of dwelling units on each floor
If garage. number of cars .
6. Ifbusiness, commercial or mixed occupancy. specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height Number of Stories
Rear
Dept!t
Dimensions of same structure with alterations or additions: Front
Depth Height Number of Stories
8. Dimensions of enlire new construction: Frontst'e.. bu ,IJ, rl} Reaffhlf'1 O~ .
Height Number of Stories
r
Rear
Depth
9. Size of/ot: Front
1/ "l..l~
Iqf<~
, &O.blf 1
I
Depth 27'5.72 +
'307.{!;-2.. I
Rear
10. Date of Purchase
Name of Fonner Owner
Suso" War<L
+ e,.rhtfld.
War&.-
II. Zone or use district in which premises are sltualed (R. - R D) Ac..
12. Does proposed construction violate any zoning law, ordinance or regulation? YES~ NO_
13. Will 101 be re-graded? YES_ NO..2L Will excess fill be removed from premises? YES_ NO X
{J,::>/A(>"""'1:!I'17Ib
14. Names of Owner oferemises f? ,'(l4ard t';. wa'4ddress 1500 liJ~lolld~oJ.V" Phone No. b?, l-sl,,-lflioo
Name of Architect e If l4tir-r/ {.;- lAA:Jr-l . Address " Phone No I' II II
Name of Contractor Address Phone No.
IS a.ls Ihis property within 100 feel ofa lidal weiland or a freshwaler wetland? 'YES_NO ~
· IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAYBE REQUIRED.
b. Is this property wilhin300 reet of a lidal wetland? . YES_ NO ~
· IF YES, D.E.C. PERMITS MAYBE REQUIRED.
16. Provide survey, to scale, with accurate foundalionylan and distances 10 property lines. ~ Q;t;/-a t~ ot-
pro(bE9d {otl",-,{! ('l1ai\9v~ 3.tt:~
17. Ifelevation at any point on property is at 10 feet or belo-fr, must provide topographical data on survey.
STATE OF NEW YORK)
SS'
COUNTY OF SufPk,:) .
(f(>" Y1,fP r f::, - 60 ~ being duly sworn, deposes and says thai (s)he is the applicanl
(Name of individual signing contract) above named,
(S)He is the Agf''i-l rf +iArI App/.ro t:H IOwM.D..L
. (Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perfonn or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sw
~APPI~
...
CYNTHIA M. MANWARING
NOTARY PUBLIC. STATE OF NEW YORK
NO:01 MA61 00507
QUAUFIED IN SUFFOlK COU~IJ "
COMMISSION EXPIY, 20 t7f
.
.
.
JENNIFER B. GOULD
Attorney at Law
~'
If!
210 Main Street. P,O. Box 177 . Greenport, New York 11944
Telephone 631-477-8607. Fax 631-477-2601
Jerilyn B. Woodhouse, Chairwoman
Southold Town Planning Board
53095 Main Road, PO Box 1179
Southold, NY 11971
June 3, 2005
RE: Richard G. Ward and Susan C. Ward Aoolication for Re-Subdivision !Lot Line Modification
Premises: 4006 Old North Road and 4400 Old North Road. Southold. NY
(SCTM #'s 1000-55-2-5.2 & 5.3)
Dear Ms. Woodhouse:
I represent Richard G. Ward and Susan C. Ward, the owners of the above referenced parcels.
Enclosed pleased find the following documents:
I. Re-Subdivision Application Form;
2. Two (2) Authorization letters from Applicants/Owners to Agent;
3. Copies of two (2) property deeds (lots 55-2.5.2 & 5.3);
4. Short Environmental Assessment Form;
5. Two (2) Transactional Disclosure Forms
6. $500.00 Application Fee; t.., ~
7. Six (6) copies of the Re-Subdivision Plan; and
8. Six (6) copies of the original subdivision- Map of Land Made for Vito W. Amari, approved
March 12, 1975 by the Southold Planning Board.
The applicants wish to reconfigure 2 lots in a three-lot minor subdivision created by the Southold Town
Planning Board on June 12, 1975. Ms. Ward's lot (5.3) is presently improved with a single-family
dwelling, one story pre-existing barn, and gravel driveway that exits onto Old North Road. Mr. Ward
owns the remaining 2 lots (5.2 is vacant land, and 5.4 is improved with a single family dwelling), where
access to Old North Road is provided by a 50-fool Right of Way.
The proposed reconfiguration of lots 5.2 and 5.3 will preserve the present landscaping and lawn to the
existing tree line of Ms. Ward's home on proposed lot I, in addition to maintaining the natural woods
that exist in the rear yard of each proposed lot. Further, the reconfiguration of the two lots will provide a
building envelope for the proposed lot 2 that will least impact the two existing Ward residences as well as
the two residences immediately west ofthis three (3) lot "Ward" subdivision.
Finally, the present 50-foot Right of Way only provides access to Richard Ward's two lots _ 5.2 (vacant)
and 5.4 (single family dwelling). The applicants would like to reduce its width to 20-feet to in order to
provide a 30-foot side yard for the building envelope on the proposed lot 2.
After reviewing the application, should the Board or staff have any questions, please do not hesitate to
contact me....l
-----:-:----. ," I
r--~\ ~ r) i,", I
\ ---'
Very truly yours, ~
~
Enclosure
cc: Richard G. Ward & Susan C. Ward
JUN -1 2005 \ "j ,
. , ,JJ
\, "
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,. --.--"
I ........-
SURVEY FOR LOT LINE' GHANGE
SITUATE: SOUTHOLD
TOWN: SOUTHOLD
SUFFOLK C.OUNTY, NY
SURVEYED 08-03-2005
REVISED 11-01-2005
SUFFOLK COUNTY TAX #'S
1000-55-2-5.2 ,....___'_'" "'~_'__"____~'
1000-55-2-5.3 r /.",-~T " -___.,_._'''''"''<<r.......::-...-.~,\
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ZONING DISTRICT AC - SETBACKS BASED UPON NONCONFORMING LOTS
NOTES,
.
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GRAPHIC. SC.ALE
MONUMENT FOUND
PIPE FOUND
'", :::~~ I
1"= 50'
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. Lie. NO. 50202
RIVERHEAD, N.Y, 11901
369-8288 Fax 369-8287 REF.Z:\pros\05\05-247.pro
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VERITY
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OWNERS-
RiCHARD G. WARD If.
SUSAN C. WARD
440 OLD NORTH ROAD
SOUTHOLD, N. Y. 1/97/
CONTOUR LINES ARE REFERENCED TO THE FIVE EASTERN
TOWNS TOPOGRAPHIC MAPS
ANY AL TERA TlON OR ADDITION TO THIS SURVEY I,. A VIOl. A liON
Of SECTION 7209 OF THf NEW YORK STATf EDUCATION tAW
fXCfPT AS PER SECTION 7209- SUBDIVISION 2. All CfRTlFlCA TlONS
HfREON ARf VALID FOR THIS MAP AND COPIES THfRfOf ONt Y IF
SAiD MAP OR COPlfS BfAR THf IMPRfSSED SfAL OF THE SURvnOR
\tHOSf SIGNA TURf APPfARS HfREON
[
(516)
P 0 B
7230 TRAV[LfR STRffT
SOU THOLD. N. Y 11971
/.Ie NO 49618
C
1//0/)'
GRlO1i18
ZONING DISTRICT. AC
AREA = 90,682 sq.ft.
98-360
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SURVEY FOR LOT LINE CHANGE
AT SOUTHOLD
TOJfN OF SOUTHOLD
SUFFOLK COUNTY , N. Y.
fill .. ......f. U I..
SCAU: t' - 60'
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ANY ALTERA TlON OR ADDITION TO THIS SURVEY IS A VIOLA TlON
or SECTION 7Z09 OF THE NEW YORK STATE EDUCA TlON LAW,
EXCEPT AS PER SECTION n09- SUBDIVISION Z, AU CERTlFlCA TlONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOf ONL Y IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL or THE SURVEYOR
WHOSE ,sIGNA TURE APPEARS HEREON.
Sou1hoId Town
PIaI..1ing Board
ZONING DISTRICT - AC
NO. 49618
98-360
LASER FICHE FORM
SUBDIVISIONS
SCANNED
JUN , 4 2001
Proiect Type: Lot Line Chanqes Records Management
Status: Final Approval
SCTM #: 1000 - 55.-2-5.2
Proiect Name: Ward, Richard & Susan
Location: The property is located in the A-C Zoninq District on the s/s/o Old
North Road. approximately 1.380' west of North Road. in Southold.
Hamlet: Southold
Applicant Name: Richard G. Ward & Susan C. Ward
Owner Name: Richard G. Ward
Zone 1: A-C
Approval Date: 6/11/2007
PLAT Siqned Date: &j/liZ/Of{
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2: Zone 3:
C and R's :
Homeowners Association:
Rand M Aqreement:
Address:
County Filinq Date:
SCAN Date: