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Home My WebLink About1000-79.-6-4.6t~OBIN~A~¥ IINt~ ALTt~ATION ~A¥'v'IEIAI TOIAIN OF SOUTHOLEP SUFFOLK COUNTT NEIAI YORK SU~VE"CE~ ~ .JUNE 2OII SUFFOLK 60UNTY' TAX NIAP NUi'dDE~, I000 - -/q - ~ - 4.8 I000 - qq - ~ - 2q AF:'PLI C, ANT~ PATRICIA I"IELLAS RICHA~'AP I"IELLAS P.O. BOX Iq-/~t SOUTHOLLP, N.Y. I lqql N KEY MAP I" = 600' APPROVED BY PLANNING BOAR~D TOWN OF SOUTHOLD EXISTIN® AP-EAS AREA OF EXIST/N® TAX LOT 2q FOt~. I'dELLAS = 16,000 S.F. OR .D444 ACt~,E AREA OF ~XI~TIN¢ TAX LOT 4.6 FOR 5~ITH = qS,qdq 5.F. OR 2.22IO AO~E6 PROPOSE~ AREA6 AREA OF PROPOSEP TAX LOT 2~ ROE HELLAS = 24,628 5.F. OR 0.5654 ACRE AREA OF PROPOSEP TAX LOT 4.6 FOR SMITH = 8~,12[ S.F. OR 2.0000 ACRES ~0~,.. X~o, e6 ~ sc °%.,s-,~ NOrth/~a. FV~e~ Road ZONIN® TAX LOT '~q LIES iN ZONE t~. - 40 TAX LOT 4.6 LIES IN ZONE A 6 BOTH LOTS ARE IN SCHOOL ]PlSTRIOT 5 DOTH LOTS ARE iN FIt~E ZPlSTt~.ICT 28 DOTH LOTS At~.E NOT IN A FEi'IA FLOOP ZONE NOTES: STAKE FOUND NIONUNIENT FOUND LOT © P-.EFERES TO FILEE) HAP OF "ORO~qLE¥ESTATES" FILEE) PEG. 12, Iq86 AS FILE ~ 8256 ®RAPHIC SCALE I"= 40' O 4-0 DO JOHN C. EHI.ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y,$. LIC. NO. 50202 I~W'ERHEAD, N.Y. 11901 369-8288 Fax 369-8287 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 15, 2011 Alexander Crawford, Esq. 8 South Gate Shoreham, NY 11786 Re: Final Plat Approval & Negative Declaration: Lot Line Change for Mellas and Smith Located at 340 Colonial Road and 935 Jacobs Lane, Southold SCTM#1000-79-6-4.6 & 29 Zoning District: R-40 and A-C Dear Mr. Crawford: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 14, 2011: WHEREAS, this proposed Lot Line Change will transfer 9,626 sq. ft. from SCTM#1000- 79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District; and WHEREAS, an application for a Lot Line Modification was submitted on July 8, 2011 by Richard and Patricia Mellas for the property located 991.72 feet northeast of North Bayview Road, SCTM#1000-79-6-4.6 & 29, in the R-40 and A-C Zoning Districts; and WHEREAS, on August 29, 2011, the Southold Town Planning Board at their Work Session accepted the application for review; and WHEREAS, on September 12, 2011, the Planning Board set a public hearing; and WHEREAS, on October 17, 2011, the public hearing was closed; and WHEREAS, on October 31,2011, the Planning Board at their Work Session accepted the submitted draft deeds; and Mellas and Smith Pa.qe Two November 15, 2011 WHEREAS, the Southold Town Planning Board, pursuant to Town Code {}240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. The lots involved are already developed; 3. No changes will occur as a result of this Lot Line Change that would affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: The transfer of land from an over-sized parcel (larger than the minimum zoning requires) where the over-sized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, the Planning Board has determined that the proposed action meets all the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore, RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, the public hearing, Sketch Plan and Preliminary Plat steps; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval; and be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval on the map entitled "Boundary Line Alteration situate: Bayview Town of Southold Suffolk County, New York", dated June 1, 2011, prepared by John C. Ehlers, Land Surveyor, and authorizes the Chairman to endorse the map. Mellas and Smith Pa,qe Three November 15, 2011 Please Note.: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this Lot Line Change may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Enclosed please find a copy of the map which has been endorsed by the Chairman. Please submit a copy of the recorded deed to the Southold Town Planning Department. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any app~approvals. Signature of Ap ~i~ or Applican{'s Agent Encl. CC; Assessors w/map Building Department PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 14, 2011 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, in an uncoordinated review of this Unlisted Action, 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: Proposed Lot Line Modification of Mellas and Smith SCTM#: 1000-79-6-4.6 & 29 Location: 340 Colonial Road and 935 Jacobs Lane, Southold. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed Lot Line Change will transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Ne.qative Declaration Pa.qe Two November 15, 2011 The determination was based upon the following: The proposed Lot Line Change will not create any new building lots. Both lots aro already developed. The proposed lot line will improve a pro-existing non-conforming lot size to a less non-conforming lot. Thus, the following can be said of this action: No substantial adverse change in existing air quality, groundwater 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 if the proposed action is implemented as planned. 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 aroa, 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. 3. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 5. No major change in the use of either the quantity or type of energy will occur. 6. 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. For Further Information: Contact Person: Alyxandra Sabatino, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 Submission }Yithout a Cover Letter Sender: /~t~cl,'~ica~q~ 6; etla_s sC~rM#: lO00- -Z? ~¢-¥. t; ~-~ ,~ ~ 4Y4~ Lo-k L i,~e' Date: Comments: THIS INDENTURE. made Ihe 2gth day of November BE3WEEN JOHN G. SldITH, residing at 935 Jacobs Lane. SouthoEi. New York 11 g71 2011 pady of the first part, and RICHARD MELLAS and PATRiCIA MELLAS, his wtfe, both residing at 340 Coidnisl Road. Southold, New York 11971 party of the second part, WtTNESSETH. that the party of the first part. in consideration of ten dollars ~aid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs Jr successors and assigns of the party of the second part forever, ~.LL that certain plot, piece or parcel of land, with the buildings and improvements thereon erented, situate, lying and being in the TOWn gl Soutbeld. County of Suffotk and State of New York, being and mo~e particularly bounded and deSCribed as set forlh on Scheduis A h~mto. The Southoid Plannir~g B~erd aedpted a resolution on November 14. 2011. which subd~ded 9,626 square feet from the ~remises know~ as 935 Jacobs Lane, Southold, New York 11971 (Suffolk County Tax Map ieentirmation: Distdcl - 1 Section - 79; Block - 6; and Lot 4,6) - said subdivided parcel is paRicularly bounded and described on Schedule A TOGETHER with all right, gila and interest, ~ any. of the party of the first part in and to any streets and roads abulting the above described premises to the center lines thereof; TOGETHER with the appurtenances and ail the estate and dghts 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 assi0ns of the parly 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 e~cumbered 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 dght fo receive such consEierafion as a trust fund to be applied flint for the paq30se 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 yerty' shall be construed as if it read "pai/ies' when ever the sense of this indenture so IN WITNESS WHEREOF, the par[y of the first part /~ ~. ~/~'~/~"~aY al~'~e~first ~be Form ;~29g SCHEDULE A Beginning at a concrete monument found on the line that separates land of Mellas to the north with land of Connaughton on the south said monument being at the Point and or Place of Beginning; Said monument situate the following two courses and distances from the corner formed by the intersection of the northerly line of Liberty Lane and the Easterly line of Colonial Road. Running in a Southerly direction along the easterly line of Colonial Road South 28o41'30" West 337.13' to a point at the Northwest corner of land of Edward Connaughton and Florence Connaughton and the Southwest corner of the Land of Richard Mellas and Patricia Meilas. Thence South 61°18'30" East 160.21' along the property line separating land of of Mellas to the north with the land of Connaughton to the South to the concrete monument above referenced as the Point and or place of Beginning. Running thence from the monument at the Point and or Place of Beginning North 28°41'30" East, a distance of 159.73 feet to the land of James Hudson and Christina Hudson; thence along the land of Hudson South 61~35'20'' East, a distance of 60.21 feet to the land of John Smith; thence along the land of Smith South 28°41'30" West, a distance of 160.02 feet to the land of Edward Connaughton and Florence Connaughton; thence along the land of Connaughton North 61°18'30'' West, a distance of 60.21 feet to the above mentioned concrete monument and the Point and or Place of Beginning. Parcel contains 9,627 S.F. or 0.2210 Acres. 11/14/2811 09:26 63176568~3 S~]LITHI]LD ELE]~ SCHO[L PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~'n ,r~(l ADDRiRS~: P.O. BOx llT9 Sou+,,hold, ~ 11971 OFFIC~ LOCATION: Main Rd. & youn~ Ave,) I~ou~hold, ~ November 15, 2011 Alexander Crawford, Esq. 8 South Gate Shomham, NY 11788 Final Plat Approval & Negative Declaration; Lot Line Change for Mellas and Smith Located at 340 Colonial Road and 935 Jacoba Lane, Southold $CTM~1000-79-8-4.6 & 29 Zoning Distriol: R-40 and A-C Dear Mr. Crawford: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 14, 2011: WHEREAS, this proposed Lot Line Change will transfer 9,626 sq. ft. from SCTM~1000- 79-6-4.8 to SCTM#I000-79-6-29. Lot 29 will increase from 15,000 sq. ft, to 24,826 SCl. ff., and Lot 4.6 will decraa~ from 96,747 sq. ft. to 87,121 sq. fL Lot 29 is located in the R-40 Zoning District and LOt 4.6 is located in the A-C Zoning District; and WHEREAS, an application for a Lot Line Modification was submitted on July 8, 2011 by Richard and Pat~¢la Mellas for the property located 991,72 feet northeast of North Boyview Road, SCTt~1000-79-6-4.6 & 29, in the R--40 and A-C Zoning Districts; and WHEREAS, on August 29, 2011, the Southold Town Planning Board at their Work Session accepted the application for review; and WHEREAS, on September 12, 2011, the P~anning Board set a public hearing; and WHEREAS, on October 17, 2011, the public hearing was closed; and WHEREAS, on Octobe~ 31,201t, the Planning Board at their Work Session accepte~ the submitted draft deeds; and 11/14/2011 09:26 6317656893 SOUTHOLD EL.EM SCHOOL PAGE 03 Mellas and Smrd~ Paoe Two November 15, 2011 WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of G~Ca!n p.rmasion~ may waive certain elements of the subdivision review if in its judgment they are not requisite In the interest of the public health, eafety and general welfare. After reviewing the information submitted for thiS application, the Planning Board has deten~ined that It is eligible for a waiver of the ERSAP, the Primary and Secondary Consewation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following masons: 1. No new lets are being created; 2. The lots Involved are already developed; 3. No changes will occur as a result of this Lot Line Change that would affect the character of the neighborhood; and WHEREAS, the Planning Board performed an unceordineted review of this UnliSted Action pursuant to 8 NYCRR Part 817, Section 617.7 of the State Envlronmentel Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Une Modification Policy set by the Planning Board in February 2011, this app#catlen is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion ~et forth in that policy:. The transfer of lend from an over-sized parcel (larger than the minimum zoning requires) where the over-sized parcel remains above the minimum lot size required, and where no new development potential will be created in the paroel to which the land is transferred; and WHEREAS, the Planning Board has determined that the proposed action meats all the ne _ce~_~ry requirements of Town Cede §240 for a Lot Line Mndlflcetion; be It therefore, RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative De¢lara~on; and be It further RE~OLVED, that the Sou/hold Town Planning Board hereby waives the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, the public hearing, Sketch Plan and Prelimln'ary Plat steps; and be It further RESOLVED, that the Bouthold Town Planning Board hereby waives the requirement for $CDHS approval prior to Planning Board approval; and be It further RESOLVED, that the Southold Town Planning Board gr. nt~ Final Plat Approval on the map entitled 'Boundary Line Alteration situate: Bayvlaw Town of Seuthotd Suffolk County, New York', dated June 1, 2011, prepared by John C. Ehlars, Land Surveyor, and authorizes the Chairman to endorse the map. ll/14/2011 09:~6 63175§6893 SOUTH~LD ELEH SCHOOl. PAGE Melles and Smith November 15, 201! Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waning e technical requirement of Final Plat Approval under the Town Code and makes no representatJons as to whether SCDHS approval Is required. $CDHS approval of this Lot Line Change may be necessary to be in complisnce with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Endesed phase find a copy of the map which has been endorsed by the Chairman. Please submit a copy of the recorded deed to the Southold Town Planning Department. If you have any questions regarding the above, pleaea contact this office, Very truly youm, Martin H. Sldor Chairman I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guamntes or waive an approval, if required, from the Suffolk County Deparl~nent of Health ServJ~ (SCDH8 L I understand that I will need to apply separately to the SCDHS for any app~ /~.,approva IS. I or Applicant's Agent End. ~: Assessors w/map Building Department ACICNOWLEDGEM gNT TAKEN IN NEW YORK STATE *State of , County of , ss: Title No. Bargain and Sale Deed With Covenants 1'0 DISTRIBUTED BY RETURN BY MAIL TO: 'rP-,~4 (3/o7) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Forte TP-5~4-1, lnstractions for Form TP-5B4, before cornpleflnc, i this ~orre. Please print or ~yp Schedule A -- Information relatlnf} to conveyance Recording office time stamp Grantor/Transfl~ror [] Individual [] Corporation [] Partnership [] Estate/Trust [] Other Grantee/Transferee [] Corporahon [] Partnership [] Othar Smith, John G. Msiling address 935 Jacobs Lane Southold NY 11971 Mellas, Richard & Mellas, Patricia 340 Colonial Road City Sta~e ZIP code Southold NY 11971 Federal employer iddnt, number i Fedemlemp~r~e~.number Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot Southold Southold Suffolk )perty conveyed (check appfica~e ~x) I [] One- to three-family house 5 [] Commercial/Industrlal Date of conveyance Percentage of real property 2 [] Residential cooperative 6 ~ Apartment building conveyediwh c~ Is residential 3 [] Residenfialcondominium 7 [] Office buiIding I11 29 20111 realprap~rty 100.00% 4 [] Vacant land B [] Other ~ day year Condition of conveyance (check all that apply) a. [] Conveyance of fee interest b. [] Acqu~tion of s ~ntrolling interesi (state percentage acquired %) c. [] Transfer et a contrailing interest (state percentege transferred %) d. [~] Conveyance to cooperative housing corporation L [] Conveyance which consists of a mere change of identify or form of ownership or organization (a~ch h. [] Conveyance of cooperative apartment(s) i. [] Syndication e. ~ Conveyance pursuant to or in lieu of f~raclos~re or enforcement of security interest(a~cnFormrP.5~.t, sct~uleE) k. ~ Contract as§~ment For rec~ording officer's use Amount received I-Date received 1 j. [~1 Conveyance of air rights or development rights L [] Option assignment or surrender m. [] Leasehol~ assignment or surrender n. [] Leasehold gra,t o. I-] Conveyance of an easement p. [] Conveyance for which exemp on rom transfer tax claimed (corep~ete Schedule B, Part//I) q. [] Conveyance of property parUy within and partly outside the state r. [] Other (describe) Page 2 of 4 TP-584 (3/07) Schedute B -- Real estate transfer tax return (Tax Law, Article 31 Part ! - Computation of tax due 1 Enteram~unt~fc~nsiderati~nf~rtheconvey~nce(ify~uamc~a~min9at~ta~exempti~nfr~mtax~checkthe I exemp#onclalmttdbox, enter~onsiderat~nandproceedtoPartm) .............................. [] Exemption clalme¢l t 1. I 20000.00 2 Continuing lien deduction (see instruc#OnS if property is taken subject to rnortgage or l~) ......................................... [ 2.~ 0 3 Taxable consideration (subtractline2fromf~e I) ................................................................................................... / 3. ~ 20000.00 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ......................................................... t 4. ~ 80.00 5 Amount of cr.e~.it claimed (see instructions arid affach Form 7P-58#. 1, Schedule G) ................................................... / 5. / 0 6 Total tax due (subtract line 5 from line 4) ............................................................................................................... ~ 6. / 80.00 Part ]] - Computation of additional tax due on the conveyance of residential rea} property for $1 million or more I Enteramountofconsiderationforconveyance(fromPartl, linel) ........................................................................ 1. 2 Taxab~ec~ns~derat[~n(mu~t~p~y~ine1byth~pe~ce~tsge~fth~rem~seswhichisres~den#airea~p~ln~h~du~A)~j 3 Total additional transfer tax due* (muitlplyline 2 by 1% f 01)) Part Il! - Explanation of exemption claimed on Part l, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conv(~yance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pumuant to agreement or compact with another state or Canada) .............................................................................................................................................. a [] b. Conveyance is to secure a debt or other obligation ............................................................................................................................ b [] c. Conveyance is without additional consideration to confirm, correct, modi~ or supplement a prior conveyance ............................... c [] d. Conveyance of real properly is w~thout consideration and not in connectio~ with a sale, incruding conveyances conveying realty as bona fide gifts ....................................................................................................................................................................... d [] e. Conveyance is given in connection with a tax sale ............................................................................................................................. e [] f- Conveyance is a mere change of identity or form of ownership or organization where there is ne change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprfsing the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F .................................................................... f [] g. Conveyance consists of deed of partition ........................................................................................................................................... g [] h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................. h i. Conveyance consists of the execution of a conlract to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real property, without the use or occupancy of such properly ................................................. [] J. C~nveyance~far~~pti~N~rc~ntractt~purchaserea~pr~pertywiththeuse~r~ccu~ancy~fsuchpr~perlywherathe consideration is less than S200,000 and such property was used solely by the grantor as the grantors personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sala of stock rna cooperative housing corporation in connection with lhe grant or transfer of a proprietary leasehold covedng an individual residential cooperative apartment .......................................................................................................................................[] k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401 (e) (attach documents suppotfing such claim) .......................................................................................................................................................................... k [] I. Other(altachexplanation) ..................................................................................................................................................................... I [] °P ease re'eke check(s) payable to the county clerk where the recording is to ~ake place. If the recording is to take place in New York City, make check(s) payable fo the NYC Department of Finance. if a recording is not required, send this return and your check(a) made payable lo the NY$ Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TP-584 (3/07) Schedule C -- Credit Line Mortgage Certificate (Tax Law. Article 11) Complete the fetlowfng only if the interest being transferred is a fee simple intereaL I (we) certify that: (cheek the appropriate box) 1. [] The real property being sold or lransfen'ed is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason; [~] The treesfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether ss a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the odginal obligor or to one or more of the original obligors or (Bi to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (es in the cese of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). {~The transfer of reaJ property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. [] The maximum principal amounl secured by the credit line mortgage is $3,000,000 or more, and the real properb! being sctd or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggrega~d under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (a~tach detailed explanation). 3. [] The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction ct such mortgage will be recorded as soon as it is available. 4. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or Obligation secured by the mortgage is . NO exemption from tax is claimed and the fax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to tal(e place in New York City, make check payable to the NYC Department of Finance.) Slgnatura (both the grantor(e) and grantee(s) must sign) ~lor gna ur~ ?iUe ~ Gcant~ signature Title Reminder: Did you complete afl of the requtrad Information In Schedules A. B, and C? Are you required fo complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP-584,1 ?Hava you attached your check(s) made payable to the county clerk where recording wilt take place or, If Me recording is in New York City, to the NYC Department of F//~a~e? If no recording is required, send your check(e), made p~yable to the Department of Taxation and Finance, direefty to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 4 of 4 TP~584 (3/07) Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663) Complete the folk)wing only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. Part I - New York State residents If you are a New York State resident t ransferor(s)/selle~(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must sign the certification below, if one or mom transferem/sellers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided, tf more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a resident of ~w York State, and the~P,.~re is not required to pay estimated personal income tax under Tax Law, section 663(a~ upon the sale or trana er of, ras p?perty orcooyra )ve Sigr~fure ~, ~, ,~..~ Print full nam~ Date ~_ . John G. Smith 11/~9/2011 SignatureJre// \ (J'V Print full name Date -STg~i~re~ --- Print tull name -- Date Signalure Print full r~ame Date .... Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part tl - Nonresidents of New York State If you are a nonresident ct New York State listad as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) bat are not required to pay estimated personal income tax because one of the exempUons betaw applies under Tax Law, section 663(c), check the box of the appropriate exemption below, if any one of the exemptions below applies to the transferor(syseller{s), that transferor(s)/sellar(s) is not required to pay estimated pomonal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualifies under one of the exemptions beiew must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate a~l nonresident transferors/sellers. If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Rea/Property Esti~ed Income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated persona/income tax, on page 1 of Form TP-584-1. Exemption for nonresident transferor{s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated parsonat income tax under Tax Law, section 663 due to one of the following exemptions: [] The real property or cooperative unit being sold or transferred qualifies in total as the transfemr'sJeeiler's principal residence (within the meaning of Internal Revenue Code, section 121) from to (seeinstructk3ns). Dale Date ~ The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in fereslosure, or in lieu of foreclcsura with no additional consideration. ~ The transferor or transferee ~s an agency or authority of the Unitad States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federa~ Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Print full name Peconic Bay Region Community Preservation Fund C]o~r air ri~ts ~x ~ Schcdulc B - Community Prcservation Ftmd l. Emeramotmtofconslderafionfortheco~veye~ce(fromilneJTl~g4ScheduleB) ................................. [ ~l ~) [ ~. PmP~ nm mbj~:t m CPF 'r~x (.~ ~l,~dnl, C) ............................................... [] Schedule C - (continued) Part 11 - Explanation of Exemption Claimed in Pan 1, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Con veyance is to the United Nations, the United States of America, the state of New York ~' any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation crea~d pu~uant to agleement or compact with another state or Canada) ............................................................................................................ [] b. Conveyance is to secure a debt or other obligation ............................................................................................. [] c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyanc~ ..................... [] d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide girls .............................................................................................................................. [] e. Con veyance is give~ in connection with a tax sale ............................................................................................. [] f. Conveyance is mere change of identity or form of ownot~hip oa' orgsnizafioo where there is no change in beneficial ownemhip. C[his exemption cannot he claimed for a conveyance to a cooperative housing corporation of read property comprising the cooperative dwelling or dwellings.) ............................................................................................................... [] g. Conveyance consists o f deed of paffition ......................................................................................................... [] h. C°aveyance is given pursuant to the federal bankruptcy ac~ ....~ ............................................................................... [] i. Conveyance consists of the ex¢curlon of a contract to sell real property without the use or occupancy of such property or the graating of an option to purchase real progeny without die use or occupancy of such property .......................................... [] j. Conveyance or real property which ia subject to resUictions whlch protfibit thc use of the ~ntire ~ f~ ~y p~ except agdcuhure, recreation or conservation, pursuant to Section 1449-ee (2) O) or (k) of Alli¢le 31-D of the Tax Law. (See n~qulred Town approval, Below) ............................................................................................................... [] k. Conveyance of real property for open space, parks, or historic preservation parp~ses to any not-for-profit tax exempt coq~oration operated for conservation, environmental, or historic preservation purposes ................................................. [] I. Other list explanations in sp~ce below (Graadfather/Conn-act) ................................................................................. [] m. The conveyance is approved for an cxerapfion from the Community lh'~ervafion Transfer Tax, under Secthm 1449-~e of Article 31 ~D of the Tax law. (S~e j in Schedule C) Penalties and Interest Penaltie~ Any grantor or grantee failing to rile a return or to pay any tax within Interest Daily compounded interest will he charged on the amount of the tax due not paid within the time required. Signature (bo, th the grantor(s) and grantee(s) must sign). Th{* under~ilg4e~celxify that the above r u~.'~Inc~dinll ajay certification, ?.~l~nie or attachment, is to the b~t of his/her k/lowledge, tr~e al~d comp~e. ~ I / , Y / pLEA$~= TYPE OR PRESS FIRMLY' WHEN WRITING ON FoRM .... INSTRUCTIONS: http://www.orps.state.ny,us or PHONE (518) 473-7222 FOR COUN'Pf USE ONLY ! ~ CZ. OateDeedRe~orded I f~o~lfl / ~)ff / ,y,~lrI I ca. aookl , , , , Ic~.eaa*l , , t PROPERTY INFORMATION ~ REAL PROPERTY 1P, ANSFER REPORT RP - 5217 I I I 11. s,~ I Il / ~/ Ill ~"~ ~ ' , JOHN G, SMITH, residing at 935 ,.~cobs Lane, Southold, New York 11971 2011 TOGETHER with all right, title and interest, if any, of the party of the first pad in and to any streets and roads abutting the above descnpad premises ~3 the center lines fftereof; TOGETHER with the appud~nances and all the estate and rights of the party of the fi,st part in and to said premises: TO HAVE AND TO HOLD the Fonn :~290 Beginning at a concrete monument found on the line that separates land of Meilas to the north with land of Connaughton on the south said monument being at the Point and or Place of Beginning; Said monument situate the following two courses and distances from the corner formed by the intersection of the northerly line of Liberty Lane and the Easterly line of Colonial Road. Running in a Southerly direction along the easterly line of Colonial Road South 28041'30'' West 337.13' to a point at the Northwest corner of land of Edward Connaughton and Florence Connaughton and the Southwest corner of the Land of Richard Mellas and Patricia Mellas. Thence South 61~18'30" Eas5 160.21' along the property line separating land of of Mellas to the north with the land of Connaughton to the South to the concrete monument above referenced as the Point and or place of Beginning. Running thence from the monument at the Point and or Place of Beginning North 28041'30'' East, a distance of 159.73 feet to the land of James Hudson and Christina Hudson; thence along the !and of Hudson South 61:35'20" East, a distance of 60.21 feet to the land of John Smith; thence along the land of Smith South 28~41'30" West, a distance of !60.02 feet to the land of Edward Connaughton and Florence Connaughton; thence along the land of Connaughton North 61°18'30" West, a distance of 60.21 feet to the above mentioned concrete monument and the Point and or Place of Beginning. Parcel contains 9,627 S.F. or 0.2210 Acres. SOUTHOLD ELEM SCHOOL Chair PLANNING BOARD OFFICE TOWN OF SOUTI-IOLD PAGE 02 r[~rN~; ADDRESS: P.O. B<r~ 1179 Southold, ~ 11971 (~. ~. & Y~ Av~) November 15, 2011 Alexander Cmwford, Esq, 8 Sou~ Gate Shomham, NY 11786 Re: Final Plat Approval. & Negative Declaration: Lot Line Change for Mellas and Smith Located at 340 Colonial Road and 935 Jacobs Lane, Southold SCTM~1000-79-6.4.8 & 29 Zoning District: R-40 and A-C Dear Mr. Cmwford: The $outhold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 14, 2011: WHEREAS, this proposed Lot Line Change will tranefer 9,826 sq. ft, from SCTIVd/1000- 79-6-4.6 to SCTM#1000-79-8-29. Lot 29 will increase from 15,000 SCl. fl. to 24,826 ~q. ff., and Lot 4.6 will decrease from 96,747 sq. ff. to 87,121 sq. ff. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District; and WHEREAS, an application for a Lot Line Modification was submitted on July 8, 2011 by Richard and Patdda Mellas for the property located 991,72 feet northeast of North Bayview Road, SCTM~1000-79-6-4.$ & 29, in the R-,10 and A-C Zoning Districts; and WHEREAS, on August 29, 2011, the 8outhold Town Planning Board at their Work Session accepted the application for review; and WHEREAS, an September 12, 2011, the Planning Board set a public hearing; and WHEREAS, on October 17, 2011, the public hearing was closed; and WHERFA$, on O~ober 31, 2011, the Planning Board at their Work Session accepted the submitted dralt deeds; and ii/i4/2~ii ~:2~ E3i7656~93 S~JTHOLD ELEN SCHOOL PAGE 83 Mella(~ and Smith ~aeT~ N0vemb~r 15, 20.11 WHEREAS, the Southotd Town Planning Board, pursuant to Town Code §240-56 Waivers of C,~r~ain Provision% may waive certain elements of the r, ubdivi$ion review if in its judgment they are not requisite in the interest of the public health, safety and general weffare. After reviewing the information submitted for this application, the Planning Board has determined that it ts eligible for a waiver of the ER&AP, the Primary and ,Secondary Conservation Ama Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following masons: 1. No new lots am being created; 2. The lots involved am already developed; 3. No changes will occur as a result of this Lot Line Change that would affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review ACt (SEQRA); and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Sen/ices (SCDHS) as it meets the following criterion set forth in that policy:. The transfer of land from an over-sized parcel (larger than the minimum zoning requires) where the over-sized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, the Planning Board has determined that the proposed action meats all the necessary mqulmmente of Town Code §240 for a Lot Line Modification; be it therefore, RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirements of §240 to submit the ERS,AP, Plimary and Secondary Conservation Plans, the public hearing, Sketch Plan and Prelimina~ Plat steps; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval; and be it further RESOLVED, that the Southold Town Planning Board grant~ Final Plat Approval on the map entiited 'Boundary Line Alteration situate: Bayvlew Tow~ of Southold Suffolk County, New York', dated June I, 2011, prepared by John C. Ehlem, Land Surveyor, and auth0mize~ the Chairman to endorse the map. 11/14/201i 09:2~ 63I?~§6@93 SOUTHELD ELEM SCHOOL PAGE Pa~ '1'brae November 15. 2pl I Pleeee Note: The Bouthold Town Planning Board, in waiving the requirement for $CDH$ approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this Lot Line Change may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Enclosed please find a copy of the map which has been endorsed by the Chairman. Please submit a copy of the recorded deed to the Southold Town Planning Department. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sider Chairman I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Servicas (~CDHS). I understand that I will need to apply separately to the SCDHS for any appli~caJ:lL~ approvals. ,~gnature of ~ or Applicen~a Agent Enol. ce: Assessors w/map Building Department Legal Description New Smith Parcel Beginning at the Point and or Place of Beginning; said point being South 28°24'40" West, a distance of 991.72 feet from the intersection formed by the southerly line of N. Bayview Rd. and the Westerly line of Jacobs Lane. Running thence from said Point and or Place of Beginning along the Westerly side of Jacobs Lane South 28"24'40" West, a distance of 180.45 to the land Of Richard Johnson and Pamela Maino, and thence along said land and also land of Carol P. Scott North 59"30'20" West, a distance of 481.52 feet to the land of Edward Connaughton and Florence Connaughton, thence along said land the following two courses and distances (1)North 31"22'20" East, a distance of 2.79 feet; thence (2) North 61°18'30" West, a distance of 28.65 feet to the land of Richard Mellas and PattiMellas, thence along said land North 28041'30" East, a distance of 160.02 feet to the land of James Hudson and Christina Hudson and running thence along said land South 61"35'20" East, a distance of 508.92 feet to the Westerly line of Jacobs Lane and the aforesaid Point and or Place of Beginning said property. Containing 87,121 s.f. or 2.0000 Acres · ss: ZEZIMA e o~ New York No 01 ZE6049647 Suffolk Goun~ Term Expires October 23, 2014 ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE Bargain and Sale Deed With Covenants TO RETURN BY MAIL TO: TP-584 (3/07) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording office time stamp See Form TP-584-1, instructions for Farm TP-584, before completing this form. Please print or type. Schedule A -- Information relating to conveyance Grantor/Transferor O~her Grantee/Transferee [] Individual [] Corporation [] Parlne~snip Smith, John G, Mailing address 935 Jacobs Lane Social security number Social security number City State ZIP code Federal employer ident number Southold NY 11971 Smith, John G. Mailing address Social security number 935 Jacobs Lane City State ZJP code Federal employer ident, number SouthoId NY 11971 Location and description of properly conveyed Tax map designation ! Address CltyNiltage Town County Section Block Lot 1935 Jacobs Lane Southold Southold Suffolk J Type of property conveyed (check appllcabte box) I [] One- to three-femily house $ [] Commercial/Industrial 2 [] Residential cooperative 6 [] Apartment building 3 [] Residential condominium 7 [] Office building 4 [] Vacant land 8 [] Other Date of conveyance I 11 29 20111 Percentage of real property conveyed which is residential real property 100.00 % (see instructions) Condition of conveyance (check all that apply) a. [] Conveyance of fee interest b. [] Acquisition of a controlling interest (state percentage acquired _%) c. [] Transfer of a controlling interest (state percentage transferred.__.%) d. [] Conveyance to cooperative housing corporation f. [] Conveyance which consists of a mere change of identify or form et ownership or organization (a#ach Form TP.~4.1, Schedule F) g. [] Conveyance for which credit for tax previously paid wilt be claimed (affach Form TP-584.1, Schedule G) h. [] Conveyance of cooperaUve apartment(s) i. [] Syndication e. [] Conveyance pursuant to or in lieu of j. [] Conveyance of air rights or fof~icsurs or enforcement of Security developmant rights interest (attach Form TP-584.1, Schedule E) k. [] Contract nn~i~nment For mcording officer's use Amount received Date ~eceived Schedule a., Part il $ L [] Option assignment or surrender m. [] Leasehold assignment or surrender n. [] Leasehold grant o. [] Conveyance of an easement p. [] Conveyance for which exemption from transfer tax claimed (complete Schedule B. Part/II) q. [] Conveyance of proper~ partly within and partly outside the s~te r. [] Other (de~,fbe) Clarification Deed Page 2 of 4 TP-584 (3/07) Schedule B -- Real estate transfer tax ~turn (Tax Law, Article 31) Part ! - Computation of tax due I Enteram~untofc~nsiderati~nf~rthec~nveyance(ify~uarec~aimingat~ta~exemp#~n#~mtax~checkthe exemption claimed box, enter cO'~deration and p~oceed ta Part #l) .............................. [] Exereption claireed 2 Continuing lien deduction (see instructions if property is taken subject to mor~age or lien) ......................................... 3 Taxable consideration (subtract line 2 from line 1) ................................................................................................... 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ......................................................... 5 Amount of credit claireed (see Instruc#o~s and sttach Form 7'P-584.1, Schedule G) 6 Total tax due' (subtract gna 5 from line 4) ................................................................................................................ Part ]J - Computation of additional tax due on the conveyance of residential real property for $1 million or more I Enterameactofconsideratisnforconveyance(fromPart],linel) ........................................................................1. 2 Taxable consideration (,nuttily tine I by the percentage of the p~ses which is residential ~eal proper1}4, a~ show~ th Schedule A) ... :: 3 Total additional transfer tax due* (multiply line 2 by 1% (.01)) .................................................................................. Part [[] - Explanation of exemption claimed on Part I, line 1 (chec~ any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax ~r the fbllowisg reason: a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their Instrumantatities, agencies, or political subdivisions (or ar~ public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) .............................................................................................................................................. a b. Conveyance is to secure a debt or other obligation ............................................................................................................................ b c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................... c d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ....................................................................................................................................................................... d f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be clain'~l for a conveyance to a cooperative housing corporation of mai property comprising the ccoperstive dwelling or dwellings.) Attach Form TP-584.1, Schedule F .................................................................... f ~ g. Conveyance consists of deed of partition ........................................................................................................................................... g [] h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................. h [] i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real property, without the use or occupancy of such property ................................................. [] j. Conveyance of an option or contract to purchase real property with the use or occupancy of such proper ty where the consideration is less than $200,000 and such property was used sdieJy by the grantor as the grantors personal residence and consists of a one-, two-, or three-family house, an individual residential condominiure unit, or the sate of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual re~dential cooperative apartment ....................................................................................................................................... k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents supporting such clairn) ........................................................................................................................................................................... k 'Pleaea make check(s) payable to tho county clerk where the recording is to take place, If the recording is to rake place in New York City, make check(s) payable to the NYC Department of F#~ance. If a recording is not required, send this return and your cheog(e) r'~ade payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RE'CF Return Processing, PO Box 5045, Albany NY 1220,5-5045. Page 3 of 4 TP-584 (3/07) Schedule C -- Credit Line Mortgage Certificate (Tax Law, Article 11) Complete the following only If the interest being transferred is a fee simple interesL I (we) certify that: (check the appropriate box) 1. [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being cord or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: ]The transfer of real property is a transfer of a fee simple interest to a pemon or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of real property is (A) to a person or persons related by blood, man/age or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such rea] property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ~-~ The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. [] The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being cold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain cimumstances. See TSB-M~96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed a~planation). 3. [] The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A chec~ has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert l/bar and page or reel or other ider~iftcation o! the mortgage). The maximum pnncipal amount of debt or obligation secured by the mortgage is , No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county e/ark where deed wi//be recorded or, if the recording is to take place in New York Oily,, make check payabfe to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undersigned cerdfy that the above information contained in schedules A, B, and C, including any return, certification,~schedule, or attachment, is to the best of his/her,J~3~wtsdg~, true and comptste, and authorize the bemon(s) submitting SUlb'"~-f~-m on ~eir behalf to a copy for I~rposes ~ recording th~, de~d or ~ther instrument effecting the con'~ ~ce. Granlor signature THe Grantee signature T~e Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? if you checked e, f, or g in Schedule A, did you complete Form TP.584.1 ? Have you attached your check(s) made payable to tt~ county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to tho Department ~fTaxatlon and Finance, directly to the NYS '['a~ Department, RE'T-r Return Processing, PO BOX .5045, Albany NY t 2205-5045. receive Page 4 of 4 TP-584 (3/07) Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663) Complete the following only If a fee simple Interest or a cooperative unit Is being transferred by an Individual or estate or trust. Part I - New York State residents It y~J are a New York State resident transferor(s)/selier(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must sign the cedificatioo below. ~f one or mere transterors/asllers of the real property or cooperative unit is a resident of NewYork State, each resident transferor/cellar must sign in the space provided. If more space is needed, please photocopy lhis Schedule D and submit as many schedules es necessary to accommodate ali resident transferors/sellers. Certification of resident transferor(s)/seller(s) I ms is [o certmj mat ar tne z~me oi tne .< ~er~t ransrer ot me real property or cooperative unit, toe transreror(s)/seller(s) as s~gnecl below was a resident of I~w York Stamp, and theref( e is n~t required to pay estimatad personal income tax under Tax Law, section 663(a} upon the sale or transfer of thl~raal property or ocopera iveu~it. / ~ John G. Smith 11/29/2011 Signature L~. I J-/_~_.~ Print tull name --- ~ature ~ j Print ~ull name Date Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part ]] - Nonresidents Of NewYork Stele If you are a nonresident of New York State listed as a transferor/selisr in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the appropriate exemption betow. If any one of the exemptions below applies to the transferor(s)/seller(s), that transferor(s)/selleds) is not required to pay estimated personal income tax to New '~rk Stale under Tax Law, section 663. Each nonresident transferor/setter who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sallers. If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Properly Estimated Income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more ink)rmstion, see Payment of estimated personal income tax, on page 1 of Form TP-584-L Exemption for nonreslden! transferor(s)/seller(s) This is to cedify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/asller(s) (grantor) of this real properly or cooperative unit wes a nonresident of New York State, but is not required to pay estimated personal income tax uncler Tax Law, section 663 due to one of the following exemptions: [] The real property or cooperative unit being sc~d or transferred qualities in total as the transferors/seller's principal residence (within the meaning of internal Revenue Code, section 121) fi.om to. (see instructions). [] The transferor/seller is a mortgagor conveying the mor~gagad property to a mortgagee in foreclosure, or in lieu of foreslesure with no additional consideration. ~]The transferor or transferee is an agency or authority of the United States of America, an agency or authority ot the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Peconic Bay Re,on Community Preservation Fund Schedule A Information Relatin~ to Coave),ance ii q'lt [] Imp~¥~d [ J l J 2nI . ] E] Vacant land Schedule B - Community Preservation Fund East Hampton $250,000.00 Lmproved Shela:r Island $250,000.00 Improved Rive~aead $150,000.00 Improved $100.000.00 Vacant Land 0~Mmpmved) $100.000.00 Vacant Land Co,reproved) $100.000.00 Vacant Land (gna~P~ved) $ 75.000.CO Vacam Land (Dnimlnov~l) $ 75.000.00 Vacant L~d Schedule C - (continued) Part !1 - Explanation of Exemption Claimed in Pact 1. line 1 (check any boxes that apply) The conveyance of real property is exempt from the real e~tate t~ans fer tax for the following reason: a. Conveyance is Io the United Nations, the United States of America, t~ae state of New York or any of tbeir instrumentalities, agencies or political subdivisions (or any public coqx>rat/on, including a public coq~oration created pursuant to agreement or compact with another state or Canada) ............................................................................................................ [] b. Conveyance is to secure a debt or other obligation ............................................................................................. [] c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ..................... [] d. Conwyance of real proi~ny is without consideration and not ia connection with a sale. including conveyances conYeying malty ~s bona fide girls .............................................................................................................................. [] e. Conveyance is given in conn~ctinn with a tax sale ............................................................................................. [] L Conveyance is mere change of identity or form of ownership or o~gantzation wbem tbexe is no change in beuel~cial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing coq0orafion of rest property compris/ng the coopamtive dweIling or dwellings.} ............................................................................................................... [] g. Conveyance cousists of deed of partition ......................................................................................................... [] h. Conveyanc¢ ia given pursuant to the federal banloupmy act .................................................................................... [] granting of an option to purchase real prepay with{mt the uae or occupancy of such propurty .......................................... [] j, Conveyance or re, al properly which is subject m re~;tricfions which prohibit the use of th~ ellfir~ property for any p~ except agricuhur~, recrealion or cons~vation, pursuant to Section 1449-e,~ (2) 0) or (k) of ACdcle 31-D of the Tax Law. (See required Town ap{xoval, below) ............................................................................................................... [] Article 31 -D of the Tax law. (See j in Schedule C) Town Attorney or other d~gnat~ official Penalfiez and Interest Penalties Interest Ally granlor or grantee fniling to file a return or to pay any tax within Daily conqxmnded interest will bo cha~ed on the ~t of the the time required shall be subject to a penalty of 10% of the amount tax due not paid within the time required. of tax due plu~ an interest penalty of 2% of such amount of *ach month of delay or fraction thereof after the expiration of the first month after such rettwn was reqnired to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Signature (both the grantor(s) and grantee(s) must sign). PLEASE TYPE OR PRESS FIRMLY WHEN WRmNG ON FORM INSTRUCTIONS: http://www, orps,state.ny.us or PHONE {518) 473-7222 REAL PROPERTY TRANSFER REPORT RP - 5217 I FOR Cou~rP¢ USE ONLY C1. SWI~ Code m. D~, ~.,d..o~d I I I I £ j I J I I I C~RT~R~330N I NEW YORK STATE PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAH.1NG ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 2, 2011 Alexander Crawford, Esq. 8 South Gate Shoreham, NY 11786 Re: Proposed Lot Line Modification for Mellas and Smith Suffolk County Tax Map #1000-79-6-4.6 & 29 Dear Mr. Crawford, At the October 31,2011 Work Session, the Planning Board accepted the submitted draft deeds and agreed to consider the application for a Final Approval at the November 14, 2011 Public Meeting. If you have any questions regarding this, please feel free to call me. Very truly yours, Alyxandra Sabatino Planner CC: Richard and Patdcia Mellas John Smith Planning Board annin,q Board Work Session Pa,qe Two October 31,2011 P~0j~i n~ ~e~n E ~v~n M~ibm~k store to a 2,670 s.f. convenience store (constructing a 685 s.f. addition) on a 24,829 s.f. parcel in the B Zone located on the n/e corner of Facto~ Avenue & NYS Route 25, Ma~tuck Act on Review request for fna s te ns~ect on. Southold D~sc~ip[i~ ~ ~i~ ~aI i~ a ~[~ ~ ~ ~ ~ [~ subd vide a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of prese~ed Open Space, and Lots 3 4 &5=07ac ntheR-80ZonngDistrict. Status: Cond t ona Sketch A~roval . Act on Rev ew ssues rased at the pub c hearing. Attachments Staff RepoA Des~i~{iG~ Y~is Li ' H GgG iim {~sfer 9,626 sq. ff from SCTM~1000-79-6-4.6 to SCTM~1000-79-6-29. Lot 29 will increase from 15,000 sq. ~. to 24,626 sq. ~., and Lot 4.6 will decrease from 96,747 sq. ft. to B7,929 sq. ff Lot 29 is located in the R~0 Zoning District and Lot 4 6 s ocated n the A-C Zoning District. Status: Pending Attachments .Staff Rep0~ P~0je~t ~ Locat on Mattituck Creek and M Road Ma~ituck borders Ma~ tuck Creek n the R-80 Zone. One residence alread~ exists. Status Pending Act on Rev ew maps submiBed. Attachments Staff Locatio01 Map!~ L~ne, S°uth~!~ Description: This proposal is for a 3 lot standard subdivision in the R-40 Zoning District. Status; ; Pre-subm!s~i~n Action; . ~!eTM concePt P!~n sub~!~C!: AttachmentsI Sta~ ~port PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 19, 2011 Alexander Crawford, Esq. 8 South Gate Shoreham, NY 11786 Re: Close Public Hearing: Proposed Lot Line Modification for Mellas and Smith Suffolk County Tax Map #1000-79-6-4.6 & 29 Dear Mr. Cmwford: A public hearing was held by the Southold Town Planning Board on Monday, October 17, 2011 regarding the above. The public hearing was closed. If you have any questions regarding this, please contact this office. Very truly yours, Mar~in H. Sidor Chairman Submission Without a Cover Letter Sender: Subject: SCTM#:IO00- ~c~ -Co- u~ G * ~_c~ Date: Comments: (~t~o~t'5 made-40 g~e Peed · '* cONSULT YOUR LA~ ~EFORE SIGNING THIS INSTRUMENT*THiS INSTRUMENT SHOO USED BY LAWYERS ONLY THIS INDENTURE, made the day of October BETWEEN JOHN G SMITH, residing at 935 Jacobs Lane, Southold, New York t 1971 2011 party of the first part, and RICHARD MELLAS and PATRICIA MELLAS, his wife, both residing at $40 Co on a Road, Southold, New York 11971 pady of the second part, WITNESSETH, that the par~ of the first pad, in consideration of ten dollars paid by the pad/ 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 in the Town of Southoid, County of Suffolk and State of New York, being and more particularly bounded and described as set fodh on Schedule A hereto. Being and intended to be pad of, or a podion of, the premises conveyed to Grantor herein by deed dated 2/01/1999 and recorded 2/24/1999 in Liber 11947 Page 616, made by HMM Realty, Ltd, a New York corporation The Southold Town Planning Board approved the lot line modification being implemented by the recording of this deed by resolution adopted on October 17,2011 By accepting this deed, the party of the second pad acknowledges and agrees that the premises conveyed hereby shall merge with and become a part of other premises of the party of the second pad adjoining the premises conveyed hereby (to wit, premises designated on the Suffolk County Tax Map as District 1000, Section 29, Block 6, and Lot 29) and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. A perimeter description of said merged parcel is set forth on Schedule B hereto and an excerpt from the lot line change map approved by the Planning Board of the Town of Southold depicting the authorized land transfer is set forth on Schedule C hereto TOGETHER with all right, title and interest, if any, of the pady 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 a~l the estate and rights of the party of the flrsl part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second parl, the heirs or successors and assigns of the party of the second part forever AND the party of the first par[ covenants that the party of the first par~ has not done or suffered anything whereby the said premises have been encumbered ~n a~y 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 t~Jst 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 to~al of the same for any other purpose The word "pady" shall be construed as if it read "parties" when ever 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 John G Smith Form 3290 Legal Description New Mellas Lot Beginning at the Point and or Place of Beginning, said point being 187.13 feet southerly from the intersection of the corner formed by the northerly line of Liberty Lane and the easterly line of Colonial Road. And running thence from said 9oint and or place of beginning along the land of Ricky Palumbo and Marianne Palumbo the following two courses and distances; (1)South 61018'30'. East, a distance of 100.0© feet; thence {2) North 28041'25.. East, a distance of 9.73 feet to the land of James Hudson and Christina Hudson thence along said land South 61035'20.' East, a distance of 60.21 feet to the Northeast corner of land of John Smith; and running thence along the westerly line of said land South 28041'30" West, a distance of 160.02 feet to the northerly line of land of Edward Connaughton and Florence Connaughton and thence along said land North 61°18'31" West, a distance of 160.21 feet to the easterly line of Colonial Road; thence along the easterly line of Colonial Road North 28041'30'. East, a distance of 150.00 feet to the aforesaid Point and or Place of Beginning. Containing 24,626 S.F. OR 0.5654 ACRE Legal Description New Smith Parcel Beginning at the Point and or Place of Beg£nning; said peint being Seuth 28°24'40.. West, a distance ef 991.72 feet frem the in~ersectien formed by the seutherly line ef N. 8ayview Rd. and the Westerly line of Jacobs Lane. Running thence £rem said Point and or Place ef Beginning aleng the Westerly side of Jacobs Lane South 28024'40" West, a distance ef 180.45 to the land ef Richard Johnson and Pamela Haino, and thence along said la,id and alse land of Carel P. Scott North 59°30'20" West, a distance of 481.52 feet to the land of Edward Connaughton and Florence Connaughton, thence along said land the following two courses and distances (1)North 31°22'20" East, a distance of 2.79 feet; thence (2) North 61°18'30" West, a distance of 28.65 feet to the land of Richard Mellas and Patti Mellas, thence along said land North 28041'30.' East, a distance of 160.02 feet To the land of James Hudson and Christina Hudson and running thence along said land Souuh 61°35'20" East, a distance of 508.92 feet to the Westerly line of Jacobs Lane and the aforesaid Point and or Place of Beginning said property. Containing 87,121 s.f. or 2.0000 Acres ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE Sta~e of New York, Cotmi~ of Suffolk · ss¸ ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of New York, County of , ss On file day of th tile year , before lue, the undersigned, a Notary Pnbbc in and fol said State, personally appeared , file subscribing witness 1o the foregoing ~nstmmenh with whom I mn personally acquainted, who, being by me duly swum, did depose and say that be/she/they res}de(s) in that he/she~they know(s) Io be the individual described in and who executed the foregoing iI1 si fument~ that said subscribing w ¢P.I ess was present and saw said execme tile salne; and ilia[ said WiBleSS at the same rime subscribed his/her/theP name{s) as a witness lherelo ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York, Cotmi¥ of , ss On the day of in tile year me, the undersigned, personally appeaied · pelsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name{s) is (are) subscribed to the wrihin Pis [111111 enI and acknowledged to me that he/she/they executed the same in hisdler/their capacity(les), and that by his/her/1heir signature{s) on die instrument, the individual(s), or the person upon behalf of which the individual(s) acled, executed file ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK SLATE *State of , County of , ss *(Or insert District of Colttmbia, Territory, Possession or Foreign On tile day of in tile year before me the undersigned personally appeared Personally known to me or proved to me on tile basis of sap sfactory evidence to be the mdryidual(s) whose name{s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the sm'ne in lbs/her/their capaci[y(ies), thai by hi¢~er/their signathre{s) on the instrtnnent, the individual(s) or the person upon behalf of whed~ the individual(s) acled, executed the instalment, and that such individual make such appearance before the undersigned in the (add the city or political subdivision and tile state or country or other ,lace tile acknowledgement was taken) Bargain and Sale Deed with Covenants Title No. TO DISTRIBUTED BY SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: Richard Mellas and Patricia Mellas PO Box 1779 Southold, New York 11971 >> ? ? 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 /~,~,v: 0~,~ 17, 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 e. very property which abuts and every property which is across on <~o/cra, ~,/ ~'c~ ~' Your N a ~(pri~ Signatur-e-~ ~ Address Date Notary Public MARY JENNIFER DROWER Notary Public, ~;a~ of Ne~t York Qualified In Sulfolk County ,,_ OCT PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 10114111 Re: Proposed Lot Line Chanfle for Mellas and Smith SCTM#s: 1000-79-6-4.6 & 29 Date of Hearing: Monday, October 17, 2011, 6:00 p.m. le item~ 1,2, and 3. Also camplete Restricted Delivery Is desired. ~r name and address on the reverse we can return the card to you. his card to the back of the mailpieca, s front ff space permits. I ? - D. Is delivery address diffem~ ~ item 17 [] Yes If YES, enter daiivery address below: []No J~OerUfled Mail [] I~ Mail ,,ua ~20~' Domestic Return Rec~!pt ~e items l, 2, enda. Also complete * S'4~~ ~ [ h ~--~ ' ~r n~e md ~d~ on the mv~ [ ~ ~, ~m th~ ~ m you. BY~ ~his ~ to the ~ck ~ the m~lpi~e, ~d~ ~: If ~S, ~r d~ a~ ~w: ~ot~t+ ~e~e '~ 80 2011) lO3O 3~o~ Lq~e ~ _ ~'-./ ~ ~m ~ for Me~h~ ~ In~ M~I ~ O.O.D. 4. ~ ~1~ ~ ~) ~ Y~ qum~r ..... ~ 3 i / ~ 7010 0290 0002 8967 0311 Total Poslage & Fees =~'~ O.,-'~k~ [~'~i/~ ............... ~ ~p~ ~}~;~' - - ...... ~ ............................... ~ [~[~oeo~o. ~N~ ~u~u,eu~ ~ ............................ / · Complete items 1, 2, an~mplete item 4 if Restricted DelNery 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 fi'est if space permits. 1. A~ticleAddressedto: [] Agent X ~~2~ []Addressee B. Recaivedby(Prlnt~dName) Ic. Date of Delivery 'l 4. Res~cted Delive~j? irE. xtra Fee) [] yes 2. Article Number PS Form 3811, February 2004 ~Domesfic Return Receipt · Complete items 1,2, and 3. Also con,plate A. SJo~etur~.4 · Print your name and address on the reveme so that we can return the card to you. B. Received by (P~nteci ~e), · Attach this cad to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address diffemntrtf~ol If YES, enter daiivery ~ddre~e 102595-Q2-M-1540I .d~nt f eq 3. Service lype ~,-I~Ieltified Mail [] I~ Mall Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yea 2. Article Number ~'~r ~ seneca/~ 7010 i PS Form 3811, February 2004 · Complete lterns 1.2, sod 3. Also complete item 4 if Restflcted Dellvely Is desired. · Print your narue and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front ff spaca permits. 0290 0002 8967 0359 Date of Delivery D. Is de~h~ery eddmss d~ Yes ff YES,. enter delivery~o [] Insured Mail [] C.0.Di 4. Restricted Delivery? (~ba Fee) [] yea 2. A~lcle Number ~t~ 7010 0290 0002_~ 8967 PS Form 3811, February 2004 Domestic Return Receipt Submission }Yithout a Cover Letter Sender: Subject: SCTM~: Date: Co~ents: THIS INDENTURE, made the day of BETWEEN JOHN G SMITH, residing at 935 Jacobs Lane, Southold, NY 119,'1 September 2011 party of the first pad. and RICHARD MELLAS and PATRICIA MELLAS, his wife, both residing at 340 Colonial Road, Southold, New York 11971 party of the second part, WlTNESSETH, thai the pad,/of the first part, in consideration of ten dollam 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 in the town and hamlet of Southold, New York. Beginning at the Point or Place of Beginning; said point being South 28 degrees 24'40" West. a distance of 991.72 feet from the intersection formed by the southerly line of N. Baa, iow Road and the westerly line of Jacobs Lane. Running Ihence from said Point and or Place of Beginning along the westerly side of Jacobs Lane South 28 degrees 24'40" West, a distance of 180.451o the land of Richard Johnson and Pamela Maino, and thence along said land and also land of Carol P. Scott Nodh 59 degrees 30'20" West, a distance of 481.52 feet to/he land of Edward Connaughton and Florence Connaughton, thence along said land the following two courses and distances (1) Nodh 31 degrees 22'20" East, a distance of 2.79 feet; thence (2) North 61 degrees 18'30" West, a distance of 28.65 feet to the land of Richard Mellas and Patdcia Mellas, thence along said land North 28 degrees 41'30" East, a distance of 160,02 feet to the land of James Hudson and Christina Hudson and running thence along said [and South 61 degrees 35'20" East, a distance of 508.92 feet to the Westerly line of Jacobs Lane and the aforesaid Point and or P~ace of Beginning. Said proepdy containing 87,121 square feet or 2.0000 acres. Said premises being part, or a portion of, the premises conveyed to Grantor herein by deed dated 2/01/1999 and recorded 2/24/1999 in Libor 11947 Page 616, made by HMM Realty, Ltd., a New York corporation. The Southold Town Planning Board approved this ~ta line modification by resolufion on .... 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 dghts 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 pady 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 promises have been enc~Jmbered 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 pad,/of the first part will receive the consideration for this conveyance and will hold the dght 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" when ever 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 wdtten. IN PRESENCE OF: John G, Smith Standard NYBTU Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts- Uniform Acknowledgment Form 3290 ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE On ~he day of in the year g011 before me, the undersigned, personally appeared John G. Smith personally known to me or proved to me on tbe basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subsc~bed to the wrihin msmtment and acknowledged to me dlat he/sheYthey executed the same m his/berghthr capacity(ies), and tbat by bis/her/their signature(s) on the instrument, lhe individual(s), or the person upon behalf of which the individual(s) acted, execnted Ibc instrument ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of New York, County of · ss¸ On tbe day of in the year before ~ne, the tmdersigned, a Notary Pubgc in and for said State, personally appeared tile subscribing wkness to rite foregoing instmmenh with whom I am personally acquainled, who, being by me duly sworn, did depose and say that he/sheYtbey reside(s) in tbat he/she/~bey know(s) to be the thdividoaI described in and who executed the foregoing instalment; that said subscribing wmless was present and saw said ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE On the day of ~ in the year before me, the undersigned, personally appeared pcrsonaUy know n tO me or proved to me on tile basis of satisfactory evidence to be tbe individual(s) wbose nmne(s) is (are) subscribed to the within insWamem and acknowledged to me that be/sheYthey executed the same ill Irisd~er/tbeir capacity(les), and that by biffhefftheir signaturels) on the instmraent, the individual(s), or the person upon behalf of which tile individual(s) acted, enecttted tile instrument ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE *State of , Counly of · ss: On the day of in theyear g011 before me, the undersigned personally appeared evidence to be the individual(s) whose name(s) is (are) subscribed to within instrument and acknowledged to me that beYshe/tbey executed the same in his/ber/ththr capaciiy(ies), that by his/beffththr signature(s) on the instrument, tbe individual(s) or the person upon behalf of which the individual(s) acted, executed tbe instmmem, and that such individual ma~e snch appearance before the undersigned in the (add the ciiy or political sobdivisioo and tile state or ¢o[l~lh~ or other >lace the acknowledgement was laken) Bargain and Sale Deed With Covenants Title No. $Tli-119tl Smith TO Mellas DISTRIBUTED BY SECTION BLOCK LOT COUNTY OR TOWN RETURN BYMAIL TO: Mr.&Mrs. RichardMellas P.O. Box 1779 Southold, NY 11971 To: The Southold Planning Department MARY JENNIFER DROWER Not~y Pul)ilo, ~ of New York Qualified in Suffotk Counl~ ,//// 1, John G. Smith, owner of the property identified as SCTM# 1000-079.00-04.00-004.006 located in Southold, NY, - also known as 935 Jacobs Lane, Southold, NY - hereby authorize Richard Mellas, Patricia Mellas, and Alexander Crawford, Esq., to act as my agents and process/file/execute all necessary documentation and work involved in the application for subdivision/site plan proces~ conq67'~ the! above-described premises that has been submitted to the Southol ) Plann7 Boar~/~] t~r John G. Smith Be ~e persm;~ally appeared John G. Smith on ti~s the /$~w day of September. 2011 #10403 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 6th day of October, 2011. Sworn to before me this week(s), successively, commencing on the Principal Clerk LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Se. etlon 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing ~ be held by the Southold Town Planning Board; at the Town Hall, Main Road, Southotd, New York on the 17th day of Oetober, 2011 on the question of the foRowing: 6:00 gm. Proposed Lot Line Modifi- cation for Mellas & Smith located at 935 Jacobs Lane & 340 Colonial Road, 991.72' n/e/o North Bayview Road, Southold, Town of Seuthol~l~ County of Suffolk, State of New York.'Slfffolk County Tax Map Numbers 100e-79~0-4.6 & 29 6:02 p.m. Proposed Site Plan for the G.W. Meade Farm located at 1375 Ackerly Pond Lane, 1,100'± w/o Lower Road and Ackerly Pond Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 6:04 p.m. Proposed Site Plan for C~s- tal Clear Cleaning Co~p. located at 1335 New Suffolk Road, 1300' +/- south of NYS Route 25 & New Suffolk Road, C~tcho~ue, Town of Southold, County of Suffolk, State of New York. Suffolk Coun- ty~tx Map Number 100~109-7-9.3 Dated: 9/29/1f BY ORDER OF THE SOIJTHOLD TOWN PLANNING BOARD Martin H. Sidor C~aL~man 10,403-1T 10/6 CHRISTINA VOLINSKI ~'OTARY PUBLIC-STATE OF NEW YORK No, 01.V06105050 Qualified in Suffolk County PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southo]d, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public 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 17th day of October, 2011 on the question of the following: 6:00 p.m. Proposed Lot Line Modification for Mellas & Smith located at 935 Jacobs Lane & 340 Colonial Road, 991.72' n/e/o North Bayview Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-79-6-4.6 & 29 6:02 p.m. Proposed Site Plan for the G.W. Meade Farm located at 1375 Ackerly Pond Lane, 1,100'+ w/o Lower Road and Ackerly Pond Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-5-7.1 6:04 p.m. Proposed Site Plan for Crystal Clear Cleaning Corp. located at 1335 New Suffolk Road, 1,300' +/- south of NYS Route 25 & New Suffolk Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-7-9.3 Dated: 9/29/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 6, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott [cschott@timesreview.com] Sent: Friday, September 30, 2011 10:19 AM To: Kalin, Carol Subject: RE: Additional Hearing for 10/6 edition Hi Carol, We are good to go. Thanks and have a great weekend! Candice From: Kalin, Carol [mailto:CamI.Kalin@town.southold.ny.us] ~ent: Thursday, September 29, 2011 9:54 AM To: tr-legals Subject-' Additional Hearing for 10/6 edition Importance: High The Planning Board added another hearing, Crystal Clear Cleaning Corp. Site Plan, to the agenda for 10/17/11. Please replace the legal ad submitted earlier with this revised one and print in the October 6th edition of the Suffolk Times. Sorry for the inconvenience. A confirmation, as you usually send, will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone:(631)765-1938 Fax: (631)765-3136 Carol.Kalin~town.southold.ny.us 9/30/2011 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWAI~DS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southo]d, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N-Y Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public 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 17th day of October, 2011 on the question of the following: 6:00 p.m. Proposed Lot Line Modification for Mellas & Smith located at 935 Jacobs Lane & 340 Colonial Road, 991.72' n/e/o North Bayview Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-79-6-4.6 & 29 6:02 p.m. Proposed Site Plan for the G.W. Meade Farm located at 1375 Ackerly Pond Lane, 1,100'+ w/o Lower Road and Ackerly Pond Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-5-7.1 6:04 p.m. Proposed Site Plan for Crystal Clear Cleaning Corp. located at 1335 New Suffolk Road, 1,300' +/- south of NYS Route 25 & New Suffolk Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-7-9.3 Dated: 9/29/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 29th day of September, 201t she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road~ Southold~ New York 10/17/11 Regular Meeting: 6:00 p.m. 6:02 p.m. 6:04 p.m. Public Hearing for the proposed Lot Line Modification for Mellas and Smith, SCTM#1000-79-6-4.6 & 29 Public Hearing for the proposed Site Plan for the G.W. Meade Farm, SCTM#1000-69-5-7.1 Public Hearing for the proposed Site Plan for Crystal Clear Cleaning Corp., SCTM#1000-109-7-9.3 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this NIE DOR08KI ~ ,'F~,~,, Yo~ NOTARY PUBLIC, State of New ~ NO. 01D04634870 C°~J~[C~ 0 Commission ~ires September 30, ~ PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public 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 17th day of October, 2011 on the question of the following: 6:00 p.m. Proposed Lot Line Modification for Mellas & Smith located at 935 Jacobs Lane & 340 Colonial Road, 991.72' n/e/o North Bayview Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-79-6-4.6 & 29 6:02 p.m. Proposed Site Plan for the G.W. Meade Farm located at 1375 Ackerly Pond Lane, 1,100'+ w/o Lower Road and Ackerly Pond Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-5-7.1 Dated: 9/14/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 6, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPYSENT TO: The Suffolk Times Page 1 of l Kalin, Carol From: Candice Schott [cschott@timesreview.com] Sent: Thursday, September 15, 2011 9:29 AM To: Kalin, Carol Subject: RE: Legal Ad for 10/6 edition of Suffolk Times Hi Carol, I have received the notice and we are good to go for the 10/6 issue of the Suffolk Times. Thanks and have a great Thursday! Candice Fr~m: Kalin, Carol [mailto:CaroI.Kalin@town.southold.ny.us] ~ent: Wednesday, September 14, 2011 10:25 AH To.' tr-legals Subject-' Legal Ad for 10/6 edition of Suffolk Times Please print the attached legal ad for the 10/17/11 Planning Board Public Hearings regarding the Lot Line Modification for Mellas & Smith and the Site Plan for the G.W. Meade Farm in the October 6, 2{)!1 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol. Kalin~town.southold.ny.us 9/15/2011 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southo]d, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public 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 17th day of October, 2011 on the question of the following: 6:00 p.m. Proposed Lot Line Modification for Mellas & Smith located at 935 Jacobs Lane & 340 Colonial Road, 991.72' n/e/o North Bayview Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-79-6-4.6 & 29 6:02 p.m. Proposed Site Plan for the G.W. Meade Farm located at 1375 Ackerly Pond Lane, 1,100'+ w/o Lower Road and Ackerly Pond Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-5-7.1 Dated: 9/14/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 14th day of September, 2011 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, $3095 Main Road, Southold, New York 10117/11 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Lot Line Modification for Mellas and Smith, SCTM#1000-79-6-4.6 & 29 6:02 p.m. Public Hearing for the proposed Site Plan for the G.W. Meade Farm, SCTM#1000-69-5-7.1 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of~'-~t)~/~, 2011. Notary Public MELANIE DOROSKI NOTARY PUBLIC. State of New Yod( No. 01D04634870 Qualified in Suffolk County ..-~ ~,,~ L~ C°mmissi°n Expires September 30r'~Lt )~ \ PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 September 13, 2011 Alexander Crawford, Esq. 8 South Gate Shoreham, NY 11786 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re; Set Public Hearing: Proposed Lot Line Modification for Mellas and Smith Located at 935 Jacobs Lane & 340 Colonial Road in Southold SCTM#1000-79-6-4.6 & 29 Zoning District: A-C & R-40 Dear Mr. Crawford: The Southold Town Planning Board, at a meeting held on Monday, September 12, 2011, adopted the following resolution: WHEREAS, this proposal will transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District; therefore, be it RESOLVED, that the Southold Town Planning Board sets Monday, October 17, 2011 at 6:00 p.m. for a public hearing regarding the map dated June 1, 2011, prepared by John C. Ehlers, Land Surveyor. Please refer to the enclosed copy of Chapter 55, 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 Annex. Please return the enclosed Affidavit of Postin,q along with the certified mailinR receipts AND the signed ~lreen return receipt cards before 12:00 noon on Friday, October 14th. The si,qn and the post need to be returned to the Plannin,q Board Office after the public hearinR. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Lot Line Change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-79-6-4.6 & 29; 3. That the property which is the subject of this application is located in the A-C and R-40 Zoning Districts; That the application will transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. The property is located at 935 Jacobs Lane & 340 Colonial Road, 991.72' Northeast of North Bayview Road, Southold; 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. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol. Kalin@town.southold.ny.us; The office will be closed on Monday, October 10, 2011. That a public hearing will be held on the matter by the Planning Board on Monday, October 17, 2011 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Richard & Patricia Mellas and John Smith Date: 9/13/11 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 AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noont Fri. 10/14/11 Re: Proposed Lot Line Change for Mellas and Smith SCTM#s: 1000-79-6-4.6 & 29 Date of Hearing: Monday, October 17, 2011, 6:00 p.m. Town of $outhold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this s~tion shah apply..Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication ofnotice. The reviewing boardor commission shall cause a notice givin~ the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or _r~l. uested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided bythe Town, which ~hall be prOminently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the'time and place of the public hearing thereon. The sign shall be.set back not more ~ 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of tl!.e public hearing. The applicant, petitioner or his/her agent shall file an affidaVit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property, which abuts and every property which is across from any p .ublic or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days Pfio~' to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on thc local assessment roll. The notice shall include description of the street location and atv~ of the subject property, nature of relief or approval involved, and date, time and place of i~esring. The applicant, petitioner or agent shall file au affidaVit that s/he has complied with this pwvision prior to commencement of the public hearing. ' MELLAS, RICHARD & PATRICIA AND ~MITH, JOHN LOT LINE CHANGE FOR MELLAS & SMITH 1000-79-6-4.6 & 29 Lot Line Change to transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to ~CTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District. MONDAY - OCTOBER 17, 2011 - 6:00 P.M. UNE 1.1A N HOG NECK SECTION NO ..... NOTICE COUNTY OF SUFFOLK I~) -z:~-- --~=,~ ~ (21) (~) ........ Real Pm wi~ Agenw 88 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWAi~DS JAMES H. RICH III DONALD J. WILCENSKI PLANNIkNG BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 September 1, 2011 Alexander Crawford, Esq. 8 South Gate Shoreham, NY 11786 Re: Proposed Lot Line Modification for Mellas and Smith Suffolk County Tax Map #1000-79-6-4.6 & 29 Dear Mr. Crawford: At their August 29th Work Session, the Planning Board accepted the above application for review. Please submit the following so we can continue processing your application: 1) An authorization form from John Smith (sample letter enclosed); 2) Draft deeds which include references to the Planning Board stated in the Re- subdivision Application Checklist of the Lot Line Modification Application Packet (enclosed). If you have any questions regarding this, please feel free to call me. Very truly yours, Alyxandra Sabatino Planner CC; Richard and Patricia Mellas John Smith Planning Board Encl. Sample Authorization Letter Lot Line Modification Packet Applications S~U WORK SESSION AGENDA e THOLD TOWN PLANNING BOARD Monday, August 29, 2011 4:00 p.m. Project name: Bull Priscilla i SCTM#: 1000-20-1-1.4 & 1.5 Locationl ~!'!~n~ Description: This 75/75 Conservation Subdivision proposal will subdivide a 19.52 acre parcel into 3 lots where Lot 1 = 2 acres, Lot 2 = 3 acres (including a 1.66 acre r.o.w.), and Lot 3 = 14.44 acres of preserved agricultural land - the . Develop~en~.Ri.ghts. w~resold t9 Suffolk County~ Statusl (~o.nd!tiona! Sketch A@pm~a! Action: Rev. iew [efe[[a!.~ Project name: ~ri~ ~99 ..... i. SCTM#: 1000-140-2:18 Location: 730 Love Lane Mattituck Description: This site plan is for a proposed outdoor antiques flea market to accommodate 10 vendors where a two-family (1,750 s.f.) dwelling and the Iron Skillet food establishment exist in the Hamlet Business Zoning District on .75 acres. ~ction: j Accept for r~vie~: Attach~gt~i L.i~ Location: ,5410 Youngs Avenue, on the west and east sides of Young's Avenue, ! south of Old North Road in Southold Description: This proposal is for an 80/60 clustered Conservation Subdivision on 21.5978 acres of land (SCTM#1000-55-1-5.1 and 1000-55-2-8.5) into seven (7) lots where Lot 1 = 43,904 sq. ft., Lot 2 = 40,001 sq. ft., Lot 3 = 40,604 sq. ft., Lot 4 = 55,211 sq. ft. inclusive of a 13,364 sq. ft. r-o-w, Lot 5 = 7.33 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County, Lot 6 = 9.45 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County and Lot 7 = 30,000 sq. ft. and will be dedicated to the !own 9f. Sou~t~o d fo~ dm nage purposes. Status: ! Conditional Sketch Appmva! Action: Rev ew for Conditional Final Approval at 9/12/11 Public Meeting. Project name Mellas & Smith SCTM#: 1000-79-6-4.6 & 29 Location: 935 Jacobs Lane & 340 Colonial Road, Southold Description: . This proposed Lot Line Change will transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot Status: Action: , Accept for review. Attac~gts~ ~ Proiect Status Report for Re. Subdivisions (Lot Line Chan,qes) Application Dates Pre-Submission Conference Application Received ~ 'J ~ I~,~ 0.~, Application Fees Paid '7/~/,J / Application Reviewed at Work Session '/ '/'r Fire Department Comments En~q near Conference SEQRA Coordination Public Hearinq Waived Public Hearinq Date /~//~,/// Final Map Routing: Tax ^,aeaaor, Building Department Land Preservation Highway Department SC Planninq Commission Referral SC P ann nq Commission Comments Conditional Final Approval Final Approval i l,//~k/ Additional Notes: South~l Planning Department Staft~eport Subdivision Application Work Session Review Date Prepared By: I. Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: II. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: II1: Action to review 10/31 / 11 Aly Sabatino Mellas and Smith Richard and Patricia Mellas 07/07/11 1000-79-6-4.6 & 29 340 Colonial Road and 935 Jacobs Lane Southold R-40 and AC Lot Line Modification 2.5654 2 Review Draft Deeds and recommend Final Approval. IV: Analysis This lot line modification is transferring 9,626 sq. ft. to make the preexisting non- conforming Lot 29 more conforming. This is in keeping with the Town's Comprehensive Plan because it is extending Lot 29 from 15,000 square feet to 24,626 square feet and keeping the designated minimum lot coverage of Lot 4.6 at 87,121 which is conducive to the AC zoning. V: Staff Recommendations · Accept draft deeds. · Recommend Final Approval and a SEQRA determination for the November 14th meeting. Southi~ld Planning Department Sta~IF~,eport Subdivision Application Work Session Review Date Prepared By: I. Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: I1. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: II1: Action to review Staff Completeness Review IV: Analysis 08/22/11 Aly Sabatino Melias and Smith Richard and Patricia Mellas 07/07/11 1000-79-6-4.6 & 29 340 Colonial Road and 935 Jacobs Lane Southold R-40 and AC Lot Line Modification 2.5654 2 This lot line modification is transferring 9,626 sq. ft. to make the preexisting non- conforming Lot 29 more conforming. This is in keeping with the Town's Comprehensive Plan because it is extending Lot 29 from 15,000 square feet to 24,626 square feet and keeping the designated minimum lot coverage of Lot 4.6 at 87,121 which is conducive to the AC zoning. V: Staff Recommendations The application is complete. Accept the application for staff review and processing, and refer it out to the Town Engineer. SOUTHOLD PLANNING DEPARTMENT Re-subdivision (Lot Line Modification) Application Form APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: ' ~- 1. Original SubdivisionName ,'~t{Otl ~ei,Sia~ al~d ~rouile¥ ~'-~h~e3 ~ ~ 2. Suffolk County Tax Map # (include all tax map parcels involved) 3. Hamlet L~,~ (Jo ~ ~ 8. Please provide the names, addresses and phone numbers for the following people: Applicant: Re-Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: Property Owner(s): Cou~eyor; Engineer: ~,'vrrl~?~d: IJV llqOt A tlorney: ? 5~,.4h 63t, '"/'-/ff ~ o 3o6 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. ~hiM oo(0,~4 ~cre Jo4. We ~o~.[d I,ke ~ add mere acreage 2 Re-Subdivision Application Form 10. DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? (b) Affect any area reserved for public use? (c) Diminish the size of any lot? ~/'~'5 (dj Create an additional building lot? (e) Create a nonconforming lot? (f) Require a variance from the Zoning Board of Appeals? (g) Impact the future planning of the subject properties? .~t~ ll. Does the parcel(s) meet the Lot ~.ecognit!on standard in Town Code §280-9 Lot Recognition? Yes . No ~'. If"yes', explain how: 12. Does this application meet the standard in ~ 240-57. Waiver. adjustment of prooerty lines to waive the subdivision process? If so, please provide the name and date of the original subdivision. /VQ 13. Application completed by ~:~]~owner [ ] agent [ ] other 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 pursuant to Town Code ~ 240-57. Waiver~ adiustment of property lines. 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 widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. Signature of Preparer// {~ '~4..~ Date 3 Re-Subdivision ~4pplication Form Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to prm,ide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. last name, fi~ 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 's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdi'dsion Plat v/LoCLiae,alc, d, Planmng Site Plan Other (Please name other 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, mamage or business interest. "Business interest" means a business, including a pzmnership, in which the town officer or employee has even a partial ownerslfip of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes ~/No If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the To~n of Southold ~,~ ha rd (,'~ /Hq I Iq3' Title or position of that person L~ t~'O ~ ~ ,~r [? ¢~ ~ ~ ~, ~.~ga.,~eo4 gTj'~.~aj~ r ) Describe the relahonship between yourself (the apphcant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, 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 noncorpomte entity (when the applicant is not a coqooration); C. an officer, director, partner or employee of the applicant; or __ D. the actual applicant Description of Relationship: Submitted this ~ day o~J_~L 201 I Silage PrintName glc~ard K-', Disclosure Form July 6, 2011 We, Richard and Patricia Mellas, owner of the property identified as SCTM#1000-79-6-29 in Southoid, NY, hereby authorize Alexander Crawford, Esq. to act as my agent on the property of SCTM#1000-79-6- 4.6 owned by John G. Smith in Southold, NY in which we, Richard and Patricia Mellas, are looking for a lot line modification incorporating 0.22 of an acre from John Smith's existing 2.22 acres. This 0.22 of an acre will be added to our current 0.34 of an acre to create a new acreage of 0.5654 of an acre for Richard and Patricia Mellas. Alexander Crawford, Esq. will handle all necessary work involved in the subdivision process with the Southold Planning Board. DIST. 1000 SECT. 079.00 BLOCK 6.0O LOT 004.006 3290 CONSULT YOUR LAWYER B~-~ORS ~IGNING THIS INSTRUMEHT--THIS INSTRUMSNT SHOULD IS USeD BY LAWYERS ONLY. THI~ INDENTURE, made thc / ~'- . day of .... /. nineteen hundred aud ninety-nine BETWEEN HMM Realty, Ltd., a domestic corporation with an office at c/o Mark D. Mermel, 1225 Franklin Avenue, Suite 102 Garden City, New York 11530, Farty of thc first part, and John G. Smith, an individual residing at 465 Town Harbor Lane, Southold, NY 11971 LOT p~r,r of ,he second WI~ESS~H~ d~at ~ p~y of d~c ~ paz~,.in consi~cration of Ten ~lia~s a.~ otl~c~ ~lu~Me considera6on paM br thc paf~y of d~e ~cond pail d~s hereby grant and rclose unto ~he party of ~hc second par~. ~he heirs o~ st~c~rs and a~igns of the party of the ~o~ ~t forever, ALL that certain plot, plccc or parcel of land, with thc huildin.~ ~nd improvcmcms d~ctcnn erected, slm~rc, lylngand Iwing ~ a~ SouChold, in' the ~own of Soa~hold, County of Suffolk, S~aCe oE Hew York, known and designates as shown on a cer~aln asp entitled which said map was ~ilea on Dece~er ~2, ~986 in the Off,ce of ~he ~ounCy C~erk of SufEolk County as~ap ~o. 8236. BEING AND INTENDED TO BE a portion of the premises conveyed to the party of the first part by Deed 'from Riverside Homes Inc., dated 5/20/97, recorded 7/3/97 in Liber 11838, Page 912. Said conveyance is made with the unanimous consent of the shareholders. TOGETIIER with all rigl,t, title and interest, it any, of thc par~y of thc first part in and to ,ny streets and roads nbmting the sbt)vt described pretni~s ,o the center lines cheteof; T~ETHER with thc ap~aenan~s and all tl~c estate and rights of tl~ party of the first parr in and to ~id premises; TO HAVE ~D TO HOLD tl~e p~emises he~cin gran{ed unto d;e party of d~e second par{, the heirs or successors and assigns of d~e pat{r of the second part forever. AND die party of thc first part covcnams al,at thc patty of the first part has not done or suffered anything whereby the said prelnises have been encumbered in any way whateYer, except as aforesaid. AND tile party of the first parr, in compliance with Section 13 of tile Lien Law, covenants that cite party of the first part will receive die consideration [or this conveyance anti will hold the right to receive such censidcration ~s a trust fund to be applied first for rile purpose of paying the cost of the improvement and will .pply the same first to ~he paymcm of Ihe cost of the improvement before using any par~ of the total of the same fei' any other putl:~ase. The wo~d "party" shall be construed as {f ir read "patties" whencve~ the sense of this indenture so requires. IN WITNE55 WHEREOF, tile part)' et tile first part has duly exeemed ibis deed the day and year first above w[itten. HMM Realty, Ltd. S'hay~Sr do n, Pr~ident i19477 616 ,tuber of pages TORRENS trial g _ -- :enificato # ~ .5 r' 29794 REAL FEB 2 4, 1999 'tRANSFeR TAX SUF:FOLK 29~ COUNTY }4 RE. CORO -B 'flor Cfi. ~ Deed 1 Mortgage Instrument 4 Deed / Mortgage Tax Stamp Page / Filing Fee Handling ~ -'-- -- 584 · -- R.P.T.S.A. Comm. of Ed. Affidavit · Copy Other Sub Tolal __ -' ~ Sub Total R~al Property Tax Service Agency Verification Dist. Section Block 06. Lot Recording I Filing Stamps 1. Basic Tax --~-- --' '~- 2. AdditionalTax ~ --' ~ Sub Total ' -- SpecdAssit. Sp~ /Add '-- - TOT lvlTO TAX · - Dual Town _ Dual County __ -- Held for Apportionment ,,, Transfer Tax ..~ 0~] .~__~.- will be improved by a one or dwelling only, YES __ ._ or NO __ If NO, ~e~ appropriate tax clause on page # of this instrument. Title Company Information Company Name Title Number FEE PAID BY: Cash_ _ Check _F -- Charge ~-- Payer s,ame as R & ~,or if dlffetent~ ~econic abstract znc q TO (ADDRESS) Suffolk County Recordin & Endorsement e This page forms part of the attached _ . _ ~ made by: (SPECIFY TYPE OF INSTRUMENT) ~7-t) __ _ The premises herein is situated in suFFOLK COUNTY, NEW YORK. In the Townshtp of ? '~ -- · · . TO ~'-,q~3 ~? ~,~, r,--/ in the VILLAGE -- or HAMLET of_ -- -- BOXES 5 THRU 9 ~ BE TYPED OR pRIeD IN BLACK INK ONLY pRIOR TO RECORDING OR FILING CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. Tiffs INDENTIYRE, made the ~ 0~, day of~, nineteen hundred and ninety-six BETWEEN CItARLES T. NEPHEW and ALICE K. NEPI~EW, husband and wife, both residing at 340 Colonial Road, Southold, New York party of the first part, and RIC[IARD G. MEI.I.AS and PATRICLA WASSm~R , husband and wife, both residing at 140 Pine Avenue, Southold, New York, 11971 DISTRICT SECTION party of the second part, 0 ! 2 BLOCK LOT WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bay View, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGIHNING at a point on the easterly line of a private road known as "Colonial Road", 187.13 feet southerly along said easterly line from the northerly line of a private road known as "Liberty Lane" from said point of beginning; RUNNING along land now or formerly of Nidds, South 61 degrees 18 minutes 30 seconds East, a distance of 100.0 feet to land of Stelzer; THENCE along said land of Stelzer, South 28 degrees 41 minutes 30 seconds West, a distance of 150.0 feet to land now or formerly of Nidds; THENCE along said land now or formerly of Nidds, Noah 61 degrees 16 minutes 30 seconds West, a distance of 100.0 feet to said easterly line of"Colonial Road"; THENCE along said easterly line Noah 28 degrees 41 minutes 30 seconds East, a distance of 150.0 feet to the point or place of BEGINNING. TOGETHER with an easement of ingress and egress over the private roads known as Colonial Road, Liberty Lane and Victoria Drive and Ed's Road, to and from the ce~ified premises, to and from both Main Bayview Road and Noah Bayview Road. Said private roads for identification purposes are those set out on a map "approximate subdivision of Reydon Heights at Bayview, Southold, Long Island, New York" prepared by Otto W. Van Tuyl, June 14, 1949, and last revised March 25, 1956 and the certified premises is shown on said map as Lot 67. BEING AND IN'I'ENDED TO BE the same premises conveyed to the parties of the first part by deed dated April 25, 1983 recorded in the Office of the Clerk of the County of Suffolk on May 3,1983 in Liber 9352 page 185. 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 oftbe party of the second part forever. AND thc party oftbe first part covenants that the party of thc first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of thc 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, thc party of the first part has duly executed this deed the day and year first above written. CHARLES T. NEPHEW ~/ ALICE K. NEPHEW STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On the Q ~ ~ day of August, 1996 before me came CHARLES T. NEPHEW to me known and known to me to be the individual described in, and who executed, the foregoing instrument, and acknowledged to me that he executed the same. Notary Public Number of pages I*ORilEN$ $ctlnl # Cc~tlflcnle # Prior CO'. # Deed / Modgage laslmm~d' mi Page / Flllag Fee lln. dll.g 'IP-584 mP,'r.s.A, CetOII~ Copy Reg. Copy O0~er 04861 FtECEIVED REAL ESTA'rE SEP 06 1996 TRANSFER TAX SUFFOLK COUNTY De~d / Mortgage Tax stamp FEES Sub Tolal ('~?i , GRANU TOTAI~ , MoflgngaAmt. ~__ 2. Addltlo.al Tax , Sub 'l'ot.l , __ Sp~c./Asslt. or Spec./Add, , __ TO'F~ MTO, TAX ~ Dual Towel __Dual Counly_ I Icld for'Appottio.nlonl -- Mnnslon Tax ~ ~ ~o ptol~tly cov~ed by Ods ~ttgnge ~111 be tmptoved by n o,e or Iwo tamll dwHIIng only, YES Or NO .~ png~ Ins~me,t. gaol Properly TaX Service Aneoey Verification DiSt, Sectlo~l Block Lot , 1000 079.00 06.00 029 ~'OOC , Tille Compnny hlformallofl Fidelity National Title Company Nm.c 2016825 Title Number Gary Flanner Olsen, Esq. Main Road P.O. Box 706 Cutchogue, NYl1935 FEE PAID BY: ' ', Payer sane as R & R RECORI) & RETURN TO Suffolk Count 'llds page lbrms pat of lbo atlnchcd CHARLES T. NEPHEW NEPHEW & Endorsement Pa Bargaxn and Sale Deed (SPECIFY TYPE OF INS'FRUMEN'I') The premises hemhl Is Sllunlcd hl SUFFOLK COUNTY, NEW. YORK, e .lade by: TO 1~1 ri,e Tow.ship ofSouthold RICHARD G. MELLAS and PATRICIA .~ i)i RECORDED SEP (~ ~ {~.,~RKOF./:~O~,~_ .- '.hoZd BONES 5 I'IIRU 7 MUST BE TYPED OR PRI~FED IN BLACK INK ONI,? PRIOR TO RECORDING OR FILINO. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- suooortine facts. If an action cannot be certified as consistent with the LWRP policy standards and condkions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork net), the Board of Trostees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION ~'c'Tr~ ~ /oeo -'-lCt-g - q, ~ PROJECTNAME /_~ Ci~ fflo~i~(a[q'Or~ ~'t~eeo g,'c~lc~rcl a~ The Application has been submitted to (check appropriate response): Tow. oard [] P'anni. oard / nildmgOept. [] oardofTr. tees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ,.; ~' ~ ~/. (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Siteacreage: ~.2~ aceej = dchn 5~,4L AN~ 6,3~ ~cre.z /?~il~a~(,,,d Fa]rt¢~ r~qella5 Present land use: tfe~id¢,,iia I Presentzoningclassification: Joh,,Smd~/'Fa~ t~q'i..g, ii.es ~. Zo,.*e If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ~icha~d ~nd ~a4riCict me 1165 (b) Mailing address: ~'O i~oX (c) Telephone number: AreaCode( ) ( 3i. -/66% 77 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No/]~-- If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of developm~ent. See LWRP Section IlI- Policies; Page 2 for evaluation crl-~-ria. ~Yes [] No [] Not Applicable Attach additional sheets if necessaD' Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 11I - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~"Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [--] Yes [] No ~ Not Applicable Atlach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No ~Not Applicable Allach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No ~/Not Applicable Auach additional sheets if n¢¢¢ssaE,' Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. AUach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources ofthe Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. YesC3 No<NotApplicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes [] No~,Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. [-~Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111- Policies; Pages 65 through 68 for evaluation criteria. [-'] Yes [] No [~ Not Applicable PREPAREOBY ~,~,n~,a~{f~:1~,¢ig ~I~S TITLE DATE Amended on 8/1/05 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I - PROJECT INFORMATION {To be completed by Applicant or Project sponsor} ], APPLICANT/SPONSOR; 2. PROJECT NAME: 3. PROJECT LOCATION: Municipalit~ ~'O U~O [~ County 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map) Initially ~ Ultimately acres ~t ~ ~q~l(~ B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? es NOIf No, describe briefly 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? R~I~ ,sidential r~lndustrial [~ Commercial El Agricultural DPark/Forest/Open space r~Other ''U ascribe: 1 o. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY )FEDERAL, STATE OR LOCAL)? mYes ~ If yes, list agency(s) name and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [DYes ,~o If yes, list agency(s) name and permit/approval 1 2, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? mYes ICERTIFY HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcant/Sponsorname: ,,~H~ ~ P~/l'~Cl'~t. ~31~pll~ Date: ~7 /"'~/][ Signature: If the action is in a Coastal Area, and you are a state agency, complete a Coastal Assessment Form before proceedin~ with this assessment PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Accounting From: Planning Department Date: September 1, 2011 Re: Deferred Revenue The Lot Line change application listed below has been accepted by the Planning Board; therefore the funds may be processed to Revenue Account B2115.10: Planning Application Fees. Thank you. Applicant/Project Name & Tax Map Amount Check Type ~ Date/No. 79-6-4.§ & 29 Mellas/SmJth Lot Line Change $500.00 July 7,2011 - #218 LR PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southald, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Accounting From: Planning Department Date: July 8, 2011 Re: Payment Please deposit the attached check into B691 deferred account. Payment is for a Lot Line Change application not yet accepted by the Planning Board. Applicant/Project Name & Type Mellas/Smith Tax Map # 79-6-4.6 & 29 Amount $500.00 Check bate/No. Authorization Code July 7, 2011 - #218 LR Enc. PATRICIA C MELLAS RICHARD G MELLAS PO BOX 1779 PH 631-765-5879 SO~JTHOLD, NY 11971-3723 ,July 7~ o~0 ii Date Pay to theOrder ~ 218 55-7231/2212 I $ 5"oO.oo Dollars LASER FICHE FORM SUBDIVISIONS Project Type: Lot Line Changes Status: Final Approval SCTM #: 1000- 79.-6-4.6 Project Name: Mellasand Smith Location: 340 Colonial Rd. and 935 Jacobs Bayview Road, Southold Hamlet: Southold Applicant Name: Richard & Patricia Mellas Owner Name: Smith, John Zone 1: A-C Approval Date: 11/14/2011 Signed Date: ///l~j// PLAT La.,991.72' North East of North OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2:R-40 Zone 3: C and R's: Homeowners Association: R and M Agreement: Address: 340 Colonial Rd. and 935 Jacobs La., Southold County Filing Date: SCAN Date: SCANNED NOV 1 8 2011 Records Management