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HomeMy WebLinkAbout1000-83.-2-7.3November ~B1, BO0~ NANCY BUTKUS RECEIVED Town Board Town Hall Route ~§ Southold, ~ 11971 TO 'l'tiE ~.MBERS OF 'l'Id~ TOWN BOARD: NOV 2 4 2003 Soufhol4 Town Clerk I would like to withdraw my request for a waiver to the moratorium on subdivisions. Having recently received the negative response from the p]~ning Commit~e, I am now aware of the oll~m~tAnoes undo~ whloh waivers ~ ~antod. I will pureue the option of permauantly preserving 75 percent of the parcel or some other preservation action. I am committed to the same goals as the Planning Committee: to maintaining the rural character and open space of Southold Town. Th~n~ you for your time and attention. Sincerely, NOV 2 5 2OO3 ~uthold Town Plannin~ Boan~ WEST 78TH STREET 10024 TEL 212 877 2246 FAX 595 5507 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICI-L~_RD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR MEMORANDUM P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: November 10, 2003 To: From: Re: Town Clerk Elizabeth Neville Planning Chairman Bennet Orlowski ~ Request or waiver from Local Law Temporary Moratorium on the processing, review of, and making decisions on the applications for Major and Minor Subdivisions, and special use permits and site plans containing dwelling unit(s) in the Town of Southold for the Minor subdivision of Butkas in Cutchogue, NY SCTM: 1000-78-2-7.3 In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The parcel is located approximately 5,212' north of Oregon Road on the east side of Dugnan's Road in Cutchogue. The proposed action involves amendment of the Kalamaris minor subdivision map approved October 19, 1977. The parcel is improved with a single-family dwelling on a 7.437 acre parcel. The applicant proposes to subdivide a 7.437 acre parcel into 2 lots; after the subdivision lot 1 will equal 3.637 acres and lot 2 will equal 3.800 acres in the R- 80 zone and A-C zone. The Planning Board has reviewed the file and the request for waiver and recommends that the Town Board deny the waiver request due to the following: The proposed action does not possess or propose an executed contract either gifting or selling interests or rights in real property to a portion of the parcel to either the Town of Southold, The County of Suffolk, The Peconic Land Trust or The Nature Conservancy. 2. The action proposes no permanent preservation in which interests or rights of property are being sold or gifted upon at least 75 percent of the entire parcel. Therefore, the Planning Board finds that the proposed action is indifferent from any other proposed minor subdivision applications subject to the moratorium and that the supporting facts of the waiver request do not demonstrate substantive reasoning nor severe "hardship" and therefore does not warrant the granting of a waiver. This decision is further supported by the following facts: Page Two - November Land Use - The dominant land use east and west from the subject parcel is mixed Iow density residential. The area is farmland south of the subject parcel. Lot 1 is occupied by a single- family dwelling and proposes a 20'x40' swimming pool. Lot 2 is occupied with an in ground swimming pool and proposes a 30'x50' house. Lot 1 and Lot 2 have an existing stone driveway to be reconfigured. The proposal includes the use of one driveway entrance and forks at a neutral property location with new driveways. The parcel is lawn, trees and farmland. There is no proposal to sell development rights on the parcel. Due to the fact that the parcel is in private ownership, the potential of the area to provide collective public open space is Iow. The subject parcel is zoned R-80 and A-C, which requires a minimum 80,000 square feet per lot. The zoning district located to the east and west of the parcel is R-80. The zoning district located to the south of the parcel is A-C. Two lots directly to the west are 2.3 acres and 2.8 acres. Two lots directly to the east are 4.7 acres and 3.49 acres. Based upon such, the proposed action would not significantly deviate from the general area land use. Transportation Infrastructure -The proposed action is located on Dugnan's Road. The proposed access to the subdivision exhibits limited access over the 20' right of way. The Planning Board has not reviewed the proposed final access configuration. Natural Resources - The parcel is partially cleared for the existing single family dwelling, in ground swimming pool and driveway with some trees and natural overgrowth. Water supply - The final subdivision approval will require Suffolk County Health Department approval for sanitary and water. This parcel is subject to the Suffolk County Health Department moratorium and may require a more stringent review. Rural Character - The proposed action would result in the increase of one new residential structure. Due to the location of the new structures, the view shed will be disrupted and mitigation will be necessary. Agricultural Lands - No pending agriculture or proposed agriculture opportunities exist. Open Space and Recreation Space - The size, location and current use of the property provides open space to the community. Due to the private ownership of the parcel, the potential of recreational use is Iow. As mentioned above, the Planning Board does not find that the reasons set-forth supporting the waiver request qualify to warrant a recommendation of approval due to: 1. The applicant has made no attempt to meet the thresholds or provisions of Local Law 3 of 2002 (as stated above) et al.; and therefore the Planning Board makes a recommendation of denial. Correspondingly, it is the Planning Boards finding that the proposed project does not fully support the planning objectives of the Town of Southold which include: The preservation of open space and recreational space; the preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and surrounding areas and the preservation of the natural environment. Cc: file PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2003 Ms. Nancy Butkus 321 West 78th Street New York, NY 10024 Re: Proposed Major Subdivision Located at 2050 Dignan's Road, Cutchogue SCTM# 1000-83-2-7.3 Zoning District: R-80 Dear Ms. Butkus: Enclosed please find check number 3208, in the amount of $250.00, regarding the above-referenced application. The temporary moratorium has prevented the Planning Board from continuing review, scheduling a hearing, or making any decision on this application (Local Laws No. 3 of 2002 and No. 3 of 2003). Please contact this office if you have any questions. We apologize for this inconvenience. Sr. Site Plan Reviewer Encl. M&TCH -N- OWNER boric2 LAND TOTAL STREET ACR TYPE OF BLD. PROP· CLASS ~. . DATE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLANI HOUSE/LOT TOTAL PLANNI~IG BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: October 20, 2003 To: Planning Board Members and Valerie Scopaz From: Bruno Semon, Senior Site Plan Reviewer Rez Waiver request for Minor Subdivision of Butkas Cutchogue, NY SCTM: 1000-~ ~-,~ - ~ -~ -~.~ In reference to the above, attached is a copy of the request for information from the Town Clerk dated October 9, 2003. The proposed subdivision is to amend the Kalamaris minor subdivision map approved October 19, 1977. The parcel is improved with a single-family dwelling and on a 7.437 acre parcel. Where the applicant proposes a subdivision, after the subdivision lot 1 will equal 3.637 acres and lot 2 will equal 3.800 acres in the R-80 zone. Below is some application case history on the parcel described above. 10-19-77 Copy of signed minor subdivision map and final resolution We don't have a copy of the C&R's in the file. 09-09-03 Letter from Nancy Butkas on proposed project. Copy of the tax map of the proposed minor. Two aerial photos of the property in question. Please review and forward any comments or concerns. If you require additional information the file is available in the office. Thank you in advance. Cc: file ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ha]l, 53095 P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor & Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valerie Scopaz//~ From: Town Clerk Elizabeth Re: Request for waiver on Moraton-'am--'~ Date: October 9, 2003 OCT - 9 2003 .j Southold Town Planning Board Transmitted, please find request of Nancy Butkus for a waiver to the subdivision moratorium on property located offn/s Oregon Road, Cutchogue SCTM# I000-83-02-7.3 Please review and prepare a written report of your recommendations and findings. Thank you. NANCY BUTK US October 1, 2003 RECEIVED Town Board To- OCT =- 3 2003 Route 25 Southold, NY 11971 $outhold lown Cled TO 'lu-~ MI~,~EH8 OF THE TOWN BOAB.D: I am requesting a waiver to the moratorium on subdivisions. In this letter, I hope to spell out the circumstances and reason for this request. I have enclosed a recent survey, which shows how I would ]Jke to subdivide the property. As way of background, I am a graphic designer and a married mother of two, who first came to the North Fork in 1988. Subsequently, my husband and I owned a home in Mattltuck for eight years before sening it and buying this beautiful Soundfront property in 1998. And like many families recentdy, we have come under difficult financ'ml times. Our plan would be to divide the current property (7.4 acres) appro~d,~tely in hale. Our ultlmate goal ls to sell our current house and build a modest home (2000-2500 sq ft) for our family on the new lot. We would like to leave most of the woods and vegetation undisturbed, both for privacy and the sense of the surroundl~g natural habitat. The property was or'~inally subdivided In 1977 by the previous owner, Peter 1~alamar~is. Because of that fact, this request, which I originally submitted to the P!annlng Board as a 'set off", is actually a "subdivision." Another matter worth mentioning is that, as the survey shows, a pool or accessory, would fall on the empty lot which the Zoning Board does not allow. Since we plan on bulld!ng a house on that lot w~t. hin 18 months from the sale of our old house, I would like the Board to address that also; perhaps a requirement for timely construction as a condition for approval. As a side note, the pool happened to fall In an awkward spot when dividing up the property and our goal here was to create two ro~,la~ly shaped lots. I am available to answer any question you may have and I look forward to your response. SIncerely, Ench Check for $~§0 Survey 32t WI=ST 78TH STREET 10024 TE:L 212 877 2246 FAX 595 5507 November 2, 1977 John R, Lynch, Esq. 11~ Old CountrY Road ~Mineola,, New York 11501 Dear Mr. Lynch, ~, The following action was taken by the $outhold Town Plann ~i~F~ Board at a regular meeting held October 19, 1977. RESOLVED to grant final approval of the map of Peter Kalamaris minor subdivision and authorize the chairman to sign the map upon receipt of a copy of the filed covenants and restrictions. Yours truly, Muriel Brush, Secretary Southold Town Planning Board NANCY BUTKUS September 9, ~00~ Plan'ntng Boar~t Town of 8outhold Town Hall, Rou~ ~6 Southold, New York 11971-0959 TO 'l'lii!i pT,Akrli'iNG BO~LB.D: As way of background, my name Is Nancy But&us, graphic designer and a married mother of two, who fh~st came to the North Fork in 1985. Subsequently, my husband and I owned a home in Mattituck for eight years before selling it and buying t. ht~ beautiful Soundfront property In 1998. And like many f~mtltes ~ecent~y, we have come under difficult financial times. Our plan would be to dlv/de the current property (7.4 acres) appro~mately in half. Our ultimate goal is to sell ou~ current house and build a modest home (2000-2500 sq ft) for our f~mfly on the new lot. We would like to leave most of the woods and vegetation und/sturbed, both for privacy and the sense of the surround/ng natural habitat. Please let me know If I can provide you with any additional materials or lnfor~nation. Sincerely, Nancy Butkus TAX MAP: 1000-83-02-7.~ ENCL: 8 copies of survey check for $280 subdiv application fol'm copy of deed SEP ] 0 2003 Southold Tow~ pla nnint[ Board 321 WEST 78TH STREET 10024 TEL 212 877 2246 FAX 595 5S07 ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VITAL STATISTICS 5CCRRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 M' m~'n~ P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor & Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valerie Scopaz~ From: Town Clerk Elizabeth Nevil(e ~ Re: Request for waiver on Moraton'~lm'---~ Date: October 9, 2003 OCT - 9 2OO3 Southold Town Planning Board Transmitted, please find request of Nancy Butkus for a waiver to the subdivision moratorium on property located offn/s Oregon Road, Cutchogue SCTM# 1000-83-02-7.3 Please review and prepare a written report of your recommendations and findings. Thank you. NANCY BUTK U $ October 1, 2003 RECEIVED Town Board OCT 3 2003 Route 25 Southold, NY 1 19~1 Southold low. Cle~ TO '1'~.; ~,'M~ERS OF 'l'liE TOWN BOAKD: I am requesting a waiver to the moratorium on subdivisions. In this letter, I hope to spell out the clrc,~m~tanses and reason for this request. I have enclosed a recent survey, which shows how I would ]Jke to subdivide the property. As way of background, I am a graphic designer and a married mother of two, who first came to the North Fork in 1988. Subsequently, my husband and I owned a home in Mattltuck for eight years before selllng it and buying this beautiful Soundfrent property in 1998. And like many f~milies recently, we have come under difficult financial times. Our plan would be to divide the current property (7.4 acres) approximately in half. Our ultimate goal is to sell our current house and build a modest home (2000-2500 sq ft) for our family on the new lot. We would like to leave most of the woods and vegetation undisturbed, both for privacy and the sense of the surrounm~g natural habltat. The property was originally subdivided in 1977 by the previous owner, Peter Eatama~,is. Because of that fact, this request, which I o~ginally submitted to the Pla~ntng Board as a "set off', is aotl~ally a "subd~v~lon." Another matter worth mentioning is that, as the survey shows, a pool or accessory, would fall on the empty lot which the Zoning Board does not allow. Since we plan on b~mng a house on that lot wit. bin 18 months from the sale of our old house, I would like the Board to address that also; perhaps a requirement for timely construction as a condition for approval. As a side note, the pool happened to fall in an awkward spot when dividing up the property and our goal here was to create two reg~,!s.~ly shaped lots. I am available to answer any question you may have and I look forward to your response. Sincerely, Nancy Butkns Erich Check for $2§0 Survey 321 WEST 78TH STREET 10024 TEL 212 877 2246 FAX 595 550? ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 482 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2003: WHEREAS, there has been presented to the Town Board of the Town of Southold on the 8th day of July, 2003, a Local Law entitled, "A Local Law In Relaticn to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold; and WHEREAS the Town Board of the Town of Southold held a public heahng on the aforesaid Local Law at which tiine all interested persons will be given an opportunity to be heard. RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law: LOCAL LAW NO. 13 of 2003 A Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unity(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation systems. The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and land preservation coordinator, as well as two planning consultants and two legal consultants. The team was directed to review Town planning goals, past planning studies, and studies that assist the Town Board in achieving the goals of the Town. The moratorium planning team established a schedule of tasks which included past plan review, synthesis of planning reconunendations, obtaining input from Committees and Boards, assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement (GEIS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition, the GElS was intended to take a "hard look" at the implications and potential impacts of the comprehensive implementation strategy, allow for review of mitigation and alternatives, and provide a procedure to allow a rational and logical implementation strategy to evolve from an organized process. The Town Board authorized the moratorium planning team to proceed with the task and schedule provided to the Town Board of October 8, 2002. The moratorium planning team has met on a weekly or as-needed basis to advance the tasks and schedule as authorized by the Town Board. The team has completed a number of important tasks to date, including: · reviewofpast studies; · synthesis of past planning recommendations; · review of Town Code, policies and definitions; · preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staff to document Town characteristics; · review of technical information and facts to be used in completing the GEIS and planning initiative review; · initial review of Town affordable housing policies; · initial review of hamlet centers, transition zones and rural areas of the Town; · meetings and interviews with Town staff and department heads; · preparation of materials and updates of ongoing activities that were placed on the Town's website for public information purposes; · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Environmental Quality Review Act (SEQRA) procedures; · preparation of a build-out analysis; · preparation of the Draft GEIS; and · three public hearings on the Draft GELS. The Town Board recognizes the need to comply with SEQRA, and understands the value of this process. The action is of Town-wide significance and is considered to be a Type I action which is more likely to require an environmental impact statement. As a result, the Town Board has adopted a number of documents in conformance with SEQRA, including the following important steps: · classification of the action as a Type I action; · designation of the Town Board as lead agency; · preparation of an environmental assessment form; · issuance of a Positive Declaration; · receipt of a Draft Scope of the Draft GEIS and setting of the public hearing; · acceptance ofaDraft GEIS; and · three public hearings on the Draft GEIS. Since the last extension of the moratorium the Town ahs adopted a final scope, completed and accepted the Draft GELS, scheduled and held public hearings on the Draft GEIS on three separate dates. Recognizing the significance of the action, the need and desirability to comply with SEQRA through the use of a GElS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board seeks to ensure that sufficient time is set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to public interests in the DGEIS document, the Town Board held three public heatings and kept the heating process open until July 15th in order to facilitate greater public review and comment. Additional time is needed beyond the expiration of the six (6) month extension of moratorium enacted by the Town Board on February 4, 2003. As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an additional ninety (90) day period for the propose of completing the Final Environmental Impact Statement adopting Findings pursuant to SEQRA, allowing the Town Board to determine how to implement the Comprehensive Implementation Strategy and permitting the Town Board time to implement those actions needed to address the issues covered by this moratorium. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. T his 1 aw applies t o subdivisions ( whether major subdivisions or minor subdivisions) a s defined i n S outhold T own C ode § A- 106-13. The statutory and locally-enacted time periods for processing and making decisions on all aspects of subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while this Local Law is in effect; 2) the Planning Board shall not accept for review, continue review , hold a hearing or make any decision upon any application for a site plan containing DWELLING UNIT(S), whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of heatings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board o f Appeals s hall not accept for review, continue review, hold a heating on, continue a hearing or make any decision upon any application for a special use permit which application is also subject to Planning Board approval pursuant to the Southold Town Code where the Planning Board is prohibited from reviewing, processing, holding heatings on and making decisions on because of the provisions of this local law, whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s) within the Town of Southold. Section 4. EXCLUSIONS This Local l) 2) 3) 4) 5) Law shall not apply to: subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106-13; Lot line applications; new or pending applications for the subdivision of a parcel of property where interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual tight ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; new or pending applications for the subdivision of a parcel of property where a n executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development tights, easement, covenant, or other contractual tight ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold 6) 7) 8) 9) (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; new subdivision applications w here a n applicant h as entered into a contract (dated after the effective date of this local law) to either sell or girl interests or rights in real property (the fee o r a ny 1 esser interest, development rights, easement, covenant, or other contractual right) to a portion of that parcel(for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or fights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code) , streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; a site plan application for a t~vo-family dwelling; a site plan application for a bed-and-breakfast; a site plan application for an accessory apartment(s); Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority. In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold heatings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding heatings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§§§ 267,267-a, 267-b, 267-c or 282 relating to the authority to grant variances, ~vaivers or other relief from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of To~vn Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, reviewing, holding hearings on and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, nhtural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of §A106-25, § A105-27 and Articles Ill and 1V of Chapter Al06 of the Southold Town Code. c. All such applications shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public_heating and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERAB1LITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk NANCY BUTKU$ September 9, 2008 Planning Board Town of Southold Town Hall, Route 28 Southold, New York 11971-0959 TO THE PLANNING BOARD: As way of background, my Dame is Nancy Butkus, graphic designer and a married mother of two, who first came to the North Fork in 1985. Subsequently, my husband and I owned a home in Mattituck for eight years before selling it and buying this beautiful Souncif~ont property in 1998. And like many famtltes recently, we have come under difficult financial times. Our plan would be to divide the cmu~nt property (7.4 acros) approximately in ha]f, Our ultimate goal is to sell our current house and build a modest home (2000-2§00 sq ft) for our f~mily on the new lot. We would like to leave most of the woods and vegetation undisturbed, both for privacy and the sense of the surrounding natural habitat. Please let me know if I can provide you with any additional mate~iais or information. Nancy Butkus TAX MA.P: 1000-83-02-7.~ ENCL: 8 copies of survey check for $250 subdiv application form copy of deed SEP ] 0 2003 $outhold Tow~ Plannin~ Board WEST ?STH STREET 10024 TEL 212 677 2246 FAX ~95 S507 November 2, 1977 John R, Lynch, Esq. 114 Old Country Road -'Mineola, New York 11501 Dear Mr. Lynch~ ~ The following action was taken by the Southold Town Plann/jag~ Board at a regular meeting held October 19, 1977. RESOLVED to grant final approval of the map of Peter Kalamaris minor subdivision and authorize the chairman to sign the map upon receipt of a copy of the filed covenants and restrictions. Yours truly, Muriel Brush, Secretary Southold Town Planning Board October 5, 1977 Mr. Peter Kalamaris 1094 Old Country Road Plainview, Ne~ York 11803 Dear Mr. Kalamaris: The following action was taken by the Southold Town PlanninE Board at a regular meeting held October 3, 1977. RESOLVED to grant approval to the map of the minor subdivision of Peter Kalamaris located at Oregon, near Cutchogue, New York, said map dated July 7, 1977 and amended August 29, ]q77, subject to : 1. Reco~ne~ations of the ~ffolk County Planning Co~nisston. 2. A 50 foot right-of-way be shown on the souvherly portion of the nremises with the notation "reserved for possible future dedication to the Town of So~tthold". Yours truly, M~riel Brush, Secreta~.' Southold Town Planning Bo~d November 3, 1977 John R. Lynch, Esq. 114 Old Country Road Mineola, New York 11501 Dear Mr. Lynch~ ~.~.~ The following action was taken by the Southold Town Plann~ Board at a regular meeting held October 19, 1977. RESOLVED to grant final approval of ~he map of Peter Ealamaris minor subdivision and authorize the chairman to sign the map upon receipt of a copy of the filed covenants and restrictions. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Mr. Peter Kalamaris 1©94 Old Country Road Plainview, New York 11803 Dear ~J~. Kalamaris: The following action was taken by the Southold Town Planning Board at a regular meeting held October 3, 1977. RESOLVED to grant approval to the map of the minor subdivision of Po%er Kalamaris located at Oregon, near Cutchogue, New York, said map dated July 7, 1977 and amended August 1977, subject to : 1. Recommendations of the Suffolk County Planning Commission. 2. A 50 foot right-of-way be shown on the southerly portion of the premises with the notation "reserved for possible future dedication %o the Town of So~thold". Yours truly, Muriel Brush, Secretary Southold Town Planning Board TOWN OF SOUTHOLD PROPERTY. .RECORD CARD OWNER ISTREET r~' C~ 5 C) VILLAGE DIST. SUBJ LOT FORMER OWNER N ~' , , E - ACR. / S W ~PE OF BUILDING RES~ J~ S~S. VL. FARM COMM. CB, MICS. Mkt. V=lue ~ND IMP. TOTAL DATE RE~RKS I _ ~ ~ ~(~:,~Z~ FRONTAGE ON WATER ~2-~ ~'%~ :~ r~ Wo~land FRONTAGE ON ROAD % ~ ~ ~- /' Meodowland DEPTH , . .,, :~ z~ BULKH~D Totol M. Bldg. Extension Extension ExtenSion Porch Garage ,Total / COLOR M I~./fl,i.I Foundotion Basement i~f~, )~ Ext. Wa IIs~$4~. Fire Place Type Roof Recreation Roorr Dormer TRIM Ba~h / Dinette ~a./~z K. DR. BR. FIN. B Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Driveway PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: /V~C~t C? Suffolk County Tax Map # 1000- /-d '7 ~ u"/'~-, u 5 Type of Subdivision: Cluster Subdivision: Hamlet: Major Minor Yes ~ Street Location: Acreage: Lot-Line SEP 1 0 2OO3 Southold Town Planning Board Number of Lots: "~,')to Zoning District: Date: 61 ~ '~, 0-3 Please list name, mailing address, and phone number for the people below: Applicant: Agent handling the application: (Contact Person) Property Owner(s): /'¥AA2 c~-] ]'~ o -'/"~' t~ ~ Surveyor: Engineer: Attorney: Other Agent(s): Has this property had a previous application to the Planning Board? Has this property previously received a SEQRA review? Have you had any pre-submission conferences with the Planning Board? Does this application have variances fi.om the Zoning Board of Appeals? Appl. No. Date Is this property adjacent to any bodies of water? (~ No Are there any wetlands on the property? Yes ~ Are there public water mains in an adjacent street? Yes (~ Is public water proposed for the subdivision? Yes (~ Is the majority of the property forested? (~ No Is any part of the property in active agricultural use? Yes (~ Is there a mortgage on the property? Does the owner own any adjacent properties? Is there an existing or proposed sale of development fights on the property? No Yes Are there any building permits currently pending on this property? Signature of Preparer /~ Date Yes (~ Yes (~ Yes (~ Yes N~ The Town of Southold's Code of Ethics prohibits conflicts interest on the part of towll officers and employees. The p_g[pose of this form is to ~rovide information which can alert tile town of possible coltflicts of interest and allow it to take whatever action is necessa~_ to avoid same. YOUR N~HE: ouner.hip of (o~ em~toyment by) a corpocatio{! tn which Describe the celatio.ehip betwee, yourself (tim applica,,t) sibt[.9, PART 1--PROJECT INFORM~ION Prepared by Project Sponsor NOTICE: This document is designed to assist in determinin§ whether the action proposed may have a si§nificant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on intormation currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION (Include Streel Address, Municipality and County) NAME OF APPLICANflSPONSOR ADDRESS ~ · ' ...: JBUSINESS TELEPHONE · J BUSINESS TELEPHONE ( ADDRE~S Please Complete Each Question--IndiCate N.A. if not applicable A. Site Desoriptlon Physical setting of overall project, both developed ,~nd undeveloped areas. 1. Present land use: O0rban Olndustrlal nCommerclal I~[gesidentlai (suburban) E]Forest nAgriculture [:]Other "'), "-I Iacres. 2. Total acreage of prole area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (indicate type] PRESENTLY acres acres F1Rural {non-farm] AFTER COMPLETION , acres . acres , acres _ acres acres acre~ acres acres ..acres acres acres ~ acres acres -~- 3. What is predominant soil type(s) on project site~' a. Soil drainage: ~Well drained ~?0 . % of site [:]Moderately well drained _ % of site . [:]Poorly drained % of site b. if any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the Land Classification System[ acres, (See I NYCRR 370). 4. Are there bedrock outcroppings on project site~ f-lYes [~o a. What is depth to bedrockf (in feet) 2 5 Approximate percentage of p~oposed proiect site with slopes [~30.10% % ~J10-15% ~ % C~15% or greater % 6 Is project substantially contiguous to, or contain a building, site. or district, listed on the State or the National Registers of Historic Places? ~]Yes J~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ~o 8. What is the depth of the water table? ~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~Yes ~o 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~Yes ~ 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? According to Identif~ each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ~es ~No Describe ~h~C~ )~ ~ h~ ~J~ ~ ~ 13. Is the project site presentl~ used by ~he community or neighborhOod as an op~ space or recreation area? ~Yes ~o If yes, explain Does the present site include scenic views known to' be importan~':tO the c6mmuni~ OYes ~No Streams within or contiguous to project area: /'~' a. Name-of Stream and name of River to which it is tributary 16. Lakes, po.nds, wetland areas within or contiguous to project area: /'~/~ a~ Name b. Size (In acres) 17. Is the site served by existing public utilities? ~Yes r'lNo a) If Yes, does sufficient capacity exist to all°w Connection? I:~Yes I-INo b) If.~.es, will Improyements be necessary to allow connection? ~Yes I-INo 18. Is time, site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? I-lyes ~No 19. Is the site located in or substantially conUguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I'lyes IglNo ' 20. Has the site ever been used for the disposal of solid or haza~ous wastesl I-lyes I~1o B. Project Description ': 1. Physical dimensions and scale of project (fill in dimensions asapproprlate) a. Total :contiguous acreage owned or controlled by project sponsor ~, q J acres, b. Project acreage to be developed: ' ~' acres Initially; /t/'~'~ acres ultimately. c. Project acreage to remain undeveloped , /~/r- acres. d. Length of project, in miles: /L//,4- (if appropriate) e. 'If the project is an expansion, indicate percent of expansion proposed /~//4- %; f. Number of off-street parking spaces existing /'~ ; proposed g. Maximum vehicular trips generated per hour /~/~ · (upon'completion of project)? h. If residential: Number and type of housing units: ©ne Family Two Family Multiple Family Initially '~ Ultimately C;~ i. Dimensions (in feet) of largest proposed structure / ~ ~r~ he'ight; ~P width; ~'0 length. j. Linear feet of frontage along a public thoroughfare project will occupy is1 ./~/~' ft. 3 Condominium 2 How much naturat materi e, rock, earth, etc ) will be removed fror 3 Wiit disturbed areas be reclaimed! OYes L~No a. If yes, tor what intended purpose is the site being reclaimed? b Will topsoil be stockpiled tot reclamation? [l~es [Z]No c. will upper stibsoJl be stockpiled for reclamation? I~Yes C]No 4 How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? acres. 5 Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes ~No 6. If single phase project: Anticipated period of construction _ )'~' months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated ~Jate of. commencement phase 1 month c. Approximate completion date of final phase month. d. is phase 1 functionally dependent on subsequent phases? OYes [3No 8. Will bias,ting occur during construction? OYes (~o 9. Number ~of jobs generated: during construction ~ ; after project is complete 10. Numbe~'bf jobs eliminated by this proiect 11. Will project require relocation of any projects or facilities? I-lYes (~No If yes, explain site? /~or)~_ torls/cuhic yards year, (including demolition), year. ~ 12. Is surface liquid waste disposal involved? [3Yes a. If yes, indicate type of waste (sewage, industrial, etc.) and amounL b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposel involved? OYes 1~o Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain 15. Is project or any portion of prolect located in a 100 year flood plain? I-lYes 16. Will the project generate solid waste? I-lyes [~No a. If yes, what Is the amount per month tons b. If yes, will an exisUng 'solid waste facility be used? [3Yes I-INo ; location c. If~¥es0 8lye name . d. Will~any wastes not go into a sewage disposal system or into a sanitary landfill[ I-lyes ~Ho [~Yes C]No e. If Yes, :explain ~7. Will the project involve the disposal of solid waste? I-lyes l~No a, If yes, what is the anticipated rate of disposal? , tons/month. b, If yes, what Is the anticipated site life? years. 18. Will project use herbicides or pesticides? E]Yes I~No 19. Will project routinely produce odors (more than one hour per day)? [3Yes I~o 20. Will project produce operating noise exceeding the local ambient noise levels? OYes ~/No 21. Will project result in an increi~se in ener. gy use? J~Yes ONo If yes, indicate type(s) ~.~ I~,CLJrC., c~-L~l ,~(- 22. If water supply is from wells, indicate pumping capacity ~-/~ gallons/minute. 23. Total anticipated water usage per day ~' ~-~) · gallons/day. 24. Does project involve Local, State or Federal funding? [3Yes If Yes, explain 25. Approvals Required: Submillal Type Dale City, Town, Village Board ~Yes I~No City, Town. Village Planning Board []Yes []No City. Town Zoning Board I~Yes [No City, County Health Department I~Yes [No Other Local Agencies C]Yes I~No Other Regional Agencies []Yes []No State Agencies [Yes [No Federal Agencies C3Yes []No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? l~Yes [~No If Yes, indicate decision required: : ~zoning amendment l-lzoning variance [special use permit C~subdivision C]site plan [3new/revision of master plan [3resource managementj~lan I~otl~er 2. 'What is the zoning classification(s)of the site? 3~ What is the maximum potential development of the site if ,' 4:~Wb. at;.is~the_proposed zoning of.the site? 5. What,is the maximum potential development of the site if ~ 6. 'Is the,proposed action consistent with the recommended us 7. What.are the predominant land use(s) and zoning classiflca~ 8. Is the proposed action compatible with adjoining/surrou~ g. If the proposed action is the subdivision of landa how ma~ a. What Is the minimum lot size proposed~' 10. Will proposed action requke any authorization(s) for the f; 11. Wilbthe proposed action create a.dema;~d'Hor any coma fire protection)? I~Yes aND police, a. If yes, is existing capacity sufficient (o handle projected demand? [~'es C]No 12. Will the proposed action result in the generation.of traffic significantly above present levels1 I-lYes' a. If yes, is the existing road network adequate to handle the additional traffic? [3Yes // // - // 1/ O. Informational Details Attach any additional information as may be needed to clarify tour project. If there are or may be any adveese impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them, E. Verification I certify that the i~formation provided above is true to the best of my knowledge. ApplicantJSponsor Name Date Signature, ~'~ '~~d~ L' 774~a'' 5 Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this a~sessment. 5 D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to cJari£y your.project. If th.ere, are or may be, any adverse impacts associated with your proposal please discuss such impacts and the measures which you propose to m tigate or avoid ~em. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). If public water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. ¸. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts ('If any). Conservation measures should include, but not be limited to: a. The use of drought tolerant plants for landscaping. b. The pt~eservation o f existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of "natural" stormwater management practices (grass swales, filter strips, created wetlands, etc...). E. VERttqCATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Title IFfothe .ac.tion is in the. Coastal Area, and you. are a state agency, complete the Coastal Assessment rm nelore proceeamg with this assessment. Standard N.Y.B.[~rm 8002' -Sargain and Sale Deed. with Covef~ant again~ntor's Acts-Individual or Corl3oration (Single Sheet) CONBULT YOUR LAW~ER BEFORE EIGNINO THIS INSTRUMENT--THIS INSTRUMENT SHOULD DE USED BY LAWYERS ONLY. THI$1NDENTURE, madethe gth dayof ]uly ,199g BETWEEN Peter Kalamaras and Patricia Kaiamaras, his wife, residing at 3311 Plum Row, Naples, Florida 34102 party ofthefirstpart, and Nancy Butkus, residing 1002q at 2~West ggth Street~ Apt #2-A, N.Y~ N.Y party of the second part. WITNE$$ETH, that the party of the first part. in consideration of SEVEN HUNDRED SEVEN THOUSAND FIVE HUNDRED ($707,500.00) dollars 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. ALLthatcer~in plot. piece orpa~elofland, withthe buildings andimprovementsthereon erected, situate. lying and beinginthe Town of SO_[['I-[2LD, at ~~ County of Suffolk and State of Ne~vYork being bounded and described as follows: BEGINNING at a point at the center line of a 20 foot wide right of way, said point being distant 2149.70 feet westerly frcrn the intersection of the westerly side ob Oregon Road and the center line of said 20 foot wide right of way; 1FENCE fr~rn said point of beginning~ along the center line of the 20 foot wide right of way north 46 degrees 39 minutes 30 seconds west, 15S.33 feet to a point and lands now or formerly of Kalarnaras; TI-ENCE along said lands north lq degrees 41 minutes 30 seconds east, 700.00 feet to a point; TI-EN::E still along said lands, north 42 degrees 00 minutes west, 130 feet rn~re or less to the high water mark of the Long Island Sound; ~ along the high water rrark of the Long Island Sound~ north g7 degrees 31 minutes 40 seconds east, 208.00 feet to lands now or formerly of Stevens; Tt-EN::E along said lands, south 46 degrees 04 minutes 40 seconds~ east, 661.00 feet rrore or less to a momxnent and lands now or fo~,~rly of Zuhoski; Ti-EN::E along said lands the following two courses and distances: 1) south 67 degrees 36 minutes 30 seconds west, 336.33 feet; 2)south 41 degrees ~0 minutes west, 444.10 feet to the point or place of BEGINNING. SUB3ECT TO the rights of others over that portion of pr~nises covered by 10 foot wide portion of a 20 footright of way and over the southeasterly ~0 foot wide strip of land leading fr~rn20 foot wide right of way to lands adjacent on the north. TOGETI-E:R~I'IHa right of way 10 feet in width over lands of Zuhoski frcm the northwesterly corner of the premises to the southerly corner of said premises and then a right of way 20 feet in width frcm said southerly corner southeasterly about 2700 feet to Oregon Road; the center line of said 20 foot right of way being the boundary between said land of the party of the first part and said lands of Zuhoski and its direct extension. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be apt)lied 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 I~urpose. The word "party" shall be construed as if it reed "parties" whenever the sense of this indenture so recluires. IN WITNESS WHEI~EOF, the 13arty of the first part has duly executed this deed the day and year first above written. PATR l C I A KALA,~I~/ STATE OF NEW YORK, COUNTY OF Onthe ~ dayo! ~ [A.~ 19 ~/, before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowled_eed that executed the same. FotJEREM O'SULLIVAN ary Public, State of New York #010S5074895 Qualified in Suffolk County Commission Expires March 24, 1999 STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came !e me known, who, being by me duly sworn, did depose and say that he resides at that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of' said corip{)raJioo,.a.,nd, that he signed h name thereto by like order. ST.ATE OF NEW YORK., COUNTY OF SS: 19 , before me On the day of personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at ; that he knows to be'the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw , I . ~: ? §x.e~ut~ .[h~e ~sa~e; and that he, said w..i~ness, at the same time subscribed h name as witness thereto. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S. ACTS Title No. SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS TO Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY t,4/~!L TO Standard Form of New York Board of Tllle Underwriters Distributed by Commonwealth. Land Title Insurance Company PROPOSED SET-OFF PREPARED FOR NANCY BUTKUS $ITUA TED A T ORF, GON, NEAR CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-85-02-7.5 SCALE 1"=50' JUNE 25, 2003 TOTAL LOT AREA = $25,951.03 sq. ff. (TO TIE LINE) 7.437 oc. OWNER APPLICANT: NANCY BUTKUS 521 WEST 78fh NEW YORK, NEW STREET, APT. Sa YORK 10024 KEY MAP SCALE 1"=600' % LONG ISLAND SOUND N 88'16'20" E 45- 6O LOT 1 LOT -- 158,4-31.22 sq. ft. 3,657 oc. \! 72 C' NOTES: I, THIS PROPERTY IS SHOWN AS LOT 3 ON SUBDIVISION MAP MADE FOR PETER KALAMARAS 2. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP~ EXISTING ELEVATIONS ARE SHOWN THUS:~" EXISTING CONTOUR LINES ARE SHOWN THUS: 20 3. ZONING USE DISTRICT: R-BO 4. FLOOD ZONE iNFORMATION TAKEN FROM: FLOOD iNSURANCE RATE MAP No. 36103C0142 G ZONE VE' ZONE X COASTAL FLOOD WITH VELOCI'P¢ HAZARD (WAVE ACTION), BASE FLOOD ELEVATIONS OETERMINED AREAS D[TERMINED TO BE OUTSIDE SOO-YEAR FLOODPLAIN LOT 2 5,800 oc, 65 TYPICAL PLOT (NOT TO SCALE) PROPER?Cf LIN£7 / BUILOING TEST HOLE DATA [.ASTERN TOWNS, PLAN / TYPICAL SE WA GE DISPOSAL SYSTEM Joseph A. Ingegno Land Surveyor F~M Surveys -- Subdivisions -- PHONE (631)727-2090 OFFICES LOCATED AT 322 ROANOKE AVENUE RNEt~, New York 11901 Site Plons -- Construction Loyout Fax (631)727-1727 MAILING ADDRESS P,O. Box 1931 Riverhead, New York 11901-0965 23-181