Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-140.-2-30 & 32
RE—SUBDIVISION FOR DI YELL 0 ° `` AT MATTITUCK TOWN OF SOUTHOLD GP SUFFOLK COUNTY X Ye w.. :4�0;; ' �O F<<� 1000-140-02-30 & 32 c ry� SCALE: 1 0, MARCH 7, 2012 r'�°ems i / O °WELL JULY 3, 20 N 02 XTIG N 6,EPTIC(ADDWIETION)OCATIO ) DECEMBER 7, 2012 (ZONE CHANGE) AUGUST 31, 2017 (LOT CONFIGURATIONS) GP / (DWELLING) DECEMBER 7, 2017 (LOT REVISIONS) m (DWELLING) MAY 16, 2018 (OWNERS ADDRESS) (DWELLING) �/ c3 WELL LOCATION UNKNOWN / (VACANT) WELL LOCATION UNKNOWN (VACANT) PROPERTY OWNERS: FRANCES DIVELLO 1705 HAMILTON AVENUE MA TITUCK,YNYVE.11952 .. UTILITY J POLE JJJ DIVELLO HILL STREET, LLC 800 WICKHAM AVENUE {� �a LONG ISLAND RAIL ROAD MATT4TUCK, NY 11952 BLDG. BLDG. EL. 33.8' 4.9 N N46e20'20"E 4.8'N 0.3'S 740.47' 0 104.7' 0.3'E WEEN 33.4' 157.44' a 20.9' EL. 26.2' EL. 26.9' POLE 353.76' -0 229.27' CONCRETE WALL t= !D Z0 w ryCV W TWO STORY FRAME BUILDING N CONCRETE WALLS Z LOT 1 w V LOT 2 N pWELL 1 a a ; y `C�°. m k, ¢ WELL DIRT & GRAVEL } 0� RO ZONE DECK om� eI►� C� a 125.2' BLDG. f m;. p 0.1'W CONCRETE WALL j 0 'ALL 1 STY. EL. 32.1' Z EXISTING m. C FR. HSE. m © �° Q , p SHED j(A LI ZONE '�? m F.F. EL. 35.8' coni o WALL (,j I N oto D V C.P. cJ i CONCRETE RETAINING 32.4' jV to z CONCRETE WALL �+ N A iti 1 • WOODED AREA 72.2' LP Q ci C P 1000-140-02-32 TEST HOLE O ^� ry� o 0 ASPHALY i N �y�P / 1000-140-02-30 7.8' o w S9s <r� A FRAME m 0 O� DIRT & GRAVEL (� Y GRAVEL OVER ASPHALT ) Lh m �� �Qy p 2N ,' y BUILDING W 0 zto rn o F f*1 STOCKADE FENCE ON �' C �\ � `O Njry C a CONCRETE WALL WITH _� Z �G f- p04 -------'-_--- __ 205.96' 40.2' O/ M EL. 15.8' � 119,66 CHAINLINK FENCE AGAINST ; � fel G� � O� � \ 234.13 UTILITY ------ --19GEQF_PAVEMEN -- --------X X- X—X - POLE 164.92 \ EL. 30.2' EDGE OF PAVEMENT ,C -- yr EL. 30.3' S45'S2'30"W B UTILITY CATCH UTILITY EDGE OF PAVEMENT EL. 24.9' POLE BASIN , UTILITY POLE EL. 33.5' 0 325.62 POLE S47'08'40"WEL. 26.7' 399.05' �a y EL. 15.4' HILL STREET ��J= EL. 34.2' O 'o (VETERANS COMMUNITY CENTER) WELL J (DWELLING) I v , (DWELLING) % (DWELLING) OSEPTIC WELL TANK SEPTIC 150'+ SEPTIC 150'+ WELL CP 0 WELL EXISTING LOT CONFIG URA TION 740.47' 157.44' 583.03' yl MAY 2 5 2018 1000-140-02-30 1000-140-02-32 h� f ^N� AREA=20,343 SQ. FT. AREA=62,100 SQ. FT. �^ w._.,-.... . _. e =MONUMENT ^ ^ 205.96' 518.71' Elevations referenced to an assumed datum. I am familiar with the STANDARDS FOR APPROVAL SITE DATAOF N'�!� AND CONSTRUCTION OF SUBSURFACE SEWAGE TEST HOLE DATA BY McDONALD GEOSCIENCE EXISTING PROPOSED LOT CONFIGURATION ";- DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES 3/5/12 and will abide b the set forth anon therein d the 1000-140-02-30 AREA=20,343 SO. FT. 740.47' y e conDARK BROWN LOAM OL 511.20 229.27' permit to construct. -- 0.5' 1000-140-02-32 AREA=62,100 SO. FT. BROWN CLAYEY SAND SC The location of wells and cesspools shown hereon are 3 LOT 2 PALE BROWN FINE TO COARSE SAND SW PROPOSED N� AREA=59a796 SQ. FT. AREA=22 647 SQ. FT. / from field observations and or from data obtained from others. 7.T LOT 1 AREA=59796, SQ. FT. 325 -- .62' 234.13' -fit _� ' ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLATION 164.92 N . . LIC. NO. 49618 OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. WATER IN PALE BROWN FINE TO COARSE SAND SW LOT 2 AREA=22,647 SO. FT. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERAF/CAVONS 559.75' PECONIC SURVEYORS, P.C. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF (631) 765-5020 FAX (631) 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 14' P.O. BOX 909 WHOSE SIGNATURE APPEARS HEREON. SOU TRAVELER R 11971 STREET —133 i �vclI ►��LR OF—PROPERTY -FOR ---RE- �SUBDI VISION- AT MATTITUCK RJ, 14 TOWN OF SO UTHOLD SUFFOLK COUNTY, N. Y. 1000-140-02-30 & 32 SCALE: 1'--40' MARCH 7, 2012 JULY 3, 2012 16,(EXISTING SEPTIC & WELL LOCATION) G Ilk DEO EVEMBER MBER 7. 20122(ZONEITIONCHANGE,) O fob O O v�.t o 0 (DWELLING) (DWELLING) Q 3� WELL LOCATION UNKNOWN (DWELLING) (VACANT) WELL LOCATION UNKNOWN (VACANT) I • HAMILTON A VENUE unuTY� POLE T LONG ISLAND RAIL ROAD r N46.20'20"E 157.44' EL 33.8• , ai BLDG. BLDG. BLDG o 4.9'N 4.8'N 0.3'S N46. N20,20" E 583.03' 104,7 0.3'E EL 26.9' nuTM 33.4' � :� 20.9 EL 26. ' coo, POLE cct 511.20' �D 229.27 CONCRETE WALL ,3 z `a- ---® . N �� `"- TWO STORY FRAME BUILDING + CONCRETE WALLS o LOT 1 ()\ LOT N �/ Q N z f O 2 WELL �O O O a - m m � p N ELL DIRT �ppO RO ZONE DECK RAVEL125.2BLDG. �� •M Oi (e`yp .. - EL321' D� ;o,.,....,.....,.......r....s � �. , <v p❑ 0.1'W CONCRETE WALL <� 'i 1 STY. 2 �� / ❑ z EXISTING �� C FR. HSE. v SHED �,� LI ZONE O ���p �' CONCRETE RETAINING WALL P. 32.4 �"1 o m F.F. EL 35,8' n a J �Aj N IV z CONCRETE WALL N WOODED AREA 72.2' a Q AQ" �' CP " -P'0 r ASPHALY 1000-140-02-32 S TEST HOLE P O 2^> ,ry vc / 1000-140-02-30 O 7,e' O I ti N FRAME o W o �� ses, w.•.,..--t-, ,.. I v - ; '�;, ._ �•• . `�� O n -mi : 0 O DIRT & GRAVEL GRAVEL OVER ASPHALT O� ., BUILDING `� C M 13i 0 m CON RETE WALL WITH Z CKADE FENCE ONO\� G��`� ~ cn V ��ry BLDG. m LL 15.8' CHAINLINK FENCE AGAINST M GOA m ' 40.20 o/L 234.13' unuTY G' x EL 30-2' EDGE OF PAVEMENT B --- - �E D-PAVEME _ _ y —X X X—X X - X X�B a(--X_ X - -- —' - - • - - - - - - - POLE 164.92 EL 30.3' , " , UTILI CATCH UTILITY S45 52 30 W 205.96 POLE S45'S2'30"W BASIN 119 66' UTILITY S47b8'40"W OF PAVFIAENT EL 24.9' POLE EL 33.5' EL. ,s.4' P� HILL STREET EL 26.r 399.05' J EL' 34.2' .,t, I 4 MecR.:d;7S1T:'.' °A`•'V"w'fPl:'•+4':nR4"/'PKf^C/M4Y' 'q '.lv-i':xi""•mr.:?4'[i.:'::1tw1.a'1.5 aW', OR Cr`E CENTER (VETERANS COMMUNITY wE�L o ) (DWELLING) O (DWELLING) (DWELLING) SEPTIC WELLO TANK SEPTIC 150'+ '# SEPTIC 150'+ wEL° 67it WELL mars'°"'°`-'"" ,.•.u•x-+ .r..wr,.-^,wwKs.ve w.ear+•g7'...w*ne+.r•R t.;«v..ra:r,».r r:A.q*r^r.,+,.- Elevations referenced to an assumed datum. SITE DATA l am familiar with the STANDARDS FOR APPROVAL Pyr: 6i AND CONSTRUCT/ON OF SUBSURFACE SEWAGE TEST HOLE DATA EXISTING DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES BY McDON 3�5�tEZOSCIENCE 1000-140-02-30 AREA=20,343 SQ. FT. and will abide by the conditions set forth therein and on the < - DARK BROWN U.OAM OL permit to construct. u 1000-140-02-32 AREA=62,100 SQ. FT. P --- o.s' BROWN CLAYEY SAND SC PROPOSEDTh -- 3• e location of wells and cesspools shown hereon ore PACE BRovc: F1ME To COARSE SAND sw LOT 1 AREA=59,796 SQ. FT. from field observations and or from data obtained from others. l Y.S. LIC. NO. 49618 -- LO 2 A=22'647 SQ. FT. ANY ALTERATION OR ADDI77ON TO THIS SURVEY IS A V/OLA77ON 7.r WATER IN POLE BROWN FINE TO COARSE SAND SW ECON/C MORS, P.C. OF ON 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUED/VIS/0N2. ALL CER77FlCA710NS (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR TN/S MAP AND COPIES THEREOF ONLY IF P.D. BOX 909 SAND MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 14' 1230 TRA VELER STREET 12_133 WHOSE SIGNATURE APPEARS HEREON. ® =MONUMENT SOUTHOLD, N. Y. 11971 SURVEY OF PROPERTY FOR RE—SUBDIVISION AT MATTITUCK ti TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-140-02-30 & 32 SCAM P=40' MARCH 7. 2012 JULY 3.2012(EXISTING SFPTIC&WELL LOCAPDN) o� 0 70� �tiaU O ❑ ,ill 1 8 0 (DWELLING) U (DWELLING) (DACLUNG) (VACANT)WELL LOCAPON UNYNDWN WELL LOCATION UNKNOWN (VACANT) W ag a HAMILTON AVENUE: onarr� �pppN4620'20'E 757.44' LONG ISLAND RAIL ROAD euc °'Oar aa'v ao`a°so N4620'20'E o 1t 583.03' J1M11Y as a' n vM : 20 v 26 fY M 9' 3 ane 511.20' 229.2Y wAu w�¢ y TWO STORY FRAME BUILDINGL= ""�E� w"tu LOT 1 a LOT 2 PROPOSED £ �' aril as z' u ow• • aeA.0 ppr/I R Pn z-.11 =pp A- ❑ Z a• ar.aFlr WUA EXISTINGFR.1^i >E E10511NCLL 1 STY.Slzt' `P L ❑vtED t R C R 40 ZONE FMG b 4 N U ZONE �` ro3 , Wv �AETNMI •.LL v. ]3 a N b -Z eavcvca MALL ( • •1]COEO MFA m 122' O e w ; + 1000-140-02-32 -Txac $f � �'/ l000—tao—o2-300 $ ,y�a2. • o _�� cn"Kl orn A—.T y BUulIDING 1„ a m aToouDE 1FNo[wou �'m � 8f�' Y �ry urar�ciExcE ADAx15i .'b /lv m f_"If R a N O 234.1J' 164.92' a'aO ,Toy a aD7 m¢avAvnrtl+i � ---'—coc a_rAw+v. __ —x x—x _ axirX aAima"--- -------- unuTr mcF or VAVEwdT EL]av y S4552'30'W 205.96' rdc S4552'30'W "nw 119.66' x aa' S47'08'40'W P01L °'Oar S' cW o n Y 399.05' oy yW J=a= ata•• HILL — STREET oy o (VETEPAN6 COMMUNITY CENTER) (DWELLING) O— (DKCLI TNG) 7 (DWELLING)Aci tAwc SEPTIC 150'+ SEPTIC 1513'. ° O .tu ClevoCons referenced to on assumed datum. I am fomdror With the STANDARDS FOR APPROVAL I" SITE DATA TEST HOLE DATA AND CONSTRUCTION OF SUBSURFACE SEWAGE BY McDONALD GEOSCIENCC EXISTING DISPOSAL SYSTEMS FOR SINGIF_ FAMILY RESIDENCES 3/5/t2 I ;/•t 1000-140-02-30 AREA-20,343 SO. FT. and will abide by the conditions set forth therein and on the oMX IlPowv FOAM a ' '( .. 1000-140-02-32 AREA=62,100 SO.FT. permit to construct. o.s' IieoW wm—D sc PROPOSED The location of wells and cesspools shown hereon are ox¢IIROIe nuF ro D6MSF 1:uA sv ' LOT 1 AREA-59,796 SO. FT. from field obse—t+ons and or from data obtained from others. zr 1 .YS CLIC. NO. 4961E LOT 2AREA=22,647 S0. FT. ANr AL 1ERa noN oR ADDrnav!O MIS SURVEY l5 A V70LA71aN vola w AA�z eAo v nNE ro wMSF sew n CONIC 5 YORS, P.C. ar srr.AS nag or THE NLw YORK STA TE 2 ALL CE LAW. (631) 765-5020 FAX(631) 765-1797 EXCEPT AS PER ID OR IS MAP CO 2.ALL CER ONL nONS SAIDHERM ARE VALE COPIES FOR MIS MAP ANO CED SE !H£REGE ONLY IF P 0. BOX 909 SAID MAP OR CLW/ES SCAR HE EON, '.SED SEAL OF Mc SURVEYOR " ■=MONLIMFNT W110SE SIGNANRF APPEARS HEREON, SOU HOLD. N TRAVELER 11971 STREET 12-133 RE-SUBDIVISION FOR DI VELLO ° 4 AT MATTITUCK TOWN OF SOUTHOLD z/MGP SUFFOLK COUNTY, N. Y. 1000-140-02-30 & 32 SCALE. 1'-40' MARCH 7, 2012 O °WELL JULY 3, 2012 (EXISTING SEPTIC & WELL LOCATION) NOVEMBER 16, 2012 (ADDITION) DECEAUGUST 31, 2017 , 2012 (ZONE CHANGE)01 (LOT CONFIGURATIONS) cP (DWELLING) (DWELLING) m 3Q WELL LOCATION UNKNOWN (DWELLING) � (VACANT) Q / WELL LOCATION UNKNOWN (VACANT) ' HAMILTON AVENUE 12 UTILITY ' POLE IL /W Ia LONG ISLAND RAIL ROAD '�� N46'20'20"E 157.44'O BLDG. BLDG. BLDG, EL. 26.9 EL. 33.8' 4.9'N 4.8'N 0.3'S 583.03' N46'20'20"E 04.7' 0.3'E EL. 26.2' EL. 33.4' " 20'9 TILITY 511.20' 229.27' CONCRETE WALL `O 0) POLE Z X W :f-Cb L4 CONCRETE WALLS Z LOT 1 W o LOT 2 N °WELL 4 r� �' TWO STORY FRAME BUILDINGf co 0 � RO ZONE DECK o❑ .�� �i► �` m DIRT a WELL 125.2' BLDG. & GRAVEL a r-o 0 eNELL 1 STM, EL. 32.1' 130 Z p 1 yy CONCRETE WALL EXISTING m C FR. HSE. ao © �� IEI SHED w X U ZONE F m F.F. EL. 35.8' N D JIS m0 � �3cJ�m i/ CONCRETE RETAINING WALL C.P. 32.4' W I z LP N Z CONCRETE WALL N WOODED AREA 72.2' Q v' C P " z -P � o ASPHALY 1000-140-02-32 TEST HOLE N ��P 9 Q cVd` o / 1000-140-02-30 O r \ sS �' FRAME 7.8' o : 0 O� DIRT & GRAVEL SA 0 Z ��� P"v ZCV ,� GRAVEL OVER ASPHALT ., BUILDING z M C m ° `° tri w n Z O� tom v n m STOCKADE FENCE ON Z G�� 'a ►� ^/� U c n CONCRETE WALL WITH R1 GGA POLE BLDG. m EL. 15.8' F CHAINLINK FENCE AGAINST O Co 40.2' 0/L 234.13 \ UTILITY - —€0,GE.QF—PAVEMEN —X—X X—X X—X X— X X— —_——____ __—___—— — POLE 164.92' �O OHO �\ EL. 30.2' EDGE OF PAVEMENT B ---- -- -------- ------ x -- -- EL. 30.3' S45'S2'30"W 205.96' POLE Y BASIN '—UTILITY EDGE OF PAVEMENT EL. 24.9' L' O S45'52'30"W 119.66' UTILITY S47'08'40"W POLE EL. 33.5' �a O POLE 399.05' EL. 15.4' HILL S•?,REE?, EL. 26.7 EL. 34.2• �340� (VETERANS COMMUNITY CENTER) WELL o I (DWELLING) (DWELLING) (DWELLING) OSEPTIC WELL TANK SEPTIC 150'+ SEPTIC 150'+ WELL CP O WELL EXISTING LOT CONFIG URA TION D SEP 20 2017 EAREA2-32D,343 40-02-30 1000-140-02-32 SQ. FT. AREA=62,100 SQ. FT. Southold Town ® =MONUMENT Planning Board pF NEVV Elevations referenced to an assumed datum. I am familiar with the STANDARDS FOR APPROVAL SITE DATA ��� a MEF TEST HOLE DATA ° c AND CONSTRUCTION OF SUBSURFACE SEWAGE BY McDONALD GEOSCIENCE PROPOSED LOT CONFIGURATION EXISTING DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES 3/5/12 and will abide by the conditions set forth therein and on the 1000-140-02-30 AREA=20,343 SO. FT. ' DARK BROWN LOAM OL yq permit to construct. -- 0.5 BROWN CLAYEY SANG SC 1000-140-02-32 AREA=62,100 SQ. FT. 3LOT 1 LOT 2 The location of wells and cesspools shown hereon are PALE BROWN FINE TO COARSE SAND SW PROPOSED AREA=59,796 SQ. FT. AREA=22,647 SQ. FT. / U'1 from field observations and or from data obtained from others. -- 77• LOT 1 AREA=59,796 SO. FT. uVC.J N. YS. LIC. N0. 49618 ANY ALTERA77ON OR ADD177ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. WATER IN PALE BROWN FINE TO COARSE SAND SW LOT 2AREA=22,647 SQ. FT PECON/C SURVEYORS, P.C. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER70CAPONS (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 14' WHOSE SIGNATURE APPEARS HEREON. SOU TNOLD, N. Y. 11971 �� SURVEY OF PROPERTY FOR RE-SUBDIVISION AT MATTITUCK ti TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-140-02-30 & 32 SCALE: 1'=40' MARCH 7, 2012 w., JULY 3. 2012 (EXISTING SEPTIC h WELL LOCATION) O (o 11!�rtiaJ ODvIBU- 0 O (DWELLING) (DWELLING) J i 3e WELL LOCATICATI (DWELLING) (VACANT)ON UNKNOWN m� WELL LOCATION UNKNOWN (VACANT) a HAMILTON AVENUE LONG ISLAND RAIL ROAD Bmc. N4620'20"E 15OS, E'" 33r 4.9N .98. ois N46'20'20"E 583.03' t W. 0 SE fl 26.9' nt�1r 20'33.a' 0 e Mg a. 2k ```` 511. 229.27' .`y do POLE Z A CIXJCREIE WALL u VV NN 4z TWO STORY FRAME BUILDING i F cDNo�ETE wAlu tz LOT 1 t+ o LOT 2 y - y & d Kit 1 '0 m PROPOSED iz h U. r7 DIRT k CRAYtT. / Rn ^`ic -- DE( I IT 1252' B.Dc. E / f o ❑o Z 01'w ODNCRE3E wAu EASRNG ) EXISTING c T OZONE FR. HSE k3 .P. SHED j N ( m R 40 20NE E.E EL 356' r RETUNING WALL �O �� ODNWETE 324 N Z CWDRETE WALLwn kWOODEDAREA T22' 0. �a cP u g ;'-o 1000-140-02-32 TEST Ha 3� �{ 1000-140-02-30 A5PHA1L1" _ 6 4 y� CRA 0WR ASPHALT BUUIILDI G u g '� g AME DIRT k DRAWL W Z hpP 'y 3y Dh 2 2 _ �_, 1n - m f m CR ME Aum rH Y BLDG EL 158' CHANIINK iY.N4 AGAINST z m AD z OA_ PAvpAEN — — —X—x x x x— 254.13' _ aaETY 164.9Y ¢. w7 mcEa vAVENENr -- _ _ _ _ _ _ __ _ __—__ - b � S El. 30.3, DnuTv DArdl� - — - - —unuly o S45'52'30"W 205.96' P01f 545'S2'30'W BASIN 119.66' Pa TM S4T08'40'W P0� mGE of PAvwENr EL za.9' u5, Dy 2 4- EL 15.4' HILL STREET EL 26r 399.05' ny 4,02 EL 3s.z' ,27 e Oa' J (VETERANS COMMUNITY CENTER) W¢.L (DWELLING) (DWELLING) 7 (DWELLING) 0.11c IIIE-Lo TANK SEPTIC 150'+ SEPTIC 150'+ WWE2 O 0 Nsu Devotions referenced to an assumed datum. ` C.F , •_,�1'`\ I am fomil,or with the STANDARDS FOR APPROVAL f, �'t ,,,. �•;'-, . SITE DATA TEST HOLE DATA AND CONSTRUCTION OF SUBSURFACE SEWAGE BY McDONALD GEOSCIENCE EXISTING DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES 3/5/12 and will obide b the conditions set forth therein and on the �' f 1000-140-02-30 AREA=20,343 SQ. FT. permit to construct. DARK BROWN LOAN a 1000-140-02-32 AREA=62,100 SQ. FT. p — os 1 BROWN OLAMi SAND SC PROPOSED The location of wells and cesspools shown hereon are — 3' vAu: ekorN INE ro COARSE SAND sw LOT 1 AREA-59,796 SQ. FT. from field observations and or from data obtained from others. — zT' -N Y.S. "LIC. NO. 4961E LOT 2AREA=22,647 SQ. FT. ANY ALTERATION OR ATHE NEW ro rKrs SURVEY Is A WOLAW WAMR 1N PALE BROWN nNE TO COARSE SAND SW *CONACS YOBS, P.C. OF SEC PON PER C7 THE NEW YORK OSIONA7E 2. ALL LION LAW. (631 f 76$-5020 FAX (631) 78$-179) EXCEPT AS PCR ID FOR HIS MAP E ALL CEF DAILY HEREON ARE VALID FOR 7R MAP ANO COP/ES THEREOF ONLY lF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 14' P 0. BOX 909 1230 TRAVELER STREET WIfOSE SIGNATURE APPEARS HEREON. ■ =MONUMENT SOUTHOLD, N. Y. 17971 12-133 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex b' ,�� P.O.Box 1179 54375 State Route 25 �� � C� ',`r Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) " Telephone 631 765-1938 Southold,NY ! z� www.southoldtownny.gov eou PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2018 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: SEQRA Determination Proposed Resubdivision for John and Frances DiVello 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM#1000-140.-2-30 & 32 Zoning District: LI and RO Dear Mr. Cuddy: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, September 10, 2018: WHEREAS, this resubdivision proposes to transfer 0.85 acres from SCTM#1000-140.- 2-32 to SCTM#1000-140.-2-30. Lot 30, located in the LI Zoning District, will increase from 0.47 acres to 1.37 acres. Lot 32, currently located in both the RO and LI Zoning Districts, will decrease from 1.43 acres to 0.52 acres, and will be entirely in the RO zoning district; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, the Planning Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this Unlisted Action; and be it further John.r bars Diiio Page 2 � )t1 r X1,. 1 RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of cion-significance for the proposed action and grants a Negative Declaration. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, r Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: ���� ��"'x MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 � a ° y `,; Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) 4" Telephone 631765-1938 Southold, NY v^vw.southoldtownny.gov A ego N11 g PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 10, 2018 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Resubdivision for John & Frances DiVello SCTM#: SCTM#: 1000-140.-2-30 & 32 Location: 800 Wickham Avenue & 305 Hill Street, Mattituck, NY, 11952 SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This resubdivision proposes to transfer 0.85 acres from SCTM#1000-140.-2-32 to SCTM#1000-140.-2-30. Lot 30, located in the LI Zoning District, will increase from 0.47 acres to 1.37 acres. Lot 32, currently located in both the RO and LI Zoning Districts, will decrease from 1.43 acres to 0.52 acres, and will be entirely in the RO Zoning District. Through the proposed re-subdivision, the lot line of this parcel will move to the zoning line. As a result, Lot 1 will be entirely in the LI Zoning District and Lot 2 will be entirely in the RO Zoning District. Negative Declaration Page 12 September 10, 2018 The Zoning Board of Appeal's granted an area variance for lot area and setbacks. Lot 32 did not conform to the Bulk Schedule requirements in the RO Zoning, which requires a lot area of 40,000 sq. ft. and a front yard setback of 50 feet. This variance was granted in Southold Town ZBA File# 6613. Reasons Supporting This Determination: A Short Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: This resubdivision will not have any adverse impacts on the surrounding neighborhood or adjacent properties, Through resubdivision, the proposed lot line will be moved to the zoning line approved by the Southold Town Board. Thus the following can be said of this action: 1. The applicant has been granted an area variance from the Zoning Board of Appeals for lot area and setbacks in File #6613. Following the proposed resubdivision, the lot line will be moved to the zoning line on the property. No new lots will be created, and no increase in development is expected as a result of the configuration of the land transfer. 2. The proposed application will not be expected to adversely affect groundwater quality because no new development potential will be created by this action. 3. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 4. There will be no significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of this lot line change. 5. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. 6. The proposed action will not significantly impair the character or quality of important historical, archaeological„ architectural, or aesthetic resources or of existing cornniunity or neighborhood character. Negative Declaration Page 13 September 10, 2018 7. No major change in the use of either the quantity or type of energy will occur. 8. No creation of a hazard to human health will occur as a result of this lot line change. 9. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Erica Bufkins, Planner Trainee Address: Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Telephone Number: (631) 765-1938 Agtnicy Use Only [If applicable] Project ... �UoUnro�II-uanlu.a Cnullcu0c Resub: Date. t e tcuu'a��cr 105,018 Short Environmental Assessment Form Part 2 -Impact Assessment Patent2 is to be completed by the:IC..,e.ad Agenuc,y, Answer all of the follounrlang questions in Part 2 using the information contained iru Part t and otfwr materials suul nthtcd by the prppeet sponsor or otherwise available to the rewlewwer. When annsunrerirng the questions the revleunrer shouuid be guided by the cornecpt."Have my responses been reasonable considering the scalle and context.oaf the proposed action?" _— _ _ No,or Moderate small to large impact impact may may occur occur .......,noaproposed r � �,d'. yet„ougapt,c roe Deed actuoaa create a rrvat�rual aorrubl.. rr i p p conflict nwi0'Ifu arra adopted land use p.alaru oo :�ounirnpf l� I �.�� ......... _. .._ 2. Will the proposed action resault in a change in the use or intens�it�y ofuse of Basad°P — ................ _ — 3. Wfll the proposed ao,tucaon urmnrpra�ur the character or quality of the cns�istnung co nine uunity r W El 4..... Will thero�sro ed action have an lunpaact oars the eanrriuoa mental cpuaracterist.ics tlaaat caused the p l ' estainlish n-wnt of a Criticaall Environ nientap Area(CEA)"? _. u. affa,or�pexis6n infras uucture fear rWiUaction u)an adverse claainge in the existing level of traffic or p -mass tranirnsrt,lailcirud or walkway? El 6. Will the proposed �>lctlor cause an kicreaarc hi tlnc use ofenergy and 4 fails to ircorpaorate Will tfua arcaaoa. � reo y y prq wnntnunnrtiw^.„n uucxp.., u.ornsu.uwautounann ern u"cnncrraurrYcarru¢^r y" °o.. 7..... Vtdill the proposed auction imI.ruuct eMsfiFT.,: au. p:aaubalice'pn'ownte autesn uup"rpkes"? ._ b. pruul:alic/prrivatc wastewater treautmew uetilitles`p � .� ....., fB. VViIIB Ole proposed actioniunnpih,the cllnnao'acter orquuaahi y of'J rup'rorr�tant Faistonric, ,an'cbaseorlcrp,ieA, VV arclnitcCUira l Or ACS Wic YsrsoarrCCS? V. adverse ch awstcirbodcs grcu�n d,vWnt _ _ 1. proposed ru uesuh hi nn adverse to unantusral re.sonwce.s(c� p.;., w�vedasrnds, �� pp d" u.r, aur o���a utirp�, fla�nuGu uurrd fanuuroau(`? ptl.,. rsc�lC grtw�boep�n�oscd a�c6onn resurllt in °iiia uurwau .un,c i�n[ rhe p�ba,n eio6 al ka�,r^T¢'�r'Iiou, fpoor,rlaslg n .����d °e nri!, 6 H 1, t�VM u6''lti p rollrrrrs d nctpirrn create Nr�nr�nun�a1 tea c nv+ rcrouudau:extnul u t.n,ca.hr���:�r�,uao�l�rw,�w�u�uun Pio ai,IlaPn"f W1 I I PRINT FORM "t e Oily I i f alat"tak;Mala I Project: ran l .._ N .._._. vellc e ternber 10, 20 n & rances i Date: � � 1$ Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 thrut was answered"mod era ta°to large impact may occur",or if there is a need to explain why a particular clement of the proposed saction Inay or will not result in a significant adverse environmental impact,please aoniplete Part 3,Pori 3 should,irl sullycient detail,idcnfify the impact,including any measures or design elements that have been included by the project sponsor to avoid or redluce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significall Each potential impact should be assessed considering its setting, probability of occurring,durtatioru,irmve rsibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. The Lead Agency finds that the action will not result in a significant adverse impact mainly because there is a very small amount of land involved in the land transfer-only 0.85 acres is being transferred. The resulting new larger lot size will not convey the ability to subdivide the parcel, and will not allow a second industrial use on the parcel.There could be some expansion of the industrial use of the parcel after the size is expanded, however there are many protections in the Town Code and site plan process to prevent andlor mitigate any adverse impacts resulting from future uses. The smaller lot resulting from this resubdivision is zoned Residential Office, which also has many protections and restrictions of use already in the Town Code that would prevent future significant adverse impacts. IIIiG7ar.. I�r ;;iT� t1I".� �Irfn)���i,+ll;�'ta ��7.� �iiic� � y 1 I d ��"ir� rrt,�� Ill �l�,��+�rTI�II ,.�ra11l::�r11'"p11�.arl, ......� 11,11 LIr Tlalirllhl�! +I r1�r,l�rll 111.14' lir�1: �A �.;".:r iii r II �I II�I���;:rlll : w°l� 1111,ar„T. 171x9 iihI , ,IIyir,,7lrIII�^,n'I[1 irrags,ir,:'f aC�l"^Ir'l�".hII w,, I+,;r,�7IIl",tLi, IV l II G;y Th s I�r NrII III I I ��S�Illllw �� �iI ;III iP1 1111 I ��11�i1,� 11,'ll l�r�I11�T1 III �i�'111117,1i;1l1f� �1 Y}"r y'1l llfl ;flf i llfll;;lll,il V JIT 117 11'll� ls r,I r ;;d IiI' 7TIIIn;dII,I1 .�i,Milri' II il` "II:I, ",Iyr4 L;Ir,„ilkflkII ,I I II , I II 1111.Ii1 II,,,,yl 1 ilk,l in4+m la 1, .y I oPwf�..' 1 V6�i a...l r�f .,r�,l d11 r uY o Iul. 1ill � 1� ilI iI 1 C ill IT TA il.lil ,en kcit I PRINT FORM OFFICE LOCATION: 'z� MAILING ADDRESS: Town Hall Annex �w* P.O. Box 1179 54375 State Route 25 'VS'VS Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov � " INV, PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2018 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Resubdivision for John and Frances DiVello 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM#1000-140.-2-30 & 32 Zoning District: LI and RO Dear Mr. Cuddy: The Planning Board reviewed the above-referenced application at their August 6, 2018 Work Session for a review of referral comments and a draft determination under SEQR. A SEQR determination will be scheduled for the September 10, 2018 Public Meeting. Approval from the Suffolk County Department of Health Services will be required prior to a Final Approval by the Planning Board. Upon submission of a map approved by the Suffolk County Department of Health Services, the application will be scheduled for a Final Determination. If you have any questions regarding the above, please contact the Planning Board Office at 631-765-1938. Respectfully, ti Erica Bufkins Planner Trainee COUNTY OF SUFFOLK s AH 1 3 M8 Steven Bellone �Soufllucs d feu ,�w.. .. SUFFOLK COUNTY EXECUTIVE HaiiY4hq Boaird Department of � �`"""' Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner Division of Planning and Environment August 3, 2018 Town of Southold Planning Board P.O. Box 1179 54375 Route 25 Southold,NY 11971 Attn: Erica Bufkins, Planner Trainee Re-Subdivision: "DiVello Re-subdivision" Suffolk County Tax Map No.: 1000 14000 0200 030000 & 032000 Suffolk County Planning File No.: LS-G-2406 Dear Ms. Bufkins: Pursuant to the requirements of Section A14-24,Article XIV of the Suffolk County Administrative Code,the above captioned proposed final plat that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. *SEQRA Coordination request was received by the Suffolk County Planning Commission and it has no objection to the Town assuming Lead Agency Status for the above referenced. Sincerely, Sarah Lansdale, AICP Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG a 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100 a HAUPPAUGE,NY 11788-0099 a(631)853-5191 's,J COUNTY OF SUFFOLK .� � yen !mTr �r fl°�a�I4i gown STEVEN BELLONE Rammtiirgg Board SUFFOLK COUNTY EXECUTIVE � � DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN, MD, MPH, MBA, MSW Commissioner July 26, 2018 Erica Bufkins, Planner Trainee Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: DiVello— Subdivision 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM # 1000— 140—02— 30 & 32 Dear Ms. Bufkins, The Suffolk County Department of Health Services (SCDHS; "Department") has received your memorandum dated July 12, 2018 concerning the above referenced application. The Department has no objection to the Town of Southold Planning Board assuming lead agency status. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this application. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article V1 Application Status: Our agency has not received a subdivision application for the above referenced project as required by Article VI of the Suffolk County Sanitary Code. The project sponsor should submit an application that meets Article VI requirements to our agency's Office of Wastewater Management at the earliest possible date so that a complete technical assessment of this proposal can be undertaken. DIVISION OF ENVIRONMENTAL QUALITY—Office of Ecology 360 Yaphank Avenue, Suite 213,Yaphank NY 11980 (631)852-5750 Fax(631)852-5812 Public Health B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final use, lot area and the location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the project or construction of either system without Health Department approval. Density, design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. The Department recommends the use of innovative/alternative onsite wastewater treatment systems (I/A OWTS) as the method of sanitary disposal. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 631-852-5750. Sincerely, Julia Priolo Environmental Analyst Office of Ecology OFFICE LOCATION• ' rte. MAILING ADDRESS: Town Hall AnnexQf SOl' r� P.O. Box 1179 54375 State Route 25 d Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY � www.southoldtownriy.gov pro PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2018 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Public Hearing Proposed Resubdivision for Jahn and Frances DiVello 800 Wickham Avenue & 805 bill Street, Mattituck. aCTM#1000--140.-2-80 & 82 Zoning District: LI and RO Dear Mr. Cuddy: A Public Hearing was held by the Southold Town Planning Board on Monday, July 9, 2018 regarding the above-referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: �" �"� MAILING ADDRESS: Town Hall Annex , " �� P.O. Box 1179 54375 State Route 25 ��� � t� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) ` Southold, NY Telephone: 631 765-1938 M www.southoldtownny.gov w " 4QN1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Department of Health Services From: Erica Bufkins, Planner Trainee e6 Date: July 12, 2018 Re: Resubdivision Application Review— Proposed DiVello Resubdivision • Request for Comments pursuant to Southold Town Code §280-131,. • SEQR Lead Agency Request • Coordinated Review under SEQR The purpose of this request is to seek comments from your agency. Please provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; and 4. Your interest in assuming the responsibilities of lead agency under SEQR, The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. Southold Town Planning Board Page 2 July 12, 2018 Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Project Name: DiVello Resubdivision Address: 800 Wickham Avenue & 305 Hill Street, Mattituck Tax Map #: 1000-140.-2-30 & 32 Requested Action: This resubdivision proposes to transfer 0.85 acres from SCTM#1000-140.-2-32 to SCTM#1000-140.-2-30. Lot 30, located in the LI Zoning District, will increase from 0.47 acres to 1.37 acres. Lot 32, currently located in both the RO and LI Zoning Districts, will decrease from 1.43 acres to 0.52 acres, and will be entirely in the RO Zoning District. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Erica Bufkins, Planner Trainee (631) 765-1938 Enclosures: Environmental Assessment Form Resubdivision Application Form Resubdivision Map(s) 2 OFFICE LOCATION: , MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 � �p 'n Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) °K Southold, NY Telephone: 631 765-1938 q n www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Planning Commission From: Erica Bufkins, Planner Trainee lqs Date: July 12, 2018 Re: Resubdivision Application Review - Proposed DiVello Resubdivision • Request for Comments pursuant to Section A14-24, Suffolk County Administrative Code • SEQR Lead Agency Request The purpose of this request is to seek comments from your agency, and also to determine lead agency and coordinate review under Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable: 1. Comments or requirements from the Suffolk County Planning Commission that the Southold Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. Southold Town Planning Board Page 2 July 12, 2018 Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Project Name: DiVello Resubdivision Address: 800 Wickham Avenue & 305 Hill Street, Mattituck Tax Map #: 1000-140.-2-30 & 32 Requested Action: This resubdivision proposes to transfer 0.85 acres from SCTM#1000-140.-2-32 to SCTM#1000-140.-2-30. Lot 30, located in the LI Zoning District, will increase from 0.47 acres to 1.37 acres. Lot 32, currently located in both the RO and LI Zoning Districts, will decrease from 1.43 acres to 0.52 acres, and will be entirely in the RO Zoning District. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Erica Bufkins, Planner Trainee (631) 765-1938 Enclosures: Environmental Assessment Form Resubdivision Application Form Resubdivision Map(s) 2 CHARLES R.CUDDY If � la a �1.. I m n p ATTORNEY AT LAW ..a�J a.. 0 445 GRIFFING AVENUE RIVERHEAD,NEW YORK . "f :�L: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charlescuddy@optonline.net July 5, 2018 Erica Bufkins, Town Planner Planning Department Town of Southold PO Box 1179 Southold,NY 11971 Re: 800 Wickham Avenue and 305 Hill Street, Mattituck-Lot Line Modification SCTM#1000-140-2-30 & 32 Dear Ms. Bufkins: We are enclosing the Affidavit of Posting and Affidavit of Mailing along with the certified mail receipts and green return receipts in connection with a hearing before the Planning Board scheduled for Monday, July 9, 2018- Please make these part of your file. Very truly yours, Charles R. Cuddy CRC:ik Enclosures AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 800 Wickham Avenue and 305 Hill Street, Mattituck, NY 11952 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 _ Tune 2.5.__ 2018 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 June 2_ Charles R. Cuddy Your Name (print) - ,&� / I Signature 445 Griffing Avenue Riverhead, NY 11 1. Address Date Notary Public I' Notary Public, sin.Ju �.�f flewYork iii? OIKIV Ouafified in Suffolk County Commission Expires lurch 3, 20(1( PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon Fri. 7/6/18 Re: Proposed Resubdivision for John & Frances DiVello SCTM#s: 1000-140.-2-32 & 30 Date of Public Hearing: Monday,Jul 2018, 6:01 p.m. Adjacent Property Owners for John & Frances DiVello SCTM#1000-140.-2-30 &32 1. 1000-140.-2-5 2. 1000-140.-2-6 3. 1000-140.-2-7 4. 1000-140.-2-8 5. 1000-140.-2-29.1 6. 1000-140.-2-31.1 47. 1000-140.-2-33 48. 1000-140.-2-37 J9. 1000-140.-2-38 X110. 1000-140.-2-39 ill. 1000-114.-6-2 f C3 z FJ- � E3. t �,. �.,. 3 � � 0 Ow N C O O 7+ fn N .Q mn N9G1 LJ p�wYr ;ervicSsd�t-rv�aa WftW c_kb_oZ;,r WR0 1 11�,Ru�h �� N ,D I ❑Return Receipt elactranfc _ k ® � 0 w • n m W y ❑k eturn I'Ca±caipt(aadr+up,9 ) $ POSIrT1afl( 01 P+ �. 0 m Q d 7 P $ C ❑Cargfied Mall Restricted Delivery $ .�k R ft[1 1--1 F'• W 0 y m d d CCCc,.. p ❑Adult Signature Required $ - � F-' �' 0W m W —nu!¢Signature Restricted Delivery$,_...m._ "a ' S c aro O tv .« 0 _j 00_ N ° (D _ m ®ane Fess � /27/� LnCO � m panf CO CD r9 n C:3act € Sf. � .�£ .-' n it ""� �, m E �a rat x O. r 03 _d ❑oo❑❑ow a o WI ' t k 1 Itl/ 1 � • 4 M» y_ ' w • • V6 rL O fo b m m TL CL 1�.y C���rtl., 3• rtO p � � 3 m • CO rt7 CO ((O �� rt Fxi• G• 0.0. N O .m. , r Co nm :010 0 L O " (h O a1313 rt tn' � H r��ryy I^", o , rD N• z -c D O Mqy m „w GS �.@. r p ro ID C� p w Ln a v w (D m c 00 3 CD y (n w. m -o l.n C:) co m D3 e ® tr M W y❑I❑n❑❑ow o m X e. e a ®s > 1 yroy �rL ' � o ro— M� m � Er " Ln ®— ®�® 'do—rimed N to Nmat� t3b4�r.r � 1 � nCL CL tc " SL Wia Services Fees r ❑Return Recelpt(hardcopy) C3E]Return Racelpt(electronic) ata nrk t3 W /�uZ • C3 ❑Certified Mall Restricted DeRvery a t f. .,� d 3 0 []Adult signature Requiredr ro • '(� Adrift Signature Restricted DeJ VWV u O Er Postage c 3 � , OR - ° � ,� '� asN postageat, Oes$6.70 � �8 ❑❑ a ❑❑0 m as a¢� Qe -sonsao �.� rel_ �a _.. _ a -- sad' c•�at� �r��a N P3 o 03 ° � o o i 1� n o w 0 00 03 O G ID m -� CD 0 ONl3 y o y � a � • n 3 21 N ON w w c0 K O3 MATTLT �° �' = �a iro , — r E 4 __ _ Ln 6 s ti Pi_. fD a �� ..� ' w k d w m ° a U � o m Return Ftarel�i 9 aslexanl}} $ ....._. "! .} �r " 5''w"`� � 'i (OLD �' N rt o a O � tfl�rat rrgr� F r uNrw:NdgnM u4A1n7�u av nr D 3 MO O ( } E�„l» &rr�tk ,r O w rS .+a ❑P.`,Ctlafied Mall 6Yee4rdrted V:bePNmny $ 4-. _ . . �„�-kticr� N, n• fD `G =r C3 E] uft Sanakura ulred 5— '}� � m...,. 6 � (j7 rt 3 C N • Q, W. S!ne¢ure Restricted Delivery$_,,.,�...,.,,.. Er $0.50J y C3Ln 00 J g9g5tm4 ..... w r'1 ...,gg,m,m, —Fees — $6.70 `" CIO N fD g� T�stgmtra0e �ik}'�engart4 w b.70 _. — Ln C3 L rr �adr faP f Ma ry x uro. 2 X db 31 fn ,,_ _....____ ® m� = , 7 J w A _CL n FL � a wal o CL = o = ❑ ❑❑ 0 L O o o • 3 o I.- rt O w w cD rt N rt m =. � • �' Cn I.J. to W O ro m a ro f 3 O n �,N m } c + El ❑❑ 4 Nj w O m -a 00 k0r: l Ind w � � ' � e CD w C3 to EL 0 � p GD a am m Ca rt EA 5 E; �' m co . OCD • N �p N, C 117m e` d 9 a e � e co X �g 3 rt m ul GcmtNm mail Ln + 1 A L �ga�� $3.45 0901 g 1-3 F-1ReturnRecelpt MardwpY) ._.. „,g ) 02 i It ❑1113 0 0 13 P M v ❑naN stonetupre i _ k1 7�t t • a., Z &L ❑Adult Sa gnetum Restricted Delivery ww z B �' Ir $0.51) P� ra FL r3 Total Postage and Fiis— 27/2 18 < Seat TO C3 wt_g a _ ijck_. __1.i tx ._�a.= _ CL �sP. C . O ❑❑ ❑ ❑❑❑ gge�cea:g- 3mm G5 U5 "77 C7'a 71"1 ap y�I' Wy-, K�3 C,n7p4 g J C(C+y#p,'tly!p? Cay 3 ❑', � � I Cn m i ZUl Id D — .+'_O W e M® r• ro $ ,... r- W O US a K Mrd, r. f� a Q O h� a"5^ta • OCD CO W .14CO - v 3 • WY1 1, 71 _ —�). c � @ � H � to Ir 0 fa y %"y o rn f�� �.,. +�„pp�, w Ln strt4tti1 M1�il 4 c f3.4 r (( I( p O m O H rt µ N G.wlrirw'r[rnrlt+� a e l'aatitc&drvtrP eaa*d[rrw� ro r irrp / � "sa •q M M G Q Pe tfi R- d C]Return Receipt.(hardcopy) $ �L .( 4 t au�� )( �w ! O -p)�.U� 16 0 w M r3�P^^�� .urn Recelpt(eiectn'n1c) $ I1 I-.�ft— ,.�yy- UntxOr _ pk ,(��4�ry �I ]AdultlMg attum Requlred�IlVery $$ EI—. �._Vr�— �L^' 'ii O 4tJ'^ 00 e 3 T O w'" x•#a I ,AWI'n t ruwfu ar l'te!mkrN Paye9 k3eNlwergA$ a ( Y�Y � ^ 1 O • C7 r s r r C L-j Ir $0.50 �, �� _ 2.v ED otall Prtxetragtiro and Foos ..�' Ln � $6.70 to � m OM To C3 n t0 it "� &'fex rr, 4:�--------------------------------------------. � _ � ❑❑❑❑❑11❑.. . ra w C3 [Tn.arbo'r Road -i C3 R a w r` S&�®Puaf4tr )Pry • r •e . r e. fine"P. . . ___. o° � �i CL CD dr • °Z as � vw ODyv •, m • Ln @ n rt. _ W C m ? Go O ro ro a � $i _0s Z ( J , o CH-' OH mw � t.q 9 147 . � • rt GL 011 ❑ r) r Q �'�, 3 — �J N bd p ° o o e o CA N 1 a e N N O � Ln w - w .n w g w o .. o OD e� M v M • C3 0 'oC3 CD � � O (D CIO !a ^. — F�SP C13 �g • ® ter " ►ten S? 1i µ ..... u((� rxiN f3 45 5?9k ' ReturnReceipt tiAra�PYh a C3 ®Return R 1pt(elecoonlc) $,__... ci-0 .---. aaatrRa CD •.-. O ®Certified Moil R ed Delivery $ f' r7 Here Q Ca^ r O •c r v— y m • 0 ❑Adult Slgneture Required $ �-- C�7 , m ' .AryutC Signature Raetrbted DeMery$,,..,�..w ... CId•Praatar )tw $0.50 `Q> r-I 06/2 0 C3 FM 70 u V"S 0 a9 rSn�m r s E r N 3 m„ r-9 PS 7tt ��m ��w ] [ ❑ o to mine aanelli n A . ��d acr��ru�a��rC:ivrPr y ❑o .... m der; [,yr-d._. t.�'4d".L�...,....,. -__.,.<..«....._,.w..__._.._•- _.W...___ a 3xde'st Cid, NY 11530 ® . _ � � 0 moo= . o w w o0c b o w �� 3 � »... N O S rt Z CD N. N. a S.+ n, CID J c n n H a w �_ ViN OD O 3 0 Gzz� w (n cam¢ y w' r: • Is e q Z .. L Q ( N rtFy O_ C twCt N C � (1S 1 CID mm g 6s n r `G O i cn p o A � 4-- 0 N• (7 0o ju CO memo= LO H aro n (z G> �) aPC�@frac# ms6 ......... ...._ ....I.p..._.m .. �` f � a.:;,, p m (gyp a e S ,`Co I ��m 0 $3.45 .�� o w _ N D W CD sitm ow ek,;��krr k tro,,ear t r �� rn} r d r `"yi O� W c (p O Return Receipt(hardcopy} 5..._.._ _ 'p• 1 ❑Return Receipt(el ll $ +_!11 I P„ rpt (Op y ❑Codified Mall Restricted Delivery S (D (D �Aduit Signature Required ^ O E]Adult SIDirmluntrm Restricted Worry -`'q V 0. Li Postage Er $0.5p1 � Z y . m � p , 6119. ... ewwd W ". C3ena� s _ U18 � ®®�� � _ � � . 6.7ip � 9 CCID 3 sr cr _....__.. _.__m__m_m,_. 0,2 ® � q�® & tat ffi ®`a� r� ama�' � ,a on �arppaaNY 11435 = c w,. ❑❑ ❑ ❑❑❑ ,. i 9CID 0Kim wixm-0 A w�..»., rt' F'Ft O war I Eli O No hfi O" ( �i �� 3 ❑❑ m UI z torw rW r • E. CL C ay ° a CD m"t o ff 4 A �� Z-t 'C qm • 9 co n cri 1 a APe rtCls c N 4 rt ;+ rp AD CD m may' O r� =rCL AD 9b.r CL (st ? t (113 , O �'.,.. .� W FJ- E3 „ m O m • q wap '.: (~p a1�A1 t� (D O n r t3 (D `G S • ri a m T 3CO O N MAT 1i pr � � N r (D Ln Certified Mai{Flea $3.45 ... 4901 � � S 1 Il Receipt pawdooph�k laean'^.aca Pena p �.r• 'r, f �. c W O _... CO ❑Return Receipt electron DelWery S � Cp pp In 1300013P k fled tricted L-i W c C3 Aden si �► y rt�i m ❑quit gnature ReatrR�nkt� I s «0' (D . O Pop� yy$ � FL ! ° °r $0.50 _ C o a p(rpneaeagDe gag tp2,777! $6.70 , h SON Tb wri ------------------------------------------------------- �r • r% .%Ptv ew-_- Priv ...... ---------- 0 LB, ._____-_0LB, C7(OmV � .s .� ❑ 1113. zn �, CL o ° tr•3 a 0 0 o CIDrt bdEg 9, Oi ru CA)ci� ca rt DC m �.« o m r O CL 7 O N. O m , m II� N "1 w m MAT T r�%%ff l ��pII;I1Ir1 9 r �� _ � ¢ w rD m w Ln l olffii f Mail Ftr1<s.. ..... .. K � � N U1 � y $3.45 1I'll N o x v o E 1 .Return Receipt d� •_$__.. ( T.• (� o �' '.... O w w 3 a iv N o a vua ��, ( O m w F�lle�.,.vm rk¢H�.���.6^Nb�M�crwrzr�Grv�n,eau�ar��rorr a�u:dn) "�� m CL CL Co ®R Return p¢( I®) S �� R•leatc�"a ,^,r p, 8 O �' o O w W O Cert Mail Restricted Deg S _ ,. r 2 V N w 1 0 []Adult Signature Required Ste_ r .t 9 ¢ a 7 Co 0 Adult Signeture Restricted D®li S a W 0 'W N O 1 1 �r }Xj{ 1 O�dIM Postage(�•8AP¢tt# 5'J 0 •�d �� T ® � � w C � ' O Posta ® O CD � Je �� Cr�r�� I A m. m $T.70 O O (DCD f� Swot"r .4. ,_ l 7 O )r ttrr i rP tVr;, ¢r fox a i! C1:C 44d? .0 :1013❑00❑w ttituck NY 11.952 M 6 � • c.m e • 1 r t r r r•r 0.&Y 11 r�y,C#�y r L ma Olt Cr m Z a In n • CIL r CH❑ ❑ ❑❑❑ • trr ^o a•� J !'� r7� 3 ® 0 Co Co tjEr So Ln .4a9a1 a2MarcJr Y�gw,a pee ne r t; +rJ ��..O ❑oetumReceilpt(atrktedt)elNery s�ceipt(heMcoPY) $ ftd Adult Signature PAquWd ❑Aduit rwture Reatrk:ted D+511ww S �� �e��"��, ® � � C:e ® • C3 poSlg4. lacgtx #a.5r� 21 o r. - a6I x 2018 cc r-9Cc . r # .70 1r ""21S r� uraT� ¢ lrlddniliF® #3.45 0901 a a2 _....... ._......._..._._ ❑Retu'r�wtr�¢¢: tp,.nk 1"�chr�,tr.'O,rr,uo Ful rruaea radaa) Fxtra �tFoes __....... ____...... .__..,... _ .._.,......_._..._ "4u�Cuan Receipt(hardooPY) � mR _ Pt f mnlc .,..., o C3 [I Codified R�cead Delivery Q El Adult nature aped sS � are,tY�. OAdutt.:slgnature Gtmittcaecd DeNverY S D P oSt e Ir #a.5a � at�iN Pr�� �ren�1 ��¢�• �xM l27t2 $6.70 . . Ino r� t Pal t�a .° a�..u.------------------ r%- �a tfxv------------------------------------------_.._-_m ..___.. .__.- m t ..era OFFICE LOCATION: MAILING ADDRESS: So Town Hall Annex � , � P.O. Box 1179 54375 State Route 25r `' Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5, 2018 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Classify SEQRA and Set Preliminary Plat Public Hearing Proposed Resubdivision for John and Frances DiVello 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM#1000-140.-2-30 & 32 Zoning District: LI and RO Dear Mr. Cuddy: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, June 4, 2018: WHEREAS, this resubdivision proposes to transfer 0.85 acres from SCTM#1000-140.- 2-32 to SCTM#1000-140.-2-30. Lot 30, located in the LI Zoning District, will increase from 0.47 acres to 1.37 acres. Lot 32, currently located in both the RO and LI Zoning Districts, will decrease from 1.43 acres to 0.52 acres, and will be entirely in the RO zoning district; and WHEREAS, on May 7, 2018, at their Work Session, the Planning Board found the application complete upon submittal of six copies of the map corrected to include the property owner's names and addresses; and WHEREAS, on May 10, 2018, the applicant submitted six copies of the corrected map to make the application complete; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type 11 list of actions; be it therefore DiVello Page 2 June 5, 2018 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, July 9, 2018 at 6:01 p.m. for a Preliminary Plat Public Hearing regarding the map entitled, "Re- subdivision for Divello," created by John Metzger, Licensed Land Surveyor, March 7, 2012, and last revised May 16, 2018. The public hearing packet regarding the Town's notification procedure and the sign & post will need to be picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Please return the Affidavit of Posting, included in the packet, along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, July 6, 2018. The sign and the post need to be, returned to the Planning Board Office after the public hearing is closed If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, e-�a Donald J. Wilcenski Chairman Encls. Southold Town Plannin 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 Resubdivision; 2. That the properties which are the subject of the application are located adjacent to your property and are described as follows: SCTM#140.-2-32 & 30 3. That the property which is the subject of this application is located in the LI & RO Zoning Districts; 4. This proposed resubdivision will transfer 0.85 acres from SCTM#1000-140-2-32 to SCTM#1000-140-2-30. Lot 30 located in the LI Zoning District will increase from 0.47 acres to 1.37 acres and Lot 32 located in the RO Zoning District will decrease from 1.43 acres to 0.52 acres; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd Fl., Former 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: 1. Go to the Town of Southold website www.southoldtownn :_qov; 2. Click on Town RecordsMeblink icon located on the home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Lot Line Changes", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above), Or by sending an e-mail message to: Jessic,aM@soutl-iol townny ,,oar; 6. That a Public Hearing will be held on the matter by the Planning Board on Monday, July 9 2018 at 6:01 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; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: John & Frances DiVello Date: 6/5/2018 Adjacent Property Owners for John & Frances DiVello SCTM# 1000-140.-2-30 & 32 1. 1000-140.-2-5 2. 1000-140.-2-6 3. 1000-140.-2-7 4. 1000-140.-2-8 5. 1000-140.-2-29.1 6. 1000-140.-2-31.1 7. 1000-140.-2-33 8. 1000-140.-2-37 9. 1000-140.-2-38 10. 1000-140.-2-39 11. 1000-114.-6-2 z - x e T [ � — 94l'ON X38335 T F� 3N IYJ1bW "'/ w a ar �Np N w ^~ as w 11 1p duE LAd =a 28 A Y r� �8 \ �,-�� �IkGti/��!!wV�2L'JtBl71�'!yY%111�� � m5a 'P.°i�✓�� � a.O� d ✓ter a,� .,, ,�5 � "$ �e t� � 5 �e ids g J f Id _ f Al qq p¢ all a 0 a � a; I 1 -� 'l a r. P z 1-3 z s r O ar u L w `� ��,�'' ✓A v I u f o / H e R 8 41y I P. +' �' ✓ I I III 2d`u l/�,✓ I I I L s I y� ��'`�"�-tea„ /,'✓' �',t�,�e�"v 4 ,�, ,'.� t.� y IT= ..._.. _......._..._ .m ... al51 AI��Iy I _ 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 AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon Fri. 7/6/18 Re: Proposed Resubdivision for John & Frances DiVello SCTM#s: 1000-140.-2-32 & 30 Date of Public Hearing: Monday, Jul 9 2018 6:011 pm. Southold Town Planning Board Work Session — May 7 2018 -- Page 2 Project Name: McCall Wine Production Facility Amended ( SCTM#: 1000-109-1-38� Location: 22600 Route 25, Cutchogue Description: This amended application is for the proposed construction of a multi-level 7,237 sq. ft. (including basement) wine production and storage facility, not open to the public, including a 2,992 sq. ft. timber barn for agricultural storage to be constructed above a 4,245 sq. ft. winery on a 1.8 acre reserve parcel (SCTM109.-1-38) adjacent to over 84 acres of land (SCTM116.-1-2.2 & 3.4) with Suffolk County Development Rights in the AC Zoning District,. Status: New Application Action: Completeness r Attachments: Staff Report Project Name: The Heritage at Cutchogue 2015 (Harvest # Pointe), _�SCTM#: 1000-102-1-33.3 _. _.. A........... _ _..... _.. . _ . . Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This proposed Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Status: Approved with Conditions e�. e Action: Review Revised Architectural Plan & Pool Landscaping Proposal Attachments. Staff Report Project name Liebert, Kenneth & Elizabeth ( SCTM#: 1000-54-3-14.8 Location: 6510 Hortons Lane, Southold Description-, This proposal is for a Standard Subdivision of a 2.43 acre parcel into two lots where Lot 1 is 1.22 acres and Lot 2 is 1.21 acres located in the R-40 Zoning District. .r Sta s: 1 New Applic1.a11 tion Action: Completeness Attachments Staff Report ( Project Name; Divello, j � John & Frances Re- j SCTM#: 1000-140-2-30 & 32 Subdivision Location: 800 Wickham Avenue & 305 Hill Street„ Mattituck Description: I This re-subdivision proposes to transfer 0.85 acres from SCTM#:1000- 140.-2-32 to SCTM#:1000-140.-2-30. Lot 30, located in the LI Zoning District, will increase from 0.47 acres to 1.37 acres. Lot 32, currently located in both the RO and LI Zoning Districts, will decrease from 1.43 0.52 acres, and will be entirely in the RO Zoning District. acres to _...._ ....__ _ Status: Pending Action: Completeness Attachments: Staff Report Southold Planning Department Staff Report Re-subdivision Application Work Session Review Date May 7, 2018 Prepared By: Erica Bufkins I. Application Information Project Title: Re-subdivision for John & Frances DiVello Applicant: John & Frances DiVello Date of Submission: July 18, 2012 Tax Map Number: 1000-140.-20-30 & 32 Project Location: 800 Wickham Avenue & 305 Hill Street Hamlet: Mattituck Zoning District: LI & RO II. Description of Project Type of Subdivision: Re-subdivision Acreage of Project Site: 1.89 acres # of Lots: 2 III: Status Pending IV: Action to review Re-subdivision Completeness Reactivate Application V: Project Analysis This re-subdivision proposes to transfer 0.85 acres from SCTM#:1000-140.-2-32 to SCTM#:1000-140.-2-30. Lot 30, located in the LI Zoning District, will increase from 0.47 acres to 1.37 acres. Lot 32, currently located in both the RO and LI Zoning Districts, will decrease from 1.43 acres to 0.52 acres, and will be entirely in the RO zoning district. Through the proposed re-subdivision, the lot line of this parcel will move to the zoning line. As a result, Lot 1 will be entirely in the LI Zoning District and Lot 2 will be entirely in the RO Zoning District. On July 18, 2012, the applicant submitted a re-subdivision application including a copy of Stipulation of Settlement Index No. 8376 between the applicant and the Town for rezoning the LI portion of the property to R-40 through Local Law 9 of 2011. The settlement included the following stipulations: Page 2 2. Action to be taken by the Town b. Re-subdivision (Lot Line Modification) Application i. Plaintiff shall meet with Planning Staff for a pre-submission meeting; Staff: Applicant met with staff prior to submission of the application. ii. Within two (2) months of the said Re-zoning of the Contested Portion the Plaintiff shall submit an application for a lot line modification/Re-subdivision for the Property to the Town of Southold Planning Board (Planning Board) and the Suffolk County Department of Health Services (SCDHS) pursuant to the requirements of the Town and County Codes relating to subdivision applications (the "Re-subdivision'); Staff: The Town Board passed Resolution No. 2011-872 re-zoning SCTM#: 1000-140.-2-32 from R-40 to RO on December 20, 2011. The applicant filed a re-subdivision application with the Planning Board on July 18, 2012 and missed the two month deadline. It is unknown if an application was submitted to SCDHS. Approval by the SCDHS will be required. ♦ Staff discussed the two month deadline with the Town Attorney on April 18, 2018 and the recommendation was to proceed with the application. iii. The lot line modification/Re-subdivision application shall seek approval for the establishment of a property line demarcating the different zoned portions of SCTM 100-140-02-32 in conformance with the map annexed hereto as Exhibit A. Staff: The proposed map matches Exhibit A included in the stipulation. c. The Town agrees to use its best efforts, subject to the Town's requirements for processing the Re-subdivision applications, to ensure that Plaintiff's application is processed expeditiously and timely considered. The Plaintiffs shall comply with Town's procedures and any other procedures currently in place for processing these applications Staff: In process. d. Nothing in this Stipulation shall be construed as directing any specific conclusions by any Board of the Town charged with the issuance of any findings or approval of the Re-Zoning of the property, the Re-subdivision of the property or the variance application, if necessary. It is Page 3 acknowledged that the Boards reviewing these applications are required to act upon the record made before them, at public meetings, in accordance with applicable law. e. The Town shall waive all application fees and any other fees in connection with the Re-subdivision applications, and the variance application, if necessary, without necessity for further request of the Plaintiffs. Staff: Application Fee waived. On December 20, 2012, the Zoning Board of Appeals granted an area variance for lot area and setbacks. Lot 32 did not conform to the Bulk Schedule requirements in the RO Zoning, which requires a lot area of 40,000 sq. ft. and a front yard setback of 50 feet. This variance was granted in ZBA File# 6613. The following table shows the re uirements for Re-subdivision Completeness: .. .. Required Submitted Cover Letter Yes Re-Subdivision Application ' Form Yes Authorization Letters Yes Transaction Disclosure Form Yes Property Deed Yes Copies of Easements, C&Rs N/A Proof the parcel meets Lot Recognition Yes — Certificates of Occupancy Yes Part I of the Env. Assessment FormYes Application Fee .m. N/A —... m_.. .. . � Stipulation of Settlement Index #:8376, Fee Waived 6 Copies of the Re-subdivision Plan Yes inclusive of the following: • Existing and proposed acreage for each lot; • Existing and proposed lot configuration for each lot; • Existing lot lines shown with dashed lines and proposed lot lines with solid lines. _—_ _ . .m ...-- ro,. ..., n.._.. Draft Deeds inclusive of the statement: Yes * "The Southold Town Planning Board approved of this Re-subdivision by resolution on (insert approval date)" Schedule with legal description of Re subdivision Yes .............._ LWRP Consistency Form Yes — Exempt from LWRP review The following table shows the technical re uirements for a Re-subdivision Plan: Page 4 ..................... Submitw. ted Scale 1 100' Yes — 1 40' OK with Count Y.- Key Legend Yes Existina & Proposed lot lines Yes Table with existing and roposed Yes acreage Existing and proposed improvements N/A Nameof �Ject Yes Project Name of all 'property owners No — Required* Name, address, seal and license number Yes of NYS license surveyor or engineer preparing,the plan North arrowYes Tax map numbers Yes All utilities, available Yes Zoning District Yes Existing easements and C&R's including N/A liber and page number .......... Distance to nearest existing, or platted Yes streets, intersections, or other public ways within or immediately adjacent to the lots Location of wetlands, recharge areas, N/A flood-prone areas (as shown on the FEMA Flood Maps) and the Coastal Erosion Hazard Area line Property owners' names and addresses are not shown on the map. Section 240- 10 Technical Requirements of the Southold Town Code requires that the owners name and legal address of properties be shown on the map. VI: Recommendations 1. Find the application complete upon receipt of six copies of the map revised to include the property owner's names and addresses. 1. Set Public Hearing upon receipt of the amended map. 2. Refer the application to the Suffolk County Planning Commission for comment and SEQRA coordination. 3. Since approval from the Suffolk County Department of Health Services is required through Stipulation of Settlement Index No. 8376, also refer the application to the Suffolk County Department of Health Services and include a SEQRA coordination. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex 10 sf P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 www.southoldtowirmy.gov 0 Ali ou PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 11, 2018 Charles Cuddy, Esq. P.O. Box 1547 ' Riverhead, NY 11901 Re: Proposed Lot Line Modification for John and Frances DiVello 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM#1000-140.-2-30 & 32 Zoning District: LI and RO Dear Mr. Cuddy: The Planning Board reviewed the above-referenced application at their May 7, 2018 Work Session for Sketch Plan application completeness. The application will be considered complete upon submission of the following; 1. Six copies of the map revised to include the property owner's names and addresses. If you have any questions regarding the above, please contact the Planning Board Office at 631-765-1938. Respectfully, Erica Bufkins Planner Trainee S�b�r ID EC VE CHARLES R.CUDDY APR2 2018 ATTORNEY AT LAW 445 GRIFFING AVENUE Southold Town RIVERHEAD,NEW YORK I Board Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charlescuddy@optonline.net March 29, 2018 Erica Btifkins, Town Planner Planning Department Town of Southold PO Box 1179 Southold,NY 11971 Re: 800 Wickham Avenue and 305 Hill Street,Mattituck-Lot Line Modification SCTM#1000-140-2-30 &32 Dear Ms. Bufkins: Pursuant to your letter of November 27, 2017,we are enclosing the proposed deeds in connection with this lot line modification. Please review them and advise if they meet your department's approval. Very truly yours, el Charles R. Cuddy CRC:ik Enclosures r i � OFFICE LOCATION: DZAIL7NG ADDRESS: Town Hall Annex ��oF S®(/�y® P.O.Box 1179 54375 State Route 25 Southold,Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) ' - Southold,NY Telephone: 631765-1938 vs www.southoldtowuny.gov Comm PLANNING BOARD�OFFICE TOWN OF SOUTH OLD I November 27, 2017 Charles Cuddy,,Esq. P.O. Box 1547' ---- Riverhead, 547Riverhead, NY 1'1901 Re: Proposed Lot Line Modification for John and Frances DiVello 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM#1000-140.-2-30 & 32 Zoning f District: LI and RO Dear Mr. Cuddy: As requested in your letter dated September 19, 2017, we have reviewed this file and the revised,plats you submitted to determine the next steps necessary to reactivate the application referenced above. The only remaining outstanding item is to submit the draft deeds that will accomplish the transfer of property. The draft deeds must include the following: a. A reference stating "the Southold Town Planning Board-approved this lot line modification by resolution on (insert approval date)"; b. A schedule with the legal description(s). Upon submission of draft deeds, this application will be reviewed by the Planning Board at their next available Work Session. Upon finding the application complete, the review process will commence with a Public Hearing being s,et and referrals to other agencies sent. If you have any questions regarding the above, 'please contact the Planning Board Office at 631-765-1938. Respectfully, Erica Bufkins Planner Trainee NY 005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of ,in the year 2018 BETWEEN FRANCES DIVELLO, as surviving tenant by the entirety of John DiVello, residing at 1705 Meday Avenue,Mattituck,New York, 11952 party of the first part,and DIVELLO HILL STREET,LLC, a New York Limited Liability Company with office located at 800 Wickham Avenue,Mattituck,New York 11952 party of the second part, 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 in the SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF THIS CONVEYANCE INVOLVES A LOT LINE MODIFICATION APPROVED BY THE SOUTHOLD TOWN PLANNING BOARD BY RESOLUTION DATED ATTACHED HERETO AS SCHEDULE "B" IS A MAP SHOWING THEiLOT LINE MODIFICATION. TOGETHER with all right,title and interest,if any,of the party of the first part of,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 fust part covenants that the party of the first part has not done or suffered;anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration!as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: USEACKNOWLEDGMENTFORMBELOWwiTHINNEWYORKSTATEONLY USEACKNOWLEDGMENTFORMBELOWwrrHINNEWYORKSTATEONLY . State of New York,County of Suffolk }ss.: State of New York,County of }ss.: On the day of in the year 2018 On the day of in the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared Frances DiVello , , personally known to me or proved to me on the basis of satisfactory personally 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 evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged'to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted,executed the instrument. behalf of which the individual(s)acted,executed the instrument. ACKNOWLEDGMENT FORM FOR USE WITHIN NEW YORK STATE ONLY. ACKNOWLEDGMENT FORMFOR USE OUTSIDENEW YORKSTATE ONLY. . [New York Subscribing Witness Acknowledgment Certificate] (Out of State or Foreign General Acknowledgment Certificate] State of New York,County of }ss.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .}ss.: (Complete Venue with State,Country,Provence or Municipality) On the day of in the year before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who,being by me duly sworn, did depose and personally known to me or proved to me on the basis of satisfactory say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed (if the place of residence is in a city,include the street and street number, the same in his/her/their capacity(ies),that by his/her/their signature(s) if any, thereof);that he/she/they know(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the instrument;that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS TITLE NO. DISTRICT 1000 SECTION 140 FRANCES DIVELLO BLOCK 02 LOT p/o 32 COUNTY OR TOWN Southold TO DIVELLO HILL STREET,LLC RECORDED ATREQUEST OF Fidelity National Title Insurance Company RETURNBYMAIL TO FIDELITY NATIONAL TITLE INSURANCE COMPANY INCORPORATED 1928 tw mm' Fidelity-00 l' Member New York State land Tide Association W U lL LL O 0 _Z O U W LL O W N O LL W U n a U) U) x W tr W N W i SCHEDULE "A" DESCRIPTION OF PROPERTY AT MATTITUCK SUFFOLK COUNTY TAX`MAP#1000-140-02-30&P/0 32 ALL THAT CERTAIN PLOT; PIECE OR PARCEL,OF LAND,SITUATE, LYING AND BEING AT MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE'OF NEW YORK BEING BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERLY SIDE OF HILL STREET AT THE INTERSECTION'FORMED BY THE EASTERLY SIDE OF WICKHAM AVENUE WITH THE NORTHERLY SIDE OF HILL STREET; RUNNING THENCE FROM THE SAID POINT AND PLACE OF BEGINNING IN A NORTHERLY DIRECTION ALONG THE EASTERLY SIDE OF WICKHAM'AVENUE NORTH 20 DEGREES 24 MINUTES 30 SECONDS WEST A DISTANCE OF 122.89 FEET TO A POINT AND THE SOUTHERLY LINE OF THE LONG ISLAND RAIL ROAD; THENCE ALONG THE SOUTHERLY LINE OF THE LONG ISLAND RAILROAD NORTH 46 DEGREES 20 MINUTES 20 SECONDS EAST A DISTANCE OF 511.20 FEET TO A POINT; THENCE SOUTH 43 DEGREES 39 MINUTES 48 SECONDS EAST A DISTANCE OF 113.56 FEET TO A'POINT AND THE NORTHERLY SIDE OF HILL STREET; THENCE ALONG THE NORTHERLY SIDE OF HILL STREET SOUTH 47 DEGREES 08 MINUTES 40 SECONDS WEST A DISTANCE OF 234.13 FEET TO A POINT; . THENCE SOUTH 45 DEGREES 52 MINUTES 30 SECONDS WEST A DISTANCE OF 325.62 FEET TO THE POINT AND PLACE OF BEGINNING. _ 41`y IYIy-^I4� t• a t+ k , � t:..t',r.�A ANIV SCHEDULE "B" RE—SUBDIVl3lON FOR DIVF,LLO •w AT MAMIUCK My,OF 5OUTNOLD SUFFOLK COUNTY,NY RA AVRlV6 r�F LONO DD:AND /N2 PD1D ' / y , � .aZa'YOY la)w •.+ � ..r .., la))NI �»Yt ' l�/Ti.�l, ...—� �e.� G€�µ� �•e <e<,_,e�a Bf ..», ^ � '�_ o, r [[ R / y >ob'• _ to MD LOT GOh A—TIDN ---- w r+Ab•n u�<SIMbAPO l P)/roMnvAt >t9i INS OAi Mr�'")<'ttA ^ff�^•' ' alvsu.ner stxrr[ v wx (—•—_— 1RPtGSt2lW'-009FfA1NAPIDN `"�\`1 . u w`"• - aae-).D-�az Ausaeeloa m rr � `'''�ryn �,\rl5'l).�1,' :)..a vaOAm. ; <e euM v_nw..w�. -eQa�56 Fl I •1l .P, MOB= .•ruNAnua ema Nina unnn• uu•.r•<w.•eum✓nMr IMPAR6A^PPRIP.mR — -- YJW Av(uprz- N>Rrt.,:mJ,nrt«),.n��•9::° � ----' I a rano y NY 005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of in the year 2018 BETWEEN FRANCES DIVELLO,as surviving tenant by the entirety of John DiVello, residing at 1705 Meday Avenue,Mattituck,New York, 11952 party of the first part,and FRANCES DIVELLO, residing at 1705 Meday Avenue,Mattituck,New York 11952 party of the second part, 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 in the SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF THIS CONVEYANCE INVOLVES A LOT LINE MODIFICATION APPROVED BY THE SOUTHOLD TOWN PLANNING BOARD BY RESOLUTION DATED ATTACHED HERETO AS SCHEDULE "B" IS A MAP SHOWING THE LOT LINE MODIFICATION. TOGETHER with all right,title and interest,if any,of the party of the first part of,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. I AND the party of the first part covenants that the party of the first part has not done or suffered'anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: USEACKNOWLEDGMENTFORMBELowwmHINNEWYORKSTATEONLY USEACKNOWLEDGMENTFORMBELOWWrrHINNEWYORKSTATEONLY State of New York,County of Suffolk }ss.: State of New York,County of }ss.: On the day of in the year 2018 On the day of in the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared Frances DiVello , , personally known to me or proved to me on the basis of satisfactory personally 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 evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted,executed the instrument. behalf of which the individual(s)acted,executed the instrument. ACKNOWLEDGMENT FORMFOR USE WITHINNEW YORKSTATE ONLY. ACKNOWLEDGMENT FORMFOR USE OUTSIDENEW YORKSTATE ONLY. [New York Subscribing Witness Acknowledgment Certificate] (Out of State or Foreign General Acknowledgment Certificate] State of New York,County of }ss.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . }ss.: (Complete Venue with State,Country,Province or Municipality) On the day of in the year before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted,who,being by me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed (if the place of residence is in a city,include the street and street number, the same in his/her/their capacity(ies),that by his/her/their signature(s) if any,thereof);that he/she/they know(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the instrument;that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS TITLE No. DISTRICT 1000 SECTION 140 FRANCES DIVELLO BLOCK 02 LOT 32 COUNTY OR TOWN Southold TO FRANCES DIVELLO RECORDED ATREQUEST OF Fidelity National Title Insurance Company RETURN BY MAIL TO FIDELITY NATIONAL TITLE INSURANCE COMPANY INCORPORATED 1928 Fidelity.0 Member New York State Land Title Association W U LL LL O 0 Z D U W LL O W N O W U ' Q a N U) S F- W W N W 7 1 - SCHEDULE "A" DESCRIPTION OF PROPERTY AT MATTITUCK SUFFOLK COUNTY TAX MAP#10.00-140-02-P/O 32 ALL THAT CERTAIN-PLOT, PIECE-OR PARCEL OF LAND SITUATE, LYING AND BEING AT MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK_ BEING BOUNDED AND DESCRIBED AS'FOLLOWS; BEGINNING AT A POINT ON THE NORTHERLY SIDE OF HILL STREET AT THE INTERSECTION FORMED BY THE WESTERLY-Si DE'OF MARY'S ROAD WITH THE NORTHERLY SIDE OF HILL STREET; RUNNING THENCE FROM THE SAID POINT AND PLACE,OF BEGINNING IN A WESTERLY DIRECTION, ALONG THE NORTHERLY SIDE OF HILL STREET SOUTH 47DEGREES 08 MINUTES 40 SECONDS WEST A DISTANCE OF 164:92 FEET TO A POINT; THENCE NORTH 43 DEGREES 39 MINUTES 48 SECONDS WEST A DISTANCE OF 113.56 FEET TO A POINT AND THE SOUTHERLY LINE OF THE LONG ISLAND RAIL ROAD; THENCE ALONG THE SOUTHERLY LINE OF THE LONG ISLAND RAIL ROAD NORTH 46 DEGREES 20 MINUTES 20 SECONDS EAST A DISTANCE OF 229'.27 FEET TO A POINT AND.WESTERLY SIDE OF MARY'S ROAD; THENCE,SOUTH 14 DEGREES 36 MINUTES 50 SECONDS EAST A DISTANCE OF 132.55`FEETTO THE POINT AND PLACE OF BEGINNING. , v `` i ofd 1 SCHEDULE "B" RL MBDIVISDIN FDR DIVSLLO AT M TOWN OF 50UTXOATTMNKZI LD S71M.W. �COUNTY,N,Y. Q faaa'Ili �!aP ae�a C®' Sa � \°jn„� Cl { ti +.• db"V °!44°'..M.,6�^"mn L �FI � f •w..up..�vii.mv 1 m.omn r+rn �� �—N•wm�_— `\`y-_RIMLTON—AOOIN! J /.-- y3 A'� �� ....m„v�,.e•wee.+ f i^..gg.. .., —_�r � @ 4 ee T`• ��,�•'_`� ±O x)s M of i 5 ^nu^x R v M.N .,•+1{h' ==cee• a¢_;_._T m�emr=_�•_s.ioP.. y,.. exec �S ---- Ix]fiaolar_cavrmvr.,ettoN ...v w.... afrrnare -_�� rJnlrsfA.sai w_Yt7aPRlnox '�`M'~”\\� �.mwu.sfxef as<wra ;{ ��f`'�e°;i.`.:m�.`'•S'n`os.,�.. � fom-r.a�a�ar.'a�,,r.°ro•mrT i > �^..f61�. �,r0r°ae nm�a+me<.ep���a.e'.x.�ae,,. «••"'"••••"•�• mrt�i�l.arA]se rr I •�, ten.; ,�«f3d� �ncv woe.auin`3p of-imT yi ,,,,«,�„x.,,.,. rm a asu••]ciuT sn T: ...mmmJJJ rl�f m.wm far 1P-133 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *r3f SOUJy� P.O. Box 1179 54375 State Route 25 �Q �� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY jr Telephone: 631 765-1938 va www.southoldtownny.gov AAUNT`1,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 27, 2017 Charles Cuddy, Esq. P.O. Box 1547 - Riverhead, NY 11901 ✓ Re: Proposed Lot Line Modification for John and Frances DiVello 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM#1000-140.-2-30 & 32 Zoning District: LI and RO Dear Mr. Cuddy: As requested in your letter dated September 19, 2017, we have reviewed this file and the revised plats you submitted to determine the next steps necessary to reactivate the application referenced above. The only remaining outstanding item is to submit the draft deeds that will accomplish the transfer of property. The draft deeds must include the following: a. A reference stating "the Southold Town Planning Board approved this lot line modification by resolution on (insert approval date)"; b. A schedule with the legal description(s). Upon submission of draft deeds, this application will be reviewed by the Planning Board at their next available Work Session. Upon finding the application complete, the review process will commence with a Public Hearing being set and referrals to other agencies sent. If you have any questions regarding the above, please contact the Planning Board Office at 631-765-1938. Respectfully, { Erica Bufkins Planner Trainee 1 CHARLES R.CUDDY E C C ATTORNEY AT LAW SEP 1�)T 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailings Address: rL('33,}369-40 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charlescuddy@optonline.net September 19, 2017 Heather Lanza, Planning Director Planning Department Town of Southold PO Box 1179 Southold,NY 11971 Re: 800 Wickham Avenue and 305 Hill Street,Mattituck-Lot Line Modification SCTM#1000-140-2-30 & 32 Dear Ms. Lanza: In accordance with our discussion and your advice concerning the letter of January 25, 2013, enclosed please find an updated maps.Please review and advise us if we are in a position to submit the proposed deeds. Thank you. Very truly yours, L?"/� 1 Charles R. Cuddy ;r CRC:ik Enclosures l`1 '. MAILING ADDRESS: PLANNING BOARD MEMBERS OF SUUr P.O.Box 1179 DONALD J.WILCENSKI O�� y0l Southold,NY 11971 Chair � � OFFICE LOCATION: WILLIAM J.CREMERS C Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �lif'`►oUM+� Southold, NY IY 1, Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 25, 2013 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Lot Line Modification: John and Frances DiVello 800 Wickham Avenue & 305 Hill Street, Mattituck SCTM#1000-140-2-30 & 32 Zone: LI and RO Dear Ms. Wickham: The Southold Town Planning Department has reviewed the above-referenced application and has found it incomplete. To complete the application, please submit the following items: 1. Copies of all COs for Lots 30 and 32; 2. Proof that Lot 30 meets lot recognition pursuant to Town Code §280-9 (enclosed is a copy of the Planning Department's policy); 3. Changes to be made immediately to the plat: a. Include a small diagram on the plat that shows the existing property boundaries. 4. Submit draft deeds that include the following: a. A reference stating "the Southold Town Planning Board approved this lot line modification by resolution on (insert approval date)"; b. A schedule with the legal description and a schedule with a map or a sketch illustrating the modification on legal or letter-size paper. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sa atino Planner r Southold Planning Department Lot Recognition Parcels of land must meet the Town's Lot Recognition Code to be eligible for building permits or other development approvals. Lots that meet the following criteria a recognized: 1. A lot created by Planning Board approval. 2. A lot created prior to June 3 0, 1983 that was approved or recognized by formal action of the Zoning Board of Appeals. 3. A lot created by a deed without Planning Board or Zoning Board approval is acceptable as long as it meets the following criteria: • The deed is dated June 30, 1983 or earlier. • The lot conforms to the minimum lot requirements and Bulk Schedule AA (Early zoning maps can be found on Laser fiche. There is one early zoning map in the Planning office) • The lot has not merged with another lot Lot recognition must be provided to the Planning Board prior to any Planning Board action. Acceptable means of identifying that the lot meets this code include the following: 1. Previous Planning Board approval (subdivision map) 2. Previous Zoning Board approval prior to June 30, 1983 3. A copy of the recorded deed showing that the lot was created as it appears today prior to July 1, 1983. A Title Report is probably the clearest way to demonstrate that the lot has existed in its current form prior to July 1, 1983. For properties that have been held in the same ownership and configuration since prior to July 1, 1983, a simple copy of the deed and a current survey will suffice. Updated May 31, 2011 I ,7 BOARD MEMBERS r3F so o Southold Town Hall Leslie Kanes Weisman,Chairperson tio�� l/y�`O 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer ua ac Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Ken Schneider l co 5�`t.` Southold,NY 1]971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS P.2� D TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 D . FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town clerk MEETING OF DECEMBER 20,2012 ZBA FILE: 6613 NAME OF APPLICANT: John M.and Frances C.DiVello SCTM#'s-1000-140-2-32&30 PROPERTY LOCATION: 305 Hill Street (comer,Mary's Avenue) & 800 Wickham Avenue (corner Hill Street) Mattituck,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 29, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcels are located in two zone districts. Lot 30 is in zone LI and lot 32 is partially in the LI zone and the RO zone. Lot 30 is improved with a two story framed building and a one story framed building.Lot 32 is improved with a one story framed dwelling. The combined square footage of the lots is 82,443 with 724.67 feet of frontage on Hill Street, 132.55 feet along Mary's Road, 740.47 feet along the Long Island Rail Road property and 122.89 feet on Wickham Avenue as shown on the survey prepared by John T. Metzger, Peconic Surveyors dated March 7,2012 last revised December 7,2012. BASIS OF APPLICATION: Request for Variances under Article III Section 280-39 and the Building Inspector's July 27, 2012, updated October 31, 2012 Notice of Disapproval based on an application for building permit for a lot line change, at: Proposed Lot#32- 1) less than the code required minimum lot size of 40,000 sq. ft.,2) less than the code required front yard setback of 50 feet. CRELIEF REQUESTED: The applicant requests variances to change the lot line by reducing the size of the RO to 22,647 sq. ft: where bulk schedule requires 40,000 sq. ft. and a front yard setback on Lot 32(Hill Street) 7' where the code requires a front yard setback of 50 feet, ADDITIONAL INFORMATION: This property has historically been utilized for two distinct uses. A portion of the lot (the 22,647 sq. ft. with frontage on Mary's Road)has been used as a residential single family dwelling and was given a building permit to construct a residence in 1983 (Building Permit No. 12331). The applicant has acknowledged that a Certificate of Page 2 of 3—December 20,2012 ZSA Ftle#6613-DiVello CTM- 1000-140-2-32&30 Occupancy was never obtained for the dwelling, but that once Department of Health, Planning Board and variance approval is obtained, it will apply for a certificate of occupancy as required by the Town Code. The other portion of the lot has consistently and historically been utilized in conjunction with the Light Industrial use on the adjacent lot, which is also owned by the applicant. The applicant is seeking to relocate a lot line to create two lots that are consistent with the historic uses and the present zoning of the property(Light Industrial and Residential Office). The present zoning of the property was the result of a settlement between the applicant and the Town challenging the rezoning of this property in 1999. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2012 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law$267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed Residential/Office(RO)zoned lot containing 22,647 square foot has an existing house and is geographically distinct from the Light Industrial (LI)portion of the property because of the differential in elevation. When separate the RO lot will remain unchanged in appearance and size which is consistence with other residential lots in the neighborhood. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. This application is the result of an amendment to the zoning of the property, subsequent litigation commenced by the applicant and a settlement agreement reached between the Town of Southold and the applicant with respect to the RO zoning on the 22,647 sq. ft. portion of the property. 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 43% relief from minimum lot size required in the RO zoning district and a 9% decrease in the minimum front yard setback. However, the lot size is consistent with other residential lots in the neighborhood, and the front yard setback is one of 2 front yards on this corner lot with the other front yard meeting the minimum requirement. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Additionally, the applicant will be obtaining Suffolk County Department of Health Services approval for the sanitary system on site. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created and a 1999 amendment to the zoning of the property, subsequent litigation commenced by the applicant and a settlement agreement reached between the Town of Southold and the applicant with respect to the RO zoning on the 22,647 sq. ft.portion of the property. 6. Town Law 4267-b. In light of the litigation and subsequent settlement with the Town, granting the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the RO zoning district and two distinct lots that will be consistent with the uses and zoning on this property and the adjacent property(LI) while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member , seconded by Member ,and duly carried,to Page 3 of 3—December 20,2012 ZBA File#6613•DiVello CTM 1000-140-2-32&30 GRANT, the variance/variances as applied for, and shown on the survey prepared by John T. Metzger, Peconic Surveyors dated March 7,2012 last revised December 7,2012. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals, Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members•Horning, Weisman(Chairperson), Dinmio,Schneider, Goehringer. This Resolution was duty adopted (s-0) L4KanesWeisman. airperson Approved for filing 21b?6 /2012 SURVEY OF PROPERTY FOR RE-SUBDIVISION AT MATTITUCK ry TOWN OF STXOLD SUFFOLK COUNTY,NY ]roo--taa-oc�vo s se O ncc ie ma ,don.rwu O O - w,oc.,w.uxo.x ..u,uWFv�i wxxvm h r+xp wl / XAY6'AN IVIXUS �hxur a �P �5�a,e IQNO L4JAD RM. ROL1 a. d/ rumdxc as x�w' � �'�ya ��i, ,a.,w.,,.�..m, axe � .,,„e r. �... 6 �•�� �°,® �D F �� ��` ..amr. moo.• c� 8 � ,coo-ib-a:-a a c.-.®" � ., O. Z [J' . 1']YV m '�Yv 51']C•��'�— s mb• -- ...—., aY Uv 0.Tr au. �� A,3 uav Sa55 FSvv av HRy y �/�,r, a FIN/LL MAP O REVIEWED BV� SEE DEGSIDN/ oArEo�a13211� d I o -�� •u•• ` •—'••al,••_• ¢gyp id nlen]mf-.mv •- '12-193 LAW OFFICES WICKHAM,BRESSLER&GEASA,P.C. l.d 13015 MAIN ROAD, P.O.BOX 1424 D MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 wwblaw@aol.com January 7, 2013 Attn: Ms. Alyxandra Sabatino H; Southold Town Planning Board 53095 Main Road E ( r ' P.O. Box 1179 JAN 4 2003� � _�a� Southold,New York 11971 _�� Re: Property owned by DiVello Re-Subdivision (Lot Line Modification)Application Premises: 305 Hill Street & 800 Wickham Avenue,Mattituck,NY 11952 SCTM# 1000-140-2-30 & 32 Dear Alyxandra: I have enclosed an updated survey dated December 7, 2012 in connection with the above referenced application, together with a copy of the ZBA's determination on the DiVellos' variance application. Please advise if their application can be scheduled for a work session, or if you prefer to meet with me first. Very truly yours, lvj Abigail A. Wickham AAW/dm end 30/shdtnpdsabatino RM NO. 3 NOT F DISAPPROVAL DATE: July 27, 2012 Updated: October 12, 2012 TO: Abigail A. Wickham for John&Frances DiVello P.O. Box 1402 Mattituck,NY 11952 Please take notice that your application dated July 20, 2012 For permit a lot line change at: Location of property: 305 Hill St. & 800 Wickham Ave. Mattituck NY County Tax Map No. 1000 - Section 140 Block 2 Lot 32 & 30 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 280-39, which states: - ...no building or premises shall be used and no building or part thereof shall be erected ._or altered in the RO District unless the same conforms to the Bulk Schedule and Parking -- Schedule incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herein in full." Minimum lot size required in the RO District according to the bulk schedule is 40,000 sq. ft. The proposed lot line change would create a 22,647 sg ft lot According to the Bulk Schedule the required front yard setback is 50' feet the survey indicates a front yard setback of 41.7' feet Z�-- Authorized Signature CC: file, Z.B.A. From: wwbiaw@aol.com [mailto:wwblaw@aol.com] Sent: Friday, July 20, 2012 6:46 AM To: Lanza, Heather; Andaloro, Jennifer; Verity, Mike Subject: DiVello Hill Street Lot Line Change Heather-the package for the lot line application was dropped off to you last week. However, the letter to Mike Verity requesting his review for possible variances was inadvertently not sent. Therefore, please hold the application until review by the Building Dept. I will send the paperwork there today. Gail Wickham i ' `'{ JUL 2 0 2012 j a _ i., Suctr'c!a ?o,,, i LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 July 17, 2012 Attn: Heather Lanza, Planning Director Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Re-Subdivision Application—Property owned by DiVello Premises: 800 Wickham Ave. & 305 Hill Street, Mattituck,NY SCTM: 1000-140-2-32 & 30 Dear Ms. Lanza: The following documents are enclosed in connection with the above—refereneed----- -\ matter. `i_i i LS U hy 1. Application; I ' J U L 18 2012 2. Authorization Letter; - 3. Copies of Deeds for both properties; 4. Short Environmental Assessment Form; Se_- _4i Tc,,m 5. LWRP Coastal Consistency Assessment Form; ----- — - F''`- -�" 6. Six prints of the survey prepared by Peconic Surveyors, P.C. dated 7/3/12; 7. Transactional Disclosure Forms (2); Please note that the $500..application fee was waived as per Town Board Stipulation, copy enclosed. Kindly schedule the pre-submission conference. Very t yours, i Abigail A. Wickham AAW/dm end 30/shdpblanzadivell o RESOLUTION 2011-872 + ADOPTED DOC ID: 7443 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2011-872 WAS ADOPTED AT-THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 20,2011: WHEREAS,there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 91h day of November, 2011, a Local Law entitled"A Local Law to Amend the Zoning Man of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM#1000-140-2-32 from R-40 to RO"; and WHEREAS, by Local Law No. 30 of 1999,the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned a portion of a parcel fronting on Mary's Road,Mattituck, identified as SCTM#1000-140-2-32, from Light Industrial (LI)to R- 40; and WHEREAS,upon further review of the zoning in the area, the Town Board finds it appropriate to extend the adjacent Residential Office(RO) zoning to include this .52-acre portion of SCTM #1000-140-2-32; and WHEREAS, extending the RO zoning and rezoning the portion of the subject site as RO is consistent with the zoning of the adjacent area and the comprehensive plan of the Town; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, December 6, 2011 at which time all interested persons were given an opportunity to be heard; and WHEREAS,the Town Board has received and reviewed all written comments, recommendations and reports submitted in this matter; and WHEREAS,the Town Board declared itself Lead Agency on December 6, 2011 and conducted a SEQRA review on the proposed zone change, and on December 6, 2011 adopted a negative declaration pursuant to SEQRA. NOW,THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a .52-acre portion of SCTM#1000-140-2-32 from R-40 to RO"which reads as follows: LOCAL LAW NO. 1 of 2012 Section 1. Purpose. Resolution 2011-872 Board Meeting of December 20, 2011 The Town Board of the Town of Southold has performed the necessary analyses and studies in connection with the inclusion of this .52-acre portion of SCTM#1000-140-2-32 in the RO zone and finds that this amendment to the zoning map is consistent with the Town's comprehensive plan and the zoning in the adjacent area. The purpose of this Local Law is to promote the planned orderly growth and development of the Town. Section 2. Code Amendment. Based upon the Town Board's consideration of the recommendations of the Town Planning Board,the Suffolk County Planning Commission,the SEQRA report, and the public comments taken at the public hearing and otherwise, we hereby amend the Official Zoning Map of the Town of Southold as adopted by Section 280-6 of the Town Code to extend the RO zoning district to include and incorporate the .52-acre portion of SCTM#1000-140-2-32 with frontage on Mary's Road as depicted on the attached map. The remaining portion of SCTM 41000-140- 2-32 (the 9-acre portion adjacent to SCTM#1000-140-2-30) shall continue to be zoned LI. Section 3. Severability. 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 affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 1/23/2012 11:20 AM by Lynda Rudder Page 2 y Resolution 2011-872 Board Meeting of December 20, 2011 1� Y � yr ;4t t�tF Y a. Divello Property SCTM 1000-140.-2-32 (in part) Y zoning . 4l. tR Tax Parcel r Map Prepared by Town of Southold CAIS November 3,3411 Aerial Photographs Taken From Spring 2007 Flight '4 $tak.l inch atolls 8C flat SUNG h Cwrt,Row Prtparly Tai Seroica Apancy Lits P.osenap_[;L"YRIC+hr 2011,early at sufm*N� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] Updated: 1/23/2012 11:20 AM by Lynda Rudder Page 3 Resolution 2011-872 Board Meeting of December 20, 2011 MOVER: Albert Krupski Jr., Councilman SECONDER:Louisa P. Evans,Justice AYES: Ruland, Orlando, Talbot, Krupski Jr.,Evans,Russell Updated: 1/23/2012 11:20 AM by Lynda Rudder Page 4 I PD, E C E SUPREME COURT: STATE OF NEW YORK COUNTY••OF SUFFOLK I J U L -1 8 2012 j i JOHN DIVELLO, and FRANCES C. DIVELLO,•and EAST END ECOLOGY, LTD., Southold Tovrn F12nnm Guar Plaintiffs, STIPULATION OF SETTLEMENT -against- Index No. 00-08376 TOWN BOARD OF THE TOWN OF SOUTHOLD, Defendant. WHEREAS this action relates to the rezoning of certain real property owned by Plaintiffs, located on the north side of Hill Street in the hamlet of-1Mattituck, Town of Southold - ----- - - --- --- --- ------- - ------- -- - ------ - (SCTM 100040-02 32)- (the "Property"); and WHEREAS, Plaintiffs contest in this Action the rezoning of a portion of the Property from Light Industrial("LI'l to R-40 Residential Low Density ("R-40'1; and WHEREAS the contested portion of the Property consists of approximately .52 acres, located on the corner of Hill Street and Mary's Road ("Contested Portion"); and `..WHEREAS, the Defendants have, by Local Law 9 of 2011, rezoned approximately .9 acres-of the Property located adjacent to plaintiffs' other property known as SCTM 1000-140- 02-30 from R-40 to LI; and WHEREAS, the parties wish to resolve_ the pending Action and any claims actually presented herein or which could have been presented herein; and WHEREAS, the parties recognize that continued litigation will be costly for all concerned and the outcome of any litigation is uncertain; and WHEREAS, the parties believe that it is in their mutual best interests to resolve their disputes, including the pending Action,without additional delay and.expense; and It is therefore stipulated as follows: 1. Pending Action: This Action, as well as any claims, whether or not asserted, which could have arisen from the facts, actions and/or circumstances alleged in the pending Action brought by Plaintiffs are, subject to terms and conditions of this-Stipulation,–hereby-settled and-resolved. - — 2. Action to be taken by the Town a. The Town Board, on its own motion, will consider the rezoning of the Contested Portion of the Property, an area of approximately .52 acres adjacent to Mary's Road as shown in the annexed map prepared June 15, 2011, from R-40 to R-O Residential Office ("R-O") (the"Re-zoning"). I r b. Re-Subdivision(Lot Line Modification)Application. is Plaintiff shall meet with Planning Staff for a pre- submission meeting. ii. Within two (2) months of the said Re-zoning of the Contested Portion the Plaintiff shall submit an application for a lot line modification/Re-subdivision for the Property to the Town of Southold Planning Board (Planning Board) and Suffolk County Department of Health Services (SCDHS) pursuant to the requirements of the Town and County Codes relating to subdivision applications (the "Re-sudivision"). iii. The lot line modification/Re-subdivision application shall seek approval for the establishment of a property line demarcating the differently zoned portions of SCTM 1000- -- - -- -- --- - -- - - - -- 140-02-32 in conformance with the map annexed hereto - - - - -- -- ------ --- ----- ----- ----- as Exhibit A. c. The Town agrees to use its best efforts, subject to the Town's requirements for processing the Re-subdivision applications, to ensure that Plaintiffs application is processed expeditiously and timely considered. The Plaintiffs shall comply with Town's procedures and any other procedures currently in place for processing these applications. d. Nothing in this Stipulation shall be construed as directing any specific conclusion by any Board of the Town charged with the issuance of any findings or approval of the Re-Zoning of the property, the Re-subdivision of the properly or the variance application, if necessary. It is acknowledged that the Boards reviewing these applications are required to act upon the record made before them, at public meetings, in accordance with applicable law. e. The Town shall waive all application fees and any other fees in connection with the Re-subdivision applications,-- and -the -variance - application, if necessary, without necessity for further request of the Plaintiffs. 3. Plaintiffs'termination option: a. This Stipulation shall become null and void at the sole option of the Plaintiffs, if the Contested Portion of the property is not re-zoned from R- 40 to RO, or if a duly constituted majority of the Planning Board or the Zoning-Board-of-Appeals-does-not-affmatively--grant the_Re_subdivisio application or the lot area variance application(in a form substantially in compliance with Exhibit A attached hereto), respectively, on or before six months from plaintiffs' submission. The six month period may be extended by mutual consent,which will not unreasonably be withheld, to accommodate any process delay beyond the parties'control. b. If the termination option istexercised by Plaintiffs, nothing contained in this Stipulation, nor any findings or determinations relating to or arising out of the Re-subdivision application or the variance application, may be used by any of the parties as evidence in any manner or form in the pending Action or any future Action or proceeding, and nothing herein shall be deemed an admission by any party. c. If this option is exercised, the parties shall be returned to the status quo as of the time immediately prior to the execution of this Stipulation. This includes, =but is not limited to restoring this Action to the trial calendar upon letter notification from the Plaintiffs to the Court. 4. Upon the execution of this Stipulation, Plaintiffs shall execute and deliver a Limited Release in favor of the Town to the office of the Town Attorney, releasing all claims which were made, or could have been made pertaining to the Re- zoning of Plaintiffs' property. The Town Attorney shall hold said Release in escrow pending the issuance of the approvals set forth in 12 herein. Upon the issuance of said approvals, the release shall be delivered to the Town and Plaintiffs respectively. In the event that the Plaintiffs do not obtain the approvals set forth in 12, upon receipt of written notification by Plaintiffs to the Town Attorney of the inability to obtain the approvals, the Town Attorney shall return the Limited Release to Plaintiffs. 5. No Waiver. Any failure by a party to insist upon strict performance by another party of any of this Stipulation's provisions shall not be deemed a waiver of any of the provisions hereof, and such party, notwithstanding said failure, shall have the right thereafter to insist on such other party's strict performance of any and all of the provisions of this Stipulation. 6. Force Majeure. Neither party shall be liable to the other for any delay or failure to perform hereunder, which delay or failure is due to causes beyond the reasonable control of said party, including but not limited to acts of God, acts of the public enemy, acts of the United States of America or any state, territory or- political subdivision thereof or the District of Columbia, fires, floods, epidemics, quarantine restrictions, strikes or freight embargos. 7. Further Assurances. The parties agree to use their best efforts and act in good faith to: (i) implement both the letter and intent of this Stipulation, including without limitation, the execution of any additional documents necessary for its implementation; and (ii) diligently defend against and oppose any collateral attack on this Stipulation and any approvals contemplated hereunder. In this regard, the parties shall be responsible for their own costs and attorneys' fees to defend against and oppose such collateral attack(s). S. Entire Agreement. This Stipulation and the exhibits appended hereto contain the entire agreement among the parties to settle the pending Action and supersedes and replaces any and all prior negotiations, understandings, promises, representations, inducements, and discussions,whether written or oral. 9. No Party Considered Drafter. For the purposes of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter, none of the parties shall be considered the drafter of this Stipulation. 10. Authority to Enter Stipulation. The undersigned counsel represent that they have full authority necessary to execute this stipulation on behalf of the parties they represent. q 11. Pending Action Status. Upon full execution of this Stipulation: the Plaintiffs shall advise the Court of same and the Court shall stay the Action; and (ii) plaintiffs' counsel shall execute and forward to defense counsel a stipulation withdrawing the action with prejudice, to be held in escrow by defense counsel. The stipulation of discontinuance may be filed by counsel upon the earlier of (i) issuance of approvals to Plaintiffs as contemplated within this Stipulation; or (ii) absent issuance and absent Termination as provided in Paragraph 3a, upon expiration of the six month period and any applicable extension thereof as contemplated in Paragraph 3a. In the event the approvals as contemplated herein are not timely issued to plaintiffs, and the plaintiff has terminated as provided in Paragraph 3a, the Action may be restored by Plaintiffs as set forth in Paragraph 3c, and the stipulation of discontinuance shall be returned by defense counsel to plaintiffs'counsel. 12. Execution in Counterparts: This stipulation may be executed in counterparts and filed with the court as such. WICKHAM, BRESSLER, GORDON & GEASA, P.C. -- --- Attorneys for Plaintiffs - --- By: Sti , a, Esq. 130Road, P.O. Box 1424 MatY 11952 (631) 298-835 CORLETO IATES, P.C. Attorneys a efendant By: Antl6WACorleto, Esq. 107 Mill Plain Road, Suite 200 Danbury, CT 06811-6100 (203) 790-7540 TOWN OF SOUTHOLD By: Martin D. Finnegan,Town Attorney P.O. Box 1179, 54375 Main Road Southold, NY 11971-0959 (631) 765-1939 4 t w Ly + ^t•'.v"'�Q. .... C•\} \+vs•ytijs2f.:�Lf'Y.;:"':jf>�v{iJ•+��i•' �\\�•iv�,f,A">,i{••k%r;'•f� .• ?'•\d(\ �y�3 •R.ZE'L•:i` Y ;p' \."^<} �;,r.L•.,.E :iN �`-0fh(fl\\ "♦V �'i.A,���'� fv ♦,�•vi �•()`yr'}{'�v-r+J f�•`,^' +•�\'•\,^ •+�'f+ t.R j; >�tcahli- \a,�ty``, ♦ S<i�•t \:a\\'3{r• 3•i{fk Sy<;ZC ,py,ft•,f, �`\��'�V,<ix 9'3'•yo-'h.} .\. 'C• .''( \f ,�<„`\,`Z,, }hf ;, \ .•fifi'>,;. {:�`� {`7;C}.''•'y�',x:� '<-`''>• +Rr' '< \+ �g.Y't��'C\\\�\•Z#3:'o•• #, v /' ik.� �. :•vi°S#ir 4L+v i{ \ \gyp .fE f'•„ fi ^�\ Y•7 a,t�',Y',•:;k`{3;CJ r` \` 2`•ifi'ME,4 9 ^.y`}? C;^, L% "` ::�``, •\ ,�S'�\` �.J f", ?�fCRy�"�^t\:> 2:\�;��\,r`�i;;? .h\ . C�<,{^,tt `�,..` �)�'\�'`�\��`3.\.+.�:C�`''`h•#%��{s,'�•> \ R fa:�,`��je\,\'''o�`•J',�\`"+ i\\\;`�'2-{, }'Yrr{,f' Z.\\ ,t %i�Zb♦:+\^, ?�,}. `�.♦\,g )y;'{• �>;��`ty\••:J`s 29 y♦C�' pa•; ,.`}�\) f low �•'. f> 'V\'••`� \> �;4•":;\\?`' 2 b•.��a z.� �+ l,Jyyy'�) .�s?�t� }\: h`, {��.•�{^�:`�c�� •s.t`.\�{s�� - �)`2�_`:\�,J' .\�\�♦c„"'^(v.+ .r. {� `>` �}�Z.�• ♦\r'�\'.Ln` � , `R. } ♦♦kms '♦`'S{h{+'',•;1�''''` ?` J,j\�+,,`';t;`�v i 1 2>v�_4,�\,�' t±f S:. J`��� ,;` \. \\ )`>. +or S � t%'r J Z.2„y`)v \.F� ne { � '\O� -u\•,A.s'i 'b.' 3 �'���N �f^yfj:y ��':,v�}R'SS,}�{L+ � �: ��c`•;\� �`L �,M`£4r {,.i•' ; \�' � \ M,�{� � ��� \QS•: } 'y�l'rr�:`++r` V,#', v,p ''s ': �\,.i'J'.\'{..rr,�,�r, E v:r4{j,{v•'\h � y�\ iJ ), y'.t,.fi;�t'.••\•` i? �`r �f fy:��}t^ �C?S' u��i ,�` ��F �'.. ' .�, Arc �� ry.+^:{„s+�'�,`.� f.^ �,' ?' r'2 .��.:;S::J� �Z�o�S,,'.�`•4 •< ( u C t QA.w3`:. ,�. �•}�<.rfho•{<•>!"2�a\ •f r 4 +>. }\ ;\fly, a < rrtt ��,,rr•• •' �' 3, �i r'ti?�?tE>Jf 4��yCC•)r'3LC {'} •� \��x�•^S+{. ` d<{ tia`• J{;�r; \ J''+ /{�'` �a,� ♦�,•'+Y:v�S�,�',�ayCK�++£;: .,;..�.�+J '} {yy{?yc,Z:\.�k;T\�„\\J� .\ y(\r<„r.•�ai,{(�r�"ys,�\;R Oyu`}}^ �'{�Ja�i;F'�\V, dp`�}fi,C•j • i' 2.: ^;i( "{7 \\a: R•\°`�f••_r E;� y „f rt ` :'t€v�, \iJ�.w./h ,•Si� '<r \ t' '}^• �Z Cf� A •�;>ik h{,E+��'�\,;\ C�n��?�Y,V�\C'R�4:ti� S�?t2• �ti� fsfw `u �;^ � ,♦ R,r{ �{�`\� �lr i�+•in}�r`, ,S�\\F>FS� y;:•:,� \,; \�i� \���>ti,?:' +Sj�yC.;�\ ;j.Y o 'S:uv 4,\• C2`'` f :fL*'h) \y+`, <• •. yJ+y' ��''� \'���".�•�.$•y •f: `#9` p S ,✓,.'t„•ti;,�.C:{J,• •aa; i'.`> r.<2``{4�\`+\\:`\` \ \L `"�`�.l•• P ,fir +fr ,<, �•`�\ ` � { { 'Lt+{ {' ><q\`'•\\k`�\ >RfltN - _ ,<i'' J '1:'}',. J'i:t(� \O, ^ '•. \F ' `+”✓`�r �fti�CC.y\\�`Z�. k'1r i;f'f✓><j V ,��.+qq•� \\: +3,,r` ::,�\��"j�e t!A` �`J,t ♦v �G ♦ `Z,• Y >{'�f �' ,7,k'Sf'` ;?c` `\xf,�;`�C•.i` r \♦li`+ fr�{ ��\ ,�•V',\.�.�•�Z ry .t j}f;��ZfCf#;`yf}`�J ,??a' �• •\ti < ;x,;+ 4 � J \Cti.�{��.:.: h'� ?��` `yy}• C:.(••. \C, \J!C\ yr,rf•::, { •�,uf^��'r'fj�@'17� ;' #1�"`, fes.':2�r�i; 2� fr• {.,'.^.:.ff��,/ rn` h ik)]^+#:^`raf+."< \ � �f doh.♦,�:'i,:v 7 y?>4.Lr]?.t�'�`�{t ' •'(§£. f'.,df;;.,,,,:. }' 'G •a5af�'': r'. �f�y,:r t �tiA•C.4. 4<rR'`�{fi,�•,! 2 at 'y']�f,'fFf7�i �}�,, ,Q \'fr3*`%t. fiTr/yf•;:f:� `��•r�i>\ "F" ••}}.' f,f>.,•�jq�}„ rG:f'f iYs"t •?. ff,; d`fo•JJ' ,.< 'rr ; •+;if;}d�'l f{.,. i•r i ��,�Snn�,4�fk�,?:; a;,.✓fr,N,�•'ffif��;f4f'f„ •3�`\ �#s�r��yc {•:'7'^2{}�.v.. :'.� • ;)fd`'C"2».,�.tr/', ];�£.fr4#f;•,, fS2�: � 'f'+.S•k/d:,{Y�:•.wf;�., ti� �� �•�•�Q2,�"L\`\ _ •�r.$.0^{{%�ffi�R�JfCx �' (� � \�.Za:}{4f._`r/.'\ ``{� f$ \ x'• n• 'Q•:a,J�'•ff{]�vCr2;if•'C• �` ++�, sa•r` `S'rf}rte ;L�.f jf�ck<3'-}7{;�r'��i{� '\�� 3.3�� `• '� i �v'�f '�1��f;:�:: ritr:'•r^:^�S}rv+try,:}]+fvis Z:• r)a.�?. Z ' `. 2 a d 75. f'i r\��}+<;;'.J?�✓'rf`rrrr'rS�r'�>f"%{:x'Jy`.'�q'j �\ \ �'tj+F,fii'.;f f,• `<z£rpiv, i( > i{�,`.,J#�n�r 1`\v ✓i J. Ca$}. ,a.(VCr), �2+� S f ttom�•, _ / .. ..{ f:V`.Sr:f\„ ; .y^r4• S:r:... r- >,,..; : ,ttti:._,?:; , .k;?:'f aA�o nf'ik!.�• 2 rVit.}•\{t; 9f }k .'< •`' .t'.:t;.:::C:;x: .• ;ti':.:.:::::.:'::: .. . .: : t;•'ri r:•t fP„ A`:'E,,, R•L}.y" tt,>; ,:S•t>::"`+ ,. �''t:::,_ .. ,.{;. .J..:• `2.>yd rt t %?'•:r, ',{;,{�friJC; .<tC..•>;?.} Jf •:3:.' ':}'... .r.,�;r$r:t}.:;`:s'f••.'r 'S ..ti:. Y• \f t,��a > rJf.a r>,;a):r3� }(} ,./ ,•����'��•�ifl �Z l r. ,:,r. trf:(/ •" vd$r J v•x.. .,,} ,\>£ ]}.: vvr•}r.r •}:.•...+.. }.'-.�•:.:•::•::••• ''{'/of 6,cn{r�^:SR:”' +`t.,.7 .� ''#"..', .ti\�krrs2 Yf: ♦ >+•..:•{:::. • • .. r.Y.J,r •f vv v.• {r vi. � "'.`•i:'-•.'.k':': • frt r• rvf,.r :h{v:, :y>Yf�. J :iA,z r•{' �':; .{,:•t...,.. .?n... r; ::,. , .... :•::-.'. Fr 7 +f;C.. ,�.fT.•n ••f}Cy .+ .r..o': 1;:" ,,•,\i yv'f/;,'':; ..?Y?` .• .. Y•J,fr. \ ..r'ft•"tt,'.S�rt .it,•. J..t.i. „ N $� .••}:>f�r f .:::•.:':' CT ::�i�O. ••" , Q., 22 —� :..<t `CJS•„{;;�} •yi,�i4. {}+c" C. !`sf – >f f �••� Nr \ .t�P y :•J± ,.{ ;tom f-}` '•'rnv a y < �t �.q V R•�\•i J Z j.: : << �' y •-.` � > tt7 .r.< d,i`\' \v^^%•' : fi"�>yt<.:.}-•:n�`,m`.:::::.... ..:•: .t};r,�• ` ,�y,. ,Y, fi>f: }+C• :�vf'`' :�fi ,x r.,�.;•;::•. .....:. :.;......•.;::.f:' \ r. t• {� y✓i�pp;,;3(I: :a{. A:���Ai• r{ , v •)'„ r.{Ya. rfs.' .''Jn .,:.k•:r .: ti:.•;.:r.::.,}:• r:.�..` }'. .l,i, +{ti: RkKrk'>•s5,;,•,,..n wt t} .,.,yy r d♦ -•. �•},L; .-,r.cr... .0 loo- .r...,,:.•:, fi rr o• k• J k Sf t< t f"i�...^t"fife ♦ :rt: – r k `: r}xJrt a+•� } r,S,r},k+.,r'A, ,;,� •?k'v'k tti t` },, .t313��0��\S Y� J s • `•.'C� iq `,tv ti+\).5l•' r{i�i:'`.C,k., : :. ...: .,.:... ,•E. r .,R. tit :4�f:,sC\.-:�, :•.. ........ ..7...r... ...:;t`.•':, ; S�; \ ,•'d;b, :;Arra'C,;,\f +.,]:;sr_}.::;;.. {.Z r."::'+` .::/.•..^ i... .�u r;� ♦;i �z��'.;{;,:},{::��.;{t,~ky� �:,A,�r�a�'.3�•��a s� fps'.Ta�e�.:�iyarn;�'•r�rig'••:�tl�?�'�Fi�g��� r } \l�. �• - +`'f..1 � y''J}•'%f,:}Crh:A a {:::::'f}+r;M1 ft.} . ~`~ <:• ^< tk :t;w;kfr�c•'i4'Y' >k.'r^cair'•`•�`��icn.{Eryk?is.�:f�S::•: 4• A� :{J Jr �} •+' y. ,s.•7 h Jr°.+} '.'rte r.'t+~tia•#ir1`ia• y �? #StrfTQlk'.C:tiEii�t%`KBE}?!'•"fit�('7iC�it>d1>1CaQ•�•fRC•• win £y>: fizk:>:%mss"-`:?, a Ct`�Y..YFi1Z;H3' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------X JOHN DIVELLO and FRANCES C. DIVELLO, Index No.: 00-08376 and EAST END ECOLOGY, LTD., Plaintiff, "SO-ORDER" OF PARAGRAPH 11 OF THE STIPULATION - against- OF SETTLEMENT TOWN BOARD OF THE TOWN OF SOUTHOLD, - - - - - Defendant.-, - - -- - -- - - - --------------------------------------------------------------------X Paragraph 11 of this Stipulation is hereby"SO-ORDERED"so that the above-captioned action is STAYED pursuant to the provisions of said paragraph. Dated: Hon. Paul J. Bailsey, J.S.C. SAS LAW OFFICES WICKHAM,BRESSLER, GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO 631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 February 13, 2012 Attn: Heather Lanza Southold Town Planning Board ; P.O. Box 1179 �R,f' F�® 15 2012 Southold,New York 11971 Re: Divello Lot Line Change 800 Wickham Avenue & 305 Hill Street, Mattituck,Ne'w York`-11952 SCTM#s: 1000-140-2-30 & 32 Dear Heather: The Town Board has approved a settlement of the action commenced by the DiVello family in connection with the rezoning of their LI Light Industrial property to R-40. The general terms of the settlement provide: The portion of tax lot 32 which is zoned RO and which contains the residence fronting on Mary's Road is to be set off from the remainder of tax lot 32, which is zoned LI, and added to the adjoining parcel to the West,tax lot 30. We do not yet have the lot line change maps completed but would like to know if you are available on Tuesday, February 21, 2012, for a meeting to review the application prior to submission. Copies of the maps of the two parcels are enclosed for your reference, as well as the rezoning map which was approved by the Town Board. Very truly yours, _- ie #AbTl AAWldn: A. Wickham end Re/divell ollh-PreSubPB tCS 7enh,)zl, t ..•:FS:%%° '>' .;".•tts�;"y2''•-'= :;a h' ,'�`. 2%til: •5#:' �;i> :i� ` + j ,t£,yl •`1`:i:,�� .}ibY + ` .i.':'}}::?•;}; <,}yF++a .'.:Y;0.:. •Iyk.};Y.:SJ'r:.2p}'•;ri'.~'£n\`' :. `\ - ''�`'} pp ;�,� '\iQ{;4.2Cx}.• •:}+,F.i. - d}l:}r:`� :}:�"•Y:}w �> \a' ,`�yCE v}>•' hn:.... } w}\:n '22i{'< :�•,•.} }�•iv:r .a£;;:L�\ t3:; .}}.g;a�iyr...-\v>v,• '^"'t�h• ;:'2'"}'i:Y'. Y-}):•::?:. •}r], o`v2 :..a\`C�:: `i)F�} :}\ �t t;{}F:;}}: :h .�.?v A4. s.:a r'.`. 5:i.�:(`;£;+.':> �.-.- :f3`''.:x'?$: ;�};;,L..;� `�; � \'+vi:b:;?•:, 'S2i£FC. ;..zy:::.�''.:+r \. :.\ �..• :...,,e•2 b'.;;,f Y?,;)?:`� -»> } n}';' a•:. ,•.;n.,'.f,L'f4 ;{.Y7{. . .•Jy:;;.Y f:..L.. .f ��.:? :'}.;•:}• •.}'�•d,+L;:;>:2: +.``Y;x}}. .:ne:}.r.:.o :<.:;K 'a?::2 :r L... .:.J...4-.-` t<}•'•` •:YrY•}:}:•xti•}.^.::$:l;;k'}::':<:: ,}F.::;+',`:;. f:`J:L:; :-b Y,. n,cs.":.•+.,;>3�::•�. ..a}•, ,:�':.•:;•}Y}^.•><•}}}}}}::z•ya f2\ i:2Ft}: • b•.:. :;•�S' :$: :h•}4'\• •:i�\iti!li•+1;:,}{•r}:}. ��.r;• O.• 4 J}\J$:i. �..t....... ,< ..s:-E`< ::Y.:v::J}ii2 yryt::.i}' _ \ `''�v::::w, n'f,•}:�C%i�:•{+• ? • � ..i�! f•J.'•` .',n♦ 'v:Y::::?;v:t:;i't:n.,..;?;.., ;{y.{��;n�:�,i' ::.?:.: !L� •v,}•'• ski+ .b nKt ,i}.ti'!:%%2��Fii::(� �ysi� '..j,;r 4. ry .2>%: 3� :^�i{f .2..},..+• .v� `''b v:'i•':i}'':v�::2+}fY}Yy.��lii�♦vJ`' ,•:tti :''.-72`�'\�;'rf:• '%' •nt,..::.}:. 'Jh}V: .fit+� :}\�'?:J`:::jtT:2%SY.0?i:%}'�:;�:�:�f:r£:254'0. .!G} ,:h L•,!�}'^:: :Ji$:•::iiiry<.; ..?F. i.'•:� i`�•.\`d'y.�i:n�..••:•:}d}:.�3:h^4:•�.-}(t \ +�Y+ b}t ./;.ifii f;; [a ^b: >\ :\•.v:?:\:y:::;}���i`> 4•:Yi,. is F%{:;:•'- ,t,\., :\}';•?:::iii+i�fi}:}:}: � } v,.b.,}-}>:;-i:.: - -u�`., :iii%`:� :;•:i}�• ::\n•:)r.R:.. %::GZ '\ p�/,.: .\iLJI:�,` dk:�.+...LY•:::}rr. aS7•'`ii:i?{•}:.+:•:ii%i ; .\V f `•<f:>.3 \. 2,...\ � Q' 'T'' \ `�.::F}•$i}y Y;�{ ;,YG r<r[}i.i ;";�%�2:.,. .a n, y •.t+. :�:}•;::J ..£;)�? ♦,\y.}•. a;b?; .\,:% 4\, :•:7..{i?;'2✓+' •':-Z.S,. is;-\}:'a. �}:£ti `bQ `%'i�c::\...n �.> :c>x:`-a.?4.. +?x. ...f.•}:aiY:r .:i9,R:.v ;5..,. :.;��'� i+,x,Y;f,.li:,d;r :--•.`•.£?'"4{,n., -?k-:.;i:�:}.,. ";y;:_;' x' ::f-• `.:':£:.:.'iii}:?o••- :+^Y.;v ,�` .r:.. ..J «i- .t •:Y". +.xx ...'Z... .h.::::. .,+,`'i>%:`::-s'>-•}:Y.};..>:Fz,.t. Y.,..p.:JY.y�.,.• a.. , :.:�.,.. :.�n•:.:.::n-.:.. :::.....:....... ::.:,:.::•::-:R-,\v...:::.,•r.+ .Z'..}.,-.�-.,-•:khr`:r.•. •>::-. a:.::vh,.F. J. .. -:nv:: •::•fn:; . ........+ oi::i:....::::::::.:'S 2• :A. .._._o?:t�:•. ... ..b:> •>-::::. ..vii.:•: .'\ ,•,v,¢.^.N��:Z%.i.. _:''fiJ::. :,+.? ..:}•......+•: :::::?:: .off.: ...}.,.,aJ� ::\+•r o:_w.-:}...,b.� .n4••. \v}:22?:f•};.'i;y:rri'i`' :}If-':::::•:�.:r. •:a.. :nC:.,.,, \ ♦ , +).Ft:•:•..v :!Y :: ..x ..4..ts +•-�.r$i}'+:%iii' - $ .1}.}'.: n'.}'.- .vC1...... L:f .r::.}Coit,''' .;:Ji..,. �!-.Lv•b. ,..�,r r%X' �;:: -<•.::.r :\ a:J}}.} ::. }- + :. `.;,. : fid; :. ' :. •-n♦,. . ::}\,,,.. _a h., ,;+.�••: .w:i5 r b Y;i%:F}+iaj%%>:} ,}: y f IN >> ii:tibgi•;`:Siii:.:- C:g:-,n.. fi;:{i%',` 3.<Z aa�-- ,•\,. •X:�`:\-- ::.'E.:•..::}:+ ?b:•:h:•'• ..2•.zt•:.;.;. C4'F.;?:•'++` ..�}}.y :;v}v 4. .�v' ;a4{::.•:-,:.Eb 4:k•.0n:}?,'=' ,..<.. :24'}}io•.�.i;�a';..•:?v.,..}.. ,.. -r. ,.gin. •.•li:.....v\..n..!•}' ;\ r ., ,\\\ .\. r::h•: nv:f, ^+.v.v}�4...•`5;..• .ti ..v::: .A.4:••.•\+' -iY, •C. \ aY+2•:•�.• Y�. •.\ "'i E>:`:..?3?.i• ,x'Qa`• }h. •.r... rich. :.:?,2;'� !•:Y.,-ham}• Y��c. Jr :'Q,.. .vw ::2i::\2%.}-n.. iA�".. i{•:Jkti}• + \•}i.:.' }ii>..�......n :.:.�. v. :•.t;J}::ti2`%;;... 6 'Etf`..:..:::}';`..+,,:Yt. ?+a:}'• :iiF::';}., J}v;.. :r:iJ:..... `>,\:!:.;?.:::S, :h..0 r1n,\a?,'}:v:ia:Q'::::. '.`%: ,•J} •'::x?£}}}i: `:�::+n Kl :.•%:•;}:•}:?}Y'F.•}r. ):•: •}:•`7"f:4n •. .%L4' -:^Yw. 'v:}? 4}+6>.n ''� ,v?•�.. �n •�. n Lh r ;p:\•!}:•i},is .JL:iv�`•J:•:. �< •J. :v\ `h + } •4':: ::h. v3,.}•;.�..\•.}S•J;:: .»$:,.}.}•.y};..: •ni:�:,.r. .,t-.. .,L 'i%- :i, `J� F•::. .n:::a}:J:•rax••:;.:J.+••:. .\•... .. :. ..:,:• ::::: :' '' '.;•: :�.,o\•x�Y ::.3:.... a;a::y •b,•.\- \'.,.:si::is::s ::%ii::$;..,Y+ +`}4:.>-.: R��:�...•:...' ::;e:: •z:ny.� ::.4r•Y ty :,.� 'z2z.::. J \:•:.:::::::v.::;,;w,.:::� •1 n.}K.. {{; ?..?. .};.\; iy:r`f••h ::;,a`r.},;•}T:>F•)•. aa ;+`b: \-.: •i:f`••: •;}; •:i�f•..:.: •k:T�t<2i• ,v+,;'k::?.. r.J•}:•i;}C•+',':• 2':a;, ?;?i}'.•r?.f�"•:!; :� .rb.:: �z2�R"'i;^::': }`a•+ ,.-)-r r.''•f`�:$... :i?Y• •}Ysii„ ..,, ,. ;rte• ,,��< t• 4 �"' :f.•. i•.y;.}•. •r.`J- 02 ilii' ,�:•. .•.v,'' ::i2'r'i' .... �'>��C?$,fq`}'$i4\L}-ht4. its }+ '•.rat,' \ '�•�'}'` ::::,•.::..Jt .... :�$t '?+. -;:•i:;Y.}}• 2rJf.4:?<S•' :;4'.'i::. w'}�'f �•.•d,7."r. LQ 5, 1� �p r fill 1pd,4 ,4 & Z Jr, Z14 -K V ,c J. R—Mi 2 ,5- 30 4 �2 ham,X ri ,�t n'd w �o, c)c;- IA 5v 10 c- L) / ,-�} F/Ei7L rN 0.�5vRTMFs/T RffERE�vCE mo" /3-SO-42 SURVEY FOR JOHN DI VELLO a FRANCES C. DI VELLO APR 3, 1-998 AT MATT/TUCK DATE: NOV 4, 1981 TOWN OF SOUTHOLD SCALE: 1 60 SUFFQLK COUNTY, NEW YORK NO. 81 - 652 *UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE LAND NEW YORK STATE EOUCATI�N LAW . Sc *COFIES.OF THIS SURVEY OR 96T' RING THE LAND -9 JNKF EMIWABOSSED 59AL SHALL SURVEYOR D SEAL NOT BE CONSIDERED TO BEA VALJID TRUE TOPY *GUARANTEES INDICATED HEREON SHALL RUN'My 70 0 THE PERSON FOR W14014 THE SURVEY IS PREPARED`btP -DATA FOR APPROVAL TO CONSTRUCT p-4,TH,. ARTM EN T AND ON HIS 15ERALP TO THE TITLE COMPANY,GOVERN- ':--M].±•*SOURqE OF WATER-PfUVATE—PUBLIC MENTAL AGENCY AND LENDING INSTITUTION LISTED N.VARUt,Wo AIR HEREON,AND TO THE ASSIGNEES OF THE LENDING GST 1°0o SECTfOX 110 BLOCK 02- LOT-,2'-4 L 9', XM j"�-, ' -)- &C- 900"FEET OF THIS PROPERTY INSTITUTPOW GUARANTEES AR NOT iTl ABLE 'L TO ADDITIONAL INSMUTIONS'$0 SU OWNERS SYSTEM FOR-TH13 RESIDENCE 9 _LiPPL *bISTANCSS*SHOWN HEREON Fflokt PROP _iRTY LINES STANDMOS OF THE SUFFOLK COUNTY DEPARTMENT TOEXISTING STRUCTURES AREFOA A SPECIFIC PURPOSf'AN'ARE HOT TO BE*U59D TO,E5TAB.LlaH PROPERTY LINES OR FOR.THE ERECTION OF FENCES TEL. IVERHEAD-NEW"YORk-,, NG-A` 4Rw Os"A" YO ?Orei.Y',,m g"'wavommt FoifNzg ALDEN soh YOUNG;PROFESSIONAL.FliGINIEER' AND CAN0 SURVtYOR N:Y-,S.LJCEN§tNO.d645 HO I WARD W.YO'Uh'r IDA -•-NW gyc I D M RED 0 wY m OPhg3 Oh to`� ~4s o'FEN• c�c n,. 5P6 _ IZD to j1 W P R � Jf I tF,s a Y J 1 �ti g O p4L . o 0 DIV - = -<...ynL, ,, _ :�$,•--fig._. ___ ;_ W._. ;�o;Q_-.., � ..-_.._._".,-•--"'. '-- —_—_ ' - - -" ---- t. •� .tri.�i''��"`�~�''"a .'••'s �,'•r ... 5"pfy;¢_ 0. V. �,�'•,> �Z ��JAZ s7o HEAL rN LiiwRTMFs/r REEEXE'NCE.VD.+ /3-SO-42 SURVEY FOR ✓OHN D/VELLO (9 FRANCES C. Dl VELLO APR 3, /998 AT MATT/TUCK DATE NOV.4, /98/ TOWN OF SOUTHOLD SCALE. / '+ = 60 SUFFOLK COUNTY, NEW YORK NO. 81 - 652 !t" .-/ SURVEY VIOLATION ALTERATION OR ADDITION TO THIS ��_IAIIND,oSURVEY 6 A VIOLATION OF SECT40N 7209 OF THE ��QNEW YORK STATE EDUCATION LAWCOPIES OF THI4 SURVEY HOT CARING THE LAND � SC 9L SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL V NOT BE CONSIDERED TO BEA VALID TRUE COPY K GUARANTEES INDICATED HEREON SHALL RUN ONLY TO J ' +fit O 11EALTH,DEPA'RTMENT-DATA FOR APPROVAL TO CONSTRUCT THE PERSON FOR WHOM THE SURVEY IS PREPARED AHO ON HIS BEHALF TO THE TITLE COMPANY,GOVERN- 2, OVERN-, ;NEAgEST'WATEA,rAIN_MI ± 14SOURCE OF WATER-PRIU%TE_PUBLIC_ MENTAL AGENCY AND LENDING INSTITUTION LISTED I ;% j =%FjSUFF{Q;TAX MAP DIST 000 SECTION 110 BLACK.9�_LOT 32 HEREON,AND TO THE ASSIGNEES OF THE LENDING , M7Hi;RE';ARE`NO DWELLINGS'WITHIN 100'FEET OF THIS PROPERTY INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE ,t, "t,• TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT _ ,,;OTN,EPc^THAHYHOSE SHOWN'HEREON. OWNERS O� 1{'ELWAIE,II�SUPPLY`ANO S EWAQE DISPOSAL SYSTEM FOR THIS RESIDENCE *-DISTANCES SHOWN HEREON FROM PROPERTY LINES ' W,IL'L;CONFOIiN-TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT TQE%ISTING STRUCTURES AREFOR A SPECIFIC _ IEALT 'SERVWES. PURPOSE A'ND'ARE NOT TO'BE USED TO ESTABLISH ` " ,'-AF. ICAT7T` PROPERTY LINES OR FOR THE EPECTICN OF FENCES 'ADDRESS -,• TEL. ' YOUNG YOUNG 400ERtiE AI NEW vENUE':-'". RIVERHEAD;NEW YORK MONUMENT FOUND ; AtDEN iV,YOUNGy PROFESSION'A'L ENGINEER AND LAND SURVEYOR"N.Y,S.UCENSE N0.12845 HOWARD W.YOUNG; LAND SURVEYOR SHOWN Ft011.�ElELp<b6SERYlA_TIONS'ANDUR`DATA,O,BT�EDYR.OHp7HETYSEWYI, '-N.Y 93 t TEUDYN�.'P'OST'":N01T7p - .--,A'_,. .a .. •• _ _ O � - 15F ���0 rn • 5 1� W �S' N O • t Ey i,4s OD 0ty, \ '+.RM1,.�':'.y gip,-.r' ��' i • ! '`,• . ' ilk? q-r t 'j G P Lr v HEAL7.4 La<HVRTMEVT REAERE'NCE A/O.• /3-SO-4Z SURVEY FOR JOHN DI VELLO R FRANCES C. DI VELLO APR 3,' /998 AT MATT/TUCK DATE NOV 4, /98/ TOWN OF SOUTHOLD SCALE- / 11 = 6O SUFFOLK COUNTY, NEW YORK NO. 81 - 652 ` *UNAUTHORIZED ALTERATION Oft ADDITION M THIS �! LANO % ' \ SURVEY A VIOLATION SECTION 7209 OF THE V� S NEW YORKK STATE EDUCATION LAW [r•/ *COPIES OF THIS SURVEY NOT BEARING THE LAND �� ��1 SCyN '9G _ SURVEYOR'S JOKED SEAL OR EMBOSSED SEAL SHALL ` '0 NOT BE CONSIDERED TO BEA VALID TRUE COPY *GUARANTEES INDICATED HEREON SHALL RUN ONLY TD —1 O ,HEALTH,DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT THE PERSON FOR WHOM THE SURVEY IS PREPARED �) AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERN- s MENTAL AGENCY AND LENDING INSTITUTION LISTED '*;NEAREST WATER l0A1N_MI._ *SOUflCE OF WATER,PR _PUBLIC_ HEREON,AND TO THE A5416NEE5 OF THE LENDING 2'•> tSUFF-:CO:7AX MAP'DIST°iGS5 IA?`E3�LOT INSTITUTION.GUARANTEES ARE NOT TRANSFERABLE .DWEtLI1N3,WIWITHINTHIN 100 FEETT OF OF THIS PROPERTY TO ADDITIONAL INSTITUTIONS'OR SUBSEQUENT •S• yy,,O,yH,ER�THAN`THOSE SHOWN'HEREON. OWNERS �Sdp Y`ANO SEWADE DISPOSAL SYSTEM FOI THIS RESIDENCE *DISTANCES SHOWN HEREON FROM PROP.,ERTY LINES 9r "1YIL4;CON FORM-TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT TOEXISTING STRUCTURES rREFOR A SPECIFIC fOF,HEA�'TH''BERV ICE S. PURPOSE•AND ARE NOT TO BE USED TO ESTABLISH IF ;•APREIt:ANT`. PROPERTY LINES OR FOR THE ERECTION OF FENCES .t 'A'DRRESS - - f;r. = 400 OSTRA`NDER AVENUE "„. TEL' _ YOUNG-a YOUNG RIVERHEAD;NEW YORK , '= mlDNDMENT FOUND -ALDEN W.YOUNG,PROFESSIONAL ENGINEER AND LAND SURVEYORXY.S LICENSE NO,12845 HOWARD W.YOUNG, L'AND'SURVEYOR TIIEoI.00AT1oN GF:WEL`L(WISEPTIC TANK(5TT,6CESSPOOLS(CP)SHOWN k(EREON '-N.Y.S.`�I'CEXSE NO.4580 EEkS•- t TEfkgYN'',vosr Southold PlannintZ Department 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 provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: DiVello, John M. Last,First,middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. Ifso, indicate the otherperson's or company's name ` Nature of Application: (Check all that apply) Subdivision or Re-subdivision X 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,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X f If you answered"Yes"complete the balance of this form and date and sign where indicated. i I I ' i Name of the person employed by the Town of Southold J U L 1 8 2012 f Title or position of that person f - Describe the relationship between yourself(the applicant)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 noncorporate entity(when the applicant is not a corporation); C. an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted this n day of July,2012 Si natur �//�I/ Ae& Print Name John M. DiVello Disclosure Form Southold Planning Department 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 provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: DiVello, Frances_ C. Last,First,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) Subdivision or Re-subdivision X 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,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated:' Name of the person employed by the Town of Southold J U L $ ;j]tp Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either`check then_ 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 noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted this L day of JulY,2012 Sit nature Print Name Frances C. DiVello Disclosure Form y L AUTHORIZATION We, JOHN M. DIVELLO AND FRANCES C. DIVELLO, owners of the property identified as SCTM# 1000-140-2-30 & 32 in Mattituck,New York, hereby authorize our attorney, ABIGAIL A. WICKHAM, ESQ. OF WICKHAM, BRESSLER, GORDON & GEASA, P.C., or any of them, to act as my agent and apply for a re- subdivision on our property and hire any agents necessary to complete the work involved in the re-subdivision process with the S utho d Town Plank' B,oJard �d:�iw x John M. DiVello Sworn to before me this 17 day of July, 2012. Frances C. DiVello Notary Public DONNA McGAHAN Notary public, State of New York N0. 01 M04851459 Qualified in Suffolk County Commission Expires Aug. 18, i-e/aaithoisouthold2Ol 2dive Ilo Zp�(l 1 POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM (a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the "principal," you give the person whom you choose(your "agent") authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority. When your agent exercises this authority,he or she must act according to any instructions you have provided or,where there are no specific instructions, in your best interest. "Important Information for the Agent" at the end of this document describes your agent's responsibilities. Your agent can act on your behalf only after signing the Power of Attorney before a notary public. You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located. You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly. Your agent cannot make health care decisions for you. You may execute a"Health Care Proxy" to do this. The law governing Powers of Attorney is contained in the New York General Obligations Law, Article 5, Title 15. This law is available at a law library, or online through the New York State Senate or Assembly websites,www.senate.state.ny.us or www.assembly.state.ny.us. If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you. (b) DESIGNATION OF AGENT(S): I,JOHN M. DIVELLO,residing at 14 Westphalia Road, PO Box 1402,Mattituck,NY 11952 hereby appoint: FRANCES C. DIVELLO,residing at IWWestphalia Road,PO Box 1402,Mattituck,NY 11952, or r 1833 t=medou Aye. DIANA S. DIVELLO,residing at /Westphalia Road,PO Box 181,Mattituck,NY 11952, or VITO M.DIVELLO,residing at,,Vo Blossom Bend,PO Box 1402, Mattituck,NY 11952 as my agent(s) If you designate more than one agent above,they must act together unless you initial the statement below. *Agents may act SEPARATELY. (c) DESIGNATIOYOF-SUCCESSORAGENT(S):(OPTIONAL)------_ --- — -- If any agent designated above is unable or unwilling to serve, I appoint as my successor agent(s): Successor agents designated above must act together unless you initial the statement below. ( ) My successor agents may act SEPARATELY. ` 1 You may provide for specific succession rules in this section. Insert specific succession provisions here: (d) This POWER OF ATTORNEY shall not be affected by my subsequent incapacity unless I have stated otherwise below,under"Modifications". (e) This POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney previously executed by me unless I have stated otherwise below,under "Modifications." If you do NOT intend to revoke your prior Powers of Attorney, and if you have granted the same authority in this Power of Attorney as you granted to another agent in a prior Power of Attorney, each agent can act separately unless you indicate under "Modifications"that the agents with the same authority are to act together. (f) GRANT OF AUTHORITY: To grant your agent some or all of the authority below, either (1) Initial the bracket at each authority you grant, or (2)_Write or type the letters for each authority you grant on the blank line at(P), and initial the bracket at(P). If you initial (P), you do not need to initial the other lines. I grant authority to my agent(s)with respect to the following subjects as defined in sections 5- 1502A through 5-1502N of the New York General Obligations Law: ( ) (A) real estate transactions; ( ) (B) chattel and goods transactions; ( ) (C) bond, share, and commodity transactions; ( ) (D) banking transactions; ( ) (E) business operating transactions; ( ) (F) insurance transactions; ( ) (G) estate transactions; ( ) (H) claims and litigation; ( ) (I) personal and family maintenance. If you grant your agent this authority, it will allow the agent to make gifts that you customarily have made to individuals, including the agent, and charitable organizations. The total amount of all such gifts in any one calendar year cannot exceed five hundred dollars; ( ) (J) benefits from governmental programs or civil or military service; ( ) (K) health care billing and payment matters; records, reports, and statements; ( ) (L) retirement benefit transactions; ( ) (M) tax matters; - - ( )=(N)-all-other-matter-s; - - --- -- (—)-(0)full and unqualified-authority to my agents)to delegate any or--�--- --'-all of the foregoing powers to any person or persons whom my � agent(s) select; ) (P) EACH of the matters identified by the following letters: A,B,C,D,E,F,G,H,I,J,K,L,M,N and O. 2 1 1 1 J s You need not initial the other lines above if you initial line (P). (g)MODIFICATIONS: (OPTIONAL) In this section,you may make additional provisions, including language to limit or supplement authority granted to your agent. However, you cannot use this Modifications section to grant your agent authority to make gifts or changes to interests in your property. If you wish to grant your agent such authority,you MUST complete the Statutory Gifts Rider. --10 t�y ](Q) EACH OF THE BELOW MATTERS IDENTIFIED BY THE FOLLOWING ERS: R, S,T,U,V,W,X,Y,Z,AA,BB,CC,DD,EE,FF,GG,HH,II,JJ,KK,LL,MM,NN, OO,PP,QQ,RR,SS and TT. (You do not need to initial each of these letters below if you initial line Q) [ ] (R) My agent has the unrestricted power to act(including gratuitous acts)with respect to trusts, including,but not limited to creating and funding a trust,revoking or modifying a trust,and adding property to an existing or subsequently created trust; [ ] (S) Authorization to discuss health conditions and treatment with any health care provider,who shall be authorized to disclose any medical or financial information to my agent, including information which might otherwise be protected under HIPPA Laws and regulations; [ ] (T) To sue or file complaints against any financial institution, brokerage company,health care provider or any other person or institution who refuses to provide information to my agent under the authority granted hereunder. [ ] (U) IRA transactions and all matters relating to any IRA I may own. [ ] (V)To make statutory elections and renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer under Section 2-1.11 of the New York Estates,Powers and Trusts Law and/or Section 2518 of the Internal Revenue Code. [ ] (W)To enter into contracts, including contracts for long term care with the agent and/or others, on such terms as my agent deems reasonable. [ ] (X) This power of attorney shall not be revoked by any subsequent power of attorney I may execute,unless such subsequent power specifically provides that it revokes this power by referring to the date of my execution of this document. [ ] (Y) This power of attorney revokes all powers of attorney I have previously executed, except any powers of attorney previously executed by me for a specific or limited purpose,unless I have specified otherwise herein. It shall not revoke any power executed as part of a contract or agreement I signed or for the management of any bank or securities account. In order to revoke a prior power of attorney for a specific or limited purpose, I will execute a revocation specifically referring to the power to be revoked. [_ ] (Z) This document may be signed by the Principal and agent in counterpart. [ ](AA) Unless reasonable cause exists to require otherwise,the agent(s) shall not be obligated by the monitor, if I have appointed one,to provide financial details or accounting more -- fiequently thO annually. -- - - - - - - - [ ] (BB) To make decisions regarding my domicile or residence including executing documents or issuing statements concerning my intentions as to my residency or domicile. It is my intention to return home if I should be in a hospital,rehabilitation center or nursing home and my attorney(s)-in-fact shall take all reasonable and practical steps to effectuate same. This is my stated intention and not a mandate to my agent. Also,this provision does not preclude my agent from selling my residence under this instrument. 3 [ ] (CC) Enter any safe deposit box or other place of safe keeping standing in my name alone or jointly with another and to make additions, substitutions or replacements; [ ] (DD) Enter into buy/sell agreements; [ ] (EE) All dealings in respect to loans and forgiveness of debts; [ ] (FF) Social Security Administration,Veterans Administration, Social Services, Medicaid, and all other government benefits or entitlements, including, not limited to: claims, planning for eligibility, submission of applications and appeals; [ ] (GG) Reimburse my agent under this Durable Power of Attorney or a Health Care Proxy for any costs (including legal fees) reasonably incurred in or as a result of acting pursuant to such Durable Power of Attorney or Proxy; [ ] (HH) Retain, discharge and pay for the services of attorneys, accountants,financial planners, geriatric care managers, social workers and other health care professionals; [ ] (II) To engage in discharge planning and choose the place of abode of the Principal including placement in a skilled nursing facility, sub acute facility or assisted living center; [ ] (JJ) To enter into a"Personal Service Contract"or Caregiver Agreement"on behalf of the principal with third parties, including the agent; [ - ] (KK), _ Jo purchase-or sell a life estate.on behalf of the principal in either the Principal's home or the home of a third party, including the agent; [ ] (LL) To make loans to third parties, including the agent, and to accept a DRA- compliant promissory note as security for said loan; [ ] (MM) To purchase and/or enter into an annuity contract that is compliant with the DRA with third parties, including the agent; [ -] (NN) To create and fund,with the principal's assets, a Grantor Retained Annuity Trust ("GRAT"), an Income Only Irrevocable Trust or a Revocable Living Trust on behalf of the principal with the agent and/or a third party acting as Grantor, Trustee or beneficiary thereof, that is DRA compliant or contains any other terms that my agent deems appropriate; [ ] (00) The specific authority to purchase Series I and Series EE United States Savings Bonds; [ ] (PP) Full and unqualified authority to act in all matters with the Internal Revenue Service as if Form 2848 were executed; and the New York State Department of Taxation and Finance as if Form POA-1 were executed,which forms are incorporated by reference herein; [ ] (QQ) I hereby authorize and direct my agent to commence legal proceedings for actual and punitive damages against any third party who refuses to honor and accept this instrument. [ I(RR) "Reasonable compensation"as used in this Power of Attorney shall mean such reasonable fees as my agent shall require for the performance of services hereunder, including without limitation the reasonable expenses of retaining an office and staff, and consultants in financial and investment matters,in order for my agent to properly carry out the duties required hereunder. I expect my agent to regularly review such compensation and expenses and to prepare an annual accounting of same. - _ ( -- - -)-(SS)=All=banking,-insurance,-business-operating=tr-ansactions,-taxes,-and-other - -- - powers hereunder with respect to East End Ecology,Ltd., Mattituck Sanitation, and any - - - other carting, sanitation or transfer business shall be handled by my agents,Frances C. DiVello, or Vito M. Divello, only,who may act separately, and my agent,Diana C. DiVello, shall not have any authority with respect to such matters unless both of my other two agents are unable to act. 4 ( ) (TT) All banking, insurance, business operating transactions,taxes,and other power hereunder with respect to Portobello Restaurant, to the extent I may have any interest in same, including without limitation matters relating to licensing and permitting thereof, and any other related restaurant or catering businesss in which I may have an interest, shall be handled by my agents,Frances C. DiVello, or Diana C. DiVello only,who may act separately, and my agent,Vito M. DiVello,shall not have any authority with respect to such matters unless both of my other two agents are unable to act. (h) CERTAIN GIFT TRANSACTIONS: STATUTORY GIFTS RIDER(OPTIONAL) In order to authorize your agent to make gifts in excess of an annual total of$500 for all gifts described in(I) of the grant of authority section of this document(under personal and family maintenance), you must initial the statement below and execute a Statutory Gifts Rider at the same time as this instrument. Initialing the statement below by itself does not authorize your agent to make gifts. The preparation of the Statutory Gifts Rider should be supervised by a lawyer. e "f(SGR)I grant my agent authority to make gifts in accordance with the terms and conditions of the Statutory Gifts Rider that supplements this Statutory Power of Attorney. (i)DESIGNATION OF MONITOR(S): (OPTIONAL) If you wish to appoint monitor(s), initial and fill in the section below: () I wish to designate ...................... whose address(es) is (are) ............................................................. as monitor(s). Upon the request of the monitor(s),my agent(s) must provide the monitor(s)with a copy of the power of attorney and a record of all transactions done or made on my behalf. Third parties holding records of such transactions shall provide the records to the monitor(s)upon request. 0) COMPENSATION OF AGENT(S): (OPTIONAL) Your agent is entitled to be reimbursed from your assets for reasonable expenses incurred on your behalf. If you ALSO wish your agent(s) to be compensated from your assets for services rendered on your behalf, initial the statement below. If you wish to define "reasonable compensation", you may do so above,under "Modifications". ( ) My agent(s) shall be entitled to reasonable compensation for services rendered. (k)ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party for any claims that may arise against the third party because of reliance on this Power of Attorney. I understand that any termination of this Power of Attorney,whether the result of my revocation of the Power of Attorney or otherwise, is not effective as to a third party until the third parry has actual notice or-knowledge-of-the-terminatio - — — - - (1)TERMINATION: This Power of Attorney continues until I revoke it or it is terminated by my death or other event described in section 5-1511 of the General Obligations Law. Section 5-1511 of the General Obligations Law describes the manner in which you may revoke your Power of Attorney, and the events which terminate the Power of Attorney. 5 (m) SIGNATURE AND ACKNOWLEDGMENT: In Witness Whereof I have hereunto signed my name on November 3,2010 Principal signs here: /p-4, John M.DiVello STATE OF NEW YORK COUNTY OF SUFFOLK On November 3,2010, before me,the undersigned, a Notary Public in and for said State, personally appeared John M. DiVello, personally known to me or proved to me on the basis of satisfactory evidence that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument,the individual(s), or the person(s) or entity(ies) upon behalf of which the individual(s) acted, executed th rum nt ^ ABIGAIL A.WICKHAM y Public State of New York Notary P blic No.52-4642871 (n) IMPORTANT INFORMATION FOR THE AGENT: Qualified in Suffolk County Cc C.o iss on Expires Sept.30,20t$9 When you accept the authority granted under this Power of Attorney, a specra�rega�relationship is created between you and the principal. This relationship imposes on you legal responsibilities that continue until you resign or the Power of Attorney is terminated or revoked. You must: (1) act according to any instructions from the principal, or,where there are no instructions, in the principal's best interest; (2) avoid conflicts that would impair your ability to act in the principal's best interest; (3)keep the principal's property separate and distinct from any assets you own or control,unless otherwise permitted by law; (4)keep a record or all receipts,payments, and transactions conducted for the principal; and (5) disclose your identity as an agent whenever you act for the principal by writing or printing the principal's name and signing your own name as "agent" in either of the following manners: (Principal's Name) by(Your Signature) as Agent, or(your signature) as Agent for(Principal's Name). You may not use the principal's assets to benefit yourself or anyone else or make gifts to yourself or anyone else unless the principal has specifically granted you that authority in this document, which is either a Statutory Gifts Rider attached to a Statutory Short Form Power of Attorney or a Non-Statutory Power of Attorney. If you have that authority, you must act according to any instructions of the principal or,where there are no such instructions, in the principal's best interest. You may resign by giving written notice to the principal and to any co-agent, successor agent,monitor if one has been named in this document, or the principal's guardian if one has been appointed. If there is anything about this document or your responsibilities that you do not understand, you should seek legal advice. Liability of agent: The-meaning of-the-authority=given-to you-is=defined-in-New-Y-or-k's-General-Obligations-Law, -- - — Article 5-Title 1-5-If-it-is found that you have violated the law or acted outgide the authority --�-- - granted to you in the Power of Attorney, you may be liable under the law for your violation. (o) AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT: It is not required that the principal and the agent(s) sign at the same time,nor that multiple agents sign at the same time. 6 We,Frances C. DiVello, Diana S. DiVello, and Vito M. DiVello,have read the foregoing Power of Attorney. I am the person identified therein as agent for the principal named therein. I acknowledge my legal responsibilities. Agent(s) sign(s) here: Frances C. DiVello DiVel o J 1, Vito M.DiVello STATE OF NEW YORK COUNTY OF SUFFOLK On November 3,2010, before me,the undersigned, a Notary Public in and for said State, personally appeared Frances C. DiVello, Diana S. DiVello and Vito M. DiVello, personally known to me or proved to me on the basis of satisfactory evidence that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument,the individual(s), or the person(s) or entity(ies) upon behalf of which the individual(s) acted, executed the instrument. ABIGAIL A.WICKHAM Notary Public State of New York -'Notar Public No.52-4642871 Qualified in Suffolk County i3 Commission Expires Sept.30,20M POWER OF ATTORNEY NEW YORK STATUTORY GIFTS RIDER AUTHORIZATION FOR CERTAIN GIFT TRANSACTIONS CAUTION TO THE PRINCIPAL: This OPTIONAL rider allows you to authorize your agent to make gifts in excess of an annual total of$500 for all gifts described in(I) of the Grant of Authority section of the statutory short form Power of Attorney(under personal and family maintenance), or certain other gift transactions during your lifetime. You do not have to execute this rider if you only want your agent to make gifts described in(I) of the Grant of Authority section ofthe-statutory-short-form-Powei=of=Attorney-and you-initialed"(I)=on-that=section-of - — that form. Granting any of the following authority to your agent gives your agent the authority to ----" - take actions which could significantly reduce your property or change how your property is distributed at your death. "Certain gift transactions" are described in section 5-1514 of the General Obligations Law. This Gifts Rider does not require your agent to exercise granted authority,but when he or she exercises this authority,he or she must act according to any instructions you provide, or otherwise in your best interest. 7 This Gifts Rider and the Power of Attorney it supplements must be read together as a single instrument. Before signing this document authorizing your agent to make gifts, you should seek legal advice to ensure that your intentions are clearly and properly expressed. (a) GRANT OF LIMITED AUTHORITY TO MAKE GIFTS Granting gifting authority to your agent gives your agent the authority to take actions which could significantly reduce your property. If you wish to allow your agent to make gifts to himself or herself, you must separately grant that authority in subdivision(c) below. To grant your agent the gifting authority provided below, initial the bracket to the left of the authority. ) I grant authority to my agent to make gifts to my spouse, children,and more remote ascendants of those persons, not to exceed,for each donee,the annual federal gift tax exclusion amount pursuant to the Internal Revenue Code. For gifts to my children and more remote- descendants- and parents,the maximum amount of the gift to each donee shall not exceed twice the gift tax exclusion amount, if my spouse agrees to split gift treatment pursuant to the Internal Revenue Code. This authority must be exercised pursuant to my instructions,or otherwise for purposes which the agent reasonably deems to be in my best interest. (b)MODIFICATIONS: Use this section if you wish to authorize gifts in amounts smaller than the gift tax exclusion amount,in amounts in excess of the gift tax exclusion amount, gifts to other beneficiaries, or other gift transactions. Granting such authority to your agent gives your agent the authority to take actions which could significantly reduce your property and/or change how your property is distributed at your death. If you wish to authorize your agent to make gifts to himself or herself, you must separately grant that authority in subdivision(c) below. I further authorize and insert the following modifications to the statutory power of attorney: 1. Any gift of my property may be transferred in cash or in kind, and may pass outright to --- - - the-recipient or=may=be=transfer-red-to-a-custodian under_the_Uniform Transfer-to_Minors-Act which may be established-by my agent: 2. Any gift made of my property maybe transferred to a trust for the benefit of the recipient. Such trust may be an existing trust or a trust which can be created by my agent for the benefit of the recipient. 3. In making gifts of my property, my"best interest" shall include gifts which would be likely to cause a reduction in income, estate or other taxes or which would carry out a plan for 8 the protection of my assets against creditors or the costs of nursing home care in the foreseeable future. 4. Any gift powers granted under"(g)Modifications" of the Power of Attorney above are incorporated into this provision and may be exercised in favor of any such persons. (t f I grant the following authority to my agent to make gifts pursuant to my instructions, or otherwise for purposes which the agent reasonably deems to be in my best interest: Any gifts in any amount which my agent deems appropriate to my financial,medical, charitable or estate planning objectives,to my spouse,my children,my father, or to any of their descendants, or to charitable institutions, as my agent approves. (c) GRANT OF SPECIFIC AUTHORITY FOR AN AGENT TO MAKE GIFTS TO HIMSELF OR HERSELF: (OPTIONAL) If you wish to authorize your agent to make gifts to himself or herself,you must grant that authority in this section, indicating to which agent(s) the authorization is granted,and any limitations and guidelines. I grant specific authority for the f ll wing agent(s)to make the following gifts to himself or herself: My spouse or either of mylmay make gifts to himself or herself which the agent deems to be appropriate for my financial, medical, gifting or estate planning objectives. This authority must be exercised pursuant to my instructions, or otherwise for purposes which the agent reasonably deems to be in my best interest. (d)ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party for any claims that may arise against the third party because of reliance on this Statutory Gifts Rider. (e) SIGNATURE OF PRINCIPAL AND ACKNOWLEDGMENT: In Witness Whereof I have hereunto signed my name on November 3,2010. PRINCIPAL signs here: — �JOhn M. DiVello STATE OF NEW YORK - - COUN-T-Y-OF=SUFF-L- ------- - - - ------ - ---- -- --- - --- --- ---- - -- - - On November 3, 2010,before me,the undersigned, a Notary Public in and for said State, personally appeared John M. DiVello, per oonally known to me or proved to me on the basis of satisfactory evidence that he/she/they executed the same in his/her/their capacity(ies) and that by ti 9 his/her/their signature(s) on the instrument,the individual(s), or the person(s) or entity(ies)upon behalf of which the individual(s) acted, executed the instrument. ABIGAIL A.WICKHAM ` Notary Publio State of New York No.52-4642871 Qualified in Suffolk County %I Notar Public Commission Expires Sept.30,200 (f) SIGNATURES OF WITNESSES: By signing as a witness, I acknowledge that the principal signed the Statutory Gifts Rider in my presence and the presence of the other witness, or that the principal acknowledged to me that the principal's signature was affixed by him or her or at his or her direction. I also acknowledge that the principal has stated that this Statutory Gifts Rider reflects his or her wishes and that he or she has signed it voluntarily. I am not named herein as a permissible recipient of gifts. Signature orwitneskJ Signature of witness 2 November 3,2010 November'), 2010 J-- Fr�o )-j fzSY? fiY--),cit)nna- IYl M 14crs Print name: Print name: Address: Address: S8U Slrftl5bj 44k A.Q,h�nJY� I 1L�]`�� n (g)This document prepared by: Abigail A. Wickham,Esq., Wickham,Bressler, Gordon&Geasa,P.C., 13015 Main Road,PO Box 1424,Mattituck,NY 11952 631-298-8353 Fax 631-298-8565 wwblaw@aol.com 10 •t Srandard N.Y.O.I'16 r., wn1.Ci—n-1 aqu o C-11tor. A •.- • l m N(102•:I-7f-i0M-6ugJn1 anJ fid.D,•d Act,-Indu.d.Ul br(;OtPaJf1011,t/mglC sfR'Crl O ''..ppppt- l��ll 1' 1 (• CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USEb BY LAWYERS ONLY. THIS INDENTURE,made the 19th day of July ,nineteen hundred and seventy—siu BETWEEN JAMES M. O'CONNELL, residing at Cedar Place, Glen•Cove, �}��t::• New York, and PHILOMENA LIZZA, residing aj 2 Mdl1 River-Road, Oyster Bay, New;York r 1 nti `? I party of the first part,and JOHN and FRANCESADiVELLO, his wife, residing at Soundview Avenue, Mattituck, New York, party of the second part; of' "CD WnIVME1711,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the patty 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,vMz*K2iWdh390Lmk. �tgLl sitaate, lyfng4W br ag im*br.at.M%ttituck, iu the Town of Southold, County' .of Suffolk, State-of New York, more partirculArly-bounded and.described as follows: BEGINNING:at' a point in the Southerly line Of land of Long Island Railroad Company, distant Easterly as measured along said Southerly r' line 157 feet, from the Easterly line-of Wickham Avenue and which point of beginning is the Northeasterly corner of land now or formerly } ?; of Vahlsing- • RUNZIING TH14CB along the Southerly line of said laud of the Long Island Railroad Company North 46 degrees 20 minutes20 second>r East', _ 583'.0,5''feet to the westerly line of Mary's Road; TMCE along ,the Westerly'line of said Mary's Road South 14 degrees• 36 minutes 50 seconds Bast, 132.58 feet to a monument and the North- erly line of •a certain highway 33 feet wide, which connects Mary's Road with Wickham Avenue, known as Kill Street; TUNCE along the Northerly.line •of the highway last sentioned South 47 degrees 08 minutes 40 seconds West, 399.05 feet to�a monument; THENCE still along the Northerly line of said highway South 45 degrees 52 minutes 30 seconds West, 119.66 feet to a monument set in the Southwasterlycorner of said land now or formerly of Vahlsiug; TRENCE along the Easterly line of land last mentioned North 43 de--., green 39 minutes 40 seconds West, 111.24 feet to the point Of• BBGIIINING. Premises herein described shall contain all railroad siding as it presently exists. The grantors herein, James M. O'Connell and Philomena Lizza, are the same persons as the grantdes in the deed dated March 7, 1969 recorded-March 10, 1969 in Liber 6516 ap 210. TOGETHER with all right,title and interest,if atiy,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 HOLT) 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 a's 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 consid- eration as a trust fund io lie 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-afty-part-of-the_total-of_tht-same_for _ ' any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ! LI/ / 1'�r,' .. - - - (L.S.) (-a•) !;�..._., t a G•' `y�l,.:_�,'� •tom• ',. ,.. _ :'. '.,:�.. ;x ` , .. .. . •P11�1 amens�l+iz'�t '•1 `' : ...�... .:.ti .�_ LESTER M.ALBERTSON C C R D E QI rt't Of Suffolk County ,.c -. lM `1..7�I• ,,� i•!'I�r('1. ::Ja: :Yal1Qf K m r• r T• { l i .ffeti •4f%riV .'."•x �w�•��1 `*ri1.A' � ./`, .r . },, 1.6aii:.i.;1�C_ v7:'1:b4 5. J,• .:c`us... A ,t. TLW`il cctittr 4— Dvj MaA -;I.. j Ij IS STrUIAEqT S*:'ULD 4F US.D CY LA1,7YE't.7 DULY THIS INDENTURE, r.-At, the day of 69C.&: nineteen hundred and C.,, fat• St Ft 1'sE:� BETWEEN C1.0,) JOHN DiWW and FRANCYS C. DiV1-'-T.L.:, his wife, both residing at No. # Westphalia Road, Matti.tuck, ,-yw York 11952 7 party of the first part,and JOHN DWI= and FRW04'S C. DiVI92.^, his wife, both residing at: No I Westphalia lbad, Mattittick, -'-,-zrv7 York 11952, as tenants by the entirety, as to a 90% interest and East End E _ _ I S??:L _, a New York Corporation with princ-*-:,31 office at 800 Wickham Avenue, nittituck, New York, as to a 10% J--.Iterest, party of the second part, WITNESSE111,that the party of the first part,in consideratior. --f ten dollars and other valuable consideration paid by(lie party of the second part,does hereby grant and relen.se unto the party of the-second part,the heirs or successors and assigns of the party of the second part ALL that certain plot, piece or parcel of land, situate, lying and being knOx at nlattituck, in the Town of Stmithol d, County of Suffolk, State of NT--d York, more particularly bounded and dos ril-v?d as follows: B-Z.1MILNG at a point in the Southerly line of :red of Long Island Railroad Conjoany, dis�-,Irit FisLerly as tIasured alung said SouL-h.: ly line 157 feet, from the Easterly Line of Wickham Avenue and which point of beg-* ging is the Northeasterly corner of I-jt,.d now or E-ormrly of 17ahlsing; RZINING "I'X7, along the Southerly line of sai= land of the Long Island Railroad C-aipany North 46 degrees 20 minutps 20 second East, 583.05 feet to the Westerly line of Mary's Road; THENCE: along the Westerly line of said Mary's Rxid South 14 degrees 36 minutes 50 seconds East, 132.58 feet to a nonument and the Northerly line of a certain • highway 33 feet wide, which connects Mary's Read with Wickham Avenue, krK= as Hill Street; THENCE along the Northerly line of the highway last mentioned South 47 degrees 08 minutes 40 seconds ]:Last, 399.05 feet to a nm--:7-ent; DISTRICT '11;.,.WCE still along the Northerly line of said `--ighway South 45 degrees 52 minutes 1000 30 seconds West, 119.66 feet to a monument set in the Southeasterly corner of said land now or For;cerly of Vahlsing; SECTION IIIENCE along the Easterly line of land last rreintioned North 43 degrees 39 minutes fff 027 40 seconds West, 111.24 feet to the point of _--31MING. Bt= Being and intended to be the same premises cc.- -ayed to the Parties of the First 2-D--CT Part by Deed dated July 19, 1976 and recorded fn the Suffolk County Clerk's Office on August 17, 1976 in Liber 8088, Page lor 32 DOMICT SECTION BLOCK LOT M- I.---I 10 L'0i '- M- 0 17 2[ 26. TOGETHER with all right, title and interest, if any,of the of the first part in:end to any streets and roads abutting the above described premists to the center lines -treof;TOGF.'rl4l-.Rwith thtappurtenances and all the estate and rights of the party of the first part ir. ..-,d to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party Of the sec:--- part, the heirs or success-ors and assigns of ibc party of the second part forever. AND the party of the first part covenants that the party of .-t first part has not done or suffered anything „hereby the said premises have been encumbered in any way *.- 'L1LeVtr,CXCCpt as aforesaid. AND the party of the first part,in compliance with Section 1: -,f the Lien Law,covenants that the party of —thL-first-part-will-rtceive-the-consideration-for-this-coiiveyai-ec-=_:.4-will-liold-the-right-to-rcceive-such-consid- oration as a trust fund to be applied first for the purpose of pa. -g the cost of the improvement and will apply the same first to the payment of the cost of the improvement using any part of the total of the same for arty other purpose. The word "party" shall be construed as if it read "parties"%- •-.vvcr the sense of this indentpic 5o requires. IN WITNESS WHEREOF,the party of the first part has du:_ -xccultd this deed the Jay and%.car first above written. IN PRESENCE OF: RECEIVED R rAI�- ES'--- TATE NOV 9 IAW JUIN DiVBUO R C SUIT()!K .11 --7 F—Ill... I I a a-1-C e Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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. 3. 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- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, 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 Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#iv0 o - l eD - JUL 1 8 2012 PROJECT NAME The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board El—Building Dept. Board of Trustees ❑ 1. 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: 305 V,,61-4m Aver Site acreage: , Present land use L�9ti L c�vs�vz � rceJ f- �PsrdJ�� Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: T J/ l (a) Name of applicant: ��"'► m' D'�L�/� a--mczz 0, .LJ)r! 10 (b) Mailing address: FD 13o)c- /SLS �/� J fZ' (c) Telephone number: Area Code Z'76-9-55 G10 5 c ryLv (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 development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable �eso�ves , a7ror� our 1�� oH�h L/ vol 7Z- O rriirh /'e-sUfvr lore ?� ✓eO U� �cn� ov, 6 ry �o �.✓ La'ziL Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No X Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No [k Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ NX 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 M Not Applicable Attach 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 KNot Applicable I Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No K] Not Applicable Attach 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 ❑ Nor, Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 1:1Yes❑ No FM Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's :.n&er-dependent uses and promote sitii g 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 KNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No KNot'Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No YKNot Applicable PREPARED B �� G�%�c � TITLE DATE /GL Amended on 811105 =�o��gUFFO(�-cOGy< y 2 �o a° 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 Subdivision Name k /0'& >iV0_110 111'#Wreebl 2. Suffolk County Tax Map# (include all tax map parcels involved) MOO —/ya-Z-.3o 32- 3. Z3. Hamlet 4. Street Location !✓/PI//G,��igm s�f��� �� ��j�Q S /�pq� 5. Acreage of Site 9q acres i 6. Zoning District U L 1 8 2012 7. Date of Submission 8. Please provide the names, addresses and phone numbers for the following people: Applicant: T/ 410-f ,CYGn�a 1 &/0 i Re-Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: SFO / 'Z- Property Property Owner(s): 61ine 25 Y Surveyor: ,ggm/G VO�I/e4�W�d 151 f 1r/ NY //97_L _ Engineer: h `t!!;4e{17 PZ�- A s dart V f 11271 Attorney: cSYP/!7C as 2gep�i 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. %s 2L"d TSO A��Iyy/du�u ACi / ��pn Oce ///64t IFOM l5 �D TG<✓2. �c��LQVI� 32-, oalZZ -Ir 7 G.Z 7L�� 32 e divZ4l 2 ���u�cc41 axo/ 6 LT7 1e/'!� 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? � s- (d) Create an additional building lot? (e) Create a nonconforming lot? (f) Require a variance from the Zoning Board of Appeals? 2ez- (g) Impact the future planning of the subject properties? OIC 11.Does the parcel(s) meet the Lot Recognition standard in Town Code 280-9 Lot Recognition?tion? Yes . No . If"yes', explain how: 12.Does this application meet the standard in § 240-57. Waiver_ adjustment of property lines to waive the subdivision process?If so, please provide the name and date of the original subdivision. 13. Application completed by [ ] owner [ gent [ ] 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. Zin/Signature of Prepare r Date 3 Re-Subdivision Application Fonn 14-164 191951 PROJECT I.D.NUMBER 617.20 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR: ToG}N h7, DI UEC.Lo f FAZA AGES �'.. (�• V C//o ,// 1/Q</O /'y r/� QQ-/ 3. PROJECT LOCATION: �L/ _ Municipality /�Q T7 rTCJ�-K Count J(v 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks,etc.,or provide map) goo 11Jrc%ck�wx �i f 305 ft<il� o d247 cc&- Al 5. IS PROPOSED ACTION: ❑New OEx ansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: n Sulacl?u1s.oh 3/o�S f�fiy�%l �fJ/�� Z61 32 ; /G�ye t&� heA) /v'es�d�C(� Iwc-e-. pan Ca e- �� '1Lq.Y to C. 3A add AgM1Q-M4,L1 � 7ZM GF{- 3�� (_./ 70- tk', TO L/ e- 7. /� 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? O Dyes I No If No, describe briefly L0_4,e_.,ZS�- p ,¢-,i /20 P4A- -- Fivu1-y"-L 1WdeplAvau"'ca-- ;ZoWAcok 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? fl(Residential ndustriai ( Commercial DAgricultural ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,STATE OR LOCAL)? - - ,VYes DNo If yes, list agency(s)name and permit/approvals 5ovlllo/d Town Z13A- vav/ance- oSovHrold f� o5v6e%rr[Sco-n - r�oF{dZ+� CB. �.Qpt J�F4.� o�'e-vu:fia 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Dyes DNo If yes, list agency(s)name and permit/approval 12.AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? '. DYes DNo I CERTIFY THAT THE(INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor name: ✓0s7"7 Mr 2) //(J,//p Dy V 1 Date: Signature: "xr - If the action is in a Coastal Area, and you are a state agency, complete a Coastal Assessment Form before proceeding with this assessment i