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1000-145.-2-1.4 & 1.5
PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND January 27, 2009 Mr. William C. Goggins 13105 NYS Route 25 P.O. Box 65 Mattituck, NY 11952 pf SOUryo� �pp• ,,a�Q W NV PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631765-3136 Re: Proposed Lot Line Change for the Properties of McNulty and Diller Located on the south side of Peconic Bay Boulevard, approximately 158 feet east of Laurel Lane in Laurel. SCTM#1000-145-2-1.4 and 1.5 Zoning District: R-40 Dear Mr. Goggins, A Conditional Final Resolution was adopted by the Southold Town Planning,Board for the above referenced application on September 9, 2008. In order for the Town of Southold Planning Board to grant Final Approval of your application and close your file, and as per the Conditional Final Resolution, a copy of the filed deed with Suffolk County must be submitted to this office. Please send a copy of the deed filed with Suffolk County to this office before March 31,- 2009 ,.2009 to avoid expiration and so that we may grant Final Approval to your application and close this file. If you have any further questions, please do not hesitate to contact this office. Tamara S. Sadoo Planner Town of Southold PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 9, 2008 William C. Goggins, Esq. 13105 NYS Route 25 P.O. Box 65 Mattitiuck, NY 11952 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11911 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd'. & Youngs Ave.) Southold, NY Telephone: 631 765-1935 Fax: 631765-3136 Re: Lot Line Change for the Properties of McNulty and, Diller Located on the south side of Peconic Bay Boulevard, approximately 158 feet east of Laurel Lane, in Laurel SCTM#1000-145-2-1.4 and 1000-145-2-1.5 Zoning District: R-40 Dear Mr. Goggins: The Southold Town Planning Board, at a meeting held on Monday, September 8, 2008, adopted the following- resolutions: WHEREAS, this proposal is to re -configure the lot lines of two parcels where SCTM#1000-145-2-1.4 will be enlarged from 22,151 square feet to 22,936 square feet by adding 784 square feet from SCTM#1000-145-2-1.5. SCTM#1000-145-2-1.5 will be reduced from 20,877 square feet to 20,093 square feet; and WHEREAS, it was determined that the proposal requires a lot area relief from the Zoning Board of Appeals in order to reduce the size of SCTM#1000-145-2-1.5; and WHEREAS, the Zoning Board of Appeals granted the necessary relief on February 7, 2008; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non -significance and grants a Negative Declaration; and be it further PLANNING BOARD MEMBE'�O �OF S0 JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR G Q GEORGE D. SOLOMON �Iycou JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 9, 2008 William C. Goggins, Esq. 13105 NYS Route 25 P.O. Box 65 Mattitiuck, NY 11952 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11911 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd'. & Youngs Ave.) Southold, NY Telephone: 631 765-1935 Fax: 631765-3136 Re: Lot Line Change for the Properties of McNulty and, Diller Located on the south side of Peconic Bay Boulevard, approximately 158 feet east of Laurel Lane, in Laurel SCTM#1000-145-2-1.4 and 1000-145-2-1.5 Zoning District: R-40 Dear Mr. Goggins: The Southold Town Planning Board, at a meeting held on Monday, September 8, 2008, adopted the following- resolutions: WHEREAS, this proposal is to re -configure the lot lines of two parcels where SCTM#1000-145-2-1.4 will be enlarged from 22,151 square feet to 22,936 square feet by adding 784 square feet from SCTM#1000-145-2-1.5. SCTM#1000-145-2-1.5 will be reduced from 20,877 square feet to 20,093 square feet; and WHEREAS, it was determined that the proposal requires a lot area relief from the Zoning Board of Appeals in order to reduce the size of SCTM#1000-145-2-1.5; and WHEREAS, the Zoning Board of Appeals granted the necessary relief on February 7, 2008; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non -significance and grants a Negative Declaration; and be it further McNulty and Diller Page Two 9/9/08 RESOLVED, that the Southold Town Planning Board hereby waives the public hearing for this project for the following reasons: 1. No new lots are being created; 2. Each lot is already developed with a single-family dwelling; 3. The existing character of the neighborhood will not be altered; 4. Current and future community planning will not be affected; and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys prepared by Howard W. Young, Land Surveyor, dated September 7, 2005, subject to the following condition: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. This condition must be met within six (6) months of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment of the condition, the Planning Board will issue final approval and authorize the Chairperson to endorse the final surveys. If you, have any questions regarding the above, please contact this office. Very truly yours, gerilyn . Woodhouse Chairperson PLANNING BOARD MEMBEA6 JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND 40"" �Of SO�ryo y�4UNT`I,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non -Significant September 8, 2008 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 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 Lot Line Change of Edna McNulty SCTM#: SCTMs#1000-145-2=1.5 and 1000-145-2-1.4 Location: Proposed Lot Line Change of Edna McNulty Properties are located on the south side of Peconic Bay Boulevard, approximately 158 feet east of Laurel Lane, in Laurel SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed lot line change is to re -configure the lot lines of two parcels where SCTM#1000-145-02-1.4 will be enlarged from 22,151 square feet to 22,936 square feet by adding 784 square feet from SCTM#1000-145-02-1.5. SCTM#1000-145-02-1.5 will be reduced from 20,877 square feet to 20,093 square feet. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: This lot line change is not creating any new lots. It is merely transferring 784 sq. ft. from an adjacent 20,877 sq. ft. parcel to a 22,151 sq. ft. parcel in the R-40 Zoning District. 1 McNulty Negative Declaration Page Two September 8, 2008 Therefore, the proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will therefore conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. 1. 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. 2. 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. 3. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. 4. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, 'or aesthetic resources or of existing community or neighborhood character. 5. No major change in the use of either the quantity or type of energy will occur. The lot will continue to have only the pre-existing single family dwelling. 6. No creation of a hazard to human health will occur. 7. 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. 8. 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: Tamara Sadoo, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 cc: NYS DEC WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, August 18, 2008 4:30 p.m. 4:30 p.m. Site Plans & Subdivisions Site Plans Subdivisions ........ ....... ........ . ..... .............. ............... name: ............... . --- NF�Project C-TM#: 1000-14......5... .-2-1........4......and.. ........... ...... ................ ..... . ......... . . ..... . ........ ......... . ................... . ..... ....... ...... 1000 -145-2-1.5 Location: .................... .................. . ............. I ...... ........... . .............................. .................... . . . .......... .. ... . ................. . on the south side of Peconic Bay Boulevard, approximately 158' east of . ...... . ... .............. .................................. ......................................... Laurel Lane, in Laurel ................ . . ........ ..... ...... ..................... -11. ...... . .... . ..... ... ........ . ... .. . .................................... Description: ... ...... . .. ... .... .......... . . ............. . ... ..., .. . ................ . ................. . . ............... ..... I .... . .............. - . .. ....... . ............. . . This proposed lot change will enlarge SCTM#1000-145-2-1.4 from 122,151 sq. ft. to 22,936 sq. ft. by adding 784 sq. ft. from SCTM#1000- 145-2-1.5. SCTM#1 000-145-2-1.5 will, therefore, be reduced from . ... .................... ....... .............. . . .............. . ..... ... ........ ......... 20,877 sq. ft. to 20, 093 sq. ft. Both lots are non -conforming in an R-40 _.._ .... .......... . ........................ . .. . . ......... ........ . .. . ......... ... ZZoninq District. ... . ... . ......... . . . . ......... . . . .. ............ Status: -1 ................. - . . . .. ............. .................... .... ......... . ... . . . .... ....................................... ............................. ..................... ... ........ ...................... ..... ...... . ........................... Application for Lot line..0 han.9e . .............. . . .. Recommendations: ..................... ... ..................... .................... ....... . .. . ....... * ..... .. ....... . . ... ...... . .................... . . ..... ... . ....... ;Waive public hearing and grant final approval at next public meetinq. ..... ... .. ........ public ..... . . ...................... . ............. grant ........... . ..... .. . ............ p . ................... . ....... Attachments: . ......................... . . I ..... ........ . ......... ... ...... ............ ...... . ... ..... . ............. . ....................... . . ................ ... . Staff Report .. . . . ........ - . ......... .. .. . ....... . . .. . ........ . .. QTY C . . . ... . ... ................... ....... . ............. ..... ....... ........ ......... . . ........... — ----- ...... . ......... . ........ . . . ..... .. ..... - - - - --------- - - -- ** Project name: ........ . .... .. .. ....... . . .... .... . ........... ..... ......... . .. . ....... - - - ----- Cove Beach Estates, LLC SCTM#: 1 1000-22-3-9.1,18.1, 18.7, ...... ..... .......... .. ...... . ... ........ . ................ 18.8 Location: .. . ............ .......... ....... ................... . . .... ................... ..... .......... .. ... ... .................. .... .. .... . ... . ................... ................ . .......... . .......... . . . ...... ...................... ...I ............ . ............... 1 on the north side of NYS Route 25, 1000' east of Kayleigh's Court, in East Marion Description: ............ . . ...... ....... . .... I ....................... .. I ................. .. .............. .... ................. 11 ................................ .. ........................ ........... ... .............. ....... ......... ............ I., . .......................... .. ............................................. ......... The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for future single family residences ranging in area from 1.65 acres; to 9.2 acres. The Peconic Land Trust holds a Conservation Easement . ... .................... ....... .............. . . .............. . ..... ... ........ ......... . ....... . . on 100.60 acres of the 104.35 acres, including Lots 1 throuqh 12. T. ... ......... . .... ................................................. .............. . ............ .. . .. .................................. . ..... . . .. . . ...................................... . . . ................... . Status: . ... ...... .... ......... . .... . ...... ...... . ... . . ........... . ........... . . .......... . .... . ... . ........ Final Approval issued by PB on June 12, 2004. Requesting partial .. .... .....I................................................. I release of Performance....Bond. ....................................................._................................ ........ .......... .. . ...... ... ... . ........ .... ..... ... . .............. . ..... . .. ........... ....................... . ....... ... ............ ...............Recommendations: :i ..... . ..............I.... ......... ................ ..............I......................... Attachments: . ...... . ....... ............I................ .................. ............ ....................... .............................. .................. .................. ...................... ...........................-1.................. ..........._..........._......i letter and revised Bond Estimate from Jamie Richter, Town Engineer . . . ...... . ........... .. . .... .. . ... . ........... . ...... . ... . . ................... .... . .... . ....... ___ ........ ........ . .... . _ ------- . ............ ... . ...... 02 a- GOGGINS AND PALUMBO ii ttorneys and l ounseIars at Law 13105'M Im Road, P.0.13ox 65 Mattkuck, Now York 11952 FAX 671-298-4214 •(`{,(,LJ!'iiQNC 631-2 98 8200 DATE',: t' -Rom: TO; FIRM: FACSIMILE TRA NSWSSIO.N.COVER S14E.-ET Willi11111 C. ("Wabills .�% Al'1111o1'11y 11. P111i.11111,(7�� Dofina M. Palmer 1�10intf'f'. Villfliii� :— �cx.�hold •ZEA #r t.�1 � � t.C1 «i 1 Total nnmiser of pages III Ihis tt'8llsIII lss101, ll1Clilding Cover shce( 3 IF YOU DO NO'S' 11GCrUV1, ALL O1+ Tl-li► PACT'S ] IA-1,ASE CALL OUR OFFICE, PROMPTLY AT (63 t) 298-4200 COM M l-N`1'S : • � �� nod DOCUM{;NTS FINCL,OSEU): nln o s ► r) C\ C()N1 1)L •TIAL I 'YN()'I`1�: 'l'11c dpGnnlenls 1�eettutplluy �11t'tali inl4s�i11{cndedlt �llysCtlrl(be 1190or cllllfidc►(11111111]c11nr lcglllly privileged 11trorillritiptl. Tltt tat 1 (114' latfivili11111 L11' Gpliiy 111111led 1111 lilts 11'i11is1111ssloll slice(. 10 39VJ oawn-lvd QNV SNI9909 t7TZb86ZZ89 89:Oi 800Z/9Z/L0 APPEALS 130ARD NIEMBERS a f 30UTy James Dinir.io, Jr_. Ma�lrn 1�_ Southold Town Hall 53095 Main Road - P.O.Box 1179 Gerard P. GoehrinVr Southold, NY 11971-0959 Binh 1a. Oliva GPfice Location: Michael A. Simon„ >+�Town Anwx /First Floor, North Fork Bank Kar�eS Weisman ':,t ;� C4UfVT`�,� 54375 Main Road (at Youngs Avenue) r Southold, NY 11971 http:llso u th o ldto wn. northt ork. net ZONING=BOARD OF APPEALS TOWN OF SOU 1130►I1D Tel. (631j."_765-4809 $U9 Fax (631) 765-9064 FTN.DINGS,:DL IBERATIONS, AND DETERMINATION FEBRUARY 7, 2008 ZBA # 6090 - :lraAl_�T�` cNULTY (and JOHN C. DILLER and HOLLY M. DILL,1{R) P'90PERTY LOCATION: 1.60 and 240 Great Peconic 13ay Boulevard, Laurel CTM 145-2.1.4, 145-2-1.5 fi:];,'Q,R.A DETERMINATION: '.Che 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. SEQR.A. Sl')l+FOLK COUNTY ADMINTSTAATIVE 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 October 31, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. PROPERTY 1+AQvPSIDESCRIPTION: The McNulty property is shown as County Tax Map (CTM) 145-2-1.4 with an area of 22,151 square feet and 52.58 feet along the south side of Peoonic Bay Boulevard and 435.12 feet extending to Peconic Bay. The Diller property is shown as CTM 1451-2-1.5 with an area. of 20,877 square feet and 89.63 feet along the south side of Peconic Bay Boulevard and also extending to Peconic Bay. BASIS OF APPLICN..P.10 : Request for a Variance under Zoning Code Section 280-18, based on the Building; Inspector's July 26, 2007 Notice of Disapproval which states that the Bulk Schedule requires a minimum lot area of 40,000 square feet. The area of CTM Parcel 1000-145-02-1.5 will be reduced from 20,877 square feet to 20,093 square feet, creating a greater degree of nonconformity with a lot line change, to enlarge CTM Parcel 1000-145-02-1.4 from 22,151 square feet to 22,936 square feet_ Both parcels are currently iinproved with a single-family dwelling and contain nonconforming lot sizes in this R-40 Law -Density Residential Zone District. RELIEF RE, QUESTI�D: The co -applicants are property owners with adjacent lots that are both non -conforming in size in the R40 Zone District. They are seeking a lot line change which will reduce the Diller property (CTM parcel 1000-145-02-1.5) from 20,877 square feet to 20, 093 square feet and annex this 785 square feet to the neighboring McNulty property (CTM 1.4) in order to create a code conforming; 10.9 feet side yard setback on the McNulty property. Such action requires an area variance for the Diller property from the Board of Appt:als before the Planning Board, can issue a lot line change. ADDITIONAL 1NFQRMATION: McNulty proposes to provide a 5 it. easement within this new side yard setback as access to Peconic Bay for the Diller property_ A letter from the Southold Town Planning Board dated November 20, 2006 signed by Anthony P_ Trezza, Senior Planner, states that if the ZBA grants a Z8 39VJ oawn-lvd QNu SNI9909 bZZ1786ZZ69 89:0Z 8003f5ZILo Page 2 -- February 7, 2008 ZBA # 6090 - Edna McNulty (%'1'14I 145.2-1,4, 145-2-1,5 variance then the Planning Board would process the applicants' application and issue an approval for the requested lot line change. R1+]ASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: , 1. Tawn Law §267-b(3)2)(3)(1), Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, No visible change will occur as a result of this lot line change and a non -conforming side yard setback will be eliminated on L'he McNulty property, ` — 'Ibw,rn Law §267-b 3)(h)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because both lots are nonconforming in size. 3. Town Law §267„-h(3)(b)(3). The variance granted for 875 square feet herein is not substantial oA lots that are both snore'than 20,000 square feet. d. Town Law '267-b 3 5 . The dif3iculty has not beery self-created. The location of the house on the McNulty property pre -dates the 2oning code. 5. Town Law §257-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_ It inerely moves a property line. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line change with conforming side )Yard setback, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESO1'ATTION OF' HE, 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 Weisman, seconded by Member Dinizi,o, and duly carried, to GRANT the variance as applied for, and shown on the survey map prepared by Young and Young, licensed .land surveyors, for Edna McNulty dated September 7, 2005, Vote of the Board: Ayes: Member/Vice Chairwoman Oliva, Member Dinizio, and Member Weisman. This Resolution was duly adopted (3-0) Absent were Chairman Goehringer and Member Simon.] RUTH D. OLIVA, VICE CHAIRWOMAN Approved for Filing 02/ c2( /2008 CO 39Vd o2wn-1vd QNV SNI9909 tiTZti86ZT69 89:02 800Z/5Z/L0 PLANNING BOARD MEMB V"j JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND November 20, 2006 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. William C. Goggins, Esq. 13105 NYS Route 25 P.O. Box 65 Mattituck, NY 11952 Re: McNulty Lot Line Change SCTM#1000-145-2-1.4 & 1.5 Dear Mr. Goggins: Your application for the above -referenced lot line modification cannot be processed by the Planning Board because a lot area variance is needed for the Diller property. As proposed, the lot area shall decrease from 20,877 square feet to 20,093 square feet in the R-40 Zoning District, where 40,000 square feet in the minimum required. You should file a variance application with the Zoning Board of Appeals. If the variance is granted, the Planning Board will process the application and issue an approval for the lot line change. If you have any questions or need additional information, please feel free to contact this office. S' e ly Anthony. r'rezza Senior Planner r-_ MAILING ADDRESS: S0 P.O. Box 1179 �QF Southold, NY 11971 OFFICE LOCATION: Town Hall Annex G • 54375 State Route 25 l�coum��v (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. William C. Goggins, Esq. 13105 NYS Route 25 P.O. Box 65 Mattituck, NY 11952 Re: McNulty Lot Line Change SCTM#1000-145-2-1.4 & 1.5 Dear Mr. Goggins: Your application for the above -referenced lot line modification cannot be processed by the Planning Board because a lot area variance is needed for the Diller property. As proposed, the lot area shall decrease from 20,877 square feet to 20,093 square feet in the R-40 Zoning District, where 40,000 square feet in the minimum required. You should file a variance application with the Zoning Board of Appeals. If the variance is granted, the Planning Board will process the application and issue an approval for the lot line change. If you have any questions or need additional information, please feel free to contact this office. S' e ly Anthony. r'rezza Senior Planner TAII GOGGINS & PALUMBO 5� ATTORNEYS AND COUNSELORS AT LAW J 13105 Main Road P.O. Box 65 Mattituck, New York 11952 'hone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS ANTHONY H. PALUMBO August 4, 2006 14 S DONNA M. PALMER Southold Town Planning Board Paralegal P.O. Box 1179.-Y Town Hall Annex - 54375 State Route 25_--� Aq Southold, New York 11971i 4 Vin;"AUG - 8 2006 `, Re: Edna McNulty with John C. Diller and Holly M. Dill r Dear Sir/Madam: -- - In connection with the above referenced matter, please be advised that a lot line change application was submitted on June 2, 2006. Please advise my office of the status of this application. Thank you. ttr yo s, am C ggins WCG/dl WILLIAM C. GOGGINS, P.C>: ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13105 Main Road- Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 June 2, 2006 Southold Town. Planning Board P.O. Box 1179 Town Hall Annex 54375 State Route 25 Southold, New York 11971 Sr WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. TRACY L. KARSCI 'ES.0---1--A �.: DONNA M. PALMER Paralegal._....__ It,fes + "' - .. ........... .. .............. i � y', JUN - 7 2006 �' } Re: Edna McNulty with John C. Diller and Holly M. Diller n Dear Sir/Madam: t=Mn"='' G" In connection with the above referenced matter, enclosed gIaase find:lhd following: 1. Re -Subdivision application form; 2. Power of 'attorney appointing John R. McNulty as agent; 3. Copy of Diller Deed and McNulty Assessment Card reflecting ownership through devise; 4. Short Environmental Assessment Form; 6 5. $500.00 application fee payable to the Town of Southold; 6. Six (6) copies of lot line change; 7. Agreement between Edna McNulty and Dillers. If you have any questions, please do not hesitate to contact the undersigned. Yo illiam og WCG/dl enclosures Town of Southold' Vf) Planning Department Staff Report Lot Line Adjustment I. Application Information Proiect Title: Lot Line Adiustment — Edna McNutt Map Prepared BY: Young and Young, L.S. Date of Map: September 7, 2005 Date of Submission: June 7, 2006 Applicant: Edna McNulty Tax Map Number: 1000-145-02-1.5 &1000-145-02-1.4 Project Location: See attached tax map and aerial ghotoaraph Hamlet: Laurel Zonina District: R-40 II. Description of Prosect Type of Application: Lot Line Adjustment Type of Subdivision: N/A Acreage of Project Site: 22,151 square feet Yield Map or Calculation: N/A Number of Lots Proposed: N/A Acres of Open Space/Reserved Area: None Percentaae of Open Suace/Reserved Area (see attached calculation): 0% Type of Access Provided: 5 foot Easement Length of Access: 78.46 feet III. Site Analysis SEAR Type of Action: Type II Present Land Use: Existina Structures: Single Family 1 story Dwelling Existing Permits, Approvals, CO's, etc: N/A Was Property Previously Subdivided: No If Yes, Date of Approval: NA Existing Easements or Restrictions: None Soil Type: N/A Located within Coastal Erosion Hazard Zone: N/A Located within Flood Hazard Zone: N/A Predominant Vegetation: N/A Significant Trees on Site: N/A Percentage of Slopes: N/A Name of Abutting Water Body: Peconic Bay Critical Environmental Area: N/A Type of Wetlands on or Adjacent to Site: N/A Are There Trails on Site: N/A Name of Trail: N/A Depth to Water Table: N/A Distance to Public Water: N/A Source of Water Supply: N/A Number of Access Points: One Historical or Archaeological Significance: N/A IV: Permits and/or Review Required From Other Agencies Variance needed from the Zoning Board of Appeals for non -conforming lots and side -yard set -back requirements. V: Project Analysis This proposed lot change will enlarge SCTM#:1000-145-02-1.4 (McNulty property) From 22,151 square feet to 22,936 square feet by adding 784 square feet from SCTM#: 1000-145-02-1.5 (Diller property). SCTM#: 1000-145-02-1.5 will therefore be reduced from 20,877 square feet to 20, 093 square feet. Both lots are non -conforming in an R-40 Zoning District. VI: Staff Recommendations While the subject lots of this proposed lot line change are both non -conforming in the R-40 Zoning district — existed prior to most recent zoning changes - and by taking 784 square feet from SCTM#:1000-145-02-1.5 (Diller) will make that lot even more non -conforming, in order to create a code -conforming side -yard set- back of 10.9 feet for McNulty (ZBA did not include underwater lands as part of the lot size therefore making the lot size less than 20,000 ft requiring only a 1 Oft side yard setback — see §280-124 (B) — the ZBA granted a variance for the Diller property. Further, McNulty proposes to provide a 5 ft easement within this new side -yard setback as access to Peconic Bay for the Diller property. Recommend: Consider waiving the public hearing and granting conditional final approval for this lot line change at the September 8 public meeting. Reasons for waiving public hearing: 1. This proposed lot line change is transferring a small strip of land, 764 square feet from a small non -conforming parcel to another small adjacent non -conforming parcel. 2. Both parcels are already developed with single family residences and this addition of land will not result in any intensification of use of the land. 3. The house on the McNulty property pre -dates the zoning codes. 4. This minor lot line change has no significant environmental effects, and will not make future planning of the affected parcels more difficult or impossible nor will it impact any other of the surrounding properties. v -J� � ( 4- a, Y-, Application for Re-Subdivision/Lot L Modification APPLICATION IS HEREBY MADE to the Town of Southold 1 VIA loard- o'r the proposed RE -SUBDIVISION described herein:, '-- e :.. 'T,d% 1. 2. Original Subdivision Name None 100 -145.00-02,00-001,005 Suffolk County Tax Map # 10 -145.00-02.00-001.004 3. Hamlet 4. Street Location 5. Acreage of Site A 7 Zoning District Date of Submission Laurel 260 Peconic Bay Boulevard 43,028 sq.ft.-.. R-40 June 2, 2006 Please provide the names, addresses and phone numbers for the following people: Applicant: Edna McNulty P.O. Box 73 _ Laurel, New York 1194 Agent: John R. McNulty Peconic bay Boulevard -, MAILING ADDRESS: B PLANNING BOARD MEMERS O�oSQFFO(�►C® G,y� P.O. Box 1179 JERILYN-B. WOODHOUSE =� Southold, NY 11971 Chair y .OFFICE LOCATION: RICHARD CAGGIAN0 WILLIAM J. CREMERS • y�01 Town Hall Annex State Route 25 KENNETH L. EDWARDS �aO�54375 (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY Telephone: 631765-1938 Fag: 631765-3136 PLANNING BOARD' OFFICE TOWN OF SOUTHOLD . u :�a fir?: . 4°^�`•r.r.-r.s Application for Re-Subdivision/Lot L Modification APPLICATION IS HEREBY MADE to the Town of Southold 1 VIA loard- o'r the proposed RE -SUBDIVISION described herein:, '-- e :.. 'T,d% 1. 2. Original Subdivision Name None 100 -145.00-02,00-001,005 Suffolk County Tax Map # 10 -145.00-02.00-001.004 3. Hamlet 4. Street Location 5. Acreage of Site A 7 Zoning District Date of Submission Laurel 260 Peconic Bay Boulevard 43,028 sq.ft.-.. R-40 June 2, 2006 Please provide the names, addresses and phone numbers for the following people: Applicant: Edna McNulty P.O. Box 73 _ Laurel, New York 1194 Agent: John R. McNulty Peconic bay Boulevard Ic Laurel, New York 11944 Property Owner(s): Edna McNulty Main Road Laurel, New York 119A Surveyor: Young & Young 400 Ostrander Avenue Riverhead, New York 11901 Engineer: Attorney: e William C. Goggins, P.C. P.O. Box 65 13105 Main Road Mattituck, New York 11952 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. Increase the side yard set back from Edna McNulty's house 10. DOES THE PROPOSED MODIFICATION: Affect the street layout in the original subdivision? No Affect any area reserved for public use? No Diminish the size of any lot? Yes N Create an additional building lot? No Create a nonconforming lot? No Require a variance from the Zoning Board of Appeals? No Impact the future planning of the subject properties? No 11. Application completed by [ ] owner [x] agent [ ] other UPON SUBMITTING A COMPLETED APPLICATION, THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW. 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 STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS, THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD APPROVAL WITHOUT FIRST NG RELIEF FROM THE ZONING BOARD OF APPEALS. Signature of Date June 1. 2006 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 pumose 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: McNulty, Edna last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Variance Special Exception Change of zone Subdivision Plat Site Plan Other (Please name other activity) Building Trustee Coastal Erosion Mooring Planning lot line change 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? "RehJ tionship includes by blood, marriage or business interest. "Business interest" means a business, incl Zing 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 Title or position of that person 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: June, 2006 Submitted this Is ay of X Signature Print Name Edna McN t ti TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET f VILLAGE DIST. SUB. LOT FORMER OWNER N E t fel u% / ACRz, o S How Wljt (dte CODE DATE OF CONSTRUCTION SAND IMP. TOTAL DATE REMARKS / Ge, d 1 M L7F�/J. Tillable FRONTAGE ON WATER ,S� .� Woodland FRONTAGE ON ROAD S,31 Meadowland DEPTH .C,L j/p House Plot BULKHEAD Total A4;le- Erre 0, �j M. Bldg. 9 FoundationBath i e a - Extension X 4r -o �� Z �® �( Basement — Floors ,,?� Extension Ext. Walls //.S,% Interior Finish Extension Fire Place Heat Porch X - y ��' G�� Pool*. Attic Deck Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garage O. B. o?V97 TOW,N°' OF SOUTHOLD AROOERTY RECORD CARD 0� OWNER STREET VILLAGE DIST. SUB. LOT vd FORMER OWNER N E ACR. Ar S WGR CODE DATE OF CONSTRUCTION LAND IMP. TOTAL DATE REMARKS w1)( 76v�w CLY126J. LIn W w f+ L rsd'le e; 5 /d -M /3. P /-? 76 >-n o e- -o- Aqt+rJ I o 1-7 +r) Iro TjwofI r Mc NG* 14 L( 40 9- 2-d Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROA &70 Meadowland DEPTH House Plot BULKHEAD Total I� fxl�l 3i: MEMEMMEN ■■■■s■■■ NONE WCB2 Considera,t-ion Less Than $100.,00 L I17(el P�a7 Dist. 1000 Sec. 145.00 Block 02.00 Lot 001.005 �,andnd N, Y,113"•U, roan 8002 Ougilu and sale'Deed, .with Covenuu agaiott Cuntut't Ant—ludlvidual of Cotpotatlon (tingle dteet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the I l*h day of January , nineteen hundred and n i n e t y —,.Six BETWEEN HELEN McNULTY, MILDRED McNULTY and EDNA McNULTY, all residing at 50 Main Road, Laurel, New York 1.1948 SECTION BLOCK t� DISTRICT ED []I M EE) 3N , 17 21 20 party of the first part, V�Eo 12 JOHN C. DILLER and HOLLY M. DILLER, his wife, both residing at 604 East Olmos Drive, San Antonio, Texas 78212 party of the second part, WITNESSETH, that the party of the firstpart, 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, Grafffors' 50%_�pn ex s in ALL that certain plot, piece or parcel of land, with the buildings an improvements thereon erected, situate, lying.andbeing inthe Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on thg southerly side of Peconic Bay Blvd. distant 210.32 feet Easterly as measured along the southerly side of Peconic Bay Blvd. -from the corner formed by the intersection of the Southerly side of Peconic Bay Blvd. with the easterly side of Laurel Lane; THENCE North 55° 56' East along the southerly side of Peconic Bay Blvd., 52..58 feet; THENCE South 18° 57'10" East, 445.10 feet to Peconic Bay; THENCE South 540 12' 10" West, along Peconic Bay 53.40 feet; THENCE North 18° 52' 00" West, 446.86 feet to the southerly side of Peconic Bay Blvd., at the point or place of BEGINNING. SUBJECT TO all instruments of record. BEING AND INT same premises conveyed to Grantors by Will o Aniia'..McNult `of Laurel, NY, who died July 28, 19 and whose will is fi �r-- uffolk County Strrocgste Court under File # 1635 P 1981. 'f'OGETIIER with all right, title and interest, if any, of the party of the first part in and to any strects and roads abutting the above described premises to the center lines thereof; TOGETHER'with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns.of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. • ANIS the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of -the first pert will receive the consideration for this conveyance nttd will holt( the right to receive' Stich consid. eration as a trust fund to be applied first fbr 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 ,%vont "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; RECORDED .E8 ' 7 1996 HELEN McNULTY MILDRED McNULTY 1k. Y& r __.._..................�______ ED.NA McNULTY EOWARD N. 110Mh,II4E OLSRKOF SUFFOLK COUNTY SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE c - Type of Instrument: POWER OF ATTORNEY/DOP Recorded: 06/24/2002 Number of Pages: 3 At: 02:43:03 PM LIBER: D00012193 PAGE: 429 District: Section: Block: Lot: 0000 000.0o-. 00.00 000.000 :EXAMINED -.AND CHARGED: AS- ;FOLLOW S. - Received the Following Fees For Above. -Instrument, Exempt Exempt Page/Filing $9:00 NO Handling: $5:00 -NO' COE $5:00- NO Cert: Copies $4.:.00 NO RPT $0:00 NO SCTM $0':.00; NO Fees Paid $23:UO THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk; Suffolk -'County rte• o..a....., n,,.,1 i 1110 p of use New York ueneral 0b1igatibna ,rtt.Ar:. EDNA McNULTY; residin at 50 Main Road Thatl g act', Laurel, NY (insert name and address of the principal) do hereby appoint: my nephew, JOHN R. McNULTY, residing at peconic Bay Blvd., Laurel, NY (If 1 person is to be appointed agent, insert the name and address of the agent above) (f 2 or more persons are to be appointed agents which each agent to be able to act ALONE without requiring the consenkpfarty other agent appointed in order to act, insert the name and address above of each agent SEPARATELY appointed and BE SURE tO insetl the word "OR" between EACH designation of an agent to show that EACH agent has COMPLETE power to act alone). (If 2 or more persons are to be appointed agents to act TOGET)'1ER and requiring the jOINT consent of ALL appointed agents to act with no one agent to be able to act alone, insert the names and gddresses above of all agents JOINTLY appointed and BE SUItf3 TO insert.the worm "AND" Letween i�BRYdettgrtattois of each agent to indicate that ALL agents listed are required to;aci iogellier and WkW,can dcf,alone MY. ATTORNEY($) -IN -FACT TO ACT (If.. ritdre'than `One: ageNt'is' desigNated and4h4 prti4 I ial4dhes each agesi alone to be able td exercise theower conferred, insert in this blank the word "SEPARATELY'). p (If more than one agent is designated and the principal wants all of the designated agents together !o exercise the Power conferred, insert in this blank the word "JOINTLY' j. (The failure to make any insertion in this blank will require the agents to act ¢iffier separately or jointly, in accordance with the principal's use ofthe word "OR" or the other word "AND" between every respective designation ofsuch agents above. Ifthe principal's wishes cannot be determined because he or she fails to insert the word "OR" "AND"; "SEPARATELY'; or'JOINTLY" as he or she is asked to do above, the principal will be deemed to require the agents designated above to act jointly). IN MY NAME, PLACE AND STEAD in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in Title 15 of Article 5 of the New York General Obligations Law to the extent that I am permitted by law to act through an agent: Initial in the opposite box any one or more of the subdivisions as to which the principal WANTS to give the agent authority. P O gh (rj)- of below with O CE• The riuci al.miust write his or her hiltiels in the corresponding blank s sic¢, of a b auWeoct to elf the b1eWc e a - P � : �� p ivislone A thrtitf - 6'selo�tot+wi►IcN'tha'� rirtci'sil't1VAlVTSao`giv�tb��gent(s) rkY�. p ce within a Boit for any pat�ticulai sabdivisiun Is Not iijdalkdo,446 AUTHORITY WILL BE GRANNTIED for matters that are included In the subdivision) (A) real estate transactions; ................. (t) personal relatiorislupss and affairs; (B) chattel and goods transactions; • • ......... [��.,� . ] . (j) beriefits*ommilitary service;: (C) bond, share and commodity transactions; :.: [:161") ] ` (K) recoils, report$ and stateiriettts;:.:.:: V. (D) banking transactions; ..........:...... . : �.z �, j (L) full attd unquaMed authority to (E) business operating transactions;........... [oh ] MY attorneY(*in-fact to delegate (F) insurance transactions : ..:............ 6. a W" ] any or all of the foregoing powers (G) estate trarisactiotis : .................... [ ] to any perm or persons whom my (I) claims and litigation; .................... [� M ] att6rtley *iii -fact shaft select; ...... [ el k, (M) all other matters;.:. • ...:......... (N) If the blank space in the box to the right is initialed by the prlic, jl this 06*4k of iittoruey shall not [1h, be affected by the subsequent disability or Incornpetibee of the priticiptih (0) the authority to make gifts,!including gifts to the attorney-in=fact......... (Special provisions and limitations may be included in P'10 itdtutory short fortis power of wtorney only if they conform to the requirements ofsection 5-15d3 of the New fork i;enerwlObllgtrtlofrs Lan ) s fa induce any third t o ac! hereunder, I her agree that any third party receiving a duly executed copy or e of this instrument may act hereunder, and thin revocationot such revocnation hereof ation or termsinau on ineffective � have been facsimile such third party unless and until actual notice or knowledge received by such third party, and I for myself and for my heirs, executors, legal representatives and assigns, hereby and all claims that agree to indemnify and hold harmless any such third party from ll a againstan ovisions Of this Instrument- against nstrume t. y arise against such third party by reason of such third party having In Winess Whereof, I have hereunto signed my name and affixed my seal on (Seal) (Signature of Principal) EDNA MCNULTY S YORK, COUNTY OF S., STATE OF NEW before me personally Came on December 8, 195 STATE OF NEW YRK. COUNTY OF Suffolk. SS.: !� before mepersMatty came on Edna McNulty tc� r•e vn+ n tee be the indi%i&LW desm �in' an µbO C'Cecwed ed thetthe faegeriag inst:vtpent, and adT -'+ ged to me ►m*�n to be the k.TM" de_t'tMd ■►. -d wko 0-001ed 010 foro@oiaa i,,b1°',A• and adcnowledgod dud he exeadod the sam� _ Philip J. Cardinale Notary Public, SM>>a of t Pio. 52-4725103 - SuffO1V1 Coua ty Cfatrtaai ioc? Evpitas ,duty 31, 180 AFFIDAVIT THAT POWER OF ATTORNEY IS IN FULL FORCE (Sign before a notary public) STATE OF COUNTY OF SS.: beingduly sworn, deposes and Bays: I . The Principal within did; in writing, appoint me as the Principal's true and lawful ATTORNEY(S)4N-FACT in the within Power of Attorney. of tin or termination of the Power of 2. 1 have no actual knowledge or actual notice reva same a Iofiirther represent that the Principal isnalive,e}has tnot revoked�sor or knowledge of any facts indicating h repudiated the Power of Attorney and the Power of Attontey still is in full force and effect. 3. T make this affidavit for the purpose of inducing to accept delivery of the following Instrument(s), as,exec�„trAd bynm the execution and del ve O of t1Eie Instruments) k_ ry . . `iii&iii'hying good an Sworn to before me on 19 General Power of Attorney Statutory Short Form I Title No. EDNA McNULTY TO JOHN McNIILTY RETURN BY MAIL TO: rDigtributed By: NM.� V - BPIESS CAGO TITLE INSURANCE COMPANY ATTORNEYS AT LAIN ®ld'Countiry Road W3 EAST MAIN STREET . � .. 4.0 6 . P.U. Boal 757 i Agreement made this day of December, 2005 between EDNA V. McNULTY of 50 Main Road, Laurel, New York and JOHN C. DILLER and HOLLY DILLER, his wife, of 162 Charleston Park, Nashville, Tennessee. WHEREAS the parties hereto are adjoining owners of certain premises at Laurel, New York; and parcels: N WHEREAS the parties wish to make a boundary line alteration with respect to said NOW TFIEREFORE, it is hereby agreed: 1. An application will be made to the appropriate Southold Town authorities for permission to make a boundary line adjustment of the existing boundary line as shown on the survey of Young & Young dated September 7, 2005.. 2. if such line adjustment is approved by the Southold Town authorities, John C. Diller and Holly Diller will convey to EDNA V. McNULTY the parcel described as follows: BEGINNING at a point on the division line between land of John C. Diller and Holly Diller, his wife, and land of Edna V. McNulty, which point is situate the following two (2) courses and distances from the intersection of the southerly line of Peconic Bay Boulevard with the westerly line of Laurel Lane (1) North 55 degrees 56 minutes 00 seconds East 210.32 feet and (2) South 18 degrees 294.49 feet and from said point of beginning running thence North 71.degrees 05 minutes 30 seconds East 10.00 feet; thence South 18 degrees 54 minutes 30 seconds East 78.46 feet; thence South 71 degrees 05 minutes 30 seconds West 10.0 feet; thence North 18 degrees 54 minutes 30 seconds West 78.46 feet to the point or place of beginning: RESERVING to John C. Diller and Holly Diller, his wife, a right of way or easement of ingress and egress to and from the beach on foot over the easterly 5 feet of said parcel which right of way is described as follows: Beginning at a point which is situate North 71 degrees 05 minutes 50 seconds East 5 feet from the aforesaid point of beginning and running thence North 71 degrees 05 minutes 50 seconds East 5.0 feet; thence South 18 degrees 54 minutes 30 seconds East 78.46 feet; thence South7l degrees 05 minutes 30 seconds West 5.00 feet; thence North 18 degrees 54 minutes 30 seconds West 78.46 feet to the point of beginning. 4, The costs of the survey and other incidental expenses relating to this lot line alteration will not be borne by John C.Diller and Holly Diller, his wife.. 5. The parties will execute any and all documents necessary to accomplish the line alteration and the recording of the necessary documents and agree that the above may be accomplished by a boundary line agreement or by deed.. IN WITNESS WHEREOF the parties have executed this agreement the day and year first above written. Holly Diller I% Edna V. McNtdty by Olin R. McNulty, her attorney-in-fact 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I _ PROJECT INFORMATION (To be completed by Applicant or Proiect Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Edna McNulty McNulty Lot Line 3. PROJECT LOCATION: Municipality Southold. County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map),. -T, �Z -0' t' 260 Peconic Bay Boulevard, Laurel, New York 11944 rte. 5. PROPOSED ACTION IS: r 7 2006 �,MF f , New Expansion X❑ Modification/alteration J 6. DESCRIBE PROJECT BRIEFLY: Change lot line to create property side yard set back goutho i{ '0"' 7. AMOUNT OF LAND AFFECTED::, Initially 784.6 sq.ftacres Ultimately 786.6 sq.ft. acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? © Yes No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Residential ❑ Industrial Commercial Agriculture 1:1 Park/Forest/Open Space El Other Describe: On'e family residential parcel 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes © No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ® No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ® No I CERTIFY THAT THE INFORMATIONyP--RQVM7E IS TRUE TO THE BEST OF MY KNOWLEDGE 7AVE Applicant/sponsor name: E&ia MeNultv Date: June 1, 2006 Signature: If the action is in the CoasK"" Area, and you are a state agency, complete the Coastal Assessment rm before proceeding with this assessment OVER .jg PART II - IMPACT ASSESSMENT (T completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRuonOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FU LL EAF. Yes ® No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. El Yes ® No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: f None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? E]Yes ® No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? E]Yes ® No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ElCheck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FU EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinate Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) ...�.,,.. hfi,.y;. Town Of Southold ell Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 06/23/06 Receipt#: 1109 Transaction(s): Reference Subtotal 1 1 Application Fees 145-2-1. $500.00 Check#: 1109 Total Paid: $500.00 i f JUN 2 3 2006 1 Southold Town f Planning Board ? Name: Mcnulty, Edna P O Box 73 50 Main Rd Laurel, NY 11948 Clerk ID: LINDAC Internal ID: 145-2-1.4 & 5 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND so�ryo� C�UNV PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: June 22, 2006 Re: Check(s) MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # McNulty, Edna Re -Sub. 145-2-1.4 & 1.5 $500.00 1109 Appl. Fee n IX4�`Plit IUI���I��IYs_1R.1f{RFkIII a- 111111TWIN MW 11 W.. W o. C - CHIMNEY RO - ROC" OVER 5 ■ 5TOOP Ce - CELLAR eNTRNNGe .4� 5 NE - f N�\°O0'3 /\0 .0 OL, \% A�O'As r'ppO � be Leased Lucy Kozero 4,205 s.f. )ET :AGEMENT 'ROPERTY LINE PROPOSED EASEMENT PROPOSED ' PROPERTY LINE 300?k \0.00% Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect Douglas E. Adams, Professional EAgineer SITE DATA • EDNA MG NULTY AREA PRIOR TO ALTERATION AREA AFTER ALTERATION • JOHN C. DILLER d HOLLY M. DILLER AREA PRIOR TO ALTERATION AREA AFTER ALTERATION = 22,151 50. FT. = 22,0136 50. FT. = 20,8'1'1 So. FT. = 20,0015 50. FT. SUR1/EYOR'S CERTIFICATION • WE HEREBY CERTIFY TO E D NA M C N U LTY THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND SURVEY5 ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. INSET SCALE: I°=20'lCO /tet!?: 4r� --, HOWARD W. YOUNG, N.Y.S. L.S. NO. 458013 i y LAt�J`'. REPUTED OINNER5 EDNA Ma NULTY P.O. BOX ?5 LAUREL, NEW YORK 114148 JOHN 0. DILLER 4 HOLLY M. DILLER P.O. BOX 341 260 PECONIC BAY BOULEVARD LAUREL, NEW YORK 114148 MAP PREPARED FOR rDNA MO NULTY At Loure I, Town of Southold Suffolk County, New York 1000 145 02 1.4 County Tax Map orot.ict 1000 section 145 Block 02 Lot 1.5 BOUNDARY LINE ALTERATION MAP MAP PREPARED SEPT. 7, 2005 JOB No. 2005-03141 DWG. 2005_03101_boundary_a It MMR 8« 8 Igg X115 I*] N1q F- WRR i5 �Q< U 0 A SAW HIP oil 402 - oil -wig