Loading...
HomeMy WebLinkAbout4077 S ~"/.PST 57- (.~,PE~~I~o,~'T 9 / /-/3 / is~ TOWN OF SOUT~HOLD, NEW YORK ax -A APPEAL FROM DECISION OF BUILDING INSPECR&C E I V E D APPEAL NO, Sbp,y ~Arl 11 qol JAN 0 0., RQ;j DATE ..../.1...L91......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. THOMAS Southm e v n Clerk 1,'le ..................M.. .......1ONSE , L of .....5.2a zs.X.. Name of Appellant Street and Number Greenport New York APPEAL TO HEREBY Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Novetber APPLICATION FOR PERMIT NO DATED 4, 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO THOMAS MONSELL Name of Applicant for permit of 525 First Street Greenport.. New York P Street and Number Municipality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY (X) Sub-divide property because of.insufficient total area on lots 2 and 3 and insufficient width on Lot 3. 1. LOCATION OF THE PROPERTY M....a..n...s..e.....ll L.....an..e.., C..u..t...c..h...o..g..ue Street /Hamlet / Use District on Zoning Map District 1000 Section 138 Block 01 Lot 2.1-9.1-13.1-14 THOMAS MONSELL ...............Current Owner /vlap No. Lot No. Prior Owner THOMAS MONSELL 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IV Section 100.43 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that sub-division application previously filed and pending with Planning Board will not be approved because roadway footage for lots 2 and 3 has been included in total area and each lot has 40,000 sq. ft. and lot lot 3 does not have sufficient width (145 foot vs. 150 foot). Form zBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the total acerage of the 3 lots, and upon which applicant is taxed is 3.10 acres (1.03; 1.07 and 1) but placement of wetland markers by Planning Board consultant has resulted in insufficient total area because road- way footage has been included to achieve 40,000 sq ft. per lot. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the shortage of total area re- quirements has resulted not from available property which exceeds the required square footage but rather from placement of wetlands markers set by Planning Board consultant. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because each lot would have the required 40,000 sq. foot `meeting current code requirements and will in fact be larger than original lots which merged which were significantly smaller (see Map of Norwold, 1/25/39). Property in adjoining sections and blocks are equivalent or smaller in size. 117 STATE OF NEW YORK ss COUNTY OF SUFFOLK ) TH011vI4S MON SELLSig nature Swor to this 2 day of............... Novemb..............e..r 1991 Notary P lic MArip ONGION1. NOTARY PUBLIC, State of New York. No. V,. 4755191 aeclified ir. nKirgs County J} commissio. E~pira.'/ , 197 d°- ~CCAA < APPEALS BOARD MEMBERS SCOTT L. HARRIS c~ Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. s „ SS v Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 23, 1992 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4073 - MR. AND MRS. EDWARD M. CUMMINGS. Variance to the Zoning ORdiriance, Article III, Section 100-33, for permission to relocate existing garage to another location in the front yard area. Location of Property: 4775 Paradise Point Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-24.5. (2) 7:40 p.m. Appl. No. 4079 - GEORGE STORM. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for of approval/fence areas which will be in excess of the four-foot height limitation. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-3-3.5, also Page 2 - Legal NotI Hearings for January 23, 1992 Southold Town Board of Appeals known as part of Lots 128 and 127 on the Amended Map of Nassau Point. (3) 7:45 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance to the Zoning ordinance, Article IX, Sections 100-91A.and Section 100-92, Bulk, Area and Parking Schedules, for permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. Appl. No. 4077 - THOMAS MONSELL. Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Bulk and Area Schedule, for approval of the size of each proposed Lots 3=, #1, #2 and #3, at 40,000 sq. ft. each, exclusive of wetland r% meadow areas and inclusive of proposed right-of-way easement areas as shown on the pending Minor Subdivision Map prepared by Roderick VanTuyl, P.C., L.S. (lastly dated July 29, 1991), under also consideration at this time by the Southold Town Planning Board. {Note: This application is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.} Location of Pdge 3 - Legal Notice Hearings for January 23, 1992 Southold Town Board of Appeals Property: Southerly end of Monsell Lane, Cutchogue, NY; Countyx Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, containing a 1 total area as exists of 3.0 acres. 7:55 p.m. (5) /Appl. No. 4047 - ETHEL H. BETZ. (Continued from Decem- ber 16, 1991 as requested by adjacent property owner). Variance to the Zoning ordinance, Article III, Section 100-30A and Section 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, as conveyed by deeds in 1951 and 1956. Location of Property: Northeast side of calves Neck Road, Southold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: January 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: L.I. Traveler-Watchman, Inc. Fax Transmission Times-Review, Inc. For Publication 1/16/92 Copies have been forwarded 1/13/92 to the following: Mr. Edward M. Cumming, Box 1900, Southold, NY 11971 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ....lV`` 19 9.~.. . Toth . N. I b?U7723»7a e f , , . y... 7W....... PLEASE TAKE NOTIICE~, that your application dated ..4.~ , 199 A.. for permit to K-.. ~ D 3~2 . . . at Location of Property ......M Q,e 44...CV''?? . . House No. Street Hamlet County Tax Map No. 1000 Section Block .....9. Lot Subdivision... M A-Ak~ 4. Filed Map No. 4--?A Lot No. .~.•~.7. .r! ~~y e 5roun . . . . . . .d 3 I r ^ o is returned herewith and disapproved on the followin d `?.a?~~.?~ .fir. ~.s. ,~~.u~.:~A': lr,~nJ2 .Qa.?-w: ~ . ..3_.1?~. 3.? ~ 3 '42 51~. f-_~. a . J _ Building Inspector RV 1/80 y ° °0 0 0 m T 0 CL cr Y) T- 0 o n n m o m D o zt- Z\ m m O CL w N 3 m Q p, \ A A r Z cn n' N A ~ ~ ~ ~ lU Syr m r \ ~t` x - o v ~t o a p ,Q m ? - Q r m m O Q m z C3 o V 4 ds co 0 s r p co T T pp C7 r O O m D D Z r m m Z Z p ~ 141 W o ~y-I ~ „ l73 A e r t~ ° r O l H 4 ~ y -I S O] N -a -i ~ . ;u o 2 o _ m n O N s 3o a to , 7O, : ~ o a a m m° Z D tiS ; U > 5 z CL w N 3 m y S. ~ cn p ~ Y C- ~ N 5 cc i m Y y r o ~ o~ r Q Z O Q cn Z co ;u CA o a 3 fl O7 m !b O CD m i W D 0 ~ Ln D D ~ Z F~ p m m la, Z Z fl D z N T o G°a 0 rt o (y~ -I S W cn -I I ° s a Q q O ((n O Z o o m m m m W fJ $ ° a a w t' 3 m 4 _ p N 1 0 -P v m v' Z yDi I ~ ~ j .p ~ 4 r c n C-~ -;7, .00 !ati c Z S f O O D I cn N ° m G7 A m O n m rn 0 P CO _ V ° o tr. n m 3 r N ~r- O Z ( ` V D G) G) ~ p. m 0 n Z Z C Q O~y -n m ~ e. l J. a 0i --i -n o o Y m m OT O o EL a S ° `2 D Q Z Z o w m + A, z a `D > ° 0. W ~I 0 x o m O o T P mt on L . >v o ^I A D ( O ' p m Z O I m r m m .c T r- Q m -n -n o n s m O C v O O z i Z b e O m m1 m nhil G) fl, Z Z N w C ~i s i y q Q4 o iN 1s o T I o a m -i o G) s O , r~ ~ q cl- < s . _ r . 4 " F v G7 m v 'v m m m >y - -1 0 I i O O O O x •xt O W O N S :r 3 7 3 W N m m m n: d .t V, - N~~~f t Cpl o m -n x o o ( (n n 'o 'F • m C Q ~ m a r ml O O I i t O = m O I (D O rt O O - p N CL rt 5 S p O O ~ 1 ~ I R 1 rt CL m CV ~ APPEALS BOARD MEMBERS ~o~~gUFFO~,~ ~O Gy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. CA x P.O. Box 1179 James Dinizio, Jr. O .fie Southold, New York 11971 Robert A. Villa 'y4j O` Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD For Informational and Status Purposes: Re: ZBA Ref. 4077 (1994) - Parcel 1000-138-1-9.1 (Monsell) Our records show that the above parcel owned by Thomas O. Monsell is not a buildable lot as it exists with a size of 120+- ft. x 124+- ft. as shown on the County Tax Map for the following reasons: 1. In reviewing the history of ownership of the property, this tract of land has not been legally separated from the adjoining parcels, due to common ownership with adjoining parcels to the south. Therefore it is not "single and separate" under zoning as a separate buildable parcel as it presently exists. 2. No approvals have been found to grant relief or subdivision approval under the zoning requirements on the existing nonconforming size. The present size does not meet the requirements of zoning for dwelling purposes. 8/95 ZBA: lk c' C== W C4 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD March 17, 1992 FRMARM Marie Ongioni 17 Qw i 218 Front Street Greenport, New York 11944 RE: Proposed Minor Subdivision Thomas Monsell SCTM# 1000-138-1-2.1,9.1 & 1000-138-1-13.1 &14 Dear Ms. Ongioni: The following resolution was adopted by the Southold Town Planning Board at a meeting held on March 16, 1992: WHEREAS the Planning Board has reviewed the Environmental Assessment Form and the reports received in response to the lead agency coordination; and WHEREAS additional information has been requested to assist the Planning Board in their review of the significance of this action; BE IT THEREFORE RESOLVED that the Southold Town Planning request the information as listed in the March 2, 1992 report from Charles J. Voorhis and the February 6, 1992 report from the Zoning Board of Appeals. In regard to Number 7 of the report from Mr. Voorhis, the Board will be requiring that final maps contain a valid stamp of Health Department approval. Upon submission of the above mentioned information, the Board will proceed with the SEQR review. Please contact this office if you have any questions regarding the above. lenne~t?mrlowski, J'14~ Chairman Encl. cc: Gerard P. Goehringer, chairman, Zoning Board of Appeals L-~~ CRAMER, VC$RHH1. 8 SOCIATES ENVIRONMENTAL ` G CONSULTANTS March 2, 1992 Mr. Bennett Orlowski, Jr. Chairman Southold Planning Board _ P.O. Box 1179 Town Hall, 53095 Main Road KSMITH S outhold, NY 11971 Re: Thomas Monsell SCTM# 1000-138-1-2.1, 9.1, 13.1 & 14 Dear Benny: :NGIBOOAWRI)N As per the your request, we have completed a preliminary review of the above referenced project in accordance with our correspondence of October 11, 1990. Tasks and completed activities are identified as follows: 1. Review Part I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. 2. Prepare Part II LEAF The Part II LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. 3. Advise as Necessary The parcel has been inspected and environmental references concerning the site and area have been consulted. Overall, this parcel is moderately sensitive due to the presence of wetlands associated with Mud Creek on the east side of the proposed lots. The environmental attributes of the site are further discussed as follows: The site contains three soil types including: tidal marsh (Tm) in the are of wetlands; Plymouth loamy sand (8-15% slopes) on the east side of the site adjacent wetlands; and, Haven loam (2-6% slopes) on the west side of the site. The tidal marsh soils are constrained and will be avoided under the proposed subdivision. The Plymouth loamy sand (8-15% slopes) is primarily in the area within 75' of the wetlands, and development must be properly designed and controlled in order to avoid disturbance of erodible soils in these slope areas which could cause impact to adjacent wetlands. The Haven loam is in the less steep portions of the site and is not expected to cause significant constraints. The topography of the site decreases from west to east, and there are several undulations with moderate slope. There are no intermittent streams identified on site in the soil survey; however, site features could be described as very subtle swales which decrease in elevation toward the wetlands. The topographic information presented on the survey is from the Suffolk County Topo maps and provides 5' contour intervals with insufficient accuracy to allow for effective review. On site topographic contours in a 2' interval would assist in detennining the existinggrades and location of swales. In addition, a covenanted natural buffer (with the exception of wood Page 1 of 3 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Thomas Monsell Long EAF Review chipped foot trails) of at least 50 feet should be provided between the edge of lot clearing construction and the wetlands. A 75 foot buffer would be preferable and would remove the development from the area of jurisdiction of the Town Trustees. If any activity is contemplated within 75 feet of etlands, a Trustees permit is required. It is also advisable to establish a line of hay bales at the downslope limit o clearing during construction in order to avoid sedimentation to the wetlands buffer area. This can be ensured through building inspector review of site construction. The upland portions of the site are established in dry oak forest habitat with a fairly thick canopy which reduces light penetration and therefore limits understory except along a trazl through the site and on the western site boundary. The uplands offer habitat to small mammals and birds. Expected avian species include: swallow-like birds, tree-clinging birds (woodpeckers, nuthatches, etc.); and, perching birds (warblers, cardinals, sparrows, etc.). None of the species expected in this habitat would be threatened or endangered. The wetlands comprises a small percentage of the east side of the site, and would be considered a High Marsh, dominated by Spartina patens. The edge of wetlands identified on the map should be labeled "edge of wetlands as delineated by the Town Trustees April 28, 1991 " if this is the wetland location determined by the Trustees. Additional shorebirds including long-legged waders, duck- like birds and gull-like birds may have association with the site in this area. The osprey (NYS Threatened Species) may be associated with the surface water areas of the Creek for feeding and roosting purposes; however, to significant contact with the subject site is expected. The site is located in Groundwater Management Zone VI and based upon the Suffolk County Topo maps, the 10' contour bisects the building envelop of Lots 1 and 2. A more accurate topographic map would allow for an evaluation of the impact of siting of sanitary systems. It ms recommended that sanitary systems be located above the 10' contour. The proposed 40,000 square foot lot size is adequate for compliance with Article 6 of the Suffolk County Sanitary Code, in order to reduce potential groundwater contamination. In terms of water supply, the site is in an area not serviced by public water, therefore, private wells must be installed. The area is downgradient of agricultural land, and is identified as a area impacted by Nitrate and Aldicarb contamination in the North Fork Water Supply Plan. Adequate potable water supply must be obtained or treatment provided. In addition, the applicant should demonstrate that wells and sanitary systems can be situated on the site in a manner which provides adequate leaching depth as well as a 150 foot separation between well and sanitary system and the NYSDEC required 100'setback from wetlands for sanitary leaching pools. The proposed project is compatible with surrounding land use and zoning. One issue of note has to do with access to the property. Monsell Road is the only means of accessing the site. Monsell Road is a dirt road within a 25' right-of-way. Consideration should be given to the future of Monsell Road if additional subdivision of land which requires this access is authorized. The road transects the headwaters of Mud Creek by means of an earthen berm at a point just west of Skunk Lane. If Monsell Road is further improved in the future, additional fill and runoff may impact wetlands. The entity responsible for improvement o the road should be determined. If improvement is contemplated at this time or in the future, wetland permits should be CRAMER, VOORHIS & ,ASSOCIATES Page 2 or3 ENVIRONMENTAL'':AND,PLANNJ~G CONSULTANTS V/JO c,M Thomas Monsell Long EAF Review obtained, and the environmental consequences should be determined and minimized. The status of Monsell Road and potential for future improvements of the existing access to the subject parcel should be considered In conclusion, the following recommendations are provided in order to assist the Planning Board in review of this application: 1) On site topographic contours in a 2' interval would assist in determining the existing grades and location of swales. 2) A covenanted natural buffer (with the exception of wood chipped foot trails) of at least 50 feet should be provided between the edge of lot clearing/construction and the wetlands. The covenanted buffer should be reflected on the map. 3) Any activity contemplated within 75 feet of wetlands will require a permit from the Town Trustees. This should be stated on the subdivision map. 4) The subdivision map should state that "a line of hay bales will be established at the downslope limit of clearing during construction of each individual lot 5) The edge of wetlands identified on the map should be labeled "edge of wetlands as delineated by the Town Trustees April 28, 1991" if this is the wetland location determined by the Trustees. 6) It is recommended that sanitary systems be located above the 10' contour. the applicant should demonstrate that wells and sanitary systems can be situated on the site in a manner which provides adequate leaching depth as well as a 150 foot separation between well and sanitary system and the NYSDEC required 100' setback from wetlands for sanitary leaching pools. 7) Adequate potable water supply must be obtained or treatment provided. 8 The status of Monsell Road and potential for future improvements of the existing access to the subject parcel should be considered. I hope this letter provides the board with the information needed to continue review of this project. If a revised map addressing the above recommendations is submitted, we would be pleased to review same at your request. If the above points are addressed to the satisfaction of the Board, I believe that a negative declaration could be issued, utilizing the revisions and points discussed in this review as a basis for the determination. Please do not hesitate to call if you have any questions. Very truly yours, arles J. V orhis, CEP, AICP enc: Part I/II LEAF CRAMER, VOORHIS ASSOCIATES ENVIRONMENTAL AND: P,~!,VG CONSULTANTS Page3 of3 ~'J~hB(rfn L ~ APPEALS BOARD MEMBERS p~0 SCOTT L. IfA&rS Gerard P. Goehringer, Chairman n s Supervisor Charles Grigonis, Jr. ti Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa _ Fax (516) 765-1823 Telephone(516)765-1809Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Southold Town Planning Board (Attn: Melissa Spiro) --FROM: Board of Appeals DATE: February 6, 1992 i`- SUBJECT: Thomas Monsell Minor Subdivision at CutchogutEtt 10"' B )y~ This letter is in response to your coordination letter of February 4, 1992 and to confirm that we have no objection to your assuming lead agency status. At this time, however, we feel it is important to furnish the following as part of the record for your information and consideration in evaluating this project: SOIL: Slopes 8-15 percent. Due to rapid permeability of the soil, a possible pollution hazard exists to Mud Creek from septic system leachate. A sediment and erosion control plan should be developed and approved to address potential soil erosion problems which could occur during development of the site. WETLANDS: There is a moderate limitation of the site for lawns and landscaping due to the sandy surface layer of Plymouth soils. There should be buffer strips established on the steep slopes and parallel to the wetland. Practices should be installed to control any increase of storm water surface runoff due to development. TOPOGRAPHY: The site has short steep slopes along the eastern side adjoining Mud Creek and the wetlands. In addition, there are two natural drainageways across the site which slope from west to east. Consideration should be given by the owner and the lead agency to limit the amount of disturbance which could occur on the site and maintain as much of the existing woodland as possible. • , arc<,:-::: ~~~D~,UFFO(,~ o , z~ G2~ .c PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham. Jr.~~ Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD February 25, 1992 15 v l,,l~i'(~ ~ 2 51992 Marie Ongioni 218 Front Street Greenport, New York 11944 RE: Minor Subdivision Thomas Monsell SCTM#1000-128-1-2.1, 9.1, 13.1 & 14 Dear Ms. Ongioni: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 24, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status on this Type 1 action. Please contact this office if you have any questions regarding the above. Very truly yours, enn ~pw~*" X, yr5 Bennett Jr. Chairman cc: Gerard P. Goehringer, Chairman, Board of Appeals John M. Bredemeyer, III, President, Board of Trustees Southold Town Board Robert DeLuca, SC Dept. of Health Services Roger Evans, NYS-DEC - Stony Brook Thomas Jorling, NYSDEC - Albany APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman ` ac Supervisor Charles Grigonis, Jr. T Town Hall, 53095 Main Road Serge Doyen, Jr. ` P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa a .j . 3 y Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Southold Town Planning Board (Attn: Melissa Spiro) FROM: Board of Appeals DATE: February 6, 1992 SUBJECT: Thomas Monsell Minor Subdivision at Cutchogue This letter is in response to your coordination letter of February 4, 1992 and to confirm that we have no objection to your assuming lead agency status. At this time, however, we feel it is important to furnish the following as part of the record for your information and consideration in evaluating this project: SOIL: Slopes 8-15 percent. Due to rapid permeability of the soil, a possible pollution hazard exists to Mud Creek from septic system leachate. A sediment and erosion control plan should be developed and approved to address potential soil erosion problems which could occur during development of the site. WETLANDS: There is a moderate limitation of the site for lawns and landscaping due to the sandy surface layer of Plymouth soils. There should be buffer strip established on the steep slopes and parallel to the wetland. Practices should be installed to control any increase of storm water surface runoff due to development. TOPOGRAPHY: The site has short steep slopes along the eastern side adjoining Mud Creek and the wetlands. In addition, there are two natural drainageways across the site which slope from west to east. Consideration should be given by the owner and the lead agency to limit the amount of disturbance which could occur on the site and maintain as much of the existing woodland as possible. 1 1 15 A. fF0 ~o~o v c c~a 1 I FEB - 4 IN ' f o ~L NNING BOARD MEMBERS OT y Z SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Dy • ~`F upervisor George Ritchie Latham, Jr. O a~ Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 -dtvar~ 4-~ 19 9 a RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Thowlac monsetI sc~-m$* 1000-138-1-;1.1- 1 a•14 Requested Action: fVltno2 So6drVksioly 3 1e74s on 3 acre SEQRA Classification: ( X) Type I (loccAe& ;N CuA n( ) Unlisted Contact Person: mp-kigsp. 5zl ,2o (516)-765-1938 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. 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). Comments: Please feel free to contact this office for further information. Sincerely, ~s Bennett Orlowski, Jr. Chairman cc: 'Board of Appeals *,Board of Trustees Bu;la; Southold Town Board VSuffolk County Dept. of Health Services 4 NYSDEC - Stony Brook 'I-NYSDEC - Albany 9-G- Dept of Pubile Wer-ifs U c Army fin t i TER 3 gN. GT ept of mr * Maps are enclosed for your review Coordinating agencies ---yX y rya , ,•_o ,,~n~C 7-3~/- 1~ v~/ -0Y 14-16-2 (2187)-7c 617.21 SEAR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 13 Part 1 ? Part 2 ?Part 3 ( Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ? A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ? B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ? C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions THOMAS MONSELL MINOR SUBDIVISION Name of Action SOUTHOLD TOWN PLANNING BOARD 765-1938 Name of Lead Agency Bennett Orlowski Jr Chairman Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer l i Signature of Responsible Officer in Lead Agency '-~ignatureof Preparer(If differe ntfrom responsibleotficer) DPrPIDhp r 9 1990 Date 1 PART 1-PROJECT INFO&TION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effE on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additior information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION THOMAS MQN.-,F.T,T MINOR SIJBT)TVTqIQN LOCATION OF ACTION (lnelUde street Address, Municipality and County) , 9.1, . , Monsell Lane Cutcho ue, N. Y. Suffolk Co. lots 1-6 & 49-54 in Map of NorwzLd filed NAME OF APPLICANT/SPONSOR as #ILID BUSINESS TELEPHONE Thomas Monsell ( ) ADDRESS First Street CITYIPO STATE ZIP CODE Green port, N.Y. 11944 NAME OF OWNER (If different) BUSINESS TELEPHONE ADDRESS ( ) CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Subdivide parcel into three 40,000 sq. foot lots. L Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ?Urban ?Industrial ?Commercial ?Residential (suburban) i_)Rural (non-fan DtForest ?Agriculture ?Other 2. Total acreage of project area: 3 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 3 acres Q. 3 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) • OQ _ acres 0_ acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres - acres Roads, buildings and other paved surfaces _0_ acres •7~ acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? TDAC i'1.9r Al Ay9!!!2=7 C04OWNy_& ,Q a. Soil drainage: ?Well drained .90 % of site ?Moderately well drained if Q 45 of site ?Poorly drained % of site b. If any agricultural (and is involved, how many acres of soil are classified within soil group I through 4 of the NY Land Classification System? _ 0 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ?Yes NNo ` a. What is depth to bedrock? 1000+ (in feet) 2 5. Approximate percentage of pr rq , pmjer t ',itc with atones: ?o-10".0 ?1o 1590 _ % ?IS ' or grc'.Tter 6. Is'project substantially contiguous to, or contain a building, site, or district, listed on the Stale or the National Registers of Historic Places? Dyes NNo C Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes ?No 8. What is the depth of the water table? 4+ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ?Yes L)9No 10. Do hurting, fishing or shell fishing opportunities presently exist in the project area? IMYes ?No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ?Yes EXNo According to P•R.ANDERSON, ENVIRONMENTAL CONSULTANT Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ]Yes ?No Describe Wetlands 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes L1XNo If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes INNo 15. Streams within or contiguous to project area: Mud Creek to Cutchoque Harbor a. Narne of Stream and name of River to which it is tributary Mud Creek to Cutchoque Harbor 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name --Meadow- unnamed b. Size (In acres) •09 ac 17. Is the site served by existing public utilities? Dyes hNO a) If Yes, does sufficient capacity exist to allow connection? ?Yes ?No NA b) If Yes, will improvements be necessary to allow connection? ?Yes ?No NA 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ?Yes X3No 19. Is the site located in or suhstantially contiguous to a Critical Environmental Area designated pursuant to Arti~~1, 11 of the ECL, and 6 NYCRR 617? )Yes ONo Tidal Wetlands 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes IgNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 2 acres. b. Project acreage to be developed: 3 acres initially; 3 acres ultimately. e. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: NA (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed NA f. Number of off-street parking spaces existing 0 ; proposed 8 g. Maximum vehicular trips generated per hour R (upon completion of project)? h. If residential: Numher and type of housing units: One Family Two Family Multiple Family Condominium Initially 3 C Ultimately 4 i. Dimensions (in feet) of largest proposed structure '30 height; 1 5O width; 100 t length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 42_0ft. 3 C 2. How much natural material 0 rock, earth, etc.) will be removed from site? _ 0 tons/cubic yards, 3. Will disturbed areas be reclaimed? MYes ?No ?N/A a. If yes, for what intendce' purpose is the site being reclaimed? $Cenl c yards b. Will topsoil be stockpiled for reclamation? MYes ONo c. Will upper subsoil be stockpiled for reclamation? (]Yes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes ?No 6. If single phase project: Anticipated period of construction 10 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated NA (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No 8. Will blasting occur during construction? ?Yes PNo - 9. Number of jobs generated: during construction 30 after project is complete 5 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ?Yes (XNo If yes, explain 12. Is surface liquid waste disposal involved? ?Yes WNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? gYes ?No Type Sewage - Household 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes X]NO Explain 15. Is project or any portion of project located in a 100 year flood plain? Myes ?No 16. Will the project generate solid waste? );7Yes ?No a. If yes, what is the amount per month 1 tons b. If yes, will an existing solid waste facility be used? ?Yes ?No Landfi 11 c. If yes, give name Town Landfill ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes PiIIIO e. If Yes, explain 17. Will the project involve the disposal of solid waste? X]Yes ?No a. If yes, what is the anticipated rate of disposal? 1 tons/month, b. If yes, what is the anticipated site life? 900+ years. 18. Will project use herbicides or pesticides? ?Yes INNo 19. Will project routinely produce odors (more than one hour per day)? Dyes KiNo 20. Will project produce operating noise exceeding the Inca) ambient noise levels? ?Yes WNo 21. Will project result in an increase in energy use? KIYes ?No If yes, indicate type(s) Flectric heat-oil or gas 22. If water supply is from wells, indicate pumping capacity 30 gallonslminute. 23. Total anticipated water usage per day 900 gallons/day. 24. Does project involve Local, State or Federal funding? OYes hNO If Yes, explain 4 25. Approvals Required: • ` ` Submittal ~71re Date City, Town, Village Board ?Yes MNo City, Town, Village Planning Board NYes EINo Subdivision Approval Concurrent City, Town Zoning Board ?Yes ®No City, County Health Department IXYes ?No Other Local Agencies ?Yes I~No Other Regional Agencies ?Yes L~No State Agencies QOYes ONo N Y S r)FC ? Federal Agencies ?Yes 1XINo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? MYes ONo If Yes, indicate decision required: ?zoning amcndnw,it ?zoning variance ?special use permit Usubdivision Osite plan Onew/revision of master plan ?resource management plan Oother 2. What is the zoning classification(s)of the site? R-40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 3 1-acre lots 4. What is the proposed zoning of the site? R-40 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 3 1-acre lots C 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? EXYes ?No 7. What are the predominant land use(s) and zoning classifications within a Y. mile radius of proposed action? RPSidential 8. Is the proposed action compatible with adjoining/surrounding land uses within a mile? ?Yes ?No 9. If the proposed action is the subdivision of land, how many lots are proposed? 3 a. What is the minimum lot size proposed? 40,000 sq.ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes J0No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 1.lYes ?No a. If yes, is existing capacity sufficient to handle projected demand? gYes ?No 12. Will the proposed action msult in the generation of traffic significantly above present levels? ?Yes VNo a. If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Philip Anderson, Pres. Anderson Env. Inc Date 1-17-1991 Signature' _ Title Environmental Consultant-Planner If file action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 fi.A 2~OJECT IMPACTS AND THEIRIWGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Flave my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They (lo not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 'I. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to the project site? Impact Impact Project Change OONO DYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ? ? ?Yes ?No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ? ? ?Yes ?No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ? ? ?Yes ?No • Construction on land where bedrock is exposed or generally within ? ? ?Yes ?No 3 feet of existing ground surface. • Construction that will continue.for more than 1 year or involve more ? 1.7 ?Yes ?No than one phase or stage. • Excavation for mining purposes that would remove ntote than l,ooo IJ ? ?Yes ?No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ? ? ?1'es ?No • Construction in a designated floodway. U L] ?Yes ?No • Other impacts ? ? ?Yes ?No 2. Will there be an effect t:....sy ur;.que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)L)(NO DYES • Specific land forms: Tidal Wetlands ? ? ?Yes ?No 6 { Ali 1 2 3 IMPACT ON WATER Small to Potential Can Impact Be Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) QgNO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ?No • Dredging more than 100 cubic yards of material from channel of a ? ? ?Yes ?No protected stream. • Extension of utility distribution facilities through a protected water body. ? ? ?Yes ?No • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 4. Will proposed action affect any non-protected existing or new body of water? ®NO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ? ? ?Yes ?No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 5. Will Proposed Action affect surface or groundwater quality or quantity? DNO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ? ? ?Yes ?No • Proposed Action requires use of a source of water that does not ? ? ?Yes ?No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ? ? ?Yes ?No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ? ? ?Yes ?No supply system. • Proposed Action will adversely affect groundwater. ? ? ?Yes ?No • Liquid effluent will be conveyed off the site to facilities which presently ? ? ?Yes ?No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ? ? ?Yes ?No day. • Proposed Action will likely cause siltation or other discharge into an ? ? ?Yes ?No existing body of water to the exte it that there will be an obvious visual contrast to naturai conditions. • Proposed Action will require the storage of petroleum or chemical ? ? ?Yes ?No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ? ? •Dyes ?No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ? ?Yes ?No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ? ? ?Yes ?No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ENO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ? ? ?Yes ?No 7 2 3 Small to Potential Can Impact 'Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. ? ? ?Yes ?No • Proposed Action will allow development in a designated floodway. ? ? ?Yes ?No • Other impacts: ? ?Yes ?No ? IMPACT ON AIR ? ?Yes ?No 7. Will proposed action affect air quality? Examples that would apply to column 2 ENO ?YES • Proposed Action will induce 1,000 or more vehicle trips in any given hour. ? ? ?Yes ?No • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. ? ? ?Yes ?No • Emission rate of total contaminants will exceed 5 lbs. per hour or a . heat source producing more than 10 million BTU's per hour. ? ? ?Yes ?No • Proposed action will allow an increase in the amount of land committed to industrial use. ? ? ?Yes ?No • Proposed action will allow an increase in the density of industrial development within existing industrial areas. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS d. Will Proposed Action affect any threatened or endangered species? PNO ?YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. ? ? ?Yes ?No ' Removal of any portion of a critical or significant wildlife habitat. ' Application of pesticide or herbicide more than twice a year, other ? ? ?Yes ?No than for agricultural purposes. ??Yes ?No ' Other impacts: ? ? ?Yes ?No ~ Will Proposed Action substantially affect non-threatened or k non-endangered species? ENO ?YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. ? ? ?Yes ?No Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important ? ? ?Yes ?No k vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 ®NO ?YES I_ The proposed action would sever, cross or limit access to agricultural :and (includes cropland, hayfields, pasture, vineyard, orchard, etc.) ? ? ?Yes ?No 8 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By rt Impact Impact Project Change ~l • Construction activity would excavate or compact the soil profile of ? ? ?Yes ?No agricultural land. • The proposed action would irreversibly convert more than 10 acres ? ? ?Yes ?No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action_would disrupt or prevent installation of agricultural ? ? ?Yes ?No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ? ? ?Yes ?No IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ®NO OYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ? ? ?Yes ?No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? ?Yes ONo aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ? ? ?Yes ?No screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ?No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? [ENO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ? ? ?Yes ?No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ? ? ?Yes ?No project site. • Proposed Action will occur in an area designated as sensitive for ? ? ?Yes ?No archaeological sites on the NYS Site Inventory. • Other impacts: ? ? ?Yes ?No IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 IXNO DYES The permanent foreclosure of a future recreational opportunity. ? ? ?Yes ?No • A major reduction of an open space important to the community. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 9 IMPACT ON TASPORTATION 2 3 14. Will there be an effect to existing transportation systems? Small to Potential Can Impact Be Moderate Large Mitigated By Examples that would apply to column 2 QNO DYES Impact Impact Project Change • Alteration of present patterns of movement of people and/or goods. ? • Proposed Action will result in major traffic problems. ? ?Yes ?No • Other impacts: ? ? ?Yes ?No ? ? ?Yes ?No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply to column 2 C)dN0 DYES • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. ? ? ?Yes ?No • Proposed Action will require the creation or extension of an energy ? transmission or supply system to serve more than 50 single or two family ED ?Yes ?No residences or to serve a major commercial or industrial use. • Other impacts: i ? ? ?Yes ?No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? Examples that would apply to column 2 ENO DYES • Blasting within 1,500 feet of a hospital, school or other sensitive facility. ? ? ?Yes ?No • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ? ? ?Yes ?No ambient noise levels for noise outside of structures. ? ? ?Yes ?No • Proposed Action will remove natural barriers that would act as a noise screen. ? ? ?Yes ?No ' Other impacts: ? ? ?Yes ?No IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? Examples that would apply to column 27N0 DYES Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of ? ? ?Yes ?No accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any ? tir form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, ? ?Yes ?No infectious, etc.) i Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. ED ? ?Yes ?No Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous L? ? ?Yes ?NO waste. Olltrr impacts: `I ? ? ?Yes ?No 10 • ~ 1 IMPACT ON GROWTH AND CHARACTER 2 3 OF Small to Potential Can Impact Be I COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change (ENO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?Yes ?No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ? ? ?Yes ONo will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ? ? ?Yes ?No • Proposed action will cause a change in the density of land use. ? ? ?Yes ?No • Proposed Action will replace or eliminate existing facilities, structures ? ? ?Yes ?No or areas of historic importance to the community. • Development will create a demand for additional community services ? ? ?Yes ?No (e.g. schools, police and fire, etc.) j • Proposed Action will set an important precedent for future projects. ? ? ?Yes ?No i • Proposed Action will create or eliminate employment. ? ? ?Yes ?No i • Other impacts: ? ? ?Yes ?No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ?NO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be'potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider- • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 14.14-(( (.a 7)-9< 617.21 • SEAR Appendix B State Environmental Quality Review Visual EAE Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-'/a 1/4-1/2 1/2.3 3.5 5+ • A parcel of land which is dedicated to and available ? ? ? ? ? " to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ? ? ? ? ? observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ? ? ? ? ? Registers of Historic Places? • State Parks? ? ? ? ? ? • The State Forest Preserve? ? ? ? ? ? • National Wildlife Refuges and state game refuges? ? ? ? ? ? • National Natural Landmarks and other outstanding ? ? ? ? ? natural features? • National Park Service lands? ? ? ? ? ? • Rivers designated as National or State Wild, Scenic ? ? ? ? ? or Recreational? • Any transportation corridor of high exposure, such ? ? ? ? ? as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ? ? ? ? ? or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ? ? ? ? ? scenic? • Municipal park, or designated open space? ? ? ? ? ? • County road? ? ? ? ? ? • State? ? ? ? ? ? • Local road? ? ? ? ? r. ? 2. Is the visibility of the project seasonal? (i.e., screeried by summer foliage, but visible during other seasons) ?Yes ?No I 3. Are any of the resources checked in question I used by the public during the time of year during which the project will be visible? ?Yes ?No 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within "/4 mile • 1 mile Essentially undeveloped ? ? Forested ? ? Agricultural ? ? Suburban residential ? ? Industrial ? ? Commercial ? ? Urban ? ? River, Lake, Pond ? ? Cliffs, Overlooks ? ? Designated Open Space ? ? Flat ? ? Hilly ? ? Mountainous ? ? Other ? ? NOTE: add attachments as needed 5. Are there visually similar projects within: '1/2 mile ?Yes ?No •1 miles ?Yes ?No 42 miles ?Yes ?No 43 miles ?Yes ?No Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ? ? ? ? Involved in recreational activities ? ? ? ? Routine travel by residents ? ? • ? At a residence ? ? ? ? At worksite ? ? ? ? Other ? ? ? ? I 2 r jrF.7 ; APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. y - Serge Doyen, Jr. Town Hall, 53095 Main Road James Dmizio, Jr. P.O. Box 1179 Southold, New York 11971 Robert A. Villa Fax 6 765-1823 r Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD February 6, 1992 Marie Ongioni, Esq. 21a Front Street P.O. Box 562 Greenport, NY 11944 Re: Appl. No. 4077 - Thomas Monsell Dear Mrs. Ongioni: Transmitted herewith for your perusal and information is a copy of the recent evaluation report prepared by the Suffolk County Soil and Water Conservation District requested by our office. This report has, of course, been made a permanent part of your file. Yours very truly, esk ('J "li indaKowalsk Enclosure COUNTY OF SUFFOLK a 0**~ A 01 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER STANLEY A. PAUZER CONSERVATION DISTRICT DISTRICT MANAGER n Fe bruary 5, 1992 Mr. Gerard P. Goehringer, Chairman 1 FPFS~ Town of Southold Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: As per your request for our evaluation and comments regarding the proposed subdivision - Thomas Monsell, Appeal #4077, please be advised that a site inspection was conducted on January 29, 1992. During the site inspection a few features of the property were noted which may limit the development of the site. These features are soils, slope and topography. Soil on the majority of the property are Plymouth loamy sand with slopes ranging from 8-15 percent. This soil has few or no limitations regarding homesites or sewage disposal fields. However, due to the rapid permeability of the soil, a possible pollution hazard exists to Mud Creek from the septic system leachate. There is a moderate limitation of the site for lawns and landscaping due to the sandy surface layer of Plymouth soils. In regard to topography, the site has short steep slopes along the eastern side adjoining Mud Creek and the wetlands. In addition, there are two natural drainageways across the site which slope from west to east. The drainageways are currently stable and there was no evidence of their conveying storm water surface runoff observed. Development of the site could have limited negative impacts on water quality of Mud Creek. These impacts could occur both during development and after. Proper landuse and precautionary measures could minimize most potential negative impacts to Mud Creek. Consideration should be given to limit the amount of disturbance which could occur on the site and maintain as much of the existing woodland as possible. A buffer strip should be established on the steep slopes and paralle to the wetland. Practices should be installed to control any increase of storm water surface runoff due to development. In addition, a sediment and erosion control plan should be developed and approved to address potential soil erosion problems which could occur during development of the site. Assistance is available from this office for review of such plans upon request from the landowner. Niverhead County Center Room E-10 Itiverhead, New York 11901 - 3398 MR. GERARD P. GOEHRINGER, CHAIRMAN (2) TOWN OF SOUTHOLD BOARD OF APPEALS - February 5, 1992 Thomas Monsell, Appeal #4077 Alleviating possible pollution hazards into Mud Creek from septic system leachate, can only be reduced by locating the septic system as far away from the creek as possible. I hope this information will be useful to you and the Board. If you require additional information do not hesitate to contact this office. Sincerely, //~Rc~6a~`7C,4 Thomas J. McMahon Senior District Technician • • 5 MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT 15161 477-2048 1 ; 1 FAX (3181 477-8919 1 \ t1J~\1 February 31 1_ Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: Subdivision - Thomas Monsell SCTM #1000-138-1-2.1.9.1. 13.1 & 14 Dear Mr. Orlowski and Members of the Board: It is my understanding that the Planning Board has some questions with regard to the configuration of the proposed subdivision. Please be advised as follows: 1. Monsell Lane as it has been reconfigured (turning westward at the end of Lot #10 in the Norwold Subdivision), is part of this subdivision. 2. The original subdivider, George P. Hummel, filed covenants and restrictions with regard to the Norwold subdivision, a copy of which is enclosed. The C&R's did not retain ownership of Monsell Lane but merely the "right" to make improvements. The road therefore is owned to the mid-point by the land owners on either side which in this case means that Mr. Monsell owns the entire road. According to RPL Sec. 335, such an owner may abandon the roadway and it is our intention to file a certificate of abandonment as part of this subdivision process. A title company has reviewed this matter since receipt of your memo of January 22nd to the Zoning Board of Appeals and has set forth its position in the letter attached hereto. They have found no recorded rights of way over Monsell Lane by any of the original Norwold subdivision owners nor by any other owners. Since the road proceeded to a dead end at the lots now included in this subdivision, and owned by Mr. Monsell, the only portion being abandoned is that portion which would have previously been required by Mr. Monsell to access the most southerly lot. There is no impact on owners at the northerly end of Monsell Lane. I hope the above answers your questions regarding this matter. Please do not hesitate to call me if there is any further data you require. Very truly yours, MARIE ONGIONI MO/jb enc. Vlcc: Zoning Board of Appeals February 3, 1992 Marie Ongioni,Esq. Re: Title No. S-1062116-SS 218 Front Street Thomas Monsell - Norwold Map P.O. Box 562 Greenport, New York 11944 ATTN: Carmela L. Borrelli, Esq. Dear Carmela: Our investigation of the records of the Clerk of Suffolk discloses that the developer of Map of Norwold, George F. Hummell conveyed premises subject to the following covenants and restrictions as set forth in Liber 2114 Cp 263. These covenants and restrictions are general covenants and restrictions covering the Map of Norwold and are the same as those for other deeds from the developer. In the covenants and restrictions and deeds George H. Hummell did not reserve the fee to the streets. He reserved only the right to make improvements and maintain any streets, etc. as shown on the filed map. Fee title to the streets passed from George F. Hummell to the grantee's set forth on the record. The half street interest to Monsell Lane lies with the present owners of abutting said road as shown on the filed map of "Norwold", filed March 13, 1939 as map number 1275. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to the period covered above and in no event is the liability to exceed the sum of One Thousand ($1,000.00) Dollars. Very truly yours, ~ Dou as St aib Vice President DS:map Enclosure L, Li FEB ~i Q tr vt PLANNING BOARD MEMBERS SCOTT L HARRIS p w upervisor Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr.~" Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 4, 1992 Marie Ongioni 218 Front Street Greenport, New York 11944 RE: Minor Subdivision of Thomas Monsell SCTM#1000-138-1-2.1, 9.1 138-1-13.1 & 14 Dear Ms. Ongioni: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 3, 1992. Be it RESOLVED that the Southold Town Planning Board, start the lead agency coordination process on this Type 1 action. The action has been classified as a Type 1 action as it is located next to a Critical Environmental Area. The Planning Board has received a cost estimate of $400.00 from their Environmental Consultant for review of Long Environmental Assessment Forms. The above mentioned sum must be paid in full by your client before we can authorize our consultant to proceed with the review. The check should be made payable to the Town of Southold. When the consultants complete their review, the Planning Board will consider their findings in making a determination of whether the project will have a significant environmental impact. page 2 Thomas Monsell Please contact this office if you have any questions regarding the above. Very truly yours, ~5' Bennett Orlowski, 3r. /MS Chairman cc: Zoning Board of Appeals f' • • APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman c y` Supervisor Charles Grigonis, Jr. .r Town Hall, 53095 Main Road Serge Doyen, Jr. O t,; z P.O. Box 1179 James t A J Robert A. Villa Southold, New York 11971 ! = Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Bennett Orlowski, Jr., Planning Board Chairman FROM: Jerry Goehringer, ZBA Chairman g~~ DATE: January 23, 1992 O SUBJECT: PB Memorandum - Thomas Mansell Minor Subdivision 1000-138-1-2.1, 9.1 & 1000-138-1-13.1 and 14 With referene to the above hearing (advertised for tonight's ZBA hearing), we would like to let you know that upon receiving your memorandum today (in which you have indicated that the Planning Board has questions to ask of the applicant/owner in the above pending minor subdivision), we contacted Marie Ongioni, as attorney/agent, since she was planning to attend the ZBA hearing tonight and did not, as yet, receive a copy of the above PB's memorandum. Mrs. Ongioni has requested a postponement of the ZBA hearing since additional time is now needed to return to the Planning Board and obtain the necessary documentation to answer questions on the Monsell Lane issues. We are asking that you provide us with documentation concerning the easements at the end of Monsell Lane, the issue of whether an abandonment is proposed by applicant, and any other relevant communications for our file update and permanent recordkeeping (when received from the applicant). Thank you for your assistance. y( , ~~gUFFO(~-~O ono Gym , PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman r, Supervisor George Ritchie Latham, Jr. y O~ Richard G. Ward 41 ~a Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM D TO: Gerard P. Goehringer, Chairman 7jM 3 W Zoning Board of Appeals FROM: Bennett Orlowski, Jr., Chairman ~1 d RE: Appeal No. 4077 Thomas Monsell S/s Monsell Lane, Cutchogue SCTM# 1000-138-1-2.1,9.1 & 1000-138-1-13.1 &14 DATE: January 22, 1992 This is in response to your memorandum of coordination which was received on January 13, 1992. We understand that this appeal is scheduled to be heard on January 23, 1992. After reviewing the file and your request for comments, the Planning Board would appreciate it if the hearing was held open pending the conclusion of the Planning Board's coordinated environmental review. Our comments will follow pursuant to completion of the environmental review, which is slated to begin at our next meeting on February 3, 1992. We are asking for this because we have several concerns about this property. First, this proposal is a Type I action due to its location next to a Critical Envirionmental Area as designated by the Town Trustees. Second, there are outstanding questions about the elimination and reconfiguration of Monsell Lane which need to be resolved before proceeding further. If there are any questions about this matter, please do not hesitate to contact me. cc: Marie Ongioni, Esq. i/ 3/j d, 44 7x .Qr 2 (~1(~C D~ ct a ~4 eJ All Art/ Z~ le&xe APPEALS BOARD MEMBERS %,a F0j f SCOTT L. HARRIS a 9` Supervisor Gerard P. Goehringer, Chairman c Charles Grigonis, Jr. y x Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OFSOUTHOLD January 17, 1992 Suffolk County Soil & Water Conservation County Center Riverhead, NY 11901 ATTN: Stanley A. Pauzer Re: Subdivision of Property-Monsell Lane Our File -Thomas Monsell, Appeal # 4077 Dear Mr. Pauzer: We have received an application on Thomas Monsell for approval of lot area reductions to two of the three property lots in the above pending minor subdivision. The property is located at the southerly end of Monsell Lane (which extends off the west side and Skunk Lane or Bay Avenue) in Cutchogue. Enclosed is a copy of the proposed subdivision map and the Suffolk County Tax Map for your reference. May we ask your valuation and com- ments on this property. The Board expects to make a determination within the next three weeks and would appreciate any information you may have concerning this pro- perty. Thank you for your time and assistance. Ver truly yours, LK:lam Linda Kowalski Encs. r v \'ll cccyyy LAW OFFICES OF MARIE ONGIONI ` l,~ 218 FRONT STREET P.O. BOX 562 r --a GREENPORT, NEW YORK 11944,`. ILE MARIE ONGIONI E (516) 477-2048 CARMELA L. BORRELLI IAN I-1 516) 477-8919 January 14, 1992 Ms. Linda Kowalski Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Thomas Monsell Application Dear Linda, This will confirm our telephone conversation on Tuesday, January 14th wherein I confirmed that Marie authorized you, on behalf of her client, to change the application previously submitted. The request is for a variance from Article IIIA, Section 100-30A.3 (R-40) rather than Article IV, Section 100-43 (HD) as noted on the application. This will also confirm your advise to me that the public notices were scheduling the application for a hearing on January 23rd. I wish to thank you for your assistance and cooperation. Very truly yours, CARMELA L. BORRELLI `off D oV : G o Jig Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYFN, JR. James Dinizio, Jr. Robert A. Villa TO: Planning Board FROM: Board of Appeals DATE: January 6, 1992 SUBJECT: Subdivision Coordination - Thomas Monsell Our File # 4077 Our office has received the above-noted application which is or will be pending before the Planning Board. A request is made at this time under the Subdivision regulations in order that you may be provided with notice to respond within the next sixty (60) days as required by Chapter A106, Sections 106-22 and 106-30. Please communicate those areas which you feel may significantly affect those site plan elements applicable in the new project. Your comments, of course, may be noted by you as "Preliminary" at this early time. Should additional information be necessary, please feel free to stop by our office to review the file or make copies as you deem will be necessary for this preliminary review. Thank you Attachment MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 15161 477-2048 FAX 15161 477-8919 December 23, 1991 Ms. Linda Kowalski Zoning Board of Appeals Town Hall Main. Road Southold, New York 11971 Re: Thomas Monsell - Variance Application Dear Linda, In accord with your request enclosed herewith please find original ZBA questionnaire which Marie has signed in behalf of her client, Thomas Monsell. Also enclosed are copies of the deeds which pertain to the parcels encompassed by the area now being subdivided. If there is anything further you require, please do not hesitate to call. In the interim, may I wish you a healthy and happy holiday season. Very truly yours, MARIE ONGIONI By:aL Carmela L. Borrelli Law Clerk I ' f2 tm2 On„. Encs. L5 LS~fyy i ~ wo1C VanTuyl, P.C., L.S. (lastly dated • July 29, 1991), under also consideration at this time by the Southold Town Planning Board. (Note: This application is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.) Location of Property: Southerly end of Monsell Lane, Cutchogue, NY; County Tax Map If' i Parcel No. 1000-138-1-2.1, 9.1,i NOI'LUE OF HEARINGS 13.1, 14, containing a total area as v VI` NOTICE IS HEREBY GIVEN, For- exists of 3.0 acres. 1 r!1suant to Section 267 of the Town (5) 7:55 p.m. Appl. No. 4047 - YORK] I V Law and the Code of the Town of ETHEL H. BETZ. (Continued from SS; Southold, the following matters December 16, 1991 as requested by IFOLIC) will be held for public hearings be- adjacent property owner). Variance fore the SOUTIOLD TOWN BOARD to the Zoning Ordinance, Article s OF APPEALS at the Southold Town III, Section 100-30A and Section t Hall, 53095 Main Road, Southold, 100-31A.3, Bulk Schedule, for ap- of Mattituck, In New York 11971, on THURSDAY, proval of insufficient lot area and eing duly sworn, says that he/she Is Principal JANUARY 23, 1992 commencing width of two parcels, as conveyed at the times specified below: by deeds in 1951 and 1956. Loca- SUFFOLK TIMES, a Weekly Newspaper, (1) 7:35 p.m. Appl. No. 4073 - - tion of Property: Northeast side of attituek, in the Town of Southold, Courtly of MR. AND MRS. EDWARD M. Calves Neck Road, Southold, NY; CUMMINGS. Variance to the Zan- County Tax Map Parcel No. 1000- to of New York, and that the Notice of which ing Ordinance, Article III, Section 63-7-34 and 35. printed 100-33, for permission to relocate The Board of Appeals will at said a copy, has been regularly published In existing garage to another location time and place hear any and all per- per once each week for i weeks in the front yard area. Location of sons or representatives desiring to y Property: 4775 Paradise Point, be heard in the above matters. Writ- commencing on the /b day of Road, Southold, NY; County Tax ten comments may also be submit- t9~ Map Parcel No. 1000-81-1-243. ted prior to the conclusion of the (2) 7:40 p.m. Appl. No. 4079 - subject hearing. Each hearing will GEORGE STORM. Variance to the not start before the times desig- Zoning Ordinance, Article XXIH, nated above. For more information, Section 100-230C(l) for approval please call 765-1809 or visit our of fence areas which will be in ex- office. cess of the four-foot height limits- Dated: January 13, 1992. tion. Location of Property: 105 BY ORDER OF TIM SOUTHOLD Principal Clerk Bridge Lane, Cutchogue, NY; TOWN BOARD OF APPEALS County Tax Map Parcel No. 1000- GERARD P. GOEHRINGER 118-3-3.5, also known as pan of CHAIRMAN Lou 128 and 127 on the Amended By Linda Kowalski Map of Nassau Point. 7268-1T116 a me this /~7 1317:41 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance to day of -)4A.J 19 ~-Z the Zoning Ordinance, Article IX, Sections 100-91A and Section 100- GCC/,~ ICE A. BURGON 92, Bulk, Arcs and Parking Sched- Notary public, Stetu cd New York ules, for permission to establish/ QuahfiN i67511k '.:ounry business sales office in addition ^ O fission in S ufi Oct 27. a existing uses as an owner-occupied two-family dwelling with man- ager's quarters. The lot area appli- cable to each use in this Hamlet- Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129± sq. ft. Location of Property: 795 Pike Street, Matti- tuck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m..Appl. No. 4077 - THOMAS MONSELL. Variances to the Loning Ordinance, Aniclc IIIA, Section 100-30A.3, Bulk and Area Schedule, for approval of the size of cacti proposed Lots Mlt, 12 and^ H3, at 40,000 sq. t. each, exclusive of wetland meadow areas and inclusive of proposed right-of- way easement areas as shown on the' pending Minor Subdivision ap prepared by Roderick COUNTY 01 SUFFOLK STATI` 01: NEW YORK ss: tY~ ) NOTICE OF HEARINGS ances to the Zoning Ordinance, NOTICE IS HEREBY ArticlelIlA, Section 100-30A.3, GIVEN, Bulk and Area Schedule, for ap- pursuant to Section proval of the size of each pro- Patricia Woocl,' being duly sworn, says that she is the 267 of the Town Law and the posed Lots Nl #2 and b3 at r_ditor, of THE LONG ISLAND TRAVELER-WATCHMAN Code efollowing matters mat w tiersters will be will be 40,000 sq. ft. each, exclusive of the following i wetland meadow areas and t I public newspaper printed at $OUIhOI(I, in Suffolk County; held for public hearings before inclusive of proposed right-of- and that the notice of which the annexed is a printed copy, the SOUTHOLD TOWN way easement areas as shown on has been published in said Long Island Traveler•Walchnvnt BOARD OF APPEALS at the the pending Minor Subdivision Southold Town Hall, 53095 Map prepared by Roderick Van- once t•ath week for' weeks Main Road, Southold, New 1hyl, P.C., L.S. (lastly dated July I York 11971, on THURSDAY, 29, 1991), under consideration at this time 11 JANUARY 23, 1992, corn- this time by Board. the Planning Soouuth:tolld d T Town wn I, successively, commencing on the , . , , , , , , mencing at the times specified below: - plication is not for 280-A access day Of J4zluary . , 2 (1) 7:35 p.m. Appl. No. 4073 approval under New York Town ' ' ' ' ' ' 19 -MR. AND MRS EDWARD Law since the Southold Tbwn M. CUMMINGS. Variance.to Planning Board will have the Zoning Ordinaneq Article ' ' ' ' ' ' jurisdiction over the proposed Ill, Section 100-33, for permis- I rights-of-way under its subdivi- sion to relocate existing garage I sion reviews.) Location of Pro- to another location in the front I perty: Southerly end of Monsell yard area. Location of Property: Lane, Cutchogue, NY; County ` 4775 Paradise Point Road, Tax Map Parcel No. j Swam in bclm'c nu ibis day of Southold, NY; Count 'Pex Ma Parcel No. 1000-81-1-24.5. tatmn - g a total area as exists of 19 i (5) _ 55 1 pun. 9App1 3NQ l a- January 92 (2) 7:40 p.m. Appl. No. 4079 9 3 ' GEORGE STORM. Variance to the Zoning Ordinance, Arti- EfHEL H BETZ. (Continued cle XXIII, Section 100-230C(1) from December 16, 1991, as te- for approval of fence areas which will be in excess of the ~ the it. om>a) vaiance four-foot height limitation. 11 Zonal Article Location of Property: 105 Seale Ili, Section 1Bulk Sand Section 100-31A.3, Bulk che- Notary Public Bridge Lane, Cutchogue, NY; dule, for approval of insufficient County Tax Map Parcel No. QARBARL A. S7te of Now York lot area and width of two par- 1000-118-3-3.5, also known as NOTARY PUDo. 4 Slate of New York eels, as conveyed by deeds in part of Lots 128 and 127 on the No. 480G846 1951 and 1956. Location of Pro- Q AmendedMapofNassauPoint. perty. Northeast side of Calves milliCtl Suffolk Co my (3) 7:45 p.m. Appl. No. 4075 Neck Road, Southold, NY; Commission Expires 83r~ -MICHAEL HERBERT. Vari- County Tax Map Parcel No. - ance to the Zoning Ordinance, 1000-63-7-34 and 35. Article IX,. Sections 100-91A The Board of Appeals will at and Section 100.92, Bulk, Area said time and place hear any and and Parking Schedules, for per- all persons or representatives de- mission to establish business siring to be heard in the above sales office in addition to exist- matters. Written comments may ing uses as an owner-occupied also be submitted prior to the two-family dwelling with mana- conclusion of the subject hear- ger's quarters. The lot area ap- ing. Each hearing will not start plicable to each use in this Ham- before the times designated let-Business Zone District is above. For more information, 20,000 per unit/use. The lot as please call 765-1809 or visit our exists is nonconforming for the office. existing principal uses.having a Dated: 7~mary-F3,-1442 total lot area of 20,129± sq. ft. By ORDER OF Location of Property:.795 Pike THE Street, Mattituck, NY; County I RD) LD TOWN BOAARD OF OF APPEALS Tax Map Parcel No. GERARD P. GOEHRINGER 1000-140-2-23. CHAIRMAN (4) 7:50 p.m. Appl. No. 4077 By Linda Kowalski 1 X, 1/16/92 (21) APPEALS BOARD MEMBERS Jti?(,'~ y SCOTT L. HARRIS Gerard P. Goehringer, Chairman J~ oGP . Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa ~Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 " Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure APPEALS BOARD MEMBERS D~OS~FFO(,f-c0 • SCOTT L. HARRIS Gyp Gerard P. Goehringer, Chairman Supervisor o Charles Grigonis, Jr. CA m Doyen, Jr. "p • Town Hall, B53095 ox Main Road Serge James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD January 23, 1992 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4077 Project/Applicants: Thomas Monsell County Tax Map No. 1000- 138-1-2.1; 9.1; 13.1; 14 Location of Project: Southerly end of Monsell Lane, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Approval of the size of each propsed Lots # 1, #2, #3, at 40,000 sq.ft. each This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. iFOQ' APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman C Supervisor Charles Grigonis, Jr. ti x w " Town Hall, 53095 Main Road Serge Doyen, Jr. 7 James Dinizio, Jr. P.O. Box 1179 Robert A. Villa- Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD January 23, 1992 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4077 Project/Applicants: Thomas Monsell County Tax Map No. 1000- 138-1-2.1; 9.1; 13.1; 14 Location of Project: Southerly end of Monsell Lane, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Approval of the size of each propsed Lots # 1, #2, #3, at 40,000 sq.ft. each This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901, Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. r it D S~EFOlkcO~ y JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK p T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS N Southold, New York 11971 MARRIAGE OFFICER yO Fax (516) 765-1823 Telephone (516) 765-1801 T OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: January 6, 1992 RE: Zoning Appeal Application No. 4077 - THOMAS MONSELL Transmitted herewith is Zoning Appeal Application No. 4077 - THOMAS MONSELL together with a letter from Marie Ongioni dated December 10, 1991, another letter from Marie Ongioni dated December 23, 1991, the Notice of Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment form, the Zoning Board of Appeals Questionnaire, a copy of the deeds, and a copy of the Survey Map. Judith T. Terry Town Clerk TOWN CLERK 42156 TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11071 Date- 18 -C~. REC IVED OF ~~~J-_ -ti~aL Oo ld G, o a od For ,1-, , / J ith T. Terry, Town C1 rk Cash ? Cheek LyC/ y' Ry MARIE ONGIONI ATTORNEY AT LAW 216 FRONT STREET, GREENPORT, NEW YORK 11944 15161 477-2048 FAX 15161 477-891 9 Decembe ,-'L Ms. Linda Kowalski ~2 ~J U LS_i1 Zoning Board of Appeals Town Hall DEC 10 1991 Main Road (J ti -rn Southold, New York 11971 Re: Application of Thomas Monsell Dear Linda, I enclose the following documents with the application of Thomas Monsell for a variance. 1. Application in triplicate. 2. Notice of Disapproval of Building Inspector. 3. Notice to Adjoining property owners with certified mailing receipts. 4. Short Environmental Assessment form. - A-J y5. ZBA Questionnaire. -6. Four original prints of the survey. 7. Check #594 in the sum of $500.00 payable to the Town of Southold. If the above documents do not meet with your approval, please let me know. Otherwise, I will assume that the application will be on the hearing agenda for January, 1992. As always, thank you for your cooperation. , C- cerely AN'(- E ONG encs. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Ll DATE ...11,(12 (91,,,,..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, C(OVEy ...........TH9M..M.05.U.1, .....................of .....5.25...1 1> s.1 ...S.up-s.L. Name of Appellant Street and Number Greenport New York TO HEREBY APPEAL Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON November APPLICATION FOR PERMIT NO DATED 4 1..99.....1 WHEREBY THE BUILDING INSPECTOR DENIED TO THOMAS MONSELL Name of Applicant for permit of 525 First Street GreenP...art..,. New York . Street and Number Municipality State ( PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Sub-divide property because of insufficient total area on lots _ 2 and 3 and insufficient width on Lot 3. 1. LOCATION OF THE PROPERTY ........Mansell Lane, Cutchogue Street /Haml et / Use District on Zoning Map District 1000 Section 138 Block 01 Lot 2.1-9.1-13.1-14 THOMAS MONSELL ............Current Owner Mop No. Lot No. Prior Owner. THOMAS MONSELL 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IV Section 100.43 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that sub-division application previously filed and pending with Planning Board will not be approved because roadway footage for lots 2 and 3 has been included in total area and each lot has 40,000 sq. ft, and lot lot 3 does not have sufficient width (145 foot. vs. 150 foot). Form ZBI (Continue on other side) REASON FOR APPEAL Continued • 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the total acerage of the 3 lots, and upon which applicant is taxed is 3.10 acres (1.03; 1.07 and 1) but placement of wetland markers by Planning Board consultant has resulted in insufficient total area because road- way footage has been included to achieve 40,000 sq ft. per lot. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the shortage of total area re- quirements has resulted not from available property which exceeds the required square footage but rather from placement of wetlands markers set by Planning Board consultant. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because each lot would have the required 40,000 sq. foot meeting current code requirements and will in fact be larger than original lots which merged which were significantly smaller (see Map of Norwold, 1/25/39). Property in adjoining sections and blocks are equivalent or smaller in size. STATE OF NEW YORK ) y~~ ~yJ~~ ss COUNTY OF SUFFOLK ) 1'1{OMAS 110NSELLSignature Swor to this .................v.L................... day of..... November......................... 1991 No ary lic MAT'IF ONGIONI NOTARY PUBLIC, State of New York Nn. 2d . 4765191 Qua.ifiod in Kings County n Commiuicn E.pire~ a'/ 197 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~ DATE 11.(.12.91........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1,' 94y ...........THOMAS...M.QNS.FiJ..G .....................of 5.2S...I i.s.1 S1 z.F s.t................................ Name of Appellant Street and Number Greenport New York „HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON November 4, 1991 APPLICATION FOR PERMIT NO DATED WHEREBY THE BUILDING INSPECTOR DENIED TO THOMAS MONSELL Name of Applicant for permit of 525 First Street GreenPport,,,, New York Street and Number Municipality State ( PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Sub-divide property because of insufficient total area on lots 2 and 3 and insufficient width on Lot 3. 1. LOCATION OF THE PROPERTY M....a..n...s..e...l..l Lane, . Street /Haml ...et / C..u..t...c..h..U.o.se.g..ue . District.. on... Zoning.... Mop.. District 1000 Section 138 Block 01 Lot 2.1-9.1-13.1-14 THOMAS MONSELL ............Current Owner Map No. Lot N- P r i o r Ow n e r THOMAS MONSELL 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IV Section 100.43 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that sub-division application previously filed and pending with Planning Board will not be approved because roadway footage for lots 2 and 3 has been included in total area and each lot has 40,000 sq. ft. and lot lot 3 does not have sufficient width (145 foot vs. 150 foot). nrm ZB1 (Continue on other side) REASON FOR APPEAL • Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the total acerage of the 3 lots, and upon which applicant is taxed is 3.10 acres (1.03; 1.07 and 1) but placement of wetland markers by Planning Board consultant has resulted in insufficient total area because road- way footage has been included to achieve 40,000 sq ft. per lot. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the shortage of total area re- quirements has resulted not from available property which exceeds the required square footage but rather from placement of wetlands markers set by Planning Board consultant. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because each lot would have the required 40,000 sq. foot meeting current code requirements and will in fact be larger than original lots which merged which were significantly smaller (see Map of Norwold, 1/25/39). Property in adjoining sections and blocks are equivalent or smaller in size. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) THOMAS `4ONSELLSignature Swor to this day of..... ....November 1991 s No ory lic MArIF ONGIONI NOTARY PUBLIC, State of New York No. 24 - 4765191 Ouolifiad in King, County n Commission Eapizz, ~ _ 3/ 1 197 I BOARD OF APPEALS TOWN OF SOUTHOLO In the Matter or the Petition of THOMAS MONSELL NOTICE TO to the Board of Appeals of the Town of SoutholdADJACENT TO: Ms. Mary A. Tangney PROPERTY OWNER 1605 Little Neck Road Cutchogue, N. Y. 11935 YOU ARE IIEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the town of Southold to request a ( anance (Special Exception) (Special Permit) (Otllor) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Monsell Lane, Cutchogue, N. Y. 1000-138-1-2_1, 9_1,_-13.1 and 14 3. That the property which is the subject of such Petition is located in the following Toning district: R40 4. that by such Petition, the undersigned will request the following relief: permission to sub- divide into 3 lots with lots 2 & 3 with insufficient total area aet3-Tot 3 with inarrffiriem- w-idth- 5. That the provisions of the Southold down 7_oning Code applicable to the relief sought by the under- signed ate Article 1V Section 100.43 [ ] Section 280-A, New York Town Law for approval of access over 'right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New Yotk and you may then and there examine the same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must he published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-MatIit tick Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 22, 1991 Petitioner 111II0MAS MONSELL Owners'Names: c/o Marie Ongioni, Esq. Post Office Address 218 Front Street, Box 562 Greenpoit, New York 11944 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of THOMAS MONSELL NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Ms. Doris Bernhard Ms. Lorraine Dunhuber P. 0. Box 8590 Hobe Sound, Florida 33455 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ( artance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Monsell Lane, Cutchogue, N. Y. 1000-138-1-2.1, 9.1, 13.1 and 14 3. That the property which is the subject of such Petition is located in the following zoning district: R40 4. That by such Petition, the undersigned will request the following relief: permission to sub- divide into 3 lots with lots 2 & 3 with insufficient total area an of with insnffirinnt width 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article TV Section 100.43 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may be granted, a public hearing must be field on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 22, 1991 Petitioner THOMAS MONSELL Owners'Names: c/o Marie Ongioni, Esq. Post Office Address Box 562 218 Front Street, Greenport, New York 11944 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of THOMAS MONSELL NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: James Monsell PROPERTY OWNER 509 First Street Greenport, N. Y. 11944 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the town of Southold to request a ( anance (Special Exception) (Special Permit) (other) (circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: - Monsell Lane, Cutchogue, N. Y. 1000-138-1-2.1, 9.1, 13.1 and 14 3. that the propertyOwhich is the subject of such Petition is located in the following roniog district: 4. That by such Petition, the undersigned will request the following telieh permission to sub- divide into 3 lots with lots 2 & 3 with insufficient total area and--lot 3 with insuffirient width 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IV Section 100.43 [ ] Section 280-A, New York Town Law for approval of access over 'right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must he published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 22, 1991 44 Petitioner TllOMAS MONSELL Owners' Nantes: c/o Marie Ongioni, Esq. Post Office Address 218 Front Street, Box 562 Greenport, New York 11944 P 269 285 629 • RECEIPT FOR CERTIFIED MAIL PROOF OF MAILING NO OF NOTJf;E NOT FOR INTERNATIONAL MAIL r'FACH CERTIFIED MAIL R CEIPTS (See Reverse) ADDRESS S Sent to James Monsell °m StreeFld.NoFlr3t Street P7 2-6-9--285 6-77 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) N Se Wary A. Tangney so-eet$rg1015 Little Neck Rd 6 W P.O te an ZIP Code auec ogue, N.Y. Postage P 269 285 628 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Doris Bernhard Streetap po.O. Box 8590 0 u Pq,~ St@to an IP Cod d liODe ounce, Fla. 334 5 Postage 5 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showin to whom and Date De i N in Return R 'elpf ahowin wh Date Tess of Deli ry ;r: TOT q%age and$eF}s. f(" 5I. Postm Arlo[ Date I_ E 0 LL N a r/e n i residing at Lei being duly sworn, deposes and says that on the _l!1_ day of 19 deponent mailed a true copy of the Notice set forth on the re- verse sidif hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current Assessment roll of the Tj~ A Southold; that said Notices were mailed at the United States Post Of- ~G that said Notices were mailed to each of said parsons by (certified Iregistere(l) mail. ` Sworn t ore me this _ 0.u+ _ MARY ANN CYbtJLW day of 19 Ti(1TARY PUBLIC State D'I Nev, Residing to SuttolE Lount~ No 525895900 ~Wt1 Fapues ADnt 3u rs~` Notary Public 5 L (This side does not have to be completed on form transmitted to adjoining property owners.) .14-1 64 (216 7)-Text 12 PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental Quality Review C SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSOR 2. PROJECT NAME THOMAS MONSELL 3. PROJECT LOCATION: Municipality CUTCHOGUE County SUFFOLK e. PRECISE LOCATION (Street address and roatl intersections, prominent landmarks, etc., or provide map) Monsell La1;e, i000-138-1-2,.1, 9.1, 13.1, 14 5. IS PROPOSED ACTION: ® New ? Expansion ? Modification/alteration S. DESCRIBE PROJECT BRIEFLY: Subdivision by combining above lots and realligning boundaries and area to conform to current requirements. 7. AMOUNT OF LAND AFFECTED: Initially 3.10 acres Ultimately 3.10 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 13Y.3 UNO If No, describe briefly Planning Board has advised that road footage is not to be included in total area and placement of wetlands markers has resulted in 2 or 3 lots with insufficient total area. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ID-Residential ? Industrial Commercial ? Agriculture Describe: ? Park/ForestlOpen space ? Other FDOESACTION OLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIM ATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, ? ? No If yes, list agency(s) antl permitiapprovals Department of Health CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? o If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantisponsor name: THOMAS MONSELL Date: 1 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS- (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment ' 1. Will project result in a large physical chance to the project site or physically alter more than 10 acres of land? Yes _NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes __No 3. Will project alter or have a large effect on an existing body of water? _Yes _No 4. Will project have a potentially large, impact on groundwater quality? _Yes No 5. Will project significantly effect drainage flow on adjacent sites? Yes _No 6. Will project affect any threatened or endangered 1-1/ plant or animal species? _Yes - No 7. Will project result in a major adverse effect on air quality? Yes _No S. Will project have a major effect on visual char- acter of the community or scenic views or vistas / known to be important to the community? Yes No ' 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological' importance or any site designated as a critical environmental area by a local agency? -Yes -No 10. Will project have a major effect on existing or future recreational opportunities? Yes _ 'Np 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes _No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes No 13. Will project have any impact on public health 7 or safety? _Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes v period or have a major negative effect on the No character of the community or neighborhood? 15. Is there public controversy concerning the L11 project? _Yes -No Preparer's Siqn ur Representing: 14 lto ZSA V/75 Dace: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ,the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Thomas Monsell B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes {X } No. (,If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change ar alter land contours? { } Yes { X} No D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? Yes 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n.a. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you are submitting? none if none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Vacant land and proposed use Vacant land and residentia Authorized Signatu d Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. [Added 6-"4 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by " No. 6-1995k -1 J- 0 ' •''1' 'Tr -i A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundseL marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 2d-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection 13(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2.25-as 51.Mud N.Y.B. 1-.11 . Form RM-' -Bupin and Sale Deed. xuh ru.aun~. apivt Gramm , *dldduol or Cognu.I "Ingle sheep CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT • THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY r nineteen hundred and eighty-94m THIS INDENTURE, made the Ifs day of t eJa. -94m BETWEEN JAMES I. MONSELL, residing at 509 First Street, Greenport, New York; THOMAS 0. MONSELL, residing at 525 First Street, Greenport, New York; and GEORGE MONSELL, residing at 518 Beach 139th Street, Rockaway, New York 11694 party of the first part, and THOMAS 0. MONSELL, residing at 525 First Street, Greenport, New York 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 hTdw Cutchogue, Town of Southold, County of Suffolk and State of New York, known as Lots 1 to 6 inclusive, on a certain map entitled, "Map of Norwold", and filed in the Office of the Clerk of the County of Suffolk on DISTRICT 3/13/39 as Map No. 1275. BEING AND INTENDED TO BE part of the same premises conveyed to the grantors herein by deeds described in Liber 2194, cp. 36 and Liber 4582, cp 80 recorded SECTION in the Suffolk County Clerk's Office. SUBJECT TO Covenants and Restrictions recorded in Liber 3009, cp. 298. BLOCK SUBJECT TO Right of Way recorded in Liber 1961, cp 575. SUBJECT TO Telephone Agreement recorded in Liber 2058, cp. 463. LOT TOGETHER with all right, title and interest, if any, of the party of the first part in and nl any streets and roads abutting the above described premises to the center lines thereof ; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, incompliance with Section 13 of the Lien Law, covenants that the party of the first pirt will'Nc be'the ednsideration for this conveyance and will hold the right to receive such consid- eration 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 Sallie 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 p has duly executed this deed the clay and .year first ab9yp written. IN PRESENCE OF: AMES I. MONSELL THOMAS 0. MONSELL GEORGE NSELL STATE OF NEW YORK, COUNTY OF SUFFOLK SS: STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the day of y f ter 19 86 , before me On the day of Or-tu"r' 1986 , before me personally came personally came JAMES I. MONSELL THOMAS 0. MONSELL to nu• known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. he executed the same. Notary Public Notary Public CHANTIE HALL= CHRM E HALLOCK Notary No. 483196% 9 ~ iElfo of lk~ CKM ~ ~ Notary PN"C. soft of New York 1483 954 ft=2030947 Coin El Espbw Mr-I 30,19 ConNnlow" EtPkw,14 PFatS STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK COUNTY OF SHPP92K IAIj 19 f;) On the day of 19 before me On the N day of Geogber, 1986, before me personally came personally came GEORGE MONSELL, to me known the subscribing witness to the foregoing instrument, with to be the individual described in and who whom I am personally acquainted, who, being by me duly executed the foregoing instrument, and acknow- sworn, did depose and say that he resides at No. ledged that he execut d the same. that he'knows L 1 Q , to be the individual L described in and who executed the foregoing instrument; Notary Public / that he, said subscribing witness, was present and saw execute the same; and that he, said witness, KATHLEEN A. GORMLEY at the same time subscribed h name as witness thereto. NOTARY PUBLIC, State of New York No. 41-4688735 Qualified in Queens County Commission Expires March 30, 19. Wargain aad #air Mrrd WITH COVENANT AGAINST GRANTORS ACTS SECTION TITLE NO. BLOCK MONSELL LOT COUNTY OR TOWN TO MONSELL Recorded at Request of CHICAGO TITLE INSURANCE COMPANY STANDARD FDNN OF NEW YORK BRAND OF TITLE UNDERWRITERS Return by Mail to Distributed by IRVING L. PRICE, JR., ESQ. CHIC&OO TITLE 828 Front Street lino TIIANCB COMPANY P.O. Box E Greenport, New York 11944 Zip No. W U LL 0 W 0 0 U W K 0q W N K s W U r N f W 7 W N K f Smndard N.V.O.T.D. iorm 8 • -Bargain and Sale Dml. wirh Cmenam, a6aiml Granm,l ln<liidual or Cmpmeriun. (ainRle shoe,) CONSULT YOUR LAWYER BEFORE SHINING, THIS INSTRUMENT • THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the Z day of April, nineteen hundred and eighty-six BETWEEN BERNARD GELMAN, residing at 83-1 116th St., Kew Gardens, NY , party of the first part, and THOMAS 0. MONSELL, residing at 525 First St., Village of Greenport, Town of Southold, NY 11944; 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 ar successors and assigns of the party of the second part forever, all his undivided one-half interest in ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: DISTRICT BEGINNING at the southwest corner of the subdivision "NORWOLD" filed 1000 as Map Number 1275 in the Office of the Clerk of Suffolk County, being the southwest corner of Lot No. 1 thereon; SECTION T3-F.-00 RUNNING THENCE North 89° 14' 30" West 375.00 feet; BLOCK RUNNING THENCE Southeasterly 125.00 feet, more or less; 01.00 RUNNING THENCE South 89° 14' 30" East, 380 feet, more or less; LOT 014.000 RUNNING THENCE North 0° 19' 30" West, 115 feet to the point or place of BEGINNING. BEING the parcel of land shown on said map entitled "Jessie Baldwin to George Monsell", and being one acre, more or less. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the' consideration for this conveyance and will hold the right to receive such consid- eration 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 indentpre 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: _ BE ARD GELMAN ss: FATE Of NEW YORK, COUNTY Of aoebo SSI %TATE Of NEW YORK, COUNTY Of in y III day of April , 19 86 , before me On the day of 19 before me the ersonally came BERNARD GELMAN personally came o lire known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed exthe ecutedforegoing instrument, and acknowledged that he executed the same. l Il hii f, 11lt f,OS _I the same. - IUI,,.~ r'1 I_ f flvtYark , I i STATE Of NEW SSI STATE Of NEW YORK, COUNTY Of SS: ` On the ) ~vYOR. COUNTY Of {I )IL 19 before me On the day of 19 before me ay of 71 personally came personally came , with to me known, who, being by me duly sworn, did depose and hom I subcribing personally a to the tforegoi gbi isttr m me duly say that he resides at No. pworn, did depose and say that he resides at No. that lie is the that he'knows of the corporation described to be the individual in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal ; that it was so that he, said subscribing the witnand chats present nd Hess, affixed by order of the board of directors of said corpora-same; he, said w tion, and that he signed It name thereto by like order. at the same time subscribed h name as witness thereto. I 1 i Bargain nub *air Et A SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK TITLE NO. BERNARD GELMAN LOT COUNTY OR TOWN TO Recorded at Request of THOMAS 0. MONSELL CHICAGO TITLE INSURANCE COMPANY Rnurn by MNII to 51ANOAHO FORM OF NEW YORK NUAHU OF 1111E UNUENWNIILNE Distributed by WICKHAM, WICKHAM & BRESSLER, P.C. CHICAtiiiO'i7'i'LS MAIN ROAD - P.O. BOX 1424 I1V6iJRA 400 COl?ltlp MATTITUCK, NY X11952 W V F Q 7. D K 2 F K 0 W W N K s W O a N N_ T ,4 r ! CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the day of nineteen hundred and eighty-six BETWEEN BERNARD GELMAN, residing at 83-1 116th St., Kew Gardens, Y party of the first part, and THOMAS 0. MONSELL, residing at 525 First St., Village o Greenport, Town of Southold, NY 11944, party of the second part, WITNESSETH, that the party of the first put, 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 sutccessors and assigns of the party of the second part forever, all his undivided one- ~talf iLtr Atecertain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying an.l heing imidw at Cutchogue, Town of Southold, County of Suffolk and State of New York, known as Lot 6 on map entitled, "Map of Norwold", surveyed by Otto Van Tuyl, C.E., which said map was filed in the Suffolk County Clerk's Office, Riverhead, NY on 3/13/39 as Map No. 1275. DISTRICT SECTION BLOCK LOT TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second 'part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be 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: BERNARD GELMAN 3290 Shi e M N.Y.a.t.u. F.,. aom. m...i...e $0. Dd. rah C....# AOM.0 Granter'. A<b-WW& i e, C*11O STATE OF NEW YORK. COUNTY OF QUEENS at STATE OF NEW YORK, COUNTY OF p; On the day of 19 8 6 , before toe on the day of 19 before me personally came BERNARD GELMAN personally cane to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. Notary Public STATE OF NEW YORK, COUNTY OF at STATE OF NEW YORK, COUNTY OF p; On the day of 19 before toe On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with whom say that he resides at No. I am personally acquainted, who, being by the duly sworn, did depose and say that he resides at No. that he is the of ' the corporation described that he knows in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed to said described in and who executed the foregoing instrument; that instrument is such corporate seal; that it was so affixed by order he, said subscribing witness, was present and saw of the board of directors of said corporation, and that he execute the same; and that he, said witness, at the an= signed It name thereto by like order. time subscribed IT name as witness thereto. BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS TITLE No. BLOCK LOT BERNARD GELMAN COUNTY Oft TOWN TO Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY THOMAS 0. MONSELL RETURN BY MAIL TO: STANDARD FORM OF NEW rOax SOARD Or TITLa UNDERWIInatl WICKHAM, WICKHAM & BRESSLER, PC Diwib.kd b, Co Mt- NWE UH LAM Main Road - P.O. Box 1424 ARRan Reliance Mnc Mattituck, NY Zip No. 11952 W V O Y O a O W N Y s W V t N C) m 04W N> IN I mW Y 1001110A PC3~ 0 395113 Standard KY. B.T.V. Form 9002-20M -Ba,gain and Sale Dnd. with Covenant, agaimt Cram.,, Arta-,ndi.idual m Cmpmaiu.. (singly Are) CONSULT YOUR LAWYER BEFORE SIONINO THIS INSTRUMENT -THIS INSTRUMENT SHOULD RR USED BY LAWYERS ONLY THIS INDENTURE, made the 14+I, day of April nineteen hundred and eighty-six 40 NYS TRAN BETWEEN THOMAS 0. MONSELL, residing at 525 First Street, Village 'ER STAMPS o Greenport, Town of Southold, Suffolk County, NY 11944, 40_CONSIDE TION party of the first part, and THOMAS 0. MONSELL, residing at 525 First Street, Village of Greenport, Town of Southold, Suffolk County, NY 11944 and BERNARD GELMAN, residing at 83-10 116th Street, Kew Gardens, NY 1418, _ party of the second part, WITNESSETH, that the party of the first-part, in consideration of ten dollars and other valuable consideration 54 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, r ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, t'•'f lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: DISTRICT BEGINNING at the southwest corner of the subdivision "NORWOLD" filed Mu- as Map Number 1275 in the Office of the Clerk of Suffolk County, being the southwest corner of Lot No. 1 thereon; SECTION =70T RUNNING THENCE North 89° 14' 30" West 375.00 feet; BLOCK RUNNING THENCE Southeasterly 125.00 feet, more or less; oi-. n RUNNING THENCE South 89' 14' 30" East, 380 feet, more or less; LOT 014.00L RUNNING THENCE North 00 19' 30" West, 115 feet to the point or place of BEGINNING. BEING the parcel of land shown on said map entitled "Jessie Baldwin to George Monsell", and being one acre, more or less. BEING AND INTENDED TO BE the same premises conveyed to THOMAS 0. MONSELL by Deed dated 10/12/71 and recorded 10/15/71 in the Suffolk County Clerk's Office in Liber 7030, page 384. BEf WED REAL STATE i 1 (i JUN 10 1988 TRANSFERTAX J SUFFOLK COUNTY fJ TOGETHER with all right, title and interest, if.any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof: TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and tD said premises; TO HAVE AND TO \ HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said, premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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: 41 6. T omas 0. Monse 10054 PC387 STATE Of NEW YORK COUNTY OF SUFFOLK SEI STATE OF NEW YORK. COUNTY OF IS. On the /l& day of April, 19 86, before me On the day of 19 before me personally came THOMAS 0. MONSELL, personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. ~O ELAINE GOGLUCCI Notary Pu c Notary Public, State of New York No. 4791477 Qualified in Suffolk County +I Commission Expires March 30, 1q~-/ STATE OF NNW YORK, COUNTY OF SSI STATE OF NEW TORY. COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the , of that he*knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed IT name thereto by like order. at the same time subscribed IT name as witness thereto. Nargnin and *air Wrd WITII COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. BLOCK LOT THOMAS 0. MONSELL COUNTY OR TOWN TO THOMAS 0. MONSELL and BERNARD GELMAN Recorded at Request of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Retum by Mail to Distributed by WICKHAM, WICKHAM & BRESSLER, P.C. CHICAGO TITLIO XIVO t7AA1KCS COMPANY MAIN ROAD - P.O. BOX 1424 zip No. MATTITUCK, NEW YORK 11952 W u 0 O z O o N o A1Nno')V)I1Oy11~S W 1~ ] h ~I 3 I tlllIsklI'i lll,{~llfle 8 ~~t 11V ~L ~ ~ d~ BG~ N N W W l Standard N'' Y. B.7. U. Form 8001 - 9.70-70M-Bargain and Sale Deed, with Covenant against Grantor's Act,-Individual or Cotporatto, (single sheen CONSULT YOUR LAWYEERRpOEM SIGNING THIS INSTRUMENT-THIS INS ENT SHOULD RE USED BY LAWYERS ONLY. jr SeIt LIBER 7030 PACE 384 a M THIS INDENTURE, made the 11.14 day of October nineteen hundred and seventy-one ~TWEEN GEORGE MONSELL, residing at 2008 E. 52nd Street, Brooklyn, w York, OS 9i &.~1 I party of the first part, and THOMAS O. MONSELL, residing at 525 First Street, Village of Greenport, Town of Southold, County of Suffolk and State of New York, party of the second part, ti WffNESSETH, 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, \,O ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, S lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwest corner of the subdivision "NORWOLD" GO filed as Map Number 1275 in the Office of the Clerk of Suffolk County, being ~ the southwest corner of Lot Noe 1 thereon; thence O CV N. 890 141 30" W. - 375.00 feet; thence Southeasterly 125.00 feet, more or less; thence S. 890 141 30" E., 380 feet, more or less; thence N. 00 191 30" W., 115 feet to the point orplace of beginning. Being the parcel of land shown on said map entitled "Jessie Baldwin to George Monsell11, and being one acre, more or less. RkAL ESTATE STAW011~ TRANSFER TAX '"t.?JEW ARK lazatice Nft171 = 08. 0 i Finante I.S.IBS4s . wi TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the-first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the ratty of the, tebnd part fditwlY. 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. ANl) 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 ctintideratioh for this conveyance and will hold the right to receive such consid- eration 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 YassENCE OF: Geor a Monsell STATE OF NEW YORK, COUNTY OF Kings sst STATE OF NEW YORK, COUNTY OPLIDiR 7030 PACE On the /Ytf~- day of October, 1971 , before me On the day of 19 , before me personally came GEORGE MONSELL, personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and nowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. OT RY PUBLIC /IEyFJf Ab SW= Mtyf~c M • s O AS#* OF 1wiv yOrk "$vey PY6k saw of Naw Ya' Me ale NR.2442CM75 NO. •l~-' 00077C a lised in OW ON* 410ALIfi~ ow" Cowvey e0AINISCIO STATE OF NEW YORK, COUNTY OF slat STATE OF NEW YORK, COUNTY OF sst On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at o. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows , the corporation described to be the individual in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Ilaltgain anD !i?a[c ~ctD SECTION WITH COVENANT AGAINST GRANTOR'S ACTS TITLE No. BLOCK LOT GEORGE MONSELL COUNTY OR TOWN TO THOMAS O. MONSELL Recorded At Request of The Tide Guarantee Company \ RETURN BY MAIL TO: STANDARD /OEM OF NEW YORK ROARS OF lull ONOtRWIUnl$ DLrr ward 6y Irving L. Price, Jr. JTHE TITLE GUARANTEE COMPANY Attorney at Law 238 Main Street Greenport, New York Zip No. 11944 i 7 , t` an so 0 m 40 s JWO cc a WJ r i r t_. = J O to an go ¢P ~ 'e •h r In, i i PP 29 (6169) Standard N.T.R.T.U. P 9662 Russia and a.b Deed, with Ce•aeet against Y Aeb-I.dIIMa,iJ"?PUN, J( A 8L%J CONSULT YOUR LAWYER NAPO IONIN^i THIS INSTRUMENT-THIS INSTRUM HOULD BE USED EY LAWYERS ONLY. THIS INDENTURE, made the I t j! day of October , nineteen hundred and sixty-five BETWEEN JOHN MONSELL, residing at 514 First Street, Village of Greenport, Town of Southold, County of Suffolk and State of New York ®`°"°nt6m i f party of the first part, and THOMAS 0. MONSELL, residing at 47 Orchard Street, = i Lindenhurst, Town of Babylon, County of Suffolk and State of New York, O,R~,ppa® party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heiirs or successors and assigns of the party of the second part forever, situates lying and being b[tltE or pawl of land -ii gueE dEi4 "Oaf 3fe19F near the Villa a of Cuyc ho ue Town o"f o o. , County of Suffolk and State of New York, known as Lot No. 47 on a certain Map entitled "NORWOLD" filed in the Office'of the Clerk of the County of Suffolk on March 139 1939, as Map No. 1275. BEING AND INTENDED to be the same premises conveyed to the party of the first part by Deed from HARRY MONSELL, dated the 18th day of February, 1959 and recorded in the Office of the Clerk of the County of Suffolk on the 20th day of February, 1959 in Liber 4590 of Conveyances page 359. r ~j TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets N! and roads abutting the above described premises to the center lines thereof; TOGETHER with the t rtasaneft attd'fll the'estate" &WI ighh"IbUthe party of the first part in and to said premises; o TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs o~ or successors and assigns of the party ?.f the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered any- thi whereby the said ppremises have been. encumbered in anyway whatever, except as aforesaid. ANz 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 tow O the same for Any other puro's 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 dad the day and year first above written. N. CA OF: JOHN' MONSELL -r ~.r•~ it LIBER 6099 Pact 146 1 STATE OF.,N~EIN YORK, COUNTY%OF Suffolk as STATE OF NEW YORK, COUNTY OF ss: On the day of Oc tober 1965 ,before we On the day of 19 , before me personally came_ 'personally came Join Monsell . to me known to be the individual described in and who to we (mown to he the individual described in and who exeftted the foregoing instrmnent, and acknowledged that executed the foregoing instrument, and acknowledged that r he'' executed the same. executed the same. WILLIAM , PERRELLA NOTARY PUBLIC. STATE OF NEyr,)'ORR Me. 41.30c 5150 Wal Mt G. NNd In Term Expiroa MOlch 10'.19.0 STATE OF NEW YORK, COUNTY OF a r STATE OF NEW YORK, COUNTY OF eat On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by we duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who being b we duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the Individual knows the seal of aid corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument Is such corporate ant; that it was so that he, said Subscribing witness, was present and saw affixed bir order of the board of directors of aid Corpora- execute the same; and that be, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. WMxpht Mkt ! fte Drit 1 IECHON With Covenant Against Grantor's Acts BLOCK Ace. - T.G. Title 11io. 1247063 Tar Suffolk COUNT ORTOTFN Of Southold JOHN MONSELL TO THOMAS 0. MONSELL• Recorded At Regoerl or e & INTER-COUNTY Tills Guaranty and Mortgage Company STANDARD FORM Of IiW YCIX WARD OF MU UsnWWM RETURN BY MAIL TO WASOW by INTER-COUNTY TITLE GUARANTY MaMattrt gt McMaTLm ; and MORTGAGE COMPANY 28fl Main11: Street CMR1t4ED 1927 'NIMi IN NEW YORK: Greeriport, L.I. , N. Y. 21p No. Vt, RFCO a. a ,1a~ R D F U JAN 12 19g) ` s bpi g...~.• @ W NORMAN Ka P park Suffolk i r. sig.. . . 1) r tmdgrd N.Y.B.T.U. corm 8008• ISTOM-Bargain an Bete Deed, Ith Co..... t agnlneotar'a Acts-Indhldnnl or Corpontlon. (single ehn CONSULT YOUR SAWYER @WOR! SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ,-6 .310 IM. 489PAGE149 1811 THIS INDENTURE, made the 30th day of November, nineteen hundred and eighty-three BETWEEN JAMES I. MONSELL, residing at 51)9 First Street, Greenport, New York, THOMAS O. MONSELL, residing at 525 First Street, Greenport, New York, and GEORGE MONSELL, residing at 518'Beach 139th Street, Rockaway Park, New York 11694, as next of kin of AMY P. MONSELL, `D deceased, who died on November 18, 1978 (Suffolk County 917 A 1978) party of the first part, and THOMAS 0. MONSELL, residing at 525 First Street, Greenport, New York, party of the second part, VIME,43ETH, 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 pparcel of land, with the buildings and improvements thereon erected, situate, lying and being indtatx Cutchogue, Town of Southold, County of Suffolk and State of New York, known as Lots 49 to 54 inclusive, on a certain map entitled, "Map of NOrwold", and filed in the office of the Clerk of the County of Suffolk on 3/13/39 as Map No. 1275. BEING AND INTENDED TO BE part of the same premises conveyed to the grantors herein by deeds described in Liber 2194, cp. 36 and Liber 4582, cp. 80 recorded in the Suffolk County Clerk's Office. SUBJECT TO Covenants and Restrictions recorded in Liber 3009, cp. 298. SUBJECT TO Right of Way recorded in Liber 1961, cp. 575. SUBJECT TO Telephone Agreement recorded in Liber 2058, cp. 463. 18r_ RECEIVED REAL ESTATE JAN 5, 19IFY L TRANSFER TAX SUFFOLK COUNTY. TAX MAP DESIGNATION Dist. 1000 TOGETHER with all right, title and interest, if apy, 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 Sec. 138.00 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 elk. 01.00 the party of the second part forever. - Lot(Q:'3.001 AND the party of the first part covenants that the party of the first part has not done or suffered anything wheFeby the said premises have been encumbered in any way whatever, except as aforesaid. r. nNR ihl ldity of the first (fart, in'coinplianee with Section 13 of the Lien Law, covenants that the party of the-first part will receive the consulatio for this conveyance and will hold the right to receive such consid- eration as a trusty fund, to be applied. first for 4he,purpose of paying the cost of the improvement and will apply the same first to the payment of the cast of the improvement before using any part o the total of the same for any other purpose:' : SIa?'O The word "party" shall be consirued as' it if read "parties" whenever the sense of this indenture so requires. I hi Wrr'NE4 mmEmbr, the ~ariy`bf die'first part has duly executed this deed the day and year first above written. IN PRESENCE OT' Y11.~ L ?oN LI391#yAa jk V Or Suffolk sat STATE Comm Yon. COUNTY Or Suffolk set On the 30 day of Novembe4983 . before me On the 9d day of November 19 83, before me personally came personally came THOMAS O. MONSELL James I. Monsell to me known to be the individual described in and who to me known to be the individual described in and who ffecuted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that e executed the same a executed the same. Notary Public Notary Public MARY JANE DIN MARY JANE DINIZIO Notary Public, State of Ng NaW York No. 62-4869843 Notary Public, Stab Of NOW York Qualified in Suffolk County C?V No. 62.4668643 Commission Exonse Metch 30,18.:1 Qualified In Suffolt County remission Expires March 30.1off STATE OI NEW YORK. COUNTY OR ear STATE Or NEW YORK, COUNTY OF Sao On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed It name as witness thereto. STATE OF NEW YORK, COUNTY OF .tSUFFOLYc On the 3 0 day of November, 1983, before me personally came George Monsell, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. MARY JAf1EDINlap N Notary INb =Stab G# NOW York otary Public ^~mnnssioNn E In Suffick xpires March 30, My 1 8_y ]Bargain 6RD bale ~CCD SECTION WITH COVENANT AGAINST GRAN"IOR's Acts TITLE No. BLOCK LOT MONSELL COUNTY OR TOWN TAX BILUNG ADDRESS TO MONSELL Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: 7A" ORM Or NEW TOKK wARa Or MU IN DIRWRITIRS Irving L. Price , Jr. IXiieiNa by Attorney-at-law TITLE GUARANTEE- 828 Front Street ~IEWYORK Greenport, New York 11944 s Krn I <d " :F: ~.~..fYT~+ tS' Zip No. ATCWt WMI~ ' :P 41j 1 . 1111 f. ~ ~1 ~ ~ t 1. f rv.r. .~k i.~.l jtvrv~1 OKI r 0~~~ . Sundard N. Y. B.T. U. Form 8002 • 2-66-70M-Bugaln and We Deed, with Cmeenane apim, G,a mr', A,,r- h,dividoal or Cmpm. ion (Single Sheet) CONSULT YOUR LAWYER RARE SIGNING THIS INSTRUMENT-THIS INSTANT SHOULD RE USED BY LAWYERS ONLY. .1 TIBER 6Ua77 PAGE JUU in THIS INDENTURE, made the day of January , nineteen hundred and sixty-seven BETWEEN HARRY M. MONSELL, residing at Greenport, Town of Southold, Suffolk County, New York, party of the first part, and THOMAS O. MONSELL, residing at 47 Orchard Street, Lindenhurst, Town of Babylon, Suffolk County, New York, party of the second part, WITNFSSETH, 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 ixx6Px near the Hamle4 of Cutchogue, Town of Southold, Suffolk County, New York, known and designated as lots nos. 7, 8, 9 and 48 as shown on map entitled "Map of Norwold" surveyed by Otto W. Van Tuyl, on January 25th, 1939 and filed in the Suffolk County Clerk's office on March 13, 1939 as map No. 1275. SUBJECT to covenants, easements and restrictions of record. SUBJECT to zoning regulations and ordinances of the Town of Southold, Suffolk County, New York. /i J I .•y~ TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and I roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- efiitfo lit a trust fh'nd to be applied first for the purpose of paying the cost of the improvement and will apply the salve 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: . r e f LIBER 6099 PA r 307 STATE OF NEW YORK, COUNTY OF Suffolk Est STATE OF NEW YORK, COUNTY OF Ss: (r On the , day of January, 1967 before me On the day of 19 before me personally came personally came HARRY M. MONSELL, to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same, executed the same. C N r'7AP.Y No, Li St,.:. ~9o!arli^sion Erp!~,s P~°rcl: ip, STATE OF NEW YORK, COUNTY OF Sits STATE OF NEW YORK, COUNTY OF Ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. t $arga(n anb gale ~DeeD SECTION WITH COVENANT AGAINST GRANT'OR'S ACI's TITLE No. t BLOCK LOT HARRY M. MONSELL COUNTY OR TOWN TO THOMAS O. MONSELL 1, Recorded At Request of The Title Guarantee Company 7)r r RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITU UNDERWRITERS Dlmfsar d by THE TITLE GUARANTEE COMPANY McMann & McMann Attorneys at Law CNARr6RlO (JU 11f, NRW YORK 238 Main Street Zip No. rI ' ' Greenport, 'N. Y. 1194, W LL _ M RECORDED s all': JAN 12 1967 ass 3-.77 qm, 2 }I^J~pN NORMAN E. KLIPP L; :o I" I Nbl' 1961 0etk 01 Suffolk County N W 1 CONSULT YOUR LAWYER Rfi IONINO THIS IN3TRUMiNT-THIS If INSTR fTRUM~fH SHOULD RR USED flD RY LAWYERS ONLY. N VEER 6oi7c7 PAGE THIS INDENIVRE, shade the day of January , nineteen hundred and sixty-seven BETWEEN. HARRY M. MOISSELIt,;,rQSxd tlg t,Glgf op, down o Southa'ld1 Suffolk County,' New York,, d jjj'L lilq.ruvI A(;,,-;.;. -111 party of the first part, and THOMAS O. MONSELL, residing at 47 Orchard Street, Lindenhurst, Town of Babylon, Suffolk County, New York, 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 thetroat erected situate, lying and being issbec near the Hamle4 of Cutchogue, Town of Southold, Suffolk County, New York, known and designated as lots nos. 7, 8, 9 and 48 as shown on map entitled "Map of Norwold" surveyed by Otto W. Van Tuyl, on January 25th, 1939 and filed in the Suffolk County Clerk's office on March 13, 1939 as map No. 1275. SUBJECT to covenants, easements and restrictions of record. SUBJECT to zoning regulations and ordinances of the Town of Southold, Suffolk County, New York. .S~ TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and 1 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 ii 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. DP AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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: - 7 STATE Of NEW YORK, COUNT! Of Suffolk sat STATE OF NEW YORK,, COUNTY Of LIFER W fAkEst et On the day of January, 1967 before me On the day''of 19 , before Inc personally came personally came HARRY M. MONSELL, to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same executed the same. j .,_ORCE A. Mcit70.Nr;, .r., j NOTARY ?I-_IC, S1,1to NU.::3 20,,05 ri & I; t om ll sicn EAi.;r s t,, 1 1' 19,"Y STATE Of NEW YORK, COUNTY Of set STATE Of NEW YORK, COUNTY Of sat On the day of 19 before me On the. day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the"subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. ~aegain anD bate ~eeD SECTION WITH COVENANT AGAINs'I GRAN Lows ACI's TITLE No. t - BLOCK LOT HARRY M. MONSELL COUNTY OR TOWN TO THOMAS O. MONSELL -,i{•' 7' gr Reentries! At Request of The Title Guarantee Company RETURN BY MAIL TO: STANDARD FORM Of NEW YORK BOARD OF TITLE UNDERWRITERS D4NlbKNd by THE TITLE GUARANTEE COMPANY MCMann &MCMann Attorneys at Law CNAnre Kso tees FS IN NEW YORK 238 Main Street Zip No. Greenport, N. Y. 1194, S O~ ' RECORDED J: r JAN 12 1%7 NORMAN E KLIPP 01111 of Walk countXr ~ ~ I Ndl 1961 fj=c~o~aa , SOUTHOLD TOWN BOARD 19 MARCH 16, 1992 **x**x*******xxx****xxxxxxxxxxxxxxxxxxxx Mr. Orlowski: O.K. Thomas Monsell - This minor subdivision is for three lots on 3.0 acres located on the south side of Monsell Lane in Cutchogue. SCTM #1000-138-1-2.1, 9.1, 13.1 & 14. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS the Planning Board has reviewed the Environmental Assessment Form and the reports received in response to the lead agency coordination; and WHEREAS additional information has been requested to assist the Planning Board in their review of the significance of this action; BE IT THEREFORE RESOLVED that the Southold Town Planning request the information as listed in the March 2, 1992 report from Charles J. Voorhis and the February 6, 1992 report from the Zoning Board of Appeals. In regard to Number 7 of the report from Mr. Voorhis, the Board will be requiring that final maps contain a valid stamp of Health Department approval. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. ****x**x*****************xxxxxxxxxxxxxxx SITE PLANS Mr. Orlowski: Buccaneer Books. Inc. - Mr. McDonald: Mr. Chairman, I would like to make a motion. BE IT RESOLVED that the Planning Board hereby approves the site plan for Buccaneer Books signed by Roderick Van Tuyl, Licensed Land Surveyor, and last revised on March 16, 1992, and authorizes the Chairman to endorse the maps with the following conditions: 1. Submission of five (5) copies of the final site plan all containing a valid stamp of Health Department approval. JuTHOLD TOWN BOARD 19 MARCH 16, 1992 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Mr. Orlowski: O.K. Thomas Monsell - This minor subdivision is for three lots on 3.0 acres located on the south side of Mansell Lane in Cutchogue. SCTM #1000-138-1-2.1, 9.1, 13.1 & 14. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS the Planning Board has reviewed the Environmental Assessment Form and the reports received in response to the lead agency coordination; and WHEREAS additional information has been requested to assist the Planning Board in their review of the significance of this action; BE IT THEREFORE RESOLVED that the Southold Town Planning request the information as listed in the March 2, 1992 report from Charles J. Voorhis and the February 6, 1992 report from the Zoning Board of Appeals. In regard to Number 7 of the report from Mr. Voorhis, the Board will be requiring that final maps contain a valid stamp of Health Department approval. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx SITE PLANS Mr. Orlowski: Buccaneer Books, Inc. - Mr. McDonald: Mr. Chairman, I would like to make a motion. BE IT RESOLVED that the Planning Board hereby approves the site plan for Buccaneer Books signed by Roderick Van Tuyl, Licensed Land Surveyor, and last revised on March 16, 1992, and authorizes the Chairman to endorse the maps with the following conditions: 1. Submission of five (5) copies of the final site plan all containing a valid stamp of Health Department approval.-. / ~oNSP- e'a., 13.1 ~ r~ F~ - YeNE 1NEE ; o.a D as _ Ya ~ ~ .aun \ b aaue .,ae c 'r O tEa`N ~ S r \u i s00 \ R-80 \ ~ ~ VV A--~ LI . .Y~'ryi \ 1 LS A-C rs ~ \ \ 1 LL~ HD -80 RO, 8 40 a ~R R- ~ ~ -110 _ ~ R-80 o -c 1YitRXa + e t ~ ri11oX ~s O ^o~. r _ . A- / Q J~~ ,,7 1I :.aoo~ uK 1 ~ O • x ? WW[ A+ff scY[q bsT al a$ x -b_ w a x, ~ M.1 O ,a •fel aYal a • I+ ra ••'xaeWall~/\..~\ ,ibi`~•x s~iy aa• e.y?xv; •q, r ~ n 1 trr pl wa\ 9 - a ~ 1 IP 'F'rt, ? L a ev0 x. x raa a j " 0 • cxaa onxae Mvntw[ xf}•v •fS~c Ni LEP aLA, a• pN ..l _ I ~ ,1a ~ Yz ~Yjj 1 x <7~ OPEN t: 0 I NOOSE / ~ • 4 ~ x ~ xw l.a ax~Y aj \ AIJ a ~ JVY Ala x ~ladla axul' ~ ~ ' xaO xc xP rn NP x EP. IO/j~- .a.~,f / 4 s UM•I ( LLWl AI•a,.w la• ~'?PO la0'1~ Ia3' ~lat ~ l EMOP / Inn WIESONm a a PL. a0'1 x 4 ? 12 a sm n<. xo n _ ~ a aY ?tif ~Py ~~4 •E oP n bJ.lu~/~~ ~ 1 1> ,e[ ne xo la rW 4 ,s. . i o pe 4 .r - • M.. q\ I SPEC i ' irYd FI E N P1 Y4 I _ ~I P~ - nur ~ 51{.P NP PO •~u t I r 1 /i F. r ~J \ O0 :I. ~ / ~w.oo 1 e d © COUNTY OF SUFFOLK SOUTNO~o • Real Property Tax Service Agency - 138 1000 _ O ~ Rir.rh.od l 1., N.. Ya L _ YPOPCe1Y MAI Rn ~ - it eF' -k.S-Td dim'-Wtn4W Y r..P fx -'SVT.'SeF .?14r ~:{'R sf' dr.3',~,j.t sr a ~ - U~3DfV151~N)~ Pf20?E. TY OF Pr-" J z -r 0 IX A I_ j I-C G U E h ~ 77=/.(h~ OF 3OIJ'Ti DF SO'JTHC;' D h^Y .I i0 O ~ j~t.89P-06]9CSE, IGQ~•f `fir"~~IhJr 0 N ~ m i _ N YO l `'?g O i ~y 7 :I < n IB (7- J-- ",-l~ x F F i { N I~ t5 N x 75 lip ~I 13 N I i 40,000 s. P. K'EY MAP _ - - \ { EY I 1' J_ ' k t 0 \ w LU ' ~ ' a J Q ~ 7 i ty i 1 ~ ' I M I - i~1 UJ U}, II- I,t I p:M 7CJ.UM~i iT i ~ ~ 21NE 2L'E2 RD. ~ I z , p(2 EA: 3.0 'ACRES i.T( b Ado "(ZTb ABOVE WETLAN05 - - w 40,000 e.g. ~t =-1M-ETLFtil~lT2.~~4A65. qME - gMENr~;ED OCT.25,1%SIA i JuI-Y t?,74Qt j I T .U - _ JOLY t ' 991 L.,. , i 411 j 260 \~o t 1 ~ AlOSE5 ; i.LOT NO'S 2EEER TQ EEE2 rQ MF~~,r~F ht02VfO U FILEG t - 1 i 1 f ~J THE SvJFF GCn. ~ LE! F GC.~..'C.EI~6C`S (jFFiC~ A5 N~`,~~' IwG•!FZS fQ , 4X ,c~thF CtiTA iG 7C ° i3- i .!:3,i 14, 40,04© S.t~. M-- fl+l frLS,.E.R.9N1 .G4UNTY TOt'~'J Mqp. ~r~~a;`~±,~ ~%,d I 4CONITOUMS i f n/ 3 tQ - N - Py 4 5256'/ir~~ I ANo s iSffT$A4~L`3 - wi 1 _ -a : ,1 - co, a Ir 'v r (h ((I~nl-ev ~Sa~rr"~ ~'f~~t c. 4, r., a - l mll nmb n'm rP,tt. , ro b b Mltl rmo onoY _ Cmrrn,eea InClcarnC he~eop eSCll nl~ , ' ~ _ _ enlp to rM19 persaa IPr `F'nn'T tba soon%} ' ~ Is nre•,eratl, entl on bs Eahal{ tP flea . ICI.+e^umanv.9ovarnmenml e~are;/m%m •I - lei t I InuJn nto I 9 ithol 1 bl'.1 ' ( ltl L. 58 B uYl d plv'ro Inon !i riwtl 1ar'vubvegvvni i i'aJNOR SUB ' SOBL?IV~~~tC:7N~ OF OF iP[2GFE !~rY )E VEYEr, i x TH f U r xr c Ui lc cl,Gu 1OF J HCLD; LL-yl o f _ ~ryr~/ I~ Nfl9-0(~-3QE loo.GJI AUG 13 1991 q~,~ - X63_ I I Q ~a ISl IS ~-_t _ ~ I ~ u I k 0 f? I, I ~ I 1 / 4a, 000 5.0. I'll] I l ~ w f EY I A.G ' ~ Y I`LL Ilf O\ 1 it 600=1~ ! , << /s 1 II 0. l ~_ZZ ''y .'Aw lJ.l ' I 1 ` i, T,i~!s1~ 11 C~=M;NIJt~FNT I ! PI NE. r2ES- 2D, 1 'r -~Z-,7$ ABOVE WE9"LA'MAS~ F . ATLEA: S.O AGt?~ .7b ASI gc~,ode 8.~. 4 1 1 ~ I A Ss =-1}L$TLAND-_F_LAfa~ qMf a - A>•1ENpE:t7_.QCT.26.f940 ~ ' ' l ' fl 3, ~ l ~ I 1 ~ .aanwn . J qn° 1~' ti nnl 15 0 s - wlCkt s'. ice,199t I I m^t^Y. o ` w .1brA 5l^ta JULY _ i 1 ~ rdaceri°n Lew, rpearinq - ~ f 1 CPPIes d rhls ^nrvrvn4od anal o. YI \ remU^a tl~f el fNll nol be con•Id•red I - I~ ~ t°b. evflitl vue cWY M1•Il mn 1 Gmronreef IrWloelM hwnom tM1a curvet 1 OnIY th• P^r•on W Wyly. •rM en hl• behdl r° rYa i \ ~(a0 t ~•o ale como•ev. q°yxnmema °genw ane i \J IfndM lneututkn Wbd M1Oreonlhed_ i lW Guorente•s em not tmnsieraM1lf ~ mrbe^•*wn^n ^I tM1f I^^mnu nr NOT'ES~ r _t % so •d^Itlonal lnrtltu4onf P[fuwm^• !EFER -m'mAP GF N02WOLG_" F lI EG ~ I. LOT NO`5. 2EFER TO ^j 35 L?1 \ I VHE SUFF. CO. :'LE .I , 'F. CO. C'LE2C'=.f7FFiCE A5 F the N'!Z75 jY MAP GATA:IC. -iFA4 I, _ PREM15~_S~A.62~ _tt i5 A.42 tN dPIL PlNra ZONE R-40. Or w a i b ¢ [ CUNTOURS Pp-,O JTZ5 PROM COUNTY TOYQ MAP. i i i j.CM~'e , 1 ~,Y CJ SEW OF NE TUYL. e..:. E f - DU'NHUC"SEf't % ES, O(S 2f 5ti``i . t \ lAN` 1 1535-6 -