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Home My WebLink About3725 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, l.l., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ACTION OF THE BOARD OF APPEALS Upon application of ROBERT AND SIDNEY OLMSTED for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of proposed Lots #1, #2 and #3, and insufficient width (frontage) of proposed Lot #2, each with an existing single-family dwelling, in this pending minor subdivision. Location of Property: Right-of-way off the east side of Westphalia Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-114-7-14. WHEREAS, a public hearing was held and concluded on June 1988 in the Matter of the Application of ROBERT AND SIDNEY OLMSTED under Appeal No. 3725; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitte~ concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "A" Residential and Agricultural Zoning District with frontage along the east side of Westphalia Road of 419.0 feet and total lot area of 133,000 sq. ft., or approximately three acres. 2. The subject premises is improved with three single-family dwellings as shown on the map amended April 14, 1987, prepared by Roderick VanTuyl, P.C. Page ~ Appeal No. 3725 Matter of SIDNEY AND ROBERT OLMSTED Decision Rendered July 14, 1988 3. By this application, appellants request approval of the insufficient: (a) lot area of proposed Lot #1 of 53,000 sq. ft., (b) lot area of 40,000 sq. ft. and lot width of 100 feet of proposed Lot #2, (c) lot area of 40,000 sq. ft. of proposed Lot #3, all as shown on the "Minor Subdivision Map of Sidny W. Olmsted, Jr. and Robert W. Olmsted" prepared May 29, 1974 by Roderick VanTuyl, P.C., Licensed Land Surveyors. 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot width of 175 feet. The percentages of relief requested in relation to the area requirements is substantial, at 35% for Lot #1, 50% for each Lots #2 and #3. 5. Article III, Section 100-31 excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and there- after," or were approved by the Planning Board prior to May 20, 1983. The record shows that these parcels were not held in single and separate ownership, although the three single-family dwellings were in existence and occupied prior to the May 20, 1983 increase in lot area requirement. Pre-Certificate of Occupancy dated January 13, 1987 has been submitted for the record concerning these nonconformities. 6. In viewing the character of the imediate block area, the lots as proposed are consistent as to the general configuration and size of those presently established. 7. No prior appeals have been found of record concerning these premises. 8. It is noted that proposed Lots #2 and #3 will have access over a proposed right-of-way running within and along the northerly yard area, and is subject to New York Town Law, Section 280-a consideration and approval by the Planning Board since the right-of-way is located within the perimeter of the Minor subdivision proposed herein. 9. In considering this appeal, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will not be any increase in dwelling density since each lot will contain a single-family dwelling and no additional dwelling(s) will be constructed; (e) the relief requested is substantial in relation to the current lot size requirement; (f) that the Page 3- Appeal No. 3725 Matter of SIDNEY AND ROBERT OLMSTED Decision Rendered July 14, 1988 difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the relief requested is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, interests of justice will be served by the grant of this variance, as further noted below. the Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the Variances requested under Appeal No. 3725 in the Matter of the Application of SIDNY AND ROBERT OLMSTED as applied and subject to New York Town Law, Section 280-a access approval by the Planning Board, particularly to both Lots #2 and #3. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to poor weather conditions.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at ~ Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 9, 1988 at the follow- ing times: /~ 7:40 p.m. Appl. No. 3725 - ROBERT AND SIDNEY OLMSTED. ~ t Variances to the'Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area of proposed Lots #1, #2 and #3, and insufficient width (frontage) of proposed Lot #2, each with an existing single-family dwelling, in this pending minor subdivision. Locatio~ of Property: Right-of-way off the eas~ side of ~Westphalia Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-114-7-14. j 7:45 p.m. Appl. No. 3728 ANTHONY AND JOAN STURCKEN. Special Exception in accordance with Article III, Section lO0-30(B)[15] of the Zoning Ordinance for permission to establish Accessory Apartment in conjunction with single-family resi. dence of the owner at premises known as 36925 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-12.3. 8:00 p.m. Appl. No. 3724 - DR. AND MRS. JOHN WHITTIER. Variances to the-Zonin§ Ordinance, Article III, Section 100-31 as to insufficient frontyard setback, Article XI, Section lO0-119.2(A) as to insufficient setback from top of bank or bluff of Long Island Sound, and Article XI, Section 100-118 as to rebuilding existing building with nonconforming setbacks for this single-family residence as shown on plan amended February 29, 1988 prepared by Roderick VanTuyl, P.C. Location of Property: North Side of North View Drive, Orient, NY; County Tax Map Parcel No. 1000-13-1-7. The Board of Appeals will hear at said time and place any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also ae submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time Page 2 No~ice of Hearings Southold Town Board of Appeals Regular Meeting - June 9, 1988 allotted. For more information, please call 765-1809. DATED: May 12, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO, 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date .... .(~...I..7 ......... 19 ~..7.. File No ................................ To. ~.%.~:. ~..<..~.~...~ .... .%.o..x.,3..~ .......................... ·..-~ ~..~....~.-.~:. !.~.9 .?.~... }'LEASE TAKE NOTICE that your application dated .... .~....~.~.. .... .7 .......... 19 .~..~. Loc~tion of ~operty ~?.~.?o....~...<~.~.~.. ~;;~... :..~..o~.. ~ ..... County Tax Map No. 1000 Section ..'..-/.].~. ....... Block ... ?..~ ....... Lot . ./...~.. ....... Subdivision ................. Filed Map No ................ Lot No .................. is returned herewith and disapl,roved on the lbllowing gronnds . .Q.~. ~...~.....'~. ~..J 0~ .--..~. .~.~. ~.~...~.~..~. ~~.. ~ ~..~. ~.~. ~¢~.~.. ..................... Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR R ~,~ TO ZONING BOARD OP APPEARS, TOWN OF N. ¥. 1, (We) ~..o.~ ..~...~.~....&~..,~..0....]~..~.~..e..~. ...................... of i220 West,ohalia Rd. Name of Appellant Street and Number Mattituck, New York ......................................................................................................................... HEREBY APPEAL TO Municipality State APPEAL NO. L'~~'~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....O...L~..~.i/..'.~i/. ................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Sidny 01rested Name of Applicant for permit of 1220 Westphalia RD. Mattituck N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Sub'Divide Property 1. LOCATION OF THE PROPERTY i220 Westphalia Rd; Matti2uck A Agr. Res, Street /Hamlet / Use District on Zoning Mop District 1000 SectionlI4Block07Lotl4 ~ _ .................................................... burrent Owner R & S 0Zmsted Map No. Lot No. Prior Owner Same 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.) Article111 Section lo0-~1 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~]C~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 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 ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOP* APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~'oz~a (Continue on other siae) REASON FOR APPEAL Continued ~:. ~,,~-- ~ 1. STRICT APPL CAT ON~:OF ,,~HE.0I~D NANCE would produce practicaJ difficulties or sory HARDSHIP because go _cng lega~L 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 Several lots in section il4 block 07 have been subdivided, 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE GHARACTER OF THE DISTRICT because ~ll we are doing Ls to deride the ownership of this parcel with 3 houses already constructed into individual ownership. STATE OF ~EWYORK ) COUNTY OF ) Sworn ~othis ............................................. doy of ................................. t9 ~ , TOWN 'OF .SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB. LOT FORMER OWNER / N ~ E ~?' ~ACR. RES.~y/~ S~S. VL FA~ COMM. CB. MISC. Mkt. .... LAND IMP. TOTAL DATE REMARKS / AGE BUILDING CONDITION N~ , NORMAL BELOW ABOVE FARM Acre Value Per Value Acre ~illable 1 Tillable 2 Tillable '3 Woodland SwamPland FRONTAGE ON WATER FRONTAGE ON ROAD Brushland House Plot D~PTH ,~ ~-rT" ' BULKH~D Total ~ ~ ~ ~ DOCK TR~M - ~'I~'~ Foundation Bath ,M. lB %~ Extension Basement '~ ~' Extension Ext. Walls Finish Fire Place Heat Roof Rooms 1st Floor ~ecreation Room Rooms 2nd Floor Driveway ,TOWN OF SOUTHOLD PROPERTY! RECORD CARD OWNER ~ ~ ~ ~ ~ ~ . ~ STREET · ~ :, ; V LLAGE DIST, [ ' . SUB LOT''~ ; ~d ~':~T/~'~Z~'}~F~' ?L~ " .-~ ~Z ' TYPE Of BUILDING .., , S~S, ,' VL. ,"?:u,~t:::; FA~ ,' :"~ C~MM. CB. ~ISC. MEt. Velue ' ' ~ND '~ IMP. :.' ,:TOTAL:-;:" "DATE REMARKS ~ ' ? '~ ' ' SU D NG COND TJgN ' ~ Z V ~ x FAR~ ~',~, . Acre I Va ue Per '~dlue ,~ ~ ' , · ' " "~o~ ~ Acre2~ ~17/ ? ~ /~. , .. , , .2 , , ,, j , ~) . Ti bbe; 2 ' ' ' - ' ' -2 /. - ' " -' Swampland Z w ~ - ~ ~, FRONTAGE ON WATER ~ ~ .~ ~ ~0. Brushland " " '.' r FRONTAGE ON ROAD ~j~ ~ House P ~ · ~ DEPTH (/~. O.y ~ ~ ; BULKH~D TOWN OF SOUTHOLD PROPERTY RECORD CARD '-OWNER "' STREET VILLAGE DIST. SUB. LOT S ~ES ,~// SE*S YL. ~ ~ARM CO~M. C~. ~,CS. ~ND IMP, ' TOTAL DATE REMARKS rillable ~d ~ -- ' FRONTA6E ON ROAD ~eadow ~nd ~ ~ DEPTH ~ouse Plot ' BULKH~D Fotal ' ':L' ' ~ ' ' ~ STR ET VILLAGE ES; SEAS.," VL, : FARM 'C~M CB ~ SC Mkt V~ ue LAND "', i I~P. ' ' TOTAL" DATE RE~A~KS : , ~ ~:"-~ .~ · , N~, ~:"('~}?_ .<: NORMAL BELOW ' ABOVE . '"" : ' Acre ' Woodland '",': "'~' Sw,mpland, . ..... FRONTAGE ON WATER ': Brushlend ': ¢:".: '' FRONTAGE ON ROAD ~,' ~ ~ House Plot,':~, ' DEPTH Extension Basement Ext, Walls ............ Fire Place Type Roof /~ ..[-'~ RecreaHon Extension Bath Floors Interior Finbh Rooms Ist Floor Rooms 2nd Floor Dormer Driveway Dinette K, LR DR, J TOWN OF SOUTHOLD STREET PROPERTY CARD , SUB. LOT FORMER OWNER RES, SEAS. LAND IMP. W VL . FARM COMM. CB. MISC Mkt. Value TOTAL DATE REMARKS ACR, ~ TYPE OF BUILDING AGE NEW EARM Tillable 1 Tillable 2 Tillable ~3 Woodlend Swampland Brushland House Plot., Total BUILDING CONDITION NORMAL BELOW Acre Value Per Ac re ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TRIM Place griyewqy Bath Rooms Ist Floor ,.~- Rooms 2nd Floor ~ OWNER,_ .- _' ; ,' .STREETr ~ 'VIL_LAGE . " DIS~T ,, ~N~.~~LOT . ~ '- W R S':?~.~ SEAS .... : VL ' FARM ' COMM CB "MSC Mkt V~ue ~, "'" , MP ~--: DATE REMARKs , , /*0~:~-~ ':~'.o o "~o,o,~ ~ ' ' ' ' ~::;'] :,, BUILDING CONDITION ' , ,'.:... : N~?~ ::t, ',r,NORMAb" BELOW:: AB~ , ' : ~--- ~ - T -- ' -'h:,:,' ",:,, ' ' ~cre ' TIDbe?2'~:'::-~ ,':,b~ ' ,.' :: ' ': p ~ ~ , . r , FRONTAGE ON WATER I usnland ' .; , , · , FRONTAGE ON ROAD House P et DEPTH ·ota DOCK .......... COLOR TRIM Foandation Basement Ext. Walls Fire Place Type Roof Recreation Dormer Driveway Bath Interior Finish Heat ~t / Rooms Ist Floor Rooms 2nd F[oo Total NEW Tillable Tillc House Plot~ Total /NER VL, IMP. ' ~0 0 ORMAL FARM TOTAL DATE BUILDING CONDI' E Value Per Acre .SUB. LOT ACREAGE W...~o~,j¢ /,./ 8,~$~/ 'TYPE OF BUILDING COMM. IND. CB. MISC. REMARKS ABOVE Value M. Bid Extension Extension Foundation ~3oseme~t ~xt, Wolls Fire Plnce P~tio L) r[vewuy Porch F~rch VL, TOTAL DATE COMM. CB. MICS, Mkt, Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD OWNER FORMER OWNER TOWN OI STREET ~ROP~RT~CORD ~s~j~ s~s, LAND IMP. VL. TOTAL ~/~ ~ 7~ FARM DATE COMM. CB. REMARKS MiCS. Tilloble ouse P at FRONTAGE ON WATER FRONTAGE ON ROA[3 Total Porch ~ Breezeway G~ra~e Patio , Totei Foundation [zxt, Woll~ Fifo Pk~ce Bath Fbors interior Finish Rooms 1st Floor Rooms 2nd Fbor Driveway ,r IIg~Z O i:':' L A I'qj~) NOT t ~ I Ill SCAL[:_ ~ 50 = ~ = /AOMU/AE:M3' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($~6) 76S-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 12/05/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Robert and Sidney Olmsted is two lots on 3+ acres located at Mattituck. SCTM #1000-114-7-14. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. ,. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD~iOF APPEALS REGULAR MEETING OF THURSDAY, JUNE 9, 1988 Appl. No. 3725 Applicant(s): ROBERT & SIDNEY OLMSTED Location of Property: ROW E/s Westphalia Avenue, Mattituck County Tax Map ID NO. 1000-114-7-14. Board Members present: Chairman Gerard P. Goehringer, Members: Douglass, Sawicki and Grigonis and Doyen. Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:40 o'clock p.m. and read the notice of hearing and application for the ~ecord. CHAIRMAN GOEHRINGER: I have a copy of a survey. The most recent date is amended November 18, 1986 and then amended again April 14, 1987 indicating lot number one at 53,000 square feet which includes a two-story framed home and garage. Lot number two at 40,000 square feet which includes a one-story framed house. And lot number three at 40,000 square feet which also includes a one-story framed house. And that is produced by Roderick VanTuyl, P.C., that survey. And I have a copy of the Suffolk County Tax Map indicating this and 'sur- rounding properties in the. area. ts there someone who would like to be heard concerning the Olmsted hearing? Is there anybody here representing the Olmsted hearing? Yes sir. Could I ask a couple questions maybe? Maybe you could use the mike and state your name for us. MR. OLMSTED: I'm Sidney Olmsted~ CHAIRMAN GOEHRINGER: Two of these houses have been there for a long period of time. Have they not? MR. OLMSTED: They have. CHAIRMAN GOEHRINGER: The house on lot number three which is the one closest to the main chanel of Mattituck Inlet, Mattituck Creek so to speak, was built when? MR. OLMSTED: 1972 I think. CHAIRMAN GOEHRINGER: Are they all utilized as year around dwellings? MR. OLMSTED: One'in lots one and two and three is more less a summer house. I come weekends from April to November. ~age 2 - Thursday, June 9, 1988 ~Ublic Hearing - Robert and Sidney Olmsted Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: Is it heated? Do you have heat in'it? MR. OLMSTED: Yes. CHAIRMAN GOEHRINGER: You do have heat in it. And the other houses, on a guestimate, how old would you say they were? MR. OLMSTED: The lot two, I would say around the turn of the century. Lot one, the two-story house, 1949. CHAIRMAN GOEHRINGER: Is there anything you would like to state for the record concerning this? MR. OLMSTED: No. Other than we are here in good faith and we would like to do this for the reasons we stated on the application. Probate reasons for the reason that other tots in this same map have been sub- divided in the same way .in the same area. CHAIRMAN GOEHRINGER: Thank you Mr. Olmsted. I just want to mention that we will not make an immediate decision tonight. We have other decisions from the last meeting that we have to make first. I thank you. MR. OLMSTED: Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the applications? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing, reserving decision until later. Ail in favor - AYE. BY Nadia Moore Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-t809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XlII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article z , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3725 Applicant: Robert and Sidney Olmsted k0cati0n of Affected Land:ROW off W~stphalia Ave., Mattituck, County Tax Map Item No.: 1000-114-7-14 Within 500 feet of: Town or Village Boundary Line NY Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Within One or Mile of a Nuclear Power Plant Mile of An Airport. approval of COMMENTS: Applicant is requesting )F~WF>~ ~A)~ insufficient area ~f proposed Lots #1, ~2 and #3, and insufficient width of proposed Lot #2. each with an existing single-family dwelling Copies of Town file and )-elated documents enc]osed for YOUr review. Dated: August 11, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. Southold Town Board of Appeals MAIN RE}AD - STATE ROAD 25 c:rlUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 August 9, 1988 Mr. Sidney Olmsted Mr. Robert Olmsted P.O. Box 436 Westphalia Road Mattituck, NY 11952 Re: Appeal No. 3725 - Variances Dear Messrs. Olmsted: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Town Planning Board and the Building Department for issuance of any permits and other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN Suffolk County Department of Planning Southold, N.Y. 11971 (616) 765-1938 March 27, 1987 Mr. Sidney Olmsted 1220 Westphalia Road, Mattituck,NY 11952 P.O. Box 436 Re: Subdivision for Sidney and Robert Olmsted located at Mattituck Dear Mr. O~msted: The Planning Board is in receipt of your three-lot subdivision at Mattituck and this application has been reviewed. However, the Planning Board cannot take any action on this application until an area variance is received from the Board of Appeals since each lot proposed is less than the required two-acre zoning. Enclosed is an application for the Board of Appeals. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Board of Appeals / PATRICK G. HALP~N SUFFOLK COUNTY E:XECUTIVIE: DEPARTMENT OF PLANNING 360-5206 LEE E, KOPPELMAN August 12, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to~ 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local detemination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~Robert & Sidney Olmstead John & Joan Polywoda 3725 3737 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI., NEW YORK It78E Southold Town Board of Appeals MAIN ROAD* STATE ROAD 35 ¢:OUTHOLD, L.I., N,Y. 119'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS June. 9~ 1R88 GERARD P. GOEHRINGER, CHAIRMAN $. E. Q. R. A. CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS .IOSEPHH. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3725 PROJECT NAME: ROBERT & SIDNY OLMSTED 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. This board determines the within project not to have a smgilfz- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Variances for appr0yal of insufficient lot Area of proposed Lots ~1~ 2 And 3~ and insufficient ~i. dth of proposed Lot~2? each with an existing single-~family dwell~nu LOCATION OF PROJECT: Town o~ S°uthol~, County of, Suffolk, more particularly knQwn as: Westphalia AYe, ~ Hattituck~ NY' 114v7-14 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This pro3ect does not create increased density, having been developed pre¥iously~ (3) This is a lot~line variance as regulated by. Section 617.13, 6 NYC~oR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc NOTICE OF HEARIN(~S ~.NOTICE IS HEREBY GIV- ]~N, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the ! following hearings will be held 'by:the SOUTHOLD TQWN ~ OF APPEALS at a l~,ular Meeting at the Southold T~vn Hall, Main Road, S~l~$hold; New York, on TitURSDAY. ~IUNE 9t ~988 at 'th~ ,following t~hnes: ~ ~7:40 p.m.-Appl No. 3725- ~oR~i.~BERT AND SIDNEY '~to the Zoning Or- dinanceS. Article II1, Section 100-31;~l~uik Schedule, for ap- proval 'of insufficient area of pwp~s~i Lots Nos. 1, 2, and 3, and iasuffici~t width (frontage) of propo~d~ot No..2, each with an existing sin~l~-family dwellingq in this pending minor subdiv~n. Location of Pro- pe~ty: R~gh. t-of~way off the east · 1~ of ~tphallg Avem~biat- tituck, NY; County ~ Map 7:45 p.m. Appl. No. 3728- ANTHONY AND .JOAN STURCKEN. Special Exception in accordance with Article 1II, Section 100-30(B) [15] of the Zoning Ordinance for permis- sion to establish Accessory Apartment in conjunction with singl~f, amily residence of the owner at premises known as 36925 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-12.3. 8:00 p.m. AppL No. 3724- DR. AND MRS. JOHN WHIT- TIER. Variances to the Zoning Ordinance, Article II1, Section 100-31 as to insufficient fron- tyard setback, Article XI, Sec- tion 100-119.2 (A) as to insuffi- cient setback from top of bank or bluff of Long Island Sound, and Article XI, Section 100-118 a~ to rebuilding existing building with nonconforming setbacks for this single-family residence as shown on plan amended February 29, 1988 p~ared by Rodetick VanTuyl, i~2. Location of Property: North Side of North View Drive, Orient, NY; County Tax Map Parcel No. 1000-13-1-7. The Board of Appeals will hear at said time and place any and all perS°ns or represen- tatives desiring to be heard in each of the abo~ matters. Writ- t~n comments may also he sub- mitted prior to the conclusion of the subject hearing. Each hear- ing will not start before the time allotted. For more information, please call 765-1809. DATED: May 12, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaiski, Board Secretary IT-6/2/88(85) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Tra/yeler-Watchman once each week for .................... '. ...... weeks successively, commencing on the ...................... Sworn to before me this ~ 2~ day of Notary Public BARBARA FORBES Notary Public, State of New York No. ~ {~lified in SUX~O~ County Commission ]Expirea/g~ 5/19 ~ / aanc~ ~ffi~le III, Section 100-31, 300t)[15] of ~he Zonin8 Ordinance STATE OF NEW YORK} ~OUUTY OF SUFFOLK} Chr±s~i n~ Cc~nt-or~l-c~ of Mattttuck, In ~ld County~ hoing duly aworn~ ~,/s that he/sho ia Principal Clerk of THE SUFFOLK TIMES, I Weekly Newspaper, published at Mattltuck, In tho Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a prlntnd copy, has been regularly puMP, shad in said Newspaper once each week for 1 weeks successively, commencing on tho 2 day of .Tune 19 88 Principal Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. $AWlCKI Southold Town Board o£ Appeals MAIN ROAD-STATE RrlAD 25 SaUTHI31..D, L.I., N.Y. 11971 TELEPHONE (516) 766-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date~; of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very tr~l~.., ~ GI~-RARD P. GOEHR~NGER J CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Copies Mailed to the following on or about 6/1/88: Mr. Sidney and Robert Olmsted, 1220 Westphalia Road, Box 436, Mattituck, NY 11952 Mr. and Mrs. Anthony Sturcken, 36925 Main Road, Cutchogue, NY 11935 Elizabeth Thompson, Architect, Box 289, Orient, NY 11957 Dr. and Mrs. John Whittier, Box 64, Brown's Hills, Orient, NY 11957 Elizabeth Thompson, Architect 316 Mott Street 3B New York, NY 10012 Personal Delivery to Suffolk Times and L.I. Traveler-Watchman 5/31/88 Posted on Town Clerk's Bulletin Board and ZBA Bulletin Board 5/31/88 Copies to Town Board Members 5/31/88 with copies of files. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appea. ls From: Judith T. Terry· Southold Town Clerk Dated: April 5, 1988 Transmitted herewith is Zoning Appeal No. Robert & Sidny Olmsted 3725 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Sidny & Robert Olmsted to the Board of Appeals of the Town of Southold o~4 TO: Suffolk County Dep~rtment Works Nighway Division Yaphank Ave. Yaphank, New York 11980 NOTICE TO ADJACENT PROPERTY OWNER 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 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] '2. That the promert_v,which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: uoun~y Tax Map 1000 Section 114 Block 07 Lot 14, 1~20~ 1240. and 1300 Westphalia Rd. Mattituck. New York 3. That the property which is the subiect of such Petition is located in the following zoning district: A ~A_~"r. ~n~t R~d~tA~l 4. Thatbysuch Petition, the undersigned willrequestthefoilowingrelief: To subdivide into 3 one acre lots. Lot has 3 existin~ houses on 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 111 Sect/on 100-31 [ ] 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) 765-1809. 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 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. Petitioner Owners ' Names: Sidny & Robert Olmsted Post Office Address Box 436 Mattituck, New York 119~2 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 790 277 722 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT rOR INTERNATIONAL MAIL (See Reverse) ZIP Code STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ ~.~ I~//. ~ - .~× ~ . being duly sWorn, deposes and says that on the ~-~, ~ day of ~/./~ [~/~.' ~ , 1 9 ~d/c-- , deponent mailed a true copy of the Notice set forth on the re- vef's~ side 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 Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b re · this ~-~otary I~ublic NOT; · ,/PUeLIC, S~te of No. ~.1.A8391.75 in Queens Cornmiss ,es~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter eT' the Petition of Sidny & Robert 01rested to the Board of Appeals of the Town of Southold TO: K~rl and Virginia Gullet Mattituck, New York NOTICE TO ADJACENT PROPERTY OWNER 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_(_V.a~Llnc~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: $$ction 114 Block 07 Lot 14, 1220, 12q0, and l~00 Westohalia Rd. 3. That the property which is the subject of such Petition is located in the following zoning district: A ~A~r. and Residenti~3_ 4. That by such Petition, the undersigned will request the following relief: To subdivide into 3 one acre lots 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 111 Section 100-~1 [ ] 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) 765-1809. 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 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. Ow n e r s ' N a m e s: Sidny, & .Robert 01msted Post Office Address o ~' 0 -- PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 790 277 720 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~¢c¢¢~ A~ ¢ . being duly sworn depos~ and says that on the ~.¢ day of~,~ ' : ' .19~ ,deponent mailed a true copy of the Notice set forth on~he re- ve}se'~ide hereof, directed to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curet assessment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post Of- rice at~ .~ ~ .~0~ / ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to befQre me this 'AROL J. LUBOMSK! · ,~-~ pUBLIC. ~tate 0f Nee Yc mxv,, No. 41~39175 ~. ~ ual ' inQu~nsC~ ~ Q." . ~,19r4 (This side does not have to be completed on form transmitted to adjoining property owners.) St{OR? ENVIROI~IENTAL ASSESSM£11T FORM Mino~ Subdivision ~NS~TIONS~ Si~y & Robert O~sted (a) Zn order ~o answer ~he quos~lon~ tn this shor~ EAF i~ Lo a~ed tha~ the ~ropare~ wt~ u~e currently avai~ab~e ~o~:ion conceding ~ho pro~ec~ and the ~e~y ~c:~ o~ ~he set,one 2~ t~ not o~ec:od that add~t~on~l atud~oe, reeoarch or other ~nves:tgation~ w~ be ~dertakon. (b) Z~ any question has been answered ~es ~he project ~y be ccmp~e:ed Envtro~en:a~ Assessment Fo~ is necessary. (c) l~ all que~tions have been anowered lie it ia l~oly 2. W~Z project react 2n a iaFge phyuicaZ c~nge to the proJec~ site or physically slter more :~n 10 acres o~ land?, · · · · · . ·, · , · _ Yoo X No ~, ~tll thoro bo a ~or change to anr.~tquo or unusual land ~o~ ~o~d on the site~ · · · · Yo~ ..X' No ~. W~I proJec~ alter or have a large o~oct on an exit:in&body of wa:er? . . . . . . · · · Ye~ X l. W~i project have a potentially large ~pacb on $. W~1 pro~ec~ al~ificancly, effect drayage ~ on adJacen~ 81:087 · · · · · · . · · · · 6. ~111 proJec~ affec~ any t~ea~enod or endangered W~i project roa~: in a ~a~or advor~m effect on 8, W~ pr~Jec~ have'a m~jor effect cn visual cha~ acter o~ the certify or scenic view~ or kno~ to bo ~por:an: ~o the co~.munl~y9 · · · , Yea, ,.X,, No 9, ~lll proJ~c~ adversely ~pac: any al:e or ufo o$ hio~oric~ pro-hie:eric, or paloon~ologica~ Importance or any site doai~a~ed aa a critical enviro~on~l area by a local agency? · · · , ~o~ .~ No 10. W~i pro~ec~ have a ~Jor e~fect on exl~g or future recreational oppor~i~iea~ · · . Yo~ X No Will pro~oc~,reault' in ~or ~raffic problems or cause a ~ajor effec~ :o oXioting ~ranspor~ation 12, W~ll p~o~ec~ reg~arly cause objectionable odors, no~s~, glare~ v~bra~on, or ~loccrtcal dln~r~ ance am a r~m~ of ~he pro~oct'~ operation? ; Ye~ x No 1}, Will pro~c~ hmve any impac~ on public health or directly causing a growth tn permanent popula- tion of ~ore ~han ~ percent over a cn~-yoar period o~ have a ~Jor negative effect on character of the coa~unity 9r neighbort~ood?.. , 15. la there publ~ contra2 ~ernxng the projec~? Ye~ X No QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours seaward of area under construction? Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined Town Code, Ch. 97 for your reference.) by No 3. Are ~here existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? ~O)LIE No ~ No o If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. XY~ No ~)~ No ~ No X)t~J~ No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? ~J~ No State Permit # and Nature: Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes Town Board XX)tl~ No Town Trustees County Health Department Aoorove~Feb ~.1988 #'87-~81 Yes Village of Greenport XX~l~ No N.Y.S.D.E.C. Approved Se~t 25,1987 # 10-87-0339 Yes Other ~No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of'sale.(from contract). ~ No ll. Is new construction proposed in the area of contours at 5 feet or less as exists? ×~Ys~ No 12; If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under ~ No the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time Residenti~ and proposed I certify that the above statements are true and are being submitted for rel ianc~,~ by th o/a}rd peals in considering my application. n~ )~ (Authorized Agent) Sig ~ 3/87 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold, TRUSTEES -- The Board of Trustees of thc Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L, No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: 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 mcan low tide are covered by tidal watcr~ to a maximum depth of five (5) feet, including but not limited ta banks, .bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; All banks, bogs, meadows, fiats anti tidal marsh subject to such tides and upon which grows or may grow some or any of thc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattaiIs, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetkmd as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the m.~t lamlward edge of such a tidal wetland. B. FRESI'IWATER WETLANDS: (1) "Fresbwater wctlamts" as defined in Article 2.1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, ~f the Environmental Conserv'ation Law of the Sta~e of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection i~(l) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetlaad." 9705 2-gs.s~ N.Y .S. NSFER STAMPS THIS INDENTURE, made the 7th day of June . BETWEEN 18336 ,nineteen hundred and eighty-five MARY W. MAC NISH, residing at Box 585, (no #) Westphalia Road Mattituck, New York 11952 rict: ion - II oo 0% o /~/.000 asx;0x~xx~ Administrhtri~xl~with will annexed of the kst willand testalnent of Ruth L.W. Satterly Mattituck, New York ,lateol party of the first part, and , d~e~ed, ~idny W. Olmstead, Jr. and Robert Olmstead, remiding at Box 436, Mattituck, New YOrk party of the second paR, WITN~ETH, that the ~Ry of the first paR, by virtue of the ~wer and authority given in and by ~id last /will and test~ent, and~g~g~k an order of the Surrogate's Court, Suffolk / County dated June 4, 1970, and in consideration of One ($1,00)do1~ ~id by the ~R~ of ~e ~o,d ~R, d~ hereby gra,t and rele~e unto the ~rty ol the second ~, the heirs or suec~ ~d ~ o{ the ~y of th~ s~ond part forever, ALL that ce~in plot, pi~e or ~el of l~d, with tbe buildings ~d improv~en~ ther~n er~, situate, ..~ ]yin/and ~in~ situate at Mattituck, To~ of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly 'line of Westphalia Road 810.0 feet southeasterly along said line from land of Wm. B. Reeve. Estate, and running thence N.27o 02' 50"E. 509.59~feet to Mattituck Creek; running thence along said Mattituck Creek first southeasterly and then southerly to said northeasterly line of Westphalia Road; running thence along said northeasterly line of Westphalia Road N. 70° 00' 00" W. 270 feet, more or less, to the point of beginning. TOGE.THER with all right, title and interest, if any, of the '--rt- of th- ~ ....... · roads abutting the above-described premises to the center lin. es thereof; TOGE~HER with the a u and also all the estate which the sa~d decedent ha,~ -~ +~.- · .... · ~___j ........ pp rtenances0 the estate therein which the r~rt,~ of the fir-+ --="'~-'-'-"--"~'-'-'"~ u, u~.. ~-uem s oe~tn..lU sala premises, and also · . .r- ~ . ~- ,, ,,,~ u~ nas wer to convey or olspose of, whether individ- ually, or by vtrtue of said will or otherwise; ~'(~ HAVE ANr'~O 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 h~s not done or suffei'ed anything whereby the said premises have been incumber~l in any way whatever, except as aforesaid. A.N~D the party.,of the. first part, in compliance with Section 13 of the Lien Law, covenants that the the nrst part wm receive the consideration for this conve,,a ..... n _.:. ~._~.~ .,_ .... party of eration a~ a trust fond to be applied first for the purpose of paying the cost of the improvement and will ap ly the same first to the payment of the cost of the improvement before using any part o[-the total of the sam any other purpose. ' . · ~r The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requi.res. IN wrrNE.~ WHEREOF, the party of the first part las duly executed this deed the day and year first above written. IN' PRESENCn' OF: MAR~/W. MAC ~ISH, as administratrxx with the will annexed of the Last Will and Testament of Ruth L. W. Satterly to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. ~ /~6ta/y Public STATE OF NEW YORK, COUNTY OF ~q: On the day of '" 19 , bi'fore me personally came to me known, who, b~ng by me duly sworn, did depose and say that he resides at No. ; that he is the · of . the corporation described in ~nd which executed the foregoing instrument; that he knows the seal of said corporation; that the seal afRxed to s~id instrument is such cotpor.a, te seal; that. it was so affixed by order of the board of dtrectnrs o! said corpora- tion. and that he signed h name thereto by like order. 'L~ NO. ,~/~RY W. MAC NISH, as ad~inistratrix with will TO annexed 3 /DN¥ & ROBERT OLMSTEAD STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distribhted by 3lie lnsuran H~o O~ce- Rlch~ 1~0 THIRD AVENUE AT 48th STREET, NEW YORK,N.Y.IOOI7 STATE OF NEW On the personally came YO COUNTY OF 19 , before me day of to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF N~W YOEI~ COUNTY OF SS, Ori the ' d~y of ' ' 19' :' ~ ~efore me personally ..?e ! . ' the subscribing witness to ~e fo~i~ instmm~t, with whom I ~ ~r~ly ~q~t~. w-ho,-~ing by m~ duly sworn, did d~ aM~y t~t: he r~id~ at No. t~t ~ k~ws ; to be the individual described in and who executed the foregoing instrument; that he, said' subscrjbi~..w~.'%Besa;~wa~ present and ~aw ~ execute tl~.e. ~i~he~.and tha~ he, said witness, at the same time subscrlbed.h/, name as witness thereto. SECTION 114 BLOCK 7 LOT 14 COUNTY OR TOWN Suffolk RECORDED AT THE REQUEST OF I _u yers 'lille Insurance rporallon RETURN BY MAIL TO Echoer & Sileo, Esqs. 1100 Franklin Avenue Garden City, N.Y. 11530 Zip No. .", 10-87-0339 N/A NEW YORK STAFE DEPARTMENT OF tNVIRON~.~4ENTAL CONSERVATION PERMIT under the Enviyonmental Comervation Law EFFECTIVE DATE 9/25/87 EXPIRATION DATE{s} 9/30/89 [::]Article 15, Title 5: Protection of Water [~]Article 15, Title 15: Water Supply [~]Article 15, Title 15: Water Transport []Article 15, Title 15: Long Island Welds [~Article 15, Title 27: Wild, Scenic and Recreational Rivers [~6NYCRR 608: Water Quality Certification I-]Article 17, Titles 7, 8: SPDES __ [~Article 19: Air Pollution Control [~Article 23. Title Mined Land Reclamation I~ Article 24: Freshwater Wetlands []Article 25: N Tidal Wetlands N--New, R--Renewal, M--Modification I-]Article 27, Title 7: Solid Waste Management [:]Article 27, Title 9: Hazardous Waste Management [:]Article 34: Coastal Erosion Management [-]Article 36: Floodplain Management I'~Articles 1, 3, 37; 6NYCRR 380: Radiation Control C--Construction, O--Operation, (If Applicable) PERMIt ISSUED tO Sidney & Robert Olmstead ADDRISS OF PERMITTEE 1300 Westphalia Rd., Box 436, Mattituck, NY i 1952 AGEnt FOr PERM~TTEE/CONTACT PErSoN ] TELEPHONE NUMBER I 516-298-4174 UTM COORDINATES NAME AND ADDRESS OF FACILITY (If different from Permittee) LOCAEION Of PROIECT COUNTY TOWN/CITYNILLAGE Mat tituck Creek Suffolk Southold DESCRIPTION OF PROJECT{FACILITY Subdivide the existing property into three lots as toll,s: Lot I - 53,000 sq, ft.; Lot 2 - 40,000 sq. ft.; Lot 3 - 40,000 sq. ft. with each lot containing on existing house and sanitary system. Ail work shall be in accordance wi th the attached NYSEEC approved plan. GENERAL CONDITIONS By acceptance oi lhil permil, the permiltee alree~ that the permit il continlent upon strict compliance with the ECL, all applicable relulations and the ¢onditiom specified herein or attached hereto. t he permittee shall file in the office of the appropriate regional permit administrator, or other office designated in the special conditions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him{her promptly in writing of the completion of the work The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if t he permitte~ has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature, and by whomever suffered arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and desert,- The Dnpartment reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or b) lhe permit was obtained by misrepresen(ation or failure to disclose relevent facts; or c) newly discovered information or significant physical changes are discovered since the permit was issued t he permrt tee is responsible for keeping the permit active by submitting a renewal application, includina any forms, fees or supplemental information which may he required by the Department, no later than 30 days (180 days for SPDES or Solid or Hazarduous Waste Manallement permits) prior to the expiration date. The perm~ttee ~s responsible for obtaining any other permits, approvals, lands, easements and rights-of way which may be required for this project Issuan¢e of this permit by the Department does not, unless expressly provided for, modify, supersede or rescind an order on consent or determination by the Commissioner Any modification of this permit granted by theD ~epaEtmen must be in writing and attached hereto PErM,t Issu^ncE Oate [ ~;~TfS, D'~fiI~ATOr-'~"~ d ADDRESS 9/25/87 Lklfred T. Kellar ldg. 40, SIR~Y, Rm. 2]9, Stony Brook, NY 11794 Page I of :~ N.Y.S. NSFER STAMPS THIS INDENTURE, ,,,adc the 7th day or June , ninet~n hundred and eighty-five BETWEEN ' ' MARy W. MAC NlSH, residing at Box 585, Mattituck, New York (no #) Westphalia Road 11952 asxx0c~xx~ Administr~tri~q]with will annexed of tbelastwillandtest~mcotof Ruth L.W. Satterly ,lateof party of the first part, and Mattituck, New York , deceased, S. idny W. Olmstead, Jr. and Robert Olmstead, residing at Box 436, Mattituck, New YOrk p ty of the s~ond pa~ I WITN~S~H~ that the ~y of the first pa~, by virtue of the ~wer and ~uthorJt iv ' · ~[ ~ wdl and t~t~ent, and~~--~ .... y g en m ~d by ~d last ~/ Count- ~a~ed ~ Y uz~e ~, l~/O a . , olk · ~ ~ , nd in considerat~on of One ($1,00}dolla~ ~,~'/ __, .............. ~id by tbe ~my o{ th~ ~ond pa~, d~s hereby grant and . ~ ~c~c~c un~o ~ne ~rry ol l~g ~co~ ~, [he heirs r forever, o succors ~d ~ o{ the ~y o~ ~e ~n4 ~rt ~ ~L that ~mln plot, pi~e or mr~ o~ 1~4, wkh the buildin~ ~4 ~ mv~ th= ~ . lying and ~Jn~ situate ......... ~ ~n e~, slmate, '~ .'.. * ~c maccxcucK, Town of Southold, Count of rict: y ion.. ~000 Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly'line of Westphalia Road 810.0 feet southeasterly along said line from land of Wm. B. Reeve. Estate, and running thence N.27o 02' 50"E. 509.59-feet to Mattituck Creek; running thence along said Mattituck Creek first southeasterly and then southerly to said northeasterly line of Westphalia Road; running thence along said northeasterly line of Westphalia Road N. 70° 00' 00" W. 270 feet, more or less, to the point of beginning. 18 6 TO,GE.THER with all right, title and interest, if an,, oe t'- ............ roaos abutting the above-described remlses t~ the ~nt~r'~uParty o, m.e I~rst rt of, m .~nd to any streets and a. ed also all the estate which the ~,P~ decedent had a* '~- ,:~_t_be, r~i; ?O,G~?H.,E.R wa!h. the appunena,ces, the estate ther. em, which the.party of the. first part has or has power to conve ' · · · .u,.a_lly_,_o~ b?.v.!rtue of .s?d wdl or otherw,se: TO ~AVE AND TO HOLr, [y~_or_?s .pase .o~ w. bether ,n,d,v,d* ^,ND.the.part~ of the first part covenants tlmt the -~rt,, .,~ .,.- ~*-. _._. ;. .~'cond part torever. wnercoy thc sa~d otemi~es have been i-,~,.-~--.-~ :- - r- ~ ..- ;,,~ ,,.~ parx nas not aone or enffe~ed anvthi'.~ ........ · ~,=,~ ,. any way Whatever, except as aforesaid. ' -----° AND the party of the first part, in compliance with Section 13 of the Lie the?rst ~ will.rece, lve the consideration for this conveyance ami ..,m ~.e~n.~ .La~w, .en, v.e.nants t.hat the party of eratson u a trust tun~ to be annfied first for O' ........ -'e , -_;. ...... ,,,.tn.e r!gnt to receive such consid- ,- ,,- ¥--~,ac ut paying me cost ot the ~mprovement and wall ap 1 the same first to the payment o/the cost of the ira"roy ..... t._, ...... _ ....... ' I? Y The word "party" shall be construed as if it read "parties" whenever the sense o[ this indenture so requires. IN.WITNESS WHEREOF, the party of the first pan Ires duly executed this deed the day and year first above MAR~/W. MAC NISH, as administratrix with the will annexed of the Last Will and Testament of Ruth L. W. Satterly TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN ItALL SOUTitOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the /--/ Land Pre C.O. %- Z-t5197 /-~/ Building(s) Date- January 13~ 1987 /--/ Use(s) located at 1220 Westphalia Road Mattituck, New York Street Hamlet shown on County tax map as District 1000, Section 114 , Block 07 Lot 14 · does{not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Non-Conforming three dwellings. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /~/Land /_~/Building(s) /~/Use(s) existed on the effective date the present Building Zone Code of the To~vn of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's'Office, the occupancy and use for xvhich this Certifi- cate is issue~i is as follows: Property contains 2 one story, one .family dwellings; one two story, one family dwelling with attached garage; and all situated in the A Residential Agricultural zone with access Westphalia Road; a Town maintained road. The Certificate is issued to ROBERT OLMSTED & SIDNEY OLMSTED, JR. (omvner, of the aforesaid building. Suffolk County Department of Health Approval NZA UNDEtlWRITE£{S CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises H_iS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff the premises comply with al! applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. Building Inspector to ® , NO LONG iSLAND