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Home My WebLink About3702 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLO, L.I., N.Y. 119T1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3702 Application Dated December ]], ]987 TO: Mr. William B. Peters in Behalf of OLGA CORDES 1600 Pine Tree Road Cutchogue, NY 11935 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on March 3, ]988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application of OLGA CORDES. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient area and width of two parcels in this pending division of land located at the south side of Sterling Road (Nassau Farms), Cutchogue, NY~ County Tax Map District 1000, Section 104, Block 4, Lots 17 and 18. WHEREAS, a public hearing was held and concluded on February 18, 1988 in the Matter of the Application of OLGA CORDES under Appl. No. 3702; 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 submitted 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: Ii. The premises in question is located along the south side of Sterling Road in the Hamlet of Cutchogue, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 104, Block 4, Lots 17 and 18. 2. The subject premises is also shown on the 1935 Map of "Nassau Farms" (#1179) asLot 48, 49, part of 47, and part of 150, and is presently improved with a single-family dwelling (containing approximately 865 sq. ft. liveable floor area on the first floor). The setbacks of the existing dwelling as exists at the premises have not been furnished by a licensed surveyor or engineer and its location in relation to the proposed division line is unknown. 3. By this application, appellants request the following relief: (CONTINUED ON PAGE TWO) DATED: March 23, 1988T Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N OF APPEALS ZONING BOARD Page 3 - Appl. No. 3702 Matter of OLGA CORDES Decision Rendered March 3, 1988 8. In considering this application, the Board finds and determines: (a) the lot area as exists of 44,000± sq. ft. without the division is not excessive in relation to the current zoning requirements; (b) the percentages of relief requested as to lot area and lot width are substantial; (c) the premises was acquired by the applicant in "common ownership" more than 30 years ago; (d) during November 1971 the lot area requirements was increased by the Town from 12,500 sq. ft. to 40,000 ft. minimum; sq. (e) during May 1983, the lot area requirements was increased by the Town from 40,000 sq. ft. to 80,000 sq. ft. minimum; (f) there is no other method feasible for appellants to pursue in this subdivision, other than variances; (g) significant economic injury has not been sufficiently demonstrated by dollars and cents proof as required by law; (h) in view of all the above factors and the manner in which the difficulties arose, this Board is, under the circum- stances, without authority to grant the variances requested. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the variances requested under Appl. No. 3702 in the Matter of OLGA CORDES be and hereby is DENIED WITHOUT PREJUDICE as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Doyen. (Member Sawicki was absent.) This resolution was duly adopted. lk -6ERARD P. 60E[qRIN6ER,~[~AIRMAN :'.??~-"~T'~7!~'I~ AND FILED BY ~-~ ~OuI~C, LD TOV/I~ CLE~( DATE 3/~/¢~' ~OUB 3: 3r Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code bf the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, FEBRUARY 18, 1988 at the following times: ~ 7:30 o.m. Appl. No. 3702 - OLGA CORDES. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient area and width of two parcels in this pending division of land locatea at the south side of Sterling Road (Nassau Farms), Cutchogue, NY; County Tax Map District 1000, Section 104, Block 4, Lots 17 and 18. 7:35 p.m. Appl. No. 3709 EDWARD AND ORTRUD HANUS. Soecial Exception to the Zoning Ordinance, to establish one new Accessory Apartment in the existing dwelling structure in accordance with the requirements of Article III, Section lO0-30(B), subsection 15. Location of Property: 635 Luoton's Point Road, Mattituck, NY, County Tax Map District 1000, Section 115, Block 11, Lot 3. 7:40 p.m. Appl. No. 3699 EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition(s) To dwelling with an insufficient westerly sideyard setback and insufficient total sideyards. Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17-15. 7:65 p.m. Appl. No. 3607 JAMES O'NEILL and PETER McSHERRY. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two proposed parcels, each with an existing dwelling, located at the corner of the N/s Wiggins Street ana the W/s Eighth Street, Greenport, NY; Map of S. Buel Corwin (1885) Lots 28 and 29; County Tax Map District 1000, Section 48, Block 1, Lot 22. Page 2 Notice of Hearings Regular Meeting February 18, Southoid Town Board of Aooeals I 987 7:55 p.m. TARTAN OIL CORP.: (a) Appl. No. 3633 Sueciai Exception unmer Article VII, Section lO0-70(B) of ~he Zoning Code for approva- of the establishment of a partial self-service gasoline (b) Appi. No. 3636 Variance to the Zoning Ordinance: Articles VI, Section i00-62(B)~ Article Vi!, Section IO0-70(B)~ for an Interpretation of "retail shopping center" ano for sermis- sion to establish convenience store as an accessory to the existing gasoline-service station~ Location of Property: South Side of Main Road: West Side of Marratooka Lane, and East Side of Sunset Avenue, Matti~ucK, NY; County Tax Map District 1000, Section ll5, Block 3, Lot go Zone District: "B-l" General Business~ 8:05 p.m~ Appl. No. 370] CHARLES ZAHRA. Application under Article XIV, Section 142 of tne Zoning Code for a Reversal of Determination of Building Inspector in his Revocation of Building Permit ~!5428Z issued OctobeF 27, 1986. Loc~nion of Property: 140 Pike Street~ Mattituck, NY; County Tax MaD Dietrich I000, Section 141, Block 4, Lot 5- Zone District: "B-I" General Business. The Board of Appeals will hear at sale time and olace all ~ersohs or representatives desiring ~o be heard ~n each of the above matters. Each near~ng will ~o~ start before the time allotted. Written comments may be submitted prior so the con- clusion of the subject hearing. For more information, please call 765-i809. Dated: February 2, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAbS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following 2/3/88 by mail: Mr. William B. Peters, 1600 Pine Tree Roao, Cutchogue, NY 1!935 (Re: Cordes) Mr. and ~rs. Edward A. Hanus~ 635 Lu~ton's Point Road, MattitucK 11952 Lynn Theresa Cahalan, Esq., 12 First St., Box I330, Riverhead, NY 1190l As Attorney for Mr. and Mrs. Edward Betsch William D. Moore, Ese., Main Road, Clause Commons, Mattituck, NY As Attorney for McSherry & O'Neill As Attorney for Tartan Oil Corp. Eric J. Bressler~ Esq., Box 1424, Main Road, Matti~uck~ NY 11952 As Attorney for Charles Zahra Other: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. ZBA Members Individual Files Town Bulletin Boards 11952 TOWN OF souTHoLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL File No ........................ - ........ ·/.~,..~....?..~,'....~..._~......~...: ....... .~~.. ~:~ ~. l./.~ ~ ~T ..... PLEASE TAKE NOTICE that your application dated ...~ ~.. ~ ...... I9 ~. ~.. for pe=it to~t..~ 7~~& ........................................ at Location of Property ;. ~.~ ~ .Q... ~~..~.~ ..... ~~.~ County Tax MapNo. 100OSection . -1~ ...... Bl~ck ...~.¢. ...... Lot /~X~ /~.. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapstr, oved on the following grounds. ~.~...~...~.~..~.. .... ~a.~. :~. :.,.t.. ~ ~. Z..~.:. U..~..~..~...~.. ~~ ..... ~.):~.. ~. ~.~.~.~ ..................................... ........... . ........ Buitd[ng Inspector RV 1180 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONtNG BOARD OF APPEALS, TOWN TOWN OF SOUTHOLD, NE~ APPEAL NO. DATE ..... 1, X~X ....I.,...(~l.g~..C~)~ee..~Name of Appellant ......................... of T82 .................................................. 0 S~_~]~ ~,~i~er Cu~:chogue N. Y. ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ....... ............................. ~ Name of Applicant for permit Street and Number Munic[palil7 State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Re-subdivide 1 LOCATION OF THE PROPERTY .1B.20...Sker. ling..,..Rg&d....C~tghQg. U~ ............................ Street /Hamlet / Use District on Zoning Map District 1000 Secti0nl04Block 04L0t17 &C~n~80wner Olga Cordes Map No. Lot No. Prior O.ner 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.) I 106-20 Article III Section lOg 31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A 'VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to ack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal '..~',~s~, (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeaJ was ( ) request for a special permit ( ) request for e variance and was made in Appeal No ................................ Dated .................................................................... ) x) ) ,s requested for the reason that Lot REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance 104-04-17 is unuseable as a building lot. ]~o~m zB1 (Continue on other side) REASON FOR APPEAL confir~Ued 1. STRICT APPLICATION ~ ,Of:,~eTHE ORDINANCE would produce practical difficuitJe.s or unneces- sary HARDSHIP beca'use Lot 17 does not have sufficient area for a Septic System. A~'d.~s"~0n of land from lot 18 to lo% 17 will provide this area. 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 most other lots have beendevelope~ leaving this lot .to cope with all other well & xseptic system locations. 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because homes in ~he Nassau Farms FiledcM-ap ' f 1179 generally are on lots from 60 ft This Change Would convert ~wo lots from and 166.66 ft to 100ft amdI33 ft dwelling would cretain 56 and33 ft to 100 ft frqntage frontages of 66.66 ft respectivelY. :?he existing side yard distances. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ............. ~..~A,/ ..................... day of.....~..~.....T~'...~...c.'..A. 2~..~:.~.r.~.. .................. 19 Z~7 Notary Pubii~,J OWNER I STREE~ S W DISTRICT SUB. ACREAGE , ~O TYPE OF BUILDING LAND iSEAS, I. VL ]FARM~ IMP. ~ TOTAL I DATE COMM. iIND. ICB. IMISC- , I Est. Mkt. Value · AGE BUILDING CONDITION NEW NORMAL BELOW Form Acre Value Per Acre Tiiiabie 2 Tillable 3 Woodland Swampland Brushle~nd House Plot Total ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK ' "~ , ~., /q _ ~ ~-~ ' /~ i , Porch, ~Rooms 1st Flor Breezeway [ ~ ' Patio ~Rooms 2nd Floor Garage ~ . ~ Driveway I OWN ER TOWN OL~ STREET EOR~v~ E~ OWNER 5OUTHOLD ~ROP~RTY DISTRICT SUB. TYPE OF BUILDING LAND AGE NEW Tillable ] SEAS. IMP. NORMAL VL. TOTAL FARM DATE BUILDING CONDITION BELOW Value Per Acre COMM. REMARKS ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD Tillable 2 DOCK Tillable 3 Woodland ~wamplond Brushlend House Plot Toro I Est. Mkt. Value .SCAL.~ 50 -~ II,CVs. ' DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE Town of Southold Zoning Board of Appeals Applicant: Olga Cordes - Mun. File No.: #3702 S.C.P.D. File No.: SD-88-11 March 28, 1988 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Comission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. The Board of appeals should cautiously exercise its discretionary power in granting such substandard lot area variances which only serve to undermine the effectiveness of the zoning ordinance, alter the character of the area and establish a precedent for the continuance of such a practice. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/sGerald G. Newman Chief Planner Southold Town Board of Appeals NIAIN RnAD- STATE RrlAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT .1. DOUGLASS 'IOSEPH H, SAWlCKI Pursuant to Article XIII 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 IZZ, Section 1OO-31 Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3702 Applicant: Olga Cordes Location of Affected Land: S/s Sterling Road, Cutchogue, County Tax Map Item No.: 1000- 104-4-17 and 18 Within 500 feet of: Town or Village Boundary Line '~ NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed Co6nty, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or 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 Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of requesting ~gR~RR ~ the proposed this pending division of land COMMENTS: Applicant is area and width of two parcels in insufficient Copies of Town file and related documents enclosed for your review. Dated: March 24, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-1809 March 23, 1988 Mr. William B. Peters 1600 Pine Tree Road Cutchogue, NY 11935 Re: Appl. No. 3702 (Variances) - Olga Cordes Dear Mr. Peters: Transmitted herewith for your perusal and records is a copy of the recent findings and determination rendered by the Board of Appeals in the above matter. Yours very truly, Enclosure Copies of Decision to: Building Department Planning Board Town Planner Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission ~C ,I /1~/ 5¢"' APPEALS BOARD MEMBERS GERARD P*GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 December 31 , 1987 Mr. William Peters 1600 Pine Tree Road Cutchogue, NY 11935 Re: Appl. No. 3702 - Olga Cordes (Variances) Dear Mr. Peters: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board Members will be conducting inspections and reviews in accordance with State and local laws prior to advertising this matter for a public hearing. It is requested in the interim that you proceed with the Planning Board in order to obtain their comments only in those areas under their jurisdiction (subdivision elements) which should be submitted to our office no later than the public hearing date. The public hearing on this matter is expected to be about the second Thursday in February. A copy of the Legal Notice as published in the Long Island Traveler-Watchman and Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board By Linda Kowalski /4 TTt~ I/ C_ IUDITH T. TERRY TOWN CLERK ~EGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 December 11, 1987 TO: FROM: Southold Town Zoning Board of Appeals Judil~h T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3702 , application of Olga Cordes for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 Southold Town Clerk To Whom 1~)0 Pi~ Tree Rd Cutchog~e~ N.Y. 119~ It May Concern: December 9, 1987 My Aunt, Olga Cordes, residing at 1820 Sterling Road, has found it necessary for financial reasons to sell Lot # 17 located to the west of her residence~ located on Lot # 18. Lot # 17 was purchased in 1943. These lots can be found on Suffolk County Tax Map 1000-10~-~, filed Map of Nassau Farms, Mar 28~ 1935. This lot was sold in March~ 1987, subject to Suffolk County Department of Health Services, Wastewater Management Section approval for a subsurface sewage disposal system. The application was disapproved because neighboring wells sweeping out 100 ft arcs encompassed all of Lot # 17. Olga Cordes' solution to this problem is to transfer the westerly 33.33 ft of her lot #18 to her lot # 17, reducing lot #18 from 1.17 acres to 1.0 acres. This will provide lot # 17 with sufficient area and distance for a subsurface sewage disposal system. The area is zoned R-tO. Her only other solution is to sell everything and move away. It is my opinion that this is too much to ask of an 81 year old widow. Enclosed please find, Attach. Attach. Attach. Attach. Attach. Attach. Attach. Attach. Attach. Attach. A. Notice of Disapproval from Bld9 Dept. B. Three copies of Form ZB1, notarized C. Three copies of a survey copied from a survey by Otto Van Tuyl. D. A copy of the original survey by Otto Van Tuyl, dated Jan 31, 1935 Of Nassau Farms. E. Notice to adjoining property owners, notarized, with receipts attached. F. ZBA Form 3/8? lk, signed. G. Short Environmental Assessment Form, signed. H. Suffolk County Department of Health Services~ Wastewater Management Section Notice of Disapproval, with plot plan of lot # 17 attached. I. Copy of Deed to lot #17. J. Copies of Deeds to lots comprising lot# 18. Southold T wn Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD February 18, 1988 MEMBER~ GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, S · E · Q . R · A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3702 PROJECT NAME: OLGA CORDES 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 signifi- 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: ~] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval-of the proposed insufficient area and width of two parcels in this pending.division Of land LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Sterling .Road, Cutchogue, MY 104-4-17 and 18 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) The relief requested is not directly related to new con- struction as regulated by Section Section 617.13 for a lot-~ne or area vari~'.ce. FOR FURTHER INFE~LATION, PLEASE CONTACT: Linda K6walsRi, 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 HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the ..Town- of Southold, tlm following hearings will be held by the SO~rlq~ BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAYt FEBRU~ at the following times: ~-~, ~' 7:31)p.m. Appl. No. 3702- ~ OLGA CORDES. Variances to \ the Zoning Ordinance, Article } 111, Section 100-31, Bulk / Schedule, for approval of the / proposed insufficient area and width of two parcels in this pen~,/ ding division of land located at the south side of Sterling Road (Nassau Farms), Cutchogue' NY; County Tax Map District 1000, Section 104, Block 4, Lots 17 and 18. 7:35 p.m. Appl. No. 3709- EDWARD AND ORTRUD HANUS. Special Exception to the Zoning Ordinance, to establish one new Accessory Apartment in the existing dwell- ing structure in accordance with the requirements of Article Ill, Section 100-30(B), subsection 15. Location of Property: 635 Lupton's Point Road, Mat- tituck, NY; County Tax Map District 1000, Section 115, Block ~z 11, Lot 3. 7:40 p.m. Appl. No. 3699- EDWARD AND BARBARA BETSCH: Variances to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule, for permission to construct addi- tion(s) to dwelling with an insuf- ficient westerly sideyard setback and insufficient total sideyards. Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17-15. 7:45 p.m. Appl. No. 3607- JAMES O'NEILL AND PETER M. eSHERRY. Variances to the Zoning Or- dinance' Article III, Section 100-31, Bulk Schedule, for ap- proval of insufficient area,/:'~ width and depth of two propos- ed parcels, each with an existing dwelling, located at the corner of the N/s Wiggins Street and the W/s Eighth Street, Green- port, NY; Map of S. Bud Cot- win (1885) Lots 28 and 29; County Tax Map District 1000, Section 48, Block 1, Lot 22. 7:55 p.M. TARTAN OIL CORP.: (a) Appl. No. 3633- Special Exception under Article VII, Section 100-70(B) of the Zoning Code for approval of the COUNTY OF SUFFOLK ss: 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 Traveler-Watchman once each week for ................... ~. ...... weeks successively, commencing on the ........... fi/. ......... Sworn to before me this .......... -.Y./ ......... day of ...... .¥~f ~t .~5.%~.. ~ ....... 1 9 { ~ ticle ¥11. Section IO0-70(B), for an Interpretation of "retail shopping c6nter" and for per- f~ .~/ mission to establish convenience .f~/C/-v-/-,-~-~-,~ ¢-~ store as an accessory to the ex .................................. isting gasoline-service station. Notary Public Location of Property: South Side of Main Road, West Side of Maratooka Lane, and East Side of Sunset Avenue, Mat- truck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 9. Zone District: "B-I" General Business. 8:05 p.m. Appl. No. 3701- CHARLES ZAHRA. Applica- tion under Article XlV, Section 142 of the Zoning Code for a Reversal of Determination of Building Inspector in his,, Revocation of Building Permit No. 15428Z issued October 27, 1986. Location of Property: 140 Pike Street, Mattituck, NY; County Tax Map District 1000, Section 141, Block 4, Lot 5. Zone District: "B-I" General Business. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: February 2, 1988 BY ORDER OF THE SOUTHOLD TOWN BARBARA FO,~.EES Iqotary Public, State of New Ymk establishment of a partial serf- / BOARD OF APPEALS service gasoline station; and [ GERARD P. GOEHR1NGER, (b) Appl. No. 3636- Variance ~ CHAIRMAN Io the Zoning Ordinance, Art · Linda K0walski, tides VI, Section 100-62(B), Ar~.l Board Secretary NOTICE OF NOTICE IS HEREBY GIVEN. l~rsuant to Secfiea 267 of the Town Law ~d the Code Southold, ..~ hea~ngs will ~ ~d ~ ~OCD TOW~ BOARDI~II~FAL5 ,~ a Regular Meeting ,t~.'.~sthol~ Town Hall, Main R~t~dd. THURS ~1~ l~RRUAR¥ IS, 1~ ~ ~l~-t~ 8 times: LGA CO~[]~. Vaziances lo the flea 100-3'[,~[Sl~[ ,~chedule, for ap-, p~val of.~. -.~j~p~ insufficient pendlng ~ivilit~land locked atth¢ so~th fide af ,~ng Read (Nassan Farms), Caldrons.. NY; County Tax Map Dimia 11~ Se~iea Block 4, ~ '=--?:35 p.m. AI~L No, 3709 -- EDWARD ANb' ORT~U~ H~- Ordinance. to e~[~l~[~ ooe new Ac- cessm7 Apar, me~ ~l the exislin§ dwelling st. mctu~ in secordance with the requL-emeau of A~..ck m, Sec- lion 100-30(B), sub~ 15. Loca- lio. of Property: 6~5 l.~l~ea's Point Road, Matlimd(. N'yI Coamy Tax Map District IO/X~ ~l~liea 115, Bloak 11. Lot 3. ?:4o p.m; ~ I~. :~ -- EDWARD &]~ BARBARA~ and 29; Counly Tax Map District 1000, Seclion 48, Block 1, Lot 22. 7:55 p.m. TARTAN OIL CORP.: (a) AppL No. 3633 -- Special Exceplion under Article VII, S~ction 100-?0(B) of the Zoning Code for approval of the establishment of a par- rial self-service gasohne station, and (b) Appl. No. 3636-- Variance to the Ze~ing Ordin~ce, Articles VI, Seclio~ IO0~2(B), Article VII, Sec- tion 100-?0(B), fo~ an lnterpm~aQon of "mail shopping center" and fo~ permission to establish convenience store as an accessory lo the existing gasohne-service stat/on. Localim of Pro.ny: South Sid= of Main Road, West ,~id* of Marralooka Lane, and ~li Side of Sunset Avenue, Malfimck, NY; County Tax Map Dish'ict 1000, Sec- li~ ll~, Block 3, La 9. Zone Distda: 'B-l" General Business. $:05 p.m. Appl. No. 3701 CHARLES ZAHRA. Applkadon under An/de X1V, Sectinfl ld2 of the Zoning Code for a Reversal of Deter- minaliea of Building Inspector in his Revocation of Building Permit #1542~Z issued October 27, 19g6. Location of Property: 140 Pike StreeL Maultuck, NY; County Tax STATE OFNEWYORK ) ! SS: COUNTY OFSUFFOLK ) C'~rl S/-±lqa Conl-~nt-c~ of Graenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the day of February___ 1988_ Principal Clerk Sworn to b~e ~e this // day of Lot 5. Zone District: "B-I' General Business. ~',IA~Y K. DEGNAN //~ y~ ~ fft~ NOTARY PUBLIC, State of ~ew York ~ E~/~/L, ~~ s~ft,~.. ~,.,~,, .,, Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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~.~/~ -- G'~RA~'~ P. GOEHR~NGER ~'~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk l&O0 Pi~e Tree Road Cutchogue, N.Y. 11935 February 5, 1988 Zoning Board of Appeals Town of Southold Attn: G. P. Goehringer, Chairman Sir: As per your suggestion in your letter of December 31, 1987, we have proceeded with the Planning Board, obtaining their comments. Their comment is that we must prove hardship. Olga Cordes is the owner of Lot #104-04-18, on which her residence is located, and the westerly adjoining Lot #104-04- 17. The development of Lot # 104-04-16 westerly of these two lots in 1987 with the installation of its well and septic system has rendered Lot #17 useless. A septic system cannot now be located on Lot #17 conforming to the 100 ft distance requirements of the Suffolk County Department of Health. The hardship created is unique to this lot and is not self- created. A minor adjustment (line change> will increase the total area of Lot #17 and restore it to its original usefulness. As shown in Appl. No. 3702 - (Variances>, the minor adjustment proposed by Olga Cordes is to transfer the westerly 33.33 feet of Lot #18 to Lot #17. This would provide sufficient lot area for a septic system. This conforms to the existing neighborhood as created by the filing of the Map of Nassau Farms on March 28, 1935 with the Clerk of Suffolk County. Lot #18 on the County Tax Map was originally B 1/2 lots on this map. The average lot frontage on the county map varies from 6? ft. to 100 ft. This lot line change would increase lot #17 frontage to 100 ft. and decrease Lot #18 frontage to 133 ft. The character of the area will not change. There will be no harm to the public because the well and septic system distances will meet the 100 ft. requirements with this change. The Building Department has disapproved this re-subdivision on the basis of insufficient total area. There will be no change in the total area of the two lots. The area of Lot #1 will increase from 10,600+ sq. ft. to 17,300+ sq. ft. Lot #16 area will decrease from 33,400+ sq. ft. to B6,700+ sq. ft. Olga Cordes was widowed in 1986. This has resulted in a reduction in Social Security and the termination of her husband's pension. This coupled with the fact that she must now pay for routine home maintenance has placed her in the position of no longer being able to afford to live in the cottage she and her husband built in 1938. Sale of Lot #17 will alleviate this financial hardship and allow her to continue to live in the home she has lived in for the majority of her life. Two alternatives still theoretically exist for Mrs Cordes. The first is to sell her home. Since her home has only one bedroom (and bunk room), the sale value lies primarily in the land. She could not purchase in Southold Town what she presently has, and also generate sufficient cash to alleviate her financial hardship. The only affordable housing for her is what she already has The second is to mount a class action type petition within the Nassau Farms Property Owners Association to have the Nassau Farms filed map added to the other 53 sub-divisions listed in Para 100-12, Exceptions, of the Southold Town Code. This would have the effect of converting her two lots to @ 1/2 lots. This latter would probably result in a Phyrric type victory in that, at 82~ Olga Cordes might very well not live physically or financially to see this second alternative come to pass. Problems like this could be avoided in the future if the Building Department were to remind applicants for single lot building permits to consider the impact of the location of his well and septic system on adjoining lots. Si.ncerely, William Peters BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Olaa Cordes to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 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) [¢±rcle choice] 1. 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: Nassau Farms Lot 49 3. That the property which is the subject of such Petition is located in the following zoning district: A-Residential 4. That by such Petition, the undersigned will request the following relief: transfer the westerly 33 ft of lot 49 from Suffolk County Tax Map 1000-104-04 lot 18 to lot 17 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought b~y the urjder- signedare Article I Sectionl06-2 and Article III Sect:on ±00-~± [ ] 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 ~ight to appear and be heard at such hearing. Oa,ed: Petitioner 0wners'Names: Olqa Cordes Post Office Addresss:a-z-u~Sterlinq Rd Tel. No. (516) 734-6980 ]]935 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACt{ CERTIFIED MAIL RECEIPTS P 722 p RECEIPT ! P REC! No INSC RE¢ NOT i Cedified Fee Special Deliver Restricted Deli, ADDRESS TOTAL Posta{ ce TOTAL ~ --.---. STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~.t.~T'e_M-O ~ ~ . _ , being duly sworn, deposes and says that on the C/ day of .D~=c- ,19 ~la7 , deponent mailed a true copy of the Notice set forth on the re- verse 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 ~'_ ~, 'r'c H o t'ru ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn t~e.b, efore me this day of ~ ~ . 19 // 'Notary Pt~lic JI~,B¥ &NN CYBULSKJ ~T~RY ~?UBLIC, Sate ol New Yor~, Il. lading m Suffolk County N0 ~8~0 (This side does not have to be completed on form transmitted to adjoining property owners,) (~) In order to ansv, cr tho quontim cF othoF lnvosti~otion~ w~l bo (b) If any qucstlo~ hoe boon onss~ured Ye, the project r~i7 L~ :ml;ul~fJcaz;t and v: (C) ~f all quustions hays been answered Hu It Is ll](ol7 t)'~,t chls ;'ro~,,ct in ~ot 1. Will project result In a ~a/~o physical ct~wo to the project sits or ph) aicall7 niter more than i0 acrco of ~and? .......... 2. Will thoro bo a ~Jor change to any ,uliquo or unuuuni land fo~ found on th~ nit. u? 3.Will project alter or have a larl;u uff.ct on Ga oxis%ln~ body of wutcr? · .... . Will proJoct have a potuntially Cro~awatcr quali~y? · . ....... ~. W~i project ol~iflcnntly, vff,:ct dralnaCo llv'w on fldJaccn~ sitoO? , . · . · . . 6. Will project affect nny thrunt,m.,l -plant or anL~al species? . ....... 7. W~I project rest~t In ~t trajor (UlVnl'Uq uf'!'cCt btm air quality7 ....... W~i prejcc~ havo'a t=Jor effect cn '/i:)'.,.l cha~- 9. Will proJoc~ adversely impact tioy urQ of historic) pro-historic, or onvlronmon~l urea by a local ago:icy? . . . 10. W~I proJuct have a m Jot effect on cxlut~a or future rocreatio~al opport~nitluu7 . ~11. Will proJoct.r~sult' in [a-iJor tr:~ffic 12. %'fill ~roJoct regularly cau:;o -bJ,:cttt)e:tbh~ 1). Will project have any bapact on lmbllc QUESTIONNAIRE TO BE COMP NITH YOUR APPLICATION FORMS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is ans~ered to any questions below, please be sure to depict ~hese 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? · . - : .." ' Yes H~ *b) 3. 4. 5. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~n Code, Ch. 97 for your reference.) Y'es there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level such as patios, foundations, etc? ' Yes Are theFe any exis$ing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground ~evel? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your ownership abutting ~his parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)? State Permit # and Nature: ' Yes Yes Yes Yes Yes 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Town Board Town Trustees County Health Department $~ ~-~¢~. ~_~ Village' Of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purcha'sers and conditions of sale.(from contract). ll. Is new construction proposed in the area of contours at 5 feet or less as exists? 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 the requ!rements of Ch. 97 of the Town Code? 13. Please list present use or operation~i~ ~ondu~ted u~on the - subject property at this time _~'F , and proposed ~t~ I certify that the above statements are true and are being submitted reiia~ fy ~ B?ard~A~als in considering my application. ~ 9na~ure (P,u~c:~y O::~u~) (AuChoriz~d Yes Yes Yes Yes Yes Yes Yes Yes for 3/37 lk · C. § 97-13 WETLANDS § 97-13 TOWN -- The To;vn of Southold. TRUSTEES __ Tho Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19541 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-2~- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently coy. ered with, or which border on, tidal waters, or-lands lying beneath tidal waters, which at mcan low title are covered by tidal watcr:~ to a maximum depth of five (fi) 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 anti ti(lal 'marsh : subject to such tides and upon whiclt ;;rows or may grow some or any. of tile followin~: salt hay. black grass, saltworts, sea' lavender, tall cordgrass, bush, cattails, groundsel, marshmallow and march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland :ts defined in Sub:;ection A(~) and lying w/thin seven- ty-five (75) feet landward of the mo:~t l;mdv.'ai'd edge of such a tidal wethtnd. FRESIIWATER WETLANDS: (i) "Freshwater wetlands" :is defined in Art/cie 2.1, Ti- tle 1, § 2-1-0107, Subdivisions i(a) to l(d) inclusive, of the Environment~d Couservation Law of tho State of New York: and (2) All land immediately adjacent to a' f'eshwaler wet- land," as dcfiucd ill Subsection I?(I) and lying with- in seventy-five (75) feet landward of tile most land- ward edge of a "fi esbx altq' wetland." 9705 W~M-043 SUFFOLJ~UNTY DEPARTMENT OF F ~I~ASTEWATEB ~NAGEMENT COUNTY CENTER, ROOM RIVERHEAD, NEW YORK NOTICE OF NON-CONFORMANCE · / _ RESIDENTIAL This application ts not ~etng processed 'for approval as submitted because ti does not appear to confom with the standa~s and requirements of the Suffolk County Sanitary Code as indicated ~1~: I.~he Installation of a subsurface sewage disposal system(s) is not pemttted when: ~he p~posed system wt 11 be less than 100 feet from neighboring ~11 (s); proposed we11; 4 ' surface waters and/or wetlands. -~The existinq subsoil~ o,, +he ~i.~ conta~rl ,eduow mat, bog, silts, clays or other impervious materials which extend below the groundwater table or existing subsoils in the area are unsuitable for the proper functioning of the system. []]The groundwater or drainage conditions are unsuitable for the proper functioning of the system. []]The population density equivalent exceeds the limit of one .single family res4dence per one-half acre and/or one acre. [] [] [] [] A public sewer system is available. The installation of a private water supply well is not permitted when: A public water supply is available. The groundwater supply in the area is inadequate for individual water supply wells· The proposed well will be an insufficient distance from proposed or existing sewage disposal system{s). The parcel(s) being applied on are apparently part of a realty subdivision or development, as defined in Ar.,~le 6 of tile SuTfoIk County Sanitary Code, which has not been approved by the Department for the method of sewage disposal and water supply. Prior to further processing of the application, it will be necessary that the owners of the overall property file a realty subdivision or development map with this office. Application forms are enclosed. f this matter cannot be resolved, you may request a variance from these standards by applying o the Department's Board of Review {forms and instructions enclosed). Prior to applying to the oard of Review, the residential application must be completed. Ja-J273:7/85 6'C~D'E. I I O.O~ i It' 58,4 ~,4 ' :-L · 0 C-,) THIS INDENTURE, made the day of nineteen hnndred and rort¥-thr%e between RALPH W. STERLING, of Cutchogue, Suffolk County, New York, and part y OLGA CORDES, of S212 - 8Srd Street, Jackson Heights, New York, of the first part, WITNESSETH, that the party i part y of the first part, in consideration of of the second part, .................... ~NE (~'1.00) ................... Dollar~ lawful money of the United States, paid by the part y second part, ALL of the second part, do es hereby grant and release unto the party of the hap helPS and assigns forever, that tract or parcel of land situate near Nassau Point, in the Town of Southold, County of Suffolk end State of New York, bounded and described as follows:- BE~Ig~ING at a point on the Southerly line of Sterlin~ Road at the Northeasterly corner of Plot 150 as shown on "Map of Nassau Farms, situate at Peconic, Suffolk County, New YorK, Otto W. Van Tuyl, Licensed Surveyor, Greenport, N.Y." and filed An the Suffolk County Clerk's Office as end by the Map #117S; running thence Southerly along the Easterly line of said Plot 150, 160.0 feet; thence Westerly parallel to saic Southerly line of bterllng Road 66-~/~ fees; ~hence Northerly parallel to said ~asterty line of Plot 150, 160.0 feet no said Southerly line of Sterling Road; ~hence Easterly along said Southerly line of Sterling Road, 66-2/B feet to the point of beginning. THIS INDENTURE, made the ~0 Cbm~ ~t., New ;~'k day of January , nineteen hundred and thirty-seven , between RALPH W. STERLING, of Cutcho~ue, Sufffolk County, New York, and part y OLGA CORDES, of Jackson Heights, ~b~eens County, New York, of the first part, WITNESSETH, that the part y , part y of the first part, in consideration of of the second part ................... ONE (~1.00) .... ' ................ Dolla~ lawful money of the United States, paid by the part y second part, ALL of the second part, do ss hereby grant and release unto the part y of the her heirs and assigns forever, that tract or parcel of land sltuate near Nassau Point, in the Town of Southold, County of Suffolk and State of Hew York, known and designated as Lot ~[48 on a certain map entitled, "Map of Nassau Farms, situate at Peconlc, Suffolk County, New York, Otto W. Van Tuyl, Licensed Surveyor, Crreenport, N.Y." and flled In the Suffolk County Clerk's Office as and by the Map THIS INDENTURE, made the 2 5rd. , nineteen hundred and thirty-nine RALPH ¥;..~TERLING, of Cutchol~ue, Suffolk 0ounty, New Yor~, , between part y of the first part, and OL~A CORDES, of Jackson Heights, Queens County, New York, , part Y of the second part WITNEaSETH, that the part y of the first part, in consideration of .................. 0i4k (~1.00) ..................... Dollar, lawful money of the United States, paid by the party of the second part, do es hereby grant and release unto the part y of the seco.nd part, her heirs and assigns forever, ALL that tract or parcel of land situate near Nassau ~oint, in the Town of Southold, County of SuffOlk and State of New York, known and 6eelgnated as Lot ~49 on a certain map entitled, "Map of Nassau Farms, situate at Peconic, Suffolk County, New York, Otto 5. Van Tu.V1, Licensed Surveyor, Greenport, N.Y.' and filed in the Suffolk County ClerkIs Office as and by the Map C:ONSULT YOUR LAWYER BEFORE SIGNING THIS_.~TRUMENT-THIS INSTRUMENT SHOULD SE USED BY LAWYERS ONLY THIS INDENTURF~ ma e da)' of May !teen hundred aml sixty-five BETWEEN BEATRICE L. DUDEK, residing at 77 Park Avenue, New York, New York, now known as BEATRICE L. DUDEK HARDY, party of the first part, and OLGA L. CORDES, residing at 248 Dover Parkway, Stewart Manor, New York~ party of the second part, WITNE$SETH, ~at the par~ 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 tbe 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,~~l~il~t~l~tr~~XX~::k'~ situate, lyingandbeingiK~b~ near Nassau Poi~n~/in the Town of Southold, County of Suffolk and State of New York,' known and designated as part of Lot %47 as shown on a certain map entitled "Map of Nassau Farms, situate at Peconic, Suffolk County, New York, Otto W. Van Tuyl, Licensed Surveyor, Greenport, N.Y." and filed in the Suffolk County Clerk's office as and by the Map %1179. BEING more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Sterling Road as shown on said map, at a point thereon marking the division between Lot ~47 and~8; Running thence S. 4° 7' E. Along the said division line a distance of 200 feet to Lot %6 as shown on said map; Running thence along the line separating Lot %6 from Lot %47 N. 85° 46' E. a distance of 33 1/3 feet; Running thence through said Lot #47 N. 4° 7' W. a distance of 200 feet to the said southerly line of Sterling Road; Running thence along the said southerly line of Sterling Road S. 85° 46' W. a distance of 33 1/3 feet to the point or place of BEGINNING. It is the intention of the grantor herein to convey the westerly half of Lot %47 as shown on said map, which said westerly portion of Lot #47 adjoins Lot %48 which is presently owned by the grantee herein. BEING AND INTENDED TO BE part of the premises conveyed in deed made b RalDh W. Sterling to Beatrice L. Dudek, dated July 15, 19{7 ana recorded in the Suffolk County Clerk's Office on August 12, 1937 in Liber 1938 at Pag~ 561. TOGETHER with all right, title and interest, if any, of the part.,, 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 thc premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of tile 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 thc 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. Tl~e word "party" shall be construed as if it read "parties" whenever thc sense of this indenture so requires IN WITNES~ WHEREOF, the party of the first part bas dui), executed this deed the da3' and )'ear first above written. IN PRESENCE OF: Beatrice L. Dudek Hardy