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HomeMy WebLinkAbout5288 APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBE~TIONS AND DETERMINATION Appl. No. 5288 - John Weeqar lho14 IOwa Properly Location: 50 Tuthill Road, Yennecott Park Lot 5, Southold CTM 55-3-21 (unmerged from 55-3-20, Yennecott Park Lot 4). SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property has 327.04 ft. frontage along the west side of an area identified as Tuthill Road, Southold, shown on the January 3, 2000 survey prepared by Anthony W. Lewandowski, L.S. The combined area consists of +-1.10 acres. Existing is a single-family dwelling with attached garage and porch situated 51 ft. from the front lot line, approximately 28 feet from the line between CTM 20 and 21, and centered on the southerly half of the property (CTM 20). The property is shown on Lots 4 and 5 on the filed Map of Yennecott Park. FINDINGS OF FACT BASIS OF APPLICATION: Building Department's November 27, 2002 Notice of Disapproval, citing Section 100-25 in its denial of an application for a building permit for a merger determination. The reason stated in the denial is that the lands are merged due to common ownership at any time after July 1, 1983 with the adjacent lot which abuts with the parcel for a common course of fifty (50) feet or more in distance. The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26 to unmerge: (a) a vacant parcel of +- 24,000 sq. ft. referred to as 1000- 55-3-21, from (b) an improved adjacent area of +- 22,400 sq. ft. referred to as CTM 1000-55-3-20. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - April 3, 2003 Appl. No. 5288 - J. and J. Weegar 1000-55-3-21 (and 20) 1. Lots on the filed Map of Yennecott Park remained on the Zoning Code Exception List until January 1, 1997; CTM 20 and CTM 21 were Lots 4 and 5, respectively, on this filed map. 2. Both Yennecott Park Lots 4 and 5 were acquired by John and Joan Weegar on January 10, 2000 by deed recorded at Liber 12017 page 955, as shown on the November 20, 2002 title search prepared by Peconic Abstract, Inc. 3. Waiver of the merger will recognize the lot lines described for Lots 4 and 5 on the filed Map of Yennecott Park. 4. Many lots in the neighborhood are developed with single-family residences on lots similar in size in Yennecott Park. Approval will recognize a lot consistent with the size of a majority of the lots in this area. 5. Information was submitted by applicant to show that the waiver will avoid an economic hardship. 6. No change is proposed to the natural contours of the land. No information under Section 100-26A(4) has been submitted to indicate possible future environmental impacts or affects to this residential neighborhood. RESOLUTION/ACTION OF THE BOARD: Now, therefore, on motion by Chairwoman Tortora, seconded by Member Goehringer, it was RESOLVED, to GRANT a Waiver of Merger as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Horning of Fishers Island.) T~was duly adopted (4-0). Lydia A. To~:t~a, Chairwoman Approved for Filing 6/~/03 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 20, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, March 20, 2003, at the time noted below (or as soon thereafter as possible): 1:40 a.m. John Weeger #5288 - Applicant requests a Waiver under Section 100-26 to merge a nonconforming parcel identified as 1000-55-3-21 from the adjacent Parcel #10000-55-3-20. Based on the Building Department's November 27, 2002 Notice of Disapproval, the parcels are merged to form one lot. Location of Property: West Side of Tuthill Road, Yennecott Park, Southold. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 25, 2003. Lydia A. Tortora, Chairwoman Board of Appeals FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Moore A/C tfi3eeg~ ~50 Tuthill Road outhold, 11971 Please take notice that your application dated November 27, 2002 DATE: November 27, 2002 For permit merger determination at Location of property 50 Tuthill Road, Southold County Tax Map No. 1000 - Section 5~5 Block_3 Lot 20 Is returned herewith and disapproved on the following grounds: The subject lot has merged with adjacent lot to the north (SCTM # 1000-55-3-21) pursuant to Article II Section 100-25 which states; Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule CC: file, Z.B.A. TOWN HALL SOUTHOLD, NY 11971/ ..... TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined _, 20 Mailto: Approved ,20 Disapproved ~c Phone: Expkafion ,20 Building Inspector .oard of Health sets of Building plans_ Planning Board approval Smwey_ Check Septic Form N.Y.S.D.E.C. Trustees Contact: APPLICATION FOR BUILDING PERMIT Date ,20 INSTRUCTIONS a. TI-tis application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adj oining pr~rnises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Lnspector will issue a Building Permit to the applicant. Such a penmt shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months a~er the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the ext~asion of the permit for an addition six months. Thereafter, a new perm/t shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building perrmt pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections ...... '3/A r (Signature 6f applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders LicenseNo. Plumbers LicenseNo. Electricians LicenseNo. Other Trade'sLicenseNo. 1. Location of land on which proposed w~ork will be done: House Number Street Hamlet CountyTaxMa~No. 1000 Section ~,~'~ Block ,_~ Subdivision ,,/(an ~: .<,, ~ ~--,~ Filed Map N~.' ,,. -- ............ Lot ..2~/ . Lot 2. State existing use and occupanc~ oTpremises and intended a. Existing use and occupancy b. Intended use and occupancy ~ 3. Nature of work (check which applicable): New Building_ Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars use and occupan~yy Addition Alteration Other Work (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Reai Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or Use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO__ 13. Will lot be re-graded? YES __ NO Will excess fill be removed from prmnises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater ~vetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO __ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) /, .. SS: COUNTY OF~-- 7~ // '~Z:?''~ '/gt/(FTC L ~t (' ~'//~ff~---wx-- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing' contract) above named, (S)He is the ,~[/~q4~-~/~ - (C(~tractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to befol~('r~'~this I t~////~-t 200 ~ BERT I. SCot ~ JR. Public, State of New York lifi~ in Suffolk Coun~ ~ No. 01SC472508~_ ~ Term ~pires May 31, ..~ Signature of Applicant APPLICATION FOR WAIVER UNBER SECTION 100-2 6 This review is for lots which have separate deeds recorded prior to 1983 and'undersized. A merger determination has been issued by the Town Building Inspector (copy attache~ ..¢ The zoning of my parcel is presently: f~-ffO The size requirement for this zone is: ~c',~'g'~ per parcel'. County Tax Map Parcel Nos: i000 ~- I (we), as owners of the contiguous lots shown on theattached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. square feet [ hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to JuDe 30, 1983 for all lots· 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. [ understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. (AppliCant afl.wrier)' Sworn to befor)e~e this, (Applicant and Owner) PATRICIA C. MOORE NoNYar y Pub l i c Notary Public, State of NewYork Suffolk County. No. 4861668 Commission Expires June I 6,./~,~~ A Waiver is hereby approved denied (delete appropriate based upon the above documentation. action) Issued by Reasons for application(tO continue on next page). TOWN OF $OUTHOLD PROPERTY OWNER tSTREET FORMER OWNER RECORD CARD !VILLAGE ! ~_~.~ SUB. LOT .~ E W ACR. t TYPE OF BUILDING RES. SEAS. VL. %~ TOTAL FARM IMP. FARM BUILDING CONDITION NORMAL BELOW ABOVE Acre DATE f~ ~* Value Per Value Acre COMM. CB. MICS. Mkt. Value REMARKS Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlo~d DEPTH House Plot [ BULKHEAD Total DOCK July 3, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 5288 - Application for Variance (J. Weegar) Dear Mrs. Moore: Enclosed please find a copy of the Board's determination, with conditions as noted. Please be sure to follow-up with the Building Department and Planning Board Offices for the next step in the zoning review and building application process. Before commencing construction activities, a building permit and other agency approvals would apply. An extra copy of the enclosed determination should be made available by you, if necessary, when submitting final documents to the Building Department. Thank you. Very truly yours, Enclosure Copy of Decision 7/2/03 to: Building Department Linda Kowalski WAIVER OF MERGER ZBA MAY WAIVE THE MERGER AND RECOGNIZE ORIGiNAL LOT LINES UPON PUBLIC HEARING AND UPON F1NDING THAT: (1) THE WAIVER WILL NOT RESULT iN A SIGNIFICANT INCREASE IN THE DENSITY OF THE NEIGHBORHOOD The subject properties are lot 4 & 5 in the Yennecott Park Subdivision. This subdivision was approved in 1968 and was exempt from merger pursuant to former section 100-12. The parcels were purchased by separate deed at different times by Elmer and Dorothy Simonyi. The lot was considered single and separate as an exempt subdivisision until 1/1/97. Prior to having the deeds changed to preserve their status as single and separate Elmer Simonyi died (DOD-11/10/98). The family was unable to avoid the merger. The applicant John and Joan Weeger purchased the property from the Estate of Elmer Simonyi. The Estate advised the clients that they were purchasing two lots but that they would need Town approval to split the property. The split of the lot will not significantly increase the density of the neighborhood. The Yennecott Park Subdivision is substantially developed with very few lots remaining. (2) THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE SIZE OF LOTS IN THAT NEIGHBORHOOD Each lot is over ½ acre and all the lots in the subdivision are ½ acre in size. This subdivision was exempt from merger until 1/1/97. The Yenecott Park subdivision lots exceeded the minimum size requirements of lots in 1968, remains consistent with the development around the Hamlet, and is a well established subdivision in Southold. (3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP The value of lots in this subdivision is over $100,000.00; the applicant intends to have her daughter and her children relocate to Southold and live next door. Her daughter and family could not afford to buy property in Southold. This lot will enable the families to take care of each other, grandparents will care for their grandchildren and the daughter can care for her parents as the parents grow older. (4) THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS AND SLOPES OF THE LOT WILL NOT BE SIGNIFICANTLY CHANGED OR ALTERED 1N ANY MANNER, AND THERE WILL NOT BE A SUBSTANTIAL FILLING OF LAND AFFECTING NEARBY ENVIRONMENTAL OR FLOOD AREAS This property has a large flat area for a house. There is a nice natural buffer and Farm to the North. No change will be made to the natural contours of the land. The subdivision has been served by public water since it was first approved by the Town. (~) COUNTY OF SUFFOLK ,,~,~,~.,~,~ ~ Real Property Tax Service Agency SOUTHOLD 055 A~ YENN£C 07"7- PARK 617.2.1 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART [--PROJECT INFORMATION (To be como[eted by Applicant or Project sponsor) SEQR John Wee_~ ~_r ~oJ~Cr LCCAZIOS: 50 Tuthill Road Suffolk Lot 4 and 5 Yennecott Park Subdivision SCTM# 1000-55-3-21 recognize two lots in subdivision John Wee~er A ggHcam/s~onsor name: .,; "/ ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 LOT WAZVER OUEST[ONNA[RF'e What are the square.footage and dimensions of this lot (:subject of building department mergerapplicatlon): /~,:~'0 s.f. ~7~- fl;.by /~-0 +-fi:. Date of first deed which created this lot: Date of current deed to present owner; Owners' names of lot at current time: Oate and name of subdivision (if any): Size of remaining lot in the merger'. Were there any building permits Issued in the past for this lot: Yes [f yes, please provide copy of former permit and map approved. /zo/7/. NO ./~ W ere there any County Health Department approvals in the past for either lot? Yes/~ No [f yes, please provide a copy. · Were they any vacant land Certificates of Occupancy requesb~! in the past? Yes No ,~. If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees appro, val, or other type of application to build or use the property in any way)? Yes No ×. [f yes, please provide copy (if available), or explain: Is there any building or stnJcture, such as a patio, driveway, or other, overlapping the deeded lot line which separates'the two merged lots? No. % yes [f yes, please explain. How many other vacant lots are on the same block and Immediate neighborhood? /V)r~ Please note other approvals or other information about common ownership of these lots; ! am an owner of the subject lot and the above informalJon is provided to the best of my knowledge. (Copies noted above area~tached ) ...' Owner's SignatureL~ QUESTiONNAiP~E FOR FILING WITH yoUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and an? other individuals (and entities) having a financial interesn Ln the subject pr~mises a~d a description of their iaterests: (Separate sheet may be attached. ) John Wee=er Joan Wee~er B. Is the subject pr-mi~es liste~ on the real estate markm~ for sale or being shown to prosp, ec~ive k~yers? { } Yes {x } No. (If Yes, please at~-ach co~ of "conditions" of sale.) C. Are there any propcsa!s to ch~ge or alter land contours? D. !. Are t, here any areas which conta~a wetland qrssaes2 2. Are the weuland ~_reas shown'on the map s,~hm~ rued this application? no 3.Is the pru.ue~!r buLkheaded between the wet!a_~ds area and the up!and bui~n ar=a~ no 4. if your property contains wen!ands ur pond =-=as, have you contacted the Office cf the Town T_--aszees for ins determiaatlon of jurisdiction? ~s~. ~n h~ b~ (L 7S'~ E. Is ~'~ re depression or s!ou~-~c elevation near the area cf proposed ccnst_--acticn au or ko!ow five fee= shove me:-. sea level? 0~~ (If not applicable, state ".N.A.") F. Are there an.v patios, concrete barriers, bu/_kheada or fences which exist and are not shown on the survey map that ,[cu are submit=//lq? No if none ~_xis%, please s~ate G. Do too have any construction t~?~ng place at this concer~ng .your ur~m~ses? no if yes, please s~!~ 'a of ~!ou-r h~i!~ hq' permit and ma.u as approved by the Department. if none, please state. E. Do you or any co-o%raer also own other land close to parcel? yes -if yes, please ~_xptain where or submit copies of deeds. ~,-~a c r ,'~ t I Please Lis% ur.e~ent use or operations conducted au · reslue~tlal parcel ~ =~ldenuial propose~ use AurL-.cr~zed- Sign~ and Dst- 3/87, ~ = ~' TITLE NUMBER PAC-3439 VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULES. THAT SAID EXAMINATION MADE TO INCLUDE 1012002 AND SAID TOWN TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE IS 1/1/57. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHOLD AND TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY LIMITED UNDER THIS SEARCH IS LIMITED TO $15,000.00. DATED: 11/20/02 SWORN TO BEFORE ME THIS 20th DAY OF NOVEMBER, 2002 NOTARY PUB LIC MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Commission Expires December 16, 20 ~)(/ PECONIC ABSTRACT, INC. TITLE NUMBER: PAC-3439 SUBJECT PREMISES: 1000-055.00-03.00-021.000 JONATHAN H. BOISSEAU MARTHA D. BOISSEAU, HIS WIFE To BENJAMIN B. TUTHILL Dated: 4/3/1891 Recorded: 4/3/1691 Liber 342 page 499 (premises and more) BENJAMIN B. TUTHILL died testate a resident of Suffolk County on 3/3/48. He left the premises to his son, Harold E. Tuthill and his daughter, Ruth H. Tuthill. Ruth H. Tuthill died intestate and without issue on February 11, 1954. HAROLD E. TUTHILL GLADYS M. TUTHILL, HIS WIFE To DONALD E. TUTHILL LORNA E. TUTHILL, HIS WIFE Dated: 1/5167 Recorded: 1/18/67 Liber 6103 page 105 (premises and more) DONALD E. TUTHILL LORNA E. TUTHILL To DOROTHY A. SIMONYI Dated: 1/3175 Recorded: 1/5/75 Liber 7782 page 355 Continued ..... Sworn to before me this 20t~ day of November, 2002 Notary Public PECONIC ABSTRACT, INC. MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Commission Expires December 16, 20 Continued .... SUBJECT PREMISES: 1000-055.00-03.00.021.000 DOROTHY A. SIMONYI died testate a resident of Suffolk County on 4/27/92 leaving her husband ELMER SIMONYI, as Executor. ELMER SIMONYI, as Executor of DOROTHY A. SIMONYI To ELMER SIMONYI Dated: 6/24/92 Recorded: 7/28/92 Liber 11509 page 304 ELMER SIMONYI died testate a resident of Suffolk County on 11110/98 leaving Irene Colletti, as Executrix. IRENE COLLETTI, as Executrix of Of Elmer Simonyi To JOHN WEEGAR JOAN WEEGAR Dated: 1/10/00 Recorded: 2/2/00 Liber !2017 page 956~ (premises and more) LAST DEED OF RECORD Sworn to before me this 20th day of November, 2002. Notary Public PECONIC ABSTRACT, INC. by: (~~. Je~/Anste~, Offi~ Manager MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Commission Expires December 16, 20 ~ TITLE NUMBER: PAC-3439 NORTH AND WEST OF SUBJECT PREMISES: 1000-055.00.03.00.006.001 JOHN C. MOFFAT FLORENCE C. MOFFAT To JOHN H. CARROLL Dated: 5125153 Recorded: 5/27153 Liber 3521 page 489 JOHN H. CARROLL died 5/31/78 leaving Gregory Hamilton Moffat, Sean Carroll Moffat and Brian Howley Moffat, as Devisees LAST DEED OF RECORD EAST OF SUBJECT PREMISES: TUTHILL ROAD Sworn to before me this 20t~ day of November, 2002 Notary Public PECONIC ABSTRACT, INC. BY: Je~~ett, Office Manager MICHELLE VAIL Notary Pubtic~ State of New York No. 01VA4989798-Suffolk County Commission Expires December 16, 20 TITLE NUMBER: PAC-3439 SOUTH OF SUBJECT PREMISES: 1000-055.00-03.00-020.000 JONATHAN H. BOISSEAU MARTHA D. BOISSEAU, HIS WIFE To BENJAMIN B. TUTHILL Dated: 4/3/1891 Recorded: 4/3/1891 Liber 342 page 499 (premises and more) BENJAMIN B. TUTHILL died testate a resident of Suffolk County on 3~3~48. He left the premises to his son, Harold E. Tuthill and his daughter, Ruth H. Tuthill. Ruth H. Tuthill died intestate and without issue on February 11, 1954. HAROLD E. TUTHILL GLADYS M. TUTHILL, HIS WIFE To DONALD E. TUTHILL LORNA E. TUTHILL, HIS WIFE Dated: 1/5/67 Recorded: 1/18167 Liber 6103 page 105 (premises and more) DONALD E. TUTHILL LORNA E. TUTHILL To LEO KWASNESKI Dated: 11/12/68 Recorded: 11/20/68 Liber 6458 page 417 Continued ..... Sworn to before me this 20t~ day of November, 2002. Notary Public PEC~N~ABSTRACT, INC. B 'ea~ stett, Office Manager MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Commission Expires December 16, 20 Continued ...... SOUTH OF SUBJECT PREMISES: 1000-055.00-03.00.020.000 LEO KWASNESKI Dated: 2/4/70 To Recorded: 2/4/70 WALTER W. ALLEN Liber 6700 page 403 RUTH E. ALLEN, HIS WIFE WALTER W. ALLEN RUTH E. ALLEN, HIS WIFE To DOROTHY A. SIMONYI Dated: 5/15/72 Recorded: 5116172 Liber 7160 page 427 DOROTHY A. SIMONYI died testate a resident of Suffolk County on 4/27/92 leaving her husband, Elmer Simonyi, as Executor. ELMER SiMONYI, as Executor of DOROTHY A. SIMONYI To ELMER SIMONYI Dated: 6/24/92 Recorded: 7~28~92 Liber 11509 page 302 ELMER SlMONYI died testate a resident of Suffolk County on 11/10198 leaving IRENE COLLETTI, as Executrix. IRENE COLLETTI, as Executrix of ELMER SIMONYI To JOHN WEEGAR JOAN WEEGAR Dated: 1/10100 Recorded: 2/2/00 Liber !2017 page 956 .~ ~,~2 (premises and more ~)~'~,~l~'~ LAST DEED OF RECORD Sworn to before me this 20t~ day of November, 2002 Notary Public MICHELLE VAIL Notary Public, State of New York h~ OlVA4989798-Suffolk County Cc",, . ~ E×p res December 16 20 PEC~STRA,~. by: /_~ J~/Anstett, Office Manager CONSULT TOUR LAWTRR IEFORE SIGNING THIS INSTRUMEKT -- THiS INSTRUM[NT SHOULD I£ USED IY ERS ONLY )';;, PLEASE D,:i) Till/ INDENTURE. m:.h. Ibc .~ ,]:v ,,f January . ,t ~'u hundw,I n~,] sixty-seven BETWEEN .'L'~HOLD ' ':%2'HILL and 3L~DYS v ~' *~. ~U?HILL, his wife, both residing at Southold, SuffolR Go~y, Now parlv~ffd,, r~ Iarr a"l. D01AL£: ~.= T~HILL audi ' LORNA .,.' TUTHILL, his wife, as Joint ton~nts with tho right of survivorship, both residing ag Southold, Suffolk County, Now York, WITNESSETH. that ll~c party iff t4c l]~-t i,:,rt, It, ~ ~,!l-;d, t::',i~u of ........... T'%~! (~19.9©) ............. dollars, /awful re,racy of thc Unilcd States, ~nd other food and valuable eonsidorationspaid ALL lhat certain plot, piece .r parc-I of laud, ~j~~~~.~ituate, lylngatwlhei,~g~/~ at Southold, in tho Town of Southold, County of Suffolk and State of Now York, bounded and doscrlbod as follows: BEGI~TING at a point marked by a monument on the easterly line of Boissoau avenue (which point is tho northwesterly cox~nor of land of Moshor and now of Songslaub); running thence along the easterly line of Boisseau Avenue, North ~ dogross 3~ minutes O0 seconds ~ ~ast, a distance of 16~.~6 foot to land of Moffat; running thence No~th 83 degrees 16 min- utes ZO seconds East, a distance of 200.0 foot; running thence North 22 degrees 3~ minutes O0 seconds ~Aast, a distance of 103.9~ feet; running thence North 83 degrees 16 minutes 20 seconds East, a distance of foot to a point marked by a post; running thence North 18 degrees 23 min- utes 50 seconds East, a distance of 632.31 foot to a point marked by a monument; running thence in an easterly or northeasterly direction along land now or formerly of Moffat Bros. and along the ~hread of the stream of Arsbamomaque Creek to a point on the shore line of Arshamomaque Crook, tho tie linc of which from tho last mentioned monument runs North 87 de- grees 38 minutes l0 seconds Mast, a distance of 1,237.67 feet; running thence along land formerly of Joseph Booth and partly along land ~ow or formerly of Joseph Blades, South 9 degrees 30 minutes ~0 seconds ~ast, a distance of 798.0 feet to a point marked by a monument, running thence along land now or formerly of Frances K~ukowski, South 83 degrees ~2 min- utes 20 seconds West, a distance of 1,122.41 foot; running thence South 0 degrees 31 minutes ~O seconds West, a distance of 183.8~ foot to a point marked by a monument; running thence along land now or formerly of Florence Moffat, South 88 degrees 57 minu~os 30 seconds dost, a distance of 1,137.5~ feet to ether land of Donald E. Tuthill; running thence in a northerly or northeasterly direction along said land of Donald E. Tuthlll a distance of 13~.24 feet to a point marked by a monument and land former- ly of Moshor; running thence along said land formerly of Mosher, North 22 degrees 32 minutes East, a distance of lO0.O feet to a point marked by a monument; running thence still along said land formerly of Mosher, North 67 deg/,ees 28 minutes West, a distance of 195.0 feet to tho point or place of beginning, said premises being according to survey of Otto W. Van Tuyl & Son dated DocemOer ?, 1954. SITBJECT to Long Island Lighting Co. easement extending through said promises from Boissoau Avmuue to land of Prances Krukowski. CONSULT YOUR LAWYER DEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWyERs ONLY, THIS INDENTURE, ri,adc the le'~""~y of 5ove:;ber , mnclcen hundred and RE~EN 'C,' '~i .. E. TLTM - ". - ...... ,md LO2N,'. ~. TUTI~ILI, his wife, both re: ~ ;n.; .qt BoJsse~u ~vemue, Southo]C, Town of Southold, ~<~ffolk County, New York; uw,,rst part. and L~O K~sASNESKI residing tnt Parish Drive, Southold, Town of Southold, Suffolk County, Hew York; WITNES~ETH, that the party of the firsl part, in consideration of Ten Dollars anti other valuable consideration paid by the party of the second part does hereby grant and release unto the party o£ the second part. the heirs ALL that certain plot piece or parce of and, ~~~ tuate ','i, g andl,ei,,g~ .~t .~o~tholcl, Town of 5out~olcl Coun~~ ~-se of New York, shown ~nd design,ated as Lot No. a, on a certain : . entirleC :2*p of Yennecort lark situ-~re nt Southold, Town of .~*,utholt,~.o Suffolk County, New York",. surveyed by Van Tuyle and Son, . _n?orr, i~e%, York, f;ay 1, 19~8, and filed in the office of the .]erk.~::ofxo.the5187.County of Suffolk on the 9th day of October, 1.6c, %0 covenants mnd restrictions recorded in the Suffolk County Office on the loth day of October~ 1958, in iiber 5&35 3r --J22Lfl with nn e~sement of right of way for all legal purposes 'vet the adjoinin~ streets to the nearest public highway~ but the %'0 tle ros~a~c,' ' streets ts nor hereby conveyed, the party of the first '-qrr reserv]n,g the fee to said streets for the purpose of dedication the s~,'pe to the proper municipality. ....... rty of the first part m ant o aa d prem scs; TO IIAv~PAND TO granted nllto the party of the second ~rt, Iht llcirs or successors and assigns of .' 'r · - 'd *' . I · . ~tt tb.e part) of the first part has not do e or s ffered am lin ', ':1 th~ v [ ~,J' ~;I L.~]t~ Icen. euc~?d,erc{[.~m,~ny, way whatever, except as aforesaid. ' m,t.4 1,ar[ x, HI ~,t~mve ?e consMcr;mon for this mnve 'a ~ce a t vill:bol e'ri~t tn r~?~}2 , · · [ost o~ tne~~qlsing any tort of tile t0tal of h '' IN WITNESS WH~EOF~ the parD- of the first ~rt has duly ex~uted this deed the day and year first a~ve L:-rnn E. Tuthill - S. YOUR LAWYER IIE$ORE SIGNING THIS INSTRUMENT--THIS INITRUMINT SHOULD SE U$1~O BY LAWYERS ONLY. FIHSINDEN~JR~ma, icIhc &~ day o{ February ,ni,,cteenhundred and seventy BE~%VEEN LdO k%4ASNESKI, residing at Parish Drive, Southold, Town of Southold, Suffolk County, New York ;,~rt} ,f the first part, and ~Wb~_TER Wo ALLEN and RUTH E. ALLEN, his wife, residing. ~- .y~"9'~'~6thold, Town o~ Southold, Suffolk County, New York W~H, tlmt the party o{ the fi~t a~,{~ consid~fionf0{%fen.~llars and other valuable consideration pa ~ y t ~e pa~y of t~e second ~rt; does ~e~ g~nt and ~lease unto~the ~y of the s~nd ~ the heirs ,',r successors and assl~s of the party e{ le:'l~ ~R foeever, .. ~;~.; ' A~ that ceftin pl~ ~e or pa~ O{ ~d~th ~e b~?~Mprov~ents thereoR e~ed, situate, tyi,,g =.d bei.g i~.at SouthoZd ~ of ;~th~l~: County of Suffolk, and State of New York; sE ~:and desig~!;.'as :~ No. 4 on-a certain map 'eneitled "-~ ~:~of~ Yannecog~k situate at Souehold To n of Southold, Suffolk CounCy~ N~ YO~ ~ $urvoyed by Van · Tuyle and Spn; Greenp0rt; Ne~.'York,',.~y :i~.?I968, and filed tn the office of the Clerk of ch~ Couney of Suffolk on th~ 9th day of Oct- ober, 1968 as Hap No. 5187. SUBJECT co covenants and r~'strictions reeOrdo d in the County Clerk's Office on the' 10th' day of S:~t0b~r, 1968, 6435 at page 221. BEING and intended to be the s~e pr~mfse~ .eonv~yed to the party of the first part by deed da~ed November. 5%2~,~lg~8~ recorded in the office of the Clerk of the ~O~nty Of Su~I~ 'o~"NoVe~b.~'/0, in Liber 6458 of Deeds at page 417. --':' .' ,, r . ,- -l.L I' ) "l'llF/ wi a r . t, ttleandinterest ilan of the rt : r ar ~ ' . g ) ~ y of4he fi st.p t m a~d. to any stre~s and ~ .,u,. ahmm ~ the alRwe destined premtse$ to the center hn? ther~ig~TOGETHER wRlt the ~ppt Renances aml aH lhe ustate and rights of the ~rty of the first par ~n aud to ~id pr~mises; TO tlA~E AND TO 11~ }[ .I } the ~remis,'s herein granted unto tile party of fl~e second thc [,art~ of the second part forever. ""~ ' ' AND th,' :trw ,,f tile fir,t tort covenants t~t Jhe ~ of thc'~ga'[~ not doue or suffered anyth g ..,.h,n.hv tlw s:iid premises have bee i encumbdred in any Way w~J~l~?elc~t as af~id. ~ ND t]~e lmrtv of the first part, in compliance with 5e~ion 13 ~ ill8 Lt~n ~W ~v~lant$ that the ~rty 0[ ih,. ?'4 part will receive thc consideration fqr lifts ~nv~ance apd:~l.~ld th~ right to.r~eive stroh '' :': · PP' ' ' ~ ~y' g-~ee~t o{tNeimprmment and wi appv dm same tir>t l,~ the ,avment of the cost of the improv~ient ~for~ ~ffan~'~rt-o[ the tOial of the ~e f~r lhe word p:utv shall I,e construed as ii:~?~ "~ies",wh~p~r the sense~of th: :. '~ ,s Inae~tare so r~uires IN WlTN~ WH~OF, the ~rty of the'first'~R ~has~du~ ~ex~a thls deed th¢ day and ~ear fi~t a~ve INDF~ made dm WALTER W. ALLEN and RUTH E. ALLEN, his wife, day o{ May , nineteen hundred and both at Tuthlll Road, Southold~ Suffolk Co~ty, New York party o! the first part, and DOROTHY A. SIMONYI · resldtng at 6 Surrey Road, Great Neck, New York 11020, party of the second par~, r ~/~rlqE..q.~l-[~, that the part), of the' first part, in considerallon of ............. - - TEN AND 00/100 ($10.00) ................ - lawful money of the United $tate~.and other good and valuable consideration ! paid by the part), of the second pari, does hereby grant and rclca~r unh, ibc party -f I r ~ .c ,l successors and assigns of the pariy of the second part f,~rcvcr, ' lying and being il~zl.~X al' Southold, Town of Southold, County of Suffol~ and'; Stage of New York, shown and designated as lot No. 6 on a certain map entitled, t~ap of Yennecott Park sltua~e at Southold, Town Southold~ Suffolk County, New York," surveyed by Van Tuyl & Oreenport~ New York, Hay i~ 1968, and filed in the Off,ce of t{e County of Suffolk on the 9th day of October, 1968 as';' Clerk of the Map Number 5187. SUBJECT to covenants and restrictions recorded in the S~ffolk ~ County Clerk's Office on December 10, 1968, in Liber 6435 of D,~eds,~a~ Page 221. Sub~ect to Reservation contained in Liber 6458 cp'4'..7. ' ,, BEING and intended to be the same premises conveyed by ,eo Kwasneski to-Walter W.~Allen and Ruth E. Allen, his wife, the tellers herein, by Deed dated February 4, 1970 and recorded in the Suf:!olk County Clerk's Office on February 4, 1970 in Liber 6700 of Deeds at page 403. Lot 'i ;}64 R~CEIVED RE. AL FEB 0 2 2000 ~ttSFER TAX SUFFC4.K COUNTY O0 FEB -2 P?J 12:33 ED, .-.,~/{E CLEi~4 OF SUFFOLt{ COUNTY .~, col, y c).9 RECEIVED FEB 0 2 2000 '1) Title Company Information I1( )XILq 5 '111RU 9 MUST BE TYPED O~. PILINTED IN BLACK INK ONLY H/iOR ': 3 RECORDING OR FILING. {OVER) pa~y of lhe seccnd part, WITNESSE~'H, that the par~y of the first part, by virtue of the power and authority given In end by said last '~l -~LL~rTt, as Executor 1.20171 956' TITLE NUME~ER: 641.$-00684 Amended 115/2000 SCHEDULE "A" DESCRIPTION ALL that ca~ain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Seuthold, County of Suffolk and State of N~w York, known and designated as Lots 4 and 5 on a certain Map entitled, "Map of Yennecoff Park", filed in the Office of the Clerk of the County of Suffolk on 5/111968 as Map Number 5187, said Lot.'., being bounded and described as follows: BEGII~IING at a point on the westerly side of T[,thill Road distant 563,29 feet northerly from the comer formal by the interssr don of the northerly side of Yennocott Drive with the westerly side of Tuthill Road; THENCE North 71 d~graes 36 minutes 10 seconds West 175.00 feet Wes' along the division line of Lots 3 and 4 on the above mentioned Map to land now or formerly of Camll and others; THENCE arong said division line, North '~8 degrees 23 minutes 50 seconds East 250.95 feet; THENCE North 84 degrees 53 minutes 50 seconds East 190.83 feet to the westerly side of Tuthlll Road (the portion lying in frrmt of Lot 5 not being open); THENCE along the westerly side of Tuthill Ro~-i, South 18 degrees 23 minutes 50 seconds West 327.04 feet to the point or place of BEGINNING, FOR~ NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Moore A/C Weegar 50 Tuthill Road Southold, NY 11971 Please take notice that your application dated November 27, 2002 For permit merger determination at k~ocation of property 50 Tuthill Road, Southold County Tax Map No. 1000 - Section 5~5 Block 3 Is returned herewith and disapproved on the following grounds: DATE: November 27, 2002 Lot 20 The subiect lot has merged with adiacent lot to the north (SCTM # 1000-55-3-2D pursoant to Article Il Section 100-25 which states; Merger. A nonconforming lot shall merge with an adiacent conforming or nonconfonnine lit which has been held in common ownership with the first lot at an,/time after July 1, 1983. An adiacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule th~ture CC: file, Z.B.A. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/17/02 Transaction(s): Application Fees Receipt#: 121 Subtotal $150.00 Check#: 121 Total Paid: $150.00 Name: Weeger, John 50 Tuthill Rd Southold, NY 11971 Clerk ID: LINDAC Internal iD: 64773 Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide informstion which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (L~st name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATORE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat -- Exemption from plat or official map Other (If "Other," name the activity.) interest' means a business, including a partnership, in ommership of (or employment by) a corporation in which If you answered 'YES,' complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/er describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner Of any interest in a noneorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t~ts/----d~ ~f 199 Print name ' ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December I7, 2002 RE: Zoning Appeal No. 5288 , Transmitted herewith is Zoning Appeal No. 5287 of John Weeger for a lot waiver. Also included is: copy of tax map; survey; Short Environmental Assessment Form; Lot Waiver Questionnaire; ZBA Questionnaire; Applicant Transactional Disclosure Form; Notice of Disapproval dated November 27, 2002; copy of building permit application; variance search; copies of tax bills and deeds. Page 58 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 2:28 p.m. John Weeger//5288 Applicaut rcqucsts a Waixer under Section 100-26 to umncrgc a nonconfimniug parcel idcnti fled as 1000-55-3-21 ti'om thc adjacent Parcel ~ 10000-55-3-20. Based on thc Buildiog Dcpartmcnt's November 27, 2002 Noticc of Disapproval, the parcels are merged to titan one lot. Location ol' Property: West Side of Tuthill Road, Yennccott Park, Southold. CHAIRWOMAN: is someone here who would likc to speak on behalf of thc application? MR. MOORE: Mr. & Mrs. Wceger are here. This is a lot in Yennecott Park subdivision. We are here lbr a waiver of merger. Thc property was excmp! Ii'om the merger provision until '97 Siminoy is the previous owner. Thcy had bought it with separate deeds and untbrtunately the husband passed away and thc property had merged at that time. Hc passed away in '98 when thc Weegcr i-hmily purchased the property fi'om the estate there wasn't time or the condition to allow them to come before this board for a waiver of merger. So they are here today fbr the relief requested. Do you have any particular questions with respect to this7 CHAIRWOMAN: I reviewed the title search on it and what it appears is the merger was created by death in '98 when the husband passed away and it wcnt into the estate. Prior to that these were single and separate lots that were cxcmpt and on the map of Yennecott Park. I think it was lots 4&5. Thc improvcd lots 26250 - it's a merger by death. So 1 really don't have any questions about this at all. MEMBER GOEGRINGER: Who's thc purchaser of the lot when they thc Weeger's bought it? MS. MOORE: Thcy purchascd both so- MEMBER GOEHRINGER: Oh that's where the 252 came fi*om. MEMBER ORLANDO: No qucstions. MEMBER OLIVA: No questions. CHAIRWOMAN: Is there anyone else in the audience who would likc to speak for or against the application'? Seeing no hands, 111 make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION Page 58 of 96 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of John Weegar (Name of Applicants) CTM Parcel#1000- 55 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) Total Postage & Fees [s~mas. A. Feeley and Marilyn Feeley ~,rl/i!~ ~ 95 Long Creek Drive / Southold, NY 11971 (Weegar) Melissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: On the 3rd day of March , 2003, I personally mailed at the Uniied States Post Office in So~thoZd , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. / (S~'gnature) Melissa McGowan Sworn to before me this 3rd day of March ,200 3 / (Nb'taw Public) I~U~RET C. R~I~OWSm ~ Public, State of New't~ No. 4982528 PLEASE list, on the back'~ff'tl'ffg'"'A~ll~A~ ~r~'"~r'"s'l'~e[ of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Thomas A. Feeley and Marilyn Feeley 95 Long Creek Drive Southold, NY 11971 [] Ag .t X /' ~ / ~ iD-Addressee B. Received by (Printed Name) ("i~' Date of Delivery D. Is delivery address dr[ferent from item l ? I--I Y'as 3. er,,i~'EYyr,e [] I nsu rs~.~.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number - (Transfer from service labelJ 7001 2510 0002 9603 6091 PS Form 3811, August 2001 Domestic Return Receipt 102595 01 M 2509 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1 Article Addressed to: Matthew McKiernan and Josephine McKiernan P.O. Box 1637 Southold, NY 11971 [] Agent [] /{,ddm~see C. Date of Delivery D. rem1? r-I Y~s If Y [] No [] Regi Receipt for Merchandise [~] Insured Mail [] C.O.D, 4. Restricted Delivery? (Extra Fee) [] Yes 2 Article Number (~lraRsferfrom$erW¢elabeJ) 7001 2510 0002 9603 6114 PS Form 3811, August 2001 102595 01-M-2509 Subject- 1000-55-3-21 1000-55-3-6.1 1000-55-3-19 1000-55-4-4 1000-55-3-22 John Carroll c/o Maureen Moffat-Wolfe 3810 Denfeld Avenue Kensington, MD 20895 Matthew McKieman and Josephinc McKiernan P.O. Box 1637 Southold, NY 11971 John A. Maietta and Caren Maietta 130 Long Creek Drive Southold, NY 11971 Thomas A. Feeley and Marilyn Feeley 95 Long Creek Drive Southold, NY 11971 PATRICIA C. MOORE Attorney at Law 5 1020 Main Road $outhold, NewYork 11971 Tel: (631 ) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary March 3, 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re: John Weegar 50 Tuthill Road, Southold, NY SCTM~ 1000-55-3-21 and 1000-55-3 20 Dear Neighbor: I represent John Weegar with regard to his property located at 50 Tuthill Road, Southold, NY. He is seeking a waiver of merger for the above referenced properties. Enclosed is the Notice of Hearing and survey of the properties. The hearing on this matter has been scheduled for Thursday, March 20, 2003 at 1:40 PM at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very truly, yours Patrlc±a C. Moore PCM/mm Enclosures LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS TttURSDAY. MARCH 20. 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of thc To~xn Laxx and Chapter 100 (Zoning), Codc of thc Toxxn of Southold. thc folloxxing public hearing ~ill bchcld bx' thc SOUTHOLD TOWN BOARD OF APPEALS at thc Town tlall. 53095 Mare Road. PO Box 117~. Sonthold. Nc~x York 11971-095~. on Thursday, March 20, 2003. at thc time noted bclox~ (or as soon thereafter as possible): 1:40 p.m. John Weeger//5288 Applicant rcqucsts a Waiver under Section 100-26 to unmcrgc a nonconfomfing parcel identified as 1001~-55-3-21 from thc a4jaccnt Parcel #1(}(~00-55-3-2(I. Based on thc Building Dcpartmcnt-s November 27. 2002 Notice of Disapl)roxal. thc parcels arc merged to form one lot Location of Property: West Side of Tuthill Road. Ycm~ccott Park. Southold The Board or' Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing Each hearing will not start earlier than designated above. Files are available for review during regular business hours If you have questions, please do not hesitate to call (631 ) 765-1809 Dated: Fcbruap, 25. 2003 l,xdia A Tortora. Chairx~oman Board of Appeals PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 Harch 6, 2003 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Premises: SCTM: John Weegar 50 Tuthill Road, Southold, 1000 055.00-03.00-021.000 NY Dear Sir or Madam: Enclosed please find the Affidavit of Mailing, four (4) Certified Mail Receipts, Affidavit of Posting and two signed Return Receipt Cards for the above referenced matter. We will forward balance of the signed Return Receipt Cards to you upon our receipt of same. Very truly yours, Patricia C. Heore By: Helissa HcGowan, Secretary /mm Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of John Weegar (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land identified as 1000- 55 3 21 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold , New York, being duly sworn, depose and say that: On the t/' day of March , 2003, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained...i-rC~l, cce for seven days prior to the date of the subject hearing date, w..Cl'~Jd~g~ddat¢ was shown to be March 20, 2003. ,/ r~ ..~..~ L ' '-J-' (Signature) Patricia C. Moore Sworn to before me this ':,"~' day of March , 2003. (Notary Public) *near the entrance or driveway entrance of my to passersby. ,M."LtSSA McGOWAN Notary Public, State of New Yolk No. 4995913 Qualified in Suffolk Coun~ Commission Exp're$ May 4, property, as the area most visible N4tice of Hearing A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, $outhold, concerning this property APPLICATION: WEEGER, JOHN TAX MAP #: 55-3-20 & 21 PROJECT: WAIVER TO UNMERGE UNDERSIZED LOT TIME & DATE: THURS. MAR. 20, 2003 1:40 PM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD- TOWN OF SOUTHOLD- 631-765-1809 FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL ASSESSORS CARD (7 COPIES) CTY. TAX MAP (7 COPIES + 1) INDEX CARD (ATTACH OLD) LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES APPL # ~ TOWN/~g~ [ I LINSPECTION PACKETS COMPLETE LREF: UPDATED NEW INFORMATION