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HomeMy WebLinkAbout5229 r APPEALS BOARD MEMBERS �� �SVFFOL4-C �G Southold Town Hall Lydia A. Tortora, Chairwoman y& 53095 Main Road %Gerard P. Goehringer ; ti z ; P.O. Box 1179 George Horning ;O 47$ Southold,New York 11971-0959 Ruth D. Oliva `;y4k, �O��r'� ZBA Fax(631) 765-9064 Vincent Orlando =.1 * 1', .i Telephone (631)765-1809 http://southoldtown.northfork.D net BOARD OF APPEALS RECEIVE TOWN OF SOUTHOLD � � FINDINGS, DELIBERATIONS AND DETERMINATION 9 o "„[ MEETING OF MARCH 12, 2003 JUL 1 2003 Appi. No. 5229— ESTATE OF MARIE HILLER �• 2/44/ 4.4(.4 Street and Location: 125 and 165 Bungalow Lane, Mattituck 1000-123-3-2 outhold Town Clerk PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the north side of Bungalow Lane in Mattituck. The property contains a total area of 49,479.27 feet, identified on the Suffolk County Tax Maps as 1000-123-3-4.1 and 1000-123-3-2. Existing is a one-story frame dwelling 62.2 feet from the front property line facing Bungalow Lane and an accessory garage situated in the front yard at 17.3 feet from the front property line, all as shown on the August 27, 2002 survey, revised January 15, 2003, prepared by Stanley J. Isaksen, Jr., L.S. BASIS OF APPLICATION: Applicant's July 19, 2002 request for a merger determination, by way of a building permit application to locate a new dwelling, was denied by the Building Department on July 19, 2002, for the reason that the CTM Lot 2 has merged with an adjacent lot to the east (1000- 123-3-4.1) pursuant to Section 100-25, and the lots have been held in common ownership during a period of time after July 1, 1983. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26, to unmerge CTM #2 of 18,447.59 sq. ft. and 75.05 ft. road frontage, from CTM #4.1 of 31,031.68 sq. ft. and 125 ft. road frontage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this matter on December 12, 2002 and January 16, 2003, at which tie written and oral evidence were presented. Based on all testimony, documentation, personal observations of members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The title search prepared by Fidelity National Insurance Company July 11, 2002, indicates that Raymond A. Miller and Marie T. Hiller, as Tenants by the Entirety, purchased the house lot in a deed recorded at Liber 3679 page 421 and on 11/9/1962 purchased a 50' x 300' section from William and June Barker. Subsequently in 1970, Marie Hiller separately purchased CTM 2 as recorded in Liber 6770 page 397. 2. Raymond A. Hiller predeceased his wife Marie which, due to common ownership, resulted in a merger of tax lot 4.1, improved with a single-family dwelling, with vacant tax lot 2, to form a lot of at least 40,000 sq. ft. 3. Grant of a waiver of merger will not result in a significant increase in the density of the neighborhood or district containing single-family dwellings. The grant of this waiver will provide for future construction of not more than one dwelling with single-family occupancy. • Page 2—March 12,2003 ZBA Appl. No. 5229—Estate of M. Hiller 123-3-2 at Mattituck 4. Grant of a waiver of merger would recognize a lot that is consistent with the size of lots in the neighborhood. The neighborhood and district is well-developed with single-family residences, and consists almost exclusively of older lots that do not conform to the R-40 (40,000) minimum for this zone district. The 18,447.59 sq. ft. size of the vacant lot in question is equal to some, and smaller than others, but it is clearly consistent with the average size of lots in the neighborhood and district. 5. The waiver will avoid an economic hardship for Marie Hiller Estate. 6. Waiver of merger will allow for construction of one single-family dwelling on original deeded lot, which will not result in a significant increase in the density of the neighborhood. There will be no need for significant change in its contours or slopes, and no evidence was presented to suggest that the lot would require filling affecting nearby environmental or flood areas, or to suggest that its natural details, character, contours or slope would be significantly altered in any manner. 7. The waiver would recognize the original lot lines as set forth in the deed originally creating this lot. BOARD RESOLUTION: NOW, therefore, on motion by Chairwoman Tortora, seconded by Member Goehringer, it was RESOLVED to GRANT the requested Waiver of Merger, SUBJECT TO THE CONDITION that the future building expansion shall not extend beyond the code setback limitations and without additional relief, and as shown on the January 15, 2003 revised survey prepared by Stanley J. lsaksen, Jr., L.S. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates 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, and Orlando. This (Absent were: Members Oliva and Horning.) This Resolution was duly adopted (3-0). odir dia A. Tortora, Chairwoman 6/3d/03 MS FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 19, 2002 TO: Gary Flanner Olsen A/C Hiller , PO Box 706 Cutchogue, NY 11935 Please take notice that your application dated July 19, 2002 . Z 3 For permit merger determination at Location of property: Bungalow Lane, Mattituck, NY County Tax Map No. 1000 - Section 123 Block 3 Lot 2 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the east (SCTM# 1000- 123-3-4.1) 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 osple requirements." uthorized Signature CC: file, Z.B.A. TOWN OF SOUTHOLD es BUILD APPLICATION CHECKLI BUILDING DEPARTMENT Do have or need the following,before applyi TOWN HALL Board of Health SOUTHOLD,NY 119713 sets of Evading Plans TEL: 765-1802 Survey PERMIT NO. Check Septic Foam N Y.S.D.E.C. Trustees Examined ,20 Contact Approved 20 — Mail to: Disapproved a/c 71,1i ---r` Phone:7 b -- () /,Air t Building Inspector i 1iiI __._ -,..-T-. t 1 APPLICATION FOR BUILDING PERMIT, i c` ` ` 182002 •j �J Dam 7/18/02 20 INSTRUCTIONS a.This application MUST be convletely filled in by typewriter or in ink and submitted to the Building Inspector with 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 adjoining premises or public streets o 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 Inspector will issue a Building Permit to the applicant. Such a permi chill 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 a Certificate of Occupa is issued by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit 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 necessaryinspections. , . 4. d4,41,/..at - ..404 .--,,,A, •1 ignaturo of applicant or name,if a corporation) 95 ,, gsavof applicant) Cutchouge, N.Y.11935 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder owner (Executrix of Estate of Marie T. Hiller • Marie T. Hiller 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 License No. Plumbers License No. . Electricians License No. • Other Trade's License No. 1. Location of land on which proposed work will be done: Bungalow Lane Mattituck, N.Y. House Number Street Hamlet • County Tax Map No. 1000 Section 123 Block 3 ».. , • Lot ,1�"( iouse parcel) Subdivision tu)..kr:ao 11.. '�o rw\h Filed Map No. '''�':'. Lot' 1 /V3 (Name) . --- State existing use and occupaniteranises and intended use and occ; t of proposed construction:- a. Existing use and occup �� applicant seeks determination of merger-seeks to b. Intended use and occupancy i,,,;,a ts4 tat 9 Nature of work(check which applicable):New Building_ Addition Alteration Repair Removal Demolition Other Work (Description) Estimated Cost Fee (to be paid on filing this application) If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures,if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories. Dimensions of entire new construction: Front Rear Depth Height Number of Stories • Size of lot Front Rear • Depth • 1. Date of Purchase. Name of Former Owner . Zone or use district in which premises are situated • . Does proposed construction violate any zoning law, ordinance or regulation: • . Will lot be re-graded • Will excess fill be removed from premises: YES NO. . Names of Owner of premises Address Phone No. • Name of Architect Address Phone No Name of Contractor Address Phone No. . Is this property within 100 feet of a tidal wetland? *YES NO • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED . Provide survey, to scale,with accurate foundation plan and distances to property lines. . If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 'ATE OF NEW YORK) SS: )UNTY OF Suffolk) Suzanne Lee Smith being duly sworn; deposes and says that(s)he is the applicant (Name of individual signing contract)above named, executrix of Estate of Marie T. Hiller deceased He is the (Contractor,Agent, Corporate Officer,etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; t all statements contained in s. application are true to the best of his knowledge and belief; and that the work will be formed in the manner set . i the application filed therewith. om to before me this 18 day of _ 20 02 , 0/122 ,3,/i-yZurd,<_, otary Public Signature of Applicant GARY FLANNER OLSEN Notary Nob020L2959600ew • York • • Qualified in Suffolk County Commission Expires March 30, /0 °0 i� 3 - TOWN OF SOUTHOLD PROPERTY RECORD CARD / - 3 OWNER STREET ) L.,....\5 VILLAGE DIST. SUB. LOT //i/ /rizn c / --I, / , , /- r)-1' /44 / el-; e ' DEscki6E-) TFORMFR OWNER N E ACR. ,/ L' / ` ec- f , 1 <C A A 1 C,r4,4A':" S, 4.(/� Yer4k 0.900 1 S HiA ley- W TYPE OF BUILDING i , _Ev' -2 v,'v Al ;1 it, i',':' s"i` _ �3 U(V ;L 0 ' �N �! e t �, :. r,�.. / f" v---64/2,y ES. �y(� SEAS VL. FARM COMM. CB MISC� Mkt V ue� ei/ezr 'pp jD IMP TOTAL DATE REMARKS / ? � � 0 I) 0 ,''� / ten © .2-'p a L% Ill&'/73 Solo 444,60o. E. ! F. " r ,� fl u uio unf o �.c'c- r�'� �r / e,c) 4 , , 4 ( U c v 4,6.4--A //),.. 7.2i C #/` so° ` ?// / L . Q �7� dc��6 � ` h714 �f- .d. 7a �Gf)7� ,f'_' �>u� GoG J �l 4� 7 # Do j`�//e? /7-g ?1,3193 - 9P2 I ',,-� .. - cc pie�`, a ``'-4 r- . i is` �y1,$.; r-,-� 4-N�, -- 2 ?©� 4 500 72.04 ,I 112/ 't4 7o0 6o0 0 ,7o O it 2-4/T to AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre e)1\1 �-Rtck /02 S � � /4 °° = o? oo o 111 ,3,j 14uebC --• ov 1Ro4D 1-2.-S" ° / /GOo -- /h o0 ilia 2 .L7 o5 illable 3 � /j / Voodland wampland FRONTAGE ON WATER ✓' 2 s .' /( • _ rushland FRONTAGE ON ROAD 4E zip._ + .,1-76louse Plot DEPTH v It it � e.... .......,•. BULKHEAD • oral DOCK . r ,ge - , COLOR 1'.. . TRIM iliu.0. ....7..„ ir---wow— I 1 f —1/6' + t .-a`. I i I \\1 ()IA Ali _ �� '�Foundation Bath I Dinette I M. Bldg. ? i °u ve, G � LTi` b " ' C 5 , / Extension S �� w 41 Ca CJ 1 Basement F L, G G-- Floors �' E K Extension MEIN Ext. Walk ti s . ;, r Interior Finish Lt.14,!G,4' e./..,f— LR. Extension Fire Place /V e) Heat a•r�a DR. ,: Type Roof Rooms 1st Floor a� BR. n ` c '" / Rooms 2nd Floor FIN. B. Por Iy•t l(C t' L! 90 11 E .a a:. ‘tiry1 Garage / D 11 - 3 7 t i v 0 8 Patio O. B. Total •- ...� 1t i k .gym '"" .kr,,p te:i„,.. c_ -7 -:_-> ) ...., TOWN OF SOUTHOLD PROPERTY RECORD CARD /0-0-0 - /2 3 -- -3'- 2 OWNER s STREET /-2 -.)' VILLAGE DISTRICT SUB. LOT .:fo,„,,,,„.(.._ FORMER OWNER N L., E ACREAGE ii Ntax.."- , 5 e_1) 7 S W 4, . TYPE OF BUILDING ScA/kAl/CKL: RES. $// SEAS. VL. ' FARM I COMM. IND. CB. MISC. _IUD_ __I IMP TOTAL DATE REMARKS 00 /; /5l 8 4-v-4/. '‘,),, rr ,- • e..s..-75... / ,,_ L-.) () A._ L) ,...) / , 1--2- c.)/7 / // / I -,.) •,...) / 1 ' O 6 i 0 /.2 7:-. '''-...,- .--/ 'AGE BUILDING CONDITION «i NEW NORMAL BELOW ABOVE arm Acre Value Per Acre Value g- 6 Till 1 ' ------ Tillable 2 /4./e„,,, 7.5 ' ...k..c..1.4)- -1-1-1,..cro l.,6; ,/ 4' '''' Tillable 3 Woodland Swampland Brushland - , I ..—, House Plot I . ,.1, \ - ---- . _:......_ _ Total - - , / - /.� 3 -3 - TOWN OF SOUTHOLD PROPERTY RECORD CARD n— 23 OWNER STREET Z7 VILLAGE DISTRICT SUB. LOT up1^27 ;4 . \.` - ,,_a 1� -' a- ^ . il Air/ C cl).,e.2_ FORMER OWNER N E ACREAGE s e _ ,, /I , , oe, ,..... W TYPE OF BUILDING RES. A ,1 D SEAS. I VL. FARM �' COMM. IND. I CB. I MISC. -- i IjIE IMP. TOTAL DATE REMARKS 1 `` o ,-/e/ `' / /c-�= �� c- is • / 8 o C9 / 3 c c j _t-7) 6 4 e06 li°/v/ 1-- :v- / JJ-- -:' J ;// ,:) .5"9 a 0 I /4)//2- /7,3 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tile 1 Tillable 2 — Tillable 3 -1-- Woodland 1-Woodland Swampland Brush IaTt$ " v House Plot • -+ ----- — I - --- — — Total I — ¢ Ar.Qe* ��A a7, v .ins� a! ��s 3v t ♦S Y / ' 3 .„..4,1,„ �� �1,.:,..--_,::-.�y„y 3.c--.¢f 1Ct to T, � �-�7 ...e.„ S.. s�R I 201 II a.. l�lc��11 .tea #. 1 11 ���' ill — wyyj ....,. ...._...„-- . ,.,. 7� " � ., s i . !�' .W b it I ,- ..- -.,.4...--.„ ...„ ., ,4.. , M Bldg ; . .2 s Foundation r( '. Bath / Extension N. Basement : // Floors N--,___ Extension Ext. Walls C�y;y l�s� Interior Finish �, /� K sion Fire Place �j O Heat / r porch Attic Porch Rooms ]st Floor Breezeway Patio Rooms 2nd Floor Garage - - '. i J ' 3 (rj� Driveway O. B. ;. .. - a 5' � '29 V' 4TOWN OF SOUTHOLD PROPERTY RECORD CARD „ i OWNER STREET/L VILLAGE DISTRICT SUB. LOT 1ov(el--7/71i--- i) ,,,k,„\"....o., _Ajis tiv--„lc , --1---,\azt , ? c•-FORMER OWNER ;4 IS - / _ n E ACREAGE 44) i ' W TYPE OF BUILDING-- ' ' 1 ' SP atke- . lr' - / ESJo SEAS .0 D IMP VL. TOTAL FARM DATE COMM. REMARKS .. ., IND. CB. MISC. 1 ,.--/ -, . /I- / , 6/j2 ' Sr; - .`"-17 -• :--;'" 0 f .... - .--, / 3 6 a - ...,' A ,,....) .. , 4-- 2 a a Vq/ -% 2- (tfr/4,2-17:t inev 2Cv7\o 4:i' - 5err' -r te, 14; Ifo st (S-0 >( 7>c, ,- /3 a o //,:.--L , ) ) L5—,r0 0 / •.,,- /0 //R.Z7 ' 2A5/q?"- ei d0 .(cd(-0,/c ,7/./6As) AGE BUILDING CONDITION NEWI NORMAL BELOW ABOVE / c: .5!-- X 3 e 0 (0, / e =22-) _:.._ 2 .2 s---c, rm Acre fl Value Per Acre Value illable 2 liable 3 'oodland vampland -ushland ouse Plot )tal (-7 _ ..,,.. ,.. ,,,-- , _.0,;.,... ,_, sig..,........:-,,$- -12, ' '5;;•,4 44 ' r•,;,;:,:-..f?:._..-..-.4•A . r - 1 , ,t.- • dlli :,•a .'• •,,%.1.11,,I.Z=,,,l;•.14, -:, ,;,,...,„.,,,-...4f.0.3 ' -- a<413 \ ''"'' s*--r."1111W-- "•'-',.'i.',.. .; , , ,,,,„ , ,)- ..°.• ,„ — 1.4...... ,s_., ,,,,,,..,,:„.....,.10.4-0-„,_ ,,,,, _,,,,,,:air_s„.....*4.2., A-, .2 '. ' •", . t Ili': - tAar # -Jr.cttVIIIAIIIF w . - 7.-, :4-2-- r - -,1 ,, •••'-, 1.4' "1-....,- NAIR 41:6"-"-,...42S. - 11 /... o rG r-7` ', 7{, ,2,:2 L _ ...5., - - -,. i ,4T,. mr ark -.., - ..,,:' -• —,....., ..4-: , — , 1 \ ;----r / I7,9 8 ( r • -,--c , ,i,orvilille, Jim ,XI ---, ••- 13' / 3 ,( j: t112_ - „, — ?-(3 II _ ,- , ' -----,%2' :,.:-..i4%.':,,-- - -=,--4_,----:"-- r ..,r,"'—' -e-ce:-^i-. .•'""`"--...a, . .-',$;*".7-. .-,-;,..4.4' — .,..,-r,, , -,,,-.:.7.7.:.3.—'t'''A!..%,'.,,:tr: 22. ,2,2 x ' r — . _ . r- •, _ — _ I . / • I , , Bath / j5i,--ty, • ! c 1 (_ r., i 7‘..i.. Ccig 1 ,4 2Foundation- Basement r . Floors ---n/C---1 1 , El- , ' xtension 1., „ - yr // / ,. .5 e) 9 0 1,ttension 1) /11 u— , - - /3 ) Ext. Walls , i , Interior Finish x ) ,..) , r-- , I p , Hecnt i• , •,--v.-:,.. , Eli ion • , .. (1 'L - / ._ 6-.-i / 5-7 3 Fire Place (` ei ', , ,•- • •,. ' Porch, -, • , Attic eg „. _1 1-61 .fr•-•-t Porch) Rooms 1st Floor - ,..., Breezeway Patio Rooms 2nd Floor _ -, ,. - Driveway )K -1 ' Garage /a _ _ _ , A / 36 ,) ( --1 0. B. APPEALS BOARD MEMBERS ,,o,�0��$VFFP(/•C Gy Southold Town Hall Lydia A. Tortora, Chairwoman ; o= 53095 Main Road Gerard P. Goehringer ti Z P.O. Box 1179 George Horning O Southold,New York 11971-0959 Ruth D. Oliva ='4� a0�'�el ZBA Fax(631)765-9064 Vincent Orlando = l �;�'' Telephone(631) 765-1809 J http://southoldtown.northfork.net A,bis BOARD OF APPEALS TOWN OF SOUTHOLD July 1, 2003 By Regular Mail and Fax Transmission 734-7666 Gary Flanner Olsen, Esq. Olsen & Olsen, L.L.P. P.O. Box 706 32495 Main Road Cutchogue, NY 11935 Re: Appi. No. 5229 — Lot Waiver (Hiller) Dear r. n: Enclosed please find a copy of the Zoning Board of Appeals lot waiver determination, with conditions, rendered at its meeting of March 12, 2003 and filed today with the Office of the Town Clerk. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals would be necessary. A copy of this determination has been furnished to the Building Department for their permanent records and update on its Notice of Disapproval. Thank you. Very truly yours, ( x-da r�C is 4Jc t. Linda Kowalski Secretary Enclosure Copy of Decision 7-1-03 to: Building Department WNSMISSION VERIFICATION REPORT TIME : 07/01/2003 14: 39 DATE,TIME 07/01 14:37 FAX NO./NAME 7347712 DURATION 00:01:43 PAGE(S) 03 RESULT OK MODE STANDARD ECM p" (� Q`{`,/ ZONING BOARD OF APPEALS 1/\ 3 TOWN OF SOUTHOLD ( 631 ) 765 - 1809 FAX ( 631 ) 765 - 9064 FACSIMILE TRANSMITTAL SHEET TO: a://1/01 ) �y,.� n FROM: ,; COMPANY: DATE: FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 3 6 9- 4l o.Fv 3 RE: - YOUR FILE/REFERENCE: ECil4- cit't 49 ❑ URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY❑ PLEASE RECYCLE NOTES/COMMENTS: 611 Aadilater-H 4C6) A-fr-4"4C21-1d ,(,„; yez, &IA Ate_t_trit Ltra /7 oLo O 3). tAA__7(..x. "16 At /"4- 53095 MAIN ROAD P.O. BOX 1179 SOUTHOLD, NY 11971-0959 40, ), . ' RECEI3 ,ID 0 ADAM B. GROSSMAN APR 1 7 2003 ATTORNEY AT LAW ZONING 60AN0 OF APPEALS P.O.BOX 155 120 COURT STREET RIVERHEAD,N.Y.11901 TEL(681)787.4800 April 15, 2003 PAR(681)869.4080 Southold Town Zoning Board of Appeals Attn: Lydia A. Tortola, Chairwoman Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971-0959 SENT BY FAX TO (631) 765-9064 AND BY REGULAR MAIL Re: Estate of Marie Hiller Application to Southold Town Zoning Board of Appeals Application number 5229 Dear Ms. Tortola: I am writing to you in connection with the above referenced application before the Southold Town Zoning Board of Appeals. I am attorney for Walter Kane and Mary L. Kane who are owners of real property directly adjacent to the applicant. I appeared on my client's behalf at the January 16, 2003 public hearing date in connection with the application. It is my understanding that a resolution approving the application with conditions was adopted at your March 121h, 2003 ZBA meeting. However, while there was a vote, a written decision had not been completed as of that date, and was still being prepared subsequent to the meeting. I am writing to you to ask that you fax or mail a copy of the resolution adopted by the Southold Town Zoning Board of Appeals to my office at your earliest convenience. In addition, I would very much appreciate your providing my office with the date the decision was filed at the Office of the Southold Town Clerk. Your attention to t► s request is very much appreciated. yo s, Adam L. Grossman ABG:ag cc: Walter Kane and Mary L. Kane 04/15/2003 09:37 ATTORNEYS 120 COURT STREET -t• 7559064 NO.300 D01 , REC�E1�/��► ADAM B & OSSMA AIMEST AT LW APR 1 5 2003 P.O.BCZ MB xea own man ZONING BO E1VEIH AD,N.Y.]1901. ARD OF APPEALS T1Z(01)717.11100 1AX($1)44090 FAX TRANSMITTAL COVER SHEET DATE: X2003 Y.lME p.m. TELE NUMBER.;. iaiii- . NilyIBER 4F P ES I CLG HI TR6NSMITTAL 5., F PI EASE CALL AD'M : 'OSSMA SQ. IT 63 iWS 7-4200 OR FAX TO 83'S lak 0:S H•UsULO TH- REB (Y P.eBLEM ��- sue �..,...�.-.-- 0't 4 9--P Kik , , L__4___LL....,,c-z-f______ . , •11 ENTS: rr diew ir f comorr- HARD COPY TO W7 E NO 6: CONFIDENTIALITY NOTE The documents accompanying this fax transmission s intended only for rmatithe use of the on which is confidential and/or legally privileged. The information specific individual or entity named on this transmission sheet, If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any actionhocuments should be returned to the law n reliance on the contents of this fax's information is strictly prohibited, and that t office of the Adam B. Grossman, Esq. immediately. jn ttis recgrd, ifJyu have received this tel notify ThL.L .iw Grossman. a.,_a 31)7ZZ-A200 by teiejnhone i ll (y, 04.'15/2003 09:37 FITTORNEYS 120 COURT STREET -y 7659064 NO.300 002 • \, / C._ a\ (<\I. .. , ADAM B. GROSSMAN Ammer AT WM P.O.aMIPA 180COURT szIM ItIVISPRZAD.ICY 11801 m(O1)78741101) April 15, 2003 tut tesla se ws° Southold Town Zoning Board of Appeals �. Attn: Lydia A. Tortola, Chairwoman Southold Town Hall 53095 Main Road P.O. Box 1179 Southola, N.Y. 11971-0959 SENT BY FAX TO (631) 765-9064 AND BY REGULAR MAIL Re: Estate of Marie Hiller Application ro Southold Town Zoning Board of Appeals Application number 5229 Dear Ms.Tortola: I am writing to you in connection with m attorney for Walter Kanethe above Ceer application® ond Iv1a yL Kane o Southold Town Zoning Board of Appeals who ore owners of real property directly adjacent to the applicant. I appeared on my client's behalf at the January 16, 2003 public hearing dote in connection with the application. it is my understanding that a resolution approving the application with conditions was adopted at your March 12th, 2003 ZBA meeting. However, while there was a vote, a written decision hod not been completed as of that date, and was still being prepared subsequent to the meeting. I am writing to you to ask that you fax.or maii a copy of the resolution adopted by the Southold Town Zoning Board of Appecly to my office at your earliest convenience. In addition, I would very much appreciate your providing my office with the date the decision was filed at the Office of the Southold Town Clerk. Your attention to thi- request is very much appreciated. 1 l / 'fie i y y rs, Mom :. Grossman ABG:ag cc: Walter Kane and Mary L. Kane GUARANTEES INDICATED HERE ON SHALL RUN SURVEY OF ONLY TO THE PERSON FOR WHOM THE SURVEY DESCRIBED PROPERTY IS PREPARED, AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY. SITUATEW LENDING INS GN ES IFLISTED NG IN, AND EEP HOLE CREEK MATTITUCK, T011 N OF SOUTHOLD TO THE ASSIGNEES OF THE LENDING IN5177UTlON. GUARANTEES ARE NOT TRANSFERABLE TO N.Y.DDITIONAL INSTITUTIONS OR SUBSEOU£NT OWNERS. SUFFOLK C 0 U NTY, 1 UNAUTHORIZED ALTERATION OR ADDITION TO THIS PRO H WATER LINE TL//� q rF SURVEY IS A VIOLATION OF SECTION 7209 OF X H I G //7 Q THE NEW YORK STA TE EDUCATION LAW. AP S, SURVEYED FOR: RAYMOND WEATHERS COPIES OF THIS SURVEY MAP NOT BEARING 57..E k.5:. BARBARA HILLER WEATHERS THE LAND SURVEYORS EMBOSSED SEAL SHALL N 76 1$0 S 89'14'28"E 49 40' 2A, NOT BE CONSIDERED TO BE A VALID TRUE WELL E 2�� 7— `S R,).�8., COPY N 35' 7 27. o � 774i �' ON 1S AUGUST 2002 X EN-CONSULTANTS DEFINEDBY •� = _ _ _ _ _ GUARANTEED TO W��jNDS �' i �_ RAY WEATHERS I — EL _ — -- EL. — — 1.-1 BARBARA HILLER WEATHERS n n EL / — Jb• 1�` / ` TM#1000-123-03-002 N/F KANE �1• / / i EEL 10 RESIDENCE EL. e .../ ZONED R-40 i FOR SCDHS USE ONLY 7') CESSPOOL -- / EL. 12 — — ELEVATIONS SHOWN ARE IN 1929 NGVD O i i -- i -37 — — — n ,::::' EL i4 — i-� -70 + .4 ;y I CESSPOOL 3 ro m(9-- — PROP. '''30- 37 .3 O 9. SEPTIC Q O _ TANK �e� TO 0 N el- T6 N/F HILLER O .� s avo°Fssp o ` p O- RESIDENCE 70 3 9 OQp��O� ro O a n�h QCL, pk,,G 0 J \ c�J�p PROP O EL zeaCt. = o� CESSPOOL ��,-;`,/� �L.•IB N/F HILLER \ To +750' TO FD PROP WEED X18'+/- •O- C�� Gj WELL AND CESSPOOL 2.-/e, 404, PROP CE550OL4 \ WELL EXISTING A8 • keR°p \ O EL. 20 CI•QS' N 6.,>,4.2 4 06§' Pym - 10 TEST HOLE �0��r42 00 0e� -3- NO' . 1V 1/4 5- Pip O ip TEST HOLE BY MCDONALD GEOSCIENCE \, : DONE ON 6 NOVEMBER 2002 LoiY1• \\\ `,, Oo ,, ORIGINAL GROUND DARK BROWN LOAM OL 1.0' ,:--f /-,� BROWN CLAYEY SAND SC SURVEYED: 27 AUGUST 2002 *s %so,, Fo 3.5' \\ lob MpN SCALE 1"= 40' \ F� � S `mss j� •00 AREA = 18,447 59 S.F. L J� T� OR 1 �/ 0.423 ACRES PALE BROWN FINE SURVEYED BY 0 WELL TO MEDIUM SAND SP STANLEY J. ISAKSEN, JR. P.O. BOX 294 NEW SUFFOLK. N.Y. 1195: RESIDENCE 631 -734-5835 RESIDENCE / / CESSPOOLS I�. l I., ` 0 0 CENSER LA 0 SURVE/i _ 17 0' 1 26 NOV 02, 15 JAN 03 NYS Lic No. 49273 02C1166- 1 -TONING BOARD OF APPEAL r ' Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskiTown.Southold.ny.us or Paula.Quintieri(aTown.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: / 1/ c /2002 REF: Hearing Date: // /6 1°3 Appl. of J 9 Litthn ( x ) Info attached for your information and review. Thank you. Pages attached: s Edna R. Tonnesen 50 Bungalow Ln. Mattituck,NY 11952-2202 ,42ety,_ 1 F&) e:d?t1-t, 6 ot 2-fue, rtiv-amac. � c r A.„-a_e_. c7,0-1-7-Lt zrnti /rtud-- 711. /?-41e, cz,/ KAMA) - 77L-(2-4ee -Acz.oL?, - ec;&L-- .4 2 A-0--rx-e& fLe-rx),ZrcuL /01-(Leve a-tid (/,y-ta/Ld/6, i { f January 5, 2003 Re: Estate of Hiller Waiver of Merger To Whom It May Concern: I have no objection to the waiver of merger regarding the above mentioned Hiller estate. Very truly yours, / 1-6,1.„L / o At7 Denise A. Whelan l,e. ZONING BOARD OF APPEAL C i Town Hall Office 53095 Main Road 4j' P.O. Box1179 Southold, NY 11971-0959 Email: Linda.Kowalski(a,Town.Southold.ny.us or Paula.Quintieri(a�Town.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent a.:-tp,1 I bc"'7dlW 6�a DATE: ( / /6 /2002 REF: Hearing Date: 11 U.),/ 6 ? Appl. of l� A `-ni • (x ) Info attached for your information and review. 4-2&• C� 1 it.i.eic_ /rs iti 7 c�,/,mac �.i ./..-4,4_062-1 , a s8. Thank you. , 1 f� 737- 77/L Pages attached: I . 40 go,,--1-0-1,0,41141q 12/18/2ee2 1E:27 516875@772 PATRICIA DELI° PAGE 02 a (1)) )\ WALTER end MARY L.KANE �o Pod Washington,NY11050 516-767-2682 Fax 0 516-767-0180 December 10,2002 Zoning Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 Attention: Linda Kowalski Dula Quintieri Dear Mx Kowalski and Qeuntien. 'This is Board Meeting at Town Mali scheduled for Thursday, 8Appeals the Killer Estate''Project Lot Waiver to December��,2002 at 7:30 regarding Un ." We are the owners of the acljoiuing property(1645 Marratooka Road, Mattittark.) As of the writing of this letas we have not received a.written/or other notification of this meeting (We happened to see the sign on the Rifler front lawn yesterday.) As per town code Section 58-1 Subsection C,owners of record of ung properties are to receive notice by Certified Math,Retunn.Receipt Requested pasted at least seven(7)days prior to the meeting date. As aitch,we would lie to receive a postponement of this item to a ftdw a elate,as we need to consult our family counsel to better understand the proposed action. You can reach us at 10 Reid Avenue,Port Washington,NY 110.50,Phone number 516- '767-2682 16- 767 2682 and Fax number 516-767-0188. Thank you for your attention to this tatter. Yours truly, Mary L. Kane Walter Kane cc: David Kane 12,'19/2002 16:2+ 5168760772 PATRICIA DELIO PAGE 01 WALTER std MARY L.KANE 10 Reid Aven*e Port Washington,NY 1100 FAX TRANSML TAL DAT: o DQ 'v ct aS e. /MO P/tfr TO: :/AIM 4() _.c1/.0/e1( FAX 11: 3/- V 1l 7001 FROM: 01-9X.y /P UE FAX A: ,.37.4 76 TELEPHONE#: S"l'6i - // 7- 2 NUMBER OF PAGES INCLUDING THIS ONE:_„„_,, ot . MEMO: �"Er-7—E/C /61/;-( /2),0401 GUARANTEES INDICATED HERE ON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY SURVEY OF IS PREPARED, AND ON HIS BEHALF TO THE DESCRIBED PROPERTY TITLE COMPANY, GOVERNMENTAL AGENCY, LENDING INSTITUTION, IF LISTED HEREON, AND SITUATE TO THE ASSIGNEES OF THE LENDING INSTITUTION. MATTITUCK ADD HE AL ASSIGNEENS II S ONSRORSLENDING SUBSEQUENT OWNERS. TOWN O F S O I.J TH O L D WATER 4/N SUFFOLK COUNTY, N.Y. HIGH UNAUTHORIZED ALTERATION OR ADDITION TO THIS P p0)(. E SURVEY IS A VIOLATION OF SECTION 7209 OF AP THE NEW YORK STATE EDUCATION LAW N 76 1g 57 E S 89'1428"E 49 40'S`S2�F, 7,/,., °<4'z<•• O�F,O THECOPIES LANDFTHIS SURVEY MAP SURV£YORS EMBOSSED SEAL BEARING SHALL N �� 35? E �" T SVJ-�&' O 6b SURVEYED FOR: RAYMOND WEATHERS 9T(� F BARBARA HILLER WEATHERS NOT BE CONSIDERED TO BE A VALID TRUE — - F COPY. �N C'fFFxr 11;r (V) FO� N"-D o GUARANTEED TO 1• 9, �F RAY WEATHERS 1:5 N _., BARBARA HILLER WEATHERS - O� PGS Obi 5* N 4� /0� N�� ��� r\Cp. N P O� 0� 5 i") :�� \t-- 4c/ �� p� 0 X00 ,5N• GAF.::::::7 � P-23 o � -73 0 rk cj00 GPS P ,00 „c s I A0' ,` .o o D° JP P�� •.\h ,00 i' S rx \ c.�o oc • }7. �. . e� 4�5��o mac? `t GREs to 7/e FO 2 \• O. 1 Co w( ERS g ` MO Q sz7 ~J •• \� UTILITY - ° 8 gs N s,42 7, FSO PGS 7. POLE/- - P��c� O� p PO CY' `0, of ` �i i J j /A lJ�T •os ^ / \� OVERHEAD Y T`' •'771 N ��� 6� .5t ^ DRIVE co`v �%� WIRES OTY O / I , �/ O w iiir 1 / 00 FO\�` G7 lib12 •O MoN 1 SURVEYED: 27 AUGUST 2002 O V SCALE 1"= 40' UTILITY AREA = AS SHOWN POLE SURVEYED BY STANLEY J ISAKSEN, JR. P.O. BOX 294 NEW SUFFOLK N.Y. 11956 631 -734-5835 / / // ' ENSED AN SU EYOR NYS Lic No. 49273 02C1166 • _ le 4.1 5j J WW1)) OLSEN & OLSEN, L.L.P. .J ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net October 16, 2002 Re : Estate of Hiller Waiver of Merger REF: # 5229 To Whom it May Concern: Enclosed herewith please find a copy of the ownership search done by Fidelity Title in re the above application. Please advise as to when we are on the calendar. Ver tr y yours, GA'Y FLANNER OLSEN GFO:dwo HAND DELIVERED TOWN OF SOUTHOLD BOARD OF APPEALS OCT I 7 410111 TITLE NO:43235 District : 1000 Section: 123 . 00 Block: 03 . 00 Lot : 002 . 000/004 . 001 OCT 17 Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds : SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County ' Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above- captioned property has been in single and separate ownership Marie T. Miller and his/her predecessors in title since prior to 4/23/57 except as follows : (see attached chains of title) . The liability of the Company is limited to the amount of the fee paid. Dated: July 11, 2002 FIDELITY NATIONAL TITLE INSURANCE COMPANY Marie Pag-k Sworn to before me this 11th day of July, 2002 Notary Public JUNE SCOTT Notary Public,State of New York No.4793043 Qualifiedin Suffolk May kl ount 3 Term E'tPns ///,/ ses 411es TITLE NO.43235 • STATE OF NEW YORK) ss : COUNTY OF SUFFOLK) Marie Page, being duly sworn deposes and says : That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises : SCTM 1000-123 . 00-03 . 00-002 . 000/004 . 001 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/23/57 . SUBJECT PREMISES: 1000-123 . 00-03 .00-002 .000 Elliott Van Brunt Vurgason, Liber: 2701 cp 470 Howard Vurgason, Emma Johnson, Dated: 05/01/47 John A. Tandy, Mary J. Brown & Rec ' d: 05/05/47 Maria W. Tandy (Easterly part of premises) - , to 7 Albert Schwicker & Julia Schwicker, his wife Mary J. Brown, Maria W. Tandy Liber: 2808 cp 577 John A. Tandy, Howard E. Vurgason, Dated: 02/10/48 Elliott Van Brundt Vurgason, Rec ' d: 03/22/48 Emma Johnson (Westerly part of premises • to and more) Albert F.Schwicker & Julia Schwicker, his wife Julia Schwicker, surviving spouse of Liber: 6770 cp 197 `�- Al Schwicker a/k/a Alfred F. Schwicker Dated: 06/30/70 • b�` to Rec ' d: 07/09/70 Marie T. Hiller LAST DEED OF RECORD FII Y NATIO TITLE INSURANCE COMPANY BY: � . Marie P e Sworn to before me this 11th day of July, 2002 Notary Public JUNE SCOTT Notary Public,State of New York No.4793043 Qualified in Suffolk County Term Expires May St, ��3 i / SUBJECT PREMISES: 1000-123 .00-03 . 00-004 .001 ' William P. Scholl, Jr. Liber: 3528 cp 468 to Dated: 05/20/53 William L. Barker, Jr. & Rec ' d: 06/10/53 June K. Barker, his wife (Easterly part of premises) Al Schwicker & Julia Schwicker Liber: 3664 cp 125 to Dated: 02/17/54 Raymond A. Hiller & Rec ' d: 03/16/54 Marie T. Hiller, his wife (Westerly part of premises) Albert F. Schwicker & Liber: 3679 cp 421 Julia Schwicker, his wife Dated: 04/12/54 to Rec ' d: 04/16/54 Raymond A. Hiller & Marie T. Hiller, T.E. (Westerly part of premises) LAST DEED OF RECORD William L. Barker, Jr. & Liber: 5267 cp 85 June K. Barker, his wife Dated: 11/9/62 to Rec ' d: 11/20/62 Raymond A. Hiller & Marie T. Hiller, his wife (Raymond A. Hiller, deceased, Surr. No. 269-P-1973) LAST DEED OF RECORD PREMISES WEST: 1000-123 . 00-03 . 00-001 . 000 Mary J. Brown, Maria W. Tandy Liber: 2808 cp 577 John A. Tandy, Howard E. Vurgason, Dated: 02/10/48 Elliott Van Brundt Vurgason, Rec ' d: 03/22/48 Emma Johnson (Easterly part of premises) to Albert F.Schwicker & Julia Schwicker, his wife FIDELITY NATIONAL TITLE INSURANCE COMPANY BY: Marie Pa Sworn to before me this 11th day of July, 2002 Notary Public JUNE SCOTT Notary Pubic,State of New York No.47930.43 Qualified in Suffolk County Term Ecpiros May 0106 011/ i . There is a break in the chain. No deed into Evelyn Audioun on • record. Evelyn Audioun Liber: 7501 cp 224 to Dated: 09/28/73 Peter Cecere, Jr. & Rec 'd: 10/02/73 Mildred Cecere, his wife Peter Cecere, Jr. & Liber: 8503 cp 449 Mildred Cecere, his wife Dated: 09/21/78 to Rec ' d: 09/25/78 Walter Kane & Mary L. Kane, his wife LAST DEED OF RECORD PREMISES EAST: 1000-123 . 00-03 .00-005 . 000 John A. Tandy, Maria W. Tandy, Liber: 2641 cp 330 Mary J. Brown, Emma Johnson, Dated: 09/12/46 Elliott Vurgason & Howard Vurgason Rec ' d: 10/28/46 to William L. Barker, Jr. & 1, June K. Barker, his wife LAST DEED OF RECORD PREMISES SOUTH: BUNGALOW LANE PREMISES NORTH: GARDINER'S CREEK/DEEP HOLE CREEK (SAME) • FI LITY NATION TITLE INSURANCE COMPANY BY: (s. _ e Marie Pag Sworn to before me this 11th day of July, 2002 Notary Public JUNE SCOTT Nutury Public,State of New York No.4793043 Qualified in Suffolk County Term E:cpires May '01, a ti L -� l s`Z` SEE SEC. NO. 115 . 4 N O 4 O 9 c�7 cct 4 O MATCH Z0 l 220s ' / Jf/ -r Y 1I-, / eVetl! y .0452i / 41 3 .9,,,, , I wit., ! O . , - %cp.& :., as.1), / ri, /sir / -t 4:4.1r / 00 r 48� ! 4 Cl (4) `- rSa `' �'/ f f isi 12S G / ijir (7) r/ t ..- # s) 49 zit 44,4" + ' 0$ 156 SO 75 ., , 1:2-cl' S Z Ai Do � 15. '35 kSQ*1 ;IP 0 165 0 4i? 14;3 6E4 ., -epo.... IS 1, • 1.10 '. 1 IS en cr;S _mom 103 L __ /V/ ao #r) 40 VC APPLICATION FOR WAIVER UNDER SEC ON 100-26 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 attached) . The zoning of my parcel is presently : R0 The size requirement for this zone is : 40,000 square feet per parcel'. County Tax Map Parcel Nos : 1000 123 - 3 - 2 Suzanne Smith aas Executrix of Estate of Marie Hiller I (we ) , , as owners of the contiguous lots shown on the attached 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 . I 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 June 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 . I 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 . ( Appli nt and Owner ) Suzanne Smith • (Applicant and Owner ) Sworn to before - this 2002 /f- day of August ^, GARY PLANNER OLSEN Notary P u. i s Notary Public,State of New York No 020L2959600 Qualified in Suffolk County Commission Expires March 30, A Waiver is hereby approved denied (delete appropriate action ) based upon the above documentation . Damon Rallis Southold Town Building Dept. Issued by Reasons forapplication ( to continue on next page). zbata.w1295 IN APPLICANT ' S REASON #1 : I Suzanne Smith am the daughter and Executrix of the estate of my mother Marie Hiller who died on5/30/02. My parents Marie Hiller and Raymond A. Hiller purchased tax parcel 1000-123-3-4.1 on November 9,62 (Liber 5267 cp85) . Said parcel is improved with my parents house. My mother purchased tax parcel 1000-123-3-2 on 6/30/70 in her own name. Said parcel is vacant. My father predeceased my mother and accordingly both parcels merged by death, • Said parcels are lots on the subdivision map of Marratooka Farm Bungalow sides filed on 5/7/1914 File # 19. Said parcels are creekfront. My sister would like to •pu •chaser tax lot ,2 to construct a residence. APPLICANT ' S REASON #2 : To grant the waiver of merger would not increase the density of the area and both tax lot 2 and 4.1 are is keeping with the size and shape of other lots in the area. (PLEASE USE ADDITIONAL SHEETS if needed . ) • 41110 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 19, 2002 TO: Gary Flanner Olsen A/C Hiller PO Box 706 Cutchogue,NY 11935 Please take notice that your application dated July 19, 2002 For permit merger determination at Location of property: Bungalow Lane, Mattituck, NY County Tax Map No. 1000 - Section 123 Block 3 Lot 2 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the east (SCTM # 1000- 123-3-4.1)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 requirements." / r Authorized igna CC: file, Z.B.A. • • LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department merger application): I8 44-).s4 s.f. 75 ft. by 300 +- ft. Date of first deed which created this lot: 6/30/70 Date of current deed to present owner: 6/30/70 Owners' names of lot at current time: Marie Hiller Date and name of subdivision (if any): p/o Marratooka Farm Bungalow sites 5/7/14 #19 Size of remaining lot in the merger: 125X300 approx 37500 s.f. Were there any building permits issued in the past for this lot: Yes No x If yes, please provide copy of former permit and map approved. W :ere there any County Health Department approvals in the past for either lot? Yes No x . If yes, please provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes No x . 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 approval, or other type of application to build or use the property in any way)? Yes No x . If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. x Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? ^.O Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: August ,2002 Owner's Signature ZBA5/17/99 Suzanne Smith 410 • QUESTICN21AIP.E FOR F'ILI2NG wITH YOUR Z .S.A. APPLICATION A. Please disclose the names of the owner( s ) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Estate of Marie Hiller B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes ( X ) No. (Sf ves, 1.11 , art-=rh corm of "condi-4e-ins" of c.=1 e.. ) . C. Are there o.L.uuas71n -tm r4TArge tl aster 1�„r crn c z? ( } Yes ( X} No D. 1. Are there any areas which contain n wetland grasses? qcs;hi 2. Are the wetland areas shown on the map sn.bmiteed with. y this application? 3 . Is the property bulk-headed between the wetlands area and the upland building area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the o atri --�`clf bo cub mtteddete*minat=on of jurisdiction? PP E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above me=n sea level? (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers , bulkheads or fetor c which P-7-ict. and are not shown an the survey map that you pr= submitting? ‘ 31 ;114- If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? no If yes , please submit a cop_v of your building permit and map as approved by the Building Department. If none , please state_ H. Do you or any co-owner alsd own other land close to this parcel? no If yes, please explain where or submit copies of deeds_ I. Please list present use or operations conducted at this parcel n/a and proposed use 'AUc c Sar''=r? anc Dac 3/g7 , to/?07 'c Q ' I • a § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold_ TRUSTEES — The Board of Trustees of the Town of • Southold- (Added 6-0-84 by L.L. No.. 6-1984) WETLANDS [Amended 8-26-76 by LL.No.2-1976;3-25- 85 by Li..No.6-1985) �- �1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on. tidal waters.or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. .bogs, salt marsh. swamps, meadows. flats or ocher low lying lands subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordg ass, high bush. cattails, groundsei. mrarsitmRllnw and low marsh torus .anular • (3) All land immediately-adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland- ' B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2:-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of ;' v York; and (2) All land immediately adjacent to a "freshwater wet- land-- as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a-freshwater wetland.' 9705 t-:5-as r 0 ' APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAHE: Estate of Marie Hiller by Suzanne Smith Executrix _ _ (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity , such as a company . If so, indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance Variance X_waiver of Merger Change of zone Approval of plat Exemption from plat or official map Other ( If "Other , " name the activity . ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO x If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her 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 noncorporate entity ( when the applicant is not a corporation ) ; C) an officer , director , partner , or employee of the applicant ; or D) the actual applicant . DESCRIPTION OF RELATIONSHIP rs Submitted tt is ) 5 day of August,2002 7 Signature (�,�,,,�;, ,.--mut � Print name Suzanne Smith Executrix W Town Of Southold P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 10/09/02 Receipt#: 512 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 512 Total Paid: $150.00 ,g-- it git Name: Hiller, Estate Of Marie T Suzanne H. Smith Exec. 955 Pequash Ave Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:63319 41111• Sc .2r , GARY FLANNER OLSEN ATTORNEY AT LAW ASSOCIATE DAVID WORTHINGTON OLSEN ATTORNEY AT LAW PO. BOX 706 ■ MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 631-734-7666 FAX 631-734-7712 September 24, 2002 Re: Estate of Hiller Waiver of Merger Our File: # 7785 To Whom it May Concern: Enclosed herewith please find the following: 1) Application for Waiver of Merger 2) Lot Waiver Questionnaire 3) Questionnaire 4) Check payable to Town of Southold in the sum of $150 . 00 5) Notice of Disapproval 6) Survey 7) Copies of deeds located at : liber 3664, page 125; liber 5267, page 85; and liber 6770, page 397 8) Tax Map 9) Enlarged tax map showing improved parcels in area identified as " I" for improved. I have sent the original plus six sets of entire submission. Please schedule this on the next available calendar. Thank you for your consideration. Very my yours, , ARY LANNER OLSEN GFO:dwo HAND DELIVERED Town of Southold Zoning Board of Appeals Suffolk,NY ,2000-2001-1000-123-00-03-00-002-000,Sheet:1 0. IPI3 V s 441 . /9 S/ rlt)Clii\ -., . ' : ,.' , S 0 0 . a l'*, 1-4 0 4.1.?. 3- N, i &P. .k6 N. >< 2 t.PC� .10 @ N &42 tc% 9 a, N )-1 Cry L( % r4 ,,_ g N., )4,- --,,,_ . ‘ <z ., 4 az g 01 00 i 61 Joct \-\ ' OA ''::-. (---) '4? , r w �, ..-1 ee C-c , 0 v) ,...., it . ,, 0 CP i . 003sO isN tsj CP M 1yCTI N zo N ilkli 624 vzo'5' J [ r)40 N•••,,s% e in 9 �1 N CD _ tISI V.i l`3 Page 59 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER OLIVA: Yes. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? CHRISTINA SERIANAS: I think it enhances the place. We and all of the neighbors have no objection to this. We think it's very pretty. MEMBER OLIVA: It's just a matter of code. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands I'll make a motion adjourning this hearing until 6:50 February 6th ***** 1:47 pm Appl. 5229 -Estate of MARIE HILLER. This is a request for a variance under section 26 to unmerge 2 merged parcels, one being the northerly(vacant 123-3-2)portion containing 18,447 sq. ft. of land area proposed for a future dwelling, and the other being southerly 31,031 sq. ft. portion(improved 123-3-4.1)based on the Building Department's July 19, 2002 Notice of Disapproval determining that this property has merged due to common ownership after July 1, 1983 (May 1, 1983). Location 125 & 165 Bungalow Lane, Mattituck (described land). CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? GARY FLANNER OLSEN, ESQ: Good afternoon my name is Gary Flanner Olsen and I'm the attorney representing the applicant, the estate of Marie T. Hiller. The applicant is seeking a waiver of merger under Section 1000-26 of the Southold Town Code for tax lots 1000-123-3-2 & 4.1. There's currently a 1-family dwelling on lot 4.1. Marie Hiller and Raymond A. Hiller as husband and wife purchased part of tax lot 4.1 on February 17th, 1954 as husband and wife in Liber 3664 pg. 125 from Al & Julia Schwicker being p/o lot# 1 and p/o lot#2 being part of Maratooka Farm bungalow sites filed in the SC Clerk's office on May 7`h, 1914 on file# 19. On November 9th, 1962 Raymond & Marie Hiller purchased a parcel from William & June Barker in Liber 5267 pg. 85 which became p/o lot 4.1. Marie Hiller purchased tax lot#2 on June 30, 1970 in her own name obviously in an effort to keep it in single and separate ownership in Liber 6770 pg. 397. Raymond A. Hiller predeceased his wife Marie therefore resulting in a merger of tax lots 4.1 and lot 2 by death. Following the criteria set forth in the town code for a waiver of merger we respectfully request that the board grant the waiver for the following reasons. One the waiver will not result in a significant increase in the density of the neighborhood. This is a residential community with homes on the majority if not all the surrounding tax lots. I have submitted a list of all the surrounding tax lots which list the sizes and whether or not each lot is built upon. I'll hand that into you now it appears from what I've done that the only vacant lot in this area is tax lot#2 which is the subject of this application. Accordingly, the granting of the waiver will not create any significant increase in density. It's only the one lot. The waiver Page 59 of 128 Page 60 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing would recognize a lot that is consistent with the size of lots in the neighborhood it is evident by looking at the tax map of the surrounding properties as well as the list that I've submitted that this lot is consistent with the size of many of the surrounding properties. Three the waiver will avoid economic hardship. This lot is significantly more valuable to the owner as a separate lot as opposed to 2 lots being merged into one. We have an appraisal from Peter W. Kren which was done for the state tax purposes and I intended upon submitting it to you. I know we made copies and I have a feeling the copies are back by the copy machine in my office but I will get it to you. In any event the appraisal shows that the properties being sold together as merged lots have a current value of$785K however the value for the lots being sold separately are $660K for the house parcel and$445K for the vacant parcel therefore the economic loss of the applicant loss to the applicant should the waiver not be granted is $320K. CHAIRWOMAN: The appraisal says the approved value the value of the approved lot is $600K. MR. OLSEN: 660. CHAIRWOMAN: And the value of the improved lot- MR. OLSEN: The unimproved lot is 445. CHAIRWOMAN: And what is the size of the unimproved lot? MR. OLSEN: 18,447.59 sq. ft. according to the survey of Stanley Issacson licensed land surveyor or 0.423 acres. By the way, on that sheet that I passed out to you a couple of minutes ago it does have what all the other size. What the lots on the street are as far as size. Another thing the board should consider is whether or not the natural details and character and contours of the slopes will significantly be changed or altered in any manner and it will not be. There will not be a substantial filling of land effecting nearby environmental or flood areas. Accordingly I feel as though we have meet all the criteria mentioned in Section 100-26 of the Southold Town Code and respectfully request that the board grant the waiver of merger as the board has consistently done on similar applications. I have also submitted to the board a letter from Denise A. Whelan who is the owner of tax lot 123-2-2 indicating that she has no objection to this waiver of merger application. I have also submitted to the board a letter from Edna R. Tonneson owner of tax parcel 123-2-1 also indicating that she has no objection to the application. Both the Whelan and Tonneson parcels are directly across the street on Bungalow Lane from the subject property and I have requested that Rob Herman of EnConsultants also speak on behalf of this application. He is here to address the environmental issues concerning this application. ROB HERRMANN: Good afternoon, my name is Rob Herman with the firm EnConsultants located 1329 N. Sea Road Southampton. What Mr. Olsen asked me to do from a perspective of environmental consultant was to examine a survey prepared by Stan Issacson that would depict the subject parcel or the parcel for which the parcel is being requested to see what that parcel would look like on it's own and see whether there would be some other non-conformities created for other agencies because even if this parcel is allowed to be unmerged if you will by this board ultimately the applicant would be stuck with the responsibility of obtaining a building permit Page 60 of 128 Page 61 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing prior to which it would be necessary to obtain permits from the NYS Dept. of Environmental Conservation, the Town of Southold Board of Trustees and the SC Dept of Health Services. So with my coordination Mr. Issacson prepared a plan showing a proposed residence with an attached garage a driveway providing access from Bungalow Lane and a proposed sanitary system. This is not necessarily meant to indicate what the Hillers would in fact construct on this property if the variance were granted,but only to show an example of what could be constructed on the property and whether it would conform. I will hand 6 copies of that map up to you so you can follow as I speak to those matters. Notwithstanding the issues of wetland or Health Department issues that would have to obtained as of course always important to look at whether a dwelling could be constructed on the property that would conform with the towns building and zoning regulations. If this were granted a waiver of merger it would exist as a single lot under zoning as shown on the survey as a.423 acre lot or 18,447 sq. ft. so you would look to the portion of the zoning code that provides the setbacks for an undersized parcel or pre-existing undersized parcel and that would require a front yard setback of 35'minimum side yard of 10' a total side yard of 25' all of which this proposed dwelling would conform to. The rear yard setback of 35'is essentially a mute requirement as a much greater setback is required in the rear due to the presence of wetlands. The wetlands as the board knows is regulated not only by the Town Trustees but by the NYS DEC. Because of the elevations present here specifically elevations above 10' above mean sea level it is my belief that the NYS DEC would grant a tidal wetlands letter of nonjurisdiction to all of this construction because you have greater than 10% slopes from the elevation 12 seaward it is my guess based on experience that the DEC would terminate their jurisdiction not at the 10' elevation but at the 12' elevation. Regardless all of the construction that's depicted here would be out of their jurisdiction and if a permit were required it would only be for any associated clearing that would occur below the 12' contour and I don't believe that any such clearing would be necessary. We do know that the town trustees are in the process of enacting a moratorium on wetland applications so it would be a matter of 12 months. According to what I understand before an application could be heard for this but based on my experience with the trustees and what their with chapter 97 of the town code and what their policies they do require as a standard a that sanitary systems or at least the leaching portion of the sanitary system which is the cesspool be located a minimum of 100' from their wetlands and that structures meet at least the state's requirement of a 75' setback from the wetland boundary. This proposal would achieve both of those setbacks in effect placing the septic system actually beyond the trustees jurisdiction under chapter 97 of the town code. It is probably possible that we also include the septic tank outside that 100' range this is just something drawn up by Mr. Issason he is not a professional engineer in the habit of designing sanitary systems so I'm sure that if a PE looked at this the entire system could be designed beyond the 100' setback. The only other permit that would be required before obtaining a building permit would of course be a health department permit so we have to look at what the feasibility is of placing both the well and sanitary system on this lot. The placement of the drinking water well is shown up on the southwest corner of the property adjacent to Bungalow Lane. As I expect on this property the 150' separation requirement would be in place from adjoining cesspools. This proposed well would be an insufficient distance from both the proposed cesspool and from the cesspool to the north. However I don't anticipate there would be any problem obtaining variance approval from the Health Dept. because the well is so significantly up-gradient of those pools. Rendering of those pools ability to contaminate the proposed well impossible. In other words would Page 61 of 128 Page 62 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing have to flow upstream against gravity in order to effect the applicants proposed well which only leaves the proposed cesspool which would be an insufficient distance from the well to the south. Normally when there's a proposal for a non-conforming separation between a septic system and a neighboring well that's existing before a variance is approved by the board of review the Health Dept requires that the applicant contact the adjacent land owner and ask them to relocate or deepen that well in order to mitigate the nonconformance. In this case the adjoining property is owned by the same family who has of course indicated that relocating their well accordingly would not be a problem. Therefore,just in summary again this proposal is not exactly what the applicant would wish to undertake it does show that if this parcel were unmerged and stood on it's own it could very easily meet all of the requirements that the state DEC of the town trustees though it would not meet the standards of the health department. I do not suspect that getting variances from those standards would be a problem at all as they are routinely granted for situations like this where a well is located up-gradient of cesspools and again the well to the adjacent property to the south owned by Hiller could easily be moved to Bungalow Lane and also positioned upgrading the proposed cesspool. If the board has any questions on any of those comments, I'm happy to answer them. MEMBER ORLANDO: Not a question but a statement I just want you to be aware that Southold Town does not I should say is not in habit of recreating undersized lots. That's why the merger is there. So we would be re-creating an undersized lot and the town's not in the habit of doing that. That's why these things are in place. MR. HERRMANN: Right and I understand that's what Mr. Olsen is here to argue. I think he just asked me to speak to the board so the board would understand that it would not be creating an untenable situation with respect to other agencies. CHAIRWOMAN: Thank you very much. Mr. Olsen I just have a quick question. In looking through the title search these lots were originally part of an old subdivision. However it appears to me and from your own testimony and from the title search that lot 4.1 was kind of re-created we borrowed a little bit from Sally and we borrowed a little bit from Paul on the other side to end up with what we have as improved lot 1 now and pretty much the same thing is true with the lot 2 am I understanding that correctly? MR. OLSEN: Yes. Part of 4.1 it was a combination of a piece that was purchased from Schwicker and part was purchased I think another 50' strip was purchased from Barker and it was originally the part from Schwicker was lot 4. I spoke to Jack Sherwood about this the other day and he said that when they got the extra parcel from Barker an extra 50' they renumbered it 4.1. CHAIRWOMAN: So as far as the original subdivision lines from review they haven't really existed for almost 50 years. MR. OLSEN: Like so many others in the town. People just long time ago did things. I should mention that the vacant parcel Mrs. Hiller has when she passed away has 2 children. Suzanne Smith who happens to be here today and a daughter Barbara Weathers and Barbara wants to Page 62 of 128 Page 63 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing build on the vacant parcel and as far as my handling of the estate, it's important to me to know whether the board will grant this because it really substantially effects what I have to report in my state tax return as far as value and there's tremendous value in the lot and also my experience in these waiver situations particularly when it's by death. Obviously we are trying to protect the single and separate ownership by gutting lot 2 in the husbands name and the rest in Mrs. Hiller's name and the husbands name. My experience with the board is that these waiver of merger applications are almost routinely granted. That's all I have to say. CHAIRWOMAN: Ruth. MEMBER OLIVA: Not at this time. MEMBER ORLANDO: I made my comment. MR. OLSEN: I think Mrs. Smith would like to say something before we close the hearing. The other thing is if you don't grant it this piece is going to be an oversized parcel compared to all the others. If you look at that sheet that I submitted it shows you what the size of some of the other parcels in the area. Tax lot 2 would be keeping in generally in size and shape of the others on the street. MS. SMITH: Part of the real thrust of our case is the fact that we want to keep part of mom and dad's property in the family. The smaller piece of property would be better for us to be able to build a home for my sister to have. She lives out of state and this would be where we both grew up and we both are very anxious to keep part of it in our family. For our whole family's use to keep the whole piece it wouldn't be desirable. It would be a little too much of a hardship for us to keep it because my husband and I live in Cutchogue we don't feel it necessary that we have to move to Mattituck but this piece of property would be something that we would extend on. The Schrickers were a part of our family as well. That was an aunt and an uncle so in actuality the property has belonged to the family for a long, long time and we would just like to continue that ownership. CHAIRWOMAN: You would like to build on the un-improved lot to keep as a family. MS. SMITH: Exactly. MEMBER GOEHRINGER: Nothing at this time. MEMBER HORNING: No. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? ADAM GROSSMAN, ESQ: Good afternoon chairwoman and members of the board. My name is Adam Grossman and I'm an attorney in Riverhead and I think I've seen you all not too long ago. I was before this board. I'm here on behalf of adjacent property owners who own property Page 63 of 128 Page 64 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing on the other side of the vacant lot. My clients are Walter and Mary Cain. Mary Cane is here today and their parcel is located northwest off of Maratooka Road directly adjacent to the vacant lot on the other side. My clients actually asked that I appear here today not to state that they are opposed. I'm not here to state that they opposed to any use of this vacant parcel but they are concerned about what the use is going to be for the parcel and they wanted to make certain that whatever this board's determination was that the provisions of the town code and state law whatever it is that would be the criteria which I believe would be the town code provisions are applied by the members of this board in determining whether in fact it is appropriate to grant the waiver application. Just a couple of comments after listening to the attorney for the application and also the environmental expert. The first thing I want to mention is that I as an attorney in Riverhead tend to be careful with any clients that come to me for any work dealing with sharing adjacent properties. I've had clients in this situation where they want to do one in a single name and another in 2 names and I advised them against it whenever possible. I mean nobody wants to end up having to be in a situation like this and certainly my clients don't believe that was anyone's intention. But I will tell you that I try to avoid any clients of mine having to deal with this type of an issue and perhaps if way back that was addressed more fully the applicants wouldn't be in this position. The other thing I just want to mention although I know it isn't part of the criteria that you are looking at but I think it's worth mentioning is the business of the health department approval which is not in your jurisdiction it's out of your hands it may be that the environmental expert is correct that they will be able to get a variance it may be that they are not able to get a variance. I'm not sure but I think the issue of the proximity of the cesspool and the water supply is certainly of concern to the applicants and also to my clients to have a cesspool directly adjacent and a water supply and don't want to have their property adversely impacted by whatever it is that's going to be done with this parcel. Besides that my clients don't want to be negatively impacted particularly by a structure that ends up requiring further variance relief. And I know the attorney for the applicant did not indicate in any way that they intended to do that but my clients would be concerned if it turned out that a few months from now or actually when the moratorium expires this all gets delayed but at some future date when they decide to build presuming this board would grant relief that the applicant would be requesting further variance relief from this board. I think my clients would be very concerned if that were to take place. Other than that we just ask that you follow the revisions in the code, the criteria for the waiver applications to the letter and that also you consider the impact that this application is going to have on my clients who are right across from the vacant lot just as close as the applicants improved parcel is. CHAIRWOMAN: Your clients Cain would be lot 1? MR. GROSSMAN: I'll give you the street address they are at and I should be able to give you the tax map number as well. They are at 1645 Maratooka Road and on the survey it is directly adjacent to the northwest. It is lot 1. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Page 64 of 128 Page 65 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. HERRMANN: One point for clarification for the speakers comments his question and this is very important dealing with the health dept. it requires a 150' separation between a proposed septic system and adjoining wells. The only adjoining well which would not be maintained a conforming separation distance is the one on the Hiller property which is again a developed lot it's within the same family so there would be no variance required for this cesspool with respect to any property that's outside of the Hiller's family and again the Hillers obviously have the ability internally to move their well around accordingly. CHAIRWOMAN: I'll make a motion closing this hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** 2:15 pm Appl.No. 5235 - CAROL A. PEARCE. This is a request for a Variance under Section 100-244B,based on the Building Department's September 16, 2002 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling, portions of which are less than 40' from the front property line. Location: 470 Dogwood Lane, East Marion; 38-5-2. CHAIRWOMAN: Is there someone here who would like to speak in favor of that application? We have to say goodbye to our Fishers Island member who is going to spend about a half a day traveling to get back to Fisher's Island. JENNIFER GOULD, ESQ: My name is Jennifer Gould. I'm here today representing Carol Pearce. I don't know if you've had a chance to look at her application yet but what she would like to do is put a 2 story addition on to her house and she received a Notice of Disapproval because it encroaches just slightly into the front yard. The setback by code is 40', and if you have a copy of her survey you'll see that the southwest corner of the proposed addition in conformance with the setback but because of the radiance of Dogwood Lane as you go east it takes her a little bit out of conformity so we are asking for about a 4'10" variance to do this addition. Her lot is just a little bit over 20,000 sq. ft. 608' over which puts her into the 40' setback rather than the 35' setback and you may wonder why the addition is here rather than not further back on the property and it's for a couple of reasons. When she first was designing, she was going to put the addition on the back of her property because as you can see she has a lot of property in the rear. However when she got the plans drawn they realized that their septic system and the cesspools were in the back so that they could not cover those up. Also on this westerly side of the property, she has a bathroom window and a kitchen window that would be covered up if we moved any of this further back, you know another 4'back so we could conform with the code. It would also involve the removal and replacement of propane and fuel tank lines and as I said in the beginning it's a very diminutiveness request, it's less than 12.5% variance over the code. Do you have any questions? CHAIRWOMAN: I did I thought we did have a letter in the file a neighbor was concerned about this, I believe you do. We did have a letter of concern on this and the letter of concern simply was it's going to create from the adjacent west property owner. Page 65 of 128 _END P IMP TE THI TI IP • r•I I•r • • ► •V _ item 4 eemc 1,2,and 3.Alsodcomplete A. ignatV� ���/'( Agent item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X /� ti ssee so that we can return the card to you. B. Received by(P' ted Nam_j C. Date of Delivery III Attach this card to the back of the mailpiece, or on the front if space permits. /1/te j � / D. Is delivery address different from item 1? 0 Yes 1 Article Addressed to: If YES,enter delivery address below. 0 No \ Denise A. Whelan N Bungalow Lane P. O. Boz 991 , ' Mattituck, NY 1195,2 s J ,/,:l.; Service Type -r 4 5 Certified Mail 0 Express Mail , 1 "` ;'t❑ 0 Registered ,I Return Receipt for Merchandise �4 Q 'i 0 Insured Mail 0 C.O.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7001 1140 I I : 530 7744 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-o2-M-oea_ UNITED STATES POSTAL SERVICE 01 11 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • OLSEN & OLSEN LLP 534P53 0 B X701 OUTMODE.NY 11536 1,�it1tltf�itttiltlllllilil1tltl uiltli,i�liitili�illt��il,iU -END •MP E Tie. rremnaratamix irr rremoamia r • Complete items 1,2,and 3.Also complete • re 'item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse ' • Addressee so that we can return the card to you. B. Received b (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. _ D. Is deliv add lipC item 1? 0 Yes 1 Article Addressed to: T` If YES,ente 01.1i : a•• : - • w• 0 No Walter & Mary Kane 0 4 \Z R a. 10 Reid Ave. �� Pt. Washington, NY 11050 C- ise lc QI 3. rvice Type ��G�' Certified LJ Express Mail ❑ Registeredeturn Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7099 3400 0004 6939 8618 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-083` UNITED STATES POSTAL SERVIC ��`,�, ,AJ Frtst class Mail ( - r 1 Postage&Fees,Paid USPS Permit No.G-10 • Sender: Please print your name;'address, and Zli+4-'n-this box-• OLSE'N & OLSEN g 111495 MAM MAO '0SOX TS Nr h OLSEN 8c OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net January 14, 2002 Re : Estate of Marie Hiller Our File 7785 1000-123-3-2 and 1000-123-3-4 . 1 To whom it may concern: Enclosed herewith please find the Affidavit - Sign Posting in re the above matter along with additio :1 •ostal cards . Very trul; your- , A G A : FLAN O'" LSEN GFO:lmk Enclosures Town of Southold Hand delivered j, a �t a i ZONING BOARD OF APPEALS • TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT Estate of Marie Hiller OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 123 - 3 - 2 .10.0.0=123-_____3 4,1 --x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Gary Flanner Olsen residing at 660 Oakwood Dr. Southold , New York, being duly sworn, depose and say that: On the 6 day of rMn1, 20031 personally placed the Town's official Poster, with th14!:te of hearing and nature of my application noted thereon, securely upon my property, located ten (1 i feet or closer from the street or right-of-way (driveway entrance) -facing • : eet or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remai •-li . . -ce for seven days prior to the date of the subject hearing date,y1" •.. . .. - as s- • • to be 'Signature) Sworn to before me this \'\ day oiy20Qi C NUCi ;.s i",-.:F, / (Notary *ub c) Note No4e2b3,:. , quafi8leu°In ov. a 6 Commission ExP. *near the entrance or driveway entrance of miresoNy pr30un:operty, as the3 area most visible to passersby .11161 _ 61Viz ii Domestic rad •nly; o nsurance overa ovl.e. FZ Article Sent To: MATT_Tl if K- NY 1179' Postage $ 0.37 UNIT In: 0935 .13V Certified Fee 2:30 ,',., Postmark\ = Return Receipt Fee 1.75 Here 1,, ndorsement Required) 0 estncted nD II ve Fee 7 oro• 2 ndorsement II {�� F7R2}(O / O \ 4.42 Y j/ ...,4'.I Notal Postage 8 Fees $CI �'• 'p Y'�!,, m Name(Please Print Clearly)(to be completed by mailer) Edna R. Tonnesen srraluNo�gaiow"bane I= r c' 'tiiiuck, NY 11952 -orm:D5(U. 11 y „9„ -e e'everse or lutruc 1011_ Domestic Mail Onl : No Insurance Covert 'rovided MATT TUCK- NY 1195' N .37 UNIT-1.P: •3 N • Postage $ 5 nn ) Certified Fee 2'30 1;15 Postma)44:)1 rn ndRoeturmneRnrReeirc)ituiFx0 Heny_c •', ler : R7B2ra estricted Delivery Fee 'Endorsement Required) 4.42 0110,4)3 .kTotal Postage&Fees $ r-R Sent To 1-R Denise A. Whelan Street,Apt.No.; P. 0. Box 991 or PO Box No. 0 City,State,ZIP+.4 r- mattituck, NY 11952 P orm 3800, anuar 211 TMIFX1417,41:7111WIratratr, Ei34tIItJI4.11►� iIU:1 .3412 Domestic Mail Onl ;No Insurance Covera. wide. co▪ Article Sent To: LPI ca hATTITLICK, niv 1 m Postage S l'e=? LINT T ID: 0935 a I Certified Fee 2,10 Postmark Return Receipt Fee1.75 Here no (Endorsement Required) ytj Restricted Delivery Fee rierE: F:7H2KO ,(Endorsement Required) Total Postage&Fees $ 'u`' 01103/03 O\ O '�C Name(Please Print Clearly)(to be completed by mailer) r" William Barker Jr. & wf o- S2154P 4nMa "`i.ane n- AITUCK, NY 11952 -taims. Domestic Mail Onl No Insurance overa.. ,vt.eea . Article Sent To: r-q .33 PORT iWl" IN6,;ON NY 11050 I• Postage $ 0.7c7 UNIT II!: 0935 Er A Certified Fee •-i `e_ii Postmark Return Receipt Fee 1.75 Hen: O �Endorsement Required) WRestricted Delivery Fee CIPrk: R lB2KO 44Endorsement Required) �►Total Postage&Fees $ u 42 01/03/03 C3 `., Name(Please Print Clearly)(to be completed by mailer) Walter q&ttMary Kane s t�get, a i oAV eox No. 1V O City,State ZIP+4 Pt. Washington, NY 11050 remsonnomma item k • : • • . •k .• PLETE THI T•1 •1 • :r • Complete items 1,2,and 3.Also complete W Sign ture /7 item 4 if Restricted Delivery is desired. _ 0 Agent • Print your name and address on the reverse X /l2 7'J,,c____.- 0 Addressee so that we can return the card to you. eceived by(P inted Name) C. Date of D ivory ■ Attach this card to the back of the mailpiece, or on the front if space permits. b cA,9r' .Q., 1[7, /'/ ,„_5, D. Is delivery address different from item 1? 0 Y s 1 Article Addressed to: If YES,enter delivery address below: 0 No cf` William barker Jr. & wf 275 Bungalow Lane Mattituck, NY 11952 3. Service Type r;1 ❑Certified Mail 0 Express Mail ``�'�11 ❑ Registered 0 Return Receipt for Merchandisb ❑ Insured Mail 0 C.O.D 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7099 3400 0004 6939 8588 (transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-083° UNITED STATES POSTAL SERVICE,. 'AWN First-Ctass'NAail ( PSPS e&Fees Paid Permit No.G-10 • Sender: Please print ayour name, address, and ZIP+4 in this box • OLSEN &OLSEN LIP il�1a AWN ROAD FO 1017011 UJ THOSUE.NY 111/1 ■ 6omplete items 1,2,and 3.Also complete -Si nature item 4 if Restricted Delivery is desired. t%� � � � ❑Agent ■ Print your name and address on the reverse Xdresses so that we can return the card to you. B..BB�gcceived by(Printed Name) C. Date f Delivery • Attach this card to the back of the mailpiece, TO iy or on the front if space permits. ` D. Is delivery address different from item 1? Yes \ 1 Article Addressed to: If YES,enter delivery address below. 0 No {j�\ Edna R. Tonnesen 50 Bungalow Lane Mattituck, NY 11952 R, 3. Service Type Certified Mail 0 Express Mail Registered Return Receipt for Merchandise 0 Insured Mail 0 C.O.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7099 3400 0004 6939 8670 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-083_ UNITED STATES POSTAL SERVIC ,* 1 , Flrst-Class'Mail Postage 6 Fees Pajd I Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • OLSEN & OLSEN LLP $2495 WM ROAD PO9037QS oUTCi OGUE,NY 11935 I„I I I,,i I I I,I,,,1 1111 I.I,I I,,,1,,,IIIb,,I I„l1,.„I I„.,l:I l OLSEN 8c OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net January 6, 2002 Re: Estate of Marie Hiller Our File 7785 To whom it may concern: I am enclosing herewith the following: 1 . Affidavit of Mailing and postal receipts . 2 . Letter from Edna R. Tonnesen dated .e. ember 19, 2002 supporting the application. 3 . Letter from Denise A. Whelan ind. catin6 that she has no objection to the application da ed January 5, 2003 . Ver, truly yours, GARY F BANNER OLSEN GFO: lmk Enclosures Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK - x In the Matter of the Application of AFFIDAVIT Estate of Marie Hiller OF (Name of Applicants) MAILINGS CTM Parcel #1000-123 -3 - 2 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lorraine Klopfer residing at 2140 Delmar Dr. , Laurel, , New York, being duly sworn, depose and say that: On the 3rd day of January , 200 3, I personally mailed at the United States Post Office in Cutchogue , 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 ( ) 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 p operty. *Qyat (Signature) Sworn to before e thi3rd day of Jan " % 200 3 � GARY FLANNER OLSEN h Notary Public,State of New YorkF(i; No 020L2959600 `(N ary Qualified in Suffolk County Commission Expires Mardi 30, C?Q PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Walter & Mary Kane 1000-123-3-1 10 Reid Ave. Pt. Washington, NY 11050 William Barker Jr. & wf 1000-123-3-5 275 Bungalow Lane Mattituck, NY 11952 Edna R. Tonnesen 1000-123-2-1 50 Bungalow Lane Mattituck, NY 11952 Denise A. Whelan 1000-123-2-2 Bungalow Lane P. 0. Box 991 Mattituck, NY 11952 ° STATE OF NEW YORK) , ' ''' ' 11"1":1'' )SS: and M __ '"`1.' CO -OF�SUFFO K) and w F, Town o ontlio. �/4,07m/ ,ail al�L .L. of Mattituck, in said ing will be held by the SOUPHOLD county, being duly sworn, says that he/she is TOWN BOARD OF APPEALS at the Principal clerk of THE SUFFOLK TIMES, a weekly Town Hall, 53095 Main Road, Southold, New York 11971, on newspaper, published at Mattituck, in the Town of Thursday, December 12, 2002, at-the Southold, County of Suffolk and State of New York, time noted below(or as-soon thereafter as possible): . and that the Notice of which the annexed is a printed 7:30p.m.Appl.No.5229-HILLER copy, has been regularly published in said Newspaper ESTATE. A Lot-26itor requested once each week for / weeks succes- under Section I00-26 to unmerge two I -merged parcels,one being the northerly sively, commencing on the /Z/ day (vacant 1000-123-3-2)portion contain- ingof 18,447 sq.ft of land area proposed for a future dwelling, and the other being the southerly 31,031 sq. ft.per- Zi/C// J tion (improved) (1000-123-3-4.1). The Building Department in its July 19, rirlcipal Clerk 2002 Notice of Disapproval,determined that both former lots have merged due to /3 common ownership after July 1, 1983 j Sworn to before� wme this (May 1, 1983). Location of Property: day of /dam . 200 125 and 165 Bungalow Lane,Mattituck ',� (described land). l•/(3 X.S C at4...�L The Board of Appeals will hear all LAURA E. BO N DA R C H U K persons,or their representatives,desir- ing to be heard at each hearing,and/or Notary Public, State of New York desiring to submit written statements No 01B06067958 before the conclusion of each hearing. Qualified in Suffolk County Each hearing will not start earlier than desienated--__._ -a._ s------ My Commission Expires Dec.24, 20.g-r '� Ltiv �'vu U LEGAL NOTICE SOUTHOLD TOWN AP Is . ,1 1 STATE OF..NEW YORK) • THURSDAY,JANUARY 16,2003 PUBLIC HEARINGS )SS: NOTICE is HEREBY GIVEN, SUFF LK) suaand Chapter 100(Zoning),Code of etre Section 267 of the Town Law .and 4;434/, ,(,ir,/ E—� ,<_`of Mattituck, in said Town of Southold,the following Publifr county, being duly sworn, says that he/she is hearings will be held' by Vit..SQUTHOLD TOWN BOARD OF ! Principal Clerk of THE SUFFOLK TIMES, a weekly APPEALS at the Town Hall, 53095 newspaper, published at Mattituck, in. the Town of Main Road,Southold,New York 11971, Southold, County of Suffolk and State of New York, on Thursday, January 16, 2003, at the times noted below(or as soon thereafter and that the Notice of which the annexed is a printed root 'ii4 and 16(as one combined lot). i copy, has been regularly published in said Newspaper 1.10 p.m. Appl No. 5260 - Spiros , once each week for / weeks succes- and Irene Papadopoulos. This is a IVeI commencingon the /7 day request for a Variance under Section sively, • 100-30A.4--based on the Building;, of ,De-e— 200.2, Department's October 21,2002 Notice of Disapproval; concerning a gazebo- proposed in an area other than the rear . - 6.-•--'' yard, at 565 Inlet Lane, Greenport; • rincipal Clerk Parcel 1000-43-4-34. 1:15 p.m.Appl No.5229-Fatate of_; pre me this l`� . Murie Hiller,ALot Waiver is r`quested*immergeSwornfro be f under Section 100-26 to' nmerge twO4 f 20 merged parcels,one being the northerly: day of G (vacant 10(1¢123-3-2)portion contain-„. , ing 18,447 sq.ft.of land area proposed Lemd(A.4 f 6,04Ld ( b_ for a future dwelling, and the other being the southerly 31,031 sq.ft.portion LAURA E. BONDARCHUK (improved) (1000-123-3-4.1). The,: Notary Public, State of New York Building Department in its July .19,,;i No 01B06067958 2002 Notice of Disapproval,determine`.d=; Qualified in Suffolk County DS , that this property has merged due'to' My Commission Expires Dec.24, 20— common ownership after July 1, 1983+ (May 1, 1983). Location of Propery'#-•y 125 and 165 Bungalow Lane,Mattituck (described land). 1.45 p.m.Appl No. 5235-Carol A: Pearce.This is a request for a-Variance under Section 100-244B,based on the; Building Department's September 16 ; ` 2002 Notice of Disapproval co, ••q1-,L, a proposed addition and alterations; i. , the existing dwelling;portions of vi=;v l are less x.40 feet front the front=r•=•``try:• _t•'et'tppii .-- o a Dogwood Lane, East Marion; 1000-38.-5-2. ^a", 1:50 p.m.Appl No.5256-C• . '"'k, Dickerson. This is a request ' 4.•_ Variances under Seddon 100-2394,:,.. ;. 100-33C, based on the B . 1=•- Department's September 3,200219=, . . of Disapproval,for:(a)a proposed. •••;_;-,-. :1.2-:';4-: location of a dwelling, replacing existing building,with a setback at ::-.1.,i than 100 feet from the-top of thebl'! •,‘1a the Long Island Sound,and(b)a .,' f posed accessory building in a side 4 1 • area. Location of,,Property: 4630',, ' : Horizon Bluffs, Peconic; Parcel i,'z., 74-1-35.51. ' 2:00 p.m.Appl No.5236-Peter i Soq"Ia Panagopolus.This is a for a Variance under Section .;,,;,t„:`,, 239,4A.1, based on the Bu , r;;„a Department's September 30, = ? - Notice of Disapproval concerning a”; £v�, posed dwelling airless than 100,:-:;s;,, from the top of the bluff of the ="` '. ' i Island Sound at its closest • `1d.11 Location of Property:The Strand '• ' Pebble Beach Farms Lot 122, 1 Marion;Parcel 1g00.30-2-7O: 2:05 p.tu.Appl No.5242- j Letirla Bloecker.This is a request o''. ' y - Variance under Section 100244 , on the- Building Dep: =.,•%s'� LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 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, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted below(or as soon thereafter as possible); 1:15 p.m. Appl No. 5229 - Estate of Marie Hiller. A Lot Waiver is requested under Section 100-26 to unmerge two merged parcels, one being the northerly (vacant 1000-123-3-2) portion containing 18,447 sq. ft. of land area proposed for a future dwelling, and the other being the southerly 31,031 sq. ft. portion (improved) (1000-123-3-4.1). The Building Department in its July 19, 2002 Notice of Disapproval, determined that this property has merged due to common ownership after July 1, 1983 (May 1, 1983). Location of Property: 125 and 165 Bungalow Lane, Mattituck (described land). 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 Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) Dec- 12-02 10:37A GARY FLANNER. OLSEN,ESQ. 631 734 7712 P.01 i ( V OLSEN & OLSEN, L.L.P, ATTORNEYS AT LAW 47? GARY FLANNER ()ISSN DAVID WOR.14IN(,rON OLSEN ATTORNEY AT LAW TTORNFY AT LAW P.O. BOK 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 1193.5 PHONE, 631-''34-761;6 • FAX 631-734.7712 • oisen,aw@iortorline.Iret December 12, 2002 Re: Estate of Hiller Waiver of Merger Our File: $ 77$5 Dear Linda : Pursuant r.00ur conversation this morning, it is our understanding that the Zoning Board of Appeals wil.J be granting an adjournment of the above referenced :nearing due to the fact that an adjoining landowner, Walter. and Mary Kane, has requestec time to review the proceeding with their attorney. Due to the fact that the Zoning Board i:s going to adjourn the hearing anyway, I hereby request that the hearing is cancelled for tonight . It is our request that the hearing is re-scheduled fcr the January calendar, due to the fact that the applicant has done everything required under, the Town Code and that this delay is due to no fault of the applicant . Furthermore, the applicant has already waited a substantial period of time. Please contact my office confirming this letter. Ver r y yours, DA ID WORTHINGTON OLSEN Zoning hoard of Appeals Attention : Linda 7E5-9064 r5 de--el-- -,.2" 0-6/9 /G)1%-/t"-- fi I-i-GX L .e w � y Dec- 12-02 09:41A GARY FLANNER OLSEN,ESQ. 631 734 7712 P.07 n h 7 ZONING BOARD OF APPEALS DEC r 2 TOWN OF SOUTHOLD.NEW YORK -x In the Matter of the Application of AFFIDAVIT Estate of Marie Hiller OF (Name of Applicants) 2(vacant) MAILINGS CTM Parcel#1000- 123 - 3 - 4.1 (house parcel) • COUNTY OF SUFFOLK) STATE OF NEW YORK) L Lorraine Rlopfer residing at 2140 Delmar Dr. Laurel, NY 11948 , New York, being duly sworn, depose and say that: On the 3rd day of December , 2002, I personally mailed at the United States Post Office in cutchogue , 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 ( ) 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. (Sig atu e) Sworn to before me this 3rd day Of December , 200 z DAVID W OLSEN Notary Publ ic, 6Now York No. 020L1600 200 974 (Notary Public) Qualified in Suffolk y Commission Expires Marchh 5 8,.20 Cas PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you 631 734 7712 P-08 Doc- 12-02 09 41A GARY FLANNER OLSEN,ESQ. I , •us ,1 ,elm(' 1 U.s. l'n1t,11'.;,,o.,H.i- . CERTIFIED MAIL HE Cl.:. ri CFI?,IFIED MAI1-tECIPT ,/,-;1,- it;0, 'Jo, .vo h.,/,, ,,,,, cut,L)cp- Pt,,t Wed; (Doni1,7 131,111 Only No tiv,imince t',,,,.,,,,ce• Provielpell F.- (.."1:e ofintiiii, NY i'iq51 ..••• FO EF toolittrogClo ts- " 1.,.. pomics, s r.,,(..10 ,• .', t itt..., ); rL'-i 114 Politne $ ,.,,,..-.)-r_51-i E.'fv)., C:1 ' "I 4 0.0.r„„ _ .. —.10,, : \-ii• ul , _ , 1,75 .:)/ Postmark \se. Erl ' ,•-, 1 ,,.. , , 1 ,.":k. Returr,Receipt Fee () ' , irk) r-r) i; PlCurn Receipt Foe• .7:7:15 ‘-:elit '•, rn (Cnclorsoment lieoulrets) _ ,..rtlersarnent Peatitoti) , . .__ EZ3 - 'ClErk: K. ' tO Fteatrluted Delivery roe Co Restricted DoilVery Fee \ 0 (Enloakement%stared z:..5,7 12t03/0P 0 Total Pottage&Rotas $ .. • rotai Pootege&Foos i$ ------ r.‘ &MI To p rie,717.6---- ---- _ _7 ra Denise Whelan Mr. and Mrs. Walter Kane _, VFW,Apt Na.; ri-418traet,API.MQ•; IO Reid-Ave. 2 iff PO Box Na. P. 0. Box 991 or PO oak No, fl/1SW.,ZIP.4 72 tatty,State,DP+4 Pox' iiiiiiiiiiiiIir 11654 '''''''' r,.., Mattituck A i , I,,",,,luiction,; re,,,30_,J.,anuialy IN kr' i PS i-,,t'l ' no Jiitt 01 ,.,50.-,1 c„.„R,,,,,., 1,7,hl3tItm r toll' U 5 i't i',2.-11 Scf kilt n CERTIFIED MAIL RECt iPT CFPTIFIED M/II, RECEIPT (licnicstic Mail OnlyNo Tr.,,t):,ifh....., Col etige P,,,y1(Icti) i1 f),,, ,•m. t ',it,' N., Ir,,,,,t,t,i,,-, t.If-1.1.2 Pr011tied; . ru in ITLCK 0 mAiiruf tly C,152. , '. q ,.,•;,, :„: r,, .... ------ 1..la . , :. ''''''' -,71r1irjd..„ N Poitapc S 0.60 titli.T. c,R. o. o .row v. ;,I.tit — eck5.3.,..-'''' k'/... 1%. t Peotope .$_ _ ,L-.., •"s,. rn 2.30 2 4::,/, CartNed Pea .30 - ''i' .;.... certif....I Fee i- r.,.., •K Ream kiecetpt Foe ____ ._ rtl ' (Endorwmart Reqvfrecr ._____. ____. . . .1--., ?i IpaerntWernrro7tReotiF4116) — ...' Rratrcted onity Fe. - -, erk: Ki41(.11; c, Enlort.,fiequiton) . - • ,77- i 1::r76:472 (c.. 0 Tlastriatad Delvpry=. 1E,,dorserInnt 0 Total Postao a Pose $ 4'65 I .1.)...?:- , . , ,,c,.f.„, II Tout Postage A Fees $ ----1 --/- r.q Sent to -- 4e.../05/0A ' _ ,-.1 Edna Tonnesen -- ittopt Apt NC; - - '''''- C.1 Bungalow Lane — .--' c'r PC Bus 4°. 5(1 3ungalcut-Lan - 6+11 osrtZ:01-Z.;275 B In City,6felo,21144 , N .t..2.-4.-itilek, NY ji,,..„ Eli);iiii;;Itic-4'Mxtrrtnigir;--117--II752. PS Fo/ig,380C,j,,,,v 2001 Sef•Revor se tor in.struction 63=111I.WW131111111111111====. Oras-12-02 09:41A GARY FLANNER OLSEN,ESQ. 631 734 7712 P.09 M ,ll.r••1r lIrl'.•,,,,„,, r„,Ir1,r:'1 ., Complete hams 1,2.and 3.Also dem 4 If l4e4Incted OaYvery is desired. l7 Agent Ill Print your name and address an the rev- :- ''•�� `. O Addressee 46 feet wo can return the caro to you C. Pet d•res•ery M Attila.*this carol to the DICK Men e n 1.I Of en the front If apace permits ! ♦ .• /� .r I. Annie Adereseed te. -- D.le de!•ven eddies d�'kwra from'Ural 1' !f YEE,erre delivery a44P'es,^,Deem 0 ri0 r. MT. and Kra. Gilliam Barker. J•. Jr, 275 Bunglosr 'Lone ?� ' Mattituck, NY 11952 (� 3 Servicetoe y +- 13 Certified Mui ❑EXPress Mal ❑ilegWtered 7 Return Rrs:ei rt'or Merchandise to Yieuraa Mali ❑C.J.D ,4. Ricans-led 0elivary2 rErtre Fee) [7 vas 411/111111111i01111111110011111111.11'4 leieeS0 lsidet f Complete Horns 1,2,and 3.Also complete A Sipnatwe 0 Apert nem 11f Restricted Delivery is desired. X l",.-...v...�..�-�-�_= G Addressee I,P'nt your rattle and addal l tte reverse �--_— srrtext we can return the Card to ys-Jga ese,.red by(Pec ted 7Jerna) 1-C; Daly rd Derivery I,Ahadt tris card re the hack of the rra•Ip;eco. ! of on tace P _ 'te front if s ermits -- _- p p Is(*every w orales ditluMa loon Its 'l V •4'Ocle Adcn•ssed lu .1 YES enter denweri address becw ❑N,, }: Edna Tonneaen 50 Bunglov Lane Mattituck. NY 11952 _ 3 yl Type Cei fined Mao 0 Express Mal O Peyletared t��+Return Receipt'Cr,lercbandes ,neuron r.a. p•:.0 D. _ r �C Restrleted Oelheny'ititre Fee; ❑'r ___ •, AlTiele t,ma.”, (Trans/.'fa,.'+arsiuo orb&l 7001 n40 0003 5307 7782 _ 2 '.]omgtic^.turn ReCerp'l trt259e-L#tr-esu .L1,-138' c�'i I August 20n1 Onc-12-02 09:40A GARY F ANNER OLSEN,ESQ. 631 7''^ 7712 P_01 OLSEN & OLSEN, L.L.P. AT'1'ORNEIS AT LAW GARY FLANNER OLSEN DAVID WokI"HINCToN OLSEN ATTORNEY AT LAW A f:'ORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLANr, NH.W YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net RE: FAX DOCUMENTS DATE: December 12, 2002 TO: Linda - Zoning Board FROM: OLSEN & OLSEN L.L.P. REGARDING: Batate of Marie Hiller To Follow: 1) Copy of letters to adjoining land owners. 3) Copy of affidavit of Mailings. 4) Copy of Mailing Receipts. Copy o 'eturn Receipts. PAGES TO FOLLOW: FAXED TO: 765-QOM NOTICE: The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. PLEASE NOTIFY THIS OFFICE IF MESSAGE IS NOT RECEIVED PROPERLY Dec- 12-02 09:40A GARY ANNER OLSEN,ESQ. 631 7712 P.02 OLSEN $C OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OI.S N DAVID WoRt Hllvt;1 oN OLSEN AT'"ORNI.e AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • oiseniaw@a?optanlini net December 3, 2CO2 Re: Estate of Hiller - Waiver of Merger Our File 7785 Dear Mrs . and Mr. vane : Please be advised that I represent the Estate of Hillr.tr in connection with a lot waiver application before the Southold Town Zoning Board of Appeals. In accordance with the requirements of the Town; I am sending you the followi:zg: 1 . Copy of Survey. 2 . Copy of Legal Notice . If you have any questions, please do not hesitate tc ,contact my office . Very truly yours, GARY FLANNER OLSEN GFO: lmk Enclosures Walter and Mary Kane 10 Reid Ave . Port Washington, NY 11050 Dec-12-02 09:40A GARY -- NNER OLSEN,ESQ. 631 7"" 7712 P.03 OLSEN Sc OLSEN, L.L.P. ATTORNEYS A'1' LAW GARY FLANNEE OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW PO. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • oisenlaw@'optmnlinc.net December 3, 2002 Re: Estate of Hiller - Waiver of Merger Our File 7785 Dear Mrs. and Mr . Barker: Please be advised that I represent the Estate of Hiller in connection with a lot waiver application before the Southold Town Zoning Board of Appeals . In accordance with the requirements of the Town I am sending you the following: 1 . Copy of Survey. 2 . Copy of Legal Notice. If you have any questions, please do not hesitate to contact my office. Very truly yours, GARY FLANNER OLSEN CFO: lmk Enclosures Mr. atic3 Mrs . William Barker J r. 275 Bungalow Lane Mattituck, NY 11952 Dec- 12-02 09:40A GARY FANNER OLSEN,ESQ. 631 7'2n 7712 P. 04 OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LANG ATTORNEY AT LAW P.O BOX 706 • 32495 MAIN ROAD • CUTCHOGIUE, LONG ISLAND, NEW YORK 11935 PHONF 631.734-7666 • FAX 631-734-7712 • olsenlawCr eptolLnc.net December 3, 2002 Re : Estate of Hi11ii - Waiver of Merger Our File 7785 Dear Ms . Tonnesen: Please be advised that I represent the Estate of 'Hiller in connection with a lot waiver application before the Southold Town Zoning Board of Appeals. In accordance with the requirements of the Town I am sending you the following: 1 . Copy of Survey. 2 . Copy of Legal Notice. If you have any questions, please do not hesitate to contact my office . Very truly yours, GARY FLANNER OLSEN GFO! lnk Enc] osores Edna Tcnnesen 50 Bungalow Lane Mattituck, NY 11952 De - 12-02 09:40A GARY "' 4NNER OLSEN,ESQ. 631 7"" 7712 P.05 OLSEN 8c OLSEN, L.L.P. ATTORNEYS AT LAW GARY PLANNER OI SFN DAVID WnRTHINGTON Ol.$EN ATTORNEY Al :.AW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlawci optoniint.net December 3, 2002 Re: Estate of Hi,1,J e; - Waiver of Merger Our File 7785 Dear Ms . Whelan : Please be advised that I represent the Estate of Hiller in connection with a lot waiver application before the Southold Town Zoning Board cf Appeals . in accordance with the requirements of the Town I am sending you the following: 1. Copy of Survey. 2 . Copy of Legal Notice . If you have any questions, please do not hesitate to contact my office. Very truly yours, GARY FLANNER OLSEN G FO: l m k Enciosu r-es Denise Whelan P. 0. Box 991 Mattituck, NY 11952 Dec- 12-02 09:41A GARY -' ANNER OLSEN,ESQ. 631 7"" 7712 P.06 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK - In the Matter of the Application of ----------—x Estate of Marie_Hiller AFFIDAVIT (Name of Applica �" OF SIGN nt]�' POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000 123 - 3 - 2 (vacant) - 4_.L..(12ouse._p4rcel COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Cary Planner Olsen residing at 660 Oakwood Dr., Southold, NT 11971 , New York, being duly sworn, depose and say that: On the 4 day of December , 2002, 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 remain:. '• 'lace prior to the date of the subject hearing ,,.a dfor seven h days date, he; ng date was shown to be (Signature) Sworn to before me this 4 day of December 2002 . 1 • / d` LOARAINf KLOPFIR. (Notary P bc at MIAOW* lit) No 4i,Q9373 ¢�,Afl�• c'uti91k C ountypo Commierion Fxpi Pa NOV . • • *near the entrance or driveway entrance of my property, as the area most visible to passersby. 1 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 12, 2002 NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, December 12, 2002, at the time noted below (or as soon thereafter as possible): 7.30 pm Appl. No. 5229 — HILLER ESTATE. A Lot Waiver is requested under Section 100-26 to unmerge two merged parcels, one being the northerly (vacant 1000-123-3-2) portion containing 18,447 sq ft. of land area proposed for a future dwelling, and the other being the southerly 31,031 sq. ft. portion (improved) (1000-123-3-4.1). The Building Department in its July 19, 2002 Notice of Disapproval, determined that both former lots have merged due to common ownership after July 1, 1983 (May 1, 1983). Location of Property. 125 and 165 Bungalow Lane, Mattituck(described land). 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. The above files are available for review between 8 and 3 during regular Town Hall business days. If you have questions, please do not hesitate to call (631) 765-1809. Dated: November 25, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809) ANSMISSION VERIFICATION REPORT TIME : 12/06/2002 15:12 DATE,TIME 12/06 15:11 FAX NO./NAME 2983287 DURATION 00: 00:45 PAGE(S) 02 RESULT OK MODE STANDARD ECM 53095 Main Road Southold, NY 11971 Email: Linda.Kowalski a,Town.Southold.ny.us or Paula.QuintieriATown.Southold.ny.us http://southoldtown.northfork.net (631)765-1809 fax(631)765-9064 FAX TRANSMISSION FAX# c29T 307cP� ATTN: 9-61 Q1.--,/Q1 — DATE: /a/ /2002 REF: C7f2Lj/YX 69-(.c,Qo 00_' 7 � n MESSAGE: I i ��. , , • u fl4 - _ Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. / Pages to follow: N STATE OF NEW YORK) )SS: g �• CO�IbI.TY OF SUFFO K) - /ortr/r},v,4/ >e .. . of Mattituck, in said sr ' county, being duly sworn, says that he/she Is APPhALs at_t the Town triiit:53095 Main R9ad,s, _New..York Principal clerk of THE SUFFOLK TIMES, a weekly 11971, on Tltiusda ��ber 12, newspaper, published at Mattituck, in the Town of 20Q2 nti " =' (or as 1' Q Southold, County of Suffolk and State of New York, request. J a N VaELL.riance under This Section and that the Notice of which the annexed is a printed l00-244B based on the Building copy, has been regularly published in said Newspaper Department's August 22, 2002 once each week for / weeks succes- Notice of Disapproval, concerning proposed additions and alterations to sively, commencingon the .27 day an existing building with setbacks of �eY/ 20O.Z • closer than 35 feet from each the front lot line and rear lot line. Location of Property: 32645 Main 1 Road,Cutchogue;117-9-16.2. ROBERT and CELIA SWING?This rlrlClpal Clerk is a request for a Variance under Sworn to before me this t 1 Section 100-244B based on the Building Department's August 22, day of 1-Av. 20 d)._ 2002 Notice of Disapproval,concern- ing the nonconforming setback loca- P719 4_.a 0.4(.-/l.t/'*t— tion of"as-built"additions and alter- ations at less than 10 feet on a single LAURA E. BONDARCHUK side yard and less than the minimum Notary Public, State of New York requirement of 25 feet for total side No 01 B06067958 i yards. Location of Property: 445 Qualified in Suffolk County Island View Drive,Greenport;57-2- My Commission Expires Dec.24, 20 dS- X27. j 7:10 p.m. Appl. No. 5226 — § KATHY and JOHN CHESKA.This is ' a request for a Variance under J Section 100-244B based on the Building Departments August 26, 2002 Notice of Disapproval,concern_ ' ing proposed second-story additions and alterations with a front yard set- back at less than 35 feet.Location of Property: 1300 Minnehaha, Southold;1000-87-2-11. 7:20 p.m. Appl. No. 5234—GUS- - MAR REALTY.This is a request for a Variance under Section 100-244 based on the Building Department's September 27, 2002 Notice of Disapproval, concerning "as-built" foundation,(under BP#28558-Z for new construction) with a front yard setback at less than 40 feet.Location of Property: 610 Chois Lane, East Marion;Parcel 1000-35-8-5.19. 7:30 p.m. Appl. -,No. 5229 — HILLER ESTATE. A Lot Waiver is requested under Section 100-26 to unmerge two merged parcels, one being the northerly (vacant 1000- 123-3-2) portion containing 18,447 sq. ft. of land area proposed for a future dwelling,and the other being the southerly 31,031 sq. ft. portion N (improved) (1000-123-3-4.1). The Building Department in its July 19, 2002 Notice of Disapproval, deter- mined that both former lots have merged due to common ownership ' after July 1,1983(May 1,1983). 7:35 p.m. Appl. No. 5214 — ROBERT and LEONA WHITE. A Lot Waiver is requested under Section 100-26 to unmerge a parcel containing 14,000 sq.ft.of land area, from the adjacent land area also with an area of 14,000 sq.ft.Based on the LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,DECEMBER 12, 2002 NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, December 12, 2002, at the time noted below (or as soon thereafter as possible): 7:30 pm Appl.No. 5229—HILLER ESTATE. A Lot Waiver is requested under Section 100-26 to unmerge two merged parcels, one being the northerly (vacant 1000-123-3-2) portion containing 18,447 sq. ft. of land area proposed for a future dwelling, and the other being the southerly 31,031 sq. ft. portion (improved) (1000-123-3-4.1). The Building Department in its July 19, 2002 Notice of Disapproval, determined that both former lots have merged due to common ownership after July 1, 1983 (May 1, 1983). 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. The above files are available for review between 8 and 3 during regular Town Hall business days. If you have questions, please do not hesitate to call (631) 765-1809. Dated: November 25, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809) OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski[a)Town.Southold.ny.us or Pau la.Quintieri(c Town.Southold.ny.us (631) 765-1809 fax (631) 765-1823 or 9064 November 25, 2002 Z Re: Chapter 58— Public Notice for Thursday, December , 2002 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a copy of your survey or filed site map, showing the new construction area, or map with details of your request, by Monday, December 2nd to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) When picking up the sign, a $30 check, as a returnable deposit, will be requested for each poster with metal stand (or $15 for poster only). Please post the Town's official completed poster no later than Wednesday, December 5th. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) By December 6th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By December 12th, after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please be sure to pick up the poster between Dec. 2' and Dec. 5th, between 8-12, or 2:00-3:30. Thank you. U1-1-16L VP BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. r 765-9064 ZBA fax. **I **** *«, *****«***k*******,**«,k, ,* ****** ****** * REPLY FORM Dated: /0/3/02 5.2.2? ✓U TO: 4x_ ss° 717evzit, j C,,, 6 (Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. 10-Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this • particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height rom natural grade). if aXtorr �i/-/e ("Ownership Search back"t'o April 23, 1957 for the subject parcel and all adjoining parcels, c: •• -• • . ' - . . . , . - : - - . ! e • tydrflatd- ) I1(0 70 ( ) Copies of all current deeds and tax bills of the parcels back to ( ) Other: iji4\11/ OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. r 765-9064 ZBA fax. REPLY FORM Dated: /0/3/D 2 2? I/O TO: &.t- ( a/tce /.424t) � C (Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. 4-Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this • particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). a-tof Ownership Search bact(t'o April 23, 1957 for the subject parcel and all adjoining parcels, c_ • . . ' _ - . . . - - - • ! e ( ) Copies of all current deeds and tax bills of the parcels back to ( ) Other: TOWN OF SOUTHOLD PR PER - /ao-o - /2 3 -) ) 3 _2 O TY RECORD CARD M OWNER STREET /-2 VILLAGE DISTRICT SUB. LOT • 7 /<_-(/_. _ ,� (_,A..„. �okaE<- A �,,z. -2l 9 `1,,e4--- FORMER OWNER N ,(� E ACREAGE !l 0.)'1 _ — ��c-i�il�2_ (zAv.i,,,,� 0L t .�c..A... 4:_.--)c_-_-, /2 S W TYPE OF BUILDING /9. S o_Nwic KL,c I e " ,,1�4 ,,,r ---40-,-Q- RES. ,3// SEAS. I VL. FARM COMM. IND. _ CB. MISC. • LAND IMP. J TOTAL DATE REMARKS 2-- 0 0 "2— 0 0 1 -5--- /..6- n i 1 / / r() 0 v/ (11 1/6-2.- _ - . -;--._ (r^- -, 4/7 Li ct ....<75c.:) /Q v 0 — /i cJ J /12" 1/7 / — /1 6 0 / /0 //2 _ L AGE BUILDING CONDITION NEW I NORMAL BELOW ABOVE fi Farm Acre Value Per Acre Value ---- ------ -- --- --- T:"--ble 1 inable 2 , . y et/J.._, 7s � ,• ,vL y s Tillable 3 - --------- ------ ------- Woodland Swampland - - Brushland — — --- - -- { - -2_7 J House Plot • `\ � �, V Total !