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HomeMy WebLinkAbout5437 APPEALS BOA.RD MEMBERS Ruth D. Oiiva, Chairwoman Gerard R Goehringer Lydia A. Tortora Vincent Orlando James Din~zio. Jr. Southold Town HaH 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TeL (631) Fax (631) 765-9064 htc¢://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTH©LD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 8, 2004 App[. No. 5437 - JOHN C. STADELMANN AND JEANNETTE COLEMAN Sc*xfSe~ R~wx C~er}: Location of Property: 1980 Stars Road Soundcrest Woods #14, CTM 22-4-19, unmer§ed from 2080 Stars Road, Soundcrest Woods #15, CTM 22-4-20 Date of Public Headng: December 18. 2003 PROPERTY FACTS/DESCRIPTION: Applicants' property consists of a combined area of 40,716+- sq. ft. of land area with a Iot width of 213 feet along the east side of Stars Road and lot depth of 192+- feet. The Iands were conveyed to the applicants, as follows: (a) the southerly improved area of 20,313 sq. ft.. referred to as 2080 Stars Road, is shown as Lot 14 on the Map of Soundcrest Woods, and (b) the northerly 20,402 sq. ft. area, referred to as 1980 Stars Road, is shown as Lot 15 on the Map of Soundcrest Woods. The lands were conveyed to the applicants, as Tenants in Common, by separate deeds dated 1/16/90, recorded 4-9-1991 at Liber 11245 page 21, and at page 23. The single-family dwelling which exists on the southerly portion, CTM #22-4-19 (Lot 14), was built in 1972. CTM #22-4-20 remains vacant. BASIS OF APPLICATION: Article ~I, Section 100-26, based on the Building inspector's July 17, 2003 Notice of Disapproval, which stated that the subject lots are merged as a since lot of 40,716 sq. ft. under Section 100-25 in this R-40 Low-Density Residential Zone District. APPLICANTS' REQUEST: Applicant requests a Lot Waiver to unmerge a vacant land area of CTM #22-4-20 of 20,402 sq. ft. from CTM #22-4-19 of 20,313 sq. ft. as shown on the survey dated May 12, 2003 by Stan!ey J. Isaksen, Jr. FINDINGS OF FACT The Zoning Board of AppeaIs held a public hearing on this matter on December 18, 2003, at which time 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: REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The title search, prepared by TPS Abstract Corporation dated June 12, 2003, shows that John C. and Jeannette Stadelmann acquired the property from their parents purchased the house lot on 1/!2/63, and the remaining area (northwest portion) 1/23/70 and (southwest portion) 11/24/64. 2. The Board received testimony from the applicants and their attorney that the lots were purchased with the intention of building a future home for family members. As further evidence that the appIicant had not intended to merge the southerly portion with the remaining area, they Page'2-Januaw 8,2004 ZBA AppL No.5437- John and Jeanne~e Stadelmann 1000-22-4-20,19 point to the fact that there was no use or improvements on the lot. Also, the Town excepted the area and width of lots on this fi[ed Map of Soundcrest continuously, up until January 1, 1997. The merger of the two subdivision lots was not created the exception expired on January I, 1997. 3. The waiver of merger wilI recognize the original lot lines for Lot 14, and Lot 15, shown on the Subdivision Map of Soundcrest Woods, Section One, filed June 9, 1969 in the Office of the Suffolk County Clerk. 4. The waiver of merger will allow for the ultimate construction of one additional single-family residence in the neighborhood, which will not result in a significant increase in the density. The waiver wiII result in one lot that is equivalent in size to the lots in the immediate neighborhood. 5. The waiver will avoid an economic hardship for the applicants and their family. The properties were heId in separate ownership at the time of purchase in 1971, one for Fred Stadelmann (father of the applicant), and the other for Edith Stadelmann (mother of the applicant). The father, Fred Stadelmann, died in t991, and the mother, Edith Stade]mann, has been in a hursing home for a ]ittle over two years. The merger was created when the Estate [aw firm conveyed the Iots in common ownership. 6. Waiver of merger will allow for construction of one single-family dwelling on the original deeded lot. Although the land is not flat and the southwest corner of the property has greater elevation, there will be no need for significant change in its contours or slopes. No evidence was presented to suggest that the lot would require fiJling affecting nearby environmental or flood areas, or to suggest that its natural details, character, contours or slope would be significantly altered, except during the normal course of construction activities for a dwelling. It is also noted that the property contains no wetlands. BOARD RESOLUTION: On motion by Member Goehdnger, seconded by Member Tortora, it was RESOLVED, to GRANT the lot waiver, as applied for. 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. (Member To,ora was absent.) (Member D~n~z~o, poi O4/ bs ed.) Th~s Reso,ution was du~, adopted (3-0), WNCENT ORLANDO, ~'RAIRMAN 1~04 Approved for F~ling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 Disapproval second? and site plan? MR. ARIIZUMI: Okay. CHAIRWOMAN 0LIVA: Okay. MR. HENRY: Thank you. CHAIRWOMAN OLIVA: Can I have a BOARD MEMBER ORLANDO: Second CHAIRWOMAN OLIVA: All in favor? (Whereupon, all Beard Hembers responded in favor.) CHAIRWOMAN OLIVA: So moved. Can we have a three minute recess? BOARD MEMBER GOEHRINGER: Se moved. BOARD MEMBER ORLANDO: Second. CHAIRWOMAN OLIVA: Ail in favor? (Whereupon, all Board Members responded in favor, and a brief recess was taken.) CHAIRWOMAN OLIVA: I'd like to open our hearing again, the next hearing is John Stadelmann and Jeannette Coleman, Number 5437 for a waiver of merger. MR. FALLON: Geed morning, David Fallon, Fallon and Fallen, 53 Hain Street, Sayville, New York, for the applicants. As you knew, what we"re trying to accomplish in this application is the unmerger of these two pieces ef property on Stars Read. You have the history of the property from the TPS abstract from the chain ef title. 1971 it was purchased; the eno let named Fred Stadelmann, one let in the name ef Edith Stadelmann. Se it was held single and separately in compliance with the subdivision at the time. And then in 1977 thereabouts, Edith Stadelmann applied for a certificate of occupancy for the house te be built en the southern lot. The CO was part ef the file. It was granted. The Suffolk County Department ef Health is listed on that, and the house was built en that southern lot and the CO was issued just for that southern let. BOARD MEMBER TORTORA: Lot number? MR. FALLON: Excuse me? BOARD MEMBER TORTOP~A: Lot number is improved? December 18, 2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. FALLON: Yes. 19. Then the Town of course, upzoned the property, I believe around 1983, but it was still held single and separately. CHAIRWOMAN OLIVA: It was held in tw© separate names? MR. FALLON: It was held in two separate names. Unfortunately, what happened in 1990 the Stadelmanns now, we can hear from John Stadelmann, but Mrs. Stadelmann was in her mid 70's and Fred Stadelmann was in his mid 80s at the time, and they ge to an attorney to do some Medicaid and estate planning, and unfortunately the attorney was unfamiliar with the zoning law obviously 'cause they had held this property separately for 20 years, you know, done the right thing, and as you see from the chain, the Stadelmanns at the time, given their advanced age, weren't quite aware of what was happening, and this attorney, unfortunately, merged the properties. And you see the deed, and I don't understand why he did a deed from Edith te Edith and Fred; and then from Fred te Edith and Fred, and then ente the present applicants Jeannette Coleman and John Stadelmann, their children, thus merging the properties. Se after 20 years having been held single and separate, this attorney merged the property. BOARD MEMBER ORLANDO: I'm sorry, this happened in 1990, this estate planning? MR. PALLON: Yes, you'll see the deed was 1990, it wasn't recorded until 1991. I think there was some confusion with the attorney. Unfortunately that's a classic legal malpractice suit, but it's only a three year statute of limitations en legal malpractice. I mean mistakes happen, but it's unfortunate. I de have pictures of the property for you, of the rear of the property. CHAIRWOMAN OLIVA: Is that property posted? MR. FALLON: Property was posted. BOARD MEMBER ORLANDO: I saw it. MR. PALLON: This shews the rear let shewing the house, and then the let from the side, and my clients John Stadelmann and December 18, 2003 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 Jeannette Coleman. John why don't you step up. This is John Stadelmann, the sen of Fred and Edith. They didn't discover the problem until they went te sell the property and John had retained me. I don't knew hew he ended up with a guy from Sayville, I don't remember why, but he mentioned we have te sell the house, and then he mentioned te me we have te talk about the let te the north. And I said, wait a second, what let te the north, what about merger? That's when he discovered it, this past six months. Now you're eno ef the owners of your property right, with your sister? MR. STADELMANN: Right. MR. PALLON: Make sure I have the ages right, when your mother and father brought the property in '71 how eld were they about then? MR. STADELNLA2qN: My dad was about 65, my mom was about 55. MR. PALLON: When they built the property was that their principal residence? HR. STADELMANN: Yes. MR. FALLON: That was their only residence. So in 1990, that makes your father about 85, when they went te the attorney in 19907 MR. STADELMANN: 84. MR. FALLON: And your mother about 74, 75? HR. STADELH}~NN: Yes. HR. FALLON: When did your father pass away? HR. STADELM~kTN: They talked about gifting the property te my sister and I and very shortly after that he died of cancer. MR. FALLON: 19917 MR. STADELMANN: Yes. HR. FALLON: And your mother is still alive, correct? HR. STRDELMAiTN: Yes. HR. PALLON: Unfortunately she's been in a nursing home? MR. STADELNEa~N: She's been in the nursing home for a little ever two years in Katherine of Sienna. MR. FALLON: Hew is her December 18, 2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 competency? competent? what? MR. STADELHANN: She is not BOARD MEMBER TORTORA: She is not MR. PALLON: Competent. She unfortunately has dementia. BOARD MEMBER TORTOP~A: Has she been declared legally incompetent under New York laws, or is it a medical assessment? MR. PALLON: Hedical assessment. BOARD MEMBER TORTORA: Because there's a legal definition of incompetent. MR. STADELMANN: Her doctor has said that she's incompetent. I don't believe there's any New York state judgment en this. BO~D MEMBER TORTORA: Okay. MR. FALLON: Yen're familiar with the property? MR. STADELHANN: Yes. MR. FALLON: Can yen describe the vacant land from the topographical standpoint? MR. STADELMANN: It's essentially a vacant let. There's no wetlands associated with it. There's ne marsh. CHAIRWOMAN OLIVA: Just to recap, the properties were put in two separate names in 1971, and they remained se until they did some estate planning in 1990, at which time the lawyer kind ef just mixed it all together. So they're in both their names, which was deeded in 1991, and when you went to sell the property, you found out that they had merged; am I correct? MR. STADELMANN: That's correct. Ail the years in between I received separate tax maps, and you assumed because they had been in single and separate that they just remained so. MR. FALLON: Se to shew economic hardship, I have a real estate broker te testify quickly about the value. Kathy, can yen step up, please. Kathy, can yen introduce yourself te the Board, please? MS. ROSENBAUM: My name is Kathleen Rosenbaum. I am the real estate broker for Lloyd's Realty in Greenpert. December 18, 2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been in the years. MR. FALLON: How long have you real estate business? HS. ROSENBA~M: Going en seven HR. PALLON: Are you licensed as a real estate broker? MS. ROSENBAUM: Yes. MR. FALLON: Where is your business located? MS. ROSENBAUM: 124 Front Street in Greenpert. MR. PALLON: You work full time? MS. ROSENBAUM: Yes. MR. PALLON: As a real estate broker? MS. ROSENBAUM: Yes. MR. FALLON: And you're with the property? MS. ROSENBAUM: Yes. familiar HR. FALLON: We know that there's a contract of sale that's been entered into for the sale ef just the improved let for $410,000; is that correct? MS. ROSENBAUM: Correct. MR. FALLON: Concerning the vacant lot te the north, do you have an expert opinion as te the value ef that let if sold as a buildable lot? MS. ROSENBAUM: Today it could be sold for approximately, based en cemparables, around $190,000. HR. FALLON: You ran comps I believe and it shewed a couple ef sales? HS. ROSENBAUM: Yes. One let -- there was a lot two deers down, half acre lot, that was just sold this past year for $180,000 and another single and separate lot a half acre only four doers down from that, both this past year, and they sold eno for $189,000 and one for $182,S00. MR. FALLON: And that was for 2780 Stars Road, East Harien, half acre, sold for the 189 in July of '03? MS. ROSENBAUM: Correct. MR. FALLON: And 2320 Stars Road, East Marion sold in June of '03 for 1827 MS. ROSENBAUM: Correct. And they're beth en the east side ef Stars Read December 18, 2003 2 4 5 7 8 10 11 12 13 14 15 1¥ 17 19 2O 21 22 23 2~ 25 heading north. MR. FALLON: And this is the listing of the comps (indicating)? MS. ROSBNBAUM: Yes. MR. FALLON: Unfortunately I didn't have a chance te make a let ef copies of this, but I at least can give it te the secretary for the file. Se in your opinion you think the let is approximately -- MS. ROSENBAUM: 190 te $200,000 today. We just had a let in Greenpert for about .37 that was just listed this week for $195,000 and already has an accepted offer. The values of single lets are just rocketing because of the lack of land. MR. FALLON: If the Stadelmanns had to sell the property all as eno merged piece, do you have an opinion as to what the fair market value an acre piece would be? MS. ROSENBAUM: Based en comparables sold this year, the specs ef the house and se forth, my opinion is that that house would sell in the high fours, maybe 485 te 490, somewhere in that range if he was to sell without the unmerger. HR. FALLON: Is this three of the comps that you had looked out? HS. ROSENBANd: Right. Ail that sold within this past year. MR. FALLON: Roughly comparable? MS. ROSENBAUH: Yes. MR. FALLON: Again, I apologize and I didn't have a chance te copy this. I'd like te offer that (handing). New, if the property is not unmerged, does the location ef the louse affect the value? MS. ROSENBAUM: I believe it does because what are you going te de with a vacant piece of land that's weeded? If you're going te build en it, you're going te center it, you're net going te off center it. So I think it devalues it, and what are you going te put there? I knew your restrictions on accessory buildings and apartments and all that, so it seems te be just wasted space. HR. FALLON: Because ef the house December 18, 2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 being built? MS. ROSENBAUM: Right, all the way to the side, and now new houses on Neighbors right new, and they're going into the six to $800,000 mark right now. That's what they're selling for. CHAIRWOMAN OLIVA: Thank you. Hr. Herning, de you have any questions? BOARD MEMBER HORNING: Bottom line, what was the difference in the price between the two parcels separate and combined? MR. FALLON: Botnem line was as separate you have $410,000 we have a contract ef sale, and I actually have the buyer here, who is paying the $410,000 fur the separate house if the unmerger application goes through. And then, if you had based on Kathy's testimony the $200,000, so it would be a combined total ef $610,000 versus Kathy testified about $480,000 because of the add shape of the let. So you're talking economic hardship approximately $120,000, $130,000. BOARD HEMBER HORNING: This potential buyer, has he toyed with the idea of purchasing the whale thing? MR. PALLON: I'd like te introduce, Paul. MR. SCHMIDT: Hi, I'm Paul Schmidt. Hy fiancee and I are buying the property, Ellen Hart. HR. FALLON: That's fur $410,0007 HR. SCHHIDT: That's correct. MR. FALLON: And de you have any apposition to this application te unmerge the property as you would be directly te the south ef this? HR. SCHMIDT: None whatsoever. CHAIRWOMAN OLIVA: Thank you. BOARD MEMBER GOEHRINGER: Did that answer your question? BOARD MEMBER HORNING: No. MR. PALLON: If I may, arguing fur the application, I know that you denied an application a couple months ago en the ether side of the street, and I've had a chance te review that decision, and there are differences. In this case, there is a CO already issued back in '77, '78 on one let. December 18, 2003 2 3 6 7 8 9 10 11 12 13 1% 15 16 17 18 19 2O 21 22 23 24 25 And actually, if I hadn't picked up the problem, it's possible this could have been sold and some poor schlep would have bought that northern let thinking it's a separate tax map and had a big problem. We do have a separate CO. The location ef the house is odd here. The other application you had someone saying I have a vacant lot, I want to put two houses. We already have a house built here; we're just throwing eno mere possibly en the ether side. I gave te everyone a marked tax maps with yellow and pink with all the tax bills annexed, which shows all the houses that have been developed on Stars Read. If you leek at that you will see that the majority ef the lets are this side of a half acre let, and you'll see a let ef houses already built en these half acre pieces and then you'll also see -- I listed the owners -- a lot of single and separate lets on the same. Se, when I looked at it on the east side, I think there was one merged lot out from Hain Road all the way up to the top where I had marked. Everything else is buildable se the neighborhood is half acres. On the other side I believe there was only a couple ef merged let, everything else was either built en these roughly half acre lets or single and separate ownership. It would be unfortunate te penalize the Stadelmanns because unfortunately they get old and they probably forgot why they had dena this originally. They get good advice in the beginning when they bought it separately, and unfortunately Mr. Stadelmann in his mid 80s, you know, he died only six or eight months later. The major differences between your ZBA decision not to unmerge Lets 10 and 11 and this is, in that you said, hey, there was never any single and separate ownership. Here there was single and separate ownership for ever 20 years as shown by the chain. In that was on the western side of the Stars Read and it backed up tea development that had acre lots. This does net. This only backs up to one big ten acre piece on the ether side. I talked to that gentleman, he had no problem with this application. In the December 18, 2003 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 other application you said there was no proof of good faith intention te maintain the property as separate lets. Here there was obviously for 20 years a geed proof te maintain it as separate. Per some reason, the people that applied in that ether application didn't offer any proof ef economic hardship. You've heard from Ms. Rosenbaum, there's over $100,000 of economic hardship. Environmental impacts, you've heard from my client, it's a weeded lot. There are ne wetlands or environmental. It's really a different case altogether, and if not for that lawyer's error back in the 1990s, I wouldn't be standing here. It would have just gene through on a single and separate. I went through the Town code. You're more aware of these than I am. I don't believe there's an increase in the density of the neighborhood. The lot is consistent with the size of the lets in the neighborhood, the waiver will avoid economic hardship, and I don't see any major environmental impact. We're only having one house built here potentially, not the two in the prior application. I mean, it's unfortunate that the -- you knew, the Stadelmanns intended, they worked hard, they lived out here, you knew, they intended to provide a legacy to their children. They had it set up single and separately. It's unfortunate when they get older that for whatever reason, they forget why they set it up and they didn't get good advice. I~m asking that the Board consider all these reasons and granting the application. Thank you very much. CHAIRWOMAN OLIVA: Thank you. Hr. Goehringer. BOARD MEMBER GOEHRINGER: This is R40 zone? you . MR. FALLON: Yes, acre zoning. BOARD MEMBER GOEHRINGER: Thank CHAIRWOMAN OLIVA: Mrs. Tortera? BOARD MEMBER TORTORA: Couple of things to get the record straight. I'm net sure that there was an error on behalf of the attorney. You're probably not aware of it, December 18, 2003 2 3 6 7 8 9 10 12 13 lA 15 16 17 18 19 20 21 22 23 2~ 25 but this subdivision, which is a Sound Crest Woods subdivision, was on the accepted list until 1995, net effective until 1997; therefore, when the properties were put into common ownership in 1990, it was on the accepted list. HR. FALLON: That's good. BOARD MEHBER TORTORA: The lets were recognized. So, the father, just run that by me again. HR. FALLON: Is Fred Stadelmann, Fred was the father ef John Stadelmann. He passed away in 1991. BOARD HEMBER TORTORA: After the transfer? MR. FALLON: After the transfer, shortly thereafter. BOARD MEMBER TORTORA: Well, I just wanted te get that very clear for the record because this has net been merged 1990. It's only been merged since 1997. As te an error en the part of the attorney, when the attorney, in fact, deeded this out to the sen and the daughter, they were two separate lets under the code of the Town ef Seutheld. I just want te get that right en the record. HR. FALLON: I believe the attorney also if he could have made it 51 percent and %9 percent, had flipped it, there wouldn't have been any merger either. I believe that's correct. CHAIRWOMAN OLIVA: Mr. Orlando? BOARD MEMBER ORLANDO: No further questions. CHAIRWOMAN OLIVA: Is there anybody in the audience that would like to speak for er against this application? HR. COCCIO: Yes. Hy name is Tony Ceccie. I live at 2190 Stars Read next te the property in questien~ CHAIRWOMAN OLIVA: South or north? MR. COCCIO: North of it. And eno of the things I wanted to bring up where the attorney mentioned the fact that most ef the houses on Stars Read are half acre, I did a rough count the ether day ef them and mere than half ef them are ena full acre. Se December 18, 2003 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 there is a question there. On the question of the property, the property is a wooded let. They called it flat, it is net flat. There is a deep depression, which goes from the high spot en the southwest corner, toward the ether corner of the property, and it's -- I would guess between eight and ten feet deep and it should be looked at. I also don't believe that the criteria, ether than the hardship, the criteria based en what the cede calls fur a waiver were met. Talks about not substantially changing the piece of property. In order te build on that lo~, which is a hundred percent treed, pristine and natural, would mean taking down a majority of the trees and somehow dealing with that slope and that hole. Also, whether the attorney made a mistake er whether the Stadelmanns wanted to merge that property when they gave it te their children, I don't know if that's a question. The question is what is the criteria for getting a waiver? And my question is the substantial change to that property, the density in the area. During the summer -- and these people are net there during the summer, they're net even full-time residents. I live there full year 'round and I can see the density change just in the two years that I've been there. I purchased the property en the other side ef me fur that very reason, to keep a one acre lot without that density. And when I purchased that house two years age, we were aware of the fact that the property next door to us was merged and therefore assumed that it was net going te be built eh. And new we find out that they're looking fur a waiver te build en that property. And a half acre is net a let ef property to put a substantial home un. I assume also the Stadelmanns when they claim that the house is not on the center of the property, the reason probably was that they saw at the time it would be nice to have a decent amount of wooded area te eno side of them, which is a very attractive piece ef property. There are beautiful laurel in there December 18, 2003 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and there are animals in there constantly, and it really is a very attractive natural lot. The other point was, this property was zoned one acre, and now they're leaking to unmerge it se it can ge back te half acre. The development in the area has been dramatic, the density has been dramatic in the last few years. The houses in question at the ether end of Stars Road which are on half an acre have been there long before this was zoned as eno acre. Se I think in order te keep with the statute, which I guess it was created to eliminate some ef the density in the area, should be upheld. Any attorney's mistake shouldn't be an excuse, and we're net sure that really happened; that's what they're assuming if their parents decided you got eno lot, he gets the other let, or we give it to you together. We don't know the reason. We're assuming that's the reason. There were two different lets. Wouldn't somebody ask the question why it was in two different names? No, they decided te merge it into eno, se shouldn't it stay that way? Thank you. CHAIRWOMAN OLIVA: Thank you very much. Anybody else would like te comment? Yes° HS. GARLE: I'm Jane Garle, and I live on Stars Read te the south of the Stadelmann's house. I wrote a letter te the Beard stating my reasons for opposing the unmerger, and I agree with everything that Hr. Ceccio has just said, and I also would like te say that I question the idea ef financial hardship. Because -- and I wouldn't base any decisions en what one particular real estate agent has te say, and I also find it very odd that the prospective buyer of this house has absolutely nothing against the unmerger and presumably having another house right next to him. He's willing to buy this house for 400,000 and in my mind anyway, immediately destroy eno half ef his property, the property that could have been his. And I believe that maybe another buyer would cema along who would appreciate this extra privacy, and the beauty ef the surroundings. So I'm December 18, 2003 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 45 sorry, the Stadelmanns have been good neighbors of mine, Fred and Edith, and unfortunately they're both gene. I have nothing against John and his sister, but I de net see the necessity for doing this, and it is I who have te continue te live here, and Mr. Ceccio and the ether -- there are other residents of the street. Mr. Petas across the street, his name was en the list of neighbors to be alerted, and I spoke with him about it. Unfortunately he's disabled physically and he was net happy about this either. He's immediately across the street from the subject property. So, I hope that you will deny this request. Thank you. CHAIRWOMAN OLIVA: Thank you. Per the record, we do have another letter from Miss Nancy Swasanow as also opposing the unmerger. Is there anybody else in the audience that w~shes to speak? If net I'd like to close the hearing and - HR. FALLON: If I may, just that the tax map that I submitted clearly shews what the size ef the lots are; that's net in question. CHAIRWOMAN OLIVA: May I have a motion? BOARD MEMBER ORLANDO: So moved. CHAIRWOMAN OLIVA: Second? BOARD MEMBER HORNING: Second. CHAIRWOMAN OLIVA: Ail in favor? (Whereupon, all Board Members responded in favor.) CHAIRWOMAN OLIVA: Our next hearing is for Hr. Tzanepeules for Notice ef Disapproval concerning the location of a proposed addition and alterations at less than 35 feet for total side yard and with the lot coverage in excess ef 20 percent of the total let area in Homestead Way in Greenpert. We need the green cards. HR. CALIENDO: Yes. It's my understanding they were mailed te you. I de have copies ef them if need be, but they were put in the mail. CHAIRWOMAN OLIVA: Mr. -- MR. CALIENDO: Raymond Caliende, December 18, 2003 FORM NO. 3 N©TXCE OF DI[SAPPR©VAL DATE: _July 17, 2003 TO: Fallon & Fallon A/C John Stadelmarm 53 MMn Street Sayville. NY 11782 Please take notice that your application dated July I6, 2003 For permit _merger determination at Location of property 1980 & 2080 Stars Road, East Marion Comnty Tax Map No. 1000 - Section 22 Block 4 Lot 19 & 20 Is retTtmed herewith and disapproved on the following ~Vounds: The subiect lot (SCTM# 22-4-19) has merged with adiacem lot to the northeast SCTM # I000- 22- 4-19 & 20) pursuant to Article H Section 100-25. which states2 "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 1,198_3. 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." ~~d gignature CC: file, Z.B.A. 0 lO°48'ZO"E 107.00' 2. © 107.~0' N 'i0°17'20"W THOMAS ~OAD 21,3.00' 106.00' 106.00' 215.00' PC~iE ~Ds TeWD Building I~peebor (oepy ~tteched). The size requtremen~ for th~ zone is: ~,~,,,~ ...... square fee~ th~e parcels qua ~fy for a ~w~vsr" under the ~ergsr prov~sJon~ of A~ticla ~I~ Section 100-28 of the $outho~d Town Zonin~ Code, Town of ~eu~hol~ in ~aking this re~iew ' " ' Copy of the current County Tax Map fo~ my neighborhood. T~wn Of 8outho~d~ that ~ reserve ~he ~ght ~o ~ile for a based upon ~he above docu~eentation, for ippliaant and Owner} (delete app eppttdstion(tO continue on .next page)- 03/84/2093 10:28 7037247595 JOHN STADELMANN PAGE 82 APPLICANTg REASON Our p~rents held lots separately s~cc 197I, One lot w~s held ~ o~ mo~'s n~e ~d adj~ent ~ot w~ held ~ o~ fa~s n~e. ~ 1990 my ~shed to ~msfer ~ pro~ to ns. Howler, ~e ~m~ who ~d lhe ~sfem ~adve~y m~d ~e prop~es. Nei~er my pmn~ or ns aw~e that ~, way ~, a~om:y ~aRcd ~ dc~s m~ed ~c ~cs, ~u% we ~ .~s~g waiv~ of m~ m co~e~ ~e a~mey's ~or. W~ver of me,er shoed be grated because ~e neighb~ho~ ,onsi~s of lob p~ily one a~ ~ size ~ co~ ~ ~e ~g~n~ subdDision ~ 1969. ~e ~v~ of m~ ~lI not reset ~ a s~/ficmt ~cm~c ~ d~i~ ofneigh~hood. E~om/c h~p ~ll be ~even~ed given ~e v~ue of~o sep~ate Io~ ve~s ~e v~ue of one lot ~ ~ es~e bmk~ es~at~ m~g~ would reduce ~e v~ue of ~ese p~cels ~ appmx~ely $150,000~00 m $200~000.0O. should not su~ ~ economic loss due m m a~omey e~or. L~y, no ~vfroment~ impa~ ~ll be ~used by w~v~ of merger, ~/84/2~03 10:28 7037247S05 JOHN STADELNANN PAGE ~arc~l~ ,,~.... If ~ves, ~ieas~ ex?lain w~e=e or n~mi~ copies and LOT W_.A~VE~ What are the squaw foot~ge and dimensions of this ~ot (subj~ of bui~Jng depercnmnt merg~ app~ic~on): ~ s.f. ]~0-7_ fL by ~ +- fL Da~ of 'first d~ed which created this ~ot: Date of corrent deed to present owner: Ownem' names of ~ot mt current ~me: ~-0 ~A~ · Date ~nd name of su~Ms~on Of any): Size of remaining 1o~ in the merger: Were there any building permits issued in the past for th~s bt: Yes __ ~[f ~, please provide copy of former permit and map approved. w _~ there an,/go~nty Hea)th Department ~ppr°V~s In the past for either ~o~? Yes ~/ . Were ~ any,yacht ~nd Cm~fi~ of Oc~n~ r~u~ ~n ~e ~? Were there ~ny other Town 8~ons (appr~'a~s or. denials) ~B the pa~,t regarding this · property (such as a pre'exI~ng Ce~flc~te of Occupancy for. ~dance,, tot-~ine change, T~Stees approval, or other type of applk~tion to bu~d or use the property ~n any way)? Yes ~ No '" . ~f ~s~ p~se prov~de..copy gf awllab~e), or explain: ~s t~r~ ~n¥ b~i~d~ng or stn~cL~re, sud~ ~s a ~§o, d~vew~y~ or deeded ~ot ~ne which separates'the t~o merged No, v~ Yes ~ tf yes, p~emse exp~aim How many Other vacant ~ots are on the,~me 'biock and '{mmedi~te neighborhood? Please note other app-OYals or o~er ~nf~a~on a~ut common o~e~h~p of ][ mm an owner bf the sub~ect ~ot and the ~boYe infoym~tion 'is provided to 'the best of my know~edge. (Cop, ies noted above ~8t0~t200~ ~0:28 70~7247595 ~OHH STADEL~ANN P~GE 85 I I APPEALS BOF~RD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Ooehringer Lydia A. Tortora Vincent OrIando James Dinkzio, Jr. Southold Town Hall 53095 Main Road EO. Box I179 Southold, NY !1971-0959 TeL (~31) 765-1g0~ Fax (63I) 765-9064 http://southoldtown.nord~fork.net BOARD 01~ APPEALS TOWN OF $OUTHOLD Januaw 30,2004 .By Fax 587-0340 and Refjuler Msi[ David P. Fat[on, Esq, 53 Main Street P.O. Box 423 SayvBe, NY 11782 Re: Appl. No. 5437 - Variance (Stadelmann-Coleman) Dear Mr, Fallon: Enclosed please find a copy of the findings and determination, with conditions, rendered at Zor~in9 Board of Appea~s Meetin9 held January 8, 2004. A copy was also furnished today to the Building Department as an update and for their permanent records. Thank you. Very truly yours, Linda Kowa[ski Enclosure Copy of Decision also furnished 1/30/04 to: Buiidin§ Department FALL©N & FALL©N LL? A~ruey~ and C~u~se~or~ at ~aw James V. Fa;~ou James V. FalCon, Jr. September l~5, 2003 Town of SouthoId Board of Appeals Town Hall Southold, N~f 11971 53 Main Si. ]PO Box 423 Sa3mille~ NY 111782 Fax: Re: Stadelman/Cdieman -waiver of merger application Tax map number 1000-22-4-19 and 20 Gentleman/Ladies: Enclosed find check in the sum of ~150 payable to Town Clerk and original and six copies of: 1. application for waiver; 2. denied building permit 3. cer~iScae of occupancy; 4. single and separate search; 5. 4. deeds; ~. tax bill for boi~. lots; 7. survey; 8. tax maps for section 22 and section 3 i; 9. colored tax maps for section 22 and section 31 showing improved parcels, vacant parcels and owners for each parcel along Stars Road with ~ax bills for each lot. Please schedule a heating on this application. If anything further is needed, please contact iTle. Very truly yours, David P. Fallon Enc. ]ELEE~B]ETPI ~o N]Er~r~LLE REGiSTRAt~ OF VITAL STATISTICS ~IAGE OFFICER I~ECOEDS MA~AC-EMENT OFFICER F~EEDOM OF INFOP~f~ATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~ (831) 785-6145 Telephone (631) 785-1800 southoldtown.nerthfork.net OFFICE OF TIlE TOWN CL]~I~K TOWN- OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: September 25~ 2003 ZopJng Appeal No. 5437 Transmitted herewith is Zoning Appeal No. 5437 of John Stadelman amd Jeanetle Coleman by David P. Fallon of Fallon& Failon for a Lot Waiver. Also included is: letter of transmittal dated September 16, 2003; ZBA Questionnaire; Lot Waiver Questionnaire; Applicant Trmnsactinnal Disclosure: Notice of Disapproval dated Ju~y 17, 2003 with building permit application; Certificate of Occupmqcy; title search reports; copy of deeds; tax bills; surveys; and tax maps. Town Of Southo[d P.O Box 1179 Southold, NY' 11971 * * * RECE~P% * * * Date: 09/24/03 Transaction(s): Application Fees Receipt#: 4O39 $150.00 Check#: 4039 Tota~ Paid: $150.00 Stadelmann, John C 1509 Church Hill PI Reston, VA 20194-1235 Ciera ID: LINDAC Internal ID: 82316 1-188/03 EaSt Marion, NY ~tle No. TPS -- ?rerndses:-- 1980 Stars Road, Par~es in ATTORNEY'S CERTIFICATE AND REPORT Abstract Corpoetion ceriifiesto Town of Southold that in consideration of the fees, due and payable upon the delivery of this certificate, it has examined title to the premises described in Sched~e A herein, in accordance with its usual procedure for the purposes, and within the time periods set forth on the Search Statement annexed hereto. This Ceriificate and Report of Title will except all responsibility for ali loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth in this ceriificate which are not disposed of to its satisfaction. This certificate is subject to any question or objection as a resn!t of a continuation of the title to the date of closing or which may be brought to the attention of the Company prior to the closing; or which in the absence of a continuation or closing occurs after the date of this report. This certificate shall be null and void (t) if the Company's fees therefore are not paid (2) if the prospective insured, his attorney or agent, or the applicant or the person to whom this certificate is addressed, makes any un~rue statement with respect to any material fact or suppresses or fails to disclose any material fact or if any untrue answers are given to material inquiries by or on behalf of the Company. Any claim arising by reason of the issuance of this certificate shall be restricted as to its mechanical process- es, to the terms and conditions of the s~ndard form of title insurance policy. This Company's limit of liability for any loss sustained in reliance upon the information contained in this Certificate, unless otherwise stated, shall be limited to SL000.00, whether founded th tort or contract. The land which is the subject of this transaction, lies in Dist. 1000 Seer,[on 22.00 B~ock 4.00 Lot 19.000 & 20°000 C~ty/Town of Dated: 5-22-2003 Redated and Reoeriified: on the Land - Tax Map of the County of Su f fo 1 k Authorized you have any questions regarding this report please communicate with Mason Hauser ~oTP~-A~STRAC~CO~ hereby ce~tifles to the: TOWI~ OF SO~JTHOLD · .. f That it has caused a Special Search to be made m the Off,ce of the Clerk o. the County of Suffolk State of New York and again~ the properties set forth hereJnalter described from 1-1-82 to date to ascertain the Fee Chain of ~tfe respe~ing said premises described herein; and the premises abutting since 1-1-82 and has'found only the returns set forth in the following pages. This search is for information only. This Certificate is given with the understanding that in no event is this Company's liability to exceed the sum of One Thousand ($1,000.00) Dollars and no polio/of insurance is to be issued hereunder. SEARCH# 1<188/03 Peter Colomer DA-T~D: 4-21-2003 For The Company STATE_ OF N~/YORK) COUN2FY OF SUFFOLK) ss: On this t2m day of June 2003 before me me known to be the indJvidua[ 0escribed in Certificate, and he thereupon duly a( same. ~oeared Peter Co[omar, to executed the foregoing me that he executed the Fubfi :. Stats Of No. 80-4644188 Ouallfied ~n Nassau TP$ A~STP~J~CT CORPORATION 350 Cid Country Road, Garden City, NY 1i530 SUBJECT PREmiSES D~s~: ~GDG Sec~iom 022 Baoc~: G4 Lo~: 020 Grantor(s): Dated: Page: George W. Schroeder, Jr, & ~lad~yn $chroeder, His Wife Fred Stadelmann 6945 Grantor(s): Grantee(e): Daied: Recorded: Page: Fred Stadelmann Fred Siadeimann and Edilh Stade~r~a~n Dated: Recorded: Liber: Page: Fred Stedetmann and Edith Stadetmann, His Wife John C, Stade~mann and Jeane~e Cofeman as Tenan~ in Common ~-I 6=90 11245 23 Tenants in Corarnon Les~ deed of record for Lot 20 TPS Abstract Corporatioa Peter Co~omer SWORE DAY OF JUNE, 2003 MASON HAUSER No 90-z6~41 ~8 QuaJJfied m Nsssau County Commission Ex~ires June 30, TPS ABSTRACT CORPORATION 350 O~d Country Road, Garden City, NY 11530 PREB~SES ADJOINING ON THE EAST D[st: 1000 Section: 02.2 Block: 03 Lot: 005001 Granter(s): Grantee{s): Dated: Recorded: L~ber: Page: Dorot~yE. Cook, ~ndiv~dua[I¥ and as E×ecutd× ofT~e Las~Wii~ and Tes~am~n~ of George C. Cook, Jr 14~ Grantor(s): Grantee(s): Recorded: Page: Gra~or(s): Gra~tee{e}: Dated: Recorded: Page: ~ario~ Woods Associates -11465 114 Gra~ee(s): Dated: Recorded: Liber: Page: ~adon Wood Associates Richard Sinatra and Carni~le Sinatrs 11944 487 Tit~eto alt of prercisea is vested i~ Richard Sinatra and Camille Sinatra Last deed of record for ,Lot 005081 TPS Abstract Corp Peter Co,on, er SWORN TO :~EFO/~ ~E 7H~S DAY 12~h DAY OF JUNE, 2803 ~ ¢ ~¢~/ ¢ NotawPublic, StateOfNewYark ~J { t ' v~ ¢ ,N0.30~644168 ~ ¢ ~ Quali,ied tn Nassau Coun~ ~ ' ~ Commissia~ Expires JuRe 30,20~ TPS ABSTF CT COP, POP, AT)ON 350 O(d CouHtry Road, GsrdeH City, NY 11530 PREH~SES -ADJO~NING ON THE SOUTH Diet: ~00D Section: 022 Block: 04 Lot: 018 Grantee(s): Dated: Recorded: Page: Theodore Schroeder, George W. Schroeder. Jr. and ~ar~!yn 5. Schroeder 523 Grantor(s): Grantee(s): Dated: Recorded: [-iber: Page: ~obert R, Schroeder Robert R, Schroeder and Ethe) C. Schroeder 7-8-75 7-10-75 787~ Grantor(s): RobertR. Schroeder and Ethel C, Schroeder, H)s Wife Dated: Recorded: 5-S-77 Page: 158 Titfe to ali of pre~nises is vested in Jane .~. Gohore) Last deed of record'for Lot 18 TPS Abstract Corp .By:~-~--- Peter Co,or, er SWORN T? 1BEF~ ~E/~iS DAY 12th BAY OF ,JUNE, 2003 ~ ~ I No. 30-46441S8 ~ Qus)ified m Nassau ~ounty Oommiss on ~pJres Jun. 30, Dist: 10O0 Grantor(s): Grantee(s): Recorded: k~ber: Page: Grsntee(s): ~ec~rded: L~ber: PeDe: Granter(s): Grantee(s): Doted: L~ber: Page: TPS ABSTPJ CT CORPORATION 350 OM Country Road, Garden City, NY 11530 SUBJECT PREtenSES Section: 022 B~ock: 04 Lot: Theodore H~ Schroeder Edith Stade~n~ssn 6947 Fred Stadefmen~ end Edith Stade~n~enn, His Wife John C. Stedeln~ann and Jeane~e Come.an, ss Talents ~s Common 11245 Tit~e to s~ of premises is vested ~n John C. Stede~ramnn end Jeanette Co~en~en, es Lest deed of record for Lot 19 TPS Abstract Corporatio~ BY: Peter Colorer S ORN. O BEF~O~5,~= THk. DAY ~2 ~ H DAY OF JUNE 12, 2003 No. 8D-4644188 Quslified in N~ssau County O~mmission Expires June 80, TPS ABSTRACT CORPORATION 350 O~d Country Road, Garden City, NY 11530 PREmiSES ADJO~N~NG ON THE NORTH D~st: 1000 Section: 022 Btock: 04 Lot: 02! G~antor(e): Grantee(s): Dated: Recorded: Liber: Page: Grantor(s): Grantee(e): Recorded: Libor: Page: ~ar~n Gensier and Audrey Genstar 1 I6=20-99 Grantor(e): Grantee(a): Dated: Recorded: Page: ~ar~in Genstar and Audrey Genstar. His Wife Anthony V. Cocheo and Luise Cochea. HusHand and Wife 3-12=2002 5-22-2002 121 T~t~e to al~ of prer~ises is vested in Anthony V; Cocheo and Luise Cocheo, Last deed of record for Lot 2J TPS .Abstract CorD P~ter Co,omar SWORN TO BEFORE 12th DAY OF JUNE 2003 FRuM : ,LLOYD'S,REaLTY F~X ND. : ~3! 4?? B042 ~pr ~4 2003 D2:i?PM P4 FROM,: LLO~D'S REALTY ,~ FR~O~ : LLOYD'S REALTY F~× NO. : GD~ 4?? D04~ :14 2D03 06:53P~ ! i~ ~he Offi¢~ O~ ~he CleFk o~ %h~ County of Suffotk on J~ne D~ P2 VD~S REALTY FAX NO. : 651 ~?? 0~4~ P-~. 14 2003 B6:5]PM P~ House rear yard lel~. House rear yard fac'h~g lot. House rear yard ~'om rig.hr Lot from side. Lot from rear yard. Lot fi.om right. © © 6@@ Eas~ar~ Cour~ MATTITUCK Garage - 2 A~ached Fireplace - 2 Taxes: 20¢3 Appmx $5,80¢ Days on Market: Approx 84 Age- 1971 Bedrooms - 3 Baths ~ 2,5 ?roperg~ - .92 Acre Originial ?rice $495,@@@ SOLD $47@~@@0 11/@3 2600 Duck Pond Rd~, CUTCHOGUE SgAe - Ranch Garage- 2 Atlached Fireplace- 1 Taxes: 2003 Approx $5,557 Days on Market: Approx 34 Age- 1987 Bedrooms - 3 Baths ~ 2 Property - .97 Acre Originial Price $495,000 SOLD $462~500 9/03 2765 Rd.~ CUTCHOGUE S~yle - Ranch Garage - 2 Attached Fireplace - 0 Taxes: 2003 Approx $3,456 Days on Market: Approx lg Age- 1983 Bedrooms - 2 Baas ~ 2 ?roper~y - .92 Acre Ofiginial ?rice SOLD $375~@@@ 9/@3 Td: ~3z-477~222~ F~, 63]~477-~42 Comparable ~arket_A~a~ s~ 2080 Stars Rosd, Orient, NY 11957 SCTM# 1000-22-4-20 Prepared for John Stadelmann and Jeanette Colemar~ Subject Property: Location Acres Lot Area 2080 Stars Road, East Marion .46Acre 20,036 Comparable Sold Properties: Location Acres Lot Area Sold Price 2780 Stars Road, East Marion .50 Acres 21,780 655 North Sea Ddve, Orient .57 Acres 24,829 1015 Lakeside Drive N., Southold .57 Acres 24,829 535 McCann Lane, Greenport .44Acres 19,165 2320 Stars Road, East Marion .47 Acres 20,473 Date $189,000.00 7/03 $215,000.00 7/03 $185,000.00 7/03 $170,000.00 7/03 $182,500.00 8/03 Average sale price: $188,300.00 *This is not an appraisal, Anthony & Luise Cocheo 2190 Stars Road East Marion, New York 119309 December 23, 2003 Board of Appeals Town of Southuld Ruth Oliva~ Chah-woman : Re: John Stadelmann/Jeannette Coleman Request for Waver to unmerge vacant area at 2080 Stm~s Road, East Marion, New Dear Ms. Oliva: I am writing t?ds letter as a follow-up to the hearing of 12/18/03 to reiterate and correct some points made. The owner's lawyer stated the property- was flat which it is not. In order to build on it 'MI1 mean the destvaction of almost all the trees, and a major change in the contour of the parcel. This change in contour could cause major drainage problems, most l~kely to my property. They stated that a majority of the homes on Staxs Road were on ½ acre plots. Tlgs majority is only a small majority and almost all the home (nor~Ja of Willow Road)~ near tb~s property~ are on 1-acre plots. The attorney s~eculated that Mr. & Mrs. Stadelmann gifted the property to their ctfildren not understanding the ramifications of their action. I s_peculate he did know and intended to gift the property as one piece, knowing one part had more value than the other, and wanted to be fair to both children hi b~s gift. [ luther speculate he hoped his children would use and enjoy the home and property, not to tarn it over for the maximmu financial gain.. Please note my w~fe and [ have spent a great deal o£time, effort and money improving our property to the overall gahi and improvement of this area. This effort vgll be yew much diminished by people who have no interest in the area, its appearance or density, but only wish to cash out on their parent's property. It is my belief that we must uphold the ordinance, which made tbJs area zone R40 and merged property to acLhere to tbJs zohing. It is counterproductive to second guess the ordinance and unmerge tbAs property. I hope you v~ll deny this appeal which Mil help maintain the quality of life and rural character of tbJs part of Stars Road° Thank you very much for your consideration in tb3s very knportant matter. Anthony Cocheo L~se Cocheo P.S. t would appreciate you sending us a copy of your decision. CC: December 2003 Board of Appeals Southold Town Ruth Oliva, Chairwoman John Stadelmann/Jeannette Coleman Request for Waiver to unmerge vacant area at 2080 Stars Road, East Marion, New York Dear Ms. OIiva, I am opposed to the unmerging of the above property because it will inevitably lead to further new home contruction, traffic and increased density in an area which has unfortunately sufl'ered a great deal of drastic change in less than a decade. We have aIready seen our rural Iandscape transformed and our natural environment shrink...gone are the woodcocks and pheasants of yore and other creatures, except for the deer who have suffered loss of habitat and seem more plentiful. They're hungry. In spite of the feverish pace of development, Stars Road still retains a rustic "country" air and remains a nice place to live, take a walk, run and cycIe. But for how much longer? The Stadelmann/Coleman property, two lots in the 1970s, became one lot in 1983 when contiguously owned tracts were merged to comply...as closely as possib[e...with the one-acre zoning ordinance. This was meant to limit density. To undo it now would be totally inconsistent with overall good planning. I see no real need or hardship for the applicants. The property "as is" remains very valuable...perhaps, more so. A buyer who appreciates the extra privacy and space (thickly wooded with mountain laurel) wil~ certainly come along. The Board needs to stand firm and uphold the code enacted twenty years ago to help preserve what is left of our rural way of life. Sincerely, Jane M. GohoreI 1870 Stars Road East Marion, New York 11939 OFFICIAL U._ SE ONLY STADELMANN / COLEMAN (FALEON) WAIVER TO UNMERGE LAND 5437 VO Checklist for new projects: 1980 STARS RD E. MARION 22-4-19 & 20 .CALL APPLiCANT/REPRESENTATIVE FOR AVAILiBILITY LABEL: (4) INOLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S iNITIALS, ~PROJECT, VAR]ANOE, ADDRESS - top/front fldr, checklist sheet, 1st pg. appl CTY TAX I~AP 8 CPES - 2 W/NEIGHBOR80~ROLED AND #'S WRITTEN (1 FOR APPL & 1 FOR FILE TO BE STAPLED TO RT INSIDE FOLDER) ~A~L~NGS: ]NOLUDE COVER LTR, 81GN, AFF8 SIGN PSTG & MLG, CHAP 58, LEGAL NOT]OE- COPY OF ALL BUT AFF8 & 58 IN FLDR RT ASSESSORS CARD PULL NOD FROM BD - 7 OPE8 - 1 ON FLDR RT S~DE ~NDE× CARD - MAKE NEW OR ATTACH / ADD ON TO OLD [F PRIOR RESEARCH PRIORS - INDEX CARDS, LASERFIOHE, - 6 CPES OF DEO (1 RT SIDE FLDR) - CPE ]NDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR SOIL & WATER LTR: PARCELS ON L[ SOUND - ~ai~ ASAP PB COORDiNATiON ~EMO: ANY COMMERCIAL/SUBDIVISION PROJECTS include: ZBA adp, NOD, & BD app (S drive ZBA, memos) - interoffice ASAP iNSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or ~%, \~sound, or estuaw, Enclose ZEtA adp, dec~sion, survey/map & NOD UPDATED: NEW ~NFORMAT~ON: Richard & Cam/iIe Sinatra I64 15a' Avenue Seaclif£ NY 11579 Eleflerios Pittas 2175 Stars Road P.O. Box 554 East Marion. NY 11939 Eleflerios & WF Pittas 40-28 67th Street Woodside, NY 11.377 Visilios & WF Theoharalds 31-08 3Ist Avenue Astoria, NY 11106 Jane M. Gohorel 1870 Stars Road East Marion, NY 11939 Anthony V. & Luise Cocheo 169 Br/xton Road Garden City, NY 11530 Tax Map Lot Number 22-3-5.1 22-4-7 22-4-8 22-4-9 22-4-18 22-4-i9 LEGAL NOT~CE $OUTHOLD TOWN BOARD OF APPEALS THURSDAY~ DECEMBER ~8~ 2003 PL~BL~C HEARING NOT~CE IS HEREBY G~VEN, pursuant to Section ga7 of the Town Law and Chapter '~00 (Zoning), Code of the Tow~ o~ So~ho~d, ~he fo~ow~n~ p~b~ic hearings w~ ~e h~d ~y ~he SO~THOLD TOW~ ~OA~D OF ~PEALS a~ ~hs Tow~ Ha~[, 530~5 ~a~n Road, P.O. ~ox ~79~ Sou~ho~d, ~ew Yor~ ~97~-0~59, on Thursday, DscemSer ~8, iD:40 A~ JOHN STADELMANN AND JEANNETTE COLEMAN #5437= This is a request for Waiver under Section f00=26 to unmerge a vaca~ area of 20,40~ squ~re feet, 2080 Stars Road, East ~ar~o~ (Sou~dcr~s~ Woods, Ssct)o~ ), ~15, CT~ 1000-22~-20). ~ased on tbs ~u))~)ng Dspa~msnt"s Ju)y t7, 2003 Not)ce of The Board of Appea~s ~vi~ hear a~l persons, or their representatives, desiring to be heard at each hearing, end/or desiring to submit written s~a~eme~s b~fore ~he co~cJus~o~ of each head~. Each hear~n~ w~ ~o~ s~a~ ~aH~er Dated: November 2'~, 2003. RUTH D. SLAVA, CHAIRWOMAN BOARD OF APPEALS By Linda Kowa~ski, Board C~erk