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/M AC , c.acn 78 5 3 ' P. . 4`n15. o.3 .fi�i aU,EkC i. .. ... . l{-2p- 03 iJ II J 11 II • 11 tltl� •- ', . . • • 1 SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.0. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD,N.Y. 11901-0203 FRANCIS J.YAKABOSKI PIERRE G.LUNDBERG OF COUNSEL FRANK A.ISLER (631) 727-4100 SUSAN ROGERS GRUN GAIR G.BETTS FAX (631) 727-4130 REGINALD C. SMITH 1926-1963 JEANMARIE GUNDERSON E-MAIL sfliy@peconic.net PHIL SIEGEL March 3, 2004 By Hand Robert J. Hindman, Esq. Ahmuty,Demers &McManus 750 Roanoke Avenue Riverhead,New York 11901 Re: Taggart v. Town of Southold Dear Mr. Hindman: This will confirm that your firm will be handling the defense of the above Article 78 proceeding, having been designated by the Town's insurance carrier. I am transmitting a copy of the Zoning Board record, which had been provided to us by the Zoning Board. I have spoken to Douglas Penny, the attorney for the petitioner, and have indicated that you would be handling this matter. If you have any questions,please do not hesitate to contact me. Very truly yours, CUnV-- A- �l,ems Frank A. Isler FAcs Enclosure cc: Zoning Board of Appeals Patricia A. Finnegan, Esq. Town Attorney 4111, APPEALS BOARD MEMBERS �,,,,,,,®,�� �� �� Southold Town Hall Lydia A. Tortora, Chairwoman ,'�® �� 53095 Main Road Gerard P. Goehringer ; ; P.O. Box 1179 George Horning ;� 'CZ. ��� Southold,New York 11971-0959 Ruth D. Oliva, Chairwoman ;��� � ���1 ZBA Fax(631)765-9064 Vincent Orlando _ .'' Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED �4&# TOWN OF SOUTHOLD 2/ '" 1 FINDINGS, DELIBERATIONS AND DETERMINATION DEC 1 7 2003 MEETING OF NOVEMBER 20, 2003 S 7,2 ) Appl. No. 5389—JASON TAGGART al ��� h®6d �1 fi®w� e 2 Location of Property: 815 Wabasso Road, Southold, CTM 1000-78-3-29, merged with 78-3-28 Date of Public Hearing: September 25, 2003 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total merged area of 26,400 sq. ft., identified as 29 and 28 at Section 78, Block 3, of the Suffolk County Tax Maps. The applicant's dwelling exists on the westerly portion of the property at 45.1 feet from the front property line facing Nokomis Road. The entire 26,400 sq; ft. parcel has 115 ft. frontage along the east side of Nokomis Road and 125 ft. frontage along the west side of Wabasso Street, in Southold. The parcel, existing with a merged area of 26,400 sq. ft., does not conform to the minimum 40,000 sq.ft. lot size requirement for this R-40 Low-Density Residential Zone District. BASIS OF APPLICATION: Applicant's request is based on the Building Department's February 18, 2003 Notice of Disapproval, determining that the subject lot, SCTM #1000-78-3-29) merged with adjacent lot to the west (SCTM#1000-78-3-28)pursuant to Section 100-25 which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot 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." RELIEF REQUESTED: Applicant requests a Lot Waiver to unmerge 13,750 sq. ft. of area (CTM 28) from a remaining 12,650 sq.ft. of area (CTM 29). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of a waiver to unmerqe a land area of 13,750 sq. ft. from the existing nonconforming lot area of 26,400 sq.ft. is not consistent with lots in the neighborhood. The applicant's property consists of a total area of 26,400 sq. ft. Adjacent neighboring lots, to the north, east, south and west are larger than the proposed unmerger by applicant, and each are improved with a single-family dwelling, and consist of the following lot sizes: (a) to the east, CTM 50.1 consists of 25,200+- sq. ft.; CTM 49 consists of 14,400+- sq. ft.; (b) to the west, CTM No. 16, 15, each consist of a minimum area varying between 13,900+-sq. ft. and 26,620+-sq.ft. The applicant's 26,400 sq. ft. lot is improved with a single-family dwelling and has been in common ownership since 1970, and up to the present time. Although the property was acquired by the applicant on March 7, 2000, the property was never held in single-and-separate ownership at any time between 1970 and the present time, as confirmed by the title search prepared by Fidelity National Title Insurance Company dated May 20, 2003 and other file information. 1 Page 2- 5N389-J. 20,2003 Appl. No.5389-J.Taggart 411111 . SD 1000-78-3-29,28 Information was submitted by the applicant's attorney, in writing, and testimony offered during the September 25, 2003 hearing that the applicant's grandfather, Theodore Kwasnik, acquired the improved lot (described land with a single-family dwelling, referred"to as the westerly portion, CTM 28) in 1963, and then acquired the remaining property in 1970 (described=land referred to the easterly portion, CTM 29). It was also noted that the applicant wishes to obtain approvals to build a house (CTM 29) , and to retain the existing house (CTM 28). Although the property was acquired on different dates, the land is described as shown on the former 1963 and 1970 deeds conveying the property to the predecessor in title (T. Kwasnik). The property was not created by Town subdivision approval, or listed on the Town's Lists of Excepted Lots Area and Width in effect since 1979, and was acquired on March 7, 2000 by the applicant(Jason Taggart). 2. Proof to show that a waiver will avoid an economic hardship. The town's assessment records show that the land was split in 1963 from a 4.5 acre parcel (formerly C.H. Wickham. A new house was built on CTM 28 during 1963. In 1970, CTM 29 was conveyed by deed, with a value of$3,000. The August 29, 2003 fair market value opinion prepared by Mary Ann Feaval of Century 21 Agawam Albertson Real Estate indicates a value of $450,000 if the properties remained as merged, with the house portion valued at $399,900 and the remaining portion at $51,000. The information offered also indicates that the property would become more valuable if the lot waiver were granted, adding another$149,000 in value, but it does not show that there is an economic hardship for the property to remain as one lot of 26,400 sq.ft. The record does not demonstrate proof that there were good faith intentions at any time between 1970 and 2002 to separate or maintain the properties as separate lots or a good faith intention to build a separate dwelling, although the properties had separate tax assessments based on the 1963 and 1970 deeds; and, that the lots were provided as security in March 2000 in a single deed to the applicant. There is no proof demonstrated in the record to show that the southerly portion (CTM 29) of the applicant's property was maintained continuously as two separate building lots. No application to an agency for building or other approvals was filed by the owners since 1965, and no information to show good faith intention to separate ownership or otherwise separately maintain the property during the last 33 years was offered. 3. Evidence with regard to environmental impacts and potential effects under Section 100-26A(4). The neighboring adjacent lots are already developed and improved with dwellings. The Board is not willing to create additional future lots, increased number of dwellings, increased traffic, increased water and sanitary demands, and other related environmental effects. I P - 53 `1 (TQvia;+ 0OD Nov. 7�, zcn3 (O _322 & 4. Information was submitted to show that the property does not require fill or change in the present grade, and natural details and character of the contours and slopes are no different than others in the neighborhood. RESOLUTION/ACTION: On motion by Member Horning, seconded by Chairwoman Oliva, it was RESOLVED, to DENY the requested Waiver to unmerge CTM 29 from CTM 28, as applied for. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Goehringer, Tortora, and Horning. (Member Orlando was absent(out of state). C79--FLA—k) & , a4).--Ci RUTH D. OLIVA, CHAIRWOMAN 12-17-03 Approved for Filing 1 /I 1110 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN 0 F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 September 25, 2003 12 9 : 30 a.m. 13 14 Board Members Present : 15 LYDIA A. TORTORA, Chairwoman 16 GERARD P. GOEHRINGER, Board Member 17 GEORGE HORNING, Board Member 18 RUTH OLIVA, Board Member 19 LINDA KOWALSKI, Board Secretary 20 21 22 7 -eb OCT 232003 23 ORIGINA 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 41001) 44 ' 2 BOARD MEMBER OLIVA: So moved. CHAIRWOMAN TORTORA: All in favor. r—) 3 (Whereupon, all Members of the Board responded in favor. ) 4 CHAIRWOMAN TORTORA: Motion carried. 5 The first hearing on the afternoon agenda is Jason Taggart; is there someone here 6 who would like to speak on that appeal? MS . KOWALSKI : Mr. Taggart . 7 CHAIRWOMAN TORTORA: Taggart, I'm sorry, Mr. Penney. 8 MR. PENNEY: Douglas Penney, appearing on the behalf of the applicant, 9 Jason Taggart . Do you need to read any public notice into the record? 10 CHAIRWOMAN TORTORA: No, we don' t . 11 MR. PENNEY: A waiver of merger 100-26 to permit the issuance of a building 12 permit for a single family dwelling on a vacant parcel, Wabasso Road in Southold, 13 District 1000, Section 78 , Block 3 , Lot 29 . As shown on the single and separate 14 abstract, which is already contained in each of your mails and known as 1145 Nichomas Road. 15 This parcel is identified on the tax map as 1000-78-3-28 . This lot is improved with a 16 dwelling, which was built in 1963 , and it is benfitted by a certificate of occupancy. 17 Although these properties have been held in common ownership since the vacant 18 lot was purchased, both lots were conveyed by separate deeds, at separate points in time and 19 have always benfitted from separate assessment and separate property taxes and stated its use 20 as a residential vacant lot, and the certificate of occupancy issued for the 21 improved parcel only references Tax Lot 28 . Although these may not be the most 22 legally significant factors in this application, they help tp explain why the 23 applicant never bheckerboarded the lots, and had always told Jason that he could build a 24 house on it . Mr. Koslik resided on the east end and was relatively unsophisticated about 25 zoning, planning and other land use issues and bought the properties at different times, had COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1111 45 1 1111 2 two separate deeds, was always assessed separately and believed that he, in fact, had I—) 3 two separate parcels . After Jason' s grandfather passed away, he purchased the 4 house and the lot under the same assumption. I believe it' s important to 5 remember that these lots were purchased in 1963 and 1970, long before your date of 6 codification in 1983 . This is not a situation where a property owner comes into the town 7 owning a parcel of property and buys an abutting piece, when here' s a situation where 8 a person through his own inactivity would have had to do something affirmative to 9 checkerboard his properties back in 1983 . He obviously wasn' t aware of it and allowed that 10 time to pass . Your Town Board specifically 11 enacted legislation and created a procedure by which the Zoning Board of Appeals is allowed 12 to waive and make four separate and specific findings of fact, and if those four findings 13 are made, the waiver should be granted. The first as I 'm sure you all know 14 that the waiver must not result in a significant increase in density, and second 15 the lot must be consistent in size with the other lots in the immediate neighborhood. 16 The third, there must be some economic hardship to be avoided by the merger, and 17 fourth and contours of the lot should not be significantly changed and there should not be 18 a significant amount of fill being added to the property so as to cause any harm to it 19 environmentally or flood sensitive areas in the vicinity. 20 I have submitted to you, and I have the original still with me which I will 21 hand up later to be marked, a copy of Section 78 of the County Tax Map showing the vacant 22 and improved parcels, along Hiawatha' s Path on the north and east and along Nichomas Road on 23 the south and west . A review of this exhibit will show 24 that absolutely every lot in this area is nonconforming as to both the lot area and lot , x 25 requirements in this AC district . Of the 32 lots that are identified COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 46 1 2 as being within a relatively significant radius of the property, 24 are improved with r-) 3 single family dwellings only eight, or 25 percent remain vacant . 4 Of the 24 improved lots 18, again 75 percent, are comparable in size and lot 5 area and 125 are of lot width contained in the subject parcel . 6 CHAIRWOMAN TORTORA: Could I just stop you there for a point of clarification? 7 MR. PENNEY: Sure . CHAIRWOMAN TORTORA: When you' re 8 speaking of the area that you conducted the study in, could you clearly delineate what 9 area that is? MR. PENNEY: I said Hiawatha' s 10 Path on the north and east and along Nichomas Road on the north and west . 11 CHAIRWOMAN TORTORA: This is Nichomas Road extending up to Bay Avenue or 12 Old Hiawathas Path? MR. PENNEY: Only the Hiawathas 13 Path I felt was the immediate neighborhood. CHAIRWOMAN TORTORA: So the 14 boundary would be Hiawathas Path and Nichomas Road, and just the areas, the lots that are 15 contained in the diagram that you submitted to us? 16 MR. PENNEY: Yes . Courts have generally up held character -- 17 CHAIRWOMAN TORTORA: I think the code refers to the neighborhood or district . 18 MR. PENNEY: Yes . For you to determine what is the neighborhood I could 19 have gone farther, and I don' t think it would have changed. 20 CHAIRWOMAN TORTORA: I wanted to clarify what the data is based on. 21 MR. PENNEY: Shows the particular area that I went to the assessor' s office and 22 checked the records on. As I said, 75 and seven remaining vacant lots in this area; 23 three of them are also comparable on the tax map that I submitted to you. There have been 24 waivers or other divisions of property in this immediate area over the past . 25 By reviewing the decimalized lot numbers that you' ll find and records, you will COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 III 47 1 ID , 2 find that at least five larger lots have been divided to allow construction of houses on 1,—) 3 lots of similar size to that proposed by this application. These are Lots 30 . 1 and 30 . 2 , 4 and 42 and 42 . 3 , 23 . 1 and Lots 28, 9, 65 . BOARD MEMBER HORNING: Question on 5 that then: Do you know if those lots were unmerged by this Board? 6 MR. PENNEY: I think one of them may have been. The assessor' s records, were 7 not clear on that, and I tried to go through your computerized records and -- if you go 8 back, you' ll find some of them were done by subdivision; some of them were just done and 9 somehow allowed building permits were just issued on them, how this was allowed to 10 happen, but I suspect as you get more and more sophisticated and development gets to be more 11 of a formal procedure to go through and these things don' t slip through the cracks, but 12 there' s no doubt that those five were larger lots merged and have been divided. The point 13 I make is that the character of the area is being allowed to be developed along lots 41 14 original sizes, and I think it was out of Wickham back inrobabl the ' 50s or ' 60s when P Y 15 he just carved them up. BOARD MEMBER GOEHRINGER: These 16 are described parcels . MR. PENNEY: They are described 17 parcels; they' re not on the map. A surrounding neighborhood is that 18 all of those improved parcels have been noted by the yellow marks on that tax map, the 19 houses have similar setback to front, side and rear. As proposed by this application some of 20 them were relatively new and benefitted from the special relaxed provisions that you have 21 in your code for single and separate, but the character of the neighborhood and the size 22 house and the setback of the houses is very well established along these roads, and it' s 23 « _ very much in keeping with what is proposed by this applicant . 24 I would urge you to make a finding that that map and your physical inspection of 25 the area shows that the character of the neighborhood and nonconforming lots are COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1111 1111 48 2 comparable in density and size and ) construction of a single family dwelling on 3 this one lot is not going to significantly increase the density and of this area. In 4 fact, there' s a row of arborvitae all long the road. This house will probably not even be 5 noticed by neighbors; it ' s so well screened already and provisions for a waiver have been 6 met . The third necessary finding 7 involves an economic harm to the applicant if you were to deny his appeal . I've submitted 8 to you two independent real estate appraisals by local brokers who have been practicing in 9 this area for an extraordinarily long period of time . Each opinion provides you with three 10 values and separate building lots . The value of the improved parcel, if it is separated 11 from the vacant lot, and the value of the parcels if they are required to remain, 12 according to Maryanne Faval of Century 21 Agawam Realty if denied this harm will be 13 $149, 000 . According to John Jay Nichols of Lewis and Nichols, this harm would be 14 $145, 000; although the actual values that are contained in these two appraisals differ to 15 some degree, the economics differ by more than three percent . 16 It is clear that a denial of this application will cost this applicant 17 significantly, and I also submit to you he meets the third criteria for the waiver of 18 merger. The fourth and final requirement 19 concerns the alteration of existing topography and a possible need for fill . To meet this 20 test I have submitted to you two additional pieces of information. One I did not repeat 21 because it' s already contained in your file, that' s the survey and approval of the Suffolk 22 County Department of Health Services noted thereon. This approval is evidence that the 23 soils are receptive and that the depth to groundwater is sufficient and safe from any 24 kind of environmental harm without the need for any fill or alteration of existing 25 grade . The second piece of documentary COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 49 1 2 evidence that IH.e submitted to you is a r professional opinion from Suffolk $ 3 Environmental Consulting. Mr. Bruce Anderson personally visited the site. His curriculum 4 vitae is attached to a letter to you -- actually it' s a letter to me but I' ll submit 5 it to you. He rendered his written report concluding their approval of and survey will 6 not significantly impact on the contours of the lot . We would submit to that these two 7 submissions show that the final condition of a waiver has a also been met . 8 In conclusion, I submitted two additional exhibits for your file . Immediate 9 neighbors who are supportive of the application and have no objection to the 10 construction of the a house on Tax Lot 29 . I would note for the record also that one of the 11 signatories on that petition is Kenneth and Lisa Burns . When we sent out our public 12 notices of this hearing to the abutting properties, one came back undeliverable and 13 that was Mr. and Mrs . Burns because they' re taxpayers in accordance with your code but the 14 . notice came back. They are obviously aware of the application, and, in fact, support it, so - 7 15 I don' t think there' s any notice questions regarding the notice of the publication for 16 this hearing. The second and last exhibit that I 17 handed up to you are three Second Department cases which stand for the proposition when you 18 have lots that are subject to what is commonly referred to in zoning as a back to back lot 19 slip, they separate out of municipal harm or a public interest . If you can establish the 20 following facts : First that the lots have separate road frontages on separate streets, 21 that the lots have similar depths to surrounding lots and conjunction with one 22 another; that they are merged only by virtue of construction no additional burden on public 23 services because there is already an improved Town road and all utilities existing and in 24 place all of these facts are present in this application for you. Variance it' s more along 25 ' the lines of a special exception request, where we need to prove very specific things, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 4111 50 1 2 and if we prove them, you need to approve the application. With the application are all of 3 the deeds, certificates of occupancy, tax bills, health department approvals and the 4 exhibits that I 've handed up to you today, the originals which I' ll give you today and merger 5 should be granted so that one of your native sons can construct a house where he always 6 intended to and where his grandfather wanted him to. 7 If you have any questions, I' ll be glad to answer them. 8 CHAIRWOMAN TORTORA: Couple of questions . Vacant parcel, improved lots . 9 Under the vacant parcels, vacant lots, are those lots, do you know for a fact that those 10 lots are not merged with any adjoining parcels? I obviously didn' t do -- variance 11 ownerships are now separate, whether they were separate since prior to 1983 . I do not know. 12 I would have needed a variance search on every single lot . 13 CHAIRWOMAN TORTORA: I just wanted Th to get all the facts right . The vacant lots 14 shown on your section of the tax map do not necessarily mean that they are vacant; they 15 could, in fact, be merged with any of the adjoining properties; is that accurate? 16 MR. PENNEY: They could be but I doubt that they are . 17 CHAIRWOMAN TORTORA: At this time? MR. PENNEY: If this is a very 18 critical determining factor for you, I would be asking to spend approximately $2 , 400 to 19 obtain a separate variance search for each property because I think they would probably 20 bear that out, but I can' t represent to you that they are without having a title company 21 do that work. CHAIRWOMAN TORTORA: The second 22 question: These were deeded parcels because the Laughing Waters, it was not part of the 23 Laughing Waters subdivision? MR. PENNEY: I don' t know that 24 there' s a map of Laughing Waters . The fact that there are no lot numbers in parens on 25 the -- not shown on a subdivision map, and I suspect that all of Laughing Waters -- COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 51 1 4111 4111 2 CHAIRWOMAN TORTORA: I' ll shed some light on that -- 3 MR. PENNEY: It was referred to the Laughing Waters subdivision, and it was 4 done. CHAIRWOMAN TORTORA: When the lots 5 were created in ' 63 and ' 71 respectfully, in my review of the title search, it doesn' t 6 appear that they were ever held in single and separate ownership? 7 MR. PENNEY: No. They never were. Mr. Koslik, he bought the lot from 8 Mr. Wickham first in approximately 1963 . I know he bought the house in ' 63 . He 9 subsequently bought the lot to the rear in 1970, did not place it in a separate name at 10 any point in time conforming parcel, I don' t know what the zoning was back in 1970 on that 11 street . But for simple of lack of perhaps putting his wife' s name on it or someone else 12 , with him, we' re before you today. But again, that' s what I wanted to 13 stress, when the code was right there saying if you do this, you' re merged. 14 CHAIRWOMAN TORTORA: Mr. Penney, there was a code provision in 1978? 15 MR. PENNEY: But not in 1970 . CHAIRWOMAN TORTORA: No, but 16 prior to this merger provision in 1978 there was a clear code . 17 MR. PENNEY: They were merged as soon as he took that deed from Mr. Wickham 18 they were in common ownership. They aren' t merged. 19 CHAIRWOMAN TORTORA: So, those are the two questions I have, and I'm going to see 20 if the Board members have any other questions . Mr. Horning. 21 BOARD MEMBER HORNING: Sure . I was looking at your environmental consultant 22 report . MR. PENNEY: Yes . 23 BOARD MEMBER HORNING: You did mention not having to import fill to build a 24 house, the septic system is that way also, correct? 25 MR. PENNEY: Correct . BOARD MEMBER HORNING: There' s no COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 4110 52 , 2 fill in to build up the grade, the water table' s -- C) 3 MR. PENNEY: 13, if you look at the health department approved survey. 4 BOARD MEMBER HORNING: 6 . 5 feet below grade . 5 MR. PENNEY: Where is that from? BOARD MEMBER HORNING: Suffolk 6 Environmental Consulting. MR. PENNEY: There' s a survey 7 probe, had a test on that . BOARD MEMBER HORNING: The 8 groundwater' s to be 6 . 5 feet below grade? MR. PENNEY: That' s certainly 9 adequate for a shallow pool system. BOARD MEMBER HORNING: So again, 10 no fill necessary to build up the grade? MR. PENNEY: Absolutely not . And 11 from the test toll and pale brown fine course sand so it' s not the actual water. There' s no 12 fill required. BOARD MEMBER HORNING: Also the 13 chairperson was getting into this a little bit looking at the map you did submit, of the 14 survey of lots, it would appear that the lots right on the corner of Hiawatha and Wabasso, 15 it is quite a bit larger than the lots that you' re proposing to unmerge. The lot directly 16 across the street appears to be quite a bit larger than the lots that you' re proposing to 17 unmerge. MR. PENNEY: There' s no question 18 there' s a lot down the street that' s a double lot as well . There' s no question. As I said, 19 of the remaining vacant lots three of the seven, I think it was, were comparable in 20 size, and from my experience and obviously I don' t know what your experience is, it is not 21 only the immediate abutting properties that determine character of a neighborhood, if you 22 take your car and drive Nichomas, you' re not in the same neighborhood, and through those 23 parallel roads, in the Laughing Waters subdivision, that' s the true neighborhood. 24 The fact that there' s a piece immediately abutting us that' s bigger is not necessarily 25 fatal to the application because that' s not what the Town Board said when it dictated the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 53 111111 2 legislative requirements for the waiver. It (—) said you' re not ' going to significantly change 3 the density of the neighborhood. You' re the people that are going to determine what the 4 neighborhood is, but I would certainly submit to you that it' s not simply the abutting 5 property but the entire neighborhood. BOARD MEMBER HORNING: Quite true 6 but adjacent parcels are part of the neighborhood. 7 MR. PENNEY: Quite true . Not comparable and vacant . As I mentioned before, 8 these questions come up to the courts quite often and character of the neighborhood to my 9 knowledge is never determined by only the immediately abutting properties . Generally 10 it' s a 500 foot radius, but I think if I went that far, my case wouldn' t have gotten any 11 weaker. BOARD MEMBER HORNING: It' s okay, 12 it' s understood. CHAIRWOMAN TORTORA: Mr. 13 Goehringer. BOARD MEMBER GOEHRINGER: Mr. 14 Penney, regarding the proposed house, if the Board was so inclined to grant this waiver why 15 is it so skewed to the -- MR. PENNEY: Jason is here, but 16 it' s probably there so that they had plenty of room for the sceptic field, and it was put on 17 their proposed coordinates with the setback required had this property been a single and 18 separate lot . I don' t think there is any specific importance to that particular 19 location. If we were to move it as long as we were to fit the 12 feet, there' s plenty of 20 room that you can see . BOARD MEMBER GOEHRINGER: It' s not 21 necessarily germane this to application. MR. TAGGART: I just did it that 22 way so you have more property to enjoy if you put it in the middle . 23 CHAIRWOMAN TORTORA: It' s never good, and so it' s probably like he said he 24 left himself . Member Oliva. BOARD MEMBER OLIVA: I believe the 25 other three members would have asked the questions I would have asked. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 54 2 BOARD MEMBER HORNING: Would the (-) applicant' s side yard setback be to 15 feet 3 rather than 12? MR. PENNEY: I can' t see any 4 reason why he would not . I don' t see how that would impact on his health department approval 5 at all . BOARD MEMBER HORNING: We do 6 consider fire access as such and drive through the sceptic field to combat a fire 7 MR. PENNEY: And fire of 15 feet is most of your Town codes, yes . 8 CHAIRWOMAN TORTORA: If that' s all, I'd like to see if anyone in the audience 9 has any comments on this application, either for or against the application. Do the Board 10 members have any further questions or comments for the applicant? Seeing no hands, I 'm going 11 to make a motion to reserve the -- MR. PENNEY: Could I ask you one 12 question? I know you' re missing one member, would that member familiarize himself with the 13 procedure and vote? CHAIRWOMAN TORTORA: If the member 14 has read the written transcript and you have no objections . I' ll repeat the motion, do I 15 have a second? BOARD MEMBER OLIVA: Second. 16 CHAIRWOMAN TORTORA: All in favor. (Whereupon, all Members of the 17 Board responded in favor. ) . CHAIRWOMAN TORTORA: The next 18 hearing is appeal 5380 it' s on behalf of Aldo Blaskovic. I believe we saw you earlier. 19 MR. LISO : I'm for representing Aldo Blasovic, he wants to put an addition on 20 his house, a garage to the second floor and renovate the house and update it to the new 21 ways . So it would be a more valuable house and have more room inside and out for himself . 22 What we' re looking for is relief on the left-hand of the property, which is a six foot 23 four is what we' re looking for. Now, when I look back on this 24 original house and what I see on your variance thing it says 15 feet . That must be something 25 new, because when this house was built with the old map being in existing house it was COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 23, 2003 TO: Jason Taggart P 0 Box 249 Southold,NY 11792 Please take notice that your application dated May 23, 2003 For a merger determination at Location of property)..W� abasso Road, Southold County Tax Map No. 1000 - Section 78 Block 3 Lot 29 Is returned herewith and disapproved on the following grounds: The subject lot (SCTM# 1000-78-3-29 has merged with adjacent lot to the west (SCTM# 1000- 78-3-28 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." /eztuLc ' Authorized Signature CC: file,Z.B.A. I 411, APPLICATION FOR WAIVER UNDER SECTION 100-26 ✓✓ `J 0 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 property is presently: Agricultural-Conservation District. (P-40)1k, The size requirement for this zone is 80,000 square feet per parcel. County Tax Map Parcel No: 1000-78-3-29. I, Jason Tagert, owner 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 the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax b ill 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 waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold 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. . ason Tagg r Applicant an. Sworn to before me this JUN 1 '0 2003 2nd day of June, 2 3. ZONING BOARD OF PPEALS DOUGLAS R.PENNY NOTARY PUBLIC STATE OF NEWYORK QUALIFIED IN SUFFOLK CO NTY COMMISSION EXPIIR-46381692 S 9 S9 Z'2 r/o 7 A Waiver is hereby approved/denied based upon the above documentation. Issued By REASONS FOR APPLICATION Applicant's Reason#1: The density of the neighborhood is well established with lots of similar size and configuration. Applicant's Reason#2: The character of the area is well established with single family dwellings of similar size, dimension and setback. Applicant's Reason#3: The applicant will suffer significant economic hardship if the waiver is denied. Applicant's Reason#4: There will be no change in the topography of the lot. Applicant's Reason#5: There are no wetlands in the area and no environmental harm will result from the waiver. The vacant lot is not wooded. Construction of a single family dwelling will be in keeping with the well established character of the neighborhood. There will be no additional burden placed upon municipal services since all roads are already town owned and improved and all other public utilities are present and accessible. As evidenced by the prior approval from the Suffolk County Department of Health Services, there are no water supply or waste disposal issues. Applicant's Reason#6: The lots which are subject to the merger provisions have separate road frontages. Applicant's Reason#7: The building permit and certificate of occupancy for the single family dwelling on the improved lot (tax lot 28) make no reference to the vacant lot (tax lot 29). Applicant's Reason#8: The vacant lot was always maintained as a separate parcel by the applicant's grandfather and intended to be given to his grandson for the construction of an affordable house. The grandfather was under the impression that separate deeds and separate tax bills confirmed that the lots were separate entities. He was not aware that the common ownership of both lots resulted in a merger under the zoning code. Applicant's Reason#9: When the applicant purchased both lots after the death of his grandfather, the lending institution required that both lots be provided as security for the loan. Only at that time were the lots "merged of record" in one deed but, even then, they were still identified as separate parcels in the legal description. Applicant's Reason#10: The Town of Southold has recognized its need for affordable housing. A new lot in substantial conformity which all surrounding lots and land uses in a well established community will be in keeping with a stated goal of public policy. 1 1 • • LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot(subject of building department merger application): 13,750 square feet (125 feet by 110 feet). Date of first deed which created this lot: October 26, 1970 Date of current deed to present owner: March 7, 2000 Owner's name of lot at current time: Jason Taggart Date and name of subdivision(if any): None Size of remaining lot in the merger: 12,650 square feet Were there any building permits issued in the past for this lot: Yes. One lot is improved with single family dwelling constructed in 1963 under Building Permit No. 2274Z and renewed under Building Permit No. 26369Z on March 2; 2000. The other lot is vacant. Were there any County Health Department approvals in the past for either lot? Yes. The improved parcel received approval under Ref. No. R10-00-0044. Therproposed house on the vacant parcel has • been approved under Ref.No. R10-02-0121. See surveys submitted with application. Were they any vacant land Certificates of Occupancy requested in the past? No. If yes, please provide a copy. Were there any other Town actions (approvals or denials)in the past regarding this property(such k);( as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot line change, p Trustees approval, or other type of application to build or use the property in any way)?Yes: icc,11154 If yes, please provide copy(if available), or explain: See information provided above. 1)10Y, fib( 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. )' How many other vacant lots are on the same block and immediate neighborhood? 3-4. Please note other approvals or other information about common ownership of these lots: It is believed each of these lots are held in single and separate ownership and eligible for building permits. Several other similarly undersized lots have received building permits in recent years. I am an owner of the subject lot and the above information is provided to the best of my knowledge. Dated:June 2, 2003 LA. Jason Taggar • • 111 QUESTIONNAIRE FOR FILING WITH ZBA 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: Jason Taggart,owner and applicant. B. Is the subject premises listed on the real estate market for sale-or being shown to prospective buyers? No. C. Are there any proposals to change or alter land contours? No. D. 1. Are there any areas which contain wetland grasses? No. 2.. Are the wetlandaras shawnonthe map submittedwith this application? No. 3.. Is the property bulkheaded between the wetlands area and the upland building area? N/A 4. Ifyourproperty contairs wetlands orpond areas have you contacted the Office of the Town Trustees fir its determination of jurisdiction? N/A. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A. F. Are there any patios,concrete barriers,bulkheads or fences which exist and are not shown on the survey map that you are submitting? NONE. G. Do you have any construction taking place at this time concerning your premises? None. H. Do you or any co-owner also own other land close to this parcel? No. I. Please list present use or operations conducted at this parcel: Vacant Land Proposed Use: Single family dwelling. ason Taggart i June 2, 2003 I I 411111 - 41111 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 NAME: Jason Taggart NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other: APPLICATION FOR WAIVER OF MERGER 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. NO. 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 non-corporate entity (when the applicant is not a corporation) ; C) an offier, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP: Not Applicable Submitted this 2nd day of June, 2003 411/7 �r.iiie- /Jason Ta.. 9' ' i ' i i . \ TITLE NO: 03-3704-50997.SS District: 1000 Section: 078.00 Block: 03.00 Lot: 028.000 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 by Jason Taggart and his/her predecessors in title since prior to 04/01/57 except as follows: (see attached chains of title). The liability of the Company is limited to the $25,000.00 of Insurance to the Town of-Southold. Dated: May 20, 2003 sli FID ITY NATIONAL I LE INSURANCE COMPANY DIANA M. OLSEN Sworn to before me this 20th day of May, 2003 6 Notary Public MARGARET VOLLMOELLER Notary Public,State of New York No.01V05032469 Qualified in Suffolk County/04, 1 Commission Expires August 29,.-- T - o TITLE NO. 03-3704-50997.SS STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) Diana M. Olsen, 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: 1000-078.00-03.00-028.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 04/01/57. A (-)44- ' a .iter.' ,, ... zt F SUBJECT PREMISES: 1000-078.00-03.00-028.000 Frank E. Griffin, M. Clarrissa Griffin, his wife, Liber: 1825 cp 519 Byron Rushmore & Marie F. Rushmore, his wife Dated: 07/16/35 To Rec'd: 08/21/35 Cedric H. Wickham (Premises & more) Cedric Wickham Liber: 5432 cp 310 To Dated: 10/07/63 Theodore Kwasnik Rec'd: 10/14/63 (Lot 28) Theodore Kwasnik Liber: 11924 cp 169 To Dated: 04/30/98 Adele Cosenzo Rec'd: 10/21/98 (Lot 28) Theodore Kwasnik Liber: 12029 cp 138 To Dated: 12/30/99 Adele Cosenzo Rec'd: 03/21/00 (Lot 28) FIDELITY NATIONAL TITLE INSURANCE COMPANY '%E(Cir),-na Cknoa./r-A DIANA M. OLSEN Sworn to before me this 20th day of May, 2003 Notary Public MARGARET VOLLMOELLER 2 Notary Public, State of New York No 01V05032469 Qualified in Suffolk CountyAjaa Commission Expires August 29, - Adele Cosenzo Liber: 12029 cp 140 To Dated: 03/07/00 Jason Taggart Rec'd: 03/21/00 LAST DEED OF RECORD (Lot 28 & 29) -4- 5:-/ - PREMISES EAST: 1000-078.00-03.00-029.0001 Frank E. Griffin, M. Clarrissa Griffin, his wife, Liber: 1825 cp 519 Byron Rushmore & Marie F. Rushmore, his wife Dated: 07/16/35 To Rec'd: 08/21/35 Cedric H. Wickham (Premises & more) Cedric H. Wickham Liber: 6866 cp 486 To Dated: 10/26/70 Theodore Kwasnik Rec'd: 01/08/71 (Lot 29) Theodore Kwasnik Liber: 12009 cp 666 To Dated: 12/03/99 Adele Cosenzo Rec'd: 12/27/99 (Lot 29) Theodore Kwasnik Liber: 12029 cp 139 To Dated: 12/30/99 Adele Cosenzo Rec'd: 03/21/00 (Lot 29, Confirmation Deed) Adele Cosenzo Liber: 12029 cp 140 To Dated: 03/07/00 Jason Taggart (Lots 28 & 29) LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE COMPANY O(C/QOA'M DIANA M. OLSEN Sworn to before me this 20th day of May, 2003 Nota Public MARGARET VOLLMOELLER Notary Public,State of New York No 01V05032469 3 Qualified in Suffolk County Commission Expires August 29, �� • • PREMISES NORTH: 1000-078.00-03.00-027.000 Frank E. Griffin, M. Clarrissa Griffin, his wife, Liber: 1825 cp 519 Byron Rushmore & Marie F. Rushmore, his wife Dated: 07/16/35 To Rec'd: 08/21/35 Cedric H. Wickham (Premises & more) J. Parker Wickham, Hull M. Wickham, as executor Liber: 8021 cp 292 of L.W.T. of Cedric H. Wickham, deceased (625-P-1972) Dated: 04/17/76 To Rec'd: 04/22/76 Hull M. Wickham (Premises & more, Parcels 5 & 6) Hull M. Wickham Liber: 8021 cp 266 To Dated: 04/19/76 Henry William Drum and Rec'd: 04/22/76 Joseph Saland (Premises & more, Parcels 5 & 6) Henry William Drum and Liber: 8069 cp 95 Joseph Saland Dated: 07/07/76 To Rec'd: 07/15/76 Michael F. Colavito and (Lot 27) Robert C. Carlsen Robert C. Carlsen Liber: 11823 cp 917 To Dated: 02/10/97 Robert C. Carlsen and Rec'd: 04/04/97 Billie Ann Carlsen, his wife (Lot 27) Robert C. Carlsen, Billie Ann Carlsen, his wife Liber: 11997 cp 842 Michael F. Colavito Dated: 04/21/99 To Rec'd: Michael F. Colavito and (Lot 27) Joan Colavito, his wife LAST DEED OF RECORD FIDELITY NATIONAL TITLE INSURANCE COMPANY Hca. . . 006 DIANA M. OLSEN Sworn to before me this 20th day of May, 2003 Notary ublic MARGARET VOLLMOELLER 4 Notary Public, State of New York No 01V05032469 Qualified in Suffolk County Commission Expires August 29, 5, PREMISES SOUTH: 1000-078.00-03.00-030.001 Frank E. Griffin, M. Clarrissa Griffin, his wife, Liber: 1825 cp 519 Byron Rushmore & Marie F. Rushmore, his wife Dated: 07/16/35 To Rec'd: 08/21/35 Cedric H. Wickham (Premises & more) (Lot 30) J. Parker Wickham, Liber: 8085 cp 229 Hull M. Wickham, individually &as executor of Dated: 07/12/76 the L.W.T. of Cedric H. Wickham Rec'd: 08/11/76 To (Premises & more) Hull M. Wickham (Lot 30) Hull M. Wickham Liber: 8085 cp 212 To Dated: 07/12/76 Millwood Homes, Ltd. Rec'd: 08/11/76 CORRECTION DEED J. Parker Wickham, Liber: 8166 cp 107 Hull M. Wickham, individually &as executor of Dated: 12/06/76 the L.W.T. of Cedric H. Wickham Rec'd: 12/28/76 To Millwood Homes, Ltd. Millwood Homes, Ltd. Liber: 8536 cp 367 To Dated: 11/16/78 Don Lubov and Rec'd: 11/20/78 Linda Lubov LAST DEED OF RECORD PREMISES WEST: NOKOMIS ROAD FIDELITY NATIONAL TITLE INSURANCE COMPANY DIANA M. OLSEN Sworn to before me this 20th day of May, 2003 .tYeittiM4 . Notary Public MARGARET VOLLMOELLER Notary Public,State of New York 5 No 01V05032469 Qualified in Suffolk County Commission Expires August 29. r: •—1`x •..i` `x"cd't .�`"ure? {— ,i„,. ,.. .„... .,.... :. . : , ;... ... •,. . . .. vii - 's 4 A ` ,.r.*. • . t •7:.1 r ; .1.,.. 4:71 ,�7 j+ , 1. { tr 414..e. t it, .,.;k . t r III r. iib i • • t •: _. ] _ 33661 • i' • 12029�C140 LT 2 RECEIVED ~ F. .:„ 9• '1.'4. ' • '. $ 560 .,:4 ' ; Numberofpages -� REAL ESTATE RECORDED , .-i• �,u. VI TORRENS •MAR 21 2000 OU NAR 21 Mill:56 ;• '< •,. �.' Senelq • i 'r cr-c ' TRANSFER TAX EDWARD P.ROMAINE • • CLggRK ANO s t _ Certificate a SUFFOLK PEGISTRAR OF COUNTY COUNTY '� SUFFOLK Y ; - Prior Ctf.a f . I<; — 33661 r e' :?','•.� v h',. Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Sumps J ' I d I FEES � - Z. Pose/Filing Fee ` Mortgage Amt. ' • Handling .S'. ..,.1 �> 'o. :}.• t • I.Basic Tax __ ti; i•'_ S `•� 2.Additional Tax a t ti NotationSub Total — F�M52 17(county) J> >- • .-.:Sr s tY) .� Sub Total 2.�. SpeeJAssit ( r ' C .','3 ' rn•5217(State) 7 J I 'Spee/Add I '.P.TS A J_ V .0 Ai Iq r TOT.MTG.TAX ;. •f •.J': , ..f.0 S Dual Town Dual County V Caren of Fd _�Q� `_��t NI' i F I Held for Apportionmrnt/ •p: Affidavit :1,7- •.? Transfer Tax 5% Q. J . ` • Certified Copy • 7 gdla�, Maauion Tu +• `fi, a ,, The propertycovered by this mortgage is w / Copy will be improved by a mut or two family ;lin — Sub Total S ..3• dwelling only. F.� I I Other YES or NO • — • GRAND TOTAL I ~.. ICNO, ftaPPropnt clause on page! ,y • / o i t , y ` • •� „ ' I':: • ' 5„I -Real Property Tax Service Agency Verification J 6 Community Preservation Fund ( I l. , , , , „t ' ill."41 Dist. Section B lock Lot. Con.riderationAmount Sl�/�,/IC.D.Q7 - f. " ! i .' r'r Woo 078.Ou O3.007 _ "moo," CPF Tax Due _ .1._____2...— ,_ / l LL`D 07Z Ali 0'3.'� 02-7,oG n RECENED It't ed ✓ ;f' Vs nt Land__ • 1• • t. i , • Satisfactions/Disuharges/ReleasesList Property Owners Mailing Address J RECORD&Rf?URN TO: MAR 21 2700 —i%.— " •, _ f A,v" otic ' ti F COMMUNITY ✓ Ti i ; _n. g��7 �1PRESERVATION ; • '• "iv FUND�7 �c1.7`t.I,GY/ L / ; , g Title Company Informatiaon y_ r Title q 9Q_l /, '- ' . J Suffolk Com Recording&Endorsement Page F i•` •- -. ..'',:_ ,Thispap formspastofth:attached .PD� "7sr•..-s4.1::res+: �-'-,,--,111;;;;4;,:-.•-•" •I . * ,.Y, . ' 4 `' j_4:w.;p a`',P.,�f'.44'''''2'.:""---2''''''''''' r7=•-{'7c:2i.` ::"..;;;;;:. .f..-,';''.. .� '�. 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I.. • __ C • • THIS INDENTURE,made the 7�'"'day of March,Two Thn+usand c • •.�•;-:.;' Detwean ADZLL COSEN10, madding at 740 Nakeala Road, Southold, NY 11971, •- % - ,•':3i- - 1.;,,; party of the first part.and JASON TAGGART,residing at 1145 Nakomle Road,Southold,NY 11971, s',':;s 'IF' ply of the second part, ,Z ., I :„.1".;'•-•.',. ....::1* 7 1..• .. ' Witnessotlt,that the party of the first part.in consideration of Ten Dollars and other valuable consideration paid by '. •,'t .� • ` i ,+ the parry of the second does he II .:-.' ' part. retry grant and release unto the party of the second part,the heirs or successors •�,_{ r; • and assigns of the party of the second part forayer, ..;...7,--'?..f:.1. r I •r: - . PARCEL ON ., -; .; ..,•:.: .r _ . L. •t :, All that certain plot piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and - I.• • t being at Laughing Water,near Southold in the Town of Southold,County of Suffolk and State of New York,bounded .l :4' •E . • * . • ant described as follows + :` ' ;U., BEGINNING at the intersection of the easterly fine of Nokomis Road and the southerly fine of Hiawatha's Path; • :. :.+ RUNNING THENCE along the easterly line of Nokomis Road,125 feet to a point as the place of beginning; =; THENCE North 84 degrees 21 minutes East 110 feet to a point • � ' , o•' THENCE South 5 degrees 45 minutes East 115 feet to a point• ,' • .n THENCE Sant mit degrees 21 minutes West 110 feet to a point In the easterly fine of Nokomis Road; :. .-,ice•,�?`,'.!':Fez'- -•y r �, THENCE North 5 degrees 45 minutes West 115 feet by and along the easterly fine of Nokomis Road to the point or �i • c t ' �{ ¢ .' .,T. place of BEGINNING • a; y,:,::_-:s:;;-;tit, .�- .. `r • ' �� 'l I 2, --.7.* . .pARCEl.TWO '-?.' _ ••�_ : : . • • * t- `;h`i vr'•;.• ALL that certain plot piece or parcel of lard,situate,hag and Ming at Laughing Tom+ghing r.near Southold in the Toof ' ' ;•-`=' • '• B:. �' f • Southold.County of Sufolt and State of New York otb bounded and desed as follows • • - :rI y , '., BEGINNING at a point on the westerly fine of Wabasso Street dstant 133 feet southerly along said westerly fine from • f: . 1 Y.., ,1' Hiawatha's Path,from said point of beginning; { '• •-- RUNNING THENCE along said westerly line of Wabasso Street,South 5 degrees 45 minutes 00 seconds East,125 ' feet THENCE along land of the part of the first part,South 84 degrees 21 minutes 00 seconds West,110 feet ' THENCE along said land of the party of the first part and along land of the party of the second part 10.)/11 5-degrees- - ';' - .. : < J: 45 minutes 00 seconds West 125 feet -, ., THENCE'loth 84 degrees 21 minutes 00 seconds East,110 feet to the pant or place of BEGINNING. BEING AND INTENDED TO be the me premises conveyed to the party f the fust part herein by deeds dated fai3 `f,': 'e: ..:•:: • rams and recorded sanuttar,:ously herewith. a Together with a8 . og night,title and interest of any,or the. of the first to and to =�:.j. party Part any streets and Leads abutting the - • ti •-'i: ,:U;:i,above described premises to the center tines thereof;Together with the appurtenances and SI me estate all signs f= . "j, K£ of die party of the fust part In and to raid premises:To Have and to Hold the herein unto the 4 _ a s of the second pad.the henry successors and assigns ofthe party rthe second part forever. J,a•- -, _,--. . , .1-. 'C4-1 x '-, ,,And tote party of the fist part covenants that One party of the fust part hos not dor Ice ugareeterrietkvitehereby tlhe " ' sad peerhses Amebae encumbered In anyway whatever,mentos aforesaid' .- �° r. ^ .•r� ti ' And the parry at me fest part.®con•plande with Seddon 13 of the UenLav,covenants tliat the party of the first part •., wo rens s me oonsrfe el on for fist egnyeyenee end win hold the right to receive such consiCeraXn ass trust fund • to be earned fast b the pvpoes of paying the eat of the • • ; Improvement Md will apply the sertr first to Lha payment of wa t, ,,`•t tow .:t m,si s-oaemer*before,erg any part of the total of the same for any other purpose. ' rY • l •w ,-,--if?4,i.,l_--, 'ii.4Y• - i'J,..-t"• _tvn.Ztrni.-i,'. ,` '�L • t .4i:Wk�K'' -orrs.I,1y. ",N;c;:l .*; r r ..:. ........., ,.. ‘ . ... „. . • . ...,- --„....,.-.., ......,..„-. „Iii,•,. .. :.,.....,„...,,,, • . . , ..„ . /. i.-..---, .. ..: , • • ,.,I. The word petty•shall be construed as it It read'parties:.whenever Lye sense of this Indenture •. SO requires. "..,r ; IN WITNESS WHEREOF,the party of the first part has duty executed this deed the day and year first above Wntten i 'i 1• , n . '•� IN FRESE4CE OF: / /1 'r•' •••,:-....;" ~,ri, •,,:.-,-,,,..,..,?,, AOELE COSENZO > is :,i: • r'. Fr � USE ACXI',OIi&CDGMEM FORM BELOW rVRH:N NEW YORK STATE USF.A i` •- { ONLY CKNJKtFDGMEM FORM BELOV/WTTTnN NEW YORK STTE -'r' ~ t r T ,�' ' '' ONLY' �:I .•} ° ..!•!..t.';'.::/....:.;f a �.' jL • m STATE OF NEW YORK.COUNTY 0=SUFFOLK la%• STATE OF NEW YORK 't' COUtlTYOFSUFFOUC ry • -' °� 11 say of Sane.9r,e era on�WY�Dr rM Oh de day of 1999 ..%::.;•...--...'`��. L c before me.the taloa personally stapseted D • ADELE COSENZOg„ed• r J Oanataay known to me or Pod m,s on Es tem of aatelao o.y oedema `' • f ��'' t fi ` ?' • 'ernes)or(rel aubaasay to the see so s '.::::f:!".•":.....7,:-.♦ to �(al*nose be me or moved to n»an the uses o!sataheory ► • ,, • atltal(e)*os to in that es(e y aaawmd the urns a assess �e(a)whose names)Is hue)ahe wbxnew to the dfl6 orsuerI:mMnent �0dv.:Wed d that by bMronbnr bermaeaument rd acknowledged m re that 4 t r,••. •••..--.-.:•"-,:,:;: �' S WtivmteL the agnahneal m the sans n hbMrRer y'ures praises) es"+e -_ Y t _ ;�:'. adttnment. acted. l•S).�orah ar� noon behalf of chide the the mabtane,e,the and p i)ce graep enmer E wb a)thee /^i-:..--- .-'•h:,• ""Y: - / m n tues(s)&See,aseaned the epee WIRE of wheat s go - y, r Notary ' pUINJC of Neu/�lS • r ('- r }`: Outflod It Suffolk Monty ,, dian Soho 13a•ds IN.�.-.� ACKM V.WDOMEM'FORM FOR USE OUTS,DE NEW YORK STATE ' • OILY:(Out&SetsOrFaegecarw WAdoweredretatCor5eadt1 • me • • A.•J(NOI+'EDGMENT FORM FORMOAN• I ONLY USE N NEW YORK STATE• Xs.: .:":;:;....7... -.-111 OSTATE OF NEW YORK,COUNTY CIF SUFFOLK /Mu (Complete Vette sent SratR .s, 'r r.I I y On else - On Me dry& Coatis ptesitwvtaeaCpeaf/;r • • _ :-:.:i:::! , . Eche me Use uhtdarsgrtsd,pa y appeared • Worente•the undrs ones.pereerory apposed •,•. t •• ! we et proved me on the I the ideates series to ��by thee*inchY strument debase I am se dum'm be tlfeei�idlautt)Wiete�namets) Um)j isubur la tM - _ r�' .• �._f -�{ ' t E! en tsy ocquattect eta n •, end say that as Stuntmen!end edmomeedp.d to me that batons,ea ossa elft - ro.,, p Its pfsw d sedrtw e n• mi e•ir Y(es).and that by,nor, es senses►ea ^`'i `� 3 ant: t er that ebrKs t r8 ;taw the atist and ansae L ands;s htdtkfulde l wee. �the the Pusan tow that men wan ds •• ° r i+sburonL and ata nd♦�a� •+� I m be Me ad►Aeusl dasotWd in vtd she eaecttfed the made star appsatanhw before re tstduapnad ere _.; " v eta sod steaming tunas'm mum and are aaldG•raq e+sb+aAttt".. - - - ' ..1'!.).:"; ,17. _ antes the erne:and that sad steam at the acro the subsaeed lace ebt ems re Metaarsaaaaryarortle .11 keitemefor nrreedasaseenthane } Noerppuetrc • - - OS.. <..•`s1_• '� +"S 1 3 ' i -Bargain and Sale Deed r DISTRICT WO Co.enantAgainst Grantor's Acts - SECTION �' ,.I I ! MU*No. BLOCK LOT • - - -. . . • _ t ADELECOSENZO - COLNTYORTOWN ` 4 ' T ' - -f's► • ' i:'Jf • • ;v i Vi%Y• J O - - , ��.. '� .i-r w,�..�.;aa - - _ • -- • • tf• k..J0HNrAGGART .�. _ • _ - ,'`i'e:i'.:'h; .: �; i ,.- •:Y`,1. —,...--r...,...r'`,L5 tii:-.nti -.7, 0NGIONI 8 80RRELL • • ' i�� r 120 Front SL,P08 582_ 1. • i ;Greenport,NY 11944 111 } - -(831)477-2048 • I I . ,.�_.._. .._ • i 1. 2...,,..„. • • • it .f ,ci .t ' _�, t , J „:•:';-,;.111-;,,....'::•;:.:.,-1...r..,‘.-:.:.:, I ; h (_ v, ii ,ti � •`• '4' - ' '- - STT:. "S - - .. - �.,...••, i,- - - - - SCDri.S. Ref.# R10-02-0121 , .AArr A7471 GR_ Tr ri TO„ s.wvEY IS A VIOLATION lb locations of rfe." -::ai GP&C?TON 7209 OF iiia'`'"g:'(C1T;1i-STATE at/CATION LAK, _ - - shown thereon CYO fr.• & C3 rAS PW SECTTD?/720W- WW2.ALL- TTFICATIOA45 and or from dale Obi. SAID A libliEON ARE MD FOR 'IM rtiJIP.AIID � L OF i t 1��,A A 'I`F `,r , r 1NOTE, •• ADPf7i0vt4LLY to cO16"�L?,WITH SAIaD LAE, Tit -ALTS BY ' SUBSURFACE SEWAGE DISPOS., MUST BE USED BY APPY AND ALL St/l4VEYOIRS U71LJZ JS A COPY SYSTEM DESIGN OF ANOTH R SU"ir�lt�S' ' 6S4 • TERMS SJ.ICHA7DASPECTFD 'AND BY' JOSEPH FISCHETTI, P.EB.4OUGf7T TO -DATE '�s.4L NOT iAI COldIPLGJ9t6£ i Tt To- I•M HOBART ROAD I vAc --'•• SOUTHOLD, N.Y. 11971 ---------7 C -cr-s .\ . no.oa I63Il 765 - 2954 I ytyca� el �.� 84'21`00" E^ �:r '> ,... 0)1.7 , MAO- _-.-:9.•'•. . �y�„ . co• • • 4 (2 •• • _ :. -: . �' woI' • 4. a °� • .... pot aR - lit O' �',;'t ,, r '5 (y ti 4 ar�Y"" Y - 6b1;'4) .` t • • r. i� - �.. ,' ' . r • J. r Vw]. ! �p�• 1 iE • _ y ; �' r:cp 1 - -• - = rets r ,� - . T �i \_, = i( .- • ', ' - .s zi .. .C3 SE ; ,-:. •' - -^- • 0j • y res ' r"". -_ , .-.. ''It �S 1< rov of t re.;ie. r 1/� •m�n icy n, SEt4 jep$. .. % }�g! --* r �-✓ d10.®0'_ Ira icy- raai giros sr��v>I!lr ,---,, - `4:,�. Y.:".-',...,i1 4 ' ,- _ " 'f,.'r :::;':=7; a •-,'4.SAS- 4° "i Nv,O+tgri;t3- ' °9 ,. e!6Aff'uN'' • j�* Jjy A• - ''';?!'50 • - ' ' - 4"161/115.YPvdsb - • .,4‘ C73 . i I.;:,}, •, ` To AN A$� £S4TP S u t;,.a�4r .„.... .� ra. .mevet: rmE*mce......_ '- - -—•-�_ -- ••: -x�r.�V. c a.NUa� t ^®v,•cvr rsac , _ •,. !v } yry Fy .:i�}..Yarn r.,,• "�l+ ., ` ,� „'�A' ..�. • " q` • . , ..*t. xl • 4••- 1 /6412 DOUGLAS R. PENNY ATTORNEY AT LAW 10 MILL RACE ADMITTED TO PRACTICE HAMPTON BAYS,NEW YORK 11946 TELEPHONE 631-728-9119 IN NY AND MASSACHUSETTS FACSIMILE.631-728-9119 .K60 ,/01 3 a7`1r/ lee 7i/0a-4" September 25, 2003 / Town of Southold Zoning Board of Appeals 53095 Main Road P. O. Box 1179 Southold,New York 11971 Re: Case No. 5389 Application of Jason Taggart Ladies and Gentlemen: This letter summarizes my presentation on behalf of the applicant at the public hearing in the above-captioned matter and is intended to be included in the record together with the annexed exhibits. This is an application for a waiver of merger pursuant to Southold Town Code Section 100-26 to permit the issuance of a building permit for a single family dwelling on a vacant parcel known and designated as 815 Wabasso Street in Southold. This lot is on SCTM as 1000-78-3-29. As shown on the single and separate abstract contained in your file, this lot is merged with a parcel to the west known as 1145 Nokomis Road. This lot is identified on SCTM as 1000-78-3-28 and is improved with a dwelling built in 1963 and benefited by a certificate of occupancy. Although these properties have been held in common ownership since the vacant lot was purchased by the applicant's grandfather in 1970, both lots were conveyed by separate deeds at separate points in time and have always been issued separate assessments and separate property tax bills. The tax bill for the subject property has always stated its use as a "residential vacant lot" and the certificate of occupancy issued for the improved parcel only references tax lot 28. While these may not be the most legally significant factors in this application, they explain why the applicant's grandfather (Theodore Kwasnik)never checker-boarded these lots and had always told Jason that the vacant lot would be his to build on in the future. Mr. Kwasnik (like nearly all property owners without a working knowledge of the zoning code but holding separate deeds, separate assessments, and separate property tax bills)always assumed he owned two separate lots. Afterhis grandfather passed away, Jason purchased the house and the vacant lot under the same assumption. It should be noted that these lots were originally purchased in 1963 and 1970,well before the law of merger was fully codified in the Southold Town Code. This means that the prior owner would have had to take affirmative steps to avoid a merger of this lot since his inaction automatically removed its buildable status on July 1, 1983. This is not a situation in which a person purchases an adjoining lot while charged with constructive notice of the zoning code. This is a substantial factual difference which should be taken into account. Zoning Board of Appeals September 25, 2003 Page 2 Because mergers are so seemingly unfair to unwitting property owners and often unnecessary to protect well established neighborhoods, the Town Board has legislated a procedure to waive them in certain situations and outlined four findings of fact to be made by the Zoning Board of Appeals before a waiver can be issued. First, the waiver must not result in a significant increase in density. Second, it must result in a lot which is consistent with the size of other lots in the immediate neighborhood. Third, there must be some economic hardship to be avoided by the granting of the waiver. Fourth, the natural details and contours of the lot cannot be significantly changed and there cannot be any substantial fill added to the property which might endanger environmentally sensitive lands in the immediate vicinity. To address the first two requirements regarding density and consistency, I submitted a copy of Section 78 of the county tax map showing the vacant and improved parcels in the immediate vicinity of the subject lot along Hiawatha's Path on the north and east and along Nokomis Road on the south and west. A review of this exhibit shows that every lot is non-conforming as to both lot area and lot width in this AC district. Of the 32 lots that are identified, 24 (or 75%) are already improved with single family dwellings and only 8 (or 25%) are vacant. Of the 24 improved lots, 18 (again 75%) are comparable in size to the 13,750 square feet of lot area and 125 feet of lot width of the subject parcel. Of the remaining 7 vacant lots, 3 (or 43%) are comparable in size to the subject parcel. Although not shown on the tax map, there have been several subdivisions, variances, waivers, or other divisions of property in this immediate area over the past. By reviewing the decimalized lot numbers and Assessor's records, it can be shown that at least five larger lots have been divided to allow construction of single family dwellings on lots of similar size to that proposed with this application. These are lots 30.1 and 30.2; 41.2 and 41.3; 42.2 and 42.3; 43.1 and 43.2; and 48/49/65. Also not shown, but obvious from an on-site inspection, is that all of the improved parcels have similar road and yard setbacks to those proposed by this application. These setbacks are consistent with the relaxed yard dimensions automatically afforded to single and separate lots. I have urged you to find that this analysis confirms three things: 1) that the character of this neighborhood is well established with non-conforming lots comparable in size to that proposed by the applicant; 2) that construction of a single family dwelling on this site will be in keeping with the established character of the neighborhood and not result in a significant increase in its density; and 3) that the first two requirements for a waiver of merger have been met. The third necessary'fording involves economic hardship to the applicant if the waiver is denied. To meet this test, I submitted two independent appraisals from local real estate professionals with extensive experience in this area. Each opinion provided you with three values: the value of the subject premises as a separate building lot, the value of the improved parcel if separated from the vacant lot, and the value of the parcels if they are 'required to remain combined as one lot for building and zoning purposes. According to Mary Ann-Feavel of Century 21 Agawam Albertson, the economic harm to the applicant if this application is denied will be $149,000.00. According to John J. Nickles, Jr. of Lewis & Nickles, the harm would be$145,000.00. Zoning Board of Appeals September 25, 2003 Page 3 Although the actual values contained in these two appraisals differ to some degree, the economic hardship suffered by the applicant does not differ by more than 3%. It is clear that denial of this application will cost the applicant over$145,000.00--a very significant amount--and certainly enough to satisfy the third necessary fmding for the waiver. The fourth and fmal requirement concerns the alteration of existing topography and a possible need for fill. To meet this test, I have submitted two pieces of documentation for your consideration. The first, already contained in your file, is a survey showing that the water supply and waste disposal systems for the proposed house have already been approved by the Suffolk County Department of Health Services. This is evidence that the soils are receptive and the depth to ground water is adequate to protect all abutting properties from any environmental harm without the need for any fill or alteration of existing grade. The second is a professional opinion from Bruce Anderson of Suffolk Environmental Consulting, Inc. Mr. Anderson personally visited the site, reviewed the topographical and environmental data surrounding this application, and rendered a written report concluding that an approval of the waiver and construction of the house as shown on the survey will not significantly impact the contours of this lot or have any adverse effect on the surrounding environment. I submit that these submissions show that the final condition for a waiver has also been met. In conclusion, I submitted two additional pieces of evidence for the record: A petition signed by neighbors in the immediate area who are supportive of this application and have no objection to the construction of a house on tax lot 29 and three Second Department cases which stand for the proposition that, where two lots are the subject of a classic "back to back split" such as that before you, they should be treated as separate and independent parcels, absent a clear showing of an overriding public interest, if the following facts are established: 1) the lots have separate road frontages on separate streets; 2) the lots have similar depths to surrounding lots; 3)the lots have not used in conjunction with one another; 4) the lots are merged only by virtue of common ownership along rear lot lines; and 5) construction will place no additional burden on municipal services since the lots front on an existing, improved town road with all necessary utilities in place. All of these situations are present in the application before you. I would respectfully ask you to approve this waiver of merger for all of the reasons set forth in my presentation at the public hearing, all of the exhibits contained in the application, and all of the exhibits submitted herewith. Very t yours, /114i Douglas R. Penny enc. EXHIBITS SUBMITTED AT PUBLIC HEARING ON SEPTEMBER 25,2003 Exhibit#1: Copy of SCTM District 1000 Section 78 with color coded notations regarding improved v. unimproved parcels. Exhibit#2: Fair Market Value Opinion Letter from Mary Ann Feavel dated 8/29/03 Exhibit#3: Fair Market Value Opinion Letter from John J.Nickles,Jr. dated 9/14/03 Exhibit#4: Environmental Opinion Letter from Bruce Anderson dated 8/29/03 Exhibit#5: Petition in Support of Application from Neighboring Property Owners Exhibit#6: McDermott v. Rose, 148 AD2d 615; 539 NYS 2d 80 (3/20/89) Guazzo v. Chave, 59 Misc 2d 1050,301 NYS 2d 193 (4/18/69) Morin v.Irvington, 163 AD 2d 389,558 NYS 2d 117 (6/21/90) ! 10S /415e ;85 1 4e4 -I L f e R - fc c.,,rid yek". August 29, 2003 Mr. Douglas Penny, Esquire 10 Mill Race Hampton Bays,NY 11946 Dear Mr. Penny: I have been requested to give the fair market valuation on an improved parcel of land and a vacant parcel of land, located in Laughing Waters, Southold,NY 11971. Parcel 1 —,SCTM# 1000-78-3-28, located at 1145 Nakomis Road, Southold, NY 11971— This parcel is .29 acres of improved property with a ranch style home containing 6 rooms and 2 baths. The home has been upgraded with new electric and plumbing, all new appliances;new tile'floor in the kitchen and newly re-finished hardwood floors. There is a large patio, in-ground sprinklers and an attached two car garage. There are also private beach rights and two marina's located in the community. Parcel 2 - SCTM# 1000-78-3-29, located at 814 Wabasso Street, Southold, NY 11971- This parcel is .31 acres of unimproved land. Valuation: Parcel 1 and 2 merged together would be valued at $450,000.00 Parcel 1 alone would be valued at$ 399,900.00. Parcel 2 alone would be valued at $ 200,000.00. I am a Real Estate Broker in the State of New York and have listed and sold properties in both the town of Southold and Riverhead for the past 28 years. I have personally inspected both Parcel 1 and 2 and am very familiar with the Laughing Waters Community. I feel confident that my experience and knowledge of the area qualifies me to establish the value of these two parcels,both joined and separate. Respec fully su nitted, M 1 Feavel, Broker Associate CENTURY 21 Agawam Albertson 54280 Main Road • P.O. Box 598 • Southold • NY 11971 Business (631) 765-3800 • Fax (631) 765-3803 • Web Site www.c21agawamalbertson.com Each Office Is Independently Owned And Operated t--- ) r 3 /--ter z-( mu e � ����� LENY ISNICKLES LTD. REAL ESTATE P.O. Box 877 • East Main Road, Southold, NY 11971 • (631) 765-3416 email: LNoffice@peconic.net September 14, 2003 Subject: 1145 Nakomis Road, Southold. 815 Wabasso Street, Southold. To Whom It May Concern: This is a broker's price opinion for the above referenced properties to establish a conservative value in today's real estate market. I, John J. Nickles, Jr. have been a licensed salesperson in New York State since 1995. My professional opinion is based upon comparable sales, competitive listings and my knowledge of the current conditions of this real estate market. The value of the 0.29 acre parcel with existing dwelling known as 1145 Nakomis Road is worth no less than $285,000 in today's real estate market. The value of the 0.31 acre residential lot known as 815 Wabasso Street as a single and separate lot is no less than $185,000 in today's real estate market. The value of 1145 Nakomis Road and 815 Wabasso Street when merged together as one parcel would be no less than $325,000 in today's real estate market. Regardless of,market conditions, two single and separate parcels of land r have a cumulative value considerably greater than two parcels of land merged together. Respe fully, 9-‘ John . Nickles, Jr., REALTO Licensed Real Estate Broker JJNJr:hs MEMBER: New York State Association of REALTORS National Association of REALTORS Suffolk Environmental Consulting, Inc. Newman Village,Main Street,P.O.Box 2003, Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson,M.S.,President August 29, 2003 Southold Town Zoning Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Jason Taggart Situate: 1145 Nakomis Road 815 Wabasso Road Southold, New York SCTM# 1000-79-3-28 &29 Dear Board Members, This Firm was retained by Douglas R. Penny, Esq. in connection with the zoning application referenced above. In this application, the applicant seeks a waiver of merger to re-subdivide two parcels seperately described in the Suffolok County Tax Map as 1000-78-3-28 (hereinafter"Lot 1") and 1000-78-3-29 (hereinafter"Lot 2"). Attached herewith at Exhibit A is a copy of my curriculum vitae. The purpose of this report is to address the requirements set forth in Southold Town Code Section 100-26 (A) (4). Section 100-26 (A) (4) states: The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner and there will not be substantial filling of the land affecting nearby environmental or flood areas. In order to address this requirement, the survey prepared by Peconic Surveyors dated May 22, 2002 ("Survey")was analyzed to determine the general site lay-out,the test hole was analyzed to determine whether or not a septic system could be sited on the property without substantial filling, and a field inspection of the site was conducted to determine general elevations of the property as to address potential runoff concerns. Analysis of the Survey reveals the overall property to consist of 26,400 square feet. Upon re-subdivision, Lot 1 would consist of 12,650 square foot and Lot 2 would J1' \ I consist of 13,750 square feet. Thus, the overall property would consist of two approximate 1/4 acre lots consistent with general lot size found in the immediate area. Subject parcel is not located within a designated flood zone as established by FEMA and thus there are no design concerns relative to the construction of a future dwelling on Lot 2. As shown on the Survey, the test hole reveals the depth of groundwater to be 6.5 feet below grade. Importantly, the test hole was taken at the center of Lot 2 which area is the low spot on the property. The appropriate septic system for a three or four bedroom future dwelling on Lot#2 would consist of a 1000 gallon septic tank along with five 2' x 10' septic rings with six inch concrete slab. The septic system could be elevated 2 1/2 feet above groundwater thereby exceeding the minimum requirements set forth in the Suffolk County Sanitary Code. The septic system would be sited one foot below grade as required in the Suffolk County Sanitary Code. Given the existing site conditions and applicable design standards, a septic system could be installed on the property without any fill and without any alteration to the natural contours existing on the site. In addition, a dwelling could be constructed on Lot 2 without any fill and without any alteration to the natural conours existing on the site. Field inspection of the parcel revealed Lot# 1 to be fully improved and Lot#2 to consist of a grassed area having fully mature rows of arborvitae of approximately 15 feet in height. The rows of aborvitae provide nearly full screening to the north, east and south. There are no natural areas found on the parcel. In addition, visual observation of Lot 2 reveals the lot to be significantly lower in elevation than surrounding properties and roads including Lot 1,the adjacent properties to the north and south and Wabasso Street. There are no natural areas on the property and there are no significant environmental features on the properties that surround the parcel. Therefore, the future construction pf a dwelling on Lot 2 will not affect any natural resources of concern in the area or neighborhood. As stated above, the property is not located within a designated flood zone and thus there are no design requirements relative to required first floor elevations. Enclosed herewith at Exhibit B is that Topographical Map of the site and neighborhood derived from the Five Eastern Town Topographical Maps prepared by Suffolk County Department of Public Works (1974). The Topographical Map shows property elevations at the site as well as the surrounding neighborhood. The Topographical Map shows Lot 2 to be located within a topographical depression. The elevation at Lot 2 is significantly lower than the surrounding lots and Wabasso Street. According, the future construction of a dwelling of similar size as represented on the Survey has no potential for affecting nearby flood areas as any runoff generated from Lot 2, as improved, will be retained on site. In conclusion, the granting of a waiver of merger for the re-subdivision of the lot will not result in any significant changes to the details and character of the contour and slopes of the lot and will cause no impact to nearby environmental and flood areas. � ) Therefore, the requirements of Town Code 100-26 (A) (4) are satisfied in this application. 'espectfully submi d, __. Bruce A. Anderson CC. D. Penny, Esq. t Y/1 � 1 EXHIBIT A • Bruce A. Anderson 2265 Long Creek Drive Southold, NY 11971 (516) 537-5160 a Education and Training: B. S. Biology, Syracuse University, Syracuse, New York. May 1982. Background in biological sciences, chemistry and mathematics M. S. Wildlife Biology, Clemson University, Clemson, South Carolina. December 1985. Background in fishery science and wildlife biology with emphasis on management techniques, data management and statistics. Recipient of the Harty Hampton Memorial Wildlife Scholarship for outstanding research project. Professional Experience: January 1993 - Present President Suffolk Environmental Consulting, Inc. Environmental inventory, assessment and analyses and representation of private and public development projects subject to federal, state and local agency approval. (F Spring 1991 to February 1995. Environmental Consultant. Town of Southold, Board of Trustees. Site evaluations and environmental assessments pursuant to Local Law and , SEQRA for pending actions before the Board of'Trustees. December 1991 - December 1993 Grant Analyst. Town of Southampton, Office of Planning and Natural Resources. Research of grant opportunities available to municipal government, proposal development, grant writing, and administration: October 1987 - December 1993. Environmentalist 11. Town of Southampton, Office of k Planning and Natural Resources. Civil Service Position. Environmental monitoring and assessment, analyses, and investigations for a wide range of development actions and ; environmental research. Fall 1990 - Present. Adjunct Faculty. Suffolk,Community College, (SUNY) instruct courses in Environmental Review and SEQRA and Environmental Issues. Spring 1988 - Fall 1991. Technical Assistant Suffolk Community College (SUNY) Set up and operate functional laboratory for chemical analysis of surface waters. instruct and supervise students in the area of labor story technologies. ( x ?jj11r l , J 6 ' January 1987 - October 1987. Environmental,Cotisultantkto the Town of Southampton. ��''^ Implementation of the Town's Wetlands Statute and execution of specialized studies for s q: the Natural Resources Director in the fields of fishery science, aquatic biology and wildlife ,° habitat management. k * November 1985 -Februat y 1986. Biologist. Allen Corpot ation (Black Bottom Farm), 1, Indianola, Mississippi. Monitor water quality of channel catfish production ponds, affect water quality treatment as appropriate, maintain mottality records r' ;: August 1983 - December 1985. Graduate Research Assistant. Clemson University t‘ Clemson, South Carolina Identify distinct stocks of whelks,13 usycon carica, distributed along the South Atlantic Bight October 1985. Fishery Biologist. Contracted through South Carolina Marine Resources d Department to detet mine age structure by analysis of annuli of selected scales of red ear and bluegill sunfish, and large mouth bass populations in South Carolina Lakes. September, 1985 - October 1985. Laboratory 'Technician. Texidyne, inc., Central, South ,, Carolina. Determine organic and inorganic constituents of treated water by standard Y` laboratory methods. x' r,. August 1983 Fishery Biologist. South Carolina Marine Resources Department. Assist in , r _ determination of diversity and abundance of local fish populations in Lake Marion and f ( lake Moultri, South Carolina. (voluntary) L May 1983 - August 1983. Fisheries Biologist South Cat olina Wildlife and Marine r Resources Department, Charleston, South Carolina. Maintenance of commercial whelk production records, dock sampling of commercial whelk catches, assist in mark recapture experiments and maintenance of subsequent data base r`' May 1983 - 1985 (annually during spring). FisheryBiologist. Department of k t Aquaculture, Fisheries and Wildlife Biology, Clemson Univet sity Data collection for growth studies of intertidal hard clam populations in South Cat oliva. May 1984. Technician South Carolina Wildlife and Mat ine Resources. Charleston, :f South Carolina. Assist in the deployment of experimental long line fishing gear for the capture of yellow fin tuna oil'the coast of South Carolina. 1 Publications: Anderson, W. D., A. G. Eversole, B A. Anderson, and K. B. Van Sant. 1985. An Evaluation of the Knobbed Whelk Fishery in South Carolina. Completion Report. Project Number 2-292-R. 78 p. N ,---�1 7---", l Anderson, B. A., 1985. Stock identification of Whelk�.I3ucon carica Distributed Along r the South Atlantic Bight. M. S Thesis. Clemson University, Clemson, S. C. 30 p. Anderson, B. A , Eversole, A. G., 1989. Variations of Shed!and Radrila lampholo y Knobbed Whelks. Journal of Shellfish Research; Volume 8, No 1, p. 213-218. Southampton Department of Planning and Natural Resources, 1989. Freshwater Wetlands Environmental Monitoring Prpject: A_Sludy_of Light Select_kown Freshwater_ Ponds. Town of Southampton, New York. 123 p. . Southampton Department of'Planning and Natural Resoutces. 1989. DraR_Generic Environmental Impact Statement for Implententation,Plan for Open Space,.Laslern G, L_ 1. S. Ground Water Study_Area, Town of Soutbaltlptou_ Southampton Town Board as Lead Agency. 156 p. Southampton Department of Planning and Natural Resources, 1992. Freshwater Wetlands Environmental Monitoring Project___A Study.of hive Select'Gown Freshwater. Ponds. 121 p Suffolk Environmental Consulting, Inc. 1993. final Envirtnmenial.lmpact Statement for , Gustave Wade. Southold 'Town Trustees (Lead Agency) 42 p. f Suffolk Environmental Consulting, Inc. 1993. Final Environmental impact Statement for Brick Cove Marina,_Southold,_N,_Y. Southold Town Trustees as Lead Agency. Peconic Associates Inc. and Suffolk Environmental Consulting, Inc. 1995. Draft. Environmental impact_Statement Relating to the Finfish AquaculturePro1ect for the Production of Summer_Flounder (earalichll s de'rlalrrs)_ 430 p. P Professional Societies: t I National Shellfish Association (NSA-SINA). Member 1983 - 1992. Featured speaker at annual meeting in Norfolk, Virginia 1985 American Fishery Society. (AFS). Member 1983-1988 South Carolina Fisheries Workers Association. (SCFWA). Active meinber 1983-1986. r 1. Featured speaker at annual meeting in Savannah, Georgia 1985 American Society of Limnology and Oceanography. Member 1983 - 1986 t Association of State Wetlands Managers. Member 1986 - 1991. 'New York Flora Association Member 1986 - 1991. / r i • EXHIBIT B TOPOGRAPHICAL MAP P i of Lots 1000-078-03-028 & 029 Situate: Nokomis Road & Wabasso Street; Bayview; Town of Southold, NY (Five Eastern Town Topographical Map No. DD—37) )\Ao Vt 6 it ‘2104 pew ti,, I0111k ‘ 19.0 733' 1 IC 0 , X' 0 �n a• 0 1 K ..-.I 1‘ ,„.: ?,,, tw \ ,,z, ifif 3.0 16.0 X 13.0 <' vr i rkii , \/ tti, SITES Pi t.. fk E,r. � _ � ///C.(e eKere4 c< S� TO: _ZONING_BOARD_OEAPPEALS TOWN OF SOUTHOLD RE: WAIVER OF MERGER APPLICATION OF JASON TAGGART The undersigned owners of property in the immediate vicinity of the parcels owned by Jason Taggart at 1145 Nakomis Road, Southold, New York and 815 Wabasso Road, Southold, New York are in support of a waiver of merger being issued by the Southold Town Zoning Board of Appeals in order that a building permit can be issued for construction of a single family home at 815 Wabasso Road. We recognize that the vacant lot was acquired by a separate deed at a separate point in time, is shown as a separate lot on the Suffolk County Tax Map, and has always been assessed and taxed by the Town of Southold separately from the commonly owned single family dwelling at 1145 Nakomis Road. We feel the vacant lot should be treated similarly to other lots in our neighborhood and not denied a building permit. A single family home as shown on the annexed survey will be in keeping with the general character of our neighborhood, will not significantly increase the density of development, and will not result in any adverse changes to our neighborhood. NAME ADDRESS • C 174i 44-re /1yes J^/ l i7 /1,4 03' l✓ J.J n re-v.1 Li No. tcotth,! so u0-rb 8.65 mityyri5 \,t Ap,-;:bi 0 1,•.)41,-.4,--) 41 , .1_6‘ .14.,q-C ; • avr ”ei (V.A. ,Pr• 7)5- pcckok,•-_s V__6( , / i / 7-(5 © I o ens-411011) 41. (S3�I C (P LEXSEE 1989 N.Y.App.Div.LEXIS 3892 In the Matter of Gertrude McDermott,Appellant,v.Henry W.Rose et al., Constituting the Board of Zoning Appeals of the Town of Hempstead,Respondents [NO NUMBER IN ORIGINAL] Supreme Court of New York,Appellate Division,Second Department 148 A.D.2d 615;539 N.Y.S.2d 80;1989 N.Y.App.Div.LEXIS 3892 March 20,1989 PRIOR HISTORY: (Roberto,J.),dated January 5, 1988,which dismissed the [***1] proceeding. Supreme Court, Nassau County(Roberto, J.), dated Ordered that the judgment is reversed, on the law, January 5, 1988. without costs or disbursements,the petition is granted to the extent of annulling the determination in question and DISPOSITION• the matter is remitted to the Board of Zoning Appeals In a proceeding pursuant to CPLR article 78 to review a which is directed to grant the application [***2] for the determination of the respondent Board of Zoning variances upon such conditions as it deems appropriate. Appeals of the Town of Hempstead, dated September 8, The-petitioner-is entitled to the requested area and 1987, which denied the petitioner's applications for width variances under-the doctrine of single and separate variances in area, width, front and rear yard setback ownership, [*6f6]- as- the--parcels'in question were requirements, the petitioner appeals from a judgment joined at the rear;thus forming.a"back to back split"and which dismissed the proceeding. there_is no evidence onthe_record that any merger• existed during the period of common. ownership (see, Matter of Bexson v Board of Zoning&Appeals,28 AD2d JUDGES: 848, 849, affd 21 NY2d 961; [**81] Matter of Baretto v Mollen, P. J., Mangano, Thompson and Rubin, JJ., Zoning Bd. of Appeals, 123 AD2d 692;Matter of Guazzo concur. v Chave, 59 Misc 2d 1050).To enforce area-and frontage {requirements in such a case would constitute an OPINION: unconstitutional deprivation_of property (see, Matter of Bexson v Board of Zoning&Appeals, supra; Matter of [*615] [**80] In a proceeding pursuant to CPLR Mandalay Constr. v Eccleston, 9 AD2d 918; Matter of article 78 to review a determination of the respondent Dittmer v Epstein, 34 AD2d 675; see also, Matter of Board of Zoning Appeals of the Town of Hempstead, Mackay v Mayhall, 92 Misc 2d 868, 870-871). The dated September 8, 1987, which denied the petitioner's petitioner is also entitled to the requested front and rear applications for variances in area, width, front and rear yard setback variances as the imposition of these yard setback requirements, the petitioner appeals from a restrictions in this case would result in the virtual judgment of the Supreme Court, Nassau County confiscation of her property ( Matter of Richards v Zoning Bd of Appeals[***3] , 285 App Div 287). 1. 411. FOCUS-3 of 5 DOCUMENTS In the Matter of Caesar C.Guazzo et al.,Petitioners,v.W.Kenneth Chave et al., Respondents. Thelma Gutman,Petitioner,v.W.Kenneth Chave et al.,Respondents [NO NUMBER IN ORIGINAL] Supreme Court of New York,Special Term,Nassau County 59 Misc.2d 1050;301 N.Y S.2d 193;1969 N.Y.Misc.LEXIS 1615 April 18,1969 required lot area to build a one-family dwelling with one- COUNSEL: car garage on this four lot parcel. Of these four lots,two Caesar C. Guazzo, petitioner in person and for of them,numbered 23 and 123,border on the rear of her Albert Marrapese,petitioner. Lots 12 and 112 which front on Allevard Street. Robert Stein for Thelma Gutman,petitioner. In now seeking to build on her Bath Street lots,Mrs. William S. Cohn for Theresa R.Knittle. Knittle found that with the split off the Bath Street lots, the remaining [***3] Allevard Street plot runs afoul of Howard E.Levitt for respondents. the present zoning ordinances which took effect long after it was improved.This Allevard Street plot measures JUDGES: 40 feet by 65 feet and is improved by a [*1051] 40- Bertram Harnett,J. year-old one-family dwelling. Mrs. Knittle has sought a variance to maintain this dwelling with side yard IO NBY: variances and cantilever encroachment, a rear yard OPINIONBY: Y: variance with stairway and second-story sundeck encroachment, and certain area deficiencies. In OPINION: connection with this, she indicated that, if required to make a more spacious rear yard, she would take additional land from the Bath Street lots backing onto [*1050] [**195] We have before us the classic caseflus property so that its depth would be increased from known to local zoning pundits as the "back-to-back *'*2 s ht This is the division into two separate 65 feet to 70 feet. She proposed to put a jog in the rear [ x ] p p line of the Bath Street parcel to afford the added five feet parcels of land in common ownership which has frontage to the Allevard Avenue parcel(Lots 12 and 112), so that on two parallel public streets and a resultant common the Bath Street parcel would have an 80-foot front and rear boundary to the divided parcels. half of its rear depth would be 65 feet,and,half would be The Town of Hempstead Board of Zoning Appeals 60 feet. granted two variances sought by Theresa R.Knittle. The house on the Allevard plot was built Block 12 of the map in question goes from Allevard approximately 40 years ago when there were no area Street on the west and to Bath Street on the east in the requirements. The two plots apparently came into Lido Beach area. The map filed for Block 12, as well as common ownership after being in separate chains of title the maps filed for adjacent Blocks 11 and 13, the areas sometime before the adoption [***4] of the present within a 200 foot radius of the subject lots, indicate that zoning ordinance requirement of 6,000 square feet of the Blocks are 130 feet deep with a center line of 65 feet. area. The subdivision maps came before the town's Mrs.Knittle owns Lots 23, 123,24 and 124 in Block zoning ordinances, and, delineate beyond doubt that the two plots are back to back on Allevard and Bath Streets 12, which lie adjacent to each other and comprise an respectively. aggregate area of 80 feet by 65 feet. These lots all front on Bath Street. Mrs. Knittle has sought a variance in 411 O e2 Pag• 59 Misc.2d 1050, *;301 N.Y.S.2d 193, **; ' 1969 N.Y.Misc.LEXIS 1615,*** [**196] Mrs. Knittle, then, asks for two variances, to the community, the interests of justice will be served one to permit her to build on Bath Street, the other to by allowing the variance. maintain the dwelling on Allevard Street. The Town of ** Hempstead Board of Zoning Appeals granted both [ 197] The parcels in question were separate on variances by decision dated November 29, 1968. The the subdivision map which preceded the current zoning petitioners Gua77o and Marrapese have brought this ordinance. In principle, the case is decided on application under article 78 of the CPLR with respect to separability of parcels under the doctrine of the so-called granting the area variance as to the 80-foot by 65/60-foot "back to back splits". The authorities cited by the Town plot. The petitioner Gutman has similarly challenged the Board of Zoning Appeals are entirely persuasive,namely granting of the variance with respect to maintenance of Matter of Taylor * Kramer (supra); Land Purchasing the existing dwelling on the proposed 40-foot by 70-foot Corp. of Amer. [ 7] v. Schlimm (supra); Matter of plot.The petitioners are all owners of adjoining land. Perdel Homes v. Barnett(N. Y. L. J., Aug. 31, 1967,p. 20, col. 3); Acacia Realty Corp. v. Schermerhorn By stipulation, Mrs. Knittle was permitted to (supra); and Tara Homes, Inc. v. Volz (supra). Parcels intervene. The two petitions were heard together by this with frontage on separate public streets_are separate_and court and will be disposed of together. distinct plots where they substantially meet_the depth The basic question for this court is whether the characteristics of the area as it has developed, decision of the Board of Zoning Appeals in granting the notwithstanding their common ownership and rear variances was justifiable, or was arbitrary [***5] and continuity. The only evidence in this case relied on to unreasonable. refute the treatment of the parcels as separate entities is an addition to the existing Allevard Street dwelling A careful perusal of the minutes of the public which created a one-foot staircase encroachment on the hearing held by the Board of Zoning Appeals indicates Bath Street plot. This is argued to manifest an intention full consideration of the matter. The petitioners in this to abandon separation of parcels and a violation of case were present and represented by counsel and were original subdivision intent. However,it is not reasonable afforded the opportunity to offer testimony. They relied to predicate this conclusion on one such minor deviation, upon the testimony and cross-examination of Mrs. which, by its very nature, is too equivocal to permit the Knittle's expert, an accredited real estate appraiser. The petitioners'far flung [*1053] deduction. The board was testimony indicated that the normal development neither arbitrary nor capricious in rejecting it(see Matter [*1052] in the area is on plots of 65-foot depth, as of Willits v.Schoepflin, 23 A D 2d 868). indicated by the filed map of the area, and that there are The court finds that the legal and factual pattern in only isolated instances of construction on plots that which the board acted [***8] defeats any challenge to extend from street to street. their action as being unlawful, arbitrary or capricious. The board found that(1)the applicant sought to split For this reason, the petitions are dismissed ( Thayer v. parcels which are contiguous on their rear line, and that Baybutt, 29 A D 2d 486;Matter of Jonas v.Board of Std. section 267 of article 16 of the Town Law empowers it, &Apps. of City of New Rochelle, 3 A D 2d 668; Matter upon proper showing, to split this parcel "back to back"; of Davison v. Segur, 24 A D 2d 797). (2) the minimum area requirements contained in article As stated (supra) the question before this court is 5,section B-10.1 of the Zone Ordinances was intended to whether the Board of Zoning Appeals acted arbitrarily stop lateral splits, and are not applicable to back-to-back and unreasonably in granting the variance. What the splits; (3) the factual situation in this case is similar to board did was to permit an existing use to continue, and, Matter of Taylor v. Kramer(N. Y.*L. J.,Aug. 23, 1956, to permit a new dwelling to be erected on a plot p.4, col. 8;Land Purchasing [***6] Corp. of Amer. v. substantially the same size or larger than almost every Schlimm,N. Y. L. J.,Nov. 29, 1957, p, 13, col. 5; and plot in the area. This is buttressed by the unchallenged Matter of Acacia Realty Corp. v.Schermerhorn,N.Y.L. statement that, of the 12 improved plots in Block 12, J., March 25, 1966, p. 19, col. 4), and compelled the only two were conforming. The character of the area same results;(4)the proposed improvement of the vacant was well established 40 years ago, and the area is now lot would be similar in character to other properties in fully developed. The proposed changes are in complete the area and would be in keeping with the general conformity to that character. concept of the neighborhood and would not increase the average density of average house per block; (5) the two The petitioners argue that the variances should be parcels were not intended to form an exceptionally long denied since the applicant has not made a necessary plot running from street to street (citing Matter of Tara showing of requisite economic hardship, citing the Homes v. Volz, 44 Misc 2d 275); and (6) on balance familiar case of Matter of Fulling v.Palumbo(21 N Y 2d between the difficulty to Mrs. Knittle and the detriment 30). The contention has no force,however, [***9] since di° Id° Page 3 59 Misc.2d 1050, *;301 N.Y.S.2d 193, **; 1969 N.Y.Misc.LEXIS 1615, *** this case rests on principles quite different from those .overriding public interest, which was not proven. The found in Matter of Fulling v. Palumbo (supra), where a Town Board of Zoning Appeals has authority under Zoning Board had denied a variance, and the applicant subdivision 5 of section 267 of the Town Law to make sought to overturn that denial on the grounds of its such determinations "as in its opinion ought to be made significant economic deprivation. In-this= case, the in the premises". This includes the power to find that exercise [**1981 of the board's discretion was in favor minimum lot area requirements are intended as a means of the variance and the-attacking parties,-who--show no of controlling "lateral" splits and are not applicable to economic_hardship of their own, in essence; allege an "back to back"splits. ti S • FOCUS-2 of 5 DOCUMENTS In the Matter of Doris K.Morin,Appellant,v.Zoning Board of Appeals of the Village of Irvington et al.,Respondents No.3588E Supreme Court of New York,Appellate Division,Second Department 163 A.D.2d 389;558 N.Y.S.2d 117;1990 N.Y.App.Div.LEXIS 8870 June 21,1990,Argued July 9,1990 PRIOR HISTORY: JUDGES: [***1] Mangano, P. J., Rubin, Rosenblatt and Miller, JJ., concur. In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the OPINION: Village of Irvington, dated May 19, 1987, which denied the petitioner's application for an area variance, the [*389] [**117] In a proceeding pursuant to CPLR petitioner appeals from a judgment of the Supreme article 78 to review a determination of the Zoning Board Court, Westchester County (Nicolai, J.), entered July 6, of Appeals of the Village of Irvington, dated May 19, 1988,which dismissed the proceeding.The appeal brings 1987, which denied the petitioner's application for an up for review so much of an order of the same court, area variance, the petitioner appeals from a judgment entered October 26, 1988, as,upon reargument, adhered [**118] of the Supreme Court, Westchester County to the original determination(see, CPLR 5517[b]). (Nicolai, J.), entered July 6, 1988, which dismissed the proceeding. The appeal brings up for review so much of DISPOSITION: an order of the same court, entered October 26, 1988,as, ORDERED that the appeal from the judgment is upon reargument, adhered to the original determination dismissed, without costs or disbursements, as that (see,CPLR 5517[b]). judgment was superseded by the order, made upon reargument;and it is further. Ordered that the appeal from the judgment is dismissed, without costs or disbursements, as that ORDERED that the order is reversed insofar as judgment was superseded by the order, made upon review, on the law, without costs or disbursements, the reargument;and it is further, judgment is vacated, the petition is granted to the extent Ordered that the order is reversed insofar as of annulling the determination under review, and the reviewed,on the law,without costs or disbursements,the matter is remitted to the respondent Zoning Board of judgment is vacated, the petition is granted to the extent Appeals of the Village of Irvington, which is directed to of annulling the determination under review, and the grant the application for the area variance upon such *** conditions as it deems appropriate. matter is remitted to the respondent [ 3] Zoning Board of Appeals of the Village of Irvington, which is directed to grant the application for the area variance upon such conditions as it deems appropriate. COUNSEL: We agree with the petitioner that she is entitled to Doris K. Morin, Irvington, New York, [***2] the requested area variance under the doctrine of single appellant pro se. and [*390] separate ownership (see, Matter of MacKay Plunkett & Jaffee, P.C., New York, New York v Mayhall, 92 Misc 2d 868). In the matter at hand, the (Kevin J.Plunkett of counsel),for respondents. subject parcel was joined at the rear with anothet plot owned by the petitioner,_thus forming a "back to back split" (see, Matter of McDermott v Rose, 148 AD2d 615, 411111 lib Page 2 163 A.D.2d 389, *;558 N.Y.S.2d 117, **; 1990 N.Y.App.Div.LEXIS 8870,*** 616; Matter of Barretto v Zoning Bd. of Appeals, 123 cf., Barrett v Rose, 152 AD2d 525), the denial of the area AD2d 692). Inasmuch as the petitioner established that, variance was [***4] arbitrary, capricious, and an abuse both parcels have frontage on separate streets- (see, of discretion (see, Matter of Fuhst v Foley, 45 NY2d Matter of Guazzo v Chave, 59 Misc 2d 1050), meet the 441). Accordingly, the matter is remitted to the Zoning depth characteristics of the area as it has developed(see, Board of Appeals of the Village of Irvington with the Matter of ScaVone v Volz, 34 AD2d 966; Matter of direction that it grant the application to the extent Guazzo v Chave, supra), and were never used in indicated. conjunction with each other(see, Matter of McDermott v We have considered the parties' remaining Rose, supra;Matter of Barretto v Zoning Bd. of Appeals, contentions and find them to be without merit. supra; Hemlock Dep. Corp. v McGuire, 35 AD2d 567; • APPEALS BOARD MEMBERS ,'ll� COG • Southold Town Hall 'Ruth D.Oliva, Chairwoman dt jyd 53095 Main Road Gerard�, Goehringer % y Z P.O. Box 1179 Lydia A. Tortora % Southold,NY 11971-0959 Vincent Orlando : y p!•ei Tel. (631) 765-1809 . plig ••,a'. Fax (631) 765-9064 George Horning http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, NOVEMBER 6,2003 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, November 6, 2003, commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman Gerard P. Goehringer, Member Lydia A.Tortora, Member Vincent Orlando, Member Linda Kowalski,ZBA Confidential Secretary Absent was Member George Horning. 6:00 p.m. Chairwoman Oliva called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. RESOLUTIONS/DELIBERATIONS/DECISIONS: A. The following Resolution was adopted: On motion made by Member Tortora, seconded by Member Orlando, it was RESOLVED, to CALENDAR the hearing which was reopened by Resolution adopted by the Board of Appeals on 9/25/03, for a hearing date of December 18, 2003, for the purpose of questions related to the recent Notice of Pendency and Claim filed with the Supreme Court by the adjacent landowner concerning this property,ZBA File#5345 (lot waiver application of ZOUMAS CONTRACTING#5345). Vote of the Board: Ayes: Members Chairwoman Oliva, Goehringer, Tortora, and Orlando. (Absent was Member Horning.) This Resolution was duly adopted (4-0). B. The following Resolution was adopted: On motion by Chairwoman Oliva, seconded by Member Tortora, it was RESOLVED, to recalendar ZBA Appl. No. 5334 filed by DEBRA VICTOROFF to January 22, 2004 at 9:30 a.m., pending submission of applicant's map with showing existing wetlands Page 2 —Minutes Meeting,held November 6,200 Southold Town Board of Appeals areas. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, and Orlando. (Absent was Member Horning.) This Resolution was duly adopted (4-0). C. RESOLUTION (Heron Sculpture): The following Resolution was adopted: On motion by Member Tortora, seconded by Chairwoman Oliva, it was RESOLVED, to adopt the attached Findings with respect to ZBA Appl. No. 4537 for the purpose of placing it into the public record and filing same with the Town Clerk and the Building Department, and RESOLVED, based on these additional findings, and those set forth in the Board's prior decision, the Building Department's issuance of the building permit and certificate of occupancy for this accessory use is sustained. Vote of the Board: Ayes: Members Oliva (Chairwoman), Tortora, Goehringer. (Member Orlando abstained.) (Absent was Member Horning.) This Resolution was duly adopted (3-0). D. DISCUSSION: Board Members discussed the Planning Board's Memo with regard to the site plan map of LIPA at Osprey Dominion in Peconic. The Board indicated that no input would be offered at this time to the Planning Board in reply to their inquiries. E. DELIBERATIONS/DECISION: Appl. No. 5357— Omnipoint Communications, Inc. The Board deliberated and rendered its decision in this application, as shown in the attached copy of the original Findings, Deliberations, Decision filed with the Town Clerk, fully incorporated and set forth into this set of Minutes. F. RESOLUTION RESCINDING FORMER ACTION: Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to RESCIND its October 23, 2003 Resolution due to the required time frame for compliance of Chapter 58 by the applicant, A. &S.Waggoner #5414, and to render a decision of approval with conditions, with the original Decision, Deliberations, Findings to be filed with the Town Clerk, and a copy attached hereto as though fully incorporated and set forth herein. * * * Agenda Item II. DELIBERATIONS/DECISIONS ON THE FOLLOWING APPLICATIONS: The Board deliberated and rendered Decisions in the following applications, as attached, with the original Findings, Deliberations, Decisions filed with the Town Clerk. The copies attached are Page 3 —Minutes Meeting held November 6,20[ Southold Town Board of Appeals referred herein as though fully incorporated and set forth in this set of Minutes. Denied with Grant of Alternative Relief: VIRGINIA and CHRISTOPHER COYNE#5323. (Hearing concluded 7/10/03). Request for: (a) living space in a non-habitable accessory building, with a proposed addition; (b) proposed additions/alterations to a non-habitable accessory building, and (c) "as built" accessory shed located in an area other than the code required rear yard. 8310 Soundview Avenue, Southold; CTM 59-7-29. Approval with Conditions: ALFRED AND MARY MAGILL #5362. Hearing concluded 8/21/03: (10/15 applicant submitted plan revising roof design with letter of explanation; mean height confirmed is 15'11"). Based on the Building Department's April 21, 2003 Notice of Disapproval, applicants request a Variance under 100-244B for proposed alterations to an accessory garage existing at less than 35 feet from the front lot line, at 1145 Fleetwood Rd, Cutchogue; CTM #137-4-26. Deliberations without Action: JASON TAGGART #5389. Hearing concluded 9/25/03. Chairwoman Oliva indicated since a full Board was not present, that it would be better to wait until November 20, 2004 for attendance and participation by an (anticipated) full Board. No action was taken, and this agenda item was noted as a carryover for deliberations/possible decision on the next meeting agenda of November 20,2004. Approved as applied for: R. and A. COMBS #5393. Hearing concluded 10/9/03. Request for Variances under Sections 100-242A, 100-244, and 100-33, based on the Building Department's Notice of Disapproval amended July 17, 2003, concerning proposed additions to the dwelling with side yards at less than 15 on one side and 20 feet on the other side, for a total at less than 35 feet when combined; and existing location of the as-built shed at less than five (5) feet from the property line. Location of Property: 6525 Indian Neck Lane, Peconic; Parcel#86-6-24. Approved as per revised plan with conditions: LINDA FASBACH #5375. Hearing concluded 10/23/03. Based on the Building Department's May 12, 2003 Notice of Disapproval, applicant requests Variances under Sections 100-239.B, 100-242A, and 100-244, for : (1) addition to an existing dwelling Page 4 —Minutes `Meeting-held November 6,200' Southold Town Board of Appeals with total side yards at less than 25 feet, (2) 'as built' deck addition at less than 75 feet from the bulkhead, (3) lot coverage in excess of the code limitation of 20% of the lot size. 2905 Bay Shore Road, Greenport; 53-6-4. Approved as applied with conditions: P. METTES AND L. CALLAGHAN #5413. Hearing concluded 10/23/03. Request for a Variance under Section 100-82A, based on the Building Department's July 17, 2003 Notice of Disapproval, for proposed additions/alterations to existing commercial building with a side yard at less than 20 feet, at 43715 C.R. 48 (a/k/a Middle Road or North Road), Southold; 1000-59-3-30. Approved as applied with conditions: J. ANN PIGNATO AND MARIA REGINA #5415. Request for a Variance under Section 100-33, based on the Building Department's May 19, 2003 Notice of Disapproval, for a proposed accessory garage in a yard other than the rear yard, at 28545 Main Road, Orient; 18-6-24.3 Approved as applied for: PAUL SENNET #5402. Request for a Variance under Section 100-242A, based on the Building Department's June 27, 2003 Notice of Disapproval, for a proposed porch addition at less than 35 feet from the front lot line and rear lot lines, at 450 Richmond Road East, Southold; 135-3-7. Approved with condition: HOWARD MEINKE #5400. Request for a Variance under Section 100-244, based on the Building Department's May 30, 2003 Notice of Disapproval,for approval of the "as-built" setback location of a deck and hot tub addition at less than 40 feet from the front lot line, at 2130 Broadwaters Road, Cutchogue; 104-9-13. Approved as applied for: PRISCILLA REILLY #5404. Request for a Variance under Section 100- 242A, ref. 100- 244B, based on the Building Department's June 13, 2003 Notice of Disapproval for a two-story addition at less than 10 feet on a single side yard and less than 25 feet for total side yards, after demolition of an attached garage, at 865 Old Shipyard Lane, Southold; 64-5-20. Page 5 —Minutes j ' Meeting held November 6,20t,4 Southold Town Board of Appeals Hearings concluded 10/23/03: Approved as applied for: PAUL STETZ #5401. This is a request for a Variance under Section 100-242A, ref. 100- 244B, based on the Building Department's June 16, 2003 Notice of Disapproval. Applicant proposes a stairway and landing addition with rear yard setback at less than 35 feet, at 270 North Sea Drive, Southold; 54-5-50. Approved as applied for: Rita Jones #5414. This is a request for a Variance under Section 100-244B, based on the Building Department's July 11, 2003 Notice of Disapproval for a new addition which is an expansion into the single side yard setback which is less than 10 feet, and total side yards less than 25 feet,at 1335 Island View Lane, Greenport; 57-2-15. Approved as applied for: Michael and MarvEllen Cirrito #5417. This is a request for Variances under Sections 100-242A (ref. 100-244B) and 100-239.4B, based on the Building Department's July 15, 2003 Notice of Disapproval,for proposed additions/alterations at less than a single side of 10 feet and less than 75 feet from the bulkhead, at 7625 Nassau Point Road, Cutchogue; 118-4-4. Agenda Item III. PUBLIC HEARINGS (none scheduled). Agenda Item IV. EXECUTIVE SESSION: Re: Zupa and Pisacano properties. Member Tortora confirmed that Frank Isler, Esq. has been requested as Special Counsel to represent the ZBA in these matters. * * * There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 8:10 p.m. Respectfully submitted, L nda Kowalski Attachments: Case Decisions ( ) Confidential Secretary,ZBA Transcript of Hearings 0.0-AWJL? 6 ... (gleAl,a. Ruth D. Oliva, Chairwoman -Approved for Filing f 10 DOUGLAS R. PENNY ATTORNEY AT LAW 10 MILL RACE ADMITTED TO PRACTICE HAMPTON BAYS,NEW YORK 119116 TELEPHONE:631-728-9119 IN NY AND MASSACHUSETTS FACSIMILE:631-728-9119 June 5, 2003 t ^SY�fEy. Town of Southold JUN ® 2003 Zoning Board of Appeals ErC 53095 Main Street z® ►INQ Etcaop V0 Southold,New York 11971 Re: Jason Taggart °F:4PP411-8 SCTM#1000-78-3-29 To Whom It May Concern: Enclosed please find original and six copy sets of the following documents in connection with the above-captioned application for a waiver of merger under Section 100-26 of the Zoning Code for the Town of Southold: 1) Notice of Disapproval issued by the Building Department on May 23,2003; 2) Disapproval of the application for Building Permit dated May 23, 2003; 3) Application for Waiver; 4) Lot Waiver Questionnaire; 5) Z.B.A. Questionnaire; 6) Transactional Disclosure Form; 7) Reasons for Application; 8) Surveys: One showing merged lots and second showing Suffolk County Department of Health Services approval for construction of single family dwelling on vacant lot; 9) Single and Separate Abstract of Title; 10) Deeds to improved parcel and vacant parcel; 11) Property Tax Bills for improved parcel and vacant parcel; 11) Suffolk County Tax Map Section 78; 12) Check in the amount of$150.00 payable to Town of Southold. If all is in order, I would appreciate your accepting this application, making any necessary referrals, and notifying the undersigned when this matter has been placed on the agenda for a public hearing. I Very truly yours, Douglas R. Penny enc. M 10 11. APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 George Horning Tel. (631) 765-1809 Vincent Orlando Fax(631)765-9064 1 (A http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 17, 2003 By Regular Mail and Fax Transmission 728-9119 Douglas R. Penny, Esq. 10 Mill Race Hampton Bays, NY 11946 Re: ZBA#5389 — Lot Waiver (J. Taggart Property) Dear Mr. Penny: Enclosed please find a copy of the Board's findings and determination rendered at our December 4, 2003 Meeting. The original was filed today with the Office of the Town Clerk. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 12/16/03 to: Building Department ,,,,,,,,,,, ,, �� co \� Town Hall, 53095 Main Road ELIZABETH A.NEVILLE y . TOWN CLERK ® P.O.Box 1179 Va Z Southold New York 11971 REGISTRAR OF VITAL STATISTICS v. n9 i ' Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y�If 00 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER oRifjig ����� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: June 19, 2003 RE: Zoning Appeal No. 5389 Transmitted herewith is Zoning Appeal No. 5389 of Jason Taggert by Douglas R. Penny for a waiver of merger. Also included is: letter of transmittal dated June 5, 2003; Notice of Disapproval dated May 23, 2003 with application of Building Permit attached; Lot Waiver Questionnaire; ZBA Questionnaire; Applicant Transactional Disclosure Form; Reasons for Application; surveys (2); single and separate abstract of title; deeds; tax bills; and copy of tax map. /\ J UCS-840(REV 1/2000) •V1,06 REQIIE T FOR JUDICIAL INTERVENTION kl Supreme Suffolk 04— 0/21 1/7/04 For Clerk Only COURT COUNTY INDEX NO. DATE PURCHASED } PLAINTIFF(S) : l Jason Taggart IAS entry date DEFENDANT(S) : ilydia A. Tortora, Gerard P. Goehringer, Judge Assigned George Hording, Ruth D. Oliva and Vincent Nando, constituting the Zoning Board of Appeals of the Town of Southold, SI lffolk rountyp New York RJI Date Date issue joined: Bill of particulars served (Y/N) : [ ]Yes [ ]No NATURE OF JUDICIAL INTERVENTION (check ONE box only AND enter information) [ ] Request for preliminary conference D(] Notice of petition (return date: 3/22/04 ) Relief sought Ahticle 78--Reverse Determination [ ] Note of issue and/or certificate of readiness [ ] Notice of medical or dental malpractice action (specify: ) [ ] Notice of motion (return date: ) - Relief sought I ] Statement of net worth [ ] Order to show cause [ I Writ of habeas corpus (clerk enter return date: ) Relief sought I ] Other (specify: [ ] Other ex parte application (specify: - ) NATURE OF ACTION OR PROCEEDING (Check ONE box only) MATRIMONIAL Malpractice [ ] Contested -CM I 3 Medical/Podiatric -MM [ ] Uncontested -UM I ] Dental -DM [ ] *Other Professional -OPM COMMERCIAL [ ] Contract -CONT [ ] Motor Vehicle -MV [ ] Corporate -CORP I ] *Products Liability -PL [ ] Insurance (where insurer is a party, except arbitration) -INS [ ] Environmental -EN I ] UCC (including sales, negotiable -UCC I ] Asbestos -ASH ' instruments) [ I Breast Implant -BI [ ) *Other Commercial -OC [ ] *Other Negligence -OTN I ] *Other Tort (including RE PROPERTY , intentional) -OT [ Tax Certiorari -TAX , [ Foreclosure -FOR SPECIAL PROCEEDINGS [ d Condemnation -COND [ ] Art. 75 (Arbitration) -ART75 [ Landlord/Tenant -LT I ] Art. 77 (Trusts) -ART77 [ ) *Other Real Property -ORP [x) Art. 78 -ART78 I ] Election Law -ELEC t [ ] Guardianship (MHL Art. 81) -GUARD81 OTHER MATTERS [ ] *Other Mental Hygiene -MHYG I 3 * -0TH [ ] *Other Special Proceeding -OSP , TORTS / ...544 aed. &4/ 441?- 00//21444, e2,-Iecs , r _ r• Check "YES" or "NO" for each of theylowinq questions: -- Is this action/proceeding against a YES NO YES NO ()(] ( ] Municipality: ( ] I ] Public Authority: (Specify Southold Taken ZBA ) (Specify YES NO ( l (Xl Does this action/proceeding seek equitable relief? ( l [XI Does this action/proceeding seek recovery for personal injury? [ ] [Xl Does this action/proceeding seek recovery for property damage? Pre-Note Time Frames: (This applies to all cases except contented matrimonials and tax certiorari cases) Estimated time period for case to be ready for triaS (from filing of RJI to filing of Note of Issue): X Expedited: 0-8 months ❑ Standard: 9-12 months 0 Complex: 13-15 months Contested Matrimonial Cases Only: (Check and give date) Has summons been served? 0 No ❑ Yes, Date Was a Notice of No Necessity filed? 0 No 0 Yes, Date ATTORNEY(S) FOR PLAINTIFF(S) : Self Name Address 11946 Phone # Rem.* Douglas R. Pdrany, Esq. 10 Nall Race, Hampton Bays, NY 631-728-9119 0 ATTORNEY(S) FOR DEFENDANT(S): Self Name Address Phone Rep•" ❑ 11971 Town Attorney, Town of Southold 53095 Maindbad, Southold, NY 631-765-1800 ❑ *Self Represented: parties representing themselves, without an attorney, should check the "Self Rep." box and enter their name, address, and phone # in the space provided above for attorneys. INSURANCE CARRIERS: - N/A RELATED CASES: (IF NONE, write "NONE" below) Title Index # Court Nature of Relationship None I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated: 1/7/04 (SIGNA E) DoLglas R. PIiny (PRINT OR TYPE NAME) Pdtiticner ATTORNEY FOR ATTACH RIDER SHEET IP NECESSARY TO PROVIDE REQUIRED INFORMATION \forma\rj12000.wpd • /--_ SUPREME COURT OF THE STATE OF NEW YORK I COUNTY OF SUFFOLK x JASON TAGGART Petitioner, -against- • PETITION LYDIA A. TORTORA, GERARD P. GOEHRINGER GEORGE HORNING, RUTH D. OLIVA AND VINCENT ORLANDO, CONSTITUTING THE Index No. 04ANEW - ZONING BOARD OF APPEALS OF THE TOWN : 012/C, OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK Respondents. X TO THE SUPREME COURT OF THE STATE OF NEW YORK: Petitioners in this proceeding, brought pursuant to Article 78 of the CPLR to reverse or remand a determination of Respondent,respectfully show to the Court: i 8 FIRST: Petitioner JASON TAGGART is the owner of two adjoining parcels of real property in the Town of Southold, New York: an improved parcel situated at 1145 Nakomis Road, Southold,New York and a vacant parcel situated at 815 Wabasso Road, Southold,New York. SECOND: At all times hereinafter mentioned, Lydia A. Tortora, Gerard P. Goehringer, George Homing, Ruth D. Oliva, and Vincent Orlando were and continue to be members of, and during this period have constituted and do now constitute, the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK,the Respondent herein. THIRD: Petitioner was an applicant before Respondent in the Application of Jason Taggart (No. 5389) in which he sought a waiver of merger of the aforementioned adjoining parcels to permit the construction of a single family dwelling on the vacant parcel, said application being necessitated by a notice of disapproval issued by the Town of Southold Building Department which alleged that the parcels had lost their singular identity and had merged into one improved parcel which was ineligible for a building permit for a new single family dwelling on the vacant parcel. FOURTH: The application to Respondent was made in accordance with Section 100-26 of the Southold Town Code which is a special permit process which allows Respondent to waive a merger . ) of lots and recognize original lot lines upon making four specific findings: 1) that the waiver will not result in a significant increase in the density of the neighborhood; 2) that the waiver would recognize a lot that is consistent with the size of lots in that neighborhood; 3) that the waiver will avoid economic hardship; and 4) that the natural details and character of the 'contours and slopes of the lot will not be significantly changed or altered in any manner and there will not be a substantial filling of land affecting nearby environmental or flood areas. FIFTH: After public notice, the application was presented to Respondent, both orally and in writing, at a public hearing on September 25,2003. SIXTH: Petitioner met his burden of proof on the first and second necessary findings regarding significant increases in the density of the neighborhood and lots which would be consistent with the size of lots in that neighborhood by submitting uncontested evidence that: a) the lots had been purchased by a predecessor in title by separate deeds, at separate points in time, and were always shown as separate lots on the Suffolk County Tax Map; b) the lots were, at all relevant times, issued separate tax assessments and separate property tax bills by the Town of Southold stating the use of the improved parcel as a"single family residence" and the vacant parcel as a"residential vacant lot"; c)the lots were created and purchased prior to the enactment of any law by the Town of Southold affecting mergers of title to properties held in common ownership; d) the lots had never been used in conjunction with one another; e) the entire surrounding neighborhood consists of lots which do not conform to the minimum lot size or lot width requirements for the zoning district in which the parcels are located; f) 3/4 of the lots in the surrounding neighborhood are already improved with single family dwellings on lots of similar size to the vacant parcel; g) any larger parcels in the immediate area are distinguishable from the subject property because they were originally purchased as larger lots only capable of being improved with one dwelling and never had any building rights which were allegedly lost as the result of a merger; h) several larger lots in the immediate vicinity had already been permitted to subdivide into lots comparable in size to the subject parcel and issued building permits for dwellings similar in size to that proposed by this application; i) all of the lots in the immediate area share similar lot widths and setbacks from front, side and rear lot lines as that proposed by this application; and j) all of the remaining vacant lots int e immediate area are eligible for building permits and the density of the neighborhood is well established. • • SEVENTH: Petitioner met his burden of proof on the third necessary finding that the waiver would avoid economic hardship by submitting uncontested professional opinion evidence that he would suffer a financial loss from$145,000.00 to $149,000.00 if the application for a waiver was denied. EIGHTH: Petitioner met his burden of proof of the fourth necessary finding that the natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner and there will not be a substantial filling of land affecting nearby environmental or flood areas by submitting a survey showing approval of the water supply and waste disposal systems for the proposed dwelling which had been issued by the Suffolk County Department of Health Services and by submitting uncontested professional opinion evidence from an environmental consulting firm that the anticipated development of the vacant lot would not involve any topographical changes or land filling. NINTH: Petitioner exceeded his burden of proof for a waiver of merger by submitting a petition signed by several directly affected neighbors, all of whom supported the application for a waiver of merger and the construction of a new dwelling on the vacant lot. TENTH: Petitioner exceeded his burden of proof by submitting several Appellate Division cases standing for the proposition that, in cases of a "back to back" lot split such as that which was the subject of this application, the lots should be treated as separate and independent parcels which have not merged absent a clear showing of an overriding public interest when it is established that the lots have separate road frontages, similar depths to surrounding lots, have not been used in conjunction with one another, are merged only by virtue of common ownership along rear lot lines, and that construction will place no additional burden on municipal services since the lots front on an improved public road with existing utilities in place, as is the case in this instance. ELEVENTH: No opposition to the application for a waiver of merger was ever expressed by any member of the general public. TWELFTH: No contrary evidence, factual, professional opinion, or legal, was entered into the record by any federal, state, county, or local municipal agency or environmental organization. THIRTEENTH: Upon conclusion of testimony and presentation of exhibits to Respondent on September 25,2003,the application was closed for a decision to be rendered on October 9, 2003. On October 9, 2003, the application was adjourned by Respondent to October 23, 2003. On October 23, tr- . . 1) 2003, the application was adjourned by Respondent to November 6, 2003. On November 6, 2003, the Z _ application was adjourned by Respondent to December 4, 2003. On December 4, 2003, Respondent denied the waiver of merger sought by the applicant. The decision was subsequently filed in the Office of the Clerk of the Town of Southold on December 17, 2003. FOURTEENTH: ' The decision of Respondent to deny the waiver of merger requested by the applicant was unwarranted by the facts, in error, illegal, unjust, void, arbitrary, capricious, unauthorized, contrary to the zoning ordinance for the Town of Southold, in violation of the law of the State of New York, not in harmony with the general purpose and interest of the public health, safety and welfare, and an abuse of any discretion vested in Respondent in that sufficient evidence was presented to Respondent to prove that the application for a waiver should have been approved in accordance with the established procedure previously determined by the legislative body of the Town of Southold and codified as Town Code Section 100-26. FIF[EENTH: The determination of the Respondent is wrong as a matter of law by reason of the applicant's satisfaction of all proper and applicable standards of proof contained in Town Law Section 100-26 and Respondent's failure to make proper findings of fact in connection therewith. SIXEENTH: The determination of the Respondent misinterpreted the provisions of the Zoning Code of the Town of Southold and the laws of the State of New York with regard to merger of title, creation of substandard lots,character of the surrounding neighborhood, and economic harm. SEVENTEENTH: The determination of the Respondent failed to make findings of fact upon which the conclusions expressed by Respondent could be reached, as a result of which the determination was arbitrary,capricious and wrong as a matter of law. EIGHTEENTH: Respondent lacked discretion to deny the application since the Town of Southold legislatively determined the standards of proof for a waiver of merger as a result of which the decision is wrong as a matter of law. NINETEENTH: Respondent did not render its determination in a timely manner in accordance with provision of New York State Town Law, as a result of which it is null and void and the waiver of merger is to be considered approved. . I - - I •- • TWENTIETH: Petitioner is aggrieved by the decision of Respondent in that it denies him rights enjoyed on an equal basis by others similarly situated, reduces the value of his property, denies him full protection of the zoning ordinance, and limits the full and effective use of his property. TWENTY-FIRST: The determination of the Respondent in this application is unsupported by substantial evidence and is illegal, arbitrary, capricious, and an abuse of discretion in that it is in conflict with the zoning ordinance for the Town of Southold, contrary to the laws of the State of New York, not warranted by the facts, not warranted by the law, unjust, a hardship in disregard of property rights, and the result of improper, extraneous, erroneous, and irrelevant criteria, standards, and rules used to arrive at the determination. TWENTY-SECOND:The determination made as hereinbefore described was not made in a civil action or special proceeding by a court of record or a judge of a court of record; it was not made in a criminal matter; it fmally determined the rights of Petitioner with respect to the matter to be reviewed; and it cannot be adequately reviewed by an appeal to a court or some other body or officer. , j TWENTY-THIRD: This petition is made, verified and presented within a period of thirty days from the date of filing Respondent's decision with the Town Clerk of the Town of Southold. WHEREFORE, Petitioner requests that judgment be granted reversing the determination of Respondent and that Petitioner be granted any further relief as to the Court may seem just and proper. Dated: Hampton Bays,New York January 6, 2004 DOUGLAS R. PENNY, ESQ. Attorney for Petitioner 10 Mill Race Hampton Bays,New York 11946 (631) 728-9119 Signature of Attorney • SUPREME COURT OF THE STATE OF NEW YORK RECEIVED COUNTY OF SUFFOLK /1:15 /ifiA x JAN — 7 2003 JASON TAGGART Petitioner, South Id Town Clerk -against- • NOTICE OF PETITION LYDIA A. TORTORA, GERARD P. GOEHRINGER GEORGE HORNING,RUTH D. OLIVA AND VINCENT ORLANDO, CONSTITUTING THE Index No. 04- l�( ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK • Respondents. x SIRS: PLEASE TAKE NOTICE, that upon the annexed petition of Jason Taggart, duly verified on the 6th day of January, 2004, the undersigned will move this court at an IAS Term thereof to be held in an for the County of Suffolk at the Supreme Court, 215 Gritting Avenue, Riverhead, New York, on the 22nd day of March, 2004, at 9:30 a.m. or as soon thereafter as counsel can be heard, for a judgment pursuant to Article 78 of the Civil Practice Law and Rules reversing or, in the alternative, remanding the determination of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York in (S3k 9) the Matter of the Application of Jason Taggart (No. 5309) filed with the Town Clerk of the Town of Southold on December 17, 2003 upon the grounds that the aforesaid determination is incorrect as a matter of law and is arbitrary, capricious and erroneous, and for such other and further relief as to the Court may seem just and proper. PLEASE TAKE FURTHER NOTICE that a verified answer and supporting affidavits, if any, must be served at least five days prior to the return date of this application. PLEASE TAKE FURTHER NOTICE that, pursuant to §7804 of the Civil Practice Law and Rules,the Respondent is directed to file with the Clerk of the Court its answer and answering affidavits, together with a verified transcript of the records of this proceeding, together with the entire official file • [--") containing the records of the hearings held herein by the Respondent, including the decision, application,testimony, exhibits, and other papers and documents submitted for consideration thereof. Suffolk County is designated as the place of trial on the basis that the real property which is the subject of this determination is located therein. Dated: Hampton Bays,New York January 6, 2004 Yours, etc. DOUGLAS R. PENNY, ESQ. Attorney for Petitioners 10 Mill Race Hampton Bays,New York 11946 631-728-9119 To: Office of the Town Clerk Town of Southold 53095 Main Road Southold,New York 11971 Signature of Attorney: l Douglas R. enny • TOWN OF SOUTHOLD PROPERTY RECORD CARD /0 ,00 7r__� _ — zz, OWNER STREET 7 / VILLAGE DIST. ' SUB. LOT ja301) (0 gclarl, s -FORMER OWITR ' J N / P -e-- Co 5e-04..0, /I �� v � = l� ^� s �� ACR. (o . —the ore. fn ik S W * TYPE OF BUILDING / ! / tES. SEAS. VL. 3/t FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS e 6 L5"0--0 / 7 / f-2 i 7 v 12/30frIce-L-120 29/0/39-16fismk h (26502-26 edrir. /2_/5/94 -Z- lzooc 10666, -16)097/k fa aserzo. AJ/c__. 3/710o-L /zO z' I/o- ( ser z 1v T 6)666(z(6/5) illable FRONTAGE ON WATER 'oodlartd FRONTAGE ON ROAD / iegdoWland DEPTH awe Plot BULKHEAD • >taI COLOR TRIM M. Bldg. Extension Extension Extension Foundation Dinette p Basement Floors K. p'---'- Ext. Walls Interior Finish LR. B«zeway Fire Place Heat DR. Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Tial �6 d ��,i__s _ 2 p TOWN OF SOUTHOLD PROPERTY RECORD CARD ~),-1,-ue-4-p, -2 " OWNER STREET //i-/6 VILLAGE DIST. SUB. LOT RMER OWNE•41.4c de le ?O nzo N /, E ,t, ACR. I I ila f- i\---IA)etS/7 i f L4 .. ,t .1, (=; ` --=�G. °''',--, ,.z? ,�/ ,�'' , S W TYPE OF BUILDING _ ��„ _ e Imo" aL..--,� /d,;, }. a-� ; 1: Z.Li ,, /.2-.A.,.. REd/6, SEAS. VL. ±,. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS / e/ 3 --6P---/- 2-z-74—Nevi ,tivvellifiy- _ _ O o ..2 4 le0''11 f/,29 ,f7 •�"-' F-tea:. /a/„/,., 1.� . LS `/ED- r. 3)0 „--- D o Q 0 Lit LV V t e �/ y /[J d /•Y!.' .�,-L -471—_Z,,6,_‘_, _ ? ,,--) 2 , s h> a�LA^ V / P r /2,,A69-•-1--A.1..-it '74 ,.S`/8 G .V z P/7/ fig} .2 a 0 41130/qt- L X192 p I‘, 9 w /ei/1a s h4 f_D Cosenzv ifyc. /z3a/9q-L /zd zqp /3e.-etoasIi* h Co sem zo -ter a',4 AGE BUILDING CONDITION -3/71€50 —L l zo 2'/p /i-k -0o senza fa 7bcictiar f ' Pio Oa 7,i NEW NORMAL BELOW ABOVE 3/a//-p .0P / 3,,9 r r , , / Y �th ' FARM Acre Value Per Value f Acre , Tillable 1 Tillable 2 Tillable 3 Woodland . Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 17-"' ' 4-42 U 5 '7 House Plot DEPTH / / G) �......., �. . BULKHEAD Total ., DOCK COLOR I 6- TRIM 5'•• '•.—":'2'., .Y} I.xS, 1.1. i'^7 u Tei vv'd //`� - -,:j ' ".e?- _ �w . 1 9it. 10 ft tnR bit A. ..... �,�+. t I� - • t !s v ,'V A t' t.A,...„M�5 1 t�t . t '\ f -,,,;;:i.,7--•:4� :µ`- ..*• ` .£+1,,` `Ai.• _ Pyr'. '- ta3., Y^^. - _ , �; c 7-,-.2-„,...... �. .�<.�_�, n-:,--`,;;;:t,'4.4-:',41"...".-:',. .,,� ' . M. Bldg. 8 _ / �/� v Foundation g , Bath / Dinette Extension _ Basement v �, Floors . K. Extension Ext. Walls u fj .,�",�,�i6i Interior Finish 577/ 44:-.1-/P.'911:' ff ar_ - o� ' LR. Extension • Fire Place © Heat ��� �8 DR. • Type Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage �2 O .6 16° I : l ' (p ! V Patio �2 J O. B. , o o l31 — Total 6, V cf , KK . Town Of Southold P.O Box 117911 Southold, NY 11971 111 * * * RECEIPT * * * Date: 06/19/03 Receipt#: 949 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 949 Total Paid: $150.00 Name: Taggert, Jason 1145 Nakomis Road Southold, NY 11971 Clerk ID: LINDAC Internal ID:77187 41110 Tax Lot 27: Michael F. and Joan Colavito 198 Derby Street East Williston,New York 11596 Tax Lot 28: Jason Taggart 1145 Nakomis Road Southold,New York 11971 Tax Lot 30.1 Don Lubov 1225 Nakomis Road Southold,New York 11971 Tax Lot 49: Kenneth M. III and Lisa A. Bums 350 Wabasso Street Southold,New York 11971 Tax Lot 50.1 Edward J. Fink 910 Wabasso Street P. O. Box 419 Southold,New York 11971 Tax Lot 14: Walter J. Wenchell, Trustee 1210 Hiawatha's Path Southold,New York 11971 Tax Lot 15: Mitchell Ruggles and WF 1150 Nakomis Road • Southold,New York 11971 allj ell" LEGAL NOTICE SEPTEMBER 25, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, SEPTEMBER 25, 2003, at the time noted below (or as soon thereafter as possible): 1:00 p.m. JASON TAGGART #5389. This is a request for Lot Waivers under Section 100-26 to unmerge a vacant land area of 13,750+- sq. ft., referred to as CTM 1000-78-3-29 from a area, from an improved lot of 12,650 sq. ft. referred to as 1000-78-3-28. Based on the Building Department's May 23, 2002 Notice of Disapproval, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983. Zone District: A/C Agricultural-Conservation. Location of Property: 815 Wabasso Road, Southold; CTM 1000-78-3-29. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: August 25, 2003. Lydia A. Tortora, Chairwoman Board of Appeals NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold concerning this property APPLICANT: TAGGART, JA;. ON TAX MAP #: 78-3-28 & 29 APPEAL: LOT WAIVER PROJECT: UNMERGE LAN !S TIME & DATE: THURS. SEP . 25TH - 1 :00 P.M. If you are interested in this project, you may jiew the Town file(s) prior to the hearing during normal business days bet( en the hours of 8am and 3pm ZONING BOARD •TOWN OF SO HOLD • 631-765-1809 , . . . , • - ThursdaY;-Seitteirib or lit,2011.. ,c:7.q4-'.'...:Ri.,:-,70;;; ;;;•."rj. .'3:.,'"Q• --•r;,:::*,,=si :,•-•;ad :..,, P) .k-,IT:.c-,-,1: ':_o,.., :,--!,,,,6,-. :,„,-,.„3.,:11,i2.-,_'-',. ,:-.-:, ,.;-i ;p--; n:1",-•"---,:?;'+•ZaciA,'(,';:i.,',-.'- -f,,,,P___,'Sg'-•'•3__1::k.'4 __ SWOM, says ii,.....03.0.1,030:00(E Me3t,SANCtj ':kifd::,3'(Y,Ir‘iiiii. ANDREW:;!_andu --„tPtbliertYy--21-15,;:Hyatt-Road, - 45Vq.'.',.,44.17hi's,,.44FieciOkblotia-4 t:..LOIS MCGOWAN-ii#5384-.ralig—:ISOUthold,-P4rcel-#544-32.:-2-,i-i4' . Advertising , ' MO-S3 "- '"'"--' t for- V --: Ct : -2'OW'- - '' : ' "I\TORA 414:„ '-1-4Variancede,,iSection-,, ,.7 -4-4-...z.,14a•,,,X,P,911,c§,; a-,-armiseJul er e! '.,. : „3',.;•: -p.,41,-1k,-:-E- r Watchman, 6k-owit,,,oik::::fw,-i:ti-irciiiik,!,f;,„gowolA-,46-0;3:04/:-s,,,based on --• AN cHoFF -•ahc1.4,IAITE WIN-, -,c1•1-16aiiiiibiiegi;;:kibie.tienitkir-.-..1'7;',-1)'&1311.aciiiirDepartment's May -r-SCH'..#53?8'.'271iigiS`42'ReqUeSt at Southold, 20,-.0:,445:9:fiCc:',.,...,WdisapprovaPi`.k!'14';;29637Ntiefab,or Disapproval ,1,•!fol•--,`i'-',:lidriola-e .iiiitter) Sections ' the notice of C,0-50010.1.,# IO: g...tion"16,•P, ?;:tc,040.01m7g-•,t:the ,134,109i9d,',4,g4f ,e, ',:10072,4,62A,'ialididi,111007244hased„, ,..,.1.-..,,prsipOSe ,..,,,gatage4Avithagreen14J1 addition toTey msting.:.$1.ngle,...,t-•,,on.„111 -4-,Bu ,g-,c Department's,,-,ted copy, has Who#s6014*ifek',6thef-batiAlie'ki--tinily,--dwelling i'With,•..4ifront,,,...,,.:Tiliie„,,-„13';i'._.?2‘,093', .E.Nolicerl,qfii-•id Traveler ,,..$1.41,14:#4,70atiyAtd-,4spcafion-o.. , i;yard-setback at less than. 0-feet, _ ,Isapproy ,.concerning ayro:-„, '...,q*Igerty„..eigOiirdegon;.,-;the.egSP-1:::•:att.11C33'50:Ray:Suffolk-Avenue, posed. additiOn'''foikhe.existing,'-ich week r,044,Ctil:#44-1,',324.:iientrgand'font,ther'"N.:.Cp.tblitine;(14.arceli'10-00M6i6Y.-rhifikelIing*iihil'side',yard'''Set=•-',wccessivelY, ,11,q'pliitift.kge...0.164ii.IingiFishfol.‘,10..;,2-,-,,,, ,ew:,-). ,,,i,,,,....„-?,-fimit„-, ,, ,„,r,.„,-,.,bacy.§.,at less 10 feet OroOn-.6.2-,/ day of ,1044,12aVet1:00_0.40-1025.,T. ---....„1.:00] -On JASON TAGGART . "sideatict less than 15 feet On the 20 . ,' 0,05:iiwnv.tdoNN,':,e-ASIECO.T,,.,#.53a9;',Irtn8,-is,aT:041:16.§v.f9r,.L-0 other side, arid,,kcOmbined side- 0..) 037mv-hfAki,k-Tr.eque-4,-t-fdt:'e'!"%-ivel-s'under Seetien-j00-2fi' ',.-yard.total of less than 25 feet. .;.f. ...X.,r,44,anele4„ii.x.;d:er::::.5SelctibliS11,11.00-• '-,-.46iiiiierge'aVacatitlatidlarea Of-- 'tdcatidnbfi;rol3ertY! 425 King ,',/i.y.c(Te- • -0,:,,.90 ad 100t33y; based.r.icinilai-.7.30,- -y.sq,Ift.„ referred to as','- Street;Orien4Parcel,•#26-1.28.' '-(•k- . :, •• ' the44,Ani,l.dpigq,;Theparisent s.i:-2 CTM 100,0178=3-29;,fropra area„, ,:„: :2:10 p.m.i.FREDRICK, and, 0Dpcnber 29;-2O02 Notise1;:ofi:41frOni an improved lot 12,650 ANTONIA - 'VONZUBEN ,Okappr9„.144CeOing,,,i,a•ko,-„,:‘,.,- sq.I fLieferred to asfl00#..:78.-3- r,,#5399. This is"-a-Request for,a , - t2,9rfioNy:._swimming, lg.,pool ma yard'-_,•28% Based-' on the •Building' Variance under-Sections 100-- /7 AhktSithaiRjlie-freqUiredf,t'reantDepartirienes May i2,341:2002 ..;'33C and 100-244, based,on'the ( day of , „•.,,,,-7,- .-A-7,Wiggins ,:, • 70yAkttp„,:4,-..,'aqm..,, t,4,,atie,;,,ti,.;Notic..g •,,of-,•piSapprOval-;;;,-;the „..,I3Uilding-pepartmenfs Notice-. Gfeentiort;'-'Parder 1009F3.5, -' pr,opertieS IhaVe inerged„7,Under,, Disapproval amended'June ._ 28.33. • ' .";L.-,, - --,Seaticin1001;25.dieiQrebti*On':'a.23;-;2003,-- "Conceriiing- an'""as- 43'',•9:40 ?agliciMEN-NETI-tlalid P"'Ojylifergliiiith the first lot at `i3niff"-!arKii!:Sicrueinfe at less 1,r,f DOROTHYz-:1.....WOYEIIIIKi='I' d:tiineuelfter'-'July L: 198-3.,7;'l'than;40,f6ettrOiiitthe fe-one,lot '• 7 #5379.. This,is'.a request for a - -Zone,Dit§_tric.V.A/CAgriOulturaln..! line,,After,,,attaa &- attaching -it,to the 3--' Variance under'Under Section 100,33„ • Conservation. ...Location of ' existing accessory garage, at ---based•i:--;-on---..,-:-the----Building---,.-Property:-815••-Wabasso-:-Roadr-,11•25- ,North- --Spa---Drive; - ;.j)9,1),,ar.14 .,n_t,Ts,1\41.,rcli„2....r 2991: , olAlip,14;.,c,1:1\4'1000-78,3,-29_. ,... qutholits„Pgeol, #5474-13`. " '',Rotic6, :''''',.!:iill. .-'15i,g4i).0iOvd1:-?"_!:'I I,T:f 0-',--t•Yp.m:: ,,. -ALDO-''' ' 2:20'.-1Kin:`',VICTOR.,CATA- : ':i-rArp:plidant IA.-trequ'eStingTan-k:`fag,-y'EEDASKidinC`.#53'807,-;Thig4s a---`,1:-LANO#5321. Thi iig,arequest !"Aillilt"'_liDeation,of amaccessotk ,,,xr,equeSttiforOd Variance(;:undet,,,,,Tfor<:,a,'S,yariande:y-under SeetiOnzi New York ;•'1 (0,41) ,biildif*ii,4,,,area other-_t.Sectionf,1901244--baSed1;on„the,,,,,109-3,0X2,.,.4 ased!.,,T on -0,1i.,64•- -,;thin-requirarearjfikl;,-14-5,8Q7;:ii,.,j3inicting:17-.0Artriic,r,if,%May:14;`:1-BniIding,Depaitinent's PebrAary., I n tY '.. Westphalia Avenue, Mattitnic14-.-2-003'NOtiee Of-Disapproval:- 3;;,2603.',NotiCe'of-Disappro,ii,a1;,- ' ,? '''. ' ' }''! s g - 16,2006 Pardel 10004-ra-12-61co c6i' g''aproposed addition conceriiiig4 proposed garge , . n -.19i50 a...inttiKYLE:>AriddIsIS'Arlfland.alterationsAkithfxsetback of,-;-_On',",:a.-vabanti,ot ladjaCent to the ' ufMcCASKIE,4/5385.- ThiS,,,-,i_ealci,ilflosS_than,tie,code,l,equirenient-•- isoutlierly residence pf,theapplii-- -. ';1'-,'1,Wqiuest:Jdr,4`;,iyatia,nce.n. n,d0C ,C`d1fz.4;p„,46..,qt=g4:525 .'o,B1i.4.P.A. arlin ,,,c ant.:,,..Ln:eAatiQk,z,cfiPropqrtiYl,:Section 190,231: based.O11ieDrive, Gree /ort, Parcel 57;1-- 2650'Pecenie:Bay'BouleVard,ffiilding•tefaitnend April 17, 23 tithel!'faibel4000 ff8-6-T3.)2063 Notiet)(of.DciaiprOVaP ;-.1:204413,in. -0.STANLEY The: of Appeals Wi" ' ' ;I:eeneeriiing-,Wproposed4 felled),„1,,MALON4]#5383,-- This-i;fiS,f..a..L.,lear-allporsons;ior.th-eit rep- which wiI),..,,ex_cee,4%the code.',s,,,,,,restueSt;:fpy:,,,‘a Variance„under . resenta,tiv:es,,.-,-desiring to -be- foufft: height liinitatiOnl!Aei.,,.;'Ssctions'.400-1.02, and y00,7„, :40ard'at each hearing, anil/0,r,- 'Ilecated along the fiiiiii:Ya'at''; 103C, based on 'the' Building desiring,:tj'esli'ing”In,'submit written .,..=k1.925 Haffor Lane; CifiehOkiie;' LAD-epartineneS Mayli20id.20031 statements zbef6re Ithe conelii-'5" ;=.•:Parcel 10.00-136-ed-42:w-3%- ;-,-.i.r.,71•,,;(7Nciticet Of,,Di§approval concern- sioll;nf'.eleb- hearing. ratli: :. 55 - d.in.,1,,T-I-IOMA-S 7 and ,,c,inginewj,cons:truction for ajuul-- ,heallfig, vill rot_start earner -.------ -BEVERLY-CHRISTIANSON -ifple-use'hUilding with:less __,,,. 1-14ii!, gesignatek,Atioye. Files 051:8ZSgbik-44:„,t.#:-request ft st 161'-a-'--30;000: ',,,per Use arid'Witha • are,available fOnie8r7ieiv dip-- WgfigeO'6'44iidW Secti60.1;1001",:';'-liuildinefilaritage greater"than -i'-int iikulair-bIiiin*louiS:It' drli:X!'„ *., 4A:97P,77214„-basedibigthe--,y,),60'linear at 4327„,45-1,Mairi,-,4;4youhave a0,-questions;plea:se-' Vililditigt1104,6,th 61,41-S,MaY;72gilf';',A046.4.1:#0.9gue;TAK4-4-90.ory,v;do not,-lkesitatetol-leall (63I:)-. • \ . ,'•:',',203 ostrei-eLsVf-Disapproval ',._97,-54.5... Zone District #:-. i 70.4800:;.j If:,46-itreetiuns?..4 proposed addition,.,_, Business., - -:. , ate ,.August 25,2003 3_-*itialterationsAto.'W.ii5itiiiing JAMES " 1.,Ydia,A:"TOttibia,'Cliairwoinan;' ..P,rfarii*.:MiPling'VsTitg.',A;',..i.rfi0iit--CP=','1#5.Y9;2:',Ifitsc-js•--,-a 'request for a -#, -,.; ;; ,-,:+ -goard'of Appeals -.YatitietbiCkZI(lessztharti35,-feet.,! iiVariatiee \Under Section -1 -, -: -- r, ,i .7,',-1X'9/11/03 (942) :. .--aa:.vk,--z-.5-i465 ,--,.w0,,--.k*..Suffolk .,... Road , ,. i,-_ 4,..,„- b4s_saToh, thetBu"ildingNk:04oikrTacel1006,1474Department's March 26, 40a7Notile&Tf Disapproval amend 40.00411IAURENOElreged Inne'tL,20,93cOncetiaing7the :.'IlE.T.t.Y3.-'7-.:VANN' <RUBINO:W.6'.$.heighti:Ofia•prOliosed,accessory, ,•,#,53,841;-chis w;a1 Reques,tforia.,,LI arage!,pEceedin ,the.code,lialL,,_,, Naliiiitt:itifiat4se0oh7,.MO.:,-,,:.4„.Sa.tiOn:a1X,§cifett3-dtlqaaffaii; ,, -2.:-0,0:0$116,:dg.U. the Building l'IVa. ,',`MattiftiCk; -CTM-'10i002- .--1Viafigisitif410:-!ziVt-2063triP.Toa+E:-3311,:*?, N-400AbiApfirp`valtahiO'fid-7.1- 7...iPi-,;,P.40.),Iifiii.-:1RAYMONIXAND 04-„N,. ,.0.-,—yr. 0.'03'-;-e-brie,gT,c.,.l-g,ati'AsiG,NS,COM1BS.-#.4t5..,0,.,34?This 1910§4-011fiinii9itiiiq40 : is;a%410t for VaiancesudeC, t , , _ ' .,-7rrk6140;yith-iOqyard-set- Sediton§(100;242k,ir09244;s40wgttoxsui-401681;,AYYii010045, Wed k IgigIlie .-iliettn*WkWi4toY4,),-pikeii,p,".,Aitiljainv-,Ctep,artment'sr:$Toticd,-, ' S'i-:-410-00Z4fa1 t066...673-3.1iffi;.::..\,;:)940-1,fctis.aPitg.m41',altencled.4111Y:i ---''710:10. ktflIN,.0-.-.:ZIM:-' 17h- , -1.2003 -conerning eproposed. ME .-41... 1, -,J,...., •• ,.....,...•.,. s-- ,--' RIVtA'N'.`f15:391f:71#5g ..a, -i additions the rdwelling,,with , '''1'3113t6TrciFc•'-"-7-7,,,,----,,, -"Pdegqviri),,,--v-rill.6V eitliar,4ifcie:sraiail4fIess thant5olion LEGAL iggalpRit.-Jf.,,o-itiisedyfoollbo-242A:and.'190233ipn side'-and-20 - SOUTTIOE„Vtr_OWN141:W?.,P.: : -baSediaicifOrich',I.EilietviiThillding f• irside..;:1-foli,i,total atil4S;thani,35.F:1 , -1,DFAIVEAL .,,:-. ,j,. ,':-.-0,01igifillotit$:,,,;41.y.,-.:2:9_,::',ZQQa rfo,o-ty;tel-soia.ige4:,A4ct.gistz,. 11-11:1,51:5A_TsE•TThigisEicP, .. Ntitice--OfDikappipvat concern- 4ng location;Of the,asimilt shed 4g20-o HEARING'lui016, _ 'TifiAliiblaa b'it'61040-he--, '.b..i'lesTthiiilfiiie0,'0,..y14F6iiiiiiie .a1STOTTCg:%4",,•*'-..cqwEll,M3.-y',,'_ ikkiiiipii304-eqiii,the'existing 1 property -6,f" VV.,Eg'\010670Vii.,-V.WRIJ,_Pk' tachgJi:toltve,,eigiih'4 dwelling, 1 pioElity: g25.xicti4h,N7=0:61 101,q-tos,-40;,40-*.p.z:-.127.4.,ve-,14.p4.-:: 500. ..39.q.h Lane, East Lane,flec-pila:::,rafarim :,24,. tiliaei$-.foqUoiiiiigt•t,044k, CTM,10(108...%,1T.:,4.,-;',::s:7 ---,,-,, ,',-,4:13i- b$.131Z,'GE-FiAliti,-.T..tliEF- ,,fhle,,,f,r6iV#60SO4:iiiiigr t*if:9P':- -,'11",irrg2;0,1-1:,gii'i!'OAMkViihqg, 'r:Ptiqiikelt,ffW'aife,CIVAIG 1:6*.iiig4011§Ltie4iiiikkwAlf,;lo-0,,,. ,;it3g12114S-I'Sm.,rac,i•eqiYea''1617-a. :RATA: 5396-4.--iThiS'Is ra'rekiegt iii-of-d-b15k:',VAttet 4'SOVINCitt':'D i„.'„"_'..,NyriaVe[e-4,iiiiiter,;TISe'etibrii?Aitil0:: - ;for ;-.1*:va.:4,4118gi'kurcleil?Sediro'n T:0Wi4N.COOTiV-P,P.,„t A:1St 5.(ttk.Ifisr-dir7.411:-,tli6ISiiiklini •1.16:442-A-and -00f:244, -13aed - at `Toiviii..alr,;.5-301-iNI,4111',-.-;Dartilienti,k;,Alingt-'22;--4,141Q2 .liii1tlib,fVfifing,APepartnieTit'S koacr,-10,.'**4-ixiti Southold, Notice of Dis40ipyil',I8166il " June l'Icr,r-'10031. Notice of • Nev‘r,-Wbrk',,e'11911.ttp95,0'0'-,9n -,-e4rcipiYied.acee'sSorY9f:Siiiiiii= Disapproval concerning i•frOL 4.14-111ZTSDANV.rf SEPTEMBER nfin."• po-dritil-diV,areaLotheIliaii ", ill o'se.cp,n-ew,-,-coiisfrifciion' with • . 51q,,,',2003at','We'l.rtiftieSz3._'.libTeif ,&,,',,,sequilted,rearYq-ardt,„Tail,.:'2•75 ,fronfiiy&fe`dins*d:'sett240ks.:_at below (or,4g,§69ii,thdelft0'as '' Major's Path, ,1:6s ,iiiiii,!-S5-tfeet;-,9.plirsidey-chi ' _Ilogill16)::1A`::41,:i-:' . .. 1000.1544126.if.-''' -''' ' -- if IZS'gctiiinITOTte'et.UVatiOn-Of . , . .... . . .. . . . _ - . , - • , .. . - , ,- -L.-•,,.. srFt C-7..,` k`,,..,'CI,,,•'':--'"'="'O"-11••••174-4,..-•----A-.,'1.2.?.t,''.,--,.!-V..t•.1.--a. _,..,..,-;",,_--. ':7„..„,142,tt. • ,•",r,"W' , -7-r7--,.. ., • ,w.w., -r--z.... „--,-...„1 4,...--,6*4 i: ''''. ..',ITL:-,.`a.71- -'21.1: ,alik,'-'4110K4-..,."'11.1,±0,7,.at,A..13-''4-.CZ' ,..-..':.-'',. 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MC ell 4 1.2? .. 0.1 8 .. 1/0 KU m OD 004' °AI. , \\ .. 10..21 <a 79J(c)) I a g WHIFAVATER LW, i IIMO 18 ititi4o '''' 111 11 • ill (5" 111111111101 -.. 7,- '-‘• ' - ' _ e DR. •°— 1 " /0 Ili pt4i930\ 13.1 LOAM dllin s. cotinyllif 1 I.4P VA ii71: . 4A, 4. ' 1 11:1111111116 a lik3 li:IS® 00, le . ' \----I A UNE , GLENN SEE SEC.NO.077 MEM Mill ez ij 9 10.. Nip% u. .NIt •- 41/ 000F V ‘ Itl!.114 , A.. 11012M rrl 111 - ,:l. I Will " 11 . 2 r sumo( Wks - f MIMI ft. 110)11111'.le"? . E MEM os / MIEN /I ' a ..84 ...L....„.1 = 13 E 18.2 ' • 14 # * 14111111000/f I i 16 infttliNIE . . simis .- . .... 3.0 ami 634pN as . 14 . 4 SEE SENO.076 ' -- or E 14.7Afd 111. Yi. 522 '",. k, ita s e , am /4 70110 OF • ] I.=. 0 '4'4 illEallav a , 11114111 4; Wit i ....--IrL"--- 4 C, i IMIII ,... so sow 4,4 <1, Jill ar 1111111111 EMI MI=1 ." 2 6 A I :, i4 ... (. . 4, . At. . 4440 4414. the 4i- N.BAYVIEN os MEI __...geleL114 •4 0 . f RD. i Lt: EMI 'i• ''' .. 60 ' 41 I I NZ 53 "I I IIII 0 SI,2* vats ,,, Pir / 4,70rwAg*tiliteDR.iiiitCli!Oft,.ft.:56 -;:tigr MEM 0 11,111W11. low 0 ,• 5.3 i ''' `2.118 mpg. / i at 1 S4 78 76 ; EMI ll 1 ''' i(if/PC j S•OA re) . .1=1 TS .,7 W • 11111t ittil , . mo / , I=.1 , SO' • A / / 4, 4 AV 40 32.40 ' aifix Ell= 11$1..... loc. • •,,, on Ull 1101:11fr 4, iilt..•s zr--f . / /1e i AP0' ,:,n51 go/,1fPT • , sI• \A IA , it .,,,,, . i,S.5 ' 32.8 aPele Xi 0 ... , I ?gc 0 IN 1I' 4 01°1 11071,11.11111,11. 1111, '.. Z I• . is,,,LA• Imo 111111111"1111.1.0K "1116 go. VA - s'itP*13c't Ill / /, Eit- .141/ 27,1 NMI 30 Sitili 40ArIP _...11114,0 *111.4714iCto bilt fr 4141, 'Q 4144/ ''')Afo 14, &" 4F NMI 8 a 4„, MIMI %.,o1A 0 11!4•P "010V) S 4% 4,... 414 i 1:4 1 I 1 ri tit,",XI 1 I., 1 m i ' '119 illfa:7 1.3 MIMI 4. . '44,3„ •q• Mil. • 3a/0 a 124(d 1$ ' - iti I g -tairc,0 x ? 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(21) ,..,, 0 n..c,,,k1 on. —-F—- Softse Olotrict Ulu —-R—- som 5 SEIER nil t MANIENADOE,ALTERATION,SALE OR j‘\( ,,,t, 61' Real Property Tax Service Agericy v RUSE OF G SINPAsion Lot Uno • 110dOkokulco 0 Odor Ltrldet Du -V---- FlotoricalClarIct Ike --HST---- FRE 20 MOW DISTRBUTION OF ma PORDON OF DE t. . g County Center RIverhead,N Y 11901 073 Iro754:3 OIS 0 7 8 EWIT 43 PATER SLFFOLK COUNTY TAX MAP iS Miens • _fflgi • M N Strom/Rom ."."\-.----'----' scow Eflondon ,,,. Coanty Ike ----• vot Ektda ik. —-t—- ileum CfrIrlot lino—-A—- p 70 REFUSE SO WITHOLIT WFITTEN PERUSSION OF OE U ii FEED'''' A /13 Fr 0 p Ns 087 ma DIM" 1000 D ''"'"b• 23 Ned Pea 12.1 IAD or 12.1A TOO OF0 -"-...--. ... Fat OWL*Ws —-P—- /wooer Nem no—u-- iNDAAKE VAMIATER • REAL PROPERTY TAX SERV=AGENCY. PROPERTY MR _op Waded Area 12.1 A(c) MP 110 •-•-••--...--. s.„.otri,,. __s_____ calVEREEN DATE 4.44.-.21.1998 s 1 . X — S5ET ER:r y. ( i___, ugicPkr .. VA., C A Ai_ T. 1,0_7"" - --- - - Ta i P1 )r a Te 1\ rn r r(s)Irl , PA)Z_AA- r 6),AY. ' f-l%NrIA,iwIt" Ot?4ri.:1 rot c• . , OFFICE LOCATION ' TOWN OF SO1JTI-101_,D OFFICE HOURS&PHONE , 53095 ROUTE 25 CONST IDATED REAL PROPERTY TAX -FITT.1_, MON-FRI 8.00 AM TO 4:00 PM SOUTHOLD;NY 11971-0499 DECEMBER 1,2 kTOVEMBER 30,2003-TAXES BECOME A LI3N DE ER 1,2002 631-765-1803 TAX.631-765-5189 .,,,,,rmwmgettn omumfotox;1/44-0,:t,$,I,s44.A 4„1,,,a=94,7-1,-101m AMP,.r 1,41."4"*.Mit'Argre,"44-zmitruromblwi'l 173,2-341.11 IF THE WORD"ARREARS"IS PRINTED I. >EE epeOLINTVVEr'1,14.8,11LIVUMBFR", akitilataarigARMERAMAL155AZaiizsatk Tlitt,,4.4„,mie .1.v.orfa-grttetIied-, 5,M44V V 1:W.7 VAS.'.'<..6...Mt NIM...4,td; COUNTY TREASURER'S NOTICE si d • 473889 78.-3-28 610 ON REVERSE SIDE 08 9044 iiMilifig.,i,.4'iMoaiiiii4Eoltfitifillial EILMEGN BlittEltefigliki millirakatiN tilgitERT,„gliKtal,ittii'ap,),(mp,i4:thIminizeel 1145 NOKOMIS RD . 0.29 . : r4V0-6.0-kIRITSVii3Argif0-4117,103AreflrirfisTrgT.I3F. 0.'.4 ., , , . , 295,457,299 1,598,350 0180600 EIRTIVAR1=6510 IDISINHEREkidigitillirdg'. ., 210 1 1 FAMILY RES AUTOCR**R-003 ,JIY1Iffifillgi 7241,',.01111124,11Kielki.11 filivirg'4;410AWAITER. , • TAG GART JASON , 1145 NAKOMIS RD 12/5/02 600 I 4,200 SOUTHOLD NY 11971-4854 . BIN,falINFOCCEIMA,FAIWA:IngialibirolLOBRIMITEM 1.11.111.11.11.11.1.11.1..111.11.1.11.11.1.11.1.1.1....111 TAGGART JASON . . . , ERINVEMITORATgailAlmairdrailigiNT7PialtraffriNTAMINZEISSP.'` i' ILI%li.-ef.,':k-,:arANTrohtiaitttif.g07:517E7K-IfitififialaJgranfallat First Half:. ''''' •..'...‘7V001-- '''" '$):587.00 •:' ' ' ' 1)1"0/62'-'; ,' - : .• . ASSESSED VALUE ' .-: ,'',' ,",RATIO,- 1%-=:.*::'", '::100%'0F_;FULLIVALUE's• ' S:.scand.kalf: -'- -'. -:.-- -' $1:587.00'- '' ',.-'-5)2'2102`:". , 4,200-,' ..„, •• - - WHiCH • ' 2.30%9F ITS ',.::152;609'., I LEVY 4ESCRIPTIPIthq ., - LEW% TAXABLE VALUE 1, :' ITC)A,M0 . , FialiaATEil . • ''TAX AMOUNT:' '_ :,T.TOTALTAX'AMOUNT., '- SOUTHOLD SCHOOL : -• • " - ',- Q4.77%, ' :• ,. , 4200- • ,. 511 ,392:'' --,,-.,-7:IOW"',-,:'' •,-,2147.85.,; SOUTHOLD LIBRARY - •-' .'•• '• 216% .'4 2004..i-04 j=1 :07.,-.07 1., " '"'520°/0: , ',"-'.,‘ "-7164 - •• - :,, _ , '' ' ' -n -R. ,-,:c,(IA k.:,,'.',,,J,,-'‘e,••),„:, -qv-, . ,. .,- ,- '• :, • ,- '- --..,'•:",,,,.,,''',:,'".•..•-,-,1,1-0/' 2,',,' .:.:':'!''•:•': ',-,' ,• L " • 141Thick.- 4,Nor,w65,A,,,z4--....d...1,-vimkp....734.,,mtwmpwrip ......tar..7,,T..,...:7-,- .,-,..,,,,..,,.: ifk.tfr,..la ,,..,.,-.411„.044%,pkurvm,.-,tm. ...-,, ,ii*., /sfftrg, i •lEvi 1E Ig[o Az 66.93% 2219.49 .;'. , - SUFFOLK COUNTY ,,,,-,:!,'•;•.',„-• •2..',,;:-'2,2'.:32% •' ''`.-.I--•:, ':','4;200', LI'• ',1p.31.8.''„,„I, -•-,-.9:50%z-''',:Y-:,,,.:,--.,,.78.94,, • " • ' '', ' ' -' , ' z, '''-'.:,`.e: - ,`: '!“...-`. 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'- . 41041,:f .- • :; • SOUTHOLD FIREDISt ,. ..- , ", ' 4;75%: , 4,200•' - ;37,483 3.30% . . 157.43 ,,,,„.. c--, .., , , .• ,, : 1-: - *',,,,-,, SOUTHOLD PARK DIST — ' 1 69% .. 4;200,','''- 13 361 -4.50%„ 5 ,6:12 • ' '-- "• *,, - --'', • , . WASTE WATER DI8TRICT, .- • 0 22% • .. ,.., ,„ , "4,200 , 1 706 ' 27.90%' • , • ' 7.17 • -- • „„..„ „„.: , , , ST' Hi-[5,, c,,i.WASTEDIST ' ,,, ,, •• ,t8Z% , • 4200, ,-''i„r,f ?.,‘..', 14,758.1--e, 85.20%- , '• • 6124',, '.',1 ' , '-,-, .'7,71'.4'=:".',;.,',*.., .''',...,-, i,k L' •Fr'.7 t....! ..,. '..- ' ;.';:-.1'i' `., -?,.' '' -' i . ., . . . . , . 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'O•;TAX“''i,''o'i''' ;YN',.O.iiON r,',"iL',:':FACE. ,OF TH,4EfNCHECK i",.',,F”'4;"Iz'd,Jei*,-ffi'Vr-1'( ,11°M•,'4,.'i'"f,,=,,=,.=-r',,',;•F='r,-",;•=.''.-;`1I='4'V'-'--,.'1,;Z,r -;F"'.r(PL•-i,".,'5','"'4',4•'n>5,-"1,114•,•`,5g; );•,W 4.90, , tg „0, m..n1kA -, ., : 1 1' ' ;11 , 5m “ •1..,',5't.1'...' , - i; i.irmvtO ,l8,19090440 !' ft,',4 Plif=NCIIA:Ogt„WE,147,i :EFOr:4V41.4 -7.,:::II,:`,7;10,;',77:14{77::;:r i ,'Ar,-‘6,-:':"',-. ,',-',---I,",--i."-.""0.,.!<,,, ',',".= C,,,:l.*,',==j,l., "1,,,,,3e,',7,,,-7,`,',) ti;'fr ' . il.::,:';,,:e +Pk. 41f=',==1,-;=,;131:+i,,,L,';=• i,.'''i.:='t , ,..-=:.=,-f(wq;,'4, ,r4,-1i, ,-t",:+' . k,:11'7't-r-,-,1.,'"''''''W'',I-t'`I'Y''...''',?'`,-,-1',,'< „.-•',':,5,,,,,`, , ,-,') ,:;,,,,4,.,.,1,-,,6«,,-.'. -:,.;..,,,;:,,,,,,:: i,r„.,c, ;.;'g ,A .!'-,"1 '1,,,,,,, -,,- - 4Ii III Il 11,,,TAGGART,,a•jASON,,r44,44P,. n,,,,, , i.,,,,it,,,,,,„,,,.- ,I.‘,,„:„ .4'R .r.f.,.,:,,-P'',f-='1,'',,:=„,''7Alt,.,3",i, ,.:.'1,/ '-"Slr 11,,t,,- c.,,;•,#•4,,1.,•.5 , ,,,,,/ ,,,,,,k,., -.s4",-..;,,,,,,, qt,-,.,,---,f--„_-,,, ,:r.. vri ;;,..;;;4-,,t,,,,g „,,,,,.,,,..„..,,,,„ t ,„, ,,4.,„„,„ :.;.1,,,,t.',==,:,,,i',==',7,,..,40',,-1„0,=,,,,,,I.,,,$,5s,, =,,,,,;41.•„t7,,-,,i',,,,,,,,=5, , -,, ,„ ,;.1 ,,i,4,=,i, i, ,,.::.,,,,,,,-1,',:„,,,, ,,.',-, 1.0,,i)..,,.;.-i',,,ir.iH.-,,P1.,,o--,= , I-4,-0.-1.::,::24,:$;,1! Nr;f'A --',:'!.,',p'' .,,,,}.‘:,-,`':.'-At'-?)..`‘1, :`''-'• '4"1--..-' ',,,'"‘",',T.,',:"•:` ;'.qc .'- ''-',,:-di; 1---n ,0 e"0.1 ,.. „;..,,.:-, „i„,'-.:;.,,t,v.:;&',.,=:-,t,1:",- 4 (!.,„.!'t,,••,-(,•if,j,,,•i,;w&g4!,,.,,,, I,,',;;,:4jt,i.•;.'ii:,,!,'2,5,1, .I'''•15n' .1.1C,O,ri:W''",:k'54-:'*`‘'' ri.. 4 ,'. V,1,1:; ^ _,^',1,',4(7,-,,,V, ., ,,i.',,lk,;,i,,,!41,i, Nit;:dx:ItiblalciVAhg,,b`41k7.branch-eail6tatedmithin ttleO,Wh:•Of Southold accept payments during.r0g0Iar,tritOtl •a$119,u!7s:j5t,i,dgglIPITIO„tpn,i . ,-,-: ,'T,?,,q,,,,-;1,,,,,.I,,.54 , .-„, A.,,,.,:,, ':;!1;-.. ,,,,,Aif:ii!j-A:,' 0:4',`kr,y'',.'=';'1/44C1' 4, '''4N,I'ado rial'Oapic,F!leati Baliik$No a rr-foljt kBanK-;','sufrgii .c„ou nty National Bank. 4-!„:•1-:,,• 1f ‘ •„:.•-,,,i.,,:.•.'„,i„,•,-,-,,,„..-,.:=,. ,,q,,,, ,,,,, ,„:4 „,, ,,,,,„. 1 ,,;,,, Ok.,, . ,... ,,,2,, t,',-,p; ..,,,dtPiSi,i 5.,,ick:g.'fk.,'Zl.iliii, ;,':;1,1e;n:',",;.'r-'51%,;;;; 1 'fill •' LI' l'N4lik:iPk1. 4:,11;1 ,''''''f',' 'I'O , ,, ? ',, '1;',N'''., di.1;1112,..,:L .j„22 ,,; ,,,„tk - ;.,::..tiitL211. LliviI.„;,;,,,'IL,..:7;:..;`, :,'s-,.2,gKkze :V-nW-ii .' 0' ,.A. -:,:,1;;Qhki!': ,`, -01".-:,,, 'eM ';X:t1-;:q.',Ig3 , 473889000000078XZ3Z28009044020d000000001,65819003316377 , ' , ,- , , • „... -. ,,,.. •,,,,,• , . ,,,, , .. ,, .,, , , .. , , , - FHP1S1 HALE.-,,.80191114OLD,TAX'LEVY,? 2002-2003 2 SUFFOLK COUNTY TAX MAP NUMBER', • '• - - -'.•'-'="0',' , DETACHSTOB,FOR FIRST HALF PAYMENT.,,,RETURN BOTH:STUBS FOR . 473889 78.-3-28' ' * 'r ' '•'':''5'':” v, ' : 1 , .:,,•,r•:'1:',• •';,•,' • PAYMENT OF TOALTAX MAKE'CHECK PAYABLE TO THE RECEIVER , • - ,,,,, ;,,,,,-- ,,- '...,,„'5f•.',,',P;,',‘. OF TAXESANO'WRITE'SILL.NO:.AND-1-McMAO.NO.,Og*A.cE•t0 THE CHECK:i.,i, . • a'vilo' obk,Te•rr6ii-0fi,y--,„ _-;,,-, . ,,-,i,,JI0.,.11;_t603:::,,,, ,: ‘,,,,,,f,,„, i,t,,, .'il MEIPISMIHMERFAWESWEeOPPOIENWW3A2002:LPini Billtja°WNW 0 liNgTanirraOLVP31''''"'', '''''' i'DUO*.i 0''''''''''i'''';. "'‘'' A''..f:' :'4='uut+41.-p. ',,'",,,,',„i: '.:1:•.1,.. 'ts.-',. ,'''',tirinAmee.*telf.oltv1„1,0,0-.4,ww4,11,44,-ti,ft,T1g4---*,a-,vp, 4,4,,tm&d;Aftheam,i:.;Tatmovisurift,',...4*:,-, ,7-„,,, PAID BY •?'ID`..,ktEt§t6,,,',,-`,,ELoi,i--(0?=i;,,,:,-, :,-,2;,-..,-,-,_?,q' , -,`''- ,'‘ i-, -'.:,.- -:,, -1. ,,,i '--;, --'_--,' -- ",- , . ,.. • '' ," ' -,, ' -' ' .-- ..'-,' ' - 1''-,:'-' i,'..,';' '.---+,--,` ; ;'''''", TAP,GAFT JASON ;-.1-,,,4,,,, „,',,- 1,„ _,,, ,,,-,,,-..;.,,,,-,-,,,r,;r,+,,?-„-,,,:,•_;,.,,.,1,,,,-,,,v,:,,-,'',,,,,, ,,,„t, V ,, • . ,;', ::,,, , s;,,-_,,,,,,,.; , :„,,;,::-.-.-„f ,1: T!',,',„':='''','--', i=',,,?';"'''„''''-;':,,‘i:;'''-''',-.'. -'=,”,;,:,',‘t' 'l:'',,':''`,,`..‘,=',',,'',,'''''''',',i..i',-,-?Vg::,.,‘,''•,•':':;.,=.:,'4.:,.1e,•,1'',:':•'','-=/',,''',,.:=.;:,”,:.,(:,:„':;'';''','t,'-;,•-'',7','-'?.„;-'.,-':,,,:,, I,:‘.,=,•-?..=,,:,,.',.4:',,.,,„,' -„-;- . 'i•',-',,,,-f:,',,'-'',','`',.,:,-1;,”'.,-''-''"','-.',,,"'":„,.','",:''•',--,7','''.,'',1,,..'„.''•.--',,'„.V:,-+,',....';=,::,-:!'%7':'''',,V5.,.'”‘,"a‘,'''a,Th,•,,.P.,',*,•,,,-4,41r'7'f,,,',,,,.',,-'. _Il,.1„-',;:-iV1-r;;.,44:',,',,':;y,,:1.0,,I% fhefollowing:ba-kb7OcreklcCatd:,Mtilp:th0:Toyn?OfSputhold accept Paj6e)tS ayting! 6yir:pLiye0:0040fBri5402000169a1I- 4tigha[lb6-nk';,floet,,Oa'6k-'1<101').'Fprklphik8-citioli'<;ec301-ity.N`Ofional Bank.::,',, .,. ':',',''':'•1 'i..,"::,,5'•::/ ''';'.h.:'1i.r.i- '..,-.,,:.,;'', 'J -4,'41,r.:: ").: -Atti3OrA ,.,, ,, '' ",,,K, „,:, , ',;ki1r '.r,...A.,:::,-”', „ I','.'..„,,,..f:v-,`'r.",..;,',,,.,...'.'.,E,',,..., . . ', . .,,..-4, , ,,,i,,+K' 1, ,s,A:: ,.....'0: . -,,.,-,,,, ,i 1MVt ' 47388901:10000078XZ3Z2800904402001658180000D000003316370 , i 4732 , . OFFICE LO6ATION• TOWN OF SOUTHOLD OFFICE HOURS&PHONE 53095 ROUTE 25 CONCGIT,IDATEi D REAL, PROPERTY TAX BILL, MON-FRI 8.00 AM TO 4:00 PM SOUTHOLD;NY 11971-0499 DECEMBER 1,: NOVEMBER 30,2003-TAXES BECOME A LIEN DIA' ';1ER 1,2002 631-765-1803 FAX•631-765-5189 t""" � �'X'" .3Ri sG'u..'`' aFSik,;' 4,x„, i,¢%Aisr. lx' ,'v'ztF, y r,^' `" "r, 9 S �K�O�J j AX I I t B i� ,I Q a IF THE WORD"ARREARS"IS PRINTED f "SEE re414 Tr U ,q61411.113:463,110,11,4111 COUNTY TREASURER'S NOTICE `e 473889 78.-3-29 610, ON REVERSE SIDE, 08 _ 9045 '.. aw fi-., i'.W,«:rv. -} - ..n-a•sa•• �- T "W.n..,. _. ':a��- ,w we:s4 rx Zn,!< :�.� a7:,�, s w � ,�"� RRA„ ;I I E511-!�iti ZRA EM l MENVWF m.P r p , irOn' : iY P til , nl akinI[3T19"aIr, �4Pr eg 815 WABASSO ST 0.31 , • „' 1.M..NAlReiN`<i^�l�f€3^�.wa,,,15v.,K; vP r.. 1 Y Sibli'iF.: 295,457,299 - 1,598,350 0180600 , 311 1 RES VAC LAND • "'A TOCK""R-003 l -' qr o s ,n t 1,: ICoT As s s sft:A . 2T . , , ?TAGGART JASON 1145 NAKOMIS RD 12/5/02 500 ` 500 SOUTHOLD NY 11971-4854 r,~ -: ,r TO .' ,mow T' ,=>, E �:, , 9� ,,g, 1etI?5 4.,T,1 , :t11 pl � lts? g? i it ht 11111 IEEEIIIEIEEIiiiliiiIIEIEEIIEEIEEIEIEEIE1IEI1EI1IEIEEEEIII TAGGART JASON .,e-,r..q ..�,.p..Y„"{"=„�.,tr 'yc"”, .J. M kh' .r 5 3 r�-7i' ,ru 'Y .lfil ; Ri1dt' iaf Aiiklat atiblaIri ®lTardi 1t aTE u ; . �� �< e I < "'i 5�' ':-t ® Va^.,0,Eta to::.7 t._-w11 '''t";,S- ' 4 First H'alf:' " '9002' - - $1.88'92 -'.1/10/02 '. - "ASSESSED VALUE', '" ..RATIOI:'' , i ''• 1,'100%OF FULL VALUE';`, Second Half '9'02 - �_ 'm188.93` : ,' ' 22' 2 ' ' - - -',.: - `- -- 5! 0 '5'00 - w CIi 2.30^'/'OF ITS: 21 7:39 p LEVY ID ESC' II PT O N ; %• LEVY '• TAXABLE VALUE ;p- ilta FROM PR,OR YEAR TAX AMOUNT ; ,ITOTAL'TAX AMOUNT,`,' S,OUTHOLDSCHOOL ` '„64 77% '500:', 51,1.392 '7.10%`' ,255:'70=' ",r''`-,,^•.<a;,' t' a':,;5;'`' _', SOUTHOLD LIBRARY-' - -' ' 2.-16%' 500,v >r{ X17.057; - 5.20% 8.53' - • - ":- ,- - c 'J'S:::,,:':',,:.'"'„ >:-,:::,"i".7";,::‘.:ia•:fir?, .`r 4114:Mfg. Fns .V t"' s' +5�',n+ 0.h ,ca..{ i M1Y t $.7lwtr's�'k '4' ‘-*W*'' .,..,F" -�,6 fi7iF s.�i,'n, F r gs, •a 9 b t it a'.' , 441; <r f' f'L . ` I..1 £ 66.93% '' §CH` A0 t ' ` 264.23 .. SUFFOLK TAX' '2:32% ' , ''500"••,: _ ' 18.31.8' - J9,5000 :',9,16' :';; `1, ,_yS•„'•t, ? •i. '•a 1 Al :lf.:C ;'t„ ,'.r ,.�6 'may_ ''t,” �'. 7Tx `''' a' ”' y yi q u •`a„ e e.w, i�. + M 2.32°° "x;i ,. FL :S,rY3xk; .r%, .4. sr+a a y31 * ; �, � 1 T.ALE,; f .,X PINM'�YNi `Yovo' ' 9.1 s fr114 '`SOUTHOLD TOWfIs;TAX' 2,1•92% ,'..',`,7.'-'--.`.:',,"'.,'''''':: 50 "` " tA �• ', , Q`" '` ',1'73:;082- ;fi:90%;+''., ` ,,'8654.';r;`,'''' 'i",� �x4 n ivre • fi -.970' 21.92°/ ®,� i• ' f, ' v'r , ,f• 7,(•:.,',-,,';'-'.:,';-, 1,1-'1,-,:. `! , v % f.''", ' '�'i•_ 4 4'� '-',*--N404_ • ,.0,,,,4„.,...,P!,,, _,, ,r, ,a�� } �'t ry i 86.54 NYS REAL PROP ''•"'' '0:33%0-, 1' ., 500„ ', 2,629 ' 45,00% 1.31..• s.,',• SOUTHOLD FIRE DIST ' • 475%, _ 500• . - 37483 3.30%, ` 18.74`,,' ▪ ;; _'• . : - ,;:1i SOUTHOLD PARK DIST 1.69% 500 13.361 -4.50% ' 6.68-,''-- - _ , + - -; M1- WASTE WATER DISTRICT 0:22% 500 1,706 27.90% : ,85 ' , 1` =,i STHLD,SOLWASTE DIST ' • ' <t1,85° 5 ., ,�,:•;wr.i.:- ,- - , ` /0 • 001'^ 14,5811 85,20%' 7 29 , Y, i• i' i� �\� fir qu?` �wF -� - ,,g•3 :'t.. tr � . , � .. 8.84/O� g: iOi �1 Ee„ ; � �': �Z�� r 45 � � � 9-"4,9.h.--1,4i1199% ge.t tJ n04, F . e .9+,n .14 ` t: `,4'r,�,`rf , ,. '.IFBG �� ,.' 74 •� ���®'�A����� 197:4.). " ��, ;is i1<>, . , , , ,,, .'i , - „<.,-,T.1.- ;a„ ',_ ., .-• _ A: L• } " r ; '.5"1` s`'?';it'at; • DUE DEC.'1„2002,PAYABLE WITHOUT PENALTY.TO,JAN'10,2003 DUE DEC,1;2002 PAYABLE WITHOUT PENALTYTO'JUNE 2'2003-SEE REVERSE '•—�>, i– r�' - 4 "ie`f a'; -1';�ht'; "`:5+p4'`'ii`; xJ•j v THIS , X --3=_E, � E1 ` .;.,/,•5:!;.:;,.-",,,I,,:::,::1-4,1 'r1, a„SEEREVERSESIDE.F,ORPENALTY`SCHEDULE.`,; ^i'SIDE,FOR'PENALTY SCHEDULE AND,000NTYTREASURER'S NOTICE ,.,'', ANMAY;B - ADINONORWO-NSTALL:\,, ''"4"'' ,i� U � t ��,' ���� � tiiry ` �'�� � - ff4. `i'`- TX NUMBER;; ',. - W, �`.•t..i,' a t,�.•' 4.r-' r'�w.i.7+u.- S -'r`.g„a.1r : ...%e�.`..•,.:✓:<M1�t:P,1S'J,_ --,�„.'•.:,.'?� -r,,,e:.,r=!r ..y4i,:'r,'•: � _ '. •_;= . .•.�5_^.,,. .”";,t;•- .'t'�,;-;<�`i .�^i_t-?..�-3,,•:;.:. :.�,+3i + ' ,' '.✓' � " :? _: , ,i; � ;� ':.w ,i� kb �,- �.; 9{ - 1 - s ':: ,;. , ., " 4Yr�:® �ACFSTU� .A Ot `ETUFNU1% I?HSC®fD9FPAIVIE7;- RETRN BOTIi" r . .,-'"`47389 .729;,4{ " 'i ,+ E „3I07, ®R.;?AUEN.Y`OP]C �L{lX..Mpp°' ICEC{iRCK: ,VApRE TO TE RECEIVER `�n ?2` e< »+ ,~�. � ':it '.y, .t+t;,,; n•,, ' 1 • `11t',;I 1 dU9AES,A,NOVRI,E4iIILL, OVD1Cj�IaAP°N®.1�N�FACE®�TiECiECa. ,'rG1!U�9t33Cf,L,,�f1, � S: p :, I� E,I;:,LF;J�ftwr''' 'i "' • 1,,,,,;,, '"F9h" gY� r�; +�ar g ��r �F 4Mff��_�, -7r:{ 'n.`� i"r��'> i } 1,)u + :: 0.,-}t, ;i :x,, : •4 ,,!,,i..'''-:141.3•1r o•.lr9 ., .i:,.' G°�D� '.44-14"14"..t.'' XES+ C0 Ei L EDBc 3100 �B"L' O. RL ' 2F720 • :t�° "Y97fi ,.:,,' 1,' � .',, .l , ;Y` 045,r ;r t . ,,{i • ;i 3,. :v . ,..: . .. ; ' :„ r � , #e3t '4juz.�';'' �te - rF�`�'• : ,.� 1'4;t`Se; "*t n„ai:;;�,'„?%- .^: 1�1l+` - ' x,a;',:,, r:ir::'°y.=,. l `, ; y ^y:j• "n;,,'5.Si 4 -pIDt6. ,,;;rJY®r.gJGSED,t'4li” !"6Tp�!t ' 'h: i5 :.1;';IF-i'”€v�A.i' , 4;y �.!.r,t;, ;Rvr..',. :`4 !•.3si;2•',•3`,o��1�rafir; R,�. gI <+ t,„i,'r :t'sttlr7t..�:,+?^`i ,,•Fk,-.p,1' rFJ', j: "per: 4::,.;:P," A% r fAJAS f II< ikr+ 'r sl ' : t i 9 "; L ' `�'f'AGG ., i ' ' ta it, ( ri . 3 R,` �'"` .H 'i ,yi, t i`», r3 - 'i r5} - '`ice w1• s'" r ' I'i' itt:�,:, r'F ','S" .1'i�Y, " t, �'✓ '..Ma ;`Y. ,f '♦ ;,..0at�t 't - tjs' ,f....� v� ^t, •.- tv ,I! fh ` M' '` :;f' es :{I„ U =s" - $4 5, ��' ,',�^z. tt:a inwivs,SS"^�.....1>.Y *tti•r _ .f;',`:; Ir.',:i`".s:` - ll^'ki :;e:.•'.` ^ .° i"; .Fou � � .f ± ` ..� ` ''''' '''','i"''''''''-': i � " " Ot ; .., �.h%b` .& :�'. t: .;T OIIOvv nnk�`,b`ra` hel at dwwtaln•th�.TowriofSouthold accept pa me1"te'.duingreg ar'busle§shouiz 'ngeampfon5I• 5i' n_,, s;i:;>r,,�,,,h.i ;IPt,',1,.,. '''''',IL'`..','• - , ,'' l;;;}. .. ..r.•a ' u " ixi' fir,' ;, '�` ,, t.:A:,.a%'c '!�i, r :1:; • : i'},:NatonarBank�FIetsank,North=ForK'3nK: fokounl National Bank. ' `'� ..T' ;, '','a. :;`�.„ • ':l, `S`li'S'i'>hF1r %§ hhri,i<i:.C+F' "+ ::' AIy ,t,:,t_1YF ''' leli .l ,,.fi. P?i1 }:t � <It:Ai > _ '0,iii. : dl j„ _}+i . . � �-,1` m}s •sV▪ i. ,T` %„Pr: -�'i ,l, _ S. , .�. ..-4, . 'ttur..:1,.«.*._...r-�<tit':«>:, ..r_... _e,,-,...r:, .s._...,.s.,,7': ,: . .,.,:,Ju ,=...,._...,,.. :. :k,'r...__.GBL'iir:'i:s,``'r,=H"w ":2.'i°,..:n. . 473889000000078XZ3Z29009045020000000000019740000394807 FIRST HALFSOUTHOLD TAX-LEVY=Y°,2002,2,,003 , SUFFOLK COUNTY TAXMAP NUMBER „ + y 'u• ;'',;`i;;,[';'i DETACH STUB FOR FIRST HALF PAYMENT-RETURN BOTH STUBS FOR 473889 78.-3-29' ' ” I ' i•` ' PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO,THE RECEIVER OF TAXES AND WRITE BILL NO:AND TAX:MAP NO-ON FACE OF'THE CHECK. t`^' �PII Jl x (1[,V'�09 'li�C1.J rte° ,; M1 u.��2�X%Jn t�"'Y i' ,+�,r'' "'i4�t;. •.��'krY .TM�V:ry}+L'S .-,i',4:r.T�,1�`F xjrr Tt"✓,;i.��fT�'Prx •�+�� N�`-" �t � �'-''''� ' _ ' „ •1' 'S= ;, . ,,,t_ 1 eu�F, S F X,. g *© E s't'd e,tx..2 2v m A'i .. 3t.fi ,, kit2 0,8 -r j;,, 'm-'-'-‘ ; _; ' ' i,!•, ;I` I la w w` �' _ ? ' � � 19-'' ' '1,:: «: r{,;'•., PAID BY: ❑ ASSESSED ❑'OTHER` .` T .e ' ,r , ' ?,:,.. -,,,,I.13:.,..T•t" ' ,TAG G'ARTJASON, - - - , _ „ 'i` ' :'r° 'e, ''';',''l } +`''`',, 'x; % :t ' `P','r„, t n `'��,�,: l • -' _ - - = ''',,,e'< et't'+ -'iii, ,Y'` r'.'i't'i3M1"i The,followln abank�brancFies,located=within'th'e;Town'of'•Southold accept a menta dul-i'n”�r'e ular bwslness.fiours:�Brld 'e •� •1= '�• :,r' 9 g,,hampfori " '' �Netio`'al`Ba 'Feet Ba` '�Nort �Fo,k'Ba'�k 'SG ok.Cou o fir• ,4'',i+� '•• ,'„}+ 'i n, lik; .J, rk , h r n ff I nty'•Nati nal Bank: ;,,, '-;;' �,'` �, {';,. „b:r',r i J` :'E: '1''' '('..,,',"::4-:.', ^I'7". r FSI ',t' +„ ,3,:: iPt,' .4i .1.� 'L.,. M`t„ 'fit h5. {,t„t L ., .,._ lIg=,• ., f' ,,5.:•".xa,.:"..._,,3.:�., 473889000000078XZ3Z29009045020001974000000000000394801{ r 5069 1 1 $.• ._ ...._ __Em==mammEm6. -- qt • 1.•, •'e9. 61' • t,,•••:!,,,..1.---„ 7.1! i,- ...., ..., , . • • . • • ''rie .1..,i • w ' .t`: - . 4.',16 1. t3 .4,,.,.„,As. ..,, , . . • ,•,-‘,.1,,,t):,'T,,_.4 .., . . . . ., ... ._ . . • • . ,.' refill M1 N. Y. DEED—Full Covouant TUTBLANX MIGISTENCO U5 PAT 011C( • . Tuttle Law Pnnt.Publi.slurrs.h'utlatAt.17. . . ' ' LIBER5411 2 PAGE3IO (L...1917,Chnp.Nil,Htututury Form • • . • '1! '• . . i 7.t. i 0 ; % • •,• ' • • •1 ; P. ...4 n r ti littrit, : 1 . • . ,.:..,; .. 1 • • . . kit. . ...,. .i. • • . Made the 7th day of October .i.i 1 ...,.. Nineteen Hundred and • 0..- ,,..1 • 4,- Sixty -three • .' •• .: ).0. ...,,, :4 • t.k. .. ,. . Ex . . . . - Cedric H. Wickham residing at Mattituck, Southold . Town, Suffolk County, New York 1,i• ' ' ..A. • . . • ,:,,,.. . • • ••• . . • • . . . • d,.• . . .. . , • • , -, . . • . • . • . , . • I • ' • .• ' - ' • • •• • . party . 'of the first part, and t.l. .,. . , . • . . - ..,' .. • ... . , • . ..:: Theodpra Kvamnik of 4050 Edson Avenue, Bronx66, •New York. t" ' ' • . 1 • '41..:,::,. • . ', . , ., • ..- — . • . , • • • • ;• . • _ . • - 1: : •t :' .• . , • • . • . • . , .. ., . . • -,. ., ,.. % • • • ' . *i' ; .. ..• • • ,., . . ' (i . • ' . . • 't9 , •1 I . . . • 4 f:';'....• ':. ' .' • , .• . • '7,i;.,,.; .! .• . part y of the second part, ... ‘1, „ ,..-54.- '. • iiitl aq Itl v..t 4 !,,that the party of the first part, in consideration of ... ., ., • ••. • ,1,,' . ' .. • v °be dollar and other considerations Dollar ;, . . ($1.00 ) lawful money of the United States, - r• l'-- ' ' • • '.:” • C' paid by the part y of the second part, 7 . I ., do hereby grant and release unto the part y of the second part, • . , • • ...„, .• his heirs and assigns forever, all that parcel of...land situate at •,- Laughing Water, near southold in Southold Town, Suffolk County, New ., . . q• • : • . • York, bounded and described as follows: , • • . . . Beginning at the intersection of the Easterly line of NokOvis Road and the Southerly line of HIRwathas Path and running along the Easterly line of Nbkomis Road 125 feet to a point, as the place of 1 ' beginning, thence North 84°211 East 110 feet to a point, thence South 5045t East 115 feet to a point, thence South 84°211 West 110 feet to . - a point in the Easterly line of Nokomis Road, thence North 5°451 West - • 115 feet by and along the Easterly line of NOkomis Road to the point , .%c.--' ".-1----‹ and place of beginning. • i,. . • . • 44 • Together with all rights, title and interest of the pary of the first .part, if any, in and to land lying within the bound of Noliomls. • . • Road, adjacent to the said premises to . the center line thereof. .. • • ' • ... —, .. , . • • - .. ' - ... . Togother with -all rights to the use of roadways end beach above ---. _ _. _.. . ........ .---s - . mean high water, jointly owned and used by all• Laughing Water property - .i; ., • owners. • • , . • • . • , _,,-, .,•; • Subject however, to all covenants and bestrictions of record. . . . • ' , . . , • . • • . . • . , . ' • • . — :': .'.- •,. • . . . !•1 , , • • • . ,_ . • .• • , • . 1 . . . . , I .:•:;•.!',r.,;. il • .i • • •• 1 rs .., . I 1 i • . • • 0— ' . •• • . , .• ' • ..;t.:,, ,,j1;.,: . t • , . . !. ' : ., , 1 t• . , , ''.',.,,:. '.1.' )',' t /, ': . 2 : .• . • • . ' • ' ' ,•• ,'..,:• , *: ,,i , , • 1 1.:. .., •,:•.r .„. .. • I .; , . -,„.,..y • • 1..' :• ,:" ,71';'.-•,.,:: c c , •,• .. (.. •7•.';,.'.'••• `! ' : : ;: •',... • , ,. , • •, • .. :', ''.,. . - -NI 1::114•-• ,v, • t•. I-.. !I t •7 t, '1.0,1,;. !;',:.ct....:.': • ...,•••• i .. • • • . . . . - . .. . ., . .ii Is 2:• •- • .1 '.:i: .; '..1.14.,V.:•:'; 1,.'••'• t.'• ' • ' .: -I.,'..1. .,.;: ,..J II. ! • : ' • , • ) . •.41''...;t 1 , • • • . - . - • • . . ..'•. ;I- . .- --.1..2--......-.1:_1_,A.__._i__61,.,._ • ,.,:.:-i_._,..L.L.,,,:.,01161.101,144 ,;.,•�Irtir ' moi•,,,•,:„..e ‘�4, .�.',, __�. __...-.� - -cna�ai;s%^.��"a;q,i�_ - _ `.i• .. .'r ., , .. ,. , .. .. .. Asion ,.lig) ,`, ' ":ti���ijii (.' 4.; Oth f' _'.?','i /ty,P + t:�' %`�"-�i��_+i�r pit`a`:ah 4 +�'(u�r Yf�y., ''{,r ,,wt'I d��.; 1 •' } / ! EEE •- ' i' ,'. , f�' ,`.,P:;*,;,lr1lIr,�. �i 'Ht , z.!1 , ),I .,...:4;;, t, ',.;+ 1 •+'a•��.y,'�d~ �rly.e,y1'�..•e.., '�� t`,ti.t: ,z.p; ,'1}R`'4.v. It 4z.: t�.:_.,• • fy, 'r'. -f't' t 1• ,'n ,I.tt'°: POti, T 1)f U 'u=t t1�: °- ' . t .� TUT BL ANX n�c,�',"� "'- " ,tr Ovr mut Tu1Ne'l:9w P-.-rnr P.:h.,,,,'; R,. , r is llAW.of 1917,Chap.MI.Htntuturs I•urn!.1' • ( py r ng b . . r... P1' ��i a D� lito 9. b t • r ,, ,Aflde the 20th day of k..:(...:ll Ait.'1' .t'ineteen hundred and . , Seventy • '3-1;tluttltn 11.I ro Cr, ' COW-IC 1l. '.ti 1Ctdhilul U1n.r'Li1.tUtu1Ch, Nen.% \i1',: , i t i Cl • �« , parr of the first part, and ! 'i•heouore NNIVasnik of Nokomis t . _ 1 - . ,,•_ _ SC rrte:'Ref.#- RI 0-02-01.2! ;' ' 0 . , ANY ALTERATIONrOR,ADDITIONiTQ:-THIS TSURVEY'IS'A :VIOLATION .. -• • The' locations ••rof wells and•'cesspools OF. SECTION.,72b9:-OF„THE NEWr'`YORK:STATE,.EDUCATIONLAW. sflown hereon are' 'from field 'obser,vallons t EXCEPT;AS;PER,SECTION'7209, -'(SUBDI1VISION-r2: ALL,OERTJFICA.TIONS - ' ° ' Qnd,or_:frOR7 da la (corn `others. - HEREONARE'VA,LIQ FOR THIS,MAP,IAND,COPIES,-THEREOF ONLY. IF_= :. -;;-� ; pA rf"I _ - - • • SAID MAP ORi'COPIES,BEAR,,THE,9MPRESSED,SEAL'OF.ATHE:SURVEYOR ;A/A TH�. _ I• . WHOSE-SIGNATURE APPEARS,HEREO,N.•.=', -- , - -HIA, `- . NOTE] ADPGTIONALLY�;TO.',CO?JPL=Y;�WITH-"SAID-L,A-W/TERM',=ALTERED;BY. '" ' ' - SUBSURFACE=SEWAGE 'DISPOSAL' MUST'BE,USED BY,ANY'`A,ND 44LL SURVEORS:.U,7IL`IZ/NG A COPY , SYSTEM DESIGN`_ OF-ANOTHER-;SURVEYGRS:TMAP. TERMS.SUCHRS/NSPECTF.D.'A'ND_ ' w BY' JOSEPH FISCHE.TTI,' P..E` ' - "'BROUGf%T TO —DATE'"'�tRE NOT IN COMPLIANCE_WITH THE LAW. o . HOBART ROAD ' • VACANT; ' _ „'`ti. • -, " = ' •i •o SOUTHOLD, !l,Y._1197/ = _ • OF' '4cARL$.. - , ' (63/1 765 --2954 • - _ r • ��c�� ' 4h rro.00. CMF - , int o P ,OQ p.E, I�� .o 'r e�91.7•, _ _ N:"'84;21,. ffi �' �, .r f frees : • 1 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION SCDFiS. Ref.# RI0-02-0121 )The locations of wells and cesspools - OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. shown hereon are. from field observations EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS �+ ��TH and or from data obtained from others. SAIDHEREON ARE VALID FOR THIS MAP OR COPIES BEAR THE MAP MPRESSED SEAL OF THE ONLY A rS n WHOSE SIGNATURE APPEARS HEREON. A A�H� I r N NOTES SUFFOLK COUNTY DEPART M NT OF HEALTH SERVICES ADP'TIONALLV TO COMPLY WITH SAID LAW TERM ' ALTERED BY ' SUBSURFACE SEWAGE DISPOSAL - MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY SYSTEM DESIGN PERMIT FOR APPROVAL OP CONSTRUCTION FOR A OF ANOTHER SURVEYGR'S MAP. TERMS SUCHRSINSPECT,E-D - AND w BY: JOSEPH FISCHETTI P.E. - BROUGHT - TO - DATE ' ARE NOT IN COMPLIANCE WITH THE LAW. oo HOBART ROAD SINGLE FAMILY RESIDENCE ONLY VACANT _ SOUTHOLD, N Y. II971 .-------. \ pF CARLN (63/) 765 - 2954 I N/O/F LAND v��CA0,0 DATel41)-1f c fit.. -E-. 10.YZ —° tat 110.QQ'at sit ada CMF r \ N- APPROVED ,` a I N. 84°21'00^ • E• �� �t �� e'r're sirImr er u.7 �R FOR h1FAY1t�1UM OF Li, BEDROOMS - � .. ,.. ,r or •r ,.ow . o f ;trees. .�P'R;~S THREE YEARS FROM PATE OF AP R41fAI" - . . • i% h ........�.,,_ el 0.5 - - IIV� • 1 well 1‘ : t Jam familigr: with. the STANDARDS FOR APPROVAL Z (nal u, >eiv�ce —? EXCAVATION INSPECTION REQUIRED lit o AND. CONSTRUCTION OF SUBSUACE SEWAGE O` -- SASH RY SYSTEM lit i e, TEST HOLE 'DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES / m and will abide by the condition T u' ... BY HEA TFI D.,. RTME'fIT lit � I ,o.� el,o p �•-. • r^ Brown loamy D c / ;t J sand SM -10 0 �{.yr✓e% / �t 0 Brown clayey2• _ ® I \i2( \ /0 — t - --,- - __-- sand O WELL SC • 4� D • '\ - - ;t Pale brown 6' SURVEY OF PROPER T Y pyo 4�/ive Ilk O line !o coarse AT SOUTHOLD u 0 RI ;12 • ' — -" it eG 3.� sand SW fi5' I•e TOWN OF SOUTHOLD ;U 1.9 } v.H.I , 7t I , Water !n pale • brown Ilne SUFFOLK . COUNTY N Y. 16 o.O ,'•-E1d� ; sand coarsesW 1000 - 78 - 03 - 29r � � / \, 1.P 1E II.. ST i ' y SCALE: 1" = 20' 'E•.I'.s ;! ° �l J3 FEB. 20, 2002 • �-. R _ ( � 1 I /I' m MAY 22, 2002 ( prop. Ise,., ) l! '. / �t P (11 _ JUNE /O, 2002 (c►rn s sewn septic system J 1 1 �t y. JULY 24, 2002 revision ,7?f ^� 38 ' t i 1 c-: CMF -Y 3 �t rn;_ -13 a ' !� - /°/-O/C1 �` 5 - - lit Cr;• i � -';IC' �� I fir_= 11 t �--I - 35 ' _ , Ise \\ ' Ill o vw t ril ,+ r--.1" ` /4 LjBpC'a°' max) Proles 2 -_._: � O i ✓' Tr G'' ry SI (� e///3 t F.F. .L OF \ .\ -\E Net, `" ` r, '� if ..:(1 • of frees r r �. r �� S'�' eoro�r of PROPOSED GRADE S N T. MF O - A if row . r A. ... F AT,ON 4�approved pipe �. i,n., • l�� /0). 04:. �# % - ei q.B r ... ... "' 1.1%. > r >r ar 110.00' I IE 10.1 re 9 a 1200 GAL. Ir 03-1 I ......4.2.)..i: g.,, �,>� �.� il/ i► ISEPTIC p approved 2 CESSPOOL '1 1,, t,11-'-'1.4� N. *;,EJC. NO. 49618 o< 'Pr lir lir ilir S. 84°21'00' fAi ". �, i 1 ,i�„°. °r��,.�, sand,' �_. 91 PROPOSED SEWAGE DISPOSAL SYSTEM 6 POOLS -,P, CEN cP of- ECO S,6JR►- !'ORS i. LAND OF V er l J3 =Qrop e/e��,�n ' p� sgpp s•COLLAR 1E00 GAL. PRECAST _ ,� ,.. °-5( Qa F; �C-31l 765 - 1797 LOBO coMC Ns TAIN sorrow of GALL, Pool CLUSTER (63I) - N/O �b/�� wof Poxs TO 6E Z GROUND WArFJr P. O. :W i -�r�:���1 rf. AREA w 1 /r0 sq. ft. °�W el/��� P ELEVATIONS ARE REFERENCED j CROSS SECTION - SEPTIC SYSTEM SOUTHOLD �� -EET TO AN ASSUMED DATUM. �. /, - -• ` , `. 11971 - Ili+iii..y4nr l-r.r.��rii..ry.. . .ice,. . . r C.P)•�—* C.P. ,1, '•,' ;b; ,• ' \ \ _� nn inn _ TOWN OF SOUTHOLD f111? BUILDING OTT APPLICATION CHECKLIST BUILDINIt DEPARTMENT ^ - Do you have or need the following,before applying? TOWN HALL Board of Health H A U SOUTHOLD,NY 1191)ISAPPRO r AL 3 sets of Building Plans R!kV- TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey RA.Ue- www. northfork.net/Southold/ PERMIT NO. Check mVe. Septic Form VI'(tu£ N.Y.S.D.E.C. hi A Trustees Examined ,20 Contact: 7U,,r,7,-:-VP-3,V77 � Approved ,20 Mail to: Do .. las (k, 115,141(14 Disapproved a/c 5/y3 L03 4L,_:...._ I ; Gt a : jib.) Phone: 6z) vas 9I1 g Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date 1 j1_5 , 2403 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit-shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. 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 necessary inspections. (Signa re .• plicant or name,if a corporation) 1196 NRAO w 1S Ra,Soot toL, M.V, t(CJ , (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ow1Ve.k . Name of owner of premises 'Ix.%on .1—a_( q.I..�' (kg on the tax roll or latest deed) Ifa plicant 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. . Location of land,on which proposed work will be done: liJcx,V) a_sSa S-i- So v-kirx.o U House Number Street Hamlet County Tax Map No. 1000 Section 78 Block 05 Lot Z I Subdivision 11j/!4 Filed Map No. (v/Fl Lot TO/ (Name) k . b 1 . 1 2. State existing use and occupancy f premises and intended use and occu- _;y of proposed construction: --- i a. Existing use and occupancy VAC A NT s 1 �a t1 � � ela b. Intended use and occupancy N,n4 tp G 3. Nature of work(check which applicable): New Building V Addition J Alteration Repair Removal Demolition Other Work Ae (Description) 4. Estimated Cost 1 Q p 0 d Fee ..c 3 3; ; (To be paid on filing this application) 5. If dwelling,number of dwelling units ' Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. (J 1t) 7. Dimensions of existing structures, if any: Front 0,A Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories fr t 8. Dimensions of entire new3construction: Front 4 $ Rear 2 S Depth A 8f Height 2rj 3% Number of Stories 2, 9. Size of lot: Front 1 a,5 Rear 1?G...55 Depth 110 10. Date of Purchase YYI f 0.CH 7, e.00D Name of Former Owner a p co SFS)4 U ,11. Zone or use district in which premises are situated hp'%eu\i.Um.- Cort SQX'VA-4-1 anTh 4- 12. Does proposed construction violate any zoning law, ordinance or regulation? YES VNO 13. Will lot be re-graded?YES NO /Will excess fill be removed from premises?YES NO 14.Names of Owner of premises Zenson �a.asso Address fH1?K locAcevtiiS PPhone No. 71 G 6 g,50 Name of Architect GAgglvi.rtli Address eve eat,8RcriaOE Phone No 603(73 6 9' Name of Contractor le,s6 K 1-civak Address till S )Ua ko wu,u. %Phone No. ?4,5-- 6 8-,56 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO_X__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF—( (10 Soso n 1 Qo CJk-4(" being duly sworn,deposes and says that(s)he is the applicant (Name of individual ng contract) above named, (S)He is the COvat'm-e.�or (Contractor, Agent, Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. JUNE E.SAYR Sworn to before me this, 1 Pao,State of New Yct 1 54:of j a JGc .. 20 03 No.4943505 Guallfied in Suffolk C _ Tommi Exolres3//o/cam _ Notary Public � i��:,'" e of Applicant NYSRPS ASSESSMENT INQUIRY , DATE : �''� , 473889 SOUTHOLD ' SCHOOL SOUTHOLD SCHOOL ROLL SEC .-.:CL-S 213 1 FAMILY RES - TOTAL RES SI1 78 • -3-49 TOTAL COM SIT 730 WABASSO ST ACCT NO = OWNER & MAILING INFO === I =MISC I ASSESSMENT DATA BURNS KENNETH M III & IRS-SS I **CURRENT** RES PERCENT LISA A I 1 ( LAND 500 **TAXABLE** 350 WABASSO ST I BANK ITOTAL 5,400 COUNTY SOUTHOLD NY 11971 0117312 **PRIOR** TOWN I ILAND 500 SCHOOL 5; I ITOTAL 5,400 ==DIMENSIONS --- I SALES INFORMATION ACRES . 31 IBOOK 12038 SALE DATE 04/19/00 SALE PRICE 50,0 ( PAGE 390 PR OWNER ANTONISON EDNA & ORS TOTAL EXEMPTIONS 1 I TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 41854 960 02 IFD028 IPK070 IWW020 ISW011 1 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75 . 10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU U-Q-c*-Q_04- ` co( - OFFICIAL USE ONLY TAGGART, J. (D. PENNY) 5389 VO MERGER DETERMINATION 815 WABASSO RD, SHLD 78-3-28&29 Checklist for new projects: V CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY 1"- LABEL: INCLUDE NAME, AGENT, TM#, ZBA#, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS MAILINGS: INCLUDE COVER LTR, SIGN, AFF OF MLG, AFF OF SIGN V PSTG, CHAP 58, LEGAL NOTICE - COPY OF CVR LTR, SIGN, LEGAL NOTICE IN FOLDER RT SIDE ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON RT SIDE OF FOLDER CTY TAX MAP 8 CPES — 2 W/NEIGHBORS CIRCLED AND #'S WRITTEN (1 \/ FOR APPL & 1 FOR FILE TO BE STAPLED TO RT INSIDE FOLDER) INDEX CARD — MAKE NEW OR ATTACH OLD IF PRIOR RESEARCH PRIORS — INDEX CARDS, LASERFICHE, ALPHA— 6 CPES OF DEC. - CPE CARD, STAPLE TO INSIDE RT SIDE IN FLDR 1/ INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE UPDATED: NEW INFORMATION: n-p.07,0 .Q A+ PO I\M Q �� ,0 a d..,' fvo knoor),6 cfb °� �( u3 Na �� , Cie r,1 S. p, cgOp 61 .Li c ZONING BOARD OF APPEALS TOWN OF SOUTHOLD STATE OF NEW YORK -x In the Matter of the Application of Jason Taggart(#5389) AFFIDAVIT OF SIGN POSTING • CTM#1000-78-3-28 and 29 x I,Jason Taggart,residing at 1145 Nakomis Road,Southold,New York,being duly sworn, depose and say that: On the day of September, 2003, I personally placed the Town's official poster, with the date of hearing and nature of my application noted thereon, securely upon my property located ten (10) feet or closer from the street or right of way (driveway entrance) facing the street or facing each street or right of way entrance; and that I hereby confirm that the poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be September 25, 2003. 4110, ' .•J- on Taggar 4/ Sworn to before me this / 1-day of September,2003. /r✓ ,4 • No•:ry Public PATRICIA CORWIN Notary Public,State of New York No.01C05017852 Qualified in Suffolk County ✓ Commission Expires Sept 13, , U.S. Pc)r"— ServiceTM A p CERT\.._._2D MAI CTM f ECEIPT 4-9 .0 (Domestic Mail Only;No Insurance Coverage Provided), r9 For delivery information visit our website at www.usps.com® -B r"s? ' C ' L '` E MI ,, ; • ---4 z .r.• Postage $ ! ��I' `$946 fl Certified Fee 1111111111111 a ReturnReciept Fee " Pose;, ; H' " (Endorsement Required) Z Restricted Delivery Fee ',.P r9 (Endorsement Required) \,-.0 Cle .%V UIQ NI fU Total Postage&Fees IIMIE49 !'.;- `U O Sent To CI McCt-fluff- f f- .TDA COC,4V eTD N Street Apt.No.; �t ^ C� or PO Box No. (f' )c y cam'!`c2 e City State ZIP+4 PS Form 3800,June 2002 - u See Reverse for Instructions U.S. Pow'' ServiceTM a CERTL,-..2D MAILTM RECEIPT - f- (Domestic Mail Only;No Insurance Coverage Provided), rR For delivery information visit our website at www.usps.come !ti m MIN.. IEMINEIMIEMI. :,,a1 c,q Postage EillnliLIMIT .' .' 6 cm Certified Fee .0 aReturn Reciept Fee 34 (Endorsement Required) = Restricted Delivery Fee A r9 (Endorsement Required) - CIe `' fir' t14 Ili Total Postage&Fees $ 4.42 09/03/03 :ru Sent To 0-7So 10 t A G6, -2-7 .^ Street Apt.No.; or PO Box No. ((lb J r .AJ,.4(jD ilk C, p®A-C> City,State, t> N ( (97( PS Form 3800,June 2002 See.Reverse for Instructions U.S. Po'-�ServiceTM .r mCERTII-.dD MAILTM RECEIPT S' (Domestic Mail Only;No Insurance Coverage Provided). rR For delivery information visitsiour website at www.usps.como ..D O [ F r i..+' d -, L l� C,.::3 cU Postage `i f v IT I i B\, = Certified Fee .p Return Reciept Fee 1 Pere ostma (Endorsement Required) Restricted Delivery Fee E ".tr9 (Endorsement Required) Ierk: P.4=G" 41J Total Postage&Fees 's 0 f ('3 'u I Sent To - L U,a 0 v - Threat,Apt.No.; or PO Box No. i as c )vA(<OM(S t2 ) C'" -6' ii-n91v c-D N ( N 7 ( PS Form 3800,June 2002 See Reverse for Instructions U.S. Pe Service,.- a ti CERT1,-IdD MAILTMRECEIPT ° co (Domestic Mail Only;No Insurance Coverage Provided? 4-9 For delivery information visit our website at www.usps.comv ..n S U. vU1.i�16c>1 L USE `a Postage $ a _y .V '•!+l: 4946 4-9 Certified Fee 'r e9j_ Q .‘sti. Return Rodent Fee P He (Endorsement Required) .1. 5 O Restricted DeliveryFee rl (Endorsement Required) G G1el G`'!,. Total Postage&Fees $ 4.42 �._� *r .,E . ru p Sent To L(s.�i . g U2�t1s o PO Box No. 35() IA 4 gR-$ S o STyze e-7/ ' ' City,state,ZIP+4 cDvT1mtU Xc 1C571 PS Form 3800,June 2002 u See Reverse for Instructions U.S. P( ' ServiceTM 1-9 CERTi,-. D MAILTM RECEIPT in co (Domestic Mail Only;No Insurance Coverage Provided) r9 For delivery information visit our website at www.usps.com® -0Q)1 � • D [JAL U S E m .. : :, 4.3 Postage ira Certified Fee 11=11111.1 rPME \I •e no Postma'�iL ▪ Return Reciept Fee Here N ▪ (Endorsement Required) , Restricted Delivery Fee 1'9 (Endorsement Required) =ME lark:, IN = v :1.1 EIMERTotal Postage&Fees \A�Q , 9+Q�� fU Q Sent To Et) HA2 \-7. Ft.AZt< Street,Apt.No.; or PO Box No. UiO Sr1'N/4BASS0 Poi5o1''/ T (9 City,State,ztw a So u �, tete l CF?1 PS Form 3800,June 2002 See Reverse for Instructions U.S. Pr—1 ServiceTM 143 CERTI,- D MAILTM RECEIPT .0 (Domestic Mail Only;No Insurance Coverage Provided) r9 For delivery information visit our website at www.usps.coma � �F O F C LA I LD 3 m co Postage q1111 • ? $946 r9 Certified Fee e9 U. fli ; Her Pos Return t Fee Z (Endorsementt Required) C:1 Restricted Delivery Fee r9 (Endorsement Required) WWII Cie A A Total Postage&Fees IMIIIPE :ii 0 1 fit)' Z Sent To ti ,<{-V-FLJ tilavC( f:Lf 74CiSr-ee or Pet No.; t /)T,4 or PO Box No. /2(O 1—�1 A(�//�'�-f�}S /' City,State,ZIP+4 '5� ,-1-1-14-1)c...0 e tic C(q7 I PS Form 3800,June 2002 See Reverse for Instructions ,01 1, /I I L .1 1 co D. . estic Mail .nly;No Ins 'n e Coy- a•e g rl For delivery information visit our website at,www.usps.coms O D Postage Y Jj 1-1 c i 46 mimmomill 4-1 aitiffa C:1 Certified Fee 1-__Rstept Fee .•I�. ®1 PHer‹ (Endorsement Required) -‹ 1] Restricted Delivery Fee i ra (Endorsement Required) , Clerk: ,�C!+I;3:A 41. Total Postage&Fees ru rillir �'�aQ3�t 411 Nim Sent To '® /44-11-261eGt.- RUC 6C-s WP Street,Apt.No.; or PO Box No./75-0 o/}-''d yl r C AD Ai) Cdy,State,ZIP+4 (r`7?( M!�I!AM.iM rib�'/14^7 GII'WIR TT","1"91!''i I 4. t' ,a it iii l I 111 .: i 111 --:1-4Z1•34:• •u- E THIS SE.?ION ICK•luf:31►*r4ral:1411r[•��00141411P14 ge - • Complete items 1,2,and 3.Also complete ' ' ' � item 4•if Restricted Delivery is desired. ' Y N 0 Age�1t • Print your name and address on the reverse __�4.�1 A 0 Add ssee so that we can return the card to;you. t�e d , (-nnt:d - le) Q i G`r of D-ivory ■ Attach this card to the back of the mailpiece, or ori the front if space permits. ', a 0 ' D. Is delivery address\flifferp-:fro n i em'f? es 1. Article Addressed to: i' ryW-t1 el If YES,enter delive ,add s be oW �0 No vid (ZZs Al (c°'.t(s kP 3. Service Type 1 U�j / ❑Certified Mail CI Express Mail e ��� �`�( �� r 1 0 Registered 0 Return Receipt for Merchandise I, 0 Insured Mail 0 C.O.D. t i 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number _ 7002 2410 0001 8367 1930 (Transfer from service label) I• r L,_;'i.t•. ., e t,t 1.-,.- ., :° a -- u PS Form 3811,August 2001 Domestic Return Receipt'''" lilt I 1 lit I -102595-02-M-1540 UNITED STATES POSTAL SERVICE ' First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CCS 6( -S + ),)1 (0 MLc P4 6(2 , '8Ays, Cc/ ft11111t1I11i1���1►.1,1f���,11���11��+111u1�111�llIl�nlul�l - ID ': COMPLETE THIS SECTION COMPLET HIS SECTION•N D L ' • Complete items 1,2,and 3.Also complete A. Signar / / item 4 if Restricted Delivery is desired. '� ❑Agent • Print your name and address on the reverse 0 Addressee - so that we can return the card to you. B. Received by(Pnn Name) , C Date of Delivery a Attach this card to the back of the mailpiece, or ori the front if space permits. �9 - C./ I//74e D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No A«LiAa. .70114 COLit0i© ?AAk Q /ft Ar y s 4ee i SEP ---i te ; L✓I C-E_.c 5�ki et -- 3 ice o L�l rf �y LIVCe a/lail 0 Express Mail ,S egis red 0 Return Receipt for Merchandise / //�(�� red Mail 0 C O.D. ( ( r ',, 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2 410 0001 8367 1817 (ransfertfrom service label) r , PS Form 3811,August 2001 '. Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail WiLLASTON PITA MY YORK 1111 Postage&Fees Paid USPS .{ a ��,ry� Permit No.G-10 11,�v(``a>�y0 • Sender: Please print your name, address, and ZIP+4 in this box • 6 0 pemt„jr I I I I111!IIll III![I111!l I1111,11113,1!Il I I I I 111111 1111111 III 01,5M-Z0-569z01. . , ,, 1 , , 1,Sldiaoau wnlaa ogsawop , , , , , ,1.003 isn611y'G 1-86 wao3 Sd Q h Q 2 2.6129 2 2 2 2 0 2 h 2 2002. i '(dqe/eorAvas wwoj;Jajsuejj) JegwnN epo!NV '3 SBA p 1 (eed w x )LJCJangaa peloulsaa 17 'COD 0 pew pamsul Er esipusgaJaw Jo;ldlaoaa uJnlea ❑ peJelsl6ea 0 RN ssaidx3 0 pew pa i2Ja3 0 / 4. b 7 9 • (1 ed aoinJag g h 1Y 1 CO"'C�c1� -C,,,, LK-1-4.16/ s41 - ,rya ° ''-1 oN 0 :Molaq ssaJppe 1Jenlpp Jelue'S3A II :ol passe-IPPV e13I3-IV '4 SW%p LL wall WOJ;waJagip ssaJppe Nangap et •p 0_1..1—S -T-0\� r-11 1 •sllwied coeds;l luoJ;NI uo Jo 'eoeidllew NI lo'pug eq of pieo slyl'pew ■ p AJGAl ; else •a (euJeN pejuud) (q paniaoaa g •noA of pJeo NI LurneJ ueo enn leyl os eassaJpw El sJeAO all uo ssaJppe pus eu eu Jnoi(1.41d it lua6V X_ ry,_e'• •paJlsep sl Aiengaa peloulsaa;l•q wall eJnl u6s •y alaldwoo oslV•g pus'Z'1.swab eleldwop ■ la=/JIYbGIJelliell(oxg•Ns11:I1RIPIII-PTIO? , • /rPLkAt:k ai&iC ff UNITED STATES POSTAL SERVICE J First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • . 00t/C -5 ?&�NAy to Mc(c r?eiCC C-(A-44 pry I ' e� s< 14'`y r1LfC, I„,li11111111,,,i„I,ill,,,lii„Ii,P,III„1,I,,,IIl1,,,I„I,1 . - 1 J ' COMPLETE THIS SECTION Mr" • Complete items 1,2,and 3.Also complete A. Si,-- u - item 4;f Restricted Delivery is desired. 44 /�;.4 ❑Agent ■ Print your name and address on the reverse X ! .._ 0 Addressee so that we can return the card to you. B. R give Pnnte Na" e) -57-6*te of Delivery ■ Attach this card to the back of the mailpiece, •moi'I v r or orxhe front if space permits. e�'—,e.",,.,,t '� D. Is delivery addres�®different from item 1? �❑,Yes 1 Article Addressed to: If YES,enter delfveryiaddress be w�On, i No 6.0lva-?-0 ,.%. 5s1/4(e SSP 1 ca Gtl�1-&/rss,) a z, -,..-/ y ,‘ _. n p 3. Service Type �"" r 0 Certified Mail 0 Express Mail �p ❑ Registered 0 Return Receipt for Merchandise '7t 5v V —1), 'C/ of? , 0 Insured Mail 0 C O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number I 7002 2410 0001 8367 1831 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 1 1- UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • I 0Lic, `--041-s P °V1 to A4 c (2/4ct Clv,4 I!flli!!lIIII1!!'.iIIIIIfIII!!IiIIIII IIIIIIIIIIIIIIIIIIIIIIilili : 0 MP THIS SECTION COMPLETE THIS S t A •A 1 II Complete items _,and 3.Also complete A S nate.,,;_ item 4 if Restricted Delivery is desired. Il fin/L�/ a;47:;'x'_:',,❑Agent I Print your name and address on the reverse X�i( V ,c1fm� ' _!�3`;C-7 Addressee so that we can return the card to you. B 0 Received by"(Pnnted Name) C.Date of Delivery ■ Attach this card to the back of the mailpiece, ior on.the front if space permits. SEP g a !�l 1. Article Addressed to D. Is deliverkldress different from ite `f?' ❑ `es If YES,enter deliveryyaddress beloy: o CO F- e ` Ak i C t-iera.-R U cezo 4- �f•Vie, C� Zi: /OM-/aAi(s 11- V 6^0--� 3z-Dt Lj' Com' 3. Service Type / 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise C(r 7/ 0 Insured Mail ❑C.0 D.• 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2410 0001 8367 1800 (Transfer from serncellab L PS Form 3811,August 2001 .Domestic Return Receipt 102595-02-M-1540 t t ttt y .4 ; t ,t,t UNITED STATES POSTAI SERVICE '--""Class Mail age&Fees Paid S Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CD,o C- '-p-5 Pu y (0 k4 A i4 0--e 4-714 ,0214 5'/- A7 11andltriminidinidinins.ld.A.LAHa 1.1,1 1 ` 5 '.: COMPLETE THIS SECTION - COMPLETE THIS SECTION ON DE I ■ Complete items 1,2,and 3.Also complete A. Signature .: . r�as;r: item 4 if Restricted Delivery is'desired. X r-� ,ii. 31q 'A�gent ■ Print your name and address on the reverse- -- • ;%, , D,Addressee so that we can return the card to you. B. ceived by(P 40././-. d Name) C. Date of Dllivery la Attach this card to the back of the mailpiece, ` f1 I 9 or on the front if space permits. .S®1 F 0`,�' 4 i if l ) D. Is delivery addCess d7-4--n1 from item 1/? • Yes/ 1. Article Addressed to: If YES,enter deli ery address 0 Nd E.,e_, below '^. R' ( c AJA(40 ( s ('--i) 3. Service Type $6 u,4-0 a -- ❑Certified Mail 0 Express Mail �, C y 0 Registered 0 Return Receipt for Merchandise ( (9 ' 0 Insured Mail 0 C.O.D? _ 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number I 7002 2410 0001 8367 1794 (Transfer from service label) ; , , , , — - PS Form 3811, August'2001 Domestic Return ReceIp3 102595-02-M-1540 1 11 11 I UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 00Gc� S Pel-\ 7 A- P�t36eqSl Jr 1,„11,,,II1,I„,t„loll„„I1,x,11,,,1,1„I,1,,,I111,,,1„l,1 .A 4 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD STATE OF NEW YORK ------- -- In the Matter of the Application of • Jason Taggart(#5389) AFFIDAVIT OF MAILING CTM#1000-78-3-28 and 29 --- x • I,Douglas R. Penny,residing at 10 Mill Race,Hampton Bays,New York,being duly sworn, depose and say that On the 3rd day of September, 2003, I personally mailed at the United States Post Office in Hampton Bays, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Town of Southold Assessor 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. Douglas R. Penny Sworn to before me this Id°ay of September,2003. DIANE M.CARPENTER Notary PuNbllic,9t�atte of New York p Qualified in Suffolk County F1CU_n_ 4"' Commission Expires March 19,20 Notary Public ZONING BOARD OF APPEALS TOWN OF SOUTHOLD STATE OF NEW YORK • -------------- --- ------------x In the Matter of the Application of • Jason Taggart(#5389) AFFIDAVIT OF SIGN POSTING CTM#1000-78-3-28 and 29 x I,Jason Taggart,residing at 1145 Nakomis Road,Southold,New York,being duly sworn, depose and say that On the la day of September, 2003, I personally placed the Town's official poster, with the date of hearing and nature of my application noted thereon, securely upon my property located ten (10) feet or closer from the street or right of way (driveway entrance) facing the street or facing each street or right of way entrance; and that I hereby confirm that the poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date-was shown to be September 25, 2003. /son Taggar Sworn to before me this i--day of September,2003. No Public PATRICIA PATRICIA CORWIN Notary Public,State of New York No.01C05017852 Qualified in Suffolk County Commission Expires Sept.13, J OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 August 25,2003 Re: Chapter 58— Public Notice for Thursday, September 25, 2003 Hearing(s) 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 Long Island Traveler-Watchman newspaper. 1) Between September 1st and September 8th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks or right-of-way that borders your property (please see revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before September 15th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the sign should remain up until the day of the hearing. 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.) If you need a replacement poster, please contact us. 3) Before September 15th, 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 September 18th, please file your Affidavit of Posting with our department to show proof that the sign has been posted at least seven (7) days. 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 APPEALS BOARD MEMBERS ��e®SU�FO[,r� ,'�i��0�' ®Gy�; Southold Town Hall Lydia A.Tortora, Chairwoman •® < % 53095 Main Road Gerard P. Goehringer ; " _ ; P.O. Box 1179 George Horning ;O .F��/ Southold,New York 11971-0959 Ruth D. Oliva ='�* ' ��0* / ZBA Fax (631)765-9064 Vincent Orlando _ ,�''� Telephone(631)765-1809 •� ""''�� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 2, 2003 Douglas Penny, Esq. 10 Mill Race Hampton Bays,NY 11946 Dear Mr. Penny: Attached,please find the two (2) additional neighbors that require notification. Please also accept my most sincere apologies for this oversight. Thank you. Yours truly, Jessica Boger ZBA Clerk Enc. WATHA S PATH HIA f//A WA THA ,S PATH N.. OF CARLSFN LAND w W • N/O/F o t 410.00' ` IN. 84'2('00. E. 110.00' 1�` cif HOLE 1 .• 84•,11`DO" E. r sp y x it'.I VI ;' x !f Brown loamy LF•♦ 1 iv �• - N �r�� �� x,.X sr S �f sand OF !F cn SM 1 0 LA sri sr ►,,,.• M Row TRE Q' z O rfr 0 Cni§ Brown 1 �' i n- �'`"�- _ 78 - 03 - 29 le LA sandy SC �� 1 o ► 100 13,750 sq.ft. SI p Pale brown L �-; ace ff m sand costa !F 6.5' D !F CI) si O Water In brown Oa REL !F Medio coarse Z STY. _ if FRAME SW HOUSE if /3' ti.. COMB• !f b pATw !F • 0. 4 'f ilt0 T.H. !f RET; WALL St Si r� T S` '-1 J CP. _ SA 0 D -- -- -- -- / o V �f m rj 03 28 38 ' if 1000 _ 78 - o in 12,650 sq' ft. cur /°i �' __ �3..•.....�-.._.. �P o i i h s e oo t o ' �5 110.00 o �o .__ st o. - w 11 S.S. 84'21'00" W. . . ^ 0 la t c • 1!� if C) Vt if ROW OF TREES o, r vir sr sr r 0' , e. f -- �Y �I IIO.O • sr lI-- -' sialw " or S. 84'21'00" W D OF LUSOV . N/OF LAN • SURVEY OF PROPERTIES AT SOUTHOLD o� TOWN OF SOUTHOL D _ K .::,, w f x.,_ 1 SUFFOLK COUNTY, NY. JUN 1 0 2003 1000 - 78 03 28 TOTAL AREA = 2 ,400 sq. ft 1000 - 78 - 03 - 29 , SCALE: 1" = 20' ,rig!€vc �,R 1,�� t MAY 22, 2002NEW ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION �Q�. YO OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. �Iv. ti,MEr,e,, ,i EXCEPT AS PER.SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS V HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF oT 1 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR , iso WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW TERM 'ALTERED BY ' j / � : MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY • 4 I � '' .S. LIC. N0. 49618 OF ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED '.AND. e ,6U1,1 3'";' ',, P C BROUGHT - TO - DATE ARE NOT IN COMPLIANCE WITH THE LAW. (6 " Ply : `AX (631) 765 - 1797 P. O. '4'0 • 1230 TRA FELER STREET • SOUTHOLD, N.Y. 1/971 _ 02 - 122