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90o tinc,.,._ v gla 7S Cook ors 1-1 sue P4 - `Tz:..ec CO 1' , o rA - •F Y o n f- Ard t)di-41 S 13= app'c@ a.4atip0 as638 &ArkA.1/4,.-«- armns. ,�.r. ter•.z 9i3 ,La,b Jam' - af'9 vild, ,. it El ,Q S-/a -c.r 4• r • APPEALS BOARD MEMBERS / 0$ Sours Southold Town Hall Ruth D. Oliva.Chairwoman tdt�� 4 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer Ai * , Southold,NY 11971-0959 Vincent Orlando • en 4,c Office Location: James Dinizio, Jr. S ..�$ Town Annex/First Floor,North Fork Bank Michael A. Simon IYCOUNT ►�ttt 54375 Main yR�oad(at Youngs Avenue) ���... „a's� Sou lRold,NYD97 0 http://southoldtown.northfork.net BOARD OF APPEALS I ' vvl TOWN OF SOUTHOLD JUL 2 1 2005 Tel. (631)765-1809• Fax(631) 765-9064O���� S old Town e FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 ZB File No. 5638— DONNA COOK Location: 6900 Main Bayview Road (a/k/a 25 Private Road #12 or Windy Point Lane), Southold County Tax Map Reference: 1000-78-6-9.2 and 9.3 (includes 8, 9, 8.2, 9.1 on old tax map records). PROPERTY FACTS/DESCRIPTION: The applicant's property, as exists, is nonconforming and consists of a combined, total land area of 20,896 square feet, identified on the current County Tax Maps as 9.2 and 9.3, at Section 78, Block 06. The applicant's property is improved with a single- family dwelling and an accessory two-car garage. BASIS OF APPLICATION: This application is based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004 stating that County Tax Map Parcel Numbers 9.2 and 9.3 (formerly 8 and 9) have been merged 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." CODE REQUIREMENT: The property is located in the R-40 Low-Density Residential Zone District, and the Code requires a minimum of 40,000 square feet of lot size. APPLICANT'S REQUESTS: In the applications submitted in November 2004, the following were requested: A) a Waiver under Section 100-26 for two lots, claimed to be merged, requesting two lots each with an area of less than 40,000 square feet; B) also requested are Variances under Section 100-32, if the Waiver is granted above, for a change in the location of the dividing lot line for two different land sizes. Both as re-divided will also not conform to the minimum 40,000 sq. ft. lot size requirements of the codes. The applicant originally requested approval for a further reduction of the nonconformities for reduced sizes in a lot-line proposal of 10,448 square feet (proposed Lot 1) and 10,448 square feet (proposed Lot 2). C) amended request: During the May 4, 2005 public hearing, the applicant confirmed her request to withdraw the requested Variances and the proposed lot line change, authorizing the Pepe 2-May 12, 2005 • Appl. No. 5638-Donna Cooke CTM 78-6-9.2 and 9.3 (combined area) Board to continue only with the Lot Waiver application requested (noted in 'A' above). This amended request is for a lot-size reduction to allow 7,500 square feet for proposed Parcel 1, separate from the remaining 13,396+- square feet for proposed Parcel 2, shown on the June 17, 2004 survey prepared by Hands-On-Surveying. The applicant's indicated that the amended application would not involve the garage since it may be re-located or otherwise proposed to conform without the need for a variance. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 20, 2005 (no appearances by applicant), March 31, 2005 (no appearances by applicant), and May 4, 2005, 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 fads 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 unmerae property is not consistent with lots in the neighborhood. The applicant desires to create two separate lots based on information that she was being taxed as though she had separate parcels with separate deeds. The applicant desires to create one lot with 7,500 square feet and a second lot area with 13,396+- square feet. In close vicinity of the applicant's property are lots of larger sizes than the applicant's proposed 7,500 sq. ft. lot: CTM 1 as a 15,300 sq. ft. lot; CTM 2 and 3.1 merged as a single 24,300+- sq. ft. lot; CTM 12 as a 20,000+- sq. ft. lot; CTM 4.1 as a 15,000+-sq. ft. lot; CTM 11 as a 15,000 sq. ft. lot. 2. Proof was not submitted to show that a waiver will avoid an economic hardship. The property, deeded October 7, 1994 to Donna Cook, is shown as a described parcel with dimensions of 60 feet by 350 feet, and was recorded at Liber 11698 page 616. This 21,000 sq. ft. lot has been and continues to be in the same ownership, instead of two single and separate lots under zoning. A Correction Deed was prepared January 18, 1997 and recorded at Liber 11816 page 514, describing this 60 by 350 ft. lot). Dating back to the November 1953 deed to David McConnell, no information was found to show separate property descriptions or other deeds to change the sizes to any other dimensions, and the property remains on the deeds as a 60 ft. by 350 ft. parcel. The record does not demonstrate proof that there were good faith intentions by the applicant, or predecessors in title, since the enactment of zoning in 1957, to separate or maintain the properties as two lots. An accessory garage with asphalt patio exists and has been used by the owner incidental to her residence in the existing dwelling, and the garage is located in the yard area where the applicant now proposes a division line for two lots. I?-age 3—May 12, 2005411 Appl. No. 5638—Donna Cook. CTM 78-6-9.2 and 9.3 (combined area) During 2002 the applicant applied for a building permit to construct additions to the existing dwelling. The building permit application correctly noted the dimensions of this property, 60 feet by 350 feet. There also was no proof demonstrated to show the value of the entire 20,896 sq. ft. lot creates an economic loss, except for submission and reference to copies of the 2001-2, 2002-3, 2003-4 property tax bills to show tax levies for this land (CTM 78-6-9.2 and 9.3). There is no proof demonstrated in the record to show that the southerly portion of the applicant's property was created by deed as a separate lot. The entire lot was used for purposes incidental to the existing building occupied as a single-family dwelling. 3. No evidence was submitted by applicant with regard to environmental impacts and potential effects under Section 100-26A(4). Wetlands are located in close vicinity, south east of the applicant's property as well as to the west adjacent to the private Road (Windy Point Lane), from estuaries of Corey Creek and Peconic Bay. The Board is not willing to create new lots from the applicant's 21,000+- square foot single lot. A lot waiver under Section 100-26 is also not a procedure that replaces Chapter 106 of the Town's subdivision procedures and regulations. Other nearby properties would be required to follow a subdivision procedure and would not be eligible for a Lot Waiver. Grant of a second new lot is not possible without supporting applications and environmental information for review and compliance with Chapters 100 and 106 (Zoning and Subdivision Regulations) Town Code. Noncompliance with the requirements of the subdivision regulations for low density in this R-40 Low- Density Residential Zone District would cause an increase in the number of nonconforming lots, increase in the number of dwellings on nonconforming lots, increased traffic, increased water, sanitary demands, and other related environmental effects. To create an additional lot for the applicant would not only create lot size nonconformities, but other nonconformities would be a necessity to meet the codes for maximum building size and lot coverage, setbacks to street lines and adjacent lot lines, sanitary system designs, roof water runoff drainage, and other elements with designing and planning a new home and related utilities. One of the lots will be substantially smaller at 7,500+- square feet, and the other only 13,396+- square feet, instead of the code required 40,000 square feet for each in this R-40 Low-Density Residential Zone District. 4. Change in the present grade, affecting the natural contours and slope of the land. On personal knowledge clay soils require additional fill to meet sanitary system requirements, and retaining walls for the additional fill is a common design in the Town of Southold for clay soils, depending on the elevation of the land and contour above mean sea level. This design is required to be certified by a professional engineer (for retaining walls, certain types of gravel and fill to be brought to the site and contained, changes to build a final grade which will be different than the existing natural contours and slopes of lands abutting and near this property. Discussions during the public hearing indicated that an engineer's certified design for a new, second sanitary system for a proposed second home was not available. To create an additional lot would not only create new lot size nonconformities, but other nonconformities would need to meet the code requirements, such as building setbacks, lot coverage, sanitary system designs, roof water runoff drainage, and other elements with designing , , Page 4—May 12, 2005 • Appl. No. 5638—Donna Cook./ CTM 78-6-9.2 and 9.3 (combined area) and planning a new home and related utilities. One of the lots will be substantially smaller at 7,500+- square feet, and the other only 13,396+- square feet, instead of the code required 40,000 square feet for each in this R-40 Low-Density Residential Zone District. RESOLUTION/ACTION: On motion by Member Oliva, seconded by Member Dinizio, it was RESOLVED, to DENY the applicant's request for a waiver for a second lot, as applied for. VOTE OF THE BOARD: AYES: Membliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) Thislat,olution rks dye opted (4-0). RUTH D. OLIVA, CHAIRWOMAN 7/-7! /05 Approved for Filing LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, MAY 4, 2005 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 Wednesday, May 4, 2005, at the time noted below (or as soon thereafter as possible): 10:50 AM DONNA COOK #5638. Location of Property: 25 and 425 Private Road #12 (also known as Windy Point Lane), Southold. Based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004, the applicant requests: A) a lot waiver under Section 100-26 to unmerge properties referred to as CTM 1000-78-6-9.2 and 9.3; B) variances under Section 100-32 for a reduction of CTM 1000-78-6-9.3 from 14,984+- sq. ft. to 13,500+- sq. ft., and increase of CTM 1000-78-6-9.2 from 6,098 sq. ft. to 7,500+- sq. ft., resulting from a proposed lot line change in this R-40 Zone District (in the event the Waiver to unmerge is granted), 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: April 11, 2005. Ruth D. Oliva, Chairwoman Board of Appeals FORM NO. 3 TOWN OF SOUTHOLD Rf C t 4 SD APR BUILDING DEPARTMENT 1 8 2005 SOUTHOLD,N.Y. G 8°4"OF.W NOTICE OF DISAPPROVAL Ats DATE: August 27, 2004 RENEWED/AMENDED: April 18, 2005 TO: Donna Cook 6900 Main Bayview Road Southold,NY 11971 Please take notice that your application dated August 23, 2004 For a permit for a waiver of merger and lot line change at Location of property 25 &425 Private Road#12, Southold,NY County Tax Map No. 1000 - Section 78 Block 6 Lot 9.2 & 9.3 Is returned herewith and disapproved on the following grounds: The subject lot (78-6-9.2)has merged with adiacent lot to the southwest(SCTM# 1000- 78-6-9.3) pursuant to Article II Section 100-25,which states; Mer'er. A nonconformin. lot shall men ewith anad'acentconformin. ornonconformin. lit which has been h-Id in common ownershi. with the first lot at an time after Jul 1 1983. An ad'acent lot is one which abuts with the .arcel for a common course of lift 50 feet or more in dist. cc. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Furthermore, the applicant proposes a lot line change, once the lots are unmerged. The proposed lot line change is not permitted pursuant to Article III, Section 100-32,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC. R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet. Parcel 1 (78-6-9.2), currently measures 6,09$ square feet in total size and is improved with a dwelling. Parcel 2 (78-6-9.3), currently measures 14,984 square feet in total size, and is improved with a frame garage. Following the proposed lot line change, Parcel 1 will measure 9,000 square feet in total size, parcel 2 will measure 12,000 square feet in total size and the garage will now be located in a conforming location in the rear yard. This Notice of Disapproval was amended on April 18,2005, after changes were made to the proposed survey. • i a a Authoriz tignature Note to Applicant: Any change or deviation to the above referencedapplication may require further review by the Southold Town Building Department. CC: file, Z.B.A. . • 111 !,v . r 4. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:$ S5 V Filed By:1�0AN1 loo IL Date Assigned/Assignment No. _c43 d�j Office Notes: (No, e tUQ.1.Wn) 14'0d tsta -1 t/git,. Parcel Location: House� No. Street Strut Yr I L/ 12, �`l . J Hamlet SD UI//6o kJ SCTM 1000 Section /D Block IQ Lot(s)94-5 Lot Size Zone District 7' o _ I (WE) APPEAL T WRITTE DETE t ATION OF T TAMING SPECTOR DATED: ��]—D 0t-s^" it to�0t t Applicant/Owner(s): b1010/V4' Coo k MAddress:ailing (Q900 /IACW) BeLl.j v l €fn' Rd �J/ Telephone: /(Q5-` a qa NOTE: If applicant Is not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: XApplicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED _ S)—Q3 -v'/ FOR: 0 Building Permit. 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permitt for As-Built Constructioni / Other: LOT lint di9a /3 t✓ Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article —tTT Section 100-,3a Subsection Type of Appeal. An Appeal is made for: XA Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation the Tpwn o e Article Section WReve sal o Othe L�f'7E/bite_ ekP. A prior appeal 0 hashas not een made with respect to this property UNDER Appeal /� No.,Year r' Page 2 of 3 - Appeal Application Part k AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a deMment to nearby properties,if granted, because: ,4 ate. eetneerelwf* hoetag.t. , (2) The benefit sought by the applicant CANNOT be achlev • by some method - • We for the a Scant to=other than an area variance, • e ause: , 6 . "J aoA 0 /,— • y / (3) The amount relief requested is not stet.sfa Rai S. ous-: dZoi — 91'`c_ , ' 104 .; ' ' 4 •,�ft i / (4) The v• •` e wi l N• have • • • one effect or impact on the physical or environmental conditions in the neigh or#skicl because: fir../1 ,46.y (5) Has the variance been self-created? ( ) Yes, or ( No. If not, b the construction existing, as built? (>0 Yes, or ( ) No. (6) Add itonal information about the surrounding topography and butid ng areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANC{ STANDARDS. (Please consult your attome`i. Otherwise. Please Proce d to the danalure aunt notary area below. Signature of Appellant or Authoriz ent Sworn to beforeme this (Agent mus)submit Authorization from Owner) ;or JOYCE IL Se NOUN PUBzst+�s et LIC.SedMib VS OD Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE (If requested); For Each and Every Permitted Use under the Zoning Regulations for the Particular District When the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financialpaevidence. The applicant W�QA���REASONABLE, RETURN because: (describe on a separate sheet). � � 2. The alleged hardship re"fafln At pr p dunlque ecause: A, 4 ./ 4.4/1.4 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: n i eire/f4i al-N-444/ 0-'172,04 e'42-14 4. The request will not alter the essential character of the neighborhood because: a , 4,, n4.4fri4rnistztiliviziec,sb g 4 5. The alleged hardship has not been self-created because: Idhlito RIES 4 get 7471477 44/4"14/"14244"7 `t i 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet If necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply_AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. Please Proceed to the slanature and notary area below. A, 4.a 72/ Signature of Appellant or orize• T gent Sworn to bet a me this (Agent must submit Authorization from Owner) / 3 of .. .. .. �00_`F JOYCE M. M ONS y^r l.C�t �� NOTARY PUBLIC.8846 d lastit ry ublic) NO.Tsnn E oe�s.eu�r a� MMA App 900/02 Term Espiro.M�1!.m..�/ 2r3?S ,03i APPLICATION FOR WAIVER UNDER SECTION 100-26 f This review is for lots which have separate deeds recorded prior to 1983 and' undersized . A merger determination has been issued by the Town Building Inspector (copy attached) The zoning of my parcel is presently: �- The size requirement for this zone is : 40p c O square feet per parcel'. County Tax Map Parcel Nos : 1000 Ts - (p - 9 2 I (w44 , h0Ivw# COOT, , as owners of the contiguous lots shown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1 . Copies of my recent tax bill for both (all ) lots . 2 . Copies of deeds dated prior to June 30 , 1983 for all lots 3 . Copies of current deeds of the parcels under review. 4 . Copy of the current County Tax Map for my neighborhood . 5 . $ 150 . 00 application check which is not refundable if this waiver is denied . I understand that if an unfavorable waiver action is issued by the Town of Southold , that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure . By making this application, I hold the Town of Southold free and harmless from any and all cl ' ms and liability resulting from the issuance of a waiver . -7// (/2/_,- ( y( A cant and Owner ) • ( Applicant and Owner ) Sworn to before me this f d� of 6)-64' , 1`@ 2C.�,y ' , - JOYCE M.WILIONS ' �'� c _ NOTARY PUBLIC,Stab of Now Yak Notary P 41 ic1 NO.01WI4952240,SufoIk County Tom Expka June 12,204_7 A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation . Issued by Reasons forapplication ( to continue on next page)• zbata.w1295 . ( - 0 . • APPLICANT' S REASON #1: -//b2__ ' ' -- /t1 ',/'At1 . d Atetz,,( 0-,_ $4, u -t,;(4-,) oult/trctLA„ as *1-aseei S92-maityk-ste- taite-2-6 czvia cea, "-mom • . ,7:.-i .ff.,,‘/ ,;,- r a,' ne, 64",„y , 60-14. 1 re,i4Yin) cilid V-I, (,0-eite.: , / 1/2712-ree- APPLICANT"S REASON #2: aeCa,(4,ae C9 , 6211 6444diaL4e *I-, AP") (° (flAnt77'Le-�, CA/l Fier (244 -r�L[ 47i ��""4:10 - 6€4A__#44 it,taist-e--e • 2eAt :alkt V° - -- i't - 4w-elt- CtAiz2 citt=?in- e-al. /1fiicenleA) buat tia 6 _1� . G temitiAtiiir m&y..alae , ai S i • (PLEASE USE ADDITIONAL SHEETS if needed . ) lov. l o t `0114,0 7�_ _ OWN OF SOUTHti OLD PROPERTY RECORD CARD /yr ,- OWNER� STREET ..5 VILLAGE DIST. SUB. LOT 1 o n rig COfg,k 1 ./ 1/ ✓'-L`e n /Z � , ei 1/4.5_ FORMER OWNERN e Jam- t4 E ,& jie,ves g ACROI >ki / S W /T r� r124 TYPE Y/OFFjBUILDING" ]✓20 g RES.;/0 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS "-p 3 v-O A A- -- _ - id ►[ a ail - • V®--a .27 0a 4 / vv //7/Gr' $r'o/C-1 24,ciorinel •Zebroskr -Ito akreall• /6d 2 4Z) 06 ✓4 if o a /to - - : ' 4, - nio - -1,,;a 1 11 . ' a a Ct.1 BLLiLi h+an 2 7075 31 bo I v/o/ /01-7194-1- ro ilti2v6/6-Nlc.(.'.or��� l/ et nA- 493760,) 019i—LII 114)10564— Illeionnrll, Esf 7 cask- P/ E2PGi AGE BUILDING CONDITION 9/ `//d /-Cm-n h/hf9d 2 e pa / S � t-t 7t - -Ft?) NEW NORMAL BELOW ABOVE I '2124/6Q / -Si / e obury ts e e s fr FARM Acre Value Per Value v/_ �/ Acre I a, _ BP 1 ass'-r - 'It . ''t 2 +C✓ Tillable 1 0401 gp# & s8 feces gPia851 Tillable 2 Tale 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD la o House Plot DEPTH / Doe BULKHEAD Tota . _ ea DOCK _ . Nt 1 : - 0199S /a 6 n _ 2 8- 6 _y TOWN OF SOUTHOLD PROPERTY RECORD CARD - 7frinr OWNER STREET y J25 VILLAGE DIST. SUB. LOT 30)20a M CO o 4v iit ;;� a l 4l Z , w-Z/ 3---- FORMER fFORMER OWNER Ni E ACRr T. c% ,vei✓ee�✓ eer," .1 Lir SW n✓ n� TYPE OF BUILDING �0 /r d MC 00 rata 11 ,v E e it I5. SEAS. VL 3.,( FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS '/i o- e 14 D'f) 1.2/10:2-- L3451 r S9 7ebro,k 14o Mc-Calque I 1 •IPS (o fro J 3//,/As- room -L 3‘r 9 towars - ,r ,r I, C ci s &OK) 6 DU (z/zl/O Iv/X194-L 11&gip i‘-14r o'w/I Esf 1a (onk 4q?so:� ,Il 97aLII816 /256 atiMcZonri., ,/ Fsf in Cogokc�<d(z(x(J 179 oi -Combineri 2 porot/5 (78 -6 -5# ter) ' , AGE BUILDING CONDITION /7)210/ " cSf/j * }npr owners f .AeS t- NEW. NORMAL BELOW ABOVE 1" FARM Acre Value Per r Value Acre tillable t "illable 2 'ill. 3 Voodland wamplond FRONTAGE ON WATER rusbland FRONTAGE ON ROAD .2 5 b r louse Plot DEPTH b r BULKHEAD 'otal DOCK i ' - Ll'''''-' - it er‘ a uN1Y � TOWM OF ,..8 0 SOUTHRlD /io 4%.Mi� / wean aWl 111 . 6_ .., ,,- * r ._ , \-----„,. i . . . , see etc.no on Alls: M:11) /fir / w 411W .1 H J per.. 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A COLOR ' - I 3 gr t ►� i i' y • 4 . i TRIM g' i J M. Bldg. a ax a Sr = 6/ G Foundation Gd3, Bath / Dinette Extension /X y,/ y 76 6 3 0 0 02/n cement ea 'F'6, LG Floors &Mi a K. Extension JJJJJ VV Ext. Walls #9.5 B . Interior Finish y AL-AL LR. Extension Fire Place ` Heat DR. 710— Type Roof ' D ate Rooms Ist Floor BR. Porch X ,y / Z c0 //Ltlecreation Room Rooms 2nd Floor FIN. B. Porch a'6 f X i il t in y ?S it Dormer Breezeway Driveway Garage — L/ )( L z = get / PO 6 t _ V Patio O. B. Total L. 113: ✓ ,I PRELIMINARY SKETCH PLAN OF CERTIFIED TO' DONNA COOK SUBDIVISION MAP OF �b SITPROPERTY ATE AT JOB NO 2004315 BAYVIEW MAP NO TOWN OF SOUTHOLD REVISIONSLD ,7SUFFOLK COUNTY, NEW YORK SKETCH PLAN 8/2/04 ,�4of NEW S C.TM. DIST. 1000 SEC 78BLK. 06 LOTS8&9 - ( so 44OONgt0 09 _-- -- 15 B 0 15 30 45 60 75 90 105 1 1 20 135 � *1 �`, SCALE: 1"=30 DATE JUNE 17, 204 I " I� rtT4 . / I / , / LICENSE NO 050363 i HANDS ON SURVEYING • I 46 NORTH ROAD HAMPTON BAYS, NEW YORK 11946 ic TEL. (631)-723-1954-FAX'(631)-723-1329 . MARTIN D HAND L S i TYPICAL LOT LAYOUT oI -4/4/e 254.0, REAR vSITE DATA n' E s. YARD �"<r - y LOT AREA 20896 SQ FT =U480ACRE ELEVATIONS HEREON REFER TO APPROX. MSL DATUM } k4T44/ ��F/� - AND ARE THE RESULT OF ACTUAL FIELD MEASUREMENTS \ t 'a'r °ala - w�/� CURRENT ZONING. R-40 Y� : 22 ° NUMBER OF PROPOSED LOTS. 2 S S �'9 Oj. 10 POST OFFICE SOUTHOLD- 11971 -A E, 2 - I I QO,4 - - FIRE DISTRICT. SOUTHOLD - o m I 'v' % - SCHOOL DISTRICT:SOUTHOLD vvoimr = �} 6rA s�Oo, a -- WATER DISTRICT: SUFFOLK COUNTY WATER AUTHORITY yri - ak-- FLOOD ZONE. AE(EL 8) & X(WITHIN 500 YEAR FLOODPLAIN) i gin I II $3" 't) c - �6e FIRM MAP NO. 36103C0166 G - EFFECTIVE DATE MAY 4, 1996 °' YL°' CO olt,y - F'7 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ,Sb 'rMiN I s 'I `ky ei,„ GROUNDWATER MANAGEMENT ZONE: IV(4)20,000 SQ FT °Q°. s, dD r _ CURRENT OWNER d SUBDIVIDER: 7:1',,:• �„ -IFE FaoMvaao �? 8 u 7Qe / LOT I $' 49 a ti > , DONNA COOK w 4 !,a 6900 MAIN BAYVIEW ROAD p�\1 t,..1' '� ,� re 6;41 T�Dpo, SOUTHOLD, NEW YORK 11971 S/Y/0cP /" J ll.. I � �sgJ L0T1 / ` } r i , � s,. 9500 Sa. po� 1 L o :`3 R, of �%1" ar �' l I�o� ��. illAiLi I6 -13 1 4 (• i h 1;� , g° EXISTING DIVISION LWE �e 6�' titiVe(.. * ' +e ?o � - BETWEEN TAX LOTS ° t< 2 .(gyp Q`„ _ H v5`.,0- .-T , 1 Q-4- N, ..\- -92, lie, ;;;C:rei 4,0 4Q. 4c ti's' h a I k OQ ' fid. 1 s�e�roksc t :E I 4 V� Q �� 'z 'iV 0.3' /L� _T/ op_ `C / ,_ i < a� F, cr.. 4, 5 L CV 4 %.,' O 4C5:91:)07....,% Tt• 01 1, 4. 1&,s'0 r( ��25 ki Q' °z �°�� *Z� o et29OC °Z • °�V 4•(/ l v I V ==pQRpe \ .I vq iir Qt- _ any/, ,,;{ I ' \ �k ceW c. �� � KEY MAP � �y I, 1„'pl;-(.” _ _ A� ' - SCALE 1"= 600 :f:n00i i i n¢ , CRF✓9277, " 11 360'150 b 300 600 900 1200 1500 1600 2100 2400 May 4,2005 5-fq /3)-ici„)-et:d, p Southold Town Zoning Board of Appeals 53095 Main Road Southold,NY 11971 File# 5638 Cook 25 and 425 Private Road#12 I am withdrawing my request for a lot line change. I am still requesting the Zoning Board allow me to: merge the lots. If there are any requirements or variances needed for this request(ie; Will I need a variance-for the gage sirce,:t is only inches from thelot line?),please let-ne know sol can apply for them. Thank you for your consideration of this matter. �+cerely, ,J Donna Cook 6900 Main Bayview Road Southold,NY 11971 765-2956 �/ ;: Building Deptviinwt APPEALS BOARD MEMBERS •ye4 SOIl'70:', Southold Town Hall Ruth D. Oliva, Chairwoman , �� 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio, Jr. aOQI Town Annex/First Floor,North Fork Bank Michael A. Simon lif%0U �i� 54375 Main Road(at Youngs Avenue) ',. 1�� Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD ' Tel. (631)765-1809•Fax(631)765-9064 July 21, 2005 Mrs. Donna Cook 6900 Main Bayview Rd. Southold, NY 11971 Re: ZBA Ref. 5638 — Request for a Lot Waiver under 100-26 Dear Mrs. Cook: Please find enclosed a copy of the Zoning Board of Appeals determination, filed today with the Town Clerk's Office. A copy has been furnished to the Building Department for their information and updated file. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 7/21/05 to: Building Department Attn: Michael Verity/Damon Rallis 1�+�-ate �i 3 l Rece,y v cot_ —A-u-6:- 3, 2-00 D tin noL COD el to-anon �W ;�'k Q vtd 0.c use) c `t i$ 01 OFFICE OF 1 \ ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 70? 3 -.13 E/ TO: eIA- -17 .3"jj/ q DATE: P-/ L, /2005 RE: el/44 / cr ip��CF/ l �/'/ d nt44g a ' ( .. aG a-/,020 o r MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. , �( 3 r CiA /1.1.—re6--e—al—e Thank you. Pages attached: . / . 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ) COUNTY OF SUFFOLK STATE OF NEW YORK (, 3 4 5 X 6 TOWN 0 F SOUTHOLD 7 8 ZONING BOARD OF APPEALS ' 9 10 X Southold Town Hall 11 53095 Main Road Southold, New York 12 May 4, 2005 13 9 : 30 a.m. 14 Board Members Present : 15 RUTH OLIVA, Chairwoman 16 VINCENT ORLANDO, Vice Chairman 17 GERARD P. GOEHRINGER, Board Member 18 JAMES DINIZIO, Board Member 19 MICHAEL SIMON, Board Member . 20 LINDA KOWALSKI, Board Secretary 21 KIERAN CORCORAN, Assistant Town Attorney 22 23 24 ORIGINA fj 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1. 's '•i 3 9 2 CHAIRWOMAN OLIVA: Make a motion to • Wk3 reconvene. I' ll make a motion to close the :-.a n`,z , 3 hearing and reserve decision until later. ; ` i; (See minutes for resolution. ) ' 4 CHAIRWOMAN OLIVA: Our next application is T ,I` 14, for Donna Cook, who wishes a waiver of merger. # 5 MS . COOK: I'm Donna Cook. I put in the i1r ,', application for the unmerger of my lots . I would 01 4, 6 at this, time like to request -- I' d like to withdraw my request for a lot line change . I' d r,: r--,,.,t,"0,- - 11.41 7 still like you to consider unmerging the lots for ,ii; ° ' s ' me, but I don' t want to move the property line, ,-, 8 I' d like to keep it where it is . I understand f ; : .•;;T this would require me to meet certain variances or T', R -O 12 9 there might be other requirements or ' ;;; recommendations to do that which I will absolutely follow through with. I did bring a letter and �-�. 1 seven surveys so that,you can see what it was . z'14* ` 11 This is actually the survey that you have but on ''"t the one you have I had handwritten in where the ,a x,,• r!.,,: 12 lot line would be . s�. BOARD MEMBER SIMON: Where would the ,r ; "p ��� 13 garage be then? I mean, where would the line be? y MS . COOK: It' s like inches from the J' - 14 existing lot line . } s, '0At BOARD MEMBER SIMON: Would that be on the - '`N ` 15 one that was on the road? - V MS . COOK: That was on the back lot, if -1-; 16 you see, I think a couple of times over the past A. month or two I've requested different lot line • '.; ,• 17 changes . I was trying to figure out what would be 0, the most appropriate thing to ask. What I found =i,1 18 out, after talking to the Health Department, the most appropriate thing to ask for is the unmerger, 19 and then, of course, once you consider that, if you do allow me to unmerge it, if there is any 20 problem with the garage, I can address those issues at that time, whatever it may be, even if 21 it ' s removing the garage. I 'have no problem with that . I may need variances, of course, I ' ll 22 follow-through, with all of those . So at this time I would just like to request that you allow me to 23 unmerge them so I can follow through with my plans for the property. I'm responsible for a lot of 24 children, and I need to make sure that I can: follow-through with the plans that I had when I 25 purchased the property 11 years ago . BOARD MEMBER GOEHRINGER: So you' re May 4, 2005 40 1 2 looking to create two lots now? ,--,) MS . COOK: Yes . The Town, from what I 3 understand, is the only entity that considers it a merged property. The Health Department and county 4 and such consider it already unmerged. It' s separately taxed, but I do need your permission to 5 formally unmerge it . BOARD MEMBER GOEHRINGER: May I continue 6 with this? • CHAIRWOMAN OLIVA: Kieran, the original 7 lot line then the garage would be on the second lot? 8 MS . COOK: It' s on the rear lot, yes . That' s why I originally thought moving the lot 9 line would make the front lot more conforming by putting the garage with the house . But what I 10 found out from the Health Department, is that that would not be the case. So when I was trying to 11 figure out where to ask you to allow me to move the lot line, it seemed as far as the Health 12 Department was concerned it would still be a problem and that it would need to be left as is . 13 That' s why I say if necessary I will even remove the garage . I think it may need variances, I 14 don' t know, I will let you decide and let me know what to do if you allow me to unmerge it . 15 BOARD SECY. KOWALSKI : You would have to decide if you want to remove the garage first . So 16 you have to make that decision before we can go forward. 17 MS . COOK: I would prefer if the garage would remain and if I am eligible to apply for a 18 variance to do that; but if variances aren' t going to be something that I would be able to look for, 19 then I would remove it . My preference would be to leave it, but if this Board has a problem with 20 that, I would remove it . I don' t know how to answer that . Would I need to apply for variances 21 first and find out whether or not that would be the issue and take it from there? Is that how I _ 22 would d approach it? Apply for the variances first_ and then if it' s denied, remove it? 23 BOARD SECY. KOWALSKI : You have applied for a waiver of merger and you' re before the Board 24 right now. It' s probably a good idea to start with that, first . You haven' t gotten into that 25 and you might want to start your presentation with that first . May 4 , 2005 41 1 2 MS . COOK: Okay, I bought the property 11 years ago with the intentions of separating it, in 3 fact, when I bought it I thought it was already separated. I am a special education advocate, and 4 I have four disabled children, various degrees of disability and responsible for other children in 5 my family. And being responsible it limits the amount of time I'm employed. I spend a lot of 6 time with my children and my family. I have done probably 80 percent of the work to my home myself . 7 I 'm learning along the way. But now I' m at that point both because of unforeseen circumstances 8 which another house went up in the neighborhood and it was regraded and it caused flooding on my 9 rear property so I've had to start a lot of work back there trying to remedy all of that, and now 10 that I've gotten past a couple setbacks with whether or not it was wetlands and also the winter 11 coming on, now I 'm able to remedy and mitigate all that water back there and follow through with it, 12 it' s created a lot of financial hardships . So now it came to the point to find out whether I can use 13 that property to benefit my family financially, and hence all these other things came into play. 14 I have some neighbors who are okay with the idea. I have one neighbor who is not okay 15 with the idea. The Town Trustees had gotten involved thinking that the water that had started 16 to accumulate on my property was a wetland area. They have since decided that it was not and they 17 do not have jurisdiction over it . So I 'm allowed to continue to mitigate the water over there . 18 CHAIRWOMAN OLIVA: How do you plan to mitigate that? I was down there yesterday and 19 it' s really like a lake. MS . COOK: It' s awful . With the help of 20 two contractors and another neighbor last year, we got out there and really tried to figure out where 21 all the water was coming from. You can' t see it running to the property but you can see where it 22 sits . What we have all decided or what they decided would be the best way to remedy it would 23 be to eliminate all the brush and thistle back there, which I started last August, and then to 24 take out as much of the clay that I can. There was a layer of clay there that was right under. 25 So I removed some of that clay already and used it around where my construction is where my house is, May 4 , 2005 42 1 2 to fill in some areas and put fill on it, places I don' t need to worry about water. Some of it I'm 3 going to have to remove out of there. Once I do that I can lay in a series of layers of gravel and 4 ' sand. This way once I put fill on top of that and regrade the property back to grade level because 5 right now it does this (indicating) like a pool . Once I get all of those trenches or dry wells in 6 there, which I have already looked into, both of those are good alternatives and Artie Foster said 7 that was a good idea to do that, that will allow all the water to continue to come to my house from 8 where its coming from, but rather than move to somewhere else, it will go straight down and have 9 somewhere under the layer to reside or whatever it does, probably perk back into the aquifer, right 10 now the clay is the biggest problem there . These are my intentions, and I think three 11 weeks ago I received a letter from the Trustees removing themselves, and so now I'm able to get in 12 there and finish doing what I started to do. Hopefully in the next two months it should be 13 gone . So between the two landscapers and Artie Foster and the Health Department, they all seem to 14 think this is the best way to mitigate the problem, rather than just regrading, which is what 15 my neighbor did, which would, of course, cause the water to go everywhere else, and that' s not a good 16 idea. So I'm hoping this water problem will all be mitigated. 17 - Right now the unmerger is the big thing because funds are caught up . I received a series 18 of setbacks due to contractors I had in the house, and it' s been one headache after another. So 19 right now I 'm looking at trying to get my funds back in, which would mean using the equity or the 20 property, which was my plans originally when I purchased the property. Again, right back to why 21 I ' m asking you to unmerge it . So I can figure out how to manipulate my funds both on the house and 22 to mitigate this problem that has just occurred in _ the backyard. 23 BOARD MEMBER GOEHRINGER: Can I just continue? 24 CHAIRWOMAN OLIVA: Sure, Jerry. BOARD MEMBER GOEHRINGER: What you gave us 25 back was a survey indicating the house lot without the garage, proposed as Lot Number 1 at 10, 448 May 4 , 2005 43 1 2 square feet? ti MS . COOK: Yes . That proposal, when I ) 3 gave you this map back, this was originally done with the proposed lot line change in there; so 4 with what I'm giving you back now, there will be no proposed lot line change on the survey, it' s 5 simply to show you exactly where the existing lot line is . That proposal would have been for my 6 original lot line change request, which I am no longer requesting. 7 BOARD MEMBER GOEHRINGER: So proposed Lot 1 and Lot 2 don' t exist anymore? 8 MS . COOK: No . It' s existing Lot 1 and 2 . BOARD MEMBER GOEHRINGER: So in my opinion 9 what you need to give us, and it happens to be my application to write, you need to white-out the 10 line and white-out words "proposed Lot 1" and you need to add the 10, 448 square feet to whatever the 11 total lot area is . MS . COOK: I think what would be better -- 12 I know what you need -- is to give you the original survey I got two years ago that showed 13 exactly what I have, which is exactly what I want to keep. I didn' t bring it with me today, I 14 thought I did. BOARD SECY. KOWALSKI : There is one in the 15 file, Jerry, because originally Mrs . Cook had applied for a lot waiver based on the original lot 16 line and it does breakdown the sizing. So there is one in the file . I can find it and make 17 copies . - MS . COOK: If necessary, I do have them at 18 home . I thought I grabbed them to give to you today, but what I did grab was the new one for the 19 lot merger. BOARD MEMBER GOEHRINGER: We' re going to 20 know what the total square footage is of Lot 2 , which is what you' re proposing to unmerge? 21 MS . COOK: Yes, sir. CHAIRWOMAN OLIVA: Vincent? 22 BOARD MEMBER ORLANDO: When you _purchased the property, as I read the deed, this was 23 transferred under one lot, it sounds like you knew that, you stated in your presentation you bought 24 it knowing it was one lot hoping to -- MS . COOK: No. I bought it knowing it was ,f 25 one deed, but I had two tax maps . And I was in touch with the assessor' s office at that time and May 4 , 2005 44 1 2 I was in touch with other departments here in Southold, that was again in 1994 , so the answers 3 then may not apply today, but I did touch base with some Town boards and the assessor' s office to 4 ask if it was feasible to have it formally separated. I thought because it was already 5 separate in the eyes of the county it would be an easy thing to do. I didn' t realize it was so . 6 complicated. BOARD MEMBER ORLANDO: In ' 94 did you do a 7 single and separate search on the parcel to see if they were? 8 MS. COOK: No, I did not . BOARD MEMBER ORLANDO : After reviewing the 9 deed with counsel he also perceives that the deed shows the description as one lot . 10 MS . COOK: Yes . It was actually three deeds . My two properties actually started out as 11 ' •three pieces of property. So there was a 50 by 60 piece of property that was added to the 250 by 60 12 piece, that whole area back there, which is all houses, my, neighbors and myself, was all owned by 13 two families, I believe, that eventually started breaking off little pieces, and I ended up with 14 three that turned to two just before I received it . So it was very confusing to me . I just 15 assumed, and, of course, I'm probably wrong, that it was something that could have been done . So 16 I'm here to ask you whether or not I can continue to follow through with that . I think I did give 17 you the deeds that go back when it was three deeds, back in the ' 50s, might have been farther 18 back than that . There was a lot of things that happened with that land. It' s all Greek to me . 19 BOARD MEMBER ORLANDO: No other questions . 20 CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: I have a couple 21 questions . First of all, if I you get this waiver of merger, the small lot where your house and this 22 large lot is, I presume it' s your intention to -- -------- - - -- -- - - -- ---- -- -- - sell that lot? 23 MS . COOK: It may be . Right now I have a whole bunch of options . 24 BOARD MEMBER SIMON: First glance you look at it and not knowing about this change you just 25 introduced, it looks like you' re dividing a large buildable lot into two lots, one of which is May 4, 2005 45 1 2 unbuildable, because of all the water. MS . COOK: If it' s one lot it' s all ) 3 unbuildable because there' s already a house there . BOARD MEMBER SIMON: Your house is on a 4 buildable lot, but the lot you want to sever from your lot would be essentially created as a new lot 5 which would presumably be buildable. Whoever would want to buy it would want to buy it not as a 6 place to have a pond, but to put a house on it . Have you had an engineer? You said you had the 7 Health Department and so forth looking at exactly what is involved in mitigating the problem. 8 MS . COOK: The Health Department didn' t come and look at it, these are all phone calls . 9 BOARD MEMBER SIMON: This is what I'm getting at . Whoever was going to buy it or if you 10 wanted to put a house on the second lot, would need to know sampling and so forth whether this 11 lot is buildable at all . Do you know what you' re getting in for? 12 MS . COOK: As far as the physicalness of the lot,, I was getting confused with buildable, 13 whether it' s okay with the Town Board to be buildable, whether it' s physically buildable . 14 BOARD MEMBER SIMON: I mean in terms of getting a building permit . 15 MS . COOK: This is something I did not get an engineer for but I did speak to the Health 16 Department, am I going to get to you guys and find out it was for naught . They said they already 17 considered it a separate residential lot and that they do' not foresee any problems at all with 18 building on there, as far as they' re concerned. Not that doesn' t mean that the ZBA or the Town -- 19 BOARD MEMBER SIMON: It' s not for us to decide whether the building lot that is 20 essentially being created is buildable or not . It' s okay to have a large lot half of which does 21 not sustain a house as long as you have a house on the other half, but when you sell it to somebody _ 22 else who' s buying it_ to build a _house on it either they' re going to find out afterwards it' s ' 23 unbuildable or they' ll find out at the time, in which case you' re stuck with a second lot you 24 can' t be used. MS . COOK: I think the word you' re using F 25 there that led me to believe that it would be okay -- actually, I forgot what it was . They May 4 , 2005 46 1 2 consider this already single and separate residential; they' re not considering it being ) 3 subdivided or being separated, they' re not considering this creating -- that was the word, 4 creating -- I'm not creating a lot as far as they' re concerned. 5 BOARD MEMBER SIMON: You' re asking, what I call creating a lot would be to unmerge it, to 6 unmerge it would in effect create a lot . MS . COOK: They' re saying that' s at your 7 level but not at their level . At their level they already consider me owning two single and separate 8 lots, that have one deed. And the deed is what they would consider me having a problem to build. 9 Once you allow me to unmerge them, the deeds become separated and then the Health Department 10 and apparently the county feel -- in fact, that is the garage thing and the lot line change, that 11 conversation is what brought that about . I had called them again, and said I 'm doing this with 12 the garage and the lot line and all this stuff and what is your position. They said, if you ask for 13 a lot line change, the minute you change the lot line we' re going to consider you a subdivision 14 because you have made a change . If you leave the lot line where it is, this is already two separate 15 lots as far as we' re concerned, so there' s nothing you need to do for us . If I move the garage, if I 16 say okay the garage needs to be put in the middle' of the back lot or move it to the front lot, again 17 it creates a subdivision in the eyes of the Health Department . As long as the garage remains where 18 it is or is removed, if you decide that' s what I need to do, then they have no problem. If I move 19 the garage and move the lot line, move anything, I become a subdivision because I'm changing what 20 they consider an existing lot . Their position is that this is the only board that considers it one 21 lot . BOARD MEMBER SIMON: For better or worse, 22_ people have the right to buy and sell land that is permanently under water if it turns out to be that 23 way, and the owner of the land is the one who takes the risk. 24 BOARD MEMBER ORLANDO: I think what Mr. Simon' s trying to say when he says it' s not 25 buildable is will it sustain a septic system and a well for the county? Because you don' t have May 4 , 2005 47 1 2 county water down there . MS . COOK: I can have county. water down 3 there . In fact, I had to give up the well that was on that back lot for my neighbor to put in his 4 septic system and regrade and flood my property. BOARD MEMBER ORLANDO: But he has a well? 5 MS . COOK: No . Everybody has town water except for me. There' s only two neighbors in that 6 area that have well water, myself and Mr. McConnell, and I had one well on the lot with 7 the house, one well on the back lot, and Mr . McConnell had a well . When the Werthner house 8 went up, he couldn' t put his cesspools anywhere . BOARD MEMBER ORLANDO: That' s what 9 Mr. Simon' s getting at, can you build on it with all those wells and septic systems? 10 MS . COOK: But they' re not there anymore . I had to give up the right to my rear well in 11 order for Mr. Werthner to be able to put in his septic system. 12BOARD MEMBER DINIZIO: When they go to put a house on this lot , it' s going to be county water 13 . so it' s not going to make a difference . There won' t be any wells around. They can put it 14 anywhere they want to put it . Of course, they have other problems but that' s besides the point . 15 MS . COOK: The septic system' s not an issue, that' s why I called the Health Department a 16 few days ago. Because I 'm getting ready to mitigate this problem, I have the choice of 17 putting in trenches or putting in dry wells, which I already ran past the Building Department, and 18 everybody' s okay with it . So I have that choice . So I called the Health Department and said if I 19 want to put in cesspool wells instead of dry wells, can I use them in the future because it 20 will have all this water going down, and that ' s when all this conversation about the lot line 21 change came up. So as far as the Health Department' s concerned, I won' t need anything from 22 them to put cesspools _on this property_ because I ' m the only one with a well within 150 feet of it, 23 and the last well anyway, just close it and hook up to public water, and the new lot -- so to speak 24 new lot -- can hook up to public water. There is plenty of room to put in cesspools, the Health 25 Department had no problem with it . As far as the Health Department, the only thing they expect me ' May 4 , 2005 48 1 2 to comply with are the Town setback codes and lot line coverage -- is that what you call it? How 3 much house I put on the lot -- they said they have absolutely nothing to concern themselves with this 4 lot because I own the other well, and they already consider it two separate lots . Of course, if I 5 change anything then it' s a problem, I'm subdividing. 6 BOARD MEMBER ORLANDO: But you' re not on well water anymore? 7 MS . COOK: No. The back lot is no longer on well water, I closed that well because Mr. 8 , Werthner put his cesspool 75 feet from that well, or 80 feet from that well . So if I do build 9 anything on that back lot, it will automatically go on public water. The front house is still on a 10 well, but there' s no cesspools within 150 feet of that well so I can use it out until it gives . me a 11 problem, then hook up to water on the front lot . And there is water, and if it does affect the 12 front lot, then I' ll close it too. It is feasible . I don' t know how easy it will be, and 13 my whole point when I said there' s so many different options that I have is to either put a 14 small cottage back there . I have a lot of children. 15 BOARD MEMBER ORLANDO: Not to interrupt you, we went off on a tangent in regards to 16 buildable . You are here before us on a waiver of merge. Let' s stay focused back on track about the 17 waiver of merger. MS . COOK: That' s the reasoning for all of 18 that . Most of it is so I can fix my finances in order to finish all these things that occur in 19 such a large family that I have, and all these other things that have happened because of 20 neighborhood things . It' s a money thing. I think it' s a space thing, it' s a lot . If I could 21 unmerge it it would mean a lot . BOARD MEMBER ORLANDO: Do you have any 22 more questions, Mike? BOARD MEMBER SIMON: No . 23 BOARD MEMBER ORLANDO: Jim? BOARD MEMBER DINIZIO: There is I think 24 four criteria for unmerging a lot in the code . I ' d like for you to address that . Honestly, I 1 25 think -- I 'm just going to throw this out there -- I think you need someone other than yourself to May 4 , 2005 49 1 2 represent you: MS . COOK: So it' s going to cost me more 3 money. BOARD MEMBER DINIZIO: In all honesty, if 4 you want my opinion I don' t think you' re going to qualify. 5 MS . COOK: Can you tell me which of the criteria it is? 6 BOARD MEMBER DINIZIO: I think just about every one . I think you can' t come before us with 7 a lot merger like you' re doing. Believe me, I sympathize with you very much concerning this 8 because you think you see a line on a map that everybody assumes that' s what it is, but plenty of , 9 people have stood before us with a lot more hardship than you' re saying, not considering your 10 family, but considering property, and they have been turned down. 11 MS . COOK: It seemed like everybody except the Town considers it single and separate,. 12 CHAIRWOMAN OLIVA: You have to meet certain criteria. The first one you have to- 13 address is the waiver will not result in a significant increase in the density of the 14 neighborhood. MS . COOK: I thought that was addressed in 15 the beginning. CHAIRWOMAN OLIVA: Number 2 , the waiver 16 would recognize a lot that is consistent with the size of the lot in that neighborhood. Number 3 , 17 the waiver will avoid economic hardship; the natural details and character of the lot and the 18 character of the contours and slopes of the lot ' will not be significantly changed or altered in 19 any manner; and there will not be a substantial filling of land affecting nearby environmental or 20 flood areas . MS . COOK: I ' m sorry, I thought those were 21 addressed in the application. When I sent in my application, I addressed the size of the lot, 22 which is consistent with all the lot sizes in my neighborhood except for one, my next door neighbor 23 is the only one who has a very large lot next to me; it' s not as long as mine is, but it ' s wider 24 than mine by about 40 feet . It does conform. I think that back property, at 250 by 60 is bigger 25 than some of the neighborhood lots . To avoid economic hardship I thought explained that . I May 4 , 2005 50 1 2 thought I had met those criterias, is what I'm trying to say. So if I didn' t, let me know. I 3 thought that was addressed in the application. So I wasn' t prepared to go over that today, but if 'I 4 need to readdress it or reexplain it -- CHAIRWOMAN OLIVA: Our problem is that it 5 is deeded as one lot, and it was always held in your name for that one lot . Actually in order to 6 divide that you really have to go to the Planning Board. 7 ASST. TOWN ATTY. CORCORAN: A waiver of merger is an appropriate vehicle . They were 8 previously two lots that probably merged as the clocked ticked in 1983 , they were merged prior to 9 when you purchased them, and you purchased them in one deed, two tax parcels but one piece of land, 10 so you do need to meet the criteria in the code . And this is the opportunity. You may have 11 addressed them in the application, but this is your opportunity to sort of explain why you think 12 you meet them. I think that' s what the Board is asking of you. 13 CHAIRWOMAN OLIVA: It' s Number 4 that you have a problem with. ) 14 , MS . COOK: The details and characteristics of the lot? 15 CHAIRWOMAN OLIVA: Contours and slopes of the lot will not be significantly changed or 16 altered in any manner, and there will not be a substantial filling of land affecting nearby 17 environmental flood areas . I think it' s because of that lake in the back there . 18 MS . COOK: What you have seen in the past -- anybody that' s gone to my property in the 19 past eight months has seen the result of my ripping out vegetation and taking some of the clay 20 out . So what you see actually looks like a pool . That' s not what the slope of the property was 21 originally when I bought it or for nine of the 11 years that I have owned it . This is something 22 that has happened within the past couple of years where it flooded like that, and last summer is 23 when I started to make it look the way it does now. You have to make it worse before you can 24 make it better. I wish it was easier. Once it' s done, whether or not I unmerge the property, that 1 25 is going to look the way it did two years ago or as close to it as possible minus all the poison May 4 , 2005 51 1 2 ivy and all that junk. I mean, I even left it there, the Town Trustees came out and looked at 3 what I had taken out . I said it' s still there, I never moved it . Winter came and the stuff sat 4 there . So after they decided that there was, no 'wetland vegetation there, freshwater wetlands 5 vegetation, I could continue, I just got that later, a few weeks ago. If you had seen it prior 6 to Werthner putting his house up, you would- have seen a different lot . The way it was graded at 7 that time is what it' s going to look like whether or not I do the unmerger. To say if one of the 8 criteria is that this does not affect the neighborhood or the lot or the characteristic, 9 then it won' t be, in fact, it will be exactly the way it was but better because now I'm almost like 10 a recharge area, willingly, and I'm going to continue to collect the water, only find someplace 11 else for it to go. So I think it will be better than it was before considering what' s happened in 12 the neighborhood. As far as the changing the detail and the 13 characteristic of it, the only characteristics that have been changed is that all scrub bush and 14 junk and rose bushes that was growing back there has been taken out and will remain out . If I do 15 or when I do put vegetation, I have one neighbor who wants a whole row of bushes put back on her 16 side; she owns the whole road. I 've been talking to her and her husband as long as I've lived in 17 the house about anything I do out there . Once I get all those trenches and dry wells out of there 18 and get all that water mitigated, we' re going to go ahead and put that wall or some sort of life, 19 something back up there for her. So that is really going to be the only characteristic change 20 on that property. To say that the characteristic and the contours of my property, what it is now, 21 is inaccurate, so if it needs to stay the way it was now, that would be horrible, to say the least, 22 not even for the unmerger. You have seen it , it' s awful . 23 CHAIRWOMAN OLIVA: I saw it . MS . COOK: That is not the original 24 characteristic of that property. So the characteristic is not going to be changed. It 25 will be what it was . So as far as the size of the lot is May 4 , 2005 52 1 2 concerned it does conform with the other lots .in the neighborhood. The hardship is, again, I 've 3 gone through a phenomenal amount of money repairing damage to my property from other 4 people' s actions, indluding some contractors that I had do existing work to my house, with my 5 children it limits my availability to work. I've worked part-time throughout the years as an 6 educational advocate, I find myself doing a lot of volunteer work for families who are very low 7 income and just can' t say no sometimes . So there is the hardship part, the characteristics we just 8 addressed. And there is not going to be any filling in of the land outside of grading the 9 property back to the original grade, not any higher, and it cannot remain any lower because I 10 have this wash off . I have drainage problems from Mr. Werthener' s property. But on the easterly 11 side of my house I have another neighbor whose property just slopes to my house from the front of 12 her all the way to the back tree line, all the ' water just runs and hits my house and makes a 13 river. It has caused an enormous amount of erosion on the side of my house and has exposed ) 14 all of her tree roots . She has three big maple trees within six, seven feet of my property, my 15 house actually. You can see the tree roots are starting to go into my foundation . It needs to be ' 16 regraded to what it was in order to prevent further problems . 17 I think I may have addressed everything. If there' s anything that you need 18 I can make it available . CHAIRWOMAN OLIVA: Is there anyone in the 19 audience that would like to speak on this application? 20 MS . SACAMANO: My name is Cathy Sacamano, and I live at 6990 Main Bayview, and I ' m the 21 neighbor who abuts Mrs . Cook' s property for about 300 feet . 22 Originally, years ago, the two properties ---- - -- -- - - - -- --- - - - - - - - were owned by sisters so - they' re kind of equal 23 house size and so forth, and just for the record, I want to say Miss Cook and I have been good 24 neighbors, and she' s had her variance to increase her house and all that, we have had no problem r 25 with it . We do, in fact, have a problem with May 4 , 2005 53 1 2 unmerging the lots . In 1983 or thereabouts, your Article 2 , Section 1025 merged the lots because 3 they were held in common ownership and both were considered nonconforming lots, and to try to 4 create a lot that was conforming to the bulk schedule at the time . Miss Cook did, in fact, buy 5 the property in 1994 , and as you all went over, she should have been aware that the lots were 6 already merged. By unmerging the lots, you' re going to, whether you keep .the garage or move the 7 garage or change lot lines or what have you, you' re going to take a 20 , 000 square foot lot, so ( 8 to speak, and create two 10 , 000 square foot lots or one 7, 000 and one 12 , 000 or whatever the 9 arrangements are going to be. And my husband and I are concerned with separating these lots that 10 you would create a new, if she tears down a garage or whatever, it becomes another nonconforming 11 buildable lot, and with the north fork land being at a premium, we' re thinking of a possible future 12 contractor coming in and creating yet another McMansion in the neighborhood. I know they have 13 to take all the setback things into consideration, but still the characteristic of the 14 neighborhood -- my family lived here for 80 years, it used to be little bungalows, waterfront 15 bungalows, little dwellings, and as we get newer construction, newer neighbors, the characteristics 16 sof the neighborhood are changing. As for the swamp, flood, whatever you want 17 to consider the southern lot now, we don' t have problems with Miss Cook filling it in or getting 18 rid of a mosquito problem or what have you; what we are concerned with is to bring it up to grade, 19 so to speak, in her terms, who makes the determination what grade is? In the area we' re in 20 it' s a flood zone. I can get affidavits from many former, old time neighbors that her little, what 21 was once a little kind of lake, nuisance problem, has always been there, for at least 40 years, what 22 I remember as a child playing in the field. And as I said, we' re concerned with the lot . If it 23 was to be unmerged, to become a buildable lot, you know, it' s an environmentally sensitive area, and 24 the new house addition could result in my land, my abutting land becoming flooded and/or 25 contaminated. And with the new home you can have the cesspools, you have the churning up of the May 4 , 2005 54 1 2 underwater flood table, so to speak, and right now, I'm just getting people to kind of come and 3 look at my land to prove right now that prior to Donna' s good intentions of these contractor and 4 the wells and the gravel and what have you. Right now we are high and dry and have been for many 5 years, just due to the contours of the land for the past 40 years that I can honestly say I've 6 seen. That' s why we don' t want an untnerger. Thank you. 7 CHAIRWOMAN OLIVA: Thank you. I don' t see anyone else here to make any comments . I make a 8 motion to close the hearing reserve decision until later. 9 (See minutes for resolution. ) 10 CHAIRWOMAN OLIVA: Our next hearing is for Joann Walker on Town Harbor Terrace for a proposed 11 addition, swimming pool and other construction. Lovely place . 12 MS . WICKHAM: Well, we think we have it straight now, what we want to do and how it has to 13 be done . There were a number of amendments, but the plan is to construct a pool on the east side 14 of the property, sufficiently far from the sideline that does not violate the setback, and 15 whether the pool will actually be of that size or not it may be built smaller. 16 CHAIRWOMAN OLIVA: It' s a nice size pool . MS . WICKHAM: It' s a nice size pool . It 17 very well may be built smaller but Miss Walker wasn' t quite sure what she wanted, so I asked her 18 to put down the most she would want . She will work with her design professionals to finalize it . 19 The extension on the waterside, I am tempted to call it the front, but it' s technically 20 in the rear, will be in keeping with the existing building as will the patio and the pergola . 21 ,This house, interestingly enough while we would consider it a modern house, was probably 22 built in the ' 30s, 1937 . It did withstand the hurricane of 1938 , although I think it did sustain 23 some damage . I believe this lady that' s here is a member of the families of the properties around 24 it, so she knows much more about it than I do. But the extension will be designed as will • 25 the landscaping to blend into what' s there as much as possible . May 4 , 2005 80 1 2 3 4 5 CERTIFICATION 6 7 I, Florence V. Wiles, Notary Public for the 8 State of New York, do hereby certify: 9 THAT the within transcript is a true record of 10 the testimony given. 11 I further certify that I am not related by 12 blood or marriage, to any of the parties to this 13 action; and ) 14 THAT I am in no way interested in the outcome 15 of this matter. 16 IN WITNESS WHEREOF, I have hereunto set my 17 hand this 4th day of May, 2005 . 18 ' f_ 19 / 20 t e /7 / Ca V 21 L„,/ Florence V. Wiles 22 23 24 ,) 25 May 4, 2005 Kowalski, Linda Subject: 10:45 called Carolyn Zenk att ref Donna Cook contact inquiry Start: Mon 8/1/05 10:30 AM End: Mon 8/1/05 11:00 AM Recurrence: (none) called and L/M on machine asking if she wanted copy of denial by fax, also if she knows how we can reach Donna Cook because her tel. has been disconnected. 723-2341 143 W. Montauk Highway, Hampton Bays, NY • 1 ) • • TRANSMITTAL WITHOUT COVER LETTER DELIVERED �200L5 TO ZBA OFFICE FROM: (b 1,4 (4_,6,-L, RE: 6)6/. ilj 1M IS'of 3-8D c p/�L. �3�(6_6 ) biAP.Leyd ritfiAT (ftvb-ai. #4,/t fu 11;14 ao,,y). (I) /b//0/e/ SURVEY OF PROPERTY N , SITUATE: SOUTHOLD4 . ' TOIAIN: SOUTHOLD W E �®je,7 *-I) SUFFOLK GOUNTY, NY , SURVEYED Oq-20-01, 10-10-01 S ,\., Fp �® SUFFOLK COUNTY TAX # p, 9� e - 1000 - 18 - 6 - 8 & l i:,. �'� 1000 - -►S - 6 - q 4S`% I, ,FST / GERTIFIE) TO: /// \ /0'i, I!/y, DONNA GOOK " •°Os /�41 A rI/! // g+8• I \ V / k�.,CA / / ?co -` ,leo / , +g• @F F�`� ry9h ,SI F� `1,e' if • O yo q y2'9 Iry ,i% /4• 1 / ern `SLC el / c / st • eQEe ro vg / C w �� O.' eke O/TU p_c q �/ cp l_1 'P/L�/Np�, /', / \ , co ® /, w I- e' vh c Q, ' G%/.i? / 6., 6. T� �p Q / -.MgrYe4 4prT9/ 0 / ',s• 8 J,, . As. li / ,La 4, 1 4., fo- 0/' 4, . 0 ,..\ / �, /// k A� 0 Jo �O moco o/ (0 eT w/k .-- 0 671 kJ it� ��/ 2/�0 04-/2 / ivy �, ,e kg / . . � �b / Qz o u, h o 70 ko / o,y 4, ' / / / / / , , / / , , , / , / , 214 *Sri ��__� ��I! ce 0 �h II00 ,o-`12, TN�����No 0 - -.1e • �/c4�,s7. /s, iv 0�z:e ST ,. O� I • 0" t_ /1/ se U�� ,��0 A x„OC. Ey,`% (L^" 0� O \ 'Unauthorized alteration or addition to a survey ;,_, ' (r 13\ mop bearing a licensed land surveyor's goal Is a violation of section 1209.ma-division 2,of the E-1 , Nen York State Edlcatlon Lae' 'On tog from the ori bel of this avrve NOTES: I : ;rte * naSed` an on gtrni eland gvrveyerb stanped seal Mall be considered to be volt tree ■ MONUMENT � - i \ - 'rrrisF'�� `� + 'Certifications indicated hereon signify that this % O . survey mos prepared In accordance nith the ex- isting STAKE %%4%1, �w A/O O /,� ey tg Code of State for Land Sover9 esapted \ -Y -Y/ p� J V the Nan York State AswGaof Professional \`4'O /. 1 Y D 5 '0.° at on vbehalf to the title company,governmen- tal to the person for nhom the survey is prepare AREA = 20,886 SF OR 0.48 ACRES ��/ i / hal aoency and lending Institution titleco pang,govern,and ....gliwan�- to the assignees of the lending institution Certifica- tions ore notarable transfto additional Institutions SEPTIC SYSTEM SHOWN FROM FIELD JOHN C. EHLERS LANDSURVEYOR E INSPECTION AND EVIDENCE BY OTHERS 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHIC SCALE 111= 501 RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\01-171.pro io/lo dal 1045 10AM \WA serverWpRdSal-illa-r , • tea'"r:':r Rr- h }.�'r.tr`I ,�* :- iw r•'.?i' v''n�"./•c,',Lr . t>r'• ',,, �c,;ari.. r,. +w ..n'r•-•wv.x ,-,... - - rw�,i'r, j'":lH,vi,„F x i:eoksL �,r: ,! . ++// 4 FORM NO. 3 ® TOWN OF SOUTHOLD /�� BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTIC'l; OF DDISAPPROVAL DATE: August 27, 2004 AMENDED: November 10, 2004 TO: Donna Cook 6900 Main Bayview Road 7.'7 7;1 NY 11971 'x. - NOV 1 9, 2004 Please take notice that your application dated August 23, 2004 ,›` Fora permit for a waiver of merger and lot line change at ZONDSGdr,,7TY gPRr btis Location of property 25 &425 Private Road#12, Southold,NY County Tax Map No. 1000 - Section 78 Block 6 Lot 9.2 & 9.3 Is returned herewith and disapproved on the following grounds: The subject lot (78-6-9.2) has merged with adjacent lot to the southwest (SCTM# 1000- 78-6-9.3) pursuant to Article II Section 100-25,which states; Merger. A nonconforming lot shall merge with an adjacent confouuing 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. Furthermore, the applicant proposes a lot line change, once the lots are unmerged. The proposed lot line change is not permitted pursuant to Article III, Section 100-32, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." - The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet. Parcel 1 (78-6-9.2), currently measures 6,098 square feet in total size and is �Y improved with a dwelling. Parcel 2 (78-6-9.3), currently measures 14,984 square feet in total size, and is improved with a frame garage. Following the proposed lot line change, Parcel 1 will measure 7,500 square feet in size and parcel 2 will measure 13,500 square feet in total size. As a result of the lot line change, a nonconforming accessory garage will become conforming. This Notice of Disapproval was amended on November 10, 2004, after the applicant submitted a new proposed survey, changing the nature of the Notice of Disapproval. { r S Nth 4_ f Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Icy FORM 0.,}-6,3 8 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 27,2004 TO: Donna Cook " p 6900 Main Bayview Road e- �" l • Southold,NY 11971 l I G i] ! o ct Please take notice that your application dated August 23,2004 For a permit for a waiver of merger and lot line change at Location of property 25&425 Private Road#12.Southold,NY County Tax Map No. 1000-Section 78 Block 6 Lot 9.2&9.3 Is returned herewith and disapproved on the following grounds: The subject lot(78-6-9.2)has merged with adjacent lot to the southwest(SCTM#1000-78-6-9.3) 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 l 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. Furthermore,the applicant proposes a lot line change,once the lots are unmerged. The proposed lot line change is not permitted pursuant to Article III.Section 100-32,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District,according to the bulk schedule,is 40,000 square feet.Parcel 1(78-6-9.2),currently measures 6,098 square feet in total size and is improved with a dwelling.Parcel 2(78-6-9.3),currently measures 14.984 square feet in total size,and is improved with a frame garage.Following the proposed lot line change,Parcel 1 and parcel 2 will measure 10,448 square feet in total size and the garage will be relocated to a conforming location in the rear yard. OP •(.thp, zed Si: ature Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC:file,Z.B.A. May 4, 2005 7 , Southold Town Zoning Board of Appeals 53095 Main Road Southold,NY 11971 File# 5638 Cook 25 and 425 Private Road#12 I am withdrawing my request for a lot line change. I am still requesting the Zoning Board allow Inc to immerge the lotsIf there are any requiremenis or variances needed:for this request(ie: Will I need a variance-for te gage since it is onlyinches from the lot line?),please let m e blow sol tan apply for mem. Thank you for your consideration of this matter.- S>>cerely, Donna Cook 6900 Main Bayview Road - Southold,NY 11971 765-2956 t/ m Building Depwtmmt 14 t.'4' D 11,1g1,0 • .4 .. ..• 'OF . , . , . ;1:179);:c.'.....'' :' •—‘",'COO, PROPER . .. ,f', ,• • • , :4,'•?.'147,,Ify•'.., •• .- , ' .1.8..,..vit . , . / . HAMPTON BAYS;NEW YORK ...... ';•, .••• ; ,t,,'W. •,••'-', ' ''•'-=,,, CURRENT ZONING:R-40 . • -'-,•,m-,. • SUFP.OLK COUNTY DEPAOM1ENT OF Rat-TH SERVICES' ••';.....;'. .44 ,., .,.: .: , , , .. . ,. „;,4 . .,,,Q... .:. 4:.i____.. , E<ISTING DIVISION LINE ; Vtit./...'1, „,:,,,:,..:,•.•. • . .' . •6Z. A4 ., 1\ Okd ' t .'1 °Geo• .1. /J.._ ,,z),44,)ao -,,„ • ,.„... - I ' *'''l'''%,!/'' ' '1. 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FORM NO. 3 SEP 12004 TOWN OF SOUTHOLD i 00 ' BUILDING DEPARTMENT �. 1\3, SOUTHOLD,N.Y. `o � "` eaRD of APPEPO NOTICE OF DISAPPROVAL DATE: August 27, 2004 TO: Donna Cook 6900 Main Bayview Road Southold, NY 11971 Please take notice that your application dated August 23, 2004 For a permit for a waiver of merger and lot line change at Location of property 25 &425 Private Road#12, Southold,NY County Tax Map No. 1000 - Section 78 Block 6 Lot 9.2 & 9.3 Is returned herewith and disapproved on the following grounds: The subject lot (78-6-9.2)has merged with adjacent lot to the southwest (SCTM# 1000- 78-6-9.3) 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. Furthermore, the applicant proposes a lot line change, once the lots are unmerged. The proposed lot line change is not permitted pursuant to Article III, Section 100-32, which states; No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet. Parcel 1 (78-6-9.2), currently measures 6,098 square feet in total size and is improved with a dwelling. Parcel 2 (78-6-9.3), currently measures 14,984 square feet in total size, and is improved with a frame garage. Following the proposed lot line change, Parcel 1 and parcel 2 will measure 10,448 square feet in total size and the garage will be relocated to a conforming location in the rear yard. � 4 Auth. 'ze• Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. 7 - T- - - t TOWN OF SOT4T OU1 `' BUILDING PERMIT APPLICATION CHECKLIST BUILDING DE.'ARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631)765-1802 Planning Board approval FAX: (631)765-9502 • Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined 7 I ,20 Contact: Approved 20 ( Mail to: /aa e�.�rl'� Disapproved a/c SI. — t,p/ (� Phone;(cj 3 I 7 0,s' Expiration ,20 V)" Bui ding - APPLICATION FOR ;.',;'G 2 3 2004 , ''! �-''� Date 20 b t INSTRUCTIONS . a.This application MUST be complel`ely illed 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 befoi'e 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 cod using code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. r 60(Signatureuof applicant or name,if a c rporation) tet,t) ae ail' g address applicant) 1 (971 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder ©7 iii -1� Name of owner of premises NO'OL)61 0,_;;PD k„ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. • Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on 'ch proposed work�will be done: House Number Street Hamlet County Tax Map No. 1000 Section 7 • ga • • Block Lot 9,2_ t (1 _......ALS ion i . ' Lot " -- _ (Name) --, " . AF &dMaPNO 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 0,--a/L- 'S .61 4 b. Intended use and occupancy VOC64/1/0 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work ... u,13a,C i S j er-r (Description) 4. Estimated Cost Fee (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. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories I ( 0 9. Size of lot: Front 17� Rear / 7 5- Depth 10. Date of Purchase l® 19 q Name of Former Owner l vl l O fl ne, ` J 11. Zone or use district in which premises are situated e eK [ Veil`1✓TLf.�, 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO 13. Will lot be re-graded? YES NO )4 Will excess fill be removed from,premises?YES NO 1Q 14. Names of Owner of premisesbEY w&CIOL. Address6990 ( ,1ia 1 Rhone No. 7(0g— Name of Architect '6b Address Phone No Name of Contractor 'ri?)b Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * 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 j) being duly sworn,deposes and says that(s)he is the applicant (Name of individual signin contract)above named, (S)He is_the 6z1���1� (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. Sworn to before me this ab day of w'�._ 20 0 Li I L - Olf / 1 otary blic ' Signature of Applicant JOYCE M.WILKINS Notary Public.State of New York No.4952246,Suffolk County Term Expires June 12, p ,\ -r_ Yr October 17,2004 —rs.4 51a37 Southold Town gi,0104 Zoning Board of Appeals Southold,NY 11971 I am requesting the properties I own at#25 and#425 Private Road 12 be unmerged. I am also requesting the lot line between them be changed by 26'to allow the garage to become part of #25 which has the house on it_ This will leave#25 Private Road 12 with a house and 2 car garage on 60'x120 and#425 will be a lot 60'x 22t. This was my intention when I purchased them in 1994 and I am asking the Board to allow me to do it now. Sincerely, � 1/4._ k.i t., Cook 6900 Main Bayview Road Southold,NY 11971 631-765-2956 a : --75°*4-6e- h7 off' ‘6,0,&;,,k) ,ii- wate4e ,404-moze, arim-v-u. tif W,t Ay d5" tilde (,0X,2190. (v© X //So a . 11,2 S tJ deluukeL 'inech-tee- 4144<"-ge 1-" IAL4z14 4° 4-7n-J a„1,01,,/,4„;i adz Piget4- &ALL:044.44-1,1) 444-0,444-0 aviste._ evitxuktib i,,,eAzer-1446 441- Ao-er-cdt4-T"' , / 1 / dWflA 510 October 17, 2004 Southold Town Zoning Board of Appeals Southold,NY 11971 I am requesting the properties I own at#25 and#425 Private Road 12 be unmerged. I am also requesting the lot line between them be changed by 24' to allow the garage to become part of #25 which has the house on it. This will leave#25 Private Road 12 with a house and 2 car garage on 60' x 126? and#425 will be a lot 60' x22V. This was my intention when I purchased them in 1994 and I am asking the Board to allow me to do it now. Sincerely, nna Cook 6900 Main Bayview Road Southold,NY 11971 631-765-2956 Y A o • r`;' 4;S QUESTIONNAIRE FOR PILING WITH YOUR Z .B.A. APPLICATION • A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate she shee„t may, be attached. ) bOn/MA •© B. Is the subject premises listed an the real estate market for saleor being shown to prospective buyers? { } Yes (x) Na. (.If vas, pl oaSA ar;-=rh 'c ry of "condi - "rc" of s.a l e.. ) C_ Are there auy w.uvoss 1 S tM r-+/-nge -cr alter 1 fir'_ con-tc,s? ( ) Yes {Y} No / D. 1. Are there pny areas which contain wetland grasses? A 2. Are the wetland areas hawn on the map suilmitted with this application? iQ 3. Is the property bulkkheaded between the wetlands area and the upland build i ng area? NO 4. ' If your prape_rty cantsinc wetlands or pond areas, have you contacted the Office of the To • Trustees for its determination of jurisdiction? � E. Is there a depression or sloping elevation near the area of proposed cord. -uctioz. at or below five feet above me=n sea level? (If not apulicable, state "N.A. " ) . F. Are there any patios, concrete barriers, brl kheads or fe^r which e- - c _and are vy ot shown on the sureman that you ar=•• submitting? ' If none exist, please state "none. " • • G. Do you have any construction taking place at this time concerning your premises? �/e.5 If ves, please sii hit a copy of your building permit and may as approved by the Building Department. If none, please state_ H. Do you or any co-owner alsd own other land close to this parcel? /f® If yes, please explain where or sub., i t conies of deeds_ c77 04-e, v k-Is 4 — e r j+'1n I. Please list present use or operations conducted at ``pis Parceparceled vU(( AQ.,d�� n rz/ and use • 11QAv�i a.5 qe- 6a/iv'e.., ______110117rw-L_ (146, 1/112 0 L( . Auc.iari%e^. Signac'=e ana Dac2 3/,s7, 1n/9o7 0't; 4,4LOT WAIVER QUESTIONNAIRE What are the square footage and dim nsions of this !rt subject of building department '• merger application): �i�r s.f. 400 ft. by a9.5 +- ft. Date of first deed which created this lot: Date of current deed to present owner: /0 - 7- 9 Owners' names of lot at current time: eggdo-ok • Date and name of subdivision (if any): A)O Ng. Size of remaining lot in the merger: /0 liqg s.f. Were there any building permits issued in the past for this lot: Yes X' No If yes, please provide copy of former permit and map approved. W Jere there any County Health Department approvals in the past for either lot? Yes No X . If yes, please provide a copy. • Were they any vacant land Certificates of Occupancy requested in the past? Yes No X . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Tru tees approval, or other type of application to build or use the property in any way)? Yes No ' If es, please •rovide cop (if available), or explain: e=b „Ce;ee-) 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 . Yes If yes, please explain. it:, 44 AI./..� . .� UA . .I 1u1 IA ungsr,'� / / I / � How many other vacant lots are on the same block and immediate neighborhood? / 0A/g' 2 Please note other approvals or other information about common ownership of these lots: eiati,vt? I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: 14 D� Own s Signature ZBA5/27/99 APPEALS BOARD MEMBERS „,,, :, , ,1,��, -=tif F044%-_ ,2 0.. hCG Gerard P.Goehringer,Chairman ,'` `t`d ” �G Southold Town Halliyf Lydia A:'Tortora ��; 53095 Main Road• �; George Horning W , Z P.O. Box 1179 Ruth)). Oliva �`, =.����' Southold,New York 11971-0959 t Vincent Orlando - X01.''_ *;�0le ZBA Fax (631) 765-9064 .�'I Telephone(631)765-1809 #:_ http://southoldtown.northfork.net BOARD OF APPEALS `'' OF TOWNOUTHOLD r , '' June 27, 2002 $ Ms. Donna,M. Cook , . 6900 Main Bayview•Road Southold, NY 11971 _. - Re: 'Appl: No. 51.18—Variance for Second-Story Addition ' Dear Ms. Cook: Enclosed please find a copy of the determination rendered b Appeals regarding,the_above application. Y the Z omng Board of Please be sure to follow-up with the Building Department for the next } building permit application process. A co step in the r,',,,: the Building Department for their permanent- records, and for theirnation update regardingnd to • - Notice of Disapproval. the r Very truly yours, 99 i Gerard P. Goehringer Chairman Enclosure Copy of Decision to: Building Department ,'� ,,.,FOL__C `` ,. , APPEALS BOARD MEMBERS - ,os'�SpffO[,�► "'y , y0 OG- Southold Town Hall r. Gerard P. Goehringer, Chairman �' y 53095 Main Road 4 Lydia A.Tortora ; _ , � � z , P.O. Box 1179 George Horning r+• ,* t� Ruth D. Oliva �`�,j, Southold;New York 11971-0959 '�O ����'�/ ZBA Fax(631)765-9064 Vincent Orlando 1 Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS. , TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5118-Donna M. Cook. Property Location: 6900 Main Bayview Road,Southold; Parcel 78.-6-8. BASIS OF APPLICATION: Building Department's March 3, 2002 Notice of Disapproval for the reason that applicants' proposed addition does not meet the code requirements for a minimum 40 ft. front yard and single side yard of 15 feet. AREA VARIANCE REQUESTED: Applicant is requesting a variance under Section 100-24413 for an addition to the existing dwelling on the second floor, which will be within the nonconforming footprint of the dwelling, presently 26 feet from the front line, and single side yard of 11 feet. disapproved by the Building Department of record for additional details.) (Please see map FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal - inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. - PROPERTY DESCRIPTION: The applicant'sproperty Road in Southold. The lot is improved with a one-story rame house and accessory side is located on south of Main Bayview on the September 20,2001 survey, revised October 10, 2001 by John C. Ehlers, L.S.on as shown REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The setback of the existing house is nonconforming at 26 feet, and a second story addition would not be possible without a variance. Some variance from the setback requirement is necessary for a second story. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house as exists is nonconforming at 26 feet. A second story addition is not unreasonable. 3. The variance granted herein is not substantial. The setbacks already exist and further reduced. are not being 4. The alleged difficulty has not been self-created. • Page 2—June 20,2002 ZBA App1.No. 5118-Donna Cook Parcel 78.4-8 at Southold • 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a second-story addition with rear deck, while preserving and protecting the character of the neighborhood and the health,safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Oliva, seconded by Member Horning, and duly carried,to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the • subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. ,Vete of the Board: Ayes: Members Goehringer (Chairman ortora, Hfo ni , Oliva, and Orlando. This Resolution was duly adopted(5-0). ! � - GG:IWIt ti Gard P. Goehringer, Chairman 6-26- v : FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT { Town Hall Southold, N.Y. , BUILDING PERMIT , (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 28549 Z Date JULY 11, 2002 ,Permission is hereby granted to: DONNA M COOK 6900 MAIN BAYVIEW RD SOUTHOLD,NY 11971 a ADD T;: nNg AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS Apfitta FOR PER ZBA CONDITIONS at:: ,remises located at 25 PRIVATE RD #12 SOUTHOLD Cogty Tax Map No. 473889 Section 078 Block 0006 Lot No. 009 . 002 p.quant to application dated FEBRUARY 25, 2002 and approved by the Building Inspector to expire on JANUARY 11, 2004 . Fee $ 306 . 30 1111111111111 • Adiiiiliiiiglirr • ""7"-thorize. Si•gnature""- COPY Rev. 5/8/02 1 ,_ .,...„... Aeact vo,„__,.. ,, ,, ‘..‘ r9=r- .,. ., tici _ DI i , •. I .rr . I r ji . t fi' 1 I ` .. 1. s ISSUED TO 37p�w� - �oo DATE i iiia 1 24 ADDRESS . 44 ® .. Sou4Aft • ita This notice must be ,displayed during construction and returned to Buildin . De . . g pt. to get a certificate of occupancy completion u on p of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. a A • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A.• Is the subject remises listed on the real estate market for sale? 0 Yes I�To B. Are there proposals to change or alter land contours? 0 Yes No C. 1)Are there any areas that contain wetland grasses? Ars)/V (/ 2)Are the wetland areas shown on the map submitted with this application? /t) 3)Is the property bulk headed between the wetlands area and the upland building ar ? - i'V 4)If your property contains wetlands or pond areas,have you contacted the officee Town Trustees for its determination of jurisdiction? Po S �Uo7- Cern o -611/0 41/ a D. Is there a depression or sloping ele�rr ti n near the area of proposed construction at or below five feet above mean sea level? DU (If not applicable,state"n/a".) E. Are there any patios, concrete barriers,bulkheads orf�� t exist and are not shown on the survey map that you are submitting? /V O (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? e.5 If yes,please submit a copy of your building permit and map as approved by the Buil g Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? /Vo If es,please explain where or submit copies of deeds. Oa/Le...apeueid4 kd kkeil. p4lulAE) H. Please list present use or operations conducted at this parcel I idiAL/,./1, 4/ ' 1/' / and proposed use _ ✓... ,!i_,:....i_ .: 44 / i . :,/ •, Aut.( 11/1/14i1)( /.. 4//49 i • ed Signature and Date k. i p , _- PROJECT 1.D NUMBER SEQR 617.21 Appendix C . State Environmental Quality Review • SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name b0 A,/0 if. C.---4)0 . 3.Project location: Municipality County 5o (.< -1-6,0 id- 5(.4:46 (k, 4.Precise location(Street address and road Intersections,prominent landmarks,etc.or provide map) acs las & Ai /a . 5.Is proposed action: ( )NEW ( )EXPANSION MODIFICATION/ALTERATION 6.Describe project briefly: i -e( e, 0 /,,,,,,., 4 i�> a amdsJ 7.Amount of land a ted: Initially: 40 x 2 cv acres; Ultimately: too x/z o` acres 8.WIII proposed action comply with existing or other existing land use restrictions:( )YES ( )NO If No,describe briefly: 9.What Is present land use in vicinity of project:(describe): IXResidential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other • 10.Does action Involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES ')NO If Yes,list agency(s)and permit/approvals: ��VV 1 11.Does any aspect of the action have a currently valid permit or approval? • ( )YES (X NO If Yes,Ilst agency(s)and permit/approvals: 12.As a result o proposed action,will existing permit/approval require modification? ( )YES ( NO If Yes,Ilst agency(s)and permit/approvals: I certify that the information provided above is true to the best of my knowledge Applicant/Sp.. sor Name: ►.� ,IrMj Date: '%/N/ Signature: / i/ f If the action is the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessn • c)• r 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 t take whatever action is necessary to avoid same. YOUR NAME: O&/Vl.1_ , ► ) a (Las name,first name, mi e initial,unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If me the a J I I � /J � name the activity: 0 7 (�l,a/Yl2{ Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X' If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 officer,director,partner,or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t ____4_day of :5-r14: d Signature: d _ Print Name: '&90-k I// IIN4 �® ilk® f, '5Ww� 6. ELIZABETH A.NEVILLE � 443 111 Town Hall, 53095 Main Road TOWN CLERK ", t y P.O. Box 1179 REGISTRAR OF VITAL STATISTICS r `' Southold, New York 11971 MARRIAGE OFFICER � ' &v. .of' Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER : ®I Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER .��,.••• southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: November 18, 2004 RE: Zoning Appeal No. 5638 Transmitted herewith is Zoning Appeals No. 5638 - Donna Cook -Zoning Board of Appeals application for variance. Also included is Notice of Disapproval dated August 27, 2004, amended November 10, 2004, including subdivision map;Notice of Disapproval dated August 27, 2004; letter from Donna Cook regarding her request; Application to the Zoning Board of Appeals; Area Variance reasons; Reasons for use variance; Project description; ZBA questionnaire; Short environmental assessment form; Applicant transactional disclosure form; Application for waiver; Applicants reasons; ZBA questionnaire; lot waiver questionnaire; applicant transactional disclosure form; Building permit#28549Z; letter from Board of Appeals dated June 27, 2002, including determination of the Zoning Board of Appeals (three pages); Subdivision application dated August 23, 2004; copy of tax map; property record cards SCTM #1000-78-6-8 and 1000-78-6-9; copy of tax bills, 2004, 78-6-9.2 &78-6-9.3; copies of five deeds and copy of subdivision map. , Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/17/04 Receipt#: 104 Transaction(s): Subtotal 1 Application Fees $550.00 Check#: 104 Total Paid: $550.00 Name: Cook, Donna M 6900 Main Bayview Rd Southold, NY 11971 Clerk ID: BONN IED Internal ID:101762 • 'i...1•10'" " •.* APPLICANT iSK TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of i. interest on the part of town officers and emplbyees. 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. / • C 1t YOUR NAME: Ok W/ itif (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other )( �1 . (If "Other," name the activity.) I ilerq(4' GoG . Do you personally (or through your company, spouse, sibling, , • parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business - • interest" means a business, including a partnership, in which the town officer or employee has even a partial • ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO 1 ' • 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) and7or describe in the space 1 provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the • applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP • '' r Submitted th's day of ,...)All '' / / Signature /, :::2*Print name 04)10/41det ••••• 0 MT, MO y 10.9 Y W)( \i eu Va TaR IDAd / ✓ c.--? _=7-.....:_________ / �� / . ' {gIOn s . T• o Q � /^ ©© d IOS J ,w u a19 _ • y O is• -F10,16 lo !as '1 'es (o e w �. + i.o1q`z , $ TOWN OF 4 ioIw + a , ` a 0 T. ;` ,...L 111W•o.`d� o aSOU �° ,, 10:3 ` (L0. 44J .,1Fo.ARi '�� 55 P Po, 1341: QT9.94(o //xN • rsa. . I0 ` 7 V" . e Y• SEE SEC NO 077 / • oo ,y 4L1111%tr it% ,. ,_ 1 • 2 J. Qo /DJ G // / e eo = in; 1ao COUNTY OF SEE SEC NO 075 e• ' b k J4,, 'v - -m SUFFOLK , , • , • L. 4 lin Town or yyy,,, , OUnIOID c,. k, .p` o O O O e' oda Jd°,+ {\4 42 z!' =1B _ .. 4 .... 1‘4. P r 4j�,'Q, ty C 19 16.1 Ii i. ',;4''''-'''''':. � N 4.•I BAS VI ' RD. 3 w aq ypNis ;\ao� ik'DR (aoy c/.rl rol. 4, 42 43 rAa 0951 eat. 2iP P. • , Fra., e2,._ I LeA(D t • 72 T n• a' r Jo,•' fee' 1 ••• „ a ( 54 5;OA Ilk �.�'a 1 rJ 'S f ) 47 �W;1 i•� I If o r0. 1;111 4P106 ze nB 3q' *� e4311111C tily I y _ (t) 19A ) - O( 4. 41111 n49•21 pew° "7/ ♦, \ y + k ( t •' 39 r' 153 a LweRTY LA. (ao 2411.*,... gas 9 'a2d /0; 9 3Eee 4, .dipp, . - o, :,•3.N 1 3S sD.7R ) ad >� . -;Vaiii .,,...40,-• • 4 lliF gilt!g a1 1 Jim '2,6j '7q 3Q' ¢.7A(al IEill°., 9f 47 �oyb:::;) i3LA T'£ R RD•(aooviiii. nI "� illt 7°414 •.. 100 __ .. . -. , 5 . ,.., )k De ro.g Att e ig7e.a lil I. Q.. ` 4. _ 14e1 $4 l .=" S 6 r14 P_ '�)•('ilt/ BO A(c) °p `5lik att4.t 9 mot: © • !O E({' !24r x 14Aid 2.3 A f $ 14,3 - 3 Ia ° LA• 1 r s ii.a' 4, 1a nr illi_Q � oiriik .ox , Jr k _ 6: 2 144frik 0 Scow ' a� 'i'I,n`.Er ,_' dr i �"� (y�4.• 'O u>nvr Ii2N De-g3 uxL a �� / ..� ! E8 np.WT OTIICNWIBE. ALL MOPENTIC. (6 117,14 1['� • ARE YITNIN THE POLLORINO MaTRICTe. 'T' -e ` �.+ �`.T` ...' .L" `•- —(,-Nn IEE SEG to YAMTCM,NGC.NOTICE TCP.TH)x�8.L Op SCHOOL-3 HYDRANT SEWER w ' �� / \91-010 •U OI.O eW Of PORTION Dr THE LIRE 9YP.OLN CDUMTT TAS YAP IS PROHIBITED LIGHT SATIN WIDOW AX STR011 or THE PASN_ ..MirSE REAL LL PROPERTY OPERTY T sums savor • Legend KEY PAP © COUNTY OF SUFFOLK roisoF SOUTHOLD SECTION No n District Lim --F•-- Were .I,I el Lm._—N__I Sabd.tuw LW N.. f31) 0 J r"� .,Mania Line --a--- Were DSI ae Line----R-- bed Ow,e,ion O. O68 o OTI O ,00PILLAGE OF r TVC 'f Real Property Tax Service Agency Ekl DIOnn Line __L--- aleck N.. O2 Scald D...nalan 67'. ore OP.fioTO SCALE Di FEET COUnly Center Otsr cr No. 1000 irk Dla,dn Lin. ---P-— 73 D•41 44 PAM GMB loar ose .N.. m) e.l..l.,.dw.. 17A(al Riverhead,L.1,New York Dam ar 0007.2.4PROPERTY MA \-- 0 APPEALS BOARD MEMBBRS `' /�'�it� ���FFRf C ` �A Q� 4 I, Southold Town Hall Gerard P. Goehringer,Chairman '_i*7 'A53095 Main Road Lydia A.Tortora % y P.O.Box 1179 %Q\ \ ' George Horning *t '• 'ft �t Southold,New York 11971-0959 1 1' -1 Ruth D. Oliva a� �i ZBA Fax(631) 765-9064 • r Vincent Orlandokit ''..--A ► aet' Telephone (631) 765-1809 '� 1. http://soutlioldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD • FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20,2002 • • Appl,No.-5118-Donna M.Cook. Property Locations 6900 Main Bayview Road,Southold; Parcel 78.-6-8. • BASIS,OF. APPLICATION; Building Department's March 3, 2002 Notice of Disapproval for the reason that appli• eants' proposed addition does not Meet the code requirements for a minimum 40 ft. • front yard and single side yard of 15 feet. AREA'VARIANCE REQUESTED: Applicant is requesting a variance under Section 100-24413 for an acl]!ti `to the'existing`dwelling,on the second floor, which will be within the nonconforming footprint of t}e'dwelling,priese gtly 26 feet from the front Iine, and single side yard of 11 feet. (Please see map• disapproved by the'.Building.Department of record for additional details.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002,at which time writteri and -.oral evidence was presented. Based upon all testimony, documentation, personal . • inspection of the property and the area, and.other evidence, the Zoning Board finds the following facts to be'true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on south side of Main Bayview Road in Sogtkold..•-The lot is improved with a one-story frame house and accessory garage, as shown on the September 20,2001 survey,revised October 10,2001 by John C.Ehlers,L.S. REASONS FOR BOARD ACTION: In accordance with•the review standards set forth in Town Law ' 2676-3 "area variances, the Board has considered the benefit to the applicant if,the variance is granted, as,weighed against:the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1.. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The setback of the existing house is nonconforming at 26 feet,,and'a second story addition would not be possible without a variance. Some variance from the'Settiack requirement is necessary for a second story. 2. The benefit•sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other.than an area.variance. The house as exists is nonconforming at 26 feet. A second story-addition is not unreasonable. 3. The variance granted herein is not substantial. The setbacks already exist and are not being further reduced: • 4. The alleged difficulty has not been self-created. • • . P. Page 2—June 20,2002. ZBA Appl. &o.5118-Donna Cook Parcel 78.-6-S at Southold • • 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impart on physical or environmental conditions in theneighborhood.• .6. Grant of the'requested variance is the.minimum action_necessary and adequate to enable applicant to erijok the benefit*of. a'second-story, addition with.rear deck, whip preserving and protecting the character'off'the heigbbbrhood'and the health,safety,and welfare of the community. BOARD,RESOLUTION ACTION OF.THE BOARD: In considering all of the above'factors, and apply'ing`'t#X6:bnlan&i% test uii&er New-York Town Law, motion was offered by Member Oliva secoitde&hy Ienrbe'r'I3orning,,and duly carried,to GRANT the variance as applied for. This action does not authorize.or condone any current or future use, setback or other feature of the subject property that violates the Zoning-Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the:Board: Ayes: Members Goehringer (Chairman ortora, Ho ' , Oliva, and Orlando. This Resolaition was duly.adopted(5-0). • GG:1WEt / • / and P. Goehringer,Chairman 6-26 ►. kiECEIVED AND leiLED BY THE SC HOLD TOWN CLEC DATE blc21lo 1 Tawe Clerk, Town of Southolu • , FORM NO.3 NOTICE OF DISAPPROVAL DATE:March 3,2002 TO: Donna M.Cook .6900 Main Bayview Rd. Soiithbld,NY 11971 Please take:notice that your application dated February 26,2002 1 9`6 /f 011°� For permit to.make additions/alterations.to an existinsingle family dwelling at Location of property:6900 Main Bayview Rd.,Southold.NYt tiff) County'Tax Map No. 1000-Section 78 Block 6 Lot 9.2 Is returned herewith and disapproved on the following grounds: The proposed addition/alferation to anon-confonmrng structure on a non-conforming lot with two front yards is not permitted,pnr'Snnt to Article XXIV Section 100-242.A.,which states; "Nothing in this article shall be deemed to prevent the remodeling,reconstruction Or enlargement of a non-conforming buil ding_containing a conforming use,provided that such action does not create any new non-conformance or increase the de_gree of non-conformance with reg_ard to the regulations pertaining to such buildings." Therefore,the proposed addition to the existing non-conforming single family.dwelling.is not permitted pursuant to Article XXVI Section 100-244 which states that non-conforming lots,measuring between 20,000 and 39,999'square hi total size,require a single side yard setback of 15 feet and a front yard setback of 40 feet.The plan note an existing single side yard setback of 11 feet and front yard setbacks of26•and 18 feet,all of which will be maintained as a result of the second story proposed addition. • Lot coverage,following the_proposed addition,will be+/-seven percent. / 2—t_ Authorized Signature CC:file,Z.B.A. tOWN•O1+SOUTHOLD - .. •r. BUILDING qr APPLICP _ CHECKLIST BUILDING DEPARTMENT' Do you or need the following,before applying? TOWN HALL Board of Health SOUTLIOL-D,N"Y 11971. • • 3 sets ofB,' mg Plans TEL:765-1802 Survey Y PERMIT NO. Check, . • Septio Fore NY;S.D.EC. Trustees',-.Z, - • ., ' ' -;20 _, . .. • = . Contacts - . ' Appraved 0 ,20 Mail to: , 1 Disapproved VC 3 5 G•2-. • 1 ` Phone:%S—cQ 9•s!jQ 1 • • '1 �r—'IP : g...rl ( 'n,,-s. •Buildinglnsp , • 1 �1( J��+� 2 5 �j(�ry- �" i, Inspector t � 2UO APPLICATION FOR BUILDING PERMIT I. -','', BLDG DEP—--` `!- MINN•FSan UOLfl ,20 t9 ? , Date 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 tb schedule. . - j 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 Buildinghrspector will issue a BuildingPermit to the applicant.Such a permit ' } ahatl be kept on the premises available fof inspection thrdurout the work. e.No building shall be occupied or used in whole al:in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector., APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone,Ordinance of the Town of Southold,Suffolk:Couinty,New York,and other applibable Laws,Ordinances or Regulations,for the,bons Taction of buildings,:additions,Oi alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinar ces,',building code,ho in code,and regulations,and to.admit authorized inspectors on premises and in building for neceisary'in'spections, 1 644 awl__ . 7; ignattae'ofapplicanrorname,if acorporation) /00 n4)4, iii./,' /4014(/) a (Mallrngaddress .Pull"�/ i.State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder r t, Name of owner x)of premises Ott} ••a ok_ ` (as on the tax roll or latest deed) �� 0 ell) If applicant is a corporation,signature-adulyauthorized officer 6 ?,® (Name and title of Corporate officer) (,_.....i , Builders License No. 1 1 b lumbers License No. --�IL b Electricians License No. '.— 7 ' fli er Trade's License No. 1�I S. . Lociltion of land on which prop ) fork will be done: o { j AJ,® /l ?i (�9a D !�/j �iJ ,t5 �pG1L l Cl r House Number Street 1 Hamlet 5Q - County Tax Map No.1000 Sdction /a o 0 Block 7g- ,7 ot�,T , = v`+,9 Subdivision Filed Map No. )hoYv;s(6 toI btu,�;.'}„�',;:a;O Name) 'tfi`uri,. O ...,ts tc,Cr.:,,t .�os.b a.-AA.z.3.,,ixa m,9T ✓ Jo Ail Ap ��� ® 't7177/'-‘"\ MAILING ADDRESS: PLANNING BOARD MEMBERS /e ®� • s P.O. Box 1179 JERILYN B.WOODHOUSE Southold'NY 11971 Chair ® - OFFICE LOCATION: RICHARD CAGGIANO ® - � .-3s 1� Town Hall Annex WILLIAM J.CREMERS ® • �® 54375 State Route 25 KENNETH L.EDWARDS i 0 ,0i� MARTIN H.SIDORfir° (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: January 20,2005 , ` i/��/�S ',pm) To: Ruth Oliva, ChairGYU—aCPQ \ Zoning Board of Appeals te J From: Jerilyn Woodhouse, Chair Planning Board Re: Request for comments on Donna Cook Variance Application SCTM# 1000-78-6-9.2 &9.3 Appeal#5638 The Planning Board has reviewed the variance application for the above-referenced properties and offers the following comments and/or recommendations at this time: 1. The subject properties were merged in accordance with the merger provision of the Zoning Code of the Town of Southold(Section 100-25). The primary objective of the merger law is to bring nonconforming lots into compliance with the bulk schedule requirements of the Zoning Code. 2. The total area of the lot is 20,896 sq.ft.,where 40,000 sq.ft. is the minimum required in the R-40 Zoning District. If the ZBA approves the waiver of merger and grants the variances for the lot line change,parcel 1 will be approximately 7,500 sq.ft. and parcel 2 will be approximately 13,500 sq.ft. 3. Planning staff conducted an inspection of the property to verify the presence of wetlands on the southern lot. A copy of the aerial photograph is attached which clearly shows a wetlands pocket covering a large portion of the southern lot. Once appropriate setbacks are applied,it is clear there is little,if any,buildable area on this property. Accordingly, the Planning Board finds that even if a waiver of merger is approved by the ZBA,it may be difficult to obtain permits to develop the lot. Construction of a single-family residence may require permits and/or approvals from the Town Trustees,the Suffolk County Depai tuient of Health Services and the New York State Department of Environmental Conservation. For the reasons stated above,the Planning Board recommends the ZBA coordinate review with the Town Trustees to determine whether or not they have jurisdiction over the proposed project. Cc: Heather Tetrault, Environmental Technician :0 ) - 3 ', ..� r- I -• , y f «for y., tir.:, T 'fit.i . / " '.. 4 1 ;,.- .�. rt i I ,i L.. . ,„4 „, ;Aft.?/' ',,,,/ i400H, , , / .r y T. - 'ilk j,.1 , r. y R' it ',4F.ai 41,410111/: -Aitita ' , :4.7%7 16" , 1 Z*b - ,— !1 !. . l �` �f a►t + , -- 4r, - _ _ 11_0, /i.,,, . . ,r,1 ,0,,,,.„L",.1 . . #0., , ,.. ....k $ ' ....,,,,,,j4- iiiir , ,..;44'- I, ..___ A 4., .....1- - -,... ,,,z' .0--4:-/4.-"::''''-' . l aurE 1�;4/ -- .. , • ,..,/, , • �. .f - ..... r---. ., ,. .. . . . ,.. ,, .. 1 / ti.. , .. , t........ , r ft..... f.vl - A ^4it / F I, rte . w, r rW r, " , k. 4,1 Villit, . :4411' �� 7R'R \k) A A1,1 \\P lt)°).11r)-1A ` Q10111 yFF011(; Albert J. Krupski,Presid t 44.#�Q OG Town James King,Vice-President h • 'tom 53095 Ro • Artie Foster d - P.O.Box Ken � Southold,New York Poliwoda / A. Dickerson � y •5, 1 , VPggy Telephone(631) 7 � 1 �+ ,0 Fax(631) 765-1 b:ACi BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 12, 2005 JAN 1 4 2005 Donna Cook 6900 Main Bayview Road ZONING, BOARD OP APPEALS Southold,NY 11971 Re: Lot 78-6-9.2, 9.3 Dear Ms. Cook, A recent site inspection of your property revealed the recent clearing of vegetation within the scrub-shrub wetland on the rear of your property. This is to notify you that you are in violation of Chapter 97 of the Town Code regarding Wetlands on the above referenced ' property. According to Chapter 97 any activity within 100' of a wetland requires a permit from this office. Be advised, that there is to be no further,clearing in or around the wetland/scrub- shrub area on your property without first obtaining a permit for the action. Any further activity within the wetland may result in a monetary fine up to $4000.00. Please contact this office if you have any questions regarding this notice. Very Truly Yours, ° a Albert J. Krupski - President, Board of Trustees AJK/hct ___ ... .,10..,.L 1.,.,11,G1�. ,,epanment's August 27, 2004 Zone: Limited Busine-� Location of Property: . 680 Notice of Disapproval,, "(led 1:20 PMT' Mason D-" ' Cutchogue; CTM November 10, 2004, tl pli- KANARAS #56� 104-7-3. cant requests: a Lot Waiver unde. of the Town Law and Chapter 9:55 A ON TISOI' and a Waiver under Section 100-26 26 to unmerge, 100(Zoning),Code of the Town DIANE GIARDI #5695. to unmerge properties referred referred to as CTM\ of Southold, the following pub- Request for Reversal of the to as CTM 1000-78-6-9.2 and 32 and 1000-106\ lic hearings will be held by the s February -9.3; properties have bee\ SOUTHOLD TOWN BOARD Building Department SOFO HOLDS at the Town Hall 28,2005 Notice of Disapproval, Variances under Section 100- common ownership as concerning a new second-story 32 for a reduction of CTM 1000- the Building Depa 53095 Main Road, P.O. Box addition which the Building78-6-9.3 from 14 984+-sq. ft.to January 28, 2005 No\ -�1179, Southold, New York 11971-0959,, on Wednesday,Yo4 Inspector states will constitute 13,500+- sq. ft., and increase of Disapproval and Section\ an increase in the degree of non- CTM 1000-78-6-9.2 from 6,098 25. Location of Pro e May 4, 2005, at the tithes noted, conformance at less than 35 feet sq.ft.to 7,500+-sq.ft.,resulting Ruth Road,Mattituck. below (or as soon thereafter as from front lot line, or alterna- from a proposed lot line change 1:30 PM JANET LARS1 possible): tively a Variance under Sections in this R-40 Zone District(in the and CAROL WITSCHIEBEI1 9:35 AM CLIFFORD 100-242A and 100-244B, at 170 event the Waiver to unmerge is #5701. Request for Variances, SCHRIEFER, JR. #5689. Laurel Avenue, Southold; CTMgranted). Request under Section 100-26 , 56-3-4. under Sections 100-242A and\ for a to unmerge 11:05 AM JOANN WALKER 100-244, based on the Building for a Waivere (vacant land) from 10:00 A.M. DONALD and #5623. This is a request for Department's March 18, 2005 SANDRA ANNINO #5663. Variances under Section 100- Notice of Disapproval, for the CTMthe 70-8-9 (improved).Inspector's Based Request for a Variance under 239.4b, based on the Building reason that the proposed addi- onNovember Buildingil 204 Notice Section 100-244, based on the Department's May 7, 2004 tions will constitute an increase Nisapproval,the have Building Department's Notice of Disapproval,amended in the degree of nonconfor- Disa iproval,the propertiesr Section lave December 1, 2004 Notice of May 20, 2004, September 17, mance with less than 15 feet be. Locationgd Property: 700 Disapproval concerning a pro- 2004, October 1, 2004, and minimum on a single side yard, `2nd 800 ofGardiner'sPre Lane posed addition with alterations February 7, 2005, for proposed at 1000 Sound Beach Drive, Southold. at less than 50 feet from the rear additions (second-story" addi- Mattituck; CTM 99-1-5. 9:40 AM AND JANE lot line,at 1400 Hiawathas Path, tion, swimming pool, and other 1:40 PM ANTHONY and RUBIN REED. Request a Southold; CTM 78-3-48. construction)at less than 75 feet DANIELLE CACIOPPO Variance under9 Section 100-32, 10:10 AM EUGENE AND from the bulkhead, at 290 Town #5486. Request for a Variance based on the Building100-3GEORGENEgBOZZO #5668. Harbor Terrace, Southold; CTM under Section 100-244,based on Request for a Variance under 66-1-33. Department's March 21, 2005 Sections 100-242A and 100- 1:00 PM W. BRUCE and October 14, 2004eN ticentof .Notice of Disapproval, concern- 244B, based on the Building MARY ANN BOLLMAN Disapproval, amended ing partial reconstruction of the ing at upper sono the Department's Notice of #5680. Request for Variances December 23, 2004, concerning existing/alterati level) for the read Disapproval amended August 2, under Section 100-244,based on proposed additions with alter- son the will a- 2004, for relief from Condition the Building Department's ations to the existing single-fam- son thatd from height.5 storieswllbe No. 2 under ZB Decision 5567 February 3, 2005 Notice of ily dwelling at less than 40 feet threecstories. Location rendered October 7,2004,for an Disapproval, concerning an from the front property line, at Property: 530 Private of elevated lower deck, at 4135 application for a building permit 1455 Inlet Way, Southold; CTM Proper : off the north Roadside 8 Camp Mineola Road,Mattituck; to substantially remove or 92-1-4. S.R.extending25, East Marino; CTM of23- CTM 123-5-27. demolish existing dwelling, and 1:50 GEORGE D. KOFINAS 1-1. 10:30 AM KRAUSE FAMILY to construct a new single-family #5693. Request for a Variance 9:45 AM DECLAN TRUST#5700. Requests for(a) dwelling: (1)at less than 10 feet under Section 100-30A.3, based Reversal of Buildingon a single side, (2) at less than on the Building Department's MEAGHER#5698. Request for Department's November 8,20025 feet combin dside yards, (3) February 16, 2005 Notice of a Variance under Section 100- Notice of Disapproval concern- with lot coverage exceeding the Disapproval, concerning pro- 239.4B, based on the Building ing its determination that the code limitation of 20 percent, posed additions with alterations Department's March 7, 2005 building is designed for a second and(4) at less than 75 feet from at less than 15 feet for a mini- Notice of Disapproval concern- dwelling use, and (b) Variance the bulkhead. Location of mum side yard, at 552 East ing a proposed swimming-pool under Sections 100-242A, 100- Property: 1755 Trumans Path, Road, Cutchogue; CTM 110-7- at less than 75 feet from bulk- 33C, 100-31A,for additions and East Marion; CTM 31-13-4. 18.2. , head, at 750 Blue Marlin Drive,, structural alterations to existing 1:10 PM JOHN and GEORGE The Board of Appeals will • Southold; CTM 57-1-29. accessory barn which will GIANNARIS #5699. Request hear all persons, or their repre- 9:50 AM JOHN and SUSAN increase the degree of noncon- for a Variance under Section sentatives, desiring to be heard CORBLEY #5675. Request for fortuity with setbacks at less 100-82, based on the Building at each hearing, and/or desiring a Special Exception to authorize than 50 feet from the front lot Department's February 24,2005 to submit written statements an Accessory Bed and Breakfast line, at 1212 New Suffolk Notice of Disapproval concern- before the conclusion of each as provided under Article III, Avenue, Cutchogue; CTM 116- ing proposed additions and alter- hearing. Each hearingwill not Section 100-31B-14 of the 6-10.2. Sectio Code, for1the renting ations to existing restaurant start earlier than designated 10:50 AM DONNA COOK within 100 feet of the front lot above. Files are available for ip to two rooms in the appli- #5638.Location of Property: 25 line alongNYS Route 25. review during regular business :ant's owner-occupied dwelling and 425 Private Road#12 also Location f Prope Hellenic hours. Ifyou have io 'or lodging and serving of known as Windy Point Lane), Restaurant, 514Min Road, please do ot hesitateu to call treakfast to not more than six Southold.Based on the Building East Marion; CTM 35-2-14. (631)765-1809. :res 4,;;' :0•P ,',—, . 1 ?:_ :, _ IIECE -LEGAL ' SGLTTHO ' �°,�,•� r:- tr„ ,PEALS.''= APR 2 6 2005 '�O�'D O�`APPEAI•'.,S'' , - 1-4.=WE®NESDAY,i>LW 4;12005 _!, ='.NplICE,(, ,I li .•f9HEREBY GIVEN ursuant,to,Section 267 •• ZoNINC 8p F� +rtr..;,P . ; _ COUNTY OF SUFFO ARD OF — STATE OF NEW YORK ss: aaPEAcS Jacqueline M. Dube, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of yi ,y,.. which the annexed is a printed copy, has ./I0TizJ,' been published in said Traveler zi 51s31::: M T. . monw frer.;, -..pf Watc man once each week a v :41 ', for 1week(s) I successively, cening on the 1---1 7day of • (.1...�`.,.. , 2005. worn-to before me thi) l.....day of ▪ i:.1 L.,. ,2005. noitz<7to i -,,,- -,1-:.,,,... : 9rIi r1 , ,G •ri Y V 22.)0i ur.” Notary Public 9rir lo inns if Emily Hamill NOTARY PUBLIC,State of New York No.01HA5059984 Qualified in Suffolk County Commission expires May 06,2006 1"Lv ; :."r" ;,3vu ,. Pg c/10S 51-02-et $4 MCGINNIS LIVING TRUST ,_ �i FRANCIS AND CATHERINE MCGINNIS (� cork Olt. OWNERS AND TRUSTEES ����® 490 WINDY POINT LANE REQ SOUTHOLD,NY 11971 APR 2 8 2005 April 27,2005 ZONING BOARD OF APPEALS Ruth D. Oliva Chairwoman Board of Appeals Southold Town Hall 53095 Main Road Southold,NY 11971-0959 RE: PUBLIC HEARING MAY 4, 2005 DONNA COOK# 5638 PROPERTY LOC #25 AND 425 PRIVATE ROAD #12 We have received a notice that a public hearing will be held regarding Ms. Cook's request to unmerge her two pieces of property. Our property abuts Ms. Cook's on our northwesterly edge. We have absolutely no objection to Ms. Cook's request to unmerge her two lots. We have only one concern. If Ms. Cook wishes to separate these two parcels she must have some thoughts or plans regarding the rear southerly lot which abuts our property. Either she or any prospective purchaser may plan to build on this lot. Since Ms. Cook's rear lot is under water a great deal of the time the property would need to be regraded to alleviate this condition. Whenever we have heavy rains we have flooding on the westernmost edge of our property. This is due, we believe, in part to the water table and possibly to runoff from adjacent properties as we may be at a slightly lower elevation although we have never researched that possibility. If Ms. Cook's property is regraded the water formerly on her property has to go somewhere. That is our concern. Therefore, we urgently request that when this parcel is regraded that it be mandatory it is done in such a manner that it is graded away from our property and towards the road so we don't Find ourselves with permanent waterfront property. Re pectfully yours, �euir OF therine and ra cGinnis Trustees 05/04/2005 15:29 151647819 PAGE 01 i� .;1" felt /)2,,,_e.46 si RECEIVED MAY 4 ® 2005 c �3c 'Ni ZONING BOARD OF APPEALS Southold Town Board of Appeals Re: Legal Notice Public Hearing Docket#5638 Donna Cook Appeals 5/4/2005 May 4,2005 Attn: Ruth D. OIiva Chairwoman Ruth, Please note my request to not allow Donna Cook unmcrge the said property,as attached.The change would result in the sale of the property for construction of a home. Since the properly is extremely small, any kind of house would not follow an improvement in this neighborhood. I must apologize for the not making this hearing. I was away on business and could not make a hearing in Southold Town Hall. I hope you will consider my wishes and not allow this subdivision to take place. Ate �'ag er ner // Southold, 180 Windy Point Lane Southold,N.Y. 11971 PO Box 982 Private Road #12 05/04/2005 15:29 15164789 PAGE 03 •' . • October 17,2004 Southold Town Zo�n�angBoard of Appeals 111 Southold NY 11971 I am requesting the properties I own at 1125 and#425 Private Road 12 be unme ged I am also requesting the lot line between them be changed by 26'to allow the garage to become part of#25 which has the house ou it This will leave#25 Private Road 12 with a house and 2 car garage on 60'x 1 'and#425 will be a lot 60'x 2�_ This was my intention when I purchased them in 1994 and 1 am asking the Board to allow me to do it now. Sincerely, c:. Cools 0 6900 Main Bayview Road Southold,NY 11971 631-765-2956X/ 7 I (710 r &hi., ;51- 606„,e,e 92124111-te:4.-, p )tI4t4cto-kAzd 94d 1A);11 /haw., ( ( x /60 41I/025W /644#144-' &'OX0Q0 fliecth.eto cdo, 4fir:A..4 efAcia/kra-4x4 .J auti,„ G a.a . ageteaz- ealiZ,kw ,iLoxer-101 (4-1:41 4 4114 05/04/2005 15:29 1516478c"9 PAGE 02 4111 RECEIVED L &my 4 0� LEGAL NOTICE xoN�N APP EALs PUBLIC HEARING o �oAsn of SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, MAY 4, 2005 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 APPEALS it the Tow -309-6 TVIain-FFoad, P:6:"fox 1179, -St uttT 1;-'Taw York • 11971-0959, on Wednesda , a 4 2005)t the time noted below (or as soon thereafter as possible): 10:50 AM DONNA COOK#5638. Location of Property: 25 and 425 Private Road #12 (also known as Windy Point Lane), Southold. Based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004,the applicant requests: A) a lot waiver under Section 100-26 to unmerge properties referred to as CTM 1000-78-6-9.2 and 9.3; B) variances under Section 100-32 for a reduction of CTM 1000-78-6-9.3 from 14,984+- sq. ft. to 13,500+- sq. ft., and increase of CTM 1000-78-6-9.2 from 6.098 sq. ft. to 7,500+- sq. ft., resulting from a proposed lot line change in this R-40 Zone District (in the event the Waiver to unmerge is granted), 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: April 11, 2005. Ruth D. Oliva, Chairwoman . Board of Appeals 0/1-A Q ,,ZONING BOARD OF APPEALS ° _ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road at Youngs Avenue, Southold April 11, 2005 Re: Chapter 58 — Public Notices for Wednesday, May 4, 2005 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before APRIL 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by APRIL 21St: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. 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 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. 2) Before APRIL '. • - make arrangements to place the enclosed Pos - -n a signboard such as cardboard, plywood or . - ■•.terial, posting it at your *roe- - or at least seven (7) days and kept in place till the hearing •a -. -c - • ace the sign on your property facing the street, no more than 10 feet fro ■ - prope , '•e bordering the street. If you border more than one street o • - , an extra sign is available for - - additional front yard. Please also del' r Affidavit of Posting at the meeting (or earlier if poss.6 - . If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. • NZ' LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, MAY 4, 2005 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 Wednesday, May 4, 2005, at the time noted below (or as soon thereafter as possible): 10:50 AM DONNA COOK #5638. Location of Property: 25 and 425 Private Road #12 (also known as Windy Point Lane), Southold. Based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004, the applicant requests: A) a lot waiver under Section 100-26 to unmerge properties referred to as CTM 1000-78-6-9.2 and 9.3; B) variances under Section 100-32 for a reduction of CTM 1000-78-6-9.3 from 14,984+- sq. ft. to 13,500+- sq. ft., and increase of CTM 1000-78-6-9.2 from 6,098 sq. ft. to 7,500+- sq. ft., resulting from a proposed lot line change in this R-40 Zone District (in the event the Waiver to unmerge is granted), 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: April 11, 2005. Ruth D. Oliva, Chairwoman Board of Appeals ':1ITTI u3•°w(.^rf�ri'••s: "^*Sam 1. "? �!",::-..-,'=----- -_,1........_..-_::.---=---_-:-_-'-:-:---1-z_7:2--177.:7"-:,--:::,- ,-;,..-,.... _ - �N�mrooErtxv.=r�s 'Atolcr�^ � +. _., _•��v. _.. �s --L:.=,_--- -lyv.l ate, ,. ., 3" i,", `�� v.� 7 -; �' WEE sEc. a,r L r �"'` S C.NO.070 ^ NO.071 l3 Y ',, .. '. , °i MATCH �� LINE - N 304 00 m a ':_...__e___...____ m a c . ypRE11NE - `fir\ ✓ 8 $ �/ II\I 43 12/ 15 m •A(c) y° cmc;e/.. �_ ti s 'ti ili A 10.20 n° 70WN Of '� gl LOA w4 SOUTHOLD 4.Y �. 7�+g0 PARI 'NO /'".. .. �p�c� ,'10.21 QO' 35 .• a �• k. 79.9A(c1 (www oPER(AYH /41. ''' SEE SEC.NO.077 11 1.1A(c) COUNTY OF SUFFOLK ! eSl L I / o �1 $4,.,9.7 O° t�� 4 // rcJ G "' .00 '`"� .�$ 17.1 s a 6,S $ 'n 1.3A(c1 ¢ $N 14.7A(GTOWN OF 20 a �(y,5 � SOUTHOLD - °4,@'j xm e �p41�-6� ,tel \�\'�43e VV7 j B it Q� allt 41.99 �,'� a l2F 29� 41.99 *4 t6 s 4/ j6' l6• #? 06, TF,`b s L,. 4 53 R c4Y�19 T •°( fi 8 +r ltCr�ra c'J n'x n 4v xaIli .. a $ �l9 & 8� 1y 4x4 a BAY 122 �W 4° 4g a' 4$ l�,o '? ty ' 33 DR. (50') qt me ® 017ma r m 3 uesi it 4. O l `P zb a '� a c $ 35 A. .16 a u° a 41 . 42 R 43 6 62• 53 m° e 'b l �' ?y t;, ,� 326 ^,9 100 4 42 m 4m sr18o,,9 IR$I R 4z.9 m u 1•ZIA) A. a l a' 8 'p, tp ® 4 4a >zs A!c) 1.8q(cJ & •CL o e b s a 8� 819 Al m a $ $ a to s 32,2 3 mg�lS,j4 4m 441 -52 a ° O w? ,e4(cJ 4 3?4O w <20�g d 39 Ei 40 >m 5ToO��SR�b�F ' r 0 �' '� r0 84n 138 Q ^ A - "KD •a oW 32.8 85.1-4 4m -7 421 m 9...454 „lira 1 n 55 u. 32q(c) ,..9A(c) $ 1141g '. '0124 0, X L° O m �N 75 ^ 5 9 @ D F.329 40 5 Re toga 2 8 38 1R��37 .m46cCZ3i,SOm LIIBERT 4o L A, 1 SA(cJ 3 3 xr4 3 231°1 r' F.^ _^ 4v ,� 4r 9 1 e< u 4 7 m a cr ux 4>. I �\ u g ' - `4 73 6 7 Slit .9 .1, e� a° c m 'y�4' w .1 .Z a24ma CC1774 .,e 2^ Oh ti £T 8 8 J 35 id , w Q$ m13 8 42 oma o°98y w 4 47 cri 32.12 1SU +.t 825g+g 3211 9 'v RD.60, °' 4n m F. um x 2 g 2 ,s; 4 29 coo as I(cJ® rd /1 42 IaO R R, it 4 .u 1 93 4a a'^cm R m2a 27 4 34.2 4'° 4A 30 4Ce 60 8 O- g 8r S S 4.° j7lg g 04(cJ 8 Q4°' c .i°R I.Oq(cJ 8 71.3 meat. 6 p°a13 InIllisr*A3'' ?� rm �' 45.1 is et g .33.4 se Ai t ySt • s - �? ra R 84 FIY a 30 1 30.2: 47. 4 $j 14 g n O u, 4 46 r., q 80 ° q6 Eas V..; 9 :Ali s 4,1 S. 4n, 34.1 7.4A(cl 2.3q! L.u. '0e 4 158 . »: 52 w 1..344 8 U $ 66 r°, RD, • ` b ,� 4 48 xn 61 R 67 u° t50O L e4) 8 p 8 99 a 4N 1.4A(cl ^4. uo 8 661 ,„ i 3 10 •,514r / i 4 1sR = 107 • u° *,a RD. 9 �o w ,, a: •.,u if '.. .'Pf a'fit Z0 U u° SEE°� rn 7 : g 4, _ ,WT nr7g4 087-05,1,NO3. ` a3 _a N 100100 FOR PC7.N0.�~`�� E M.lpy 6 ^ 2 • _ . 6S SEE SEG NO. / (667 u° 007-04-010 6 3•1 /1 6- y• / b - 13•I W b•io• i 7- 32•/O t, PRROPERTES o:•*.•, COUNTY OF SUFFOLK © K 070 07 Tom(OF SOUTHOLD SECTION NO 0 DISTRICTS* NOTICE K MAINTENANCE,ALTERATION,SALE OR ,' �. ®•Real Property Tax Service Agency Y 6n DISTRIBUTION OF ANY PORTION OF THE •'�. ` g County Center Riverhead,N Y 11901 M 075 100700 013 YLLACE°F 078 7 8 SUFFOLK COUNTY TAX MAP IS PROHIBITED -.•' •'!11 r'•- I V TER WITHOUT WRITTEN PERMISSION OF THE •°9g..,`..1., m0 o CALF N FEET 407 A .I REAL PROPERTY TAX SERVICE AGENCY. `' $�' I ��1 P 080 007 000 DRORET!U 1000 PROPERTY MAP CONVERSION DATE Apr.21,1888 - -- ---- - _--tea --`____---_ - - - - _ ----_ - - 473889 SOUTHOLD 78 . -6-11 490 WINDY PT LA = OWNER & MAILING INFO = f31 PIN) MCGINNIS LIVING TRUST 490 WINDY POINT LA kei __�„ 3 SOUTHOLD NY 11971 /�C D in-Lgr) 5 7 F-6 ---t( `e-gd. MC, C << r, LI Town Hall Albert J. paid,President l 1' ONO COGy• 5 095 Route 25 James King,Vice-President (e____o_d_ J o - P.O.Box 1179 Artie Foster 1 CO 2 Southold, New York 11971-0959 Ken PoliwodaO*477$/ Telephone(631) 765-1892 Peggy A. Dickerson =4 , 'le1 4, `0,„0 Fax (631) 765-1366 ,9 Zj BOARD OF TOWN TRUSTEES /4-tl-pcG1- a cTOWN OF SOUTHOLD March 30, 2005 Donna Cook 6900 Main Bayview Road Southold,NY 11971 Re: 6900 MAIN BAYVIEW RD, SOUTHOLD Lot 78-6-9.2, 9.3 Dear Ms. Cook, The Board of Trustees is in receipt of your letter of January 27, 2005. The Trustees have inspected your property and have determined that it is not fresh water wetlands. There are no freshwater wetland indicator plant species on your property. The plan that you describe in your letter to drain the area has been approved by Trustee Artie Foster. Therefore, your property does not come under the jurisdiction of the Board of Trustees. We will send a copy of this letter to the Planning Department, Building Department, and Zoning Board of Appeals. Please contact this office with any further questions. Very Truly Yours, Albert J. Krupski President, Board of Trustees Cc:Zoning Board of Appeals Southold Building Department Southold Planning Department AJK/hct 03/28/2005 11:14 6317656841 HYPERHOUSEPAGE 01 S�/_,� -/ Vatos" (2---- (._____ - . , , _ _,_, ,,,;_ . , . , , .__ _,,,-if--2_____-I 7 -- -- -- - -- March 28, 2005 Southold Town Zoning Board of Appeals Town Annex/North Fork Bank Building • 54375 Main Road Southold,NY 11971 Re: file # 5638 T am requesting that the public hearing for consideration of unmergging my property and changing the lot line be postponed until your next meeting on May 4, 2005. The Town Trustees office has not informed me of their decision regarding whether or not they now consider my property wetlands. They have informed me that they will be making their decision within the next two weeks, Thank you for your patience with this matter. S. .cerely, r `i .7 Cook 6900is n Bayview Rd Sou hold, NY 11971 765--29-5-6- . By fax: 631-765-9064 5-112- ----- c.e-a3( '. .,, , , - U'�� Date: March 28,2005 To: Ruth Oliva, Chair 2fl 1�`' i Zoning Board of Appeals ,, y-,' `ti�---`-"�}i..�� � �/ I 'y11-1 From: Katherine and Neil Saccamano 6990 Main Bayview Road Southold,New York 11971 Re: Cook Property Variance/Unmerge Application 6900 Main Bayview Road - Southold,New York I am writing to voice our objections to the proposed division of the Cook property. The current total area of the lot is 20,896 sq. ft. and is a grandfathered non-conforming lot size. By waiving the merger and granting a variance for the lot line changes you would now create two non-conforming lots in an already developed area. The purpose of this application of Ms. Cook I presume would be to produce a lot on which to build a home. This would entail putting in many cesspools in an already environmentally sensitive area. With the water table high in this area the impact of the new subdivided lot with a possible future home could result in our abutting property becoming flooded and or contaminated. incerely, ci ....,t.,Ns_.,...4....- ac..,_„.„,„.„.........„ ..r.„.....iz, -N-Las_. __2___.....,„...._._._____--- Katherine Saccamano Neil Saccamano 6990 Main Bayview Road Southold,New York 11971 Phone: 765-5773 Cc: Town of Southold Town Planning Board Town of Southold Board of Trustees Town of Southold Building Department 01/19/2005 14:55 6317656841 HYPERHOUSE PAGE 01 - r i _ • January 18, 2005 e ‘'S X3 — Southold Town Board of Appeals - Town MnexfNortbfork Bank 54375 Main Road • Southold,.NY 11971 Re: Lot Line Change and Waiver to Umne rge tots Dear Sirs, I am requesting that my Public Hearing scheduled for January 20, 2005 at 10:45 a.m. be postponed until your next hearing date. At this time 1 will be addressing the issue regarding the possibility that my yard has recently become wetlands. Thank you for your consideration of this matter. merely, f Donna Cook * 1bi3c' ) * 401 //,', 3. q,pK , ) E-,;4 • ZONING,BOARD OF APPEALS JAN 1 . 2005 TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT 0r0/0OF • MAILINGS (Name of Applicants) CTM Parcel#1000- 7 - - q,2 °I' e 3 l/Aos-P/ J.COUNTY OF SUFFOLK) STATE OF NEW YORK) I, V 0 00/1 6-0/C residing at 6900 (7na,f, ottriet4) 0= • ,New York,being duly sworn, depose and say that: O On the /6 day, of 4 ,�d65, I personally mailed at the United States Post Office in 51)It • ,Ne York,by CERTIFIED MAIL,RETURN RECEIPT • REQUES IED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the(Ki Assessors,or( )County Real Property Office ,for every property which abuts and is across a public or private str, t, or vehicular right-of-way of record, surrounding the applicant's property. , 1(Z/ (Signature) Sworn to before me this Ll day of3a1A,,,n ,2005 OBONNIEJ.DOROSKI (No T+'' Public) Notary Public,State Of New York No.01D06095328,Sun.,ffolkkCC�unty� T rt Ex�,s Jul 7 eJef- PLEASE list, on the back of this i v or obi a paper the lot numbers next to the owner names and addresses for which notices were mailed. 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Box 1179 Southold,NY 11971 .#4, 40' Southold,NY 11971-0959 ''0 http://southoldtown.northfork.net WARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, Chairwoman, Zoning Board of Appeals DATE: January 5, 2005 SUBJECT: Coordination for Reply/Comments The ZBA is reviewing the following application for an advertised January 20, 2005 public hearing. Enclosed are copies of the Building Department's Notice of Disapproval and ZB application with map. The Planning Board may be involved regarding a lot line change review under the zoning or subdivision regulations of the'Zoning Code, and your comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PR_ E PARER ZONE DATE DATE STAMPED COOK, 78-6-9.2, 5638 , 11/10/04 Bulk Schedule, Sketch Hands on DONNA 9.3 100-244B lot plan map Surveying (formerly line change only dated (with 8 & 9) if lot waiver 100- 8/2/04 applicant's R40 Zone 26 is granted; notations) northerly 7,500 sf has existing dwelling. Your comments are appreciated by January 14, 2005. Thank you. ide 6,1 , ,' ' G LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 20, 2005 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, JANUARY 20, 2005: 10:45 AM DONNA COOK #5638. Location of Property: 25 and 425 Private Road #12 (also known as Windy Point Lane), Southold. Zone District: R80 Residential. Based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004,the applicant is requesting: A) a Waiver to unmerge lots that have been merged under Section 100-25 due to common ownership with the first lot at a time after July 1, 1983. The applicant requests a Waiver to unmerge lots 1000-78-6-9.2 and 9.3 under Section 100-26; B) Variances resulting from a proposed lot line change (in the event the Waiver to unmerge is granted), for a reduction of CTM 1000-78-6-9.3 from 14,984+- sq. ft. to 13,500+- sq. ft., and increase of CTM 1000-78-6-9.2 from 6,098 sq. ft. to 7,500+- square feet. 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: January 4, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ���,, Office Location: �� O� OG ` Mailing Address: � •k ; Town Annex/First Floor,North Fork Bank Z 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold, NY 11971 ?,�Ol ��0 ,1 Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 January 4, 2005 Re: Chapter 58 — Public Notices for Thursday, January 20, 2005 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before JAN 10th: please send the enclosed Legal Notice,with both a Cover Letter including a con- tact person and telephone number and copy of your amended Survey or Site Map filed with this variance application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by JAN. 10th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. 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 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. 2) By JAN. 13th: please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If youborder more than one street or roadway, an extra sign is available for the additional front yard. Please also mail, or deliver your Affidavit of Posting at the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, , Zoning Appeals Board and Staff Ends. NôTk yr HtKIN The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: NAME : DONNA COOK #5638 MAP # : 78-6-9 . 2 and 9 . 3 REQUESTS : WAIVER TO UNMERGE LOT AND VARIANCES FOR LOT LINE CHANGE ( if unmerged ) DATE : THURS. , JAN . 20t" 10 :45 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765- 1809 FORM NO. 3 , , ' lie.\,. '` TOWN OF SOUTHOLD k BUILDING DEPARTMENT . / / ':*,/ ,oSOUTHOLD, N.Y. 1,,,.,/,7 v NOTICE OF DISAPPROVAL DATE: August 27, 2004 AMENDED: November 10, 2004 TO: Donna Cook 6900 Main Bayview Road Southold,NY 11971 Please take notice that your application dated August 23, 2004 For a permit for a waiver of merger and lot line change at Location of property 25 & 425 Private Road#12, Southold,NY County Tax Map No. 1000 - Section 78 Block 6 Lot 9.2 & 9.3 Is returned herewith and disapproved on the following grounds: The subject lot (78-6-9.2) has merged with adjacent lot to the southwest (SCTM# 1000- 78-6-9.3) 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. Furthermore, the applicant proposes a lot line change, once the lots are unrnerged. The proposed lot line change is not permitted pursuant to Article III, Section 100-32, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet. Parcel 1 (78-6-9.2), currently measures 6,098 square feet in total size and is improved with a dwelling. Parcel 2 (78-6-9.3), currently measures 14,984 square feet in total size, and is improved with a frame garage. Following the proposed lot line change, Parcel 1 will measure 7,500 square feet in size and parcel 2 will measure 13,500 square feet in total size. As a result of the lot line change, a nonconforming accessory garage will become conforming. This Notice of Disapproval was amended on November 10, 2004, after the applicant submitted a new proposed survey, changing the nature of the Notice of Disapproval. Allier Otho ed signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. l• - c FORM NO. 3 "Zge'r()3 8 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 27, 2004 TO: Donna Cook 11) 6900 Main Bayview Road '— a.- Southold,NY 11971 tit ID 1 O Please take notice that your application dated August 23, 2004 For a permit for a waiver of merger and lot line change at Location of property 25 &425 Private Road#12, Southold,NY County Tax Map No. 1000 - Section 78 Block 6 Lot 9.2 & 9.3 Is returned herewith and disapproved on the following grounds: The subject lot (78-6-9.2) has merged with adjacent lot to the southwest (SCTM# 1000- 78-6-9.3) 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 l 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. Furthermore, the applicant proposes a lot line change, once the lots are unmerged. The proposed lot line change is not permitted pursuant to Article III, Section 100-32, which states:, "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet. Parcel 1 (78-6-9.2), currently measures 6,098 square feet in total size and is improved with a dwelling. Parcel 2 (78-6-9.3), currently measures 14,984 square feet in total size, and is improved with a frame garage. Following the proposed lot line change, Parcel 1 and parcel 2 will measure 10,448 square feet in total size and the garage will be relocated to a conforming location in the rear yard. ,r" 1. 'zed Sit. ature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. U.S. Postal ServiceTM. N CERTIFIED MAILTM RECEIPT N (Domestic Mail Only;No Insurance Coverage Provided) Foj delivery information visit our website at www.usps.com® `m^ mai'N, IR 11�7 1] L U S E cO •_.•e $ 0.37 UNIT ID: 0971 1-9 a5:.-„_. _e 2.30 Postmark Eli stem Rodeo MEMHere ( nd Bement Rapp ) ,Res cte R rry Fee _ Clerk: KF9Cl4M I9 ( ndo a walked) . M04/18/05 To Ii9 _ %%O m A , O Sent To cam'42.0___kr v1 Ti - N Street,Apt.No.; or PO Box No. to n 14/44,6t //�7 „ . City,State,ZIPt4 1 Ii 1�.�._ Al Ii 9 PS Form 3800,June 2002 See Reversefor Instruction U.S. Postal Servicer. o CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.corne M SOU[HO NYS d,1� L L'.. ..L I is ul r Postage $ 0.37 UNIT ID: 0971 r-4 O Certi a 2.30 0 ` Postmark Re \\ 1.75 Here (Endofsem. Required) M Restrl -d Delivery Fee \CP\ Clerk: KF9CWN r-1 (Endors>ment�7Rewirt�'� rn T'to-.spge&$Feces ;yC 4.42 04/18/05 CISent TA<i'tte; �� ,, L w- 1:44.4.4: lti Street,Apt.No.; or PO Box No 0 Y� City,State,ZIP+• / ,ate/d-,.,�/ PSiForm 3E00rJune2002 ' - ''- '..i.1 .- o .P -r -'I. . .', i.. U.S. Postal ServiceTM m CERTIFIED MAILTM RECEIPT N (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come u1 staoLKF ii9ri, 0 A L USER co y ,,; -�,:i� 0.37 UNIT ID; 0971 in • ,rtlfied Fee !T o �p ,d 2.30 I=1 eV Rff Pd1F� 711121=/ 2� Postmark (Endo sem nt Req Ir ); Here 0 Resin ted.eiivery Fee / Clerk; KF9GWH 1-1 (Endors errequired) ri m Total Postag_`S 4.42 04/18/05 O Sent To 22 � -Stre�lVo.; �A�% �JJ JJ or PO Box No. 675 0 !�// ,�/_ /i- _f /e,,e City,State,ZIP+4di ! ! �Y"". #, -La Zd' IA / PS Form 3800.June 2002 Set.R- -r -t.r tr •. U.S. Postal Service,. ' CERTIFIED MAILTM RECEIPT ED (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come JAi I', 6 601 A D. U S E Postage $ 0.37 MIT I0: 0971 r9 O - Certified Fee 2.30 a Postmark O Return Reclept Fee 1.75 Here (Endorsement Required) Restricted Delivery Fee Cle • ' (Endorsement Required) m 4.42 /05 \,' Total Postage&Fees $ y co D Sent To k"4:e w/ ® ApR 8 2008 f- Street Apt.No.; L �— or Pe Box No. 42o 8 ej( 4SQ 44pii.), —, City,State,Z/P+4 A [_ PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal ServiâeTM ru CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) or delivery information visit our website at www.usps.coms rl _... 11- -...: 0_.er a n fA 1 Fi n ul . SUUTICLD, NY 119717 U `', .- 2.., 1,,,,; C L. Ln .43 Postage $ 0.37 UNIT ID: 0971 1-4 D9 D • C Ic1- riFez, 2.30 Postmark D /qv, 1 eP 1 i 1.75 Here (End rse -nt Raquel D R stn ed Dellverge \\ Clerk: KF9CWM 1 (E ment Reqtred) .., m . 0- 4.42 04/18/05 T .,stagf4 Fees :co m \').., . " IJ Sent Te>*? - 15:14: 1ov2 CI _ Street,Apt.No., , or PO Box No. IA Oak0 ilee4,4) 601,4„4,44.) City,State,ZIP+4 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT f (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms m jj,�„��,� ul SQUI101- NrU97,U _ AL USE coPostage $ 0.37 UNIT IIS: 0971 ���� I=1 Certified Fee 2.30 I=1 Postmark p Return Reciept Fee 1.75 Here (Endorsement Required) 9 Restricted Delivery Fee Com-rit :K 1 (Endorsement Required) o 1-9 CD ��'� c In Total Postage&Fees 4■42 4 :/05 \\y m SentT �� ep'i® O ..5 ‘.1,-)147.4.....� IN- Street,Apt �/0 �p� VV / or PO Box No. ay City,State,ZIP+4 to L'. U.S. Postal Service,. °; CERTIFIED MAILTM RECEIPT ct] (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Ln , at i'i9zCrl L UJ E `p Postage $ 0.37 UNIT ID: 0971 r-9 D Certified Fee 2.30 D Postmark D ^' ( t '„-. 41.;44 1.75 Here D e-- edDeliveryF-.) Clerk: KF9CWN r9 •(E' o nt Required - 1-1 m AI gal Pos/ i,s fi. 4.42 04/18/05 In D �4 ,,II,, D . p•v ;", I /�,.,.� VW or Pe Box No. W _ v I'� i gi/H//i City,State,ZIP+4 it / / / V/J/�[' / I ILI At/ PS Form 3800.June 2002 •-R•v-r •f.rIn tr ction 4 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of i)o,u,j AFFIDAVIT 4 (� OF MAILINGS (Name of Applicants) CTM Parcel#1000- - - X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 4esiding at) 6A) Ul�i 1 6 t( ,New York,being duly sworn,depose and say that: On the / day of 4r ,o��J, I personally mailed at the United States Post Office in Sok 4,0 c. ,New York, by CERTIFIED MAIL,RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the P'4 Assessors, or( )County Real Property Office ,for every property which abuts and is across a public or priv,le street, or vehicular right-of-way of record, surrounding the applicant's property. L - (Signature) Sworn to bef re me this i r day o ' ,2005 11LYNDA M BOHN afe — _ NOTARY PUBLIC,State of New York ' NO.01 806020932,Suffolk C unty i tary Public) Term Expires March 8,20U PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. {' I - 3NI10311O01V,f010A ss31100V Ntl11J3F13H1+d0 1HDItl3H10133013AN3 AO'i011V H3JIJLLs30Vld"`� .fy SENDER:COMPLETE°SECTION' • - COMPLETE THIS SECTIO" DELIVERY 7 • Complete items 1,2,and 3.Also complete A. Sign.-Ali item 4 if Restricted Delivery is desired. O * 0 Agent ■ Print your name and address on the reverse o,, t ,�,✓:ni >: _: -- so that we can return the card to you. B. Received b' F'nted Nr 1 ■ Attach this card to the back of the mailpiece, X( � a eb,,, ��Date of Delivery or on the front if space permits. d 1. Article Addressed to: D. Is delivery adrtes.!.t m Iter�i? ❑Yes OAS/ If YES,enter deli eDfa�dress below: 0 No (10+4/4;0 A.(U- 41.4 'WO ` 3. Service Type 1 ,'C_,[/ �y(a/y/� / �ertified Mail 0 Express Mail C7444�. `"`j C%� i(qi 0 Registered 0 Return Receipt for Merchandise 1 / 0 Insured Mail 0 C.O.D. j 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number f_ --- -- - - — — — I (Transfer from service label) I 7003 3110 0001 8553 4805 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; I =_ ' c-:SH1d0,-',, `i '4.' l,t SENDER: COMPLETE THIS'SECTION, "-'M '` `"' " . LETETHISSECTIONON'DELIVERY`• '' • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. `� `I ❑Agent ■ Print your name and address on the reverse ^ ti� 0 Addressee , so that we can return the card to you. B Received by 7P ted Na�,-) C 'e of e • Attach this card to the back of the mailpiece, !�v or on the front if space permits. �, D. Is delivery ddress different from item ? ❑ es 4 1. Article Addressed to: If YES,enter delivery address below. 0 No gel I I • 6el?, Service Type Certified Mail ' 0 Express Mail / / ❑Registered ❑ReturnReceipt for Merchandise 1 ` ❑ Insured Mail ❑C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number — �' 7003 =3110 ' 0001 •8553 4881 (Transfer from service Isbell) � , PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15401 yup r` •_1HDItl 39201v3d0113AN9Mord01'glV,93N9LLs 3JVld,+ - s•' '> V .. SENDER: COMPLETE THIS SECTION r „ aCOMPLETE THIS SE,CTI,ON.ON DELIVERY a Complete items 1,2,and 3.Also complete A. Signature ceAt. ❑Agent 1 t item 4 if Restricted Delivery is desired. �( � + ❑Addressee 1 444) 2 ■ Print your name and address on the reverse2005 so that we can return the card to you. B. Reed by(Printed Name) C. Date of Delivery ( • Attach this card to the back of the mailpiece, or on the front if space permits. AV- d 'OC�o D. Is deliv .I = ren from item 1? ❑Yes r-__1. Article Addressed to: If Y :r. -r deli a re below: ❑No qR0 Op q ppEq`S 4k 't' /A .°1444444 s em' �� 3. Service Type`6 / �y/197/ Id-Certified Mail ❑Express Mail 1 � 4Gt144( ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes — --— 2. Article Number 7003 3110 0001 8553 4782 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 _ • SENDER: COMPLETE THIS SECTIOl1i: .- ~T`— ' `'•• . COMPLETE THIS SECTIgN ON`DELIVERY ~J J ■ Complete items 1,2,and 3.Also complete A Signature 1 item 4 if Restricted Delivery is desired. Ill Print your name and address on the reverse so that we can return the card to you. . /� _ 0 Agent J _ • Attach this card to the back of the mailpiece, B. Re eived by(pr/nted Name �'Addressee ; or on the front if space permits. ) �• e of relivery f 1. Article Addressed to: D. Is dellve addressitem /9 6.5t If YES,enter delivery address below: ' • No J IC.C.I LU L rLO� J i 8'1 WziA4(44dA"--` , ShAAlfeth14-11 3. Service Type i OV $Certified Mail CI Express Mail ❑Registered 0 Return Rec + ?8 / ❑Insured Mail eipt for Merchandise j ❑C.O.D. i 4. Restricted Delivery?(Extra Fee) + 2. Article Number il r -• _ ❑Yes (Transferficin service/abbe,' i' 1 c i i 7 0`0;3 i 131101 -0 0 01;! 8 5 5 3 1 4 7 7,5 , I PS Form 3811,February 2004 Domestic Return Receipt 7 i1 102595-02-M-1540 1 �'�`n9- 9 O Y e 0 SSSUOOY.NHn13 I luido0 i� � '� . "1H01H 3H11013d0 IdAry3 401:10.171Y 13)OLLS 3313 'SENDER: COMPLETE THIS SECTION w', '*–-,1' COMPLETE THIS SECTION Ol .7 R%/.,` • Complete items 1,2,and 3.Also complete ignature 1 ` "r item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse (1_,,i,,,,,„� so that we '3 i el ito7ara'see e can return the card to you. • Attach this card to the back of the mailpiece, B. Receive. . Printed Name)` C. Date o D very or on the front if space permits. 1`-.f � D. Is delivery ad e different fdifferent �f. 111 ~lte�m'r C'es 1. Article Addressed to: If YES,enter delivery address below: 0 No Saseejeral4(.0///51 o r,, led 3. Service Type c:c..41-tre,eC/%Iy//97/ G�7/ T6ertifiied Mail ❑Express Mail ❑Registered 0 Return Receipt for Merchandise �( 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number --- — I2 (Transfer from service 7003 3110 0001 8553 4829 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r • ,r 1 • 1 PRELIMINARY SKETCHl �_ _ _ �� _ � • ��- �- .:�-__ ___.�.� PLAN O� CERTIFIED T0: DONNA COOK SUBDMS!ON OF r"""""."'"""."."'"'''''.."""'"""""1" COOK PROPERTY �` 3 iir a;TE T BA Yrs"Ell J NO �0.j 715 JOB V V. L V YJ 1�/ MAP NO. TOWN OF SOUTHOLD FILED: SUFFOLK COUNTY, NEW YORK REVISIONS: S.C.T.M. DIST. 1000 SEC. 78 BLK. 06 LOTS 8& 9 SKETCH pi.AN$/2/04 s, fZT °""f^�� � 1 15 8 0 _ 15 30 45 60 75 sa 105 1200 135 +° 67,7 `:t A.SCALE: 1 =30' DATE:JUNE 17, 2004 ^ • f`ae / ' 4-4%D t•-•:,'-'' -' i I ,t LICENSE NO. 050363 / Iw HANDS ONSURVEYING I 46 NORTH ROAD HAMPTON BAYS, NEW YORK w, 11946 ``"`k- TYPICAL r j LAYOUT t /�� TEL: (631)123-19544-FAX:(631)-723-1329 ✓r r ` P CAL LO L/-t Y OU 1 : is . `� d MARTIN D. HANDL S LOT LINE /�V' 6> REAR YARD y SITE D .TA 49S'.c). .' - �7LOT AREA:20,896 SQ.F7. =0.480ACRE ' , I n. \ A/3--,,,,, �FA` �(64 ELEVATIONS HEREON REFER TO APPROX. MSL DATUM I �`� AND ARE THE RESULT OF ACTUAL FIELD MEASUREMENTS A 9�`'` CURRENT ZONING: R-40 p/per -\�(1 I/�j�A1j \..5:9 o O�j NUMBER OF PROPOSED LOTS: 2 L" �U7QO,� 77� POST OFFICE: SOUTHOLD- 11971 I 5;s, FIRE DISTRICT: SOUTHOLD cn.".'ELL iris ' A F CS0 a SCHOOL DISTRICT:SOUTHOLD t bs 00, F;'� WATER DISTRICT: SUFFOLK COUNTY WATER AUTHORITY 'P j`� FLOOD ZONE: AE(EL 8) & X(WITHIN 500 YEAR FLOODPLAIN) 1 S T , W .R I r' :, ! 1c,-;:.,X4 C - �'.'� D ? C A EP g ,r, �^� i�oo� o4 �, ,.,„ FIRM ft,A, NO, ..610300166 G - EFFECTIVE DATE: MAY 4. 1998 8.i,,,, T6 A', u °°�FQFo / QV SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES - -E E c. .‘-'( c.,. ' �r/ GROUNDWATER MANAGEMENT ZONE: IV(4) 20.000 SQ.FT, T`- FR f,TfARD -, h� J 1 p. .y. ' - Lo iI �n5 / CURRFNTOWNER&SUBDIVIDER: ki �•7° oe-'41„ , DONNA COOK 14?1 rel 5��` `�� 7'7O 690a MAIN BAYV!EW RDOAD ! o c ` Oj, SOUTHOLDNEWYOPK11971aQ-641,0b,. 47,,,,,,,,,_:.., ,4,:,,,, I ,, ' .,'-rr----- 7500 .564.FT; — / .; / ( 4 0/WI': • /# o , oc ;, •So -1-g- /t/Le54L/ i, , k t" - - - -- -...4:?4,,_, ,," ., lq ,. • 6 �' '<' %'.:°oma. 4"' _ _. EXISTING DIVISION LINE �. /ly . 7 c"F�-,2-- p`--,- BETWEEN TAX LOTS k mm f, Qi a-«0- O/' sq U �Q� Ct(*(/‘6`�� `,1�9� e101p, I ..... ,,• i � '1..'".. ik� OQN Off-�' '� -a kp - - . ,, ... J Oaf - . - 1 ' (s'Atiii)'reP. ..,... .,_ z.,,,,,, �' , , - . / 4-'4 <4) . . ,c--<Z)o ,c, Qom' s � c� ' ` p V A• 4.4 / • O / 4�.o. 4C ���Q <G/ U-.. G njj !r�o i ;gyp p � ��. �v 0-- J ,..., v---; 1 . (., / . v /FP cirTh- / . r ,g-- 11:37 / tN' /er® Ji � / I / i-, Oc.tcr 1 / `�l Q 4 ,ft c`j Q��, L� 1 `g' .J� n0N€,a s+.J /t tip`/ n� '- 1 \,<,CPC/ (<\/..°);(P / ifra,s,. f �\ of G VSrF �, \? .. „ c �4: .. 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