HomeMy WebLinkAbout5722APPEALS BOARD MEMBERS
Ruth D. Oliva. Chairw,oman
Gerard R Goehringer
Vi ncent Orlando
James Dinizio, Jr.
Michael A. Simon
Southold Town Hall
53095 Main Road · RO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor. North Fork Bank
54375 Main Road lat Youngs Avenuel
Southold. NY 11971
http:Ysoutholdtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 18, 2005
RECEIVED /.'do
Southold Town Clerk
ZBA Ref. No. 5722 - DONNA WEXLER (Former Owner, DAVID T. DEVLIN)
Street & Locatity: 1175 and 1275 West Hill Road, Southold
County Tax Map ID: 70-4-22 and 23 (combined/merger)
Zone District: R-40 Low-Density Residential
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area as combined
(together) of approximately 49,900 square feet, identified as 22 and 23 on the Suffolk County Tax Maps,
District 1000, Section 70, Block 04. The land is improved with a single-family dwelling situated 120+- feet from
the northerly front lot line at West Hill Road and 32+- feet from the easterly side property line, as shown on the
February 15, 1972 survey prepared by Roderick VanTuyl & Son. The property is located in the R-40 Low-
Density Residential Zone District which requires a minimum lot size of 40,000 square feet.
BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Department's April 26, 2005
Notice of Disapproval stating that County Tax Map Parcel Numbers 22 and 23 are merged pursuant to Section
100-25, which provision states:
"Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which
has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is
one which abuts with the parcel for a common course of fifty (50) feet or more in distance.
Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule
requirements."
RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The
easterly portion, referred to herein as 'CTM 22' is proposed to be separated from the westerly portion referred
to as 'CTM 23? Each do not meet the code-required 40,000 square feet in this R-40 Low-Density Residential
Zone District and would be nonconforming with an area of 29,900+- square feet for CTM 23 and the remaining
20,000+- sq. ft. for CTM 22. Not only would they be nonconforming in size, but new nonconformities would
also be created for the applicant's existing dwelling location (single side yard less than 10 feet and setbacks
from the existing rear lot line and bulkhead (ref. 100-239.4B and 100-244).
ZONING CODE, SECTION 100-26:
Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize
original lot lines upon public hearing and upon finding that:
(1) The waiver will not result in a significant increase in the density of the neighborhood.
(2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood.
Page 2 -August 18, 2005
Appl. No. 5722 - David Devlin, Donna Wexler
CTM 70-4-23, 22
(3) The waiver will avoid economic hardship.
(4) The natural details and character of the and character of the contours and slopes of the lot will not be
significantly changed or altered in any manner, and there will not be a substantial filling of land affecting
nearby environmental or flood areas.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on July 7, 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 facts to be true and relevant:
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials
submitted and personal inspection, the Board makes the following findings:
1. A waiver would result in the creation of a nonconforming lot that is oddly shaped and out of character of the
neighborhood. The southerly (rear) dimension is only 40+- feet wide, narrowing down to 25+- feet along the
bulkhead and dredged canal. Other lots in the neighborhood consist mainly of 100 ft. rear lot width dimension,
and no lots have this type of configuration.
2. A single and separate search was issued April 20, 2005 by Peconic Abstract, Inc. The search shows that
the premises (CTM 22 and 23) as merged were owned in the same names, or common ownership and without
single and separate ownership since the 9/25/1996 transfer of CTM 23 and 8/1/2000 transfer of CTM 22 to
David T. Devlin and Lora S. Collins.
3. The property has been in common ownership with a merged area 50,786 sq. ft. since 8/1/2000 and
continuously to the present date. Information was not submitted to show planned intentions to avoid the
merger, or to make application to any agency for a dwelling. The merger was intentionally placed when the
transfers were formed by common ownership.
4. Information was submitted in behalf of the new owner during the July 7, 2005 hearing that a second home
is proposed for her mother at a time when family is needed to be close and for daily medical care. (As of the
date of this decision, a Special Exception application for an Accessory Apartment in the applicant's existing
home was not requested.)
5. Proof was not submitted to show that a waiver will avoid an economic hardship. The town's assessment
records show that the current owner in 2005 acquired the land by deeds, noting a sale price of 1.275M
($945,000 and $330,000).
6. The record does not demonstrate proof that there were good faith intentions, since 2000, to separate or
maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build
a separate dwelling on the vacant lot for over 40 years, until a contract of sale was entered into between David
Devlin and Donna Wexler to sell CTM 23 for $330,000.
7. There also was no proof demonstrated to show the value of the property as exists with the merger to
support applicant's claim of economic hardship, except for the 2005 real estate transactions.
Page 3 -August 18, 2005
Appl. No. 5722 - David Devlin, Donna Wexler
CTM 70-4-23, 22
8. There is no proof demonstrated in the record to show that the westerly portion of the applicant's property
was maintained separately for purposes of building a new single-family dwelling.
9. Neighbors testified as to their understanding, that the property was used by the owner of the existing
dwelling, and not planned or proposed in the future for a new dwelling or as a separate building lot.
10. The parcels were intentionally merged. Applicant is not obliged to sell to someone with a desire to
unmerge the properties.
11. To create additional lots that do not conform to the zoning requirements and that have been merged with
adjacent properties for a continuous period of time will result in increased number of dwellings, increased
traffic, increased water and sanitary demands, and other related environmental effects.
RESOLUTION/ACTION: On motion by Member Simon, seconded by Chairwoman Oliva, it was
RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 70-4-23 from CTM 70-4-22.
VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando and Simon. Nays: Members
Goehringer and Dinizio. This Resolution was d~)"'~dopted (3-2).-..
ROTH D. OLI~/~, CHAIRWOMAN 9-14-2~-05
Approved for Filing
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Vincent Orlando
Jalnes Dinizio. Jr.
Michael A. Simon
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold. NY 11971-0959
Office Location:
Town Annex/First Floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
September 14, 2005
Ms. Donna Wexler
cio Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: ZB Ref. 5729 - DevlinNVexler
Dear Ms. Wexler and Mrs. Moore:
As a follow-up to our conversations, please find enclosed a copy of the
decision rendered by the Board of Appeals at its August 18, 2005 Meeting.
Thank you.
Very truly yours,
Encl.
Copy of Decision 9/14 to:
Building Department
Planning Board
Linda Kowaiski
FORM NO,. 3
NOTICE OF DISAPPROVAL
TO:
Patricia Moore A/C Devlin
1275 West Mill Road
Southold, NY 1197l
Please take notice that your application dated April 22, 2005
DATE: April 26, 2005
For pem~ t for xvaiver of merger at
Location of property 1275 West Mill Road, Southold, NY
County Tax Map No. 1000 - Section 70 Block _4 Lot 22
Is returned herewith and disapproved on the following grounds:
The subject lot has merged xvith adjacent lot to the north (SCTM # 1000-70-4-23), pursuant to Article
II Section 100-25, which states,
"Mereer. 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 xvhich abuts with the parcel for a common course of fifty (50) feet or more in
distance. Nonconformine lots shall mer~e until the total lot size conforms to the current bulk
schedule requirements.
Authorized Signature
Cc: file, Z.B.A.
APR E9 '05 09:89~M ~OUT~i3_D BUILDING 63~ 765 95
TO:
Patricia Moore A/C Devlin
1275 West Mill Koad
Southold, NY 11971
· FORM NO. 3
NOTIC[ OF DISAPPROVAL
Please take notice that yoar ap~alication dst~d April 22, 2005
For portal! for waiver ofm~r~e!: al
Location of property 1275 West Mill Road. .Southold. NY
County Tax Map No. 1000 - Section 70 Block_4 Lot. Iii
is ~eturned herewith and disapproved on the,following gwunde:
DAT~: A~ri126. 200~
-RECEIVED
ALs_
T.T. hc subject lot has mer£¢d with adia~ent lotto the north (SCTM ii 1000:70-4-23L oursuant to Article
LI S~ction 100-25, which states,
Authorized Silgtatur¢
"Merr, er. A nonoonformine lot shall meree with an adiace~ confo~mh~o or nonconformlno lot
which has been held in co,'llt~on owllcrahil~ with the first lot at any thne after lulv l, ),~083. An
adjacent lot is one wM'ch abuts with the ~,arcel for a common ooursc of fdtv fSO't feet or more in
distance. Nonconforming lots shall rncr~c until the total lot size confomas to the current
schedule requirements.
Cc: file, Z.B.A.
a
.Sou r~ot ~, AZ ~.
~PPLICATION FOR WAIVER UNDER SECTION 10
This review is for lots which have separate deeds re
1983 and'undersized· A merger determination has b
the Town Building Inspector (copy attached).
The zoning of my parcel is presently:
The size requirement for this zone is: ~,~'OO square feet
per parcel'. County Tax Map Parcel Nos: 1000
I (we), as owners of the
contiguous lots shown on the attached deeds, request a review
determination by the Board of Appeals to determine whether or not
these parcels qualify for a "waiver" under the merger provisions of
Article [[, Section 100-26 of the Southold Town Zoulng Code·
[ hereby submit all of the following documents for reliance by the
Town of Southold in making this review determination:
l. Copies of my recent tax bill for both (all)
,,
2. Copies of deeds dated prior to ~upe 30, ~983 £or ali iota.
3. Cop[es of current deeds of the parcels under review.
4. Copy of the current County Tax Map for my neighborhood.
5. $~50.00 application check which is not refundable
this waiver is denied,
I understand that if an unfavorable waiver action is issued by the
Town of Southo[d, that [ 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 harmtess from any and all
from the issuance of a waiver.
Sworn to before me this
~o<'~ r y Public
claims and liability resulti.g
.Lt~pplieant and~Owner/
~^pplicant and owner)
PATRICIA C. MOORE
No. fy PM)Ilo, ~"-~ of N~w
Suffolk County. No. 4861668
Commission Explre~ June 1
A Waiver is hereby approved denied (delete appropriate action)
based upon the above documentation.
Issued by
Reasons for
zba/m, w~P95
application ( to
cont J_nue on
next page).
WAIVER OF MERGER
ZBA MAY WAIVE THE MERGER AND RECOGNIZE ORIGINAL LOT LINES UPON
PUBLIC HEARING AND UPON FINDING THAT:
The two parcels are lots in Map of Calves Neck filed in 1972. The parcels are served by
public water, were developed with Planning board approval and the neighborhood at Calves
Neck is a well established and substantially developed subdivision.
Lot 22 (SCTM#1000-70-4-22) xvas purchased in 1996 by Lora S. Collins. At the same
time lot 23 was purchased by David T. Devlin and Lora S. Collins. They each contributed ½ of
their resources to purchase the two properties. Mr. Devlin and Ms. Collins were not married,
however, Mr. Devlin and Ms. Collins had been together for 30 years, Mr. Devlin has a child and
grandchild from a previous marriage. Ms. Collins had no children. She considered her
husband's daughter her own child. They intended to preserve the integrity of the properties as
single and separate lots, they purchased the lots separately, paid separate taxes and left the lot
undeveloped. The lots remained separate until 2000. Mr. Devlin and Ms. Collins were
preparing their wills and undertaking estate planning. Ms. Collins wished to protect Mr.
Devlin's daughter and granddaughter. They both anticipated that Mr. Devlin would pass away
first due to their ages. If Mr. Devlin passed away first Ms. Collins would have use of ½ of the
property and the lot was already owned by Ms. Collins. This could result in the lot passing the
properties to Ms. Collin's heirs rather than to Mr. Devlin's daughter. She ~vished to be sure that
the property would, upon their death, be given to Mr. Devlin's daughter. They found that
without complicated estate planning, the two lots could end up merged by death or potentially
pass to Collin's family. They became frustrated and tiered of worrying about the property, Ms.
Collins placed the property in both of their names to protect Mr. Devlin's daughter.
Unfortunately, within a short time Ms. Collins became very ill and passed away May 2003. Mr.
Devlin became the sole owner of the house and lot.
Consequently, even without the transfer of the lot into both their names in 2004, the
death of Ms. Collins would have resulted in the merger of the properties. Mr. Devlin wishes to
un-merge the properties. Their decision to transfer the property to the same names was
influenced solely by issues of inheritance. The unfortunate consequence was that their concerns
were in vain since Ms. Collins died first.
The two parcels xvere carefully purchased with separate funds, maintained separate tax
bills and continued to retain their separate character. The lot is a valuable waterfront property.
The properties are in contract with Donna Wexler who wishes to build a small home for her
elderly mother. Ms. Wexler loves the home and property, is relocating from a large home in
Cutchogue (after a divorce) and the lot would enable her mother to maintain the independent
living which she has always enjoyed within proximate location to her daughter.
(1)
THE WAIVER WILL NOT RESULT IN A SIGNIFICANT INCREASE 1N THE !
DENSITY OF THE NEIGHBORHOOD
A review of the Ca[ yes Neck subdivision of ~58 lots on 1/2 ac re parcels, ordy~~t ;hf~e~/
inclusive of the subject property remain vacant. The other t~vo lots are owned by individuals
with no common ownership of the adjacent property. The subdivision has been substantially
developed, lovely large year round homes and a very stable neighborhood. The house is similar
in size to the surrounding homes, the adjacent lot is appropriate for a single family residence.
The contract vendee, Donna Wexler, intends to build the home on the lot for her mother. Her
mother is very independent of spirit but reaching an age where she must be closely monitored.
As her age progresses the house next door will become invaluable to Ms. Wexler.
(2)
THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE
SIZE OF LOTS 1N THAT NEIGHBORHOOD
The Calves Neck community consists of 72 acre lots, consistent with the size of lots
within XA mile of the Hamlet of Southold. The Calves Neck community is extremely desirable
neighborhood of Y2 acre lots. As is obvious by the Tax Map this community is developed with '/~
acre parcels, a drive by the neighborhood shows well cared for and valuable year round homes
on each parcel.
(3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP
The parcel is considered a waterfront lot with access to the canal. The house was
developed on lot 2 and lot 1 was preserved vacant and suitable for development.
(4)
THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS AND SLOPES
OF THE LOT WILL NOT BE SIGNIFICANTLY CHANGED OR ALTERED IN
ANY MANNER, AND THERE WILL NOT BE A SUBSTANTIAL FILLING OF
LAND AFFECTING NEARBY ENVIRONMENTAL OR FLOOD AREAS
The lot is flat, dry xvith no wetlands or environmental constrains limiting the construction
of a single family dwelling.
RECEIVED
MAY 5 - 2005
ZONING BOARD OF APPEALS
-~ILII[G WITH YOUR Z.S.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and enr-ities) having a financial inuerest in the
st%bject pr~lses and a description of their interests:
(Separate sheet may be at~ached.)
B. Is the subject pr~mJ Tea LLsted on the real es~e markeE for
i sale' or being shown to pru~pectiv~ b~£er~? {~} Tes
} Yes
1.
2.
3.
4.
Are there an~£ areas which can~=~-in wee±and grasses?
th~ ~ app~c~on~
~e upl~d b~ld~nq ~ea~
you con~cta~ ~e Office cf ~ To~ T~ees for its
proposed c~nmt~_--uc~._ion at or below five f~et above me=_~ sea
level? ~0 (If not applicable, state
~ _mr .... s, huTl-/~eads ~r
G. Do Itu have any construct_!on takL~q place ~t
ccncerninq !our ur~mises? ~ If v~s, please
this time
SuJ~m±~ a cup?
LOT WAIVER OUESTIONNAIRE
What are the square footage and dimensions of this lot (subject of building department
merger application): 2~,.nao s.f. /ao ft. by Zo~ +- ft.
Date of first deed which created this lot:
Date of current deed to present owner:
Owners' names of lot at current time:
Date and name of subdivision (if any):
Size of remaining lot in the merger:
Were there any building permits issued in the past for this lot: Yes __
If yes, please provide copy of former permit and map approved.
No~<
V¥ .ere there any County Health Departme~ approvals in the p, ast for either lot?
No ~< . If yes, please provide a copy./' ~u~,~ '~
Were they any vacant land Certificates of Occupancy requested in the past?
Yes No Z~. If yes, please provide a copy.
Yes
Were there any other Town actions (approvals or denials) in the past regarding this
property (such as a pre-existing Certificate of Occupancy for a preexisting building, a
variance, lot-line change, Trustees approval, or other type of application to build or use the
property in any way)? Yes __ No ,X .
If yes, please provide copy (if available), or explain: ' '.
Is there any building or structure, such as a patio, driveway, or other, overlapping the
deed~ed/Iot line which separates the two merged lots?
No. ~ Yes If yes, please explain.
How many other vacant lots are on the same block and immediate neighborhood?
Please note other approvals or other information about common ownership of these lots:
I am an owner of the subject lot and the above information is provid~ to the best of my
knowledg~e are a~ached.)
/ / %Owner's Signature ,
473889 70.-4-23
1175 WEST HILL RD
610
T COMBAT VET
0.46 STAR-BASIC
HERE SEE
08 7985
1,035 COUNTY/TOWN
92O SCHOOL
316,955,945 . 2,473,384
210 I FAMILY RES
........... AUTO*'5-DIGIT 11971
Devlin David T
1175 Hill Rd
PO Box 1025
Southold, NY 11971-0931
,, First Half: 7994
:'Socor',d Half: '. 7994
[..': "C ~..V ~¢ 7 .D_E.$.C ~ i P-~i 0 N
SOUTHOLD SCHOOL
, SOUTHOLD LIBRARY
12/7/04 2,200 / 9,800
Devlin David T &
I ASSESSED VALUE
$3.662. i6 12: ". 9.'03
u,~,04 :
S3.6(J2.7 ! c ...... 80,.
' ";- 'LcvY % " IAXA~I.[ VAiHF ''I ~l~'~:* '' ...... '"'
64 17< 8,~59 55.1.7L,0 ~i.,10 :..
2 35:;;; 9,890 18.4 t7
New Y~
. .,},,.iL ~1
1.00% ' ' '"'
I I RATIO ! I IO0%OFFULLVALt
I!;: '' ' ) ~{:1' ,J~'; . 657,718
; A.( .',;AOL't, I : ,OTAL TAX AMOUN1
ram is S510.~0.
5,107.03
76.90
76.90
RE DIST
SOUTHOLD PARK D ST
WASTE WATER DISTRICT
'~I.S~:i~LD~SOL WASTE DIST
3,838.90 ' '
4.99%
2.22%
0.18%
1.62%
2.364
19.724
39.126
17,355
~;' ' ;':9~80~,Y ';i:1.444
"~' 9,-~600"
12,662
3,838.91
1,608.53
20.72
172.88
363.43
6.70% 170.08
3,5O% 14.15
-17.00% 124.09
I
003.3~
i TOTAL I'AX LEVY ~' 7,677.81
· SECOND HALF -' SOUTHOLD TAX LEVY · 2004-2005
DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS
FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN,
RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK.
[ pAID aY:" [] ASSESSED [] OTHER " J
SUFFOLK COUNTY TAX MAP NUMBER
473889 70.-4-23
3,838.91 7985
Devlin David T
473889 70.-4-22
610
08 7984
1275 WEST HILL RD
0.69
316,955,945 2,473,384
311 RES VAC LAND
I,,,Ih,,llhl,,h,,I,,,lllh,,I,h,,,Ih,,,ll,,l,l,hl,,,,lll
Devlin David T
PO Box 1025
Southold, NY 1197'1-0931
12/7/04
Devlin David T &
1,600 1,600
,, First .tall[., 7993 S6oo.o9 12/1,9:03
'vS0~Dnd H~lf:.; ' 7993 ' ' ~ S65.6.60 12/19i03 1.600
¢:- . ....... · .. ..,,,
· 'I:.E.~.~...~.DE, S~I~_~..ZIOi¢_--.--- LIE '[~'.~ 1AXAHIEVAL~I~ ,'~.,,.J.; . ,.~,.r','"' ¢,[.~..~
I 0~.65':6 1,600 554.790 6.40
~ SOUfI. IOLD SCHOOl.: ·
. ~'SOU~HOLD LIDRARY'., "' ~ 2.15% .1 603, .76.¢W ' 7.90:.
~ ,~..,~ ...... ..... , ...,. .
' ~','"'~' ,~, '.'~ ~;~. "' .:, I
'1.02%
21.38% ! 1 ,'~b0.' ... 1[13;51i ! b.7,;,'h,
, 1'~% OF FULL VALUE
2%17
917.13
14.04
14.04
293.d3
I I L,D:E II :l,~l I::1 ~1 21.38% ! lel:ll[ll~ ~1~ 293.63
~-;'NYS REAI"~PROP..TAXLAW~. ' ' ' '- 0.28% 1,600 2.364 26,10% 3.78
,~I~M~N DATED' EXPEN S? '¢ :'-/- 2.30% 1,600 19,724 305.40% 31.56
??S~jT.~I~)I~D'FIRE.DISI;.~¥/i!~: -.~ .; .... · ;4.56?/0' 1,600 39.126 4.70% 62.60
"..'~C~(JTHOLD PARK DIST :' :: .. ',' - ;' '2.02% ~.' . _: . :1~6Q0~. ' °'
. ... ?~.;355. . 6.70/0 27.77
~'~W,~ST~ WATER DISTRICT ' . · o. t7O/o :,,~;.i:?.~ ~:';~1'~6¢d"~ ¢'.'-i{ 3.444 ''~:-3.50% 2.31
i;~tSTHL~D SOLWASTE DIST·: .' 1.48% * ' ' 1,600 ' ' 12.662 -17.00% 20.26
.. ;.~ .. · :. ·
, .,. :..~.!.... . ,,, . . ,
¢l~;~lll~,?Jl~ll~ i0,8'i% ~e]-'z][e]lll: ~-'~11]~"~11-'1[~,~,~ 148.26
!¢ .......... .,.. ...... ,,.,.. j
,,FIR.S.,'~ I~LF TAX 686.~4' '" SECON ~rAX . 686,54 ' .TOTAL TAX LEVY ~- 1,373,08
"':"" """""'"'" '""'""':"':""""'":"' i~,';;'~;.',
~'.v ' SECOND HALF ~~ SOUTHOLD,TAX LEVY · 2004-2005 SUFFOLK COUNTY tAX MAP NUMBER
DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS 473889 70.-4-22
'.: FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN,
RECEIVER OF TAXES AND.WRITE BILL NO. AND TA~ MAP NO. ON FACE OF THE CHECK. AMOUr~T DUE GILL
I ~SESSEO '" [] OTHER I t '
/
!
· The following bank branches located within the Town of Southold accept payments during regul~ business hours: - /
Bridclehampton National Bank. Bank of America. North Fork Bank. Suffolk County National
473889000000070XZ4Z2200798404000000000006865413f11373087
~ ~a~b~,gm~ TOW~ OF SOUTHOLD Countv of Suffolk and State of New. .York, ~
~ ·designated as Lot 1 on Map entitled. "Map of Calves~Neck", and'f_~led~
CD in the SuffolR County Clerk's Office on February 15. 1972 Ks
Nun~er 5673. ' : : · ' ? !~
-' 1008 i:' .~.'
BARBARA RUBIN -
67C. ,)0 622.000
GARY FL&NNER OLSEN, ESQ.
gO BOX 706
CUTCHOGUE, NY 11735
Suffiflk Count)' Recording & Endorsemenlt Page:
This page forms pa ri of the attached DEED made by:
(Deed, Mortgage, ctc.~
BLC~2K:
04.00
LOT:
022.000
;, I-3
Suftblk Co_unty Recording & Endorsement Page
(Or,RI.
DISTKfCT:
i000
5LC)CE
04,00
and filed in the Suffolk Count~' Clerk's Office ¢~r~ Felruary 15, 1972,
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument.- DP~DS/DDD
Number o£ P~es, 4
Receipt ~-~er ~ 04-008458?
TRanSFER TAX NUMBER: 03-54453 LIBER: D00012334
PAGE: 230
Distr~ct: Sectionl Block: Lot:
1000 070.00 04.00 · :022.000
~.Y~MIN~D AND CHARGED A~ FOLLOWS
· Deed Amount~ $0.00 ':~'
Recorded
At~
0?/30/2004
lO~57=16 .AM
Received the Following Fees For Above Instrument
Page/Filing $12.00
COE $5.00
~A-CTY $5.00
TP-584 $5.00
~ $50.00
Transfer tax $0.00
TAX NU~BEH ~
03-54453
NO Randling $5.00
NO N~8 BRC~G $15.00
NO EA-STATE $50.00
NO Cert,CopLee $0.00
NO 8CTM $0.00
NO C,',~.Proo $0.00
Fees Paid $147.00
THZ8 PAGE Z8 A PART OF THE INSTRUmeNT
THIS I8 NOT A BILL
Exempt
NO
NO
NO
NO
NO
NO
R~ward P. Ro~ains
County Clerk, Suffolk County
· TORRENS~
Sedal #
Prior Cfi. #
~dling
5,00
Deed I Mmtg~ T~x Stump
EA-$217 [County}
EA-5217 (State)
R.P,T.S.A.
Comm. of Ed.
Alfid~vJl
Certified Copy
R¢$. Cop)'
Other '
Sub To~al
Grand Total ~
R~4 ~ ~000 0~000 O~00 022000
1000 O?OO0 0400 023000
V~ificnt~
RE.RD & R~ ~:
Oa~ Flanner O~n.
PO ~x 7~
2004 Jul ~0 10:5/:16 ~N
Edward r. Ro~aine
O.E~ OF
L ~001Z~4
P 25O
I~.cording I Filing Slamp~
)
S
C~nsidcmtion Amount $ 0
PFTax Due
Improved X
Vacant Land
TD
I. Basic Tax
2. Additional Tax
Sub Tmul
Spec. I Assit.
Spec. lAdd.
YF~ , or NO ~
7 I · 'lltle ComIpm~' Information
Co. Name None
Tide f~ None
Suffolk County Recording & Endorsement Page
This page forms pefl of the attached gxeeutor's Deed made by:
(SPECIFY TYPE. OF fNSTRUMENT)
SJ~dird NYBTU Form NOS- F3zculor's D~d - LIMfm~ Aelmowled~mem
CO,'~LI I.T TOUR LAW~'EK BEFOR~ SIGNING TIIL~ I ~,~'I'RU M F. NT- Tills L~TKI;M£NT SIIOI II,D BE USED BY LAWYEi~S ONI.V
'HiS INDENTURE, m de he I of , 004 BETWEEN
DAVID T. DEVLIN, residing at 1175 Hifl Road, Southold, New York, ! 1971; and
JOHN W. COLLINS, residing at SIS Watersedge Way, Southold, New York, 11971
as Coexecutors ofthe Last Will and Testament of LORA S. COLLINS
late of'SUFFOLK County, deceased, who died on May 4, 2003, Suffolk County Surrogate's Court File
Number 1063P2003
mrty ofthe first part~ and
3AVID T. DEVLIN, residing at 117S Hill Road, Southold, New York, ! 1971
party of the second part,
WITNESSETH, that the party of the first part, by virtue ofthc power and a. uthority given in and by said last
will and testament and in consideration ofTEN (S!0.00) Dollav~, paid by. the party
of the second part, does hereby grant and release unto the pat~ ort e second part, thc heirs .ot~ successors and
assigns of the party ofthe second pa~ forever, . ~..
ALL that certain plot, pieee or parcel of land ' ' ' '
, with the buildings and improvemen~ ther. e,o? ereeted,
situate, lying and being in the
SEE SCHEDULE 'A' ANNEXED HERETO
BEING AND INTENDED TO BE THE SAME PREMISES CONVEYED TO DAVID T. DEVLIN
AND LORA S. COLLINS, NOW DECEASED, AS TENANTS IN COMMON, BY DEED DATED
SEPTEMBER 25, 1996 RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OF
SUFFOLK ON OCTOBER 7, 1996 IN LIBER 11796 PAGE 003 AND BY DEED DATED AUGUST I,
2000 RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON
AUGUST 18, 2000 IN LINER 12064 PAGE 275.
TOGETHER with all fight, lille and interest, if any, of the party ofthe first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the
appurtenances, and also all thc estate which the said decedent had at the time of thc deccdcnt's death in said
premise.e, and al~ thc estate therein, which the party ofthc first pm~ has or has power to convey or dispose
of. whether indivtdual, or othe~xvise:
TO HAVE AND TO HOLD the premises herein granted umo the party ofthe second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
SCHEDULE ~A*
· PARCEL I
ALL THAT CERTAIN PLOT piece or parcel of land, with the buildings and improvements the~on
erected, situate, lying and being in the Town of southold, County of Suffolk and State of New York,
designated as Lot I on Map entitled "Map of Calves Neck" and filed in the Suffolk County Clerk's Offiec on
February 15, 1972 as Map Number 5673.
PARCEL I!
ALL THAT CERTAIN PLOT piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Town of Southoid. County of Suffolk and State of New York, known
and designated as Lot #2 on n certain map entitled, "Map of Calves Neck" and filed in the Office of the Clerk
of the County of Suffolk on February 15, 1972 as Map No. 5673, bouhded and described as follows:
BEG1]~NINO at a point on the southerly side of West Hill Road distant 156 feet easterly as measus~.-d
along the southerly side of West Hill Road lmm the corner formed by the intersection of the southerly side of
West Hill Road and the easterly side of Wells Avenue;
THENCE South 88 degrees 52 minutes 40 seconds 'Fast along the southerly side of WeSt 'Hill Road~
100 feet to n point; ': -~; .... ,
THENCE South 0 degrees 46 minutes 00 seconds East, 20Ofeet to.a point;
THENCE North 88 degrees $2 minutes 40 seconds West, 100 I'eet to a point;
THENCE North 0 degp-'es 46 minutes 00 seconds West, 200 feet to the southerly side of West I lill
Road, the point or plaec of'BEGINNING.
SAID PREMISES BEINO COMMONLY KNOWN AS 1175 HILl. ROAD. SOUTHOLD, NEW
YORK, i 1971.
certificate is his genuine signature. No seal is necessary to be filed.
IN WITNESS WHEREOF, I ~ve hereunto act my hand and affixed my official
this 9th day of Janus 1939 (L.S. ~Y~IOND L. ~CKOFF, Clerk
Compared by:
THIS IND~NTURE. made th~ firsg day of March ~arch , nineteen hundred ~d
thirty-nine, between gAR(;ARET W. ~_~ER, of Sou~hold, Suffolk CoUnty, New York,
par~y of the first part, and L. BARREN HILL and ADE~IDE H. HILL, his wife, of ~he
s~e place, as tenants b2, ~he entirety, parties of the second p8rt, WITNES~ETH,
ths~ the Oarty of the first part, in consideration of ONE ($1.OO) Dollar, lawful
money of the United States, paid by 5he parties of ~he second part, does hereby gr~n~
ALL that c~'tair, tract or parcel of land sisu~,te at Soushold, In ~he Town
of Sou~hold, Gounty of Suffolk and State of New York, conssining by es~imation
fifty acres be ~he s8me nors or less, being all ~ha~ tract of land known by the
name of C~lves Neck and bounded Northerly and Easterly and Southerly by the Creek
beginning at the head 5ha'reef a~ ~he outlet of ~he ditch or run formerly of Benja-
min L. Prince's land and .~hence runnino and being bounded by ~he said Creek until
1~ comes to ~he head of Booth's Cove formerly so csl[ed, then bounded southerly
through ~he meadow by the land formerly of Samuel Dlckerson, ~hence westerly by th
lands formerly of said Samuel Dickerson, agsln northerly formerly by the lands
partly of J. henry Cochran, Sr., and partly by Benjamin L. Prince, then westerly
by the meadow of benjamin L. Prince to the place of beginning. Also all such righ ,
title and property ~s s~il party of the first par~ has in and to ~he bridge across
the head of Town Creek so called, ~he roadway thereto an~ ~he right of w~ over .th
Being and lnten,led to be the same premises conveyed by George }{arper,
widower, to Margaret Wlnlfred ilarper, his daughter, by deed dated June Sth, 1920,
and recorded in the Suffo=~ Counl:y Ci~rk'a Office in li~er 998 of deeds at page
456 on June 4th, 1920 st ~O A.~. "
~und this convey~mce la manse subject to two certain mortgages now on the
premises for $15,OOO. and,held by Sou~hold Savln~s Bank which the parties hereto of
CONSUZ. T YOUR LAWYER BEFOKE ~lOglg~ v~.ll$ I~IST~HMIENT -- THI~ INSTRU~4ENT SHOULD BE USED BY ~WYERS ONLY.
BE~EEN L. ~HRON ~LL}~d:ADE~I'DE/~ HILL, his wlfo, both ~oslding
at Southold, Suffolk County, New ~ork,
partyofthefirstpart, and: GEORGE AHLERS, residing at Cutchoguo, Suffolk County,
Now York, and B~RBA~% ~J~N;l r'~aiding at 36~ ~st 69th Street, Now York,
~.y., as tenants .~ CO--Onl,
pa.rty of the secood part, i
WITNESSETH~ that the party of the first part, in consideration o f
....... TEN ( ~10 o00} ................. dollars.
la']~folmoney of the United States, and other good and valuable sonsidoration~p:dd
by. the party of the second part, does hereby grant and release unto the party et' the second part. the heirs or
successors and as'signs of the party of the second part forever.
PARCEL ONE:
ALL that certain plot, piece or parcel of land, whh the buildings and ilnprorements thereon cr,!cted, situate;
lyiogandbeingi~ a~ Southold, ~ ~ho Town of Southold, County of S~fol~ and-
S~ato of New Yo~k, bonded and described as follows:- l
[[ [ ~ ~ b 0 ~ O~ [~ :I~ {~ ~ ~ [ {Il} ~ O} ~~ ~ i~} ~ ~] ~ ~ [}~[~ O] 0 ~1
mort% a~ ~he no~hov1~ eo~n~ of ~nd of F~a~; tvom ~a~d poin~ o~ bogin*
nin~ ~nLng along la~d of ~he pav%~ o~ ~he Civs~ pa~ 5outh 21 ~o~os
no~hea~e~y edge o~ a dvod~ canal: %hefl~e nov~hwe~b~17 along
Ganal and along~ ~ho cen%e~ 1Lno of %he old ~%%~v bolng pa~%ly along land
o~ 6~ H. ~e11~ Es~a~e: ~bo~ 7~0 f~e~; th~n~o along ~ald land o~ ~. H.
261.15 Coo~ ~o ~ho no~heas~o~lj 1~no of :,'I~11~ AYenue; %hondo along ~a~d
~ance of 55.~ ~eo~; ~henee along ea~ 1~d ~ %he pav~'o~ the ~ivs~ pax'i:.
8ouCh ~ de~vees 52 mlnG~ ~0 ~e~nd~ ~, a d~aneo o~ hgT.B1 ~ ~o
along said southwesterly l~e, two coa~s~s. (1).South 68.do~oes 5~_mln-
ares 50 seconds East, a ~istanoo of ~87.gl feet, ~hence ~2) South 55 de-
grees ~1 minutes O0 seconds East, a dlstanco of ~9.~ foot to tho point
of beg~n~g.
PARCEL TWO:
ALL that certain plot, piece or parcel of lend, situate, lying and
being at Southold, in the Town of Southold, County of Suffolk and State
of NOW York, bounded slad'describod as follows:-
BEGINNING at a monument on She southerly line of a proposed 'highway
to'bo known as "Midfa~m Road" at the'northwesterly com%or of land of
Filardi; from said point of beginning running along said land of Pilardi,
South Zl degrees 06 midutos 10 seconds West, a d~stanco of 185.0 foot to
:a monument on tho n6rthorly line of a proposed highway to bo knot.~ as ,
"Hill Road": thence along said northerly llnc, North ~8 degrees 53 minub~.;~
i50 seconds ~es%, a distance of/4~-03 foe~ to an iron pipe; thence fi0vth-
tanco oF ~8.71
~,~T~ along said
a ~lutanco
(~} South
Foot to tho
TOGETHER with
I:~ "Mldfa~m'Road"~and
~L~ ~h~t cor~ain plot, piece c~ pa~oel of land, situate, 17~n~ and
be~ at Southold. ~ tho To~ of So~thold, Co~t~ of S~olk ~d State :.'-.
to bo ~o~ as "~tdf~m Head" a~ t;h~ ~aAt0~l~ o~d of a c~vo no~tho~ l~o tc
~ of DoMott; fmom Amid po~t o~
'said ~d ~
~'dist~ee Of
a ou?ve to ~ho ?ight ~' a. ~ad~s 'OF 200,0 ?fgo~ .'a dXst~c
TOGET~R wi~h a .rtgh~ of w~20Ve~ said p~posed high~y6' ~
Panels Two ~d ~ee-~d ea~hL~o~.Por~iDn.of' P~cel ~e s~ll be ' .
1. ~t said premises shal-lbe used. ~eXOs~v~ fo~ ~estden~tal p~Oses
T~t the construction ~d
to'one ~e-family rosid~ce onl2..of .
All sewago a~ts~g f~om ~he u~e a~
of ~ ces~p~ol~ om ~ sepblc tanks and no
~ waters am~ gh~ g~angeem he=e~ ag~eo ~o'.koep mald
~o ho=sas, cows, cat~le~ goats, hogs, poultry om ducks s~l
matse~ on said p=emtsos no= ~1~ ~y u~o be made of said
ts off~stve, ~stghtly, u~oalthy o~ t~dtng to
tho adJo~tng p~oporty o~ ~o diStUPb ~he peace o~
said dwell~g house e~$ed ~ said p~emfses shall conta~'
of a dwollin~ house of a smallo~ siz~ a~e approved
build.g, the plans ~d spec~ftca$ions sh~ll be submitted ~o She
bo commenced ~il .such ~itt~ approval has be~ g~anted.
shall not bo un~easonably
Ail o~ ~y of ~he above coven~s ~d'~es~tc~ions ~2 bo m~difiod,
o~ ~ulled as ~o tho p~emises dese~ib~~ he~e~ q~ as
-pPope~ty now o~ .leVelly ~ed ~y ~o ~es of.
asei,
The Town of Soutbold's Code of Ethics prohibits con£1icL~ or
interest on tbs part of tows officers and em~o__~s. The
purpose of this form Is to provide lnforma~[on which can
alert the town of .possible COllfltcte of interest and allow
It Lo take whatever action is secessary ¢o avoid same.
(bast name, ~[rst name, middI~ ~]~'~ unles~
Tax grievance
Approval of plat --
(If "Otter," name the activity.)
Name of person employed by the Tow~ of Southold
Title or position of that person
D~scribe the ['elationship between yourself (the applicator)
and the town officer or employee. Either cheek the
appropriate line A) through D) and/or desorlbe in ~be spac~
p~ovided.
The town officer or employee or his or her spouse, sibling,
parent, or child is (check all that apply).
COrpOration);
DESCRIPTION OF RELATIONSI[IP
M&IJN
J~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTt~R OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax ~631} 765-6145
Telephone (631 ~ 765-1800
southoldtown.northfork, net
TO:
FROM:
DATED:
RE:
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
May 9, 2005
Zoning Appeal No. 5722
Transmitted herewith is Zoning Appeals No. 5722 - David Devlin & Donna Wexler - Zoning
Board of Appeals application for variance. Also included is Application for waiver under
section 100-26; Lot waiver questionnaire; ZBA questionnaire; Applicant transactional disclosure
form; Waiver of Merger (two pages); Notice of disapproval dated April 26, 2005; Town of
Southold property tax bill (SCTM 1000-70-4-23 & 22); map of property; Board of Trustees
permit number 2048 (two pages); Variance search (nine pages); deed dated July 27, 1976;
Suffolk County recording page (Oct. 7, 1996) copy of deed dated September 25, 1996; Suffolk
County recording page (Aug. 18, 2000); copy of deed dated August 1, 2000 (two pages); Suffolk
County recording page (July 30, 2004, two pages); copy of deed dated June 15, 2004 (two
pages); deed dated March 1, 1939; deed dated December 21, 1965 (two pages) and two pages
from the Suffolk County tax map book.
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 05/06/05
* * * RECEIPT * * *
Receipt#:
4791
Transaction(s):
1 1
Application Fees
Reference
5722
Subtotal
$150.00
Check#: 4791
Total Paid:
$150.00
Name:
Devlin, David & Donna Wexler
1275 West Mill Road
Southold, NY 11971
Clerk ID: BONNIED Internal ID: 5722
ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 5/5/05
ZBA # NAME CHECK # AMOUNT '~IIt~:~/'AMP
Devlin, David and u,~y 6 2005
5722 Wexler, Donna 4791 $150
Sout ftold Town Clerk
TOTAL $15o
By LK Thank you.
· ALL MO6RINGS STAKES MUST DISPLAY VI E MOORING NUMBERS
ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS
Board Of $outhold Town Trustees
SOUTHOLD. NEW YORK
Mooring J N/A
PERh~.!T bio ...... .~..g...!~.8_ ............ _nATl,- Auc~ust: 2 8.,1985
,SSUED TO .......... i .......................................
. Aulhorizali. o.
P~rsuanf to the prov;s;ons of Chapter 615 of the Laws of
the State of New YorE, 18931 and Chapter 404 of the L,.aws of the
State of New York 1952: and the Southold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND. GRAVEL OR OTHER MATERIALS FRONt
LANDS UNDER-TOWN WATERS? and in accordance with the
Resolution of The Board adopted at a meeting held on A~g~z,~::2..8,
.~hl.9...8~5 '~ and in consideration of the sum of $....5..,D..Q ............ .paid .l~y
Agnor & Elaine Benson
· ~f $ou~ho_j.~~ .......................................... N. Y. and ,ubj,ct to the
Terms and Conditions listed on the reverse side hereof,
~f S~thold Town Trustees authorizes and permits the followlnci: '
pp~¢ation approved under the Grandfather Clause
to secur, e a permit for a. bulkhead and dock
in Southold' all in a6cordance with· the
application submitted.
all in accordance with the detailed specifications as pre,~nted in
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees kere-
by causes its Corporate Seal to be these to
be aubscril~ed by a .majority of the as
!!
. TER!S and CONDITIONS
HI T~e Pe~n~e~ Agnor & Elaine Benson
' t~i4~gat 1175 H~i! Road. Southold ~.
pazt o~ ~e co~ide~doa ~o~ ~e ~ce of ~e Pe~t d~ ~dc~nd ~d
l~ing: ~. That the Southold ~rustees Permit must be prominently
.... displayed on the premises effected ~ereby during the period of
~" ~, ~ ~e ,~ B~d of T~ ~ ~e To~ of ~u~old ~ ~l~d f~ ~y ~d work
~ rflpect ~em, m ~o ~mplcte ~ion of ~ ~ud of
3. ~at ~-Pe~c h ~d for a ~ of ] ~ m~
for ~ ~on may be ~de to ~e ~d at a later dat~
4 ~ ~t ~ Pe~t ~o~d ~ re~ ~def~tel~, or as long
m ma~t2~ &e ~c~e or pmje~ ~volv~ to provide ~d~ce to ~yone mncem~ ~ m~-
or~on ~ DrizZly
S~ ~2t ~e work ~l~ed ~1 be ~bj~ to ~e hsp~oa ~d
Ju agefltN ~d ~n~mp~nce ~ ~e pto~io~ of ~e ori~aa~g appl[~o~ ~y ~ ~e for
~a~cfl of ~ P~t ~ t~olu~ofl of ~e said B~d.
~. ~]t there w~ be no ~so~able iflter~ence wi~
bgrtin
'7. That theze s~all be no intrHerence with the fight of the pubic to Lo=ss and repa.u along
the beach between biSb and low water
8. That i~ future operatlo~u of the Town of Southold tequlte the t~ovzl ~d/or
in ~e I~tion of ~e ~rk her~ au~o~ or ~. ~ ~e o~ of ~e
work sh~ ~ u~ble ~5~on to free nz~ga~on, ~e s~d Pe~ee ~ ~ r~
u~n due noti~, to remove or ~ter ~is work or pro~t beteln stated ~out
of
That the s',~d Board will be horSt'led by the Petntit~ee ot the completion of t~e work
(See tear off sheet.)
l0. T~ac the P~rmlttee will obtain aU od~et pr. rinks and consents d~t m~y be requited sup-.
plemem~ [o thi~ pcra~c which may b~ subject to revoke upon fa. Utu'e rD ob-I-
TITLE NUMBER: PAC-3641A
VARIANCE SEARCH
JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS:
THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW
YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE
OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED
AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF
NEW YORK, AND THAT UNDER HER SUPERVISION AND
DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND
DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID
EXAMINATION MADE TO INCLUDE 412005 AND TO DISCLOSE IF
SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE
OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED
HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE
ZONING ORDINANCE 1/1/57.
AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE BOARD OF
ZONING APPEALS OF THE TOWN OF SOUTHOLD TO REACH ANY
DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE
THE INFORMATION SET FORTH HEREIN AND KNOWING FULL
WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF.
LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY
REASON.
DATED: 4~20~05
SWORN TO BEFORE ME THIS
20th DAY OF APRIL, 2005
NOTARY PUBLIC
PECONIC ABSTRACT, INC.
BY:
JEANNE R..~T~ETT
OFFICE MANAGER
MICHELLE VAIL
Notary Public, State of New York
No OIVA4989798-Suffolk County
Commission Expires December 16, 20 ~
TITLE NUMBER: PAC.3641
SUBJECT PREMISES: 1000-070.00.04.00-022.000
Margaret W. Harper
To
L. Barron Hill and Adelaide H. Hill, his wife
Dated: 3/1/39
Recorded: 3~3~39
Liber 2015 page 56
(premises and more)
L. Barron Hill and Adelaide H. Hill, his wife
To
George Ahlers and Barbara Rubin
Dated: 12/21165
Recorded: 12/30/65
Liber 5886 page 484
(premises and more)
Map of Calves Neck filed 2/15/72, Map #5673, Abstract #6919
George Ahlers and Barbara Reynolds f/Ida
Rubin
To
Elaine Benson
Elaine Benson
To
Lora S. Collins
Dated 7~27~76
Recorded: 819/76
Liber 8084 page 70
(subject premises)
.Re. corded: 1017196
L~ber 11796 page 4~..~
Lora S. Collins
To
David T. Devlin and Lora S. Collins
Recorded: 8118/00
Liber 12064 page 275
Continued .....
Sworn to before me this
20t' day of April, 2005
Notary Public
PECONIC ABSTRACT, INC.
Office Manager
MICHELLE VAIL
Notary Public, State of New York
No. 01VA4989798-Suffork County
Commission Expires December 16, 20 ~
SUBJECT PREMISES: 1000-070.00-04.00-022.000
Continued .....
Lora S. Collins died 514/03, Suffolk Surrogates #1063P2003.
David T. Devlin and John W. Collins, as
Co-Executors of the Last Will and
Testament of Lora S. Collins
To
David T. Devlin
Dated: 6115/04
Recorded: 7~30~04
Liber 12334 page 230
(premises and more)
LAST DEED OF RECORD
Sworn to before me this
20~ day of April, 2005
Notary Public
PECONIC ABSTRACT, INC.
by: ~'~'
Jean ne~.Al~,~tt,
Office Manger
MICHELLE VAiL
Notary Public, State of New York
No. 01VA4989798-Suffojk County
Commission Expires December 16, 20 ~
TITLE NUMBER: PAC-3641
EAST OF SUBJECT PREMISES: 1000-070.00-04
Margaret W. Harper Date--dT3/l139
To Recorded: 3~3~39
L. Barron Hill and Adelaide H. Hill, his wife Liber 2015 page 56
(premises and more)
L. Barron Hill and Adelaide H. Hill, his wife
To
George Ahlers and Barbara Rubin
Dated: 12/21165
Recorded: 12/30/65
Liber 5886 page 484
(premises and more)
Map of Calves Neck filed 2/15/72, Map #5673, Abstract #6919
George Ahlers and Barbara Reynolds f/Ida
Barbara Rubin
To
Agnor Benson and Elaine Benson, his wife
Dated 4/17/72
Recorded: 4/24/72
Liber 7146 page 221
Agnor Benson and Elaine Benson, his wife
To
David T. Devlin and Lora S. Collins
Dated: 9~25~96
Recorded: 10/7/96
Liber 11796 page 3
(subject premises)
Lora S. Collins died 514/03, Suffolk Surrogates #1063P2003.
David T. Devlin and John W. Collins, as
Co-Executors of the Last Will and
Testament of Lora S. Collins
To
David T. Devlin
Dated: 6/15/04
Recorded: 7/30/04
Liber 12334 page 230
(premises and more)
LAST DEED OF RECORD
Sworn to before me this
20t~ day of April, 2005
Notary Public
MtcHELLE VAIL
NotarY public, State of New ¥ort(
No. 01VA4989798-Sufl°~k County
Commission Expires December 16, 20
PECONIC ABSTRACT, INC.
by:
Jeanne~f~tett,
Office Ma~nager
TITLE NUMBER: PAC-3641
EAST OF SUBJECT PREMISES: 1000-070.00-04.00-024.000
Margaret W. Harper
To
L. Barron Hill and Adelaide H. Hill, his wife
Dated: 3/1139
Recorded: 313139
Liber 2015 page 56
(premises and more)
L. Barron Hill and Adelaide H. Hill, his wife
To
George Ahlers and Barbara Rubin
Dated: 12/21165
Recorded: 12/30/65
Liber 5886 page 484
(premises and more)
Map of Calves Neck filed 2/15/72, Map #5673, Abstract #6919
George Ahlers and Barbara Reynolds flk/a
Barbara Rubin
To
Rae E. Taylor
Dated 10131/72
Recorded: 11128/72
Liber 7291 page 282
(subject premises)
Rae E. Taylor
To
John B. Amrod and Frances E. Amrod,
his wife
Dated: 12/18/78
Recorded: 1122/79
Liber 8571 page 37
John B. Amrod and Frances E. Amrod,
his wife
to
Julia D. Hennessey
Dated: 3111/82
Recorded: 4~9~82
Liber 9166 page 3
Continued .....
Swom to before me this
20= day of April, 2005
Notary Public
PECONIC ABSTRACT, INC.
by: ~/~'~
Jeanlr~s-A/~tt,
Office Manager
MiCHELLE VAIL
Notary Public, State of New York
No. 01VA4989798-Suffolk County
Commission EXpires December 16, 20 _~
Continued .....
EAST OF SUBJECT PREMISES: 1000-070.00-04.00-024.000
Julia D. Hennessey
To
Samuel Kirschman
Dated: 9128187
Recorded: 10/7187
Liber 10439 page 365
Samuel Kirschman
To
Scott Patchell and Gayle Patchell, his wife
Dated: 12/30196
Recorded: 1115197
Liber 11811 page 216
LAST DEED OF RECORD
Sworn to before me this
20th day of April, 2005
Notary Public
PECONICABSTRACT, INC.
by;
Jean ehel~ett,
Office M~'ager
MICHELLE VAIL
Notary Public, State of New Yorl<
No. 01VA4989798.Suffolk County
Commission Expires December 16, 20~
TITLE NUMBER: PAC-3641
SOUTH OF SUBJECT PREMISES: 1000-070.00.04.00.021.000
Samuel Dickerson and
Susan J. Dickerson, his wife
To
George H. Wells
Dated: 1/30120
Recorded: 1/31/20
Liber 991 page 389
(premises and more)
George H. Wells died 9/11/39, Suffolk Surrogates #397P1939.
Herbert W. Wells, Carol E. Wells a/Ida
Carolyn E. Wells, Iva Gladys Merwin a/Ida
Gladys W. Merwin, as surviving Devisees
Under the Last Will and Testament of
George H. Wells and Alice B. Wells and
Elizabeth Wells Ward, Sole Heirs at Law and
Distributees of William A. Wells
To
Opal R. Akscin
Dated 3111169
Recorded: 3120169
Liber 6522 page 465
(premises and more)
Opal R. Akscin
To
Lefferts P. Edson
Dated: 3/14/69
Recorded: 3~20~69
Liber 6522 page 469
(premises and more)
Lefferts P. Edson and Grace R. Edson,
his wife
to
Charles A. Mebus and Margaret E. Mebus,
his wife
Dated: 10125/77
Recorded: 10131/77
Liber 8334 page 485
(subject premises)
continued .....
Sworn to before me this
20t~ day of April, 2005
Notary Public
MICHELLE VAIL
Notary Public, State of New York
No, 01VA4989798-Suflolk County
Commission Expires December 16, 20
PECONIC ABSTRACT, INC.
by:
Jeantte~,~stett,
Office M~nager
Continued .....
SOUTH OF SUBJECT PREMISES: 1000-070.00-04.00-021.000
Charles A. Mebus and Margaret E. Mebus
To
Charles A. Mebus
Dated: 711101
Recorded: 713101
Liber 12127 page 654
Charles A. Mebus Dated: 7/2/01
To Recorded: 715/01
The Mebus Qualified Personal Residence Liber 12127 page 905
Trust #1 - as to 1/3~ interest, The Mebus
Qualified Personal Residence Trust #11 - as to
1/3r~ interest, The Mebus Qualified Personal
Residence Trust #111 - as to 1/3r~ interest
Sworn to before me this
20· day of April, 2005
Notary Public
PECONIC ABSTRACT, INC.
by:
Jeanr~ A~ett,
Office li~ger
MI?HELLE VAIL
Notary PUblic
C,~_No. 01VA49~,~'..~tate of Ne ......
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4663
May 3,
RECEIVED
MAY $ - 2005
ZONING BOARD OF APPEALS
2005
Southold Town Zoning Board of Appeals
Southold Town Hall
PO Box 1179
Southold, NY 11971
Re:
Application for Waiver Under Section 100-26
of Donna Wexler and David T. Devlin
Dear Ladies/Gentlemen:
Enclosed please find one original and six sets of
following for the above referenced matter:
2.
3.
4.
2.
3.
4.
5.
6.
7.
Application
Lot Waiver Questionniare
ZBA Questionnaire
Disclosure Form
Notice of Disapproval
Copies of recent tax bills for both lots
Copies of current deeds for all lots
Chain of title list
Copy of current County tax map
Filing fee of $150.00
the
Please place this matter on your hearing calendar. Thank you.
~yours,
(~R~J~ri~~o o r e
PCM/mr
Encls.
LEGAL NOTICE
SOUTHOLD TOWN ZON-
ING BOARD OF APPEALS
THURSDAY, JULY 7, 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 pub-
lic hearings 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,
JULY 7, 2005:
9:35 AM MICHAEL and
JENNIFER BOCCIO #5715.
Request for a Special Exception
unffek Section 100-31B(13) for
an Accessory Apartment, acces-
sory and incidental to the
owner's single-family residence,
at 2345 Plum Island Lane,
Orient; CTM 15-5-24.3.
9:40 AM LOUIS and LISA
CARACCIOLO #5721.
Request for a Variance under
Sections 100-242A and 100-
244, based on the Building
Department's April 27, 2005
Notice of Disapproval concern-
ing a proposed addition which
will increase the degree of non-
conformance when located al
less than the code-required 55 ft.
oI Disapproval, tot aren, wlntn
and depth of CTM 1000-48-3-
24, prol]~[t to be deeded (as a
single ~l~ate lot) in this re-
division o"o'T merged lands, adja-
cent to CTM Re~. 100048-3-?.1
fronting along Linnet Street, and
shown on the Map of Greenport
Driving Park, Lots 18 and 64.
Also requested is a variance for
a combined side yard setback
area of less than the code-
required 25 feet. Location of
Property: 245 Brown Street,
Greenport.
10:20 AM PETER SCHEM-
BRI #5732. Request for a
Variance under Section 100-32,
based on the Building
Department's May 6, 2005
Notice of Disapproval concern-
ing a proposed new dwelling at
less than the code-required 35 fi.
front yard (minimum) setback
at 1026 Senwood Drive,
Southold; CTM 79-7-63.
10:35 AM SHORELINE
DEVELOPMENT CORPORA-
TION and A. ROJAS #5733.
Request for a Variance under
Section 100-244, based on the
Building Inspector's April 27,
2005 Notice of Disapproval con-
corning a proposed dwelling at
less than the code-required 35 ftc.
front yard (minimum} setback,
at 55 Brown Street, Greenport;
CTM 48-3-29.
10:45 AM SHORELINE
DEVELOPMENT CORPORA-
TION and A. ROJAS #5735.
Request for a Variance under
Section 100-244. based on the
Building Inspector's April 27,
See Legals next pagO
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Nancy M. Mclaughlin, 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 which the annexed is a
printed copy, has been published in said
Traveler Watchman once each week
for ...... ./.....week(s) successively,
commencing on the ..... /~. ....... day of
5 ..... ,~--L./.&. ~.. ............. , 2005,
Sworn to before me this..../..~...day of
Notary Public
/
'1.~1~ fi'om preceding page YI (vacan~ lan.d) 1ar a~cess width, which
statements, before tho'?~ionglu~
r~°~m"cni-~' -- - from C~ 704-23 (improved). meet ~e c~ ~d 15 ~ si~ofeachhe~g.
-, Based on ~e Buildin~ minimum wid~ over CTM '~g will not s~
2~SNoticeofDisapprovalcun- I Impector's April 26, 200] P~cel 1~-51-1-5, ~d (2) desi~ated above.'
cm~g a ~opos~ dwell~g at ~ Notice of Disa~mval, ~e ~p- based on the Buil&ng av~lable f~ ~hew
[ess~een~?~uff~35ff. ~es have ~ m~ged ~ ~s D~ent's M~h 28, 2~5 ~bus~e~ht~.
~unt y~d (mm) s~bpck , R-40 Low-DmsiW Rasidenfi~ Notice of Disav~ov~, for v~- quas~uns, plea~ do
~d le~s &~ ~e c~-mq~ed ] Zone District, ~der Section ~ce ~der ~w York Tom m e~l(630 765-18~..'.
tomls~dey~d~tbaek~eaof25 I 100-25. ~atiun of~ope~: Law, Seodon280A, esmbli~g ~: J~e9,2~5~
feet. at 1175 Nin~ S~eet. 1275 West Hill RoM (~1175 &e ~m com~cfiun ~ec- BY O~ER OF ~:ZO~O
~O~a; C~ 48-3-2. West Hill Road), C~ves Neck ificafions for ravel by emer- BO~ OF ~P~
1:00 PM K. ~d P. Sou~old. gency ~d o&er ve~cles ov~ a
. t-o,-wny, o,
C .
direct ~on~ge ~ong a mm By
s~eet. L~a6un: 17877 ~d ~ 1X 6/1~0)
WHITROCI~ #5702. Request
for Variances under Sections
100-239.4B and 100-244, based
on the Building Department's
March 22, 2005 Notice of
Disapproval, amended May 10,
2005, concerning a proposed
new dwelling in a location: (1)'
at less than the code-required
minimum 15 feet on a single
side yard, (2) at less than 20 ft.
minimum on the remaining side
yard; (3) at less than the coder
required minimum 35 ft. total
side yards, and (4) at less
than 75 feet from the reVaiuing
wall structure, afier demo
e~sting dwelling, at 580 Camp
Mmeola Road, Mattituck; CTM
123-6-20.
1:10 PM DAVID T. DEVLIN
#5722. Request for a Waiver
· ~der Section 100-26 to
1:20 PM HOWARD WALD-
MAN #5723. Request for
Variances under Sections 100-
30A.3 and 100-33, based on the
Building Department's April 14,
2005 Notice of Disapproval con-
?ming_: (1) an accessory build-
ng, aIler conversion from a
dwelling to an accessory use,
located in an area other than a
6ode-required rear yard, and (2)
new dwelling at less than 50 feet
from the front property line, at
95 Arrowhead Lane, Pecouic;
CTM 98-3-1 & 2, combined as a
46,029 sq. ft. single lot.
1:30 PM VIVIAN LINDER-
MAYER and ASPASIA
IVariSRAFIL #5725. Request for
ances under: (1) Zo~ng
Code Section 100-235 based on
the Building Department's and
Ma3, 12. 2005 Notices.. of
17815 Soundview Avenue,
Southold; CTM 51-1-4 and 5.
1:40 PM ARLENE arid
PETER MANOS #5730.
Request' for a. Variance under
Section 100-239.4A (and 100-
242A), based on thc Building
Department's April 22, 2005
Notice of Disapproval, concern-
in# proposed addition with alter-
athens which creates a new
degree of nonconfOrmance,pro-
posed at less than 100 feet Rom
the top of the bluff or bank .of the
Long Island Sound, at 2000
Sound Drive, Oreenport; CTM
33c1-1 g.
The Board of Appeals will
hear all. persons, or their repro-
PETER SCHEM-
Varianc~;u~de~! ~6~ti~fi
2AR~CCIOLO '~
b~sed~ on the
setback.
mi~i~ front'~y~d sethack, at
4350 Mil! ~
9~45~ ~CH~$ POLO:
~05,~.of~pprov~ con,
e~g~opos~: ~ifions wi~
al~nom whch MI1 ~cre~e
· e de~ee 6f noneo~om~ce
or c~eate a new nonconfor-
~; wh~ located
mi~!~'si& y~d ~ less:~
Y~ 5;:go~ at 22655
:15
less
1 5%2,2T
AM EDWARD and
BEATRICE SAWtCKI #5728;,
Departmem's !~e~ 9,, 2005
Notice of Disapproval, concern-
ing a pr~sed
alteration :",
.wilt ew, ate anew uoneonfor-
m~t~e when 10cate6.;at !ess than
the,.c, ode'Xeq~::$0, fegt fxom
' ':10~;45 ~ SHORELINE
DE~LOPMENt~ CORPORA~
TION,:0x~I A..ROJAS #5735.
Request' f6r a Variance under
Section 100-244, based on the
B~fiil~g _Inspector,s April 27,
:005 Notice of DisaPProval con-
:erning a proposed dwelling at
~ss than the code-required 35 ft.
i'ont yard (minimum) setback
md less than the code-required
otal side yard setback area of 25
bet, at 1175 Ninth Street,
3reenport; CTM 48-3-2·
1:00 PM K. and P.
)VHITROCK #5702. Req.u~st
br Variances under SeeUons
00-239.4B and 100-244, based
m the Building Department's
darch 22, 2005 Notice of
}isapproval, amended May !0,
~.005, concerning a proposed
~ew dwelling in a location: (1)'
~t less than the code-required
uinimum 15 feet on a single
;ide yard, (2) at less than 20 ft.
ninimum On the remaining side
tard; (3) at less than the coder
~quired minimum 35 ft. total
fide yards, and (4)'at le§S
han 75 feet from the retaining
vail structure, after demo of
t23-6,20.
1:10 PM DAVID T. DEVLIN
t5722. Request for a Waiver
ruder Section 100-26 to
mmerge County Tax Map Reft
101)0;70-4-22 (vacant land)
from CTM 70-4-23 (improved).
Bas6d On the Building
Inspector's April 26, 2005
Notice of Disapproval, the prop-
erties have been merged in this
R-40 Low-Density Residential
Zone District, under Section
100-25. Location of Property:
1275 West Hill Road (and 1175
West Hill Road), Calves Neck,
Southold.
MAN #5723. Request tZor
Varianc~l~der Sections 100-
30A.3 a!~00-33, based on the
Building'Department's April 14,
200~ Notice of Disapproval con-
cemmg: (1) an accessory build-
ing, after conversion from a
dwelling to an accessory use,
19cated in an area other than a
code-required rear yard, and (2)
new dwelling at less than 50 feet
from the front property line, at
95 Arrowhead Lane, Peconic; ,
CTM 98-3-1 & 21 combined as a
46,029 sq. ft. single lot.
1:30 PM VIVIAN LINDER- ~
MAYER and ASPASIA
IS ~P?~FIL #5725~ Request for
Variances under: (1) Zorfing.
Code Section 100-235 based-on
the Building Denartment's and
May 12, 200~ Notices of
· Disapproval, concerning vehicu-
lar access width, which does not ,
meet the code required 15 ft.
minimum width over CTM
Parcel 1000-51-1-5, and (2) ~
based on the Building
Department's March 28, 2005
Notice of Disapproval, for vari-
ance under New York Town
Law, Section 280A, establishing
the minimum construction spec-
ifications for travel by emer- ~
gency and other vehicles over a
prlvate right-of-way, instead of
direct frontage along,, a town
street. Location: 17877 and
17815 Soundview Avenue,
Southold; CTM 51-1-4 and 5.
1:40 PM ARLENE and
PETER MANOS #5730.
Request' for a Variance under
Section 100-239.4A (and 100-
242A), based on the Building
Department's April 22, 2005
Notice of Disapproval, concern-
ing proposed addition with alter-
ations which creates a new
degree of nonconformance,~ro-
posed at less than 100 feet trom
the top of the bluffer bank of the
Long Island Sound, at 2000
Sound Drive, Cn'eenport; CTM
334-18.
The Board of Appeals will
hear all persons, or their repre-
sentatives, desiring to be heard
or desiring to submit written
statements, before the conclu-
SiOn of each hearing. Each bear-
ing will not start earlier than
der#hated above. Fil~s are
available for review during reg-
uiar business hours. If you have
questions, please do not .hesitate
to call(631) 765-1809.
Dated: June 9, 2005.
BY ORDER OF THE ZONING
BOARD OF APPEALS TOWN
OF SOUTHOLD
RLrFH Di OLIVA,
CHAIRWOMAN
By Linda Kowalski
1X 6/16/05 (880)
LEGAL NOTICE
PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JULY 7, 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, July 7, 2005, at the time noted below (or as soon thereafter as possible):
1:10 PM DAVID T. DEVLIN #5722. Request for a Waiver under Section 100-26 to unmerge
County Tax map Ref. 1000-70-4-22 (vacant land) from CTM 70-4-23 (improved). Based on
the Building Inspector's April 26, 2005 Notice of Disapproval, the properties have been merged
in this R-40 Low-Density Residential Zone District, under Section 100-25. Location of
Property: 1275 West Hill Road (and 1175 West Hill Road), Calves Neck, Southold.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start eadier 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: June 8, 2005.
Ruth D. Oliva, Chairwoman
Board of Appeals
ZONING BOARD OF APPEAL~"~
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hail 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
June 9,2005
Re: Chapter 58 - Public Notices for Thursday, July 7, 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 newspaper.
1) Before June 20TM:
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 al_~l 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 June 27th: please either mail or deliver to our office your Affidavit of Mailinq (form
enclosed) with parcel numbers, names and addresses noted, and furnish it to our office 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 JUNE 29th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for at least
seven (7) days and kept in place till the hearing date. Securely place the sign on your
property facing the street, no more than 10 feet from the front property line bordering the street.
If you border more than one street or roadway, an extra sign is available for the additional front
yard. Please also deliver your Affidavit of Postin,q at the meeting (or earlier if possible).
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.
COUNTY OF SUFFOLK (~) ~ ~'
roar ax Service ~yY
11901
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN gALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. northfork.net/Southold/
Examined ,20
Approved ~ / ,20
Disapproved aJc //~V~
PERMIT NO.
BUILDII~ERMIT APPLICATION CHECKLIST
DO you have or need the following, before applying?
Board of Health
4 sets of Binlding Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
..... ~ Mail to:
phone:
Expiration ., 20 .~,~% .~ , \ ~
;1 :~-'~/t, APPLICATION FOR BUILDING PE~IT
'; ~t~[ :' [ t Dat~ _ ,20.
~m'appncanon ~ST be completely filled m by t~ewriter or ~ i~ and submtted to the Building ~spector with 4
sets ofpl~s, accmte plot pl~ to scale. Fee accor&ng to schedule.
b. Plot pl~ show~g location of lot ~d of buil~ngs on premises, relationsMp to adjoin~g premises or public s~eets or
c. ~e work covered by this application may not be commenced before issu~ce of Building Pemt.
d. Upon approv~ of ~s application, the Buil~g ~spector will issue a Building Pe~it to ~e applic~t. Such a pe~it
sh~ be k~t on ~e pr~ses av~lable for inspection ~ou~out the work.
e. No bufl~g shM1 be occupied or used ~ whole or ~ p~ for ~y pu¢ose what so ever until the Buil&ng ~spector
issues a Ce~ificate of Occup~cy.
f. Ev~ building pe~it sh~l expffe if the work authorized has not commenced wi~n 12 months a~er ~e date of
issu~ce or ~s not been completed within 18 monks from such date. If no zoning men~ents or o~er regulations affecting the
prop~y ~ve been enacted ~ ~e ~tem, ~e Buil~g hspector may authorize, in writing, the extension of the pe~it for ~
ad~tion six months. ~ere~er, a new pemit sh~l be requked.
~PLICATION IS ~BY M~E to the Build~g D~ment for ~e issu~ce of a Buil~g Pe~it pursuit to the
Buil~g Zone Ord~ce of~e Town of Sou~old, Suffolk County, New York, ~d o~er applicable Laws, Ordin~ces or
Relations, for ~e co~ction of buildings, ad&tions, or alterations or for removal or demolition as herein described. The
apphcant a~ees to comply with all applicable laws, ordinances, buil&ng code, housing code, ~d re~lations, ~d to a~it
authohzed inspectors on premises and in building for necess~ inspections. ,
(Signature o~ appl~.etar~t or name, ifa co~porati0n7
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Nameofownerofpremises ~,~/zd ~7~ ,~ v'////:~
(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.
Location of land on which proposed x~rk will be dome:
House N~ber S~eet
CountyTax Map No. I000 Section 70
Subdivision dT'd [O"f~ ~A/¢C ~
(Name)
Hamlet
Block~, '
Fi'l--cd
Lot ~
Lot
2. State existing use and occupancy off aises and intended use.and occupancy Lproposed cons'a'uctiqm:
a. Existinguseandoccupancy /2ta,~t~,,d d'l/f,~ /~4r.e..~P c:~,.~ ?q/,41~b~,~] ~
b. Intended use and occupancy
3. Nature of work (check which applicable): New Building.
Repair Removal Demolition
Addition Alteration
Other Work
4. Estimated Cost Fee
If dwelling, number of dwelling units
If garage, number of cars
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height. Number of Stories
Rear
Depth
Dimensions of same structure with alterations or additions: Front
Depth. Height. Number of Stories
Rear
8. Dimensions of entire new construction: Front
Height Number of Stories
Rear
Depth
9. Size of lot: Front Rear .Depth
10. Date of Purchase
Name of Former Owner
11. Zone or use district in which premises are situated
12. Does propOsed construction violate any zoning law, ordinance or regulation? YES__ NO__
13. Will lot be re-graded? YES__ NO __Will excess fill be removed fi.om premises? YES __
NO
14. Names of Owner of premises
Name of Architect
Name of Contractor
Address Phone No.
Address Phone No
Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * 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__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
NO
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF O//cP
/~--~Z~c~ f/r~ ~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual sigrdng contract) above named,
x ,~,~-~,~ (Contractor, Agent, Corporate Officer, etc.)
(S)He
is
the
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
day of ~e.~[ 20
o Publi~ ~
John M. Judqe
NOTARY PUB~L410C
No. 01 JU6059
Qualified In SuffolkS_
Commission
Signature of Applicant
Draft from Court Reporter,
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Florence Wiles, emailed 8/23/05 FYI
TOWN OF SOUTHOLD ZONING BOARD OF APPEALS
COUNTY OF SUFFOLK : STATE OF NEW YORK
TOWN 0 F SOU T H OLD
ZONING BOARD OF APPEALS
Southold Town Hall
53095 Main Road
Southold, New York
July 7, 2005
9:30 a.m.
Board Members Present :
RUTH OLIVA, Chairwoman
VINCENT ORLANDO, Vice Chairman
GERARD P. GOEHRINGER, Board Member
JAMES DINIZIO, Board Member
MICHAEL SIMON, Board Member
LINDA KOWALSKI, Board Secretary
KIERAN CORCORAN, Assistant Town Attorney
COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047
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storage up in the space?
CHAIRWOMAN OLIVA: No.
BOARD SECY. KOWALSKI:. Mr. Hutchinson, if
you would like, you can submit a couple of
different diagrams showing different roof designs,
you can submit a couple of different ones for the
Board to look at.
MR. HUTCHINSON: Okay.
CHAIRWOMAN OLIVA: I'll make a motion to
adjourn this hearing until August 18th at 1:00
(See minutes for resolution.)
CHAIRWOMAN OLIVA: Next hearing is for
David Devlin for a waiver of merger on West Hill
Road on Calves Neck in Southold. Miss Moore?
MS. MOORE: Good afternoon, I have all the
documentation in your file. I don't know how
importantly some of the issues are that Calve's
Neck, map of Calve's Neck, which was a 1972 filed
property except three lots -- only three lots are
vacant, all the rest are developed, this being one
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of the lots. The other two lots that appeared
unimproved as to the assessor's records were
single and separate lots owned by -- I didn't do
the title history on it, I don't know what they
will find when they file for a building permit
application but at least at present they're owned
by individuals and I did not see the same owner on
either side. So I have to assume that everyone is
single and separate.
We have a situation where the properties
were upon left as single and separate; the title
history here shows they were single and separate
both prior to the Collins-Devlin ownership, and
then unfortunately because of a personal situation
going on between Collins and Devlin, the title was
transferred. That was transferred. That was at
the only point in time that the merger occurred,
otherwise we wouldn't be here today.
ASST. TOWN ATTY. CORCORAN: When was that;
was that in 2000?
MS. MOORE: Yes. It was in 2002, 2000,
pardon me.
ASST. TOWN ATTY. CORCORAN: Looks like
they were intentionally held separate for a period
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of time and then something happened
MS. MOORE: I can go into the personal
history. I think it's private Mr. Devlin shared
it with us but I don't want to talk about it. But
yes, 2000 the deed was conveyed, but aside from
that it would have remained separate. The
property now Mr. Devlin is selling to Miss Wexler,
and she would like to preserve its integrity as
two separate lots. Her intention as I stated on
the record is she and her mother, her mother has
her own house but she's reaching an age where she
needs to be close by, she's actually intending to
build the two houses. Keep them in her control,
her mom living in one and she lives in the other
one,
That's where we are today and we'd like to
have it deemed, reestablish the single and
separate nature of it. These parcels, as I said,
they're few and far between certainly in this
neighborhood, this is the only situation I saw
that this was a merger and that was unfortunate.
I'll answer any questions you have.
CHAIRWOMAN OLIVA: I have read the whole
thing. Jerry
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BOARD MEMBER GOEHRINGER: No, not at this
time. Just to make a statement that Miss Collins
as being a member of this Board was not only a
personal friend of mine but also a wonderful
person.
BOARD MEMBER ORLANDO: And also I didn't
know Miss Collins, but the legacy still lives on
in the Zoning Board. I don't believe she would
have purchased them without single and separate.
CHAIRWOMAN OLIVA: Michael?
BOARD MEMBER SIMON: No.
CHAIRWOMAN OLIVA: Jim?
BOARD MEMBER DINIZIO: I knew Miss Collins
also, and I actually understand the situation. I
have no problem at all.
ASST. TOWN ATTY. CORCORAN: Pat, do you
want to briefly touch on the standards for the
waiver merger?
MS. MOORE: I can, I certainly I have it
written out. I don't usually go into it.
ASST. TOWN ATTY. CORCOKAN: And it's
submitted?
CHAIRWOMAN OLIVA: Yes.
MS. MOORE: I said could do a complete
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file for your file.
BOARD MEMBER DINIZIO: It's in your
application, and I think the Board was so willing,
I'd like to move --
CHAIRWOMAN OLIVA: No. I want to hold
this until the 21st.
MS. MOORE: Okay. Thank you.
CHAIRWOMAN OLIVA: Thanks, Pat. Is there
anybody here that wishes to speak on this
application? Yes, sir?
MR. NEEPUS: I'm Charles Neepus, 2145
Wells Avenue. I'm not in favor of unmerging this
property as essentially a corner lot and another
house on that property I don't think is any asset
to the Hill Road area. And the other problem is
is that if these properties are separately sold at
another time, even though they can be under her
control now, if they're sold later, it's going to
involve relocation of the driveway to the present
home and loss of half the driveway in the back,
which I think is going to be a real detriment to a
very nice piece of property.
CHAIRWOMAN OLIVA: Thank you, sir. Does
anybody else wish to speak on this application?
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Yes, sir?
MR. LEE: Good afternoon, Mr. Lee. My
name is Fred Lee. I live at 1820 Wells Avenue. I
am just west of this property, adjacent I guess.
For the record, I am a very strong proponent of
property owner's rights. I don't know exactly
what the law is and what the history was before.
It is a very beautiful property. Somehow my
thinking that to unmerge it to create two separate
building lots and to put a second house on, I
think would change drastically the appearance of
the neighborhood and affect it adversely. I'd
have to say that I would be against it. Still
understanding property owner's rights and things
like that, I think it would affect the nature and
the appearance of the i~mediate neighborhood
adversely.
CHAIRWOMAN OLIVA: Thank you. Anybody
else? Yes, ma'am?
MS. PATCHELL: My name is Gail Patchell.
I reside at 1075 Hill Road West. I was just
curious, why was it denied before?
CHAIRWOMAN OLIVA: This is the first time.
BOARD SECY. KOWALSKI: It was denied by
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the Building Department, the letterhead top of it
is missing on there.
MS. PATCHELL: Again, I'm all for property
owner's rights. My concern is the bulkheading
down at the water side. If you split that
bulkhead 20 feet, the new property owner, I'm just
very concerned about congestion in the creek
itself. I don't know if you have actually seen
the property, it's a square. Mr. Devlin who is
such a nice guy, and so is Mrs. Collins, I'm just
sorry that they didn't --
CHAIRWOMAN OLIVA: Do it.
MS. PATCHELL: Exactly. I'm just
concerned about the boat congestion at the end of
the creek. The way it's set up the new property
owner with the 20 feet of bulkhead does have a
right to bring their boat there, and it's going to
infringe on Mr. Neepus's property the way it is
now.
BOARD MEMBER DINIZIO: Can I comment on
that now? Up until 2000, people were always
allowed to do that. That lot was a single and
separate lot, and they could have built a house on
that particular lot, and something happened, Miss
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Collins is no longer with us, and just simply
because of a paperwork-type of error, not
necessarily by anybody's intention, they ran afoul
of a law that we have in this town about mergers
of smaller lots.
MS. PATCHELL:
right?
Right, checker boarding,
BOARD MEMBER DINIZIO: That's right. But
unfortunately, these people were not married to
each other. She was a lawyer. She was a member
of this Board. Very nice lady. Quite honestly,
we watched her die, in all honesty. I had some
long discussions with her, I'm not going to hide
that in any way. But I have always felt this way
about mergers, that the Town is heartless, to say
the least, when it comes to this. That particular
law doesn't allow for much leeway, specifically in
instances like this, and for whatever reason, this
Town doesn't want to -- I call it confiscation --
they don't want to address that problem that there
is no advertised, no writing to a person and
saying, hey, you know, your lots are merged,
here's your single tax bill. You don't get that.
Therefore you don't kind of think about it. It
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just kind of happens and here we are. In the year
2000 or 1999 there could have been a house in that
location; there could have been a 60 foot boat, I
don't think you can get that in that creek, but
you can get a good-sized boat there, and no one
would be the wiser, it would have just happened.
It was that way since the development was there.
It's not like this is a lot that's being created.
This is just a lot that for paperwork reasons was
merged by definition of the Town.
MS. PATCHELL: Maybe that's the point, it
was bought under that condition. When that
property was being shown, it was shown as one
parcel, not as two. If it was Mr. Devlin here, I
would have no problems with it. He bought the
property as it is. This isn't the case.
CHAIRWOMAN OLIVA: Thank you, anybody
else.
MS. WICKHAM: My name is Gail Wickham, and
I'm here on behalf of Peter Hughes who is a
neighbor across the street. His wife had surgery
in New York this morning and so he asked if I
would speak.
I want to start by reiterating that I have
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the highest regard, for Laura Collins, she was a
friend and a client on other unrelated matters and
a very smart woman as well. But there are two
things that strike me as odd about this
application as far as the physical characteristics
of the lot, they don't seem to match up with
separating the two properties, and the reason I
say that is it's landscaped as one, the house
location is more or less towards the middle of the
property, the driveway location overlaps, the
garage access in the rear requires the use of both
lots, and as it narrows down to the creek it's
very small, and I would reiterate what the lady
before he me said about the bulkhead concern.
The second thing that is particularly odd
about this does relate to the fact that Laura was,
as we said, an attorney, she was a very smart
woman, she was a member of your Board; she
obviously had this as a single and separate lot
but I believe in 2000 she merged this property.
She put this deed from herself into herself and
David Devlin as tenants-in-common, which is
exactly how the deed on the other property did. I
can't imagine that she didn't understand that she
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was merging the property. Quite frankly, I have a
little bit of hard time following the reasoning of
the application, but it seemed to have been done
in an effort to make sure there was a devolution
of the property in a certain way, and that I
understand, but that doesn't change the fact that
she intended apparently, I think, to merge the
properties and to keep them as one single
property. And that doesn't change the way that
the property would be devolved, whether it's
merged or unmerged. So I don't find it
consistent, the argument that this should not have
been merged.
Further, the deeds following that deed in
the estate out of the executor, confirmed that
merger within the same deed. So those are the two
things that I would like the Board to look at very
carefully.
As far as the property characteristics
itself, I also would like to point out that you
only have 10.5 feet between the corner of the
house and the side yard and there is shrubbery
there. So I don't know how you would get around
the house to the water, which is, as we know,
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Mr. Goehringer's emergency access concern, how you
would maneuver in and out of the house, how, I
can't read the setback of the rear property from
the line, but you may be creating a non-conformity
if you grant this merger because it's not shown
what the total side yards or the rear yard are.
Also with respect to the vacant lot which is
thought to be set apart, I know it does appear to
be a corner lot, which will affect the setbacks.
You would have to build the house because it
narrows down in the back, you would have to build
it way up towards the road, which I think would
affect the neighborhood, particularly along this
strip.
So I would like the Board to take a real
close look at those factors before they grant this
application just out of respect to a former
colleague. And one other quick thing I'd like to
address in terms of the standards for granting the
waiver of merger, the increase in density of the
neighborhood I would say is not a big issue, but I
don't think that these two lots would be
consistent, your second standard, with other lots
in the neighborhood given their shape and their
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configuration and the location of the house on it.
I don't see anything in the record of any
significant economic hardship, I don't see it
there. I don't think it's been shown, and
Mr. Dinizio mentioned confiscation, it does happen
very often with the mergers, I don't see it here.
But I would ask that you consider those things in
reviewing this file. Thank you.
BOARD MEMBER ORLANDO: Thank you Miss
Wickham. Thank you for enlightening us and making
us look over that, I think we kind of went through
it in respect to Ms. Collins, but she no longer
owns it or her significant other is no longer
owner of this property.
MS. MOORE: If I could interject and
respond to those points. First and foremost, the
information I gathered here came from Mr. Devlin
himself. He co-signed this application, and he's
the one who provided the insight as to why it was
being done. None of us knows specifically what
was in Miss Collinses head, what her intentions
were. However, Mr. Devlin, given the two were
partners, I shared with you the basis why the
merger was done at that time. The fact that she
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sat on this Board also, she understood the
consequences of the merger, she also appreciated
the fact that you do waive merger, and so there
was a way of undoing it when Mr. Devlin was
prepared and ready and thought it was appropriate
to do. So that's why the application came in
under his name as well.
The second issue that was raised was with
respect to access. Right now there's one
driveway, this had been an old potato barn so that
it was designed a certain way. It will eventually
be renovated and the driveway will be fixed so it
doesn't necessarily come around from the back end
where the garage entrance is today, but there
would be no objection I checked with Miss Wexler
if we could provide a co~on driveway. We would
have no issue to providing a common driveway
between the two properties since for now it's
going to be used by the co,non individual and at a
later date we would merely give an easement to
anybody who were to buy that as a separate parcel,
and they would for the most part this neighborhood
would see not much difference as to how the
driveway is set up. The driveway can remain off
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West Hill Road, it's already improved there, and
it could be redesigned so it straddles the
property line and works well as the access to both
parcels. So in listening to the comments we would
accommodate and try to respond to it.
With respect to financial hardship, this
Board is well aware of the values of property the
allocation of the price on this property is that
the lot itself is allocated -- we're going by
memory, I don't represent her on the purchase so
we think it's $300,000 for the vacant lot,
thereabouts. It might be 350 or something, so
that's the value of the lot separate and apart
from the house parcel. The house is a nice house
but it does need some renovations and the value
here, certainly the lot is very valuable, and it's
particularly valuable to Miss Wexler because of
her personal situation, that's certainly not a
consideration for this Board, personal hardship,
however in this instance the two lots work well
together for her purpose.
I think those were the only comments that
required response.
CHAIRWOMAN OLIVA: Thank you. Does anyone
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else have any comments on this application? Miss
Wickham?
MS. WICKHAM: Just two things. I just
want to say that the value of the property as a
whole belies the fact that there could be any
economic hardship here, and the fact that a common
driveway is really the only way you can go further
reinforces the fact that it is a single lot, it
would be most appropriate as a single lot.
CHAIRWOMAN OLIVA: Gentleman in the back,
yes, sir?
MR. BAY: My name is Maladen Bay, I live
at 475 Hill Road, which is a couple of houses away
from that property, and I mainly speak as a
concerned owner who wants to maintain the quality
of the neighborhood, and I think building a house
on this lot and subdividing it in such a way would
devalue the entire neighborhood, and that's why
you have all these other people here speaking
today. I don't know what the limits are when you
merge a lot, and how much time you have before you
unmerge it, but it's been three years, I guess,
and I think there's been plenty of time to back
step, which hasn't happened at this point.
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Basically I also knew Laura Collins. She
was very actively involved in conserving the
quality of the neighborhood. She knocked on my
door every time somebody wanted to get a variance
for something that wasn't appropriate for the
neighborhood, and I'm sure she would be opposed to
this also. Her neighbor to the east side of her
asked for a variance, and she fought him on it
because he wanted to build close to the property
line. There was a guy that wanted to put a dock
in the wrong way on a creek, she was opposed to
that. She was always for conserving the quality
of the neighborhood, and I would appreciate that
the Board deny this application. Thank you.
MS. MOORE: I did forget two points, I
apologize. With respect to the vacant lot the
architect has reviewed the setback requirements
here, and it's the belief that they can build a
house on the vacant lot without variances. With
respect to the second front yard setback, you'll
see that Wells Avenue is only touching about 50
feet of the side yard, there's actually a full
side yard which is owned by the Nevus Qualified
Personal Residence Trust, so that, in fact, is not
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a front yard, so as far as front yard setback,
there's only a small portion of the front of the
yard which is West Hill Road which might require a
front yard setback, otherwise this lot is
actually, t can be developed pretty simply.
BOARD MEMBER DINIZIO: Pat, can I ask you
a question? P~bout the entrance where the house
is, what stops them from putting a driveway in?
MS. MOORE: Nothing. It's just the way it
was done originally. Because there are so many
street frontages, you can pick wherever you put
your driveway. It was a concession we gave of
providing a common driveway so as to not disturb
the neighborhood.
BOARD MEMBER DINIZIO: They are two
separate lots, you could have a driveway on either
either side?
MS. MOORE: Yes.
BOARD MEMBER DINIZIO: If they were two
separate lots, a driveway where it is now
shouldn't be.
MS. MOORE: Well, yeah, they would have
to -- you could have an encroachment, you could
have an agreement with your neighbor to have a
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driveway beyond your property line, and when you
own both properties, I have actually done that, I
have a client who bought three properties and has
a common driveway coming through the center lot
and it spurs out and provides a common entrance to
three of the properties. It's sound front
properties, and we did that by easements and water
lines, all the utilities all that comes in. It's
a compound that was set up that way. So you can
do anything you want, as long as you make
provisions with proper easements. But this has
driveway access anywhere they want, and my client
does point out to the neighborhood that she does
intend to fully landscape, she's not at all shy
about providing adequate landscaping, and, in
fact, there is a hedge row that's already there
now between the Neebus Qualified Personal
Residence Trust along almost the entire length of
the waterside, both sides, so we could extend to
give privacy. But as I said, we think we can
build without variances so it would be a normal
setback, houses with setbacks in conformity with
what the code requires?
BOARD MEMBER DINIZIO: I'd like to say one
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more thing for the record, my approval for this
merger is in no way influenced by my friendship
with Laura, because Laura and I went head-to-head
on merger law many, many times. It's always been
my belief that the Town is in like a "gotcha" kind
of mode when it comes to merger, and they never,
ever advise the people that this merger law
existed other than putting in a legal notice in a
newspaper that no one could understand, even if
they wanted to, and then allowing this law to
exist the way it is. So this is not in deference
to an ex-colleague because I believe that we would
still be at loggerheads with this, but it is
because this is exactly the reason why we should
be doing something about this merger law that
allows for a clearer interpretation, and a little
more lenient interpretation about law. I did want
to get that on the record.
CHAIRWOMAN OLIVA: Yes, sir, quickly.
MR. NEEPUS: In answer to what he just
said, Laura knew the law. She was on your Board.
BOARD MEMBER ORLANDO: And she purposely
merged it?
ASST. TOWN ATTY. CORCOKAN: It basically
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if there are adjacent, nonconforming lots that are
held in different ownership at any time after 1983
they shall be deemed merged if they're less than
40,000 square feet.
MS. MOORE: There were some exceptions to
that rule, well established subdivisions they had
until '99 to preserve.
ASST. TOWN ATTY. CORCORAN: There's all
sorts of qualifying language and there is the
provision for waiver of merger, which is why we're
here.
MR. NEEPUS: The law would not allow it as
it stands.
BOARD MEMBER DINIZIO: There's four
conditions. The first one is that the waiver will
not result in a significant increase in the
density of the neighborhood. I'd say one out of
what, 40 houses is probably not a significant
increase in the density of the neighborhood
overall as opposed to the town. I'm not saying
that on this particular corner it isn't going to
have an effect, it will. The waiver would
recognize the lot as consistent with the size of
lots in the neighborhood. Pretty close, it's an
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odd-shaped lot, but to my mind, just my way of
thinking, I don't see where it's 30 percent or 20
percent or 50 percent smaller than the lots that
are there already, certainly you wouldn't notice
the difference, but that's besides the point. The
waiver will avoid economic hardship, I don't know
about that. I don't think that's what you
consider one way or the other. And the natural
details and characters, contours, slope of the lot
will not be significantly changed or altered in
any manner. There will not be a significant
filling of the land affecting nearby environmental
or flood areas. They're going to build a house on
it, but they're not going to build it up 10 feet
so that it floods into the streets and everywhere
else. Certain codes that they have to comply by,
that's the four conditions of the waiver of
merger. Now, if you can see anything out of that
that says that we could grant this merger, I don't
know, I think that you would be hard pressed to
find anything on that.
MR. NEEPUS: You're granting an unmerger.
BOARD MEMBER DINIZIO: Right, sorry.
CHAIRWOMAN OLIVA: You if you want to get
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a copy of the law go to the Town Clerk's office.
MS. WICKHAM: Would it be possible to see
a rendition of a house layout on that lot which
Miss Moore indicates meets requirements? And also
clarification of whether there would be a
non-conformance on the existing house, which was
my other point. I don't know that they meet side
yard or rear yard setbacks.
BOARD MEMBER DINIZIO: They don't.
Honestly, that house has been here for years.
CHAIRWOPL~N OLIVA: We're not within our
purview here. We're not interested where the
houses are going to be, where the driveways are
going to be. It's a waiver of merger.
MS. WICKHAM: You're creating a
non-conformity.
CHAIRWOMAN OLIVA: Yes.
BOARD MEMBER DINIZIO: I think it's
pertinent. But the house and that lot line has
been for years.
MS. WICKHAM: On that lot.
BOARD MEMBER DINIZIO: If you unmerge it.
MS. WICKHAM: Now it's on the whole lot.
BOARD MEMBER DINIZIO: What I'm saying to
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