Loading...
HomeMy WebLinkAbout5740 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 OCT 6 FINDINGS, DELIBERATIONS AN DDETERMINATION MEETING OF SEPTEMBER 1,2005 ZBA Ref. No. 5740 - JOYCE ORRIGO Street & Locality: 66425 C.R. 48, Greenport County Tax Map ID: 40-2-12 and 11 (combined/merged as one lot) 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 44,000 square feet, identified as 11 and 12 on the Suffolk County Tax Maps, District 1000, Section 40, Block 02. The land is vacant with a depth of 200 feet, and 220 feet along the north side by a town street (Homestead Way) and 200 feet along the south side by County Highway 48 (a/Ida North Road). 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 June 9, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 11 and 12 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 land merged as a single lot of 44,000 square feet, into two lots. The easterly portion, referred to herein as 'CTM 12' is proposed to be separated from the westerly portion referred to as 'CTM 11 .' 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 22,000 square feet each. 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. (3) The waiver will avoid economic hardship. Page 2 - September l, 2005 Appl. No. 5740 - Joyce Orrigo CTM 40-2-11 and 12 (combined as one lot) (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 August 18, 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. The lot consists of a total land area of 44,000 square feet. A waiver to re-create two nonconforming lots would result in two lots that would meet only 55% of the 40,000 square ft. zoning lot size requirement in this neighborhood. 2. A single and separate search was issued March 30, 2005 by Peconic Abstract, Inc. The search shows that the premises (CTM 11 and 12) were in the same ownership (Joyce Orrigo), since 4/17/1995 when Ms. Orrigo purchased from her brother his interest in the property for $20,000 and became the sole owner, without any further transfer. 3. The property has been in common ownership with a merged land area of 44,000 sq. ft. since 1/1/1997 and continuously to the present date. Information was not submitted to show intentions to avoid the merger, or to make application to any agency for construction. The merger was intentional based on the real estate records since the ownership was held for at least ten years with both lots held in the same ownership since 1995. 4. On January 1, 1997 the status of the property as two lots on the Eastern Shores Development subdivision expired, when the Town removed the former List of Excepted Subdivisions from the Zoning Code. 5. Proof was not submitted to show that a waiver will avoid an economic hardship if the property remained as a 44,000 square foot parcel. The only information submitted was for the estimated value if two nonconforming lots were re-created. The value of the property with, or without the grant of the waiver, would be at least $265,000 when an offer was made in February 2005. No loss of return was found to maintain the properties as they existed with a land area of 44,000 square feet. 6. The record does not demonstrate proof that there were good faith intentions at any time to separate or maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build any dwellings on the vacant land, until 2005 when the property was listed on the market for sale. 7. There also was no proof demonstrated to show the value of the property, as a 44,000 parcel, to support applicant's claim of economic hardship, except for the 2005 real estate offer to acquire half of the preperty, if this lot waiver were granted for the nonconforming lot re-creation. 8. There is no proof demonstrated in the record to show that the westerly and easterly portions of the applicant's property were maintained separately for purposes of building two new single-family dwellings. Page 3 - September 1,2005 Appl. No. 5740 - Joyce Orrigo CTM 40-2-11 and 12 (combined as one lot) 9. The parcels were intentionally merged. Applicant is not obliged to sell to someone with a desire to acquire only half of the merged property. 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 Chairwoman Oliva, seconded by Member Simon, it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 40-2-12 from CTM 40-2-11. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando and Simon. Nay: Member Dinizio. Absent was: Member Goehringer. This Res~;~'i~n was duly adopted (_3-1). , RUTH D. OLIVA, CHAIRWOMAN 10/~.~-/2005 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goeba'inger Vincent Orlando James 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 · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 October 5, 2005 Mrs. Joyce Orrigo c/o Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File No. 5740 - Denial of Lot Waiver Dear Mrs. Orrigo and Ms. Moore: Enclosed please find a copy of the September 1, 2005 findings and determination rendered by the Board of Appeals, and filed today with the Office of the Town Clerk. Thank you. Very truly yours, Enclosure Copy of Decision 10/5/05 to: Building Department Linda Kowalski ~ '~ ~L~d }~ ~,~ ~ NOTICE OF DISAPPROVAL TO: Patricia Moore for Joyce Orrigo 51020 Main Road Southold, NY 11971 RECEIVED JUN 1 0 2.0O5 Z~ONtNO BOARD OF APPEAL~ DATE: Sune 9, 2005 Please take notice that your application dated June 8, 2005 For waiver of merger at Location of property: 66425 CR 48, Greenport, NY County Tax Map No. 1000 - Section 40 Block2 Lot 12 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the west (SCTM # 1000- 40-2-11) pursuant to Article II Section 100-25, which states', "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot, which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature CC: file, Z.B.A. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary June 8, 2005 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Joyce Orrigo 1000-40-2-11,12 -RFCEIVED JUN ] 0 2005 ZONING BOARD OF APPEALS Dear Chairman and Board members: Enclosed please find original and six copies of the following: 1. application with authorization 2. Single and Separate Title Search 3. Copies of the tax bills 1993,1999,2001,2002,2003,2004 4. Copy of the subdivision map Broker) 5. Transactional disclosure 6. Notice of disapproval 7. Questionnaire 8. Memorandum of sale for lot discovered to be merged) 9. Survey for the following years: for the two properties (advertising from Real Estate (deal terminated when lot Also enclosed is my client's check for the required filing fee. PCM w/encls. in the amount of $150 ~ C~. ~oore APPLICATION FOR WAIVER UNDER SECTION 100-2 6 This review ia for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Buitdin9 inspector (copy attached) The zoning of my parcel is presently: The size requirement for this zone is: . "~0/~OO square feet per parcel. County Tax Map Parcel Nos: 1000 I (we), ~_~ O¢¢t~ , as owners of the contiguous lots shown-on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the 8outhold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: I. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30 1983 for all lots. 3. Copies of current d~.eds of the parcels ander review. Copy of the current County Tax Map for my neighborhood. ~150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action ~s issued by the Town of Sou~hold, that I reserve the right to' file for a s~bdivision and, if necessary, area variances under the usual procedure, By making this application, I hold the Town of Southoid free and harmless from any and all claims and~J~j, ability resulting from the issuance of a waiver.~ C IVED (, p icant and O ner> JUN 1 0 ZO05 Sworn to fore me this No ta~y P~b lie A Waiver is hereby approved denied based upon the above documentation. (delete appropriate action) Issued by Reasons far epp!ica=ion(tO continue on next page). PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 Board of Appeals Town of Southold Southold Town Hall P.O. Box 1179 Southold, NY 11971 August 19, 2005 2005 / Re: Joyce Orrigo 1000-40-2-11,12 Dear Chairwoman and Members of the Board: In response to your request, please be advised that my client paid her brother half of what the property was valued at for the year prior. It was valued at approximately $40,000.00. My client paid her brother half of the value, the sum of $20,000.00. If you have any other questions, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM/mr To: Southold Town Zoning Board From: Patricia C. Moore Re: WAIVER OF MERGER- Orrigo ZBA MAY WAIVE THE MERGER AND RECOGNIZE ORIG1NAL 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 The subject properties are 1000-040-2-11 and 12 (lot 152 and 153) on the Map of Eastern Shores, Section 1 which appears on the exempt subdivisions of 100-12. The Owner/Applicant Joyce Orrigo inherited the property from two separate owners. Unknown to her, the properties merged by inheritance. The properties receive separate tax bills. The lots can be separately developed without impact on the other. Tax Lot 11: Ollian E. Gildersleeve (Applicant's Aunt) acquired the property in 1966 and upon her death in 1995 her will devised the property to both Bert E. Gildersleeve and Joyce Gildersleeve Orfigo (brother and sister). Had the properties remained in both their name no merger would have occurred. Nevertheless, Joyce purchased from her brother his interest in the property at fair market value and became the sole owner of the property in 1995. She has been paying a separate tax bill for the property. Tax Lot 12: Edgar O. Gildersleeve (Applicant's father) acquired the property in 1970 and upon his death in 1993 his will devised the property to Joyce Gildersleeve Orrigo in 1994. Mrs. Orrigo had placed lot 11 on the real estate market in 2005 but discovered that the parcels had merged. (2) THE WAIVER WOULD RECOGNIZE A LOT THAT IS CONSISTENT WITH THE SIZE OF LOTS 1N THAT NEIGHBORHOOD This subdivision is substantially developed, the two lots are on Homestead Way and would be double the size of the other homes in the neighborhood. The properties were purchased by two different people, however, the owner inherited the properties at different times and from different wills. Unfommately, she purchased a ½ interest from her brother causing the merger to occur. North of Moore's Lane there are several subdivisions- Homestead Acres clustered subdivision, Rock Cove Estates, Eastern Shores Section I, II, III, IV, and V. All the lots are approximately ½ ace in size with open space: There are over one hundred and thirty one ½ acre lots in the immediate vicinity-(Green Street, Moore's Lane, Westwood Lane) 54 parcels are improved with residence; 1 improved parcel is a 2 family residence, 23 parcels remain vacant, only 1 parcel ( SCTM#1000-33-2- 24) appears merged. Within 500 feet of the Orrigo parcels are two separate open space areas- a 7.5 acre open space owned by the Town of Southold and 2.2 acre open space owned by Town of Southold. The lots were developed as ½ acre parcels. Eastern Shores was subdivided prior to 1971 when lots could be 12,500 sq.ft in size- this development of 20,000 sq.ft lots and open space was ahead of it's time and is similar to present one acre clustered subdivision standards. (3) THE WAIVER WILL AVOID ECONOMIC HARDSHIP The owner inherited the properties, inheritance taxes were paid, and she purchased the lot from her brother. The lot was marketed by Prudential Douglas Elliman Real Estate and an offer accepted for $265,000 in February 2005. The buyer obtained a survey and title; However, when the merger was discovered the purchaser cancelled the contract. The owner was advised that the waiver of merger would be required in order to place the property back on the market. (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 property is flat, undeveloped and backs to the County Road. The development of the property is consistent with the other homes in this subdivision. No substantial filling is required, there are no impacts on nearby environmental or flood areas. The subdivisions have been improved with Park & Playground areas, all are ½ acre lots, in a "planned community". These lots are wooded and provide a nice buffer from North Road. The properties provide housing to many local families. The price of the lot in February 2005 enables a family to live in Southold. The deal fell through because the family could not wait until the waiver of merger had been completed. TOWN OF sOUTHOLD VILLAGE OF GREENPORT MATCH tom* ~ I COUNTY SUFFOLK J~-~j~"%~R~d ?ro~e[fy ]?x,S~i~e.~pncy J""~ SOUTHOLD SECTION NO__~' WAIVER OF MERGER ZBA MAY WAIVE THE MERGER AND RECOGNIZE ORIGINAL LOT LINES UPON PUBLIC HEARING AND UPON FINDING THAT: (1) THE WAIVER WTf J. NOT RESULT IN A SIGNIFIC~ INCREASE IN THE DENSITY OF THE NEIGHBORHOOD The subject properties are 1000-040-2-11 and 12 (lot 152 and 153) on the Map of Eastern Shores, Section 1 which appears on the exempt subdivisions of 100-12. The Owner/Applicant Joyce Orrigo inherited the property from two separate owners. Unknown to her, the properties merged by inheritance. The properties receive separate tax hills. The lots can be separately developed without impact on the other. Tax Lot 11: Ollian E. Gildersleeve (Applicant's Aunt) acquired the property in 1966 and upon her death in 1995 her will devised the property to both Bert E. Gildersleeve and Joyce CJildersleeve Orrigo (brother and sister). Had the properties remained in both their name no merger would have occurred. Nevertheless, Joyce purchased from her brother his interest in the property at fair market value and became the sole owner of the property in 1995. She has been paying a separate tax bill for the property. Tax Lot 12: Edgar O. Gildersleeve (Applicant's father) acquired the property in 1970 and upon his death in 1993 his will devised the property to Joyce Gildersleeve Orrigo in 1994. Mrs. Orrigo had placed lot 11 on the real estate market in 2005 but discovered that the parcels had merged. (2) THE WAIVER WOULD RECOGN~77E A LOT THAT IS CONSISTENT WITH THE SIZE, OF LOTS IN THAT NEIGHBORHOOD This subdivision is substantially developed, the two lots are on Homestead Way and would be double the size of the other homes in the neighborhood. The properties were purchased by two different people, however, the owner inherited the properties at different times and from different wills. Unfortunately, she purchased a ½ interest from her brother causing the merger to occur. (3) THE WAIVER Wll J. AVOID ECONOMIC HARDSHIP The owner inherited the properties, inheritance taxes were paid, and she purchased the lot from her brother. The lot was marketed by Prudential Douglas Elliman Real Estate and an offer accepted for $265,000 in February 2005. The buyer obtained a survey and title; However, when the merger was discovered the purchaser cancelled the contract. The owner was advised that the RECEIVED JUN 1 0 2005 ZONING BOAR[~ waiver of merger would be required in order to place the property back on the market. (4) THE NATURAL DETAILS AND CHARACTER OF THE CONTOURS AND SLOPES OF THE LOT Wll J. NOT BE SIGNIFICANTLY CHANGED OR ALTERED IN ANY MANNER, AND THERE Wll J. NOT BE A SUBSTANTIAL FII J.ING OF LAND AFFECTING NEARBY ENVIRONMENTAL OR FLOOD AREAS The property is flat, undeveloped and backs to the County Road. The development of the property is consistent with the other homes in this subdivision. No substantial filling is required, there are no impacts on nearby environmental or flood areas. Joyce Omgo by Patnc~a C. Moore Notary ~' MARGA~qT C. RUTKO~KI Notary Pub!'. Stat~: of N~Y~I~ h~o 4~2528 ~alified in Suffolk ~ ~sion Expires June RECEIVED JUN 1 0 2005 ZONING BOARD OF APPEALS 51TUATt~-, ~RI~--NPORT TOI~IN-, 50l,rrHo! D 5b~T-, OI_K C, OL~, Nh' SURVF'i'EO 0~,-02-2005 SUFFOLK COUNTY' TAX # 1000-40-2-12 N NOTES: 0 PIPF FOUNO ELFVATION~ REFFRENCF ~UF:FOLK COUNT'T' TOPO MAPS PARCEL LIE5 IN ZONE IDISTRICT R-40 5ETE~ACK5 I~ASED UPON OI~TANC-,ES FOR NONCONFORI~IIN® LOT5 AREA = 22,2.0~ sr or 0..51 ~cres GF~APHIC 'SCALE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\'~-Ip server~l'~PROS\05-145.pro 40. 2 12 473889 Southold Active R/S.1 School. Greenpomt School [hfigo. Gilderslee,,,e Joyce RollYeal. [2005 Cur[ Ym Res vac land Lan.JAV' 900 ~6425 CR 48 LandSize:0.55 acre[ TotalAV: 900 Owner Total: I Taxable Value Mitcellar~eous Nams: Gildersleeve Jo~ce Omdgo Count~: 90~ Book: l'l/2G ~.ddl Addr: [..4uni: 90~ Pa~e: 30~ ;freer: 130 Starde~ Drive School: 90~ Mo,g: P0 Box: Bank: City: Centefeach. NY Zip: 11720- Schla~er~ar: 900 AcctNo: 17 5ale Total: 1 ~it~j 1 al 1 Land 0 al 0 ~ook Page Sale Date Sale P~ice Owner P~pck: Res ~ac land [1'~2~ 3[11~ ~)4/'17Z95 10.im~.Cihi~,sle, NbhdCd:0 VCater: Utilities: Exemplion Total: 0 Term Own Building Total. 0 Code Amoun( Year Pet Special Oisbict Total: 3 Value / ~ Impmvemcnl Total: 0 Code Units Pc( Typ~ Move Ta~ ';~ Type Name Dim1 Dim2 SQFT YrBui!t lB031 E-~ Protectie .00 .00 .00 -- 5~011 Solid Waste I .O0 .00 .O0 , g.-2-11 :47388S Southold Active R/S:'I School: Gmenport School Onig.. 'Glide;sleeve Jopce .... Boll Year: ~ Curt Y, Res vac land Lend AV: SOO 66425 CR 48 .:' Land S~ze. ~cf~ ~N;~ Total AV: 900 ', Total: 1 · ' .~.~me: ' Gildmxleeve Jo.,uce Urrigc Addl Addc Street: PO Elex: it~: Zip: 11720- i30 Stanley, Dd~e Centemacho NY Sale Total: 1 Book Page: Sale Date Sale Price Owner 11726 ~,08 04/'17795 ! O.iao. Gilde~slef: Exemption T c~al: O Term Own Code Amount Year :'ct Special District Tote~: 3 Value/ ~ Code Unit~ Pct Type Idove Tax..4~:!], ~:, FD031 E-'W' Protectio .O0 .00 .00 ~ S'~w'011 Solid ~W'axte I .00 .00 .00 Taxable Value Nisc¢ll.ncous County: SIDLO Book: 11726 Muni: 900 Page: 308 School: 900 NIo[tg: Bank: Schl after ~ar: 900 Acct No: 17 ~i%j~1 .I 1 Land 0 el 0 Prpcb: Re~ vac land NbHd Cd: 0 Sewer Building Total: Jmprovemenl Totel; 0 fype Name Dim1 Dim2 SQFT YrBuiit TITLE NUMBER: 641-S-02814 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 3~2005 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 1/1/1957. 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: 3~30~05 SWORN TO BEFORE ME THIS 30th DAY OF MARCH, 2005~ NOTARY PUBLIC PECONIC ABSTRACT, INC. JEANNE A~STETT OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Commission Expires December 16, 20 TITLE NUMBER: 641-S-02814 SUBJECT PREMISES: 1000-040.00-02.00.012.000 Arthur Lewis Moore, John Alden Cook As Trustees of William H. H. Moore To H.J. McCann Dated: 4/20142 Recorded: 7~24~42 Liber 2243 page 48 (premises and more) Harrison K. McCann died 12/21/62. Morgan Guaranty Trust Company of New York, as Executor of Harrison K. McCann To H J S Land & Development Corp. Dated: 12/19/63 Recorded: 12/27163 Liber 5474 page 61 (premises and more) H J S Land & Development Corp. To Ollian E. Gildersleeve Dated: 1129/66 Recorded: 2/4/66 Liber 5906 page 407 (premises and more) Ollian E. Gildersleeve To Edgar O. Gildersleeve Dated: 11/10/70 Recorded: 111t3170 Liber 6837 page 249 (subject premises) Edgar O. Gildersleeve died 4/5/93. Joyce Orrigo and Bert E. Gildersleeve, As Co. Executors of Edgar O. Gildersleeve To Joyce Orrigo Dated: 3/31194 Recorded: 5~6~94 Liber 11675 page 622 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 30t~ DAY OF MARCH, 2005' NOTARY PUBLIC PECONIC ABSTRACT, INC. BY: JEANNE ANSTETT, OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County,2 Commission Expires Dece~-nber 16, 20 TITLE NUMBER: 641.S.02814 NORTH BY: HOMESTEAD WAY SOUTH BY: NORTH ROAD A/K/A MIDDLE ROAD SWORN TO BEFORE ME THIS 30t~ DAY OF MARCH, 2005 NOTARY PUBLIC PECONIC ABSTRACT, INC. BY: ~ JEANNE ANSTETT, OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk COunty Commission Expires December 16, 20 ~ TITLE NUMBER: 641-S-02814 EAST OF SUBJECT PREMISES: 1000.040.00-02.00-013.000 Arthur Lewis Moore, John Alden Cook As Trustees of William H. H. Moore To H.J. McCann Dated: 4~20~42 Recorded: 7124142 Liber 2243 page 48 (premises and more) Harrison K. McCann died 12/21/62. Morgan Guaranty Trust Company of New York, as Executor of Harrison K. McCann To H J $ Land & Development Corp. Dated: 12/19/63 Recorded: 12/27163 Liber 5474 page 61 (premises and more) H J S Land & Development Corp. To Frank J. Salamone and Myra K. Salamone Dated: 5127169 Recorded: 7/7/69 Liber 6579 page 534 Frank J. Salamone and Myra K. Salamone, his wife To Nishan Andonian and Minas Ururlu Dated: 9/15/71 Recorded: 11117/71 Liber 7049 page 329 Nishan Andonian and Minas Ugurlu a/Ida Minas Urgurlu To Robert Wiltse Dated: 2/7177 Recorded: 2/11177 Liber 8190 page 390 Continued ..... SWORN TO BEFORE ME THIS 30"~ DAY' OF MARCH, 2005 NOTARY PUBLIC PECONIC ABSTRACT, INC. BY: JEANNE ANSTETT, OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York o 01VA4989798-Suffolk County Commission Expires December lo, Continued ..... EAST OF SUBJECT PREMISES: 1000-040.00-02.00-013,000 Nishan Andonian, Minas Ugurlu a/Ida Minas Urgurlu To Robert Wiltse Dated: 217177 Recorded: 3/1/77 Liber 8198 page 47 (Correction Deed) Robert Wiltse To Ned J. Deegan and Frances M. Deegan, his wife Dated: 1/3/81 Recorded: 115181 Liber 8939 page 167 No proof of death for Ned Deegan in Suffolk County. Frances M. Deegan, Individually and as Surviving Tenant of Ned J. Deegan To Joseph T. Nockelin Dated: 8~5~99 Recorded: 911199 Liber 11988 page 613 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 30t~ DAY OF MARCH, 2005 NOTARY PUBLIC PECONIC ABSTRACT, INC. BY: ~ JEANN~E'ANSTETT, OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York No. 01VA4989798.Suffolk County Commission Expires December 16, 20 ~ TITLE NUMBER: 641-S.02814 WEST OF SUBJECT PREMISES: 1000-040.00-02.00-011.000 Arthur Lewis Moore, John Alden Cook As Trustees of William H. H. Moore To H.J. McCann Dated: 4/20142 Recorded: 7124/42 Liber 2243 page 48 (premises and more) Harrison K. McCann died 12121162. Morgan Guaranty Trust Company of New York, as Executor of Harrison K. McCann To H J S Land & Development Corp. Dated: 12/19162 Recorded: 12/27/63 Liber 5474.page 61 (premises and more) H J S Land & Development Corp. To Ollian E. Gildersleeve Dated: 1129/66 Recorded: 2/4/66 Liber 5906 page 407 (premises and more) Ollian E. Gildersleeve died 7117194. Bert E. Gildersleeve and Joyce Gildersleeve, As Co-Executors of Ollian E. Gildersleeve To Joyce Gildersleeve Orrigo Dated: 4/17/95 Recorded: 5123/95 Liber 11726 page 308 (subject premises) LAST DEED OF RECORD SWORN TO BEFORE ME THIS 31st DAY OF MARCH, 2005 PECONIC ABSTRACT, INC. NOTARYPUBLIC BY:JE~ETT' OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County ~_~ COmmission Expires December 16, BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK S[:FFOLK ~ 117'26 ?~308 ~ Certificate # "IVED ESTATE 28 1995 I'RAN8F~!R TAX 3i307 ~307 RECORDING OR FILING, 95HA¥23 ~ 9:t16 CLERK OF SUFFOLK COUNTy Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (Sta;e) R.P.T.S.A. Comm. of Ed. Affidavit Ce~ificd Cupy Reg. Copy Other $_.~00_ S.b GRAND TOTAL Real Propcr~y Tax Service Agency Verification Dist Section Block Lot Mortgage Amt. I. Basic Tax 2. SONYMA Sub Total 3. Spec.lAdd. TOT. MTG. TAX Dual Town Dual County .., Held for Apportionment __ / Transfer Tax ~ __ /- Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Title Company Information Company Name Title Number FEE PAID BY: .~C Cash Check harge OR: Payer same as R l RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached TO made by: (Deed, Mortgage, etc,) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. .theTO, In the VllbLAGE or HAMLET of ~ ~~, made this 17th day of April, 1995, between BERT E. Gildersleeve, of 41.35 Tichenor Road, Valois, New York 14888, and JOYCE GILDERSLEEVE ORRIGO, of 130 Stanley Drive, Centereach, New. York 117~0;, as Co-ExecutOrS of the ESTATE OF~ OLLIAN~ DeceaSed, late of the .County of JOYCE GILDERSLEEVE ORRIGO, of 130 Centereach, New York 11720, Stanley Drive, the Grantee. ~t~$~ that the Grantor, in consideration of ONE DOLLAR ($1.00) and other good and Valuable consideration paid by the Gran~ee, does hereby grant and release unto the .Grantee., her heirs and asszgne forever, SEE SCHEDULE A ATTACHED ~9~r~3T~ with the appurtenances and all the estate and rights of the Grantor in and to said premises. ~[~~7~[~ the premises herein granted her heirs and assigns forever, 2~%f~ the Grantor covenants that the Grantor suffered anything whereby the subject premises have any way whatever, except as aforesaid. unto has been the Grantee, not done or encumbered in ~]~ to the trust fund provision of sec}:$on thirteen Of the Lien Law. If more than one person joins in .the exeqution of this Deed, and if any be of the female sex, or a co poratzon, the~rela~ive words herein shall be read as if written in the p~uraz, or~ ih the,femlnmne or neuter gender, as the case may be. ~ '~ ' ~ ~ ~ ~[]~, this Deed has bee'n du~y executed by Grantor. the EC E!V -- BERT E. GILDERSLEEVE, Co-Execut:or PPEALS STATE OF NEW YORK ) ~/ // TOMPKINS ) SS: COUNTY OF A'f~f~K ) On the ~- day of A-pr!±, 1995, before me the subscriber, ESTATE O~ :OLLIAN E. GILDERSLEEVE personally came BERT E. GILDERSLEEVE, to me personally known and known to me to be a Co-Executor of the ESTA~ OF OLLIAN E. GILDERSLEEVE, the same person described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. / ALL THAT CERTAIN PLOT~ PIECE OR PAI{CEL OF LAND, situate., lying an( being at Greenport in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: , BEGINNING at a point of deflection in the northerly line of Middle/ Road, 836,70 feet westerly along said line from the ~?~ndary line~ betWeen land now or formerly of H J S , ~ t 22 . f t, thence alon other land~ West, 202.56 feet to the southerly line of a 50-foot private road known as "Homestead Way"; thence along said private road, two courses, as follows: (1) North 66° 09' 10" East, 16'9.90 feet, and (2) North 69° 02 10" East, 50.0 feet; thence along other' land now or formerly of H.J.S. Land & Development Corp. South 20° 57' 50" East, 200.0 feet to the point of beginning. TOGETHER with a rigi%t-of -way over' Homestead Way and Moores Lane North for ingress and egress to Middle Road. TOGETHER with beach rights and access thereto as described in a grant made by H.J.S. Land ~ Development Corp. and J.M.S. Land & Developmen~ Corp. no Eastern Shores, Inc., dated the 17th day of March, 1965, and recorded in the Suffolk County Clerk's Office on March 18, 1965 in Liber 57t6 of Deeds a~ page 16. SUBJECT uo covenanus and restrictions appearing on a list attached to the deed recorded in Liber 5906 of Deeds at page 407 in the Suffolk County Clerk's Office. BEING THE SAME PREMISES conveyed .by deed dated January 29, 1966, -=rs eeve '~from H.J.S. Land & Developmenn Corp. to Ollian E. GilH^ 1 and recorded in the Suffolk County Clerk's Office on February 4, 1966 in Liber 5906 of Deeds at page 407. EXCEPTING AND RESERVING all that oertain plot, piece or parcel of land situate, lying and being a[ Greenport in the Town of Southold, County of Suffolk and State of New York, bounded and descrxbed as follows: BEGINNING au a point of deflection in the northerly line of Middle Road, 836.70 feet westerly along said line from the southwesterly corner Of land now or formerly of Bu,~t; running thence along said Middle Road S?uth' 66° 09' 10" West, 1~0 feet; thence along other land of Ollian E. Gildersleeve North 20° 5- 50" West, 202.56 feet to the southerly line of Homestead Way; thence along said Homestead Way two courses as follows: (1) North 66° 09' 10" East, 60 feet, and (2) North 690 02' 10" East, 50 feet; thence South 261° 57' 50" East, 200 feet to the northerly line of Middle Road ~o the poi,ut of beginning. This excepted and reserved parcel being the sa~e premises described as PARCEL II in the ,geed of Ollian E. Giidersleeve to Edgar O. , Gilders!eeve d~ted November I0, 1970, and recorded in the Suffolk County -Clerk s Office in Lxber 6837 of Deeds a~ page 249. Ollian E. Gilder$1eeve died on July 17, 1994. Letters Te~amenta.ry for the Estate of Ollian E. Gildersleeve were ~ssued by the S~ffolk<h~County Surrogate's Court on ,September 27~ 1994, to Bert E. Gilder~!eeve and Joyce Gildersleeve Orrigo as Co-Executors of said deed is intended to convey all real property owned by at the time of her death. request of the parties, this deed was prepared without title and without an up-to-date instrument survey. /. "~ SLIFFOLK COUNTY CLERI~ L/P# . ' Number of pa ,cs TORRENS Serial # Ccrlificate # Deed / Mortgage Instrument nl Page I lqliug Fee tlandliflg TP-584 Notation EA-5217 (County) EA-5217 (State) ILP.T.S,A. Comm. of Ed. Affidavit Certified Copy Reg~ Copy Other Real Pre 1000 I al~ II / ~EK PAW BY: 7 Cash Deed I Morlgage Tax Stamp Recording I Filing Stamlts OR: Sub Total JUN 1 0 Z~ Sub Total GRAND TOTAL ,erty Tax Service Agency Verification Section Block 040.00 / Check v Charge, Payer same as R & R ~ Lot 02.00 012.000 !'!'~:l ~=~ge Amt. ~. Bas/c Tax 2. SO~YMA ~otal 3. Spec.lAdd. TOT. MTG. TAX Dual Town Dnal County llcld for Apportimmlent __ Tra,sfcr Tax ~ Mansion Tax The proper~y covered by this mortgage is or ~vill be improved by a one or two family flW~fliflg ouly. or NO -~ NO, see appropriate i~ clause on page ~. of riffs inM~menL Title Company Information Company Name (//Tillc~e r RIEGER & WALSH A'ITORNEYS AT LAW 7 Bayview Avenue Nodhport, N.Y. 11768 , ,INSTRUMEHT-THI i INSTRUMEN¥ SHOULD BE USED BY LAWYERS ONLY. · ,i, ,~v~f i~ , ,. · .... . ............................. made / day , inety-fo . ~ JOYCE ORRIGO, residing at 130 Stanley Avenue, Centereach, NY 11720 and BERT E. GILDERSLEEVE, res}ding at 4135 Tichenor Road, Valois, ~Y 14888, ~X MAP ;IGNATION 1000 040.00 02.00 (s): 012.001 Co- as/e~ecutor S of the last will and testament o{ EDGAR O. GILDERSLEEVE , late of East Northport, NeW York, Wh° died On the 5th day. of April ~ nineteen haudred and ninety-three party of the first part; and 3OYCE ORRIGO, ~reSi'cli~g at 130 Stanley AvenUe, party 0f the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on May 18, 1993 and by virtue of the power and authority given in and by said last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideratiou of the terms of the Last Will and Testament of Edgar O. Gildersleeve dollars, paid by the party of the second part, does hereby g!:ant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, .~!.I. that certain plot, piece or parcel of land, with the buiMings and improvements thereon erected, situate, lying and being, at Greenport, Town of Southhold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point of deflection in the northerly line of Middle Road, 836.70 feet westerly along said line from the southwesterly corner of land now or formerly of Burr; RU2XrNINO THI~NwJE aloffg galff rvli~I~Ire Roa~, south oo ~regr~s tr*J~m nui~g~0'%*e'dYr~g'X~c'~T'Yr0 THENCE along land now or formerly of Olliau E. Gildcrsleeve North 20 degrees 57 minutes 50 seconds West 202.56 feet to the southerly liue of Homestead Way; THENCE along said Homestead Way two courses as follows: 1. North 66 degrees 09 minutes 10 seconds Eas[ 60 feet; thence · 2. North 69 degrees 02 minutes 10 seconds East 50 feet; THENCE South 20 degrees 57 minutes 50 seconds East 200 feet to the northerly line of Middle Road to the point of BEGINNING. TOGETHER WITH the beach rights as to said parcel as described iu the graut made by H.J.S. 'Land and Development Corp and J.M.S. Land and Developmeut Carp. to Eastern Shores, Inc., dater[ the 17th day of ' March 1965 and recorded in the Suffolk County Clerk's Office on March 18, 1965 in Liber 5716 at Page 16. BEING AND INTENDED to be part of the same premises conveyed by deed dated 11/10/70, recorded 11/13/70 in Liber 6837 at Page 249. TOGETHER with all right, title and interest, if any, of the party of the first part in and ~o any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the tim~ of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dlspose of, whether individ~ ually, Or by virtue:of said ~vill Or otherwise; TO HAVE AND.TO HOLD the premise,s h~rein granted unto the party of the second part the distributees or successors and asagns of the party:of th4's~c0nd pai'~ forever AND the p~y.: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. '" Subject to the trust fund provisions of section thirteen of the Lien Law. ' ~ ' '· The word "party" shall be construed as if it read "patties" whenever the sense of this indenture so requires. [,~ ¥¥I'I'NF~.q$ ~/l'{~l~, the party of the first part has duly executed this deed the day and year first above written.  IGO, Co-Executor ,JUN i 0 ~005 " "' iT E. GILDERSLEEVII, Co-Executor ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, situate, lying and being at Greenport in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a Road, 836.70 feet between land now or now or formerly of point of deflection in the northerly line of Middle westerly along said line from the boundary line formerly of H.J.S. Land~ Burr; running thence West, 202.56 feet to the southerly line of a 50-foot private road known as "Homestead Way"; thence along said private road, two courses~ as follows: (I) North 66© 09' 10" East, 16.9.90 feet, and (2) North 69° 02 10" East, 50.0 feet; thence along other land now or formerly of H.J.S. Land & Development Corp. South 20° 57' 50" East, 200.0 feet to the point of beginning. TOGETHER with a right-of-way over Homestead Way and Moores Lane North for ingress and egress to Middle Road. TOGETHER with beach rights and access thereto as described in a grant made by H.J.S. Land & Development Corp. and J.M.S. Land & Development Corp. to Eastern Shores, Inc., dated the i7th day of March, 1965, and recorded in the Suffolk County Clerk's Office on March 18, 1965 in Liber 5716 of Deeds at page 16. SUBJECT to covenants and restrictions appearing on a list attached to the deed recorded in Liber 5906 of Deeds at page 407 in the Suffolk County Clerk's Office. BEING THE SAME PREMISES conveyed by deed dated January 29, 1966, from H.J.S. Land & Development Corp. to Ollian E. Gildersleeve and recorded in the Suffolk County Clerk's Office on February 4, 1966 in Liber 5906 of Deeds at page 407. EXCEPTING AND RESERVING all that certain plot, piece or parcel of land situate, lying and being at Greeuport in the Town of So~thold,I County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point of deflection in the northerly line of Middle Road, 836.70 feet westerly along said line from the southwesterly corner of land now or formerly of Butt; running thence along said .Middle Road South 66° 09' 10" West, 110 feet; thence along other land of Ollian E. Gildersleeve North 20° 57' 50" West, 202.56 feet to the southerly line of Homestead Way; thence along said Homestead Way two courses as follows: (1) North 66° 09' 10" East, 60 feet, and (2) North 69° 02' East, 50 feet; thence South 20° 57' 50" East, 200 feet to the northerlyi line of Middle Road to the point of beginning. This excepted and reserved parcel being the same premises described ~C~..~Z .£~ th~ .deed of Ollian E. Gildersleeve to Bd~ar~ O. .... ~ ........ ~ .. . ~, -. 9.70~ af~d~c~rdeo :~1~ ~e $~fo~ County Ollian E. Gildersleeve died on July 17, 1994. Letters Testamentary for the Estate of Ollian E. Gildersleeve were issued by the l Suffolk County Surrogate's C~urt on September 27~ 1994, to Bert E. Gilders!eeve and Joyce Gildersleeve Orrigo as Co-Executors of said Estate. This deed is intended to convey all real property owned by Ollian E. Gildersleeve at the time of her death. At the request of the parties, this deed was prepared without examination of title and without an up-l~o-date instrument survey. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the /7 day of April, 1995, before me the subscriber, personally came JOYCE GILDERSLEEVE ORRIGO, to me personally known and known to me to be ~ Co-Executor of the ESTATE OF OLLIAN E. G£LDERSLEEVE the same person'd~ibed in and who executed the foregoing instrument and She dul~ adkn6~ledged to me that sht~e~d th~sa~e/~ . rk commission EXpires september 16,. 193':' JUN 1 0 ~005 ZONING ~OARD OF APPEALS TITLE NUMBER: 641-S-02815 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 3/2005 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 1/1/1957. 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: 3~30~05 SWORN TO BEFORE ME THIS P~ilC~STRACT, INC. 30th DAY ~F MARCH, 2005 ',.. I ~ , ~ (~_.L.L.( ~_/~)~-~,_~ t BY:-~:~~~ ~.-- NOTARY PUBLIC J)L;rANNE ~ISTETT ~ANAGER MICHELLE VAIL Notary Public, State of New York No, 01VA4989798-Suffolk County Commission Expires December 16, 20 ~ REC.,EIV~D JUN ] i) 2.005 ZONING BOARD OF APPEALS TITLE NUMBER: 641-S-02815 SUBJECT PREMISES: 1000-040.00-02.00-011.000 Arthur Lewis Moore, John Alden Cook As Trustees of William H. H. Moore To H.J. McCann Harrison K. McCann died 12/21162. Dated: 4120/42 Recorded: 7/24/42 Liber 2243 page 48 (premises and more) Morgan Guaranty Trust Company of New York, as Executor of Harrison K. McCann To H J $ Land & Development Corp. H J S Land & Development Corp. To Ollian E. Gildersleeve Ollian E. Gildersleeve died 7/17194. Dated: 12/19162 Recorded: 12/27/63 Liber 5474 page 61 (premises and more) Dated: 1129166 Recorded: 214/66 Liber 5906 page 407 (premises and more) Bert E. Gildersleeve and Joyce Gildersleeve, As Co-Executors of Ollian E. Gildersleeve To Joyce Gildersleeve Orrigo Dated: 4/17195 Recorded: 5123195 Liber 11726 page 308 (subject premises) LAST DEED OF RECORD SWORN TO BEFORE ME THIS 30th DAY OF MARCH, 2005 NOTARY PUBLIC M1CHELLE VAIL Notary Public, State of New York No, O1VA4989798-Suffolk County ~;~ Commission Expires December 16, 20 ~ ~ JEANI~I ANSTETT, II~E MANAOER TITLE NUMBER: 641.S.02815 .NORTH BY: HOMESTEAD WAY SOUTH BY: NORTH ROAD A/K/A MIDDLE ROAD SWORN TO BEFORE ME THIS 30t" DAY OF MARCH, 2005 NOTARY PUBLIC M~CHELLE VAIL Notary Public, State of New York No. O1VA4989798.Suffo k County Commission Expires December 16, 20 ~ PE~~' ;TRACT, INC. BY.:'--,,~ _~ ~J~ANN~ANSTETT, /OFFICE'MANAGER / / TITLE NUMBER: 641-S-02815 EAST OF SUBJECT PREMISES: 1000-040.00-02.00-012.000 Arthur Lewis Moore, John Alden Cook As Trustees of William H. H. Moore To H.J. McCann Dated: 4/20/42 Recorded: 7/24/42 Liber 2243 page 48 (premises and more) Harrison K. McCann died 12/21/62. Morgan Guaranty Trust Company of New York, as Executor of Harrison K. McCann To H J S Land & Development Corp. Dated: 12/19162 Recorded: 12/27/63 Liber 5474 page 61 (premises and more) H J S Land & Development Corp. To Ollian E. Gildersleeve Dated: 1/29/66 Recorded: 2/4/66 Liber 5906 page 407 (premises and more) Ollian E. Gildersleeve To Edgar O. Gildersleeve Dated: 11110/70 Recorded: 11/13/70 Liber 6837 page 249 (subject premises) Edgar O. Gildersleeve died 4/5193. Joyce Orrigo and Bert E. Gildersleeve, Dated: 3/31/94 As Co-Executors of Edgar O. Gildersleeve Recorded: 5/6/94 To Liber 11675 page 622 Joyce Orrigo LAST DEED OF RECORD SWORN TO BEFORE ME THAIS 30th DAY OF MARCH, 2005 NOTARY PUBLIC MrCHELLE VAiL Notary Public, State of New York No. 01VA4989798-Suffolk Cou ty Commission Expires December 16, 20 O..~ .~-JEANNE ANSTETT, 0I~cE~MANAGER TITLE NUMBER: 641-S-02815 WEST OF SUBJECT PREMISES: 1000-040.00-02.00-010.002 Arthur Lewis Moore, John Alden Cook As Trustees of William H. H. Moore To H.J. McCann Dated: 4/20/42 Recorded: 7/24/42 Liber 2243 page 48 (premises and more) Harrison K. McCann died 12/21/62. Morgan Guaranty Trust Company of New York, as Executor of Harrison K. McCann To H J S Land & Development Corp. Dated: 12/19/63 Recorded: 12/27/63 Liber 5474 page 61 (premises and more) H J S Land & Development Corp. To Josef Lobe Dated: 8~26~67 Recorded: 9/7/67 Liber 6216 page 105 (premises and more) Josef Lobe To Dimitrios Kontos and Katina Kontos, his wife Dated: 1/18/83 Recorded: 1124/83 Liber 9304 page 126 (subject premises) Dimitrios Kontos and Katina Kontos, his wife To Dimitrios Kontos Dated: 10128/88 Recorded: 1/10/89 Liber 10773 page 152 Continued ..... SWORN TO BEFORE ME T. HIS 30th DAY OF MARCH, 2005 NOTARY PUBLIC MICHEL£E ~ .,Notary Public S.~. AIL ,-, ~o. OIVA49Rc~nL'~Le of New York ~"Ommission Ex~T~'~8'Suffolk County ~p~res December 16, BY:~ ~JEANNE ~NSTETT, ..MANAGER Continued ...... WEST OF SUBJECT PREMISES: 1000-040.00-02.00-010.002 Dimitrios Kontos died in Queens County, admitted to Probate 11/14/95 Surrogates Queens County #.490595. Katina Kontos, as Executrix of Dimitrios Kontos To Katina Kontos Dated: 12/15/95 Recorded: 519196 Liber 11773 page 316 Katina Kontos To Craig Brian Bleifer and Marina Kontos Bleifer, his wife Dated: 12/18/95 Recorded: 5/9/96 Liber 11773 page 315 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 30th DAY OF MARCH, 2005 NOTARY PUBLIC PBEy~T, INC. //JEA~i~ANSTETT, MICHELLE VAIL Notary Public, State of New York N~. ~lVA49~97~8.Suffolk Count CommiSsion Expires Dece ~ Y mi,er '/6, 20 ...__~ LOT WAWER OUEST~ONN/L[R~j) What are the square footage and dimensions of this lot (subJect of building department merger application);~?tDo~ s.f. .//D ft. by 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: ~ ~ ~- s.f. Were there any building permits Issued in the past for this lot: Yes No. ;If yes, please provide copy of former permit and map approved. W: ere tf)ere any County Health Department approvals in the past for either lot? Yes No~/ . [f yes~ please provide a copy. Were they any ~cant land Certificates of Occupancy requested In the past? Yes No J . If yes, please provide a copy. were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees appro~v~l, or other type of application to build or use the property in any way)? Yes No , v" If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded.lot line which separatesthe 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: ! am an owner of the subject lot and the above information is provided to the best of my owledge. noted above are Owneds Signature -- ~/~ QUESTIONNAIRE FOR FILING WiTH YOUR Z.B.A. APPLICATION A. Please disclose ~e Da~es of the owner(s) and any other individuals (and entities) having a financial interest in the subject pr=~ises and a description of their interests: (Separate sheet may be attached. ) yc e B. is the subject prem/se~ Listed on the real e~Zate mark~ far · sale or being show~ to pr~ec~ve ~yer~? (~} Yes { } Nc. (If Yes, plebe a~ch c~ of "ccn~o~" of sa~.) C. Are there ~a~ propesals to change or alter land contours? { } Yes { v! We 1. Are t~kere a~ny areas which contai~ wetland 2. Ar.= the wetland areas shown 'on the map su_hmit~ed this ap.ulicaticn? 3. Is the pr~..ue~ bu]_kheaded be~ee~ the wetta_~ds area the up!sad ~ui!ding area? 4. if your .or,pert? co~aias we~_!=_~ds er .~ond are-~s, have ~cu connected tee Of==._ of ~e T~ T~tees fur de~e~aa~ion of ~is~c~on? .. ~/~ ~_ere a depression cr s!cu~c e!evaticn near the area cf · pre_cooed cons~_---'.ction a~ or ce~ow five feen above me=_~ sea level? AJO (if not applicable, s~ate F. Are there any patios, concrete barriers, hu_Lkheads or fences which exist and are not showil on the su.~ve~ map that ,_zc~ ar=_ submittf_ug? /vO if none exist, please state G. Do you have any construction ~=~ak4_ng place at this ~me concerning _your pr=mixes? ~J~ if yes, please submit 'a c-.¢~y of your build_igc re-%mit and map as approved by the Bui!~fng Department. if none, please state. E. Dc you or parcel? y<5 of deeds. any cc-owner also own other land close tu th~_~ -; yes, please ~_~pl=_in where or s~k~j ~ c~pies 3/87, View ot lnlet Pond Beach on Long Island Sound showing 175 toot private beach lor Eastern Shores property o;vners at the 1Vortb end for all water sports. EASTERN SHORES ESTATE SECTION: A planned commur~ty of estate plots. RolGng Hoodland of a v, rildl~fe preserve of tlm former Harrison B. McCann estate from the North Road to Long Island Sound. Picturesque green hills to the waterfront overlooking Greenport and the Connecticut shores. Private beach in your backyard. Fish, I~at or sw/m in crystal clear waters. Planned park area. You will have your summer or retirement home in this milo lion dollar playground where you can live in leisure in the lap of luxury. LoNG TAXPAYER COPY CENTE~EE AC-~ NY 34,1.1b ' .~' CH~.'CK ~'?,1 546 MAKE CHECKS TO AND MAIL PAYMENTS TO: MARILYN QUINTANA, RECEIVER OF TAXES, 53095 MAIN ROAD BOX 14~9, SOUTHOLD, NY 11971-0499 473889 40.-2-11 ORRIGO GILDERSLEEVE JOYCE BILLNO, 4595 SOUTHOLO 130 STANLEY DRIVE .A~£NO. Ol OF O1 2001-2002 TAX WARRANT C E N T E R E A C H N Y 11 7 2 0 ~OLL S~C~ON 1 TAXES PAID BY CHECK ARE SUBJECT TO COLLECTION ACOT, NO. U..t[,,~i.~ i T~x ~ ,o. 473889 40.-2-1! ~OCAT~ 66425 CR 48 Dmmm~oNs ACRES- O. 55 sc~o~ms~ 239 - GREENPORT SCHOOL P~o~r~c~ss RES VAC LAND TAX SAVINGS DUE TO STAR: O. O0 '~# ...... " "'-~"J""~J'""-- TOTAL TAX DUE: 724.I~, 12/01/01 - II/30/02 Ii/30/O] .......... -: ' - '-"i'-'I 'tJ'i' .... 5UPPULK COUNTY TAX 900 17o309 15.58 7.2 NYS REAL PROP TAXLAW 900 ~,.967 ~.47 -31.9 SOUTHOLD TOWN TAX 900 167.527 i50o77 10.5 GREENPORT SCHOOL 900 5~7. 857 ~93.07 3.3 GREENPORT LI6RARY 900 21.736 19.56 E-W PROTECTION F D 900 35.726 32.15 8.2 WASTE WATER DISTRICT 900 1.376 1.24 799.6 STHLO SOL WASTE DIST 900 8.115 7.30 ~,.~=~.--==_~=-=,~e::=:~:~:m~ t ...... --- ~=: ....... APPLY FOR THIRD AMOU~ 362.07 ~62.07 900 ~UN~: 271.419.925 PARTY NOTICE PENAL~ am ...... TOWN: 9 9 0 I 6 5 0 ~T*~ 362.07 362.07 34884 SCH~L: MAKE CHECKS TO AND MAIL PAYMENTS TO: MARILYN QUIN?ANA, RECEIVER OF TAXES, 53095 MAIN ROAD BOX 14_09, SOUTHOLD, NY 11971-0499 473889 40.-2-12 ORRIGO JOYCE m~. 45~6 SOUTHOLD 130 STANLEY DRIVE PAGENO. 0i OF 0l 2001-2002 TAX CENTEREACH NY li 720 ~LS~m~ON i T~ES PAID BY CHECK A~T. ~. ~..,17.~,~ ARE SU~ECT TO COLLECTION ~"~ 47388~ 40.-2-12 L~ 66525 CR ~ D~.m~ ACRES- 0.50 ~x 239 - GREENPORT SCHOOL R~ VAC TAX ~AVING~ DUE TO STAR: 0. O0 ~'~m"~ ~'~"''~ ........ TOTAL TAX DUE: T2~.l~ 12/01/01 - 11/~0/02 11/30/0] SUFFOLK COUNTY TAX 900 17.]09 15.58 7.2 NYS REAL PROP TAXLAW 900 4.967 4.~7 SOUTHOLD TOWN TAX 900 167.527 150.77 10.5 GREENPORT SCHOOL 900 547.857 q93.07 ~.~ GREENPORT LIBRARY 900 21.736 19.56 E-W PROTECTION F D 900 35.726 ~2.15 WASTE WATER DISTRICT 900 1.~76 1.24 799.6 STHLD SOL WASTE DIST 900 8.115 7.30 -2q.1 .......... z:::::;~= ..... m ...... m APPLY FOR THIRD A~OU~ 362.07 ]62.07 900 COUNt: 271.419.925 PARTY NOTICE PaN~ ....... TOWN: 990.650 10/01/02 ~TAL 362.07 362.07 3~88~ SC~L: OFFICE LOCATION: OFFICE HOURS & PHONE 53095 ROUTE 25 MON-FRI 8:00 AM TO 4:00 PM 473889 40.-2-11 TOWN OF SOUTH( ~L SOLIDATED REAL PI~OP1BICF¥ BiLL IF THE WORD "ARREARS' IS PRINTED HERE SEE COUNTY IREASURER'S NOTICE ~, 239 ON REVERSE SIDE 17 4621" 66425 CR 48 0.55 295,457,299 1,5981350 311 RES VAC LAND ORRIGO GILDERSLEEVE JOYCE 130 STANLEY DR CENTEREACH NY 1172(~2232 First Half: 4595 $302.07 Second Half: 4595 $362.07 LEVY DESCRIPTION I lEVY% GREENPORT SCHOOL I 67.13% GREENPORT LIBRARY 2.74% 12/5/02 900 900 ORRIGO GILDERSLEEVE JOYCE SUFFOLK COUNTY TAX 2.24% 1/2/02 5/31/02 TA ATE TAXABLE VALUE pTEA¢~-'~P-~ J T SOUTHOLD TOWN TAX 21,19% ASSESSED VALUE NYS REAL PROP TAXLAW E-W PROTECTION F D WASTE WATER DISTRICT STHLD SOL WASTE DIST 0.32% 4.39% 0.21% 1.78% 900 TAX AMOUNT 548. 383 6 90% 493.54 22. 385 9.90% 20.15 9OO 9O0 9OO 69.87% 18318 950% 16.49 900 173.082 6.90% 155.77 100% OF FULL VALUE 39,130 TOTAL TAX AMOUNT 900 2.629 900 35.847 9O0 1,706 900 14.581 -45.00% 2.37 10,60% 32.26 27.90% 1.54 852O% 13.12 5t3.69 t6.49 155.77 FIRST HALF TAX 367.62 0UE DEC 1, 2002 PAYABLE WITHOUT PENALTY TO JAN 10, 2003 SEE REVERSE SIDE FOR PENALTY SCHEDULE SECOND HALF TAX DUE DEC 1,2002 PAYABLE WITHOUT F FOR PENALTY SCHEDULE ANE 49,29 TOTAL TAX LEVY · 735.24 I 1HIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS OFFICE LOCA'rlON: OFFICE IIOIJRS & PHONE 53095 ROUTE 25 MON-FR[ 8:00 ~M TO 4:00 PM SOUTHOLD, NY 11971-0499 631-765~1803 F~X: 681-760-5189 473889 40.-2-12 TOWN OF SOUT~I(:)I,] 17 462~' 66525 CR 48 0.5 295,457,299 1,598.350 311 RES VAC LAND ....... AUTO**3-DIGIT 117 ORRIGO JOYCE 130 STANLEY DR CENTEREACH NY 11720-2232 I,,,Ih,,llh,,h,hllh,,,,hh,hh,lh,,hh,lhlh,,h,,ll I '12/5/02 ORRIGO JOYCE 900 900 First Half: 4596 $362.07 Second Half: ~506 $362.07 I/2/02 ASSESSED VALUE 5/31/02 900 LEVY DESCRIPTION GREENPORT SCHOOL GREENPORT LIBRARY LEVY % TAXABLE VALUE 67,13% 900 2.74% 900 548.383 22,385 TAXAMOUNT 6.90% 493.54 9.90% 20.15 1~% OFFULkVALUE 39,130 TOTAL TAX AMOUNT SUFFOLK COUNTY TAX SOUTHOLD TOWN TAX NYS REAL PROP TAXLAW E-W PROTECTION F D WASTE WATER DISTRICT STHLD SOL WASTE DIST 2.24% 900 18.318 9.50% 16.49 21.19% 900 173.082 155.77 0.32% 4.39% 0.21% 1.78% 900 2.629 900 35.847 900 1.706 900 14581 -4500% 2.37 10.60% 32.26 27.90% 1.54 85.20% 13.12 513,69 16.49 155.77 FIRST HALF TAX 367.62 DUE DEC. 1, 2002 PAYABLE WITHOUT PENALTY TO JAN t0, 2003 SEE REVERSE SiDE FOR PENAETY SCHEDULE 49,29 SECOND HALF TAX ! TOTAL TAX LEVY · 735.24 DUE DEC. 1, SEE [/. IHIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS FOR PENALTY SCHEDULE AND COUNTY TREASURER'S 473889 40.-2-12 66525 CR 48 300,630,362 1,869,384 TOWIX~ OF ~OI_/THOI~J 239 0.5 'I 7 4645 311 RES VAC LAND I,,,Ih,,llh,,I,,I,IIh,,,,I,l,,I,h,ll,,,hJ,,ll,ll,,,h,,ll .... *********AUTO**3-DIGIT 117 ORRIGO JOYCE 130 STANLEY DRIVe: CENTEREACH NY 11720 12/2/03 ORRIGO JOYCE 900 900 First Half: 4622 $367.62 1/2/03 Second Half: 4622 $367.62 6/2/03 LEVY DESCRIPTION GREENPORT SCHOOL GREENPORT LIBRARY 2'87%/ TAXABLE VALUE 900 900 SUFFOLK COUNTY TAX 2.14% SOUTHOLD TOWN TAX 21.59% 543.753 23.520 NYS REAL PROP TAXI_AW NYS MANDATED EXPENSE E-W PROTECTION F D WASTE WATER DISTRICT STHLD SOL WASTE DIST 0.23% 0.61% 4·24% 0.17% 1.90% FIRST HALF TA~ 369.35 SECOND HALF TAX 69.12% 900 900 17.591 -1.10 2.14% 177.224 900 21.59% 900 1.907 900 4.963 900 34.769 900 1.417 900 15.620 TAX AMOUNT 100% OF FULL VALUE 52,632 TOTAL TAX AMOUNT 489.38 21.17 15.83 510.55 15.83 159.50 -25.40~ 100.00 10.40 -14.30 10.30 7.15% 52.82 369.35 TOTAL TAX LEVY · 738.70 DUE DEC 1, SECOND HALF ~ SOUTHOLD TAX LEVY o2003-2004 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT - RETURN SOTH 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 BY: [] ASSESSED [] OTHER ORRIGO JOYCE SUFFOLK COUNTY TAX MAP NUMBER 473889 40.-2-12 AMOUNT DUE BILL NO. 369.35 4645 The following baDk branches located within the Town of Southold accept payments during regular business hours: Bridclehamoton National Bank. Fleet Bank. North Fork Bank. Suffolk County National Bank. . 473889 40.-2-11 TOWN OF SOCrTHOLD o~.~!cI.: 110~ q~S & PIlONE ~:-TH E JNTY TREASURER'S NOTICE ~ ~ REVERSE SIDE ~ 239 17 4644 66425 CR 48 300,630,362 1,869,384 0.55 311 RES VAC LAND I,,,11,,,111,,,I,,I,II1,,,,,I,1,,I,1,,11,,,I,1,,11,11,,,I,,,11 .......... **'AUTO**3-DIGIT 117 ORRIGO 61LDERSLEEVE JOYCE 130 STANLEY DRIVE CENTEREAOH NY 11720 12/2/03 900 ORRIGO GILDERSLEEVE JOYCE 900 First Half: 4621 $367.62 1/2/03 Second Half: 4621 $367.62 6/2/03 LEVY DESCRIPTION GREENPORT SCHOOL GREENPORT LIBRARY 2-°7%1 900 543.753 900 23.520 SUFFOLK COUNTY TAX 2.14% sOuTHOLD ToWN TAX 21.59% NYS REAL PROP TAXLAW NYS MANDATED EXPENSE E-W PROTECTION F D WASTE WATER DISTRICT STHLD SOL WASTE DIST 0.23% 0.61% 4.24% 0.17% 1.90% ASSESSED VALUE 900 69.12% 900 17.591 2.14% 900 I 1.907 -25.40% 900 [ 4.963 100.00% 900 34.769 10.40% 900 1.417 -14.30% 900 15.620 10.30% TAX AMOUNT 100% OF FULL VALUE 52,632 TOTAL TAX AMOUNT 489.38 21.17 510.55 15.83 159.50 1.71 4.4 31.2 1.28[ FIRST 369.35 DUE DEC 1, 2003 PAYABLE SEE R SECOND HALF TAX 7.15% 52.82 369.35 TOTAL TAX LEVY · 738.70 DUEDEC 1,2003 PAYABLE WrTHOUTPENALTYTOMAY31,2004 SEE REVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS FOR PENALTY SCHEDULE ANO COUNTY TREASURER'S NOTICE SECOND HALF ~ SOUTHOLD TAX LEVY o 2003-2004 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 BY: [] ASSESSED OTHER ORRIGO GILDERSLEEVE JOYCE SUFFOLK COUNTY TAX MAP NUMBER 473889 40.-2-11 AkMOUN~' 369.35 4644 The following bank branches located within the Town of Southold accept payments during regular business hoUrs: Bi'id¢;ehampton'N~tlonal Bank. Fleet Batik. North Fork Bank. Suffolk Counb/National' Bank. 473889 40.-2-11 TOVcN OF SOUTHOL]~lm, REAL PROPERTY ~ BILL IF THE WORD 'ARREARS' IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~, 239 17 4646 66425 CR 48 0.55 316,955,945 2,473,384 311 RES VAC LAND h,,Ih.llh,,h,hllh.,,hh,hh,lh,,hh,lhlh,,h,,ll ********************-***** 117 Ordgo Giidersleeve Joyce 130 Stanley Drive Centereach, NY 11720-2232 12/7/04 900 Orrigo Gildersleeve Joyce 900 Second Half:· $369;35 · 611104' .. 62,94% .3.01% GREENPORT SCHOOL GREENPORT LIBRARY" 900 .3.80% 65.95% ~UFFOLK COUN'~, ·TAX. ..1 .,12% 1.12% 5.70% 11 NYS MANDATED EXPENSE E-W PROTECTION· F D WASTE WATER DISTRICT STHLD SOL WASTE DIST 23.43% 2:52% 4.87% 048% 34~30 ,. 1:30 '.: 11.40 352.41 9.49% SECOND HALF T/AX 352.42 TOTAL TAX LEVY" 464.88 7.90 165.17 66.88 SECOND HALF ~ SOUTHOLD TAX LEVY ° 2004'2005 r- RETURN BOTH 473889 ).ON FACE OF THE CHECK. _ AMOUNT DUE 352.42 Orrigo Gildersleeve Joyce . SUFFOLK COUNTY TAX MAP NUMBER 40.-2-11 BILL NO. 4646 The following bahk branches Iocatea w~thin the Town of Southold accept payments during regular business; hours: Bridqehampton National Bank. Bank of America. North Fork Bank. Suffolk County National OFFICE LOCATION: OFFICE HOLrI~ & PHONE 53095 ROUTE 25 MON-FI~I 8:00 AM TO 4:00 PM 473889 40.-2-12 TOW OF SOUTHOL~ {E~ L PROPERTY T~ILL ~F THE WORD 'ARREARS' IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~, 239 17 4647 66525 CR 48 0.5 316,955,945 2,473,384 311 RES VAC LAND I,,,11,,,111,,,I,,I,II1,,,,,I,1,,I,1,,11,,,I,1,,11,11,,,I,,,11 *** ......... *AUTO**3-DIGIT 117 Orrigo Joyce 130 Stanley Drive Centereach, NY 11720-2232 12/7/04 Orrigo Joyce 900 900 First' Half: GREENPORT SCHOOL GREENPORT LIBRARY'.' NYS REAL PROP'I NYS. MANDATED EXPENSE E-W- PRQTECTION .F. D WASTE WATER DISTRICT STHLD SOL WASTE DIST 0.18% !.62% O FIRST HALF.TAX[~'? DUE DEC. FOR PENALTY SCI'I~'OULE AND COUNTY TREASURER'S NOTICE. ;DEC. 1,2~o~'~/'J~ PENN.TY TO MAY 3L 2¢05. SEE REVER~F~ SULLIVAN. = THE CHECK. Z ordgo Th~ fol~w'tng bank ~ches tocated w~n the Town of Southold accept Bridc~ehamPton ~tional Bank Bank of America. Nor[h Fork Bank. Suffolk County NatiObal Prudential Douglas Elliman Real Estate PO Box 1410 Mattituck, New York 11952 MEMORANDUM OF SALE Date: SELLER: ADDRESS: PHONE: Joyce Orrigo 130 Stanley Dr. Centereaeh, N.Y. 11'/20 631-471-3830 SELLER'S ATTORNEYi L~rr~ SPada ADDRESS: 64 Smithtown Blvd. Smithtown, N.Y. 11786 PHONE: 631-366-2527 FAX: 631-360-8835 BUYER: ADDRESS: PHONE Timothy R. Dougherty 54 Elizabeth Dr. Wading River, N.Y. 11792 BUYER'S ATTORNEY: ADDRESS: PHONE: FAX: Rudolph H. Brewer, Esq. 55000Main Rd. PO Box 1466 Southoid, N.Y. 11971 631-765-1222 631-765-2752 PROPERTY ADDRESS: SCTM#: 66425 Country Rd. Greenport, N.Y. 11944 1000-04000-00200-011000 SALE PRICE: $265,000.00 TERMS: Subject to single and separate title. Purchasers to obtain approvals from Suffolk County Department of~Health for lot at own expense. PurchaserS have 150 days to obtain said approvals. Personal Property: CLOSING DATE: CURRENT TAXES: $703.00 The Seller acknowledges that PRUDENTIAL DOUGLAS ELLIMAN REAL ESTATE is the broker who brought about this sale and agrees to pay said broker's commission of 5__% totaling $26~250.000_at closing. Prudential Agent: Robert J. Mauer May27,2005 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Joyce Orr/go, residing at 130 Stanley Drive, Centereach, NY 11720 hereby authorize you to make any and all applications to the Department of Environmental Conservation, Southold Town Planning Board, Southold Town Zoning Board, Southold Town Trustees, Suffolk County Health Department and any other necessary agencies on behalf of me regarding the property I own at Homestead Way, Greenport, NY 11944 bearing SCTM #1000-40-2-11 & 12. Ve_ry truly yours, RECEIVED JUN 1 0 2005 ZONING BOARD OF APPEALS Town of $outhold's Code prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as ~ company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance ---~-- Change of zone Approval of plat -- Exemption from plat or official map Other (If "Other," name the activity.) DO you personally (or through Four company, spouse, sibling, parent, or child} have a relationship with any officer or employee of the Town of Soubhold? 'Relationship" includes by blood, marriage, or business interest. 'Business interest' means a business, including a partnership, in which the town officer or employee has even a partial otrnership of (or employment by] a corporation in which the town officer or employee owns more than 5% of the YES -- NO If you answered "YES,' complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply)z A) the owner of greater than 5% of the shares of the corporate stock Of the applicant (when the applicant . is a corporation}; .E) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation)~ C) an officer, director, partner applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONS[IIP HECEIVED JUN ! 0 2005 Prudential Douglas Elliman Real Estate PO Box 1410 Mattituck, New York 11952 Date: 2/22/05 MEMORANDUM OF SA,LE SELLER: ADDRESS: PHONE: Joyce Orrigo 130 Stanley Dr. Centereach, N.Y. 11720 631-471-3830 SELLER'S ATTORNEY: ADDRESS: PHONE: FAX: Larry Spada 64 Smithtown Blvd. Smithtown, N.Y. 11786 631-366-2527 631-360-8835 BUYER: ADDRESS: PHONE Philip McCombe 28 Landing Ln. Baiting Hollow, N.Y. 11933 BUYER'S ATTORNEY: ADDRESS: PHONE: FAX: Rudolph H. Brewer, Esq. 55000Main Rd. PO Box 1466 Southold, N.Y 631-765-1222 631-765-2752 JUN I 0 11971 )NING BOARD OF APPEALS PROPERTY ADDRESS: SCTM#: 66525 Country Rd. Greenport, N.Y. 11944 1000-04000-00200-012000 SALE PRICE: $265,000.00 TERMS: Subject to single and separate title. Purchasers to obtain approvals from Suffolk County Department of Health fo? lo.t at own expense. Purchasers have 150 days to 'obtain said approvals. ~ Personal Property: ' CLOSING DATE: /JUNIOZo0~/ CURRENT TAXES: $703-00 ~,t~/ Seller acknowledees that PRUDENTIAL DOUGLAS ELLIMAN REAL ES~ tThheebroker who brou;ht about this sale and agrees to pay said broker's commission of 5% totaling $_26,250.000 at closing. Prudential Agent: Robert J. Mauer PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary Southold Town Zoning Board of Appeals Southold Town Hall PO Box 1179 Southold, NY 11971 Attn: Linda Kowalski RE: Orrigo SCTM: 1000-040.00-02.00-011.000 1000-040.00-02.00-012.000 Dear Ms. Kowalski: Enclosed please find copies of the deeds for the above referenced parcels. These deeds indicate that the parcels have been held by the same family since prior to 1970. If you have any questions, please do not hesitate to contact me. Sincerely, Patricia C. Moore PCM/vc enclosure TOWN OF SOUTHOLD BUIED!NG DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north fork.net/Southold/ Examined Approved Disapproved a/}. ,20___ ,20__ Expiration ,20.__ i * 8200st ILitI PERMIT NO. BUILD1NOERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale· Fee according to schedule· b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy· f. EveiT building pen'nit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date· If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months· Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. at're ~f applicant or name, if a corporation) (Mailing adch~ss o f applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ,J"~ l./c__~. Orr~, ~ o (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 work will he done: Z /-/omes/-eat4' House Number Street ' County Tax Map No. 1000 Section Subdivision/~c. toO /(Name) Hamlet Block Filed Map No. - State existing use and occupancy ofp. ~mises and intended use and occupan% proposed constmctio~ ~.: a. Existing useandoccupancy_ ,,¢,r~2//)e_~7~'--~ /gV-~ecat' ~ /a./~,~L/~r,,c_-~ Nature of work (check which applicable): New Building_.__ ~ Repair Removal __ Demolition Estimated Cost Fcc If dwelling, number of dwelling units If garage, number of cars Addition \lte!-atio!~ Other Work (To be paid on fihn=, this apphcat~on) N umber of dwelling units on each floor 6. If business, commercial or mixed occupancy, specie, nature and extent of each type of use. 7. Dimensions of existing structures, if any: Frout Height_ Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 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 N() . 13. Will lot be re-graded? YES NO Will excess fill be removed frompremises.' '> 'r' ES' N' (.) 14. Names of Owner of premises Name of Architect Name of Contractor Address Address Address Phone No Phone No Phone No.. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey STATE OF NEW YORK) COUNTY OF S~_S: tt~C~,~g. F.~_~//t~" Cffff~:~ t~t-~- being duly sworn~ deposes and says that (s)hc is hc appiicsm, (Name of individual signing contract) above named, (S)He is the '(contractor,~ent, Corporate Officer. etc.) of said owner or owners, and is duly authorized to pertbnn or have perfimned the said work and to nmke and file tins application: that all statements contained in tiffs application are true to the bes! of his knowledge and beliel2 and that the work will hc performed in the mariner set forth in the application filed therewith. Sworu to before me ti'tis ~ day of C77~,,q.g 20~_'"' c, Not~ PUblic MAR ..... 8~e ~ N~ ~ Signature of Applicani ELIZABETH A. NEVILLE TOWN CLERK REGIST]~kR 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 June 22, 2005 Zoning Appeal No. 5740 Transmitted herewith is Zoning Appeals No. 5740 - Joyce Orrigo - Zoning Board of Appeals application for variance. Also included is letter from Patricia Moore detailing enclosures; application for waiver (three pages); Notice of disapproval dated June 9, 2005; Map of Eastern Shores (two pages); lot waiver questionnaire; ZBA questionnaire; survey of property; variance search dated March 30, 2005 (six pages); copy of tax bills (eleven pages); memorandum of sale (two copies); authorization letter; applicant transactional disclosure statement; letter from Patricia Moore (no date, stamped received June 10, 2005) and copies of deeds (seven pages). Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/16/05 * * * RECEIPT * * * Receipt#: 161 Transaction(s): 1 Application Fees Reference Subtotal 5740 $150.00 Check#: 161 Total Paid: $150.00 Name: Orrigo, Joyce 130 Stanley Drive Centereach NY11720 Clerk ID: BONNIED Internal ID: 5740 ZBA'TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/10/05 ZBA # NAME CHECK # AMOUNT TC DA'r.F.,,,~Tdk~P ORRIGO, JOYCE by 5740 P. Moore, Esq. 161 $150 ;outhotd ~o~v. ~.,-,. TOTAL $15o By LK Thank you. SURVE?¢ OF: PP-,.OP:I=R'"FT' SITUATE". 6'P,.I::ENPORT TOO'IN.' 50UTHOLD 5,UP'i=OLK C, OUNT'¢', NY SUFFOLK. COUNTY TAX ~ 1000-40-2-12 Al~n~ct Bfldgel~mpton N~onnl ~nnk NOTE5: N 0 PIPE FOUNi) ELEVATIONS ~L=PERENCE SUFFOLK. COUNTY TOPO MAPS PAF'.CEL LiES IN ZONE OISTRIOT P~-40 5~TBAO~5 BASED UPON GRAPHIC SOALE I"= 40' JOHN C. EHLERS LAND SURVEYOI~ 6 EAST MAIN STREET N,Y.S. LIC. NO. 50202 RIVERI4EAD, N.Y. 11901 369-8288 Fax 369-828'/ REF.\~I-Ip server\d~PROS\05-145.pro 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN O F S O U T N 0 L D ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, New York August 18, 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 ~ TRANSCRIPTION SERVICE (631) 878-8047 2 BOARD MEMBER ORLANDO: No questions. CHAIRWOMAN OLIVA: Jerry? 3 BOARD MEMBER GOEHRINGER: I have no questions. 4 CHAIRWOMAN OLIVA: Is there anyone in the audience who wishes to speak on this application? 5 If not, I'll make a motion to close the hearing and reserve decision until later. 6 (See minutes for resolution.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 ~ CHAIRWOMAN OLIVA: Next application is for Joyce Orrigo for another waiver of merger on 48 8 Homestead Way, Greenport. MS. MOORE: What I did is I took my attachment on the waiver of merger and I reviewed it today as well and added some additional information. So what I did was I have it for the Board for your record, and I think this is another example of people trying to do everything possible to keep the parcels separate, and because of death, which none of us can control, the property ends up in the same hands. Here you have a situation where two family members, one is an aunt and one is the father of the owner, bought the properties about the same time because they wanted to develop it next to each other, held onto it for many, many years, actually held onto it at their death, and it ended up going to the common owner through two different independent estates. So now Miss Orrigo, who they actually -- not knowing this because the tax bills kept coming as they had originally been issued, the parcels are wooded so they could be developed independently. It was not made known to her that the parcels had merged until in February the property was put on the market, and it was ultimately going to be sold to somebody from Wading River who wanted to build a nice house, the price you have I put in the record, is $265,000, which is a very reasonable price, and this is north of Moore's Lane, it's not affordable by any means, there's nothing here on the east end of Long Island affordable, but with respect to moderate income, it's where middle income people can still find a lot and build a house. There's still land available. What I did is, and what happened is in February, the family that was going to buy the lot 40 August 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 couldn't wait out the time frame for a waiver of merger, the deal fell through and I think Miss Orrigo started doing this process on her own initially, then got frustrated and ultimately came to me. So as soon as this merger became known to her she took action on it. Again, because it came from an estate and it was a distribution, it's an enormous amount of value because she didn't take other assets in an estate because she got this property, and to think that the fact that it became merged it's a significant impact. And I know this Board has routinely recommended to the Town Board that you should really look at the merger law and provide an exception for a merger that occurs through a death, because there is definitely no intent here to merge the properties as the history of the parcel reflects. I also, because it's things that you have asked for in the past, I included here even though I'm not sure it's directly relevant, I think the more important point is how this merger occurred was through two separate estates. I did provide you with a kind of the picture of all the improved versus vacant lots in this area. North of the North Road, Moore's Lane area north, consists of several subdivisions. You have Eastern Shores one through five, and this is one of the parcels from Eastern Shores and I included the descriptions that she provided when she got the property, which is it was a planned subdivision with open space, with beach rights, very similar in design to current subdivision regulations. The fact is that all these lots were half acre, at a time when an eighth of an acre was permissible. So these were really large lots at the time and eventually zoning got changed to match up with the type of design plans that Eastern Shores had adopted at the time. You also have other subdivisions here, which Homestead Acres and I think Rock Creek Estates subdivision are all subdivisions that are in this vicinity. With respect to the development here, you have open space that each of these subdivisions had already provided for. The older subdivisions had beach rights as essentially their park and playgrounds before the Town started mandating it. 41 August 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 There are several large tracks in this northern end which have been purchased by the county. So you have a tremendous amount of open space here that there will be no further development of the land that's remaining. You are talking about lots that have already been developed. There's not going to be an increase in density here, and from the lots that I reviewed and I look at the assessor's records in compiling this information, there was only one lot that appears to have been merged in this instance in the north end, and that one at least shows up in the tax map with a dashed line. So maybe someone would have done it intentionally and might come back to you. But this area is consistently developed with half acre lots and the tax map shows that. BOARD SECY. KOWALSKI: On the lot to the west, that's 10, and it's now split on to 10.1 and 10.2, they look merged together into one lot? MS. MOORE: What is now 10.37 BOARD SECY. KOWALSKI: I'm saying they're not shown there as separate lots on the Eastern Shores map and it looks like only within the last 10 years those lots were separated. They may be merged as one lot. MS. MOORE: I honestly don't know how those lots got developed. BOARD SECY. KOWALSKI: They're vacant, they're not developed. MS. MOORE: No. How they got created. BOARD SECY. KOWALSKI: That's what I was asking. MS. MOORE: I'm sorry, I don't have that information. It might show up on the single and separate as to who the owner is. ASST. TOWN ATTORNEY CORCORAN: Pat, you say this was a merger by death, but that's not exactly right. She took tax Lot 12 by death, but the next year she bought the half interest from her brother, correct? MS. MOORE: It was through an estate, it wasn't a purchase per se. ASST. TOWN ATTORNEY CORCORAN: You say nevertheless Joyce purchased from her brother her interest in the property at fair market value and became the sole owner in 1995. MS. MOORE: It was buying out her brother's interest. 42 August 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ASST. TOWN ATTORNEY CORCOR3~N: That's what caused the merger was the buying out of the interest, not the death. In 1994 she took Lot 12, 1995 she bought the interest from her brother. That's when the merger occurred. MS. MOORE: What I'm not giving you Joyce and Bert were both co-executors on the estate and there was allocation in that estate as to who would get what. And she ended up getting that lot, that portion, my understanding is she ended up buying the interest from her brother but in exchange for giving him something, it was an exchange. BOARD MEMBER SIMON: You're saying although the merger was pursuant to the death, it wasn't the merger upon the death, that's what Kieran's point is. ASST. TOWN ATTORNEY CORCORAN: It's not that a death occurred and she then took the property and now they're merged. MS. MOORE: No. It happened inadvertently when she ended up putting her name on the title when she bought out her brother's interest. ASST. TOWN ATTORNEY CORCOP, AN: My next question is do you know how much she paid for that half interest? Because that would go to the economic hardship interest. MS, MOORE: Well, I can find out. But keep in mind that it's the value of the property independently. ASST. TOWN ATTORNEY CORCORAN: No, it's not. It's economic hardship. MS. MOORE: My legal opinion of what economic hardship is what the value that you're foregoing as one piece versus two pieces. ASST. TOWN ATTORNEY CORCOPJkN: My legal opinion differs from yours. MS. MOORE: Okay, fine. Two lawyers in a room will disagree. But I can get that information for you. ASST. TOWN ATTORNEY CORCORAN: That would be helpful. Obviously I'm not making the decision. MS. MOORE: I think it doesn't change the fact that these two parcels and keeping in mind these parcels were independent of each other because of the 100-12 list of exemptions, lots that are exempt from merger, from the Eastern August 18, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Shores subdivision, it's one of the specifically exempt lots. So the merger actually occurred from '97 to present when she got -- let's assume she took title when she bought out, independently of the estate, if she had gone and bought it separately, it would still have remained separate until '97, and it looks like death occurred in '94. CHAIRWOMA/~ OLIVA: Jerry? BOARD MEMBER GOEHRINGER: I don't have a particular problem with this application based upon on the size of the lot, and that they conform with the other lots within the subdivision and within the character of the lots as they present themselves, where they present themselves geographically within the subdivision. BOARD SECY. KOWALSKI: The two lots next door may be merged. MS. MOORE: If they are, they might legitimately be coming here for a waiver of merger. BOARD MEMBER GOEHRINGER: I'm saying if they were an environmentally sensitive area I would be less likely to grant the merger. But since they're where they are, and they do conform, I don't have a particular objection to the merger. CHAIRWOMAN OLIVA: YOU mean granting the waiver of merger? BOARD MEMBER GOEHRINGER: I mean granting the waiver of merger, excuse me. CHAIRWOMA~ OLIVA: Vincent? BOARD MEMBER ORLA/~DO: Pat, in '94 when she purchased it, bought out her brother, you're saying even if she did buy it -- MS. MOORE: It stayed single and separate -- BOARD MEMBER ORL~/NDO: Until '97? MS. MOORE: Yes. According to the waiver of merger provision, and, in fact, when this got adopted in '99, there was a one-year window for anybody who was probably local, because if they didn't know it was merged, they didn't know they had to act. BOARD SECY. KOWALSKI: It was a '96 one-year window? ASST. TOWN ATTORNEY CORCORA~: In either event it merged by operation of law one year or another. 44 August 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MOORE: Here we are today and it's merged. BOARD MEMBER ORLAi~DO: So when she bought out her brother that day, they were two separate lots and they didn't merge until '96, '97? BOARD MEMBER DINIZIO: When she bought out her brother they merged? MS, MOORE: No. Because the subdivisions were still recognized. The Eastern Shores subdivision was exempt from merger because of the way it had been developed. BOARD MEMBER DINIZIO: Yes. The dates threw me off. BOARD MEMBER ORLANDO: No other questions. CHAIRWOMA/~ OLIVA: Michael? BOARD MEMBER SIMON: I have no questions. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: To me this is hair-splitting again, I mean, there's no intention here to merge these lots. The lady's trying to take care of business, and the Town kind of throws up these road blocks, okay, we got you. I don't know how the Town benefits from the fact that there's not going to be another house on the lot next door. And quite honestly, it's grating on me that people have to come and beg the Town for something they thought they had all along, and honestly, they do have all along. This is just lots and if they built the houses on them when they were developed back in the '70s, no one would be here. CHAIRWOMAN OLIVA: Is there anyone in the audience that wishes to comment on this application? If not, I'll make a motion to close the hearing and reserve decision until later. MS. MOORE: Did you still want something from me? ASST. TOWN ATTORNEY CORCORAN: It's up to the Board. (See minutes for resolution.) BOARD SECY. KOWALSKI: The question of what she paid. CHAIRWOMAN OLIVA: Yes. MS. MOORE: Do you want to know the value of the buy-out? CHAIRWOMAN OLIVA: Yes? MS. MOORE: Keep in mind that buy-out would have been 1995 value. 45 August 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOARD MEMBER DINIZIO: SO you're going to send us what? MS. MOORE: How much she bought out her brother for. C}{AIRWOMA/~ OLIVA: Next hearing is Sherwin on Fisher's Island, wonderful 1920s house on Fisher's Island~ BOARD MEMBER GOEHRINGER: This is not built yet? CHAIRWOMAN OLIVA: No, this is not yet built. Mr. Sherwin, would you like to tell us what you would like to do? MR. SHERWIN: Basically I've spoken to all my neighbors, I'm sorry, I haven't spoken to all my neighbors, I have spoken personally to the ones directly on my property, and none of them have any problems with it, and none of them will see it except in mid-winter. And of those neighbors only one of them lives there in mid-winter, and he's directly behind me and he has no problems with it at all. And I'm pretty sure of this, no one will be able to see this tower from their actual houses. From the edge of their properties, they will be able to see it, but not from their houses. But anyway, none of them have any problems with it, and I'm not sure what more I should say to advocate, other than the fact that I think it's keeping with the tradition of Fisher's Island and the architecture of the house and it's below 35 feet town -- CHAIRWOMkN OLIVA: The code. MR. SHERWIN: The code. And it's also more than 40 feet from the property line of our property. CHAIRWOMAN OLIVA: Also I like the idea that you've really built it into the house rather than being separate from the house. BOARD MEMBER GOEHRINGER: It was very nice of you to tell us that, Mr. Sherwin, but the problem is the precedent of what has occurred in this town regarding the use of three-story additions, and I don't mean that in a sarcastic sense. We do appreciate that situation. However, the short-lived period of time in granting these applications we have required, this Board has required, I'm not speaking for the Board, a sprinkler system. 46 August 18, 2005 9:5{I a.m BENEDICT LIe g5753. Request Variance. based on the Balldin Departmem's March 22 20q5 Notice of Disapproval concern- ing an eddifion to an existing dwegthg. The iea~son fi>r dis*p- ~c}~ons 100-242A and 100-244, based on the Buildin g Department's May 25. 2005 Notice of Disapproval, concern- ing propgsed second-floor addi lions w~th alterations, and one- story addition, which when local ed at less than 15 feet on a single side yard will increase the degree of nonconformance. Locadon of ProperS: 25270 Main Road, Cutchogue; CTM 109-3-3. 10:55 a.m, ROSE HAIEK #5747. Request for Variances under Sections 100-242A and 100-244, b~ed on the Buildin Department s June 11, 200> Notice of Disepp.roval concern- lng proposed eddluons with ager- attons to the existing dwelling, and increase in the de~reee of non~ conformance when l-dc*ted less than 40 feet from the front lot line and less than 50 feet from the rear lot line, at 15305 New Suffolk Avenue and Grathwohl Road, New Suffolk; CTM 117-6-15. I:00 p,m. WILLIAM AND BAiLBARA CLAYTON g5743. Sections 100-33 and 100-244, based on the Buildin Department's Notice ~ Disa~pproval, amended June 27 2005, concetxdng proposed addi- tions with ahembons to the exist- ing dwelling with a rem' yard set- back at less thm~ 35 feet, and new accessory garage building in an area other than the required rear *rd, at 12832 Route 25. East Marinn; CTM 31ol4-15 1:15>p,l,m. ANTON BETILER and MAP, LA MILNE g5752. Request for Variances under Section 100-244, based on the Building Deplamneht's June 20, 2005 and July 18, 2005 Notices of Disapproval concemthg pm- posed deck addition, inclusive of Building Deparmnent's April 22, entrance additions, both less than 2(}05 Notice of Disapproval. , con-. 35 feet from the front lot line, at coming a new bu0thng with 185 Ospre~'y Nest Road, greater than 60 feet of frontage Greenporl; CTM 35-6-36. {buildingwidth) on one street; 1:20p.m. JANECOCKERILL 74825 Main Road, Greenport; #5741. Request for a Variance 45-4-8.3 Zone District: General trader Section 100-30A.3, based B Business. on the Buildint~ DeeP~anment's 10:15 a.m. OTTO and JUNE May 18. 20~5 Notice of SCHOENSTEIN #5744. Disapproval concerning an addi- Request for a Lot Waiver under lion with alterations to the exist- Section 100-26 to unmer'ge ing dwelling, as built with new County Tax Map Refi 1000-57-2- nonconformance as located, at 6 vacant land), from CTM 57-2 less than the code-required 15 2.1 (improved land), Based on feet from the side lot line; at 700 the Building Department's Bh'dseye Road, Orient; CTM 17- Noventhcr 22, 2004 Notice of 2-l.14. Disa proval, amended June 13, 1:25 .m. MARK PALLADI- 2()0~ thepropertics have been Nlg57~6. Request for a Variance merged in this R-40 Low-Density under Section 100~244 based on Residential Zone District, under die Bdildinng Department's June Section~O0-25, Location of 20, 2005 Notice of Disapproval ~l~tolSWny: 500 an~'~b'~d concerning an addition proposed LEGAL NOTICE tew Lane, Greennm~ '"xrl. at less than 40 feet from the front OF APPEALS #5740. Request lbr a Lot Waiver Mathmck; CTM 115-16-5. THURSDAY, AUGUST 8, under Secbon 10t)-26 to mm~erge 1:30 p.m. LOIS AM[ND ~rursuant to Section 267 of the the Bmlthng Department's Jane dieBmldingDeepatarlment'sJm~e3, Town Law and Chapter 100 9, 2005 Notice of Disapproval, 2005 Notice oCDis~pproval eon- [Zoning) Code of the Town of the properties have been merged ceralng aporch addthonproposed 8outhold, the following public in this R-40 Low Density at le~s than 40 feet from the rear heatings will be held by the Residential Zone District under 1ot line, at 265 Highwood Road, SOUTHOLD TOWN BOARD Section 100-25. Location of Southold; CTM 78-9-52. OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 on Thursday, August 18, 2005, at the times noted below or as soon there- after as possible): 9:40 a.m. CttARLES and KATHLEEN WATSON g5738 Request for an amended Variance Property: 66425 C.R. 48 and 1:35 p.m. ANDREW and HomesteadWay, Greenport'Ma DAWN DUERWALD g5754. of Eastern Shores, Section ~, Re~ Request for a Variance under 152 and 153. Section 100-244, baaed on the 10:35 ~m, PETER SHERWIN Building Deparanent's June 22, #5729. Request for a Variance 2005 Nrotine of Disa~pproval con- under Section 100-30A.3, based cemingproposedadditionsatless on the Buildth De artrnent's May 4, 200~ ~tice of Disapproval concerning a pro- See Legal* next page~. ~'OUNTy OF SUFFOLK TATE OF NEW YORK ss: racy M. Mclaughlin, ,'om, says that she is · Ivertising Coordinator, of atchman, a public newspl Southol& in Suffolk Corn notice of which lhe ar mted copy, has been publi aveler Watchman once r.._..~....week(s) s mmensing on t~e ...... ~-~. .... ~' ' c; (.. ,2 om to befor~jne this... ... t~k/.~. (~ {..'~.., 2005. Notary Public · t.egalafn~m preceding page cemthg a new accesso~ gara p, mpo~d._ in a fi~nl yard at ~esg~s proposed division of land. ~or the 2 reason that lot No. 1 will than 40 feet from the front lot line, man 40 feet from the code- be less t~anPl 0n~tfeetthlotwiddi h at 95 Clearview Avenue Wes required front lot line, at 1020 ~f~..~age). and prolmsed/ et No. Ii LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 18, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, August 18, 2005, at the time noted below (or as soon thereafter as possible): 10:25 a.m. JOYCE ORRIGO #5740. Request for a Lot Waiver under Section 100-26 to unmerge CTM 40-2-12 (vacant), from CTM 40-2-11 (vacant). Based on the Building Department's June 9, 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: 66425 C.R. 48 and Homestead Way, Greenport; Map of Eastern Shores, Section I, Ref. 152 and 153. The Board of Appeals will hear all persons, or their representatives, desiring to be heard or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: July 19, 2005, BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ORRIGO, JOYCE #5740 MAP #: 40-2-11 AN D 12 REQUEST: Lot Waiver to Unmerge Two Undersized Lots DATE: THURS., AUGUST 18, 10:25 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the heanng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 1197t-0959 (631) 765-1809 fax (631) 765-9064 Date of Building Inspector's Notice of Disap~oval: ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of: ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ~()/--)- Missing information- ~ ~ ~/J-~ ~=~)c'~-"c~'~'-7~ ~- o/_~_,..~:~.-,/;'-~Lr-~ 'T[O~_~.~_J /~'~'/ OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): j~ ~oo. ( ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new.check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you.