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5791
X 5-Z 9a�b' g2- rt 6792 APPEALS BOARD MEMBERS DF so ry0 Southold Town Hall Ruth 1). Oliva, Chairwoman h0 !Q 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer * # Southold,NY 11971-0959 Vincent Orlando Q Office Location: James Dinizio, Jr. • �O Town Annex/First Floor,North Fork Bank Michael A. Simon IyCOU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIViD BOARD OF APPEALS 02 -1�ro 1041 TOWN OF SOUTHOLD MAR 13 2M Tel. (631)765-1809•Fax(631)765-9064 n FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 1, 2005 Aflawd Ta n Clerk ZBA File No. 5791 — Michael and Helen Reddington Location of Property: Bittersweet Lane, Cutchogue CTM 104-2-7.1 and 7.2 Date of Public Hearing: November 17, 2005 PROPERTY FACTS/DESCRIPTION• The applicants' property is shown on both surveys dated April 27, 1998, amended February 8, 2005, prepared by Joseph A. Ingegno, L.S. The property consists of a total land area of 63,808.43 square feet. BASIS OF APPLICATION: Building Inspector's April 23, 2005 Notice of Disapproval, citing Section 100-25, stating the subject lots ( CTM 1000-104-2-7.1 and 7.2) are merged, and that no deed of record was found to indicate lots 7.1 and 7.2 were separate. Further noted by the Building Inspector is that the proposed division of lots in the R40 District is not permitted under Section 100- 32, for the reason that "no building or premises shall be used and no building or part thereof shall be erected or altered in the AC...Districts unless the same conforms to the Bulk and Parking Schedules incorporated into this chapter with same force and effect as if such regulations were set forth herein in full." The Bulk Schedule requires a minimum area of 40,000 square feet for each lot proposed in a subdivision. APPLICANTS' REQUESTS: In the applicants submission, two requests were filed. The first being a request for area variances under Chapter 100, Article III, Section 100-32 concerning the merged area totaling 63,808.43 square feet, as a division into two separate parcels with a proposed area of 31,952 square feet (CTM 7.1) and 31,856 square feet (CTM 7.2). Town Code Chapter 106 provides for subdivision procedures with the Southold Town Planning Board. Not advertised with the first application is the applicant's second request for a Lot Waiver under Section 100-26, a different procedure under Chapter 100, Article II, Section 100-26. This request involver applicant's proposal to unmerge a 160 ft. x 200 ft. vacant area (CTM 7.1) from the adjacent 160 ft. x 198.81 ft. (CTM 7.2) under the procedure allowed under Section 100-26 concerning merged properties. Lot Waiver requests under Article II are a different procedure and jurisdiction than area variances requested for a division of land under the Bulk Schedule and Chapter 100, Article III, Section 100- 32, and Chapter 106. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this matter on November 17, 2005, at which time written and oral evidence were presented. Based on all testimony, documentation, personal Page 2—December 1,2005 Is 0 ZBA Appl. No. 5791 —M. and H. Reddington CTM 104-2-7.1 and 7.2 observations of members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: BOARD RESOLUTION: On motion by Chairwoman Oliva, seconded by Member Simon, it was RESOLVED, that the Board hereby determines that the application for an area variance is not the appropriate vehicle concerning unmerger of lands, and it is further RESOLVED, that the applicant's request under ZBA File No. 5792, for a Lot Waiver to unmerge, be advertised for a public hearing to be held on January 26, 2006. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5-0). RUTH D. OLIVA, CHAIRWOMAN 3/�zd06 Approved for Filing SURVEY OF PROPERTY I. SITUATED AT �` �MIFWMW ''�� CUTCHOGUE i AOFOOm "VATOM AK w ma 3. Iwwllr 7mc UNA=U = b A I To A 77DIww! "Mm A 1.000 OMAN& TOWN OF SOUTHOLD + TAIA; or Low r-r ML r-r on I A7Aoww"v "M A 1 m A O77wo01I 0018 w 700 p It"EWAKk SUFFOLK COUNTY, NEW YORK log /roup. rdb. rlw, m oa•,,Im,,,,w S.C. TAX No. 1000-104-02-7.1 a/ ty° aSALE 1"*40' ® lovao I7Aalllc loos APRIL 27. HN TmI FEWAARY 6. 2006 WMR RMEY go— fp' yl,Q 7. Alw/OO OIRAiW0%MI M A< nIOY I= or WE" m r/0 low so a as At swl aw � wrraut wlwrT AREA = (034 cc. p. fl. 0.734 ac. i T. tow wI1wBD fIgO1! TwAA LOf(D Imu To b ON 1f WAN POY 4m!Y DWAPNWW / Ss IOC. INt W YAIL7! +1, J V 7 3LZ }70 L r s �6+ 7�D.+1 'a � { t m 0 N$ �y,►� AT �? O r TEST HOLE LUTA y co t 05 A5 O E ouc er MQMLQ�fL I* vtx p. +w7) 0 r<Rt $ aM`a� P/0 LO� 18 $ ...... w Y S 5e; N lx op is 111 ws ww me r AL1Y Y S• K1CM+��Y Olpt A7wIwA * �K 14 il0'A•f RAA A. � j twirof `i ! f Y 2 mm (IN)M-2m Fwt (&07)727-1727 A'7WOM �� �` i�p�r�Ar WOW AWAM 40 10 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 17, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- a 0959, on THURSDAY NOVEMBER 17 2005: 10:50 a.m. M. and H. REDDINGTON #5791. Request for Variances under Sections 100-32 and 100-25, based on the Building Inspector's August 23, 2005 Notice of Disapproval, for area, width and depth in this division of merged lands, conveyed by deeds after May 1983. The reasons stated in the Notice of Disapproval are that the lots are merged, and no deed of record was found for separate lots 7.1 or 7.2 (required for lot recognition under Section 100-24A-1). Location of Property: Corner of Horton Road and Bittersweet Lane, Cutchogue; CTM 104-2-7.1 and 104-2-7.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 24, 2005. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #7610 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burgon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 3rd day of November 2005 /I (r cipal Clerk Sworn to before me this day of✓� 2005 i CH RISTI N1LION SKI(/ NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County Commission Expire) February 26, 2006 V Notice --- -6approval,amended Sep- der Sections 100-32 and i,based . tember ate,, concerning a noPo? d on the Building Inspecto*- gwt 23, �L addition and alterations to P..x nog 2005 Notice of Disapproval'for area; dwelling,creating a total side yard set- width and depth in this division of a` \\� back area of less than the code required merged lands,conveyed by deeds after � 35 feet (15 and 20feet);at 710 West May 1983.The reasons stated in the Shore Drive,Southold;CTM 80.1-46.1. Notice of Disapproval are that thelots 9:45 am.RALPH PASSARO#5790. me merged,and no deed of record was Request for Variances under Sections found for scpamue lots 7.1 or 7.2 (re- 100-33AA and 100-244, based on the quired forlot recognition under Section Bulldog It August 31, 2005 mer of HoRon Road24A-1).Location oamd Bittersweetf,Property: Notice I. Notice.of Disapproval,concerning tchon Rad a 104-2-j,1 and built additions at less than 50 feet from Lane,..Cu. the rest yard line,and as-built shed lo- 1042-7.2. sated in a side yard instead of the code- 11:10 a.m. JOHN and JANE ANN required rear yard; at 875 Deerfoot INGeR1uder Sections 100equ33 for ari- Path,Cutchogue,CTM 103-46. 9:50 a.m. SIMON CAUDULLO and loa2wB,based on the Building In- #5787andasamondedunder#5801.Re. sPuV�r�enil1 October2005 74,2005tice of D,xcon quest for Variances under Sections ding mmin removal or the existing gage 12 and Department,, based o,the Building g Department's August 24,2005 Notice and-construction of a new accessory of Disapproval,amended October 24, building with garage and storage on the 2005,concerud4 as-built additions and first rfloor and nd workshop shoor e half bathroom. alterations o a on-habitable thee building The.reas ns stated in the Building In- areas: noncoss than 35 a the follow front ng or's Notice of Disapproval are that areas:line, less than 35 feet from the front spec[ yard line,(b)lot coverage exceeding the the building is not.permitted because code limitation of 20%lot area,and(c) the setback will be less than 50 feet from living area less than the code required minimum 850 square feet for dwelling use is nota p andnrautted use.the on of 0375 assau use,at 970 Seventh Street,Greenport; P operty:1CTM]19-1 15.PomtRoad,Cu- CTM 48-2-19. 9:55 a.m.CHERYL HANSEN RE- 1:20 p.m. RQA PROPERTIES VOCABLE TRUST#5796.Request for (RICH'S QUALITY AUTO BODY) Variances under Code Sections 100-33 #5759. Request for a Variance under and 100-239:48 concerning a proposed Section 100-241A,based on the Build- accessory garage located partly in a side ing Department's May 26,2005 Notice Yard instead of the code-required front of Disapproval concerning a proposed or rear yard,and at less than 75 feet detached 1760+- square foot building from the bulkhead, at 445 Elizabeth for business activities related to the Lane,Southold;CTM 75-5-3. existing nonconforming auto body busi- 10:00 a.m. ELLEN J. MCNEILLY nes,.The reason stated in the Building #5800. Request for a Variance under Inspector's denial is that the property IS 4 Section 100-244,based on the Building zoned Residential 1L40'and a Ronson- Inspector's October 18,7005 Notice of forming auto body shop use is not Per- Disapproval concerning proposed ad- mitted tolie enlarged,altered,extended, ditions/alterations to the existing dwell- reconstructed,or placed on a different ing,which will constitute an increase in portion of the lot or parcel of land ocn- the degree of nonconformance when pied by such use on the cffectiv.dote of located at less than 10 fee[ from'the this chapter,nor shall any externalevi- code-required minimum side yard,at 70 desce of such use.be increased by any Vincent Street, TM 36 Orient;C -1.5. means havicelln950 Road at intersect"Ecmujoco of Prop- 10:10 - 10:10 a.m.MONTAUKBUS SER- erty: VICE,INC.#5778. Request for a Spe- with Fleets Neck Road(a/k/a Pequash sial Exception under Section 100-141(B- AvenueBostd oogue;CTM Appeals w�hear all 6)concerning a proposed Bus Terminal The use and related building areas located persons,cr their representatives desir- at 115 Commerce Drive, CLtchogue; ing o he heto ard t awnttenststat and/or CTM 96-1-1.2.Zone District:LI Light before the conclusion of each hearing '1 ments Industrial d 10:20a.m.BARTON andPATJOHN- Each searing will not start than SON #5788` Request fore Variance desireviewnated above.File,are during regfor ular businesso available urs at oder Section 100.239.413, coomnaing demolition of an existing dwelling and our new location at 54375 ain Road, proposed new dwelling at less than 75 Town Amex NFB Budding,Fns[Floor, feet from the bulkhead,at 860 Bayview Youngs Avenue and Mao Road,South- Drive,East Marion;CIM 37-5.7. old.If you have questions,please do not 10:25 a.m.. MICHAEL ZEVITS hesitate to can(631)765-1809. #5789. Request for a Vndauce-under Dated: BY ORDER OF O05. THE Section 100'•244 c moscroing a proposed new dwelling,based on the Building ZONING BOARD OF APPEALS Department's June 22,2005 Notice of TOWN OF SOUTHOLD AN Disapproval,amended September 13, RUTH D.OLIVAByfI LindaK walski 2005,for the reason that the new con- T t n _ sniredon will be less than 35 feet from _ --- LEGAL NOTICE the front yard line and less than 75 feet SOUTHOLD TOWN. from.the bulkhead,at 1450 West Lane, BOARD OF APPEALS. Southold;CTM 88-6-185. THURSDAY,NOVEMBER 17,2005 10:30 a.m. PREMIUM WINE PUBLIC HEARINGS GROUP LLC #5784. Request fora NOTICE IS HEREBY GIVEN,pur- Variance under Section 100-83C,based secant to Section 267 of the Town Law on the Building Department's Angus[9, and Chapter 100(Zoniug),Code of the 2005 Notice of Disapproval concerning Town of Southold,the following public proposed additions and alterations con- 19 hearings relative toChapter 100(Zon- netting two existing buildings,resulting t�lll�' ,•7B ing),will be held by the SOUTHOLD in a linear frontage following the new TOWN ZONING BOARD OF AP- construction of more than the code PEALS at the Town Hall;53095 Main limitation of 60 feet on one street.Lo- Road, EO. Box 1179,Southold, New cation of Property:351Cox Neck Road York 11971-0959,on Thursday,Novem- at Sound Avenue,Mattimck;CTM 121- ber 17,2005,at the times noted below 06-01. (oras soon thereafter as passible): 10:40 a.m. JAMES and DENISE 9:30 a.m. JOHN'audBARBARA MARTIN#5794.Request for Variances CONDON#5785. Request for-a Vari- under Sections 100-33 and 100.242A, ance ander Section 100-244,based on based on the Building Department's the Building Department's August 31, September 28,2005 Notice-of Disap- 2005 Notice of Disapproval concern- proved, concerning as-built accessory ing a proposed addition at less than 35 structures (trellis hot tub I structure, feet from front lot line,at 1755 Sigsbee shed),expansion of the swimming Pool, Road,Mattituck;CTM 144-2-12. and alterations of an existing shed to a an 9:35 a.m: MARTIN KOSMYNKA outdoor shower and changing re- (contract vendee)and TIDE GROUP, lated to use.of the swim ung.pooh,and INC.#5779.Request for a Variance ur- storage.The reaspss stated in the Build- der Section 100-43C,based on the Build- ing Inspector's Notice of Disapproval ing Iuspector's August 2,2005 Notice of are that the newbconstructiiooun rrelaat dses to Disapproval, to allow an'Apartment the accessory . dings/ unit for security/management purposes less than 60 feet from that the change f use of y e exist- related to the proposed public storage iandmnconforming,shed increases the use,at 50 Commerce Drive,Cutchogning g Parcel 96.1-1.4.Zone District:LI Light nonconformity when the use imensf- fied to different acceeause:f.oca• Industnal 940 a.m. ALEXANDER tion ofRoad,Mattturtck,'1CrM 1 11 64-4-3 1 Beech SZNURKOWSKI#5786 Request 10:50 am.M.and FL REDDING- Variance under on 100.244,based on the Budding lnspeetor-a July 21,2005 TON 0791.Rapatfur Verianasun- FORM NO. 3 Z� J 7 SII NOTICE OF DISAPPROVAL / DATE: August 23, 2005 TO: Richard Vandenburgh for M & H Reddington 4 Montauk Highway Westhampton,NY 11977 Please take notice that your application, dated August 22, 2005 For permit for recognition &waiver of merger at Location of property: Bittersweet Lane, Cutchogue NY County Tax Map No. 1000 - Section 104 Block 2 Lot 7.1 Is returned herewith and disapproved on the following grounds: The subiect lot (SCTM# 96-1-6) has merged with adjacent lot to the east (SCTM# 1000-104-2- 7.2 ursuant to Article II Section 100-25, which states• Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1 1983 An adiacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Furthermore, the proposed division of lots located in the R40 District is not permitted pursuant to Article II.1 Section 100-32, which states "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC.. Districts unless the same conforms to the Bulk Schedule and Parkin Schedule mcomorated into this chapter with same force and effect as if such regulations were set forth herein full" No deed of record was found to indicate that lots 7.1 & 7.2 were separate Authorized Signature CC: file, Z.B.A. : .., I tt� APPPCATf2N TO THE SOUTHOLD TON BOARD OF APPEALS For DR tV�/E�.O� Fee:$&�• Filed By: D[1 /A'Y'�L`Jt N Office Notes: Parcel Location: House No, Streeto pe LS Hamlet CtXTZ,140C.rwb SCTM 1000 Section 10LJ Block 2 Lot(s) •1 Lot Size3liLM"ythone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: -1.3 1, 2An y Applicant/Owner(s): MISALn F�1 4- ",LIW Mailing Address: N I Z R-10Ef7-- P4AZ t NJ 1103Q Telephone:cm b NOTE: trappneant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative:_ d W . VAJJ4'�-d4TuRg(7( Esq Address: l 1 MON iYL Uk /@ZJ% t W A J l RAXt,PTM) e NJ Telephone:(�,31 1YJ - 5S'�b t f-Kr.� Co,() Zee- OZ YL Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) )authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑Budding Permit. ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction Other: Wto4 iSC cy- ly jZ(,�JZ, _ Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article—13.1- Section 100- �Subsection Type of Appeal. An Appeal is made for: ,WA Variance to the Zoning Code or Zoning Map. ❑A.Variance due to-lack-of-access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has rhas not been made with respect to this property UNDER Appeal No._Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: J A-C S-4tf43LwDK, f(, g2rLk GS c6mra-rs.f=D of- .TO unlrL Pews A<AA;J . TN-E 4&%k y AdzE ,kop�,Bv A-nrD 16tc WhNt-h ITE ca��sffaTizM Cl)-- (Itrz- A1Zv A. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Tt4,� troop r- -VAS- w1� RaJtiJ� FoJZ 5 0�v�SYe �1 i n1 i 9 b`( A�0 yYi�= /�1�ITS�Y"`23r4-L Ac,� W- 2r ceQ0ZaZ,. T'A�z- DUOS Si�>U-Ln rWT Pc [� wv� n4p 2A.gaf'. (3) The amount of relief requested is not substantial because- V1- .ZS cwvIT Y7%0n r �nrZY J }1 fL S J(LRdv N/�uvZ Al2F�. AJft w�c t_ � LAJZG-rjL P44AJ 5.11#1E 64� -4-Lc o1%Af� M-XcF..c s'. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: TNS. Sr.z� ;� T- c P2opof3?Ij LOTS wZ.k.� (z� 0rr- A YvFf��-�r.�T Szzi< . (S) Has the variance been self-created? ( ) Yes, or (xj No. If not, is the construction e)dsting, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the`difficulty in meeting the code requirements: (attach extra sheet as needed) s NDZ-A- -r S J+F-Lag- r!M1 PIAA JV74- rb CA'C r- c)_ A&M AI- Pte` T3 P4ZL-A4c-7 A,vo S vYxscTJ'n.EN"T` D_AR.rrh CS TAJ AWZ.0 2'r- _',Ae JZ Migt a.1W ZbA cls iAA7-5 , This is the MINIMUM that is necessary and adequate, and at the some time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on nextage to apply USE VARIANCE STANDARDS. (Please consult your attorne .) th a lea roceed to the signature and nota area below. Sign re of Appellant#r Authorized Agent Swom to before me this (Agent must submit Aftorization from Owner) ay of .4"j.-Cr.. k,r. , 200 =. Q��'( & (Notary Public) 1111=1RDW.YMIDBOWIG I C A f C Wk ZBA App 9/30M QaaMMlsMswhi41ow1i, L PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): f�� d Gb LL�in� �l iY TTN I. If building is existing and alterations/additions/renovations are proposed A. Please give the dimensions and overall square footage of extensions beyond existing building_ Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building_ Dimensions/size: Square footage: 11. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: 310-6 ip Height: III. Pu ose and use of new construction requested in this application: S'j�jy1 � fV1Zfi 7 W. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes,after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) ifyou are not sure. Thankyou. 3N1 f0 Ng3sM1a3d x311Wb _••..__. _ "q.ry __ l _ querns.wa _ 1aHOxa 51 drn Mrl AINxO] 1.1 3 I -M'gfi15 f0 Ngltl]a Axr 3J WYInBB'Lsw xrepAx —3Yf --1M— wn.suW.a.sw —!__ aix.x491 nNi -•,•Y "n"�f no 3lrs'umlrx3ln•3xnxslwan ITZI `5 0311JItl1510 3 wXll! 33tl Ya voNY x —— h4V FVR aryl M P 3011ON 31tl3dOtld JNIIOIIOf Xl Xrrlp SS '•x u. LS W�1 ry n llY '3slltl3x10 —X 4n m \ • rr a _ ! ! = 3(1OJ Ff31VMAYN w P 6 b S pf Ir, t ,v10'r+x A q ! y2 l 4 d. y • Px vt'Z Nxi 4. ";tt Mp J 11 t i 6t.` b'L lxl ,xX t tt 5t g .. s 001 t x5y y Prat as y .4 d ° 9d0 qt fats '+`� t St ttC l 4\r `qy Cyt CtrPt.,, `q l VNOVOF/H 4 b ` IJIV` t� •S p'fl d. O a�1^ � tl^ 4` * . 4, 5! 2 1'l lair i� 2 of 1� ' tz x 5� A .t ,y �ByS/ vC. as s i Ott�i 6y 01 a xs cn \ tt s°etlt x Yt tt o o. x s. A t A ^ ^ �...A°�tA atm �•W 32 r IJI x]ina'Zo _bZ•p.d ... bt n,.ws fi ao m :`q L 6 / t q .cow a3s "c a .Yp )Il f]MISSlltl3d N311W!llwNll! tl3lnLSW -—W—MI N4N elnxnl ly7 p3lYdptld 4 arX Mtl1 A1Nfq]nao1 ns 35n9e' —yYtl __ d •.. '.yy yl'uiyl • 3NL 301VS`�AffldNN ANY fJ N]Il(WmA d31W —1XSIl '''Y`n"'4x9 W�"Y�91'Ml M 4wJ P08 O tl0 31Y5 dlYtl3llY'3N rx3lMvn .max A4 NOPAwq — Jar--tl3i3i 4 YpNli O e 3JI10Ns 5ila]maa . '3slltlsXio N.m ssfxn - __ w,wo ueoxx «4l vw 1 ` 1 1 ,15_,.0 L5 I V is TOWN OF SOUTHOLD., i l. BUITWG PERMIT APPLICATION CHECKLIS BUILDING IIEPARTMI II 'R 15 2 i ' o you have or need the following,before applying TOWN HALL � i J LL4 • Board of Health SOUTHOLD., NY 11971 . l -- 4 sets of Health Plans TEL: (631) 765-1802 -'11Nd 0 :SDE T}.O D g --- - ` Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined _,20 Contact: Approved 20 ��� � ��- Mail to: Disapproved a{o..•�./c¢5� _ el_2 P(- 7 `7`—`'�_ / Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date „20`_ INSTRUCTIONS a. This application MUST be completely frlled 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 Every building permit shall expire if the work authorized has not commencedwithin 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. A_ APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Buildh 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 ro comply with all applicable laws, ordinances, building code, ousing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a c4oration) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises NMVL (; ,: d- H,&LFz,-J RLfJ3 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section LQ!J .9I ) Block C) ?_g-ta Lot 400 , OD JJ C7Gll_ Subdivision_ 1qA0&At g &ftM p Ate, Filed Map No. LOT— (Name) o(Name) 2. State existing use and occupancy of prem.-.s and intended use and occuy of px4osed construction: a. Existing use and occupancy MACAAM � b. Intended use and occupancy 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work MFt Com*' ww z vv"fZ (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor if garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures,if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front 16 O Rear 16 0 Depth !P� ,� 10. Date of Purchase tUD Name of Former Owner FS7717EF ///OclV -E'exy �Of1E D 11. Zone or use district in which premises are situated yO 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO 13. Will lot be re-graded? YES_NO Will excess fill be removed from premises? YES_NO_ 14. Names of Owner of premises a A Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF S UJ^FA v ) R-LCA 4A� W �JVW 4ZEA b A-?-C k4 being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (N1-TUr'44-"j (Contractor, Agent,Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this o �1 day of O&S2 2005— Notary Publi6 Signature of A l.1% Ncimy p91eb o1NW YMk /QrC/lf1¢O W ✓fFu'0p FH t6k yaAttwh • l ehael & Helen Reddington -03 417 Ryder Rd. Manhasset, NY 11030 516-627-5040 Ms. Ruth D. Olivia- Chairperson Zoning;Board of Appeals 53095 Main Rd PO Box 1179 Southold, NY 11971 November 4, 2005 Dear Ms. Olivia, I wrote to in August with some background information regarding the two lots located on Bittersweet Lane in Cutchogue, lots number 1000-104-02-7.1 and 1000-104-02-7.2. Our case is scheduled to come before your Board on November 17th at 10:50 AM. I am now attaching some supporting documentation I feel is important in the decision making process. Please find attached the Minutes from the December 8, 1969 Southold Town Planning Board meeting whose members at the time consisted of Wickham, Moisa, Raynor and Coyle. At that meeting the Board unanimously approved the subdivision. I am also attaching the Honarable Ralph F. Costello's decision of the Suffolk County Supreme Court that the subdivision was legal and valid. ][n my previous letter I mentioned that we had executed SCWA contracts and Health Department applications filed for each lot. Fortunately I was able to contact the SCWA and explain the circumstances regarding the two lots and they released me from the contract on Lot 1. The Health Department application is still active for Lot 1 but cannot be approved without water being installed. Pending your approval, I will ask the SCWA to proceed with the original contract which should satisfy the Health Department. In summary I would like to offer the following: • Minutes from the Board in 1969 recognize the legal subdivision • Suffolk County Supreme Court's decision in 2003 that is a legal & valid subdivision • SCWA water already installed to Lot 2 and ready to be installed on Lot 1 • Health Department Permits ready to be issued for Lot 2 and Lot 1 upon installation of water • Each Lot has its own Tax ID and Town of Southold street address • Each Lot is larger than many of the other lots in the immediate area I .ask again that you honor the decisions and intentions of your previous Board members and consider these lots Single and Separate. I thank you for time and patience in considering this matter and trust you will render a fair decision based all the information. Sincerely, MICHAEL REDD GTON Michael & Helen Reddington 417 Ryder Rd. Manhasset,NY 11030 516-627-5040 Ms. Ruth D. Olivia - Chairperson Zoning Board of Appeals 53095 Main Rd PO Box 1179 Southold, NY 11971 August 22, 2005 Dear Ms. Olivia, I am writing to you to give you a little background information regarding the two lots located on Bittersweet Lane in Cutchogue, lots number 1000-104-02-7.1 and 1000- 104-02-7.2. I think this information will help you make a fair and well informed decision with respect to the Single & Separate issue. My wife and I initially entered contract to buy the two lots in April 1998 and finally closed on the two lots in April 2004. The delay in closing was primarily due to water concerns. Subsequently the SCWA has installed water in the area and we have entered into binding contracts with the SCWA to install water mains to each lot. The Board of Health has advised that upon installation of the water main they will issue Board of Health permits for each lot. The Board of Health also indicated that the binding, Paid contract should also be sufficient to issue the permits as well. Hopefully by the time you are reading this we will have the permits in hand. The lots were originally created by a subdivision filed in 1935 by Mabelle Dempewolf and your Board members at the time considered the lots Single and Separate as documented by the recorded Minutes of their meeting. These lots were subsequently sold to Michael Romeo in January 1974. Sixty- nine years after the initial subdivision we purchased the two lots from the Romeo estate. Now, in 2005, we have agreed to sell the lots to two year round residents of Cutchogue and it is only in the process of making this sale has the issue of Single & Separate come to light. I can't understand why it has taken 70 years and multiple transactions for this to become an issue? Each lot had its own tax ID, its own Town of Southold street address, and are larger than many of the other lots in the area. In fact,just around the corner on Lilac Lane there was a lot about half the size of one of these lots which was sold in the past few years and a home for another year round resident was built without issue. I agree that somewhere in the past 70 years something must have been filed incorrectly or we would not be in this position now. But, whatever the mistake was it was an honest mistake and I am sure all was filed in the spirit of the law at the time. Yes there were Louis & Louise DUCH 260 Horton Road NOV 1 4 2005 Cutchogue, New York 1193 Z0N,EsC� �s November 12, 2005 Zoning Board Southold Town Hall 53095 Main Road Southold, New York To Whom It May Concern: We are writing this letter in response to the M & R Reddington (#5791) appeal to be discussed at the Southold Town Board of Appeals Hearing on November 17, 2005. Since we can not be present at this hearing at 10:50 am, we respectfully request that our letter be read at this hearing. We own the residence at 260 Horton Road, Cutchogue, which is the property that is adjacent to the M & R Reddington plot. We would like to go on record to say that we are opposed to building on this substandard sized lot and the creation of this subdivision in general. We are under the impression that there are zoning restrictions for new construction in the Town of Southold. We have also been led to believe that this building request has already been denied. Our observation is that the property in question is divided into lots smaller than one acre, and the M & R Reddington plot is really two half acre lots in disguise. Lots of this size do not reflect the intention of Southold's current zoning laws that strive to maintain the rural nature of the Town of Southold. We are opposed to building on any subdivision that would make the surrounding area that my residence is located in look like any suburban town in western Long Island. Isn't that in direct conflict with the intention of the zoning laws mentioned above? We are against any action by the owners of proposed lots in this subdivision to undermine these zoning laws. If this is allowed, then what will be allowed next? Will one .acre properties be allowed to be subdivided? Then will half acre properties be allowed to be subdivided? Please do not allow this subdivision to create the slippery slope of going 600/200'd 9£9L# NKOHOE df 68T999LT£91 T6:60 9002. 6T'AON backwards. It will be the beginning of the end of the rural atmosphere of Cutchogue and the Town of Southold as we know it. In addition, it should be noted that the two roads that would be impacted by this subdivision, Bittersweet Lane and Horton Road in the hamlet of Cutchogue, are both "paper roads," As you are already familiar with, a paper road is a road that exists on paper only. It is not fully recognized by the Town of Southold. Therefore, residences on these roads do not receive the full services of the Town of Southold. These services include mail delivery, garbage pickup and road maintenance. We are opposed to this subdivision due to the potential traffic burden it will place on my road, Horton Road. Horton Road is a dirt road with only four houses on it. This dirt road stops at the edge of my property and does not continue along the remaining line of the paper road that is indicated on the town maps. It is, in effect, a dead end with no outlet to Sterling Road. As mentioned previously, this road is not maintained by the Town of Southold. With only four houses on Horton, it is the burden of the homeowners of Horton Road to maintain the road. Also, despite the fact that the cars from only four houses traffic this road, Horton is constantly plagued with potholes which require maintenance. We are opposed to the aforementioned subdivision due to the added traffic burden it would place on Horton Road. We do not want to assume the financial burden of maintaining the road due to added traffic. Once Bittersweet is extended to intersect with Horton, it will become a through street, effectively connecting one end of Pine Tree Road to another. This brings the potential of all residents on Pine Tree using Horton Road as a thoroughfare to connect to their homes at the other side of Pine Tree. Who will be responsible for this added traffic burden on my road? Surely, you can't expect the four residences on Horton to be responsible for this? Finally, it should also be noted that Bittersweet Lane, just like Horton, does not fully extend along the lines of what is indicated on paper maps. In fact, Bittersweet is a dirt road that ends at the beginning of the proposed subdivision. In order to subdivide this property and for M & R Reddington to access their property, a new road would have to be bulldozed through land that is currently woods. Has there been any environmental impact study done to analyze the effect on the habitat of the local wildlife that would be destroyed as a result of creating this road? Is the town going to accept the financial and legal burden for this new road? Is the 600/E00'd g£9L# 1N9HOS3 dP 68T999LTE9T T6:60 900Z, 6T'A0N 0 developer? And where will that developer be once the subdivision is concluded? Off to the next money making project, no doubt. We will be left to deal with the consequences of these actions. We thank you in advance for considering our concerns. These concerns are shared by other residents of Horton Road. Please make every effort to address these issues before rendering a decision. ;:Sincere) , Q§so-� e6 � Louis A. Duchi Louise E. Duchi Any written correspondence should be sent to: Mr. 4 Mrs. Louis Duchi 4 Beach.Avenue Northport, New York 11768 b00Ci00'd 9E9L# NVOU014 dr V8T999LTE9T Z6:60 9009, 6T'AON OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 34375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 htto://southoldtown northforLuet Email: Linda.Kowalski(a)Town Southold nv us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 8 TRANSMITTAL SHEET Ck 0j- TO: .c.0 Ods. DATE: // ,I y /2005 RE: s m MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. Thank you. Pages attached. 3 • 9G G 1 • J I' ! • / r ( i' I 666 'i' � � ��•�. • � � r ' r� r � � . � �/ , ,iii;,. �' � � � /� / / I / i � � • ltd � �, � :� i :rr D r • ec`� Michael & Helen Reddington 417 Ryder Rd. Manhasset,NY 11030 516-627-5040 Ms. Ruth D. Olivia- Chairperson Zoning Board of Appeals 53095 Main Rd PO Box 1179 Southold,NY 11971 August 22, 2005 Dear Ms. Olivia, I am writing to you to give you a little background information regarding the two lots located on Bittersweet Lane in Cutchogue, lots number 1000-104-02-7.1 and 1000- 104-02-7.2. I think this information will help you make a fair and well informed decision with respect to the Single& Separate issue. My wife and I initially entered contract to buy the two lots in April 1998 and finally closed on the two lots in April 2004. The delay in closing was primarily due to water concerns. Subsequently the SCWA has installed water in the area and we have entered into binding contracts with the SCWA to install water mains to each lot. The Board of Health has advised that upon installation of the water main they will issue Board of Health permits for each lot. The Board of Health also indicated that the binding, paid contract should also be sufficient to issue the permits as well. Hopefully by the time you are reading this we will have the permits in hand. The lots were originally created by a subdivision filed in 1935 by Mabelle Dempewolf and your Board members at the time considered the lots Single and Separate as documented by the recorded Minutes of their meeting. These lots were subsequently sold to Michael Romeo in January 1974. Sixty- nine years after the initial subdivision we purchased the two lots from the Romeo estate. Now, in 2005, we have agreed to sell the lots to two year round residents of Cutchogue and it is only in the process of making this sale has the issue of Single & Separate come to light. I can't understand why it has taken 70 years and multiple transactions for this to become an issue?Each lot had its own tax ID, its own Town of Southold street address, and are larger than many of the other lots in the area. In fact,just around the comer on Lilac Lane there was a lot about half the size of one of these lots which was sold in the past:few years and a home for another year round resident was built without issue. I agree that somewhere in the past 70 years something must have been filed incorrectly or we would not be in this position now. But,whatever the mistake was it was an honest mistake and I am sure all was filed in the spirit of the law at the time. Yes there were APPEALS 130ARD MEMBERS SOF so Mailing Address: Ruth D. Oliva, Chairwoman y� Ur9p� Southold Town Hall Gerard P. Goehringer # 53095 Main Road•P.O. Box 1179 James Dinizio, Jr. Southold,NY 11971-0959 N Michael A. SimonOffice Location: Leslie 1Kanes Weisman • Town Annex/First Floor,North Fork Bank �yCOUNTI,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS 11.1 TOWN OF SOUTHOLD Tel. (631) 765-1809 9 Fax(631) 765-9064 March 13, 2006 By Reoulaar Mail and Fax Transmission 288-0286 Richard W. Vandenburgh, Esq. Foster 8t Vandenburgh, LLP 4 Montauk Highway Westhampton, NY 11977 Re: ZBA File No. 5791 — M. and H. Reddington (Area Variance Request) Dear Mr. VanDenburgh: Please find enclosed a copy of the determination rendered by the Board of Appeals at its December 1, 2005 Meeting. The January 26, 2006 and March 2, 2006 scheduled public hearings for ZBA No. 5792 were adjourned, as requested by your office. Please confirm in writing the amount of additional time that you anticipate is needed for the adjournment, and whether or not the applicants wish to proceed under ZBA File No. 5792 to unmerge property through a Lot Waiver procedure. Thank you. Very truly yours,// dzt Enclosure Linda Kowalski Copy of Decision 3/13/06 to: Building Department NOV 16,2005 01:36P 5166275040 page 1 • �\ Michael&Helen Reddington 417 Ryder Rd. Manhasset,NY 11030 516-627-5040 VIA FAX: 631-765-9064 Re: Meeting November 17,2005 10:50 AM Members of the Zoning Board of Appeals 53095 Main Road Southold, NY 11971 November 16, 2005 Dear Members of the Zoning Board of Appeals, We have sent you two letters over the past few months detailing the circumstances we feel will help you in your decision process regarding our lots on Bittersweet Lane. Our meeting is scheduled for tomorrow, Thursday,November 17,2005 at 10:50 AM. I am now attaching your"Standards Used by the Town of Southold Zoning Boards to Review Area Variance Application."In the context of your document, we have carefully reviewed each of the points presented and in return provided our responses. in providing our responses to your"Standards"and in conjunction with the two previous letters we have sent you, we believe that the overwhelming body of evidence is in support of our request and in the spirit of the Board that originally approved this subdivision, We would also like to thank you again for your valuable time and consideration on this matter. We look forward to meeting you tomorrow, Sincerely, MICHAEL YReEDDTNON NOV 16,2005 01:36P 0 5166275040 • page 2 Standards Used by the Southold Town Zoning Board of Appeals to Review Area Variance Applications In Arwrdnw with TOWN!AW]67443- "Area Variance"shall mean the authorization by the Zoning Board of Appeals for the use of land in the manner, which is not allowed by the dimensional or physical requirements of the applicable wiling regulations. (b) In making it's determination, the Zoning Board of Appeals shall tape into consideration the benefit to the apIp icant if the variance is granted, as weighted A&WUct the dctdment to the health_- safety and wet rn of the neighborhood or armor unit grant. by such In making such determination the Board shall also consider: I. whether an undesirable ch will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; Granting of the variance will not create undesirable changes in the neighborhood. The other properties in tite area are all about the same size as these lots. The original Board that approved the sub-division sought to insure that the lots conformed to the immediate area and they do. 2. whether the benefit sought by the applicant can be achieved by come method feasible for the applicant to pursue,other than an area variance; No, this request cannot be achieved by some other method besides approval of this variance, 3. whether the requested area variance is Vbggntu Yes the variance is substantial. Not in terms of the relative size to the other homes in the arca. There are several lots significantly smaller, including; a lot on Lilac Lane which is about half the site of any one of these; lots and a house w;fis built o it in the past few years. It is substantial in terms of the financial impact it will cost its if the variance is not granted. 4. whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; No it will not have an adverse effect or impact on the neighborhood, for many of the same size related issues above. We also installed Suffolk County Water allowing;the neighbors ilcccss to the water as well. 5. whether the alleged difficulty WN sellhaeatod which consideration shall be relevant to the decision of the Board of A y preclude Appeals, but shall not necessarily the granting of an area variance. No, this difficulty was not oaf-created. The need for this variance was the result of a Paperwork oversight years ago, A simple filing years ago would have Prevented this entire situation. (c)The Board of Appeals,in the granting of such area variances,shall grant the minimum variance that it shall deem necessary and adequate, and at the same time protect the character of the neighborhood and health, safetypreserve and community. and welfare of the Imposition of conditions. The Board of Appeals shall, in granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to an incidental to the proposed use of the property, NOV 16,2005 01:36P . 5166275040 page 3 • Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community_ •Clractive July 1,1992,the change eliminated We pmmious mgtdrcd showing or"pruyial difcultice,and bnmxessuy,hudthip" 'R 'P�-7 Q/ "'!!!/// !/ 61 1 2 BOARD MEMBER GOEHRINGER: What are we doing with the recharge of the pool water? 3 MR. TALGERT: Dry wells in the lawn area to the west of the pool, and that's where the 4 water from the pool will go into. BOARD MEMBER GOEHRINGER: Thank you. When 5 the pool is backwashed? MR. TALGERT: Yes. There's lots of 6 property for the dry wells. CHAIRWOMAN OLIVA: I'll make a motion to 7 close the hearing and reserve decision until later. 8 (See minutes for resolution. ) 9 HAIRWOMAN OLIVA: Next hearing is for Reddingtons on Bittersweet Lane for an area 10 variance. MR. VANDENBERG: Richard VanDenBerg here 11 on behalf of the applicant who's with me today, Michael Reddington. And we also have with us 12 Steven Garachi with us this afternoon. The application I believe before the Board 13 is not only for an area variance but also for a waiver of merger. 14 BOARD SECY. KOWALSKI: No, the waiver of merger has not been advertised with this 15 application because you have not had the property deeded separately. That is required to be eligible for a lot 16 waiver. So you're here (today) for the area variances for lot sizes to reconfirm the sizes, as you have 17 advertised it and noticed it to the neighbors. MR. VANDENBERG: Then we'll proceed with 18 what we can. CHAIRWOMAN OLIVA: The area variances take 19 to the Planning Board. BOARD SECY. KOWALSKI: Yes, if the area 20 variances were granted you could proceed to the Planning Board. There's a procedure for that. 21 MR. VANDENBERG: I misunderstood, I apologize. With regard to the area variance then, 22 the property in question was a subdivision that was brought before the Planning Board in 1969. 23 There was final approval that was rendered at that time. The parcel originally and was for a number 24 of years held by the Romeo family and relatives. And when the subdivision was approved for the five 25 lots, the two lots, which are the two we're talking about with regards to Mr. Reddington, November 17, 2005 62 1 2 essentially comprised almost 32, 000 square feet per plot. It is R40 zoning there. The lot widths 3 are located on Bittersweet Lane in Cutchogue. They are 160 feet in width and 200 feet in depth. 4 So other than the actual square footage of 40, 000, I believe that we are able to meet all of the 5 other bulk schedule criteria. The issue presented itself when 6 Mr. Reddington, who had originally contracted to purchase the two lots, there was a dispute that 7 arose with the sellers, that began back in 1998, was the contract, and ultimately, the issue of the 8 purchase was resolved in 2003 with a decision from the Supreme Court. The properties were then 9 closed on title with regard to the two properties and then approached the issue with regard to the 10 sale of one of the lots. Originally Mr. Reddington had intended to purchase these two 11 lots with the idea of constructing a home on one of them. Unfortunately, the delay in connection 12 with the sale resulted in his constructing a home nearby, but then when we began to look to sell the 13 first of the two lots, the issue of the size of the lot and subsequently the issue of the area 14 variance came up. I will say that the area over there on 15 Bittersweet is an area that is comprised of generally half-acre size lots. There are some one 16 plus acre size lots that are also in the area. There are even a couple smaller quarter acre size 17 lots that are not far away over on Pine Tree. So with regard to whether or not there would be an 18 undesirable change, we don't believe that granting the relief would create an undesirable change in 19 the character of the neighborhood because really the houses that are located and the lots that are 20 located across the street from Bittersweet Lane are the half acre lots, and these two three 21 quarter acre lots would be consistent with the surrounding community. 22 With respect to the benefits sought by Mr. Reddington and whether there was some other 23 feasible alternative to the relief that he is seeking, we do not believe that there is any other 24 feasible alternative with regard to the fact that when he purchased these two lots that he was 25 buying two lots, and the fact that we are in R40 zoning and that the requirement is 40, 000 square November 17, 2005 62 63 1 2 feet and these are more or less 32, 000 square feet that's a variation in the neighborhood of 20 3 percent or less in terms of the area size, and there's really no other alternative. There's not 4 a lot we can do in terms of purchasing any other adjoining lots to make these conforming. 5 That also addresses the issue of whether or not the relief requested is going to be 6 substantial. As I indicated on the bulk schedule with regard to the front yard setbacks, the width 7 of the lots, depth of the lots, all of those issues, other than the fact that we are looking at 8 a 32, 000 square foot, three-quarter acre lot appears to be the only issue that we're looking 9 for the relief with regards to the bulk schedule. Again, whether granting this relief would 10 cause an adverse impact on the physical or environmental aspect of the area, we don't believe 11 that that's the case. The area is pretty sufficiently wooded. There's a lot of natural 12 vegetation and growth in the area. There are a lot of -- for lack of a better term -- briar patch 13 areas that provide good natural screening and coverage. With the current lot coverage 14 permitted, I think we calculated that you could build a house as big as 6, 000 square foot 15 theoretically. Understanding that this lot is call it 20 percent undersized, the anticipated 16 construction of the home on this parcel really was going to be no more than a 2,500 square foot 17 footprint or a 5, 000 square foot home. So there is really enough that's present on the lot, 18 probably the growth on the lot, it's mostly deciduous, there is some evergreen on the lot, but 19 you could construct a home, meet all the setback requirements and still provide sufficient amount 20 of natural screening for all the surrounding neighbors. There's no wetlands on the lots, on 21 either of the two lots. So again, there's really no adverse impact 22 to the physical or environmental conditions. Mr. Reddington is here with regard to 23 speaking to you further on the issue of what the economic impacts would be to him with regard to 24 the area variance as well. CHAIRWOMAN OLIVA: I think my big problem 25 is access. The roads are in deplorable condition. They're narrow. They don't even meet our November 17, 2005 64 1 2 standards for 15' by 15' for fire access. And what could be done to upgrade these because 3 they're terrible. MR. VANDENBERG: Suffolk County -- 4 certainly what has happened to date, we've Number one, gotten Suffolk County water to contract with 5 us to bring a line down Bittersweet Lane into the area, so there would naturally be and certainly 6 are not opposed to some added issue with regard to improving the access down Bittersweet. 7 CHAIRWOMAN OLIVA: These roads are not owned by the Town; am I correct? 8 MR. VANDENBERG: Correct. CHAIRWOMAN OLIVA: Is there any 9 conversation or communication among the people on all these dirt roads to set up a special district 10 and have all these roads brought up to code and then float a bond and have it paid off through the 11 taxes? MR. VANDENBERG: There hasn't been any 12 collective conversation with all the neighbors on Horton. There is a small group that is kind of 13 some of the adjoining parcels to these two parcels where there has been discussions with regard to 14 some improvements on the road. We haven't involved the other neighbors on Bittersweet that 15 lead back to Pine Tree in that discussion, but certainly that was one of the issues that I 16 figured there was going to have to be some addressing of developing some sort of community 17 association or doing something to involve everyone in the discussion. 18 BOARD MEMBER SIMON: I would suggest that what Ms. Oliva was pointing out there are both 19 advantages and disadvantages to having a private road. If you have a private road, hence the 20 private association, then the roads that exist are with the agreement, of all the people who live 21 there; and therefore it is certainly of concern to everyone if more houses are going to be built on 22 those same substandard roads. So I would think that the matter of consulting with the neighbors 23 is not something to be done afterwards but perhaps before some of these issues can be considered by 24 the Town agencies. BOARD MEMBER DINIZIO: I think certainly 25 our code does address private right of ways and I believe there is a certain requirement. I don't November 17, 2005 64 65 1 2 think these roads meet it, but the Town does have some say in how wide this has to be. Jerry, you 3 can correct me if I'm wrong. I know that we grant right of ways, and I think the code enforcement 4 officer can go down there and make them, whoever it is, comply with the Town standard is, I think 5 15 feet has to be cleared. CHAIRWOMAN OLIVA: That's correct. 6 BOARD MEMBER DINIZIO: Eleven top, maybe it's 15 high, I don't know what it is. Now, of 7 course, we can base our decision on if that doesn't happen, they don't get what they want. We 8 certainly are entitled to do that. CHAIRWOMAN OLIVA: Or we can require a 9 280A access. BOARD MEMBER GOEHRINGER: I don't know why 10 that wasn't required. BOARD MEMBER ORLANDO: Subdivision? 11 BOARD MEMBER GOEHRINGER: Sure. Really we should stop the hearing in my particular opinion 12 and address the 280A before we go any farther. AUDIENCE MEMBER: What is a 280A? 13 BOARD SECY. KOWALSKI: 280A is an application for a variance. New York Town Law 14 Section 280A. BOARD MEMBER GOEHRINGER: For minimum 15 standards on roads. May I continue? CHAIRWOMAN OLIVA: Yes, go ahead. 16 BOARD MEMBER GOEHRINGER: Minimum standards on roads to meet fire and emergency 17 vehicles 24/7. BOARD MEMBER ORLANDO: Does your client 18 own Lot 1 and 2? MR. VANDENBERG: Yes, he does. I'll turn 19 over the microphone. BOARD MEMBER ORLANDO: And it's not before 20 us right now, but the Town is saying that they may have been merged, 1 and 2? 21 MR. VANDENBERG: Yes. Because of the issue they were held by the Romeos. 22 BOARD SECY. KOWALSKI: They were merged. BOARD MEMBER ORLANDO: But your client 23 doesn't own 3 and 4? MR. VANDENBERG: No, those are owned by 24 other entities. I'll reserve follow up comment, if I could. 25 CHAIRWOMAN OLIVA: Sure. Yes, sir? MR. WATTS: Charlie Watts, Jr. I live November 17, 2005 6-5 66 1 2 adjacent to the property in question, it would be the corner of Horton and Lilac. I don't know, all 3 my neighbors seem to like the roads -- except for one -- the way they are. It keeps a lot of 4 traffic from going down. It's rural, and that's why we moved there. And none of the neighbors are 5 aware of this going on. Just a little sign about as big as this and that's it. 6 BOARD MEMBER DINIZIO: Our concern, sir, is a fire truck has to get down there. There's a 7 certain minimum standard, and that should be met, and we shouldn't be granting more residences until 8 that. MR. WATTS: I agree, I'd rather not see a 9 house go up there anywhere. That's all. MS. FARRIS: My name is Joan Farris. My 10 husband William and I live on one of the lots of this subdivision. It's the only residence in this 11 subdivision. BOARD MEMBER ORLANDO: You're number 5 12 then. MS. FARRIS: I don't know what number I 13 am. I'm the only one. In response to Mr. Dinizio's comment about the fire laws, I had 14 the fire marshal come down and go down Bittersweet Lane, and he called me back and told me -- and 15 this was very recently -- told me that the New York State law for fire regulations has been 16 changed and there is no longer that regulation of 15 feet and 15 feet up. 17 CHAIRWOMAN OLIVA: I don't know if that was a New York State; that was a town law that we 18 passed because many of our volunteer fire departments just simply couldn't get up these 19 roads with their trucks. BOARD MEMBER DINIZIO: What I think he's 20 referring to is we follow now this international building code. But he may be wrong because I do 21 believe there is something in our code, which we can exceed that building code. I might be wrong. 22 MS. FARRIS: I agree with you, Bittersweet Lane has been the bane of our existence, to be 23 honest with you. The Town refers to our lot as 705 Horton Lane. We do not have access off of 24 Horton. We have access off of Bittersweet. The Building Department doesn't recognize 320 25 Bittersweet, which is what we have used as our address since we purchased our property 18 years November 17, 2005 66 67 1 2 ago. So there is a problem and in my conversations with the Town I haven't felt that I 3 have gotten a lot of help with this. I will tell you that years ago when we talked about the lots 4 in question with regard to this variance application that I was told by the Town that the 5 lots were merged. This was with Valerie Scopaz. And I was told also that Bittersweet Lane would 6 have to be improved by the first person that went in there and built a house as part of the 7 application process for a building permit. BOARD SECY. KOWALSKI: That's when the new 8 access law gets triggered is when somebody applies for a building permit. 9 MS. FARRIS: I don't know where that would stand at this point, all I know is that's what we 10 were told at that time. With regard to the variance Mr. Vandenberg 11 referred to that this would cause a hardship, I don't know that this is a hardship for 12 Mr. Reddington. I don't know Mr. Reddington. All I know is that our property is the only property 13 that abuts the lots in question, and for our bedroom windows to be looking out at two lots and 14 two houses when we really by statute are supposed to be one lot. And that's how strongly we feel 15 about it. BOARD MEMBER ORLANDO: Just to interrupt 16 for one second. But when you purchased that lot, they were two lots in front of you 18 years ago. 17 MS. FARRIS: They were two lots and we were told when we purchased that they were one 18 because they together under the same name. BOARD MEMBER ORLANDO: You're saying they 19 were merged 18 years ago? MS. FARRIS: They were. There's no deed 20 that shows separation of ownership of those two lots. 21 BOARD SECY. KOWALSKI: You still have fire access whether there's one house or two houses. 22 That's still the requirement. MS. FARRIS: The fire access is in 23 response to the questions the gentleman brought up. I'm not talking about that. I'm talking 24 about the issues with regard to putting the two lots together. And I don't know if this is the 25 appropriate forum for that, but I just know that we have that concern. When the Town says this and November 17, 2005 68 1 2 then the Town doesn't follow whatever it says it wants to happen in this town, then you're up for 3 interpretation by everybody all the time. And at some point you have to say yes or no, and this is 4 what you do. Just be considerate, that's all. The other thing is in terms of the 5 neighborhood, yes, there are quarter acre lots that have houses that are right on the border. I 6 don't know how that got approved, but that's what happened in the past. There are half acre lots 7 with small little homes on them. Those are not part of this subdivision. Only the properties 8 that you see on your maps are part of this subdivision. I don't know why their existence has 9 to impact on the marketability of what we have. There's no appraisal here, you can't determine 10 that our property is not going to be impacted. I can't determine that. There's no appraiser here 11 saying that we're okay. Two smaller homes usually means two smaller values. So, in view of the fact 12 that the property has had two lots, they've been designated, but they've been merged for years. I 13 feel badly that Mr. Reddington bought subject to this but no one talked to me about it, and this is 14 what I know. And, yes, I would love to have the Town take over Bittersweet Lane, but I know that 15 can't happen. BOARD MEMBER ORLANDO: It could. It just 16 takes money to improve that road. MS. FARRIS: That's not all it would 17 require. It would need an authority like yourselves that it needed to be widened to its 30 18 foot actual width, and that would impact people who are using it now for parking. And they would 19 not stand for that. So it is a 30 foot wide road. I was told by the Town it was owned by 20 Peter Sterling's family. It has no owner because the man's been dead for 35 years. So I don't know 21 what the case is. I just don't know what to do. But that's the only way that that road is 22 going to be improved, that the Town is going to stipulate that it be widened to what it's supposed 23 to be widened to. Thank you. CHAIRWOMAN OLIVA: Thank you. Is there 24 anyone else that would like to speak on this application? 25 CHAIRWOMAN OLIVA: Yes, sir? MR. KENNEY: My name is Joseph Kenney. November 17, 2005 68 69 1 2 I'm an attorney at law, so I want to tell you that, I can give you my appearance, it's 142 3 Joralamon Street, Brooklyn, New York, 11201. But my role as an attorney is really in the context of 4 my wife is the co-owner of 405 Bittersweet Lane and my wife's aunt is the owner of 305 Bittersweet 5 Lane, two adjacent properties which abut the subject property here. We object to the granting 6 of a variance here. We object to, if there does come a time when a waiver of merger is requested, 7 we object to that as well. A couple of reasons come to mind, when we 8 look at the nature of this property, my wife's family has been there for more than 50 years and 9 even though the house does sit on a half acre lot and my wife's aunt's house does sit on a half acre 10 lots, these two twin sisters who originally bought this property and put these two houses up 11 functionally served as a one acre compound, if you will. The properties surrounding the subject 12 property here are all one acre on, if you will, on two sides there are stated one acre lots, on our 13 side, while they are half acre lots it's functioning, has functioned for the last 50 years 14 and will function forseeably as a one acre lot. Another adjacent lot, the one that corners on 15 Horton, I think the same thing can be said. There are two lots there, they're two acre lots but 16 they're owned by the same family, and they have been for literally generations. To subdivide this 17 property and to change it into something that would create half acre lots there, or substandard 18 lots, would significantly, substantially change the nature of the usage of the property, the 19 nature of the appearances of the area. Regarding the roads, I agree they are 20 deplorable, and that's just how we like them. The condition of the roads, of course, demand that 21 traffic go slowly and it discourages traffic. CHAIRWOMAN OLIVA: Who maintains the 22 roads? MR. KENNEY: I don't know. 23 MR. WATTS: Everyone's supposed to maintain the roads in front of their house. 24 MR. KENNEY: When we talk about a variance, one of the criteria for your decision is 25 can the benefits sought by Mr. Reddington be achieved by some other means. When I think about November 17, 2005 69 70 1 2 the benefit that Mr. Reddington is seeking here, it is not to be able to build houses, rather than 3 it's the financial gain that's going to be had by being able to subdivide one lot into two, and sell 4 to two different owners. Now, when Mr. Reddington's attorney spoke a moment ago, he said 5 that we would hear from Mr. Reddington on the financial hardship that might be caused here. But 6 nevertheless, I find it difficult to believe that a financial hardship can be had, and unsatisfactory 7 financial benefit is going to result from a property that went to contract, and I believe he 8 said it was 1998, sir -- was it actually earlier than that? 9 MR. REDDINGTON: 198. MR. KENNEY: My understanding is that this 10 matter has been going on for substantially longer than that. In any case, even if it were a 1998 11 contract, to 2005, the market value has increased substantially. Any financial hardship that might 12 be lost by not being able to subdivide the property should really be measured against the 13 quality of life hardship that will be suffered by the families that have surrounded this property 14 for 50 years. Your criteria also talks about whether the 15 requested variance is substantial. I guess substantial is a flexible term in many ways. But 16 nevertheless, what we're asking is can we make two properties where only one is allowed by the code, 17 that's substantial. You're asking for twice the usage of the property that it was designed for. 18 Will it have an adverse effect or impact on the physical or environmental conditions in the 19 neighborhood? Certainly it must. Right now, we have, and we had for 50 years, and I, frankly, as 20 an outlaw, one who married into the family, I've only been there for 30 years, but what we find is 21 that the area has been almost a pristine nature preserve for those of us who have grown up there, 22 our kids who have grown up there. I understand that we can't expect that to go on forever, but 23 nevertheless, to say that we should amend what the law has given us, that we should provide some sort 24 of greater benefit to one who's speculating for the purpose of financial gain, it just seems 25 unjust. This is not an inadvertent problem, November 17, 2005 71 1 2 rather, it would appear that it was a very knowable issue at the time the buyers went to 3 contract, and certainly before they closed. To suggest that the rest of the community should have 4 to bear the brunt of that oversight, if it is, or unfamiliarity with the law, when in fact, those of 5 us who lived in the area, those of us who are even vaguely associated with what's going on in the 6 area, have been familiar with these problems for years, it just seems unfair to hold that perhaps 7 lack of familiarity on the part of the buyer, the owner now, against the rest of the neighbors. 8 Thank you very much. CHAIRWOMAN OLIVA: Thank you. 9 Mr. Reddington, I think you wanted to say something? 10 MR. REDDINGTON: Yes. I appreciate everyone's comments. I've been a resident, my 11 mom's got a house in Cutchogue for my entire life. My mom actually lives right around the 12 block on Lilac Lane. When we originally went to contract, and it was in '98 to purchase the 13 property, our intention was to build the house there. We bought the two lots, our intention was 14 to build a house on one lot and keep the second lot; I have four children. Subsequently with all 15 the delays, we found another house and purchased the house. What we were going to do with the 16 properties at this point, if they are properties, was with the possible intention of selling them or 17 the possible intention of keeping them for my children. I don't know what I'm going to do with 18 them in the future or what's going to happen with them. We were in contract to sell both of them; 19 because of certain delays the sales -- bids have been withdrawn, which I understand from the 20 buyer's point of view. We don't want to do anything to the neighborhood that would bring down 21 the value. My mother lives around the block. Right next to my mom there is a very small plot 22 that was sold several years ago and a house was built on it, a very nice house on a third of an 23 acre piece of land. Very pretty. I'm sure if the Board agreed to that it was two separate lots, and 24 I thought at the beginning of this conversation that that was not going to be decided here, but if 25 the Board was to decide it's two lots, I'm sure that the Building Department would only approve a November 17, 2005 :'1 72 1 2 house that was suitable for that size. They wouldn't approve a house that's suitable for an 3 acre. That's my assumption, I'm not 100 percent sure. 4 From our point of view, yes, the lots are three-quarter acres, they're not the acre zoning. 5 They're short by about 8, 000 square feet. When the Board in 1969 did approve that subdivision as 6 five separate lots, it wasn't a question of this is one lot, but we'll approve two. It was 7 separate lots, two separate tax IDs, two separate addresses in the Town of Southold. They also were 8 two lots. At some point they were merged and what I believe happened was it was an oversight 9 somewhere in the Romeo estate where he passed away and the filing went into agreement that the lots 10 were merged, and no one was there to unmerge them. I never knew that when I purchased 11 them. If I had known that, it would have been a different story. We went through with it. We 12 went to the Supreme Court with one issue on having to do with the sale. The Supreme Court said it 13 was a valid subdivision. And I'm not questioning, and I know it's not your job to say it's a valid 14 subdivision, it has to do with the size of the lots. 15 We bought them in good faith that that was the case, and if we were wrong, we'll have to live 16 with that. As far as the hardship is concerned; yes, it is a financial hardship. Whether it's an 17 immediate financial hardship or not, if you purchase something and think it's two, and all of 18 a sudden find out it's one, whether it's immediate now or 20 years from now when my children realize 19 it, it's a different story. It's something we just wanted to get straight and even if we 20 purchased at the time, we were going to build on one lot and keep the second lot as an investment 21 at the time. That was where we were leading with it. I know I've sent you guys a lot of different 22 letters over the past couple of months. I appreciate your taking the time to read them, and 23 the whole road concern is an issue that I'll address. It wasn't something that was brought to 24 my attention, and it's something I'll bring up with my attorney and whoever else is in the 25 neighborhood about that. I don't want do anything that's going to surprise the neighborhood. My mom November 17, 2005 73 1 2 lives there. It's not my intention to surprise anybody by building anything there. I wouldn't do 3 that to neighbors let alone to my mother who's right there. 4 I want to thank everyone for their time. Everyone who came here to speak. Whatever you 5 decide, I respect your opinion. Thank you. BOARD MEMBER SIMON: Just comment, first 6 of all, I do appreciate the gentlemanly nature of the discussion -- I regret using the sexist term 7 "gentlemanly" and the frustration is there is something in law called laches, which is sleeping 8 on one's rights; which is to say for better or worse, if you were given a right, if the owner was 9 given a right in 1969 to subdivide and to build on it, since that was never activated on, that was 10 exactly the point which the Town acted on when it passed a merger law. In other words, rights are 11 not in perpetuity. So it's unfortunate from your point of view, certainly, that you cannot depend 12 on once upon a time the owner of that property had the right to build two houses on the lots in 13 question. That's just a point of clarification and observation, but I do appreciate the polite 14 nature of the discussion and I hope this will be dealt with in appropriate manner. 15 BOARD MEMBER DINIZIO: And while I appreciate Mr. Simon's sentiment, my problem is 16 that we have people go and they took county maps, they see two lots. They receive two tax bills. 17 They receive all this stuff indicating that this looks like it's two lots, and the only way they 18 get a notification that these lots are merged in any way is if they happen to read the paper over 19 the course of advertising the law, or they were in town when there was a public hearing. The Town 20 makes no indication, makes no effort to notify property owners when their lots are merged, 21 although the Town did agree that there would be a subdivision here. 22 I'm a little unfamiliar with subdivisions in that the people who sold you this lot are the 23 people who got the subdivision approval? MR. REDDINGTON: No. It was Romeo. 24 MR. VANDENBERG: It was the collective family, Romeo before. 25 BOARD MEMBER DINIZIO: So then these two lots were sold to somebody else from the November 17, 2005 �s 74 1 2 developer, no separate deed then? MR. VANDENBERG: I can address that. In 3 ' 69 when the application was made for the final subdivision approval, and the minutes of the board 4 December 8, 1969 said it's approved, essentially that point it was a 12, 500 square foot single lot 5 requirement. What happens is in 1995 the law is amended to say that well, on merger issues, if you 6 meet certain things, there's a separately recorded deed, which I think it was affected in November of 7 1995, is when that law was enacted, that would allow us to I guess eliminate any discussion on 8 the issue of area variance. The problem was that Mr. Romeo, who owned the property, purchased it 9 from the family members, died in May of ' 98. I don't know that the estate had even begun to be 10 addressed or probated or handled. So the problem was that the estate completely missed, overlooked 11 or didn't deal with the fact that the only issue that had to have been done was to create and file 12 a deed. I refer to it as kind of a ministerial act. Something that there's no approval that you 13 need, there's nothing other than just putting words on a piece of paper and filing it at the 14 county center, would have eliminated all of the applications that we're here for. So while I 15 appreciate Mr. Simon's remarks about sort of sleeping on your rights and laches and those sorts 16 of issues, the part of the process that we are now faced with, is because they had gotten all that 17 approval, because it had been recognized in all other ways as a valid individual two lots, the 18 relief that you asked for is, what's appropriate? What is equitable than someone who then comes in 19 and purchases what he believes to be two lots, premises his investment based upon that, and then 20 you ask for the waiver of what happens to be nothing more than a technicality that's taking 21 something away from him. BOARD MEMBER DINIZIO: What is the next 22 step in this progression? 1995, because you don't have two separate deeds in two separate names. 23 BOARD SECY. KOWALSKI: 1995 they didn't merge. 1995 was when we created a procedure for a 24 lot waiver; that was a procedure. BOARD MEMBER DINIZIO: I know at some 25 point in time they were merged. What happened next? How is it that Mr. Reddington didn't know November 17, 2005 e 75 1 2 that they were merged? MR. VANDENBERG: Because of the contract 3 that was entered into back in 1998, it was entered into with a representation there were two lots. 4 BOARD MEMBER ORLANDO: And no single and separate search? 5 BOARD MEMBER DINIZIO: And no two deeds? MR. VANDENBERG: There were no two deeds 6 at that point. It was basically premised on the fact that they had the final subdivision approval 7 and all of that had been done. And there was a representation by the estate that that was, in 8 fact, the case. There are other representations in 9 connection with that that required them to produce single and separates and do certain things, but 10 more primarily was the issue of Suffolk County Department of Health and getting water down there 11 because the water was not potable down there. There were issues as to whether or not 12 even septic would be possible down there. So then the focus from the seller's point of view went 13 towards the Suffolk County Department of Health, unfortunately for whatever reason they just 14 didn't process that fast enough, yes, land values did go up. When we finally collectively with 15 other homeowners in the area that own some of the other lots prosecuted the issue with the Suffolk 16 County Department of Health to get them to agree with Suffolk County Water to bring water down and 17 resolve the Department of Health issues, we then said, look, we have now got this under control for 18 whatever reason the seller didn't do it. So now we want it closed. And that's the point where the 19 sellers then said, well, we think you have abandoned the contracts. We don't want to sell to 20 you anymore. BOARD MEMBER DINIZIO: Honestly, I don't 21 think that's part of our application here. The delay is fine and all that. I want to be clear on 22 why you wouldn't know that this was merged. If you purchased a piece of land say from the time of 23 the merger law on, you're going to need a deed. Any lawyer is going to probably say that. And if 24 you don't have a deed, how do you say that it's two lots? 25 MR. VANDENBERG: In the contract of sale the representations were made that we were getting November 17, 2005 76 1 2 that. When we didn't ultimately get that, we realized that ultimately there would have to be -- 3 BOARD MEMBER DINIZIO: You were getting what? 4 MR. VANDENBERG: Two separate, individual lots. 5 BOARD MEMBER DINIZIO: Like Lot 7. 1, Lot 7.2. 6 MR. VANDENBERG: They made that representation in the contract of sale. They said 7 they were going to give us that. When it got to the point where we were allowing them to do their 8 thing, and they didn't deliver, that's when the dispute arose. We then realized we were going to 9 ultimately be faced with having to deal with this. BOARD MEMBER DINIZIO: But you went ahead 10 with the sale anyway? MR. VANDENBERG: We went ahead with the 11 sale anyway and our remedies under the contract of sale were limited. 12 ASST. TOWN ATTY. CORCORAN: Essentially to not proceed and get your down payment back. 13 MR. VANDENBERG: Yes, to get your down payment, but you lost the benefit of what you 14 bargained for. ASST. TOWN ATTY. CORCORAN: But you did 15 proceed under the contract knowing full well you had an issue as to whether they were two separate 16 buildable lots. MR. VANDENBERG: We wanted to close the 17 transaction, yes. ASST. TOWN ATTY. CORCORAN: Before you 18 closed it became apparent to you there was an issue as to whether or not there were two separate 19 buildable lots? MR. VANDENBERG: I would say that's a fair 20 representation. ASST. TOWN ATTY. CORCORAN: And you 21 proceeded with the transaction. MR. VANDENBERG: We proceeded with the 22 transaction knowing that the only thing that hadn't been done was the simple filing of the 23 deed. BOARD MEMBER DINIZIO: Let me ask you, do 24 you then go to the Southold Town code and look at the waiver of merger law and determine that there 25 is something in there that would allow for a waiver of merger? November 17, 2005 77 1 2 MR. VANDENBERG: At that point there is no statutory definition that allows us to avoid 3 coming before you. BOARD MEMBER DINIZIO: Not avoid. I'm 4 saying qualify for a waiver. MR. VANDENBERG: There's nothing statutory 5 that qualifies for a waiver. We have to come and ask for the relief from you. 6 BOARD MEMBER DINIZIO: Right. We have certain criteria, four criteria; do you meet any 7 one of those? MR. VANDENBERG: Yes. Those are the four 8 criteria we talked about, in terms of the density -- are you talking about the exceptions or 9 for granting waiver of merger? BOARD MEMBER DINIZIO: For granting a 10 waiver. Oh, you're aware that these lots are merged? You're aware of that at some point in 11 time? At that point in time, you're going to look at the law and say Southold Town is giving us 12 something that we can get relieved. We haven't had that hearing yet. 13 BOARD SECY. KOWALSKI: That's why I redirected him here. I didn't want him to go 14 through a double procedure like Daysman-Morris did where the first step was to apply for a lot waiver 15 and find out he wasn't eligible. I didn't want to waste Mr. VanDenBerg's time with that. I wanted 16 him to get before the Board for a quick hearing. BOARD MEMBER DINIZIO: My next question 17 was going to be that. I'm confused as to just exactly, why are you here, because of the size of 18 the lots? MR. VANDENBERG: I admit I misunderstood 19 when I first stood up. BOARD MEMBER DINIZIO: Are we talking 20 about two lots or two single lots? BOARD MEMBER SIMON: Would a search at the 21 time of the contract reveal whether they had merged or not? 22 ASST. TOWN ATTY. CORCORAN: It should have, yes. There was no single and separate chain 23 of title search. MR. VANDENBERG: Again, I go back to the 24 fact that we initially contracted with regard to the seller, all these things were going to be 25 delivered to us. Then when we got to the point where we were on our way to court unfortunately to November 17, 2005 f KK,' 78 1 2 conclude the transaction, and I'm not going to stand here and neither is Mr. Reddington, and tell 3 you that we didn't recognize at that point sometime in 2003 or whatever it was, that this 4 plot of land, be it one or two had not increased in value, admittedly, yes, it had. 5 ASST. TOWN ATTY. CORCORAN: Whether it was one or two it was still a transaction you wanted 6 to proceed with economically. MR. VANDENBERG: Absolutely. 7 ASST. TOWN ATTY. CORCORAN: So that accounts a little bit against your hardship 8 argument. MR. VANDENBERG: At the point we 9 recognized, though, that our only option would be at that point would be to walk away or you can't 10 get more than your -- ASST. TOWN ATTY. CORCORAN: Your down 11 payment back. MR. VANDENBERG: So, yes, there was an 12 economic decision that was made at that time to conclude the transaction, agreed. Because at that 13 that point, knowing maybe what the road ahead was going to hold and that the only issue 14 presumptively that we saw was the fact that this was simply a fact that there was not a deed that 15 was filed. We did, if you want to call it, roll the dice. 16 ASST. TOWN ATTY. CORCORAN: Under the area variance standards, lack of economic hardship is 17 not fatal, but it's one of the balancing factors. So you're here to try and demonstrate to the Board 18 that this is not a detriment to the neighborhood, and that you qualify for a variance. Then I 19 expect you would then go ask the Planning Board to divide these two lots. 20 MR. VANDENBERG: Yes, ultimately that's what we're faced with, yes. 21 BOARD MEMBER DINIZIO: That's my confusion I think. Then because I read waiver of merger. 22 I fully expected to talk about waiver of merger. We're not talking about that. We're 23 talking about two 32, 000 square foot lots that they just want variances for the 20 percent 24 they're under, okay, the 8, 000. BOARD SECY. KOWALSKI: Because it was 25 quarter acre when they got their approval in 1969; today the size requirement is different. November 17, 2005 i c� 79 1 2 BOARD MEMBER DINIZIO: Right, but they're not separate lots. 3 BOARD SECY. KOWALSKI: Yes, they didn't follow-through for separate lots. 4 ASST. TOWN ATTY. CORCORAN: They would still need to be divided if you agree appropriate. 5 BOARD MEMBER DINIZIO: If we agree that these spots are consistent with the neighborhood. 6 MR. VANDENBERG: That whole discussion, I would point out, if we ultimately are faced with, 7 look we've got an acre and a half of land here, and ultimately we're faced with having to go back 8 to the Planning Board, the question is, is the Planning Board going to be more inclined to say 9 make one of them an acre and the other a half acre, instead of making them equally what they 10 were originally intended to be. Our objective is not to make them a complicated -- I think you 11 heard from Mr. Reddington, it's just to kind of complete what, quite frankly, what should have 12 happened in 19 -- BOARD MEMBER DINIZIO: I read 13 Mr. Reddington's letter, and he was stating that it was a 60 year old mistake. I was trying, and I 14 have it now. I know what you're here for even though one reason on this is not quite that. I 15 don't know. ASST. TOWN ATTY. CORCORAN: The issue of 16 the road is still relevant here. BOARD MEMBER DINIZIO: That would be a 17 condition of any approval we would give. CHAIRWOMAN OLIVA: To apply for a 288. 18 BOARD MEMBER DINIZIO: The road that serves these two lots must be improved to whatever 19 we say it would be. MS. FARRIS: It doesn't just serve these 20 two lots, it serves all the lots. BOARD SECY. KOWALSKI: It's only the 160 21 feet along Bittersweet that's involved. MR. VANDENBERG: I would only think that 22 would help the community in general. BOARD MEMBER DINIZIO: That's the only 23 thing you would be responsible for unless there's some district that these people form. That's the 24 only thing we can control. CHAIRWOMAN OLIVA: That's the only thing 25 we could control. BOARD MEMBER DINIZIO: If you don't have November 17, 2005 80 1 2 anybody to speak to down there, like an organization who's responsible for the roads, we 3 can't say, he's got to develop the whole -- CHAIRWOMAN OLIVA: No. 4 MR. VANDENBERG: I don't know if it's helpful, I guess I'm asking for direction whether 5 there should be an amendment to our application to address the access issue. 6 BOARD MEMBER GOEHRINGER: I think there should. 7 BOARD MEMBER DINIZIO: I'll go along with that. 8 MR. VANDENBERG: I'll leave that to the Board to tell us what to do, that certainly is 9 appropriate. MS. FARRIS: May I just ask a question? 10 I'd like to know that you're going to rule on the issue of variances; the Planning Board rules on 11 on an application for a merger of the lots; am I correct? 12 BOARD MEMBER DINIZIO: No. We're going to rule on the size of those lots, give some 13 standards. If we choose to or not to grant a variance from that 40, 000 square feet to whatever 14 it is now, we're going to say these are lots, even though they're substandard, if we choose to grant 15 that, we would allow that. MS. FARRIS: So the issue of the merger 16 becomes moot? BOARD MEMBER DINIZIO: Yes. 17 MS. FARRIS: So in effect you will be deciding the issue of the merger? 18 ASST. TOWN ATTY. CORCORAN: Different way of dealing with the same problem. It would 19 require two steps instead of one. It would also require Planning Board approval of the division. 20 But this would be a very important step in that decision. There's some of the same considerations 21 are relevant. It's a different legal standard but a lot of the same considerations are relevant. 22 MS. FARRIS: Does the public get an opportunity to speak to the Planning Board on 23 this? ASST. TOWN ATTY. CORCORAN: Yes. 24 MS. FARRIS: And would we be notified by the Town that this is coming up? 25 ASST. TOWN ATTY. CORCORAN: Yes. MS. FARRIS: How would the public find out November 17, 2005 <)(', c 81 1 2 about your decision on this? BOARD SECY. KOWALSKI: Call our office 3 probably in two weeks, they'll meet on December 1st; it's a public meeting, you're also welcome to 4 sit and listen if you like. MS. FARRIS: I just want to add for your 5 edification, I guess. I had a conversation with the executor of the estate and he was advised by 6 the real estate agent that he should try to sell them, promote it as two separate lots. So I think 7 you get a lot of stuff out there, and if people aren't sure, and I know Mr. Romeo, the gentleman 8 that died was told about doing this and changing the deed, but he didn't, and that's the way it is. 9 CHAIRWOMAN OLIVA: Thank you. BOARD SECY. KOWALSKI: Mr. VanDenBerg, you 10 were going to give a letter saying you would accept conditions from the Board regarding right 11 of way access, I assume, right? MR. VANDENBERG: Yes, absolutely. With 12 regard to Bittersweet or what? BOARD SECY. KOWALSKI: To accept the 13 Board's conditions? MR. VANDENBERG: Absolutely. 14 BOARD SECY. KOWALSKI: Or you would have no objection? 15 MR. VANDENBERG: No objection. CHAIRWOMAN OLIVA: Any other questions? 16 MS. MOORE: I actually represent Mr. Ryan, who is the property 1.3 acres, it's 7.4. Just to 17 give a little bit -- my client does not oppose this application, in fact, he as well as 18 Mr. Reddington and Mr. Gerasi who is here, all of us got tangled up in what became a family dispute. 19 The Romeo family and the estate and everybody in-fighting was the reason why it took so long. 20 Then each of these property owners that were in contract ended up all having to bring actions of 21 specific performance because the family couldn't get off the dime making a decision on the sale. 22 So everybody was faced with the same situation. And we've all been working cooperatively to try to 23 get through this process that has been one nightmare to another. 24 One thing I would ask, and it might be helpful for this Board to have, and we can get 25 from Stanley Isaacson, while this subdivision was approved in 1969 it was in fact being approved, November 17, 2005 81 82 1 2 kind of the way zoning gets approved now, which is, gee, we'd really move this along quickly if 3 you give us what zoning would like to have. So even in 169, they were developing this almost, if 4 not entirely as a one acre zoning yield, and it's very close in calculations because at the time 5 roads were included, everything from end to end the acreage is included. Our lot, Ryan's lot is 6 1.3 acres, Farris' property, which also came out of the same subdivision, 1.4 acres. The road that 7 is now commonly owned by Gerasi, Reddington and Ryan is 230 by 30, so there's a lot of acreage, 8 square footage. All in all you're going to find that the yield of this land is as close as you're 9 going to get to a one acre yield. I think it's so close that I think you would be well served to 10 those numbers from Stanley, who has been doing the mapping. We have been working very hard because 11 even in 169 it was pre having to go through Health Department processes. As you know, all of you 12 probably have seen or faced that subdivisions approved prior to 181, minor subdivisions did not 13 have to go to the Health Department. The Health Department retroactively in the 190s interpreted 14 that minors did have to go for Health Department approval. So we actually all got together, did 15 one map, filed a subdivision map with the Health Department with individual lots, ultimately just 16 recently because of this delay, again, we have all been very cooperative. We said, we'll let him go 17 with respect to the water connections because now through the process everybody is going to be 18 connected to public water. Some of these homes on Bittersweet have actually benefited from this 19 process from the subdivision because my client and they have paid for the extension of the water 20 line. The Farris property is also going to be benefiting from the connection to the water. And 21 we have actually voluntarily offered and nobody has said they won't consider to offer to give the 22 Farris family a right of way over our private, that private road, which is they have a right of 23 access, but there is no right of utilities. We have actually voluntarily given Mr. and Mrs. 24 Farris the right to extend that water line up that right of way. Again, everybody has been 25 very cooperative here, very well-meaning, and the fact that a subdivision gets jammed up because of November 17, 2005 82 83 1 2 family relationships and one misstep after another, I think that should be in your record. 3 Because again, I think if you're dealing with this as area variances, these properties far exceed in 4 size, and these properties are essentially one development scheme, far exceed in size the 5 surrounding neighborhood, which are all in the half acre to less than half acre in size. 6 We are supportive of Mr. Reddington. We have been all through this, and we hope you'll be 7 supportive of him. Thank you. CHAIRWOMAN OLIVA: Yes, sir. 8 MR. GERASI: My name is Steve Gerasi. I'm one of the property owners. I own lot 7.3, it's a 9 one acre parcel, so I don't have any issues with that. 10 When I first looked at the properties in 1998 or 1997, whatever it was, what brought me 11 there was the whole area. I mean, I had owned property in Cutchogue previously years ago that I 12 had intended to build on, but things didn't work out. I had to sell that piece of property. I 13 revisited the area and I found this, and it was just what I was looking for: Private gravel road, 14 a flat, rectangular, one acre piece of property, and I said this is perfect. When I went to the 15 real estate broker and they showed me the map, the map showed four parcels. The parcel that I chose, 16 the one adjacent and two across from it. I was perfectly comfortable with the fact that there 17 were two three-quarter acre parcels, and I still am to this day. Anything else would be somewhat 18 hypocritical. Yes, I can understand some of the opinions of the property owners that live there 19 now. Given a choice, I think of course they would rather only have one house than two, one house on 20 an acre and a half as opposed to two houses on three-quarter acre parcels. I don't have a 21 problem with that because at the time I looked at it that was the way it was represented then, 22 that's what they're asking for now, and I'm consistently sticking with that, that I don't have 23 a problem with there being two three-quarter acre parcels, and they're right across the gravel road 24 from my piece of property. Now, I have taken a very active role in 25 these past eight years in helping bring this situation along to the point where we actually own November 17, 2005 83 84 1 2 these pieces of property. I was the person that got involved in the Suffolk County Water Authority 3 and the Health Department to help bring the Water in, and the water main extension goes directly 4 past my piece of property, which is 7.3, it's the first piece of property on the south side of 5 Bittersweet into the minor subdivision. You've heard from everybody else here some 6 of the problems that we have experienced over the last eight years, all the hurdles that we had to 7 go over and some that we're still working on. As far as the road quality, as I said earlier, one of 8 the things that brought me there was the gravel road and the way it's very natural and bucolic; I 9 think that's the way I would prefer it stay. Now, on the north side of Bittersweet, there are three 10 houses there. How did those houses get there? They were built there. There was construction 11 equipment brought in, and they built those three houses and if you could bring in construction 12 equipment, I'm sure there's not a problem bringing in any fire equipment or any safety vehicles that 13 may have to come in there. Also too, my plan for my home takes into account that Bittersweet Lane 14 is not a road that you can park on. I am going to have a driveway apron that will allow cars to park 15 in there. There will be no cars parked on the road, and I'm actually going to have a driveway 16 that for lack of a better term, it's not going to be a circular driveway but a cut out onto my 17 property so you can be able to turn around and come back out. So no cars will ever be parked on 18 Bittersweet Lane because it's a narrow gravel road. It only makes sense. I can't imagine 19 anybody building on those other two lots a little bit further west of me doing anything other than 20 having parking in a driveway. All the houses on the north side of Bittersweet do the same 21 thing. I believe there's only one home, it's on the corner of Pine Tree and Bittersweet, the 22 Scoggins, use Bittersweet Lane and its apron, for lack of a better term, on the south side to park 23 cars on, and even that doesn't create a problem. Those are the points that I wanted to make 24 here this afternoon after listening to everybody else's perspective on the situation. Thank you 25 very much. CHAIRWOMAN OLIVA: Thank you. Any other November 17, 2005 84 85 1 2 questions? BOARD MEMBER GOEHRINGER: No. 3 CHAIRWOMAN OLIVA: If not, I'll make a motion to close the hearing and reserve decision 4 until later. (See minutes for resolution. ) 5 (Whereupon, a brief recess was taken.) -------------------------------------- ---------- 6 CHAIR OMAN OLIVA: Our next earing would be for Mr. an Mrs. Ingrilli for a accessory 7 building, side yards and also the se in the accessory buil 'ng. 8 MS. MOO Pat Moore, or Mr. and Mrs. Ingrilli. I hav Mr. Ingrilli ere today and I 9 have Mark Schwart who is th design professional, the rchitect. We were just talking 10 moments ago, the n tice of isapproval you should have is the amended one, M y 12, 2005. 11 BOARD MEMBE ORL 0: We have October 24th, even newer. 12 MS. MOORE: d n't think I have that. BOARD SECY. 0 SKI: I think 13 Mr. Schwartz may have btained it. MS. MOORE: T e only variance that I'm 14 aware of is for the rage. CHAIRWOMAN O I A: No. Then for the 15 workshop of the gar ge MS. MOORE: Ye The Building Department 16 said because you w nt o put the space above the garage slots, the works op, they call it a 17 dwelling just in ase; hen it's up to us to prove to you that, no, we are not doing the dwelling. 18 CHAIRWO OLIV : No, right in here a workshop is not a permi ted use in an accessory 19 building. MS. MOORE- I do It have that one. 20 BOARD MEMBER SIM N: Second paragraph from the bottom, at's the M y 12th one. 21 BO SECY. KOW SKI: And I think the addition to the house was taken out of it. You 22 have permi s for the addi ions. MS MOORE: The h use is actually under 23 construction. ts IRWOMAN OLIVA: We know that. 24 MOORE: Maybe e need to describe better wit is. We call it a hobby shop 25 because his own person 1 space, and we can get right into it if you wan . 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'� - NDIE ��Ar•• �rv•�'.F�f-_ } ,�r, ��' �r;.. - r i / f�`l� .�y - Op �, �• \ . I. ELEVATIONS ARE REFERENCED TO.ASSUapEO DATUM EIMXG�' •'f �'}^ar r i rr^'v .`' r 's,- i W i'4 - 't.,"; "C• ' '� n _ -ry , , 66 Z N q, � S ARE SHOWN-THS& 123 ELEVATIONS ARSHOWN rl2'Zll - . 3. MO+WUM SEPTIC TANK CAPACITIES FOR A I TO 4 }fOUSE 1$•4 1 7 -a' 4'- BFOROOM .000 OIdIANS, r, _:; t: �0 \, V1 •. S TANK,, LONG, 3'WIDER a'-I TO 4P A. MWIItIM LEAL3itbIG SYSTEl/'FOR A f TO 4^BEAROOk fL01JSE 13 d00�9 fl SiO�WAtI Af�J�. Nv \ 'L ' POOL,f 12' SEP. a' OSa: - , - V 1 ,c 1.t • •-• - �/� ,tea I PROPOSED EVAN"POOL !�trl� 't�.'4.k'",ri,y' Y'.`.4Y f ,.f,Y. �`Q� •,- �.1� - ��� ��� • 1... � \' .r I ..,M ^'�w , --v t r' f." _ _ S •Z �.p 9 O ®PROPOSER)'LEACHING POOL ^i-:- ., - " O. L _ �U`V - 9 ®PRDPOSED SEPLIC TANK wi- ':. ,.t?�• 4/r , ' po S.THE RDCATION OF Wf71S AND CESSPOOLS SHOWN HEREON A>� FR(N/-FtElD OBSERVATIONS AND/OR'RATA WTA9IED FROM OTHERS. ,f :Taw ; • POIF N Y IS COMPRISED OF P/0 LOTS 64 rI 55-AS SHOWN ON �J 9.NEAP'OF NA33AU FARY3 '* • ;`-;';4 y^ .S N' _ 3Q FILED IN OFFICE OF`THE CLERK OF SUFFOLK COUNTY ON MARCH 23. 1235 AS FILE No. 1179 7. LAT NU11eER5 SHOWN THUS: LOT O1 REFER,To i k >,•' - :," £ IAT—IM CHANGE ON SUBDIVISION PLAN FOR UM3]t1� DEI[MOLF yC` tti's =• APPROVED DECEWBER-1969. AMENDED-LAST ON MARCH 11. 1988 l5,:5•ry I! •µ'�-°:.�i�.j^- 9'� eft _;O^ _ ,. _ _ - � �+� ' cp - - - - - j �1Q�� : ,AFy' OF �y�� ARED,IN ACCORDANCE WLIH"TFi£L,tlpifBAL ;t:_.:i •'w, '4; •'T::'•r ,'}�'} :b. �' Q 32QOQ ck1' P/��,y peYV POS AND AP,PROVFD-AND.ADDPRD _ k� t ",• - - b 5� `` �'tl USE13Y1 THE NEW YORK'SG1E LAND �p O 2 TEST HOLE"DATA N � * O .r` '�: - r;` Y• - ,(TEST HOLI''DUG gj�`u�mwin i:Fncnclv[.•.ON APRIL 20.,f99B) r •algl Evam SMO/LOW-a. •�O �.+,$ QN1roe+LOW S w mi a O Q " � ��lg 0� =' E f\N,'s,3 S /0/ .FE N.Y.S. 137. No. 49668 qts Ii •,z 'tom' '0\%\Ci - :`: - rt-, - _ - .�' �fj1c�, 'i 8AC D�j�IS t TO THS SURVEY ummnmRrLED IS A VIWAipNoN OR AOF DDDION f .:+; t,. '`�`pU - .�•�, i, oAN EI" SECUM-7209 OF-THE NEW YORK,STALE - ' NDUGTON'LAW ' A ingegno F_';, " --, -s - - -_ -- - : `"n 4 �tt�Iit•- COPIES OF MS.SURVEY L!M NOT N3EARING JoS.e -` - - �, iwi-vw�it¢ W I THE LAND SURVEYOR'S-"(ED SM OR r - .m,E.l suo, E11-13E A SEAL SHALL-NOT BE'CONSIDERED Land Surveyo■ I TO'�A VAUD,TRUE COPY.• CF1TIiFlGT10f5 INDICATED SHALL FAN - " - r'.+t - _ ..,.. . • ONLYURVEY IS PREPARED.7E PERSONAND NN FUS.WHOM BE H THE TRLE COMPANY, Tif+e Surveys — Subdivisions —, Site Pans = Conshuction Jy' ' - - - _ - '• OOVERNTED HE AGENCY-AND Loyaut TO LENDING OF THE LEM IN5II}- <rq - ' ' a+•. TuTm. cEram-ATMUS ARE NOT 7PANSFERAeLE. PHONE (631)727-2090 Fax,(631)727-1127 THE DOSIENCE•OF RIGHT OFi WAYS OFFICES LOCATED AT "40M ADDREW ANY�OR AND EASEMENTS OF,RECORD. IF NOT SHOWN ARE NOT GUARANTEED. 1380 ROANOKE AVENUE P.O. Box 1931 RNMEAD, New York 11901 Riverhead, Nov York 11901-0965_ y 11111111 I I I II I I I I I I I I I=11111 I I I I I I I I I I I I I I I I I I I I I I I I I I� IIIIIII�IIIIIIIIIIIllillll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 05/12/2004 Number of Pages: 4 At: 03 :05 : 01 PM Receipt Number : 04-0055344 TRANSFER TAX NUMBER: 03-42293 LIBER: D00012318 PAGE: 682 MICHAEL D ROMEO MICHAEL REDDINGTON District: Section: Block: Lot: 1000 104 .00 02 . 00 007.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $117, 000. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 .00 NO Handling $5 .00 NO COE --$5.0-0 NO -NYS SRCHG -$15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $50 . 00 NO TP-584 $5 . 00 NO Cert.Copies $5. 00 NO —-- RPT----- --$5 0-.-0.0--- NO-- S CTM -------- $0-.0-0 NO— Transfer tax $468 .0-0 NO - - Fees Paid $620 .00 TRANSFER TAX NUMBER: 03-42293 THIS PAGE IS A PART OF THE INSTRUMENT THIS -IS NOT A BILL Edward P.Romaine County Clerk, Suffolk Couii yrs' 4 —-- - - - JUL 16 2004 FOSTER & V;;NUENBUl GH, LLP _. ATTC7NEYS FT LAVV } i RECORDED Number o171111=1 .._l_rX004 ti6y� ' Cis,;05.��1 Ft l ! ,roR_RENS Edu!iard F,Romaine _ I CLEM OF ! Serial It S���FFOLK COUNTY L f:D70 i 12?18 � Certificate It F 682 , C'sT#; 03-42291 Prior Ctf, It f Deed/ Mortgage Instrument /Mortgage Tax Stamp. Recording/riling Stamps FEES i 4 F1. rtgage Anit. Page/ Filing Fee ! B asic'raxx -- Ilandling TP-584 ! 2. Additional�'rax Sub Total Notation (County) � Sub Total - ��.-- �� SpecJAssil:•}':" ;;'� �, .x .. I•;.; EA-52 17 Or ! f' Spec,/Add. EA-5217 (State) � jI -- ,y�� ? j,� y TOT..MTG.TAX ILP.T.S.A. ' � Dual Town Dual County ! • Z s onuu, of Ed. 5 00 • ' Held for Apportionment C , z , 'Transfer Tax CC � ffidavit �{ �vNa µotae=$+ , �f Mansion Tax , CertiliedCo The property coveted by this nroilg, is or will'b'e iin�proved by a one or two fai�rilly Reg.Copy / == dwelling only.: Sub Total YLS _or NO Other If NO, see}appropriate lax clause on pa,,e�l /"�`��' r • GRAND TOTAL '• �'" - of this'instrument. 5 Real Properly Tax Service Agency Verification 6 Commlitiity I'ieserVatiohT1.111d nisi. Section B lock Lot Consideration Amount $ 04019699 1000 10400 0200 007001 cli 'Tax D«e � $ E Stamp 101; T 1000 10400 0200 007002 ' ! F' S t` est i.. . - -, Improved R CFE A Date i (12-MAY 0 ;, - ; Vacant Land Initials ! ! Tonsatisfacti /Discharges/Releases List Property Owners`Mailing Address ' TD RECORD &RETURN TO: Foster & Vandenburgh,LLP TD 4 Montauk,Hsghway ='• Westhampton, New York 11977 s !' Title Comp;auy 11iformation Cor Naine lJ� G O� S c7 , Title;# 9 Suffolk Count Recording &f Endorsement Pae I 111is page forms part of the attached Executor's Deed made by: (SPECIFY'CYPE OF 1NS"ITUMLNT) I Richard Romeo as Executor of..the•. ' Eatate of Michael D. Romeo111e premises herein is situated in F' SUFFOLK COUNTY,NEW YORK. 'I'O 'In the Township of s�uthold Michael Reddington and Helen Reddington III tIlieVILLAGE i or HAMLET of Cutchogue � F C 4, 13l IXLS 5T1 1 IRU9 MUST 13L TYPED OR PRINTED�IN BLACK INK ONLY PRIOR11'O RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property irectl taxes, future will noow need to contact our local Town Tax Receiver so that you ma be billed bills. Local property taxes are'payable twice a year: on or before ry .1011 and on or before May 31``. Failure to make payments in a timely fashion couldresult in a Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 117.77 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 9` 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk dw 2/99 12-0104•• 11/99C NY 025-Executor's Deed—Indr Corporation(Single Sheet)(NYBTU 8005) i CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—'THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONL THIS INDENTURE,made the YL day of ,April , in the year 2004 Q BETWEEN RICHARD ROMEO,as Executor for the Estate of Michael D. Romeo, Iresiding at 817 Jennings Road, Southold, New York11971 I�I as executor (X-Xtt� )of the hEstate &ftzMichael D.RQmWe last will and testament of,� Suffolk County, Michael D. Romeo late of i deceased,' party of the first part, and MICHAEL REDDINGTON AND HELEN REMINGTON, both residing at 417 Ryder Road, Manhassett, New York 11030 { i i i party of the second part, WITNESSETH,that the'partyrvof the first•part,by virtue of the power and authority given in and by said last will and testament, and in'consideration of One Hundred Seventeen Thousand ($117,000.00)------ dolla'rs,i paid by the party of the second part, does hereby grant and release unto'the party of the second part;the heirs'or successors and as`sign's of the party ofthe`second'part forever, v ALL that certain plot,piece or parcel,of.'lal d,with the buildings and iftiprovemen61` ereoh erected,situate,lying andl inginthe Town of Southold, at Southold, County of Suffolk and' State of New York bei known and designated as lots 1 and 2 and a 1/3 interest in ;lot 6 as shown - r„ on a rtain map entitle, "Map of Nassau Farms" filed in the Office of the Clerk "J of the my of Suffolk on 3/28/1935 as map no. 1179. ' District ee Shedule A Attached Hereto and' Made''a Part Hereof " Section Block ` t � Lot(s) i a EINGt'AND-ItINTENDED TO BE, the same premises conveye to the party of thr first part, ichard -Romeo,• as executor of the' Last WIll and '`Testa t of Michael D. Romeo, (1485P95) , . Source of title 'being,-;by �deed' dated 1/4/74,• nd filed in' the Office of the Clerk 'of 'Suffolk COunty in Liber 7626 at Page 584 ma by Mabelle Dempewolf. (as lots T.1 & 7.2= & 1/3 interest in the right -.of, way) jo TOGETHER with all right, title and interest, if any; of thefparty of the'first part in aind,to'any streets and 'roads abutting the above described premises to the center lines thereof, TOGETHER with the'appurtenances,and also fall` the estate which the said decedent had at the time 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 dispose of,whether individually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. R AND the party of the first part covenants that the party of the first part has'not done or suffered anything whereby ,ha ' said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. 1 The word "party" shall be construed as if it read "parties"whenever the sense of this'indenture so requires. IN WITNESS'WHEREOF,the party of the first part has duly executed this deed the day and year first above written! i INP SENCE OF::,, Y - t , ?`9 14, r iy III 'Ri''harrd''Rome o;i 'a"sT Executor for t'he Estate �f Mi&hael D. Romeo State of New York,County of Su f f o lk }ss.: State of New York,County of }ss. On the l 3 y ofr! � in the year 2004 on the day of in the year before me,the undersipersonally appeared Richard Romeo - before me,the undersigned,personally appeared as Executor for the Estate of Michael D. Romeo personally known,to me or proved to;me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the individual(s)whose names)is(are)subscribed to the within instrument and acknowledged to me that helshe/they executed the within instrument and acknowledged to me that helshe/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on same in his/her/their capacity(ies),and that by his/her/their signature(s)on th nt,the individual(s),or the person Ta; f of which the the instrument,the individual(s),or the person upon behalf of which the dividual ) ted,executed the instnunept individual(s)acted,executed the instrument. Notary Publ%.s� �111�/l it • °` �;a�$�r�fiilsi'7`�t►Ilt Nett'€gid; �1J�laE���Ci 1f f b € Asa y :ii''d4 iri,�,,�y�vSib C-00 1y ;��'ac�►lsdiu,a E A4�its fl4ctr;►�,t 9, AclavOWLEDGMENTFORMFOR USE y�vNEWYORKSTATE0AEP AQ�iOIfCI t11FYfFoRMF1DR UsEOvIsmENErvYoxrtSrA�Orttt: (New York Subscribing Witness Acknowledgment Certificate) (Out of State or Foreign General Acknowledgment Certificate) State of New York,County of }ss.: , . . . . . . . . . . . . . . } ss.: (Complete Venue with State,Country,Province or Municipality) On the day of ;,' in the year before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing Instrument,with whom I am 7 personally acquainted,who,being by''me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory say that he/she/they reside(s)in evidence to be the individual(s)whose names)is(are)subscribed to the within instrument and acknowledged to me that he/she/they (f the place of residence is in a city,include the street and street number,if executed the same in his/her/their capacity(ies),that by his/her/their any,thereon; that he/she/they know(s) signatures)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and to be the individual described in and,who executed the foregoing that such individual made such appearance before the undersigned instrument; that said subscribing witness was present and saw said in the execute the same; and that said witndss at the same time subscribed (Insert the city or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). EXECUTORS DEED INDIVIDUAL OR CORPORATION TITLENO. DISTRICT 1000 1000 SECTION 104 104 Richard Romeo„as Executor for the BLOCK 2 2 Estate of Michael D. Romeo LOT 07.001, .0-7.002 & 1/3 interest 7.6 TO COUNTY OR TOWN Southold Michael Reddingt.on Helen Reddingtor, RECORDED ATREQUESTOF Fidelity National Title Insurance Company of New York RETURNBYMAIL TO Foster & Vandenburgh,LLP FIDELITY NATIONAL T'ITLEtr�NSURANCE 4 Montauk Highway COMPANY OF NEW'YORK Westhampton, New York 11977 INco"oRATED 1928, 'c�� 'Fidelity��, i' Member New York State Land Time Association 4 U LL LL O O Z O O U M tr LL 0 W N cc O LU U Q a ' 't0 N �',i Cr i r AQUEBOGUE ABSTRACT CORP. SCHEDULE A TITLE NO: 632-S-7861 AMENDED 4/12/04 All that certain plot piece or parcel of land, situate, lying and being in the Town of SOUTHOLD, at SOUTHOLD, County of Suffolk and State of New York being known and designated as lots 1 and 2 and a 1/3 interest in lot 6 as shown on a preliminary plan for Mabelle Dempewolf, and also known as part of lots - , 54 and ' 55 ori a certain map entitled, "MAP OF NASSAU FARMS" filed in the Office of the Clerk of the County of Suffolk on 3/28/1935 as map no. 1179, said lots 1 and 2 when taken together are bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Horton Road and the southerly side of Bittersweet Lane; THENCE from said point of beginning along the southerly side of Bittersweet Lane in an easterly direction, 320 feet more or less to the westerly side of a right of Way; THENCE along the westerly side of a right of way in a southerly direction 200 feet to a point; THENCE in z westerly-direction at right angles to Horton Road and parallel to Bittersweet Lane, 320 feet more or less to the easterly side of Horton Road; THENCE along the easterly side of Horton Road in a:northerly direction 200 feet more or less to the point or place of BEGINNING. 6 'air• -;s,es%'t i= 't"a .%tn,yr.� ,, ,_A _, .. :,,r7r,'�.`;u- .�. .i�..'i s;.s=°i � _�R> v�-y .s -lx'�SM 'LeaiC•.'. _'eF'`A4iN:��l�3-- 'x5``,"a`'�"4iE^ '-4`-•rte _ 4. (4) South middle. Road; runnj=g thence thefollowing tvio'cou=res''`"a]:oag':tt%�e=sa�.�; northerly,Line of Middle Road: (1) South 55- 01' lo" Surest 257.37 'feet;' (2) South 5r° Ola So- West 79. 54 feet to the point or place of BEGINNING. ` The Board discussed this proposed Change of zone at some length. on notion by Mr® Mcisa+ seconded by Mr. Wickham+ it was RESOLVED that the Southold Town planning Board does not recommen to -lie Southold Town Board the change of zone from "1k" Residential an Agricultural District to "B�2" Business District on the above describ property. This change of zone is contrary to the planning Board's policy. It does not coincide with the comprehensive plan of the area. It is against thea Countyja rseommendation of limiting business on CR 27. The Change of zone from "A" to "M" on property J=ated across the street, made by the Town Board, was not reccinmended by the Planning Board. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynort Coyle, The Planning Board was presented with final maps for the proposed xai.nor subdivision of Mabelle Dempenwolfr located at Hoxton Road & Bittersweet Lanes Nassau Fa=sr Cutchogue`, N.Y; on motion by 1=. Moisa, seconded by Mr. 1Raynore it was RESOLVED that the Southold Town planning Board grant final approval to the minor subdivision of Mabelle DemPenwolf,, located at Hoxton Road & Bittersweet Lanes Nassau Farms, Cutchogues N.Y, VotE of the Board: Ayes:- Messrs: tivickham, Moisas Raynor, Coyle, The planning Board reviewed again the original petition of Case Bxas.; Cuttchogues New Yoxk, received from the Town Board+ relative to change of zone from "A" Residential and Agricultural District tc "B-2" Business District on certain real property, together with the instructions to prepare an official report defining the conditions contained therein. at Cutchogue; .in -the Town of southole -TkiQ property- Zs County of of suffolk and State of New York, and more particulsrlX bounc and described as folla�rs: - - - - +ri,', s,.s k J i"r:i_r--" ...-re =- ;art - - {.:wr. '`'"�'�`�'- ��'��, :o �_ e . '-'-�'•.�'_ .Y. - - e-,;?, ;TYEnr- tic,, °kiif's,.`,°- _ _-tp. Yttr; _- _ .-a,w"<t'�'- - '�•.�'=� ',l,. -,r�'`eru. ee:,z..}e.7k�' -..�r1 - ,ry f•.:<':w - �,;�-sa-+E„ ,r,.}�,,'�.x,. '�� .n; _- - y'�- -.-'�,�'✓r`�+ I.)uib�V.r .'GevY++H"'�` ':?: -'��'� ,r-as.. �� m - .t - �tLi"1`L3. - �J'='`Pt �u. '`�2 .`L"`;�4."-��" E.c C:��'_ �c�:1'�is=a.•:'_.s.i'f�`:NY7x;, ��;c a,r�rr-�5;'t:."-x� ="v.>ta�3;'.,-,c.<. .-itf;F�;+�r.�r, .� �"s,.�� .,r �`4r'k,' 's.5}::eg..uf,=„_- v .J: '-:a=• .ems �="r -�1; ,+., ,,,zi's.t-•;ss ,_-i:., =�:,e<,- F,s ..,h;;...:= �z•F.. -F._t $'4` <,....,-_,a STATE OF NEW YORK - .„”r_�*,,,rp,•aaiy,:=i`;Rxii`t'�',.d,{-iM t'^J. a�;%�`yn „r• `t3E3i,;.;k�;f ��i��ii�n�rf.°A7�'T�f=<r,,�;�r<Y ` COUNTY OF SUFFOLK: ss: I,WILLIAM D. MOORE, an attorney duly admitted to practice before the courts of the State of New York do hereby affirm the following under penalty of perjury and, do hereby certify that I have compared the annexed copy of MINUTES OF THE SOUTHOLD TOWN PLANNING BOARD DATED 12/8/69 and that it is a just and true copy of the original document and of the whole thereof held in the records of the Southold Town Planning Board. In testimony whereof, I have hereunto set my hand May 7, 2003 Wilham D.Moore Y:i is ,� . . _ { , (�--- -,�-• Ni I W A , fir. 1 C�-t•c440GU� , Vali TUt! d Sot, t4.Y. � ��• .110 i '. ' ! � '^••I' � -�; r,'t`'� ��� 5 VJ 19 1;�:�.r._..__._. • n J ! � r—•- -`its '' , 16 Q 30 4 ( Ltd. �3 o N • � N: • �C3 � • .1+1 60 -77 �ZO •�'• ;i fit' 1' :t "• •.1 t .� t ' • ''moi. j• ' I, '. '�.1 i. � t t ��I } .. .. .,__h�}'•'yC �+ti -_ 0.:_ _ .I - �-l•,�.jt5 . ' :.,`t..;"'`'t,`,;,T.^.t,i''•+i�.'? f.:t"+,r•.'n.i•ft'ypiU'.�)"�� • � ' ..;C� ^;,Y, :•:' aI �.' t '"`'.�:',':'•� rlwdl•'idYitM`rC1}YU�tOf1.t�t�'1�YAIM 1`}15�i 4•p r •�•• Sunllud N,Y' _m,•no7--+.nN•, I .••tlrtP'n anJ Sd.Iked.•'ub C.o.wusU Mt�wt'G ...L. ';7�f CONSULT TOOS taWrSR alIM1S SIaHINO THIS, STtUMZNT•Tit!1"Mumgwr SHOULD 88 USED 31Y Latrr{ttas I _ •_ , ,' �••, '...'irk=' %�1I:;,j.:,.;'`. ?I� "a,'k?,�?� THIS iP(DENTURE,made the 4th day o(, ,,:anuary :' :nine?eenfissndredaad;Seveiitya 1 ri': ,Yarn"' 4d,, ,r• r.} 3 , •,�" BETWFXN E DEMPEWOLF, BOX 47-0 2400`'P'INE TREE;ROAD'ya^:.' l WIBELL OF CUTCHOGUE, N. Y. tl party of the first part,and .i MICHAEL 0. ROMEO, =JR MAIN ROAD ' ,- 4 =`c;`":�•,i_,A(v,x„^`4;„��R,,�is- ;�. OF'NASSAU FARMS f' Cutchogue, N. Y. ;t;a .. I _. ' i•,ri 1 •a.?I'i.,n.;;,�. .. t„'ei ,ft;r;.'.; ���1''�I•.'3,l'ye , ii party of the second part, natural .love land••iffeetion .forx• ,•r�� tion ofxkwstaiWS�iiyltOtltMl� Ei Wj rnE53ET1t.that the party of the first part,in considers !may of the seeaad„P'" the heirs`;F;t��; if I party of the second part,does her grant and relrax,unto the N s s and assigns f the second •forever, ':,-° 'z;,;;*., -.�`y+rt •r +` or successor of the party o I�rt 41..',te; 'r•„ ;°{ 1>"t-"�`� ��'"'t I! �{At'llaLltK ��K��aD1)O(7fid11 '' _ ,,.; '_, •fi•.,;q'ba„:t,,,WF.•• - ^i�i or parcel of land';, r,,t6, th`e-bulAdIngs,end;'lmprove±ttent5 h "n;�;, f!%�tr�t ALL that tra t iOeca•�ic of.'Stiu liolif' uffallGY?�'irl,� Situate, lying n and bei ng-nea 'i n,,;the' own,c C i •� x-BEGI1i7N�$J erCeted,NerrtYork, —ire part County, t ”' t u�E,tJ asterl '11ne,."of,'HortoriaRood'with-'the;•=sodtherly n r t } at the intersection of,the'.E Y'-t z i' t'"pit if{fol as',shown on;"Mapof.:Nassiu?Paries situate, econ7,cS' of Bittersweet-,Lane erid d:;in`Siiffofk•:Cou#ttj+,:'Glerkrsti0f_fiee: „ fi'.1a c Co., r�.Y. dated Jan.'31,;.1935, ,}. nce�ilon ttie otyiliiifi�'�;•t:T iel,af� ;*mit t March 28, 935 r'urini, g .a.r T , in Fi le�.number,"'1179��, %' the,riortFieastei+lji` o6r�iitti='%'' Z� E4`;533 i 36,'f eeti;to` v sald.01ttersweet Lane, N: - "af'L` "Ntiteb'trs;55 54;53i52i���`''" " thence along -easterl '1inii ots% �! ' of Lot number 55• the 1+;'. ;n ' = if 5 0.08 feet ,to':'taridv_nevi''•or`„former•,i,y;:tif..`TFieodoreriA`:' e9 t j and 50,' a distance 3 of-TheodorW�A'"LIT'egand-on.s�Al t�ne Pawal'f`tr1hi Y thence along said land now or''formerl`y to:;e¢'p'o��rty� ]y from Sterling:Road;-S-.aK.46',:N:i 566 i6'•, ret,; of to and 150 feet norther feet_northta'�ly ilong Ralidl'ine';_f.?otathe', ayf' on the easterly 1 ine rof,Horton,Roed;'S9�23.< 9 i t'' , Y;, r`toit4�: ,•�,` ber 2• thehce,�lon"'^"the;easterl ' 11ne?rgf.;lto ar southwesterly corner of;Lot Nilm 5 .5 r "lotg :!1+t4' 40 -to':the`point.bf tieglnnin ng`el;l,ofw4 w y,.,� µ A Lane, N. 23. 50",.N.; 3 •77-feet g:z; 8ei 'S 's rte=ha'tf�:df_-lof_�51•rend�i�'sma11"LLPait,,;o��:y; 4 55, 54 and 53;'neerIy'al l of 'lots 2,r: bout-o r<„x.'¢.^'•;•,{�k�' i' S0 as showry;,on 3ai d reap• ";,;rs n' ant, D�:<:�'�,"•. lot d,and='®i.ftersrsaet•.L` TOGETHEP:°«i th t the ie•`of'Horton'Roa .,•��e ;.-.Tt, he'ri 'rt to u ,t - -,ts ::- •.;;r. s set forth on said map. ~,i''.:r"•Yi`.7,:';t.'I'_",E= _., av7,rEi�,y..�;i ii�'•,s�.3�r _ relilri sea:,.conveyed 1`by',tdjii: `Romeo,;.,�,4;a Being and intended to be,the same, b Deed.dtjted:June:,9`:,191+9 •and.•ret orded:i n the'.Suffolk, Ftta's" belle Dempeaolf, y z'•<<:?r'= ''.i. to Me 195r, i n 'Liber}3063 at,Ph9eY'378�"' r Courtcy Clerks O P ,.. ,. ,�: -',:• y,„ '',:,t.. '•�, y :� ''�le�s•f.'i , T1 tin,, ill tt "`''" F+;�„ :`17u�"i'•y,t•,•-M-2"x; t:;: ,. ',>;';• �' :? 7'at5"tfi"fit"'?Rd j. 2^4`;, �:{t,.�.i�. ,"1 v ;I,y.i]Yi>ti•V -N!,41 Al y% ,i!,.'•iFiiT.YY, .,it',,4,7}�ta;.yi�,°� I'UGE T i?ER with all right,title and interest,if any,_of the.party,of the`fr�st,ppaart in,and to atty;atteets;and�`�' roads at the above described prernises to the center-lines thereof;TOGETHER, Ok H e a nrteaalsoemys*�, ' and sell the estate and rights of the party of the of ithe second rt,'h art in and to e helt'rs,osr successors' t ,asst is 1 � A 11 BOLD the premises herein granted unto,the,party s lu 4.�fu y, 'µr,,<pV,J;;k`.7r,.�''% tet tht rty of the second part forever. _ _ -'''`':?r$=�i;• ;r r•;1,.`'r',r 6`=',,a�ti;�at+ .. ,{r'i,l±.�• ,!•`i ±s'i`4.`dt4 "',,t,nif �t;{%Yr4- � •!•1k•}p AND the party of the first p+rt covenants that the:party of,the first ,part haa•nrs dnne'oi';au4fered`atijhiej;�T 7 { whereby the said premises have beef.,encumbered in any way,whatever,except as aforesaid L:,;;"':[i7�,'`'t.'j 4i)f•pt' f'f Jl, 5 %C Ij AND the party of the first part,in eorrpliatice with`Section:l3;of Ehe Lien;I:aw,"eovenanti dwt the patty-o%` {:?' the first part will receive the consideration for this Conveyance and'will•hold the right to receive.sucit'eon ;-111{,11 f cratterl as a trust fund to be applied first for the purpose of paying'the cost of the improvement and;will the-,ante first to the paymerl of the cost of the improvement before using any part of the total of thi;eaair or'1• Yj any ether purpose. • Ixirtf:3'set i Thr word "party" shall be construed as if it read"'parties"whenever,the sense of this indenture su',r!eq^:`fhr ryy+Ktyi, IN WITNE55 WHEREOF,—the`party of-tlie first'part-has-duly-executed-thio deed the diy and year- IN ear{trstabove fir' r' +_,: . 31 written. ��i;!L_.{rFsLt ,yt; ! i 1Y Ptlt:S G � �'._ - `""!,,`•`''r'�}-f•„'•r�i}� STATE OF; JI' r.s"A1 ESTATE �Ji�l, ,�� a' W. ^' :M1114EW W 't a R It _ I itMiV]rt:h '1 IL 71 ,,. eo fent •? `at? t;, f I A f5 n * MABELLE,"DEMPENOLF, i . .I ._�Ifi S•:C 'Y .. U J .'It _ - . „ :, ' -••'%'\.'•iii t p,f,j/„ .-.. I flRhiL? Ps legis,': _ - .Yr *�. ti.•. :,k,,. t:'(ir `• ,.-r,%.i'(,ti..n > „ r ` sFL•n - •,', = •i r.�:i r.p1`Ai _,jf4ii`�a.�e1 ,< ,c{�V �e�{ t"Y - .. .'; ''�-.i,�!'i.. .,•Y ,:.6+?'°'.:�r t•`tn�-.. 'l'+K,r ` jt�t4!(A1a7s• _ 't _ ,,,, .,.y �}....h'` rf,t' _;lrJ�Lm•,;,.-'+,•...5i T=' t • z STATY 07 NEW YOM CO Of 5Ut'cuLK' -- ssr 3T�TE erz,oantaTvO t:OukTT: as:. On the t% d+v h aiaq l9 74,before me On•the'I` ..''; :,;,`.;:;.,,,19-;„==,^before me 4 7' rsonally came• _' : ii'i”; rson.lh came ;',^,,. ;i '.p`:1;,,;.:`..'t•_r �••:a"jt;•i c MABELLE DEHPEVOLFx .";;',.r',,, r.,• ,,,+,;• ,•r' int . to un kn,wtn to tx the individual described in and who -to'me'known the be' the individual`p I deseribtd?ieaand tJ44. 1� executer] the forcgomg infarumcnt, and acknnwledge6 that executed the.foregoing instrument, and`.aeknowled e;'Sf � ,�tl SHE exnvted the same.- executed tirc same. ;3ry, r g .e ;fy :t,11' ♦tt .;n, '- " -'' `,�'1,;�,_-, tiil:t�,,�• '�•�.J�Si. r"�;3. I. . .t- ., ,1`,• !{'fir:"'��:j'i S'�:'-'s';'+a.l.;Ji Notary P i - - " "„?;.A�,:;,k.� ,�„_1. tl�;•rle�� t 4. �''�.��'.1+l,if,i-..,"",•r.! Tri,�y,itt-,�°;'',�drt'�,�,t'AAj ' - ;�r :'�"',4,!,r`; r,:, 5g.7t}:-h..:'.}d'!'lfr'!h•:•'1 'rir'ZrlS•,��.•' ii'��1,!:r.;�t�r,.it� n�,y.S;%�iY,itr aiS r��t.i�:•}}yy ' S •, 'Wt -" GOUlfiT -33t` STAT[ Wt'k[1M'vii4,'e6vi l"OFiy,Y-�':;'..,.,;,.'ru "'rs.. :f.>;�y'.ii ,t•,a STATE OR N[tM TO[It. OR ' • - '_ .}�C�..:j91•se ''before-me•,*:s•Y. da} of 19 btfore Tex• On the of ,;.'•): ,;-• ;;:,i';'•'„ ,”„>t”,==pro Oil the personally came day ''`'''" (r+�'iw,'S;,}L';;.';^;!a':"_:•wi,..:irt la'';.i;�atr 1K•r.otully catuc to n.c k ',An.who,being by me duly sworn,did depose and the-subscribing;witness,'to`'ihe;:fo wf;� �tattviti atte`dulh` �; No. .whom;T'am:per sonalty,t+cgitainttd,' Y^ fir„ Yn say th t he re-Ides at tha6r ;he,rtsides'at?No;( w';,,'Mr Worn,did dense and say ^,; i that he is the 'that „r', ;;:,..;:<<<:,,;? ,'• ' / to a eQ MSA I of .••��;',. .,`.,, the corporation described :} "r <.,� ;1,5';r'4•:5„mi: tri'be;thG^tndtvrHiiAl Ile#" in and which executed the foregoing instrument: that ht, •, knows the cal of said corporation; that,the•stal'affixed : 'des!cribed`in arid;;KFioaexecitted_the,foiegotng;in3irtirirerlti,y ' i � -. - to said instrument ra such rorporate seal;tthat it was'so That he;Maid'subscribingriwitrieas;'?was;phi�watft!!Y`Mk •,F', ,",�,'-., rxecute,the-same.;Iand i affixed by order of the board of director, of-.said corpora- } = evilness theCelO,' y r t;.. t at,th'e samr`.`rim subscribed,,h s":harm as:;. x h" and that he signed h name!hereto by like order, �" rt>' r i r-a. n_,;;z'-N! = ' tion.a _ +I.' `:r,4;� �• .,ear ;; ... .7et; "g'. -- '-"� _ =;t,;i`;.4-rL•-Nt`,t,?:r1_r,Lf'�,t� .)�°,;�'r�'," 5 - • ` , .s r ��'}'',� � �),'•.iiirAi. 'S}.r. ,�„1 Lj 1' f• } ., . `_. ' „, _ .,za.:- 'y"rr. ^{"��+„':a�:,�''i,. P'�.,o' �,pi•r�,li~,;,.' �r ,� •' FA AM;i'��l(UY I'4 l.1' { - (,`^" t, .,. ..•'..,i`r1:�P„•;;1",�'w br'if'��',t�•�fr•j'�Tr...�'���`S �t' t '��K iJ�S� _ ,. F'�+,i7�.� `;i': ” r •v fYr••1 iykl�,'f:7 rty3tT4 ' GllaY CaL�4+ _ L1�, `,e, r„".,.,, i' �'`n':+';:r-l'',�•.r,.,-<;.{, .,4•v:""•wt O ....,' �,p,., '•��j:w�}! _ ? NhTu CONIFNAn-r Ac.wt sT G S6CTt t_', a k RM'rrrR'S Acts p t: '..0 -.�•.. -t_;�$'•'","•�;;�ea'n' '.yu:"` '."`'n?�;:.t:,i ial 4y.r....,�vw14'.i �',J f I`Y-" • i" Y, 'r,'+r1,I R J lY'f:i�y}{k 1.t ���wn.T.S,•�,.�`,!'"t,,r'., } ).p.eo-^�}:`.r.e ("ir-'] sr 1}''�T! t TITLL No. '.�,, ! - — �_ _ tt•- - t;d..;�, ,y., �=:;4""}f+"-,r;r„b,r:r•'f,'r�>�:,�;r.�y,'K 'k�l HABELLE DEHPiSWOLF1 toT, ,'i» ;' • ;- �i� r '.°-:-'- ';t•.),•.'.i`;7r.,�:;;3;tr,'.?',:1Y/,u�i: a,, .�r.r4 +,✓ E.` a5 ., , • __ '"::,'ilrs'.;,_C•OUNt;Y.OR_TOWN,_'.`.; =#_ `, ;'.a:�.l'n' ^,•�i�l ..:iar^�} ;... ry^ •;',t ^rl.y,:..- _�, m” ,J#R. �N,�`�•"t�'•,..= '.r 'ae't�equest; L`..s".•t••,u•'„'� F;. Aeco*ded drr .a.,oit.s�a s,. i s MICHAEL D. ROMEO„ ” iK!uRANCEsbtiwrXxt '��14. i : AQUEBOGUE ABSTRACT CORP. 123 MAPLE AVENUE RIVERHEAD,NY 11901 VARIANCE SEARCH TITLE NO: AAC-5452 STATE OF NEW YORK . SS: COUNTY OF SUFFOLK ELYSE G.WOHLARS,being duly sworn deposes and says: That she resides at 123 Maple Avenue,Riverhead,New York, 11901 and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That under her direction, title was examined to the parcels of land described on the annexed Schedule and labeled Parcels: A,B,C,DAND E THAT said examination, dated 10/10/04 discloses a chain of title to determined if any contiguous property was owned by an owner of property involved since the date of-any previously applicable Zoning Ordinance as of 4/23/57. And that this affidavit is made to assist the Board of Zoning Appeals to the Town of SOUTHOLD to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon truth thereof. AQ GUE ABSTRACT CORP. BY: E WOHLARS OFFICE MANAGER ---------Sworn-n-to-before me his 12TH DAY OF JANUARY,2005 Kenneth B.Zahler Notary Public, State of New York ; SUFFOLK COUNTY•No. OIZA4517618 Term expires February 28, 2007 DESCRIPTIONS TITLE NO:AAC-5452 PARCEL A(SUBJECT PREMISES) ALL that certain plot,piece or parcel of land,situate,lying and being in the Town of SOUTHOLD, County of Suffolk and State of New York and being known as p/o lots 54 and 55 on map 1179. County Tax Map Rolls as District: 1000 Section:'104.00 Block: 02.00 Lot: 007.001 PARCEL B(ADJACENT ON THE NORTH) BITTERSWEET LANE PARCEL C(ADJACENT ON THE EAST) County Tax Map Rolls as District: 1000 Section: 104.00 Block: 02.00 Lot: 007.002', PARCEL D (ADJACENT ON THE WEST) HORTON ROAD PARCEL E(ADJACENT ON THE SOUTH) County Tax Map Rolls as District: - 1000 Section: 104.00 Block: 02.00 Lot: 007.005 State of New York) SS: County of Suffolk) AQUEBOGUE ABSTRACT CORP. Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 Maple Avenue,Riverhead,New York and is over the age of 21 years and.that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search under the-a ed title no. ELYSE W OFFICE A R SWORN TO BEFORE ME THIS 12 T' DAY OF JANUARY,2005 - Kenueth B.Zahler -- Notary Public, State of New York SUFFOLK COUNTY No. OlZA4517618 Term expires February 28, 2007 l , CHAIN OF TITLE AS TO PARCEL A(SUBJECT PREMISES) DEED EDYTHE C.ROMEO LIBER: 3063 CP 378 TO DATED: 6/9/49 MABELLE DEMPEWOLF REC: 4/11/50 DEED MABELLE DEMPEWOLF LIBER: 7626 CP 584 TO DATED: 1/4/74 MICHAEL D.ROMEO,JR. REC: 4/26/74 DEED MICHAEL ROMEO LIBER: 10583 CP 366 TO DATED: 4/11/88 JOAN BACON FERRIS &WILLIAM FERRIS,IH REC: 4/15/88 DEED JOAN BACON FERRIS&WILLIAM FERRIS III LIBER: 10885 CP 160 TO DATED: 6/19/89 MICHAEL ROMEO REC: 6/29/89 DEATH MICHAEL D.ROMEO DIED SUFFOLK COUNTY ON 5/26/95 LEAVING RICHARD ROMEO AS' EXECUTOR. DEED RICHARD ROMEO, EXEC, OF LWT OF MICHAEL D LIBER: 12318 CP 682 ROMEO DATED: 4/13/2004 TO REC: 5/12/2004 MICHAEL REDDINGTON&HELEN REDDINGTON LAST DEED OF RECORD ; State of New York) SS: County of Suffolk) AQUEBOGUE ABSTRACT CORP. Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 Maple Avenue,Riverhead,New York and is over the age of 21,years and that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises an joining premises as shown on the record in the variance search under the above caption •tle n . BY: SE WOHL OFFICE MANAGER SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY,2005 Kenneth B.Zahler Notary Public, State of New York SUFFOLK COUNTY No. OlZA4517618 Term expires February 28, 2007 CHAIN OF TITLE AS TO PARCEL B(ADJACENT NORTH) BITTERSWEET LANE - CHAIN OF TITLE AS TO PARCEL C(ADJACENT-EAST) DEED EDYTHE C.ROMEO LIBER:3063 CP 378 TO DATED: 6/9/49 MABELLE DEMPEWOLF REC:4/11/50 DEED MABELLE DEMPEWOLF LIBER: 7626 CP 584 TO DATED: 1/4/74 MICHAEL D.ROMEO,JR REC:4/26/74 DEED ' MICHAEL ROMEO LIBER: 10583 CP 366 TO DATED:4/11/88 JOAN BACON FERRIS&WILLIAM FERRIS,HI REC:4/15/88 DEED JOAN BACON FERRIS&WILLIAM FERRIS III LIBER: 10885 CP 160' TO DATED: 6/19/89 MICHAEL ROMEO REC: 6/29/89 DEATH MICHAEL D.ROMEO DIED SUFFOLK COUNTY ON 5/26%95 LEAVING RICHARD ROMEO AS EXECUTOR. DEED RICHARD ROMEO, EXEC,OF LWT OF MICHAEL D LIBER: 12318 CP 682 ROMEO DATED: 4/13/2004 TO REC: 5/12/2004 MICHAEL REDDINGTON&HELEN REDDINGTON LAST DEED OF RECORD State of New York) SS: County'pf Suffolk) AQUEBOGUE ABSTRACT CORP. Elyse Wohlars being duly sworn,deposes and says: That she resides at 123 Maple Avenue,Riverhead,New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search under the above ca' onedj EL?YSWO S OFFICE MANAGER SWORN TO BEFORRME THIS, 12TH DAY OF JANUARY,2005 Kenneth B.Zahler Notary'Public, State of New York SUFFOLK COUNTY No. O1ZA4517618- Term expires February 28,'2007 CHAIN OF TITLE AS TO PARCEL D (ADJACENT WEST) HORTON ROAD CHAIN OF TITLE AS TO PARCEL E(ADJACENT SOUTH) DEED EDYTHE C.ROMEO LIBER: 3063 CP 378 TO DATED: 6/9/49 MABELLE DEMPEWOLF REC: 4/11/50 DEED MABELLE DEMPEWOLF LIBER: 7626 CP 584 TO DATED: 1/4/74 MICHAEL D.ROMEO,JR. REC: 4/26/74 DEED MICHAEL ROMEO LIBER: 10583 CP 366 TO DATED: 4/11/88 JOAN BACON FERRIS &WILLIAM FERRIS,III REC: 4/15/88 LAST DEED OF RECORD State of New York) SS: County of Suffolk) AQUEBOGUE ABSTRACT CORP. Elyse Wohlars being duly sworn, deposes and says: That,she resides at 123 Maple Avenue,Riverhead,New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject,premise joining premises as shown on the record in the variance search under the above captioned title WO OFF R SWORN TO BEFORE ME THIS 1111 2 T DAY OF JANUARY 2005 Kenneth B.Zahler' Notary Public, State of New York SUFFOLK COUNTY No. O1ZA'4517618 Term expires February 28, 2007 'A0 r 106 • , � `oma "" �'.r�, "�.�0 o b \ els O N �, 1 9 cr, \ N Q <4 ss � 2? `J i 150 o f 0 `1' N 2A1 r ��O rO c 61 dp ,�$Z sr ate, 21e D 6 1: 0..� s O• r �g2 `�1 182 oar cr' 40 192 s`'r � f do Cf 1 °or r 'L°orJT�O 1� oo car // 26� dl `' �S mac, �7�- •c�,r 1g� X31&) 6 v ��l�• 15° 6 rr - ll' °`'t br l 26 sir �S�`' 1;2 g86 _ - S _o2r � 222 osl. 'udj a1r _ 2t2 53 _ /d ofJ a =5`Z s �j 1qoLpp• �01 i 1 P`^r.^ 2e° ood' osr 223 sQX51 0 01, ;AO CD 1AQ c QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? 'es ❑No B. Are there any proposals to change or alter land contours? ❑Yes );rNo C. 1)Are there any areas that contain wetland grasses? do 2)Are the wetland areas shown on the map submitted with this application? 4 LA 3)Is the property bulkheaded between the wetlands area and the upland building area? tq I(A 4)If your property contains wet ands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? { 9, Please confirm status of your inquiry or application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? Lj0 (Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have any construction taking place at this time concerning your premises? (� If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? _If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel VA,- `J L A and proposed use $20--uak (�� examp s: exist g: Ingle-f proposed: same with garage.) Z OF A thorized Signature and Date 2/05 TRANSACTIONAL DISCLOSUR""'JRM API ABLE TO OWNER, CONTRACT VET B AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. -;-- 6�zu� (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO If you answered "YES". complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title,or-position-of.that-person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted is f ,,,�. Signature: Print Name: �w - I 11-N PROJECT LD NUMBER SEAR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name 3. Project location: Municipality County 5bVTA" bz 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 5.Is proposed action: I (XNEW ( )EXPANSION ( )MODIFICATION I ALTERATION 6.Describe project briefly: 7.Amount of land affected: Initially: I �r acres; Ultimately: spy acres / 8.Will proposed action comply with existing or other existing land use restrictions:( YES ( )NO If No,describe briefly: 9.What Is present land use in vicinity of project:(describe): ( Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES ( NO If Yes,list agency(s)and permit/approvals: 11.Does any aspect of the action have a currently valid permit or approval? ( )YES ( )NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? (_ )_YES_ -.-(-W-NO _ ._If Yes,_Ilst agency(s)_and_permit/appr_ovals: I certify that the Information provided above is true to the best of my knowledge Applicant/Sponsor Name: Date: Signature: If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessm T'gown cif Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. tZ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ❑X Nature-and extent of action: Location of action: ID Vr ' rs Vj" - Site acreage: Present land use: Present zoning classification: `L4,® 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 6�li �b ;� i� s'�z�� � RJ5-R0Z'Aj'?tea Aj (b) Mailing address: "Zz - rxeAz (c) Telephone number: Area Code (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No R If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, 'p`reserves'open space;`niakes effl6en u"se'of'infrastructure;makes'liei eficial'i se of a coasta77ocation;"and' minimizes adverse effects of development. See LV*W Section III-Policies; Page 2 for evaluation criteria. F-]Yes ❑ No 'Not Applicable Attach additional sheets if necessary Pulicy1Z:Prote"rdTres-eYve-liistoric andarc it aeological resources of the To-w-n--of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes _ _ No - __ Not Applicable Attach jddititnal sheets if necessal, Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No �R Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No �R Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria r l ❑ }Yes ❑ No NrNo't Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. __._—❑_Yes_❑_No 5�--NotApplicable_--.—_ __._____� Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ NoX Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No]K Not Applicable PUBLIC COAST POLICIES Policy.9.. Pr,,ovide-for_,public, access.to,_and.recreational;,use.,of,,_,coastal waters, public lands,.and,:public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No RrNot Applicable Attach additional sheets if necessary WORKING COAST POLICIES ---Policy-10:Pr-otect Southold'-s-water--dependent uses-and-promote-siting-of-new water-dependent-uses-in--- suitable locations See LWRP-Section-III_Policies; Pages-47through-56 for evaluation-criteria. ❑Yes ❑ No NNot Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No WNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No RNot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section•III--Policies;-Pages,65�through;68.for•evaluation,cr-iteria.. _ . , •__ - w w •, , ❑Yes ❑ No Not Applicable Created on 512510511:20 AM RECEWE CONTRACT OF SALE SEP 2 8 2005 CONTRACT OF SALE made the ;0 day of 2005, between MICHAEL REDDINGTON & HELEN REDDINGTON, residing at 417 Ryder Road, Manhasset, NY 10030, hereinafter called "SELLER", who agrees to sell, and ANTHONY MASSIMO & EILEEN MASSIMO, residing at 3155 Eugenes Road, Cutchogue, NY 11935, hereinafter called "PURCHASER", who agrees to buy: The property, ' (the "PREMISES") more fully described on a separate page marked "Schedule A", and also known as: STREET ADDRESS: (240) Bittersweet Lane, Cutchogue, NY 11935 VACANT LAND, Lot 2 as designated upon the preliminary plan of Mabelle Dempewolf dated November 10, 1969 consisting of.75 acres as reflected in the survey which is annexed hereto & made a part hereof. TAX MAP DESIGNATION: SCTM #1000 — 104.00—02.00— 007.002 Together with SELLER'S interest ,if any, in streets & unpaid awards as set forth in-Paragraph 9. The PURCHASE PRICE is $ 375,000.00 payable as follows: On signing of this contract, by check subject to collection: ' $ 37TWOM $10,000-00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ -0- By a Purchase Money Note-and Mortgage from PURCHASER (or assigns) to SELLER: $ -0- BALANCE AT CLOSING: $ S-N-SS -ae $365,000.00 1. a. MeFtgage will alse prGv*de that it will FernaiR SUbjeGt t9 the PFiGF lieR ef any EXISTING IN.40-RT-C-:1AGE even theugh the EXISTING MORTGAGE is exteRded or Modified OR gGE)d faith. The PURCHASER shall pay the mortgage reGGFd*Rg taX, FeGGFdiRg fees and the attE)FRey'S fee OR the arnGWRt of Q far its pFepaFatin b. CLOSING WhiGh r4edUGe the URpaid PFORGipal amouRt of aR EXISTING MORTGAGE below the adjusted. SELLER agFees that the arneynt 6hGWR in Paragr h 2 06 Feasonably GOFFeGt and that c. taxes eF lnsuraRGe, etG., SELLER shall assigR it te PURCHASER, if it GaR be assigned. in that event PURCHASER shall pay the amount in fh o GFew GGG Wnf fn SELLER ER at rl OSI-ASG. lV GT�iTOTl4rI7ZQGr'c shall �...n� the ...rnvuTTC'TIZT� 2. The PRRAIQGC well he nnnveyed si bjert to the nnnfini jinn lion of"EXIQTII�I(� AA(1RT(`4r`�/Cl" as fnllnes• PFORGipal beiRg due and payable 9R SELLER ER eFeby states that nn EXISTING MORTGAGE GGn+ ince any PFGVicin�n +ha+t ter-m thereof by Feasen of the faGt of CLOSING. 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual)to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, maybe byuncertified check of PURCHASER up to the amount of FIVE HUNDRED AND NO/100 ($500.00) DOLLARS, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. it it 4. The PREMISES are to be transferred subjedBo: condition and a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvemepotsferected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim or cornices, if any, upon any street or highway. d. Any state of facts an accurate survey might show, provided same does not render title unmarketable. e. Covenants, restrictions, reservations, dedications, or easements, if any, of record, provided same does not prevent the construction of a one family dwelling on the premises. f. Real Estate taxes that are a lien but are not yet due and payable. 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company WW be willing to approve and insure in accordance with their standard form of title policy, approved b: subject only to the matters provided for in this contract. the NYS Ins *doing business in Nassau/Suffolk Counties shall Dept. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain and Sale Deed with covenant's against Grantor's Acts in *duly proper statutory form for recording*so as to transfer full ownership (fee simple title) to the executed & PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant scknowledgedy SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSING will take place at the office of FOSTER &VANDENBURGH, LLP, 4 Montauk Highway, Westhampton, New York 11977*at (T/B/D) o'clock on or about APRIL 4S, 2005. 1st *or, upon reasonable notice (by telephone or otherwise) by purchaser, at the office of purchasers lending institution, so long as same is located within Nassau or Suffolk Counties. 8. PtfRet+A�Ef�-�er�b�--states-.#bat--PL1ACL-hA�E-R-has--rant-..dsalt_�aci##-a�yr--ka�oke�._in_ sar�Aectia��vitl'r-thissaie-ettier-##a+�-�#�41A/�-F��,Rf�IS-S1"-E�€PkS, -and-SeHe�-s+��pay�r�er -#�.EamtTriss-ion-e�r�red;�s�taat-ta-aara#e.�eeme+�t- 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for damage to the PREMISES by reason of changed of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or there- after, on demand, any documents which PURCHASER may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording,,certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. 11. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date ocf beef. The PREMISES shall be transferred free of them at CLOSING and this provision shall osing survive CLOSING. SELLER shall furnish PURCHASER with any authorization necessary to make the searches that could disclose these matters. 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. 13. The following are to be apportioned as of midnight of the day before CLOSING. SL9S4N6. (d) Taxes water nhaFg-- _d semar reRtS on the basis of the lien period for which , v o Grp.,, y.,., , assessed. (e) Fuel, if - (q Vault nhaFges, if If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. * Any errors or omissions in computing apportionments at CLOSING shall be correcteaffettimeaaftero This provision shall survive CLOSING. *or other adjustments at closing closing 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. SHALL 15. SELLER kcai9Atmxpfimwd&credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents together with any interest and penalties thereon to-a-datei:Kt-lees. -ive-(5). gi w--s-�ys_a€ter-CLOSING, provided that official bills therefore computed to said date are produped al CLOSING. or before 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge; but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the **provided seller shall. simultaneously deliver to purchaser at closing, instruments in r'ecordable form and sufficient to satisfy such liens or encumberances of record, together with the cost of recording or filing said instruments. **and will insure-purchaser's lending institution, if any, clear: of such matters. premises Upon request, made within a reasonable time before CLOSING*the PURCHASER *not less that agrees to provide separate certified checks as requested to assist in clearing up these matters. 3 business da} before closii in writing. 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly at CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after willfuldefault in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for : (i) actual expenses incurred by Purchaser for examining the title, (ii) any actual expenses incurred by Purchaser for appropriate additional searches made in accordance with the contract, and (iii) actual expenses incurred by Purchaser for survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. All prior under'standings and agreements between SELLER and PURCHASER are merged in this contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that it is not set forth in this contract. 22. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 23. Any singularword or term herein shall also be read as in the plural whenever the sense of this contract may require it. 24. No representation herein shall survive the delivery of the Deed unless otherwise stated. 25. The attorneys for the respective parties hereto are hereby expressly authorized, on behalf of their respective clients, to serve any written notice, whenever such notice is provided to be given under the terms and conditions of this Contract, and to extend any of the time limitations as provided in this Contract, any such notice and/or extension, if any, shall be in writing and duly signed by said attorneys. 26. Purchaser shall have the right to inspect the property within forty-eight hours of closing. a. Risk of loss by fire or other casualty shall be borne by the seller until closing of title. 27. The down payment hereunder shall be deemed to be made to Seller by payment thereof to FOSTER &VANDENBURGH, LLP, attorney for Seller, to be held by said attorney in escrow until the earliest of(i) the delivery of the Deed hereunder and (ii) such time as the Purchaser may be entitled to a refund thereof, at which time said attorney shall remit such down payment to the party then entitled thereto. Upon such delivery, said escrow agent shall be discharged of all liability hereunder. Seller's attorney may, at his option, deposit the down payment in a separate interest-bearing account with North Fork Bank, Speonk, NY, until the closing of title. Said interest i SCHEDULE "A" Premises: (240) Bittersweet Lane, Cutchogue, NY Lot No. 2 Preliminary Plan of Mabelle Dempewolf SCTM#1000— 104.00—02.00—007.002 i (to be provided) I i ' I I i f f i i 4 t 4 f � i I i f 1 I J I d H9dneNiiaNur,O�19isoA:3WUN 9e2O982TE:9:_13i 22:TT ani S002-S ddW } RIDER TO CONTRACT OF SAYE SELLERS: Michael Reddington and Helen Reddington PURCHASERS: Anthony Massimo and Eileen.Massimo DATE: Marckae,2005 PREMISES: (240)Bittersweet Lane, Cutchogue,New York 11935 District, 1000, Section 104.00, Block 02.00, Lot 007.002 1, This Agreement is also subject to and contingent upon the Purchasers obtaining at their sole costs and expenses a building permit from the Towzl of Southhold and ap- provals from all other municipal agencies having jurisdiction over the premises, without the need to require variances, to permit the erection of a one-family dwelling not larger than 2,500 square feet with all applicable set backs and zoning regulations. The parties agree that the purchaser cannot file the building permit application until seller has obtained approval from the Health Department in accordance with paragraph 30 of the contract. Purchaser shall have�kree,_ months from the date purchaser receives written notice that Health Department approval has been obtained in which to obtain the aforesaid building permit. If the permits are not obtained within the 'j month period either party may elect to cancel this contract of sale. 2. The delivery by Seller to Purchaser of a certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under PIRPTA to rely on such certificate,Purchaser shall deduct and withhold from the purchase price a sum equal to 10%thereof(or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. 3. The obligation to pay any additional talc or deficiency and any interest or penalties thereon shall survive Closing. 4. If Seller defaults hereunder,purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity,including,but not limited to, specific performance. 5. Any notice or other communication("Notice") shall be in writing and either(a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee,by registered or certified mail, postage prepaid, or; (b) delivered in person or by overnight courier,with receipt I ci7 CIPPohi ANV1W11H V11n15HVN NVgZ : 1l 90H IIIAEW 1 r r t 'OSTER & VANDENBUR. LLP ATTORNEYS AT LAW 4 MONTAUK HIGHWAY WESTHAMFrON, NEW YORK 1 1977 (631) 288-5550 �6G,, FREDERIC C. FOSTER FAx (631) 288-0286 V 7 RICHARD W. VANDENBURGH* EMAIL: INFo@FOSrERVANDENBURGH.NEr RECEIVED ZACHARY IRTAZA RIYAZ * ADMITTED IN NY & NJ SEP 2 33,P.2L005 September 22, AGSM! Bc�aR� cF aa�PEALS Southold Town Board of Appeals 53095 Maid Road Southold,NY 11971 Re: Michael Reddington Waiver of Merger for Bittersweet Lane, Cutchogue,NY SCTM 1000-104-2-7.1 and 1000-104-2-7.2 Dear Mr. Chairman and Members of the Board: Please find enclosed my clients' application for waiver of merger and area,variance application along with his LWRP Consistency Assessment Form. These applications are submitted with the added fee of$450100 and should be reviewed with the other set of applications dated August 22, 2005. I am respectfully requesting that this matter come before the board in order to consider the applicants' request for waiver of the apparent merger of these two lots. Ve truly yours, (A)d4 CHARD W. VANDENBURGH Enclosures RWV:nds cc:Michael&Helen Reddington Reddington%tcSoutho1dBdA09-22-05 � OF SO�T�olo ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 REGISTRAR.OF VITAL STATISTICS va ,c Southold, New York 11971 G MARRIAGE OFFICER �` a0 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER tel'' Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER C�U +� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 3, 2005 RE: Zoning Appeal No. 5791 Transmitted herewith is Zoning Appeals No. 5791 - Michael &Helen Reddington -Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; Area variance reasons; reasons for use variance; project description; ZBA questionnaire; applicant transactional disclosure form; short environmental assessment form and LVW consistency assessment form(five pages). Town Of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/29/05 Receipt#: 2985 Transaction(s): Reference Subtotal 1 1 Application Fees 5791 $450.00 Check#: 2985 Total Paid: $45000 Name: Reddington, Michael & Helen 417 Ryder Road Manhassett, NY 11030 Clerk ID: BONNIED Internal ID 5791 .r ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 09/19/05 ZBA# , NAME CHECK# AMOUNT TC DATE STAMP _ t Reddington, Michael and 2985 $450.00 5791 Helen (Foster& Vandenburgh) Reddington, Michael and 5792 Helen (Foster& 2972 $150.00 Vandenburgh) 5793 Klein, Geri Armine (Bohn 4579 $150.00 Contracting) Martin, James and -0- 5794-- (Patricia (paid un er Moore) #5742) TOTAL $750.00 Thank you. = vNG c5ppp SURVEY OF PROPERTY SopP NOTES, SITUATED AT 1. ELEVATIONS ARE REFERENCED TO ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS: 100 CUTCHOGUE PROPOSED ELEVATIONS ARE SHOWN THUS: I2D 3. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. TOWN OF SOUTHOLD 1 TANK; 8' LONG, 4'-3' WIDE, 6'-7' DEEP JPc0l ^,p 4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. SUFFOLK COUNTY, NEW YDPK— I POOL: 12' DEEP, 8' dta. S.C. TAX NO, O��-�04 -7. / 00n•' PROPOSED ExPANS10N POOL "`' SCALE 1"=40' ® PROPOSED LEACHING POOL APRIL 27, 1998 PROPOSED SEPTIC TANK FEBRUARY 8, 2005 UPDATE SURVEY 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD Q 3J.0 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. \,CNG p� V i T1P�y 16 6. THIS PROPERTY IS COMPRISED OF P/O LOTS 54 h 55 AS SHOWN ON SNE p�ssP° MAP OF NASSAU FARMS AREA = 31,951.99 sq. ft. L ON MARCTHE 281935 AS THE CLERK SUFFOLK COUNTY 0.734 ac. 7. LOT NUMBERS SHOWN THUS: LOT(D REFER TO O IAT-LINE CHANGE ON SUBDIVISION PLAN FOR MABELLE DEMPEWOLF W Os APPROVED DECEMBER 1969, AMENDED LAST ON MARCH 11, 1988 p VIM - 31,7 3t.t a? 31Dd� L r ISAPPROVA �tio 314 6P� G a � y Opp n t'�k v G1 T Lol1'0 GPNZ 6d `�• •1 P ' o WA 1 w p�E 90 P ABED IN ACCORDANCE WITH THE MINIMUM .� 00 'DARDS FOR TITLE SURVEYS AS ESTABLISHED ,613. E LIALS.AND APPROVED AND ADOPTED Val pNtl1� i ®� N USE BY THE NEW YORK STATE LAND TKIN V30 p�N �6se° Jo TEST HOLE DATA .0 �1,•( TO (TEST HOLE DUG BY McDOAWLD GEOSCIENCE ON APRIL 20, 1998) 1. o_ P/O LLI ..�=:kvrar E -1 30.0 c 6`s•°'6�0 Qo NAO/g�p DFEco g S It1 ORa,,,LOA,.sVV 51 O > $ o y 1 W1LLI >+ I Q6 x9 • �� N.Y.S Lic. No 49668 y �- •'� UNAUTHORIZED ALTERATK)N OR ADDITION 116 �y0 00• TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATEUCATI ��yJ PALE � SP COPIES OF THIS SURVEY MAP NOT BEARING of A. I�����® m,aoa, THE LAND SURVEYOR'S INKED SEAL OR SI Land Surveyor • EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. i a c+ • CERTIFICATIONS INDICATED HEREON SHALL RUN 'i ONLY TO THE PERSON FOR WHOM THE SURVEY s IS PREPARED,AND ON HIS 864ALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout i e+ LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION CERTIFICAMONS ARE NOT TRANSFERABLE PHONE (631)727-2090 Fax (631)727-1727 `by�cy THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS n o AND/OR EASEMENTS OF RECORD, IF 60 ANY, NOT SHOWN ARE NOT GUARANTEED. 1360 ROANOKE AVENUE P.0 BOK 1931 y RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 r - V OFFICE''OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 543,75 Main Road at Youngs'Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 'http://southoldtowii.northfork.net ' Email: Linda.Kowalski(a,T6wn.Southold.ny.us (631) 765-1809 (ext. 5011 during recording)- fax (631) 765-9064 TRANSMITTAL SHEET , TO: DATE: , // //; /2005 ; RE: Q Ik I — 17—' 0 r MESSAGE: (X) Correspondence or related attached,'regarding your inquiry today. Thank you. Pages attached: _ ; NOV.15.2005 10:47AM WELDONS STATIONARY NO.245 P.1i2 a(o GLtt Weldon S rFEn Q 1 PicasentviHe Bond refiff�lY anor, NV 1.9JR1(1'fP'� Ir.-- ��ED (914,) 641-1331 ° jg11 5 2005 LZoNING 00AM OF Date: f l 1 �C�S_ Note: If there are any problems with the transmission of this-fax please call Weldon's Number of Pages: at (914) 941-1331. (Excluding this cover sheet) TO � Name:apLrA. o- lktmeoAs ..— Name: company; 1 Ljv+ o� Sou4 QkCompany: Phone: ) 16 5 0? Phone: ( 9.14 ),1(z `]9 a�2 Fax: ( ) . 123506�4Fax: (914) 9412309 (Wel'don's) Message le-Ae-r- er '« ups c 'r b a �!f-ck—A,,A n --93-19 1 _ Page 1 of 1 =-r Kowalski, Linda From: on behalf of Kowalski, Linda To: Richard Vandenburgh, Esq. Subject: RE: Reddington Application for Area Variance Dear Mr. Vandenburgh, The hearing was lengthy and alot of information was offered into the record, before it was officially concluded. At the hearing I was suggesting that perhaps you would want to offer a written description of the type of specifications, such as minimum 15 ft. wide clearance area from the nearest improved, traveled town street that would be built by applicant to meet fire access requirements of NYTown Law Section 280-A and Zoning Code Sec. 100-235. It would extend from town street to applicant's 15 ft. wide driveway, and sometimes applicants will offer filling of potholes, placement of stone blend or bank run, and a time period when the improvements would be done, then continuous maintenance. These are normally applied before a building permit is issued, and improved before a CO is issued.. Hope this will be of help to you. Good luck, Linda Kowalski Office of Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 ext. 5011 fax 765-9064 -----Original Message----- From: Richard Vandenburgh, Esq. [mailto:richard@fostervandenburgh.net] Sent: Thursday, November 17, 2005 7:23 PM To: Kowalski, Linda Subject: Reddington Application for Area Variance Dear Linda: Thank you for helping us work through our application today. I finally understood what we were doing with regard to the waiver of merger issue. However, I am not sure if you want me to do something now regarding the letter you made mention of concering conditions or easements. I would be glad to put something together but need just a little more direction in terms of the content of the letter. Moreover, is there anything else I should do at this point or simply wait for the Board's deicison?? Thanks for your continued assistance. Richard W. Vandenburgh, Esq. Foster&Vandenburgh, LLP -'n 4 Montauk Highway i Westhampton, NY 11977 NOV 2005 R 631-288-5550 ext. 11 631-288-0286 fax richard@fostervandenburgh.net 11/18/05 77 1_,, :Tyown:6f SoEut JO ZBA <O App: Name O Tax-Map.:. OfilejNo: -I3sEQR°` L-Heing emberGerard P. GoehrmgerSearch: 1UnlisteTime: 11:�Q:�04M ,. File Number: 5791 Tax Map; 104.-2-7.1 App. Name:' Reddington,'Michael and Helen 5791 Received Date: 9/23/05 Tot:Fees: Hamlet' Cutchogue Type: Residential ,Zone:• A-C • Date forwarded to Town Clerk , 9/23/05 Status: Closed Complete Action: Denial with Alt. Relief f Meetin§,Dates . . Building Dept; Location: Bittersweet La. 'Meeting Date-,r' -- Nb Date I 8/23/05 Short 100-32; construct dwelling on undersized lot; area Hearing Date 1. 11/17/05 ND [)ate 2 Desc :,i variance (note: waiver of merger with application Hearing Date 2 ND.D4te.3 {{ Copy No. 5792 for lot No. 7.2 is separate). Hearing_Date 3. ;ND'Date,4 `Hearing.DateY4 ; .NDIDate`5 Reminder: to send memo 10/25+-to PB regarding Notes area var. for subdivision. Hearing$Date 5 ND:Date.6 Action Date:, ° 12/1/05 .ND.71 Date 7 -- iJl$/06 1:19 PM CAP5 ,NUM " D 46*L`!!b fjhe.Southold Town Data Processing_Department^ i 1 FOSTI _� �c VANDENBUFRGH-, LU, ATTORNEYS AT LAw 4 MONTAUK HIGHWAY WESTHAMPTON, NEW YORK 1 1977 (631) 266-5550 FREDERIC C. FOSTER FAX (631) 288-0286 RICHARD W. VANDENBURGH* EMAIL: INFO®FOSTERVANDENBURGH.NET OF COUNSEL ZACHARY IRTAZA RIYAZ * ADMITTED IN NY & NJ JILL ROBIN PLOSKY VIA EXPRESS MAIL November 14, 2005 Zoning Board of Appeals 53095 Main Road Town Hall Building P.O. Box 1179 _ Southold, NY 11971-0959 Re: Reddington to Massimo Dear Sir or Madam: Enclosed please find the return receipt for James V. Jablouski in the above referenced matter. As soon as our office receives the last return receipt for Charles C. Watts from the United States Postal Service we will forward same to your office. If you should have any questions, please do not hesitate to contact me. Very truly yours, RICHARD W. VANDENBURGH RWV/eak Encs. Reddmgtonlot2—(240)BittersweetLane/LtrZoningBoard-11-14-05 - le"rte h-) r •� � •, rr.��>irnr�r�r:��->�yxyrrrra�rr��►��• N1 on X plete items 1,2,and 3.Also complete A. Si natu 134 if Restricted Delivery Is desired. Agent ■ t your name and address on the reverse ❑Addressee so that we can return the card to you. B. eiy ri d N e C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is elivery add—Z different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 5 t� _ I 3. SServlc hype - -—- - -- UlTertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 14. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - — 70 03 3110 0005 6807 9800 (Transfer from sero Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 = UNITED STATES POSTAL SERVICE, : ; 'First-Class Mail -� Postage&Fees Paid USPS Y, Permit No.G-10 11 • Sender: Please print your name, address, and ZIP+4 in this box• FOSTER&VANDENBURGH,I_LP 4 Montauk Highway Not 14 2005 Westhampton.NY 11877 `E i�l� r, ` U M�p LLP P Tel.(631)288-5550 , , P I.�I6tior�i i it.! u,u'J �i i 1FOSTE� =9c VANDENBURGH,, LLP` ^T-rORNEYS AT LAw �. 4 MONTAUK HIGHWAY WEsTHAMPTON, =NEw YORK 11977 (631) 288-5550 FREDERIC C FOSTER FAx (631) 288-0286 RICHARD W. VANDENBURGH* EMAIL: INFO@FOSTERVANDENBURGH.NET OF COUNSEL ZACHARY IRTAZA RIYAZ * ADMITTED IN NY & NJ JILL ROBIN PLOSKY VIA OVERNIGHT MAIL November 8, 2005 Zoning Board of Appeals 53095 Main Road Town Hall Building P.O. Box 1179 = Southold, NY 11971-0959 Re: Reddington to Massimo Dear Sir or Madam: Enclosed please find the Affidavit of Posting and Affidavit of Mailing along with eight (8) certified mail slips and six (6) return receipts for the mailing of a cover letter enclosed with a legal notice an survey postmarked November 3, 2005 in the above referenced matter. As soon as our office receives the last two (2) return receipts from the United States Postal Service we will forward them to your office. If you should have any questions, please do not hesitate to contact me. ,/Very truly yours, RICHARD W. VANDENBURGH RWV/eak Encs Reddingtonlot2—(240)Bittersweetl-ane/UrZornngBoard-11-8-05 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------- ____. -------------------X In the Matter of the Application of AFFIDAVIT Michael and Helen Reddington OF MAILINGS } ._(Name_of Applicants) CTM Parcel 41000- -----—---------------------------------------------x 1000-----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I Erika A. Kamp residingat 43 Bay Woods Drive , Hampton Bays NY 11946 New York,being duly sworn, depose and say that: On the 3rd day of November 2 0 0 5 , I personally mailed at the United States Post Office in Westhampton New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the 0�Assessors, or( ) County Real Property Office for every property which abuts and is across a public or priv�e street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Erika A. Kamp Swot to before me this tday of November ,200 5 CORM R.Mc CWKM Notary PdAoa State of Now York W1.4924769-Suffolk CU* (Notary ublic) Comreinjon E* PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner"names and addresses for which notices were`mailed. 'Thank you. i ■ Cmplete items 1;2,and 3.Also complete it m 4 if Restricted Delivery is desired. ❑Agent I ® Print your name and address on the revers ❑Addressee I so that we can return the card to you. eceiv Pnnted N e) C. Date of Delivery I ■ Attach this card to the back of the mailplece, or on the front if space permits. Io`er' D. Is delivery address different from dem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Mr. and Mrs. Duchl 4 Beach Avenue 3. ServeO Type f Northport, NY 11768 ertified Mail ❑Express,Mail SCTM #: 104.-1-13 ❑Registered ❑Return Receipt for Merchandise Q1gred.Mai .O.Lt'aic :y < ��a (260 Horton Lane) 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - — -- -----�— — --, -- ©uw„. 7003 31,10 0005 6807 9794 (1Pansfer from ser D PS Form 3811,February 2004 Domestic Return Receipt 10259602-M-1540; e I�QFCF i il': ,G'if 1 IS I `o Ik,;.37 U!1 Iii, ,nQ 77.� Postage $ nCertified Fee 12,30 postmark I01.75Here 0 Return Reciept Fee (Endorsement Required) Clprl VINFIGN C3 Restricted Delivery Fee ra (Endorsement Required) r-1 i,�,' 11/03/05 rrl Total postage&Fees . (/ I m p S t To _ C3 ►✓ ! r`- Street,Apt fro.; -----------•--- or �' PO Box No. --- r^ _ CSG 1 °s* , ►atts, r. Lane Cutchogueue, NY NY 11935 SCTM # 104.-l-70 Lilac) i S rn rL 0° !AJ"1119t7,:UL-1XA7.7 ':,n co �• °. - LLi1L°ARi1L'>`11-=111�+i1=1A���L•iS °(( > Cci 6ii0 JEE+I-��T 1f,4:,t ru Postage $ 0.37 LVIT ID, OQ77 ❑ U, — I p Certified Fee �• ,.,aI4 LO3,�E3Postmark E3 Return Reclept Fee '"as 1.°75 Here (Endorsement Required), 3„ I ❑ Restricted Delivery Fee ,;,": Clerk' k WFTQj'q ul (Endorsement Required) rl M Total Postage&Fees sq ru E n To E3 c rti treet,Ap0; n or PO Box No - - -----------z—aa-c------ ,State ZIP+4 � 1 i • • • SECTION'bN bELI ■ Complete items-1,2,and 3.Also Complete A Sig I item 4 if Restricted Delivery is desired. E3Agent I ■ Print your name and address on the reverse Add sse so that we can return the card to you, B. Rec or on the front if space permits. 7-111, eived P_dnte ame} t 'o D T 71 ■ Attach this card to the back of the mailpiece, �G, V C D 1. Arh-Ie Addressed to: D. Is delivery address different from item 1? Yesf O 'zaib,94-ti /� ,?Drs ou-inj If YES,enter delivery address below: 0 N Elizabeth A. and Ors Quinn �'[ 1 t I 40 Jackson Avenue k[o SCS-C"c1 �V& • ,�r Rockville Centre, NY 11570 O�IGU� iQ U?") �-r4 1 V q SCTM #: 104.-2-5 5 (405 Bittersweet) 3, Se a Type IK Certified Mall ❑Express Mail f ❑Registered ❑Return Receipt for — ❑Insured Mail ❑C.O.D. - 4. Restricted Delivery?(Extra Fee) ©° 2. Article Nur ----------- __ � (Tiansferin 7333 •311,3 3335 6837 9763 i `ErTRI ° PS Form 3811,February2004 Domestic Return-Receipt 102 C3 t? ,II ,i_ (_'r Postage $ °37 UNIT ID: 0977 Lr'I Certified Fee :1.1 C3 Postmark 0 Return Reclept Fee75 Here (Endorsement Required) Clol„t ° r-3RestrictedDelivery Fee ° r9 (Endorsement Required) 9/ r, r=l rn Total Postage&Fees / 1 O� m ` ,/� To f�l Jn ---------------------- 0 _ ----- ---- [`- Street Apt No.; '1 a J1'^/ l� --- or PD Box Pio. v�l., ,[ �1�,r,. C State ZIPt�� l �-� 1'U i r�S :11 01 In l •MPLETE THIS SECTION CQMPLEiE • DELIVER ■ omplete items 1,2,and 3.Also complete A S n toLe item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addresst Stephen Geraci so that we can return the card to you. eived (Printed Nam e) C. Dae of elivei 113 Roe Avenue ■ Attach this Card to the back of the mailpiece, � � r '' A East Patchogue, NY 11772 or on the front if space permits. D. Is delivery address different from Rem 1? ❑Yes SCTM #: 104.-2-7.3 1. Article Addressed to: If YES,enter delivery address below: ❑NO n (320 Bittersweet) 1LAA ' ' 3. Servi Type , l Vmmuzilm ertified Mail ❑Express,Mail i� �� r. f� rl � ° l P I? . , ❑Registered ❑Return Receipt for Merchandis11 I ({(j�,i.N`i P1I t, tl 1 ,.. % w. :. ❑ insured Mail ❑C.O.D. � Postage $ -3.37 UNIT ID.' 09774. Restricted Delivery?(Extra Fee) ❑Yes Certified Fee 1, V0 2. Article Numb :} ;; :;7 p p 3 .3113: 3 3 3 5 6 8 0 7 -9 7 5 6 ° Postmark (transfer frog (Bement Requlredj, 1°75 Here PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15�tedDelivery Fee Cler!:,, KWHISH I r n—tenaorsement Required) 1� fr1 Total Postage&Fees 1$ ` u,?� 11/03/05 M CC// Qrn roeet,Apt.No.; PO Box No. r I - Are_ 7----------------- 4- W" --- state,zi 4 ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Signature l item 4 if Restricted Delivery is desired. E3Agent ■ Print your name and address on the reverse C r ❑Addressee f so that we can return the card to you. B. Received by Printed Name) O. Date of Delivery Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No M ►�t�` �e� SIS c Nl� l I3 3. Servi ype i, William Ferris III ertifled Mail ❑Fxpress snail I P.O. Box 1174 ❑Registered ❑Return Receipt for Merchandise Cutchogue, NY 11935 ❑ Insured Mail ❑C.O.D. SCTM #: 104.-2-7.5 4. Restricted-Delivery?(Extra Fee) ❑Yes n 2.-Article Number -- i ® - (Transfer from servlcI t l ?0D3 :3110, ;0 0 0 5 6807 9 7 8? f t ti , li• , ® A m o PS Form 3811,February 2004 bomestic Return Receipt 102595-02-M-1540... o ED `D Postage $ 0.37 UNIT IN 0977 u") C:I Certified Fee ".30 0 Return Recta t Fee' 1 ,�� t Postmark (Endorsement Required)' _ Here Restricted Delivery Fee Clerk. i:InIPDSN r-9 (Endorsement Required) S 179 �. 9 _ C M Total Postage&Fees! `P.•, D ` 11/03/05 M p est o � .—. - C3 of Vt I am �21CT I S 777 h Street Apt.No.: .._`.. ty,Stat ZIP+4 dc` �� I een�ZiddelT 30 Jackson Road ■ C m41if items 1,2,and 3.Also complete A.MSIture Briarcliff Manor, NY 10170 i m 4 if Restricted Delivery is desired. ❑Agent I SCTM #: 104.-2-4 ■ rint your name and address on the reverse ❑ ddres: so that we can return the card to,you.. B. Recety d by Pri a Name) C, .1,, (305 Bittersweet) ■ Attach this card to the back of the mailpiece, p or on the front if space permits. / 1. Article Addressed to: D. Is delivery address different from item 1? E 3 Yes If YES,enter delivery address below: ❑No O JC0_KSby-\ m 3. Service Type V (, led Mail ❑Express Mail -❑Registered ❑Return Receipt for r` , E3 Insured Mall 13 C.O.D. ----- -- _ -- - t. 11 i. U, # 2. A 1�Ln Postage $ 0.37 UNIT IN '0977 1 O Certified Fee PSF o Return Reclept Fee 2".30 Postmark (Endorsement Required) 1.75 Here r-4 Restricted Delivery Fee 1� (Endorsement Required) Ujor[•° KU'DEISP m ' Total Postage&Fees L^ 11/ y05 M C3 $est To O 4J�� or PO BoxNo. rylsraie z;P+a jCCSC�h. - --- r AENDEM Complete items 1,2,and 3.Also complete 4A. Stu,e item 4,if Restricted Delivery is desired. S_4 1111W � ❑Agent Print your name and address on the reverse Address so that we can return the card to you. B. Rec lved by(Print N e) Da of ellvFheresa A. and Denis Kildoff E Attach this card to the back of the mailpiece, ` D e P.O. Box 544 or on the front if space permits. D. Is delivery address different from m17 ❑ es Cutchogue, NY 11935 1. Article Addressed\: If YES,enter delivery address below: ❑No SCTM #: 10-2-3.2 TKe tc3c�A --or-`7criniS 1�+ d (Bittersweet Lane) os!.'`w (US 3. jSef�iq�e �', 11 ILI, `JJUrCerfified Mail ❑Express Mail ° ❑Registered ❑Return Receipt for Merchand ❑Insured Mail ❑C.O.D. 4—Restricted Delivery? ' (Extra Fee) ❑Yes 2. Article Number7 p p 3 31,1,0 0 0 0 5 6807 9 7 7 0 i Postage $ 0.37 UNIT ID' 0977 (Transfer from service fabeg Certified Fee Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M- .30 Postmark ReturnReciept Fee tcndorsement Required) 1.75 Here 0 Restricted Delivery Fee Cler! NF`191 !r-9 (Endorsement Required) r-q M ^ 11/03/05 Total Postage&Fees s Im O To - pqo.. . :_ t t] --s�-i-L_d_��--------- Street Apt No.; or PO Box No. i Q N -' -- -- -� ------------------------------- (ty,St te, IP+4 W James V. Jablouski P.O. Box 512 Cutchogue, NY 11935 SCTM #: 104.-2-2 (315 Horton Lane) V(� tC3 6 c 117 . -•tom e ��W 1 r o U9Cii.}3� co 0.37 UNIT !M Oc77 Postage $ Certified•Fee ^,3Q 0 Postmark Here ReturnReciept Fee 1.75 ,! (Endorsement Required) Clea C3 Restricted Delivery Fee ,-I (Endorsement Required) ra T W"3 m Total Postage&Fees v Irrl O S ntTo f`- or ry,Stat ZIP+ y ZONING BOARD OF APPEALS TOWN OF SOUTHOLD-NEW YORK -----------------------------------------------------x In the Matter of the Application of AFFIDAVIT Michal and Helen Reddington OF SIGN POSTING (Name of Applicants) - Regarding Posting of Sign upon Applicant's Land Identified as 1000- -----------------------------------------------------x 000------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) L Richard W. Vandenburgh residingat 1405 Oak Drive Southold ,New York,being duly sworn, depose and say that: On the 6th day of N o v e m b e r ' 2005 , I personally placed the Town's official Poster,with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to tr'at date of the subject hearing date,which hearing date was s to be November 17 , 2005, (Signature) ICHARD W. VANDENBURGH Sworn to before me this F'70-day of November 2005 - C / W a CORME R.Me CWM (Notary Public) otomy Public,State of Now YWk 6 .4924769-Suffolk County Comfl;rsion Eoron March 14, 6 *near the entrance or driveway entrance of my property, as the area most visible to passersby. 11/01/2005 23:46 6317riRFt23 REFLEX PHOTO PAGE 01 sI•I7•AS111'i`H A.NES Tov+n Hall.5sm hWu Pwaad TOWN 01261Ii► P,O.stat 11" '� sonthoK New York 11'971 T cWr�tS OF VITAL STA IS CS Pax(631)76"145 MAN"GE OP"Mac TelepbMe(031)768-1wo RECOUDO MMA4ONJIM OIi'FICER ewu aldtown.nortl.fork.net FSE>WOM OF IKIPOW"TION OFFICER oynm OF THE TOWN CXARR TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORM INSTRUCTIONS. Please complete Section I of this form and give to Town Clerk's ice tigency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION 1. TO. SQUTZQL� TO PLANNING BOARD (Department or Officer, if known, that has the In arsnation you are requesting.) RECORD YOU 'MASH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) DEC. 9, 1969 RESOLUTION APPROVING SUBDIVISION (TAX MAP DIST. 10003, SEC. 1049 BLOCK 02.00 LOTS 7. 1 THRU 7.5) CUTCHOOUE,"NASSAU• FARMS"/ MABELLE DEMPEWOLF. ALSO MINUTES FROM FINAL,HEARING. NOTE: NEED THIS INFOMATION BY FRIDAY, 4-1-05 FOR HEALTHPT. MEETING (7N 4-4 .05. T A 0 . WILL P Signature of Applicant: Prrkted Name: . Address: 113 ROE AVE. , PATCHOGUE, NY 71772 Mailing Address (if different from above) Telephone Number: 631 758-5540 bate: 3-28-05 I< ) APPROVED [ 1 APPROVED WITH DELAY* f 1 DENIED& Elizabeth A. Neville Freedom of InformatiotA Officer * If delayed or denied see reverse side for explanation. 11/01/2005 23:46 631'r-Qa123 REFLEX PHOTO PAGE 04 _ PROM SOUTHOLD TOWN PLAN _____ BOARD FAX NO. : 631 765 3136 Mar. 29 2005 03:51PM P1 Southold Town Piaui, ng Board �s3�f December 8, 1969 (4) South 111D div' 00" 8$st 83.92 feet to the said northerly line of Xiddle Road: 'runAing thence tho following two courses aloe the said `- n0zthex1y,,linea Q f ,Middle Re&eta (1) south 550 02# lea" West 257.37 feet; (2) South 55* Ola 50-1 'Wert 79.44 feet to the point or plaCea of Hgs3 �TG. The SO"d discussed this pxopoaed Chandge of Z0Z%Q at ,same jength. On Mtieais, by lir. t 04ra, aaeCcmded by NX, Vic&h%m, ;Lt wa r REBMVRD that the 80uthoI4 Town Plam;Lng board does not xeCcmmend to the Southold Town sourd the. Change of zone rrom *&,o Rasidential ezd AgrJoultural District to "B"2" business MU;trJ4t on the above dese;.rabeed This cCtangs of sone is 00ntrary to the Pla=ing 130atdas3 policy. It down Act CoUCide with the Oompxeahensive plea of U%e aaresa. Zt is against they County4 a reezatammeTId&titex3 of IiMiting busin&ss on CR 27+ The change Of $one from• ug" to 6414" on .property heated aoross the stxeete made by Uxo Town Boards, was not recommended by tuez Pla ging Boatrde Vote Qf the Boards Ayess— Me 6$.Vee Wialcham, Moisa, jtaynor .r. Coyle. The Planning Board was pxe&.sentesd w4,th, final, maps for the proposed minor subdivision of 83abellee De mpenve llt located at Horton toad & 2ittexome9et Lanes sasoau rams, Cutchoguee, Cft motlOn by Mx. M iva, Seconded by Mre Raynor,, it was RSSCLVM that the Southold Town Vlann;i, Board grant ,g;Lnal approval to the minor subdivis:kon of Mabelle DovWenwolfs located at Horton Road & Bitteszzw64t, Lurie„ Nassau ]'armszs Cutchogue3, Z.Y`. Vote of the Bo*rds Ayes%— ,Meessxsa: Wickham, 1404 as # Raynor, Coyle. These; Rlarening Soaxxd xevjAU*d s,,sa:Ln the earigilnal petitim of came Bx050a Cutchoque, New York, received from the Town soardy relat3.vesa to changes of ,cones from t1A" Residential and Jvgxiaultural Pistrict to "Br-2" Susaoineeaasr l);.strict on eea►rtain real property' together with the ,instructions tea prepare an official repoxt defining the aondAtiono eontsined the.Voin. . This property is situated att cutch*gU4,r !A tue Town of Southold„ Co=ty of suffelk sand State of NO% "York4 and more part;.eeularly bounded Ana 'doxex .btd as follows: ' . y.-Y.' . u '1 ' . w. - .il . .7 .. .• ...\ 1Y. ....w -.w..,-u• ... . .-..l' . .. ...%.Y Sh..n.""Sl'_ °'x,:`31 :,.'',.�'.�,•' •• r r; .'},'::; .. ''•�`, 1 •• ' •' ''' •°., •0. , , .. Irl Ia,.rl, LI.r°e• t. •• - - W4 _Sas l ": a;. ' :'�° ;� , • ld 4 ° ` 1'` ••' 1�cYrt,'i'ut 1 g Sort ., GrGGh�aorfio N _-nr--" .�� � '��';� •-a •• ' � ' ' ,l�D { f1 • ' ' • •< 'SPS`= . 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Y..00e Y.m.m°oe......UA't 1i��d�b� �.il��d�w'/e9Q e; psn?s� !b'� ia??4�j'11�'A1�, - . . . ps sd 9iliguWi ,j0 $9116U1re1Tnboo •;���4T�� ��,po� Au=aos �� 3d •a���eebas sqx 30 Ile 02"lk"q 061 laskaO 2011 itp cyan• UT •pog OtP �Yaasss�d os� •�► eai�+ s�o�es 201 pwMri •q arm POP 20TAINT461 Pl�x�o9 t�sn� • su JI e. 043 uT 'l►o:imoT asY' ""cu=d "I mptA�tanep Is 1g*l s,4a 30 •poiuo� isjs< �o o�ta�tgeoad itflaaftAa ♦qa as ��r*Favraignll idb�0 ? ...�.e o'� 3e�•..Q.°.°..e e° # �rlli pAStd. °�.....��°dl��G��d°��.���F�� 1�'i*'tw'tP4'Ro L �� 3®'d o.e a e m......� �Si��••°o w..0 4•�+a�. 1D07a�s �� �� !MZ t�1LQ0'� farm iAasi�6 • Q�� dd4�li q�p/g . e w°.r.•e.m. Y• •• e b�. •f• •.Y�,/�e °f l�w�l 2f•eZA�� J�'�2ilI�RIF#� �4 t1e�';i96Q$ Goers•..°..w°Q..m e°8•w 4••o...O.e a••.Y. .hl II,,i°�IY` —i q� * � �.tY1.;iN 97% el�twri-14i.� MDQ x9i�YBft?�Q da �LM�tRzit�� t'IVH Mal �$t XO@-ad yoajuta ftuall a Ito SDUWO (n (m rt0 �I�I►a.L � �..... laarr,e •v WaW fr"I' C24 �4G �3aI�jA M'�l �d00M ��� 1N39 A-AllbI']u jiiel VKS T9 GC:Tz S00Z/0E/80, Z8 3�J id 110Hd X01AMJ EZl----TE9 9b:EZ 9002/T9/TT SHORT FORM ORDER INDEX No. 02-29803 SUPREME COURT - STATE OF NEW YORK I.A.S. PART 27 - SUFFOLK COUNTY -PRESENT: Hon. RALPH F. COSTELLO MOTION DATE 3/31/03 Justice of the Supreme Court ADJ. DATE 7/29/03 Mot. Seq. # 001 -MD # 002 -XMD -------------------------------------------------------------- MICHAEL REDDINGTON and HELEN FOSTER &VANDENBURGH, LLP REDDINGTON, Attorneys for Plaintiffs 4 Montauk Highway Plaintiffs, Westhampton,New York 11977 - against- WILLIAM C. GOGGINS, P.C. RICHARD ROMEO, as Executor of the Estate of Attorney for Defendant MICHAEL ROMEO, 13105 Main Road, P.O. Box 65 Mattituck,New York 11952 Defendant. ---------------------------------------------------X Upon the following papers numbered 1 to 36 read on this motion and cross motion for sununary judgment;Notice of Motion/Order to Show Cause and supporting papers 1 -9 ;Notice of Cross Motion and supporting papers 10- 29Answering Affidavits and supporting papers 30-33 _;Replying Affidavits and supporting papers 34-36 Other ;( )itis, ORDERED that this motion by the defendant for summary judgment dismissing the complaint is considered together with a cross motion by the plaintiffs for specific performance. These motions are considered in conjunction with similar motions pending in another action involving the same plat of land entitled,Stephen Geraci v Richard Ronteo, as Executor of the Estate of Michael Royneo,bearing Index No. 29803-2002. They are decided as follows: Plaintiffs sought to purchase a vacant parcel of real property from defendant to build a hone. They entered into a contract on April 24, 1998, which provided : This contract is contiuigent upon the purchasers obtaining at their own cost and expense within 120 days fron7 the date this contract is fully executed by the parties, the following: a) Approval from the Suffolk County Department of health Services for well location and sanitazy system for single family residence, without the necessity for a variance. b) Water report to determine whether the water is potable and meets the standards therefore set by the State, County, and any involved agency or locality or letter of water availability from Water District.... The Purchasers agree to use due diligence in applying for and pursuing the applications. If the applications are not approved within the above time, or in the event potability is not Reddmgton v Romeo Index No. 02-29803 Page 2 found, dien either party may cancel this contract whereupon the seller shall return all monies paid hereunder and neither party shall have any claim against the other. On Tune 5, 1998, the Suffolk County Department of Health Services rejected the application for a well because the lot was apparently part of a realty subdivision which had not been approved by the Department for the method of sewage disposal and water supply. The Department noted, "Lot does not appear as an existing parcel on 1980 tax map. Individual application to construct can not be reviewed until subdivision status is deternnined." A second notice of incomplete application was issued on October 6, 1999. This time the subdivision status was not mentioned; instead the Department was concerned with test wells and the availability of public water. Then on March 26, 2001 the Department issued a notice of non-conformance, indicating that a community water system method of water supply was required because the well water was non-portable. Plaintiff purchasers then made arrangement with the purchasers of the other lots in the subdivision to bring in city water and determined to complete the purchase of the premises. A letter demanding a closing was sent to the seller on August 16, 2002. The seller responded on October 22, 2002, terminating the contract. Plaintiffs brought this action seeking specific performance on November 21, 2002. Defendant seeks sunnnnaiy judgment dismissing the complaint, alleging that the contract is void because there is no legal subdivision rendering any transfer of the property illegal and because under the terns of the contract, plaintiffs had 120 days to obtain the approval of the Suffolk County Department of Health,which was not done giving either party the right to cancel. Plaintiffs counter that the property is a legal subdivision and that they waived the contingency clause which was solely for their benefit and that, in any case, defendant waived his right to cancel by laches. Plaintiffs present proof in the form of the verified minutes of the Southhold Town Planning Board, granting final approval to the minor subdivision of this parcel on December 8, 1969 and a copy of the preliminary plan for Mabelle Dempewolf,which is signed by a member of the Southold Town Planning Board. The contract identifies the tax neap designation for the lots designated Nos.1&2 on the preliminary plan. Plaintiff includes the property record card for Lot No. 5 in the subdivision, which was transferred by defendant to a third party on April 11, 1988. Seller counters that the parcel was not a valid subdivision, based on the need to obtain Suffolk County Department of Health Services approval for sewage and water. As proof that there is no legal subdivision, seller quotes the language in a letter sent between two attorneys. Town Law §276-2(e) provides that approval of a plat in final form is the signing of a filial plat by a duly authorized officer of a planning board after a resolution granting approval to the plat. Accordingly, plaintiffs have made a prima facie showing that this is a valid subdivision, even though the signed map was marked preliminary. Defendant has failed to meet his burden on a motion for summary judgment to subunit proof sufficient to raise an issue of fact. A letter between counsel does place at issue the legal status of the subdivision. Accordingly, the Court finds that the subdivision was legal. Turning to the remaining arguments, it is clear that the municipal approvals were not obtained and that the well water was found not potable. The initial 120 days expired on August 22, 1998. A finding that the water was not potable occurred two years and nine months after the signing of the contract. These events nevertheless triggered the right of either party to cancel. The seller decided to exercise this right one year and seven months after the finding regarding the water and four years and two months after the expiration of the 120 days, and only after the purchasers indicated their intention to close. A party for whose sole benefit a condition is included in a contract may waive the condition and Reddinglon v Romeo lodex No. 02-29803 Page 3 accept tine subject property as is (1,K W W Associates,111c. v Gianconfieri, 77 NY2d 157, 565 NYS2d 440, 566 NE2d 639). Generally, the conditions in a real estate contract relating to municipal approvals are for the benefit of the purchaser. Accordingly, when the contract unambiguously confers this right to cancel on either party, it raises a question concerning the parties' intent. The Second Department, Appellate Division, in 1982 and again in 1983, found that a reciprocal cancellation clause for the failure of the purchaser to obtain subdivision approval and respectively for the failure of a ternnite inspection was for the benefit of the purchaser only and accordingly could be waived, effectively terminating the seller's right to cancel under the clause (see respectively, BPL Development Core. v Cappel, 86 AD2d 591, 446 NYS2d 134;DeFreitas v Holley, 93 AD2d 852, 461 NYS2d 351). hi 1990 in the case of W.)lU J Associates,1ne., the Court of Appeals analyzed the manner in which an unambiguous reciprocal cancellation clause is to be interpreted. There the clause provided that either party had tine right to cancel if the pending litigation concerning the real property was not concluded by a certain date. The Court held, "...when parties set down their agreement in a clear, coniplete document, their writing should as a rule be enforced according to its terms. Evidence outside the four corners of the document as to what was really intended but unstated or misstated is generally inadmissible to acid to or vary the writing." The court stated that the contract must be read as a whole to determine its manifest intent and found that under the contract at bar both parties were intended to benefit from the provision, particularly since the seller was taking back a purchase money mortgage. The benefit to the seller was written into the contract language. Following li'.iY.W Associates,the Second Department, Appellate Division, held in the case of Oak Bee Corp. v N.E. Blankman & Co.,lite. (154 AD2d 3, 551 NYS2d 559) that a clause granting either party the right to cancel if subdivision approval were not obtained would be given effect because from the face of the contract it was intended to benefit both parties, as the approval affected the financing as well as the purchase price. Recently the Second Department Appellate Division, citing again to PV W TV.. Associates gave effect to a reciprocal cancellation clause for the failure of the purchaser to obtain a build rig permit, pernlitting the seller to cancel the contract inuTnediately upon the expiration of tine time (Buettner v McCray, 300 AD2d 612, 754 NYS2d 298). The court did not do any benefit analysis but rather took the clause at face value. This case effectively overruled both BPL Development Corp. and DeFreitas. Here the face of the contract does not support a finding that the reciprocal cancellation clause was intended to benefit the seller. The seller has not retained an interest in any of the subdivided lots. However, even if the court were to give effect to said clause as written,there was a mutual waiver (Traister v Russo, 154 AD2d 455, 546 NYS2d 22). Ilere both parties continued to perform under the contract for at least four years after the time expired and one year after the water was found non-potable. A valid waiver requires no more than the voluntary and intentional abandonment of a known right which, but for the waiver,would have been enforceable, and it may arise by express agreement or by such conduct or failure to act as to evince an intent not to claim the purported advantage (Gresser• v Prinei, 128 AD2d 752, 513 NYS2d 462). A lengthy and unexplained delay in seeking to cancel constitutes a waiver. Once the seller has acquiesced in the delay,he cannot unilaterally cancel the contract without making time of the essence (S'targiotti v Nigrello, 114 AD2d 498, 494 NYS2d 411). Accordingly, since the court has found that here is valid subdivision as well as a mutual waiver of the reciprocal cancellation clause, the purchaser is entitled to specific performance of the contract-The motion is denied and the cross notion is granted. Dated: L L' �- i J.S.C. X FINAL DISPOSITION NON-FINAL DISPOSITION uTIi, E errN HEARINo The following application will be heard by the- ,,Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: 'AME : REDDINGTON , M R #5791 MAP # EN 104-2-7 . 1 APPEAL : Area Variances Lot Sizes ( Land Divisir-MQUESTo on ) DATE : THURSDAY, NOV. 17 , 10 : 50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ='ONING BOARD -TOWN OF SOUTHOLD 765- 1809 ZONING BOARD OF APPEAL_ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 7654809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 24, 2005 Re: Town Code Chapter 58 — Public Notices for Thursday, November 17, 2005 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 3rd: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than November 9th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than November 9th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting, or mail it to us before the hearing date. If yo'u are not able to meet the deadlines stated.in this etter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. J 2 •d HE)NneN3;T-"',Y8H31S03:3WFJN 9S3©88ZT" "131 SS��Z NOW t,002-8-OON I-, L•l cul I A E1 1 ;;f • . �• ' . ,• , ('CAU, ti� •. . w „ r , j Ali 49 lociYeti 'F111 SOtI 100 . ,r ',' a �•1 ' -. •�,' Lai' �3 �11 L`4 YV tq fig — r. ' � - - - ',':.tr.:"�,::4:r•ii i r'•`.e'-'P-a` {;n, `r'.a'�,�',a' .. ,,yU,,d -a.r '.3 —,C7 .;-.•, -,3-, ':c'' - �;i;.:.`,{^ ' -- ,t ;$;: -� .xa3-32pF, ^s1`+ pJ,• s>•^dr 7;a's`rr+ya r.t;rr, ':.cv northerly line of Middle Road: �l� South 55 Olr 'k0"'`west '25'T3,�°sheet;; (2) South S51 Olt 500 Vest 79.44 .feet, to the point or place of ' BEGINN]NG. •• , • The Board discussed this proposed Change of zone tit sane "Iength. on Motion by Mr. Moisa, seconded by Mre Wickham•, it� was RESOLVZb that the Southold'Town -planning Board does not recommen to the, Southold Town Board, the change ,of zone from "A' Residential an Agricultnsal District to "B-2"" Busines' s District on ,the above describ Property, This change -of zone is contrary to the Planning Board0a policy. It does. not coincide with the comprehensive plan of the 'arena, it is against- the County's recocmnendati= of limiting ,business on CR 27. The change of zone from "A" to "M" -on ,property located acxoss' the street, made by the Town Board, was not recommended by the Planning Board. Vote, of the Board:, Ayes: Messrs: Wickham,' Moisa, Raynor, Coyle, The Planning Board was presented 'with' final ,maps' for the proposed minor subdivision of Mabelle'Dempenwolfj located at Horton,,Roiid & Bittersweet Lane: Nassau Fa=s, Cutehoguea N.Ye' On•motion by Mr. Moisas seconded by Mr. Raynor, it was RESOLVED that the .Southold Town Planning Board grant final: approval to the minor subdivision of Mabelle Dempenwol,fs• located at Horton Road & Bittersweet Lanes Nassau Farms, Cutchogues N.Y. Vote of the Board-'- Ayes--- Messrs: Wickham, 'Moisas Raynors Coyle. The Planning Board reviewed again the original, petition of Case Bxoa,s Cutchogue, New .-York, received fxw,the- Town Board, relative to change of zone from "A" Residential and Agricultural` District -to "BM2" Business ,Dixtr'i.ct on certain real property* together w' e . s c o s �►-1—x�epert - defining the conditions contained therein. This property is 'situat6d at Cutchogues in the Town,,of Southol e County of, ruffolk and state of New York, .and more ,particularly, bound " and .described, as follows: 'f: ,.r: .,_-h„� ;l - __ 9 a f.'�1` ) \v`1"-'1tt:^i`�..°- • _ il. '!,� �.Tr+' Y• �.x`"'.*^.�� 'F'r"^=':mss t'^-rr ,J rvi"7,k2' `F `$'�•;' - i.� .M..�A .S- :.J•v dt^ I. r^'k.{c„f:'w...r•=x 1- �"^;b .AH �c` }'',4t. .c$,"� ,+ s r,F.;," ,a•.�3i4;,tyi.:. ;c;:',�. ;x4.-=_.rax'si�' 5 ^sfs,;Kr�,,: -j•;t;< '`g i •„p, ?�i::^y �� t �><;�t s�i`y, "�"^2•';a, '• ��;.l: +��;::. .J;�rk -'Off, ,.a: ,•ter,+�;� may., ,� .d'('�}.a '9p'"-'I,ly` 'n 5k py.+.,r3i• :t•- �..�•'%�'a�1�` ^ w' ":+"� " _ 4 �'�`� ,aV R„{�,F•x" rr urt `r�"{ id }R`,w�4•a� :s s.s,Y„^•'„' � ti<�R r,.�i+^w T. , 'fd „�`w^-, , y�rfv�'v,;,., i'•y i+�' �. F'- rK=%x'"'�•`' ah 2�,rYR";*t<`F�Tti�r �,e.' t•. k i :,y��., f'-'.'-`."— ";,., a�' '.��cyr�`rc:<l.`LiSiFi�zs�,-;� #,4, z� .i ,.5{f, Fri ,. + STATEF ,�,R r ,. .: .+...., .; _.. O NEW YOkk: �^; '`. , COUNTY OF SUFFOLK:•ss: ��'�_ r.�y�t�_�yrrax;�t:� •'.�yrr��}.`���~-,� x �, .• :�-. � _ fir:--:°�;��,�-�."�;���=Nr. I, WILLIAM D. MOORS, an attorney duly admitted to practice before the courts of the State of New York do hereby affirm the following under penalty of perjury and, do hereby certify that I have compared the annexed copy of MINUTES OF THE SOUTHOLD TOWN PLANNING BOARD DATED 12/8/69 and that it is a just and true copy of the original document and of the whole thereof held in the records of the Southold Town Planning Board. In testimony whereof,I have hereunto set my hand May 7, 2003 Wilham D. Moore . r � -/i'� _ � 1 t . - `-.Cv n a.i ,. � . ,-r . .i a+1'µ%�ifif�:•Nr_ _ _ TOWh'of Southold ZSA' O Board Member APP. Name, 0 -r6x Ma. -0 File No. Searc'K. Hearing Time: 0 klV 11 DIOI File Numberj 4.-2-7.1 i:A . Name: tie: 2005 To . Fees: pp Reddingtori, Michael and Helen [: 'Received'Da� DateforwardedloTown'derk a. 11 Hamfet RTYPe ]Residential Zone TStatus jNewVii:Actlion Meeting Dates Building Dept. Ii Location Bittersweet Lane 11 1VIeeting Date ND Date /23/2005 [ShbH — Hearing Date ND Date'°' 100-32; construct dwelling on undersized lot; area Desc. variance (waiver of merger with application No. Hearing Date ND Date iv=-A copy. 5792 for lot No. 7.2) ND Date Hearing.Date Hearing Date ND Date , Ir Notes, Hearing Date ND Date -J Action Date:, ND.Date 48AM CO§ NUM Developed by the Southbld Town Data Processing I 7