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HomeMy WebLinkAbout5970 CP-Marc_Meari F CAtisJ na .s. 43 to er,'et.xy, Com. .tc!o pu x970 S - a th.) - ,abc / oy o L I ��3-s-/07 APPEALS BOARD MEMBERS • Mailing Address: Ruth D. Oliva e�' $* gt 3/4`` Southold Town Hall Gerard P. Goehringer ; 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Chains n •„, G Q Office Location: Michael A. Simon : *„.1, k 1 1Town Annex/First Floor,North Fork Bank i Leslie Kanes Weisman `COO �,d 54375 Main Road(at Youngs Avenue) .., ••'' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD f3a(Tel. (631)765-1809•Fax(631)765-9064 , '54 J1gig m. FINDINGS, DELIBERATIONS AND DETERMINATION C O `Q4a, MEETING OF JANUARY 25, 2007 S. tonfhoid b.a leri ZB File No. 5970 - HENRY OMAN and CHRISTINA J. OMAN Property Location: 1380 Bridge Lane, Cutchogue CTM 1000-85-2-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 1.637 acre parcel has 230 feet along the east side of Bridge Lane and is improved with a single-family dwelling as shown on survey prepared by John T. Metzger, Land Surveyor dated July 14, 2006. The applicants' property is situated 1306 feet north of the Main Road (N.Y.S. Route 25) and is located in the A-C Agricultural Conservation Zone District. BASIS OF APPLICATION: Zoning Code Section 280-14 (100-32), based on the Building Inspector's July 25, 2006 Notice of Disapproval concerning proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than the minimum 175 feet of width (frontage) along Bridge Lane, and with a proposed side yard setback at less than the code-required 20 feet from the division line. The applicants' parcel as exists is nonconforming with a land area of 1.637 acres and conforms to the side yard setbacks. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred to the Suffolk County Department of Planning for review and determination under the Suffolk County Administrative Code Sections A 14-14 to 23. In a reply dated December 13, 2006, the Suffolk County Department of Planning confirmed that while General Municipal Law and the Suffolk County Administrative Code mandate referrals within 500 feet from the boundary of a farm operation located in an agricultural district (property to the east), these laws do not apply to applications for area variances, the subject of this application. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2—January 25,2007 • , ZB File No. 5970—Henry Oman CTM No.85-2-5 AREA VARIANCE RELIEF REQUESTED: The applicants wish to divide their 1.6-acre nonconforming parcel into two smaller lots, as follows: Proposed Lot 1 with 40,002 square feet, and lot width of 140 feet; proposed Lot 2 with 31,314 square feet and width of 90 feet. Each of the two proposed lots will not meet the code-required minimum of 80,000 square feet and minimum lot width of 175 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Allowing the variances will increase the density of immediate neighborhood by creating two nonconforming lot where one currently exists. There are three lots to the south consisting of 1.6 acre with a single-family house; a 1.4 acre lot with a house; and a 5.5- acre lot. There is preserved agricultural acreage with a winery building to the east of the applicants' property. The lot to the west is agriculturally preserved land. There are 14 lots to the north containing approximately one acre each in size, and one lot further north near the railroad containing 9.5 acres. 2. The effect of granting the requested variances will be (and is) substantial. One of the proposed lots will require nearly a 50% reduction of code-required lot size. The second proposed lot will require an additional 61% reduction of the required lot size. Both lots will be narrower than the 100- foot required width: 95 and 90 feet, respectively. One lot will have a 16-foot side setback, where 20 feet are required. 3. The difficulty is entirely self-created. It is a result of an attempt to subdivide an existing non- conforming lot into two non-conforming lots. 4. The benefit sought by the applicants, providing a residence for their daughter, can be achieved without the need for an area variance, by constructing an addition to the existing house. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to DENY the variance as applied for. Vote of the Board: Ayes: Members Oliva, Simon and isman. Nays: Members Goehringer and Dinizio. This Resolution was duly adopte -2). Ja es Dinizio, Jr., Chairm /31Y/0 proved for Filing • • LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 FEB 7 2007 Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS February 6 , 2007 Mrs . Linda Kowalski Southold Town Zoning Board of Appeals 54375 State Route 25 P. O. Box 1179 Southold, NY 11971 RE : Henry Oman and Christina J. Oman Appeal #5970 Dear Mrs . Kowalski : I am requesting the return of the aerial map of Bridge Lane and the vicinity as well as the Subdivision Map of Ismar Acres which were previously submitted to the Board. Kindly let me know when I can pick them up. Very truly yours, 74/ _ _ Richard F. Lark RFL/bd Lit../.1,j Gtr d-,...et -w ,. x/)/11 "? as men, Mehry F CrisM)a —. /3 :0 $rr e ... CO- , -t CAO ea- ( 9 70 46a - a wrap& Pbt ;5Joy oid-r/07 02/06/2007 13:03 6317345, LARK AND FOLTS • PAGE 01/01 gOFFOuir Office Location: ,��0r �'O._ Mailing Address: �y Town Annex/First Floor,North Fork Bank z 53095 Main Road 54375 Math Road(at Youngs Avenue) 1 '+t.' P.O.Box 1179 Southold,NY 11971 _�,�� Cdr�� Southold,NY 11971-0959 http.//southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 January 30, 2007 73 -S-60 By Reaular Mail and Fax Transmission Richard F. Lark, Esq. Lark and Folts P.O. Box 793 Cutchogue, NY 11935 Re: ZBA File #5970- H. Oman Variance Application Dear Mr. Lark: Please find enclosed a copy of the Findings and Determination rendered by the Zoning Board of Appeals regarding the above application. The original was transmitted today for filing with the Town Clerk. Thank you. Very truly yours, Clyde Linda Kowalski End. Copies of Decision to: Building Department Planning Board • •/I S. pf Ou,- ELIZABETH A. NEVILLE � ,O !0 Town Hall, 53095 Main Road TOWN CLERK • P.O. Box 1179 REGISTRAR OF VITAL STATISTICS • Southold, New York 11971 MARRIAGE OFFICER aO i$ Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER S rl Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ICOU �rrrr southoldtown.northfork.net r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 22, 2006 RE: Zoning Appeal No. 5970 Transmitted herewith is Zoning Appeals No. 5970 of Henry & Christina J. Oman - the Application to the Southold Town Zoning Board of Appeals. Also enclosed are (3) copies of Surveys of the property, Subdivision Map, Aerial photograph showing tax map parcel lines, (7) color photographs, Authorization letter from the owners for Richard F. Lark to act as their agent, Applicant's Project Description, Short Environmental Assessment Form, Questionnaire for filing with the Z.B.A. Application, Applicant Transactional Disclosure Form, LWRP Consistency Assessment Form, Town of Southold Property Record Card, a sworn deposition from Chris T. Digregorio with deed and copies of Certificate of Occupancies attached, a sworn Deposition from Henry Oman with copies of deeds and Certificate of Occupancy attached, and a sworn Deposition from Richard F. Lark with a copy of the deed, Certificate of Occupancy, and Housing Code Inspection Report attached. 4111 FORM NO. 3 C,, 4,11 60 TOWN OF SOUTHOLD S 970 BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 25, 2006 TO: Lark&Folts a/c Oman PO Box 793 Southold,NY 11971 Please take notice that your application dated July 18, 2006 For a permit for a subdivision at Location of property: 1380 Bridge Lane, Cutchogue,NY fl .L'. (� ,t County Tax Map No. 1000 - Section 85 Block 2 Lot 5 � Lt; Is returned herewith and disapproved on the followin grounds,.. A r The proposed subdivision of a lot located in the R-8015' trict is not permitted pursuant to Article III, Section 100-32, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule requires a minimum lot size of 80,000 square feet, and a minimum lot width of 175 feet and a minimum single side yard setback of 20 feet. Following the proposed subdivision, proposed lot 1 will become non-conforming, with a total lot size of 40, 002 square feet, a lot width of 95.2 feet at its smallest point and the existing single family dwelling will now have a single side yard setback of 16 feet. Proposed lot 2 wi - .. = - 'me non-conforming,with a total lot size of 31,314 square feet and a lot 'a of 9. - - . Autho ' d Signal e Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. • APPLICATION TOPE SOUTHOLD TOWN ZONING SRD OF APPEALS For Office Use Only �Q Fee:$ Filed By: Date Assigned/Assignment No. J Office Notes: Parcel Location: House No. 1380 Street Bridge Lane Hamlet Cutchogue SCTM 1000 Section 85 Block 2 Lot(s) 5 Lot Size 1.637 Zone District A—C ac,.es I-(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: July 25, 2006 for a permit for a subdivision Applicant/Owner(s): Henry Oman and Christina J. Oman Mailing Address: 1380 Bridge Lane, Cutchogue, New York 11935 Telephone: (631) 734-5432 Fax: -- NOTE: If applicant is not the owner,state below if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Richard F. Lark, Esq. of Lark & Folts, Esqs. Address: P.O. Box 973, Cutchogue, New York 11935 Telephone: (631) 734-6807 Fax: (631) 734-5651 Please specify who you wish correspondence to be mailed to,from the above listed names: 0 Applicant/Owner(s) Ii Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED July 18, 2006 FOR: g Building Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use ❑Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100- 32 Subsection Type of Appeal. An Appeal is made for: IS A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal 0 has IB has not been made with respect to this property UNDER Appeal No.N/A Year N/A (for current and all prior owners). • Name of Owners : HENRY OMAN and CHRISTINA J. OMAN Appeal No. When we built our home in the 1972/1973 time frame, this area along Bridge Lane was zoned one acre and did not contain many homes . Shortly thereafter, the Planning Board approved a one-acre subdivision known as "Ismar Acres" along the easterly side of Bridge Lane immediately north of your applicants ' property. We purposely placed our home on the northerly side of the property so in the future we could setoff a building lot for one of our children. Later on this area became up-zoned to an Agricultural-Conservation District (A-C) . In effect all of the lots including your applicants have become non-conforming as there is now a requirement of 80, 000 sq. ft . for a building lot with a width of 175 ft . What your applicants are proposing is to setoff and gift a building lot to their daughter, Carroll Oman, who resides with them, so she will be able to afford to build a small home for herself on proposed Lot 2 . Our daughter is single and lives with us and although working full time, due to the high land prices in Southold Town, she is unable to purchase a lot and build a home for herself . Attached to this application are the following Exhibits : A. Map of Property prepared by Peconic Surveyors, P.C. dated July 14, 2006 showing proposed Lots 1 and 2 . B. Copy of Subdivision Map of Ismar Acres filed on March 13 , 1973 as Map No. 5872, which property is in the same neighborhood. C. Diagram of proposed house to be built on proposed Lot 2 by our daughter. D. County of Suffolk Real Property Tax Service Agency Aerial Map of this neighborhood. REASONS FOR APPEAL: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: the majority of the existing residential lots in this neighborhood on Bridge Lane, south of the railroad tracks, are non-conforming with the average building lot being rectangular in shape with an area of approximately 41, 000 to • • 42 , 000 sq. ft . in size with a lot width of approximately 130 to 135 ft . The granting of area variances will not in anyway change the pre-existing, non-conformity of these developed parcels and will not result in a significant increase in the density of the neighborhood causing any problems to surrounding properties . • (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 of the current zoning requirements, area variances will have to be obtained so that proposed Lots 1 and 2 will qualify for a minor subdivision. Therefore, the following area variances are necessary: Proposed Lot 1 : requires an area variance for a lot of 40, 002 sq. ft . with a lot width of 140 ft . Proposed Lot 2 : requires an area variance for a lot of 31, 314 sq. ft . with a lot width of 90 ft . All of the other requirements of the Bulk Schedule for this residential district are complied with the proposal . (3) The amount of relief requested is not substantial because: in applying the required balancing test weighing the benefit to your applicants against the detriment to the health, safety and welfare of the neighborhood. Viewed in a vacuum the area variances as requested, as measured against the current Bulk Schedule, are substantial . However, considering the surrounding neighborhood the proposed variances will allow one additional house to be built in this developed neighborhood. In utilizing the balancing test and viewing the neighborhood as a whole, it is seen that approximately 100± acres to the east of your applicants ' property the development rights have been sold or the property is being used as a vineyard. To the west across Bridge Lane, the development rights have also been sold and the property is being used by the Pugliese family for the development of a vineyard and winery. The point being is there will be no future subdivision development in this neighborhood. The proposed lots although slightly smaller than the existing non-conforming building lots in this neighborhood will not cause an adverse effect. Proposed Lot 1 will be almost identical with the size and width of the existing building lots on the easterly side of Bridge Lane. Proposed Lot 2 although smaller in size containing 31, 314 sq. ft . , due to the size and shape of the house proposed to be built on it by our daughter, will also be in conformity with the shape of the lots and character of this neighborhood. Therefore, utilizing the balancing test, it is submitted the granting of the variances to allow an additional house will not cause any detriment to the health, safety and welfare of the neighborhood. III • (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: it is submitted that both proposed Lots 1 and 2 will be in general conformance with the size and shape of the improved existing non-conforming building lots on Bridge Lane . Your applicants ' existing home on proposed Lot 1, and the proposed future home for our daughter on proposed Lot 2, will comply with the front, side and rear yard components of the Bulk Schedule. Further, due to the topography, setbacks and landscaping, it is submitted there will be no adverse effect on the neighborhood by allowing the construction of this house . (5) Has the alleged difficulty been self-created? (X) Yes. Does this variance involve as-built construction or activity (X) No. The self-created hardship was caused by your applicants waiting too long to setoff a lot for our daughter. The granting of the variances will not establish a negative precedent . It will be in the nature of providing affordable housing for your applicants ' family. Your applicants ' request is the minimum variance practical, given the benefits to your applicants . This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the n , +0=Frh..d and the health, safety, and welfare of the commun' 09AWILl:Z2 „000 Adler S ur- of Appellant Henry • an „a , ' 4Ia hristina J. O r Sworn to before me this 28th day of July, 2006 C Notary Public BARBARA MMMM Ro01j saw Yak eallmission EON Ca.M • •— APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Henry Oman and Christina J. Oman Date Prepared: July 28, 2006 I. For Demolition of Existing Building Areas Please describe areas being removed: Only excavation for foundation II. New Construction Areas(New Dwelling or New Additions/Extensions): See attached floor plan Dimensions of first floor extension: 32' x 37' Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 18' Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: one foot III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: N/A Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2,200 sq. f t. Proposed increase of building coverage: 32' x 37' = 1184 sq. ft. - proposed new house Square footage of your lot: Proposed Lot 1-40,002 sq.f t.; -Proposed Lot 2-31,314 sq.ft Percentage of coverage of your lot by building area: Existing - 3%; Proposed Lot 1 - 5% Proposed Lot 2 - 5% V. Purpose of New Construction Requested: To gift the land to our daughter, Carroll Oman so she can build her own home. VI. Please describe the land contours(flat,slope%,etc.)as exist and how it relates to the difficulty in meeting the code requirement(s): flat 100% Please submit seven(7)photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered(area of requested changes). 7/2002;2/2005; 1/2006 • COUNTRY LIVLNG Village Wichita #W1081 ► ; , • ro _ al m `., 1-75 �+ I A2,4 y - +. , r , i : �- • j,} ..•tom _ _. -- 4 - ems.'•--� _ PORCH BEDROOM BEDROOM 10 r 11 10 x 12 � IO�f • KIT. �I to x 7 3 7 B�. � I loft o.cr DINING / so M11 ENL EKING 17 x 17 PORCH 4 r - FLOOR PLAN 950 .q.fc, Tum-of-the-century Craftsman-style bungalows First Floor: Inspired Steven Duarte's charming cottage. 950 sq. ft. Board-and-batten siding, front and back porches Total: with fieldstone piers and a sloping roofline define 950 sqft. the exterior of this single-story retreat.The open dining and living room Is Illuminated by the wide • • • QUESTIONNAIRE • FOR FILING WITH YOUR Z.B.A.APPLICATION • A. Is the subject premises listed on the real estate market for sale? ❑Yes NI No B. Are there any proposals to change or alter land contours? DYes (1INo C. 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry qr application with the Trustees: N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any.patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (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? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: N/A . G. Do you or any co-owner also own other land close to this parcel? No If yes, please label the proximity of your lands on your map with this application. H. Please list pr :i. t us •aerations conducted at this parcel one family residence Aa and proposed use one family residence on each lot (exame�' amily, proposed: same with garage.) . ���Aer 7/28/06 A i�'' d S'_ attire and Da e 2/0S Henry p �0,,- j___eRAL.t-b -i _ 7/28/06 . chtistina J. Ort Dace • t • • 1 • • APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Oman, Henry and Christina J. (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.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: N/A Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officcr 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 applicantis 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 N/A a Submitted this 28th y of July, 2006 Signature: `i)1t,e Signature: Print Nam . Christina J(�t Print Name: my Oman • • PROJECT I.D.NUMBER. • SEQR • 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name Henry Oman and Christina J. Oman • Oman Subdivision 3.Project location: Municipality County Town of Southold County of Suffolk 4.Precise location(Street address and road Intersections,prominent landmarks,etc.or provide map) - 1380 Bridge Lane, Cutchogue, New York (SCTM #1000-085.00-02.00-005.000) 5.Is proposed action: (X)NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: To gift the proposed subdivided lot to our daughter, Carroll Oman, so she can construct her own home. 7.Amount of land affected: Total property - 1.637 acres Initially: acres; Ultimately: acres Subdivide into two lots, one with existing house - 40,002 sq. ft. , proposed house lot - , 8.Will proposed action comply with existing or other existing land use restrictions:(X )YES ( )NO If No,describe briefly: 31,314 sq. ft 9.What Is present land use in vicinity of project:(describe): (X)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)? (X)YES ( )NO If Yes,list agency(s)and permit/approvals: Suffolk County Department of Health Services - Article 6 Southold Town Planning Board - Subdivision approval 11 flnec any aspect of the artinn have a cuaently_Valid-permit nr apprnval? --- ( )YES ( NO If Yes,list agency(s)and permit/approvals: • 12.As a result of proposed action,will existing permit/approval require modification? ( )YES ( XI NO If Yes,Ilst agency(s)and permlt/approvals: I certify that the Information provided above Is true to the best of my knowledge Applicant/Spon ,,<nry Oman ✓Y Christina J. Oma Date: /28/06 `-� / a Signature: Q` B the action is In the Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Town of 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 SCTM# 1000 - 85 _ 2 - 5 The Application has been submitted to(check appropriate response): Town Board ❑ Fla umg : ea• © Building Dept. ❑x Board of Trustees ❑ 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: • • LX I Nature and extent of action: Subdivide property into two lots, one with existing house (40,002 sq. ft.) and the other lot to construct a proposed house (31,314 sq. ft.) . ,` • • Location of action: 1380 Bridge Lane, Cutchogue, New York Site acreage: 1.637 acres Present land use:. residential Present zoning classification: Agricultural-Conservation (A-C) 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: Henry Oman and Christina J. Oman (b) Mailing address: 1380 Bridge Lane, Cutchogue, New York 11935 (c) Telephone number: Area Code( ) (631) 734-5432 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No IX If yes,which state or federal agency? N/A C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes 111 No n Not Applicable Building already in place on existing lot. • Attach additional sheets if necessary - an preserve hisTorrc`aud archaeological resources ot-th Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No El Not Applicable • • Attsch additional sheets if necessary • • 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 n 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 0 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 ❑ Yes ❑ No x❑Not 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. SeeLWRP Section III— Policies; Pages 22-.. through 32 for evaluation criteria. Yes El No nNot Applicable • • • • 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 ❑No ❑ 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 El Not Applicable PUBLIC COAST POLICIES Policy 9. Provide 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❑% Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III–Policies; Pages 47 through 56 for evaluation criteria. eso aioplicable --_— — .. • • . • 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 El Not x.I Not 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® Not 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 criteria. ❑ Yes n No 1-0 Not Applicable • • --- Created - --.Created on 5/25/05 11:20 AM Henr Oman • Sworn to before me this 8th day of July, 200`6 , Notary Public eAFMARA iftwY •S�ot Nevi Yak No01014815190-Seek ComissiOn 6vikes Oa s1,20 • AUTHORIZATION We, HENRY OMAN and CHRISTINA J. OMAN, owners of the property at 1380 Bridge Lane, Cutchogue, New York (SCTM #1000-085 . 00- 02 . 00-005 . 000) , hereby authorize Richard F. Lark, Esq. of Lark & Folts, Esqs . , 28785 Main Road, Cutchogue, New York to act as our agent and handle all necessary work involved in the variance and subdivision process with the Southold Town Board of . .peals and the Southold Town Planning Board. i Hey y Oman ,,/ Christina J. an Sworn to before me this 28th day of July, 2006 630-104-4-4 Notary Public No01 4 Yak w OIM SOUTHOLD TOWN ZON BOARD OF APPEALS APPLICAIIN OF HENRY OMAN AND CHRISTINA J. O STATE OF NEW YORK: COUNTY OF SUFFOLK: HENRY OMAN, being duly sworn, deposes and says : 1 . I reside at 1380 Bridge Lane, Cutchogue, New York 11935 (SCTM #1000-085 . 00-02 . 00-005 . 000) and am one of the applicants along with my wife, Christina J. Oman to the Zoning Board of Appeals with the request to subdivide our property on the easterly side of Bridge Lane so my daughter can have her own separate house. 2 . I have read the Affidavit of Chris T. DiGregorio sworn to on September 15 , 2006 and fully agree with the statements contained therein. When I found the property it was advertised as being able to be divided into three lots . Chris T. DiGregorio and I then talked to Howard Terry and he told us in order to obtain three lots we would have to get subdivision approval from the Planning Board. However, Howard Terry said he, as Building Inspector, could divide the property into two lots and we could each build a house on a separate lot . I remember at that time asking Mr. Terry if in the future I could build another house on the property. I was informed by him that under the zoning laws to locate another house on the property I would have to obtain approval from the Planning Board and deed out the subdivided parcel because I could not have two homes on the same piece of property. 3 . On December 29, 1971, Chris T. DiGregorio and myself deeded the northerly one-half of the property to myself (a copy of this Deed is attached hereto as Exhibit 1) . Subsequently, a year later on October 3 , 1972 , a Correction Deed was made due to an error in the description and the fact I also wanted my wife, Christina, to be on the Deed when my house was finished (a copy of this Deed is attached hereto as Exhibit 2) . 4 . I obtained a Building Permit from the Howard Terry, the Southold Town Building Inspector, on April 6, 1972 and built a one-family dwelling on the property. I received a Certificate of Occupancy on September 20, 1973 (a copy of Certificate of Occupancy No. Z5468 is attached hereto as Exhibit 3) . The property remains the same today as when I built my house and as indicated in the application before the Board of Appeals . 5 . I am requesting the Board of Appeals grant my application so I can give this land to my daughter w..- ever .' ' since she was a teenager wanted to build a house property. My only regret is that I did not doj 's•' • - •efore all of the changes to the zoning laws . d v f'e . Oman Sworn to before me this 15th day � ayy of September, 2006 Si" WSUMNACHM Notary Public No 01jgpi'moirccaov,,o,�k 0air" ^E ocOcL3 ,aoot • Standard N.Y.B.T.U.Form 8002•5•71.70M—Bargain and Sale Deed. with Covenant against Grantors Acts—Individual or Corporation(single sheet)st)93 Ami Pr CY ' ONSULT YOUR LAWYESORE SIGNING THIS INSTRUMENT—THIS INSOLENT SHOULDI USED HY"LAYWERS ONLY. THIS INDENTURE,made the 29th day of December , nineteen hundred and seventy—one. BETWEEN CHRIS T. DiGREGORIO, residing at 247 Third Avenue St. • James, New York and HENRY OMAN, residing at (no its Lake Avenue, Nesconset, New York party of the first part, and HENRY OMAN, residing at (no #) Lake Avenue, Nesconset, New York party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration 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 assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ilt.thez at Peconic, Town of Southold, County of Suffolk, New York, bounded and described as follows : BEGINNING at a monument on the easterly side of Bridge Lane at the point where the southerly line of land of Kupski intersects said Go easterly side of Bridge Lane; running thence along the southerly in line of Bridge Lane, North 48° 491 40" East 322.05 feet to land of M Otto Davis ; along said land, South 43° 10' 20" East, 215.04 *feet ; ri thence North '4.5° 101 00" East 319.20 feet to the easterly side of Bridge Lane; thence along the easterly side of Bridge Lane, North 43° 501 00" West 230 feet to the Point or place of BEGINNING. g Z- 1 r TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; 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. "` -- -AND the-party-of the first part covenants that the-party of the first-part 1iis i6U 'hie or`suffered anything whereby the said premises have been encumbered 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 consid- eration 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. 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 fear first above written. S ` IN PRESENCE OF: / ST EAL ESTATE t' STATE OF —* l/A oz TRANSFER IAXl rt---NEW YORK * � /� p }; _ CRY % ' N<n Dept. OI ���� . 0 * i01 a' ' .,, TBrction JAN 1072 '—` E u O U * $ Finance P.7.I0545 , EXHIBIT fp- LIBER 7083 PAGE 4e74 STATE.OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the 29titay of December B 19 71 , before • me On the Vi 2 day of 7c'Ce/7I C 19'7i , before me personally came CHRIS T. DiGREGORIO personally came . HENRY OMAN. . . . to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrum nt, and acknowledged that executed the.foregoing instrument, and tacknowledged_that he executed the same, he executed the sam " NOT. ' ^ , :LIC NOT' : P :LIC FRANK A Bunits ER PRANK 0. BURCWNER NOTARY PUBLIC. State of New York NOTARY PUtUCe 916e.o4Ika �, b NO.n44916,4 Ma Saoyi.9911L6Wr. tit.660 TermeApt+s Nash 30 r974 Neal!kens Herdt 301 A0W STATE OF NEW YORK, COUNTY OF - is: STATE OF NEW YORK, COUNTY OP-- ---- - - 'ss: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who,being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the ; of that he knows , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said, subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. ?,.` "Aacgain anb bale flub SECTION WITH COVENANT AGAINSI'GRANTOR'S AC fs TITLE No. 07-63671 BLOCK LOT t ' COUNTY OR TOWN DiGregorio & '.Oman TO •• I r I ''- Oman . Recorded At Request of The Tide'Guarantee Company RETURN BY NAIL'TO: G '1 STANDARD FORM OF NEW YORK BOARD OF TME UNDERWRITERS Distributed by WILLIAM J. PORTER, E !, 1820 Middle Co . , Rd. THE TITLE GUARANTEE COMPANY Centereac i. Y. 11720 c, : .) 585-4050 Zip No. c Tl/• /Y7/./...,•://- tie tiYf4 ti1•.J / g z � � (/ ' o . RECORDED R W , 2 JAN 10 .1872 M W 4 -33 K ^ i tESTER M. ALBERTSON , : , .,:1I. Clerk of Suffolk County P N Z .. d WN : .i ate •.. r I Standard N.Y.B FoamB 02- SJ'a�1 OM Bargain and Sale Deed, with Covenant against Son Acts—Individual oa Coapouaion(aingle!heew) . CONSULT YOUR LAWYEIDFORE SIGNING THIS INSTRUMENT—THIS INS ENT SHOULD BE USED BY LAWYERS ONLY. v3[R7257 rAcE132 THIS INDENTURE,made the 3,4day of , nineteen hundred and seventy,-two ' BETWEEN' CHRIS T. DiGREGORIO, residing at (no number) Bridge -Lane Cutchogue; New York and HENRY OMAN, residing at 198 Lake Avenue, ? T-3849.' Nesconset; New York 11767, ATIC ir 07-63671 .. party of the first part, and HENRY OMAN and CHRISTINA J. OMAN, . his wife, t'a8 tenants by the entirety, both residing at 198 Lake Avenue, Neseonset, New York 11767, .ro party of the second part, r167# WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration 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 assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being iflEe at Peconic, Town of Southold, County of Suffolk, New •-; u) York, bounded and described as follows: BEGINNING at a monument on the easterly side of Bridge,Lane at s4 the point where the southerly line of land of Krupaki- intersects said easterly side of Bridge Lane; o RUNNING THENCE along the southerly line of said land of Krupski North 48 degrees 49 minutes 40 seconds East 322.05 feet to land of ` Davids: ' THENCE along said land of Davids, South 43 degrees 10 minutes 20 seconds East, 215.04 feet; THENCE South_.46 degrees 10 minutes 00 seconds West 319.20 feet 13 r. oc to the easterly side of Bridge Lane.; THENCE along the easterly side of Bridge Lane, North 43 degrees 50 minutes 00 seconds West 230 feet to the point or place of beginning. This deed is given for the purpose of correcting the description' contained in deed recorded in Liber 7083 cp 493) and -the omission of CAnris4Inc S. Osman a5 one DC 'lent Gran-}ee'S, TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; 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. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered 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 consid- eration 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. 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 ecuted this deed the day and—year first above written. ?•- /' , " IN PRESENCE OF: V .L.— J4-/ , _A�.ii, _ (L.S,) a, 2 (Chris T. are: •, iv''/ / (Henry Oma,P"' £XG1IBa A a ' .' . d USER 7257 PAGE 133 STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the .7S-day of October 19 72 , before me On the 3"-Mity of October 19 77b before me personally came personally came CHRIS T. DiGREGORIO HENRY OMAN to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument,, and acknowledged that . he executes he same, he executed the /I L'./i, A . + A /1.,,ai ' Notary Public / No ary Public RENSSELAER G. TERRY, JR. RENSSELAER G. TERRY,JR. Notary Public, State of New York NotaryPublic, State of New York Residing in Suffolk Counly Residing in Suffolk County No. 52-3954850 No. 52-3954850 My Commission Expires March 30, 1973 MY Commission Expires March 30, 1973 STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me On the day of 19 , before me personally camew rw� to me known, who, being by me duly sworn, did depose and F l,'J` i 7_7.5'7. ,t"i•'A say that he resides at No. REAL— ''ESTATE-. -+�'�� t C; -- t -� ' e� Q TRANSFER TAX Vgr_ -.ow _ that he is the ti� i-. of &o co igCI't of;, r i. 490f1 •MT-t_AT-v l•=, t Tci,tir, OCT5T2 --< ; the corporation described c i+' 'Y "4 Tri �- & flfltlflCC PB IO94S'- "'-t kr4I 'r* ( le in and which executed the foregoing instrument; that he T *Ili-, knows the seal of said corporation; that the seal affixed . ! -i' r-ti*,--(,-�j x.}Fir,1)' w;41' ' ?,F to said instrument is such corporate seal; that it was so that he, said subscribing witness, was presenraiie saw affixed by.order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. • T-3849 Jargain anb bale ;Bab WITH COVENANT AGAINST GRANTT 'OR'S AC 'S SECTION - 1TITt.e No. AT IC # 07-63671 BLOCK LOT CHRIS T. DiGREGORIO and COUNTY OR TOWN HENRY 'OMAN QTO HENRY OMAN and Recorded At Request of The Title Guarantee,Company .� CHRISTINA J. OMAN, his wife RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS ' Distributed by RENSSELAER G. TERRY, Jr, THE TITLE GUARANTEE COMPANY ATTORNEY -AT- LAW BOUTHOLD, N. Y. I G i ,: Zip No. 1177/ 7/ W tJ . I' 0 \rte' 17r r .. C.' Z Yla ec ec a tn_ UO a 0 O to N txt 0uJ ul 0 e' - Fti tuP V aa D4 U ex et N `tea .E+H C la f, - . . Ii , • • FORM NO. 4 131, TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z51+68 Date Sept 20 , 19.73. THIS CERTIFIES thatthe building located at . 1 .kriagc Lane Street Map No. X Block No. "Lx. Lot N& x Cutchogue conforms substantially to the Application for Building Permit heretofore filed in this office dated April 6 , 19.7.?. pursuant to which Building Permit No. 57982 dated kp?'i.1- 6 , 1972. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private one family dwelling The certificate is issued to Henry Oman Owner (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . ,Sept • ,19. . .1973 by R. Villa UNDERWRITERS CERTIFICATE No: .N. .111112.3 • . . Sept 12 1973 HOUSE NUMBER. . 1380 Street. . . .13,ridge. Laze gi-eA) Building Inspector EXHIBIT 3 • • SOUTHOLD TOWN ZONING BOARD OF APPEALS APPLICATION OF HENRY OMAN AND CHRISTINA J. OMAN STATE OF WEST VIRGINIA: . ss . COUNTY OF JEFFERSON CHRIS T. DiGREGORIO, being duly sworn, deposes and says : 1 . I am retired from the Suffolk County Police Department and presently reside at 2498 Ridge Road, Shenandoah Junction, West Virginia 25442 . I am the previous owner of premises at 1120 Bridge Lane, Cutchogue, New York 11935 (SCTM #1000-085 . 00- 02 . 00-006 . 000) . Originally I purchased this property with Henry Oman on August 10, 1971 . 2 . From my personal knowledge and review of my records I am setting forth in this Affidavit the facts and circumstances concerning the purchase of this property and the building of my home on it . 3 . I have known Henry Oman all of my adult life . In the late 1960 ' s and early 1970 ' s we were both Suffolk County Police Officers assigned to the Fourth Precinct . In 1971, Henry Oman and I discussed with each other that we both wanted to move out east into Southold Town. At that time, Henry Oman lived in Nesconset and I lived in St . James, New York. 4 . Sometime in the Spring of 1971, Henry Oman, found a large piece of vacant property on the easterly side of Bridge Lane in Cutchogue, New York. He asked me to come and take a look at the property and I walked it with Henry Oman. I really liked the property but it was over three acres and too large for my budget . All I wanted to do was to find a piece of property where I could build my house. It was advertised as three building lots and Henry Oman came up with the idea that we would buy it, subdivide the property and each build a house on the lot and sell the third lot . I told him I could not afford to speculate, but I was willing to buy it if I could obtain a mortgage to build my home on a portion of it . 5 . Due to my family background (my father had served on the Zoning Board of Appeals in the Town of Smithtown) , I was familiar with zoning and the regulations concerning lot sizes and- the location of buildings on property. I informed Mr. Oman I would like to purchase the property, but it would have to be checked out and approved in advance by the Southold Town officials so we could divide the property and each build a house. The reason I told this to Henry Oman is that I was not financially able to buy the property and speculate on a subdivision. Henry Oman agreed with me and after I checked with my attorney, William Porter, he told me to speak directly with the Building Inspector in Southold • • Town. If I remember the names correctly, the Building Inspectors were Howard Terry and George Fisher. I was informed by the Building Inspectors that they made the determinations concerning Building Permits for location of houses on property and the granting of Certificates of Occupancy after they were built . After I talked with these Building Inspectors, Mr. Terry informed me he was familiar with the property and there would be no problem in dividing the property right down the middle . However, I was told I would have to provide them with a survey showing where we each wanted to build our homes and also would have to obtain Health Department approval . If I wanted to have a third legal building lot, I would have to obtain Planning Board approval . As a result of these conversations with my attorney, William Porter and the Building Inspectors, Howard Terry and George Fisher, Henry Oman and I decided to purchase the property with the idea of dividing it into two parcels . As a result I got busy and put together a set of building plans because I wanted to make sure I could in fact build on the premises as it was my intention to sell my home in St . James and then move my family to Cutchogue after I completed building the house. 6 . Henry Oman and I then closed title with the sellers, Albert Barbanel and Blanche Barbanel and their attorney, Charles Raffe' s wife, Olivia Raffe on August 10, 1971 (a copy of this Deed is attached hereto as Exhibit A) . I then took a copy of ' the Deed along with a map to Howard Terry. On August 26, 1971, I was issued a Building Permit for a one-family house. I had obtained a mortgage commitment from Riverhead Savings Bank and on December 29, 1971, the day before my bank closing on the first building loan advance, I and Henry Oman executed the Deed to the northerly half of the property to Henry Oman, and the southerly half of the property to myself (copies of these Deeds are attached hereto as Exhibits B and C) . 7. To save money I acted as a general contractor on the construction of my house. In the latter part of 1972 my house was completed and I received a Certificate of Occupancy from the Southold Town Building Department (a copy of Certificate of Occupancy No. Z4755 dated December 21, 1972 is attached hereto as Exhibit D) . I moved into the premises and there were no changes until March of 1973 when I applied to the Building Department to put up a barn and a small corral for a horse . I received a Certificate of Occupancy for this barn and shed on May 22 , 1973 (a copy of Certificate of Occupancy No. Z5157 is attached hereto as Exhibit E) . In 1978 I sold the property to Kenneth V. Hancock and his wife, Barbara M. Hancock and transferred title on August 31, 1978 (a copy of the Deed is attached hereto as Exhibit F) . 8 . I also wish to inform the Board of Appeals that when I located my house on the property it was decided by Henry Oman and myself to put my house on the southerly side of my property as Henry Oman had agreed to place his house on the northerly side of his property. This was done to keep a lot of open space between the homes with the notion we had room to put up additional • • buildings . As I indicated I subsequently did so and Henry Oman had informed me at the time that he might possibly want in the future to build another house for one of his daughters for which he refers to as the middle lot . 9 . I also wish to inform the Board of Appeals that I have no financial interest in Henry Oman and Christina J. Oman' s application to subdivide their property in order to build a home for their daughter, Carroll Oman. However, if there are any questions the Board of Appeals has, if I am contacted, I would gladly furnish any additional information I have in my possession. 012;clo • „,,,„Th Chris T. DiGregor o Sworn to before me this day of September, 2006 MdPIRCERCIALSEAL 1p, +�GRtNILCtEYEIpER / ' am t84g60,11mpbsistoawv25eu —Notary Pu is ` trV c1C}'rE''L2 (/1 `l be)/ o „•,/„,!.:: ,,I,.,;1,.. lr ' YPE III r �1 r�'\{ `.. pl \t` `'d ,—b nr�.n a ori, Uc111 A•, 1.-r r, r rr.r�'.+m r A r It tin 1� \ 4 r ,. e�,1 ! • .CONSULT YOUR LAWYER nEFORE SIGNING TRIS INSTRUMENT—THIS INSTRUMENt SHOULD BE USED BY-LAWYERS Oval•.'• Ttd1S INDENTURE, -' the 111th dui• of rluCusl iwu,''n,hlin hrd and scvcuty-uuo BET\VEEIV r\I.BLR`1• BARBANEd and BLANci.1/2'r BAR BAN, his vif,-, both rosy t�O trander Avenue. Rive.rhend, New York, am1.:OLIVIA .R .FFE, tt ,xdin 'aiDaiv Cout•t,..Riverhead, New York. r� party'of the first part, aui CHRIS T, biGREGORIO residing at hird nue, tit. Junes. vett pi or;., and IIENRY'OMA,N. residing at1Lak A247venueT , NescAveonsetl. NrRl` rrl , as , his in�c omznon, para”of the second part,, i ,n ts'1TNESSETH,that the party of the first ppaarrtt,in consideration of Ten Dollar+and other valuable consideration paid by the party of the second part,does hereby not and release unto the patty of the second part,the Item or successors and assigns of the party of the second forever, A' L'that certain plot, pieceAor parcel of land, with".the buildings and improvemmb thereon erected, ituate. lying and being itr4tr at Pec.onie, Town of Southold,-County•of.Suffolk, Neve. Y ort:; Sounded and descr4.tbectas follows ." BEGINNING at a mon• ument on the easterly s'�of Bridge Lang at the soul t- v,este'rly corner premises described;andrno,k-1.* csterly •coiner of:land o-c • phi, y•�F said"moi uiuent being 1051, 73 feet from into ilial Of f'they easterly, side of I'rirl�_ .fJatte and the north( ..side of Main Road; thence N6r, . -.+ 50' 0C1,I0, 2m ,.�4 i nn t et; ih act North S° 'u' 10'' East 322,05 feet; thence South F3° 10' 20'' I:,:ua 3K Ou It .1; 'in^uz South •-i o 101 00'' est 316, G2 feet to the point orp] u c nt 1„,,,,, • �:"'tarn^, I ;+ The llaxtirs of thrt second part'have tan OuSly' h fir s h etlrochted a put t4, s,• ri m ottev mottt.t .• rivthitrw in favor• of the partit ,`of the.+firut part to th. am''ii it .I a"17 ,t%'� $3i�Ob0;OCie „..*<,.. � i ,; ”. ,r 74'..(6.:,•� a, '+ tt rt v + t •1 , Y .11 r')..m' f 41; x ' 1 v ' ,- q n v / t .:•) g +� r r4 'y.P Ire ill X41, t ' tr t Fal:_ L '; f t I : S co t 4,‘i .t r iii'' f{I1 Ir '.A L n fl r „may 1 .. �' 1C11'� ,1 t ' r (- r t. i, .' I e lo• r , ^. , , . i'''' ',HER whitall rtt.ht heir and interest, .1 ny;-of theparty;.tlr t°s't p ot,to and to my greets end .'-t-71°.2- the abota descrtt ed pretntsetl,to therelntet lines ,1`O('r?ThEsi'with the and'ali %'iestate and :e.aatofthe party'of the first•,,ppaatt.• 't , 1"d` retnisaitttce HAV AND TO':' 'EOL[ 'h :premises herein,granted"unto the patty Of'the p tt, eyhtltt.'or'WCeusors and assigns of the part of thease'xmd pact fdrevt. ru " AND t5 .party 'fthe Art part co+atants that the party of a fust.part haS riot done"or suffered anything whereb tbic sant tem s have,been encumbered itt' any wa . -,.- . r, wccept<4sd aforesaid AW•D t, ck-sai"of the'li t..PaR• m comp• liance with. lection l3°of tete Lfm'1.ht, oovtmpb that the party of . -theta tClia will receive the consideration for thio1- f ce and il:oi k°the right to receive such•con+id- r'ratattqq,, q Nei fund to the appl a first-for:the pgrpqseof pay>pg th itbf the improve eat and will apply r .the sdruf first to the paynunt of the'cost of tiye tmatrovemmt before teeing auy part- th total of the sone or any then purlwse < , 1Tbe out,'patty' hall-he construed as if it-rea t" attics' whenever.ihetsense;of thfp`lndenture so requires ( y \ y p,` �itlipj 'a t "*47 titer 74i'''-'411:=.•da 'r,*,- A c a '"� w, ;,' "d •,,y„,„'x to s 4.,,,,,,,,:,.,' .. s �i W 6 ,t' h 'r' r 31 r { 7 } .. • 'a* w y1x+ a� 1 i ^e: t(.: ( qI^ �r , u ca ' '' ° w ", im' ' rf 111 �' f?.6 ,.,,, s r ,d sax .a ,5 ,.. Itti, ` r Lst;rice s .,, tMlPi f ti _ 1.. ti - qtr ' ''''` 'a },':rah .�+' a ' s'. ....4.6444=';';� arilaStelti'r gr f ft (( '- X , i _ 1t P r ,I - ! i • ''ittt'G�ct'I.&1).1,:6;.,.;sLc.. ( •_i I • L'• M [ �3 � i ty'-a rz"�. a < e2 �f r ', BI`tnCftC Bat'b�$•,c1 de,a. p ; Fa & n 1.y.y in< 4 , h a t" Y t ',,,-,.:44 rrS .0 _u •1 .S�I1 RF tt 1n til :. 41,i n '� , 1 IJre •(nt1'c . A1�•'Q. ' __ I.. K. y ) u, h i L tafta �� r. §,. ,i "+ m } E ' [� e.. Y A .r,r. - R VLitx, f! ..t� A ' `A , r s. . e, ^rr f15y144.'441.- f qtu ,. .. ",'*trz',': 4' `7..,14, �. 'Rr ,l, ' x , C--:''.",197 r a ... >z > ' y v , '� }5„,,,,....., ,,,,,,,,,,i ,,,,,,,„ y,:;:r,-•`",i2.-4,::::, ' 1'� ) ° 3 ` ° y •. ' +h M. ' '' '3 `+"r44A i 5 •• q j ��y+� ' 'y "� i': ,,, : y yob r''Ir.c ,�� 1 M e';'.�`ywi" fF�r{*;.'‘.1}' t ' I Y r is.., r t I ty, I!1:4� f fi' jY T rrMN[l 1� ' ��tr1L,Y. •, tom taco.,��1 .",I, - •— ' — LM1f �. AVSW r W.. M . . 4 r_y, ,.., _ _ : I fi�1s36 ' I YAhf,4JQ, 1[,t r ofNF.W YORK,rCOUNTYOF SURF FOLK SS I STATE or NEW YORK. COUNTY or of`.'"August�.- 19`7,1 ,before me On the - day of I9. .brici' m.dly cane Albert Barbanel, Blanche personally came h,ntCl enol Oljv�u Raifc'. I.. t.' m D.utwn to he the tnilrviduals•�describe d m 'tnd Who 2fb me known to be.thy r.ldilunent daicrrbrd m .gill e•,r catrxl.,the' -Ito iug n ...v. enc, and,acknowledged.-that,4),.',,,Y:.c.eculed the (ave{oml' uDtEluncut, and ar.knowlr,!grd t lh 'y executedithe svn¢ >*r' -'i h 4`� < exraued the same r hlotaty x?ix�r v"SYiffnlf.•GOtir1 Nola)i',.'1'11`.. i,m i i.tiyry N 52',O.,) air . C1l! 1 h ttfl 1.-c '4 \C 'w ns:.cn lxp rU.t. ell J, /ra fP•L uF NEW YORK, COIJN1Y OF $Se# '` STATE OF NEW YORK, COU NTT OF day o' . '� l9 fat:.nit,' 'On the d } of 1 r . hcic l r r riit'`r3me t er•sottally came u. I,nuxn who, tei.l by me duly sworn, did do pose and the Mali C hmg whin ss cu the t, nhaml nut runwue r• he resirlecat Ido c'.whom I ant personally a ithaat rd, who, being in• w. � ,•sworn, did depose and say that he resides at No. !1... ire is the .that he knows the corporatlop_drscrihed ni and which i'xecuted the foregoing instrument that :-hen to he the ui; 1:310,1/4-i Situ'seal urn( said cofporatiott,'tItat-the coal'affixed a described in and who executed the foregoing instrr: I w instrument"is such corporate seal that It aas'sO that. he, said subscribing wane..;, was pre enc rn 1nx •J .by`rordct of the board ofcdtr,ecttffsntif,acrd tor{..C1. ,t„ - i execute the same:and that iic said:w ,}c m, acid that, he signed h z name thaIeto'by hike order t at the same time sub cribed h' name as witness t' vc,„ '. -':. t•. . littrguit;.attl 'ate lrrd, " sefnoN i rN t OVt NAN'1 At.AIN)Ta.,C ilANt0R S ACB,Sr DLOGK 0T ' ilti � N/r•y vtyr Jvr 'k x .45 %`C r. } - > -,-- � - .5,-.„)",?;., iouNtl'.YMa�'`:. .. of Smflol. : I ERI BARBANEIr, cBIs 3N�HE " r,,,•, Town of soul hold I; \It DANEL ND OLIVIA RAFFE F t'ItR[S T DIGREGORIf�',"AND I]ENR OMAN, H, mJoI Ar Rr wen ,a n ulran lsat In urance 401111 1n11ahts in comtnon xt:rt'R� RY +tn¢ ro. STANDARD FORM OF1 NFY/YORK BOARD OF r11LE UNDERWRITERS a 1,4/1„,/..a/1:$4/:,,,,,,,%10,,,,,;-)(„- t r[ // F ✓T / [ [ :4diC.,(4 V �.a-J ,�r�i� L.�., f��i . i. G� x,r N.,.; rx�mu (TITLE ' _. . INSURANCE COMPANY' _.___.___.___ ' . .. .. .. r n r nnnriii,lt•[rirtann'" nnq{nn . ' ,.r. yr ten, ' ~"' w. . - r-o : f- c� x, ep ' ey j .. I,' . u r. �- fes ._ µ varr"k oa,.ra,.. fy. ,tedd..&&r • a" ° Iv y z rn"'; r✓' ,�.. r . \A,t II ? +z _._. _ 1111 .. i ,- e2 b IS• p 4" 9 :isQ +r.,a-3.xn•.,W.xxMb..<�yvka¢n:&dal n. 'c,-. .:,;:fir beet's . 'Ikla r..1. Al �1 Standard N.Y.B.T.U.Form 8002.5-71-70M—Bargain and Sale Deed,with Covenant against uranroa's Acts—Individual 01 Lorpotumn pingie meet? \QC) \ LbilAli'lISQ7PL:d/V RS�N 15 9 ONSULT YOUR LAWYER RE SIGNING THIS INSTRUMENT—THIS INST T SHOP E O LY. 71 THIS INDENTURE,made the 29th day of December , nineteen hundred and seventy—one: BETWEEN , CHRIS Te DiGREGORIO , residing at 247 Third Avenue St. James, New York and HENRY OMAN, residing at (no #5 Lake Avenue, Nesconset, New York party of the first part, and • HENRY OMAN , residing at (no #) Lake Avenue, Nesconset, New York party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration 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 assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being itt.ffibc at Peconic , Town of Southold, County of Suffolk, New. York, bounded and described as follows : BEGINNING at a monument on the easterly side of Bridge Lane at the ' EN- point where the southerly line of land of Kupski intersects said 00 easterly side of Bridge Lane; running thence along the southerly tf, line of Bridge Lane, North 48° 491 40" East 322.05 feet to land of Otto Davis ; along said land, South 43° 101 20" East, 215.04 'feet; vi thence North '45:? 101 00" East 319.20 feet to the easterly side of Bridge Lane; thence along the easterly side of Bridge Lane, North 1llli 43° 501 00" West 230 feet to the point or place of BEGINNING. o t -- { 1 1 ti. a: Y W al. le TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and. roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; 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. AND the party-of the first part covenants that the party of the first part has not—done-or suffered anything —1 whereby the said premises have been encumbered 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 consid- eration 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. 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 andyear first above , written. IN PRESENCE OF: ` J to U" al iliAL'ESTAfh ""-- ST'A't£ OF. t •/ • oz TRANSFERTAX�,7 *NEWYORK * � /� .!/ Nu � -!Dept. of J'' t .ai RY • N aa> Taxation �aNIo172 fn. 0 0 * _ &Finance P.B.10945 _ —* VV ' EXHIBIT 1 LIBER 70$3 PAGE 4UItt STATE.OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the 29t1'Uay of December, 19 71 , me On the 20 day of 17ece/abet.2. 197/ , before me personally came CHRIS T. DiGREGORIO personally came HENRY OMAN. . . _. ....__ ._ _.... to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrum nt, and acknowledged that executed the foregoing. instrument, and'.acknowledged_that he executed the same. he executed the sam irI' i� 1 //Az 41" C NOT ' • ,BLIC NOT. t+ P :LIC I FRANK a BURCKNER PRANK O. BURCHWER NOTARY PUBLIC, State of New York ftOTARt( PNBuc., slafe.eRNap W. Nin SSOS91tCr6 No.524491625 ;. Qwfifld b SAWA Conn litaantWl iR WEAKCoso0 Tam a tions March s0, l9 $ Vass Urea Hush ae wird I STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF - -- ss: - I. On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the that he knows : the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said. subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. — -- fiaegain anb bate ;Bab SECTION WITH COVENANT AGAINST GRANTOR'S ACT'S TITLE No. 07-63671 BLOCK I LOT t COUNTY OR TOWN DiGregorio & Oman 1O . i a . '4 .Oman Recorded At Request of The Tide Guarantee Company - RETURN BY MAIL'TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS WILLIAM 1. PORTER, E 1, , Distributed by THE TITLE GUARANTEE COMPANY 1820 Middle Co ' f Rd. I Centereac q. Y. 11720 c • t) 5854050 • zip No. 4i .s�iml f6 hJ y yW ,-c4J gm TA , E Z r . Aget-le L/O / !i 7/e ,{�/f'L�pc 0 ieuk,litieezat, /2, xmy re re RECORDED OS JAN 10 .197 0 ,.4 ,3, f M. i LESTER M. ALBERTSON N Clerk of Suffolk County u) Z M'' p4. 5. W Y .. Standard N.Y.B.1.U.Form 8002•5-71.70M—Bargain and Sale Deed. with Covenant against urantor s Acu—mmva.uat at v gm sueey p V� � LIBER t n PAGE471 . t 0400 CONSULT YOUR LAWY RE SIGNING THIS INSTRUMENT—THIS INS.ENT SHOULD BE USED BY LAWYERS ONLY. psideopoest #tee THIS INDENTURE,made the 29th clay of December , nineteen hundred and seventy-ones t BETWEEN CHRIS T. DiGREGORIO, residing at 247 Third Avenue St. James, New York and HENRY OMAN, residing at (no #) , Lake Avenue, Nesconset , New York ,_ party Qf the first part, and -CHRIS T. DiGREGORIO, residing at ?y47 Third Avenue, St. James, New York party of the second part, 0 WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration 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 assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingjgi►11Sr at Peconic, Town of Southold, County of Suffolk, New York, bounded and described as follows : BEGINNING at a monument on the easterly side of Bridge Lane at the southwesterly corner premises described and northwesterly corner of land of Zaveski said monument being 1081.73 feet from intersection of the easterly side of Bridge Lane and the northerly side of Main Road; thence North 43° 501 00" West 224.00 feet; thence North 45° 101 00"%t East 319.20 feet ; thence South 43° 101 20" East 224.02 feet; thence il South 46° 101 00" West 316.62 feet to the point or place of BEGINNING. • ro um _. - _____.__—. .L ee • • TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; 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. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered 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 consid- eration 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. 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 ant year rst above written: IN PRESENCE OF: ‘ �� I ___ - q,. y .. .,..,. .. — CHRI �. DAT GORIO , UV " ' REAL ESTAit '''', .,:i-f- STATE STATE Of * �� lett .i Y� E TRANSFER TAA;\-- l NEW YORK * — Ha RY 1''r` • anv :.-ata �rptnroln JAN1012 . -_—). 0 0. 0 0 * • r• ,_'.A Finance 0B.10945 . -* — . EDIT C 7083 492 Lea PACE . STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF SUFFOLK ss: 1 k mem I On the , 9 .• dayof•. IstoemberF 1971 , before me On the ol9g day of i*ece..ry,,6er 191/ , befogtete , personally came CL$ •T. DiGREGORIO personally came HENRY OMAN 1 to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the .- . he executed the same./i: . i a/ - 1 Alta NOTARY ' c IC pp NO Y 'UBLIC • Feo,VAf(� Aa re//Veit FRANK O. B JRi.':'NER �RQnk O. g1�r�t1e TAItANK O' flURCrrNCR e i No NOTARY OIJIILA et Neo v e.' Lp PuSnlec ,unt.rc, nf,,, of Naw Yo //�u B��G No. 521A No• 52.0491625 *' `- Ot,tkctiOr, Qualified : 'ee ly luTeq� O bja.a 4etc. Qualified in „uffolk fouuhi . . Vertu 1.--p : .11, 1'. 3 len" Lspires Matea so, ,t9.p� A4. 51;2-0W/4+01Y.�y No. sa-ayq l e sr�r� /' Hera/.(' end' 4K.a ui'tec . ic. Sac_C_bwyvki QIw/,•�rcD �� tf' Mew G,[,oi.Crs Races c94, /973 Term aptres4 (-latest. 30, 191 3 STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK,.QQUNT,Y,FOF+-- -•••••-••••••••-..---ss:- - On the. . • '• ,day of-''F'' 19 , before me On the day of ^""' • -a. 19+ , before me personally atilt . ,. .•- personally came to mgicnolvii', who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the ; of that he knows , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. • 3Bargain anb *ale aceb SECTION WITH COVENANT AGAINST GRAN'TOR'S ACTS TITLE No. 07-63671 BLOCK LOT DiGregorio & Oman COUNTY OR TOWN • I TO i • I DiGregorio g Recorded At Request of The'Title Guarantee Company "t. 'i RETURN-BY MALL TO: " ' STANDARD FORM OF NEW YORK BOARD OF TItuE UNDERWRITERS I Distributed by WILLIAM 1. PORTER, 'ESQ. THE TITLE GUARANTEE COMPANY 1820 Middle Count Centereach - - 11720 ) r A 585-4050 Zip No. i rph,. .- .� >.-/ gi b W ) r .. . 9 - • • C Z /0 leeleaeLat; 1,9, )16701 Y • CO i"' O - y F- z c To N moi .� Bzt to •-...SY t IX Q O G SJO , o • et 2 ,y _ tom, EL - tO O • C W _ .y.: N — ‘41 M • • _ m % ' f�. • t.tYle . C FORM NO. 4 • • .• .... TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z y)5. Date c7.1 . . DIFC.. . ., 197 THIS CERTIFIES that the building located at 1.1.2.0. .&K.t.D6E • . .LArl F Street CNORTH OF /•Q BIN NCAA\ Map No. . . . .,.. Block No. — Lot No. . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated .2 o. R i'6, 19.7j.. pursuant to which Building Permit No... y s, dated 2.7 A U 6-, 197/ ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued iss.. A.. . . C.N•E t FR!m.I. LY• bw.L .LL.1.N.6-. . . wt. TH fJ•ON .N.A0.1 ABLE The certificate is issued Ito ?_ N D f t o c (SE r "Nero " SE Lou)u) C > I>31 .5. . . . I eE'ownerr,l, �fIPr/ t'i9t) of the aforesaid building. Suffolk County Department of Health Approval 5 heC 1972. sy Vii. L P WITH UNDEA STAN 0t N6-t NOT Tc 8t USED fen, BFBY 'S t=07?MULA UNDERWRITERS CER1"IPiriN•E No N 1 aro HOUSE NUMBER. . .1 .1. ZD. . .Stree t $RtD.G.E. . . . LANE. C.t iCHr&ut IDtirk.T.H . . DF. .t'M•A!1l . . t' e4. OP� PETE 2ND FLONOT IINISHED /AND IS NON H • TThot at. t A toil _o, NO- • • • • . . . . f!%t. . . .. ?ERP1t-T 'no SPE CTi0NS t G• O . Building Inspector RL QUIRE D TO MA!< C or< USt._ AS f%A3, TABLE SPACE eid .L+C-%r•l &z' P � e `I // etpa.,a'///S-. .Lo.1uJ EXHIBIT .D • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Cleric's Office Southold, N. Y. Certificate Of Occupancy No. X5157 Date May 22 , 19.73 . THIS CERTIFIES that the building located at . . . /.S. . .bridge La Street Map No. xx Block No. xx Lot No. xx Cutchogue N.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated Mar 25 , 1973. . pursuant to which Building Permit No. .6436Z . dated Mar . . . 26 . ., 19 73 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Private Accessory, .building — barn .&. storage The certificate is issued to Chris DiGregorio ownex (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N.R. UNDERWRITERS CERTIFICATE No N.R. HOUSE NUMBER 1120 Street Bridge La Building Inspector _ G • • a c+7Ly :.; .1 ' , a,wnre rl.r.a T tl efts mu•tor mu•ear wd5*0at wears a[t+►e,*"'A ae.-4 iameme teem I M OCelan..nus Tees tortoni.firashs essmesaystt letemseileeMset . T.—HA,t`.. N.Y•S• t�p�ry YID 4:4 Transfer I$0•8413 93 f%11. Tax r t. made the 31st day et August ;el-Mp.weheeis'•r' ; £s,. $68.7 s8lNmt t -. {.i/ CISie13 T. OlORE0pRI0, residing at Lao .N) Mat'a' : 'v..:':=_ . New York, :•f, "� ,,t1 1.' ,p 00D tfnSC L -,'• .. i -->-n..— l-FT ' St. residing d sat 1 iO Ridg T . • • •fir. ►' -.• t s: .. at 11Z1f' Bridge L14ete, 4sG • ySla!` , .i 085.00 e too02.00 1.1,„.r.,..1' . ' 7v 14L far • pant al the mond put. Y rnoman t,that die pug d**A rse peprt,In consider Me of Ten pars and adv. • ft,,,l.� ,.[sr,2• ,• 006.000. -04,40,;b, y of sr mom put,pee wry Font and Seam onto the party d tie e tdeM 4 1e r"- •et�apof the puny d the west pan foresee.,., , : ,,lt q „ .•i.. MM endo plat,piece a parad of lyd,with the ', •„4,,,,,,,,,..,: '. I Wel eadirks Stabs at. Peabtic. Town.of Sou ► Sr'? l4:; `-4••• ' stete'of new.xork, bounded and described as fondest • 4�, -s-- --Is"' oat• 11.11 ...." . f;OIIININ; I at a monument on thu easterly sided,of fat '": at the southwesterly corner of premises beret'-descri� 5<,h,. :'ti westerly corner of Saveski said monument being 1083.73 f4 :,;,t.l „ r intersection of land now or formerly of the eseteriy a r ,; ,;,,t , Lane and the northerly side of Main !load, thence 'North 43r". :f `..,p woes 224.00 fast, thence worth 460 10' 00" Eat 919.20 - ......, .. South 43' 10' 20• East 224.02 feet, thenade"dilh 46' 20' , iy,,�.rte ' 316.62 feet to the point or place of SZOINNING• . •••'. ` R' .s$,INfi Asp INTENDED TO ez the sea,' `s Lsep �eM. ,qr. party of•'Ehi •first part by deed dated,•t t ' A t . in the Suffolk County Clark's cities .tin J 3 's8J rx - a „t..1-- . 7083 Page 491. # ;IRwly .• i; . :5' � r so, .7 Sig :ycm:: .1. .jr. TOGETHER with eh right,title and intern,if any,of are puny of ik en kr y -,..Y n..vh abutting the ebrne denetbd premises to the Steer lila and all the eatete and r,',�1us of the Forty of the Me put le%twt td,aid 1400/141 ' 4:•'-+'+- ,, DOLT)the premises Mode anomie&tare the party et du seaed'1sttiele Lein ur ..• v „4 the party of lite second part forever. :; '` .[i AND the party of the first part Cotenants that the party of 1M arae put lei not dem or ma'eree L •.�i, whereby the acid -nitre have been encumbered is whatner as ehwretd. . ' -,.+:4--.; I pr Y nY en Lar•.. AND the pant of the An pan.in compliance with Section Il of the rJen Lew,oawmasta dee • , ', {r: the fine pert will receive the consideration for this conveyance and will head flit rifle to padre eft r 4 `. trati n a a lea!font to is applied Err' far the purpm Of plying the Cant of the kap(emdaN . _. the same first to the payment of the Cat of the improvement before mine any pen of din WM of t,%J•• :14:14 y,7 BOY Other The wed nye ahnll he ronstrowl as if it reed"pestiet"shofar the mean of ibis. ,.. • (4-1,;,75.'!";-?'irt.*.: .'- et,,tltfitss•Maeaeaof?,the server the fine poet km deb tmemedelfir died the trate • • KR• • vlhttae. 1- '7 A.,IN rseeastea rs: �pp I.. %•4. .. Banc.[ a • N • t'..'• K,G v4 mata3r1 F 22:2.2.. _ . ."... Ii O33ej. nice 414 JIY. sTaa tier vva.tttelej et 8U7l8'O1;R mal lM1r9e1�'99R ...$. .t'eP I 'i r....c; . . 1 0. the 3letaq a[ August 1978 ,bloke nnOrt do dq of 79 •,:i.peraanub'as. 9R+on yn CHRIS T. JiCRF ORIO .:5 ;' '. ,t , to woe ketawn tto�Mdtlu inert n[ dialled in owl wtw awn know '4a Opt ledt!tArP .. -1 ,,-. ,st , r, tnerned ay his mann r du�sem. me wktlowlo�.d Sat ueeatted ationt� IMrn"eK. Ind- - . 1,: :1 r•.e.. +. 11• 22•.22*:. ..:4. !Hs'Urtig.Ir' '. • ennene I tat • ••, nor•v •.n.!v. ,• „v 2,t• • a'1'Aer daifrar�ewM�'at�Marna% ... ;>•. ,:.n:••4•' r; ,y2•': a A'tiM•V ea tAfrawe ellg� .2N • • .2•r,Oa., !^:i sr. "01/4 h Y'2•i c *.• .' CrwlMa tetra Ma.% . ,-i 1P5 :.- f:•, :i U"•ari0 : ' �yj ie • xr•+rcv.• 45.4. 'i•....Mrt •t.; }••-1,ien, ale; .'si r.. Is 1K N w • 1• ' �� srwTe a PrerTleett,tawPr w w saris tlF�eseiw6f!, .ebilr ti} • - , ,•, Oa dm dee et 19 .before me On the Ay ei ! `` is c WS.Wag by en duly ream;thd•depett uid tt ` • .. dr that he retMyat No. Tsle � W)say the he If theswan,did •depth ,.:'•: n.r rrk• ,'.1 4*1 YL; at drt be bans '+ to mid width etweetmd the f the esgmetiee detedbell • ' y > ` knows the snt of Odd coryorWen; dr toe soak And **lel M -r 4 ' , .�+r•,�.,,,,,•, - , to cid 8ru,r ie Nth enters matt ties i•witt.eo h4 w -.04.4_,.....,.,0,-,‘„-' -2•• --. fixed by awed dot bared dtreetore.e( ,e1/4„,‘,.,t :, t m.aetdlat 1t*S A Perm Ikeda b7 f&iu er, •ma thetas. -- r F;. ,4.4 , �.,^'e 6�.0,u,' �1 i�tl.',.,, , kJ -,s tn,.-R t,VIIHC/1VlMANr A,.AMT r'•aANTos5 ACTS etCtteM: •. Gs.. •2•:4 4%. ''•744:45 • '''i. Trna No stoat . fk CHRIS T. DiscarGOR; tetritt'netr1f* '• • ' r' )(waste V. HANCOCK and BARBARA hfh''N 'G ' N. HANCOCIt, him wile atwwwe M aaewtl a Moat alaiilit y.s,1' 1 eeteln It ali te'1 . .'lir'•. "' ammo.www e•.la•tew ew•ea•}gewnwms S,tspltt ,P'.,..GY.15l 19.11;'.. :c ?Irr-t.: :' ' mamma AIV ISOteCOart `Y f1{1�11EE ,Rttrorboadr New 'loge* sl X55 is irIEVY. .r /I' p:•A.: „ro�Fi, i R7100�1{OI�IWP • , v ..:Y•, .• v!4;`ir ..1. '!- .t,, I .•1221{}Y:•ferL s r 4 p i • Sul:;.. F. t ,k.}}�yy. `•` ; I e = R . • •• .fi. • h ' V. 4" • • ,5-_ ,,A....,�� / ���'"-moi( Residential Zone District. Location of de (/� tial"t_.1•( ) Property: 1380 Bridge Lane,Cutcho ° the existing building,with CTM 85-2-5. $°°: setb Jat less than 75 feet to the bulkheadhead and less than the code- 10:15 A.M. SERGE AND SUSAN required 15 feet on a single side yard at ROZENBAUM; M. NIAMQNIT'AKIS 7425 Nassau Point Road, Cutchogue; and E. NIAMONITAKIS #5691. Re- CTM 118-4-2. and quest Variances under 280-4 (Sections100-13tiand 100- SCH ENHAAR#5764.andRT a LEGAL NOTICE 32),based on theapplicant's request to Variance under Section 280-18(formerly SOUTHOLD TOWN construct and operate a farm stand with 100-30A.3)bulk schedule,based on the ZONING BOARD OF APPEALS design as a building for sales of farm pro- Building Inspector's May 17,2005 No- THURSDAY,NOVEMBER 30,2006 duce and which is deemed as not meeting tice of Disapproval,amended October PUBLIC HEARINGS the definition of a farm stand,based on 4,2006 for a lot which contains less than NOTICE IS HEREBY GIVEN,pur- the Building Inspector's amended No- 40,000 square feet and less than 175 feet suant to Section 267 of the Town Law vember 3,2006 Notice of Disapproval. of lot width in the R-40 Residential Zone and Chapter 280(Zoning)Code of the The reasons stated in the Notice of Dis- District,and a proposed building in the Town of Southold,the following public approval are: "the proposed construe- B-General Business Zone District with hearings will be held by the SOUTH- tion on an 18.75 acre farmparcel with a front yard setback at less than 100 feet OLD TOWN ZONING BOARD OF three front yards in the AC Zone,is not from a right-of-way. Location of Prop- APPEALS at the Town Hall, 53095 permitted pursuant to Section 100-32 erty: 10300 Main Road,Mattituck;CTM Main Road, P.O. Box 1179, Southold, (renumbered 280-14),which states: 'No 143-3-33.2,containing 2.586 acres. New York 11971-0959,on THURSDAY, building or premiss shall be used and no 11:15 A.M. EDWARD FERGUS NO9:35 AM.VEMBER 30,2006: building or part thereof shall be erected #5941. Request for a Variance under Request for a V�nce�underIII Section less altered ame confe orms to the Bulk and Building I0...Districts un- Section nspector's toorr''ss M0ay 31,based2on the Notice • 280-15, based on the Building Inspec- Parking Schedule incorporated into this of Disapproval)concerning a proposed tor's September 6,2006 Notice of Disap- chapter with the same force and effect ak single-family dwelling with a setback at proval concerning a proposed accessory if such regulations Were set forth herein less than the code-required 50 feet from swimming pool in a yard other than the in full.' According to the bulk cached- the rear lot line at its closest point,at code-required rear yard,at 305 Gardin- ule,the proposed construction requires ' 1854 North Bayview Road, Southold; ers Lane,Southold;CTM 70-8-28. a front yard setback of 60 feet,and is 9:40 A.M. JOHN and ANGELA not permitted pursuant to Section 100- CPM 70-A-3. REINERTSEN #5973. Request for 13,which defines a farm stand as: 'any11ear A.M. JAY W.for GUILD #5866 Variances under Sections 280-15 and structure open to the weather on at leat undeSeng) - Request formerly for a Variance 280-18(100-30A.3 and 100-33 based on one sick used for the sole purpose of re- under2c, Section thee-1$ dinI spe-31As the Building Inspector's August 4,2006 tail sale.of produce grown by the owner August ust 3 on Buding isap moat, Notice of Disapproval concerning a of the stand on the farm acreage within amendedd0,20cI,Notice 2006 Disapproval, ng proposed new dwelling,accessory swim- the Town of Southold;and such strut- ommerc March I,agriculturalgreenhousess ming pool,and accessory(cabana)build- commercial lure may be one-story or less,roofed or ing.The dwelling will be less than 50 feet have partial walk and flooringproposed in a location at less than 75 from the front lot line and rear lot line, not be completely enclosed ecept when feet from the rear lot d,a,less than 20 and the swimming pool and accessory the business is closed. A farm stand may feet on a single side yard,and exceeding building will be in a side yard rather than not be insulated or mechanically heated the code limitation of 20 percent lot coy- . the code-required rear yard. Location of or cooled by permanent equipment A 4848age on Middles Road parcel,at 34695thRoad),C.R. Property:590 Arrowhead Lane,Peconic; truck bed or trailer on wheels,with areas Pe odic; or North CTM 98-2-4.1. in excess of 20 square feet displaying pro- Pew 45; CTM 68-4-19.EAST 9:45 A.M. BERIT LALLI #5978. duce,shall be considered a farm stand.' STRI A.M. MARION FIRE Request for a Variance under Section Location of Property: 7540 Main Road DISTRICT#5972. Reg69s(fora 2A3- 280-124(100-244 based on the Building (and Cedar Lane),East Marion; (TM once under on theen Building(Ins Inspector's, Inspector's May 15,2006 Notice of Dis- 31-6-28.5 and 28.6. AS) based approval)concerning a proposed addi- 10:25 A.M. FIT$LLC#5617. Re- July 25, 2006 Notice of Disapproval tion to the existing dwelling at less than quest for Variances under Section 280- formunii construction/t l commud wireless the code-required 35 feet from the front IS (Bulk Schedule) for a lot proposed communication/telecommunications lot line,at 1405 Narrow River Road,Ori- with less than 40,000 square feet of land tower on property owned, leased or ent;CTM.M27-3-6.3. area in the R-40 Low-Density Residen- totherio a pr controlled by a special dis- of 9:50 A . MARK MELNICK#5977. tial Zone District(formerly M-II),and a frit[approved by[he commissioners tower Request for Variances under Sections lot under contract of sale with the Town the sexcee district. The proposed lower 280-124 and 280-116(100-239.48,based of Southold,proposed with an area of a h exceed the code 10feeton - with • on the Building Inspector's August 25, less than 80,000 square feet in the R-80 a height greater than 10 feet above the 2006 Notice of Disapproval, amended Residential Zone,located along the west average height of buildings within 300 November 9,2006 concerning an addi- side of Reservoir Road,Fishers Island; fee[ of the facility,OR if there are no tion and alterations for a second-story Suffolk County CPM Parcel 1000-9-8-2. buildings within 300 feet, these facili- over the existing first floor of the exist- 10:35 A.M. ZAHARIA PAPAZA- ties shall not project higher than 10 feet ing dwelling and addition at less than the HARIOU&OTHERS#5974. Request above the average tree canopy height in code-required 35 ft. front yard, at 405 for a Variance under Section 280-15, that radius measured from ground level. Private Road #3,Southold;CTM 70-6- based on the Building Inspector's Au- If there are no buildings within 300 feet 15. gust 24, 2006 Notice of Disapproval of the proposed facility site,all telecom- 9:55 A.M.MICHAEL FLYNN#5975. concerning an accessory swimming pool metrication towers shall he surrounded Request for a Variance under Section proposed in a yard other than the code- by dense tree growth to screen views of 280-124 (100-244 based on the Build- required rear yard,at 2905 Private Road the facility in all directions. Location of ing Inspector's May 24,2006 Notice of #1,East Marion;CTM 22-3-8.1. Property:9245 Main Road,East Marion; Disapproval) concerning a proposed 10:40 A.M. ROBERT SEELEY CTM 31-3-11.31 containing 3.05 acres. thanaddilthe code-required dwelling5 fet,at 17800 Seless ction 280-11612. 1(1000-239.4Ar a nbased on persons,The Board of Appeals will hear all Soundview Avenue,Southold;CTM 59- rhe B. lding rnspe_t_ . -b heardr theircashea representatives,, nd[desor ---- -- 9�2. - -- e per.. rs April 12,2006 ingiri g tosubmiteach hearing,andlor --- 10:00 A.M. HENRY OMAN and proposedf accessoryswimming concerning a deforegtheo cnnbmttt, written statements CHRISTINA J.OMAN 1)97uRequest structure proposed at less than 100 feeof startof each earlier basing. - for Variances under Section 280-14(100- from the top of the bluff adjacent to the Each designated above..Files aravailable for 32), based on the Building Inspector's Long Island Sound,at 1250 Sound Drive, review during regular business hours and July 25,2006 Notice of Disapproval con- Greenport; Rockcove Estates Lot 4; prior to the day of the hearing. If you cerning proposed Lots 1 and 2 with less CTM 33-3-19.4. have questions,please do not hesitate to than the code required 80,000 square 10:50 A.M. MICHAEL and ROBIN contact our office at(631) 765-1809,or feet,less than 175 ft.of frontage/lot width DREWS#5929. Request for Variances by email: Linda.Kowalski@Town.South- along Bridge Lane,and with a proposed under Sections 280-116 and 280-124 old.ny.us. side yard setback at less than the code- (100-239.4E and 100-244 based on the Dated: November 13,2006. required 20 feet from the division line. Building Inspector's May 31,2006 No- ZONING BOARD OF APPEALS The applicant's parcel as exists contains tice of Disapproval) concerning a pro- RUTH D.OLIVA,CHAIRWOMAN 1.637 acres and is located in the R-80 posed new-single-family dwelling,after $118-1T 1416 P C2 1• • 1 #8118 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald 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 week(s), successively, commencing on the 17th day of November, 2006. Principal Clerk Q� Sworn to before me this L 1 day of ✓ 1 DV 2006 'nV 7Lath " 91 ✓CHRIST VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. O1-V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 7-a A 12/22/2006 16:31 6317341 LARK AND FOLTSEF PAGE 02/02 LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)7344807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS December 22, 2006 Mrs. Linda Kowalski Southold Town Zoning Board of Appeals 54375 State Route 25 P. O. Box 1179 Southold, NY 11971 RE: Henry Oman and Christina J. Oman Appeal #5970 Dear Mrs. Kowalski : I want to thank you for clarifying the unfortunate situation concerning the December 6, -2006 letter from the County of Suffolk, Department of Planning to the Board of Appeals . it is my understanding this letter will be disregarded and not included in the record. Therefore, it will be unnecessary to have a rehearing to consider the contents of the letter. As a result the Board will then be able to vote on this application at its December 28, 2006 meeting. Thank you for your assistance in this matter. Very truly yours, eU RPL/bd Richard F. Lar -1 12/13/2006 17:50 631-84044 S C PLANING DEo PAGE 01 Suffolk County Department of Planning Thomas A.Isles, Director P.O. Box 6100 Naup3auge, New York 11788 (631-853-5190) I:ax: (631-853-4044) FAX TRANSMISSION COVER SHEET Rv}4 olidL�. (sibs"-hod ) To: t1CI+c.ra r ark ;t. 034- 5-1) From: Cirt4hc( t,JreAG Date: 4131 6 Subject: (3rt&nt (Z 9 A 4 S4 70) YOU SHOULD RECEIVE 2_PAGE(S),INCLUDING MIS COVER SHEET. IF YOU DO NOT RECEIVE AIL THE PAGES,PLEASE CALL(631)853-5190. Message: LOCATION mailing address H. Lee Dennison Bldg.-4th floor P.O. Box 6100 (631)853-5190 100 Veterans Memorial Hwy. Flauppauge, NY 11788-0099 Fax: (631)8534044 12/13/2006 17:50 631-84044 S C PLANING Do PAGE 02 COUNTY OF SUFFOLK (- ottituski STEVE Levy At 6 SU:FOLK COUNTY EXECUTIVE Is DEPARTMENT OF PLANNING THOMAR OFFS,AICP DIRECTOR OF PLANNING December 13,2006 Ms.Ruth Oliva,Chair Town of Southold ZBA 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 Re:Application of Henry Oman(No. 5970) SCPD File No. SD-06-07 Dear Ms.Oliva: Pursuant to the requirements oft 8 ections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application receis ed by Planning Commission staff on November 17, 2006 and deliberated on December 6,2006 by the Suffolk County Planning Commission is not within the jurisdiction of the Suffolk County Commission. While General Municipal Law ar d the Suffolk County Administrative Code mandates referrals within 500 feet from the boundary of a farm opt ration located in an agricultural district, the law does not apply to applications for arca variances,the subje':t of the Oman application. As such,the Planning Commission decision of December 6,2006 shall be considered void. Should you have any questions regarding this turner,feel free to contact me. Veryt y/.frs, J Th.m:l: sles,AICP Di , . of Planning TAI:cw cc: Richard F.Lark,Esq. LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 631)8535190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(6311853-4044 • • OFFICE OF • ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown,northfork.net Email: Linda.KowalskiaTown.Southold.rw.us Javne.Martin4Town.Southold,nv.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX J 3 _ c-6 c l MEMO • TO: Ec2 DATE: e. / j ,z_o o <a / ztc-le 1-Li/JAL ciao (19-c— ov GL_ Lac- (p oLo0 to 111 • LARK& FOLTS Attorneys at Law 28785 MAIN ROAD 5 r t' y 9 13 PO BOX 973 CUTCHOGUE,NEW YORK 11935 - 0 l' U Tele.No.(631)734-6807 '- - - - - Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS July 28, 2006 Southold Town Board of Appeals Town Hall Annex 54375 State Route 25 P. 0. Box 1179 Southold, NY 11971 RE : Henry Oman and Christina J. Oman (SCTM #1000-085 . 00-02 . 00-005 . 000) Gentlemen: In connection with the above-captioned matter, I am enclosing seven sets of the following: 1 . Copy of Notice of Disapproval from the Southold Town Building Department dated July 25, 2006 along with Application for Building Permit dated July 18 , 2006 . 2 . Application to the Southold Town Zoning Board of Appeals sworn to on July 28 , 2006 . 3 . Authorization of Henry Oman and Christina J. Oman. 4 . Applicant ' s Project Description (photos to follow) . 5 . Short Environmental Assessment Form. 6 . Z .B.A. Questionnaire . 7 . Applicant Transactional Disclosure Form. 8 . LWRP Consistency Assessment Form (eight copies) . 9 . Town of Southold Property Record Card. 10 . Map of Property for the Oman Family prepared by Peconic Surveyors, P . C. dated July 14 , 2006 . III lik Southold Town Board of Appeals -2- July 28, 2006 11 . Check No. 1099 of Carroll L. Oman payable to Southold Town Clerk in the amount of $600 . 00 for the filing fee . If all is in order, kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time . If you have any questions, do not hesitate to call . Very truly yours, �v� ichard F. La RFL/bd Enclosures It 410 Kowalski, Linda From: Kowalski, Linda Sent: Tuesday, December 26, 2006 10:03 AM To: James Dinizio (Jim@JamesDinizio.com); Jerry Goehringer (Gerard.Goehringer@co.suffolk.ny.us); Leslie Kanes Weisman (weisman@northfork.com); Michael A. Simon at harvard addr(Michael A. Simon); Ruth Oliva (Olivahummybird@aol.com) Cc: Corcoran, Kieran Subject: Oman Appeal update by Mr. Lark for ZBA Dear ZBA Members, Mr. Lark called 12/22 Friday morning and we went over the "procedural" referral requirements. I also confirmed that the December 6th County Planning letter was removed from the official Town file since it was void by the county, and the December 13th Co. Planning replaced it. I told Mr. Lark that we reserved a place on the Jan 25th calendar for a rehearing, and the Dec. 28th meeting will contain the agenda item for a Resolution to advertise it, as requested. The ZBA office this morning is in receipt of a faxed letter dated 12/22/06 from Richard.. Lark, attorney for the Omans (copies in Board office mail boxes) . Mr. Lark doesn't want to go forward with a rehearing as confirmed in his letter faxed today 12/26. Mr. Lark seemed pleased that the December 13th Co. Planning letter replaced the previous letter, and that the contents of the December 6, 2006 Co P1. letter have been removed from the record Please be sure to discard any remaining copies that may have been kept since it has been void and replaced as requested by the County. Also the December 6, 2006 letter is been removed from the official ZBA file. Thank you, Linda ZBA Office Location: 54375 Main Road (NFB 1st Floor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (ext. 5011 at voice recording) fax (631) 765-9064 1 • 12/22/2006 16:31 6317345651 LARK AND FOLTS ESQS PAGE 02/02 . LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fex No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS December 22, 2006 Mrs. Linda Kowalski Southold Town Zoning Board of Appeals 54375 State Route 25 P. O. Box 1179 Southold, NY 11971 RE: Henry Oman and Christina J. Oman Jppeal #5970 Dear Mrs. Kowalski : I want to thank you for clarifying the unfortunate situation concerning the December 6, -2006 letter from the County of Suffolk, Department of Planning to the Board of Appeals. It is my understanding this letter will be disregarded and not included in the record. Therefore, it will be unnecessary to have a rehearing to consider the contents of the letter. As a result the Board will then be able to vote on this application at its December 28, 2006 meeting. Thank you for your assistance in this matter. Very truly yours, RFL/bd Richard F. Lar r 12/22/2006 16:31 631734541 LARK AND FOLTS.S PAGE 01/02 • LARK& FOLTS Attorneys at Law 28785 MAIN ROAD P.O.BOX 973 CUTCHOGUE,NEW YORK 11935 TELL No.(631)734-6807 FAX No.(631)734-5651 RICHARD F.LARK MARY LOU FOLTS FAX TRANSMITTAL DATE: n2-Di66 TO: Z-lN4R /.ouiA45k - 621&18440iii(/'- FAX # 7's- /tr d ` V FROM: £ic.hort9 F. L,%-L S7 RE: Omk& (4pn0 5976 ) NUMBER OF PAGES INCLUDING COVER LETTER: a If copy is illegible or incomplete, please call immediately for re-transmission. INSTRUCTIONS/MESSAGE: gat'/ 1_44 Pal Covl,l tri ***COMP3k BNTIAL CON ICUNICATION*** This transmission is intended only for the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, notify the sender immediately by telephone and return the original to us by mail. ,O OFFOU Office Location: ,�,,�0�0 COG> Mailing Address: Town Annex/First Floor,North Fork Bank f Z 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 � P.O. Box 1179 Cf Southold,NY 11971 4, �4 t� ' Southold,NY 11971-0959 r., ... ••''s http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 December 13, 2006 By Regular Mail and Fax Transmission 734-5651 Richard F. Lark, Esq. Lark &Folts 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Variance Application#5970 (Oman Property) Dear Mr. Lark: This will confirm our conversation today with Barbara Diachun that I received confirmation that the jurisdiction of the Suffolk County Department of Planning is not the distance from New York State Route 25 but rather is the location of the Oman property within 500 feet of an Agricultural District. This variance application and other applications for which ZBA hearings were held and concluded at the November 30, 2006 meeting will be carried to the Board's Special Meeting Agenda of December 14, 2006 commencing at 6:00 in the Executive Board Room, Town Annex (NFB) Second Floor. Thank you. Sincerely yours, inda Kowalski Q 3 mi.) LARK& FOLTS Attorneys at Law /1/iy/oeta, q N � 28785 MAIN ROAD rG 0 , PO BOX 973 TCHOGUE,NEW YORK 11935 ------------ Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS December 14 , 2006 Mrs . Ruth D. Oliva Southold Town Zoning Board of Appeals 54375 State Route 25 P. 0. Box 1179 Southold, New York 11971 RE : Henry Oman and Christina J. Oman Appeal #5970 Dear Mrs . Oliva : I am in receipt of a letter from Thomas Isles, Director of Planning, Suffolk County Department of Planning, dated December 13 , 2006 concerning the above-captioned application. I am still puzzled why this agency was involved in the first instance . Be that as it may, I can only assume the Board members have read the Department of Planning' s letter of December 6 , 2006 . As a result it is unfair not to allow the applicants to respond to the inappropriate remarks contained in the letter dated December 6 , 2006 . I state this in spite of the fact the Department of Planning has determined this letter void. Again, in the interest of due process, I believe the Board should reopen the hearing for the limited purpose to respond to same . The reason I make this request is not only in fairness, but in checking into the matter I am of the opinion the Suffolk County Department of Planning was not aware of the primary purpose of this variance application which was to allow the applicants to give a building lot to their daughter; so she can build a house which she otherwise could not afford to do . It appears the December 6 , 2006 letter was nothing more than the Department of Planning rubber stamping the staff report . It is clear the writer of the staff report based his points strictly on the criteria of the zoning ordinance, not taking into consideration any of the criteria as required by Town Law §267-b (3 ) . The Zoning Board of Appeals should be aware my involvement is primarily pro bono in that I am just trying to help out Carroll Oman who is one of my son' s high school classmates and who really wants to continue to live in Southold Town. The 411 Mrs . Ruth D. Oliva -2- December 14 , 2006 Southold Town Zoning Board of Appeals reason I mention this is I have noticed recently the Town government has an air of elitism and performs lip service to positive programs such as affordable housing. Basically it is a philosophy of negativism. As a result our children graduate from high school and either go into the work place or to college, but they don' t stay to live and work in Southold Town. It is my humble opinion if this attitude does not change then it will ultimately lead to the demise of Town as we have known it in our lifetimes . As this Board is aware, the Southold Town Planning Board does not favor the creation of non-conforming lots . It is very difficult to get any type of subdivision approved by them that does not strictly conform to the zoning ordinance . However, in reviewing this particular application they have taken a positive attitude and are willing to recommend a variance to the zoning requirements to create a substandard lot, realizing there will be no detriment to the neighborhood in this particular case . The point I am making is in reviewing all of the factors of Town Law §267-b (3) , this is not an application where the need to protect the public good outweighs the benefit to the applicant . On the contrary, the record before the Zoning Board substantiates the granting of this variance application outweighs any detriment to the health, safety and welfare of this community. After reviewing the above, if you believe the record should be clarified and addressed on these issues, I respectfully request the hearing be reopened and these views be placed upon the record. Very truly yours, XL/ C;72%11-* Richard F. Lame RFL/bd fy `'slami 4 ( •COUNTY OF SUFFOLK r __ co c l es91-oo 1 eitie Oir ,bo 6F 00-N1'S STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT • .' ', ING THOMAS ISLES,AICP DIRECTOR OF PLANNING December 13,2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold,NY 11971 Re: Application of Henry Oman(No. 5970) SCPD File No. SD-06-07 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application received by Planning Commission staff on November 17, 2006 and deliberated on December 6,2006 by the Suffolk County Planning Commission is not within the jurisdiction of the Suffolk County Commission. While General Municipal Law and the Suffolk County Administrative Code mandates referrals within 500 feet from the boundary of a farm operation located in an agricultural district, the law does not apply to applications for area variances,the subject of the Oman application. As such,the Planning Commission decision of December 6,2006 shall be considered void. Should you have any questions regarding this matter, feel free to contact me. Very tr y/. rs, Thm:: sles,AICP Dir o of Planning TAI:cw cc: Richard F. Lark,Esq. LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 • LARK & FOLTS Attorneys at Law o_ 28785 MAIN ROAD DEC 1 2 Laos PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 ZONING BOARD OF :ac es Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS December 12 , 2006 Mrs . Ruth D. Oliva Southold Town Board of Appeals 54375 State Route 25 P. 0. Box 1179 Southold, New York 11971 RE : Henry Oman and Christina J. Oman Appeal #5970 Dear Mrs . Oliva : I am in receipt of a December 6, 2006 letter to you from the Suffolk County Department of Planning. I was somewhat surprised to receive this correspondence because I was unaware the Suffolk County Department of Planning was involved as the applicant ' s property is 1306 ' northwesterly from N.Y. S . Rte . 25 . (See Exhibit A to the appeal "Map of Property prepared by Peconic Surveyors, P. C. dated July 14, 2006" ) . The hearing was closed on November 30, 2006 . Therefore, additional comments should not be entertained unless the Board reopens the hearing to allow for a proper reply. Besides the lack of jurisdiction in this matter, the letter is written in a vacuum as the author is obviously unaware of the existing conditions and the size of lots in this residential neighborhood. In any event this letter should be disregarded. Very truly yours, 7 RYchard F. LarlY RFL/bd (ride z,�1`� 0-43/66 / I�ZI . r H . tr.s� t COUNTY OF SUFFOLK RQED E - DEC 1 1 2006 STEVE LEVY SUFFOLK COUNTY EXECUTIVE , pp OF APPEALS DEPARTMENT OF PLANNING ZONING 5, ICP DIRECTOR OF PLANNING December 6, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Re: Application of"Henry Oman" for variances associated with a 2 lot subdivision No.5970 SCPD File No.: SD-06-07 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on December 6, 2006 reviewed the above captioned application U s Oi pM � Nyinct /11-1)1A) Aji-e-e\-°1-Y Cad �C/U / /0)-041G14;0 - 4 G14;0 73, 0163 �P - 55/1 AW-12ne'Ly / ool' g4FFOU(A- • Office Location: 004,, Cp Mailing Address: Town Annex/First Floor,North Fork Bank i 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 0 t. �a�� �,/ Southold, NY 11971-0959 _ 4, too http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 November 15, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5970 (Oman) Action Requested: Subdivide Undersized Lot Within 500 feet of: ( x ) State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures 5 / V ' /' ,C. dde, cot. ,S144 f ?"/,, • MAILING ADDRESS: ,! PLANNING BOARD MEMBER �,i QF S0(7 ' P.O. Box 1179 JERILYN B.WOODHOUSE ./�0Z� y�lO Southold, NY 11971 Chair OFFICE LOCATION: Town Hall Annex 1S ,L KENNETH L. EDWARDS ` y MARTIN H.SIDOR . COM ��,��$ 54375 State Route 25 GEORGE D.SOLOMON l Q (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l( Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM OCT 2 7 2006 ZONING BOARD OF APPEALS Date: October 26, 2006 To: Ruth Oliva, Chairperson Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chairperson Members of the Planning Board Re: Oman Variance Application SCTM# 85-2-5 Appeal# 5970 We are in receipt of your request for comments regarding the above-referenced application currently before the ZBA. The Planning Board reviewed the application at their work session on October 23, 2006, and offers the following comments and recommendations at this time: 1. This proposal will result in the creation of two (2) non-conforming lots in the R- 80 Zoning District. Lot 1 is 40,002 square feet and is improved with a single- family residence. Lot 2 is 31,314 square feet and is vacant. As proposed, Lot 1 requires a lot area variance of 39,998 square feet and a lot width variance of 80 feet. Lot 2 requires a lot area variance of 48,686 square feet and a lot width variance of 85 feet. 2. The Planning Board supports the proposed layout, which is consistent with the nature and character of the surrounding neighborhood. 3. Pursuant to the Notice of Disapproval issued by the Building Department dated July 25, 2006, in addition to the lot area and lot width variances sought by the property owner, this proposal also requires setback relief for the existing residence on Lot 1, which has a proposed side yard setback of 16 feet, where 20 feet is the minimum required by the Zoning Code. • 411 The Planning Board typically does not support the creation of non-conforming lots that allows a property owner to increase density when the parcel does not have the yield pursuant to the Town's subdivision regulations. If you have any questions or need additional information, please feel free to contact this office. • OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(D,Town.Southold.ny.us Jayne.Martin(7a Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 3 y— / 5 MEMO TO: Ci (J[ ,i 1 " ,1-11)2 K ,Sq � I DATE: /if/222 1/ZIP r� RE: Z434141- J 2U y CPC) > • .• Se • (r_ kte. k_euit `-4b- BEDELL 4- d Z-61k PERFECTING THE ART OF WINE. ` 120AL RECEI"Fn I November 16, 2006 NOV 11 7 2006 Ruth D. Oliva, Chairwoman ZONING BOARD OF APPEALS Southold Town Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold,New York 11971-0959 RE: Henry Oman and Christina J. Oman request for variances under Section 280-14 (100-32). Dear Ms. Oliva: I received your legal notice and unfortunately will not be available to attend the public hearing on Thursday, November 30, 2006. We at Bedell Cellars are very concerned about the proposed zoning variance to the extent that it could affect the operation of our business. My primary concerns are as follows: (1) I do not want the mature trees and vegetation separating aforementioned property from our Farm Vineyard to be cut down. For safety reasons associated with standard farming activities such as spraying, a dense buffer is necessary to separate active farming areas from residential areas. (2) We have gone to great expense to build a farm winery tasting facility which maximizes the expansive views of the surrounding countryside. These views are an integral part of our business. I am concerned that the proposed zoning variance will position homes or condos in full sight directly adjacent to our vineyard, thus marring the view from our outdoor tasting pavilion. (3) If any further buildings are constructed on aforementioned property or if existing vegetation is disturbed,I will insist that the views from Bedell's tasting pavilion and the safety of Bedell's vineyard be guaranteed by the planting of a dense stand of evergreen trees, at the sole expense of Henry Oman and Christina J. Oman. If you have any questions please contact me. Sincerely, Trent Preszl Chief Operating Officer BCBEEE NORTH FORK, LLC 36225 MAIN ROAD CNICHOGHE, NY 11935 TEE 6 3 1 7 3 4 . 7 5 3 7 FAH . 6 3 1 . 7 3 4 . 5 7 8 8 WWW.BEDEEECEEEARS.COM • OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 htto://southoldtown.northfork.net Email: Linda.KowalskieTown.southold.nv.us Jayne.Martin(cDTown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 7341- Sips-1 MEMO TO: iC.AotA_OL OC Eo6 DATE: ir1(lo/0 (� RE: 91'YIQ-,0 G1 skaz c_prn- Atizr �. —.cmc U O1 , �ti APPEALS BOARD MEMBERS �,i"� 'y0 OF SOUr _ i Mailing Address: 411 Ruth D. Oliva, Chairwoman Ed � Southold Town Hall Gerard P. Goehringer h� ! '0 53095 Main Road• P.O. Box 1179 4g gig Southold,NY 11971-0959 James Dinizio,Jr. G Office Location: Michael A. Simon ‘S ,,�i� t� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =�l`C�� ���,��'is 54375 Main Road(at Youngs Avenue) ... . e Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO Tel. (631)765-1809•Fax(631) 765-9064 TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: October 3, 2006 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and we enclose copies of the Building Department's Notice of Disapproval, and application with the applicants latest map. The Planning Board may be involved under the subdivision review steps. Copies of the assessor's cards for this non-conforming lot as existing and the adjacent lot 6 are attached to show the history of the splits. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED OMAN, Henry 85-2-5 5970 7/25/06 Bulk Schedule, 7/14/06 John T. and Christina -IFC Zone. 100-32 SURVEY Metzger LS Subdivision; Your comments are appreciated by October 30, 2006 Thank you. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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 11971-0959, on THURSDAY, NOVEMBER 30, 2006: 10:00 A.M. HENRY OMAN and CHRISTINA J. OMAN #5970. Request for Variances under Section 280-14 (100-32), based on the Building Inspector's July 25, 2006 Notice of Disapproval concerning proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than 175 ft. of frontage/lot width along Bridge Lane, and with a proposed side yard setback at less than the code-required 20 feet from the division line. The applicant's parcel as exists contains 1.637 acres and is located in the R-80 Residential Zone District. Location of Property: 1380 Bridge Lane, Cutchogue; CTM 85-2-5. 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 and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: November 8,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski( Town.Southold.ny.us Jayne.Martin(a.Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 7351 - 5 o 5 MEMO p a TO: l-< a cu-L b DATE: i a/, , /o RE Chin •l ,r 970 • OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskinTown.Southold.ny.us Janne.Martin(7a Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX • 39- a4.7�/ MEMO TO: X3rAt P 'kill" S DATE: ///Gs? iDI RE: l-34 'S 1170 — c---77 Ez ;rte (WO Sii / C)/U • 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) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 3, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, November 30, 2006 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 14th. 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 how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us; AND not later than November 15th: 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 during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Than November 19: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. 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. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. • • OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building–First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 htto://southoldtown.northfork.net Email: Linda.Kowalski(D.Town.Southold.ny.us Jayne.Martin(o�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 73/ - ,3-62 ( MEMO • TO: DATE: /fie" Ci Cr, „loo (� RE p 1,30 10 4, 9 70 70)9 4 7 • 1 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : OMAN , H . & C. #5970 MAP #: 85-2-5 APPEAL : Two- Lot Subdivision REQUEST: Create Non-Conforming Lots DATE : THURSDAY, Nov. 30 , 10 :00 am If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD-TOWN OF SOUTHOLD 765- 1809 • �g 5116 OMG1/1 g�d 55 NEW APPLICATION SET-UP STEPS EFFECTIVE 8/2/06 PART H CHECK BOXES AS COMPLETED 3/4.1 Staple this form to outside of file. 1. '['] Pull ZBA copy of ND. 2. [ ] Check file boxes for priors. If priors, complete LF research; print with maps and make 7 copies. 3. "i-,] Assign next number on list; put number on outside of file folder. 4. [-] Date stamp entire original application w/file number. 5. '[-] Hole punch entire original application (before sending to TC). 6. -[. ] Enter priors or other new appeal on ZBA application program and on newly created index card. 7. ' ] Print program record. 8. .4j Print contact info & tape to front of file. 9. 1-] Prepare transmittal to Town Clerk (3 copies). 10. 1.] Send original application w/transmittal & check to Town Clerk. 11. [-] Note inside file folders w/prior info (copy file card) and staple other index cards inside left cover. 12. 1 ] Copy County Tax Map; highlight parcel and mark neighbors (across streets etc). 13. F ] Make 7 copies and put w/each packet. 14. [ ] Add preparer initials & date to (Notes on computer program) when all of above is complete (now ready for tech reviews). 15. [ ] Do mailing label (to contact person or owner-from application page 1. SOUTHOLD TOWN ZONING BOARD OF APPEALS APPLICATION OF HENRY OMAN AND CHRISTINA J. OMAN STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: RICHARD F. LARK, being duly sworn, deposes and says : 1 . I am an attorney-at-law with offices at 28785 Main Road, Cutchogue, New York 11935 and am the attorney for Henry Oman and Christina J. Oman. I am making this Affidavit for the purpose of informing the Zoning Board of Appeals what I know concerning this property. 2 . I did not represent Henry Oman or Chris DiGregorio at the time of their purchase of the property on Bridge Lane . However, I am familiar with the property and state that Henry Oman and Christina J. Oman' s property and Chris DiGregorio ' s property have remained the same since they completed the construction of their homes and Chris DiGregorio built his barn and corral . • 3 . Originally this property was owned by Elizabeth Bedell and in settlement of her estate the executors sold the property on August 4, 1967 to Albert Barbanel, Flora Raffe and Olivia Raffe by Deed dated that date (a copy of this Deed is attached hereto as Exhibit 1) . They in turn sold the property on August 10, 1971 to Chris T. DiGregorio and Henry Oman. Subsequently, as indicated in the Affidavits of Chris T. DiGregorio and Henry Oman, the property was divided by Deed dated December 29, 1971 and each one of these gentlemen subsequently built their homes . The Deeds dividing the property are attached to their Affidavits . 4 . I did represent Barbara M. Hancock when she sold her property in 1982 . This was the same property she and her husband bought from Chris T. DiGregorio on August 31, 1978 . As part of the transaction, Mrs. Hancock was required to get an Updated Certificate of Occupancy from the Southold Town Building Department . On her behalf I applied and subsequently received an Updated Certificate of Occupancy from the Southold Town Building Department (a copy of Updated Certificate of Occupancy No. Z10958 dated April 26, 1982 as well as the accompanying Housing Code Inspection Report dated April 22, 1982 are attached hereto as Exhibit 2) . At the time of obtaining this Updated Certificate of Occupancy I remember talking to the Building Inspector who was Curtis Horton. Mr. Horton informed me he researched the matter and the Certificate of Occupancy issued to Chris T. DiGregorio in 1972 and the subsequent Certificate of Occupancy for a barn and storage building in 1973 were correct . It is noted in the Updated Certificate of Occupancy there was a reference to these previous Certificates of Occupancy were issued to Chris T. DiGregorio. ( 5 . I know from my knowledge that in the early 1970 ' s where there was a large parcel of land, particularly farm land, and it was proposed to build a house on one acre, Howard Terry, who was the head Building Inspector, would on his own as Building Inspector, determine whether the proposed house and lot could be set off where it was at least 40, 000 sq. ft . and conformed all of the zoning requirements . Mr. Terry made these decisions without going to the Planning Board or Board of Appeals where it was only one additional lot and it conformed to the proposed area requirements of zoning ordinance . chard F. La Sworn to before 'me this 15th day of September, 2006 Notary Public • aMMOMMUMM MNo 01j Yak cam mwm at LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS September 15, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals Town Hall Annex 54375 State Route 25 P . O. Box 1179 Southold, NY 11971 RE : Henry Oman and Christina J. Oman (SCTM #1000-085 . 00-02 . 00-005 . 000) Dear Mrs . Kowalski : In connection with the above-captioned application, I am enclosing seven sets of the Affidavits of Chris T. DiGregorio, Henry Oman and Richard F. Lark to explain the history of the properties (1380 Bridge Lane - SCTM #1000-85-2-5 and 1120 Bridge Lane - SCTM #1000-85-2-6) . Very truly yours, Richard F. Lark RFL/bd Enclosures LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS September 18, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals Town Hall Annex 54375 State Route 25 P . O. Box 1179 Southold, NY 11971 RE : Henry Oman and Christina J. Oman (SCTM #1000-085 . 00-02 . 00-005 . 000) Dear Mrs . Kowalski : In connection with the above-captioned application, I am enclosing the following: 1 . My letter dated July 28, 2006 with attachments . 2 . My letter dated August 15, 2006 with attachments . 3 . My letter dated September 15 , 2006 with attachments . As you can see I was finally able to get an explanation as to the history of the property and how it was divided. I trust everything is in order so you may place this matter on the Board' s hearing calendar. Very truly yours, R ' hard F . L r RFL/bd Enclosures r- p r TOWN OF SOUTHOLD PROPERTY RE ORD• CARD /'' .-t `7 m /i�J.Oi-@'--.4+e'i '.2 -'b � - � .mow N jo OWNER . STREET 1/2 0 VILLAGE DIST. SUB. LOT • (3 - ;€I-4 `e Ldwe Co$c. 4eOve a bea.Fr6ecar FORMER OWNERoo .. "• N lit -27 inti:a.' .2. .2' E Basi e t 1 AC) 6 v ✓ot (J/piers/' har S 1� . W TYPE OF BUILDING , a1ita, ; b , ..-.1r, ''esti t4a:,. Ceitsi,I-Ic:Ner /U hr-o� 3 e/a.i1 e . i SFAS: VL. •r FARM COMM. CB. MICS _Mkt_V_alue _ __ i o REMARKSt�/l�J LAND IMP. TOTAL DATE '� `�/f�,i/ ✓e,AGO. 62,.%-11.1.:el t ere, To Diisnetr4de in w 7d4 .2 (it t Reis 1a. e4 it 7i tot . . frit-`' ,1304 13 s11 4/34 7A N.20/ 14,1��.* �/8/Z Beie�f�k_aw�iau.re . 4.['k iea�: z -. ty p..a a S76o 7 3 0 / yr 7/7z g/24/21,„N3,,Ii°r'I`673(Z,/dv,/✓J7�6t-vit- a �.�:- Zoo co.�- a E/T / / _ t 94 1. �. -. . /. :(00,... :. G7o d 8670 D. y/2V3 �1 X.4 `arra ,lei erv•"-it 1-e Jitbeect. -.37:!"_:. G�qp A/ �1�11CG`(q s /y1�fL ��Su Inc x9i,64d Hancsc� A f?aa A. 9742- _1 ASO() J .31219 g 3/S/ESG etzt v'� 1.4601 t2 tul i YZL{ tAavi,v�c_ &c-7Sa°Go.- - 6/n/ - Stna//CJa is 87/11- -6ce) , �/efiq4-1.11fila?pn?gli- roots * P*ri-a?T-`o2Ds' 1.0 M r N m l Tillable . FRONTAGE ON WATER Of m WOodIdi d FRONTAGE ON ROAD ay pif Oa `'• ->i4oadaYVland DEPTH CAUF} Sie�e� 747,. Lo E MSS Plot BULKHEAD a▪ Total o • ai ro m 1 iii! a — =_.Y. COLOR /V 4Tavis 4L TRIM' La''4r'rE r - — _ 3 1 T-r - Trta 30 l r y X� • Bldg.M. 3o x s o : 9 o a 3 7 J i s 7 S -.-��-., 3 p Extension i s ry — _ �3 -73 X 3-o - 670 35-6 2Ars',r Extension 6 X!L 76 d•—• 3 I2 F,Extension t___, ' U3 1 In m Foundation P C Bath a7 Dinette rParch A,.`k ii I( 23 c a s3 a 63 Basement is_..;„ ei L ,.- Floors O4Y ySuJr r 1 Porch m i1 X 9� t-. / a-6 . 5O. t; G Ext. Walls LLIo O D sN Interior Finish SPE('71',‘,c SLR '?Breezeway Fire Place Heat �_ yfs fLF[ DR. Janne tt3YZ6=SBE— ro = S�? is D . S/b, Type Roof Rooms 1st Floor 8R. Natio / 7. B. Recreation Room e Rooms 2nd Floor FIN. B S19r !4 'Air _ d S z 14 1 3 Dormer ,Ciw‘c.c. ,iaDriveway mtotal / - le;re6 ,. ?A04 M'i9T1' nry3Me.D2 rrfo 09/29/2006 11:38 63%651 LARK AND FOLLSQS PAGE 01/03 • LARK&FOLTS Attorneys at Law $785 MAIN ROAD P.O.BOX 973 CUTCROGUE,NEW YORK 11935 TELE.No.(631)734-6807 FAX No.(631)7345651 RICHARD F.LARK MARY LOU FOLTS FAX TRANSMITTAL DATE: n ( 5 )64 p TO: L isiIR eboi k1-i - lei Dn 4di¢¢eXa. FAX # 7 .5 ' 7o 6 FROM: 'I PiCkArJ r &nrK, &s9 RE: netJfy jtnte4 h Chas 1401 7 ornfleJ (room 41 f000-ss- 2- s) NUMBER OF PAGES INCLUDING COVER LETTER: 3 If copy is illegible or incomplete, please call immediately for re-transmission. INSTRUCTIONS/MESSA �GE: 9-at1 -a2 / a�zti � Q4, � (.�I 4 sctn 4 moo_ Fr- 3 -i . *••CONFIDENTIAL COMMUNICATION*** This transmission is intended only for the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, any dissemination, distribution or copying of the communication ie strictly prohibited. It you have received thin communication in error, notify the sender immediately by telephone and return the original to us by mail. • . . . , , „ • , . . .. . . • .... . minsimmintoppliplopuir- / . me . . . . • .... ' . ., . ., . , . . .„ .... I . . . .. . . .. • • . , ... Suodata N.Y.St IL Fond 1010'1266.3M—Eucutoei Deed..lo4ivida4 os Coipatiiioe. ' (Pi SI a 0/3,2a •: CONSIST TOM LAWN San wawa INS INSTIVAUMMILS INSTIUMINT al01110 pa IUD BY LAWYERS ONLY. rev -- mmmm 0,36197 rscr 404 . . ii.S.L ft et ariewiteaa.•z . ' ( . ==== YRS INDENTURE,made thath .day of . 4"115 " ';',,nineteen hundred end Sixty-seven ---- • . ==== BETWEEN THE NORTH FORE BANK AND TRUST COMPANY, with principal • • MEN office at Love Lane, Mattituck, New York,' and .- . . . .... . .. , ANNA.KCIN4Hg.I., residing at St111water Avenue, Cutchogue, New • • . : •• . . • ; - •• . . ...: • . as executors of , . the last mill and testament of • ' late 1 . ELIZABETH BEDELL , of ,.. . . • .. iy,... • ' . Peconic, New York . - ::' • - - .deceased, ritWathefimtParta• ALBERT BARBANEL, residing at Ostrander Avenue, ,• Riverhead, New-York, holding a one-half interest, FLORA RAFFE, residing at 36 Jessup Lane, West Hampton Beach, New York, holding •. I a one-quarter interest and OLIVIA ROTE, residing at Daly Court, . Riverhead, New York, holding a one-quarter interest, as tenants i .. in common, , . I . . .,. . party of the second part, r 1 . WrITIESSETH,that the party of the first part,by virtue of the power and authority given in and by said last .. will and testament,and in consideration of ELEVEN THOUSAND EIGHT HUNDRED AND FIFTY t 4-1 t ($11,850.00) dam, ==== , : r, !:$.4 -.;:. 't u lawful meney of tbe United Statea, .. . : paid try the party of the . :.. second part, does hereby gra Sit release unto the PIS list rtondek,'9,1140 or StleteSSM'S a1,41. ,4, . i)i! • Ill assign4 of the party of the secadjart forever, .: . ''.C."Th'!:.'''. ' ' r I ., . . ALL.that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, — lying and being in the TOWN OF SOUTHOLD, at Peconic, County of Suffolk and State of New York, bounded and described as follows:- BEGINNING • at a monument on the easterly line of Bridge Lane, . - . . _ at the southwest corner of the promisee herein described and the . ' • northwest corner of of Burnett Tuthill, aaid monument being . , . . ,,- . 900.73 feet from the intersection of the easterly line of Bridge ' • Lane end the northerly line Of Hain RO441. rUnningi-thence along the -,• • ::;.. . . eadterlflins. Of-Bi040 Lane,- NoitW44,50' 00" West 635.00 feet to land of krupski; thence running along said land of Erupaki North ., , . . . .,„.. . . • - - , • • 413(C49: 40" Eg16:4 30i05-feet to land of Davids; running thence - - . I along said land. of Davids, to a monument and land of Burnett Tuthill, H ' South k3° 10' 20" East 645.34 feet; running thence along said land ' . of Tuthill, South 50° 45' 40" West, 315.25 feet to the monument at • III the point or place of BEGINNING. • . , . ..., -• • . it . v • • ' - • - • .-„,,,,„. . • . 10 ,-.1.1z•• HI : :.•121::‘ !. " ' c• li"-:.....%. 1:.'11 ' . , , / .. . • . . • • • ===== ' ----MMINE 61.97 C srf. rr4r lryJ TOGETHER.with all right,title and interest,',if any,of theparty of the'first part in and to an streets'and' roads abutting the above described Premises tothe centerlines thereof, _ ,' TOGETHER with the appurtenances, and also all 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 oh,Whether individually,of by virtue of said will or otherwise, TO HAVE AND-.TO HOLD the pf anises'lifirein granted unto the party of the second part, the heirs or successors and assigns of the party of the.3etend part forever. ' - . • • f J, • AND the party of the first part covenants that the party of the first part has notdone or suffered anything whereby the said premises have been incumbered in any whatever,except as aforesaid. AND the party of the first part,In'compliance with Section 13 of the Lien Caw,covenants that the yang of the first part will receive the consideration for this conveyance and will hold theright to receive suchconsideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same Gni m the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever they sense of this indenture su rcnirr,. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year fir-t:thole written. .:IN PRESENCE OP p000 THE NORTH .FORK BANK AND TRUST COMPANY Pn l r tip. \ a'' •:)>V .n fu: co .. /. ✓et, : ,. ` Anna �{onarski vo as executors of Last Will and Testament 2 e:9. Of,Elizabeth Bedell, deceased. , . Yn..ny SvSM ' dF, +d 1A,0:4na'Wt X14 •eros 4l ^ Ute Tk*;' r h • J'4 a. 1. ,ti' Y R ''!1J 4.{ l l';$4.,,std:' ,.j+54 d"A •ty ' n'S, a ,K : •;:,sicia ,tl( a e '4W e}, 146 4 �� 4 ',Sec-, , 4 alittl 6 .a � .+ yt n x �y i,: A •-•,,,.,:!/:.:ii, 2 z,5 r .� f t�ir, ar "'� b, P h * etf4"e ;h' 4sa" Ity Far ,n,�kO vi tiny f i vt ✓r ; Di ayse d, r.+v+cis, 7.,,,%sa 4 q'hnr0 d s ;t c,,�rpJ��+,E{7 r. r til is • t,ks'..� y +fes ':? Cn 4 4 +.4:`cT ,� t A. ,ij Y . 1��gY koi,r 11 r 4, ,it--''ii' f j4,? p„bq,4 r yaaY ,,..,,-. .., ,it ' �YlYt'2 y'-r4. • # ^ 5r t` r 1,1t1,111'' itdi ' ri• i :p r z a ' f `�,�y,+�,�i+r$ T. . 1 Y � " "Frtr�'F.. �' 1r?a i'�t+.yl! n"1'"' bX� '�:..'.f l� '..N 1=. IMIE _ . .., , . . .. . . • • • •• a.V.0.- .,.....f.' !I;,5,r•rf 1%4: ..,„rm. .5,,,,,,74.26,".,-ry.-:;„ ,, .0.',1,.,.2t.. ,';.... , • att2.:y 5 ite3). ' .5;,-.',..:'‘,. 4;4e'.“','" . . .' A ',..•-‘1”.-,•'- ...L"- . •t5N.i.f :nrt0- • ,.'i''' c-,t, .....W...i -,'•:-..• 13.,.‘,.i'".)c:.. k. 7:4v,I.•••7'. ,,, .e...", . • .- -,. ,1..,re r . .....As ,. .. ;.,..tgi...?.? ..,, ,,,,!r.„.•, f rr iv' 1 , if, .•.irrtt.,,"/.:-t 1"4. •* •••,•• •••,.....ii:.;;;:rr:•.:. .•: • -....c.,:- •....'.' . ,. , •,,,,/,:r• il.;;„••••.• ••:. ' .....,;;•• , A,..;•.: 1.. 'y ti,,44 %. 'zst-te.,•-•:i .v. . ,Lfire.il . We;eL:c.'.ittit.:;e....4s:nti, :,‘,-,.,i, .. , :1- ! • -ti:.....;': ''''Y' --‘1=‘. .1.1 .e'17V21.• i , ,'-eo,".', :;.:7'...."41.7.71.7:.e. •' ''''' . .,'it'; el . • ' ' ;'1".:,, ry _ -,t-kct:..t...',.-..r....,,,•.t St ....,, 1, -t3,,' t i.„.„..,X,V./....',',',1.,51 &i . ..."7•• •' 7.--...—.7 ktit;:..7`...1.74;•!711,14,..i, .'' •. '. '1•`, : : ..., .c.7.c.'•;' 'eat vt 's 'Wrirt.frriri...,!er,I.,.)\ ..* Arrk,,INL. • 4-, ,A.:;„..,.. :.,;.„3,,,,,-...,., • . ii 4.. . • ./.,,i. qt-c, , ',•- .-4 ,-A-• lt..,. ..:, -&.:4-. ,44.:004-,: ..4. t ia.!. ,‘;111:rc- '• _): thl. ' :.".. Ft.17.-'. .. . . • `...'` . 6,., •. L., L,44; ; e..4il, ......, ...f. 'St .\1.1t.h,-,c.: '• ,etit.,41:, ,a *1044:0,,z,24,6 'ff -9..',4,-..,;.'soci., •:•,,,',-;.,:::,;.. • • . - 1..1,. • - • '•.). ,,..,,'..;.-.: '.:-,,.;;Vitc`..,‘ :;.;"Z;;;;.,„'.4--...,'.0.-1:fr -' 1,7,1::;,a'ig:c...fr.nrat -:'4 .• - .,• .• :1:.--..t:ti. '.:..... ,—, -..•..44.,,, ,,,, . .,411.,4 r, fr." ,.,leri6197 :' 4k,,...,,,,,,.. "I .r.r':',?:.- S''‘.: •%4";,:-.'..".... :" " ' '• , 1 ts ':-.,:::- -' -7*".:::;:.: i ,,,,;..",::: : - .' ..,,,,.• . : ' - t STATE OF NEW VOW.:COUNTY OP SUFFOLK t . at STATE 0111 TIM YORK, COUNTY OP "I .. . - . . • .. Chi the 4th day of August, :t-.197. before me On the day of 19 , before me i • p.Isim.,11) rustic - personally cine • ' ANNA KONAItSE/.,,-- • ' • . ,- to toe known to he the individual:Y:deigned,in:ana who to me.known to be the indieldnal . described in and who oriole(' the foretioing instrumeOV,arol,aelopwlolged that executed the'foregoing Instrument. and acknowledged that sue 4:Nei:wattle -• C. - ..tt....t). .. , f.::executed,the same,-I 7 1:r ' • * •.. • . . ' ,c, • ' • . • • , • .... STATE Of NEW YORK.COUNTY OF SUFFOLK EN STATE OF NEW TORE.COUNTY OF ' Set . , n . ()II ilat 4t,rt day of August, • *4167,before me On the, ': •. day of 19 ,before me .. jut'man) came Edward F. Litcbliult personally came UI tat- htl.,11,11, who, tiring by me duly sworn;-did depose and the subscribing witness to the foregoing instillment, with say i hat he resides at XX mattituck, .N.Y..Y. whom am personally acquainted, who, being by me duly ' . . - • • sworn,did depose and say that he resides at No. that he is the President 1 -•,'. ••!_;_.. . - ' of THE NORTH FORE BANK AE-TRUST that he knows • • COM PANT ,the corporation described , . • . . in u..1 v.I..t ft executed the foregoing instrument; that he' to be the individual • I 1,,1. i!C real of raid corporation; that the seal affixed - described in and who executed the foregoing instrument; to ....Id It:ottani-in is such corporate sial; that' it was so , that he, said subscribing witness. was present and saw ..-, affned In: order of the board of„directors of said corpora- execute the same;and that he,said witness, :inn, and that lie signed hist* litieneto by.like order.. at the Tame time subscribed h ,name as witness thereto. • • . .. . . t .- • . ' •: I • ta,,,, (\. lii;I )1,14 i, • . .. . ii Notary Public • • ... . . . . . . - ' executors 3Dreb :: , •: - . , • SECTION . • • ' ',1ITLE NO. ' BLOCK • . ' 'THE NORTH FORK BANK '& TRUST:C9ISPANY • .LOT • SO"Ntti6". . 'and ANNA KONARSKI, as Executors of COUNTY Cit-Town ' ELIZABETH BEDELL, deceased ' .• • - "P's--)334Prigh. . • q ALBERT BARBANEL4.* FLORA:RAFfleiand. ' .OLIVIA RA , . At Isqerira Tb.Tilts -..• ..- : •• .• '4.-:;„,:-....--, - - - • . -,--:hr. • - RETURN DT atom To: • t; tt.Wri:. • , ,....•. •.' 111,4,1,4;r:in. t..,.....t7,..i.67;441.1.42.1cslii:t1:47,b,...,..m..,:til.iti,1,:;:i.l....:,:i,.., HABF7F14E:E&Hzu.EHAAIDIFAsckhri..:;:::,4., ..- atirlin; - 64(iit(1-;fa cfr 0144/..791 .;.,ji • ,r.frt.:-....',..1..-•.4 4'44 .2 \-,•,,,,m. . L-.... ?. Nr--.. -k•--- .....," Pi , ,. .......„ :„....,...,tit ra 4..tf'. elfitiettiklk ' ZZipNo 1 . - . - . . . , . u. . . . ' . . . , 1 :. . '.4 ''',"t:',....., f" .' a Ett.R El:Il :7:4N.; .,,,p " ..t.,, ......-i.., -. ..,..., ,. • - L.. .. LL ,,;,,,t1.1.. . . -; , ..0"..d.-•,.. . : .,:.:... r. . 1 .. . ....' . ':' .",, c.,- .'; ',, :',;'..-2 L....- .. . • • .. • .• - tr • ' • ' ' Ug-4-5.1907,4 • • . . , LNI303 3/1 rdin I ./Sni. 40 34E219 lib , V- , NORMAN E KLIPP . •. :. •• .- - 11 iu sr • . . I h g r. . _ . .• . . . . . , - . . . . . . ... . . . , N j• ‘43 • I ce . . . ----------- -- -- - - - - st - • - • . - •. - . • . - . • FORM NO.4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED Certificate Of Occupancy No Z10958 Date April 26 , 1982. THIS CERTIFIES that the buildings j 2 ) Location of Property 1120 Bridge Lane Cutchogue House No. Street Hamlet County Tax Map No. 1000 Section 085 Block 02. Lot 006 Subdivision X Filed Map No. X Lot No. X conforms substantially to the-Applicatirnr fat-Batting.Permit heretriforr-filar ill-this'°MudVaud . . . . . . . . . . . . . . . . . . . . . t9---pursuantttrwl>iclrBnihttngPermft14tT. . . . . . . . . . . . . . . . . . . . . . dated . . . . . . . . . . . . . . . . . . . . . . . . . . . .-19--rrwasissnet Brr&co1rfarnisrto all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is a pri,vpte ope-family dwelling, ,a wooden storage barn , and a fence .* The certificate is issued to Kenneth & Barbara M. Hancock (owner,lessee-or tenant) of the aforesaid building. Suffolk County Department of Health Approval not required UNDERWRITERS CERTIFICATE NO not required *This is an updated C . of 0. of the following two ( 2 ) permits : B . P . 54812 , issued August 26 , 1971 for a new dwelling, C .O . Z4955 issued December 21 , 1972 & B. P . 6436 Z , issued March 25 , 1973 for a barn & storage bldg . , ��C7u.,O . Z5157 issued May 22 , 1973 . • Building Inspector Rev. 1/81 EXIMIT • BUILDING DEPARTMENT` . TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 1120 Bridge Cane Cutchogue (number & street) (Municipality) Subdivision X Map No. Lot(s) Name of Owner(s) Kenneth & Barbara M. Hancock Occupancy R-1 owner (type) (owner-tenant) Admitted by: Mrs . Hancock Accompanied by: same - Key available ' Suffolk Co. Tax No. 085-02-006 Source of request Richard F . Lark Date 4/13/82 DWELLING: Type of construction wood #stories 2 Foundation poured cement Cellar full Crawl space Total rooms, 1st. Fl 5 2nd. Fl 2 3rd. Fl Bathroom(s) 1 Toilet room(s) 1 Porch, type open Deck, type cement Patio, type Breezeway Garage 2-car Utility room 1 Type Heat electric Warm Air X Hotwater Fireplace(s) 1 No. Exits 2 Airconditioning Domestic hotwater yes Type heater solar heater Other two wood burner stoves ACCESSORY STRUCTURES: ' wood Garage, type const. Storage, type const. barn & storage Swimming pool • Guest, type const. Other wood fence VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. toilet rm. floor not waterproof III 52-32-D bathroom, fixtures not installed yet V 52-51 -A , 1 2nd floor This is an updated C .O . : B . P . 5481 Z , issued August 26 , 1971 for a new dwelling , C . O. Z4955 issued Dec . 21 , 1972 & B . P . 6436 Z , issued March 25 , 1973 for a barn & storage bldg . , C . O. Z5157 issued May 22 , 1973 . Remarks: Inspected by: af-2,( `—Date of Insp. April 22 . 1982 Curtis W . Hort6n Time start 3 : 30 end 4 :00 EXHIBIT a 411 411 LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 -------------------- Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS August 15, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals Town Hall Annex 54375 State Route 25 P . O. Box 1179 Southold, NY 11971 RE : Henry Oman and Christina J. Oman (SCTM #1000-085 . 00-02 . 00-005 . 000) Dear Mrs . Kowalski : In connection with the above-captioned matter, I am enclosing seven sets of photographs with attached map which are to be included in the Applicant ' s variance application. Very truly yours, Richard PL :14I RFL/bd Enclosures r /too - SS- a s TOWN OF SOUTHOLD PROPERTY 'RECORD CARD OWNER STREET 1 0 VILLAGE / VO DIST. SUB. LOT fit° hr Inca BL „ VI ,�e✓- e La t ` v c.. 4a e. 'a cb- ` e FORMER OWNER NE ACR.C -s -- elt � 6 S TYPE OF BUILDING air a)• , orr'o 1-Ano. Cep, k RES. SEAS. VL. a FARM COMM. CB. MICS. Mkt. Value �e� ° LAND IMP. TOTAL DATEREMARKS/,2 /9 7) 1e�3jneis 1 i . Di ; ,}a, ;4,,; o o a 8 boo ✓ a z3 '� it iC �� �` . 6 >"3u � „de, C, ? ? 7 too a a as .2o a , 00u 0 4 /0 7S frig/ ,sons Ell= • Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD) `�ja 4 f• t l =. /t ye G Meadowland DEPT ?f31yCt-4 e/ 0 c „ Nouse Plot BULKHEAD Total COLOR NA T LJ R 1,4 1– TRIM w H- I T t ay a. . i ,g =vlrnnv or V1 aa" Is a / 3 4 _. _ ' 3aI GAR,, z s M. Bldg. e?/ x '3 4z- ' J/�l yta y e�4 S�/ 13 — Extension 4/ it a/ ' 1' `r/ /0i 3,: -3/,( Extension Z/ u /( t 3 7 i Exlision Foundation PG . Bath / tet, Dinette Porch Basement _IC v 4 L Floors ? .ri/�, K. Porch Ext. Wars !Jodi) 3,46/VG Interior Finish wA`L t3.D LR.- Breezeway _ Fire place '/F.S . Heat t s DR. Garage .2 S`k a ' G a c /� Q. 4 el,-Tyne Roof —7 Rooms 1st Floor BR. Patio / Recreation Room Rooms 2nd Floor FIN. B O. B. / q Dormer Driveway J;p Total / y 0 J COUNTRY LIVLNG iVillage Wichita #w1081 "ItI♦ 4' q-:}yam � •• ; 9 bil 7F la I '' T _-yR - t t �. . _ PORCH BEDROOM BEDROOM 10111 10 x 12 • 0'. KIT. loft .-� 16x7 rxig "I fr loft o,er DINING 1 10 x 11 EN1. 17 If 17G 17 If t7 PORCH FLOOR PLAN 950 w.ft. Tum-of-the-century Craftsman-style bungalows First Floor: inspired Steven Duarte's charming cottage. 950 sq. ft. Board-and-batten siding, front and back porches Total: with fieldstone piers and a sloping roofline define 950 sq. ft. the exterior of this single-story retreat.The open dining and living room Is Illuminated by the wide EXHIBIT C • TOWNOF SOUTHOLD • BUILDINGiTERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631)765-1802 Planning Board approval FAX: (631)765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT It 1 8 2006 _'"1 j Date July 18, ,2006 t 1. INSTRUCTIONS i--_! i •L0 a. 1 's a.Or s • • etely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. f&Sic4S ) P.O. Box 248, Cutchogue, NY 11935 (Mailing address of applicant) ' State whether applicant is owner, lessee, agent,architect,engineer,general contractor,electrician,plumber or builder owner Name of owner of premises Henry Oman and Christina J. Oman (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: Cutchogue 1380 Bridge Lane House Number Street Hamlet County Tax Map No. 1000 Section 85 Block 2 Lot 5 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy remises and intended use and occupancproposed constniction:*' a. Existing use and occupancy one—family dwelling b. Intended use and occupancy setoff building lot and construct one—family dwelling 3. Nature of work(check which applicable):New Building X Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units 1 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 1 approximately 950 sq. ft. 9. Size of lot: Front 90 Rear 215.04 Depth 319.20 10.Date of Purchase 10/3/72 Name of Former Owner Chris T. DiGregorio 11. Zone or use district in which premises are situated Agricultural—Conservation District (A—C) 12. Does proposed construction violate any zoning law,ordinance or regulation?YES x NO 13. Will lot be re-graded?YES x NO Will excess fill be removed from premises?YES x NO Henry & Christina J. 1380 Bridge Lane 14.Names of Owner of premises Oman Address Cut chogue, NY Phone No hone No. (631) 734-5432 Name of Architect Address Phone No. Name of Contractor 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. • b. Is this property within 300 feet of a tidal wetland? * YES NO * 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 SUFFOLK) CHRISTINA J. OMAN being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, one of (S)He is/thefr ) (6entmeterrAgent;C-orpera efsaidewnererowners,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 /from day of July 20 06 Notary Public 1P-_ f Ap . t (::)(4t r BARBARApDIACHUN WV, k Msbn San Oct 31,200�i Town Of Southold P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 09/21/06 Receipt#: 1099 Transaction(s): Reference Subtotal 1 1 Application Fees 5970 $600.00 Check#: 1099 Total Paid: $600.00 Name: Oman, Henry&Christina J. 1380 Bridge Lane Cutchogue, NY 11935 Clerk ID: MICHELLE Internal ID:5970 . • ill • \ \ , \ \\ \ „ , A \ , RR __--c\----- , \ , laity, \\ ,, . \ , ,, . 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'N n g ®® 1.4 0.1 ' EUCENES ®h .. 104 y1.111c1 H A 2 26.3 Rl I1.5 II b 1.14 1.3710. 1.Bd }, I'IJ 4 49pP�(gr 3.1(c .�N \12 ' ' 31.10 OIt* I a ` 11 w ® T '$ 1 6} 3 6 ue 10.641917. " 2114 \ f aBr ,11111/41444$' '1G ,44�1p( CR , 0/ "awl ®_• 204 9 Tam�oauExauTwlo _ a M1� ego .. EAST ••••, 20 2p11 • .t `�4u g / / /. *F t4 YSR2 245 -P y"11\1 -, a , Co is' �F (1/ _..— �� %. Cs �°@2 20 \. / °D c..9...:(\c. T 1 2 5q / 4.3.- O I IN- • �\ PRo , • P ` 1/49 �' R ms's gyp. / ' S7 1. A° 5`� 1/4J Qs L0�411� /// :k9 F4' op Cr ,3� MAP OF PROPERTY Dia mss. // / 4) v3.-P� P \9?° FOR THE /� �F P OMAN FAMILY e z� o A T Q ,5 CUTCHOGUE" s -i-n.` �s TOWN OF SOU TH 0. iOL D o. �° e • SUFFOLK COUNTY ,N. Y .Pr � c 1000-85-02-05 iO Fo E / \ c SCALE : Y'= 50' ^ od / \ v" to /6 \. Q ( July 14, 2006 a Q Pooh S c€€= (15) � Cls, o '00 �5 j\ 1 O'r ti oo k6•\ 6 °c 5 ��v� ,�5 y� P��oFNEwyo \-.> \I . y� tea'(. k' cf. �n �y�)l� 00OPQ �O' �a Fla (11) �' * `p� �i:r., �r � � mq l � Y. C. 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Steve Levy Penny Wells LaValle TAXMAP PARCEL LINES AREDistrict 1000 Section 085 NOTICE THIS IS A PHOTOGRAPHIC PRODUCT County Executive .- - Director COPYRIGHT SUFFOLK COUNTY COUNTY OF SUFFOLK ° N SUPERIMPOSED OVER AN AERIAL DIGITAL • . '- PHOTO-NOT A MAP REAL PROPERTY TAX SERVICE AGENCY THE COMPLETENESS OR ACCURACY OF THE TAXMAP DATA DISPLAYED HERE . :••,,; 11..../ ill', ‘, f IS NOT GARANTEED-AS THE PHOTOGRAPHY ,) 1 \ , SCALE IN FEET: Real Property Tax Service Agency E WILL BE OFFSET BY+-4 FEET, , g,V .‘t, NOT TO BE USED FOR SURVEY PURPOSES i .4...t2 kisso',7: . - 90 0 90 180 270 Feet County Center Riverhead, N Y 11901 .... — ......, , S • i �� 6T� • \ 'P 9/CJ N'N / �� / / be y / �boa � ^ �..7 ic.• 77 /• • •c9.1 - ,�S -1 d,/ J p / OP • ,,` • ,-....k.., / 1, . ,•_ 3 9.SA C �2 27,2 // ,� ( ) ,� pQ , /' ,pF 'a, • / , / ivy / d ',� � / 6 2 p �' .';\,),,,. �,? r:'' j • pq ea� • � .� / \ ,o / 9:-.. / T 10.2 N. iso ,` ..�' �_ / Ab;'� ��,`� /; /// .. i 6P \., ,1 o / N 4/ J� .. / ti < 1 1 N. '3s % \ \ N.._, 6.4A .. / ,3, Ash •- ti* / q .i„ y�J ,• �, \`,,, 11.3 13 • h� 37.1A til 41' 'N.:N. . , • 5-2A J,' �'► ?y , :,,,- , i ••• • / 4? ' / 4?>, . 4° / � % 1.1 .. a -;\ 26 . .j , 6.5A `C. \ i . 4 �.' ,'4r '( /// 't�; 2 '� '6 • 10.3 NNN �� • ' / S . .- -- - / ',,, ,.'(14 44r ':', ,' •.'t.;-•,‘ 'AI /% „,, am49 s 2.0A 2t>. ° ' 6 is 76 \ ' 'Ass 12.7 4, 12.12 2...,. / ' ', 14.8A 2 9A �s 4 S9a --. . 16.4 , 13.3A di 7 ' 3 Ss ,9 y "4(c) NOTICE Steve Levy Penny Wells LaValle TAXMAP PARCEL LINES ARE � r District 1000 Section 085 THIS ISA PHOTOGRAPHIC PRODUCT County Executive. ._ - Director COPYRIGHT SUFFOLK SUPERIMPOSED OVER AN AERIAL DIGITAL (�QQ(n,�� COUNTY COUNTY 4 F our F O L K N PHOTO-NOT A MAP THE COMPLETENESS OR ACCURACY1= ;:. REAL PROPERTY TAX SERVICE AGENCY OF THE TAXMAP DATA DISPLAYED HERE 'a.t 'lit ~ \I — IS NOT GARANTEED-As THE PHOTOGRAPHY 4 . 0 bl SCALE IN FEET: Real P rO p e rty Tax S e ry I Ce Ag e n Cy -- - E WILL BE OFFSET BY+-4 FEET, 'rc/• THIS PRODUCT Is `��` 90 0 90 180 270 Feet NOT TO BE USED FOR SURVEY PURPOSES !' , • County Center Riverhead, N Y 11901 EXHIBIfi:01' '„ .., — 111=1111 ..11111 INIIIIMINi v i J . . . 1 R 1 el ri 7 E: .r z-4 vow ,s.-A.' / Ni JAMS CAR,�OL I - ss9 zC •;v/': f9/-3 S 54 U3 /'GG°� 3 F7. -s F 4 B6:/ 13So1 I 13T0/ <I T r. S 54,14-10011E: 602•60 l35a/ / 35. 0/ ZIZ. 54 r}• Ill 1136.9 a Q / 2 �.SU l,ZO.O IZU.O /ZOO /20,0 " /ZU.O / 3? G /^�. 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'...„,Iv,ivipow,_..•. .o.........t to 0 o: M* limp 2006/09102 ...,r ..-.4. 3 . +r. 2006/09102 '_ .._ 11. te• %At' '' �4" -w'"+, -''6s;°i�., r..� - c.++ .r • ..ate , ," !. x #2, 3 : r� P s f - " ,. +�l vim h. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET • (Filing of Application and Check for Processing) DATE: 09/20/06 ZBA# NAME CHECK# AMOUNT TC DAW 5970 Oman, Carroll L. 1099 $600.00 SEP 2 1 2006 Southold Town clod TOTAL $600.00 LARK& FOLTS Attorneys at Law �k L .1 aw G 28785 MAIN ROAD POBOX 973 DEC 2 6 2006 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 rS Pas:LS Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS December 22, 2006 Mrs . Linda Kowalski Southold Town Zoning Board of Appeals 54375 State Route 25 P. O. Box 1179 Southold, NY 11971 RE: Henry Oman and Christina J. Oman Appeal #5970 Dear Mrs . Kowalski : I want to thank you for clarifying the unfortunate situation concerning the December 6, 2006 letter from the County of Suffolk, Department of Planning to the Board of Appeals . It is my understanding this letter will be disregarded and not included in the record. Therefore, it will be unnecessary to have a rehearing to consider the contents of the letter. As a result the Board will then be able to vote on this application at its December 28, 2006 meeting. Thank you for your assistance in this matter. Very truly yours, i/ Richard F. Lar RFL/bd 1 1 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F S OUT H O L D 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 November 30, 2006 12 9:30 a.m. 13 14 Board Members Present : 15 RUTH OLIVA, Chairwoman 16 GERARD P. GOEHRINGER, Board Member 17 LESLIE KANES WEISMAN, Board Member 18 JAMES DINIZIO, Board Member 19 MICHAEL SIMON, Board Member 20 LINDA KOWALSKI, Board Secretary 21 KIERAN CORCORAN, Assistant Town Attorney 22 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 2 CHAIRWOMAN OLIVA: Next hearing is for the Omans. Who is here to represent them? 3 MR. LARK: Richard Lark. 2 CHAIRWOMAN OLIVA: Mr. Lark? 4 MR. LARK: Richard Lark, Main Road, Cutchogue, New York, for the applicants. To start 5 with, I'll hand up the affidavits of signed posting. 6 BOARD SECY. KOWALSKI: Thank you. MR. LARK: The applicants, Henry and 7 Christina Oman, as well as their daughter Carol, which is the purpose of this hearing, are present 8 and so if the Board later on has any questions, they're available here to answer them. 9 The applicant is requesting an area variance in order to divide their property into 10 two lots. Proposed Lot 1 will contain, as it does today, the applicant's house with no changes. 11 Proposed Lot 2 will be gifted to the applicant's daughter Carol, so she can build a house for 12 herself. And the proposed building envelope is more or less supported by the Planning Board you 13 have in front of you as part of their application. 14 Before we get started, I need to give you two updates for the record. When we started -- and 15 the building inspector quoted the reason for the variance was Article 3, 100-32, that's been 16 changed to Article 3, 280 Section 14, but there's been no change in the content because it refers to 17 the bulk schedule as affects this application. Also, since the application there's been another 18 change in the community, the Suffolk County Water Authority has put down a water line running the 19 length of the Main Road all the way up to Bridge Lane connecting up on the dual highway, Route 48. 20 So there is now public water accessible to this lot. The reason I mention that is if it is 21 approved and the Planning Board subdivision is approved, there will be no difficulty with the 22 Health Department in obtaining building permits. So those are the two basic changes. 23 The applicants prior to the commencement of this process did go to the Planning Board to 24 discuss the subdivision of the lot and the reasons for it. Originally, the applicants had submitted 25 to the Planning Board what we recall as a flag lot, but the Planning Board came back with the 3 1 2 application as it's before you, as they felt that a more traditional type of lot split or 3 subdivision would be more in conformity with this rural neighbor on Bridge Lane. And they felt it 4 would be more fitting, and in fact, recently the Planning Board had written you a lengthy letter on 5 October 26th explaining their position, which is in support of this application. My only comment 6 in bringing it up is that when I go to the property as I have many times, it's my feeling 7 that the proposed building envelope on proposed Lot 2 could be set back maybe another 15 or 20 8 feet to the east. I think that would be more conforming, especially when you look at the aerials 9 and can see the irregularities of the front yard setback of all the homes that were built there on 10 Bridge Lane. They all vary a little bit and it would not be inconsistent with this 11 neighborhood. As stated previously, this application 12 here is to go forward with the Planning Board, the Planning Board set out three area variances, the 13 first one is size, the relation in this neighborhood is 80,000 square feet, and when I 14 show you the subdivision map, just about every lot on Bridge Lane, at least 90 percent of them are 15 all nonconforming lots. But be that as it may, the zoning requirement is 80,000. Lot 1 will be 16 40, 002 square feet, and Lot 2 will be 31,314. The other requirement in the zoning is 175 feet of lot 17 width. Lot 1 will be 140 and Lot 2 is proposed to be 90; and the other variance is that the proposed 18 Lot 1, would be side yards presently and the zoning district is 20 feet on one side totaling 19 45. Lot 1 has 30 feet on one side but proposed to be 16, which is a four foot variance, but it still 20 would have 46 feet total side yards. Lot 2 would conform with 25 on one side and 35 on the other. 21 To issue the area variance, the Board has to consider the five mandatory factors as set 22 forth in the state statute. However, in applying the factors, the Board has to gauge in the 23 balancing test, which, of course, as the Board is aware, is the benefit to the applicant, versus any 24 detriment to the neighborhood. And I submit to you that when you go to the property and you look 25 at the overall situation, that this is a rural environment, a rural residential environment that 4 1 2 we're dealing with here, and applying the five factors, I believe the Board can find that there 3 is no detriment to the health, safety and welfare to this neighborhood by adding this one house, 4 which would be the net effect of granting the application and getting the subdivision from the 5 Planning Board. If the variance is granted, then the 6 applicant's benefit is they get their long-standing wish being able to gift the property 7 to their daughter so she can build a house. The other benefit is the daughter will be able to 8 remain in town in her own house, which as we know due to the inflationary nature and everything else, 9 for a young person it's very difficult to own and build a lot here under the present situation. 10 I gave in the application because it came up in the application process, three affidavits 11 which set forth the history of the property, unless the Board has some questions on that, I 12 won't dwell on that as part of this application this morning. I think they're pretty thorough in 13 explaining what the situation is there today and how we got there since the late 1960s. 14 On the five factors, just briefly commenting, the undesirable change to the 15 neighborhood, I believe a visit to the property will speak for itself. You have a mini version of 16 all the properties along the easterly side of Bridge Lane that -- and I think this is probably 17 the reason why the Planning Board, you have the smaller version of Ismar Acres. The point is 18 south of the railroad tracks as the Planning Board pointed out, why they wanted the subdivision done 19 this way is this is in conformity with all the lots pretty much with the relative size and the 20 dimensions the rectangular shapes of them all. They basically run from the railroad south 21 41 to 42, 000 square feet, and they all have a lot width of 130 to 135. So that puts this thing 22 pretty much in harmony, and that's what I think the Planning Board was trying to look for was 23 creating a harmony with this application. The second factor, the benefit sought 24 could be achieved by another manner. To achieve a subdivision on the property, we would have to have 25 the variances, otherwise the Planning Board can't proceed because the Planning Board's perception, 5 1 2 this Board, with the zoning what it is and R80, can legalize the property so that they can proceed 3 with the application. Is the application as requested for a variance before you substantial? 4 Conceded, if you consider them in a vacuum it is in relationship to the deviation of the R80 5 requirements in the bulk schedule. There's no question about that. But when you apply the 6 balancing test and consider how it would fit into the neighborhood because the neighborhood in and 7 of itself is basically nonconforming, and I have here to show -- you have it but it's not in 8 color -- we're existing Lot 5 (indicating) . You can take that lot in that area when you stack up 9 with all the lots on the easterly side of the road, this thing fits right in so it's not 10 substantial when you do it in relationship to the whole neighborhood. And the reason for that is 11 obviously the neighborhood is basically nonconforming except for the farm field on either 12 side on both sides of the road, both behind this property where the development rights have been 13 sold and across the way where the vineyards are, those development rights have been sold, and that 14 was a factor I think the Planning Board was considering; there's not going to be any 15 substantial development there of new homes of any kind except for the one or two vacant lots that 16 remain. So the creation of this one, they felt with the next factor would not have any adverse effect 17 on the physical or environmental conditions of the neighborhood, and the pluses I added, now we have 18 have public water. The last factor, was it self-created. The 19 answer is obviously yes, because they waited too long. If they had initially after they built 20 their home had gone for the subdivision, we wouldn't be here. Now, the only opposition that 21 was submitted was the letter from the neighbor to the east, Bedell, and it's unfortunate that 22 they're not here today because when I read this letter and when I went back and revisited the 23 property and stood on the rear line at the property line, I had tremendous difficulty in even 24 seeing their winery complex with their fancy deck and their fancy tasting room and everything. The 25 main reason is not the interference of the grape vine, it was the topography. I found myself some 6 1 2 10 to 12 feet lower than they are and even if you had a Hubble telescope, they could not see this 3 property from the tasting room or the deck or anything. So I find this letter highly 4 disingenuous. It was just interesting to me to note that here they are on agricultural land with 5 a commercial venture and they're objecting to something of a residential quality next door, and 6 I submit that that letter is disingenuous and probably should be disregarded overall. 7 I won't take any more time but in summary, when you put the five factors and put the 8 balancing test to it, I respectfully request that the Board could, without any difficulty, grant the 9 variance. Now, if you have any questions of Mr. and Mrs. Oman or myself, feel free to ask. 10 CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: I have several 11 questions. First of all, it may be that starting with the Bedell letter going backwards to forward, 12 it may be disingenuous to talk about the view from their place, but it's also disingenuous to suggest 13 that there's something irregular about them having a tasting room in a commercial area since that is 14 a legitimate well-established use of a vineyard. As you know, it's well established. But more 15 important than that, I'm concerned about what may be a bit disingenuous to keep referring to the 16 neighborhood, whereas in fact, as I understand this, you're really talking about one corner of 17 the neighborhood, namely the part to the north, but not to the south, which is two acre zoning and 18 maintaining that which was not part of the subdivision, not to mention what's on the other 19 side of the road. So what I see here the neighborhood argument, which is not your only 20 argument, does depend on comparison with the houses that were in the approved subdivision, 21 which the Omans might very well try to join later on. But in effect it looks as though it's a 22 changing of the original zoning line which occurred, which that subdivision was granted, 23 namely on the south part it's two acre zoning, including the Oman's house and in the north it's 24 one acre zoning, not including the Oman's house. So what I think you're asking for is if 25 only that zoning line had been drawn two acres to the south then the Omans would not really have a 7 1 2 problem. But there is one more problem and that is the house just to the south of the Omans very 3 much like theirs, it's one house on what is nearly two acres. And what is to stop them from 4 then deciding that they want to subdivide their property so they can put yet another house on the 5 east side of Ridge Lane? It looks as though we're going on kind of a slippery slope toward undoing 6 the R80 zoning and turning it into defacto R40 zoning. 7 MR. LARK: To answer your question, I can't speak for the neighbor to the south, but the 8 zoning, when the Ismar Acres was granted, it was all R40 over there and the zoning went in later, 9 therefore creating the nonconformity. As to the property across the street to the west, that's 10 part of the Pugliese situation over there and all the development rights have been sold. So there's 11 going to be no further development on the westerly side, basically from the Main Road all the way to 12 the railroad tracks. Of course there is a residential component north of the railroad 13 tracks, but south of the railroad tracks that cannot be developed as well as to the east. So 14 what happened is the zoning, when they went to R80, they did a blanket of the whole area 15 and just incorporated everything basically from the dual highway all the way to the Main 16 Road. So that explains that. As to the question to the neighbor to the south, I have no comment on 17 that. BOARD MEMBER SIMON: Right. But the R80 18 when the upzoning to R80 occurred, the previously approved subdivision was essentially carved out of 19 that. MR. LARK: No, it's not that subdivision 20 is R80 as we speak. BOARD MEMBER SIMON: Was it approved as a 21 subdivision after it was R80? MR. LARK: Before the zoning was upgraded. 22 BOARD MEMBER SIMON: Exactly what I'm saying, it may be R80, but it's nonconforming and 23 they might as well have said that's R40. They could have called it R20 if they wanted to or R200 24 because they were not going to interfere with this subdivision, which is essentially grandfathered 25 with the reestablishment of the zoning law, okay, fine. 8 1 2 CHAIRWOMAN OLIVA: Any other questions? BOARD MEMBER GOEHRINGER: Mr. Lark, it's 3 my understanding that both the properties surrounding this, not to be redundant, is all 4 involved in the development rights? MR. LARK: Yes, both on the east, the rear 5 yard, as well as across the street to the west, all the development rights have been sold. 6 BOARD MEMBER GOEHRINGER: Including the piece that's just southeast of this? 7 MR. LARK: Yes. CHAIRWOMAN OLIVA: And across the street 8 here? MR. LARK: Yes, definitely across the 9 street. BOARD SECY. KOWALSKI: Mr. Lark, the 10 number on here, this number 5, is that a county tax map number? 11 MR. LARK: I believe it is. To answer your question, yes, it is. 12 BOARD MEMBER GOEHRINGER: Yes, it's number five shown as 1.6 acres. 13 CHAIRWOMAN OLIVA: Leslie? BOARD MEMBER WEISMAN: I have no 14 questions. CHAIRWOMAN OLIVA: Jerry? 15 BOARD MEMBER GOEHRINGER: I did already. CHAIRWOMAN OLIVA: Jim? 16 BOARD MEMBER WEISMAN: I have a question. I just read Chris DeGregorio's sworn 17 statement here. It looks to me like they created two lots there. There was an intention at one 18 point to make three, but they never did. MR. LARK: Going back when I did the 19 history on it, which you have those affidavits, it was proposed at three lots but the seller wouldn't 20 do anything, you had to buy it as-is. So Mr. DeGregorio and Mr. Oman, who is also here, 21 bought it and rather than go for the expense of the subdivision to do it in three lots, 22 Mr. Terry, which was his power at the time, said you can cut it in half and I will give you 23 building permits on either because it conforms with the zoning, and you're larger than the 24 existing zoning, and your proposed house conforms to the zoning. That's how the building inspector 25 did it in those days. They did not require to come back. Technically speaking, if you read the 9 1 2 law, even then as it is now, you have to go to the Planning Board. You wouldn't go to the Board of 3 Appeals, of course, but you would go to the Planning Board to get a subdivision. Things were 4 a little simpler in those days, late '60s, early '70s. 5 BOARD MEMBER DINIZIO: Right. But I mean, in any case if they had three lots at that time, 6 it would have been conforming. MR. LARK: Yes. 7 BOARD MEMBER DINIZIO: They decided for whatever reason not to. 8 MR. LARK: Expense, money. BOARD MEMBER DINIZIO: Separate deeds for 9 two lots but never separate deeds for three lots? MR. LARK: That's correct, that's what 10 happens. BOARD MEMBER DINIZIO: In reference to the 11 letter from Bedell, he's talking about screening, and I couldn't make heads or tails whether or not 12 that screening was on his property or the applicant's property. 13 MR. LARK: The irony is you stand on this property at the property line, you can't see it. 14 BOARD MEMBER DINIZIO: But I mean the screening that he's talking about that he didn't 15 want these trees taken down. MR. LARK: They're on our property. 16 They're all cherry trees. A lot of them have been choked out with the vines and everything in the 17 back if you go back there, but probably should be cleaned up a little bit. But those trees are on 18 our property, that was a potato farm before it was a vineyard and that was the property line and the 19 trees just grew up there. BOARD MEMBER DINIZIO: Because I got from 20 the letter that he was maintaining a buffer between the residence. 21 MR. LARK: No, no, no, not at all. BOARD MEMBER DINIZIO: And you were going 22 to tear it down. MR. LARK: Not the case, that's why it's 23 disingenuous. That is not the case. CHAIRWOMAN OLIVA: And you did say at the 24 back end of Mr. Oman's property there is like a drop off, the elevation drops off? 25 MR. LARK: Yes, ma'am. CHAIRWOMAN OLIVA: About how far, three 10 1 2 feet, six feet? BOARD MEMBER WEISMAN: It's not six. 3 CHAIRWOMAN OLIVA: Three? MR. LARK: There is a dip there, and if 4 you notice that's not farm; that's where he has his irrigation well and stuff like that, 5 traditionally when the potatoes were there because it's a little different land there. 6 CHAIRWOMAN OLIVA: Anybody else on the Board have any questions? Does anybody in the 7 audience wish to speak on this application? Yes, ma'am? 8 MS. PETER: Good morning, I'm the Omans's neighbor to the south, I'm that other piece of 9 property that was never subdivided. I have no objection to what the Omans are requesting. I do, 10 however, find it difficult to understand Bedell rejecting. Because they recently put on a big 11 extension, and no one in the neighborhood had any objection to it. We welcome them, they keep their 12 property beautiful, but they also have parties on Saturday nights, the music is relatively loud. 13 It's wonderful, it's a commercial-type establishment, but we live in a residential area, 14 and I think we would like the same consideration that we give them. 15 BOARD SECY. KOWALSKI: Could we have your name for the record, please, ma'am? 16 MS. PETER: Patricia Peter. CHAIRWOMAN OLIVA: Thank you very much. 17 Is there anybody else that wishes to speak on this application? 18 MS. OMAN: My name is Carol Oman, I'm the daughter. Just for the record, obviously it's 19 hard to afford land in Southold town, and I have applied for the affordable housing but was just 20 over the limit as far as income. So having no other options, we're requesting this. 21 CHAIRWOMAN OLIVA: Thank you. Anybody else? 22 MS. OMAN: I'm Christina Oman. The only thing that I would ask as a mother, her father and 23 I would ask that you find favorably in this because it's our daughter and her future, and we 24 have two children who live in the area, and we would like to stay here, and this is the only way 25 she can do it. It's just too expensive and we had the property years ago and never anticipated any 11 1 2 of this. And we just hope that this goes through. CHAIRWOMAN OLIVA: Thank you very much. 3 MS. OMAN: Thank you. CHAIRWOMAN OLIVA: If there are no other 4 questions from the audience, I'll make a motion to close the hearing and reserve decision until 5 later. (See minutes for resolution. ) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT HENRY OMAN and CHRISTINA J. OMAN OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 85 _ 2 - 5 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, RICHARD F. LARK residing at 550 Birch Lane Cutchogue , New York, being duly sworn, depose and say that: On the 17th day of November , 2006 , 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 trot date of the subject hearing date, which hearing date was shown to be November 30, 2006 // .40.11> V/-7, (Signature) Richard F. Lark Sworn to before me this 30th day of November , 200 6 Do-t fit (Notary Public) BARBARA state�1, N,. NooO Dig63 15 90 S o 'Yo* Commission Expires�O+ct.l31lk, O *near the entrance or driveway entrance of my property, as the area most visible to passersby S LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS November 30, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Henry Oman and Christina J. Oman • Appeal #5970 Dear Mrs . Kowalski : Pursuant to your letter dated November 3 , 2006 in connection with the above-captioned matter, I am enclosing the Affidavit of Sign Posting. Very t ly yours, / V97 / 'Ichard F. L-rk RFL/bd Enclosure LARK& FOLTS � C Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS November 14, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New . +r - . •71-0959 RE : Hen:. Oman an. Christina J. Oman Appe.: #5970 Dear Mrs. Kowalski Pursuant to your letter dated November 3 , 2006 in connection with the above-captioned matter, I am enclosing the Affidavit of Mailings . Very t ly yours, / 967:444— ($,i6 hard F. Lark RFL/bd Enclosure t ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF HENRY OMAN and CHRISTINA J. OMAN MAILINGS (Name of Applicants) CTM Parcel #1000- 85 - 2 - 5 X COUNTY OF SUFFOLK) STATE OF NEW YORK) j, BARBARA DIACHUN residing at 875 School House Road, Cutchogue , New York, being duly sworn, depose and say that: On the 13th day of November 2006 , I personally mailed at the United States Post Office in Cutchogue ,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 (c )Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or priva%Le street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Barbara Diachun Sworn to before me this 14th day of November , 200 6 /! RICHARD F.LARK Notary PI State of New York No.021A7432500 Suffolk (Notary Pu l iC) CommissIon Expires Aug.31,-289 )p 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. -r Y ' v f LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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 11971-0959, on THURSDAY, NOVEMBER 30,2006: 10:00 A.M. HENRY OMAN and CHRISTINA J. OMAN #5970. Request for Variances under Section 280-14 (100-32), based on the Building Inspector's July 25, 2006 Notice of Disapproval concerning proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than 175 ft. of frontage/lot width along Bridge Lane, and with a proposed side yard setback at less than the code-required 20 feet from the division line. The applicant's parcel as exists contains 1.637 acres and is located in the R-80 Residential Zone District. Location of Property: 1380 Bridge Lane, Cutchogue; CTM 85-2-5. 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 and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: November 8,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN 2 \��h� cc: Town Board Town Attorney ' 9-°d1ZBA ir �d '��. Roy Reeve Agency -I - c Town Comptrol �y 1/2000) S-040(IRCV REQUEST FOR JUDICIAL IN'1'ERVEN'1'ION SUPREME COURT, SUFFOLK INDEX No. DATE PURWAst_u: For CleLlc Only — --- COUt1'I Y 9- t030 ,5 I I-(0(0 PLAINTIFF(S): HENRY OMAN and CHRISTINA J. OMAN IAS entry date DEFENDANT( CEIVED `ZONING yA, ' 1 OF APPEALS OF THE TOWN OF SOUTHOLD if i/, Judge Assigned 8 2007 Jh J.1 FE / Southold TOM Clod cO 'iv'CI - 1 1 ° �q ,,«.i�� n r^�_c rlr @1 Q RJI Date :-P--11.P Date issue joined: Bill of particulars served (Y/N) : ( IYes I (No • MATURE OF JUDICIAL IIITERVEIFrI0N (check oilE box only AND enter lhIcrmation) ( I Request for preliminary conference ( I Notice of petition (return date: ) Relief sought l I Note of issue and/or certificate of readiness ( I Notice of medical or dental malpractice action ( I Notice of motion (return dates ) (specify: ) • Relief souoht ( ) Statement cf net worth (XI Order to show cause (clerk eater return ' ( ) Writ of habeas corpus date: ) Relief sought ( ) Other (specify! 1 I Other ex parte application (specify: 1 "-c")1' -c 1' \„{• / 0'\ --1'(. • NATURE OF ncTion oR PROCEEDING (Check ONE box only) • HATR1.1IOII1AL ( ) Medical/Podlntric -Mitt ( ) Contested -CM ( J Dental -DM ( I Uncontested -UM ( ) 'Other Professional -OPM COMMERCIAL ( I Motor Vehicle -MV ( ) Contract -CONT ( I *Products Liability -Pt, ( ) Corporate -CORY l 1 Insurance (where insurer. is a ( ) Enaronmental -EU party, except arbitration) -INS (( I Asbestos -ASB l I UCC (including sales, negotiable -UCC I Breast Implant -9I instruments) O *Other Negligence -OTN ( I 'Other Commercial -OC " • ( I 'o her 'tort j Iuctucdingg intentional) ' -or REAL PROPERTY ' ( I Tax Certiorari -TAX SPECIAL PROCEEDINGS ( ) Foreclosure -FOR ( Art. 75 (Arbitration) -A11I'75 • ( ) Condemnation -COND .( Art. 77 (Trusts) -ART77 I I Landlord/Tenant -LT k Art. 70 -AR'I'70 I I 'Other Real Property -ORP ( Election Law -GLC ( Guardianship (MIL Art. 01) -GUARD01 ( 'Other Mental Hygiene -MUYU OTHER RATTERS ( 'Other Special Proceeding -OSP Check "YES" or "110" fur each of the following questions, 1< • } 1 - Is this action/proceeding against a YES NO YES NO • . ' ' (X) I 1 Municipality: Southold Town ( ) ( I Public Authority: 1 • (Specify Article 78 ) (Specify` • t YES NO (X) ( ) Does this action/proceeding seek equitable relier7 ( I (XJ Does this action/proceeding seek recovery for personal injury? ( 1 ()CI Does this action/proceeding seek recovery for property damage? Pre-Note Time Frames: (This applies to all cases except contested •matrimonials and tax certiorari cases) Estimated time period for case to be ready for trial (from filing of RJI to filing of Note of Issue) : MCxP edited: 0-fl months O Standard: 9-12 months U Complex: 11-15 month's Contested Matrimonial Cases Only: (Check and give .date) Has summons been served? U No U Yes, Dale T•las a Notice of No Necessity filed? U No U Yes, Date ATTOIUIEY(S) FOR PLAINTIFF(S) : 1 Self I Name I Address Phone II Rep." 631-298-4200 U ? William C. Goggins, P.C. P.O. Box 65, Mattituck, NewYork U I 11952 ATTORNEYS) FOR DEFENDAN'r(sl : Self 1 Address Phone if , I Name ' Rep,k [ U Southold Town Attorney 53095 Main Road, Southold, New York 631-765-1889 1971 U should check the "Self 4Self Repte 1e!1(:eci: parties I:epreseltiiIICJ themselves, without an attorney, Pep." box and enter their name, address, and phone II in the space provided above (or attorneys. 11ISUITAJICE CARRIERS: NONE • RELATED CASES: (IF NONE, write "NONE" below) Title Index II Court Nature of Relationship • NONE ' I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOE) MAS A REQUEST FOR JUDICIAL INTERVEN'T'ION 'PREVIOUSLY BEENFILED III THIS ACTION OR PROCEEDING.//I I Dated: �(S TGNA'T'111JE 1 March 5, 2007 WILLIAM C. GOGGINS (-PRII•IOR TYPE IJiiJ ) PETITIONER ATTORNEY FOR ATTACH RIDER SHEET IF NECESSARY TO PROVIDE REQUIRED INFORMATION ti' \forme\tj17000.vpd • ! - 1 At a Special term, Part , of the Supreme Court of the State of New York, held in and for the County of Suffolk at the Courthouse thereof located at QNICMeT- S-r- -'-r- New York, of the `'day of March, 2007. PRESENT: Hon. HON.PETER H.MAY ER JUSTICE - HENRY OMAN and CHRISTINA J. OMAN, Petitioner, ORDER TO SHOW CAUSE -against- . Index No. 07- 80 3 6 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. Upon the annexed Verified Petition of HENRY OMAN and CHRISTINA OMAN, the Petitioners herein, duly verified this day of March, 2007. LET the Respondent, ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, show cause at a Special Term, Part , of sr this Court, to,be held on the day of March, 2007, at 9:30 o'clock in the forenoon of that day or as soon after as counsel can be heard at the Courthouse, located at 235 Griffing Avenue, Riverhead, New York,why an Lr - r Y order, pursuant to CPLR Article 78, should not be granted to review Respondent's Findings of Fact, Decision and Order dated January 25, 2007, which denied the Petitioners variance application seeking to divide their 1.6 acre nonconforming pre-existing parcel of land into one lot containing 40,002 sq. ft. and one lot containing 31,314 sq. ft.: a. Judicial review of Respondent's Findings of Fact, Resolution; b. Upon such review, voiding, modifying and annulling the Board's decision, and grant the Respondents variance; and c. Such other, further and different relief to the Petitioner that the Court may seem just and proper, together with costs and disbursements. ORDERED that Sufficient cause appearing therefor, let personal service of a copy of this Order and a copy of the Verified Petition, upon the Respondent, ZONING BOARD OF APPEALS OF THE TOWN OF 4 SOUTHOLD, on or before the 13 day of March, 2007, be deemed sufficient. Er GRANTED MAR 0 7 2007 ./ JUDITHA PASCALE Clerk of Suffolk County )3\ J.S.C. HON.PETER IL NMAYER S .1 { t 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK HENRY OMAN and CHRISTINA J. OMAN, Petitioners, VERIFIED PETITION -against- Index No. 07- ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. TO THE SUPREME COURT OF THE STATE OF NEW YORK: The Petition of Henry Oman and Christina J. Oman, by their attorneys, Goggins &Palumbo respectfully allege: 1. Your Petitioners, Henry Oman and Christina J. Oman, reside at premises located at 1380 Bridge Lane, Cutchogue, County of Suffolk, State of New York. 2. That at all times hereinafter mentioned the Respondent, Zoning Board of Appeals of the Town of Southold, is a the municipal body that has jurisdiction over applications for variances from the impact of the provisions of law contained in the Southold Town Code. 3. The Petitioners have owned and resided at this property for over 30 years. The Petitioners decided that they wished to divide their property into two separate parcels. The purpose of dividing the property is to keep one {, 1 t i t f 1- parcel parcel as their residence and the other to give to their daughter so that she could continue to live in the Town of Southold. 4. The prices of houses in the Town of Southold have become have made it prohibitive for a working person to purchase. 5. The availability of vacant land upon which to build a house has become non existent because of the up-zoning from 1 acre zoning to 2 acre zoning several years ago together with the demand for housing in the Town of Southold. 6. The question raised by the Petitioner and the basis for the application that was denied by the Respondent is that the Petitioner sought a variance from Section 280-14 of the Southold Town Code to divide a non conforming preexisting lot containing 1.6 acres into two (2) lots: One lot containing 40,002 sq. ft.; and the other lot containing 31,314 sq, ft. 7. The Southold Town Code requires 80,000 sq. ft and a minimum lot width of 175 feet. 8. The Respondent's denial of this variance was arbitrary and capricious and an error in law based upon binding precedence. PETITIONERS FACTUAL CIRCUMSTANCES 9. On or about December 29, 1971 the Petitioners purchased their _c 1 property located at 1380 Bridge Lane, Cutchogue, New York 11935. 10. Bridge Lane was an old farm road running north-south containing many acres of potato fields on both sides. On March 17, 1973 the property immediately adjacent to the east side of Bridge Lane was subdivide into twenty (20) into 3/4 to 1 acre residential lots, leaving the farm fields behind these residential lots undeveloped to this date. 11. In 1983, The Town of Southold increased the zoning in the area to a minimum lot size of 80,000 square feet. The purpose of this increase in zoning was so that any further development of the farm fields would be two (2) acre zoning meaning that there could only be one residential home per every two acres of property. 12. Since 1973, the Town has adopted the concept of cluster zoning. Unlike the subdivision such as the above mentioned one, which permitted the development of lots along an existing farm road, Cluster zoning decreases the size of vacant lots permitted in a zoning area and tightly groups them together. This leaves the balance of the property undeveloped. For example, if a fanner wanted to develop 40 acres of his land, then the Town would permit twenty (20) three-quarter acre (30,000 sq. ft.) residential lots clustered into one area of the farm property leaving twenty- five (25) acres of land undisturbed for purposes of open space. i I • R f 13. Today, there are further restrictions including affordable housing requirements on subdivisions because the Town recognizes the impact of the lack of availability of property in the Town of Southold and the increase in property values, both of which, preclude the children of long term residents from purchasing a home in the Town where they were raised. 14. The Zoning Board of Appeals has been sensitive to this issue and has provided variances to long term residents, having property that is substantially larger than the other properties in the neighboring area, to subdivide their property. 15. Mr. and Mrs. Oman own a lot on the east side of Bridge Lane that is 1.637 acres in size (71,316 sq. ft.), almost double the size of the existing lots along Bridge Lane. 16. The proposed variance seeks to form two (2) lots that are 40,002 sq. ft. and 31,314 sq. ft. respectively. Both of the proposed lots are larger than% of an acre, which is the size of lots that are created by cluster zoning 17. Mr. and Mrs. Oman have a daughter named, Carroll Oman, who was raised at her parents house on Bridge Lane, and who attended school in the area. She has a job as a registered nurse, and seeks to have a permanent residence in the area where she grew up. The problem is that the cost of housing is prohibitive in the area, and her income exceeds the Town's Q I L affordable housing criteria by $5,000.00. 18. Mr. and Mrs. Oman's solution to helping their daughter have a home in the area is to subdivide their property into two (2) separate and distinct parcels of land. 19. Mr. and Mrs. Oman spoke with their lawyer, Richard F. Lark, Esq.,, as well as the Planning Department of the Town of Southold, both of whom opined that a subdivision of the Oman's property was feasible based upon prior approved similar applications. 20. Mr. and Mrs. Oman filed an application with the Planning Board seeking the division of their property into two (2) separate and distinct lots: one to remain under their ownership, and the other to be transferred to their daughter Carroll Oman for the purpose of constructing a home for her. 21. Since the property was a non-conforming pre-existing use as to the size of the parcel in relation to the increased zoning of the area to 80,000 sq. ft, per parcel, Mr. and Mrs. Oman needed to file an application before the Zoning Board of Appeals for relief. The first step was to file an application with the Building Department seeking a Notice of Disapproval. The Notice of Disapproval would set forth the specific reasons why the applicant would have to proceed to the Zoning Board of Appeals for relief from the provisions of the current Town Code. 7- L T S 22. Mr. and Mrs. Oman filed the application to the Building Department and received a Notice of Disapproval dated July 25, 2006. A copy of the Notice of Disapproval is attached hereto and made a part hereof as Exhibit A. 23. Mr. and Mrs. Oman sought area variances from the Zoning Board of Appeals seeking to subdivide their 1.637 acre (71,316 sq. ft.) parcel into two separate lots: one (1) lot containing 40,002 sq. ft. having a width of 140 ft. and the other lot containing 31,314 square feet having a width of 90 ft. 24. The two (2) variances were needed are for the lot frontage and the overall size of each of the lots. 25. The Zoning Board of Appeals denied the Variance application by three (3) members voting to deny the application, and two (2) members voted to approve the application. ( It is important to note that two (2) of the members that voted to approve the application are the senior members of the Zoning Board of Appeals with one member having served for over twenty (25) years on the Board while the other having served over fifteen (15) years on the Board. The other members are recent additions to the Board. A copy of the decision is attached hereto and made a part hereof as Exhibit B. s t 4 % 26. The Petitioners hired a lawyer to make the application to the Zoning Board of Appeals, who advised them that the application was considered a straight forward variance application, which the Zoning Board of Appeals has routinely granted. 27. In fact, the Zoning Board has routinely granted similar applications even with strong community opposition. The Zoning Board of Appeals approved the following similar variance applications to subdivide property that did not meet the area bulk schedule and the road frontage area. DIANE ALEC SMITH: APPEAL NO. 5585 28. On July 29, 2004 the Building Department issued a Notice of Disapproval to Diane Alec Smith, who sought the subdivision of property located at 22445 Main Road, Cutchogue, New York. The Zoning was R-80 (two acre), and she sought to divide one parcel of land into two parcels. A copy of the Notice of Disapproval is attached hereto and made a part hereof as Exhibit C. The specifics are as follows: Lot 1 a conforming lot; Lot 2 non conforming containing 61,846 sq, ft. Reason: beautiful straight line will increase back yard for future use. c I ! . . I S' t 29. On October 7, 2004 the Zoning Board of Appeals granted the variance for Diane Alec Smith. A copy of the decision is attached hereto and made a part hereof as Exhibit D. CONSTANCE BEEBE: APPEAL NO. 5637 30. On September 8;2004 the Building Department issued a Notice of Disapproval to Constance Beebe, who sought the subdivision of property located at 24925 Main Road, Cutchogue, New York. The Zoning was R-80 (two acre, 80,000 sq. ft. per lot), and she sought to divide one parcel of land into two parcels. A copy of the Notice of Disapproval is attached hereto and made a part hereof as Exhibit E. The specifics are as follows: Lot 1 non conforming containing 40,361 sq. ft. ; Lot 2 non conforming containing 25,530 sq, ft. Reason: to recreate the property into two parcels. 31. On February 3, 2005 the Zoning Board of Appeals granted the variance for Constance Beebe. A copy of the decision is attached hereto and made a part hereof as Exhibit F. JOHN AND JERILYN WOODHOUSE APPEAL NO. 5218 32. On August 15, 2002 the Building Department issued a Notice of A 4 • i Y Disapproval to John and Jerilyn Woodhouse, who sought the subdivision of property located at 225 Navy Street, Orient, New York. The Zoning was R- 40 (one acre; 40,000 sq. ft.), and they sought to divide one parcel of land into two parcels. A copy of the Notice of Disapproval is attached hereto and made a part hereof as Exhibit G. The specifics are as follows: Lot 1 a non conforming lot containing 21,875 sq. ft.; Lot 2 a non conforming lot containing 20,279 sq, ft. Reason: similar to existing lots in neighborhood. 33. On April 17, 2003 the Zoning Board of Appeals granted the variance for John and Jerilyn Woodhouse with a minor change to the lot sizes. (Lot 1 22,250 sq. ft.; Lot 2 19,904 sq. ft.) A copy of the decision is attached hereto and made a part hereof as Exhibit H. DAYSMAN AND NANNIE MORRIS APPEAL NO. 5737 34. On June 1, 2005 the Building Department issued a Notice of Disapproval to Daysman and Nannie Morris, who sought the subdivision of property located at 245 Brown Street, Greenport, New York. The Zoning was R-40 (one acre; 40,000 sq. ft.), and they sought to divide one parcel of land into two parcels. A copy of the Notice of Disapproval is attached hereto and made a part hereof as Exhibit I. The specifics are as follows: i • t i i Lot 18 a non conforming lot containing 5.629 sq. ft. ; Lot 64 a non conforming lot containing 9,744 sq, ft. Reason: applicant did not have a lawyer in 1979 when it secured other variances concerning this and surrounding properties, and wanted two separate lots that are similar neighboring lots. 35. On July 21, 2005 the Zoning Board of Appeals granted the variance for Daysman and Nannie Morris. A copy of the decision is attached hereto and made a part hereof as Exhibit J. WILLIAM AND JANICE CLAUDIO APPEAL 5655 36. On December 8, 2004 the Building Department issued a Notice of Disapproval to William & Janice Claudio, as contract vendees, who sought the subdivision of water front property located at 1960 Gull Pond Road, Greenport, New York. The Zoning was R-80 (two acre; 80,000 sq. ft.), and they sought to subdivide one parcel of land into two parcels. A copy of the Notice of Disapproval is attached hereto and made a part hereof as Exhibit K. The specifics are as follows: Lot 1 a non conforming lot containing 40,913 sq. ft.; Lot 2 a non conforming lot containing 41,000 sq, ft. • , Reason: It's going to be a family compound, it had been the applicant's goal to get back to the water, lots similar to other lots neighboring lots. 37. On April 14, 2005 the Zoning Board of Appeals granted the variance for William and Janice Claudio, as contract vendees, to subdivide a water front parcel into two (2) water front parcels. A copy of the decision is attached hereto and made a part hereof as Exhibit L. 38. All five (5) of the above variances granted by the Zoning Board of Appeals have consistent applications in that they all seek the subdivision of one parcel of property into two (2) parcels that are inconsistent with the zoning, but relatively consistent with the neighborhood., 39. Of all five (5) of the above variances granted by the Zoning Board of Appeals, the applicants seek to divide their own property for personal reasons and not for profit, except the Claudio application. In fact, the purpose of the Claudio application was made specifically for profit without any hardship. The Claudios were contract vendees, which means that they were in contract to purchase the property that is the subject of the variance. If the variance application to subdivide the property was not approved, they would not be obligated to purchase the property. Consequently, there was no hardship. Merely, an opportunity to profit by A • X I' T the subdivision of waterfront property. 40. The approval of these five (5) applications, especially the Claudio application, evidences the consistency of the approvals of variances for two (2) lot subdivisions where the new non conforming lots substantially conform to the current existing lots in the neighborhood. 41. Moreover, the approval of the Claudio Appeal by the Zoning Board of Appeals is the most obvious application reflecting the Zoning Board's consistent approval of variances to subdivide and create substandard lots that are similar to those in the neighboring properties and that are consistent to lots that are created in new subdivisions since 1983 having clustered 30,000 sq. ft. lots. 42. Therein lies the arbitrary and capricious nature of the denial of Mr. and Mrs. Oman's application. 43. Zoning Board Member Gerald P. Goeringer, having served on the Board for over 25 years, and Zoning Board Member James Dinizio, having served on the Board for over 15 years, both voted in favor of Mr. and Mrs. Oman's application because they knew that a denial would be arbitrary, capricious and in complete disregard for the function of the Zoning Board in giving relief to applicants that are similarly adversely affected by operation of certain code restrictions that adversely affect pre-existing Y 4 1 ' ! Y properties. 44. These members are aware of they have consistently permitted the creation of lots that are consistent with cluster zoning. 45. The Zoning Board of Appeals has properly and consistently held that non conforming preexisting properties can be subdivided if they substantially conform to the size of the other properties in the neighborhood. 46. The Zoning Board of Appeals has also provided more relief to an applicant depending upon the reason for the division of property. 47. Mr. and Mrs. Oman are not subdividing for profit. They seek to subdivide to provide their daughter the opportunity to reside in the Town where she grew up and would like to spend the rest of her life with dignity. 48. The three (3) member majority of the Board in denying the Omans varance is based upon the following language in the decision (Exhibt B): "The benefit sought by the applicant, providing a residence to their daughter, can be achieved without the need for an area variance, by constructing an addition to the existing house". 49. This decision ignores the DIANE ALEC SMITH application where she sought a division because "a beautiful straight line will increase my back yard for future use", the Zoning Board determined, "Grant of this A I -t t relief is the minimum action necessary and adequate to enable the applicant to enjoy the benfit of the change in division . . ." (Exhibit D). 50. The decision ignores the CONSTANCE BEEBE application where she sought a subdivision of her own property and recreate two (2) lots with one lot retained by her and one lot to her son and daughter-in-law. The Zoning Board of Appeals granted the application stating that it was the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the property. 51. The decision ignores the JOHN and JERILYN WOODHOUSE application where they sought to subdividetheir property because it already contained two (2) dwellings. Again, the Zoning Board of Appeals granted - the application stating that it was the minimum action to take. 52. The decision ignores the WILLIAM AND JANICE CLAUDIO application seeking to subdivide water front property because they want to create a family compound, and the Zoning Board of Appeals granted the application as the minimum action to take. 53. The common thread throughout these applications and the Oman application is that it involves creating nonconforming lots that substantially comply to the lots in the neighborhood and it involves the applicant citing a purpose to help a family member. r a i X 54. It is inconceivable why the Zoning Board denied the Oman application. It makes no sense. The Zoning Board does not set forth any basis or reason for departing from well established precedent in denying the Oman application. Moreover, this departure from binding precedent together with two (2) members of the five (5) member board seeking to grant the variance is further evidence that the three (3) majority members were acting arbitrarily. Especially, since the two (2)members seeking to grant the variance are the senior members of the Board. 55. Also, there was no community opposition to the Oman Variance Application, except the owner of a nearby winery claiming it would ruin his view, , The claim was spurious since the creation of the new lot is nestled between.the old lot and an adjacent residential house. 56. In reviewing the variance applications, the Board of Appeals is required to balance the competing equities in assessing the appropriateness of relief. Cohen v. Board ofAppeals, 297 AD2d 38 (2nd Dept. 2002); Matter of Sasso v. Osgood, 86 NY2d 374 (1995). In addition, the Board must show that a valid public purpose outweighs the relief sought by the applicant. Matter of De Sena v. Board of Appeals, 45 NY2d 105, 108 (1978) 57. The Zoning Board failed to apply the above balancing tests in denying the variance. Yet, the Board of Appeals applied the above criteria 2 , in granting the prior applications for the similar relief. 58. It was certainly an error in law on the part of the Zoning Board of Appeals when it denied the Oman's application. 59. No previous application for the relief prayed for herein has been made. WHEREFORE the Petitioner prays for a Judgment finding the Southold Town Board of Appeals decision arbitrary and capricious and granting the variance as applied for together with such other relief as the Court seems just and proper. Dated: March 3, 2007 4 I LIAM C. OC' .'1 S, P.C. Attorneys for Petitioners P.O. Box 65, 13105 Main Road Mattituck, New York 11952 Telephone: (631) 298-4200 STATE OF NEW YORK ) )ss: ATTORNEY'S VERIFICATION COUNTY OF SUFFOLK) The undersigned, an attorney duly admitted to practice in the courts of the State of New York, shows: That deponent is the attorney of record for the Petitioners in the within action; That deponent has read the foregoing Petition and knows the contents thereof; That the same is true to deponent's own knowledge, except as to matters therein stated to be alleged upon information and belief and that as to those matters deponent believes it to be true; • Deponent further states that the reason this verification is made by deponent and not by the Petitioners is because Petitioners are currently not within the County of Suffolk wherein deponent maintains his office. WILLIAM . GO INS Swgrn to before me this mliday of March, 2007 Notary Public DONNA M.PALMER N@toPubiic,State of New York '�.®�A 9T8 Suffolk County :,�mmis$ia;7vins December9, 0'009 • FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 25, 2006 TO: Lark&Folts a/c Oman PO Box 793 Southold,NY 11971 Please take notice that your application dated July 18, 2006 For a permit for a subdivision at Location of property: 1380 Bridge Lane, Cutchogue,NY County Tax Map No.-1000 - Section 85 Block 2 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R-80 District is not permitted pursuant to Article III, Section 100-32,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C,R-80, R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule requires a minimum lot size of 80,000 square feet, and a minimum lot width of 175 feet and a minimum single side yard setback of 20 feet. Following the proposed subdivision,proposed lot 1 will become non-conforming,with a total lot size of 40, 002 square feet, a lot width of 95.2 feet at its smallest point and the existing single family dwelling will now have a single side yard setback of 16 feet.Proposed lot 2 wi me non-conforming,with a total lot size of 31314 square feet and a lot '.th of 90 . f1 Autho ' -d Signa re Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. r'J 1 •• • • . 1 / �/ /// O APPEALS BOARD MEMBERS ••• Mailing$�(/�, Mailing Address: • Reith D. Oliva •� 4' Southold Town Hall Q L 53095 Main Road • P.O. Box 1179 Gerard P.Goehringer 4 Southold,NY 11971-0959 James Dinizio, Jr. Chairuan 1 Q Office Location: Michael A. Simon �, e&4.( of • Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =l'YCO i.c. " 54375 Main Road(at Youngs Avenue) ' Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 •Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 25, 2007 ZB File No. 5970 - HENRY OMAN and CHRISTINA J. OMAN Property Location: 1380 Bridge Lane, Cutchogue CTM 1000-85-2-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 1.637 acre parcel has 230 feet along the east side of Bridge Lane and is improved with a single-family dwelling as shown on survey prepared by John T. Metzger, Land Surveyor dated July 14, 2006. The applicants' property is situated 1306 feet north of the Main Road (N.Y.S. Route 25) and is located in the A-C Agricultural Conservation Zone District. BASIS OF APPLICATION: Zoning Code Section 280-14 (100-32), based on the Building Inspector's July 25, 2006 Notice of Disapproval concerning proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than the minimum 175 feet of width (frontage) along Bridge Lane, and with a proposed side yard setback at less than the code-required 20 feet from the division line. The applicants' parcel as exists is nonconforming with a land area of 1.637 acres and conforms to the side yard setbacks. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred to the Suffolk County Department of Planning for review and determination under the Suffolk County Administrative Code Sections A 14-14 to 23. In a reply dated December 13, 2006, the Suffolk County Department of Planning confirmed that while General Municipal Law and the Suffolk County Administrative Code mandate referrals within 500 feet from the boundary of a farm operation located in an agricultural district (property to the east), these laws do not apply to applications for area variances, the subject of this application. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: s Page 2—January 25,2007 ' - ZB File No. 5970—Henry Oman • • : STINA No.85-2-5 AREA VARIANCE RELIEF REQUESTED: The applicants wish to divide their 1.6-acre nonconforming parcel into two smaller lots, as follows: Proposed Lot 1 with 40,002 square feet, and lot width of 140 feet; proposed Lot 2 with 31,314 square feet and width of 90 feet. Each of the two proposed lots will not meet the code-required minimum of 80,000 square feet and minimum lot width of 175 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Allowing the variances will increase the density of immediate neighborhood by creating two nonconforming lot where one currently exists. There are three lots to the south consisting of 1.6 acre with a single-family house; a 1.4 acre lot with a house; and a 5.5- acre lot. There is preserved agricultural acreage with a winery building to the east of the applicants' property. The lot to the west is agriculturally preserved land. There are 14 lots to the north containing approximately one acre each in size, and one lot further north near the railroad containing 9.5 acres. 2. The effect of granting the requested variances will be (and is) substantial. One of the proposed lots will require nearly a 50% reduction of code-required lot size. The second proposed lot will require an additional 61% reduction of the required lot size. Both lots will be narrower than the 100- foot required width: 95 and 90 feet, respectively. One lot will have a 16-foot side setback, where 20 feet are required. 3. The difficulty is entirely self-created. It is a result of an attempt to subdivide an existing non- conforming lot into two non-conforming lots. 4. The benefit sought by the applicants, providing a residence for their daughter, can be achieved without the need for an area variance, by constructing an addition to the existing house. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to DENY the variance as applied for. Vote of the Board: Ayes: Members Oliva, Simon and isman. Nays: Members Goehringer and Dinizio. This Resolution was duly adopte -2). Ja es Dinizio, Jr., Chairm 1/3 /0 proved for Filing a ,FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT " I SOUTHOLD,N.Y. AUG U 2 2004 i NOTICE OF DISAPPROVAL sZONINGBOARD OP APPEALS DATE: July 29, 2 TO: Diane Alec Smith SMITH, DIANE ALEC 109-1-7 R80 5585 JD 22445 Main Road LOT LINE CHANGE Cutchogue,NY 11935 22445 MAIN RD CUTCHOGUE Please take notice that your application dated July 28,2004 For a permit for a lot line change at Location of property 22445 Main Road,Cutchogue,NY County Tax Map No. 1000- Section 109 Block 1 Lot 07 Is returned herewith and disapproved on the following grounds: The proposed lot line change,creating a new non-conforming lot, is not permitted pursuant to Article III, Section 100-32,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-80 District, according to the bulk schedule,is 80,000 square feet and a minimum required lot width is 175 feet.Following the proposed lot line change,lot 2 will measure 151 feet in width and 68,508 square feet in total size. Although the survey shows only one tax map number for the property,a subdivision has been a. 'roved for the I arcel and is shown as lot 1 and lot 2. AMP Aut • ze• a ., ure Note to Applicant: Any change or devia i r ' he above referenced application may require further review by the Southold Town Building Dep ent. CC: file,Z.B.A. APPEALS BOARD MEMBERS. �p`0 �'O Southold Town Hall Ruth D. Oliva,Chairwoman Gyp: , 53095 Main Road Gerard P. Goehringer c P.O. Box 1179 Lydia A.Tortora Q t►� Southold,NY 11971-0959 Vincent Orlando 'j' p. ,,' Tel.(631)765-1809 James Dinizio,Jr. \. t Ixt �►�,��� RE 765-9064 tit 1M http://southoldtown.northfork.net 1'IttCT 3 BOARD OF APPEALS 1 5 2004 L TOWN OF SOUTHOLDQ� FINDINGS, DELIBERATIONS AND DETERMINAl®a th ld Town Clerk MEETING OF OCTOBER 7, 2004 ZBA File No. 5585-DIANE ALEC SMITH Property Location: 22445 Main Road, Cutchogue; CTM 109-1-7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 3.915-acre parcel has 271.7 ft. of frontage along the north side of the Main Road (S.R. 25), lot width along the rear line of 453.67 feet, and lot depth of 401.73 feet in Cutchogue. The property is improved with a house and a number of other buildings. A pond, principally located on the property, covers the westerly portion of the land for a distance of 40 to 60 feet from the westerly lot line. The property is located in the R80 Residential Zone District. BASIS OF APPLICATION: Building Department's July 29, 2004 Notice of Disapproval citing Code Section 100-32 in its denial of a building permit application concerning a proposed lot line change with an area proposed (Lot 2)at less than 80,000 sq. ft. and less than 175 feet in lot width. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board findsThe following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant proposes a modified variance for proposed Lot 2 at 61,846 square feet instead of 85,265 sq. ft., resulting in a total area of 96,630 sq. ft., plus 12,138+- sq. ft. of pond area (108,684 sq. ft.) for proposed Lot 1, as shown on August 2, 2004 amended survey by Peconic Surveyors, P.C. Also requested is a revised lot width/frontage along the Main Road of 151.01 feet for proposed Lot 2, leaving 120.69 feet of frontage/lot width for proposed Lot 1. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The result of the revised variance from the proposed change in lot sizes (relocation of division line)will not add or reduce the allowable uses or building sizes on either lot. r:. ..... . .. . •Wage 2—October 7,2004 ' • m ZBA File No.5585 CTM Parcel 109-1-7(2004 records) • 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the . applicant to pursue, other than an area variance. According to the May 27, 2004 survey prepared by Peconic Surveyors, the entire parcel contains 3.915 acres, and the land cannot be subdivided without a variance because 12,138+-square feet are underwater. 3. The variance granted herein is substantial, representing 27% decrease in total lot area and an approximately 30% reduction from the code-required lot area of 80,000 square feet. 4. The difficulty was self-created. 5. No evidence has been submitted to suggest that a variance in this community of single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the change in division, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Tortora, and duly carried, to GRANT the variance as applied for, as shown on August 2, 2004 amended survey by Peconic Surveyors, P.C., SUBJECT TO THE FOLLOWING CONDITION: The total lot coverage for Lot 1 (108,684 sq.ft.) is restricted to the total amount that is allowable for the original lot size of 85,265 square feet. To clarify, the total allowable lot coverage for a 85,265 sq. ft. lot is 17,053 sq. ft.; therefore, the total lot coverage for the new Lot 1 will be 17,053 sq.ft. as a condition of this variance approval. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate 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 hairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5-0 . 4) r(1 g2A)--.R. Ruth D. Oliva, Chairwoman 1014/04 Approved for Filing V 1 y Exhibit E , pe , -{ \litcs.oft‘ 01 �1 FORM NO. 3 q 31 • oc ( � TOWN OF SOUTHOLD . P BUILDING DEPARTMENT SOUTHOLD,N.Y. SEP 1 5 2004 NOTICE OF DISAPPROVAL DATE: September 8, 2004 TO: Constance Beebe PO Box 979 Cutchogue,NY 11935 Please take notice that your application dated September 1, 2004 For a permit for a lot line change at Location of property 24925 Main Road,Cutchogue,NY County Tax Map No. 1000 - Section 109 Block 1 Lot 18, 19 &20.1 Is returned herevyth and disapproved on the following grounds: The proposed lot line change, creating two non-conforming lots from three existing nonconforming lots, is not permitted pursuant to Article HI,Section 100-32,which states; "No building or premises shall be used and no buildingor part thereof shall be erected or altered in the AC,R-80.R-120, R.-200 and R-400 Districts unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-80 District,according to the bulk schedule,is 80,000 square feet and a minimum required lot width is 175 feet.Following the proposed lot line change,lot 1 will measure 117 feet in width and 40,361 square feet in total size and lot 2 will measure 144 feet in width and 35.530 square feet in total size. Although the new parcels will be nonconformingJthey are more conforming than the existing parcels, which measure 33.908 square feet(20.1), 19.492 square feet(19)and 22,491 square feet in total size, respectively. Aut $ ' ed Agnature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. APPEALS BOARD MEMBERS ,�����p�0 cOGy�' Southold Town Hall Ruth D. Oliva, Chairwoman d; 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Pry:10 �4 Southold,NY 11971-0959 Vincent Orlando #41 pl.0i� Tel. (631) 765-1809 James Dinizio, Jr. _ 04 * - i,,0' Fax (631)765-9064 Michael A. Sinn -,.•,.••'' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED 114-1-4, 9,70 /9/it B g esP4-wilv FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 3, 2005 Southold Town Clerk ZB Ref. 5637—CONSTANCE BEEBE Property Location: 24925 Main Road, Cutchogue; CTM 109-1-18, 19 and 20.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is identified on the County Tax Map as Parcels 109-1-20.1, 18 and 19. The property is improved with two dwellings and accessory buildings/structures, as shown on the October 28, 2003 survey prepared by Joseph A. Ingegno, L.S., revised May 28, 2004. CTM 20.1 consists of 33,908 sq. ft., CTM 18 consists of 22,491 sq. ft., and CTM 19 consists of 19,492 sq. ft. BASIS OF APPLICATION; Building Department's September 8, 2004 Notice of Disapproval, citing Section 100-32 in its denial of an application to the Building Department and Planning Board in her request to change lot lines, re-creating the property into two parcels: Parcel 1 of 40,361 sq. ft. and Parcel 2 of 35,530 sq. ft. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 20, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting variances for the sizes of 40,361 sq. ft. and 117 feet in width (proposed Parcel 1), and of 35,530 sq. ft. with 144 feet in width (proposed Parcel 2). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes to change only the 1L • , Page 2—February 3,2005 ZB Ref.5637—Constance Beebe CTM ID: 109-1-18, 19, 20.1 property lines within the existing exterior dimensions of the land, without increasing the density of three lots that were existing at the time of creation, resulting in a total of two parcels. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than variances. No increase in density will be created, and the lot line change will produce rectangular dimensions. 3. The variance granted herein is not substantial. 4. The alleged difficulty has not been self-created. AU three of the parcels were legally created before the existence of Southold Town Zoning, and the difficulty, nonconforming lot size, was created by various changes in the town codes, over which an individual property owner has very little control. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line change, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on'the October 28, 2003 map prepared by Joseph A. Ingegno, L.S., revised May 28, 2004. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate 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), Orlando, Dinizio, and Simon. Absent was Member Goehringer. This Resolution w s duly adopted (44). L3 t Ruth D. Oliva, Chairwoman 2/ 4" /05 Approved for Filing • k0 • I P r e 1 Exhibit G I ' ► FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 15, 2002 AMENDED: December 16,2002 TO: Jennifer Gould A/C Woodhouse PO Box 177 Greenport,NY 11944 Please take notice that your application, dated August 14,2002 For permit for a lot setoff(subdivision) at Location of property 2395 Village Lane and 255 Navy Street County Tax Map No. 1000 - Section 26 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed lot setoff is not permitted, pursuant to Article MA Section 100-30A.3., which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet and the minimum required lot width is 150 feet. The proposed lot setoff will create a 21,875 square foot lot (Lot 1)with a lot width of 124.43 feet and a 20,279 square foot lot(Lot 2), with a lot width of 111.5 feet. In addition;the proposed setoff will relocate an accessory structure(Lot 1 —garage)into the rear yard, with a rear yard setback of 3.2 feet,which is not permitted pursuant to Article In, Section 100-33B, which states, "On lots containing more than twenty thousand(20,000) square feet up to thirty-nine thousand nine-hundred and ninety-nine f39,999) square feet, such buildings shall be set back no less than five feet from any lot line." This Notice of Disapproval was amended on December 16, 2002,to reflect the exact nature of this application. Authorized Signature CC: file, Z.B.A. L,ya 4 . APPEALS BOARD MEMBERS ,d'r®SUFFO(it s • re, Southold Town Hall Lydia A. Tortora, Chairwoman �' 53095 Main Road Gerard P Goehringer a P.O. Box 1179 George Homing ��• ��'��� Southold,New York 11971-0959 Ruth D. Oliva `_ ®1 ® � ZBA Fax(631)765-9064 Vincent Orlando ,,.�'� Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED 2- TOWN OF SOUTHOLD 3;v SPrP7 FINDINGS, DELIBERATIONS AND DETERMINATION 41 AY 244 4./44, MEETING OF APRIL 17, 2003 ? ,r..N+'_.is/ ',•:; a Appl. No. 5218 —JOHN AND JERILYN WOODHOUSE Southold Town Clerk Property Location: 225 Navy Street, Orient; CTM 1000-26-1-12 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of"the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' property is a 42,154 sq. ft. parcel with 229.80 feet along the north side of Navy Street and 133.09 feet along the east side of Bay Avenue (a/k/a Main Street or Village Lane). The property is improved with four buildings: (a) single-family, 1-1/2 story frame house and accessory frame garage on the westerly portion, and (b) single-family, two-story frame house and accessory frame building on the easterly portion, detailed on the map prepared 9-22-98, revised 11-04-02 by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's August 15, 2002 Notice of Disapproval, amended December 16, 2002 and December 24, 2002, citing Section 100- 30A.3 in its denial of applicants' August 14, 2002 application. The reasons stated in the denial is that the sizes of the two lots, as proposed, are not permitted because the Zoning Code Bulk Schedule requires 40,000 sq. ft. of total area and a lot width of 150 feet. Also noted in the denial is that the merger law would not apply to`the property in question, and the Building Department removed references to nonconforming setbacks noted in the previous disapprovals. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003 and April 3, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants are requesting variances under Section 100-30A.3, Bulk Schedule, for the following: (a) lot area of proposed Lot 1 of 22,250 sq. ft. and lot width of 144.09 along Navy Street; (b) lot area of proposed Lot 2 of 19,904 sq. ft. and lot width of 85.71 feet along Navy Street. ADDITIONAL INFORMATION: On April 3, 2003, the applicants confirmed an amendment to this application requesting area variances for a minor subdivision application to the Planning Board, rather than a lot-line change. r ! • ,, Page 2—April 17,2003 ' Appl. No. 5218—J. and J.Woodhouse 26-1-12 at Orient REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants request area variances for a minor subdivision resulting in two lots, each with a dwelling. The dwellings were built before 1957, the effect date of zoning, and are located in a historic district. At the hearings, no objections or concerns were raised by any of the adjacent or contiguous neighbors regarding the proposed area variances. The neighborhood is very developed consisting of many preexisting, non-conforming parcels approximately equal in size to the applicants' proposed lots and will not result in a significant increase in the density of the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances for a minor subdivision. The lot sizes as proposed are almost equal in size and are not able to be created without the requested area variance relief. 3. The relief as requested is substantial. Although the lot sizes are less than conforming, they are larger than lots existing in the neighborhood. 4. No evidence has been submitted to suggest that the proposed lot size variances will have an adverse impact on physical or environmental conditions in the neighborhood. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district because there will be no increase in density. Each will contain a dwelling and accessory garage (which are existing). 5. The alleged difficulty for the applicants is self-created, since the applicants seek to create Lots 1 and 2 with nonconforming lot sizes. 6. The relief offered to this applicant is the minimum necessary for the applicants to enjoy the benefit of conveying land for each house, by separate deeds, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman • - •, Page 3—April 17,2003 ` a . Appl. No. 5218—J. and J.Woodhouse 26-1-12 at Orient Tortora, seconded by Member Goehringer, and duly carried, to GRANT the Variances in this proposed minor subdivision, and shown on the map prepared by John C. Ehlers, L.S. dated 9-22-98, amended 11-4-02. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Orlando. (Absent was Member Oliva.) This.Resolution w. ed (4-0). Ly.i. A. Tortora, Chairwoman—Approved for Filing 5/ az/03 (yr I I , ,i; ,• t A 4 • . I. I. 1 • . Exhibit I . , . . . , . . . • C •r FORM NO. 3 TOWN OF SOUTHOLD RECEIVE BUILDING DEPARTMENT JUN 2 2005 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: June 1,2005 TO: Deborah Doty Esq. For D &N Morris PO Box 1181 Cutchogue,NY 11935 Please take notice that your application dated June 1, 2005 For a permit for a subdivision at Location of property 245 Brown Street, Greenport, NY County Tax Map No. 1000- Section 48 Block 3 Lot 24 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R-40 District is not permitted pursuant to Article III, Section 100-33,which states "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to Bulk Schedule, minimum lot size is 40,000 square feet in total size, 150 feet in width and 175 feet in depth. The subject lot will be non-conforming in total size, lot width&lot depth; measuring 5,629 in total size, 50' feet in width& 112'feet in depth. Following the proposed subdivision,the adjoining lot#48-3-7.1 will be less conforming. Note, in 1989, the Planning Board approved the creation of the adjoining lot#48-3-7.1 as an undersized lot. In addition, the proposed dwelling is not permitted pursuant to Article XXIV, Section 100-244 which requires a combined side yard setback of 25'feet. The survey indicates a combined side yard setback of 24, feet. ' et.,i-c..; (.44.L,;- f Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. ,r ti • APPEALS BOARD MEMBERS �Q SQI/ly0 - Southold Town Hall Ruth D. Oliva.Chairwoman , ,` 4 > 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer 4111 4 Southold.NY 1 197 1-0959 Vincent Orlando ; �, yC Office Location: James Dinizio.Jr. 0� Town Annex/First Floor,North Fork Bank Michael A. Simon : �,0U ��`1�t,� 54375 Main Road tat Youngs Avenue) Southold. NY 11971 http://coutholdtown.northfork.net RECEIVED i' e'" BOARD OF APPEALS ' fn TOWN OF SOUTHOLD ",LC 1 2005 Tel. (631)765-1809•Fax(631)765-9064 wFINDINGS DELIBERATIONS AND DETERMINATIONSoutho MEETING OF JULY 21, 2005 ZB Ref. 5737—Daysman and Nannie Morris Property Location: 245 Brown Street, Greenport; CTM 48-3-24(referred to as '18') SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: This application involves property that borders Brown Street and Linnet Street, referred to as Lots 18 and 64 on the 1909 Map of Greenport Driving Park. The southerly 5,629 sq. ft. area (`18) has 50 feet along Brown Street and depth of 112.58 feet, shown as 24 on the Suffolk County Tax Maps, Section 48, Block 3, and shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. The northerly 9,744+- sq. ft. area ('64') is shown on the current County Tax Maps as 48-3-7.1, with 87 feet along Linnet Street and depth of 112+-feet. BASIS OF APPLICATION: Zoning Code Sections 100-32 and 100-244, based on the applicant's request to divide lots shown as '18'and '64'on the Map of Greenport Driving Park, and the Building Inspector's June 1, 2005 Notice of Disapproval. The disapproval states that the subdivision of a lot located in the R40 District is not permitted under Section 100-32 ... unless the same conforms to the Bulk Schedule and Parking Schedule, for this property,which states that this property is merged with the adjacent property to the north (referred to as CTM,1000-48-3-7.1). When the ownership search of this and adjacent properties prepared November 30, 2004 by Stewart Title Insurance Company, submitted to the Town when applicants filed an application for a building permit dated January 19, 2005, it was discovered that the premises (Greenport Driving Park '18'and '64') was acquired by Mr. and Mrs. Daysman Morris by deed dated August 7, 1953 for the subject premises and more. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: a,. . ` r Page 2—July 21,2005 ZB File Ref.5737—D.and N. Morris CTM 48-3-24 AREA VARIANCES REQUESTED: The applicants have submitted an application for area variances, for relief under Sections 100-32 and 100-244, concerning a 50' x 112.59' parcel of land referred to as CTM 48-3-24, (referred to herein as '18'). Also requested are a setback variance under Section 100-244 for a proposed combined side yard area totaling 23'8", instead of the code required total side yard area of 25 feet. (A minimum 10 ft. side yard at the westerly side of the proposed dwelling will conform.) PRIOR TOWN APPLICATIONS BETWEEN 1989 AND 2005: During 1989, the applicants submitted applications to the Town under the subdivision and zoning code regulations with a new map dated March 13, 1989, changing frontages along Linnet Street for two properties with 87 feet along Linnet Street for the westerly parcel and with 113 feet along Linnet Street for the easterly parcel. The lower 50 ft. by 112.5 ft. parcel ('18') was not included on the new map approved under the subdivision regulations. No other application was filed after the 1989 approval of the lot line change map to create the 50 ft. by 112 ft. undersized lot for the property(18'). During September 1980 the Town Board and the Planning Board amended Subdivision Code Section 106-53, which amendment indicated approval of"lots approved by ZBA between 1971 and 9/6/79, as 'actions having the same force and effect as if the owner had applied to the Planning Board for subdivision approval."' This action was applicable to ZBA area variances under Appeal No. 2531, without creation or notation for a third, separate lot(18). The 1953 deed conveying this property and more to the applicants remained without change, until September 1990 when the northerly parcel '64' was deeded by the applicants to their daughter and son-in-law. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection,the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are requesting a setback variance for side yards at a minimum of 23.5 feet and for area variances involved with the proposed set-off of a 50' x 112,59' land area, resulting in a separation from the applicant's adjacent 9,744+- property to the north (County Tax Map Lot 7.1). The requested parcel, County Tax Map Lot 24 and adjacent lot 7.1 have a long history in both the subdivision and zoning records of the Town of Southold. The property,when set off,will also create an affordable housing parcel that will not create a detriment to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The northern property (`64') which borders Linnet Street and improved with a dwelling, has not been owned by Daysman and Nannie Morris since 1990, and there is no other alternative but to request variances. 3. The difficulty has been self-created based on the nonconforming size of the parcel and record of ownership and town applications in the past. • . i f " a Page 3—July 21,2005 ZB Flle Ref,5737••D.and N. Morris CTM 48-3-24 4. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The setback variance is a reduction of less than two feet from the code requirement for combined side yards. With regard to the lot size variances, the land has direct frontage along Brown Street, and is one of the last unimproved lots in close vicinity to this property. 5. Grant of the requested relief is the maximum the Board will approve, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate 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, and Dinizio. (Member Simon was absent.) This Resolution was duly adopted (4-0). •_,7'' zsii76U IS (S411/61..aL Ruth D. Oliva, Chairwoman 7/dr/05 Approved for Filing 1 •Fs .F/• kms, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT t--j SOUTHOLD, N.Y. NOTICE OF'DISAPPROVAI. DATE: December 8, 2.004 TO: William & Janice Claudio AIC Braider 1105 Westwood Lane Greenport, NY 11944 Please take notice that your application dated December 8, 2004 For a permit for a subdivision at Location of property: 1960 Gull Pond Road, Greenport, NY County Tax Map No. 1000 - Section 35 Block 3 Lot 12.9 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R-80 District is not permitted pursuant to Article IIIc Section 100-32, which states:, "No building or premises shall be used and no building or part thereof shall he erected or altered in the A-C, R-80, R-120;R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk Schedule requires a minimum lot size of 80,000 square feet, and a minimum lot depth of 250 feet. Following the proposed subdivision,proposed lot 1 will become non-conforming,with a total lot size of 40, 913 square feet and a lot depth of 50 feet at its smallest point. Proposed lot 2 will also become non-conforming, with a total lot size of 4 1,000 square feet and a lot depth of 186 feet at its smallest , o z-i gnature Note to App icant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. `t' 4 ., r r e • /i, • APPEALS BOARD 1\q,MBERS �'��1�� SOU170 Southold Town Hall Ruth D. Oliva,Chairwoman �f Aze 4 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer * * Southold,NY 11971-0959 Vincent Orlando cr, bac ; Office Location: James Dinizio,Jr. . ,t� Town Annex/First Floor.North Fork Bank Michael A. Simon �i' 54375 Main Road(at Youngs Avenue) C�U�� % �' Southold. NY 11971 http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS + 1`,SD Q M TOWN OF SOUTHOLD MAY 22005 Tel. (631)765-1809•Fax(631) 765-9064 • FINDINGS, DELIBERATIONS AND DETERMINATIOS -iCWi111 CI�1'IC MEETING OF APRIL 14, 2005 ZB Ref. 5655—William and Janice Claudio, Contract Vendees; Current Owner: Linda Braider. Property Location: 1960 Gull Pond Lane, Greenport; CTM 35-3-12.9 (a/k/a CTM 12.6 and 12.7 total combined area: 81,913 sq. ft), SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total combined area of 81,913 sq. ft. with 272.50 ft. along the south side of Gull Pond Lane, Greenport. The property is improved only by two small sheds and a dock structure as shown on the November 18, 2004 survey, amended November 30, 2004 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's December 8, 2004 Notice of Disapproval, citing Section 100-32 in its denial of an application to subdivide the property, with proposed Lots 1 and 2 containing less than the code required 80,000 sq. ft. in size, and containing less than 250 feet of depth in this Residential R80 Zone District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2005 and March 31, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants are requesting area variances concerning two proposed nonconforming Lots, #1 of 40,913 sq. ft. and lot depth of 50 feet, and #2 of 41,000 sq. ft. and lot depth of 186. The property is also shown on the Subdivision Map of Leon Marcus with an approval date stamped August 4, 1986. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most properties on Gull Pond are approximately one acre in size, and only those lots adjacent to the cemetery are over two acres. To the north is : 1 ? Yl. .1 4 e .1150'2—April 14,2005 ZB Ref, 5655—William and Janice Claudio CTM ID: 35-3-12,9 R40 Zoning, to the west and directly south R-80 Zoning; to the east underwater (town) land of Gull Pond Inlet. Also, land approximately 200 feet south of the applicant's property is zoned R40 Residential (minimum 40,000 sq. ft. required). 2. The building of two houses on property that is at least twice the area of the neighboring parcels cannot be achieved by any other method. 3. The relief granted is substantial, reducing the lot from two acres to one acre. Although neighbors have raised questions about environmental effects and traffic that would result from the building of an additional house, the marginal effect of building two houses rather than one will not be significant, given the number of improved smaller lots in the vicinity. 4. The difficulty has been self-created. It is a consequence of the owners' retaining the two-acre size of the existing lot at the time neighboring lots were divided. 5. No evidence has been submitted to suggest that a variance in this residential community, with adjacent R-40 and R-80 Zone Districts and similar sized improved and vacant parcels, will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, with lot sizes shown on the November 18, 2004 map, amended November 30, 2004 by John Metzger, L.S. (Peconic Surveyors, P.C.). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate 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, Dinizio, and Simon. Nay: Member Orlando (referring to intent of recent changes in the town subdivision code). This Resolution was duly adopted (4-1). `tom J &). t//\�-.JC rS[.JaAkrL-- Ruth D. Oliva, Chairwoman 4 Etc/05 Approved for Filing a '► .,' t rc + '� , Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK: STATE OF NEW YORK HENRY OMAN and CHRISTINA J. OMAN Plaintiff -against- ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Defendant ORDER TO SHOW CAUSE VERIFIED PETITION WILLIAM C. GOGGINS, P.C. ATTORNEY AND COUNSELOR AT LAW ATTORNEY FOR PLAINTIFF P.O.Box 65 13105 Main Road Mattituck,New York 11952 (516)298-4200 TO: Service of a copy of the within is hereby admitted. Dated: Mattituck, New York March 5, 2007 • ss LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS November 20, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Henry Oman and Christina J. Oman Appeal #5970 Dear Mrs . Kowalski : Pursuant to your letter dated November 3 , 2006 in connection with the above-captioned matter, I am enclosing the green signature cards from the certified mailings . Very truly yours, g chard F. La RFL/bd Enclosure APPEAL NO. 5970 - gRY OMAN AND CHRISTINA J. [AN 1000-085 . 00-02 . 00-006 . 000 U.S. Postal Service,M ru CERTIFIED MAILTM RECEIPT 0 (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www,usps.corrr� L aJOCEUE Y'119 Ast USE co Postage $ $0.63 0935 Certified Fee $2.40 11935.9. Return Receipt Fee Pow'' �¢ 0 (Endorsement Required) $1.85 R I Restricted DeliveryFee o �� 43 (Endorsement Required) $0.00 s ,4:\ Total Postage&Fees $ $4.88 ` 4i/2 t,t .V5 Q ` — u-) O Sent To I=1 Paul A Peter Street, Apt.No.; orPOBoxNo. 1120 Bridge Lane City,State,ZIP+4 Cutchogue, NY 11935 PS Form:3800 June 2002`h See Reverse Instructions 1000-085 . 00-02 . 00-010 . 003 U.S. Postal Servicer. o CERTIFIED MAIL, RECEIPT Ln i-R (DomesticMail Only;No Insurance Coverage Provided),, For delivery information visit our,website atw ww.usps.coms CORTE kr 1:49C 1 A L U S E 1:O Postage $ :7371ti ;;+,�. r- N1 -99 173 Certified Fee 046 03 J6 O Return Receipt Fee st41(,(Endorsement Required) ��° Her- Restricted Delivery Fee 0 (Endorsement Required) $0.11 OWN e(/J' Total Postage&Fees $ $4.:!; 1:3 Sent To Bedell North Fork LLC N Street,Apt.No.; or PO Box No. 36225 Route 25 City,State,Z/P+4 Cutcho:ue, NY 11935 PS Form 3800,June 2002 See Reverse for Instructions� 1000-085 . 00-02 . 00-030 . 000 rU.S. Postal ServiceTM a CERTIFIED MAIL,, RECEIPT r-R (Domestic Mail Only;No Insurance Coverage,Provided) 117 , For delivery information visit our website atwww.usps.com5 Ln Clleagai 1931 L USE • `O •35-9 Postage $ $0.63 �/�/ , 9(5) Certified Fee $2.40 13 Q Return Receipt Fee N 4t� (Endorsement Required) $1.85 P..Ore Riark0 11 Restricted Delivery Fee Cly y 1J ® J I Li (Endorsement Required) $0.00 r9 ,e.13n Total Postage&Fees $ $4.88 11/1 .i i Ui C Sent To CI Kevin Lynch r` 'street,Apt No.; .tinge Lane orPOBoxNo. P.O. Box 206 City,State,ziPt4 Cutchogue, NY 11935 PS Forn 3800 June 2002 See Reverse;for Instructions t Page 1 of 2 ,, _,.....r.e.. _ q1ZY OMAN AND CHRISTINA J. AN APPEAL NO. 5970 - c •- A. 1000-097. 00-01 . 00-016 . 004 U.S. Postal Servi.ceTM rT, CERTIFIED MAIL RECEIPT Lfl r- (Domestic Mail Only;No In.surance Coverage Providecl)H„ For delivery information visit our website at www.iisps.cornk ci Ln CU** V1t9 I A L Lij,,c1. r- al Postage $ $0.63 o Certified Fee $2.40 ( ,v.j ff. Is' postni:ark Return Receipt Fee $1.85 (Endorsement Required) E ,.,, Restricted Delivery Fee $0.00 .‘-, (Endorsement Required) 43 ".:.... 0 rq Total Postage&Fees $ $4.88 11/13/2066 Ln CI Sent To En Pugliese Vineyards LLC N Street,Apt.No.; 2703-15frage "Lane or PO Box No. P.O. Box 467 City,State,ZIP+4 Cutchogue, NY 11935 PS Form 3800,June 2002 See Reverse for Instructions 1000-097 . 00-01 . 00-017 . 000 , U.S. Postal Servicem, CERTIFIED tWAILTM RECEIPT Lrl (Domestic Mail Only;No Insurance Coverage Provided) im For delivery information visit our website at www.usps.c ix) co e r- _ ,,,,, ,,. ,,t arMr0 V 1935# A L CO 9 E Postage $ $0.63 A.cY•t, . 0 of,* Certified Fee $2.40 lYgb. a up Return Receipt Fee Mtn! (Endorsement Required) e"Here Restricted Delivery Fee co (Endorsement Required) $0.00 N ePostrnar 3 r-i /)60 .0 ci Tnotrotal Postage&Fees $ $4. li P Sent 11 'oil L.r) p George E Lindner 71fieliiliiihri---------------------------------------------------------------------- or PO Box No. P.O. Box .----- 350ul6aiiii:jvip --------------- - -Cutchogue, NY 11935Ps Form 3800 June See Reverse for L Page 2 of 2 ... I I i APPEAL NO. 5970 - —JRY OMAN AND CHRISTINA J. "��IAN 1000-085 . 00-02 . 00-006 . 000 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. ignature item 4 If Restricted Delivery Is desired. �/ ❑Agent • Print your name and address on the reverse ���� 0 Addressee so that we can return the card to you. B. Recei d by(Printe Name) C. Da of De iv ry • Attach this card to the back of the mailpiece, A17 R %��� ) I , i J� or on the front if space permits. PAA17 ' (/// 1. Article Addressed to: D. Is delivery address different from item 1? If YES,enter delivery address below: No Iaur A Peter i 1120 Bridge Lane Cutchogue., NY 11935 3. Service Type P Certified Mail 0 Express Mall ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number; (Transfer`fro`ni service iabei)I ' ' .' ' 7 0 0,5 .18;2 0,! D D 7;s 8:7 5.D :50 9 2 i l( PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1000-085 . 00-02 . 00-010 . 003 1 I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X / 0 Agent (f ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. • Attach this card to the back of the maliplece, B. 'v VT via Na .) C. at:�f D�liry or on the front if space permits. U 1: Article Addressed to: D. Is delivery address different from item 1? 0 es If YES,enter delivery address below: 'No - Bedell North Fork LLC 36225 Route 25 Cutchogue, NY 11935 ' 3. Service Type 12 Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number; , . I 1 Y. -- (Transfeifrom service lath i 1 1 7 +7 5 18 2;0 Ea a:0 7 =8 7 5 ;510 8 PS Form 3811,February 2004 Domestic Return Receipt ,^ 102595-02-M-1540 1000-085 . 00-02 . 00-030 . 000 SENDER; COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Sign- re • item 4 if Restricted Delivery is desired. X / 0 Agent ■ Print your name and address on the reverse .Armi...i1ai/ 0 Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece, B.�R,,.�eiv�ed (Printed Name) Date of Derive or on the front if space permits. ��'�'x J . Lt�[J 4 /1...( -O4 Y. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Kevin Lynch Bridge Lane ' P.O. Box 206 Cutchogue, NY 11935 3. Service Type 7 Certified Mall ❑Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number --- (TransferfromseMcelabe° �. 7005 1820 0007 8750 5115 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Page 1 of 2 III 7 APPEAL NO. 5970 — ,.��NRY OMAN AND CHRISTINA J. 1_,1-.AN 1000-097 . 00-01 . 00-016 .'004 SENDER: COMPLETE THIS SECTION , „ • . COMPLETE THIS SECTION ON DELIVERY ,. M Complete items 1,2,and 3.Also complete A. S r'- e •Item 4 if Restricted Delivery is desired. �I% 0 Agent ® Print your name and address on the reverse . ' 0 Addressee so that we can return the card to you. B. Received by(Rid,.Name) C. o ate Delivery ■ Attach this card to the back of the mailpiece, � ,"� `, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: 0 No , ugliese Vineyards LLC ._705 Bridge Lane t .0. Box 467 Cutchogue, NY 11935 3. Service Type ita Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 1820 0007 8750 5122 � ((Transfer fromm service label 1 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1640 I( 1000-097 . 00-01 . 00-017 . 000 SENDER: COMPLETE THIS SECTION ' COMPLETE THIS SECTION ON DELIVERY, , . I ® Complete Items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. x I/ � 0 Agent II Print your name and address on the reverse _ 0 Addressee so that we can return the card to you. B. Received by(Pnnted Name) C. D•te of Delivery ® Attach this card to the back of the mailplece, iI 16 or on the front if space permits. , D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: if YES,enter delivery address below: 0 No George E Lindner 1P.O. Box 350 \Cutchogue, NY 11935 3. Service Type a Certified Mall 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes - 2. Article Number• i I11:1 i' !,"i1 -11 70n5 18120 0007 ;8750 ; 5139 I (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2