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HomeMy WebLinkAbout5992 j/ I ' ~ , i I~ (J)~ () I~!~ ~ .:t I, ~ ....j 1"1- I~ ......, - I -l::If I~ r -....C\ I~ ~ (> :YJ , 1~1~, $' 0, ~(' ~ ~ ~ \ '- ~ :t." 't,- /V ~ ~ ~r ~ )> I --l ~ l1 , 2i ~(:> , 12: i ........ ~I " ~ ~I ~i ~ I ~ ~ J> [ ~ ~ ~ ~ Ib. I t ~ -.....:... <:l I~ ~ ~ ~ h "- ~ ~~"" t\ ~ G\ ~ 1\ ~ ~ ~(. t' -t-... 0 f APPEALS BOARD MEMBERS Ruth D. Oliva Gerard P. Goehringer James Dinizio, Jr. , 03aLX~lan Michael A. Simon Leslie Kanes Weisman 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 FEBRUARY 8, 2007 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED MArl 2 2007 d Town Clerl~ ZB File No. 5992 - Saundra Perry and Sandy Ground LLC Property Location: 57190 Main Road, Southold CTM 63-4-3 and CTM 63-4-5.1 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's property (referred herein as Parcel A) contains 10,498 square feet with 92.98 ft. frontage along the Main Road, and is improved with a two-story business building as shown on the August 25, 2006 map prepared by John Metzger, Land Surveyor. The adjacent 49,967 square feet parcel (referred herein as Parcel B) is vacant land and contains with 15 ft. frontage of a private right-of- way and 65 ft. frontage (total 80 ft. frontage) along the Main Road. Parcels A and a portion of Parcel B are located in the HB Hamlet Business Zone District for a combined HB District area of 29,088 square feet. The remaining area of 31,377 square feet will be within the R-40 Low-Density Residential Zone. BASIS OF APPLICATION: This application is based on the applicant's direct submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot-line change between two existing lots. The applicant requests a Variance under Section 280-18 for the purpose of enlarging the HB Business parcel from 10,498 square feet to 29088 square feet, plus 3,228/- square feet area for right-of-way access along the westerly side, to the rear residentially zoned parcel. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated January 9, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 25, 2007, 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 1o be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant proposes to enlarge her lot by acquiring a portion of the southerly adjacent property. This proposed change of lot lines will reduce the rear R-40 Residential lot from the existing size of 49,967 square feet, to 31,376+/- square feet as a flag-shaped lot (24,891 square feet plus 3,258 square feet for right-of-way and 3,228 square feet flag leg), and will increase the size of her existing lot located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet. Page 2 - February 8, 2007 ZB File No. 5992 - S. Perry; Sandy Ground LLC CTM # 63-4-3 and 5,1 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lot line change will not create any new building lots and allows the applicant to extend the property lines to the zoning district boundary line between her parcel and the adjacent southerly parcel. The Hamlet Business lot will be increased to 29,088 square feet. The 3,228 square feet of flag area is not included in the square footage of the Hamlet Business Lot, but is included with the frontage of the southerly lot, which will contain 31,377 square feet with a 3,358 square foot area of right-of-way access from the Main Road. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance and result of the lot line change will enable the applicant to enlarge her place of business and provide better parking facilities. 3. The variance granted herein is not substantial. The lot sizes are adjusted for the purpose of enlarging one lot and reducing the lot, without creating new parcels. 4. The difficulty is related to the layout of the properties and has not been self-created. 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. The lot line change is at the zoning district boundary line, and other nearby residential properties are approximately the same size. 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 between two existing parcels, 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 Oliva, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by John T. Metzger, Land Surveyor dated August 25, 2006 and confirmed in the applicant's attorney letter with lot calculation breakdown received January 4, 2007. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Oliva, Simon, and Weisman. (Member Goehringer was absent.) This Resolution was duly adopted (4-0).(""} (/~ ,. · ~n'~s'binizio Jr.~C~air~an ? ~ ~ / f /2007 pproved for Filing f 01/04/2007 11:06 FAX 631 76~4,~643 Memo : MOORE LAW OFFICES PATRICIA C. MOORE Attorney at Law 51020 Main Road $outhoId, Now York 11971 Tel: (631) 765-4330 Fax: (63l) 765-4643 I~001 JAN 0 4 200~ TO: Linda FROM: Patricia C. Moore DATE: January 4, 2007 Re: Saundra Perry Premises: %000-63-4-3 Perry Commercial building 1000-63-4-5.1 formerly Arm et al Attached are calculations of the square foota~e of parcels consistin9 of the lo% line change. 1000-63-4-3 developed parcel before 10t line change: 10,498 sf 1000-63-4-3 after lot line change: 10,498sf + 18,590sf Land Area Business zoned from parcel 63-4-5.1 excludes flag: 29,088 sf area of flag on parcel l: 3,228 sf (not included in sf of proposed parcel 1) P&roel 2: 1000-63-4-5.1 before lot line change: 49,967 sf 1000-63-4-5.1 a~ter 10t line change (Land area zoned R-40) 28,149 sf includes ri~hr of way for Hurter parcel (right of way 3,258sf) + 3,228 sf fla~ to Main Road = total 31,377 sf as ~hown on survey. Proposed parcel 2 without area of right-of-ways: 24,891 sf 01/04/2007 11:06 FAX 631 MOORE LAW OFFICES '-'~'k4AIN--, -ROAI2-"-'~--(~N.¥.S. ~te, 25 1~002 JAN 0 4 2006 50'~ NIOIF LEGAL~NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JANUARY 2572007: 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant's submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The proposed lot line change will increase the improved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right-of-way to Parcel 2), and will reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of the parcels). Location of Property: 57190 Main Road (S.R. 25) and private right-of- way extending 244.19 feet from the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. 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: January 8, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 #8172 STATE oF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 11th day of n_,.~..Q~Q~ 2007. Principal Clerk Sworn to before me this ~//~-- day of 2007 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified in Suffolk ~ounty' Commission Expires February 28, 2008 LEGAL NOTICES LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25,2007 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Soudiold, die following public hearings will be held by die SOUTH OLD TOWN ZONING BOARD OF APPEALS at thc Town Hall, 53095 Main Hgad, I~O. Box 1179, Southald, New York 11971~}959, on THURSDAY, .~ANUARY 25, 2007: 9:50 A.M. ROBERT and SUSAN SOMERVILLE #5993. Request for a Variance under Section 280-124, based on the Building Inspector's November 15, 2006 No~iee of Disapproval, ameml~ ed January 3, 2007,concerinng proposed additions and alterations to the existing suigle-£amily dwelling widi a fxont yard setback of less than the code-requked 35 feet,at 595 Oakland Court and Shady Lane, Southdid; CTM 90-4-7. 10:00 A.M. FiDCO #5990. Request for a Special Exception, based upon Code SectiOns 280-18, B6 and B8, con- cern~ng a proposed conversion of the existing budding to recreation facibty and (nonprofit) meeting hall, in this B- General Business Zone District. Loca- tion of Property: Fox Lane Building #gg and Greenwood Road, Fishers Island; CTM 12-1-5.1, 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant's submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The pro posed lot l/ne change villi increase the finproved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right-of-way to Parcel 2), and will reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of the parcels). Lo- .cation of Property: 57190 Main Road (S.R. 25) and private right-of-way ex- tending 724.19 feet from the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. 10:20 A.M. ARTItUR AIELLO #5995. Request for a Variance under Section 280 122 (100-244), based on tim Building Inspector's June 16, 2006 No- tice of Disapproval concerning a pro- posed 16' by 20' accessory garage which increases the lot coverage over the code limilation, at 615 Mariene Lane, Mattituck; CTM 143-3-26. 10:30 A.M. RUSSELL and FLOR ENCE PELLICANO #5991. Request for a Special Exception under Section 100-3lB of die Soudiold Town Zoning Code. The Applicants-owners request a Bed and Breakfast use, incidental to the owner's occupancy in this single-fam- ily dwelling, for lodging and serving of breakfast to transient roomers, as an ac- cessocy use. Location of Property: 9680 North Bay~iew Road, Soudiold; CTM 79-8-13.I. KERMANSHAHCH1 #5986. Request for a Variance under Section 290-14, based on the Building Inspector's Oc- tober 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelli~ag wish a setback at less than the code-required 60 feet from the front lot hne, at 7213 Pecouic Bay Boulevard, Laurel; CT/VI 126-10-L2. 10:50 A.M. HENRY RUGGIERO #5982. Request for a Variance~ under Section 280-122, based on the Building Inspector's October 26, 2006 Notice of Disapproval concerning alterations and/of reconstruction of an than 15 Interpretation No. 5039 in the Walz a plicafion). Location of Property: 425 Calves Neck Road, Soudiold; CTM 63- 7-29.1. 11:05 A.M.W. BRUCE and MARY ANN BOLLMAN #5680. Hearihg reopened for purposes of receiving documentation and testimony relative ! to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). This is an application concerning a request for ' Variances under Section 100-244, based; on the Building Department's February 3, 2005 Notice of Disapproval, concern- ing an application for a building permit to substantially remove or demohsh ex- isting dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limita- tion of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-134. 1:00 EM. WILLIAM E. LEHM- ANN and ALICE LEItMANN #5989. Request for a Variance under Section 280-13A (100-3iA), based on the Build, in# Inspector's July 28, 2006 Notice of Disapproval which states that the pro- posed garage is not a permitted use on this vacant property located at 725 Rab- bit Lane, East Marion; CTM 31-17-17. 1:10 EM. JOSEPH E. GULMI and SUSAN BRAVER #5994. Request for Variances under Sections 280-13 (for- merly 100-33) and 280-105, based on the Building Inspector's December 11,2006 Notice of Disapproval concerning an as- built swimming pool in a location other than the code-required rear yard and fence height exceeding the code height limitation of four feet. at 250 Pine Tree Court, Cotchogue; Parcel 98-1-7.11. 1:15 PM. EAST MARION FIRE DISTRICT #5972. Public Hearing re- opened for purposes of receiving testi- mony relative to projected telecommu- nicatinns coverage for tower and anten-: nas at heights over 80 feet. A Variance under Section 280-69 (100-162A3, A5) is requested, based on the Building Inspector's July 25, 2006 Notice of Dis- approval, for construction of a proposed wireless communication/telecommuin- cations tower on property owned, leased or otherwise controlled by a special dis- trict approved by the cormmisxioners of the special district. The proposed tower will e>[ceed the code limitation - with a height greater than 10 feet above die average height of buildings within 300 feet of die facility, OR if there are no buildings within 300 feet, these facili- ties shall not project higher than 10 feet South01d NY 11971~-~ 8172;1T ~/1i : '' RECEIVED DEC 8 2006 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP ~.ALS ~ ~ . POt UIIICC use umy ~m ~ ~ ' ;, , ~ ~ j ~ Fee:$ ~O~,~FiledBy:~,l~-~'~.'~'~ateAssi~e~Assi~entNo. ~ ~ /~/ /' ~rcel LocaUon: Hous~o. ~1~0 ~eet Mmn fioad Hmlet Southold ~ SCTM 1000 Section 63 Block ~ Lot(s) 3 and 5.1 Lot Size Lot Line Change between Lot 3:10,498 sq.ft. HB zone Lot 5.1 49967 sq.fl. R-40 zone Zone Disffict HB & R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: subdivision application 8/29/06 Applicant/Owner(s): Saundra Perry (Contract Vendee of Lot 5.1) Mailing Address: P.O.Box 1824, Southold NY 11971 Telephone: 765-3620 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, amhitect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED N/A FOR: [] Building Permit (__) [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Area Variance for residential lot- increase size of HB lot Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article p/ Section 280-..~ Subsection ( ) -(i~- qo ) Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section Apr/or a;peRae~;rS~la~a~i not ~een~ade^~t~,h~. ~ with respect to this property UNDER Appeal / No. Year Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Saundra Perry owns a 10,498 sq. ft. commercial property used for her Physical Therapy business. The adjacent split zoned parcel being 49,967 sq.ft., is zoned HB along Main Road and ire re,r portion of the lot is zoned R-40. The applicant wishes to complete a lot line change which will increase the existing commercial parcel (Tax Map #3) by the commercially zoned portion of Tax Map #5.1. The balance of the parcel which is presently residentially zoned will be reduced in size to 31,377 sq.fi. While the residential lot will be made nonconforming in size it will eliminate the split zoning of the parcel and retain a residential parcel which is conforming to the size of the pamels in 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, becanse: The Lot line change will enable the commercial parcel to be better site planned. The existing commercial property will have adequate room to park on the same parcel. Excess parking has been allowed by the owner of lot 3 and the lot line change will improve the existing conditions of the existing commercial parcel. ,,- · ~ The lot line change will not increase the number of lots, the residence can be easily constructed on the remaining 31,377 sq.ft. Parcel. (3) The amount of relief requested is not substantial because: The zoning requires 40,000 sq.ft., this parcel falls within the HALO zone so it could be potentially developed with greater density. The adjacent parcel will be made larger to improve the existing conditions of the site. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The adjacent community contains parcels from 1/4 to ½ acres in size. This is awell established neighborhood where the lots are less than one acre in size. The remaining parcel will be in conformity with the existing development patterns of the neighborhood. (5) Has the variance been self-created? ( X )Yes, or ( )No. If not, is the construction existing, as built? ( )Yes, or ( X )No. The lot line will improve existing conditions, the parcels could be developed independently with cross over agreements. The zoning permits mixed residential and commercial uses on the same parcel, however, good planning of this parcel would recommend the Lot line change. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The previous owner had designed commercial development plans for Tax map 5. I, however, Ms. Perry wishes to address a parking problem on her existing parcel. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Sworn to before me this d~~ PATRICIA C. MOORE Note~/Public, State of New Suffolk County - No. 486166.8 Commission Expires June 16,'~/~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 9, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning ComnUssion is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Ruggiero, Henry 5982 Lehmann, William 5989 FIDCO 5990 Perry, Saundra 5992 Somerville, Robert 5993 Gulmi, Joseph 5994 Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc S/s Christopher S. Wrede Environmental Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG, - 4TH FLOOR · P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788~0099 TELECOPIER (631) 853-4044 /~C~-(&'Y-~-/ T~'"~N OF 'SOUTHOLD PERTY RECORD CARD FORA~ER OWNER . DISTRICT SUB. ? ACREAGE TYPE OF BUILDING LOT R~. s~s. VL.W/FA~ COMM.I IND.CB. MISC.Est. Mkt. Value DATE AGE IMP. Farm 1 Tillable 2 TOTAL /,//0//,/ REMARKS · BUILDING CONDITION NEW NORAAAL BELOW ABOVE FRONTAGE ON WATER Acre Value Per Acre Value Tillable 3 Woodland Swampland Brushland House Plot Total TOWN OF SOUTHOLD PROPERTY RECORD CARD ~,~,~, &/ ~ ~ IMP. TOTAL DATE R~RKS N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value J k . Acre Fillable 2 Fillable 3 ~dland ~wampl~ FRONTAGE ON WATER ~r~land , FRONTAGE ON ROAD touse Plot DEPTH ~ BULKH~D Fotal Extension ExtensiOn Extension Garage Potio O, Bo Total 6.3-4-3 ~/01 ~ J Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roorr I0 ~1 2-,~ Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo inette LR. DR. BR. FIN. B. ~3 N 7 5.a,3'/o'E 16.1 KEY MAP SCALE' 1"= ¢00' %o L 0 r LiVE OHAN~ FOR AREAS- EXIS TING 1000-63-04-03 = 10,498 ~q. ft - N~ % ~ ,~ A T SOUTHOLD PARCEL I = 29,088 sO. IL '~ o~o ~o, TO~N OF SOUTHOLD' PARCEL ~ = 31~3~7 so. fL'~ COUNT~ ' SUFFOLK 1000--63--0~--03 & SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES HAUF?AUGE, N. Y. DA FE THiS IS [0 CERTIFY FHA T THE PROPOSED REAL TY SUBDIVISION OR DEVELOPMENT FOR (N THE ~h-H A TOTAL QF LOTS //AS A?FRQVED ON THE A~'OVE DATE. ~AFER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIJ./E OF CONST.~UCT~ON A.'.~ A.RE SUBJECT FO SE?A.eATE PE,~qfTS PURSUANT TO THOSE SFANDAflDS. TH~ APPROVAL SHALL BE VALID ONLY lF THE REAL TY SUBDIVISION/DEVELOPMENT 14AP IS DULY FILED '~ITH THE COUNTY CLERK YilTHIN ONE YEAH OF TH~ DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON ~ THIS ENDDRSE~tENT APPEARS IN THE OFFICE OF THE COUNTY CLERK ~l ACCORDANCE '~tTH PROVISIONS OF THE PUBLIC HEALTH LAYl AND THE SUFFOLK COUNTY SANITARY COD~. 'I/AL F£e J. HILBERT, P.E. DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY PARCEL 1 1000-63-04--5.1 AREA - 29,088 SO. FT SCALE: i'--30' z~NI~'~O 14o. 0IS T~[C T /000-63-04-5.1C. ARM zoNING &KERR' C~ETA~ ~ PARCEL' 2  ~ 51,377' SO. FF TYPICAL PLOT PL,~tl DEC 8 ~006 (6Jl) 76.,5-5~ 1797 P.O. BOX 909 ?/7/~ the others F~M ZONE AND CONR[RUGRON OF SUBSURFACE SEWAGE OISPOSAL SYSTEMS FOR SINGLE FAMILY RESIOENCES permit to construct Office Location: %V OG Mailing Address: Town Annex/First Floor,North Fork Bankti = 53095 Main Road 54375 Main Road(at Youngs Avenue) - ^� P.O. Box 1179 Southold,NY 11971 y p!� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 March 2, 2007 Regular Mail and Fax Transmission Patricia C. Moore, Eso. 51020 Main Road Southold, New York 11971 Re: File No. 5992 — Per%Sandra & Sandy Ground LLC Dear fills. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our February 8, 2007 Meeting. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. You may want to furnish a supplemental copy of the enclosed at the time of submitting additional documentation requested of the Building Department. I have also furnished a copy of the enclosed to the Building Department for their records. Thank you. Very truly yours, Linda Kowalski Encl. 12/07/2006 18:16 FAX 631 765 dada , MOORE LAZY OFFICES X1001 1' PATRICIA C. MOORS Attorney at Law i 51020 Main Road Southold,Newyork 11971 Tel: (631)765-4330 Fax:(631)765-4643 Robert Kassner, Margaret Rutkowski Legal Assistant Betsy Perlin I Secretary December 7, 2006 Southold Town Zoning Board of Appeals j Ruth Oliva, Chairwoman Southold. Town, Hall 53095 Main Road fi Southold, NY 11971 Re: Saundra Perry Lot Line change 1000-63-4-3 & 5.1 Dear Chairwoman and Board members; I am in receipt of your communication dated December 7, 2006, please continue to process the application as a lot line change and area variance for the residential lot. Parcel 63-4-3 is zoned Business and is presently owned. by Sandra Perry. Based on the assessors card this lot dates back to 1964, building permits have been issued for this parcel from 1993 (##21541) through 2000 (#24030) when Ms. Perry converted the residence to her physical therapy office, Parcel 63-4-5 .1, according to the property card, was "split" by deed on 8/2/79 (owner Lanzer & wt. ) . Hutter purchased, in 1979 and sold to Arm & others in 2002 . The parcel, remained single & separate because each lot exceeds 40, 00o sq.ft. The applicant as Sandy Ground LLC closed yesterday (12/6/06) and wishes to proceed with the application. Parcel. 63-4-5.2 was "split' by deed on 8/2/79 with a conforming 42, 000 sq.ft. Parcel.. Rutter purchased the property and constructed her house on this parcel. These lots would also appear on the 1981 tax map. Please place this application on-y'our_earliest available calender. If you need anything else please do not hesitate to contact me. Very truly yours, lcia C. Moore cc: Ms. Wickham Esq. 12/08/2006 12:47 FAX 631 765•_4-Q 3i—" MOORE LAW OFFICES r 11001 PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold,Now York 11971 Tel:(631)765-4330 Fac: (631)7654643 December 8,2006 Zoning Board of Appeals Ruth Oliva,Chairwoman Town of Southold Main Road i PO Box 1179 Southold NY 11971 r RE: SAUNDRA PERRY LOT LINE CHANGE SCTM: 1000-63-4-3 & 5.1 vk � Dear Chairwoman and Board members: IIn furtherance of my letter to you yesterday,please be advised tliat I found a Zoning i Board appeal granted in 1975 for a variance and 2$OA for the parcel owned by Lanzer, who Mien conveyed to Hutter. Copies are attached. This should resolve the Board's questions and our application should now proceed. Thank you. i i Very truly you s, i Patrleia C-Moore PCM/bp encls. C: Saundra Peiry �I PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Robert Kassner, Betsy Perkins Legal Assistant Secretary October 20, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Saundra Perry Lot Line change 1000-63-4-3 & 5 . 1 Dear Chairwoman and Board members : The applicant has an ' application pending with the Planning Board for a lot line change . Ms . Perry, as Contract Vendee, wishes to merge the HB portion of the parcel to the adjacent HB zoned parcel which she owns and contains Ms . Perry' s Physical Therapy business . The HB parcel will be made larger to accommodate her business . The balance of the parcel which is zoned R-40 will be made smaller. Enclosed please find my client' s check for the application fee of $ and 7 packets of the following documents : 1 . Map of Lot line change 2 . LWRP 3 . Variance Application with questionnaire & project description 4 . Transactional disclosure 5 . Authorization from owner/seller, Craig M. Arm 6 . Tax Map and property card Please place this application on your earliest available calender. If you need anything else please do not hesitate._to contact me . Very yours, P ricia C. Moore cc : Ms . Wickham Esq. i APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_Saundra Perri Date Prepared: October 12, 2006 I. For Demolition of Existing Building Areas Please describe areas being removed: NONE II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NONE Dimensions of new second floor: Dimensions of floor above second level: none Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: NONE Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): LOT LINE CHANGE Existing square footage of buildings on your property: _Existing square footage of Tax Map Lot 5.1 49,967 before Lot line change and zoned HB & r-40 • 31,377 after Lot Line Change and zoned r-40 : Existing square footage of Tax Map Lot 3 before Lot Line Change 10,498 zoned HB after Lot Line Change 29,088 square feet Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: 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 and mixed zone HB and R-40 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 I ,tn v QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A Is the subject premises listed on the real estate market for sale? r ,+ ❑Yes )(No DEC 1 2 2006 B. Are there any proposals to change or alter land contours? ❑YesN0 ����€�t s , 7r�MIN9 ZOA" C. 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? tj 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? fJ 0 Please confirm status of your inquiry pr application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?�C-) E. Are there any patios, concrete bamers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? �� (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? V-0 If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? � If yes, please label the proximity of your lands on your map with this application. 14 rt$ L-n h- — O WY1er&(ntfo — H. Please list present use or operations conducted at this parcel V aU5► rte and proposed use C ory)M;�6_CtCU��51/yt ampl existing: single-family, proposed: same with garage) bU btrLj255 ` onzed Signature and Date 2/05 c _yam ' � 1 TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Saundra Perry and Patricia C. Moore Esq. (Last name, first name, middle initial,unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance _X Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally(or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a,- business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted this day o 61—' (p Signature: Print Name: Saundra Per By Patricia C. Moore, Esc , Signatur6:]���.... Print Name: Patricia C. Moore Esq. !;jI11:111111111 till IIIIIIIII III lll�d it It C aij, 1 I If68201,11 I IIII I Illi I I{I III I III ,IIII t IIII'III' I IIII I 11111 ,III' ,IIII '� I l III III 411'1 IIII i 0iro CID I II It 11�11"NiflIdii 11HO! I Ili it August 5th, 2006 Reference: SCTM # 1000-63-04-5.1 Letter of Authorization To Whom it May Concern: This letter is to authorize Patricia Moore to submit applications on behalf of Sandy Ground, LLC. to the Southold Town Planning Department, Zoning Board of Appeals, the Suffolk County Department of Health Services, and all other agencies having jurisdiction in order to obtain approval for a lot line change and site plan approval. Very truly yours, 7- Craig M. Arm r Saundra Perry PO Box 1824 Southold NY 11971 October 17, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: I, Saundra Perry, as contract vendee of premises known as 57190 Main Road, Southold, sctm: 1000-63-4-5.1 and as owner of premises sctm: 1000-63 36iticieby authorize you to make any and all applications to the Suffolk County Health Department,•Town of Southold, Town of Southold Planning Board, Southold Zoning Board of Appeals and any other necessary agencies on my behalf regarding my above referenced property. Very truly yours, Saundra Perry 'r4_xWmy^.n{wCa Wish-.t�.:u,4:nstl.-arx.cl r�R....,.i.-y--j PATRICIA C. MOORE �^ Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 August 29, 2006 ®& Ms. Jerri Woodhouse, Chairwoman and �G Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: Lot Line Change- Sandy Ground, LLC Saundra PerrS SCTM#1000-63-4-5.1 Dear Ms. Woodhouse: The Contract Vendee, Saundra Perry wishes to submit a lot line change for her existing business property. Ms. Perry is purchasing the adjacent parcel (1000-63-4-5.1) owned by Craig Arm, Brett Kehl and Robert Celetano. She wishes to change the boundary line between the two parcels to coincide with the Zoning Line which presently bisects lot 5.1. Enclosed please find application for lot line change, authorization, Schedule A from the deed, short EAF, $500 application fee, and three copies of the proposed map for your review. Once the Board has had an opportunity to review the maps I will submit additional copies. If you wish to discuss this further please do not hesitate to contact me. Very truly yours, Patricia C. Moore cc: Ms. Perry w/encl. 0Z)DHoubr South : .�sa.,:, P; .0 Chair ® - old; NY 11911 ' cfa OFFICE LOCATION: RICHARD CAGGIANO �° Town Hall Annex WILLIAM J CREMERS ® 54375 State Route 25 KENNETH L EDWARDS ®` �� (cor Main Rd &Youngs Ave ) MARTIN H SIDOR Southold, NY Telephone: 631 765-1338 Fax: 631 765-3136 PLANNING NING'r BOAP.D OFFICE TOWN OF SOUTHOLD Applieati®n for Re-oubdivisi®n/Lot Line --- — - --- -- - ------------------ ----------------------------- --- - -- - --- - --Modification - APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the Proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name 2. Suffolk County Tax Map # loop-- 63 -- V- 3. -3. Hamlet 'SC)C'a bio A/ 4. Street Location /L2Ct l/► Ro adl (50 aAAo/d 5. Acreage of Sitei�{��� !U /�(3) 4-,-v,© % 6-7 �S / 6. Zoning District 146- j�- .Yo, 7. Date of Submission 9? /Z-C/ /D 4 8. Please provide the names, addresses and phone numbers for the following people: Applicant: �SGe-c�s�cGPC :5��/ ("olv'D, LTL 57/55 o Ma 10, Raced U Agent: % (�'i D i`e ef; 7/ oven re ieerator,freezer,air conditioning equipmentand payment within 10 business days after the giving of such OF SOl�j�,o ELIZABETH A. NEVILLE ,`O l0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS CA ANC Southold, New York 11971 MARRIAGE OFFICER G • Q Fax (631) 765-6145 RECORDS FIVO � a Telephone (631) 765-1800 FREEDOM OINFORMATION OFFICER < 11A m � southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 11, 2006 RE: Zoning Appeal No. 5992 Transmitted herewith is Zoning Appeals No. 5992 of Saundra Perry- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a letter from Saundra Perry authorizing Patricia C. Moore, Esq. to file on her behalf, a letter from Craig M. Arm authorizing Patricia C. Moore, Esq. to file on behalf of Sandy Ground, LLC for a lot line change and site approval, Transactional Disclosure Form, a letter to the Z.B.A. from Patricia C. Moore dated October 20, 2006 describing the reason for application and enclosures, (2) copies a of letter to the Z.B.A. from Patricia C. Moore dated December 7, 2006 regarding the Lot Line change, (2) copies of a letter to the Z.B.A. from Patricia C. Moore dated December 8, 2006 regarding copies of a Z.B.A. appeal granted in 1975 for the parcel, (2) Town of Southold Property Record Cards for each parcel, and a Lot Line Chang for Sandy Ground, LLC prepared by John T. Metzger of Peconic Surveyors, P.C. Town Of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/11/06 Receipt#: 1035 Transaction(s): Reference Subtotal 1 1 Application Fees 5992 $40000 Check#: 1035 Total Paid: $40000 Name: Perry, Saundra P.o Box 1824 57190 Main Road Peconic, NY 11958 Clerk ID: MICHELLE Internal ID 5992 ZBA TO TOWN CLERK.TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12 / 08 /06 ZBA# NAME CHECK # AMOUNT TC DA 5992 Saundra Perry & Sandy 1035 $400.00 DEC 1 1 2006 Ground LLC seua 9 B Tbwn TOTAL $400.00 By Thank you. 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# 1000-63-4-3 & 5.1 Saundra Perry-Lot Line Change AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals ❑Area Variance for Lot line change 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: _ Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: 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: Saundra Perry (b) Mailing address: 57190 Main Road, Southold (c) Telephone number: ( 631 )765-3620 (d) Application number, if any: _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑ If yes,which state or federal agency: Town of Southold LWU Consistency Assessment Form 2 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 ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): The parcels will continue to be developed as zoned, the HB parcel will be merged to the adjacent HB parcel and made larger while the R-40 parcel will be made smaller. The parcel is presently split zoned. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Disturbed property with no historical archeological resources 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 ❑ Not Applicable ❑ Discussion (if appropriate): no visual impact Town of Southold LWPP Consistency Assessment Form 3 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 ❑ Not Applicable ❑ Discussion (if appropriate): proposed lot line change will improve site plan development of HB zoned parcel 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 ❑ Not Applicable ❑ Discussion (if appropriate)No impact Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies;Pages 22 through 32 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): no impact Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion(if appropriate): _ 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 ❑ Not Applicable ❑ Discussion (if appropriate): _ Town of Southold LVW Consistency Assessment Form 4 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 ❑ Discussion (if appropriate): No impact-land on Main Road 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. Yes ❑ No ❑ Not Applicable ❑ Discussion(if appropriate): Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies;Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑, Discussion(if appropriate): 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 ❑ Discussion (if appropriate): _Former farm field is now residential development 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 ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): _ copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 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 ❑ Discussion (if appropriate): No impact-land on Main Road WOR"NG 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. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): _ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies;Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): 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 ❑ Discussion (if appropriate): Former farm field is now residential development 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 ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 .. -. _. -:.:c -. "'-, ,"�3�>�_':v�`'-•;i: Y6,�'r'�i-Z'hY3;%._,.=kr4.Y4�.'i="' _ �w d. _rte .n Mon (�ti i HyR b / P- 0 A-c re, - - --=_ FmmAct4 fi W,(-LIAYYI __m _ °•s M„D 0•t� V � L6Ale1 - 10 R F a :O 9 3 A ro 1a v 72 f >] — 2.7 ^O O f 14 w 17 y�e4Rj is f 4k (pys `1 7 E( m � � 1e.1 y j y' LBAIc) a SaUTNOLa PAAt a5TF1T v.�/) 7 1 Ir E e I S S' r of ioe l L wma•s m u. mmp.md, i E w.....l�m•.® —zZ — sm..��melm: l21) " P1E5 K m rmx ai SECTION NO C 1,Om.mu.uf ►cxc O rnmMrW -_.- bLammHum -_m- E t1T101v T"� EOEEGv.G °f"STF�[TS NOTICE ®rRial COUNTY OF SUFFOLKE , x,wrawrcl,uralEma,vEe a. ESOUTHOLD" �°m.°_ am,w --- wm mmcl u. -- — m,a m.. .,--•— oasr Aurca s ua PnaiEe or ncReal Property iax Service Agency YEl wr.aw 23 m 17.1 AIA Ir u. ---- °ua mAnmCmmtY Unter Rivl ftA N Y 119D1r 12.0 mus[ a1LEQa EWai M uW 6.171 Ale1 ,an lw ----- aSiE••rEu e1MIVI mplrRll FaUo5:1111 6 I1E SME II FMi.m W=.carer. p DSTMT to 1000 L— PROPERTY MAP ( [LVYEIGax OeiL•u>,r M uas >x.e. - ---�=�s�¢ - - ��.s _ `•'L.Td+t.-�-:f.���-"_w-'`-_.++.'-•'t^=`_�—oA.-,t -v��:,�a='�.•- Fi _ /_ ®OF61 Office Location: ®�. OG Mailing Address: �� y1 Town Annex/First Floor,North Fork Bank y 2 53095 Main Road 54375 Main Road(at Youngs Avenue) - P.O. Box 1179 Southold,NY 11971 o! Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: January 2, 2007 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose a copy of the application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and 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 Perry, 63-4-3 5992 Art. IV Sec. 280- 8-25-06 John T. Saundra (HB) and 18 SURVEY Metzger LLS 5 (R-40) Lot line change; increase area of HB lot Your comments are appreciated by January 16, 2007 Thank you. ) Office Location: ��$%SFFOil Mailing Address: Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 4Bi ��� Southold,NY 11971-0959 o! � http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 2, 2007 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. 5992 (Perry) Action Requested: Lot Line Change 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 Kav,40"as '440=0cow wpo =rjd t9Z IR'lio3 SrlvacTciv 3o CIVOg f)KMOZ mSuffAm EMS pasranaa aq ( ) pauurjuoo aq ( )ao;aadsui 8ucpnp ng acg p suoTsap snoTnaad acTl ptu pue pa—p aq ( ) pa;nea2 aq ( ) ammlmn paasanbaa aip Teg1 PamaT IZP aag3an; SEM IT 'aaojaaorp pue RSMAIMIM asneoaq pialoyp ac;{;o aalaeseTTo aTTT 82uego (ion PTnom) (PTnom) pue aoneucpao aiG ;o TTaTds ag; anaasgo (jou soop) (saop) aoueTaen agy (o) 'Wftp' WS asneaaq ToTapsTp eon aures ag; uT pure gmdoid sM jo S;TozoTn aluTpammT otp uT aNgv saT;aadoad TIL, 4q Pamgs aq (jou pTnon+) (ptnom) pue anbTun (jou sT) (sI) Palo— drqupaaq "I (q) 95 .E me asneaaq d.gspaeg taessaoauun so sapinDMIp Te3tjoead aanpoad (lot, pTnom) (pinoa) aoumlgmo ag};o uoT;eoTTddu}oT.T3S (e) Zeg3 Pamwja3ap sem TT paeog am;o uopnTosaa cg•S:ONVIa A 'Z Aq '.1'.st*s 10MOTH °0 ! 49T O IUOMM41CTR 'I V (SZ 84UCM) P*4m VTW Aq q4ZOU 044 UO popurtoq a NZ01 MR a PTcq,4Uo$ a ptod Drew Ptm IvVOU UTVN uo 0.fmwa peonpea tMT14 44"d xd %PTATV 04 ttOT88T=8cT Zro; "Rmq t o.$ VOSE UOT4008 Pug O$Amas vm ptm OS—OOT ts®T-4=8 8 20; 04 4H '8%=L% '48 `pue Aiit$ S !.Z 'ZOSUIn OTWO8 V T 31 0/'e 4=n 9 MRXoTK ZO U®T''.V TTdd'a U04a �'a$°� Q°�D °�°s� ��':� asneaaq pamxljaoo aq ( ) Pasaanaz a4 ( ) ao}oadsai 2TTTPTTnff aql ;o uop.mp eta pini 9=utrTpao 2UjuoZ age ;o ................... I gdea2uaed uorpasgnS uopaOS .................... 91019V 04;uensandPa. P Tua eq ( ) Pa;TxeaS eq ( ) uopdaoxa 'Toads a ImD paufma;ap sem ;T paeoa oin;o uopnjosai SEE'.KOT.Id' XR Mogag 'T aausuTpao aTTTuoZ ag}o;aaTn:Iaen a ao;IS@, 11 (° aaueaTpao 2aTuoZ ST;{aapun uoTTdaaxa TL,Taads L, zo;TsaTTbag ( ) dtaadoad o; ssaaae ;o$oul ol. anp aaueTaee to;:;senbaa ( ) ano6 uo ua3M sem moTaq pa}saTpm uopoe ag3 pua paaaPTsaoO ssnz Teadde ata S L6,E °Sz ZOOM94des TTo q-ddV W Paeog BuTuoZ aTp;o Pur}aata a;e ,2L 08swr —45 Dam AU=s Le 1-17ddV I0'&UVI STqddtS v ( O V �I 2 +8 mmmom oy miouiaos,ao mam auz 3o savaaav 3o aavoa oxibioz aEu ,ao uomov S46T Ia .4sufty PN'U � 4Z otd TsaddV s'1VM" 8a aaVoa UNINOZ FIE.L SO KOISOV SLS I ff"W'd,95' asva 3moa mix'azossnos ao mKom �; .. .... ;.K.>;moi•:a -w� � I I • 4w WW After investigation and inspection the Board finds that applicant requests permission to divide property with reduced frontage on Hain Road, and also requests approval of access to interior lot. The Board finds that the property consists of more than two acres. After the proposed division each lot would have more than 40,000 sq. ft. Adjoining lots on the west are smaller than the proposed lots. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardships the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the varianoe will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS ABSOLVED, Karl & Sophia Lanser, 27 Sunny Road, St. James, N. Y. be GRANTED permission to divide property on Main Road, Southold, New York, as applied for, and be GRANTED approval of access to lot which does not front on a public highway, subject to the following conditions: 1. That topsoil be removed from the right of way and replaced with bankrun to a width of 15 feet to insure the passage of emergency vehicles. 2. The granting of this variance by the Southold Town Board of Appeals shall be subject to the approval of the Suffolk County Planning Conmission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. 6 s M G, Neck/c3 v �� Sss•ob'/o'E. - 569 Be "'ll w W � n N + L Wi/Kins on o y � n � d36'IS•10"E. - !3430 N O * P 2 lb k+ 30715- N N36'3l'00'W. - 30T,IB �Q r/,s6'oe'So"W` �TT.B2 H Cox ,� P Burns ✓ J. Bresfer v MAP OF LAND a 6V2 VE yeb \ KARL* SOPHIE- LANZE2 a=Monument nr A2EA Z.088 ACeE5 SOUTHOLD, H.Y. PENN- , r =�. tSLCMMfe'fe�'f0'"A/fler/COA 7}f/a Insurah{a ea --------- _ �""�.:F,.�,��^' -iz�drrtce•.voaYuyG P c. TOWN HAQ6 oR ` LANE c v,,, �^�d.wo.w � ' ' d/es nsrd Land surveyors A�erded JNI Z8 t9T5 Graeeharf, N.Y. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 DEC 12 2006 Tel: (631) 765-4330 Fax: (631) 765-4643 �o[d{BE!Ca SOA.,V of APPEALS December 11, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall PO Box 1179 Southold, NY 11971 Attention: Linda RE: Saundra Perry Lot Line change 1000-63-4-3 & 5.1 Dear Linda: Enclosed please find the following additional documents for the above referenced matter: 1. Original and six copies of the Questionnaire 2. Seven copies of the cover letter and first page of application submitted to the Planning Board on Aug. 29, 2006 If you have any questions,or need anything else,please do not hesitate to contact US. Thank you. Very truly yours, Q Patricia C. Moore By: Margaret Rutkowski /mr Encls. 12/11/2006 13:35 FAX. 631 765 3" MOORE LAW OFFICES 0 005 971 Choir x RICHARID CAGGL4NO4 OFFICE LO(ATION, WILLdAX J.CREMERS � 'Town Hall Annex KENNETH L.EDWARDS �.( � �� 54375 State Route 25 MAiRTIN H.SIDOR (cor. Main Rd.&Youngs Ave,) Southold, NY Telephone:631 765 1938 ]PLANNING BOARD OFFICE Fax: 631165-3136 'T'OWN OF SOUTHOLD Application for Re-Subdivision/Lot kine Modification APPLICATION IS 14ER1-13Y MADE to the Town of Southold Planning Board'-for the proposed RE-SUBDMSION described herein: its�oy ��lDr •r 1. Original Subdivision Name 2. Suffolk County Tax Map# % ?C7— Y v 3. Hamlet So C'i'lAo/c 4. Street Location /Chain Rood) 50447%,1/01 5. Acreage of Site _�fiyf-r�x� log S rf ey L) 6 7 -(3 6. Zoning District 14(3 ,� o 7- Date of Submission 9? `Z/0 i 8• Please provide the tames, addresses and phone numbers for the followillg people: Applicant: Pe4l L/ 6~,41.0.1 L.L . S7�3Q a / 11q 7t Agent: cD ,SO-14fGMO Id AY //q 7/ gvoii:;r aeixtor,Freezer,air conditioTTMg•equipment and Payment within 10 business days aFterthc giving'gf'sucfl ':;�;;• ?' 12/11/2006 13:34 FAX 631 765 3 MOORE LAW OFFICES 1@004 7 f PATRICIA, C. MOOS ,d^ ! r. ,•, Attomey at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 August 29,2006 Ms.Jerri Woodhouse, Chairwoman and Southold Town Planning Board 53095 Main road P.O.Box 1179 Southold,NY 11971 Re: Lot Line Change- Sandy Ground,LLC Saundra PeM SCTM#1000-63-4-5.1 Dear Ms. Woodhouse: The Contract Vendee, Saundra Perry wishes to submit a lot line'change for her existing business property. Ms. Perry is purchasing the adjacent parcel (1000-63-4-5.1) owned by Craig Arm, Brett Kehl and Robert Celetano. She wishes to change the boundary line between the Iwo parcels to coincide with the Zoning Line which presently bisects lot 5.1. Enclosed please find application for lot line change, authorization, Schedule A from the deed, short BAF, $500 application fee, and three copies of the proposed neap for your review. Once the Board has had an opportunity to review the reaps 1 will submit additional copies. If you wish to discuss this further please do not hesitate to contact me. Very truly yours, Patricia C.Moore cc: Ms.Perry w/encl. 12/11/2006 13:33 FAX 631 765 1AL3 MOORE LAW OFFICES 0 001 r PATRICIA C. MOORE /attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 1aAC$IMILE COVER SHEET The pages comprising this facsimile -transmission contain confidential information from Patricia C. Moore. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be av`^r_ that any disclosure, copying, distribution, or use of. the Contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at/-n-�o cost to you. TO: �- F,A,X: / 9©6 7 RE. DATE: ^J J r C!2 (:, TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLZ. i v0%_. CLIENT NAME: OPERATOR: f V r , PATRICIA C. MOORE Attorney at Law Southold,l New York 0 Main a111971 FEB 7 2007 _��0?A Tel. (516)765-4330 �/J� Fax (516)765-4643 7 ,,,MCA 80'AFID or �PPEEALS February 7, 2007 Attn:- Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SANDY GROUND LLC & S. PERRY SCTM# 1000-63-4-3 & 5 . 1 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above and pursuant to your request, enclosed please find the envelope for Hayden & Fleming, which was returned to our office as "not deliverable, moved, not forwardable" . We received this item after the hearing date referenced above. Also, please be advised that the item to Joan Baier, was attempted a second time, after being returned, to the new address and as evidenced by the enclosed search results through the USPS . com, it has not been retrieved from the post office. Thank you. Very my yours, ATRICIA MOORE By BetsF rkins, LA by Encls . i ' • .1 USPS - Track& Confirm Page 1 of 1 MUN/TED STATES TALSERVICEo Home IHeln I '$Iqn In Track&Confirm FAQs `rack & Confirm ra a0 3, Search Results Label/Receipt Number.7192 6463 3110 0000 3165 -, Status, Notice Left Track&Confirm Enter Label/Receipt Number We attempted to deliver your item at 12:02 PM on January 23,2007 in DUDLEY, NC 28333 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed,it will be returned to the sender Information, if available, is updated every evening. Please check again later Notification Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. Goy I POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright C0 1999-2004 USPS.All Rights Reserved Terms of Use Privacy Policy I 'I J http://trkenfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 2/7/2007 til• � o 2 � � 1 � � 1 T 11 T Ail,'; File View Toolbar Help 111nalb@ 14 4 r ►IOU 1473889 Southold Active R/S:`[ School: Southold School , •, - �{ Hayden.Geiraid _.._ Roll Year: 2006,1 Curr Yir :^ Restaurant Land AV, 3,100. ° 57225 Route 25 Land Size,1.07 acres Total AV. 13,100 Owner Total: 2 4,!+] Taxable Value Miscellaneous Name: Gerard°Hayden County: 13.,100 Book:' 12424 AddlAddr. (iA Muni: 13,100 Page: 939 , Street 390 1st Ave < School: 13.100 Mortg: , PO B ox: Bank: City: New York,.NY Zip: 10010- MI Schl after Star: 13,100 ,Acct No: 08 Sale Total: 1 Site,1 of 1 Land 0 o 0 Book Page Sale Date Sale Price. -,Owner Prpcfs: Restaurant 12428 939 11115/05 1,,450,000 Hayden Gerard Nbad Cd:0 , Serer: p Exemption -Total: 0 . Term' Own Building: Section: Total. 0 , Code Amount Year Pct Special District Total: 4 w Value J!i_,I Improvement- ' Total 0 Code Units Pct Type glove Tax t�._3 Type Name Dirril Dim2 SQFT Yr Builk FDO28 -Southold FA .00 .,00 00 _ PK070 Southold Park _00 Qfl OWJRI Double click to open a window imI Lb*"I'., M iy�^�a�. �a�.yr,'t _ . t��rrt�tyrt�t ��nrrs ry��rrri�*a�krittir r7t�u�t�.*a �` File View Toolbar Help 1473889 Southold Active RIS:1 School: 'Southold School Baier�J oan Roll Year: f2OO61 Curr Yr 1 Family Res: -Land AV, 900 —_. 655,Town Harbor Ln Land Size:,0.37 acres Total ASI: 5.500 Owner- Total: 1 Taxable Value Miscellaneous Name; Joan Baier County: 5.500 Book: 12012 Addl Addr. Muni: 5.500 Page: 676 Street: 655 Town Harbor Ln School, 5,500 Mcrtg: PO Box: Bank: 0140189 City: Southold,,NY Zip: 1.1571- . Schl after Star: 4,670 Acct No: 08 Sale . Total 0 Siteil of 1 Land 0 of 0 Book Page Sale Date Sale Price Owner Prpols: - 1 Family Res, ° Nbad Cd:0 Sever: water: . Utilities: ° Exemption Total: I Term Own Building Total: 0 Code Amount Year ` Pot 41854 STAR-BASIC. 830 ,0 0 Special District Total: 4 Value I L Improvement Total: 0 Code Units Pct Type "Mdve Tax' w`Type Name Diml Dim2 SDFT Yr Built FD028 ' Southold FD .00 ..00 .00 PK070 Southold Park 00 .00 00 • . 3 Double click to open a window 4. Restnctea uelrveryr 4.oervux Iypl- PATRICIA C• MOORE ESQ• 51020 MAIN,, ROAD I S ' i + i(Extra i ee) Q yes PERTIFIE® SOUTHO'LD NY 11971 2. Article Number 7192 6463 3110 0000 2915 ® . . . - gnatur d ssee r❑Agent) �� IN IIIIIIIIIIIIIIIIIIIIIIIII B. R ve B ears Prrnt Clearly) ` 7192 6463 3110 0000 2915 C.Date of Delivery 1..Articie Addressed To: D.Addressee's Address(IrolaemntPmmaddmssusedbysended D R D L L C C/O dUDI DESIDERIO 295 KINGS POINT RD STE 1 Secondary-Addressl Suite!-Apt /Floor-(Please Pnnt @leerly) EAST HAMPTON NY 11937 ........................................................ Delivery Address I _.......--.....-- ...... .......... Clty�y Stater .ZIP+4`C.de UNITED STATES POSTAL S1ERg��VICE � LL I Q � Iz RE: S. PERRY ZBA HEARING r PATRICIA C. MOORE ESQ• 51020 MAIN ROAD 1N SOUTHOLD NY 11971 . a SniOlonl�soln0iao0ioi0��'als0 l I • tl i ti PATRICIA C• MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN;ROAD , 1, ! I , „ i t s i(ExtraFee}. }•_Yes: 1 TIRED SOUTHOLD: NY 11971 : s ° ` 2. Article Number 7192 6463 3110 0000 2960 IA. S u (❑Addressee r gent) , -� B. Rec Ive By (Pl ase P Clea ly) 7192 6463 3110 0000 2960 C.Date of Delivery 1. Article Addressed To: 0 \ � 0—b—D I D.Addressee's Address(HD,ffb ntFromAddwssUsedbySende4 KAREN LUN D PO BOX 1896 SOUTHOLD NY 11971 Secondary Address/Suita/Apt !Floor(Please Pr(nt Clearly) I --------------------------------------------------------- I� Delivery Address _ ____________________________________________ __________________________ l`.fty State ZIP+4 Code UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid y USPS Permit No. G-10 co 0 LL " U RE: S- PERRY ZBA HEARING PATRICIA C. MOORE ESQ- ; 51020 MAIN ROAD SOUTHOLD NY 11971 N Il , a m o leeilleeilllelnln�lnellanlll . LL a PATRICIA C• MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) E]Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 2953 . . A. Sidna tura (DAddresseej r❑Agent) III��I I�'II III �I��I I����I��II��II�II�I� B. Receroed (Plea a 7,rt early) �- � 7192 6463 3110 0000 2953 C.Date of Der e�' �$o 1. Article Addressed To: D•Addressee's A dfe s/lID,l7erenr j�1edbysend.d PAUL R & ELIZABETH H BURNS JR 275 TOWN HARBOR LANE s' SOUTHOLD NY 11971 Secondary Address/Sude/`Apl-l-Flotir(Please Pnnf Clearly) ..D---i-ery....................................................................... eliverAddress -------------------------------------------- ------- - City State - ZIP+4 Code i UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS o Permit No. G-10 0 o U) RE: S. PERRY ZBA HEARING 4: 2 j PATRICIA C• MOORE ESQ• 51020 MAIN ROAD SOUTHOLD NY 11971 0 0 , a CO � IIAIIIIIIIIIIIIIIIIIIIIIIIIIIIII o a i I PATRICIA C. MOORE ESQ- 4:Restricted Delivery? 3.service Type 51020 MAIN ROAD (Extra Fee) E]Yes CERT9FIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 2977 o r - Sign t r (O44s(dres ee or�A IIII�I II�II IIII I�III II�IIIIIII�IIII�I III B. Received By �(P//erase Prrnt a I t� 7192 6463 3110 0000 2977 di C.Date of Delivery ®� ticle Addressed To: D.Addressee's Address prolq mntFmmAddress dk GRACE R LEWIS PO BOX 877 SOUTHOLD NY 11971 Secondary Address/Suita!Apt /Fioor(Please Print Clearly) ---------------------------------------------------------------------------------- Delivery Address ............................•-•-----.------. ------- -------------------------•-- Clty State ZIP+4 Code UNITED STATES POSTAL SERVICE First-Class Mail , Postage & Fees Paid ' USPS Permit No. G-10 co LL RE: S• PERRY Z6A HEARING PATRICIA C• MOORE ESQ• 51020 MAIN ROAD l SOUTHOLD NY 11971 o N � ' a 0iu0In�A0li0eo�u��io�llu��l� 0 i LL U •, a � �l PATRICIA C. MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) EjYes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 2939 ® e a s � Sigare (02�A'ddressee or�nt) II�III II'II III I�III I�I��II��III I��I�III B. Received/By . Peds C,�[Lf�rl�i/ Clearly) 7192 6463 3110 0000 2 9 3 9 TT U C.Date of D II ' ��� �� 1. Article Addressed To: Cp ®•AddresseeddrG� re(DlFrom ddbySondod JOHN & I R M A H U T T E R 57128 ROUTE 25 SOUTHOLD NY 11971 Secondary Address 1 Suite 1 Apt /Floor(Please Pnnt Clearly) .................................................................................. Delivery Address --------------------------------------------------- •----------------------.... City State ZIP+4 Code UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 c O LL U � RE: S. PERRY ZBA HEARING � 01 I PATRICIA C• MOORE ESQ• 51020 MAIN ROAD ' SOUTHOLD NY 11971 i N I a a �11110111��II�IIIIIIOIII��Iit�'I , U I a f` PATRICIA C• MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 — 2 Article Number 7192 6463 3110 0000 2908 A. Signature (❑AddreTs ❑AgX eIIIIIillllllllllllllllllllllllllllll I S. R eived By (Plea rent Clearly) i I®� L.. )W192 6463 3110 0000 2908 C.Date of Delivery IMArticle Addressed To: D.Addressee's Address(lfD1ffemntFmmAddmssUsedbySende4 FRANK J• & DONNA M• S C A R O L A PO BOX 101 SOUTHOLD NY 11971 1 Secondary Address!Suite I Apt I Floor(Please Frint Clearly) .................................................................................. Delivery Address ................................................... :.:........................ City State;` ZIP+4 Code UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 co 0 I LL z RE: S• PERRY ZBA HEARING PATRICIA C• MOORE ESQ. 51029 MAIN ROAD i N SOUTHOLD NY 11971 a ° le�allnel9liloilo�oleeollrlselll a , _ II c PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel:(516)765-4330 Fax:. (516)765-4643 January 18, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SANDY GROUND LLC & S. PERRY SCTM# 1000-63-4-3 & 5. 1 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find green certified mail receipt 'cards received as of date . Thank you. Ver truly y s, PATRIC A MOORE By Bets Perkins, LA by Encls . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel. (516)765-4330 Fax..(516)765-4643 January 19, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SANDY GROUND LLC & S. PERRY SCTM# 1000-63-4-3 & 5. 1 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find a returned neighbor letter together with the affidavit of mailing to the new address and certified mail receipt . Thank you. Ver ruly y u s, MOORE MOORE RECEIPT y Bet y erkins, LA 1 7192 6463 3110 0000 3165 1 FROM- Patricia C Moore Esq RE S PERRY ZBA HEARING by +� Enc 1 s . ( SEND TO: II JOAN BAIER 747 MITCHELL ROAD DUDLEY NC 28333 r -� FEES: (Q3 i P eD �, I- ti e J 240 m Receipt 1'85 stncted 4Y I STMARRK O E US?� I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of o AFFIDAVIT SANDY GROUND LLC & S. PERRY OF (Name of Applicant) MAILINGS CTM Parcel #1000-63-4-3 & 5.1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York being duly sworn, depose and say that: On the 19" day of January, 2007, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the,attached Legal Notice in prepaid envelopes addressed to: JOAN BAIER 747 MITCHELL ROAD DUDLEY NC 28333 (Signature) BETSY PE K S Sworn to before me this aq day of January, 20007 (Notary Public) MARGARET C. RUTKOWSIG Notary Public,state of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3,_2_00'7 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. "a PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel. (516)765-4330 Fax:: (516)765-4643 January 10, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SANDY GROUND LLC & S. PERRY SCTM# 1000-63-4-3 & 5. 1 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find Certified mail receipts together with Affidavit of Mailing. Also enclosed is copy of letter to the neighbors . Thank you. /By truly yo rs, ATRICITrMkoins, ORE Bets LA by Encls . 71926RE463 3 RECEIPT RECEIPT 0002908 I RECEIPT 7192 6463 3110 0000 2915 I I 7192 6463 3110 0000 2922 I RECEIPT FROM: I FROM: i FROM I 7192 6463 3110 0000 2939 Patricia C Moore Esq Patricia C Moore Esq RE S PERRY ZBA HEARING i RE S.PERRY ZBA HEARING ` Patricia C Moore Esq FROM: RE 8 PERRY ZBA HEARING � Patricia C Moore Esq ` I RE S PERRY ZBA HEARING SEND TO: SEND TDRD O: i SEND TO: FRANK J &DONNA M SCARO � PO BOX 101 I C/O JUDI DESIDERIO ` GERARD HAYDEN I SEND TO. SOUTHOLD NY 11971 295 KINGS POINT RD STE 1 J CLAUDIA FLEMING J JOHN&IRMA NUTTER EAST HAMPTON NY 11937 390 1 STAVE STE I 57128 ROUTE 25 NEW YORK NY 10010 i SOUTHOLD NY 11971 FEES: I FEES: Postage I FEES: Certfed-Fe 240 I Postage I Postage I FEES. ee 1 j1 y. `.Cert�ed Fee 240 9 039 Ret��e�e 185 I �Retur .Recel 185 I ;,,CertfedFee 240 Postage °estnctAd (� Restricted g Return 039 I •,... � 185 `�Certlfie e i T, L x` 44 TOTAL $�4'� ` TOTpSL ® ��® i R sy�'tF, ° �H®r 1 85 P STMAR�_K OR D I / I / r� G CY) POSTMARK OR DA I P S MARf�`OR DA T �%F 4 C_ '< P STMARISCjOR D Lib �i� j N,o w I ,. - - _ - - - - - ----- I ---- -- - — - ---- - --"} I -- ---- -Y -----j RECEIPT I RECEIPT 7192 6463 3110 000 2946 I 7192 6463 3110 0000 2953 I I RECEIPT I I 1 i FROM: i FROM 71 92 6463 3110 0000 2960 RECEIPT 7192 6463 3110 0000 2977 Palma C. Moore Esq I Patricia C Moore Esq FROM- I FROM RE:S.PERRY ZBA HEARING I RE S PERRY ZBA HEARING I Patricia C Moore EsI i q Patricia C RE S PERRY ZBAHEARING I f RE S PERRY ZBA HEARING SEND TO: SEND TO. I I I JOAN BAIER I PAUL R&ELIZABETH H BURN I SEND To I SEND To- SOUTHOLD TOWN HARBOR LANE I 275 TOWN HARBOR LANE SOUTHOLD NY 11971 i SOUTHOLD NY 11971 I PO BOX 1896 GRACE R LEWIS I SOUTHOLDI NY 11971 �. PO BOX 877 I i FEES: FEES: SOUTHOLD NY 11971 I I � I J Postage 0.39 I Postage o 39 I I FEES I FEES Cerld�ed Flo., 2.40 Certified Fee RetGm Relp�t, 185 I Return Receipt 1 85 Postage I 7 ,N Certified Fee 0 39 Postage 0 39 7fR I 240 Cert�g tie I ® Restr�Gte Return I( Bec6 p 1 85 Retur Recti t 240 TO 64 T07'i4L�( � Restncle (� r '� o 1 i r 64 I / — "y I I �R s ictedr q�r 1 a5 TOTAL I LPOSTMARK OR ATE I PO TMARK OR 7 I j _ �4'• 4 I T TAL �cn < x I POSTMARK OR D POST .`4.64 o I C s� C I MARK O =D TE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT SANDY GROUND LLC & S. PERRY OF (Name of Applicant) MAILINGS CTM Parcel #1'000-63-4-3.& 5.1 -------------------------------------------------x COUNTY OF SUFFOLK) , STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn; depose . and say that: ' • On the , day of January, 2007, 1 personally mailed at the United States Post Office in Southold, 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 ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signatu e) BETSY K NS Sworn to before me this 107-' day of January, 2007 —12 (Nbtary Public MAR ABET C. RUTKOWSKI Notary Public,State of New York No. 4982528 ' Qualified in SuffolkCou Commission Expires,June 3,' 00'7 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. f SANDY GROUND LLC AND S. PERRY MAILING LIST 1000-63-4-3 AND 5.1 57190 MAIN ROAD AND PRIVATE RIGHT OF WAY FRANK J. & DONNA M. SCAROLA PAUL R & ELIZA ETH H BURNS JR PO BOX 101 '275 TOWN HARBO LA SOUTHOLD NY 11�97� SOUTHOLD NY 11971 SCTM: 1000-63-3-18.1 SCTM: 1000-63-4-6 KAREN LUND DRD LLC °`�'� PO BOX 1896 C/O JUDI DESIDERIO SOUTHOLD NY 11971 295 KINGS POINT RD STE 1 SCTM: 1000-63-4-2 EAST HAMPTON NY 11937 SCTM: 1000-63-3-19.1 GRACE R LEWIS---,,, PO BOX 877 SOUTHOLD NY 11971 GERARD HAYDEN SCTM: 1000-63-4-4 CLAUDIA FLEMING 390 1 ST AVE. STE 13A NEW YORK NY 10010 SCTM: 1000-63-3-21 .5 JOHN & IRMA HUTTER 57128 ROUTE 25 e SOUTHOLD NY 11971 SCTM: 1000-63-4-5.2 JOAN BAIER 655 TOWN HARBOR LANE SOUTHOLD NY 11971 SCTM; 1000-63-4-8 PATRICIA C. MOORE Attorney at Law 51020 Main Road ` Southold,New York 11971 Tel: (631)765-4330 OO p M Fax: (631)765-4643 lJ January 9, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: SANDY GROUND LLC & S. PERRY PROPERTY ADDRESS: 57190 MAIN RD. , & PRIVATE RIGHT OF WAY, SOUTHOLD, NEW YORK SCTM: 1000-63-4-3 & 5 . 1 Dear Neighbor: I represent Saundra Perry with regard to her property located at Main Road, Southold, New York. She has submitted a request for a variance for a lot line change in order to separate the business parcel from the residential parcel . In addition, the lot line change will provide additional parking for her Physical Therapy office. A copy of the legal Notice is enclosed together with a copy of the pertinent portion of the survey. The complete survey is available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, JANUARY 25, 2007 AT 10 : 15 A.M. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . V ry truly yours, p G( OGA-Q, Patricia C. Moore PCM/b� encls . c : Saundra Perry 01108/2007 14:16 6317659064 ZBA PAGE 02 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 25,2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY,JANUARY 25,2007: 10:15 A.M. SANDY GROUND LLC and S. PERRY 95992. Request for a Variance under Section 28018 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant's submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The proposed lot line change will Increase the improved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right�of way to Parcel 2), and will reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of the parcels). Location of Property: 57190 Main Road (S.R. 25) and private right-of� way extending 244.19 feet from the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. 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: January 8, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR.,CHAIRMAN 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 Rte 25 EL.23 6' .w11 ?,ONO EL.25.2' A1'~ EL 24.5' 156.82' 92.g8� NN '?��E N75.g3'2t)"E N25.43 `o 16.16 N75.43r20 E s-? 60.00I EL.26.3' N $� sa KEY MA, o• SCALE: N 2 STY. FR. b BLDNG P. 1o01 4� o_ O� n A ASPHALT PARKING EL.25.5' M� N'0"53 00 Ova Vol 7 0VD •ip EL.26.0' SZ Q+. �o PARCELS 1 -A, AREA — 29,088 SQ.FT 0, ;�, -zo�iNc 015 LINE TONING 140' op, � F FV 7-E �LA�• 2o N7 5 .43� "E NEW X01 UNE Q R40 : pISTRICT w,\ ZONING `y. `� ro �• Ad 9�� \ PARCEL' 2 0 AREA 31,377' SO.FT o \ s�-DQE •per o g�o0 "u1 /FE 04' L 4 Eond on the ��.o6 vs Ay 7 ore FE 0 2'E y� 9'24. d from others. EL. � N �yJ 77ONS r'lF MEYOR I r PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel.(516)765-4330 Fax..(516)765-4643 January 24 , 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SANDY GROUND LLC & S. PERRY SCTM# 1000-63-4-3 & 5. 1 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find Affidavit of Posting. Thank you. Very t my ours, ATRICIA C RE y Betsy er ' s, LA by Encls . J" x ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SANDY GROUND LLC & S. PERRY SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-63-4-3 & 5.1 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the 12th day of January, 2007, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the '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 the date of the subject hearing date, which-hearing date was shown to be Thursday, January 25, 2007. SwoLn to before me this 2y of January, 2007. ;Notary ,(;. yAPERKINS }may Public.State o1 New Yak No.01PE 8130638 Qualified m Suffolk county Co ��'� Commission Expires July 19�.,,�� rr9 *near the entrance or driveway entrance of the property, as, the area most visible to passersby. OFFICE OF ZONING BOARD OFAPPEALS 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 httaJ/southoldtown northfork net Email: Linda.Kowalskl Town Southold nv us Jayne.Ma line Town Southold nv_us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 66t;t MEMO TO: 7Go'7- 5x643 DATE: //$/p 7 ZONING BOARD OF APPEAL-- MAILING PPEAL_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 J website: http://southtown.northfork.net January 2, 2007 Re: Town Code Chapter 58 — Public Notices for Thursday, January 25, 2007 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 January 10tH: f 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 January 12th' 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 January 16th: 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. NUkm�TIE urHEARI,, 4o The following application will be heard by the' Southold Town 133ard of Appeals at Town Hall , 53095 Main Road, Southold: . ' AME : SANDY GROUND LLS ( PERRY) FIAP # EN 63-4-3 and 5 . 1 #5992 APPEAL : Lot Line Change REQUEST: Lot Size Variance DATE : THURSDAY, Jan . 25 , 70 : 75 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . _ONING BOARD -TOWN OF SOUTHOLD 765- 1809 Fn a.... Town of Southold ZBA SE 0 App. Name 0 Tax Ma (i) File No. Cl II Q, '! , I Board Member, James Din' 00 s is Unliste Search: ` i Hearing Time: 1,0 Other 161-4-51 File Number- Tax Map: 1,App.,Name: PERRY, Saundra &Sandy Ground LLC Received Date: 21812006 Tot, Fees:. 400.00 Date forwarded to Town Clerk 12/8/2006 HamletIsouthold pe Zone, HB-1140 J 'buildina Dept. Status Action Meeting Dates 1; Ivieetil Location 57190 Main Road....... ng Date ND Date TShort Lot line change; lot reduction parcel 2 Hearing Date ND Date. besc. Hearing Date ND-Date copy, Hearing Datd. `ND,bate Hearing Date - ND Date FO"irA 5674 (1975) Notes Hearing-Date ND Date Action Date: = ND Date ....... ... . ... ..... 12'/8%2006 .1:24 PM CAPS ' NUM, ' Developed _ky,,the'Sbuthold Town Data Processing,Pepprtmentj ............ . ? 12/08/2006 12:47 FAX. 631 765 4643 MOORE LAN OFFICES 2001 PATRICIA C. MOORF- Attorney at Law 51020 Main Road Southold,Now York 11971 Tel:(631)765-4330 Fac: (631)765-4643 December 8,2006 Zoning Board of Appeals Ruth Oliva, Chairwoman Town of Soudiold Maim Road PO Box 1179 Southold NY 11971 , RE: SAUNDRA PERRY TAT LINE CHANGE SCTM: 1000-63-4-3 & 5.1 ( \ Dear Chairwoman and Board members: I In furtherance of any letter to you yesterday,please be advised that I found a Zoning Board appeal granted in 1975 for a variance and 280A for the parcel owned by Lamer, who Chen conveyed to Hutter. Copies are attached. This should resolve the Board's questions and our application should now proceed. Thank you. i Very truly you s, LPatricia C. Moore PCM/bp .' encls. C: Saundra Pei ry 12/08/2006 12:48 FAX 631 765 4643 MOORE LAW OFFICES IA002 • - ; Southold Town Board of Appeals SOUTHOL D, L. L, N. Y: 11371 Telephone 765-2660 APPEAL BOARD MEMBER Robert W. Glliispie,Jr.,Chairman Robert Scrgen Charles Grigonis,Jr. " Serge Doyen, Jr. I Fred Hulse,Jr. MZNV T•E S Southold Torn Board of Appeals September 25, 1975 A regular meeting of the Southold 'town Board of•Appeals was held at 7:30 P.N, (E:D.S.T.) , Thursday, September 25, 1975, at the 'down offic&, Main Road, Southold', New York. There wexe present: Messrs: Robert W. Gillispie, Jr. , Chairman; Robert Bergen; Charles Grigonis, Jr. ; Fred Hulse, Jr. ; ~ Serge Doye><a, Jr. Also present: Steve Katz, Long Island Traveler Mattituck Watchman; Mr. William Y. Terry, Jr. PUBLIC HEARXNG: Appeal No. 2074 - 7.30- P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Karl & Sophie Lanz6r, 27 Sunny Road, St. James, New York fora variance in accordance with the- Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Section 280A Town Law, for permission to divide properly with reduced frontage on Main Road, and for- approval of access to one lot— Location of. propex.ty: south ; side Main Road, Southold, New York, bounded on the, north by ' Main Road (Route 25) & L. Wilkinson; east by G. Nickles; south . by F. Wbodwatd; west' by Cox, Burns, Brester. Fee paid $15.00. The Chalrwan opened the hearing by reading the application .."Y," for, a variance, legal notice of hearing, affidavits attesting - _ to its publication in the official newspapers, and notice to Y the applicant. 12/08/2006 12:48 FAX 631 765 4643 MOORE LAW OFFICES 0 003 Southold Town Board of Appeals -2- September 25, 1975 THE CHAXRMAN: The survey indicates that the lot runs South from Main Road, 244.19 feet east of Town Harbor Road and the proposed division would create two lots, one -of which would be 49,972 sq. ft: and the other would be 41,000 sq. ft. A right. of way 'would be created for the 'entire length ,of the* road lot. The width of lots is approximately 145 feet at the center and 80 feet on the Mair: Road, as you go into the property from Main Road. THE CHAIRMAN: is there anyone present who wishes to speak for this application? RICHARD LARK, ESQ. : You have pretty well stated the case. it is primakily an application under, 280A of Town Taw. I have nothing more to add, the application is self--explanatory. Mr: and Mrs. Lanzer'are here to answer any questions the Board might wish to ask. THE CHAIRMAN: ,Axe you going to ,sell one of these' lots? MR: LANZER: Each lot will have a one family dwelling. We will build on the first lot. MR. BERGEN: Who is going to maintain the right of way? THE CHAIRMAN: It will be a part of' your_ property. MR; L?kNZER.: I will maintain it. MIZ. LARX: That's the way it's set up; Van Tuyl set it up. Any home would be set back at the width of the lot. They will maintain the Tright of way. TKrE CHAIRMAN: The right of way will have to be improved by the removal of topsoil which will be replaced by bankrun and approved by the Building inspector. It will have to be i cleared to a width of 15 feet for the passage of emergency vehicles. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? ' (There was no response,) After investigation and inspection the Board finds that applicant requests permission to divide property with reduced frontage on Main Road, and also requests approval of aocess to i interior lot. The Board finds that the property consists of more than: two acres, After the proposed division each lot would have more than 40,000 sq, ft. Adjoining lots on the west are smaller than the proposed lots. The Board agrees i with the reasoning of the applicant. i { 12/08/2006 12:48 FAX. 631 765 4643 HOORE LAW OFFICES 11004 Southold Town Board of Appeals -3- September 25, 1975 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all propextxes alike in the immediate vicinity 'of this property and in•tfie same .use district; and the,variance will not change the chara.oter_ of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Karl & Sophie Lanzer, 27 Sunny Road, St. James, N. Y. be •GMNTED permission to divide property on Main Road, Southold, New York, as applied for; .and be Gk_ANTED approval of access to lot which does not front on a public highway, subjeat' to the following conditions: 1.. That topsoil be removed from the right of way and replaced with bankrun to a width of 15 feet to insure the passage of emergency vehicles. 2. The granting of this variance by the Southold Town Board of Appeals shall be subject to the approval of the Suffolk County Planning Commission. Vote of the Board: Ayes:-- Messrs: Gillispie, Bergen, ! Gri yonis, Doren. PUBLIC HEARING: Appeal No. 2075 - 7:45 B.M. upon application of Herbert W. Wells, Jr. , Wells Pontiac-' Cadillac Inc. , Route 25, Peconic, 'New York for a special ex- ception in accordance with the Zoning Ordinance, Articles VI and 111, Section 100--60 C (3) and 100-30-C (6) (f) for per- mission to erect second ground sign. Location of property: i Route 25, Peconic, New York, bounded on the north by L. Gozelski; east by L. Gozelski; south by Main Road (Route 25) ; west by Peconi.c Lane. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CRAIRKAN: We have talked to Mr. Wells and persuaded him that the Board would not be amenable to a second ground . sign. I 12/(.18/2006 12:49 FAX 631 765 IRd3 MOORE LAV OFFICES R005 C30-6G? 0.ne, RAC ' w•yG•OJ (7 O! aS 9 n b � Z A to••C 000 r 'I•I K 4 y V i m N J td 111 men W Q i u � � s e NFST .,D•m r T•9e.9000 t ,ek a ar•—�1 tea, w J a o it—all earl AM I � S 2 n 178.1 +Mr l•^.�W Io wl PrP c ' N,Go•5a'e7E mSLr I:t Y7 dA \ \ \ b YI � �7 i• �� R Ir KWE� .mm .•E - s,— p� � yy U Ea_� LOCAf1ON OF WATOR MAIN!;AMD ti ADlOINFRo WA"Ell oTQU PA I s "•""� �u 0Tne115 AND ARF NOT amANYeEU EM Id r non ELE V6TI0No ARE FR014 TME FcVaGF WoR RS STUOIES FI•Jc LA DTLRN TOWNS SUFr0LR COUNTY MAR FF-3m, II-6•.4000 .1 RRC1sd91Mlm of Ag7tt cf Y,;.,••7•^"r.•rents i p'(ERmTd,tf Rrry�no:tStr„:.: .. .'••d 11.D111 SDITVLY\ET R9AR STK v7 TT-at-:CW FODNPATION LOCATES `J-t11-:CDO SNOW VN01'WATERS Iec Loi ARE4:40,797 FILE nr_n ,I qmF �rvwen lwt Oo ND DO-2-17 FILO NO SDYD iYJ�\ me w'.0 u,r 11rw,Mv��10r"!2 SUI—ILD IUP JONTIfIP MA NUTYER ` li`�• t 2 n - `VAt. .ITunleMnl sournol n ' IGWN W SOUTN01.0,.UFFOLN COUNT*.NY. T.7. I 'YaJY�Fp�,. ••�i::i 1.• �."�'�.. .:`1 .5'.4,` vAll 1- - 40' DAICrILCO T.\?•A000 \///��^�� /� O� OA'A7 rl� '9(v 24.17 —J.P NO t000G7.9•�:DAM IRP Ow"1 o16t1 R, ► V 0oA0AN Tlro 0%LI TO V V Pm0{T� �q{ mtlol. ALM urrert nAROIb T TRAm mate in,PC. V wgre, 1%F:'WMK CWPh NATOtAL 11AW ,AND^U%YL'YOR 10511 WAOINO kIVER-NANIIR R0.WAOI MI•NIOCR, 1!, .l( F r 1. N5W TORE.I ITD2 NAn01L F.7MXPION JR. Nmulx.NO,u O�•C ele 72D•aSDS - ^-. .l Office Location: ®� ® Mailing Address: Town Annex/First Floor,North Fork Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 REPLY DATE: December 7,2006 TO: Patricia C. Moore, Esq. Also by Fax Transmission 765- 51020 Main Road Southold, NY 11971 ZBA Ref: 1000-63-4-3, 5.1 (Perry Premises, Main Road, Southold) Date of Building Inspector Notice of Disapproval: (none applied for by applicant) .a,,-� A-d ��✓ ( X ) The application is incomplete for the reasons noted belowXPlease furnish seven (7) sets when possible. ( )The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (X ) Missing information —Please see attached sheet. OTHER/INFORMATION REQUESTED,when possible (7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details,with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. :Q Thank you. Attachment to Incomplete Form Date: Ar . 7 0J-00 4 To: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Town CTM Ref#63-4-5.1 and 3 (S. Perry Property) Date of Building Inspector Notice of Disapproval: (not obtained by applicant) ( x ) The map submitted does not show any record of town approval for CTM Numbers 63-4-3, 5.1 or 5.1. The adjacent landlocked parcel CTM 63-4-5.2 appears to be split from 5.1 without record of Town subdivision approval or any approval under Section 280-9 of the Zoning Code to recognize CTM 5.1 as a separate building lot. The application may be filed with references as a subdivision rather than a lot- line change, and clarification of how 5.2 was created under Section 280-9 is requested, or also shown on the map for consideration by the Town Department(s). r� L/ /to !/a�.c �z� Cr Q�'lJ C ttp-'7- OFFICE OF �\ ZONING BOARD OFAPPEALS Offlce 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 _htta://southoldtown.northfQrk net Email: Linda.KowalskiCa Town Southold nous Jayne.Marhnna Town Southold nv us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: DATE: RE: J °L D� G 9, :f o��