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HomeMy WebLinkAbout6107 APPEALS BOARD MEMBERS* �pF S0 • Mailing Address: Gerard P. Goehringer, Chairman �0� Olo Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio, Jr. • Office Location: Michael A. Simon O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �'�MUNT1,�� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS EC IVED d' TOWN OF SOUTHOLD �; G Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerl MEETING OF MARCH 13, 2008 ZBA# 6107 - THOMAS AND MARGARET NOONE Property Location: Westerly side of Sigsbee Road, commencing approximately 210 feet south of the Main Road, Mattituck; Map of Mattituck Park Properties; CTM 143-1-4.1 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a reply dated January 31, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application is exempt under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. PROPERTY FACTS/DESCRIPTION: This is a 21,000 square foot lot in the Residential R-40 District. There is a two-story home with separate garage on the property which is on the north side of the property directly behind commercial properties. BASIS OF APPLICATION: Zoning Code Section 280-18 (Bulk Schedule), based on the Building Inspector's October 30, 2007 amended Notice of Disapproval concerning two lots proposed with an area of less than 40,000 square feet in and less than 150 feet of width (frontage) and less than 175 feet of depth in this R-40 Low-Density Residential Zone District. FINDINGS OF FACT Page 2—March 13, 2008 • • ZBA#6107—Application of T. and M. Noone CTM 143-1-4.1 The Zoning Board of Appeals held a public hearing on this application on February 28, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to obtain lot size variances in order to subdivide this parcel into two parcels. This was the original Mattituck Park Properties subdivision and was subdivided into three lots. These three lots were merged in 1983 under the zoning requirements in effect. The applicants have recently gone to the Planning Board for a subdivision, but their lots have insufficient area and they were told to go to the ZBA for area variances. The proposed two-lot subdivision on a non-conforming 21,000 square foot lot in the Residential District R-40 is not permitted pursuant to Article IV, Section 280-18 which states, "No building or premises shall be used and no building or part of Thereof shall be erected or altered in the Low-Density, Residential R-40 District unless the same conforms to the Requirements of the Bulk Schedule and of the parking Schedule with the same force and effect as if such regulations were set forth herein in full. Bulk Schedule requires a minimum lot size of 40,000 square feet. Following the proposed subdivision, each of the lots will be non-conforming at +/- 10,500 square feet. The improved parcel would be (4 and 11/2 of 5) 10,496 square feet and the vacant southerly lot (6 and %2 of 5) would be 10,510 square feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, material submitted and personal inspections the Board makes the following findings: 1. Town Law 4267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. All the lots on Sigsbee Road are almost the size as proposed of the Noone property. There is commercial property to the North of Sigsbee Road. The south side of the property is open without any structures. 2. Town Law &267-b(3)(b)(2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. There is no other land available, and the entire parcel is already nonconforming with a approximately 10,496 square feet and 10.500 square feet. 3. Town Law &267-b(3)(b)(3). The variance granted is substantial. The Code requires a minimum lot size in this R-40 zone of 40,000 square feet. These lots are only about 10,000 square feet. There are many areas in Southold Town that were developed before there was any zoning or regulations. 4. Town Law &267-b(3)(b)(5). The difficulty has not been self created. The owners had three lots created on the development map of Lots 4, 5 and 6, Amended Map of Mattituck Park Properties, Inc. filed in the county Clerk's Office January 12, 1926, Page 3—March 13, 2008 • 0 ZBA#6107—Application of T. and M. Noone CTM 143-1-4.1 File #801, and which lot creation was completed prior to the change of zoning and start of 40,000 sq. ft. minimum lot size zoning and substandard size lot mergers. The property is located in the R-40 Zone District, and the applicants wish to create a second lot which is less than the R-40 minimum size requirement of 40,000 square feet, and if the area variance is allowed, would follow subdivision code procedures instead of the code procedure for a Lot Waiver. The owners testified they were not aware of effects of the Code at the time the three lots were merged. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to apply to the Planning Board under the subdivisions procedures for a subdivision. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to Grant the variance, as applied for, as shown on the surveyor map of Sidney B. Bowne & Son altered by hand and date-stamped by ZBA January 2, 2008. 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 increas of nonconformity. Vote of the Board: Ayes: Me ers Goehringer hai an), Oliva, mon and Weisman. Absent was: Member Dinizio. This R oluti w y ted (4-0). / f PERAR D P. GOEHRINGER, C 3/w /2008 Approved for Filing APPEALS BOARD MEMBERS �r3F sorry Mailing Address: Gerard P. Goehringer, Chairman �p`� O� Southold Town Hall y 53095 Main Road•P.O. Box 1179 Ruth D. Oliva T Southold,NY 11971-0959 James Dinizio,Jr. co • Office Location: Michael A. SimonO ,,ate Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �UMV,� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631) 765-9064 March 21, 2008 By Regular Mail and Fax Transmission Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZB 6N�r—e: A#6107 —Application for Thomas and Margaret Noone (Variance) Dear M Transmitted for your records is a copy of the Board's March 13, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to continue with your application before the Town Planning Board and other agencies regarding this proposed division of land. A copy of the enclosed determination was forwarded today as an update to the Building Inspector's recent Notice of Disapproval and also to the Planning Board for their file information. If you have any questions, please call. Very truly yours, Linda Kowalski Encl. Copies of Decision to: Building Department Planning Board Town Clerk (Original for filing) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: 631 765-4330 Fax: 631) 765-4643 January 4 , 2008 Southold Town Zoning Board of Appeals Chairman Dinizio, and Board Main Road Z Southold, NY 11971By Hand Re : Thomas and Margaret Noone ZBA Ref#6107 Dear Mr . Dinizio and Board: In response to the letter dated January 2 , 2008 enclosed please find following : 1 . We wish to appeal an amended notice of disapproval dated October 30 , 2007 . I was not aware that the notice of disapproval had been amended and thank you for bringing it to my attention. 2 . The October 30th notice of disapproval supercedes the October 1 , 2007 notice, please apply my arguments to the amended notice . I have attached 7 copies of the amended notice of disapproval with this letter . 3 . I have calculated the area of each lot from the information on the filed map . We wish to subdivide merged lots 4 , 5 and 6 on a map known as "Map of Mattituck Park Properties Inc" . Lot 4 which has the house is 50 ' x 139 . 91 along the north and 140 . 05 alon the south (6 , 995 . 5 sq. ft . ) ; Lot 5 is 50 ' x 140 .5 along the, north and 140 . 19 along the south (7 , 002 . 5 sa ft . ) , this lot would be split in half ; Lot 6 is 50 ' x 140 . 19 along the north and 540 . 33 along the south (7 , 009 . 50 sq. ft . ) . I have attached the relevant section of the subdivision map . Proposed improved parcel (4 & M of ,5 is 10 , 496 . 75 sq. ft . , the exact square footage can not be verified until a new survey is prepared . Proposed vacant parcel (6 & % of 5) is 10 , 510 . 75 sq. ft . , the exact square footage can not be verified until a new survey is prepared. I have attached the original survey of lot 6 for your file . The zoning is R-40 therefore we seek a 73 . 75% variance for the improved parcel and 73 . 72% variance for the vacant parcel . We recognize that these are substantial variances , however, the proposed lots are in character with the neighborhood. The subject parcel is presently three times the size of many of the pparcels in this neighborhood. The west side of Si sbee Road is developed with double lots (14 , 000 sq. ft . ) while he east side is on the original filed lots (6 , 900 sg ft parcels) . The house was developed on the 6 , 995 . 5 square toot lot (Lot 4 ) . Also, the conditions of the applicant ' sroperty has adversely changed with the development of adjaceJ commercial properties . The owner has suffered from this commercial development and wishes to recoup some of their life ' s investment for themselves and their family. Thank you for your continued courtesies . Very- y yours , ricia C . Moore cc : Mr and Mrs . Noone Al 161 01/02/2008 16: 45 — 6317659064 ZONINGBDOFAPPEAlq PAGE 02/02 xx'+ FORM No. 3 dQ wc.0� t.10 NOTICE OF DISAPPROVAL ��'` ° � DA'T'E: October 2007 ��" A.MPNAED: October 30,2007 10: Thomas&Margaret Noone 210 Sigsbee Road Mattituck,NX 11952 Please take notice.that your application dated September 19, 2007 For permit for sjtbdivision at JAN � 1W e 210 Si sbee Road.Matti 11Y Location of property BOARD OF APPEALS County Tax Map No. 1000 - Section 143 Block l Lot a.l Is returned herewith and disapproved on the following grotmds; Thero se -lot subdiv�uant n Article f Sen 21000 80 s whibot ttlotn the Resl a tial R-40 istrict is not ermtttei "Nob '/din or ree} ntia 11.b4 District noe s the same cobform to�elr e u remen s oftete_in e Low-Dens Bul Schedule and of the Parkin Se edule with the same fo c and effect as ' s ah ze ldatton9 were set forth he BulkSchedule re uires am i of sl ze of4 00 s uare et. Follo e m os subdivision each of the lots will be on-conformin at+/- 10 500 s ware feet in total s` e. Board. 1n addition the ro osed subdivision reguires a roval m the Southold Town. lannar► his mice of Disa roval was ritten based on a 36ry dented '2116/83 b Sidm )3. r0*vn LS and amended on October 30 2007 based on an amended sure received b t e buildin de artment October 30 2007• utfifiorize ignature Cc_'61e,Z.B.A., 1'1annini;. a k " v L��ti��ica�e� cD irtleyf2 ? OF APPEALS �4k r A4 Olk F �� 'F �. ;C,.'�A°'',, r �t Y qs4 f gr H e�, N 7gy 7k F ""� E 1,x4 / a r ♦6 w�� �Y��C� rt �. f,' � �� �� Q Stj k t%' 7. / 4'7..17✓ : ::i /��.�✓q a �. s /+ -r oil q7V1 I '170 7 Y n fry Off! lot LL nof �n ]rte xx' In d a ay�wi jf H f' i � f - �,`("' ]4 r P + Y x aux 45x* xln'. yi j�i #r1 '�rxk ' �. { ,^� xPy� ks"'�k ert#, a uf4 "x^B 3 ? H ) hE v C ,z r I - ;���ttq? x'ra y� sI � , w � I� —Y, — �1 y •.. 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I x a F F I Y /07_i Ilei J 4'r' 7� I �^ Z�,. vlV L / r ,,;�gkd^' _ rs'Li,F ^s'.; { ri vtW .k .'E as v ,iw•set"`� x Ik ;'�'�.�Rk ,?�!'`t�l' .. � �k'n x. "r�ri. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA S NOV - g 2007 LIe:$ Filed By: Date Assigned/Assignment No. AR F APPFA4S ce Notes: House No. 210 Street Siesbee Road Hamlet Mattituck SCTM 1000 Section 143 Block 1 Lot(s) 4.1 Lot Size_21.000�sq.ft.Zone r-40 I(WE HE ETERMINATION OF THE BUILDING INSPECTOR DAT D October 1 2007 ntf4 BASED ON MAP DATED Dec. 16, 1983. Applicant(s)/Owner(s): Thomas&Marearet Noone Mailing Address: 210 Sigsbee Road,Mattituck NY 11952 Telephone: 298-4059 Fax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq for(X ) Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone 631-765-4330 Fax#: 631-765-4643 Email: PCMOORElna optonline.net Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 12/16/83 and DENIED AN APPLICATION DATED Seo 19,2007 FOR: 4 Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IV Section 280- 18 Subsection Type of Appeal. An Appeal is made for: improved lot 75' x 139'.91" A Variance to the Zoning Code or Zoning Map. Vacant lot 75' x 140'.33" 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal 0 has, 0 has not been made at any time with respect to this nrooerty.UNDER Appeal No._Year . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBA File# REASONS FOR APPEAL(additional sheets may be used with Preparer's stenature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: Family owned three lots on Sigsbee Road which merged without their knowledge or consent. The existing home is on the northerly lot(lot 4). The family now has their home in front of CVS Pharmacy and they wish to split the lot for their children. Sigsbee Road contains primarily developed lots on nonconforming properties in the subdivision known as"Mattituck Park Properties Inc,filed map dated January 12,1926. The subject parcel was developed with a home and garage on the most northerly lot (lot 4 on the subdivision)and lot 5 and 6 remain undeveloped. A small 8' x 8' temporary shed will be relocated. The proposed subdivision would create two lots which conform to the size of the lots on Sigsbee Road. There are a few merged parcels of two lots which have built out with oversized homes. No other lot has had three lots merge. A merger of three lots creates an oversized parcel,larger then any other lot on Sigsbee 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,because: Mrs Noone's parents (Hale) purchased Lot 4 and Lot 5 in 1945. In the 1962 Mrs. Noone's parents purchased Lot 6. These lots retained separate tax lot numbers. In 1984 Thomas and Margaret Noone purchased all three lots from her mother. They intended to keep the lots separate for their children. Thereafter properties were merged by the Town without their knowledge or consent. When Mrs Noone's mother purchased the property it was very residential,they lived next to woods,Dickerson's Marine was not developed, CVS was not developed. Now their property is adversely impacted by the commercial development. They were not aware that the lots had to be kept in separate names and their attorney was not local. Waiver of Merger is no longer available,therefore,subdivision of the lots which split the lots evenly makes each parcels more conforming to the neighborhood. (3) The amount of relief requested is not substantial because: The lots are nonconforming and the subdivision will create a nonconforming lot. However,this property was significantly impacted by the commercial development of CVS. The CVS entrance is in front of their residence and they suffer from the noise and car traffic comming in and out of CVS. The subdivision will preserve some value to the lots. 0 • (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Sigsbee Road contains preexisting nonconforming lots. This lot was three lots and is proposed to be only two lots. (5) Has the alleged difficulty been self-created? (x)Yes,or ( )No. Lots unintentionally merged by Town. Are there Covenants and Restrictions concerning this land: E No. ❑ Yes(please furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to co your Si e of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day of AZOV, 2,0f�. MARGARET C. RUTKOWSIG Notary Pubiio,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, 0 S'; * COUNTY OF SUFFOLO r STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP RR OF PLANNING January 31, 2008 C'ejve—D z-e� FEB 1 1 2008 Town of Southold Plam4ng-B4- 610 53095 Main Rd.-P.O. Box 1179 Zp Southold,NY 11971 NTNp BpARO pp AppEAI s Re: Noone(Thomas&Margaret) Suffolk County Tax Map#: 1000-143-14.1 Suffolk County Planning File#: S-SD-08-01 Dear Sir: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. t Sincerely, Thomas Isles, AICP Director of Planning FLa� --7,, ZQO8 S/s Theodore R. Klein F Senior Planner J . TRK:CC LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 . (631(853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631(853-4044 Li a m� MAILING ADDRESS: PLANN V O yR1* P.O.Box 1179 S JERILYN B.WOODHOUSE ����Of v�ryo� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS T Town Hall Annex MARTIN H.SIDOR H AMC 54375 State Route 25 GEORGE D.SOLOMON • �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCOU,M'� Southold, NY n 11 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM FEB 27 BOARD OF APPEALS To: Gerard P. Goehringer, Chair, Zoning Board of Appeals Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chair Members of the Planning Boar Date: February 27, 2008 Re: Noone, S.C.T.M.# 1000-143.4-4.1 The Planning Board is in receipt your request for comments regarding the applicant's proposal to subdivide this property, creating two lots that do not meet the minimum lot size for the district. While the Planning Board does not generally support creating non-conforming lots of less than the minimum lot size requirement, we understand the property was comprised of three smaller lots in the past, and that the family owning the lots inadvertently allowed the lots to merge. These facts, together with the character of the immediate neighborhood with similar size lots, give the Planning Board reason to support the granting of the variance for dividing the merged lot into two lots as proposed. If you have any questions, or need additional information,please contact the Planning Department. TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT - Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Storm-Water Assessment Form Contact: Approved 20_ ZBug Mail to: Disapproved a/c ne: Expiration ,20 Zr 6' APPLICATION FOR BUILDING PERMIT SFP 9 ; Date - L 20 INSTRUCTIONS -phis application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) if, 171'Arrr (Mailing.addressofapplicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises Z/dM ds, 4 ga j t. 4sec-6 re�-r _l/GOPl/ , (As on the troll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work ��ork will be done: .� 1< ID S i ct-, �¢ e Oc�d kc fe House Number 'Street Hamlet County Tax Map No. 1000 Section �$loak ;.,,,. I Lot C¢ l Subdivision WIMP c Lot (Name) �.c�..iti ina 9+�g.1 Bei+r,�nrr.a0 2. State existing use and occupancy of premises and intended.use and-occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work S%�� Aft Cx�r�.a,'� a) 4. Estimated Cost Fee (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front 41 Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front A4 Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner L:,471Z—�' aZdf/ 11. Zone or use district in which premises are situated ICF-5j Dr,(1"i��. 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES_NOWill ex ess fill be removed from premises? YES_NO--X- A. 14. Names of Owner ofpremises /' G-off !/ ,_ I�ddress � 4� Phone No. v7 d Name of Architect ddress hone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO .-X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO X.. * IF YES, PROVIDE A COPY. STATE OF NEW YORK) S: COUNT//Y�� OF�J'I"' '/� �N being duly sworn, deposes and says that (s)he is the applicant (N a of in d signing contract) above named, I he (Contractor, Agent, Corporate Officer, etc.) A said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; :hat all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sw before met day e t20 kAW otary is SHRYANN f Bim— Signature o Applicant Nobly Pathe State of New Yxk No.6lflrt6l 20 � ° it PROJECT ID NUMBER 617.20 • SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 •PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME 'Ai Inas f Mar atit'� Y40'0~IG 5ujod L V( &('C7 , 3.PROJECT LOCATION: Si Gs/•�•, (2O , Municipality M 1A,(JcJ- � rv�� County 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map Coo 5.IS PROPOSED ACTION: New ❑Expansion Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: SUbd vV��G hOvlcaY�'�YWv�e �cu.c�--Q live 02 �ot'S SJIa�W�Scc�+-rl �.. I Ods W c�� Cif'ectZ2 13 V,1 W h wh CR,n�trYm -}o Glnclna�ief' � Ylet Hlxxh� 7.AMOUNT OF LAND AFFECTED, Initially 1 j acres : � Ultimately acres 5 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑Yes VD No If no,describe briefly: va" /-.-L 16- 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ®Residential ❑Industrial ®Commercial 11 Agriculture F-1Park/Forest/Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ElYes F-71 If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ElYes ®No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es NNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Spons J�7s-mas / ACY/a f,! � A401e- Date: 11- 7--07 /_ 7�7 Signature `J If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 0 • APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Thomas & Margaret Noone Date Prepared:November 2,2007 I. For Demolition of Existing Building Areas (NONE) Please describe areas being removed: House existing structures, shed will be relocated to comply with required setbacks II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): NO CHANGE TO HOUSE 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: 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): Existing square footage of buildings on your property: 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 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). 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes E No B. Are there any proposals to change or alter land contours? E No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? No 2)Are these areas shown on the map submitted with this application? n/a 3)Is the property bulkheaded between the wetlands area and the upland building area?No 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination ofjurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? three lots merged If yes,please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Existing residence on north side of tax lot 4.1 (formerly tax lot 3&4) and proposed use subdivide property into two nonconforming lots each 75' x 140'. One lot improved with existing house (examples: existing: single-family; proposed: same with garage or pool,or other description.) Amt50—rized Signature and Date 2/05; 1/07 Office Location: o�%1dFF0j/r USPS Maili_g Address: G Town Annex/First Floor,North Fork Bank �� y� 53095 Main Road 54375 Main Road(at Youngs Avenue) ams Z P.O. Box 1179 Southold,NY 11971 py Southold, NY 11971-0959 dol � Sao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 28, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. FEBRUARY 28, 2008: 12:35 P.M. THOMAS and MARGARET NOONE #6107. Request for Variances under Section 280-18 (Bulk Schedule), based on the Building Inspector's October 30, 2007 amended Notice of Disapproval concerning two lots proposed with an area of less than 40,000 square feet in and less than 150 feet of width (frontage) and less than 175 feet of depth in this R-40 Low-Density Residential Zone District, located along the westerly side of Sigsbee Road, commencing approximately 210 feet south of the Main Road, Mattituck; Map of Mattituck Park Properties; CTM 143-1-4.1. 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 29,2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #8711 FEB 2 72006•fJLK) STATE OF NEW YORK) . ) SS: COUNTY OF SUFFOLK) BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that 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 a week for 1 week(s), successively, commencing on the 21 st day of February 2008. Principal Clerk Sworn to before me this _ h J n h�> 2008 Building lmpecwr'&=m ded January 8, a]dated February 6,2004.n0/'it,)611d6! 2008 Notice of Disapproval coaceming stated for disapproving the building per- NA VOLINSKI proposed addition, and alterations to mit applications are as follows -STATE OF NEW YORK the existing building.The new construe Phe al-brill addinons and altcralionz _V06185050 lien will exceed the code limitation of to the existing faint s,and cmi,in cted 20%lot coverage aad with a proposed without a building permit prior to 1997 o Suffolk county reduction in the pont yard setback will are not per n Iced......art to the( 1, Ire,February 28. 2008 be an increase the degree of pont yard of the Town of Southold in place ahcn nonconformity(currently 18.7 feet aver the cloollilitain work v mipialed as G age); - without a buOS,Scv,c ll.cite ng. R)in rder Vavelce#12960ZBA 93 rmertw i- 1)A rts,'hile l,$CIrt,m 100-31Ai,os. tion ander Variance concerning front, nt, aretail Li me aagricultural huild w t iT- n Herman Paid setback concerning tan ag from- and ro e'1 z f ser cul ural 1 uL rear:50 side aid setbNYE.and C elv rtR-dO �-Jt nrem'eex sh)� 1050AROTONDO #61 and CAR 0Le1 h .110001 refect OL MITAROTONDO#612&Request al t<or area Also. done additions antl fora an under ing Sermons 2jum byallofith e had been existing for Ilan d onho ibc based on the Notice r Inspector's lams- "d of the existing t in 1 stand without a - - cry ming a 8 Nonce of Dmsa of oc ug p cy-a,issued f 1989a ce w far o LEGAL NOTICE PProvnl Zoo- of occupancy was issued for a new farm SOUTHOLD TOWN ZONING coming a proposed accessory shed with, stand mcnsa,ing 14 ft.by 14 it in sire, a pont yard 50feesetback at less than the however,between 1989 and 997.add S BOARD FEBRUARY Z andsrequiredless t 50(set and side said d set- pons and attentions were made le that THURSDAY,FEBRUARY 2K,2088 beck et less than[he code-regroad 15 .farm stand increasing its site front 14 it PUBLIC HEARINGS feet,at 950 Little Pec co in Bay Road,Cu by l4ft pas m 2,441 square feet. NOTICE IS HEREBY GIVEN,put. Ismail CIM II1-14-15. I Arnie llL Section 1fN131A2(a)3. Chapsnt o Sectio280(n 267(Zoning), ode of heEtrwand 11:00 AM.RICHARD and MARY- which states oH-sir__k� Chapter 280(Zoning),CndeoFNe Town LOU'MANEREDI#6124,Request for ' d' M1e uNthout scheduleh LL2 Of Southold,the following public bear- Variances under Section 280-124,based 0rov datl d sMll br .need by he Ings will be held by the SOUTHOLD on the Building Inspector's December pl Rn N and TOWN ZONING BOARD OF AP- 11,2007 Notice Of Disapproval concern ^ PEALS at the Town Hall,53095 Main Ing as-built and existingdeck construe- is that the will structures ruct for the neat Road, P.O. Box 1179,Southold, New tion,proposed so s that the winery a 100 fact shrill be York 11971- P Pnt re lest reconstruction with set back a nnnunum of 100 feet from a 0959, do THIIRCDAy back at l es Than 500 i t a real yard set- Istirn oad.lhe an000.ed con FFBR ARY 28 : back at less than 50 feet acid single side Z f h 'Id build 9:30 A.M.KURT FREUDENBERG yard setback at less than 15 feet at 170 no[ e dIlls, v and JANET LATHEM'#6121.Request Hilltop Path,Southold;CPM 54-1-29. tura= b M ky for Variances under Section 280-124, 11:20'A.M. DONALD it JANIS afel(IOf fi d if in based on the Building Inspector's No- ROSE 46130,Request for Variances an- vember 2$2007 Notice of Disapproval der Sections 280-15B arell24;based S 1� f 1_b Id d h - concemingthe nefumlt location ofanao be the Building Impecto ss January 7, the 100 feet tint dA dl xx than essory shed aad the proposed lecmmon 201E ®'ended Notice of Disapproval h 1(q f f "annual of an accessory swimming Pool,which restructuring the location of anew two- 4)Scetiov280-13AA(D),whidrsertcs will exceed the maximum code-permit- story'arseseory building a height ex- )he Warta h ll b 1 led 20% lot coverage for all buildings sewing 18feat[othe topotthuddge,af- p - terremovalofabuilding,and which new �� and sp5ida f Lestmd of Progeny: buildingr "tire Board of Appeals will hear all Northerly toRigh t-aide of Costar's Road Proposed at than the let arsons,or their feet from the n representatives,desio- vote Right-Avenue), off the east side of Property line code a lot i e to be heard i each hearing,and/o, Westphalia Avenue), Mattituck; CUM coverage%which 7,43 bade limier- desiring m submit n of r statements 114-7-21. age of 20%(existing 2743%I45 Kin- before the conclusion to each hearing. 440 A.M. PAUL and-MAUREEN Sgeree Onbtion Of n4 CPM 011P0.6-1 23.King Each hearing will not start earlier than CACIOPPO 06127.Request for a Vad• 1155AM. DAVID FISHER 116126. designated above Files am available for ante urMat Section 280-124,.based on Request for a Variance under Second re eco during regular business hours and the Building Inspector'sDecember 27, 280-124,based an the Building Inspep have to the day of the do acing.if Im, 2007 Notice of Disapproval concerning ton's Lavender Il,2007 Notice of Die- h contact our office at(631)t helper, the treaties.of an accessory mv-ground approval conceiningproposed additions swunming pool,Which will exceed the to the existing single-family dwelling, or by e real: UndaXLocilklis'Ibwti code limitation bf 20%let coverage;at which in.,n the L[cover and ex- Sontbotd.vyns 735.Jackson Street.New Suffolk;LTM coed the code limitation Of W%lot cav- Datcm February S,2008. 117-9 6. - edge,at 2165 Old Orchard Road,East ZONING BOARD OF APPEALS 950 A.M.SEROTA PROPERTIES Marion;CTM 37-3-0.1. GERARD P.GOEHRiNGFR. #6125. Request for a Variance Under 11:55 A.M. HANS H. REIGER CHAIRMAN Section 28085A(2).based on the Build- #6132 Request for a Variance under BY LINDA KOWALSKI lug Inspector's October 29,2007 Notice Sections 28015C and 280.124, based 54371 Main Road(Ofhcc lasnl,c) of Disapproval concerningon the Building Ivo 53095 Main Road(Mnmling/USPS) I proofing g pectora,January ng BO-Box 1170 new mound gn sign,replacing the exid he 11. Nonce of Disapproval co at lc,, Southold.NY 11971-0959 ;round sign the proposed sign will be two acweory sheds front tar) at less R7+I-IT 221 ;neater than three square feet in total than 35 fart from the front yard lot lineiner - - -. MtV with mi tat for the once Of e of 370 Harbor Road T 100 -2 to6Orient 'A'a of the total for me.rm M r The Ha12:05 sM,G CCM 100HEOD6. nntvr, x1525 at King Kallen Shopping 12:#6 pM.GEORG§THEODORA- 7TM 9,31525 Main Road,Cutchogue; der #6133.Request fora otVariance Brn uild SI'M 97-5-12. der Section 280-15,based on the Build- 10:00 A.M. GREG and KARMEN Nog Inspector's November 5;2001 Notice 3ADOURIAN#6131.Request for Vari- of Disapproval concerninga proposed 2) under:(1) Section 2811-124,and dditm.a to the dwelling,Which places Secdon 280.15,both basedon toe She existing swimming pool partly in a wilding Inspectors December 28,20C eaala yard t Muran,at 1855 Rocky Pont a.tice.of Disapprovalt Read, RM, MJOH CORBL30 EY concerning 12:15 EM JOHN CORHLPY p6119 cp:iOn of a new dwelling at 11x.1 than 40 (cenyover for Baal hosing).Additioaz ret From tile code-required minimum to dwelling at 680 Mason Drive(Haywa- royard serial and for a swimming ter Cove),Clnchogue UDv,IN 7,,001 located in a side-yard-rather than 12:35 P.M. THOMAS and VAR- re code required front yard or rear yard GARET NOONE#6I07.Request for 11this watenfioat parcel,located at 695 Variances under Section 280-18 (Bulk ell Drive at Long Island Sound.Ori- Schedule).baeedonthe Building mspec- n1;CTM14-223. tuts October 30,2007 emended Notice 10:15 A.M.JENNIFER and DAVID of Disapproval concerning two lets,pro- IOLLINS#6123.Request for Variances pulled with as area Of less Than 40,000 oder Sections 280 122A;280124,and square feet in and les,.than 150 feet of ,BA Code'hate Riau Holli#5039(Walk Width(frontage) it less than 175feet pplmcation);based on the Building 1m- of depth blithe;R-40 Low-Density Resi- awtods December 3,2067 Noflee of denial Zone District,located along the Disapproval concerningproposed at Westerly side ofSigsbee Ro#d,commenc- rationstothe making dwethagwhich Ing dpProxim usly 210 feet south of the eco construction covs4tu[ee anwcrease n Road,Matgtudry Map OfMaRituok the degree 0f nonconformity with the Park Properties;CCM 143141, .at yard setback at less Lhasa mmnm- 1:30 P.M.HARBES EAMILYEARM, um of 40 feet,at 6685 Oregon Road, LLC#6106.Location of Property:North utchogue;CTM 95-1-6, Side of Sound Avenue and West Side of 10.30 A.M. MARJORIE DUNN HallockLane(a privateroaDjklattituck: 1122. Located of Property 300 CTM 1000-1241-4 containing 7.5 acres, ty Court and Camp Mineola Road, CIM 10011-112-1-7.4 coalumina 8 acres. attituck;CTM 123-5-11.Tbe applicant Ttic applicant Ter applied for building requesting Variances: permits the exis(Ing farm stand and a A) under Sections 280424 and Proposed change of use from farm berld- A) based on ZBA Codelate nil Ings to a wmaerypasong room.Requested Gen#5029 WsnzZ liCode and be are Variances based on the Building fit ( Application) spec[.,',amended Notice of Disapp ns- Q N OF SOUTHOJLD PROPERTY RECORD CARD OWNER - STREET VILLAGE . DIST SUB_ LOT 7 - 41-4- FORMER L41-4- FORMER OWNER N E ACR. S W TYPE OF BUILDING E • 12�o SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS s- 3 a-It /�� I/ i a41- 1 $ _ 3 Q 21 -To Noo �.-Qs P- AGE BUILDING CONDITION _ 5 os _ - 310 fia li-�at Itzra. ions -i-o g 9craae, s NEW i NORMAL BELOW ABOVE8 p-7 32(p23 31099 FARM Acre Value Per al V ue Acre Tillable 1 Tillable 2 I Tillable 3 Woodland Swampland FRONTAGE ON WATER BrushIand FRONTAGE ON ROADS- House Plot DEPTH BULKHEAD Tota, DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB. LOT FORMER OWNER N E ACR. { l= N /6 S W TYPE OF BUILDING RES. L�// SEAS, L. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS y uH_ ; 30 �" 3oa00 AGE BUILDING CONDITION NEW NORMAL j BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER 8rushland FRONTAGE ON ROAD (� rouse PlotlJ2 DEPTH BULKHEAD Total DOCK kS;. y ' x ■■■■■■ Monson ■■■■■■■■■■■■■ • •' ■■■■■■■ ■■■■■■■■MEN■■MEN ■■ ■■■■■■ ■■■w ■■■■■■■N■■i■n F r * 3 ■■■■■■ ■R ifi■■■ ■■■■■■■■■■■ - - ■■■■■■��ERMIN 1■■■■■■■■■■■■■■■ ■■■■■■■iRMT -H—WIR■■■■■■R■■■■■■ j i■■■1■■Gi. . - - ■■■■■■�■■��■■■■ , ■■■■r�■■n■■■ y- �,�7 �: ■Ems■■■Itill■■i°ullam■■■■■■■■■■A ■■■■■■lifilmoi■a i■■■■■n■n■r --- , ` j, �� ' : ii■■n■=�uli■■I©ail■■■■■■■■■■■a.. n■■■n ■n■■ll■■■MEMO■■non �- ■■■■■■■■■■■fiii■■■n■■■■■■■■ - ■%fi■■ENEMEMPOR■■i■■■■■■■■■■i .. Foundation �0 t5asement erior Finish 1 ' i . .,.N E. LEDON -� RD. ae P u u �m 14 f ui 1 e S W j5 6e R.' R• M1M1 +6 +° d lk \ n t% • I / n ! R> P R+ P a R� + pp b R ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT THOMAS & MARGARET NOONE OF (Name of Applicant) MAILINGS CTM Parcel #143-1-4.1 -------------------------------------------------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 February, 2008, 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. (Signature) BETSY PE41 Sworn to before me this /3T-H day of February, 2/00088/ (N tary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 oualifled in Suffolk Cou Commission Expires June 8. 0 // 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT THOMAS & MARGARET NOONE OF (Name of Applicant) MAILINGS CTM Parcel #143-1-4.1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: CA- On the t? day of February, 2008, 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. / 3 A-, ignature) BETSY P INS T-u Sworn to before me this J3 day of February, 2008 (Nolary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4882528 Qualified In Suffolk County Commission Expires June S, O / PLEASE list, on the back of this Affidavl or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. NOONE NEIGHBOR LIST SCTM: 1000-143-1-14.1 DEBRA J. TIMPONE PO BOX 155 LAUREL NY 11948 SCTM: 1000-143-1-5 TSC HOLDINGS LLC 46520 RTE 25 SOUTHOLD NY 11971 SCTM: 1000-143-1-1 WALTER B KOCH & RUTH H KOCH PO BOX 225 LAUREL NY 11948 SCTM: 1000-143-1-2 MARIE RAMBO 225 SIGSBEE ROAD MATTITUCK NY 11952 SCTM: 1000-143-2-5 DAVID HAAS SUSAN HAAS 275 SIGSBEE ROAD MATTITUCK NY 11952 SCTM: 1000-143-2-6 JOSEPH PERINO 1120 HARBOR LANE CUTCHOGUE NY 11935 SCTM: 1000-122-7-9 '- PATRICIA C. MOORE ESQ. 4. Restricted Delivery? &Service Type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIEC SOUTHOLD NY 11471 - 2 Article Number ' 7192 6463 3110 0000 0256. n `A'Signature: (OAtldressee or gent) 111111111111111111111111111111111 IIII II III SII _ �I /B�RecAv^d By (Please Print any) b� 7192 6463 3110 0000 0256 Y „ C.Date of Delivery 1. Article Addressed To: a Ozb D.Addressee's Address(nV1ft—dFm AddwaUjMhySeatlea MARIE RAMBO 225 SIGSBEE ROAD MATTITUCK NY 11952 seeend:ry addr::�I Suite I Npt l Ft:dr(PI:.:.Prl:t LMedyl ................................................................................... - O.IWery Atltlrece ......_................................... ..._;.......... . City Slata ZIP+I Cotle `'_-- 4. Restricted Delivery? &Service Type PATRICIA C• MOORE ESQ• CERTIFIED 51020 MAIN ROAD (extra Fee) Yes SOUTHOLD NY 11971 3 2. Article Number 7192 6463 3110 0000 02631 A.?6i rhe ( Jrea ee or OAgent) 11111111111111111111111111111111111111111111 rub B. Recei�y: (Please Print Clearly) 7192 6463 3110 0000 0263 ' I C.Date ofelivCN 1. Article Addressed To: CN O C D.Addressee's Address(HDIWnMFwmAatlmeUaWbyS.naatl DAVID HAAS SUSAN HAAS r 275 SIGSBEE ROAD "Sweiid q Mdr:e."I Suit."I W.I"Fl..r(PImu'Prinl Cl:.rlyj MATTITUCK NY 11952 ................................................... ............. o•nwry Aaare.. day Stata ZIP+1 Code t P.1aam'1 - ;T 4. Restricted Delivery? 3.Service Type PATRICIA C. MOORE ESQ• 51020 MAIN ROAD (extra Fee) E]Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 0270', A. Sig afore: (oF,tltlresSee or oAgenO � IIIIII III II IIII II III IIIIIIIIIIII (IIII III S. Received By: (Please Print Clearly) 7192 6463 3110 0000 0270 C.Date of Delivery 1. Article Addressed To: D.Addressee's Address(XD/MndF.AMn Uwcby5 dkwt JOSEPH PERINO 1120 HARBOR LANE .. ... ........ CUTCHOGUE NY 11935 "seeeod:ly"�ddr::.'I'smte 1 Apt.t Fleor(Pl:.s�FnM�bbetlyj it i - I Delivery Add.... - City Stale ZIP;:_4 1 CoOe - r fifes+vv C.""•?;r 1. PATRICIA C. MOORE ESQ. 4. Restricted Delivery? 51020 MAIN ROADa Service Type SOUTHOLD NY 11971 1 (extraFeel Q Yes CERTIFIED 1 2 Article Number . - 7192 6463 3110 0000 • . , u1 A. Sig Atldr0225 es ee •1 x yr❑Agent) D II y1 B. Recliv y: /ease Print C/ arty) IIII II'IIIIIIII III IIIIIIIIIIII IIIIIiiI 7192 6463 3110 0000 0225 C.Date of Delive r I _ O 1 Article Addressed To: 1 i D.Addressee'sAdtlress(nDu.,.Anwn,Aw.,...u..°ayslb.A DEBRA J. TIMPONE i PO BOX 155 1 s°°°�nY AEErese-�Su11e'%l�pt").Fioor(Piww.ja w.eiierlyj LAUREL NY 11948 1 Oellvery AtlGreve Cit_----- -------------------- .. ZIP e 0 poEe� T PATRICIA C. MOORE ESQ. 4. Restricted Delivery? &Se vice Type c1 51020 MAIN ROAD (Extra Fee) E]Yes CERTIFIED 01 SOUTHOLD NY 11971 01 2 Article Number 1 7192 6463 3110 0000 02491 s1 A. Signatur (DAddressea or DA 111111 III II IIII II III IIIIIIIIIIII(IIII III 1X • M1 B. Received By: (Please Print Clearly) 7192 6463 3110 0000 0249 I C.Date o DW�v Q yv 1. Article Addressed To: 1 n1 D.Addres e'sAd ress(MDLhnnlF..AE—,Uw 05°M.1 WALTER B KOCH & ; 1 RUTH H KOCH PO BOX 225 SeeonGery AtlOnn'y Suite I Mt./ilooi'jPleem PNM CI•arlyf LAUREL NY 11948 - 1 o•n.ery Aeer..a ..-... ......................-... . . ... . arr ......sr.r. ................- ZIP e 1 Cotle 1 L 1 y �I e PATRICIA C• MOORE ESQ• 4. Restricted Delivery? a service Type 51➢20 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 0348 ul A 8 t (pAd essee or OAAe !) IIIIII III II IIII II III IIIIIIIIII IIII III III ul e. Recenetl By/'°�l(P se Paint clearly) 7192 6463 3110 0000 0348 C.Date of Delivery 1. Article Addressed To: I a-Ir-62i D.Addressee's Address(ffD m F.Atl—.un bys. .p DEBRA J. TIMPONE i PO BOX 155 LAUREL NY 11948 SeeenEny REEre61�1 Suite%�F.L I Fleor�(Plneve Poq ClsetlyJ ................................................................................... salivary AEErase ..................................... .State ...........ZIP 1 CON -i I _j J J 0 1 3/1995 03:41 6317655816 MCCARTHY MANAGEMENT HAUL bl o� TSG HOLDINGS, LLC 46520 ROUTE 48 SOUTHOLD, IVY 1 1971 Southold Town Zoning Board of Appeals Route 25 Southold,NY 11971 February 27, 2008 RE: SCTM 1000-143-1-4.1 Thomas and Margaret Noone Dear Members of the Board, TSC Holdings, LLC is an adjacent property owner to the above referenced application. We have no objection to the proposed action. Sin ely, Thomas J. McCarthy Member ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x FEB 2 7 2008 In the Matter of the Application of AF IDAVIT �6 OF APPEALS THOMAS & MARGARET NOONE SIG Regarding Posting of Sign Upon Applicant's Land Identified as 1000-143-1-4.1 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 7'H0Ml+-5 IVDONE , residingat (� �'� S�GSf3 �c pC3. MA7717v/ck� being duly sworn, depose and say that: ivy Tµ On the 19 day of February, 2008, I 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, February 28, 2008 Sworn to before me this o TFi day of February, 2008 Not ry Public MARGARET O. RUTKOWSIa Notary PuNo..hate f Now York Qualified in Suffolk CourdVa o Commission Expires June 3, *near the entrance or driveway entrance of the property, as the area most visible to passersby. 0 Is 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. Thomas & Margaret Noone 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 X subdivision 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 0 0 (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 /T�day of AlOwmVz� 7 Signature: V /1A7xa o /r'o Print Name: Thomas & Margaret Noone By Patricia C. Moore, Esq. Signature: Print Name: Patricia C. Moore Esq. • • PART II - IMPACT ASSESSMENT(To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑ Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: 04. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Longterm,short term,cumulative,or other effects not identified in C1-057 Explain briefly: C7. Other Impacts(including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? If yes,explain briefly: Yes ❑No 17, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es ex Iain: E]No F-- ---- I PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring; (c)duration; (d)irreversibility;(e) geographic scope; and (f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the Information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in ea gency Title of Responsible Officer Signature of Responsible Officer in Lead Agencyignature o Preparer(If different from responsib a officer) 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# 1000-143-1-4.1 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 ❑_ 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 ] Nature and extent of action: subdivide nonconforming parcel which consists of three merged parcels and divide in half(2 lots). Sigsbee Road across from CVS Location of action: 210 Sigsbee Road, Mattituck Site acreage: 21.000 Present land use: residential Present zoning classification: r-40 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:Thomas & Margaret Noone (b) Mailing address: 210 Sigsbee Road.Mattituck (c)Telephone number: (631 )29804059 (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: _ 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 existing house constructed on northerly lot(Lot 4). The subject property is now tax map 4.1 formerly Lots 4 5 and 6 on Mattituck Park Properties Inc The pattern of development on Sigsbee Road are 50' x 140' parcels, some are double sized but none have three lots which have merged. This property has been owned by the Noone family since 1944, the lots merged in 1984. Lot value is adversely affected by development of Dickerson's Marine shop and CVS. Subdivision will restore financial impact to property. 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 ❑ Town of Southold LWRP Consistency Assessment Form 2 Discussion (if aoorooriate): 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 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): No impact. 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): subdivision of property will not impact water supply significantly. 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 aoorooriate)Not near water. 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): No change to air quality 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. Town of Southold LWRP Consistency Assessment Form 3 Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): no impact, prropem developed 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): _.,private property not on water 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): Development on Sigsbee Road will not affect water dependent uses. 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): Development on Sigsbee Road will not affect water marine resources. 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): Owner's family has lived in Southold since 1944 and has supported agricultural lands,bond acts, and preservation Town of Southold LWRP Consistency Assessment Form 4 Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111-Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): no impact *copy of Town form created on 2/11/06 Town of Southold LWPP Consistency Assessment Form 5 iG1�s�I _ ' 1"Q[tH Sat'N. Y DREll—N Il Ca. t .vT Llea C vvE TUTBLPrv% - kT -� 'off/ IL n of 0M. Ch I IIfi1; Stet t ,F..A, (t71kr. 027 L.11 of 1902) I+rS lmlulU v/ CEEO 'i is s t AS.I,RB j��QS0 .Made the 5th - day of liay Nineteen Hundred and I, i':•Pt .-Pin�•. '. and 3lmina ,,aroio, his wife q tPQ�� �1Q zO.�I;SDE15 ",_.'ROTS,/residing at 1 attituck, Suffolk County, 1,101V York, MAI. part9ci63of the first part, and . THOKAS P. RALE' and GSRThUDF F'liLz.,. 'his wife, of 35-19 93rd Street, Jackson heights,, P;ew York, : AA parties of the second part, D(D M(MtAh, that the partxies of the first part, in. consideration of One. and 00/100 - - - - -.- - - - - - - - - - - - -- - -Dollar (s 1.00 ) lawful money of the United States, and other valuable consideration paid by the parties of the second part, do as hereby grant and release unto the part ies of the second part, their heirs and as forever, allthosecertain,plots, pieces or parcels of land, situate, lying .and being tat blattituck, in the !Town of Fouthold, County of Suffolk and State of New York, known and designated as and by the Lot Numbers Four and Rive on a certain map entitled "Amended :ian of Property of :rattituck Park'-roperties,lnc. ,, Iiattituck, N.Y." made by Daniel 7.1. Young, Surveyor, and which said map is on file in the office of the .Clark of the County of ._uffolk as .!:ap 110. 601. i Together with the right. to said parties of the second part and the heirs, successors and assigns of the parties Of the second part to use in common with the Otho r owners of lots shown on said map, the tract shown on said map as Sigsbee Park for park purposes; under such con- ditions, limitations and on-ditions, limitationsand restrictions. as &'attituck Park Properties,Inc. may impose. Such use to be- suchas in the unrestricted judgment of saidiattituck Park Properties,lnc.will not unreasonably interfere wit the use and enjoyment. of said Sigsbee :Park bY the other owners of lots on said map. Together with a right of way over the :igsbee roadshown on said map n and over a richt of way three rods wide running from -econic-Say Boula- vard over pre:uises shown a_, paid map, to '-'econic Bay. _ Being and intended to be the same premises conveyed to the party of the first part herein by two deeds recorded in 3u£folk County Clerk's office in Libor 1292 an 574 and Liber 1433 op61. , �. OEEOGtTlf) *I 111 J I; 4'ff with the anpurtenanees and all the estate and rights of the partycies of tTie first part in and to said premises, g �tyy t g� fl4 dQa'$�!NgF�ty(lu the premises herein.gr¢nted unto the parties I�. of the second part, their heirs. and assigns forever. f 'A$IIIVt said Party of the first part,Hormidas iSaroia i i covenants as follows: j Bg �> That said party Of the first part is I it ,seized of said.premises in, fee simple,and hag -food right to convey the same; 1999-Opremix That the parties of the Second part shall quietly enjoy the said That the said premises arefree , from incumbrances; That. tete party further necessary'assurarrce of the of th.e fust part will execute or procure any I. title to said premises; f QV> That said party of the first part, Horeiidas Riarois will forever, e ° b$rbM$�$ the title to said premises. N' - T7tat tete grantor will receive the consideration for this conv and will hold the right to receive such co nsideratweyance was a trust fund to be applied first for the.purpose of paying the cost of the impromment and..u-i - same first to the payment of the cost of the improvement befoll apply there using any part Of the total of.the.same for any other parpose:- - .( Ild ,'.�,' �'bt6QtEt�II° , the parties of the.first part have - hereunta setts t hj9.r hand s and seal s the day and year first above written. , ttPr,!t;eitCe of 'Q /�� DEEDl79 nil $ sz.i �Statsfta� a�f��a°Dt� ���ih C'>itunfo iif Sur•Fc;.;� 159.. I On taws day of � Nineteen Hundred and i ortg-fine before_me,, thnl'subscriber, personally .appeared Y Horm3das laarois and ;�l ina FHa-&ois, his - uife to me personally known' and known to me' to be the same persons described in and who executed the within Instrument, andt he y acknowledged to me that t hey executed the same.. 1 ,dotary b13c SufPoIk County RECORDED MAY 15 1945 e, IIS/A M. 'R.FnRotluct= . da*a s,Rouca m w twdW-Nall&r.V PdbMWNlG1E-e0M—Hvgom and SJa neN._w16 Cv.ram„gae¢Grvm„�m_lo&vwuJ wCmlonmytS pk Sbm) - '. �M. CW Lr'Vat, LAWYER IEFOX'E SInMMO iNN M4ipYMFM—iNIS INarEYMEMT SMOYLp Ya YS®Bi.L1LWiE115'OXL ukn5214 unci .0 TM BiDEMIS)RE,madethe 311at day of July, nincreen hundred aad sixty—tWoi - � ! ' O BETWEEN DONALD J. SLOANE, residing at No. 210 Jay Street,'' ;.� Wood Ridge,' New Jersey,': _ o, patty of:the fust part,and, THOMAS P. ,HALEand (iERTRVDE LIAL73, his wife residing.at�'No. 443 Jerusalem`•Avenue, Uniondale, New.York, - � i a 7' party at,the semnd part, i. WCINFSSP'1H,tiiat the party of thel'.fir5 ppaaR in consideration of Ten Dollars and other'valuable copslderanon a�' paid by the party of the,semod'part,pots hereby grant and release unto the party of the`sewed partIthe,heirs �+ or successors and:assibms of the party of the around part forevar,".. 1 1; I ' AM that cerimb plot,�� or P-W c f ']and,arbtht�e%...... R704287E�1llEil�i77iiltiii%i�l�f(,sitYatG ,ymg aad,bdnginft .'LOWn� oF:Southold:and County o Suffolkl State o£ r ,Ltr Ned York, known andl'dg6tpited as! lot Na.;6, on 'a certairi'.Inap • tent'F,tleei, 'Map�oYNa�t-;11 oktPark :Properties; Inc," .andlfiled4n; . the Office oPe", ;6Mork of�'the CountyofSuffolk on January '12n 1926 ad Map No, 801 L_ , I I ,F t _ I ' I 1 1 3": •g TOQVMER with all right tide-and interest;if any,:of the party of the first'part�in and to any streets and road abutting the:above described premises to thelccmcr Hnes.thereof;TOGETHER thereof: the appurtenances J ,and all the estate and rights of the party of the first part in and to wtd premises; TO $AVE AND TO HOLD Jhe.premises berein granted unto the party of the Secoad;patC;the lidfi or soccessors,aa3.asstgps of the,paRy,of the second part forevu•;, . - + AND'the party of the first par¢covcaants that the patty of the first.pari ins,not done or suffeied onythiog +:?+- whereby.'tbeAAi&presnices have,been en—mbered in any way.whatever,except-as aforesaid. AND the party of the first part,,in canplianee with Section 13 of the Lim Law,covenants that the pary of- the fust pan well;receive the considerution for this conveyance and will hold the right to receive,such consid- eration as a trust'fupil'jabe-applied first for the purpose of paying the cost of the improvement and will apply the'same.first to the paymeht of the oust of the improvement before using any put of the total ofthesante for any other purpose.• The word[p" shall be Ism strucd as it it erzd;'parGes"w'bcocvcr the sense of this indenture s4 regmres IN WITNESS+WHEBEOF>the party of the first part has duly executed this deed the day and year first above 1N Pacswcz ar: ti OF NEW YORK COUNIN OF NEV: YORK s: SYAtE OP NEW YORK,COUNT Of !-h. the tat da of , y,y Jul .1962, befre.me Oh the day of 19 beonank,came - DONALD J. SLOANE - personally came e(mown to be theindividual described in andwi7o to me lmown to be:the individual. described in ated ect foregted-th mg instrument, and' owlcdged that executed the foregoing fustrwnent, and acknowledg he exatited tlue: ei executed the same, i _ t e I ]OSCPR'M HAMI}VRY� 1 1=Hr t , •r yNotsryrPuhlw 9inte of VewYodt -No 9L51662P0' J. t, a•. I 1 P. 4,t 1„q ` I. . .. t QenlRled io N Y k Comes I G flvm$.Vires Msfek 30 1964 r h I c( t r i OR rRY.YOtK Fp11NLV'DR ` T 'pi IM"OFNEwyoxxi COUNTV-0W �l p the I I 'day of : 19 before me' On the day of 19 , before me orally,carte Personally came e lmewn,�wJuo bcunPy-py Pae dultr svo4riy d+d depose and the 5ubsaibmg Witness to the for oiU m nuoent with hat it�1e{eilyde9at o I i Ix !? }vhnm I personaily vaunted �igbein 1 u g My l l wo �epotg aQufi saY fat �ic resides at'No 'hot rG the I I rx rM�f I t'.. .f, I ., e l r . :. r v a•.I [hat hie lapws t '.l I P i + Ji a i r the mrpomnon haerih e d wFch executed the foregoing igstrumea[;that he 'to,be the'iNuIIviduat •s the sral of said wrporation; ?bat the seal affixed descn-bed in and who executed the;foregoing iostritmmt t id fdstrd"o is tvoard o ratedire tors; that it was so that he;'sold subscribing witness, was �aiid saw, d by,order of the(ward of directors of said corpore- execute.the.same;and that hP e,snatld n Sas and litrat he sigocd h name thereto by idle order- at the same time s4bsrsibed h nwhe as wut'uess Yhereto w�1� "nl ,.mom.., 1 'T' •:.� a � ' � > cy. o tW-t a,. W .r O o ti me— "M a rr W I.; •sL. - f6 24' 'm 4 �t w F> qi ,1 NOS O ,},alu. `+ g. ; L.auhH ItC, ;I+ t3"pd r. BW 1 lit F i � 1P11 1l96W.'� .^ri'F^ hags. 'Krj$1EU ' 21 r r l RECORDED w moo AUG 14 1962 ,y,..,NORMAN'L PP of Sullalk'CoaoN I ' x rbl e`•^ r .3.- 4 lk;.-A. v I ' 1 t _ ursh 6317279016 p. 7 t Nov O8 07 09 47a S S anb 11 �'.IIt 1 � a<uresla;rwa'Iwt^'n IaeOd wrvots rtae oarwawr-ssnx werinw(em•aMatao M weo er Ae.W vem asr. = R ' ' •� Q q y o f f w442 N : My3ti3 h3 `� THIS RlDiEm Lgm.,.lt<she 21st dsrof March ,niletm<Ilana,e<I „ut eighty-four ' - SP-IkFF1i +r y� x.•. n P lk; i GIRTRUCF. HALF, residing at 6 Folbell. Drive, Norraik, Conn, 06850 i ),1ay. hrFij�l ' / In.(v.n •le 5-+a I.".sna T80HAS E. NOCHE and MARGARE AN009R, his vile, ^•. •r `\ both residing at 6 Forholl Drivx, Norlalk, Conn. <16850 f r+lrr of the smv W17'lVfi.'15[T59.tea:h ploy of the fest pan,in tewst an mien .ten Jo1Ln n ahem.allrfak mala Ips. i)�,p/ WId oy:Ile pt:t.of:feu0thpar-,ydoes of cruxsnd Helm:onto t1-.your of tht accord lar.the balm r sun:na•t an4.asirna W the part?of the amod part forever, - ALL this amah,144.!sere n of of Lha.ld [he eta otm%and u f Sufaat therenll ertaxd,•ithete, ' I y'nr sal Gsns is d: Tcrn o£ Southold and COUA:= o£ Su£fo - 'n- �$ T;. 'T Stat"_ of. n;6 :ta:vr York, !moths and designated an T.ct hos, 4, 5 and b ane - �. f r 1 certain map entitled, "HAP of Mettituck Park Propercieea Inc." , end filed in the office of the Clerk of the County of Suffolk �.J an J.,murry 12, 1926 as Hap R0. 901, iV �'�. •LY.' �l fir, wF 64,/,AV a Bcing the srma premises conveyr.d to part< as° the first !)"it by deedvreeort!sre in Libor 5211 Cis 01 and Li.bmr, 2446, Cis 174 3 ' a'1 .rie•R' At ."..•btb -77&^5 1, ' eeer" e-.,jO ?!Ms �} /i•?:_Aw.a►N7•'i, C✓ V1/ry 74 y ', ?STATE N APR11tf;iB9 TRANJrCR TAX i SUFPOIK`.k 1 r•-'.+ COUNT? - � G s ,y 4,( 4 l is { f P r sT YII anJ Herm!,d any,M she ptr•• n!n. 6,11 pan in ani man stritu and l . 1pmmses t••thecenter hl c .ere::1Cxt1iTHER rich tea.y nman<-a "Vh Yq '���I t'�r m I yl 1 Il. funy nt tFe S t pm d(r ra•i prrn,:«s;TO HAVE AND TO n .7 nr,n run;u nn:u n+ ny of d e m < �m 1,eee Min or n,oeeon,xM assyv of '�1 v+. I .• Inrt nnmvas IM be pom or I'! .:rs:;an:•ac nut Jane ur wHereJ anlvhinr' IF i h r I <n,r�rounl.rr, in an;wa.• ri:nl-.r..<a•.p;as alnre�id. � 4,'j tP t ”I jun I <,nlph:m(r x-Ih ti,v:inn' :'r 1e t ..x.enrcnarb Put tke any Y 1 f 1 hl cue Imuon :ur tk•aom<rpn:eaai I Tool Gm right to mune•oehlmm6, M`t nl:nxt iu7 th.•;m of} rh < r eh<impr.+amlexl and anl.algh e } tt mn el:hr ml e(nen 1 s. rn pin LL.the tool a the sane!:n I � s4 f I .• II r ".,I'l t cc,r ar of Ilia In•Ienmre m st9eites. I e ls.r r Rev j..r hn 1 y <,•rt 1 ,41d.(M Jay and leer Arm shove I 1 j]S -(;- � : 'i:s"''i.�=-� � _r ,r_ -��• . j 'aro a (lI a`j , 7'k 'F7'^' •7 - —+""'.T •'4"1 Ipl ,'�. .a 'CAk' ':it 1. Nov 08 07 09: 49a S Span urgh 6317279016 p- 8 41 )'L' -t`;� Mih •I L' '..,1.+" �'. )9�+.9v jy,t � � .I'�yrm. Y . PYA 1t y 1 `� •y ' 1. 1 1 ht tl ,, 1e1; iN�{yJ9 m ar.N e^ae[r vf[t:.mural N•'x-•+4et••+.— No r C'Sar+'-e a 223t,!Yt.eot[attr u _ �+rr• may~'' On dr <stdav nt M:�eh l9 &+,helor. mr v w'r J` _ daY at ��+++.!.>< l9d'¢.'do.e ptrao'ul:; Came yeraan9!/enK Grrt"kal,. Hale/ wY [o•nr 1'm...n!o tr td,' JvX4,a1 .lecntr.l in ml wlw 1 m nw 4ruwn m ke [b• vui .wd dr:m kM in m+d rho e%eealed 11M r•N 'ng''Im,1Am.. Alvl .'Irhtwwhdk'r,l Ib' I<srt.[Iy:1M 11K 'M<ItMinfi inurinneul, and ati!Mw'1[dF,`•'d that M�'j tu •�,G SLCN'll Ih[Lam[ ;I C7;) she +trrp[`t rand / J 1 tSy� t r �. h k:btarY_ fir. TT2 y r C� T r•xs 1 li .� 1 r;Lrun.:s.orr ?:>n° '.'arch arch 31,1°`"4 yy L[4 _,''•• � nem tao+w awrel sD.ft.. Yx y tur+ x1R Jl' ' 7 'rrYy?.rIG 1 iItt' V>. 1 srara ov nesvr tl'M:,,:eXp[YV a - .w(4-aril et tpe r vofY.Col.rrr N 00dw day of '4+y of 19 ,Wore me t 1 }' I+rmlal:r:ame IKnxally came d h y¢✓� -yP W:n<kwr.'n.'rlw,Ldnr b, w,duly rwa m,did drpoae am:I,lhe arhlcribil•g wilnrna [[ the foreG!,iryr mcrmrKnt, i[h Iw mlidet as N, whom I as ,a,aajy aegmimr+!, xb,. ki.,, by me duly 1 i. ,warn,d'.d&p. ;n k•ay that hr;mid i at d• ,) .i 'hat ;r k.,,.!. !y,•y4°I k' y'Ig ,the corroratilli decenlxd I Irq" 7 111 rat x- ir1: rafru•e•! tl•• Llrryninr m'INmrm: Ihat M 1 e.io he 1111 tydlabinal ul ; yr'd rarywnl:xl; 1W1 Ih• .Cal 'I,., "l Ill., xI in 1011 .I I s• Med dIa rAttlln nr ,rdtr mleaw J '.� -ai•I inunnlrnl I. •1..h mnlrrtale wA: 11xt n mnv v1 I That hat .ml eUte Illm}, w A that as l c.WillIDld Lar �rt : r,�! aRised 1) .:Irl a1 i4. !ormrd of du-civn of !aid eogwa- rxaale the an d tial ht lard wham, k' lira,a<I if,, he rlq'a-0 11 Inure thereto by like order.I at the xme :i-- 1-t'Wlbld h mm[as wioxu tllerem. r^g1 ''. 1 Y a3. 1y1: Yaroul't end Bekr 8rrh ,cg143.00 : -u1aC 1000• une Cnunw A' 01.00 C� �• 111Th oma?;L-S-6951 - Rmericwn Title r•- 001:.001 1 • r �..--.- .---�•�-•• _[au.sr xa tnwx C:£ S^nthold to.;. GER�1i!7DS HALE 113{i 7ti hn THCKII' E,4013ME AND liN MErgcl et o nr:. his wife 'lu+-rax auuL ro IN=' key¢ 7.k: na.w»'ea n n Ia rat rc nnr urmaaw•rat^ � —_'!'HCMG$ F:QY•A[VDES, ESQ. 214 w llis Avenoe GUARAAT'CO.[(9iNv I I �ryl x.l Min ].e, DIY �y ry� eFa. ra nu'•-S lu wLw.w=t r+r xw l?301 i II�l,_ i - +�f � 'Y;`. c g_—..__ --______.. i•_:,� may% 8 Y - 110,1311S S�5IIa ' '°;e s •1�� uuYe xano _ 21.77 etl }.SLLAI.t11 art. •h [x t t r •fir �i '�II'J v d. 1 t 1 Ilt �' u!RI 1 �1� t2Sr st �'i i.��.+•r'P,Alla [�, S ..3..53 '111 r' Yr L ' r1'yl: ({ '!' )• 4�i 1 el {.r..: � 7��-+ ,EZM.�3, 'f_ 1..., 1 •1 x.11 t^+haF .�, •. ., �t�'1 i M.1 ELIZABETH A.NEVILLE• �OVTyOI • Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER N Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER .mac` �0 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER lif'COU'M southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 9, 2007 RE: Zoning Appeal No. 6107 Transmitted herewith is Zoning Appeals No. 6107 of Thomas & Margaret Noone- the Application to the Southold Town Zoning Board of Appeals. Also enclosed are letters from Patricia C. Moore to the Z.B.A. and to the Planning Board describing the enclosed application, Applicant's Project Description, Questionnaire for Filing with the Z.B.A. Application, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, Short Environmental Assessment Form, Deed, (2) Town of Southold Property Record Cards for each parcel and a Survey of the property. (NYS RTE. 25) uNONHIED ALTERATION ONITIONT0iSSURVEY ISA VIOLATION Of SECTION Of THE MEW YORK STATE ETUCSiIL MAIN ROAD COPIES Of THIS SURVEY N/.p NOT BE A RIR'S INKED ETXER IMO SED YOn'S M3fFf� WALLSE E.LOREMEOSSRE TO A VAL NOT BE CONSIOEn EO i0 BE LIOinUF CORY .UARF.NTEES OR CERTIFICATIONS O ONLY TO THE .SONGSON FON NXOM Z THE SORVFR IS FRE RAOE O,AND ON HIS OSHALf i0 iMf iliLE CN L NOMPANR6INOEINSTIT OTrON LISTEDT AL HEREON,ANO TO TXf ASST CHEEK Of THE LNDINO INSTI TUTION NotN69° 22E OOEEE GWENANTEEAON CNrinunow W WE A. T,1 OR CERTIFICATIONS To 139.91 " AOYnnaNALNsrrtunaxs oN 2" yW SUBSEQUENT OWNER p CORE, LIDR fl OR 4 - . IA LLamRDJW PER 42 uj !) _ JOE Of DWp AsAh--- 13.6 DwY - - 0..6sm FINAL MAP w REVIEWED BY ZBA SHE'SOF c SEBDECIIS D s 4 54 O 8 N a: 19. " 4 JAN 2 2006 m ' (1b '0—,Ca/O ;` 'p-� BOARD OF APPEALS 51L I� W �, It! R. ,vY y �O r !u n al f( SI�F �eN ), II mmWORSE N 6 C C "a! I!° d 1 C4 F N Fig U) Y ON W 5 m " �'lM ' Y S 690 22' 00"W 140.33 7 aim FORTHOMAS E NOONE and MARGARET NOONE his Wlh AMENDED FILED JAN. 12, 1926 MAP OF PROPERTY OF MATTITUCK PARK PROPERTIES INC. FLLE N0. 801 , NEW BLOCK LOTS 4. 5, and 6 LOCATION MATTITUCK TOWN OF SOUTHOLD, SUFFOLK COUNTY, N. Y. CERTIFIED 1 FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK QF NOTES: 1. EASEMENTS, IF ANY, ARE NOT SHOWN. ' . BBAL /Y.8IANATU RE 2. SUBSURFACE CONDITIONS ARE NOT SHOWN. ONLY TO AUTH TITLE NO. III - 5-6881 CHESTER C. KELSEY �z SIDNEY B. BOWNE & SON N.Y. LIC. NO. 36923 U O' 20� THOMAS R. PVNCHON N.Y LIC. NO 32313 SCALE 1" — LIC. PRO. ENG'R. & LAND SURVEYOR yN DATE UU' DEC. 18. 1983 MINEOLA 8E SMITHTOWN. N Y ROBERT W. BROWN C II MEABREMENTB US STANDARD N.Y. LIC. NO. 49128 N°xAIE°R�.Wi CO.,x.Y.a ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/07/07 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 6105 Southold Park District 9020 $400.00 6106 Harbes Family Farm 1892 $600.00 RECEIVE® 6107 Noone, Thomas & 514 $600.00 NOV 0 9 2007 Margaret Tbwn Creak 6108 Crary, Kinga 1867 $600.00 TOTAL $2,200.00 Town Of Southold P0Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/09/07 Receipt#: 514 Transaction(s): Reference Subtotal 1 1 Application Fees 6107 $60000 Check#: 514 Total Paid: $600.00 Name: Noone, Thomas & Margaret 210 Sigsbee Road Mattituck, NY 11952 Clerk ID: MICHELLE Internal ID 6107 ZONING 280 Attachment 3 Town of Southold Bulk Schedule for Residential Districts [Added 1-10-1989 by L.L.No.1-1989] Column No. i ii iii iv v A vii ix x A xii Residential Unit 2-Family Where Detached Community Dwellings Water and in R-80 District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Sewer Available District Minimum requirements for 1-family detached dwellings' Lot size(square feet) 80,000 40,000 80,000 120,000 200,000 400,00 20,000 20,000 40,000 10,000 160,000 Lot width(feet) 175 150 175 200 270 270 75 75 150 60 270 Lot depth(feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard(feet) 60 50 60 60 60 60 35 35 50 30 60 Side yard(feet) 20 15 20 30 30 30 15 15 15 15 30 Both side yards(feet) 45 35 45 60 60 60 30 30 35 30 60 Rear yard(feet) 75 50 75 85 100 100 35 35 50 30 85 Livable floor area(square feet per dwelling unit) 850 850 850 850 850 850 8502 850' 850 850 850 Maximum permitted dimensions Lot coverage(percent) 20 20 20 10 5 5 25 25 20 25 10 Building height(feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stones 2'/2 2%2 2'/2 2%2 2%2 2%2 2%2 2%2 21/2 21/2 2%2 NOTES- 'See text of chapter and Density and Minimum Lot Size Schedules for applicable districts '-Except one-bedroom or studio in multiple dwelling may have 600 square feet Minimum floor area may be reduced up to 200 for moderate-and/or lower-cost dwellings 'Except one-bedroom or studio in multiple dwelling may have 600 square feet O' 280 Attachment 3:1 05-01-2006 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 j Margaret Rutkowski Robert Kassner Betsey Perkins Legal Assistant Secretary IVB L7RRE L0 07 I Southold Town Zoning Board of Appeals � �OAPD OF APPEALS James Dinizio, Chairman Southold Town Hall 53095 Main Road f Southold, NY 11971 f Re: Thomas & Margaret Noone 1000-143-1-4 . 1 (210 Sigsbee Road, Mattituck) Dear Mr. Dinizio and Board: Enclosed is an application to subdivide into two parcels a parcel which was developed as three lots in the Mattituck Park Properties, Inc . The property is improved with a single family home located on the northerly portion of the lot . The house and oversized lot is located directly across from,; the entrance to CVS and next to Dickerson' s Marine Shop. The subdivision of these lots will create two lots 'which are more in conformity with the size of the lots in the neighborhood. If there is anything elsefyou or the board need please do not hesitate to contact me. i G 3trVery t y yours, i i ;icia C. Moore cc : Mr. And Mrs . Noone i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Robert Kassner Betsey Perkins Legal Assistant Secretary Southold Town Planning Board Ms . Jerry Woodhouse, Chairwoman f� Southold Town Hall 53095 Main Road Southold, NY 11971 i Re : Thomas & Margaret Noone 1000-143-1-4 . 1 (210 Sigsbee Road, Mattituck) Dear Ms . Woodhouse and Board: Enclosed is an application made to the Zoning Board of Appeals to subdivide into two parcels a; parcel which was developed as three lots in the Mattituck Park Properties, Inc . The property is improved with a single family home located on the northerly portion of the lot . The house and oversized lot is located directly across from the entrance to CVS and next to Dickerson' s Marine Shop. The subdivision of these lots will create two lots which are more in conformity with the size of the lots in the neighborhood. i An application will be submitted to the Planning Board if the Zoning Board approves the variance . If there is anything else you or the board need please do not hesitate to contact me . i Ver ly yours, j ricia C. Moore cc : Mr. And Mrs . Noone i . s rO ' FORM NO,3 NOTICE OF DISAPPROVAL DATE: October 1, 2007 TO: Thomas &Margaret Noone 210 Sigsbee Road Mattituck,NY 11952 Please take notice that your application datedli September 19, 2007 For permit for subdivision at j i a Location of property 210 Sigsbee Road, Mattituck,NY County Tax Map,No. 1000 - Section 143 Block 1 Lot 4.1 Is returned--h-erewith and disapproved--oft-the fallowing grounds: The proposed 3-lot subdivision, on a nonconforming 21,000 square foot lot in the Residential R-40 District is not permitted pursuant to Article I'�, Section 280-18,which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District;unless the same conforms to the requirements of the Bulk Schedule"and of the Parking Schedule, with the same force and effect as if such regulations :. were set forth herein in full." :5r �?n Bulk Schedule requires a minimum lot size of X40,000 square feet. Following the proposed subdivision, each of the lots will be non-conforming, at+/4,000 sq re feet in total size. "`.�-ln addition, the proposed subdivision will result in an accessory shed being located on a vacant lot 05) '-',F,-,-which is not permitted pursuant to Article IV, Section 280-17, A., "Permitted uses." I A frame shed is not a permitted principle use. In addition, the proposed subdivision will result in a new single side yard of 2 feet and a total side yard setback of 13 feet, (proposed lot#4), which isnot permitted pursuant to Article XXIII Section 200- 124, states that nonconforming lots measuring;less than 20,000 square feet in total size require a single side yard setback of 10 feet and a total,side yard setback of 25 feet. i addition the proposed subdivision requires approval from the Southold Town Planning Board. �s of Disapproval was written based on a survey dated 12/16/83 by Sidney B. Brown uthorized Sign re B.A.,Planning. ; r PATRICIA C. MOORE RECEIVED at Law 51020 Main Road Southold, New York 11971 Tel.(516)765-4330 F 2 7 2008 Fax.:(516)765-4643 6 i 0 7 BOARD OF APPEALS February 27, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: THOMAS & MARGARET NOONE PROPERTY ADDRESS: SIGSBEE ROAD, MATTITUCK SCTM: 1000-143-1-4 . 1 HEARING DATE: THURSDAY, FEBRUARY 28, 2008 Dear Chairman: With reference to the above, enclosed please undeliverable notice to one of the neighbors . Thank you. Very truly yours, Patricia oore dy Betsy P rkins LA by encls . "File View Toolbar Help ............... _ = dui l l 1 ► ►( ;' fV _ { 473889 Southold Active FI/S:1 Scharl: Mattttuck School, $ M TSC Holdings,"LLC n__; _. l7oli Fear 2007 Curr Yr R estaurant' Land AV, 900 9650 'Route 25 Land Size,`0.24 acres 11 1`okal wl"'4,100 f uanei,: Total. I Taxable Value MiiQellaneous Name: -TSiC;Holdings LLC County: 4.100°- Book: 12476 ¢ Addl4ddf,, Muni: .. -4,100 Page- 356 Sfreet: ' '46520° Route 48. School- 4,100 Mortg: PO Bbs, Bank City; Southold,IVY Zip:, 11971. . Schl atter Star 00I1 ,4cak No: 14 ' Sale -.Total- 2 SiteA of 1 Land 0 of.0 Book Page. ' Sale Date Sale Price , 'Owne'r . Prpcls: -'Restaurant � 12476 356 , - ` 1'0/05/06 300,060 TSC Haldinus 1_1 Nbad Cd:0 12333 751 r '061A/04' ' 325,.006,6'tile Concebts J Sewer: Examptiori Total' '0 Term Own Building: Section: Total:'0. Code Amount Year Pct Special District Total: 4 Valuel° Improvement Total: 0' Code' Units Pct Type` Move Tax Type Name' Dim1 M2 ' SQFT Yr Built I FDO30 lalattituck,FIl 00 < _00- P011', Mattitucic"Parl- -_00 , .00 00 - „M r"Y" , .. %. " ' a ,� — ° s., .. ., ,x " '— %..•..` a :,y Doubleclickto open a windo+ K TOWN MEMO TO: Planning Board FROM: James Dinizio, Jr., ZBA Chairman DATE: December 27, 2007 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the subdivision 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 Noone, 1143-1- 6107 10/30/07 Minor Plot Plan Sidney Thomas and 4.1;R-40 Subdivision;280- dated Bowne & Son Margaret 18 12/16/83 Your comments are appreciated by 1/15/08 Thank you. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 FEB Z 7 2008 Tel. (516)765-4330 Fax.: (516)765-4643 SOAR® OF APPEALS February 25, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: THOMAS & MARGARET NOONE PROPERTY ADDRESS: SIGSBEE ROAD, MATTITUCK SCTM: 1000-143-1-4 . 1 HEARING DATE: THURSDAY, FEBRUARY 28, 2008 r Dear Chairman: With reference to the above, enclosed please find Affidavit of Posting and green certified mail receipt card received as of date . Thank you. Very truly your Patricia !By Bets P rkins LA by encls . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel-(516)765-4330 Fax (516)765-4643 February 13 , 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: THOMAS & MARGARET NOONE i PROPERTY ADDRESS: SIGSBEE ROAD, MATTITUCK SCTM: 1000-143-1-4 . 1 HEARING DATE: THURSDAY, FEBRUARY 28, 2008 Dear Chairman: With reference to the above, enclosed please find Affidavit of Mailing, certified mail 'receipts and copy of letter forwarded to adjacent neighbors and green certified mail receipt cards received as of date. Thank you. Very truly yours, Patrice Cr 'Moore By Bet y rkins LA w r by encls . Sender: 4. Restricted Delivery?' 3.Service Type j .I ti PATRICIA C• MOORE ESQ ` of 51020 MAIN ROAD (Extra Fee) ❑Yes CERTIFIED ri f SOUTHOLD NY 11971 C3 cl 2. Article Number �fFig, 0 7192 6463 3110 0000 02321 a ®' M s s m r m .mol A. Signature. (❑Addressee or❑Agent) 'nl � 111111 VIII IIII ��IIIIIIIIIIIIIIIIIIIIIII 4i 117I B. 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SEND TO SEND,T- C,a SEND�T.CI" �� q�6 - MARIE RAMBO DEBRA J TIMPONE TSC HOLDINGS-I I ,WAL,•TER B KOCf,�-1\_All ), 225 SIGSBEE ROAD PO BOX 155 i 46020 RTE 25� a� RUTH H KOCH© MATTITUCK NY 11952 LAUREL NY 11948 f SOtUTHOeLpDY.11971 I PO SOX 225 X' $ 1 l �DLAU�\EL Ns11948 0 " 6s Rr p J. J h � C"n w _ '`' i FEES' FEES: I FEES FEES; ! a P>ostage a X041 Postage,s t 041 I Postage 041 postage- , w'' 0 41 Eertified Fee 65 Cert ied Fe 2 65 i Certified Fee 265 I Certified Fee 265 RetuT%eceipt 9e 2 15 R i-Receipt 215 Return Receipt 215 knTcted i Restricted Return Receipt Y 215 �epsff ed J Restricted 1 T TALC_ tiT0 A ® $5 21 TOTAL $5 21 ^� TOTAL $5.21 �, �' R a q ((�� I I POSTMARK-OR DATE POSTMAR -OR DATE POSTMARK OR DATE POSTMARK OR DATE RECEIPT f RECEIPT 7192 6463 3110 0000 0263 7192 6463 3110 0000 0270 RECEIPT 7192 6463 3110 0000 0348 FROM„ FROM: FROM. C Moore Esq + Patncia C Moore Esq PatriciaPa cia C ZBA HEARING j RE NOONE ZBA HEARING j RE no C Moore Esq f , RE noon zba hearing SEND TO: a y �SgrDjAVITD 0. I SEND4Y, M gg HAASF JOSEPH PERINO r USAN'HAAS !• p I 11201�q��OR°I ANE f�A J TIMP4 UfCHOGUE NY 1�9 ! �' p 'BOX 155 cy 275 STUCK Y, j .� dd tIREL N, g48 f �� ITUCK NY/11�9�52.' 1� FEES.' #' j FEESt ,r. c FE Postage 041 I ^,x Ce'`'a9� ": 85 1 Posreg 0'41 Certified Fee 265 , f, �� Fee Return Receipt 215 Return, e�eipt Ceturn ae I �2 65 J Resfnctatl! y?� 'Z 15 turn Recelp 2 15 Restricted TOTAL �I'��� Restricted i TOTAL $521 i $5.21 TOTAL POSTMARK OR DATE $481 E POSTMARK OR DATE POSTMARK OR DATE � � i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 February 8, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: THOMAS & MARGARET NOONE PROPERTY ADDRESS: SIGSBEE ROAD, MATTITUCK SCTM: 1000-143-1-4 . 1 Dear Neighbor: I represent the above with regard to their property located at Sigsbee Road, Mattituck. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for a proposed 2 lot subdivision with an area of less than 40, 0000 square feet in and less than 150 feet of width (frontage) and less than 175 feet of depth in this R-40 Low-Density Residential Zone District, located along the westerly side of Sigsbee Road, commencing approximately 210 feet south of the Main Road, Mattituck. The hearing on this matter is scheduled for THURSDAY, FEBRUARY 28, 2008 AT 12 : 35 P.M. at Southold Town Hall . A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very truly yours, c' --p-a-tocia�Cmoore PCM/bp encls . C: Mr. & Mrs . Noone Office Location: �p��Su ` COG Mailing Address: y� Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) $ ^� P.O. Box 1179 Southold,NY 11971 y p�� Southold,NY 11971-0959 dol � �a http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Date: TOTAL NO. [O.OF PAGES INCLUDING COVER: 0 -Z/- SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE::__ _ 8A Z� 6-C-2 kk C4 ❑ URGENT ❑ FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ _______________ NOTES/COMMENTS: Please find attached copy/copies of the following: r 'y�� •d. CSW /lflti�l� l U S Thank you. _. Sender's Initials: /Yl _NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net January 29, 2008 Re: Town Code Chapter 55 — Public Notices for Thursday, February 28, 2008 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 February ,,th : 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 as soon as possible; AND not later than February 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 February 20th' 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 prior to February 28, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. Office Location: $11FFDt4r USPS Mailing Address: � G Town Annex/First Floor,North Fork Bank y� 53095 Main Road 54375 Main Road(at Youngs Avenue) y 2 P.O. Box 1179 Southold,NY 11971 Oy �� Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 January 3, 2008 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. 6107 Noone Action Requested: Subdivision 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, Gerard P. Goehringer, Chairman By: Enclosures J - �I OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 Email: Linda.Kowalski@Town.Southold.ny.us (631) 765-1809 (ext. 5011 at start of recording) fax (631) 765-9064 http://southoldtown.northfork.net REPLY January 2, 2008 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 ZB Ref# 6107 - Thomas and Margaret Noone Date of Building Inspector's Notice of Disapproval: October 1, 2007 Dear Sir or Madam: In reviewing the above application and recent submission of maps and documents for review by this department, this will confirm that the following information has not furnished and is necessary for review, before the application may be deemed complete: 1) written confirmation as to whether or not you wish to appeal the amended Notice of Disapproval issued by the Building Inspector after October 1, 2007, 2) if the application is amended, please attached your written request and seven (7) copies of the amended Notice of Disapproval, and 3) written confirmation as to the minimum lot area for each of the two parcels, and the amount of relief requested for each variance (area and width). Thank,you. O App. Name' O Tax Map O File No. D II s�Qrta l Board Member Ruth D. OlivaE i Search: =`=� Q Other Hearing Time: 3:23 PM File Number• 6107 _ Tax Map;. 143.-1-4,1 `App. Name: Noone,Thomas and Margaret 4k : Ok to send memo to PB Jan 3, 08. t�Hamlet Mattituck M ,Type: Residential Zone i Status: New i'Action: E Location 1210 Sigsbee Road Short two-lot Subdivision; create undersized lots (280- ;t ; }Desc.: 28); side yard setbacks on lot created with house Copy r .'280-124; shed alone on other lot 280-17 i I ' 12/27/07 Called Margaret- awaiting maps with lot '. Notes sizes, Lot #s, possible amended BI ND which says 3 I;,. lot subd but attorney says 2 lots. . =�,r.x-"x^_ma.—cr. .e.m•m--'x ^:x'=-+:.-...s:—�^ ^:n... M..A..:.:.m x^._w...2�x.,�.....::.c.m......,.e...xs^:..: r............+....... ... .... ....:.. . ........ .. ::...."...._ ..., , .......`.. ..... ...,_. 1 7/2007 2:45 PM : Chi S ' NUM.., ;' Developed by the Southold Town Data Processing Department;' NuTltm� I A k "he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : FAME : NOONE , T M . #6707 I 1AP # mE 143- 1 -4. 7 APPEAL : Two- Lot Subdivision F-EQUESTom Create Undersized Lots DATE : THURSDAY, Feb . 28 , 72 : 35 PM 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