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~3 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY I 1971-0959 I~CEIVED ~ /l ' oo MAY 2 9 2009 $°"'~ld To;n Cl-~ri FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: MAY 19, 2009 ZBA File # 6236 - MICHAEL and THERESE HUGHES, Applicants Location of Property: 9525 Main Road, Mattituck; CTM 1000-122-6-13 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly 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 its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. BASIS OF APPLICATION: Zoning Code Sections 280-4 and 280-12, based upon an application for a building permit and the Building Inspector's September 22, 2008 Notice of Disapproval stating that the as-built replacement mobile home is not permitted for two reasons: (1) it constitutes a second dwelling unit, and (2) it contains less than the code required 850 square feet of living area for a dwelling unit. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009 and April 23, 2009 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: RELIEF REQUESTED: The applicants seek permission to retain the as-built mobile home they installed to replace a deteriorated one for which there was a valid Certificate of Occupancy, either by being granted a variance to allow a second dwelling unit having less than 850 square feet of living area, or by permission to apply for a permit for the as-built replacement mobile home. Page 2- rvlay 19, 2009 ZBA # 6236 - Michael and Theresa Hughes CTM 1000-122-6-13 ADDITIONAL INFORMATION/UNIQUE CIRCUMSTANCES: The purchase of the parcel was contingent on active Certificates of Occupancy on both the primary dwelling and the accessory mobile home. In fact, the record indicates that a Pre-Existing Certificate of Occupancy #Z-23136 issued August 2, 1994 for three buildings on the property: a single-family dwelling with accessory cement block storage building and trailer. The September 22, 2008 Notice of Disapproval indicates "as built" construction on this 38,433 sq. ft. parcel, Article Ill Section 280-12 Permitted Uses, One Family detached dwellings, not to exceed one family dwelling on each lot, in that the mobile home constitutes a second dwelling unit. In addition, the "as built" dwelling mobile home is not permitted, Article I, Section 280-4, which defines a dwelling unit with a minimum of 850 square feet and the Notice of Disapproval further indicates that the existing mobile home is less than 850 sq. ft. in size in an R-40 zoned district. The applicants testified that they relied on information from their attorney with regard to the replacement of a substandard and dilapidated mobile home. This information or advice was incorrect. The applicant's attorney believed that the pre-existing Certificate of Occupancy for the existing accessory mobile home could be transferred to a replacement mobile home. Relying on this legal opinion, the owners replaced the new accessory mobile home with a slightly larger and newer, updated unit in the same location. Reasons for Board Action: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The Board finds that the Code is unclear as to whether a mobile home is a dwelling unit and is subject to the 850 square foot minimum. The code defines a trailer or mobile home as "a vehicle mounted on wheels.., to be used for living or sleeping quarters or so as to permit cooking." (280-4) It does not state a minimum size, nor does it specifically identify it as a dwelling unit. Not all dwelling units identified in the code are subject to the 850 square foot minimum rule. The code does not state that mobile home is a dwelling unit, and even if it did, it does not specify any minimum I!ving area at all. (The code does state that an apartment is a dwelling unit, one that must have a minimum of 450 square feet living space.) The Board concludes that, at least for the purposes of minimum size, an accessory mobile home is either not a dwelling unit under the code, or it is a dwelling unit to which the 850 square foot minimum does not apply. 2. Town Law §267-b(3)(b)(3)(1). Grant of permission to allow the replacement of the mobile home will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because: a. The replacement of the substandard and dilapidated mobile home with a newer, up to date and more conforming mobile home is an enhancement to the property. b. After purchasing the subject property, the applicants cleaned and re-shingled the primary home on the site and installed a new asphalt driveway, as well as replacing the former mobile home. Page 3 - May 19, 2009 ZBA # 6236 - Michael and Theresa Hughes CTM 1000-122-6-13 The vast improvements made to the parcel assisted in changing the poor condition of the property that existed before the present owners purchased this improved properly. 2. Town Law ~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved, given the history of the property, by some method, feasible for the applicant to pursue, other than an interpretation that allows retention of the replacement mobile home. The pre-existing mobile home was replaced with a more up to date accessory structure, with sleeping and. kitchen facilities. The replacement of the former mobile home created no specific adverse change on the premises and created an improved, much more functional accessory structure. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial. The variance requested in this application is the maximum that the Board would approve based on the record for this application and because the applicants had a Cedificate of Occupancy for an accessory mobile home on this site, dated August 2, 1994. The replacement of a larger more up to date unit is the smallest mobile home that the applicants could locate for the replacement at this specific site. 4. Town Law §267-b(3)(b){3). The difficulty has been self created when the newer accessory mobile home replaced the prior structure without a new building permit, although the same benefit was enjoyed in the prior mobile home, acquired rights under Preexisting Certificate of Occupancy #Z-23136 as a habitable structure. 5. Town Law .~267-b(3)(b)(4). The board finds no evidence to suggest that granting this relief in this community consisting of mixed business and residential zoning uses will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law ,~267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OFFERED: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, concerning the accessory mobile home as an accessory to the main dwelling and containing sleeping/cooking facilities, as a replacement of the nonconforming use permitted under the 1994 Certificate of Occupancy SUBJECT to the following Conditions: Applicants must apply for a Certificate of Occupancy for the mobile home; This variance approval is based upon the June 25, 2008 survey prepared and certified by John C. Ehlers, Licensed Land Surveyor (submitted as part of the ZBA hearing and application file). Page 4 - May 19, 2009 ZBA# 6236 - Michael and Theresa Hughes CTM 1000-122-6-13 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the permission granted, such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goe~~n), Oliva, Simon, and Schneider. (MemberWeisman was absent.) This Resoluiion~was'dul~op(.~). --, .. GE~.RAI~D P. GOEHRINGER, CH,~IRMC, N' 51z¢/2009 .~proved for Filing Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May'~'~, 2009 Mr. & Mrs. Michael Hughes P.O. BOX 528 Mattituck, NY 11952 Re: ZBA #6236 - Michael and Therese Hughes Variance application Dear Mr. and Mrs. Hughes: Transmitted for your records is a copy of the Board's May 19, 2009 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 submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decisior~ to: Building Department Planning Board Town Clerk (Original for filing) Linda Kowalski C( NTY OF SUFFOLK RECE!VE I DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP ~/"/ DIRECTOR OF PLANNING December 5, 2008 9~'~-- Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as them appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Hughes, Michael & Therese* Moskowitz, Jacqueline Kaufer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry i'opper, Lewis 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could undermine the Town's Zoning Code. TRK:ds Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631 } 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 SURVEY OF PROPERTY SITUATE: MAITITUCK TOWN: $OUTHOLD SUFFOLK COUNTY, NY · · 0 Areo MONUMENT FOUND STAKE FOUND PIPE FOUND = 38,432 S. F. = 0.8823 Acres N W -.?. , E S GRAPHIC SCALE I"= 0 30 JOHN C. EHLERS 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 qO 369-8288 Fax369-8287 RECEIVED OCT 2 200§ LAND SURVEYOR N.Y.S. LIC. NO. 50202 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Michael K & Therese Hughes PO Box 528 Mattituck, NY 11952 Please take notice that your application dated March 24, 2008 For renewal of a permit for an as built replacement mobile home at Location of property: 9525 Main Road, Mattituck, NY County Tax Map No. 1000 - Section 122 Block 6 Lot 1~3 DATE: September 22, 2008 Is rctumed herewith and disapproved on the following grounds: The "as built" construction, on this 38,433 square foot parcel, in the Residential R-40 District, is not pursuant to Article III, Section 280-12, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." The mobile home constitutes a second dwelling unit. In addition, the "as built" mobile home is not permitted pursuant to Article I, Section 280-4, DWELLING UNIT -- A building or entirely self-contained portion thereof consisting of a minimum living area of 850 square feet containing complete housekeeping facilities for only one family~ including any domestic servants employed on the premises~ and having no enclosed space~ other than vestibules~ entrance or other hallways or porches~ or cooking or sanitary facilities in common with any "dwelling unit." A house trailer~ a hoarding- or rooming house~ convalescent home~ fraternity or sorority house~ hotel~ motel~ inn~ lodging or nursing or similar home or other similar structure shall not be deemed to constitute a "dwelling unit." 0 squ.~e feet in size. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Michael K & Therese Hughes PO Box 528 Mattituck, NY 11952 Please take notice that your application dated March 24, 2008 For renewal of a permit for an as built replacement mobile home at DATE: September 22, 2008 RECEIVED ZONING BOARD OF APP.:ALS Location of property: 9525 Main Road, Mattituck, NY County Tax Map No. 1000- Section 122 Block 6 Lot 1~3 ls returned herewith and disapproved on the following grounds: The "as built" construction, on this 38,433 square foot parcel, in the Residential R-40 District, is not pursuant to Article 1II, Section 280-12, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." The mobile home constitutes a second dwelling unit. In addition, the "as built" mobile home is not permitted pursuant to Article I, Section 280-4, DWELLING UNIT -- A building or entirely self-contained portion thereof consisting of a minimum living area of 850 square feet cont~ininp~ complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrance or other hallways or porches, or cooking or sanitary, facilities in common with any "dwelling unit." A house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotei~ motel, inn, lodging or nursing or similar home or other similar structure shall not be deemed to coqstilnr~dwelling unit." Note to Alfplicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Model 860 "Ricky III 14" 14 x 60 (784 S, Ft.) 3 Bedroom 2 Bathroom Page 1 of I Giles Info Single Section Multi Section Contact Us Giles Single Section Floor Plans Model 860 "Ricky III 14" 14 x 60 (784 Sq. Ft.) 3 Bedroom 2 Bathroom ~ W D Bedroam~2 D~n~n~ Ro~m 11~x8, ~. Badre~m ~3 Kilgben Uvlng Room 13~ x 13~ Ma~ter Bedroom Dealer Section Print ~ad~r~ __ .~/ No Images .~ ~'3/,/ Available . Other Variations Available: 16 Wide Click here for decor options. Click here to find a dealer and see this home today! Note: All dimensions should be considered approximations, specifications subject to change. Home lengths include four foot hitch. Contact your local Giles Dealer for details. ©Cop. yri~ht 2000~2006 Gi!ee, Industries, Inc. Friday, August 'igth, 2006 http://www.gilesindustries.com/FP.php?m=860&w= 14&f-0 08/18/2006 ' '~' APPLICATIOIO THE SOUTHOLD 5S RECEIVED Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. OCT 2 ~:On~ House No.~t~¢ Street ~9q4% /~d Hamlet SCTM 1000 Section/J-~, Block ~ Lot(s) j ~ Lot Size l t2C4~a Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON DATED Applicant(s)/Owner(s): fY/_i~-C~{ l~ 'k '5'~x~/'~'~'t° MailingAddress: pO P,- y Telephone: ~51A'tcQ 7415o Eax #: 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 r¢pfgsellt$: Name of Representative: for( )Owner, or ( )Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspondence to be mailed to, from the above natnes: ~i~Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED ~/~~ [ 0 ~ FOR: ~Building Permit [] Certificate of Occupancy D Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Section 280- Subsection Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, No. Year assistance.) ~.(pihas not been made at time with to this UNDER any respect property, Appeal ease be sure to research before completing this question or call our office for Name of Owner: mic e£ 'C&ece e REASONS FOR APPEAL (additional sheets raa¥ be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of th Zl~ile # detriment to nearby properties if granted, because: ~]~¢ t'.e~plo_¢en~o4~ (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: ~a ~ ~a ~tg~ a.n~ rio [ (3 The amount of relief requested is not substantial because: ~H~ (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~qt~L I~q .~/- "~c ~L/,{-~, 10~DqS~[_~ (5) Has the allegeO difflcuiW been sel~-c~eated? (~es, or ( )No. ~ ~ ~~ Are there Covenants and Restrictions concerning this land: ~' No. a Yes (~lease furnish co~v). 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 consult your attorney.) Sworn to before me this day of ~ 20~. Notary Public Signature of Appellan~l' Authorized Agent (Agent must submit written Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~J'LtCJ~'-.P~ q [~ ~~ Date~epared: 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): Is basement or lowest floor area being constructed? If y~lease provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Struct.~al Changes) (attach extra sheet if necessary) - Please describe building areas.~.-/ Number of Floors and General Characteristics BE~lterations: 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: a 0 V. Purpose ofNew Construction: ~471aO,.c-g~t)c 0.4'' 2-qga~ c)tcl a~-o~, Lo_ ~,-o~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Page 3 of 3 - Appeal Application F'aH B: REASONS FOR USE VARIANCE (if requested~; ~J/ ~ For Each and Every Permlfted Use under the Zoning Regulations the Project is Located (please consult your attorney bei~ore co~ RECEIVED ZONtNG 8OARD OF APPEALS Particular District Where 1. Applicant cannot realize a reasonable return for zoning regulations for the particular district where the competent flnanclal evidence. The applicant CAN (describe on a separate sheet). every permitted use under the located, demonstrated by realize a REASONABLE RETURN because: 2. The alleged hardship relating fo the prop unique because: 3. The alleged hardship does not ap 'to a substantial portion of the district or neighborhood because: 4. The request will not alter essential character of the neighborhood because: 5, The alleged hardsl has not been self-created because: 6. This ts the relief necessary, while af the same time preserving and protecting the character of .. neighborhood, and the health, safety and welfare of the community. (Please explain on/a~eparate sheet il necessan/.) 7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet if necessa~.) ( ) Check this box and complete PART A, Questions on previous page to apply_ AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the slRnafure and notary area below. Sworn to before me this ~- u~4 D ...~j:iey of~..t~,e~,.~,~..~...., 200j~' ' ~Nota~ Public) vT/ ~ Signature of Appellant or ~thorlzed Agent (Agent must submit Authorization from Owner) ~.. PU~ J,f:-S',;A;;E OC ~EWYOR~ COMMIS$~)Iq F.J(PIRES MAY 31/;Z~ I .I ZBA App 9/30/02 QUESTIONNAIRE FOR FII,ING WITlf YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? O Yes '~o RECEIVED Are there any proposals to change or alter land contours? ~:No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have yo~4 contacted the office of the fown Trustees for its determination of jurisdiction? ~'q/~ Please confirm status of your ~nquiry 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? ~ ~) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~0 (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? ~q 0 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~/~ If yes, please label the proximity of your lands on your map with this application. ! H. elease list present use or operations conducted at this p~arcel . OtSi~.~--ll).,.[ ..... and proposed use hfs ~ ~tqn 0,-1 (examples: existing: single-family; proposed: same with garage or pool, or other describtion.) Authorized Signatur/aand Date 2/05; 1/07 617.21 Appendix C State Environmental Quality Re~ie~v SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project kffonnation (To be complete by Applicant or Project 1. Applicant/Sponsor SEQR Project location: Municipalily 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION ~) MODIFICATION / ALTERATION 7. Amount of land affected: Initially: q~f.~l~ ~.~3fi~',cres; 8. Will proposed action comply w~[h existing or other e~sting land use rest~ctions:( ~)'YES ( ) HO If No, descdbe briefly: 9. What is present land use in vicinity of project: (describe): (¢') Residential ( ) Industrial (~,~'Commercial ( ) Agricultural ( ) ParkJForesb'Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(FederaL State or Local) ? If Yes, list agency(s) and permit/approvals: ) YES Does any aspect of the action have a currently valid permit or approval? v0 YES ( ) NO If Yes, list agency(s) and permitJapprovals: c r4- of ccc, As a result of proposed action, ~11 e~stlng pe~iFapproval require modifi~don? I ce~l~ that the info.alien provided a~vels true to the best of my k~owledge Applicant / Sponsor Name: Sigrtature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPI T~SACTIONAL DISCLOSURE FO~ .ICAB~TO OWNER, CONTRACT VENDEE A~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 To,am of possible conflicts of interest and allow it to take whatever action is necessary to~ (Last na he name of ~lsc other eutity, such as a company. If so, indicate the other person or company nam :.) NATURE OF .%PPLICATION. (Check all that apply.) zoN~q~ 8OAnD 0~: Variance Special Exception *©ther Approval or Exemption from plat or official map Change of Zone Tax Grievance If Other name the acavlty: Do you personally (or through your company, spouse, sibling, parent, or child) have a relafionship with any officer or employee of the Town of Southold? "Relationship~ _blood~ or business interest. "Bushiness in~terest" means a business includin, a ~fich the Tovm officer o~rr employee has even a~partial ownershi of or ~oration - -- __ in which the Town officer or employee owns more~ shares. --. -- YES ...... NO If you attsu,ered "YEN", complete the bala~tce of this forth and date artd sigtt inhere i, dicated. Name of person employed by the Town of Southold: Title or position {)l'thal pe~ son: ........... Desc~sbe that relationship heiwveen yourself (the applicant, agent or contract vendee) aud the Town officer o~ employee. Either check the appropriate line A through D (below) an(i/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 owuer 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 m a non-corporate entity (when the applicant is not a corporation); __ _ C) au officer, director, partner, or employee of the applicanl: or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~_ day of Signature: Print Name: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 6, 2008 Zoning Appeal No. 6236 Transmitted herewith is Zoning Appeals No. 6236 of Michael K & Therese Hughes- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Letter from Michael & Therese Hughes Explaining the request for Zoning Appeal Dated September 24, 2008, I Page of Photos of Property & Surrounding Property, Notice of Disapproval from Building Department Dated September 22, 2008, Certificate of Occupancy Dated August 2, 1994 Listing One Family Dwelling & Accessory Cement Block Storage Building & Trailer, Copy of Inspection Report Dated July 20, 1994, Copy of Property Record Card (Both Sides), Copy of Floor Plans for Trailer, Copy of Survey Showing Construction as it Existed before Changes Dated September 13, 2006 Prepared by Joseph A. Ingegno, Land Surveyor, Copy of Survey Showing Changes in Construction as it Exists Dated June 25, 2008 Prepared by John C. Ehlers, Land Surveyor, TOWN OF SOUTHOLD BI~ILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved Expiration PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the lbllowing, before applying? Board of Health 4 sets of Building Plans Pla~ming Board approval Survey ~ Check ~> ~'~ ~ Septic Form N.Y.S.D.E.C. Trustees Flood Permit Stom~-Water Assessment Form Contact: Mail,to: q4 ct/,ael eme APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on promises, 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 havc 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, lbr 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. (Mailing address of applicant)/ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~t"~t..t2~[ ~,,'~Z~lC~< -,t' '-~¥~C__~-Ig '-~L1-/%M<<:~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. L2~ation of land on which pro_posed,work will be done: House Number Street County Tax Map No. 1000 Section /~-~ Block Subdivision Hamlet Filed~}~fap No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~eZkgitt d".O~ ~O_~ q- DgDJo~ /r~)p,,t~ -_b'x~ i'P~.t~ b. Intended use and occupancy Nature of work (check which applicable): New Building_ Repair Removal Demolition Estimated Cost ~,/~ "~Oj OC~ -- If dwelling, number of dwelling units If garage, number of cars (2~ Addition Alteration OtherWork ~-0;?t~lf__.~ O'l~[-/~' bbOO't-~, L (Description) Fee 'P[Z> ~.~ -- (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front /?--) Rear Height_ Number of Stories Dimensions of sa?/e..~s!ructure with alterations or additions: Front Depth ~ Height. Number of Stories 9. Sizeoflot: Front 10. Date of Purchase Depth ?((_2 Rear Dimensions of entire new construction: Front Height Number of Stories Rear ,~3 [ O ["~/cg'O0 {..6, Name of Former Owner 11. Zone or use district in which premises are situated Rear Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO 13. Will lot be re-graded? YES__ NO '~ Will excess fill be removed fi'om premises? YES __ NO__ 14. Names of Oxvner of premises .4q-t2~. I,L~ $' Name of Architect J Address t ' t' t Phone No Name of Contractor Address Phone No. 15 a. is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * 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 * 1F YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, ~vith 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 · IF YES, PROVIDE A COPY. NO L.---"" ST ATE OF NEW YORK) COUNTY O~ ,~,l & ~~ - being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing co t~act) above named, (S)He is the ~tJ'l_l)Yl ~1,// (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn ta before me this, / ~1 _ _/ _ _~. _3~f_. day of: V/A0~'x 20~_ ' ' ~ota~u~ic MELANIE OOROSB . . ~ ~ NOTARY PUBLIC, State o~ New ~m No. 01 D04634870 Oualified in Suffolk Coun~ m/x,.~ ~nmmiqqinn F~nim~ S*ntamba[ 30,~t.c' /~ TOWN OF SOUTHOLD PI~OPERTY~'REC~D CARD OWNERI>--~~'~-Lg~'. ~ STRE~r. ~~ v,~ ~ ~,s,~ ~ su,'~ ~. ~o, l LAND SEAS. IMP. . _ARMF VL. TOTAL DATE COM/~~ MISC. CB. Est. Mkt. Value REMARKS AGE BUILDING CONDITION NEW NOR,MAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woadland Swampland Brushlond House Plot FRONTAGE ON ROAD BU LKHEA[~_/_~O.~ DOCK ~.~_~. Foundation C-t~,2~ ..... Bath Basement ~r~ In,er,or ~xt. Wails_ ~tension ] xtension reezeway Patio Fire Place '~'" _r 9 '~T~) Driveway Porch Roof Type Porch qooms 1st Floor Rooms 2nd Floor Dormer ~ES. R/o :OBMER OWI~ER ' J ~, ¢~"--i-. ~,...,~ /,. ....~., s s~s. VL J I ~N~ IMP. TOTAL J DATE .,,~ O0 TOWN OF SOUTHOLD PROPERTY RECO~ CArD~'- ~d¢ AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland NORMAL Acre S~,oi,,~Jond Brushland ' BUILDING CONDITIC~, BELOW Value Per Acre VILLAGE DISTRICT SUB. COMM. IND. LOT ACREAGE TYPEOF BUILDING I/~',fl ,,~ ,,~ House Plot Value REMARKS /.._¢ ~r¢ ~,3~- .X~ f ¢ ~. ~///~ *~ I ~ ~ ~ -~ P~,~s +~ ~dl,'~ -~c -~ ~,~ ABOVE Extension Ext. Walls Interior Fini,h ~ Po~h Rooms '1st Floor Br~ez~o Potio R~ms 2nd Flor · -. ~ rage Dri~way O.D. ~ ~ ~, DATE: ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) RECE!VE-~ OCT ~ 10-3-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE,,~.TAMP #6236 HUGHES, M. & T. #1972 $600.00 0~CT " ..... ~[ci Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: __.pmk Thank you. , Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/03/08 * * * RECEIPT * * * Receipt#: 29503 Transaction(s): 1 1 Application Fees Reference Subtotal 6236 $600.00 Check#: 1972 Total Paid: $600.00 Name: Hughes, Michael Kevin 605 Bay Shore Road Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6236 NO ~-23136 Date THIS CERTIFIES that the buildLn9 AUOUST 2t 1994 Rev. 1/81 FIFCEIVED AUG-O1-2006 1~:4~ FROM: AUG 01 ~06 01:04PM ~OUTHOLD~I_~)IN~ b~l TO:G~l~850 ~ &VAt~ ~'~~ ~ ~'-... )~1~). . , . ' ~ ~ ~ ~ .... ~ ~,, c~ ~__ - ~ ,, ,2.'~ ,, -.~*~"c~ .... P.002/002 J OCl 2,.zo~ ~O OF APPEALS September 24, 2008 Michael and Therese Hughes PO Box 528 Mattituck, NY 11952 631-477-1130 Southold Town Zoning Board of Appeals 53095 Main Road PO Box l 179 Soutbold, NY 11971 Re: Notice of disapproval dated 9/22/08. The subject property is located at 9525 Main Road, Mattituck NY. We also own the commercial property next door, which is North Shore Yacht Sales, at 9605 Main Road. When we purchased the residential properties in October 2006, the dwellings were in a state of severe disrepair and the property was being used as the neighborhood garbage dump. This is highly visible, Main Road property, and are some of the first homes you see when you enter Mattituck. We have invested a tremendous amount of time, effort and money into improving the quality and appearance of these homes. The property had a small cottage, a mobile home and a 1-1/2 story' cement block storage building. The CO for the house (cottage) lists the mobile home and storage building as accessory units. After closing on the property I visited Town Hall to renew the trailer permit that the previous owner had & was barred from doing so, Our attorney, Paul Caminiti then advised me that 1 did not need a trailer permit since the trailer was listed on my CO. Because of our purchase of the property, the existing tenants of the mobile home, a Level 3 Sex Offender and drug dealers were made to leave the premises. In our opinion, the mobile home could not be cleaned and repaired to make it fit for any human to live in. Due to difficulty in finding the exact same size trailer, we purchased one slightly larger, which was only two years old & would meet current codes for mobile homes. The first tax bill we received reflected the increase in size of the mobile home and an increase in taxes. We replaced a mobile home with a mobile home. We did not realize that we were required to get a building permit to do that. We didn't "build" it, and we were not aware we needed a building permit to replace it. We were trying to improve the conditions in which tenants would be living. But we didn't create any condition that was not already there. We have made a significant investment in this property, and the bank gave us a mortgage based on the premise that there were two rentable dwellings. Due to the amount of money we have invested with the purchase, clean-up, repairs and replacing the mobile home, it would create a severe hardship if we were not granted this variance. The property is shy I acre, and has less square footage of buildings on it than most parcels with a single, average sized house. The cement storage building collapsed this past year. As shown on the current survey, remaining is a concrete foundation. We have no plans or building permit to rebuild the rear building at this time. Thank you for your time and consideration. It is much appreciated. Sincerely, Therese Hughes this a~conforraihg 6,8~ square, font lot e located at 1980 Leeton D~ rive, Southo il, ~ to the Long lsledd Sout~ ' 8,711 Bi/TH GREENE #6235 ,(as amended 3¢~flg). R/equest for aWafianee under 200 .$Qu~h' Oakwoofl Ce& SecfiCn,280-}4;based on-th~ ~i}d- i~g ~eet0r s March 20 206B~Ntffee'd~ of Lau~el;P~k as ~ 15~an~ part ~; a~glie~tidn for & buildi~ p~rmit to con- 1~30' EM, G~RGE YARROWS ~t~ aa addition (qon~itiohed space). ~6237;~quest to ~t~eh the as-built c0nstmctiok to the tiohs'280-ISC ahd' 280416A(1)' ~g, which as-built construction Will apptichnfis amended applic~tio~ be l~ss ~an the code-required 20 ft. ~- B~&hg I~pe~tBr's amnfle~ ~ 3, imm Rom the side yard~ (~e appt~nt 2009 N~tiee of'D~ap~dv~ d0nc~*~ng ~vit-h~aw the previous r~ues~ for .an a proposed d~]li~g ~th useS. Lo~tion of' Property: 306~ :C.R. tMfi 1'00 f~V~O~'~e~tf~'~f ~bluff or 48 a/k/a Middle Road or'North ~oid), b~k on [qtLgd a~nt'to the L.I, Sound, ~0:20 A.M. PETER BAC~LE edd ~5~t~14. O~ober 16, 2008Nott~ of Dig~O~f~ fit~ ~80~'~8~;~2~ coneern~ga~r~po~ed~es~oryg~e- ~iiaafi& 'B~ h%uildihg pemit md east of Q~ayl~.Ave~ue), Fishers ts- ~ ~{~6~ ~eff ngt permit- land;~1000-9-3-1L · ted fo~',~o tdMbhi:.(1)~it, cqnsfitate~ a 10:35 A.M. DAVID 'BERW~D ~ s~ohd dweHhg uait,,and.{g~ ir'contains 6250, Request for Variances ~der Sbc- less ~a 850 a~re fe~bbf liy~g 9rea. tions 280-1~ aM 280.116A~1¥ ~sed Lo~on,~Lpr~p~a~>~M~:Road' on the Braiding ,lnsp~kor's N~v~b~ (after demohfioa of ~e e~sting dwell- ~g-t&beshea~at*a'th h~ring an~o~ than the code requked mimmum: ks) befo[~ the con~l~sipn of ea~ h~g, sihgle side yard al l~s/man~0~re~};'(fi) ~i6fi%~(~ll h~t ~t~t e~fl er than (~) set~ack less ~ 160 ~eet. ta ~e bluff reCe~ d~[n~ pd~I~ bus~ea htprs find adjacent to the Lohg Isled Sdund.-h phor to ~e daj of ~e~hea~g. ~ you coverag~ in excess of the code limitaton to conifer aM, d~ al (631) 765-1809 caffon of Property:'152S Aquavmw Ay- Dated:ApriL6.2009. HOLDINGfilNC. aha .EDUCA~iDN- O~AI~N AL & CUL~ ~ OF ~ ~ LINDA ~OWA~I JOl~ INDUS~Y BOA~ FOR 5!375 Ma~ ROkd'(Offi~e Location) T~ ELE~RICAL ~ND~STRY ~3095~1n Road (MaiI~SPS) ~6245 former owner: Demetfiades. E~,Box1179 Santormi Restauran~otel . Location Sou~old.~ 11~1-0959 of ~operty: 38~ Duck.Pond Road. Cm )251-1,T LEGAL N~CE -- tc~ogue adjacent to .L.L,,Sound. ~ ZON~G BO~ OFAPPE~BS quests the following, based on the Build- THURSD~,AP~'/3;g0~ /ng Inspector's amended Oaober 20. NOTICE IS HE.BY O~N, put- (a) V4viance undtr ~nmg ~de Sec- suant to Sect{Off267 of theWown Law and tion 280-36'based on an,agphmfion for a Town ~de Chapter 280 (Zonh~g),To~ buitding ~ermn to construct a new~u~ d- wilI~ held by ~a SO~O~ TO~ of 2~ St~es: (b) Sfft~iaI'Ex;~tion under ,~nmg Box 1179, S~old, N¢~ Ydrk iI~1- ~st~bhsh ~se as a conf~rCnce,~a~iy 0959, on~SDAY, AP~ 2~, ¢~09: memb~,p~te trig and ~u~fion . 9:30 , ~M..,EFSTA~IOS and cl~aes:~d ~gYA~ KAT~D~AS.~ 6~70. Re- (c),Spodal Ex.pt{on und~ Zomg STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) 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 each week for 1__ week(s), successively, commencing on the 9th day of April, 2009. Principal Clerk Sworn to before me this day of~ 2009. CHRISTINA VOLINSK~ NOTARY PUBLiC-STATE OF NEW YORK No. 01.VO6105050 Qualified In Suffolk Count'/ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY ! 1971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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, JANUARY 8, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JANUARY 8~ 2009: 9:55 A.M. MICHAEL K. and THERESE HUGHES #6236. Request for Variances under Sections 280-4 and 280-12, based upon an application for a building permit and the Building Inspector's September 22, 2008 Notice of Disapproval stating that the as-built mobile home is not permitted for two reasons: (1) it constitutes a second dwelling unit, and (2) it contains less than 850 square feet of living area. Location of Property: 9525 Main Road, Mattituck; CTM 1000-122-6-13. 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: December 9, 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 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) 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 each week for t week(s), successively, commencing on the 18fh day of_December, 2008. -- Principal ClerN ~ Cday of Sworn to before me this NOTARY PUBLIC-$TA"i'E OF NEW YORK NO. 01,VO6105050 ~u~;i;~ ~'~ ~'olk County ZONING- B~ARD, OF ~PpEALS , NOTICE~IS HEREB'Y GIVt~N~, p~ir] suant to Section 267 of thcTown Lawand Town Code Chapte~[80 (Zonin~);.T6~n~ PEALS, &f;thb Town '~a11,~53095 Maifi Road,,P.O Bo~ lI79,'Southold;4Ncw York 11971-095~pn Tt4URSDA~ ~t~N- CLAYTON G~TE~/~6~06. Request for Varian~b~:c0n'd~ihg :tfiis"l 2~760 sqtiare f0o par¢~ I~fid&rSection ~80-12g, bhsed on the Bu ldlng Ihspeet0r s July 24, 2008 Notice of DisabprovaI concenting a terations ~o theexistil~g dwelling, with a semac~ of less than the ;ode-requffed 1- £t. minimurn single side setback and ldss than 35 fL mmnnum rear yard setback. at 645 Jackson Street. New Suffolk: CTM 9:40 A.M. ANTHONY and BARBA- RA BONAGURA #6081~ Re~taest for a Special Exceptt~n under Zoning Code S~ction 280-13B for approval of an as- built Accessory Apartment with owner- occupancy Jn a~olgle¢l~amdy dwe~ng as enlarged with :rggeil¢~dit~ns~.~t~ 900' Holbrook Lane/I~fi/tfihk?C'3~v~ '113-' ESE ITU GHES ~2}6*.~equest for Varl- ances under Sections 280-4 and 280,12, based up~{ a~applicatio~if0r a b~il~l~ng permit and t~e Building II~spector's Sep- tember 22 2008 Notice of Disapproval stating that the as built mobile home is not permitte¢ for two reasons: (1) it con stitt~tes a second dweging unit, hnd (2) it contains less than 850 square feet of living area. Location of Property: 9525 Main Road, Mattituck; CTM 1000 122- 10:t0 A.M. ~ and ' - ~ ,-_g6228. Re. quest tot a Variance under Sectmn 280- 18,based on the applican s request for a lot-line change mgdthe Building Inspec tot's Notice of D[gapbroval concerning a proposed lot area for 1000-31-8-12.4. at 225 Marion Lane. which lot will become less conforming b7 r~ducing its s~ze from ~ 34,194 square febt 16 30.448 square'[eel m total size. and concdrnlng 1000-3I'- 8-13 a~ 730 Bay Avenue, East Marion. which lot wdl become more conforming by iIxcreasmg its me from 8,340 square feet to 12.086 square feet. 10:30 A.M. ~A M i_N.i .# 6241: Request for Variances under ~-¢c- ~ion 280-124, based on the Building ln- specgor's October 17,2008 Notice of Dis- approval concermng a proposed deck addition at less than the code-required mimmum front yard setback of 35 feet quest for a Varian6e~ under S.~dti6/{ May 12, 2008 Nofic~-~f ~s~pr~val'~a- cerning'~ plopbsed' h~x~ dwel~ w~m a setback at 16~-~tke md~rfi~uffed 1:30 PM. THO~YGF anq~ ~der Section 280-~16A(1), sp~ at less than 10q:feet fiom he op o~ he bank ar bluffofi'a lo adia~ent to Long ~land Sound and wi~'lot coverage this buildable land area of 15.253 sq~re and lot_coverage exceeding rnt C6de feet. at 1690 ~Fne Strand, East Marten: limitation of ~0% on lhLs nonconrorm- . CTM 3b-2-61.. mg +7..31 ac~e at;at 4050 Camp M~ne-. ' 1:50 PM. _Q~,~RGE;~YATRAKiS ola-Road, Matfituck: CTM 123-5220. #6237. Request for Va/%nces,under 10:45 A.M. D N~Q~ZiTO #b233 Request for a Variance unoel ¢ection 280 124. based on the Building Inspec- tor's August 25, 2008 No0c,- of D~sap- proval concernmg an as-built ~utdoor snower additior ~ the smgle-famiiy ~welling wmcn m less man I0 feet ~n single side yard, less than 15 feel on the opposite side yard. resulting In less than 25 feet for total et both side yarns, al tt85 Bungalow Lane. Matdtuck: CTM I23-3-i6. Il:00 A.M. ~ ~KOWIT7 #6238. Lochuon of Prop- erty: 80 Lakeside Drive and Cedar Po n Drive, Souflmld; CTM }000-90-3-14. Re- quest for Variances on th s 14,118 square foot lot, under Zoning Code Sedtions 280-122 and 280-124, based on applica- nons tot braiding permits and the Build- mg inspector's August 22, 2008 Nc .me ~t ZBA g3255 of August 14.1984; Cond~tiono ~nder ZBA #3950 dated Jul) 1i, 19~0 ~h~ch states: the fence and an> screemng shall not exceed 4 ft 6 in. in height in front yard areas above ~zradc, Drwc shaJl rema[q open and un vcge nons 280-15C and 280q16A/]), based on mc Bugdmg inspector's October 8. 2008 Notice m Disapproval concerning a proposed dwelling swimming pool, ~rellis and accessow garage. The rea- cent to the L.L Souhd (2) th~ sa ground swimming )eel is also p~r~ol~osed n a side yardi rather t}/~i¢'~E~.~'6kle~.pelm tted front yard in ffie case o~[ ~wa erfron~ lot, or code~pernfitte'd~rear yard (3) new construcfiot~ is p~Zop6~ed, at less trion the single side yard. Location >f Property 100-26 (.renumbered 280-9 and 280q0)~ land (his :7,700 der the Bulk Schedule for CTM:Parcel pbsgff existing single,family dweEthgi which im~';~onstrU~ii6h Will 5e less than the :y 25, ¢odei~equ~ed minimum of 35 feet for 2008 concerning a proposed sing!~-fami- a rear ~hrd S~tback and whlch exceeds ly dweiling (after demolition of an eMst- ~e md~-Jnaximhm ~ l~tation 6f ~0% lng building) with a p[gposed 5ia~e side i61 ~6~r3~e} at 160~:~]d s~ipyard Lane; yard at less than the ~ode ~equired ~i~i~ Sopthald; ~M 64-~-30. mum of 10 feet less than the required ;i:00 EM; ~NDRECW and ELIZA- combined side yards of~ ~eet, and less :B~H G~ENE g~2}~: ~qd~st fo~ thhn 35 febi from the Rent yard 10t lisae, :.Vfifififi~ds;,udde~C~d~;S6~ti0fis-280q2. at'i3000 MainRoad, East Marion; CTM and 2~Qr),3~:2.a; based on ~he Building 31214-11. Ins~di~r s Jdhd 30, 2008 Notice: 0f Dis- :: ~e-B0ard of App;als will hear.alt approve!concerning an app~cafion for a person~ ox their representativ6s ~esix- - buffd ng p~ ~o att~r the Use pf asa ac- lng to be beard at eacfi hear~g, ~n~0r cess6ry b~ding (second flo0?)from an desking 16 s~bmit wrifteh Statements access0~ use as a garage to tile owner's before the conclusion of each ;h~aring. hom~ oceupatinn offic~ ~;tl~ f~li' bath- Eada bearing'Will not star~ ~m-ser ~an m0m.aff~r rem0yal of the asZbudt kitch; desi~at~d above. Rles are available for en arid C06kMg ~eas, instead bf a home ~eview during regular business hours office ca~fied on in the mum bu~ding, and:p~gae?~;d~ofih~hearin[iI~you __ 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 each week for 1 week(s), successively, commencing on the 1~8th day of_DecemberI 2008. -- Sworn to before me this York 25 feet for a total of both side yards, at 1185 Bungalow Lane, Mattituck; CTM "5" . Not~ce of Disapproval concerning a M©R W . AJ~QU~ proposed secon~-sfory~addition arid hi; ~KQ ~ ~6238. Loeati0n of Prop- tefhti~n~ f~ th~ ~istin~ aweflln~ ~i~ eryc: 80 L~eside Driv~ and ~dar Point setback of less than the c0de-requRe~ ~ ff. m~rn~um ~i~gle side setback ~d ~s q or vanance~ o~ [~1~ 14 ~ 18 square than 35 ft. mtn~um:rear yard setback, ~;tlgt, ~dffz~z)~g ~de Sect!?s .at645JacksonS~e~t, NewSuff01k;C~ . - anu zou-~, based on appbca: 1000211%9-5 2 Uons for b~lding pemfitS and the Build- RA BONAGI IRA ~6081~ RdqQest f0~ ~ pproval concerning a pergola, fence Special Excepgqn under Zonh~g ~d~ height, swinmdng pool, and as-buih ca~ S~ction 280-13B for approoa! of a~'aS~ port structure, g~r thc reasons that: built Accesso~ Apartment with owner- (1) tbe proposed pergola Io be added . t~ the dwclbng structure is not per led HolU~ob~' L~he?Mh~i~?~:~; a* iht, ease in thy dege~ 9'5¢A,M':' };"' ;"' ~';;~:~' ': 5 rd se back and fr nt yard sc ba;k, see s,unde! Sections;280-4 ~d 280~2 C not allowed as pcr based up~n ~g~pp cafi0~f~ a b~ii~]'n ond~mas bndcl ZBA ~3950 da ed July permit and thYBu d~ ~snectot's S~ 11, I990 whmh states: the Ience and an~ tembe~ 22 ~ r . v screening shall act excee f 6 n 2008 Not~ of D sapproval . d 4 . statzng that the aSabuiIt mobile home is height m fr?lt }'ard areas abo~e gr dc, not permute0 for ~o reasons: (1) con- I . smutes a second dwe ng un t and (~) . ' 9' ye It contains less than 850 square feet of Drive shall remain living area. Location of ProperW' 9525 ~* d open and un vege Main Road, Mattduck; ~ 6 13. ]eday of_ 280-124, based on the Building Inspec- tor's August 25, 2008 Notice of Disap- proval concerning an as-built outdoor shower additmn to fl~e single-farnilv dwelgng which is less than.10 feet on ~ single.side yard, less th&n 15 feet on the opposite side yard, resulting itt less than Principal Clerk ~2008. NOTARY PUBLIC4iTA'r~ O1~ NEW YORK No. 01-VO6105050 ~ii,i~ m '~u~olk County '4v Ca~',m~ ~ ~e~ro~fy 28, 2012 30:10 A.M. I~/kNE V--~LLX&~N_F.~ 1'15 PM ~and B~(~I, BRE~LOFF/?6228 Re r r ~ ~ ff~'6~' 7~ ~st (0r a Variance under ~ectio. ~ ~t ~sedon heapp Caut'~re~nh~te ~;,: ~'; ~ [~un~er:~eci0~ 80- lot hne c~mnge ~.~e Bu ldmg Inspec Ma., i' .... .. ~:~i~g tors Notme of Di~ffpnrova ~acz&:- C e~*'~g~9~C9 9r ~3sappEov~ ~n- proposed lot are~ ~[ 1000]3~:8~'.g~: c~'g~;~/P?ppye~y~g~d~e~:~ih a ~5 Man°n Lane, which lot wdl beco: ; ;t ~[~2~ ~e~;~[~2t ~ ~ ~ lessconfor~gbyreducingitgsizeRom: molish~g he e~g b~Ming~ at 2~0 ~ ~,t~ square'fe~t' ~ 30,448 sqaare~eet Broad~ateis Road; Cutch0gue; ~M 8-13 at 730 Bay Avenue, East Mar on, 1'30 EM TH MA w[ich 10 will become more o~,.r,.~' . . ' ' · ~ G a~OYCE ~ ~?ng ,tsme from 8,340 s~,u~e ~ ~223. Request for Var- ~et to 12,086 Square feet. ' ~ .c ~ .... ~o9 280tH~A(!,), 10~0 A.M. R BERT BERG °n me ~ta!ng In~Pect0r's September 2 ~ 2008 Nouce of Disa0pf0val ~neem~g~ $ 6241: Request for Variance~ Under Sec~ proposed accessory swimm~g pool ~d ~n 280424. b~sed 0n the Building In- sph at l~ss hah i0q fe~t fr0rn the i0p spec~;'s October 17 2008 Notich 0f bis the bank or bluff 0n'a io~ ad a~e :approval concer~ng a ioosed J ntto~e ~di~on at less than *~dP- ~ ~eck ~nglsl~dSoundand~ o{c0~ra~d ~ eet thru buddable land area of 15;253 sq~e and lot_coverage exceeding the ~de fe~ at 1690 7 ~itat on of 20~ n th .... , ~e Strand, East ' - olaRoad;Mattitudk;~M 123~5:20 ~Jd~0 EM: ~G~ ,:~S 2008 Notice of Disapproval concerning a proposed dwelling, sMmmmg pool, trellis and accessory garage. ~e rea- permit application are ( ) t e proposed house, and asc~sory swimming pool, a~ act pernfitted at less than 100 feet fro~ the top o[the bl~ffor banken o s adja Cent to the L.L S0a~d (2} ihe ~;ground lot, or code~permitted:re~:yard; (3) new co~stmcti0n is Plepb'~ed;ht less t~ the code-required mlni~ ~f 15 feet on a single ~ide yard; Locadon of Property CTM51 1-]4. Notice of Disappzoeal, arnen~ed July 25. 100 26 (renumbered 280-9 and 280 land 280;124 Concerning this 7;700 doe the Bulk ~¢hed~l~ for CTM Parcel Squar~;~c~ot ~arcel :alxd based on the ~.10O0~31.1,4;13~mld;~d~a~ent ¢'i'MParcel ~bQ~oL~isappf~va] e6n~m~g a ~0~ ;':'C) zBA g615~ R~es~ ~or v~ ~Oes p0s~d d~k ~d ~$~c~::admti~s i0. th~ under Section 280-i24~';;bhSed exisk~g ,~ingl~mi~ dwe~g; wMch .B~lding hspectOt~ .j~nua~230(.:2~8 new~m~rufition Wfll:b~ less ~an the :Nodeo0fDisappr0~albamm~ed)uly25, c0~&eqUi?e~ m~m of 35 feet tbr 2008 concerning a proposed shgleffa¢i- a rear yard Setback and which exceeds ly dwelling (after demolition of an exist- the~ cbfl~2max~¢m l~tation 6f 20% lng building) with a propo~e~ single side i$t ~e~sge} ht 1605 ~ld S0ipy~rd ~ne; yar3 at les~ ~an the ~ ?~qu[r~d rain[ SoU~eld;~M64-$236. mom of 10 feet;less hun. ~e/requh'~d .1;00.EM; ANDREW and ELIZA- cpmbh~ed s~de yar~ of ~ feet, aod less B~H G~ENE:;~6235: Reqdest fo~ ' ffian 35 feet from ~e front yard 10t I ne, Mafi~fieds ,dfid~?~ Co~gg~ti~ns .2804 2. ar 13000 Main Roadi East Marion; ~M and 28Qr13~.2. a, based on(he Building 312144L Inspector's June 30, 2008 ~oti~ of Dis- ,: ~e -Board of Appeals w~! heor }all approva[conceming an appficafion for a persons, or thek representatives, desil~ bu~dMgpemfit to Mter the us~ of an ac- lng to be heard at each hearMg ~ngor cesso~ ~uildifi~ (second floor) fr0h hn desirMg td submit wriften statements accessow use as a garage to fl~e owner's before the conclusion of each ~hEaring. ho~e occupation office' with'f~ll'bath~ Each hearing'&ill not stari ~a~fier ~an mdm;~fter removal of the as2~uilt kitch: desi~at~d above] Files are avai~bi~ for en and~okingm'eas, h~stead'vfahome review during rbgulhr bgsMess hours office carried on hn the main building. The proposed change in Usb horn ghrage to a home offi~:is got pe?mitl~d under Code S¢ctlon 280,~ 3c.2a;which re~u~es the.r{bjg~fia fis~ 0~ the prem carfie~.bn in the ~ain building. In addi- tion, · e Bufld~g ~spector stateg that the existing jiving spa~ with kitchen (apffr~e~D hdabuilt is not p&rmltted der Section 280-12, since the Code limits each lfi~ th'only one dwe~ng. Lo~tion of Prop~d~:B0653 C.R: 48 (a/k/~ Middle Road or North Road), Peconic: CTM 73-4-5. to cdfit~c~ 6h~ bffide fit (631)765A809 or by e maih Lindg.K0wa[ski@Tdwn~ ONING 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: http://southtown.nortlffork.net December 10, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 2009 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 December 22nd 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 al_JI 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 addr(~ss 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 conflr~ how arrangements were made in either a written statement, or durin.q the hearing, prov d n.q the returned letter to us as soon as possible; AND not later than December 29th: 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 December 29th: 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 or mail your'Affidavit of Postinq for receipt by us by January 5, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICeE OF H ARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME HUGHES, M. & T. #6236 MAP # 122-6-13 VARIANCE ADD'L. DWELLING UNIT #2 REQUEST HOME LESS THAN 850 SQ. FT. DATE: THURS, JAN. 8, 2009, 9:55 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 18, 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: ZBA File # 6236 Applicant's Request: Within 500 feet of: Owner/Applicant: HUGHES, MICHAEL & THERESE Additional dwelling unit & less than 850 sq. ft. (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD MEMBERS Gerard P. Ooehringe~, Chairman Ruth D. Oliva Ja~nes Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 October 7, 2008 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6236 Applicant's Request: Within 500 feet of: Owner/Applicant: HUGHES, MICHAEL & THERESE Additional dwelling unit & less than 850 sq. ft. (x) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name_of Applicants) CTM Parcel # 1000- AFFIDAVIT OF MAILING S coum'¥ OF SUFFOLK) STATE OF NEW ¥OPaC) t'~ , New York, being duty sworn, depose~ and say that:' " ' t/ On the/(:,7-t4 ,day of ~e~ ml,>e~,.~O~, I personally mailed at the United States Post Office in i/!Lcc'~h, tC3t~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED. a true copy of the attached Legal Notice in prepaid envelopes addressed to c .ur[.ent ow~ shown on the current assessment roll verified from the official records on file w~th the (vt) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or priv~ge street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this day of ~¢**t4,~,~,t~ 200~ UEIJNDA L lOPPING*NOTARY PUBUC, STATE OF NB YORK SUFFOLK CO.-NO. 4708364 COMMISSION ~PIRES MAY31, ,~ ot ( PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmbers next to the owner names and addresses for which notices were mailed. Thank you. 40.76 J2.70 42.20 $0. O0 $ 45.~,~, 12/16/2008 postage $ 40.76 CeAifled Fee ~2 · 70 (Endorsement R~uired) ~0 · OO poCmsrk , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as ooo- 19.0--' b t COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SION POSTING ~/qx/llqg--2.._ ~j~" g Y , pose ana saS that: On the t7 day of k:,~6r-, ,:,cto0~>~, I personally placed theTown's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - aemg the street or facing each street or right~of-way entrance;* and that I hereby confirm that the Poster has remained in place for se,zen days ,,~-~ *,- *~/] - . ,- tbe subject heanng date, wlfich hearing date was shown to be Sw0m to before me this day of , 200 MEUNDA I. TOPPING-NOTARY PUBUC, STATE OF NEW YORK SUFFOLK CO.-NO. 4708364 COMMISSION EXPIRES MAY 31 fl_o *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delive~J is desired. · Print your name end address on the reveme so that we can return the card to you. · Attach this cad to the back of the mailpisce, or on the front if space pe~nits. 1. Aracle Addressed to: 7005 0390 0004 PS Form 3811, Febn~J 2004 , address diffemat f if YES, enter detive~ address below: [] Addressee · Date of Delivei7 ~ 3, s~v~e Type '~Ce~fled Mail [ fl-I Registeeed ~l~_Retum Re(3elpt for Ue~l~lartdise r'l Insured Mail [] C.O.D' -- - -. 4. Rest~cted Dah~3r~ ~Extra Fee) []Yes 1184 0763 · Complete Items 1,2, and 3. Also complete Item 4 ff Restricted Delive~ is desired. · print your name and addrSSS on the reverse that we can return the card to you. . so · --~ ,~ the back of the mailp~ece, · Attach thts c~u L,~ or on the f~ont if space permIts. A. S~gnstu~e D. is delive~j address different fl°m Item 17 ~]yes if yES, e~ter detive~ address below: .~o 70 5 0390 0004 1184 0749 7005 0390 0004 ~ u~, ~11, Feb~ary 2004 Domesifc Return Recel~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME HUGHES, M. & T. #6236 MAP # 122-6-13 VARIANCE ADD'L. DWELLING UNIT #2 REQUEST HOME LESS THAN 850 SQ. FT. DATE: THURS, APRIL 23, 2009, 1:50 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. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 , ® RO. 8,8 LINE TANK L SURVEY OF PROPERTY SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-122-06-15 SCALE 1 "=.50' SEPTEMBER 15, 2006 AREA = 58,435.29 sq. fi, 0,882 ac. CERTIFIED TO: PECON~C ABSTRACT, INC. AMERfCAN BANKERS CONDUIT MICHAEL HUGHES THERESE MACALU$O HUGHES o