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Home My WebLink About6168 APPEALS BOAR[ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 · RECEIVED ~JJUN ~ :?08 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 16, 2008 $outhold Town Clerk ZBA # 6168 - Application of Carl Juul-Nielsen and Patricia Cadavid Property Location: 1125 West Cove Road, Cutchogue CTM 111-3-14 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 May 28, 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 EXEMPT: This application is exempt under Town Code LWRP Chapter 268, since no natural resource feature was found within 100 feet of the construction area requested under this zoning variance. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 27,906 square feet with 90 feet along West Cove Road. The property is improved with a one-story frame house with garage and accessory shed, as shown on the October 10, 2007 survey prepared by Nathan Taft Corwin. BASIS OF APPLICATION: Request for Variances under Sections 280-122 and 280-124, based on the Building Inspector's May 5, 2008 Notice of Disapproval and ZBA Interpretation #5039 (Walz) concerning proposed additions and alterations to the existing single-family dwelling. The reasons for disapproving the applicant's request for a building permit are that the new construction will constitute an increase in the degree of nonconformance Page 2 - June 16, 2008 ZBA # 6168 - C. Juul-Nielsen & ano. CTM 111-3-14 when proposed with a minimum single side yard setback at less than 15 feet, and with total side yards at less than 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a pubhc hearing on this application on May 29, 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 relief requested is an area variance concerning proposed additions and alterations to the existing nonconforming dwelling, at less than the code-required minimum of 15 feet on a single side yard and less than 35 feet total, combined side yard setback (15 feet & 20 feet). The nonconforming setbacks as requested for the alterations/addition are a single side yard setback at 14.4 feet and the total side yard setback at 26.5 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of relief will not produce an undesirable change in the character on the neighborhood and a possible detriment to nearby properties because the proposed construction is similar in size and scale to the neighboring houses. 2. Town Law §267-b(3)(b)(3)(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 in order to create a consistent roof pitch the entire roof has to be removed. 3. Town Law §267-b(3)(b)(3)(3). The variance substantial the proposed construction will not conforming setbacks. granted herein is not alter the existing non 4. Town Law §267-b(3)(b)(3)(5). The difficulty has not been self created because in order to create a more consistent roof line it is necessary to alter the small areas of the existing setbacks that are nonconforming. Page 3 - June 16, 2008 ZBA # 6168 - C. Juul-Nielsen & ano. CTM 111-3-14 5. Town Law §267-b(3)(b)(3)(4). There has been no evidence submitted to suggest that a variance in this residential neighborhood may have an adverse impact on the physical or environmental conditions in the neighborhood. 6. The grant of the requested relief to alter the roof line is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition to the dwelling, while preserving and protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, as shown on the drawings Al, A2, A3, A4 prepared March 28, 2008 by Mark K. Schwartz, A.I.A. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. the Board: Ayes: Me_.mber~ehringer (Chairman), Oliva, Dinizio, Simon J j.~a~rd P. Goehrin~er, Chairman 6/~-~/2008 /'~ Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL TO: Mark Schwartz (Juul-Nielsen) PO Box 933 Cutchogue, NY 11935 DATE: May 5, 2008 Please take notice that your application dated April 10, 2008 For permit to construct additions and alterations to an existing single family dwelling at Location of property: 1125 West Cove Road, Cutchogue, NY County Tax Map No. 1000 - Section 111 Block 3 Lot 1__~4 Is retumed herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwellin,a~ on a non-conformin[, 27,906 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIll Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a single side yard setback of 14.4 feet and a total side yard setback of 26.5 feet. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance. Pursuant to Article XXIII Section 200-124, non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet and a total side yard setback of 35 feet. '~'~-~'~ ' ~ -~~'ce~'~ Dtsap~s written based on plans sign ed by Ma rk Schwartz dated 03/28/08, 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. .~4rORM NO. 3 NOTICE OF DISAPPROVAL DA TO: Mark Schwartz (Juul-Nielsen) PO Box 933 Cutchogue, NY 11935 Please take notice that your application dated April 10, 2008 'E: April 18, 3OARD OF ~'PPEALS For permit to construct additions and alterations to an existing single family dwelling at Location of property: 1125 West Cove Road, Cutchogue, NY County Tax Map No. 1000 - Section I 11 Block 3_ Lot L4 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non-conformino 27,906 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement ora non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a single side yard setback of 14.4 feet and a total side yard setback of 26.5 feet. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance. Pursuant to Article XXIII Section 200-124, non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet and a total side yard setback of 35 feet. T.~e of Disa Note to Applicant: Any~ Southold Town Building~ 5roval w~ as7 based on plans signed by Mark Schwartz dated 03/28/08. ge o~deviation to the above referenced application, may require further review by the mrtml~. ~.~.~~ CC: file, Z.B.A. II O il FIRST FLOOR PLAN FINAL MAP REVIEWED BY ZBA SEE DECIS~ t # .,(~ ~o ~ )SECOND FLOOR PLAN ~" ~'-' (DF APPEALS ZZZZZZZZZZZ ~ ELEVATION /~ SECTION ;iiiAL i~AP ;~EVIEWED BY ZB~ 3EE DECISION # DATED_ ~. / (_~- QWEST ELEVATION BOARD OF ';:,"-'! c- NORTH ELEVATION /~ SECTIO~ I r'~ i i zz_-zzzzzzzzz; (j~ I FINAL MAP ~o~i¥,~ ~ ~SEE DECISION ~ G~¢~I APR 2 ~ ~' =z DATED~ I~ I ~/~ m <o jOARD OF APP~LSI ~ A-4 DEPARTMENT OF PLANNING C INTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/am considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Mooney/End of Road LLC 6013 Principi 6 150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffries 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc 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 APPLICATIO00 0 SOUTHOLD TOWN BOARD. A For Office Use Only s Fee:S__ Filed By:. Date AssigneddAssignment N o. Office Notes: APR 2 ?OOB .... ..... i, BOARDO APPEA House No. /]~SStreet [~/~'.~.T' (/PORE J~ '~1~ Hamlet SCT~ ~000 Se,no. III Block~Lot(s) ~ ~ Lot S~e ~7[ I ~) APPE~ T~ ~TTEN DETESTATION OF THE BUILDING INSPECTOR DATED APRI¢ /~.Z~BASEDONM~DATED ~(~ a ~/Owner(s): Jt]OU'~l~U~ ~T~/CI~ ~1~ MaflingAddress: 9~ ~TE~f ~/~ ~~, Telephone: ~'/6' ~' 7~[ Fax g: Email: NOTE: In addition to the above, please complete below if application is signed by applicant s attorney, agent, architect, builder, contract velldee~ etc. and name of person who agent represents: Name of Representative: /~4~J~g ~/-]t~t~./-~_.~ for (~) Owner, or ( ) Other: Agent's Address: [~0 gO.k/ ~.~ C~/~/-/t'K~. //¢~q'- Telephone 7~4 - ~[~ Faxg: ~4 -~//6 Email: ~Y~'~ Please check box to speci~ who you wish correspondence to be mailed to, pom the above names: ~ ApplicanffOwner(s),or ~Authorized Representative, or D Other Name/Address below: L~/~ WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ANAPPLICATIONDATED O,~t-/lO/O~fl FOR: ! ]f~Buiiding Permit /t' [] Certificate of Occupancy [] 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 Zoniog Ordinance by numbers. Do not quote the code.) Article X~ ltl Section 280- I ~ Z- Subsection Type of, A~ppeal. An Appeal is made for: fii[A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section ¢ [] Reversal or Other '.__.__~ ~k A P-r~,r,~t~ipeal~as-'~s n°t been made at any time with respect t° this pr°pert% UNDER Appeal-- -- -- ~i/~ N~-~ear-~ (P~ease be sure t~ research bef~re c~p~eting this questi~n ~r ca~ ~ur ~f~ce f~r [~ · assistance.) Name of Owner: ~ REASONS FOR APPEAL (additional sheets maF be used with preaarer's sienatl Ire): ~:~ AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER detriment to nearby properties if granted, because: 'j~&/~' /~OPO$~;~ the neighborhood or a (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ~Yes, or ( )No. A/~T ~4 ~..5']"~ ~' ~oX/. Are there Covenants and Restrictions concerning this land: ~No. [] Yes (nlease £urnish copt). 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/xPLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET: (Please be su~~ Signatur~ of Appe~a~r Authorized Agent (Agent must submit wriWu~Authorization from Owner) Sworn to before me this dayof ~,~\ ,20 0% Notary Public AUCIA WALleR CommisSion Expires 5e~t. z",. ~ FROM : MarkSchwaptz, PHONE NO. : 6317342110 07 2008 07:58AM P2 95 Hun~ Muttontown, Ne 516-496 April 28, 2008 To Whom It May C~ncern: iiPatrida Cadavid iDrive We, Carl Juul4~Flelsen and Patrlcia ¢ Schwartz, AIA - Archi~-~ the 5outhold Town Zoning Building Depa~ment. The alt~ratiox~ con~ction Carl-J~ul~Nielsen Patricia '.~ :i aufftOrize Mark i the Southold additions and Ro~d, ToWk SOUTUOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFf~net PERMIT NO. BUILDING I~IVIIT APPLICATION CHECKLIST Do you have or need the follow/rig, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. f Check ~ /SqP Septic Form N.Y.S.D.E.C. Trustees Examined / //t~ ~J~ / %lt;~l-P~Yvat~ Assessment Form c7"?/(/ Contact.' ~/ ~ , 20~ Mail to Expiration 20 B~~tor .... .PRI0 ate 20 ~ ' ' ' ~ INSTRUCTIONS a. ~is application MUST be completeIy filled in by t~ewhter or in i~ ~d submi~ed to the Building ~spector with 4 sets of plans, accurate plot pl~ to scale. Fee according to schedule. b. Plot plan showing location of lot ~d of buil&ngs on premises, relationship to adjoimg pre~ses or public s~eets or areas, and wate~ays. c. ~e work covered by this application may not ~cg~enced before issu~ce ofBufl~g Pe~it. d. Upon approval of t~s application, the Building ~s~ect0r will issue a Building Pemt to the applic~t. Such a pe~t shalI be kept on the premises available for ~spection t~oughout ~e work. e. No building shall be occupied or used in whole or ~ pa~ for any p~ose what so ever ~til the Building ~spector issues a Ce~ificate of Occup~cy. f. Eveu building pe~it sh~l expire if the work authorized has not co~enced wi~in 12 months after ~e date of issuange or has not been completed wi~in 18 months from such ~te. If no zoning amen~ents or other re~lations affecting the pr~e~y have been ~nacted in the ~terim, ~e Building ~spector may authofi~;'~ w~t~gj the extension of the pe~t for an addition s~ months. Therea~er, a new pe~t shall be requked. -. . ~PLICATION IS HE,BY M~E to the Build~g Dep~ment for the issu~ce of a Building Pe~it p~suant to the Building ~ne Ordinance of the Town of Southold, Suffolk County, New York, and o~er applicable Laws, Ordin~ces or Re~lations, for the construction ofbuil~ngs, additions, or akemtions or for removal or demolition as herein described. The appIic~t agrees to comply with ail applicable laws, ordin~ces, bulling code, hous~g code, ~d regu~ns, ~d to admit authorized iaspectors on premises and in building for necess~ inspections. ~~~ State whether applic~t is owner, lesse arc neer, general con,actor, electrician, plumber or builder Nameofownerofpremises F.~7~ ,,~t~O U.'q~L- d6/~/,-' /~'~.S~/~ (As on the tax roll or latest deed) if applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Se6tion Subdivision III Block ~ ..~ Filed Map No. Hamlet Lot /4- Lot State existing use and occupancy of premises and intended uae and occupancy of proposed construction: a. Existing use and occupancy t~t/A,/~ _r"' ,~-,,,q,,4q /~¢ b. Intended use and occupancy Nature of work (check which applicable): New Building Repair Removal Estimated Cost If dwelling, number qf~0,velling units if garage; namber-Of cars Demolition Fee Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If bu~ineas,~co, lla~ercial or mixed occupan~,cY, specify nature ,~-C~ ~0 {,-' ~v.. Front 7. Dimensions ofexist~ng structures, i y: Height Number of Stories and extent of each type of use. Rear _Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories · ~ ~h~w 8. Dimensions of%~ 6onstmction: Front Rear Height Number of Stories 9. Size oflot: Frog~'~-'' 'J"fJt~'OtR~e~ 'p- ')"tt/~Depth~ ~ Depth Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ 40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~k/ NO__ 13. Will lot be re-graded? YES NO/~Will excess fill be removed from premises? YES__ 14. Names of Owner of premises ,Joot -/(/I vct,-£~r-~Address Name of Architect /f,f~r~/~' _~/.-/~,4-~j"'z Address Name of Contractor Address NO Phone No. Y/6 Phone No YJ 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 * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO/V 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 · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY__ O~r_~' ~t~ ~7 Jd/~/'~ /'- Z-- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the /~ ~ .0Z/7"'~,~7~'/'~ ~ (Cbnt/actor, Ageht, 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. No. 01[~04634870 Qualiiied ir~ Suffolk C0unl~ ,,~ 0 Commission ENoires September 3Q~x~ ~,, SHOULD BE USED BY LAWYERS ONLY BETWEEN IRMA VOIGT, as surviving tenant by the entirety, residing at 4970 Bainbridge Court, Liburn, GA 30047 party of the first part, and CARL E. JUUL-NIELSEN and PATRICIA CADAVID, both residing at 95 Hunters Drive, Muttontown, NY 11791 party of the second part, WlTNESSETH, that the party of the first part, in consideration of TEN and no/lOOths ($10.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate. lying and being in the SEE SCHEDULE"A"ANNEXED HERETO BEING AND INTENDED TO BE the same premises conveyed to Emil Voigt and Irma Voigt, his wife, by deed made by John J. Johnstone dated March 8, 1978 and recorded in the Suffolk County Clerk's Office on March 13, 1979 in Liber 8595 Page 67. Emil Voigt having died on July 22, 1998. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose-of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. N PRESENCE OF: IRMA VOIGT State of New York, County of ss: State of New York, Cou,~[ On the day of in the year before me, the undersigned, personally appeared personalty known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) ss: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Count~) of Georgia ~, ~,~ /%,t~ ~'¢d'fU~ in the year 2007 before me, the undersigned, personally appeared On the J day of IRMA VOIGT personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the J~r~, (.(_,n'~ ~ in G~eorqia (insert the City or other political subdivision) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. IRMA VOIGT TO CARL E. JUUL-NIELSEN and PATRICIA CADAVID STANDARD FORM OF NEW YORK BOARD OF T~TLE UNDERWRITERS D stdbut, ed by Commonwealth (and insed t~e State or Country or other place the acknow~takon) BLIC T' ~' ~ NOTARY PU ~ ~ '~ DISTRICT 1000 SECTION 111.00 BLOCK 03.00 LOT 014.000 COUNTY OR TOWN STREET ADDRESS Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: JOEL JACOBSONi ESQ. P.O. Box 397, 36 Mirrielees Circle Great Neck, NY 11021 Fidelity National Title Insurance Company AM]ENDED SCHEDULE A-I (Description) ALL that certain plot. piece or parcel of land, situate, lying and being at Nassau Point, Town of Southold. Count) of Suffolk and State of New York, known and designated as and by the Lot No. 2 on a certain map entitled, "Revised Subdivi:,ion Property of Alonzo Jersey, being Plot 292, Nassau Point Club Properlie& Nc., at Peconic. New Yerk" made ~md completed April 21. 1980 by Otto W. Van Tuyl, Professional Engineer and Land Surveyor, filed in me Office of the Cou~ty Clerk, .Suffolk County, New York, April 28, 1930, file number 763, and which map was superseded made Ma5 9. I,)23. and hied in said County Clerk's Office in File No. 640 bounded and described as follows: F. EGINNI'NG at a point on the northerly side of West Cove Road distant 320 feet westerly from the corner formed by the intersection of the northerly side of We,t Cove Road and the w~sterly side of Old Cove Road; t~ U%~ING THENCE north 71 de~ees 38 minutes 00 s~conds west along the northerly ~ide of West Cove Road 90 fee~; 'i HENCE no~h 18 degrees 47 minutes 30 s~onds east 318.46 feet: TI-[ENCE south 62 degrees 58 minutes 20 seconds east 90.00 feet; TH:ENCE south 18 degrees 37 minutes 10 seconds west 304.9l feet to the northerly side of West Cove Road and the point place of BEG[NNrNG ,'O('ETHER with ali rights and privileges, if any, of the pm'ty of the first part, to use the 10 foot roadway extending West=r!y from ',he Northwes Loop to the bay, as shown on said Map, as a right of way to the beach. THE POLICY TO BE ISSUED und, er this COmmitment will mgure the title to such buildiags and improvements on the premtses which ,['OR CONVE FANE'lNG ONL Y, Together with all the right, title artd interest of the party of the fitst peri. of tn and to the land 5(~i,::DL,LE A t tO¢gcmphon) FORM Ero. 4 TOWN OF SOUTHOLD BUILDING DEPAR~ Office of the Building Inspector Town Hall Southold, N.Y. Y FOR YOUR INFORMATION PRE EXISTING CERTIFICATE OF OCCUP~I~CY No= Z- 32105 Date: 12/26/06 'A~LLS (~TIFI~ *~t ~h, bu/1R{~ DWELLING ~ocatlon of ~y 1125 ~ST (HOUSE NO.) (S~ET) {~L~T) ~ty T~ ~ No. 473889 Sect~,111 Bi~ 0003 ~t 014 ~o~ s~t~tial~ to ~ ~ts for a O~ F~ILY ~LLXN~ ~lt prior to APRIL 9, 1957 ~,~-t to ~ ~TIFI~ OF ~ ~ Z- 32105 ~t~ DEC~ER 26~ 2006 was issued, and confo~s to all of ~e retirements of the applic~le provisions of the law. ~e occup~cy for which this certificate is~ is 0~ F~ILY D~LL~G The oerti£~cate ia issued to EMIL & IRMA VOIGT (OWNER) of Che aforesaid building. Su=~f~K CX,~-,L-f DEP2tH/~T OF H~A~TH APPROVAL ~r.R~,~ rCa%L CE~TZFICA/~ ~ ~U~TIFICATIO~ *pLE~E SEE ATTACHED INSPECTION REPORT. Rev. 1/81 " 'r0N~ OF '~0UTIt0LD APPL]*CATZQN FOR CERTXFXCATE OF 0~~ 'k~!, Th£~ n.pt)££cGclcn musl: bo ~:L~.~.ed in by cyp~urf, cn= Ql~ i. nk n.nd, ~ubm£l;cgd ~e ch~ bu£.l, din~ ~1c1.. F£na~L uucvey 0E prop~,~z*cy with =,:cum, ce. .Zoe;t£~n oz~ n.J.) bu£3.dtnss, propurcy ~;ct-n.uc~., a. nd. u.~u.~.u~Z ha. rut.:,Z GL' COPOi~rn.ph.tC 3. *Approve./ cE g£eecrlcn.1 in~c:~J. 1;~c:Lon t't-om noird QE F/.t-,,, '*',Mot'ct ucn.r*~m~nr Ecam pXuw, b~.r cu.~'~.:i.£y,.L~u *'hGC r, hu '~u.Ld~E U.~Gd. t.n uy'-'C=m ,I.~== chn.n 2/J. 0 n.': tZ Fo~ ~xtec/.ng bu:LZdtGgs (prier co Apr:LI. 9, tgk7) non_cortEGrm~LnG USGS Or "Pcn-ux£G.c~np/, Za-nd u~QU: , t. Accur:tcG survey o~ p=opGcCy sho~/.nl~ n.Z.I, property .L£n==. sc~:'cec,~, bu~td£ng and 2. A pCOpGrly campl,,,.Cd* ~.PPZ~.~o.C:Lutt n.nd o. C0nsonc 1:o ~.n=pecc s~.l*-ncd by *'ho n.ppL£cn.nc. run..:on~ chare£o= In ~t-.tl:iea co rim ~l]pJ.£c_~ne' . Foes t. C"cct-F£030o CE Occupancy . Nc~ dueJ.3, tng $25,00, Add/cio'ns co dwc.I..1.tng {25.00, AIc,'rn.c£on,.. co d~oJ.J.,Lu8 {2S.O0, Sw£maing I)OOl $25.00, Accn.~,:ory bu£ldii~{:, $25.00, Add£ci, o~t.-, co n.cC,~:~ory bu£ld£ng {2.~,(J0, Bu,'-tnu::~= $50.00. 2. C~:rrtELc:~r,~ 0£ Occupancy on Pru-uxisr£ng flu£Zding . StOO.flO 3o Copy GE C~cc£E£cn.c= cE O¢cupn.acy . {5.00 ovo.L' 5 yen.c= - :Ft0.O0 /,, Updated C==clJ~tcaca cE 0ccupn.ncy . 5. Tgmporn.t-y C~.g~:l.FiCn.l:o a{~ O¢cupn.ltCy ,, RnsJ. dengial {ta.0O, Commerctn.l {15.00 ~- .... ,-, - (~--. ~*,,~. · ............. ~o~n.~o~ n~ ~t-o~e~y... ~.~ ...... ..,~...~.**.y~..;~ ............... **Q~..~~...~,~.... '{~a~.rh nope. Apprev-*,~, .......................... Ul~do:~rtCmrG APE) rov=Z ~,.. ..................... · 'tann£nl~ Boa. rd A{ prcva~. ,..., .............. . ( ) . - .. . CONSENT TO INSPECTION Owner(s) Name(s)'--~ , the undersigned, do(es) hereby state: c~Lov.e.~% eo' .~.~ . . That the usdereigned (is) (are) theV'owner~e) of the pr~mises in the Town °f scuth°ld located at I~, _, which is sho~wl and designated o~ the Suffolk County tax map as District l000, Section ~ , Block. C~ · I~°t ~)t~ · That the undersigned (has) (have) filed, or caused to be filed, :an applica- tion in the Southold Town Building Inspector's Office for the follow'g:. That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of $outhold to enter upon the above described property, including any and all buildinge located thereon, to con~ct such inspections as they may deem nece. ssary with respect to the aforesaid application, including inspections .to determine that said premises comply with all of the laws, ordinances, rules an~ regulations of the Town of ~'outhold. The undersigned, in consenting to such inspections, do(es) so with the knowledge, and ~nde~standing that any ~formation obtained In the condae~ of such inepeetl;ns may be used as evidence'in subsequent prosecutions for vic- / . I ~ (si6nature) -- (signature) (print name) TOWN OF SOUTHOLD BUILDING DEFARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. COPY i:OR YOUR INFORMATION CERTIFICATE OF' OCCUPANCY No ...... ,~..2288 ..... Date ................ ~g~e~,.8 ............. , I~1i2 ... THIS CERTIFIES that the building located at , ~ Map No..~C~. .......... Block No~IDD[r.~ ..... Lot No ~ ............. ~,ll~A~..~Ql,lgllr..t~o~'o.. conforms substantially to the Apphcahon for Budding Permit heretofore filed in th~s office dated ....... ~IJ, gl,T~i~. ~:L ....................... , 19~3~ pursuant to which Building Permit No dated .~1~1~1~1~1.~..~.0 .................. 19...f~, was ~ssued, and conforms to all of the requ,rements of the applicable prows~ons of the law. The occupancy for which th,s certificate is iSsued is ........ ........... {tdd&~;~a~..l~. ~e,..£a~l~L¥..dma:Ll.~,t~ ............................................................. The certificate is issued to ................ i?J:3~0,.,~..o ..~Ti3~.~t.O.-'3~ ........................................................... (owner, lessee or tenant) of the aforesaid building TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PRaiSES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 3205 Z Permission is hereby gr=nted to: .l~..~,..ll~lt,..~l~m..ll~utL ............................. at premises located at ...~I~..~iJRBI[JI~..~..~JAI..,I~iIIJI~..~II~...JIIJJI~II~J~m,~ ..................... ................... .~..~...~....c.....~........~....~,.......~.......~.....~,....q.~ ............................... pursuant to application dated .................................... J~...~.., 19.~.~.., and approved by the Building Inspector Fee $......JJ~.O~ ........ TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 December 4, 1978 Gary Flanner 01sen Counsellor At Law P.O. Box 38 Main Road Mattituck, New York 11952 Re: Letter, December 1, 1978 Job_nstone to Voigt File ~ 2470 Dear Mr. 01se~, The Building Permit 3610Z dated September 7, 496? was issued to J.J. Johnstone to add to his one family dwelling. On May 17, 1971 this permit was admended to include the garage addition section. On April 4, 1968 the Certificate of Occupancy $3043 for the work done under the permit 361OZ was issued. Yes, the Certificate of 0ccu~ancy covers the garage which was built under the building permmt ~610Z and the occupancy for the building is a one family dwelling. G F/p s GEORGE H. FISHE~ Sr. Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. OERTIFIOATE OF O00UPANOY No..Z..~.0~3. .... Date ......... J~f.~,.4, .......... , 19.~Q. THIS CERTIFIES that the building located at ~e~t. COVe. l~ad ........... Street Map No. ~.1~. Block No ............. Lot No. C.U~.~,..~9 ~.-.~.M~.~..~.... conforms substantially to the Application for Building Permit heretofore filed in this office dated .... AU.g:..31. ......... 19.~?. pursuant to which Building Permit No.s .~0. dated .... 8.e.~.~.: ? .......... ,19.~.?., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . ...I~.$Y.~..t~.. ~..~l~/,.~y..d~l~ .................................... The certificate is issued to ................. ~.~. ~.~ .~Oh~ ................... (owner, less~.or tenant) of the aforesaid building. /~ ~ /~.' Suffolk County Department of Health Approval ................................... ....... /"' l~O~3i~ NO. ~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N, Y. BUILOIHG PI;PJ~IT (THIS PEPJ~IT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 3610 Z · Permission is hereby granted to: .............. ~..~.~.....:. ........ , ................ ................ ~,..~~ ......... ~ ............... to ~..~..~..J.~..~[e~..m..~.~..~ ......... ~t p~i,. ~oted at .~t..j.~....~..~J~..~t~.~..~ ................ ................................ ~....~..~...~ ....... ~~..~,x~ .................................... pursum ~ application dated .............................. ~ .........~ ....... , i9..~., qnd app~ by t~ Building Inspector. .............. Building Inspector J TOWN OF SOUTHOLD OFFICE OF BUILDI~O INSPF_L"rOR TOWN HALL $OUTHOLD, N. Y. 11971 TEL. 765-1802 December 4, 1978 Gary Flanner 01se~ Counsellor At Law P.O. Box 58 Main Road Mattituck, New York 11952 Re: Letter, December 1, 1978 Johnstone to Voigt File ~ 2470 Dear Mr. 01sen, The Building Permit 5610Z dated September 7, 1967 was issued to J.J. Johnstone to add to his one family dwelling. On May 17, 1971 this permit w~s admended to include the garage addition section. On April 4, 1968 the Certificate of Occupancy ~3043 for the work done under the permit 3610Z was issued. Yes, the Certificate of Occu~aucy covers the garage which was built under the building permmt 5610Z and the occupancy for the building is a one f, mily dwelling. GEORGE H. FISHER Sr. Building Inspector' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. APPLI~TIOH FOR BUILDING PERMIT INSTRUCTIONS a. Thls application mUSt be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing IocbtJon of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. 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 wJ)J issue a Building Permit to the applicant. Such permit shall be kept an the premises ava!loble for inspection throughout the progress of the work. e. No building sbell be occupied or used in whole or in port for any purpose whatever until a Certificate of Occuponoy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the Issuance of o Building Permit pursuant to the [3uiJcJing 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. ith,~ code and r~ulatlans. The applicant agrees to comply w II applicable laws, ordinances, buildl~/ / ~ ~ ......... ~'~i; '~';'~'~';i~'~' ........ ~, /~o_"L~..~.,~'', /, ................. ~ ..... ~.,..~ .. d.:..~.~.,~......~ ............... /.(~..(,. .... pUT / /~*'P~"~ ,~¢~J ~ ~ (Addre~ of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .................. t~...~..: ................................................................................................................................................................ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be den,e~Map No.: ~...L~.~. L&t No.: ...~r~ .............. ...... ~ ~,'.~C.o,,~ ~CZ A,',~.~_,..~ ~- Municipality 2. State existing use and occupancy of premises and intended use end occupancy of prapc~,,d construction: °- ........ .,-. .... .I ................................................... b. Intended uso and occupancy ................................................................................................................................. 3. Nat re of work (check which a New Building .................. Addition ......~ Iteration ................ P, ep~ir .................. Removal ..~/f. .............Demolition .................. Oth~er Work (Describe) ................................... 4. Est~ ted Cost .......................... .~.D.~. ........................ Fee ..................................................................................... / (to be paid on filing this application) 5. If d~weliing, number of dwelling units ............................ Number of dwelhng umts on each floor .......................... If g irage, number of cars .......................................................................................................................................... 6. IF t usiness, commercial or mixed occupancy, spec/fi/ nature and extent of each type of use .......................... 7. Di~ enslons of existing structures, if any: Front ................ .~.?.. ...... Rear ........~..~.. .................. Depth ....?....~. ........ 10. 12. He! ~t .......... .~'. ........... Number of Stories .................... ,/. ............................... >....; .......................................... ~ .... Dirt nsions of sa~ stm~re wl~ alterations or additions: Front ............ ~ ..................... R~r ....................... .......... ~...~. .............. ~p Height ........... .~. ............. Number of Stories ...........~ ................... Di~ ensio~ of entire n~ construction: Front .................. /.~ ............. ~ar ...........~.~ ............ ~pth ........ .~..D .... Height ............~.~.... Number of Stories ................ 4 .............................................................................................. Siz~of I~: Front .... ~.~. ........ Eear .............. ~ ............. ~pth ............~/~ ............ / ~e ~fr ~J~c~"~'~;~';~i~'~r:':;;~'''':~me of Former ~ner ..'....~.~::.~/~.~.~.~ ....... ~e~ pr~os~ constr~ti~ viol~e any z~i~ [~, ordinance or regulation? ......................................... ~ .......... Na~e of Arch~t~t ...................................................... Address ............................................ P~ No ................ Nar of Contr~tor ....................................................A~r~s ............................................ Phone No ............... PLOT. DIAG~ :learly and di~i~tly all buildings, whether existing or prepaid, and indicate all ~t~ck dl~nsions ~s. Give st~ and bilk numar or ~scriptlon acc~i~,to d~, a~ show stre~ ~m~ and erior or comer lin. property Ii whether in' STATE al NEVV YORK, COU N'FY]OF ................................ ~ '~"~' ............................................................................................... De ng au y sworn, deposes and s~/s that he is the appli¢ l(Name of individual signing application) above nat led. He is the .................................................................................................................................................. (Contractor, agent~ corporate offJcer~ etc,) of sc~id ~ 'nar or owners, and is duly authorized to perform or have performed the said work and to make and this appli~ ation; that ~ll statements contained in this application are true to the best of his knowledge and belief; that the ~ ~rk will be performed in the manner set forth in the application filed therewith. Sworn to t afore me this ............ ........ ................................ . .................. File md rOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ........................................ , 19 ..... Permit No .......................... Disapproved a/c ...~ ................................................................. APPLICATION FOR BUILDING PERMIT ~te ......................... ~,..~.....~ ................... 19,~..~ ..... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premiees or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shell have been granted by the Building Inspector. 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 oil applicable laws, ordinances, [~uill~ing cgde~nd regulations. ........... ....... ......... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...... ~,~ ............................................................................................................................................................................ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) I. Location of land on which propose~l work will be done. ~ap Ng.: ................ ,~ .................... Lot No.: ........................ Street and Number ....... ~.~.....~...~......~.'¥~....~..~.~....!.[~.~.~.~.....~.[~`:~i~c.:.~g..~~/`.~/[:~/~/~ ...................... 2. State existing use and occupancy of premise,~ and in, tended use and occupancy of proposed construction: o o.d oceuponcy'--" ........................................................................... b. intended use and occupancy ................................................................................................................................. 3. Nature of work (check which e New Building .................. Addition ......~l ............. ' Reppir ..................~,e~noval .................. Demolition .............. ~/.' Other Work (Describe) ...................................... ~ ,~ (to ~ paid ~ fili~ this application) 5. If' ~wellJng, number of dwelling units ........ ~ ................. Number of ~elling un~ts on each floor ......................... If ~arage, number of ~rs ........................................................................................................................................... 6. If business, commercial or mixed ~cupancy, speci~ nature and e~ent of ~ch ~pe of use ......................... 7. Dimensions of existi~ stm~ures, if any: Front ......... .~: ............... E~r ........... ~ ................Depth .................. Dimensions of same stmc~re wi~ oltemtions~r additions: Front ............. ~.~ .................. Rear ..,..~..~. .......... D~th ................................ Height ............~ .............. Numar of Stories ........... ~ .................... 8. Dimensions of entire n~ ~tm~ion: Front ............ Z.Q ................... ~ar ............~.~. ........... ~th ...~.~. ............. Height ........... ~.~..., Number of S~ri~ ........... ~ ......................................................................................................... 9. Siz of lot: F~nt ................ 10. Da of Purcha~ .......... [.~.} ...................................... Nome of Former ~...~.~.~.~.~.....~.~).r/.. 11. Z~ or use district in which premi~ am situated .................................................................................................... 12. ~ p~os~ construction vi~te any zoning I~, ordinance or regulation? ......... ~.~ ................................... 13. No ....... o pmmis~ ........................................ ~ , ..... ~..... ~.~; ........................ v~e Ho ............... No m of Archit~t .............................~ ....................... A~ress ............................................ Phone No ................... Nate of ~tm~or ' ~' .** ................................................... ~ddress ............................................ Phone No ............... PLOT DIAG~ ~o* ~ clearly and distinctly all building, w~t~r existi~ or pro~d, a~ indicate ail ~t-~ck dJmensi~ f ~m p~e~ I ~s. Give stm~ o~ bl~ numar or de~rlption ecco~i~ to de~, and shaw stm~ nam, a~ ind~( ~e whether ~ erior or corner I~. STATE O~ N~ YO~K, ................................................................................................ being duly sworn, d~es and s~s t~ he is t~ applic nt Nome of individuaJ signing applic~ion) above nar md. He is the ........................................................................................................................................................ (Contractor, agent, co~omte officer, etc.) of said ay nar or ~ne~, and is duly authorized to perform or ~ve ~rformed the ~id work and ~ ~ke and File this appli~ ation; that all statements contained in this applic~ion are true to the b~t of his ~le~e and belief; md · at the ~ 3~ will be perfor~d in the manner ~t fo~h in the application fil~ therewith. Swam to afore me this Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~f-ff'~ ~- '~. Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: l~'t~oo~l L II. New Construction Areas (New Dwelling or New Additions/Extensions) Dimensions of first floor extension: (~, 'g ~ ~ I, ZLo"g'~.K"; ~,~, D~mens~onsofnewsecondfloor. IGx l /&. Dimensions of floor above second level: /~J ~ t..t~ Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor: A P'/'~o/( ~ ff~ ~ v£~ ~1 ~ _~) III. Proposed Construction Description (Alterations or Structural Changes) (attach ex~a sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: t~Az ~ ~ '~,~ ' / Number of Floors and Changes WlTH Alterations: ~ ~7'D,e/ o.~/ T'~ ~g',.~'/'~'./~'t~g'~-.'.'ir- 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: l~. 0 3, ~'tro V. Purpose of New Construction: VI. Please describe the land contours (fiat, 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 A?PEALE 617.21 Appendix C State Environmental Quality Review ~ ~ ,,, ,~~--"-~, suoer EN eONM rNr L sessM rNr For~ISTEDACTIONSOnly ~ ~/~ P~T I - Project ~o~ation (To be complete by App ic~t or Pro'oct3 spo~or) L Appli~nt / Sponsor 2. Proj~t Name 3. Project Iocatio6: ~unicipali~ ' ' / ' CounW - ~ ..... 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide r~ap) 5. Is proposed action: ( ) NEW ~EXPANSION ~ MODIFICATION / ALTERATION 6, Descdbe project bdefly: 7. ~ount of land affected: Initially: Ultimatel : . ! 4c c t. acres; acres 8. Will proposed action comply with existing or other existing land use restrictions:( ) YES If No, describe bdo§y: 9. What is present land use in vicinity of project: (describe): (~Residential ( )Industrial ( ) Commercial ( )Agncultural ( ) Park/Forest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? ( ) YES ~NO If Yes, list agency(s) and permiffapprovals: 11. Does any aspect of the acUon have a currently valid pemfit or approval? { ) YES (~ NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existtng permit/approval require modification? ( )YES ( )NO IfYes, llstagency(s) andpermit/approvals: ] Applicant / Sponsor Name: I certify that the information provided above is true to the best of my kn~owledge Signature: ff the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment QUESTIONNAIRE FOR FILING WITH YOUR Z.B~A. APPLICATION the subject premises listed on the teal estate market fi>r sale? Yes J~(No Are there ~n)' proposals to change or alter and contoms? gNo BOARD OF APPEALS 1) Are the~e any areas that contain wetland grasses? .d~/~:;~ 2) Are the wetland areas showq~ on the map submitl, ed with this application? 3) Is the properly bulkheaded between the wetlands area and the upland building area? 4) If your property conbains wetlands or pond areas, have you cjantacted the office of the Town Trustees for its determination of jurisdiction? ~ Please confnnn status of y0ur ~nqu~ry or application with the Trustees: I~ tlnere a depression or sloping elevation near thc area of p~oposed construction at or below five feet above mean sea level? _. ~ E. Are there any patios, concrete balrie~s, bulkheads or lbnces that exist and are oot shown on the survey map that you are submitting? __A]~' (Please show area of these sCracmres on a dia~am if any exist. Or state "none" on the above line, if applicable.) F. 13o you have any construction taking place at this time concerning your premises? _ /q¢ If yes, please submit a copy of your building pe~maJt and ~nap as approved by the Building l)epartment and describe: H. l?lease list present use or operations conducted at this parcel j~ and proposed use ~,~t'.~t~ Autho~zed Si~a~re~ Do you or any co-owner also own other land close to this parcel? ~ 19 If yes, please label the proximity of your lands on your map with this application. 2/05 T~I~NS~TIONAL DISCLOSURE FO~ ~m. APPLICABeO~tNER, CONTRACT VENDEE AlleGe: 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~nfli~ts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name,~fless you are al~plying in the nam~ of som~eon~- else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) bave relationship with any officer or employee of the Town of Southold? · Relat~o_~nsh~p ~nnclnd~ blood, ~nan-i~ss interest. "Business interest" means~a business including partnership l~mn which the Town ofticer or em 1A~0d/ee has even a ~¥) a~which the Town officer or employee owns more than 5% okthe YES__ NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): --__ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ) an ofhcer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP sS.ubmittedthis Z4. dayo,,f ,,4~t~'t'C_ l~nature:_ '"'~c-,i¢..~"~ ~ ~- ennt Name :-~,"4¢,~Ag J~2 'J. KEVIN MCLAUGIILIN Attorney At Law Telephone (631) 765-6085 Facsimile (631 ) 765 - 1856 Winds Way Professional Center 44210 Rt. 48, P.O. Box 1210 Southold, New York 11971 May 5, 2008 Southold Town Building Depadment AEn. Damon Re: SCTM #1000-111-3-14 & 15 Dear Damon: I have been contacted by Carl E. JuuI-Nielsen and Patricia Cadavid regarding their purchase of 1125 West Cove Road, Nassau Point, NY from my client, Irma Voigt. Apparently they have filed a request for a variance with the ZBA, who have advised them that the above- referenced lots have merged. I have enclosed copies of Single and Separate Searches on both lots. Prior to 1983, the house lot (Lot 14) was owned by both Emil and Irma Voigt and the vacant lot (Lot 15) was owned solely by Emil ¥oigt, who died on July 22, 1998. Under the then current law, the two lots were then deemed to have merged. However, under the recent amendment to the merger provisions of the Town Code, Section 280-10C(6) was added, which exempted merger by death. As a result, the two lots were no longer deemed merged by operation of law and Irma Voigt was entitled to transfer ownership of the house lot (Lot 14) to Carl E. JuuI-Nielsen and Patricia Cadavid, which she did by deed dated November 3, 2007(a copy of which is enclosed herewith). /,,,-~,,~ Encs. ~~ Commonwealth Land Title Insurance Company 185 Old Country Road, Suite 2 Riverhead~ NY 11901 Phone: (631) 727-7760 Fax: (631) 727-7818 ~.~. LandAmerica Commonwealth Title No: RH05304791 Applicant: ]. Kevin McLaughlin, Esq. Order Type: Informational CONFIRMATION Attorney for Buyer/Borrower ], Kevin McLaughlin, Esq. Winds Way Professional Center 44210 Route 48 P.O. Box 1210 Southold, NY 11971 Phone: 631-765-6085 Fax: 631-765-1856 Sales Rep: Robert Gaffga Date of Application: December 20, 200~; Record Owner (per applicant): Irma Voigt Premises: 1125 West Cove Road, Nassau Point, NY 11935 District: 1000, Section: 111.00, Block: 03.00, Lot(s): 014.000 County of: Suffolk T/O Southold TRANSACTION: Single & Separate Survey ]~nstructions and/or Additional Searches Ordered: WE ARE PLEASED TO CONFlrRM YOUR APpLTCATrON FOR 'rXTLE EXAMZNATI'ON AND INSURANCE. THE EXAMI'NAT1rON TS NOW rN PROGRESS, PLEASE CALL US WZTH ANY SPECZAL lrNSTRUCT][ONS OR I'F ANY CORRECT1rONS SHOULD BE MADE TN THE ]:NFORMATlrON DETATLED HERE1rN. THANK YOU. I'F THrS ~'S A REFrNANCE WTTHTN TEN (10) YEARS~ You MAY BE ENTTTLED TO A REDUCED PREMZUM. CONTACT THZS COMPANY TMMEDI'ATELY FOR DETATLS Confirmation Page I of 1 LandAmerica Commonwealth Invoice Date: 12/20/2005 File Number: 05304791 Phone: (631) 727-7760 Fax: (631) 727-7818 Customer #: 879 TO: ]. Kevin McLaughlin, Esq. Winds Way Professional Center 44210 Route 48 P.O. Box 1210 Southold, NY 11971 From: Commonwealth Land Title Insurance Company 185 Old Country Road, Suite 2 Riverhead, NY 11901 (631) 727-7760 Regarding: 1125 West Cove Road Nassau Point, NY 11935 Record Owner: Irma Voigt $402.00 $402.00 Single & Separate Total $402.00 Thank you! Commonwealth Land Title Insurance Company 185 Old Country Road~ Suite 2 Riverhead~ NY 11901 Phone: (631) 727-7760 Fax: (631) 727-7818 r~ LandAmerica ~ Commonwealth Title NO: RH05304791 SI~NGLE AND SEPARATE SEARCH COMMONWEALTH LAND TITLE INSURANCE COMPANY DOES HEREBY CERTIFY TO: Town of Southold THAT it has caused a search to be made in the Office of the Clerk of the County of Suffolk, in the State of New York, against the premises described herein and properly adjacent thereto on all sides from 03/08/78 to date to ascertain the fee chain of title respecting the premises described herein and the property adjacent thereto and has found only the returns as set forth herein on the following pages as they bear on record title; and Certifies that the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein. This Company's liability is limited to Twenty Five Thousand ($25,000.00) Dollars. NO policy of insurance is to be issued hereunder. Premises: 1128 West Cove Road, Nassau Point, NY 11935 District: 1000, Section: 111.00, Block: 03.00, Lot(s): 014.000 County of: Suffolk T/O Southold Commonwealt,h Land Title Insurance Company BY: .~ ~ Robert Gaffga Vice President Dated: December 1, 2005 Single and Separate Search Page 1 of 6 Title No: RH05304791 CHAtN OF TTTLE FOR SUB3ECT PREM]:SES: 1000 - 111.00 - 03.00 - 014.000 DEED Dated: 03/08/78 .1ohn .1..1ohnstone Rec': 03/13/79 To Liber: 8595 Page: 67 Emil Voigt and Irma Voigt Emil Voigt, Sr. died 07/22/98. Suffolk County Surrogate's Court File No. 585 P 1998. Last Deed of Record Commonwealth Land Title I~rance Company ~ober~ ~'~fl?g~ / ~'//j/ J Vice President ' ~ SingJe and Separate Search Subscribed and Sworn to this 1st day of December, 2005. Title No: RH05304791 CHAIN OF TTTLE PREMISES TO THE NORTH: 1000 - 111.00 - 03,00 - 007.000 DEED Joan E. Foote To Joan F, Foote and Charles F. Foote Dated: 09/10/86 Rec': 10/23/86 Liber: 10152 Page: 168 DEED Charles F. Foote and Joan E. Foote To Kevin D. Foote Dated: 09/10/86 Rec': 10/23/86 Liber: 10152 Page: 170 DEED Kevin D. Foote To Sukru Ilgin Dated: 04/02/87 Rec': 04/10/87 Liber: 10291 Page: 286 Last Deed of Record Commonwealth Land Title Insurance Company BY: ~.~f~ ~ Robert GaffgA Vice President Single and Separate Search Subscribed and Sworn to this 1St day of December, 2005. Title No: RH05304791 CHATN OF TITLE FOR PREMISES TO THE SOUTH: "West Cove Road" Commonw/~ Land Titlej~I/I/I~surance Company BY: ~~-- ~obe~ ~fga ~'/£ I Vice President F(~ Single and Separate Search Subscribed and Sworn to this 1st day of December, 2005. Title No: RH05304791 CHA~ZN OF TTTLE FOR PREM'rSES TO THE EAST: 1000 - 111.00 - 03.00 - 013.001 DEED Alita L. Martz To Marion M. McCall Dated: 07/14/72 Rec': 07/17/72 Liber: 7199 Page: 95 DEED Aimee Miller, as Executrix under the Last Will and Testament of Marion Miller McCall, a/k/a Marion M. Robinson To Sara Trefman Dated: 07/05/95 Rec': 07/12/95 Liber: 11732 Page: 809 Last Deed of Record Commonwealth Land Title insu.~ance Company Robert G~f~" Vice President' Single and Separate Search Subscribed and Sworn to this ist day of December, 2005. Notary Public ' '- :' ~ ~ Title No: RH05304791 CHAIN OF TITLE FOR PREMISES TO THE WEST: 1000 - 111.00 - 03.00 - 015.000 DEED .lohn .]ohnstone and Evelyn 3ohnstone, his wife To Trma Voigt Dated: 03/08/78 Rec': 03/13/79 Liber: 8595 Page: 73 Last Deed of Record Commonw,~a/jd Title Insurance Company Robert Gaffga Vice President Single and Separate Search Subscribed and Sworn to this is~ day of December, 2005. Notary rUull~. - '1 Commonwealth Land Title Tnsurance Company 185 Old Country Road~ Suite 2 Riverhead, NY 11901 Phone: ¢631) 727-7760 Fax: (631) 727-7818 LandAmerica Commonwealth Title No: RH05304792 Applicant: .1. Kevin HcLaughlin, Esq. Order Type: Informational CONFIRMATTON Sales Rep: Robert Gaffga Date of Application: December 20, 2005 Attorney for Buyer/Borrower ]. Kevin HcLaughlin, Esq. Winds Way Professional Center 44210 Route 48 P.O. Box 1210 Southold, NY 11971 Phone: 631-76S-6085 Fax: 631-765-1856 Record Owner (per applicant): Irma Voigt Premises: 1025 West Cove Road, Nassau Point, NY 11935 District: 1000, Section: 111.00, Block: 03.00, Lot(s): 015.000 County of: Suffolk T/O S0uthold TRANSACTION: Single & Separate Survey Instructions and/or Additional Searches Ordered: WE ARE PLEASED TO CONFIRM YOUR APPLICATI'ON FOR TI'TLE EXAMINATI~ON AND TNSURANCE. THE EXAMINATION TS NOW TN PROGRESS. PLEASE CALL US WI[TH ANY SPEC]AL INSTRUCTIONS OR IF ANY CORRECT1~ONS SHOULD BE MADE IN THE TNFORMATI'ON DETA[LED HEREIN. THANK YOU, TF TH]IS I'S A REFI'NANCE WI'THI'N TEN (10) YEARS~ YOU MAY BE ENTITLED TO A REDUCED PREMIUM. CONTACT TH]ES COMPANY IMMEDTATELY FOR DETAILS Confirmation Page 1 of 1 LandAmerica Commonwealth Tnvoice Date: :~2/20/2005 File Number: 0S304792 phone: (63~.) 727-7760 Fax: (63~.) 727-7818 Customer #: 879 To: 3. Kevin McLaughlin, Esq. Winds Way Professional Center 44210 Route 48 P.O. Box 1210 Southold, NY 11971 From: Commonwealth Land Title [nsurance Company 185 Old Country Road, Suite 2 Riverhead, NY 11901 (631) 727-7760 Regarding: 1025 West Cove Road Nassau Point, NY 11935 Record Owner: Irma Voigt ~: $402.00 $402.00 Single & Separate Total $402.00 Thank you! Commonwealth Land Title Insurance Company 185 Old Country Road~ Suite 2 Riverhead~ NY 11901 Phone: (631) 727-7760 Fax: (631) 727-7818 r~ LandAmerica mm. Commonwealth Title No: RH05304792 STNGLE AND SEPARATE SEARCH T][TLE NO: RH05304792 Effective Date: December 1, 2005 COMMONWEALTH LAND TITLE TNSURANCE COMPANY DOES HEREBY CERT];FY TO: ' TOWN OF SOUTHOLD AND 3. Kevin McLaughlin~ Esq. Winds Way Professional Center 44210 Route 48 P.O. Box 1210 Southold, NY 11971 THAT it has caused a ~earch to be made in the Office of the Clerk of the County of Suffolk, in the State of New York, against the premises described herein and property adjacent thereto on all sides from 12/02/:[982 to date to ascertain the fee chain of title respecting the premises described herein and the property adjacent thereto and has found only the returns as set forth herein on the following pages as they bear on record title; and Certifies that the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein. This Company's liability is limited to Twenty-five Thousand ($25,000.00) Dollars. NO policy of insurance is to be issued hereunder. Premises: :[025 West Cove Road, Nassau Point, NY 1:[935 District: 1000, Section: ~.1~..00, Block: 03.00, Lot(s): 0:[5.000 County of: Suffolk T/O Southold Commonwealth Land Title Tnsu.~ance Company Vice President Title Number: RH05304792 Dated: December 2, 2005 Page I of 6 Title No: RH05304792 CHATN OF TZTLE FOR SUB3ECT PREF4TSES Chain Of Title For Adjacent Premises District: 1000 Section: 111.00 Block: 03.00 Lot: 015.000 Grantor: John ]ohnstone and Evelyn ]ohnstone, his wife Grantee: IrmaVoigt Dated: 3/8/1978 Recorded: 03/13/1979 Liber: 8595 Page 73 LAST DEED OF RECORD Commonwealth Land Title Ins,u~ance Company Vice President Single and Separate Search Subscribed and Sworn to this 27th day of December, 2005. Notary Pub i~;,:!.iq; Title No: RH05304792 Chain Of Title For Adjacent Premises West District: 1000 Section: 111.00 Block: 03.00 Lot: 015.000 Grantor: Mae Enselberg, as Executrix of the Last Will and Testament of Herman L. Enselberg, late of Queens County Grantee: Karl Enselberg Dated: 12/19/1967 Recorded: 02/06/1968 Liber: 6300 Page 423 LAST DEED OF RECORD Commonwealth Land Title Insurance Company BY: ~~~"~ Robert Gaffga ~//,~ / Vice President ' ~ Single and Separate Ssarch Subscribed and Sworn to this 27th day of December, 2005. Title No: RH05304792 Chain Of Title For Adjacent Premises South WEST COVE ROAD Commonwealth Land Title Insurance Company ~Y: ~ob ~ ,~'/-~ Vice President Single and Separate Search Subscribed and Sworn to this 27th day of December, 2005. Notary Public ~,/~,F,;:?;~;~ · , TIUe No: RH05304792 Chain Of Title For Adjacent Premises East District: 1000 Section: lll.00 Block: 03.00 Lot: 014.000 Grantor: ]ohn3. Johnstone Grantee: Emil Voigt and irma Voigt, his wife Dated: 3/8/~978 Recorded: 03/Z3/Z979 Liber: 8595 Page 67 Emil Voigt, Sr., died 07/22/1998 (585 S ~998) LAST DEED OF RECORD Commonwealth Land Title I~nY BY: Single and Separate Search Subscribed and Sworn to this 27th day of December, 2005. Notary Publ'c ~ '[' "~ ' ' · o~v~t~lL 5_~3O9~Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-9502 Telephone (631 ) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: The Southold Town Zoning Board of Appeals FROM: Damon Rallis, Permit Examiner, Building Department DATE: May 5, 2008 JuuI-Nielsen Disapproval SCTM# 100 - Section 111 - Block 3- Lot 1~4 Upon further investigation, we have determined that the above referenced lot is NOT merged with the adjoining parcel (1000-111-3-14). Although the parcel was merged at one time and a "waiver of merger" was denied by the Zoning Board of Appeals, the new exemption to the merger law, with respect to death, applies to this property. We have discussed this issue with the town attorney's office and we have provided supporting documentation that confirms this decision. Thank you. 4.~-- ....... ~C~ ' ~'~"~ -~'"'" /~"" D artment Damon R~llis, '~outhold Town ~p APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY ! 1971-0959 Office Location: Town Annex/Fh-st Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 20,2008 Mark Schwartz, Architect P. O. Box 933 Cutchogue, NY 11935 Re: ZBA #6168 - JuuI-Nielsen, Carl Variance application Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's June 16, 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 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 Decision to: Building Department Town Clerk (Original for filing) Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTBAR 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 May 7, 2008 Zoning Appeal No. 6168 Transmitted herewith is Zoning Appeals No. 6168 Carl Juul-Nieisen & Patricia Cadavid Application to the Southold Town Zoning Board of Appeals. Also enclosed is Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Short Environmental Assessment Form, Notice of Disapproval, Copy of Property Record Card (Two Sided), Copy of Application for Building Permit with Disapproval Dated 4/18/2008, Notice of Disapproval, 4 Pages of Drawings of Proposed Additions & Alterations Showing Elevations & Sections Prepared by Mark K. Schwartz, AIA, Survey of Property Prepared by Nathan Taft Corwin III, Lane Surveyor. Office Location: Town Annex/First Floor, North Fork 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 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 29, 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, MAY 29, 2008: 2:35 P.M. CARL JUUL-NIELSEN and PATRICIA CADAVID #6168. Request for Variances under Sections 280-122 and 280-124, based on the Building Inspector's May 5, 2008 Notice of Disapproval and ZBA Interpretation #5039 (Walz) concerning proposed additions and alterations to the existing single-family dwelling. The reasons for disapproving the applicant's request for a building permit are that the new construction will constitute an increase in the degree of nonconformance when proposed with a minimum single side yard setback at less than 15 feet, and with total side yards at less than 35 feet. Location of Property: 1125 West Cove Road, Cutchogue; CTM 111-3-14. 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: May 6, 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 1__ week(s), successively, commencing on the 15~h day of May, 2008. Principal Clerk day of [ne coae nelght limitation of 18 feet/70 1000-125 1 2.6. on ZBA f, 5039 Zoning Code ~terpreta- Creek. Southold: CfM 1000-70-5-34. McLAUGHLIN #616Z Reques~ for a TOWN OF SOUTHOLD PROPERTY RECORD CARD ,,~_ .? OWNER FORMER OWNER N S VILLAGE DISTRICT SUB. W TYPE OF BUILDING LOT LAND I SEAS'iMP. AGE NEW Form Tillable 1 Tillable 2 Tillable 3 Woodland NORMAL Ac re VL. FARM TOTAL DATE BUILDING CONDITION BELOW Value Per Acre Swampland Brushland House Plot I Est. Mkt. Value ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD M. Bldg. Extension Extension Extension Breezeway Garage ,Fo/dation ~.ff..~ Both ] Basement ?~-~ Floors ~.ff~.__ Walls ~-'~ £'~-~"~'"~'J7'~/-/} "~ Interior Finish Fire Place .~,~ Heat r Roof Type Porch Rooms 1st Floor Patio Rooms 2nd Floor Dormer Drivewc~y OWNER FORMER OWNER TOWN SOUTHOLD PROPERTY RInD CARD V,L~C~ o~s'm,cr J sue. W TYPE OF BUII.DIN~ IMP. _..L2 66 TOTAL FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland Brushland Ho~e Plot J FRONTAGE ON WATER FRONTAGE ON ROAD ,~ I i I I I I I I~11!,1~,~' I I I I I I i I' T1 :, I I..111~£ /-I / I /J.I,.L I,,,~1 I I I I I '1- "I"'1-1 I i i I I I' / !-! I I .I,.l.lv~,-I :1' L', I/ I// ; ! , I! I/ / I ! : ~ i I:.ff! ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ~ame of Applicants) CTMParcel#1000- lit - o,~ - Iq- AFFIDAVIT OF MAJLINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ New York, b~ing duly sworn, depose and say thati On the/t" ay of /tl,/fqe' w '~g' [ Post Office in C~TZ/'~'O ~__~ York, by CERTlFIEDPers°nallYMAiL,mailed RETURNat the UnitedREcEl]pTStates 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 .(~Assessors, or ( ) County Real Property Office , for every property'which abuts and is across a public or priv?te street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this /B dayof ~ ,200~ (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmnbers next to the owner names and addresses for which notices were mailed. Thank you. OONNIE D. BUNCH Notary Publio, State of New ~olk No. 01BU6185050 ~ualmed in Su~olk Cotmty Commissiofl Expires Xl~i£[~,i-~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POST1NG Regarding Posting of Sign upon Applicant's Land Identified as :°._°.°._LI_!./.._:.¢..3_.:_L4__ ................ COUNTY OF SUFFOLK) STATE OF NEW YORK) ~-~~, New Yin:k, being duly sworn, depose and say that: P O.n the_ ~, f day of_/~t~.~ ,~__, I personally placed the Town's official oster, wtth the date of hearing and fiature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has rema/ned in place for the subject heating date, which heafing date was shown to be Sworn to before me this day of J-'~O O ~_ , 200 date of gnature) (Notary Pubhc) *near the entrance or driveway entrance of my property, as the area most visible to passersby. ru $0,42 $2,70 $2.20 $0.00 $5,32 FU Postage Certified Fee D Return Receipt Fee (EndorSement Required) Restricted Delivery Fee (EndorSement Required) Total Postage & Fees $ $0.~2 $2.70 $2.20 $0.00 $5.32 [~ (EndorSement Required) Restricted Delivew Fee (Endorsement Required) FU ru Postage ru Certified Fee [~ Return Receipt Fee [~ (Endorsement Required) Restricted Delivery Fee ~ (Endorsement Required) Ltl Total Pestage & Fees rU $2.70 $0.00 $6.32 )5/12/~0~)B - or PO Box NO CI State, IP+ ru Postage nj Certified Fee ,:3- D Return Receipt Fee [~] (EndorSement Required) Restricted Delivery Fee [~ (Endorsement Required) $0.42 $2.~ $2.20 ~.® Total Postage & Fees $ $5,32 Sent TO [ ~:¢¢4 ~: ~:;'~ ~'~'~-: '-- ~%-~'~;-~ ....... % .......% ............ I · Complete items 1, 2, and 3. Also somple~"e' item 4 if Restflcted Delivery Is desired. · Pdnt your naree and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D~ent B. Recaived by ( PHnted Neme) D. Is delive~j address different from item 17/D '~es / If YES, enter delivery address baiow: r'l No ~__.eetifled Mall [] Express Mall [ [] Registered [] Retum Recaipt for Merchandise I~[] Insured Mail [] C.O.D. 2. Article Number phtns~r from s~v~e le~e0 7006 2150 0004 2219 5965 PS Form 3811, February 2004 · Complete items 1,2, and 3. Also complete item 4 if Res'alcted Delivery Is desired. · Print your name and address on the reverse so that we can reture the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: D. is delh,e~/address different from Ifem 1 ? If YES, enter delivery address below: [] No 7006 2150 ~13.~rtified Mail [] ~ Mall [] Reglste~d [] Retum Receipt for Memhand~se [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 0004 2219 6351 PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your naree and address on the reverse so that we can return the card to you. · Attach this casd to the back of the reailplece, or on the front if space permits. 1. Article Addressed to: llf i-I Addressee D. Is daiive~ address different from Item 1 If YES, enter delivery address be[ow: J~.ertifled Mail [] Exprse~ Mall [] Registered [] Return Receipt for Memhandlse [] Insured Mait [] C.O.D, 4. Reebicted Delivery? (Ex/fa Fee) [] yes 2. ArtlcleNumber 7006 2150 0004 2219 5958 PS Form 3811, February 2004 Domeetic Relurn Receipt 102sgs-o24~-lS40 · Complete items 1,2, and 3. Also Complete item 4 ff Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpleca, or on the front h' space permits. 1. Article Addressed to: 5~rv --EI~ in 1000 /'/'~l?~'7'~''-~ //~,~ 2. Article Number ~,~ ~ 7006 2150 .k. ~,pmure X ~ r'l~eent ddres~ee Receh~ed by (F~n~e~ Name) C. Ds~ D. le deliver, eddre~ different from Jtem 171 [] ye~ If ~$, enter delivery acldre~8 bePow: [~No t~ert;lled Mall I-I Express Mall [] Registered [] Retum Receipt for Memhand~e [] Insured Mail [] C.O.D. 4, Re~ttlcted D~ivet~ (Exb'a F~e) [] Yes 0004 2219 6368 '~ ..Comp. l~e items ~, 2, and 3. Also complete A-~l.~t~tAy ~nn,~ r.~. ,-, . Lm...m 4 if Restricted Delivery Is desired. II · sPofi~aY?wUren~ar~er~drna~ddec~rd°~(thereveme II x ~_: ~oyou. . , , ate of · ^.ac~ t~,~ c~ to ~o ~.ck of the ms or on the front if spaca pmmits. '~,J ~j~.rw.,..(.~ ~/'j;~.(..~ J t. ,*,t~c~e^ddre,~to. I1'~. ~sda~addr~r_~,~i~,~ ~? [] Yes ~i/&'.~'"~ G-,'~ .7 O* Y7 · ~ ~.su~ ~a, [] C.O,D. ' ................ 4. Restricted Delhi./? {Ex~a Fee) []Yes 2, Article Number ~7006 2150 0004 2219 6344 orm 381 ~,'F~bma~y 200~ .. ~ ~ ~ ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: JUUL-NIELSEN #6168 MAP #: 11 1-3-14 APPEAL: Yard Setbacks REQUEST: Additions/Alterations DATE: THURSDAY, MAY 29, 2:35 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, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 O ~ONING BOARD OF APPEAL~ O 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: htlp://southtown.northfork.net May ,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, May 29, 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 May 12h: 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_l 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 undeliverable1 you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability1 and to confirm how arran.qements were made in either a written statement, or durinq the hearing, providin.q the returned letter to us as soon as possible; AND not later than May 13th: Please either mail or deliver to our office your Affidavit of Mailinq (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 May 21st: 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 Postinq prior to May 29, 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 Encls. Office Location: Town Annex/First Floor, North Fork 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 11971-0959 FACSIMILE TRANSMITTAL SHEET REFERENCE:: Fax# TOTAL NO. OF PAGES INCLUDING COVER: q SENDER'S TELEPHONE NUMBER: 765-1809 (press l at voice recording) [] URGIENT [] VOR YOUR UPI)ATE [] PLEASE COMMENT [] AS REQUES'IED [] __ _ NOTES/COMMENTS: Please fred atlached copy/copies of the following: Thank you. Sender's hfi fia~90~ APPEALS BOARD MEMB~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 May 6, 2008 Mr. Thomaslsles, Dire~or Suffolk County Departmentof 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 XlV of the Suffolk County Administrative Code: Appl. No. 6168 Action Requested: Within 500 feet of: JuuI-Nieisen Setback Variances ( ) State of County Road ( X ) Waterway (Bay, Sound, 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 File Edit view Toolbar Window Help Prin(~ (he screen )2. 2 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/5/08 ZBA # NAME CHECK # AMOUNT TI~'B~.~m~TAM P 6168 Juul/Nielsen (Mark K. Schwartz) 1557 $400.00 M TOTAL ;400.OO Southold, NY 11971 Date: 05/07/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt'8: 17911 Reference Subtotal 6168 $400.00 Check#:1557 Total Paid: $400.00 Name: Clerk ID: Mark, Schwartz {for Juul/nielsen} P O Box 933 Cutchoclue, NY 11935 CAROLH Internal ID: 6168 1st FLOOR ADDITIONS -- EXISTING 1 STORY w/PROPOSED FLR ADDTN "VEST COV ~o~ o~ ~.~~~ (~¢o~,~ W~s '~ R_OAD T LOop) (~~) PLOT PLAN 1"=20'-0" SURVEY OF LOT 2 REVISED SUBDIVISION PROPERTY OF ALONZO JERSEY BEING PLOT No. 282 OF NASSAU CLUB PROPERTIES, Inc. FILE No. 765 FILED APRIL 28, 1950 SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-05-14 SCALE 1"=20' OCTOBER 10, 2007 AREA = 27,906 sq. ff. 0.641 ac. NOTES: 1. ELEVATIONS ARE REFERENCED EXISTING ELEVATIONS ARE '90.00, // '~ TO AN ASSUMED DAIUM SHOWN TI-lUSt 5o.o CERTIFIED TO: FIDELITY NATIONAL TITLE CARL JUUL-NIELSEN PATEIClA CADAVID INSURANCE COMPANY OF NEW YORK d ® Q / APR 2 9 2008 '~'~/a.l¢ , BOARD 0 ~rAq,~k~ Nathan Land 50467 Taft Car Surveyor PHONE (651)727-2090 Fox (631)727-1727