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HomeMy WebLinkAbout6207 ELIZABETH A. NEV~I,I,E, RMC. CMC 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~ Town Board Town Attorney ZBA John Cushman, Comptroller Jon Shearin, Roy Reeve Agency From: Linda J. Cooper, Deputy Town Clerk NEAR I 0 2009 Date: March 9, 2009 Re: Notice - Article 78 H. Traendly & B Cadwallader Attached hereto is an Article 78 filed by Henry Traendly and Barbara Cadwallader against the ZBA. REQIIST FOR JUDICIAL INTERV~ITION COCS-84~l~ev. 1/2000) SUPREME COURT, SUFFOLK COUNTY INDEX NO. 09- DATE PURCHASED 3/q/09 In the Matter of the Application of HENRY TRAENDLY and BARBARA CADWALLADER, Petitioners, For a Judgment pursuant to Article 78 of the Civil Practice Laws and Rules - against - ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. Jud~ A pasca~e IAS entry date Judge Assigned Date issue joined: Bill xof particulars served (Y/N): No NATURE OF JUDICIAL INTERVENTION (chec'~E box only and enter information) '" [ ] Request for preliminary conference ? ~ [X] Notice of Petition (Return date Ju, ne 5, 2009) o. x. Relief sought: annul and reverse ZBA s t/22/09 Findings, · . ~ . ,;.)k.,~ Deliberations and Determination. · 'i~ ~ .; ~.' [ j Note of issue and/or certificate of readiness ", .~ '~ i~/-' [ ] Notice of medical or dental malpractice action (specify) [ ] Statement of net worth [ ] Writ of Habeas Corpus [ ] Other (specify: RJI Date [ ] Notice of motion (remm"d,ate Relief sought [ ] Order to show cause (Clerk enter return date Relief Sought [ ] Other ex parte application (specify: RECEIVED IdAR 9 2009 Southold Towl~ Cleri NATURE OF ACTION OR PROCEEDING (check ONE box only) [ ] Contested -CM [ ] Uncontested -UM COMMERCIAL [ ] Contract -CONT . [ ] Corporate -CORP [ ] Insurance (where insurer is a party, except arbitration) -INS [ ] UCC (including sales, negotiable instruments) -UCC [ ]*Other Commercial -OC TORTS Malpractice [ ] Medical/Podiatric [ ] Dental [ ] * Other Professional Motor Vehicle *Products Liability [ ] Environmental [ ] Asbestos [ ] Breast Implant [ ] *Other Negligence - MM - DM - OPM - ASB - BI - OTN - EN REAL PROPERTY [ ] Tax Certiorari -TAX [ ] Foreclosure -FOR [ ] Condemnation -COND [ l Landlord/Tenatu -LT [ ] *Other Real Property -ORP OTHER MATTERS [ ]* ~,, -OTH '~UY.~ m ~* ~*~ '¢,~ ,.~c c ti.,', ~'--/4 ,~ [ ] *Other Tort (including intentional) SPECIAL PROCEEDINGS ] Art. 75 (Arbitration) ] Art. 77 (Trusts) [X] Article 78 ] Election Law ] Guardianship - (MHL Art. 81 ]*Other Mental Hygiene ]*Other Special Proceeding - TO - ART 75 ~ ART 77 - ART 78 - ELEC - GUARD 81 - MHYG -OSP Check "YES" or "NO" for each of the following questions. Is this action/proceeding against a IX] YES [ ] NO Municipality: (Specify: Town of [ ] YES IX] NO l~blic Authority: (Specify: Southold) [X] YES [ ] NO Does.this action/proceeding seek equitable relief/ [ ] YES IX] NO Does this action/proceeding seek recovery for personal injury? [ ] YES [X] NO Does this action/proceeding seek recovery for property damage7 Pre-Note Time Frames: (This applies to all eases except contested matrimonials and ~ax certiorari eases) Estimates time period for cases to be ready for trial (from filing RJI to filing Note of Issue): [X] Expedited! 0-8 months D Standard: 9-12 months D Complex: 13-15 months Contested Matrimonial Cases Only: (Check and give date) Has summons been served [ ] NO [ ] YES. Date Was a Notice of Necessity filed? [ ] NO [ ] YES, Date ATTORNEY(S) FOR PETITIONER(S)/PLAINTIFF(S): Self NAME ADDRESS PHONE [ ] Esselcs. Hefter & Angel, LLP108 East Main Street, P.O. Box 279, Riverhead~ NY 11901, (631) 369-1700 ATTORNEY(S) FOR DEFENDANT(S)/R~..~PONDENT(S): Self NAME ADDRESS Rep* -[ ] Unknown PHONE [] [] *Self Represented: Parties representing themselves, without atwmey, should check the "Self Rep.' box and enter thetr name, address, and phone/tin the space provided above for attorneys. INSURANCE CARRIERS: RELATED CASES: (IF NONE, write "NONE" below) Title Index # Court Nature of Relationship NONE I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REf~HJI~ST FOR JUDICIAL INTERVENTION Dated: March 3, 2009 J~,~ (SI~ATURE) Anthony' C. Pasca (PRINT NAME) Esseks, Hefter & Angel~ LLP ATTORNEY FOR PETITIONERS SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of Index No. 09- (~ c~-~_-~ HENRY TRAENDLY and BARBARA CADWALLADER, Petitioners, For a Judgment under Article 78 of the Civil Practice Law and Rules - against- ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, RECEIVED RECEIVEDNOTICE OFM°A~TIT~O~9 ~AR 9 2009 $outhohl Tow. ¢ler~ FILED kIAR 0 4 2009 Respondent. JuQJtn ~.wascaJe ~LERK OF SUFFOLK COUNT~ PLEASE TAKE NOTICE, that, upon the annexed petition of HENRY TRAENDLY and BARBARA CADWALLADER, verified on the 4th day of March, 2009 and upon all the papers and proceedings had before the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, an application will be made to an Individual Assignment Part of this Court, to be held at the courthouse thereof located at Court Street, Riverhead, New York, on the 5th day of June, 2009, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 annulling and reversing the "Findings, Deliberations and Determination" dated January 22, 2009 issued by Respondent, Zoning Board of Appeals of the Town of Southold, and filed with the Town Clerk of the Town of Southold on February 6, 2009, upon the grounds that said Findings, Deliberations and Determination of the Respondent was made in violation of? lawful~procedure, was affected by errors of law, was arbitrary and capricious, was abuse of discretion, and was not supported by substantial evidence, and for such other and further relief as may seem just and proper. PLEASE TAKE FURTHER NOTICE that, an answer and supporting affidavits, if any, shall be served at least five (5) days before the aforesaid date of hearing. Petitioner designates Suffolk County as the place of trial. The basis of venue is that respondent, Zoning Board of Appeals of the Town of Southold, is a board or agency of a municipality located wholly within the County of Suffolk. Dated: Riverhead, New York March 4, 2009 Yours, etc. by: E~gel, LLP Z'ANTH~N~Y C. PASCA Attorneys for Petitioners 108 East Main Street P.O. Box 279 Riverhead, NY 11901 (631) 369-1700 To: Zoning Board of Appeals of The Town of Southold (By Service Upon Town Clerk, pursuant to CPLR 312) Patricia Finnegan, Esq. Southold Town Attorney (Courtesy Copy) ii APPEALS BOARD MEMBERe Gerard P. Goehringer, Chairman Ruth D. Oliva James 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 · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197i IYED FINDINGS, DELIBERATIONS AND DETERMINA~~. ~ MEETING OF JANUARY 22, 2009 $outhold Town ZBA File ~ ¢g07 Names of Applicant: HENRY T~ENDLY Location of ProperLy: 13000 ~IN ~OAD, EAST ~ION CTM 1000-31-14-11 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The two properties which are the subject of the applicant's request for an unmerger are shown on the Suffolk County Tax Map as District 1000 Section 31 Block 14 Lot Number 11 ('CTM 11'), owned by the applicant, and Section 31 Block 14 Lot Number 12 ('CTM 12') for the adjacent property. CTM 11 contains 7,087 square feet with 35 feet along the Main Road (a/k/a N.Y.S. Route 25) and extending 209.43 feet to a tie line along approximately high water mark of Orient Harbor, as shown by a survey prepared for Chardstol by Kenneth F. Abruzzo, L.S. dated July 23, 1996 (job #96-0575). The property is improved with a garage. CTM 12 contains 44,174 square feet and is improved with a dwelling and accessory garage, as shown on the November 21, 1984 survey prepared for Ireme McKasty by Howard W. Young, L.S.. BASIS OF APPLICATION: This application is a request for a waiver of merger under Section 280-11 to unmerge two properties based on an application for a building permit and the Building Inspector's amended July 25, 2008 Notice of Disapproval. The Building Inspector states that the Page 2 - January 22, 2009 ZBA it 6207 - Henry Traendly CTM 31-14-11 amended July 25, 2008 Notice of Disapproval is based on a survey by Louis G. Schwartz updated 7/15/2008 to address the merger of the subject lot which merged with an adjacent lot to the northeast (SCTM # 1000-31-14-12) pursuant to Article II, Section 280-10, which states: Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." FINDINGS OF FACT The Zoning Board of Appeals held a public hearing concerning this property on September 25, 2008 and on January 8, 2009, at which time written and oral evidence were presented. Special Circumstances: The Assistant Town Attorney at the request of the Building Inspector advised that the adjacent lot 12 was merged with the applicant's subject CTM 11 during the September 25, 2008 area variance hearing. The Building Inspector confirmed that the determination on July 25, 2008. During the January 8, 2009 public hearing Mr. Traendly requested severing the lot merger issue before the Board from the remaining area variance application, 'and therefore the remaining issues under ZBA File # 6154 will be held in abeyance until the waiver to unmerge has been decided. Uniqueness of Application to unmerge CTM 11: During the hearing, the applicant testified that he transferred title in 2005 to CTM 12, an improved lot. CTM 12 is 44,174 square feet (1.01 acres), there was no attempt to create a lot line change to add square footage to CTM 11, before the sale of CTM 12. The Zoning Board finds that, pursuant to Resolution No. 2008-950 adopted by the Southold Town Board on October 21, 2008, amending the Zoning Code Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the applicant's request for a waiver is denied for the following reasons: Page 3 - January 22, 2009 ZBA # 6207 - Henry Traendly CTM 31-14-11 1. The waiver would recognize a lot that is not comparable in size to the majority of the improved lots in the area because an analysis of the immediate area indicates the following: · Tax Lot 1000-31-14-12, with which the subject lot CTM 11 is merged, is 44,174 square feet (1.01 acres) and is improved with a home. · Tax Lot 1000-31-14-11, the subject property, is .16 of an acre and is improved with a garage. · Tax Lot 1000-31-14 -10 is .20 of an acre, improved with a home. · Tax Lot 1000-31-14-14 is .28 of an acre, improved with a home. · Tax Lot 1000-31-14-9 is .49 of an acre, improved with a home. · Tax Lot 1000-31-14-13 is .51 of an acre, improved with a home. · Tax Lot 1000-31-14-15 is .47 of an acre, improved with a home. · Tax Lot 1000-31-14-8.1 is .49 of an acre, improved with a home. · Tax Lot 1000-31-14-8.2 is .46 of an acre, improved with a home. · Tax Lot 1000-31-14-7 is 1.6 acres, improved with a home. Across the Main Road at District 1000 Section 31 Block 5 are: · Tax Lot 1000-31-5 10.2 is 1.75 acres, improved with a home. · Tax Lot 1000-31-5-9.1 is .58 of an acre, improved with a small structure. · Tax Lot 1000-31-5-8.1 is .87 of an acre, improved with a home. This analysis indicates 12 properties within the immediate area, six of which are three times larger in area than the subject property. Also, one is five (5) Page 4 - January 22, 2009 ZBA # 6207 - Henry Traendly CTM 31-14-11 times larger than the subject property, and two others are ten (10) times larger than the subject property. 2. The waiver would recognize a lot that is not vacant. The evidence shows it had not been treated and maintained as a separate and independent resident lot since the date of its original creation and the evidence shows in fact that it is improved by an accessory building. 3. The proposed waiver and recognition will create an adverse impact on the physical or environmental conditions in the neighborhood or district because: a. CTM 11 is very narrow and impacts both parcels on either side. b. The neighborhood consists of many one-half acre lots and larger lots. c. Construction on this property will impact the fragile nature of this area to include Dam Pond and Orient Harbor, reference May 10, 2007 letter issued by the Town LWRP Coordinator to the Town Trustees confirming inconsistency under Chapter 268 Waterfront Consistency Review, Southold Town Code, and standards of Local Waterfront Revitalization Program (LWRP) Policy Standards. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code Chapter 280, Article II, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to DENY the waiver, as applied. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). RUTH D. OLIVA, VICE CHAIRWOMAN Approved for Filing 2/~ /2009 Town Annex/Fkst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http:Hsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February4,2009 By Regular Mail and Fax 779-2647 Mr. Henry Traendly P.O. Box 1589 Jamesport, NY 11947 Re: ZBA File No. 6207 - Application for Waiver of Merger Dear Mr. Traendly: Please find enclosed a copy of the Zoning Board of Appeals determination rendered January 22, 2009. The original is today being transmitted to the Town Clerk's Office for filing and permanent recordkeeping. Thank you. Very truly yours, Encl. Linda Kowalski NOTICE OF DISAPPROVAl TO: Group Intemational Associates (Traendly) 3 Tall Tree Circle Jamesport, NY 11947 283008 BOARD OF APPEALS DATE: january 30, 2008' AMENDED & RENEWED: July 18, 2008 AMEN~ 108 Please take notice that your application dated January 7, 2008 For permit for demolition of an existing garage and construction c ,AUG -I1 2oo g at Location of property: 13000 Main Road, East Marion County Tax Map No. 1000 - Section 31 Block 1..~4 Lot 1_~1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7,087 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet, and a minimum front yard setback of 35 feet. Following the proposed additions and alterations, the dwelling will have a single yard setback of+/- 2 feet, a total side yard setback of 10 feet and a front yard setback of 20 feet. In addition, the subject lot has merged with an adjacent lot to the northeast (SCTM # 1000-31- 14-12) pursuant to Article II Section 280-10, which statesl "Merger. A nonconforming lot shall merge with an adiacent conforming or aonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adiacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." This Notice of Disapproval was based on a survey by Louis G. Schwartz, dated 11/28/07 and amended based on an updated survey, dated 7/15/8, and on 7/25/8 to address merger. / // ~ri: ~d Signature -- Note to Applicant: Any change or deviation to the above referenced application, may require NOTES: · = MONUMENT FOUND AREA -- 7087 S,F, Young & Young, £and Surveyors 400 Ostrander Avenue, Riverhe~d, New York 11901 · 515-727-2303 SURVEY FOR: CHARDSTOL At: EAST MARION Town Suffolk County, New York of: SOUTHOLD 1000 31 Suff. Co~ Tax Mop: ~ i DIstHct Section Block Lot INSURANCE COMPANY ~'/' ~'"'~ sc^,E O^TE .': JULY, "-JO 23.. ,996 JOB NO, : 96-0575 SNEET NO, :1 OF 1 "~7~,DW~" F I IIII Fee: $ Filed by: Office Notes: DEC 1 8 2008 For Office Use Only_ Date Assigned/ZBA File # WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERMiNATION OF DATED O7 /ox~[O~ WHEREBY THE THE BUILDING INSPECTOR BUILDiNG INSPECTOR DENIED AN APPLICATION DATED under Town Code Chapter 280 (Zoning), Article II, Section 280- ! O for: [] Building Permit [] Permit for As-Built Construction [] Certificate of Occupancy [] Pre-Certificate of Occupancy Owner of Parcel for Waiver: ~'}orcq Owner of Adjacent Parcel: 0;1 Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. MailingAddress:"~.O.'~o-t, t~fSq ,~ql't'~e~sDo~'"r-, ~'q. Ilqq-/ Telephone No: (o~i · "l q c~ · Agent for Owner: Address: Telephone No: Fax/Email: Please/~pecify who you wish correspondence to be mailed to, from the above: [gOwner, or [2 Authorized Representative I (we), ~e~J ~-~-~ ~c. "l~v~e3c~ 1,-I ~ ~ ~ 0' 0~ a II Aa ~ , request ~at the~oning Bo~d of A~peals waiver the merger ~d reco~ize the ofi~nal lot lines under the provisions of ~icle II, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for the p~ose of to umerge Suffolk County Tax Map District 1000, Section ~ t Block I ~ Lot ~ [ cont~ning '~O3 ~ squ~e feet located at ~ 13~0S~eet~ff~>x- ¢.~1~;o~ tl~9 , to be umerged from District 1000 Sect~ ~ Block 1~ Lot [~ containingqq~ ~¢ squ~e feet. The prope~y is located in the ~ ¢ O Residential Zone District. Page 2 - APPLICATION ~WAIVER TO UNMERGE PROPERTY The lot to be unmerged was originally created by deed dated 3~U~C~q od. lq q'l, is vacant, and has historically been treated and maintained as a separate a[nd i~dependent residential lot since the date of its original creation. The lot to be unmerged has not been transferred to an unrelated person or entity since the time the merger was effected. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: ,~' ~ rTOc:H Ed. ,.~>pl~w~e4'~-F ,q~'~l Ct-4q~---~4-~ (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: Please check one or more of the following that apply to the lot to be nnmerged: [] This lot was formerly approved by the Southold Town Planning Board on (attach copy). [] This lot was approved or shown on a map approved by the Southold Town Board dufingl9'"/3 (attachcopy).,~C-E $Grer~ ~q 5 ~'t gSTr~u bl i s h ~x..t OW ~ This lot was approved by the Board of Appeals on ~lease attach). ~ ~ ~ _ ~ (~). c ........ ;-D' A se~ek o~T~ wn records found no approvals or other action by the Town of O ) ~:~Sr~t~ld;~e~ept fol Application ~ ~ in the Ye~ (please attach copy). Page 3 - APPLICATION~I~AIVER TO UNMERGE PROPERTY [] A search of Town records found a Certificate of Occupancy was~izetr~ / / for a dwelling or other purpose on SCTM Lot # (please a/ti (Attach additional sheets if needed).~ (....~ ~ S~j)m to before ~e this /o day of Owner (Parcel 2) Sworn to before me this day of ,2O0 Notary Public ZBA 12/95; 3/06; 11/08 OEC 18 2OO8 / / ~.,~,~ION L~I~£ TOWN OF SOUTHOLO MAIN MAt~ION LAKE legenc~ ? DEC 18 2008 Real COUNTY OF SUFFOLK I~o..o~ SOUTHOLD Properly Tax Service Agency ,,LL~O~ __ H. Russell Haase, Director OISTRICTNO. JOOO Riverhead, L. I., New York ~ SECTION NO. HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 DEC 1 B 200B December. i8.~2008-~ To: Zoning Board of Appeals ["ZBA'] - Southold ZBA # 6207 Subject: Supplement to Our Waiver To Unmerge Property Application for S C T M # 1000 31 14 11 ["Subject Lot"] & Adjoining Previously Sold property 1000 31 14 12 Mr. Chairman and Ladies and Gentlemen of the ZBA Board, Please consider this as part of our attached Application for sections (1), (2), & (3) Of "Applicants Reason's", as follows below: (1) The Waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: The neighborhood, consisting of many bay-front lots in District 1000, stretches westward from the subject property to Marion Lake. This area has a long Southold Zoning history of residential development and improvement of comparable small substandard nonconforming lots many of which were originally created by deeds recorded in the Suffolk County Clerks Office prior to adoption of Southold's Zoning Ordinance and/or, prior to June 30, 1983. Virtually all of these lots have been fully developed with residences and/or other buildings and many of them are non- conforming with well established preexisting setbacks and area volume deficiencies. A number of these lots are similar in size to the subject lot and some are smaller. It is important to note that the remainder of the neighborhood is also fully developed or, not good candidates for development under R 40 Zoning or due to environmental constraints. The subject lot was created in a similar County deed filing fashion in January 1947 and was at that time in conformity to minimum lot requirements under the Bulk Schedule AA. The immediately surrounding and adjoining properties are all improved with residences, have C of Os and most have non conforming minimal setbacks [similar to those the subject property would have if developed] and the westerly waterfront lots are comparable in appearance to within one or two feet of road fi-ontagn on NY Rte. 25 as well as their general esthetics. The subject lots potential non-conformity [side and front yard set backs] would not be materially greater than the adjoining lots and not infrequently evidenced in the neighborhood. The subject lots non-conforming physical characteristics [deep but narrow waterfront] is not uncommon to the neighborhood or to the homes put on them and the subject property's prospective development would necessarily dictate an esthetically similar architectural design to replace a neighborhood "eyesore". It is believed that the subject lot may be the last of the originally recognized and undeveloped lots in this shoreline neighborhood (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: As stated above, the subject was created by a deed recorded in the County Clerks Office in January 1947 [to Arthur Limouze], recognized and shown on all published Suffolk County Tax Maps published to date and recognized by Southold Township. The lot remained within Limouze family ownership for almost 50 years until its sale to us in 1996. [Note -the subject lot was single and separate after we purchased it and the Limouze family did not own any of the adjoining properties]. For almost 62 years until it was deemed to be merged by operation of law [July 25, 2008] the subject lot has been treated as a distinct and lawfully recognized property by all its owners and it has never serviced or appeared to be combined with any other property by any of its owners and has remained a separate property in the eyes of the Southotd Township and Suffolk County taxing and other administrative authorities. During the ensuing years of our ownership eve~j effort was made to distinguish the subject property from our adjoining improved residential property. A six foot high stockade fence was added and rebuilt on the common side of the two properties and the preexisting garage structure on the residential property provided a supplementary and architecturally defining structural delineation. The subject lot was never landscaped or otherwise visually improved to sustain the lots separation. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: The property is virtually level and there are no serious drainage or evidence of erosion issues. Further, the environmentally friendly characteristics of the property is evidenced by the granting of Tmstee's Permit and the LWRP's exception for development purposes. Assuming there is development oftbe property, there will be no significant alterations of natural details, contours or slopes oftbe land and no substantial filling will be required. Unlike a notable number of other properties in the neighborhood, the subject lot is, and will in fact remain, more environmentally and ecologically stable. In addition, the subject lot is neutral or better and noncontributory as respects flood concerns. Finally, the re-recognition of arguably one, if not the only, remaining modest sized unimproved waterfront in the neighborhood for the purpose of development, will have an infinitesimal effect on the physical surroundings and the environment of the neighborhood and there is no evidence to suggest otherwise. One has only to tour the neighborhood and review the Official Suffolk County Tax Map for this District to verify the preceding. Respectful~l~bmitted Page 3 - APPLICATION O WAIVER T.O LrNMERGE PROPERTY ZBA # [] A search of Town records found a Certificate of Occupancy was issfiod for a dwelling or other purpose on SCTM Lot #__ (please attach copY). (Attach additional sheets if needed), i~' '////% Owne (/~acel 1) / / Sworn to before me this day of ", 200 Notary Public LINDA F. KOWAL~K! NOTARY PUBLIC, STATE OF NEW YORK NO 52-4624771 ': '_! ~'"'5_-D IN SUFFOLK COUI~.~TY COU.;,/,ISSION EXPIRES NOV 30, 2.0 / Owner (Parcel 2) Sworn to before me this day of ,200__ Notary Public ZBA 12/95; 3/06; 11/08 WAIVER T£ APPLICATION TO THE S( L{~JJ ~J]~UNMERGE PROPERTY i.~.A¥~p~;~v~,.,x_~ ~ b, ppEb, LS Fee: $/Dr'b,/'Filed by: #,~.~FOr' O~c,e Use Or~y A _ OfficeNotes: / ]l~d ~~ 4 ~ ~ ~,~ ~Ii~ ~ z~ ] Parcel Location: House No. 1~020_ Street (B~ M ~ SCTM 1000 Section lO00 Block 31 Lot Id( + Lot I I Zone District~.. qO Hamlet Lot Sizes APPLICATION BASED ON THE WRITTEN Dt3TERI~INATION OF THE BUILDING INSPECTOR DATED: V/'Lj-/O~- . ~A. pp..licant/Owner(s)L'k~Oe'~ J-[. "T'i~l,/'"-~le.~e..~g).~ac-_~tam II,~Mcre~, iwaitingAddress: rP.O..~:ff~t~2~~ I~gq ZI'"~Y'~.<:~?L-"F: S,O,J IlOlOc'-] Telephone No: (,,~l- '/'~q-_~l~o7 FaxNo. 03~' Note: If applicant is not the owner, state if applicant is o~vner's attorney, agent, architect, builder, contract Velldee, etc. Authorized Representative: Address: Telephone No: Fax No. Please specify who you wish correspondence to be mailed to, from the above listed n_[il//(~plicant/Ownerames: [] Authorized Representative [] Other: WHEREBY THE BUILDiNG iNSPECTOR DENIED AN APPLICATION DATED 031~5~Ot:1 FOR: 8//Building Permit D Certificate of Occupancy [] Permit for As-Built Construction [] Other: D Change of Use [] Pre-Certificate of Occupancy Provision of the Zoning Ordinance Article II Section 100-26 A prior application dhas [] has not been made with respect to this property under Appeal No. b I ~Sdff Year .~oO~'., (Please briefly explain) NameofOwner 4~&1~',) '~- '-T~-4c~'~cl~'ff '~j:~_be, P...~' (~..¢¢~* I t¢I¢:t~o~.~.. Parcel Lot No. [000 ~.~ ll.[ I ~ This review is for lots, which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of these properties is presently: ~ IJffO The size requirement for this zone is: .q-O; OOO square feet per parcel. The lot to be unmerged is '~, O ~' q square feet. The lot remaining is _ l~%t. ~ '1 ~ square feet. ------ A · I~,&~ 'Jr[. I ~_~q%~::!l~-~) ,'~wners ~ec~t~guous lots shown on the att'ached deeds, request a determination by the Board of Appeals to determine whether or not these parcels quality for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code, and if qualified, to grant a waiver to unmerge Lot No.{ooo _B I I q~ [~. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. 6. Other documentation as may be requested by the Board of Appeals. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under Appellate procedure~ By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. Please check one or more of the following: [3 The lot was npt crl~ated by approval of the Town of Southold, and was created by deeds ~ate~l OI I.q I~q for Lot # ~OOO-31- Iht` I] , and deed dated II l,~qq forLot# [OOO--~-'l~-I.,,q__ 13 The lot(s) in question has been approved by the Southold Town Planning Board dated (attach copy). The lot(s) in question has approval and is shown Southold Town Board prior to June 30, 1983. on_q~u~diTision r I I I OF APPEALS Parcel Lot No. -- [] The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. JA certificate ofoccupancy was issued II !oD.~'S!~ for the house onlot REASONS: (1) The waiver will not result in a significant increase in the density of the neighborhood because: (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood because: (3) The waiver will avoid economic hardship because: (4) The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas because: (Attach additional sheets if needed). Sworn to before me this //¢s' dayof ~, ~t4£ 7'" C/ Noia~ l~t~51ic NOTAR~ NO ZBA 12/95 NEWY~K 3OAP. D OF APPEALS HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 August 11, 2008 To: Zoning Board of Appeals Southold Township Subject: Waiver to Unmerge Property - Our application to the Southold Town Board of Appeals for our property - C T M # 1000 31 14 11 Please consider this as our accompanying "Reasons" for the board to take positive action and provide relief from the merger determination [This paper was prepared solely by the applicants] Ladies and Gentlemen, (1) The Waiver will not result in a significant increase in the density of the neighborhood because: The neighborhood is fully developed. Virtually all neighboring lots have well established pre existing non-confirming attributes similar to those of the subject property and the majority is improved with residences and/or other buildings, as was the subject lot when we acquired it. The subject lot's improvement will not produce an undesirable change in the character of the neighborhood, nor will it be detrimental to other properties, as explained in this application. None of the lots south of NY Rte 25 are vacant or likely candidates for subdivision per the current R 40 zoning or for environmental reasons. The addition of one modest sized non-conforming residence will add little or no quantifiable increase to the buildings density in the neighborhood and it will have a positive rather than negative esthetic impact on it. Note that the existing garage/boat house on the subject prope~ is essentially the same width as the westerly adjoining property residence and only a few feet less than the residence we are applying for. (2) The Waiver would recognize a lot that is consistent with the size of the lots in that neighborhood because: The subject lot is "recognized" and remains recognized having been created on January 04, 1947. [See Suffolk County Tax Map 1000-31-14-11 as used by Southold Township] The lot has appeared on all published Suffolk County Tax Maps. The tax maps have been published from 06/25/73 to the present according to Suffolk County. The Southold Assessors Office confirmed that these tax maps are used by them for official purposes. The lots creation proceeded, by more than 10 years, the adoption of Southold Town's zoning ordinance [April 09, 1957] or the interrelated Bulk Schedule AA. [Added 11/28/95 and amended 07/22/97]. As such, the tot remains recognized to this day as per County records. Further, the lots recognition is confirmed by the Zoning Board of Appeal's Bulk Schedule AA [Prepared by ZBA Office 08/31/01], which shows the following as minimum dimensions for lots recognized prior to 1957 as: "Lot Size Any", "Lot Width Any" and "Lot Depth Any". [See attached Bulk Schedule AA] The frontal roadside width of the subject lot is within one or two feet of the width of the two immediately adjacent and non-conforming westerly lots and visually similar to the character of them and others in the neighborhood. It is also 68.8% of the average area of the two adjoining lots. The subject lots area volume is approximately 52% of the average of the 3 westerly abutting waterfront lots and approximately 46.0% of the average of the 4 westerly waterfront lots. The subject lots non-conformity [side yard and front yard setback] is not materially greater than that of the adjoining lots and other lots in the neighborhood. Nonetheless, we respect the ZBA's relief limitations and charter to work within the confines of NY Town Law 267-b. We have worked and will continue to work with the Board to obtain their grant of the minimum relief necessary to enable us to enjoy the benefits ora new dwelling on our land, while preserving and protecting the character of the neighborhood. Such relief is unachievable by a different method. The subject lots seaward back yard set back, however, is more than conforming to the town codes and is arguably and appreciably more environmentally friendly than many of neighboring non-conforming developed properties. [See attached LWRP exemptions granted] The non-conforming physical characteristics [deep but narrow] of many of the neighborhood lots has resulted in the construction of homes which are visually comparable to the residence we will build if approved. This improvement will further enhance the esthetics and harmony of the neighborhood due to replacement of the existing structure. (3) The waiver will avoid economic hardship because: Background and relevant history of the ownership of the subject lot and the adjoining lot When I [HHT] acquired the adjacent lot [31-14-12] in 1988 it was deeded in one name [HHT] and had been improved with a residence and a C of O and was single and separate. Subsequently, the entire residence was substantially expanded and a new C of O was issued in 2001. The property was-non conforming as respects side yard set back and front yard set back but, far exceeded the Bulk Schedule area volume minimum by 4,174 square fee~. When we [HHT & BAC] acquired the subject lot in 1996 it had been recognized in1947, it was single and separate, improved [with garage/boat house] and conforming to the Southold Bulk schedule for lots created prior to April 1957. It was acquired solely to be improved by the replacement of the existing structure with a one family residence at a later date. In order to keep the subject lot single and separate it was deeded in two names [HHT &SAC]. Subsequently, in 1997 for the purpose of estate planning and due to diagnosis of my progressive and deteriorating orthopedic injury, BCT was added to deed of the adjoining property by a Garden City NY attorney. This was done first to preserve the single and separate nature of the property, and also to conform to my will and our intended unequal ownership interests in the property. During the ensuing years every effort was made to distinguish the subject property from our adjoining residence. A fence was added and rebuilt on the common side of the two properties and the existing garage structure provided a supplementary structural barrier. The subject property was never landscaped or improved visually in order to sustain the lots separation. Due to financial circumstances and aider two years being listed with realtors for sale the adjoining residence was sold at auction to an unrelated third party in October 2005. In May of 2006 we initiated our effort to further improve the subject property with a dwelling and we obtained a single and separate ["S & S"] title search policy and obtained advice about the project fi.om a local attorney and a several surveyors. In June of 2006 we approached the Building department with our 1996 survey showing a hand drawn building foot print proposal and presented it and with the S & S to the building department to obtain "feedback" and to gain knowledge of the building application procedure and the preferred sequence of the other Town applications. Over the next two years we were compelled to engage surveyors, professional engineers and attorneys to support our numerous applications to, and conversations with, various local Town departments and boards [Building, Trustees, LWRP, and ZBA] All local applications began with a Building Department Application for Denial [the least expensive path] and most, if not all of these applications were accompanied by a copy of the S & S. and supporting letters. During that period we also met with and spoke multiple times to the NY State Department of Health and the NY DEC for comparable compatibility reviews of our intended application presentations across state and local jurisdictions. The required Public Trustee Heatings were held and noteworthy progress was made. We formally applied to the ZBA in January 2008, in anticipation of favorable outcomes fi.om the Trustee and LWRP applications and we begin the appeal process. The Trustee's approval was granted with a Non Jurisdictional determination and permit in January 2008 and the LWRP concluded our application was exempt in May 2008 and so advised the ZBA and other interested parties The ZBA held its first public hearing on our application on May 29th of 2008. The ZBA was helpful and provided direction as well as identification of their issues and concerns. It was agreed that we would go back to our engineer and redesign a more acceptable proposal. The meeting was adjourned and carded over to the next available meeting, on July 24, 2008. Believing that we were on a path that would result in our obtaining the relief we sought we directed our engineer re-design the building and increase the side yard setbacks to diminish the amount of relief we needed. On Friday afternoon July 18, 2008 at 3:25 PM a Ms. Vicky Toth of the Southold building department left a voice mail message advising that they had a question regarding the S&S we had provided multiple times. Her call was returned the following Monday, July 21, 2008 and her question was answered. She advised that "Legal" would get back to me if there was a problem. On the eve of the ZBA hearing, July 23, 2008 at 4:10 PM and 4:29 PM, Michael Verity of the building department called and advised that he thought there was a problem with the S&S and advised me I could either request postponement of the ZBA hearing or go forward with it but advise the ABA that there would likely be a problem. I requested a meeting with him, pre ZBA hearing, the following morning and he agreed. On the morning of July 24, 2008 1 met with Michael Verity and Vicky Toth of the Building Department. During the meeting I posed a number of questions related to the application process and related administrative procedures. All the questions were responded to. The following are salient facts obtained, from my perspective. The Township uses the Suffolk County Tax Maps, not their own, for issues related to zoning and assessments. The Township does not strike-offproperties deemed to have merged, or properties formerly recognized and conforming that have since become nonconforming due to Bulk Schedule changes, from the tax roles. The properties remain taxable. The ownership of a property deemed merged does not change as a result of the merger. The Township does change the status of properties formerly recognized and conforming if a superceding Bulk Schedule update requires greater area dimensions than the properties have. [unverified] The explanation of the reason why the problem with the S&S took two plus years to be identified and recognition of the sale of the adjoining lot took almost three years to detect was simply that "it fell through the cracks" and "someone dropped the ball" Mr. Verity also said that this does not happen often and he apologized for the building department's eleventh hour notification of the problem. I also asked for their advice on how to proceed. They both recommended that I apply for a waiver of merger and keep it separate from the application about be heard later in the day in order to save the progress already made and to avoid having to restart the entire process. They advised that a good case for the hardship waiver could be made due to a number of factors including; the elapsed time for the "problems"to have been detected, our reasonable reliance on the fact that there had been no advice from the town of any problem for years, our reliance on the assurances implied in the two other Township board approvals, the time, energy and expenditures we invested thus far and, the distinct possibility ora causative attorney error. In closing Mr. Verity suggested that I immediately contact the ZBA Board Assistant Ms. Kowolski, and ask how I should proceed with the hearing and advise the ZBA that there was thought to be a problem with the S&S. I did so and Ms Kowolski approached the ZBA chairman and he instructed me through Ms Kowolski to proceed with the hearing on the application as submitted to them (3A) The waiver will avoid the following hardships we are currently enduring and will be further be subjected to without a waiver because: The adjoining lot was sold almost 3 years ago and we moved forward with our plans to build a replacement retirement home due to the absence any advice or sense that there was a problem. Similarly, we obtained an S&S Title Policy on May 09, 2006 naming and indemnifying The Town of Southold south for $25,000 and presented same to Connie in the Building Department in June 2006 for feedback. Based on this and on the advice the town we proceeded to make applications to the requisite town boards, beginning with the Trustees and the LWRP. We have since obtained approvals or equivalents from both entities. We invested what is to us, substantial time and money in the application approach over the last two plus years. Our expenditures included the costs of numerous surveys, engineering site plans, legal research, and advice from so called expeditors. For a totally unrelated estate planning purpose as detailed above and with full cognizance that the S&S had to be protected BCT was unnecessarily added to the adjoining [now sold] property deed, after having been assured that the so called "checker boarding" and other measures would provide separation. Due to the elapsed time from this event to the present I have no longer have any recourse available to me. This was not a self created problem and although the dissimilarity of the names on the deeds is clear indication of our intent, it apparently has insufficient legal underpinning. The subject never intentionally serviced the adjoining residence and remained distinctly separate physically to preserve its status Before the merger determination we owned a recognized, buildable and S&S lot that we purchased to build on for retirement purposes. The lot was an excellent candidate for permit approvals, albeit it one with variances required. As a result of the merger we now have an-un-build able lot with a legal status that is undetermined except for recognition on the tax maps and tax roles and the resulting liability therefron .. I have been advised by the town that we still own the property and I believe this to be a fact but, our ownership is apparently not coupled with any time-honored property rights, only liabilities. We are concerned that we may be called upon to defend our legal ownership of the subject lot fi.om others who may, misguided or otherwise, attempt to interpret the merger determination for their own self interest. In summation, we are now past the point of no return to build or acquire a retirement home due to the time and money expended to date and we can no longer afford to purchase a comparable lot or another home. We, without a waiver, cannot avoid being left with a valueless "no mans land" replete with liabilities and no means to acquire an alternative residence. (4) The natural details and character of the contours and slopes will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting the nearby environmental or flood areas because: There will be no significant alterations of the natural details, contours or slopes of the land and there will be no substantial filling required. To the contrary, the result of these voluntary restrictions and, more importantly, the Trustee's permit and the LWRP's exemption are evidence of the beneficial environmental affect the proposed changes will bring to the seaward side of this Orient harbor lot. The property will in fact remain more environmentally and ecologically stable, resistant to erosion and, at the least, neutral as respects any other flood concerns than many other properties in the neighborhood. Respectfully submitted, Henry H Traendly & Barbara A Cadwallader QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subjec/t premises listed on the real estate market for sale? ~ Yes ~No Are there andy proposals to change or alter land contours? [] Yes ffNo I) Are there any areas that contain wetland grasses? 2) Are the wetland areas shown on the map submitted with this application? 3) Is the/0r~erty bulk headed between the wetlands area and the upland bmld~ng area. 4) If your property contains wetlands or pond areas, have you contacted the office of the ~ow~. Trustees for its' determination of jurisdiction?, l~---~ Please confirm status of your, ~nqmry or application with the Trustees:/~q.~-~ LP,,,Jct~tgfl.~ i 'C-Y'~/.~O/~ ~-~ Is there a depression or sloping elevation n~ar the feet above mean sea level? t',~O t Af/~ area of proposed construction at or below five please add N/A,) (Please show on photos.) (If not applicable, E. Are there any patios, concrete barriers, bulkheads or .fet2ces that exist and are not shown on the survey map that you are submitting? /qO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? 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? fi~f~t2) If yes, please label the proximity of' your lands on your map with this application. H. Please list present use or operations conducted at this parcel ~ ~_.ac~-~ 'O- ~,~.,l'-['-ttlOO,~_ ..... nd proposed use to be adde~( o~:~o~.o~rl~ ~ Oc:i [~._~;L (examples: existing: single-family; proposed: same with garage.) ' I / I. Please disclose the names of the owner(s) and any other individuals (and entities having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached')/,,JO ~ Aut~~ql~e and Date ZBA 2/05;3/06 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. · ,, · ~. ,: ~--~,- ~n--¥,~t tq,_~g~:~cc~ll~v:,n/ (East name,~rst name, middle initial?unless you are applyihg in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: \,,10 g~" ~/~-4~-~ Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO 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: BOARD OF A?pEALS Describe that relationship between yourself (the applicant) and the Town officcr or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that aP/~2~'- A)the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~~ 5) 2-~,,~ Signature: ~ ~9'"'/~ .... .-- ' Print Name:t" ~.~..//)~ .,~-~/~/,$~-' HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 August 15, 2008 To: Zoning Board of Appeals Southold Township Subject: Waiver to Unmerge Property - Our application # 6207 to the Southoid Town Board of Appeals for our property - C T M # 1000 31 14 11 Ladies and Gentlemen, With apologies, I call your attention to an error on the hand written portion of the application on the "Lot Waiver Questionnaire" page. Attached is a signed replacement Questioner page which now correctly reads "unequal" rather than incorrectly, "equal". Thank you for your forbearance. Respectfully subm~ Henry~_T~~arbara A Cad,T~! i~arbara A Cadwallader LOT WAIVER QUESTIONNAIRF What are the square footage and dimensions of this lot (subject of building department merger application): ?.. 0 ~7 s.f. g~. ~3 ft. by ~ +- ft. Date of first deed which created this lot: Date of current deed to present owner: OC~ Date and name of subdivision (if any): Size of remaining lot in the merger: I'~l-Jft '~ '-/~ s.f. Were there any building permits issued in the past for this lot: Yes /No. If yes, please provide copy of former permit and map approved. I DO° s i ~ W :ere there any County Health Department approvals in the past for either lot? No · Ifyes, please provide a copy· ~o0o Were they an~acant land Certificates of Occupancy requested in the past? Yes No '. If yes, please provide a copy. Yes Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for-a preexisting building, a variance, lot-line change, Trust.,,ees approval, or other type of application to build or use the property in any way)? Yes v/ No ' . ~ If yes, please provide copy (if available), or explain: I FF__~:~ ~L-~-B21~J~ Is there any building or structurei sucf~ as a patio, driveway, or other, overlapping the deeded I/ot line which separates the two merged lots? No. ~' Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? ~ Please note other approvals or other information about common ownership of these lots: ! am an owner Of the subject lot and the above infor.~ 'is knowledge. (Copies noted above are attached.~J provided to the best 'of my Town of Southold INSTRUCTIONS 1. LV~P CONSISTF. aNCY ASSES~qMENT FORP AD~ t ] ~ pm~s~ ~om ~t ~e s~j~t ~ ~¢ To~ of Sou~old Wae~nt C~is~ ~ ~w. ~ ~s~t is m~d~ ~ s~pl~em o~ i~o~oa ~ ~ a To~ of So.old ~m~ m ~g a d~ of ~i~,~. *~ mi~r ~ actio~ incl~ng Bui~ Permits ~ ot~r mi~terial~r~ts not l~a~ed within t~ C~ral Erosion H~dAr~. B~o~ ~swefing ~e q~6~ in S~on C, ~e pre~ of ~s fo~ ~d ~i~ ~e ex,pt ~ ~fion lisL polici~ md e~l~afi~ ~ e~ ~lky ~n~ ~ ~e To~ of ~ld ~ W~ont Rovi~Jzafion ~ A pro~ ~fi~m ~1 ~ ev~ ~ to i~ si~fic~t ~oficiM ~d Mv~e eff~ ~ ~e ~ ~ ('~Ch ~dud~ ~1 of Sou~old To~). ff~ q~tion in S~ C on ~s fi~ is ~ "y~", ~ ~e pro~ ~ ~ ~ ~o ~i~e~t of~e L~ ~li~ ~ ~d cm~fio~ ~n~ in ~e ~is~ ~ew law. ~m, ~e ~ shoed be ~y~ ~ mo~ de~l ~¢L if n~s~, ~ prior ~ ~g a d~e~afon ~ it is c~t ~o ~e ~ ,~t pr~le ~ ~o L~ ~li~ s~d~& md con~. If ~ ~i~ ~ ~ ~ified ~ ~t ~ ~e L~ ~li~ ~ ~d ~n~fiom, ~~ scT J ooo. A copy of the LWRP h available in the following phc~: online at the Town of Southold's website (southoldtown.northfork. net), the Board o:['Tr~ stees Office, ihe Planning Depaflraent, all local libraries and the ToWn Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate respome): TownBoard [] Planning Dept. [] Building Dept. ~ BoardofTrustees [~ Cat~gory of Town of Southold ag~qcy action (check appropriate response): (a) Action undertaken directly by ToWn agency (eg. capital construction, planning activity.,agency regula6on, hind ~:aasacfion) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Pexmit, approval, license, certification: Nature and extent of Site a~eag~: ' I (~ If an application for the proposed action ha~: been fil~l wi,fit ~e Town of Soulhoid a~ency, the following ingormali~ shall be provided: N ' ~ (¢) Tolephonenumber:AreaCode( ) (~5l- ~-~-~q. '~l (o~/ (d) Application number, if any: Will the action be directly m~dertaken, requin~ funding, or approval by a state or federal ag~cy? I ~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Sou~hold that enhances community character, preserves open space, makes efficient use of infmstructu~, makes beneficial use of a eoastal loc _~J'on, and minimizes adverse effects of development. See LWRP Section IH.- Policies; Page 2 for evaluation crite~a. [~]Yes [] No ~/GNot Applicable - please c::plain) Attach addi~o~/aheot~ if nec~zary Policy 2. Protect and preserve historic and archaeological re~)urces of the Town of Santhold. See LWRP Section Ill -~des rag~ 3 through 6 for evaluation crit~rin ~ Yes ~-~ No ~ (Not Apphcable- please ?l?aln) Policy 3. Enhance vismd quality ami protect scenic resom~ces throughout the Town of Southoht. See LVe'RP Section IH- Policies Pages 6 through 7 for evaluafiom criteria Yes No esot App,c bie- ple., e pl .) Attach additional sheets if n~c~s~ty NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural r~ources from flooding and erosion. See LWRP Sectionv_~ HI- P°licies~t~ges 8~-~ through 16 for evadiuatio~ criteria Yes No ~ (Not/~pphcable- plea., expmn) ARach additional sheets if necessary Policy 5. Protect and improve water quality anti supply in fl~e Town of Southold. See LWRP Seefion H! - Policies Pages 16 th~Tgh 21 for ~valuation criteria Attach $ddiO. onal sheets if necessary Policy 6. Protect and restore ~he quality and function of Ihe Town of Southold ecosysLemg Including Slgnifle~nt Coastal ~ and Wfldiife Habilats $~d wetlands. Se~ LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~-~ No ~ (Not Applicable- please explain) Attach additional Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section II1 - Policies Pages 32 through 34 for evaluation criteria. See Section IH - Policies Pages; 34 through 38 for evaluation criteria. ~-~ Yes ~-~ No ~ (Not Applicable- please explain) Attaoh additional sheets if necessary 'Policy 8. M~imi,e environmental degradation in Town of' Sot[timid from solid waste and hazardous substances and wasps. See LWRP Section HI - Policies; Pages 3.1 through 38 for evaluation criteria. r~¥e$ r-~ NO [~ (NotApplicable-pleaseey, plaJ.) . f ,als. UJP, T .. '_ PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, ~md public resources of the Town of Southold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation [] Ye~ No otApplicable-pleasee~plain) ARach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. S~en_/LWRP..Secti°n HI- Policies;.Pages 47 *rough ~6 for evaluation criteri~ ~ Yes [] No I~ (Not ARplicable - please ezplm~n)~. ~. At~ach additional sheets it' n~cessary Policy 11. Promote sustainwble use of living marine resaurces in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section i11- Policies; Pages 57 through 62 for evaluation criteria. AP, ach additional she~ if Pokey 12. Pro~ect ~u~[ lam& in ~e To~ of ~h~d. See LWRP Sec~om ~ - Po~cies~ Pa~es 62~u~65 for~uafion c~.a. . ~Yes r ~ No~NotApphca~lg-p~ Attach additional sheets if necessary Policy 13. Promote appropriate use and dexelopment of energy and mineral resources. See LWRP Section 11I- Policies; Pages 6~ through 68 for evaluation criteria. [] Yes [-~ No ~ Not Applicable- please explain I or ,r~7.?.o SEQR Ap,~tx c State En¥1ronmental Quality Resdew SHORT ENVIRONMEI~!TAL ASS~SSMENT.,EOK~a~rr~___ F~ ,~% '~ For UNLISTED ACTIONS ~(~ly [: \ ~':; :: ~ '~,~ I ..PART I--PROJECT INFORMATION (To be completed by Applioant or Pre~e~t s~ncor) APPI.JC,~(T ~PONSOR 2. P~C~JE~ NAME ~wJwy e. W~ IS PRE~ENT I.AND U~E IN VI~HI~Y OF Iq~:~lEGrt D PART II--ENVIRONMENTAL ASSES~ENT (To be completed by Agency'. PART III-- OEiT-.HMINATiON iNSTRuGTION~: FM each EaCh efflKt ~oo~ ~ I~M~lblllt~ ~ Check this I if you have identified one Or more potentially Im~)c o~ significant adverse ira' ,l~ta which MAY direCtly to the FULL GAF and/or ~pm's a ;~itlv.e declaration. I'~ Check box .!! ~ have determlnecI, ba~se~ o~ the Iflforma':Jofl and analysis above and any supl)ortiflg . mat Ina las'opoae~ action WILL NOT result in any significant adverse environmental impacts AND on attachments as r~,e~e$$oty, t~e reasons au;porting this determination: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 23,2008 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Henry H. Traendly Ms. Barbara A. Cadwallader P.O. Box 1589 Jamesport, NY 11947 RE: 13000 ROUTE 25, EAST MARION SCTM# 31-14-11 Dear Mr. Traendly & Ms. Cadwallader: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 23, 2008 regarding the above matter: WHEREAS, HENRY H. TRAENDLY & BARBARA A. CADWALLADER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 21, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 23, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of HENRY H. TRAENDLY & BARBARA A. CADWALLADER to demolish an existing garage and install a 4' wide path through the 100' non-disturbance buffer for beach access, with the condition a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and as depicted on the site plan prepared by Tide Runner Engineering & Design, last dated February 10, 2008, and received on February 19, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, Jan s~F. King~ .~ President, Board of Trustees , ~O~r~ OF APPEALS JFK/eac OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAII]NG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To~ From: Date: Re: Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~ LWRP Coordinator May 28, 2008 Request for a Variance Traendly ZBA#6154 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP review pursuant to § 268-3. Definitions, item F. which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEH.4; [Amended 6-6-2006 by L.L. No. 7-2006] Please contact me with any questions. BOARD OF SOUTHOLD TOWN SOUTHOLD, NEW YORK BOARD OF APPE PERMIT NO. 6806 DATE: JANUARY 23~ 2008 ISSUED TO: HENRY TRAENDLY & BARBARA CADWALLADER PROPERTY ADDRESS: 13000 ROUTE 25~ EAST MARION SCTM# 31-14-11 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 23, 2008, and in consideration of application fee in the stun of $250.00 paid by Henry Traendly & Barbara Cadwallader and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish an existing garage and install a 4' wide path through the 100' non-disturbance buffer for beach access, with the condition a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and as depicted on the site plan prepared by Tide Runner Engineering & Design, last dated February 10, 2008, and received on February 19, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. CTM 31-14-11 TAX RECEIPTS DEED TO HHT BAC SURVEY TAX MAP INDEX TRAENDLY WAIVER AU: ~; 2005 BOARD OF A~PEALS,. ZBA BULK SCHEDULE 08/31/01 S & S TITLE POLICY DEED TO LIMOUZE SECOND.HALF REMINDER NOTICE THE SECO~ID-HALF OF THF 2007-2008 TAX LEVY ~S DUE ON OR BEFORE MAY 31, 2008 Remittances made by mail should be made payable to: Receiver of Taxes Payment With Second-Half Stub Mail to: TOWN OF sOUTHOLD P.O. BOX 278 LAUREL, NEWXORK 11948'0278~ Payment ~Without Second-Half Stub Mail to: TOWN OF SOUTHOLD P.O. BOX 1409 SOUTHOLD, NEWYORK 11971-0499 *please disregard this notice if y°~have oreviOusly paid the full tax amount due. (~r h~ve sold or c~the~rwise disposed of the property. f you have any auest ohs as to the uavments, please call my office at 631-765-1803. Thank you, George R. SulliVan ~ Receiver of Taxes 473~89 31.-14-11 311 312 I'"ll"llhl,,,h,ll,,I.,Ih/,hh,hl,h,h,hh h,h,hl Oyster Ponds ~chool 50.68% Oy~er Ponds I.Yomry 3.90% 1/fo/b? 12~/07 1,200 rraendJy, Henry H 1 ,~00 364 0~9 8.50% 1 ~500' 3.20% 546.13 41 3617 %500 Sl~ffo[k Coull~ Tax 2~38% Southold Town Tax 29.20% 8.3O% 25.65 9.00% 314,70 25.65 314.70 NYS Real Prop Taxi.aw East Madon FO Oflent-E Marion. Park Wrote Water Dtebict FIR~I' HALF TAX 0.57% *500 10.93% ! !500 0.35% 1.5~ 0.00% I 1.99% I 13.84% -57,90% 7;~.,49§ 9.30% 117.75 :.;.541 13,30% 3.81 21,44 149.17 SECOND HALF 'FAX 538.82 TOTAL TAX LEVY ~ 1,077.4~ Dlslfic~ Secllon Block Lot Ex:~ 01~ 01~ ~1~1 Folm Help Rec Date ' Libor t Page Doc # Do~ Code Doc Date Transfer ~;ne,'mc Romall~ 'J ~ 07~7/1~4 ]11~702~ I IBSD ~/1711~4  7~7/1~4 h1687o2o4 I ]FXB ~b6/12/~4 rran~e*~ope~SpedflcR~ma,~ S~x % I i! Granters Last Name / Company First Name rOAVID P ~BERNABINE N , BOARD OF APPEALS L~ 1796 K947 N~m~r of ~ TORRENS E 0967 O~f 1 1 1996 TRANSFER TAX SUFFO~ O, C)04. m~tTY D~o[t Mo~llla~e T~ Stamp Toed ReM pm~.rly Tu,qer~ke Allaty VeHt~mlioe Disc. Sectloo Block Lol RECORD & RETURN TO Suffolk Endorsement Pa This page forms p,d or ~he attached ........ ~)-~-.~--'~- -. m;,tc by: (SPECIFY TYPE OF m ~ 4 ~ ~ ~ ~ ~m~ ~in i~ situatc~ in ~U[~OLK COU~I'Y, NEW YDRK. I, d~ VII.LAGF, oi' IIAMLb'T of _..~"..A ~?._L~LA-- J~.~-~.. BOXES ~ THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, ~AP, D OF APPEALS District, 31 1! ~Y ~ZR residing at 476 Co~tofl Road, Cincinnati, Ohio ~5115 ~ L[MO~Zl residing at 402 Belcrest Drive, bafayettef ~uiaiana 70507 ~E~-~ L~u~B residing at 6 Jay Street, Canton, New York 13617 and OaACK LIMOUZI residing at 17 SDruce ~ank Fazl~, Woodbury, Connecticut 06798 as the surviving Tenant by the Entirety of CHARLES A. LIMOUZE Pan7 o£~o fie part, and ~Y a. TI~JIN~LY and aAaaXaXA. CAO~A~ZZ residing at 10 Sands Court, Port Washington, New York 11050 party of the second pan, WITNESSFFH, that tho party of tho first part, in consideration of'fen Dollars and other valuibte consideration paid by the pafly of the second part, does hereby stent and release unto the pafly of the ~ncond part, tho heirs or successors and assigns of the second pan forever, ALLtlmtc~rttinplot, pleco~parceloftan~wkh thob~ldinBsandimprovemmts~erenner~ct~, ~uate,~$la~8~ Eaut Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BIOX34NXNO at a concrete ~onument net on the southerly line of Main Road (N.Y.S. Route 25} at t~e northeasterly corner st land now or ifonl~erly of Burton~ RUHN~NG TltEWC~ Northeasterly along the southerly side o~ Main Road ~(N.Y.S. Route 25) North ~5 d~rees 00 m~nu~en 00 seconds Bast t~eet to land now or go~erly of Traendly; RUNNXNO ~ Southerly along said land now or formerly og Traendly South 38 degrees S0 minutes 00 seconds East 197,92 feet, to the high water mark of Orient Earbor~ ItUNNX#(~ TH~CB Southwesterly along a tie line along Orient Harbor South 27 degrees 2~ minutes 05 seconds West ~8.00 feet; 'I*OGETtlER ~ all ~.e d~.ht, title and it~teres~, if any. of the p~y ofthu fl~ pn~ ~ ~d to any ~s ~d r~ ab~6 ~e above d~ pm~ Io ~ c~nt~ ~nes ~ereof; 'r~E'fHER t~ appu~m~c~s an~ ~1 th~ e~ate ~d d~ts of the pa~y ofthn flr~ p~ in ~nd to ~id TO [~VE AND ~O HO~ ~ pt~ h~ein ~anted ~to the pn~y ofth~ ~cond pa~, th~ heirs or ~c~rs ~d n~s of~ho pa~y of the ~ond pn~ forever. AND the party ofth~ flr~ pa~ cov~ants thnt the pnny of the flr~ pa~ has ,o~ done or ~ffeted ~ ~y ~e ~d p~shave ~ m~etod in any way what~r, excel as afor~id. AND tho party ofth~ flr~ pan · co~liance wi~ S~ction 13 of tho Li~ I~w. coveomtta that ~flv of~he flrn ~an ~1 r~e~ the con~rstion for this convolute ~d ~11 ho~ ~e ~t to ~e ~ch co~'e~on a~ t t~ ~d to ~ applle~ flt~ for t~ p~t~o~ ofp~8 tho ~o~ ofth~ ~rov~t ~d ~ app~ ~u ~ ~ to ~e pa~t o~e coR o~th~ improv~ent before any pa~ of the total oF the ~me ~or mty other pu~o~. ~e word "pa~y" ~tall be contained as iFit read "patios" whenever the sen~ o~this in~m~ture ~ requires. IN Wfl'NE.qS WHERIP:OIr, the party of the first psrt has d,lly executtLJ this deed the da), and year first above writteo. HKh~t¥ by Robert S. J~uohe8 by Robert S. Hughefl ./ / Robert S, Hugheo by Rober~ S, Hughes Attorney in Pact Stat¢ofNcw York : County of Suffolk : . , execut~ ~e foregoing t~ent ~d duly ae~?iedg~ ~ ~/~ ~ . hereto desc~b~ nnd for ~ p~ses Suffolk Co~ ~lezFs O~c~ Slate of Now York : Courtly orSu~ofk : 1996, bet~ me cnme and ap~int~ , ~ in~ivid~l de~db~ in ~d who by his snid ~o~y i f~t cxecul~ the fo~egoini i~lmmcnt end duly ~owledied sime u thQ ~ct ~d d~d of thefea me~io~d by vi~ of S~I~ Coun~ cler~ o~Cc ~imu)t~nco~ly h~e~Rh. 11796 Slale of New York : Courtly of Suffolk : ss. ~ ~o in~vid~ described m ~d ~o ~ Es ~xoeut~d ~ formulas instant ~d duly g~wt~dgcd ~o m ~rO~'~ ~~ , hereto descried ~d for ~ p~sos, ~h;~ein men~oned by virtue of ~ ~et of a~om~ ~u)y executed Suffolk Coun~ Clerk's O~tce simul~o~{y h~th. St~tc of Ncw York : Counly of Suffolk : ss. ~ 3 and ap~inted the attorney in fact by ~~~ ~ th~ individual ~scfibcd in and who by his ~id nt~mey in fact execut~ the foregoin~ insl~menl and duly ncknow{~g~ ~me nm the act ~ dg~d of ~t~ ~t ~ ~ ~ .... herein de~rib~ nnd for the pu~s the~in mention~ by vifue ot~ ~t ofat{ome] duly ex~ul~ by ~id_~_ . LI~ ~tod. 7//V/~ ~ .... Gad to ~ reco~d~ in the Suffolk Cou~ Clerk's Offtce simul~neO~sly herewith. Bulk Schedule AA [Added 11-28-1995 by L L. No 23-1995; amended 7-2'2-1997 by L.L. No 22-1997] Lot Size Width Depth Date of Lot Creatio._n (square f~ Prior to April 9, 1957 Any Any Between April 9, 1957, and December 1, 1971 A Residential Zone 12,500 100 Any B and B-1 Business Zone 7,500 50 Any B-2 Business Zone 40,00050 Any Multiple-Residence Zone 12,500100 Any C Industrial Zone 12,500100 Any Between December 2, 1971 and June 30, 1983 A Residential Zone 40,000135 175 M Light Multiple Residence 40,000 135 Any M-1 Multiple Residence Zone 80,000 200 B-Light Business Zone 20,00060 B-1 General Business Zone30,000 150 C-Light Industrial Zone 40,000 200 C-1 Heavy Industrial Zone 200,00300 Any Any Any Any Any Prepared by Z~ _Offic~ 8/31/01 .... TITLE NO: 06-7404-65058.SS-SUFF District: 1000 Section: 031.00 Block: 14.00 Lot: 011.000 Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSLIRAI',ICE COMPANY hereby certifies that it has searched the records of the Suffolk County ClErk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of tile foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above-captioned property has been in single and separate ownership of HENRY H. TRAENDLY AND BARBARA A. CAD~(/ALLADER arid his/her predecessors in title since prior to April 9, 1957 except as follows: (see attached chains of title) The liability of the Company is limited to the amount of Twenty-five Thousand Dollars (~25.000.00). Dated: May 9, 2006 FIDELITY NATIONAL TITLE INSLIRANCE COMPANY SANDRA J~-GC~ES ~1 -- Sworn to before me this 9th day of May, 2006 Notary Public MARGARET VOLLMOELLER Notmy Publ/c, State of New No. 01 VO5032469 QuaJlfled in Suffolk Courtly Commission Expin~ Auoust TITLE NO. 06-7404-65058.SS-SU, FF STATE OF NEXY~ YORK) ss: COUNTY OF SUFFOLK) SANDRA J. GOLESKI, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for it variance affecting the following premises: SCTM 1000-031.00-14.00-011.0C,0 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/9/57. SUBJECT PREMISES: 1000-031.00-14.00-011.000 David P. Muller and Bernadine R. Muller, his wife To Arthur H. Limouze Liber 2667 cp 246 Dated: 1/4/47 Rec'd: 1/13/47 Arthur H. Limouze died a resider t of Suffolk County on October 27, ]959, leaving Denise Limouze. Denise Limouze died a resident of Suffolk County on October 21, ]989, leaving Ellen Limouze and Henry Limouze as Co-Executors. Ellen Llimouze and Henry Limou;,.e, as Co-Executors of the Last ~(/ill and Testament of Denise Limouze, deceased To Henry Limouze, Frank Limouze amd Dorothy-Ann Limouze Liber 11687 cp 204 Dated: 6/12/94 I;.ec'd: 7/27/94 FIDELITY NATIONAL TITLE INSURANCE COMPANY SANDRA J. GOL"~SKI Sworn to before me this 9th day of May, 2006 Notary Public MARGARET VOLLII~OE LI.F.,R Notary Public, State of No. 01VO503~4~9 Henry Limouze, Frank Limouze and Dorothy-Ann Limouze To Henry Limouze, Frank Limouze. Dorothy Ann Limouze, as to an undivided 2/3rds interest and Charles Limouze and Grace Limouze, his wife, as to aH undivided 1/3rd interest Ellen Limouze, as wirer of Arthur $. Umouze, deceased To Henry Limouze, Frank Limouze, Dorothy-Ann Limouze and Grace Limouze, as the surviving Tenant by the Entirety of Charles A. Limouze Henry Limouze, Frank Limouze, Dorothy-Ann Limouze and Grace Limouze, as the surviving Tenant by the Entirety of Charles A. Limouze To Henry H. Traendly and Barbara A. Cadwallader LAST DEED OF RECORD I.iber 11687 cp 205 Dated: 6/17/94 Rec'd: 7/27/94 Liber 11796 cp 946 Dated: 9/11/96 Rec'd: 10/11/96 Liber 11796 cp 947 Dated: 9/30/96 [~,ec d: 10/11/96 FIDELITY NATIONAL TITLE INSUI~NCE COMPANY SANDRA J. ~OLESKI Sworn to before me this 9th day of May, 2006 Notary Public ~..~RET VOLLMOELLER I~/~. Stale of New Yo~k Qu~.. 01 VO50~2469 · in Suffolk County ,,,),~,~ Commission Expires August 29, .~,=..~' ~ PREMISES NORTH: 1000-031.00-14..00-012.000 David P. Muller and Bernadine R. Muller, his wife To Harry S. Lee Jr., Emma D. Lee an.:l Barbara Kasson / /Liber 2773 cp 359 Dated: 11/8/47 I;Lec'd: 11/10/47 Harry S. Lee .Ir., Emma D. Lee an:l Barbara Kasson To Mallard Inn Inc. ~/~iber 4364 27 cp )ated: 4/1/48 I;',ec'd: 9/20/57 Mallard Inn Inc., Harry S. Lee and Emma D. Lee, individually and a: Sole stockholders To Philip Schuster and Barry Cowarci, as Tenants in common ////Liber 5058 cp 145 Dated: 9/30/61 Rec'd: I0/4/61 Peggy Coward, as sole devisee ur~der the Last ~/ill and Testament of Barry Co,yard V/ and Philip %v~. Schuster To Harold Reese and Frederick Rees.: Liber 6646 cp 547 Dated: 9/25/69 I;',ec'd: 10/24/69 Harold Reese. Sr. and Frederick I;:eese To Frank Gillespie ~//Liber 9171 203 cp Dated: 3/29/82 l;',ec'd: 4/21/82 Frank Gillespie To irene McKasty Liber 9664 cp 587 Dated: 10/8/84 Rec'd: 10/24/84 FIDELITY NATIONAL TITLE INSURANCE COMPANY SANDRA J. ~OLESKI Sworn to before me this 9th day of May, 2006 Notary Public MARGARET VOLLMOELLER Notary Public, State o~ New York No. 01 VO5032469 Quarnied in Suffolk County Commission Expires August 29, ~' Irene McKasty To Irene McKasty and Daniel McKasty Liber 9962 cp 168 Dated: 12/27/85 Ret'd: 1/23/86 Daniel McKasty and h'ene McKasty, hit wife To Henry H. Traendly Liber 10772 cp 208 Dated: 12/16/88 Rec'd: 1/19/89 Henry H. Traendly To Henry H. Traendly and Barbara Cadwallader Traendly, hi,,; wife Liber 11822 cp 965 Dated: 3/14/97 Rec'd: 3/28/97 Henry H. Traendly and Barbara Cadwallader Traendly, hi:; wife To Mike Niamonitakis and Voula Niamonitakis, his wife LAST DEED OF RECORD Liber 12420 cp 319 Dated: 10/28/05 Rec'd: 11/17/05 PREMISES EAST: GARDINERS 8AY PREMISES SOUTH: Carl J. Schmidlapp and Ernest Sturm, as Executors and Trustees under the Last ~'ill and Testament of Henry Evans Deceased To Gardiners Bay Company Inc. 1000--031.00q4..00-010.000 //~i;ber 1123 cp 222 Dated: 1/14/25 R~.c d. 1/12/25 FIDELITY NATIONAL 'TITLE INSURANCE COMPANY SANDR~, J. G~LESKI Sworn to before me this 9th day of May, 2006 Notary Public MARGARET VOLLMOELLER Nolmy Public, State o~ New Yod~ No. 0 ~ V05032469 Qualllied in Suffolk Coun[y _ Commission Expires August 29, Gardiners Bay Company Inc. To Edgar ~Jinfield Hawkins and Helen Hildegarde Hawkins, his wife Edgar ~/,/. Hawkins. devisee under Last ~VJill Testament of Helen Hildegarde Hawkins, deceased To Edward T. Burton and Norma Louise Burton LAS:I' DEED OF RECORD PREMISES WEST: MAIN ROAD Liber 7139 cp 414 De,ted: 3/24/72 Ret'd: 4/21/72 v~ber 7502 cp 60 ated: 9/21/73 Rec'd: 10/3/73 FIDELITY NATIONAL 'TITLE INSURANCE COMPANY -- SAND[LA J: G~DL~-KI Sworn to before me this 9th day of May, 2006 Notar~ Public MARGARET VOLLMOELLER Not~/Public, S~te of New Yort¢ No, 01VO5032469 ~ in Suffolk County Commission Expires August 29, RE'CORDED R, FORt ' ' ~ CES INDEX TRAENDLY WAIVER CTM 31-14-12 DEEDS CURRENT 10/28/05 TO 03/14/97 .Ot2 THIS INDENTURE, medethe 28~ dayofOctober BETWEEN · two ~ouc. and and five HENRY H; TRAENDLY und BARBARA CADWALLADER TRAENDLY, hnsl~und and wife, raiding at 13220 Main Road, East Marion, New York 11939 ~JKE NIAMONITAKIS and VOULA NIAMONITAKIS, residing at 134 Street, Brooklyn, New York 11209 of the sex:und part. WITNF~SETll, that the patty of thc first ptu'L in consideration of Tm Dollars paid by thc Inm'y of the at:oM pm't, d~os hereby Igunt and release unto the pa~y of thc scco~d part, Ihe heirs or successors and ]~igns of the party of the second port forev~, ,LL that certain plot. pi~c~ or ~ of land, with the buildings and impmvemcots thereon erected, aitcote, lying and bain§ in PLEASE SEE ATTACHED SCHEDULE A SAID PREMISES being and intended to be thc same premises described in thc deed to the part]c~ oftbe k,~ part herein by deed, dated 03/I 4/9?, recorded 03~8/97, in Libcf I 1822 p 965. SAID PREMJSES commonly known and designated ns 13220 Main RoM, Enat Marion. New York DISTRICT 1000 SECTION 031.00 BLOCK 14,00 LOT 012.000 TOGETHER wi~ all d~ht. dale and interet~ if any, of the party of 6w first pa~ ia and io any s~ ~ ~ ~ni~ t~ ~ dv~fib~ ~,~.~sm Io the cente~ lir~ Iheveo~ TOGETHER with Ihe ~u~enances and all ~ ~ ~ dgh~ of ~ ~ of ~ I'mn pen in lad Io said pm~se~: TO HAVE AND TO I IOLD ~he premises herein gmn~ed urea the Nmy of the ~ ~n, ~. AND ~he party of the I'w~t ~ in eompUa~e ~4th 5e~on 13 of the Lhm Law. cox~ar~ Ihat the party ul' the fm, t pan will IN WITN E~N$ WlIKR£OF, Ihe pa~y of the'lira pmx has duly execuled this doed the day and year firs! IN PRESENCE OF: ~ ~I'I'III[U ~ MuI~r UIC TYPBU t)t[ FltiN't'lll) tH ~ IqUUIt TO ItKCOILOIItO tilt Iql, lrtU, hb fetal . MX.ooX% ,N.w York MINERVA, NY lt50~ ~a:] ~CO~m * ~l'UTm Sul'l~lk County Recording & ~ndol'seitieltt Page This lingo fur.is Imrt or tho Mlllched ~ Ittfldo byt TO In IIIoTUWH er ~00~ ~ $OARD OF AP~ ~ALS v(cle daTRICT: ;ECTION: 03l,OO LOT: J NQ CON,II. RAT ION {tNM&? ~Mi LAWy# ~ MMMM ?HN INITIUMIMT-YIM INielgMilff I#0~ II ~ BY ~WYIill MIY. ~lNDl~rn4de lb4 14th ~ ol Hatch , nint~#n hm~Mlu~ nt~lty-IlVln HENRY H. TRAEHOLY, residing et 13-EEO Hath Road, East H4rton, Ne. York 11939 /4ny oll)wRmpln.&ad HENRY H. TRAENOLY and BARBARA CAONALLADER TRAENDLY. Nusbsn4 and wife, as tenantl by the inttrettos, rolldtng at 13-~2~ Hain Road, Ealt Harton, Hew York ~d ~ Ih ~ of Ih ~ ~. ~1 NNOy lnnl ln~ ~l~ff unto t~ ~y BEGINNING ~t a po~flt on the Southerly ifdl of ~tn Road, H,Y,S, Routl 25 ~he~l th~ ~1~ ~t tntl~li~t~d by the E~e~ly side of L~nl no~ or fo~rly Of the A.H. L~uze (trite: RUNNING THENC~ fro~ lied potnt of bl~tnntn~ along fbi Southlrly Itdl of ~tn Rold, N,Y,S. Route 25 thl Fo?lo,tnt courlll I~d dtltancll: 1) Ho~th 45 de,reel O0 mS,uti10~ SecOnds ~t~ ?Z,O0 2) Horth SI dlqrlls ~3 mtnutes O0 seconds Eut 184,~1 filt~ ~) South ? degrees ~5 mnU~ll 0S seconds [as~ Zh.~4 THENCE Vesterly along the rte 11ne of Orient Harbo~. the following t~ cou~st~ and dllta~ces= 1) South 23 deg~ell SO minutes ~5 seconda Nest 88,4~ felt~ 2) South ~ dlg~lis 51 mlnutll 35 ~lco~ds ~elt 1~0,43 feat to 1and now fo~ly of A~thur Lt~u~ (It~tl~ Southerly Itdl Of ~tn Road, N,Y,S. Route 25, the point or place 'I~)GP-?III~R with II1 diM, lille and Inter., if iny, IIOLI) I~ pflflllHe ~reln Ifllll~ g~lO Iht ~y AND Ih~ p~rty of lite t~rtl p~rt ~ovefl&nta IbM t~ ~fly ol t~ ~rK ~fl ~ ~l ~ or lu~lr~ an~hlM wherry tM ~ld gf~lNI ~ve ~n eKumkf~ In iny ~ whatever, e~ il IfOrE~ld. AND I~ ~tt~ ofl~ ~flt ~rl lo ~plllfl~l wi h Sm~ 13 d Ih ~ln ~w, ~l( t~t ~ ~fl~ M I~ Nme APil 1o I~ ~)'n~fll of t~ ~ll of Ih Jm~vm~ ~/ore Ulln/any pti o/(~ WM M lb ~ ~ AR.D OF APPEALS ixKut~ th~ (ofllfoing Init~Jmnt, &nd Kknowi~dled Ihtt ex.ted th~ Mme. On th~ d~y of 19 , b~tort m~ On the ~me kH~, w~, ~ by m duly i~, did ~H i~ th subKd~nl within to th IoNianI Jflst~m~t, with My ~l ~ ~ it N& w~m I am ~r~l~ ~uilnt~, w~, hieI by ~ duly l I s~, did d~ lb ~m~ dwfl~ uc'tlo~ ILOCK 14,00 LOT 01~,000 CQ~rTYM~TOW~ ~lS% TO HENRY H. TRAENDLY lind BARBARA CADWAU. ADER by the entireties IITUIN Ri~nd I ~24 Chirr~ Yatll~ Avenue ,STRICT Y 516.248,3800 mill INDEX TRAENDLY WAIVER 31-14-12 SURVEY BOARD OF APPEALS r// )ARD OF Al SURVEY FOR IRENE McKASTY AT EA3T MARION ~OV/N O~ 50UTHOLD SUFFOLK COUNTY, NEW YOR~ YOUNG e~ YOUNG R1VERNEAO~ NI=~/ YORK INDEX TRAENDLY WAIVER 31-14-12 DEEDS 09/09/89 TO 11/08/47 DISTRICT: 1000 SECTION: 031.00 BLOCK: 14.00 LOT: 012.000 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMIHT · THIS INSTRUMENT SHOULD lie USED RI LAWYERS ONLY THIS INDEh{TO~F-., made the /~ day of December ,nlneteen hundredand eighty-eight BE~/EEN ;ffD~NIEL McKASTY and IRENE McKASTY, his ~¥e, ,? ~[~a D & D USED TRUCK PARTS, 32 'Shaw Avenue, party~ the firs art, andr! /ttENR¥ H. TRAE~LY,~esSdSng ~E~,L ES"fKfE 3-0038 JAN 9 '~RANSFER 'fAX S~EFOLK party of the second part, - WITiNE$$ETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by thc party of thc second part, does hereby grant and release unto the party of thc second part, thc heirs or successors and assigns of thc party of the second part forever, ALL that certain plot, piece or parcel of land, with the buddings and improvements thereon erected, situate, lying and:being i~x'tk~x at State of New York, Orient, in the Town of Southold, County of Suffolk, more particularly bounded and described as follows BEGINNING at a point on the Southerly side of Main Road, N.Y.S. Route 25 where the same is intersected by the Easterly side of Lane now or formerly of the A.H. Limouze Estate: RUNNING THENCE from side of Main Road, N.Y.S. distances: said point of Route 25 the beginning along the Southerly following courses and 1) North 45 degrees O0 minutes 00 seconds East 72.00 feet; 2) North 51 degrees 23 minutes 00 seconds East 184.21 feet; ~HENCE Southerly along the tie line of Dam Pond Inlet the follow~ng two courses and distances: 1) South 7 degrees 05 minutes 05 seconds East 20.04 feet; 2) South 31 degrees 42 minutes 30 seconds East 134.12 feet to Orient Harbor; THENCE Westerly along the tie line of Orient Harbor, the following two courses and distances: 1) South 23 degrees 50 minutes 25 seconds West!588~8!~eet; 2) South 46 degrees 51 minutes 35 seconds West 150.43 feet to land now or formerly of Arthur Limouze Estate; THENCE North 38 degrees 50 minutes O0 seconds West 195.00 feet to the Southerly side of Main Road, N.Y.S. Route 25, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantors herein by deed dated 12/27/85 and recorded 1/23/86 in Liber 9962, Page 168. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiug the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constroed as if it read "parties" whenever the sense of this indentpre $o requires. ih{ WITh{ESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. DA~LIEL McKASTY /¢ ,,~ IRENE McKASTY ~ STATS OF NiW YORK, ¢OUN'rY OF .cq~.,~...~,~.~ SS: Onthe /~ ~;y of December 19 88, before me personally came DANIEL McKASTY & IRENE McKASTY to nle known to be the individual s described in and w~o executed the foregoing instrument, and acknowledged that they executed the same. Nota~,* Public, Stat~ of New York No~ 4.792806 Ouelified iv .~e .... ~mm ssion ~ires Se~. 30. 1989 STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed ,, to said instrument is such corporate seal; that it was so : ~ffixed by order of the board of directors' of said corpora- *',fion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of personally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK. COUNTY OP SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom ! am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. argain ale Bee WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. 13J- J-~q0 ~ DANIEL McKASTY IRENE McKASTY TO HENRY H. TRAENDLY Distributed by CHICAGO TITla~ INSURANCE COMPANY SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request M CHICAGO TITLE INSURANCE COMPANY R. eturn by Mail Blum, Ross, Weisler, Bergstein, Golden & Weingold, Esqs. 389 Central Avenue, Box 280 Lawrence, New York 11559 ~ ...... Zip No. ¸00 r~I~.~ethz 7.-~ d~yof December ,m.etee. hun~eda~4 e~ghty-£1ve ~ IRENE McK,,STy, ees~ding at 368 Station Road, B~llpo~t, New York 11713 l~Y°~'e&~Fax.~d 7REN NIEL McKASTY,~res.:.ding at 3G8 Station Road, Bellpo~t~ New York, 11713 ~ ~ ~ ~y O~ t~ fi~t ~, in ~side~tim, of T~ ~llars and ~ber v~ ~ ;~.~m at Ovzent, in the Town oe Southhold ~ .... v ~o State of New Yoek, mo~e particular1 bounde, fo!Ious: Y ~ and described as BEGINNING at a point on the .~outheplv s{de of Ma~n Road~ Route 25 where the same ~s {i}tepsected by the Easterly s{de of RUN}lING THENCE from ~aJd [~-oJnt ol beginnin~ along the Southerly s{de of Main Road, N.Y.S. Eoute 25 the follow[nE courses and distances: 1) North ~5~ 00' 00" East 72.00 feet; 2} Nomth 51° 23' 00" E~st 1~.21 feet; RUNNING THEHCE Southerly along the tie llne of Dam Pond Inlet th~ following 2 courses and distances: 2) South 319 ~.2' 30" East 1311.12 feet to OPle~t RUNNI~{~ '['HENC[; Westet-lV a]on~] the tie l~n~ )f Orient HaPbom the 1) South 2,]O 50' 2~" West 88.~8 fee~; 2) ~ou~h .~o ~1' ;~5" West ]50.,3 feet to land noWor forme D~RD ~UNNI~;C THEHCP. Nomth 38° 50' 00" West 195.00 feet to the Southerly side o~ Ma~n Road, ~'~.Y.S. Rought 25, the point op place of HOI.{) fl~ pren ,~ {,er~n ~ra,,t~l o,,to t~ ......... ,., . . .. ~ , TO HAV~D TO . )F APPEALS day of December caTme IR~N~: ,~cKASTY 85 , be[ore me Ss: I~rso~lly ~ 19 to me known to be the Ivdlvldua~ degrrued in ~ncI who Oe the <lay of 19 . before me On tile day of 19 before me perio~!y came ' my ~at he res~es at ~o. whom ! am tersely ~int~, who, ~i~ ~ ~ d~y M t~ he ~ow~ ' ~ ~ ~ be ~ h n~ ~0 by ~ o~der, at the ~e t~e sube~fi~ h ~ ae wi~ t~. ~Batlatn anb ~ ~eeb TO ROBERT J. gE?ti, ESQ. 67 Hashed Roa4 ~ommaek, New Yo~k .'~. 031 q,c~ '['HIS INDEbrI~Ji~. n~tJc t~ $~h d~y o! October , ninc,e~ hm~drt~l ~md eighty-four whereby lhe said pgemises l~e been er~ml~red, in Fy.way..wl~. t.e,'er...¢xc.el~t_ as the first I~,~ ~'itl receive th~ rot side~tio~t for this conveyance .and will hold.!he pght to rocesve s.uci~..conM.d- eralion as a r st land ~.o be alq,i~ed firs~ {or tim )'~tq+t~' of pay*ag thc/:ost o! IN ~ WHEREOF, the party of the first pon has duly executed this ~ the cLzy and year first above OgT g 4 ~d84 TRANS'=~R TAX ---- SUFFOtK COi)NTY _., On the 8th day of Octob 19 84 , before 19 perso~ai!y c~me Frank Gillespie to n~ Imown to be th~ indi~htal descn~-d in and wtm to me Imrwn ~o b~ the i~dividual ~acfl!~-d in and who executed the foregoing instrument, and aCk~owkdg,~d tha~ executtni the fort'~cing instrument, ami ackno*;led~ he executed the same. executot ~h~ s,xme. T.P.8. AI]STRAGT CORFORATION '3~00LI3 ~UNTRY ROAD GARDEN CITY; ~EW YORK 11~ ~ 1 N~S~ ' 248'65~ sufloIk ' 273'8~ ROBERT J. ZEPH, ESQ. 67 Harned Boad Commack, New York ze ~o 11725 225 ~INO00 030¥0031 iud a8 ~olo ~v~ ~ ~ /jot ~J HAROIA) REESE, SR., residing at York and t?I~EI)ERICK REESE. residing at 410 ,I~rtcho TU~lk6~ p~Wo~t~fi~tt, ona FRANK GILLE[3PIE, residing at 116 _"/lontauV. York also described as follows: hal ceriatn plot. piece or parcel of lana0 situate, T~,wn c,f South(~ld0 County (~f Suffolk and Si~ North 45 degrees OO minutes 00 s~conds East ~2 N~rth 51 degr~-es 23 m~ut~'s O0 s~conds l~unning thence Nolth 38 lcgrees 50 minutes 00 si, conds ~uthe~lv side o[ Main ~oad. N.Y.S, ~ou'e 25. t~ On the i INSURANC~ ~ tht ~n plo~ piece of pa~c~ et l~d, ~ the bufl~s ~d ~prov~ ~e~ ~d~ l~ng~dbeing~ at O~iont~ in t~o Town of ~outhola, Cowry or ~rro~K and State of New york~ ~ore particularly bounded and described as BEG~}~NG at a point on tho sou~hoPly side of L~in (St~%o) fo~ly of the k. H. Limouzo ~staso; Punnin~ ~konco fPom said po~t Of boElnn~E alonu tho southerly side of N~ (prate) Road ~ho following co~sos and distances: (1) ~o~th 45 do~Poos 00 minutes 00 sooonds 72.00 feet; (2) Nol~th 51 do,roes 23 ~inuto~ 00 seconds Eas% 155.50 foot to a moa~ont ~d Dam Pond Inlet; r~g ~honoo sou~h~ly alon~ Dam p~d Inlet, ~he ~ic line ~hoDoof, boarinE Sou~h ~5 de,roes 11 m~utos 30 sooonds ~ast 1~0.~0 foes ~o 0rfon~jia~boP; Punni~ ~honoo wosCorly along OPion$ HaPboP, She ~io line ~ho~oof, boaPlnE South ~ 33 m~utos 20 seoonds ,;os~ 21~.35 foot ~o :~aid land now oP fo~oPly~ of She A. H. Limouzo Ss~a~o; ~unni~ Shonco alonf said l~d ~o2~h 3~ dojroos 50 ~inutc~ OO sooond~ West 163.70 feet $o tho southerly of ~ain (Stase) Road as ~ho point o~ place of TO~ with all ~i~ht, ~itlo ~d intoros~ of tho paPty el~ ~ho fiPs$ p~$ ~ and to tho shoPo and l~d undoP wa%oP of OaPd~o~'s Bay oP Orien~ Harbor and Dam Pond Inlet in f~on~ of ~d adJaoon~ to said pa~ ~ ~d to $~ highway adJoin~ said any other l)urpose. The word "party" shall be construed as if it read "panics" whenever ~e sense of this indenture so requires. ./ StA~E OF' HIW YOLK, CouNTY OF ~'~''~ OT-T-T-T-T-T-T-T-T-I~ 19 , before me On ~e ~0 d~y of $09tO~bO~$ 196~ , be{o~ me On ~e day o{ per~ona~7 c~e the {or inK Mat~ x~t~ ~rson~y ~me ~ D. L~ the subscribing ~t~?s to...:~ted ~o, ~ b~.~ ~Y tom kno~ who, ~gby me duly swom,~dd~se~d am ' ~o~y ~q~" ' . . ' ~y;at Shl~iduat~ Ori~t, NOW York, ; swom, d,dde~se~u"~ '" ~:i~ ' of ~L~LLARD I~, ~ C · the corporation described that he knows to be the individual · ' d who executed the {orcgoin§ insWiment; described m An - ,-' - ..~t~ess was present and saw th~-t he, said subsc~im.n~_~':' and [hat he, said witness, execute [ne ~=,,, , as witness thereto· ~t the same time subscribed h name BOARD"OF, APPEALS 3. ~ n va~r ~ Of ~~rvl ~1 ~ ~ieaC ' *1~ ri h~, ~l~le ~t tn~st of ~ p~tte~ '~'~'---g~.at ''~ "~r~' ~u'- -~'~ to the ~g~ay edJot~ oa~d ~iael. ' .' ~ffoi~ ~ ~o~l~s'l' ' ~.l~ mM i~e~ tO be ~e lam p~slsel Oozed ~0 ~ ,TO H~¥! AND TO HOLD ' - - oF 6 btu Y~mtd, thereof ~ l~r ~ ~,d will ~Id tA~ right t~ rt.-e/ye ~e/I ¢o=~d~r~t/om tz · ; i277 '362 ~[~ O! Ngtt YOM, ~ i~ SUFFOLK% -be£ore ~e came DAVID P. WI, ilJaER_ ~ :-" :-'m . ~.-o '-_ '" _ hl~ ,~lf*, -, -- -{,{e~ary Public, .,,a,.. NOV lO 194/ R. FORD HUOH~ ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/12/08 ZBA # NAME CHECK # AMOUNT T(~lirk't .ti~T~M P TRAENDLY, Henry and ~,UG '1 3 2008 CADWALLADER, 9337 $150.00 6207 Barbara SoIIthold Town Clerk $15o,oo By__ Thank~'ou. Date: 08/13~08 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * -RECEIVED AUG l ZONING BOARD OF APPEALSJ Receipt#: 27497 Transaction(s): 1 1 Application Fees Reference Subtotal 6207 $150.00 Check#: 9337 Total Paid: $150.00 Name: Traendly, Henry & Barbara 66 Old Tappan Rd Glen Cove, NY 11542 Clerk ID: CAROLH Internal ID: 6207 INTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF PLANNING September 8, 2008..~.__...--.~~ SEP 1 5 o, oARD OF APPEALS 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/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Pollio Judge 6209 Schneider 6215 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/s Fheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H, LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 117880099 TELECOPIER (631) 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: MEMORANDUM James King, President Town of Southold Board of Trustees / Mark Terry, Pnnmpal Planner ~.JxO'~ LWRP Coordinator U L:.i MAY11 007 !5:: Date: May 10, 2007 .....................~- Re: Request for Wetland Permit for HENRY n. TR~EN~DkI~&_BA~,,~A. CADWALLADER />_ "~"_,~.. ~ ' ~J '~ THIS PROPOSAL IS LOCATED ADJACENT TO ORIENT I~O~R, ~EW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE'~AT. THE PROPOSAL IS LOCATED IN AN AE FLOOD ZONE (ELEVATION 9). HENRY H. TRAENDLY & BARBARA A. CADWALLADER request a Wetland Permit to expand an existing beach cabana and garage and construct a single-family dwelling with decks and garage. Located: 13000 Route 25, East Marion. SCTM#21-14- 11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 5.1 The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. Restore the Town of Southold's water quality by limiting major sources of surface water quality impairment. 2. Reduce nitrogen discharges sufficient to achieve dissolved oxygen levels that would limit the occurrence ofhypoxia. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or Ensure effective treatment of sanitary sewage and industrial discharges 1. maintaining efficient operation of sewage and industrial treatment facilities 2. providing, at a minimum, effective secondary treatment of sanitary sewage and where discharge to the groundwater is warranted, requiring sufficient treatment of sanitary sewage to avoid negative impacts to the sole source aquifer providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or 5.4 redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. Limit the potential for adverse impacts of watershed development on water quality and quantity. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and 3. protection of areas that are particularly susceptible to erosion and sediment loss Limit the individual impacts associated with development to prevent cumulative water quality impacts which wouM lead to a failure to meet water quality standards. Homes in the area are not serviced by public water. Therefore, please address the following policy standard. 5.5 Protect and conserve the quality and quantity of potable water. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies. Prevent depletion of existing potable water supplies by limiting saltwater intrusion in aquifers and estuaries, through conservation methods or restrictions on water supply use and withdrawals, and by allowing for recharge of potable aquifers. C Limit cumulative impact of development on groundwater recharge areas to ensure replenishment of potable groundwater supplies. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.1 Protect and restore ecological quality throughout the Town of Southold. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. Avoid permanent adverse change to ecological processes. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the new residence from the mean high water is 93 feet; the proposed distance from the sanitary system to the mean high water is 65 feet; a minimum setback distance of 100 feet from the wetland line is required for a residence and a sanitary leaching pool pursuant to Chapter 275-3.Findings; purpose; ]urisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 2o.1 A, IAF~IOIV LAKE LAKE @ ? ~ COUNTY OF SUFFOLK Q i[ ~W'~ SOUTHOLD [ BOA:-,tD GF APPE SECTION NO PROPERTY MAP Sc;uthold Town Board - Letter Board Meeting of March 24, 2009 RESOLUTION 2009-252 ADOPTED Item # 5.26 DOC ID: 4836 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-252 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "Henry Traendly and Barbara Cadwallader v. Zoning Board of Appeals of the Town of Southold", under Index No. 09-08226. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, .~ustice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, I~rupski .~r., Wickham, Evans, Russell Generated April 2, 2009 Page 39 PATRICIA A. FINNEGA~ TOWN ATTORNEY patricia.filmegan@town.southold, ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andalorb@tewn.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lorLhulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 26, 2009 Frank A. Isler, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski, LLP 456 Griffing Avenue, P.O. Box 389 Riverhead, NY 11901-0203 RE: Henry Traendly, et al. v. Zoning Board of Appeals of'the Town of SoutholdllndeX No. 09-08226 (Article 78) Dear Mr. Isler: I am enclosing copies of pleadings that were recently served upon our office in connection with the referenced action. Please note that the return date is June 5, 2009. For your records, I am also enclosing a copy of the Resolution retaining you to handle this matter on behalf of the Town. If I can be of further assistance regarding this matter, please do not hesitate to call me. We look forward to working with you on this matter. Very truly yours,. As~istant.~Town Attorney JA/Ik Enclosures cc: Members of the Town Board (w/o encls.) Ms. Elizabeth Neville, Town Clerk (w/o encls.) Zoning Board of Appeals (w/o encls.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Southold Town Hall Southold, New York September 25, 2008 9:17 a.m. Board Members Present: GERARD P. GOEHRINGER - Chairman/Member JAMES DINIZIO, JR. - Member MICHAEL A. SIMON - Member (start - 2:03) LESLIE KANES WEISMAN - Member LINDA KOWALSKI - Board Assistant KIERAN CORCORAN - Assistant Town Attorney - (10:00 - end) OCT 1 6 2008 ORIGINAL Pugliese Court Reporting and Transcription Service (631) 878-83S5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - September 25, 2008 INDEX OF HEARINGS Hearing: Page: Joseph and Cathleen Shipman #6173 3-22 Edward Bondarchuk #6178 22-32 Paul Silansky %6203 32-52 ARTCO and Coastline Cesspool %6200 52-61 Robert Sommerville #6204 61-68 John Gatanas #6201 68-72 Thomas and Mae Mauri %6199 72-75 Howard and Dorothy Zehner #6197 75-79 Ronald Pollio #6205 79-83 Ryan and Jennifer Stork #6180 83-86 Pine Neck Holdings #6180 86-90 Henry Traendly #6154 and %6207 90-91 Jennifer Jacobs and Clayton Gates #6206 91-92 Bud George Holman #6202 92-97 Richard Manfredi #6188 97-152 2 Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 89 ZBA Town of Southold - September 25, 2008 open to the sky? MR. LEHNERT: Um-hmm. MEMBER SIMON: The reason for the extra four feet from 45 -- from 39 back to 40 is -- the justification is that's how far the stairway extended? MR. LEHNERT: We also wanted to get a little more water view towards the side of the house down the creek. We weren't getting that with -- the interim plan that we had posed, we weren't getting that with a MEMBER SIMON: Okay. questions. CHAIRMAN GOEHRINGER: flush deck. No further Is there anybody who would like to speak for or against this application? Seeing no hands, I'll make a motion closing the hearing and reserving the decision for later. MEMBER DINIZIO: Second. (See Minutes for Resolution.) ********************************************** HEARING 96154 & 6207 - Henry Treandly CHAIRMAN GOEHRINGER: Sir? MR. TREANDLY: Mr. Chairman, members of PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - September 25, 2008 the Board, Town Counsel, Board Assistant, my apologies for (inaudible) notice. I'm going to ask you to allow me to carry this over at this point. I've also put this in writing. I felt more comfortable coming in seeing you. I hope this hasn't caused any disruption. I do apologize, but it's imperative for us to do so at this point. That's both hearings in general. CHAIRMAN GOEHRINGER: Yes. sir. MR. TREANDLY: Okay. CHAIRMAN GOEHRINGER: So we will adjourn without a date based upon your request. MR. TREANDLY: I'd like the next available date, if you can do that. CHAIRMAN GOEHRINGER: You want the next available date. MR. TREANDLY: Yeah. CHAIRMAN GOEHRINGER: Okay, going to be December or January. MR. TREANDLY: That's fine, sir. CHAIRMAN GOEHRINGER: So it'll be January, the first January 8. MR. TREANDLY: That'll be fine. CHAIRMAN GOEHRINGER: Okay, so we will PuglieseCou~ Repo~ingand T~nscrlptlonSe~ice (631)878-8355 90 that's either 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 91 ZBA Town of Southold - September 25, 2008 adjourn this to January 8, 2009 at the applicant's request and authorize a resolution. MEMBER DINIZIO: Second. (See Minutes for Resolution.) HEARING #6206 - Jennifer Jacobs CHAIRMAN GOEHRINGER: I need to address the Jennifer Jacobs and Clayton Gates issue. I need to request from the Board a resolution or I'll make the resolution to adjourn this hearing without a date. This has been the second or third adjournment. It's held the calendar up so -- BOARD ASST.: And cancel this hearing. CHAIRMAN GOEHRINGER: -- and cancel this hearing. BOARD ASST.: We advertised it so (inaudible). CHAIRMAN GOEHRINGER: So I'm going to cancel this hearing and adjourn it without a date. MEMBER WEISMAN: I'll second that. (See Minutes for Resolution.) ********************************************** PuglieseCourtReportingandTranscrlptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 152 ZBA Town of Southold - September 25, 2008 I, Denise Gasowski, certify that the foregoing transcript of tape recorded Public Hearings were prepared using four-track electronic transcription equipment and is a true and accurate record of the Hearings. Signature ~enise G~sows ki Agency Name: Address of Agency: Pugliese's Court Reporting and Transcription Service 4 Saddlebrook Lane Manorville, New York 11949 Date: October 5, 2008 OCT 1 6 200~ / 'OARD CF APPEALS Pugliese Court Reporting and Transcription Service (631) 878-8355 O~ffice L~catio~!: Town Annex/First Floor, NoFth Fork Bank 54-375 Main Road (at Youngs Avenue) "J Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO= Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCF_~:: /x~ . . [] UI~(;ENT [] FOI*, YOUF, UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached COl)y/copies of fl~e followh~g: Thank you. Sender's Initials: ~_~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME TRAEN DLY/CADWALLADER MAP # 31-14-11 & 12 #6207,6154, 6264 VARIANCE LOT SEPARATION & SETBACKS REQUEST WAIVER/VARIANCES DATE: THURS, JAN. 8, 200c~, 2:10 PM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 September 25, 2008 To: Southold Town Zoning Board of Appeal Subject: Our applications [file numbers 6154 & 6207] for Variances for our property [SCM//1000 31 14 11]. To: the Board Chairman and ladies and gentlemen members of the Board With apologies, we ask you that you accept this letter as our formal request to carryover today's scheduled hearings until the next available meeting. We ask for the Boards forbearance with this last-minute request and ask that you grant it as it is a necessity for us. Respectfully/~ ~/H'~r/~dly & ~ar~^ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (l~ame of Applicants) CTM Parcel#1000-,,.~::~] .._ I LIi~ AFFIDAVIT OF MAILINGS - c-, r,, COUNTY OF SUFFOLK) STATE OF NEW YORK) '~"-tocv~t ~.A ~o~ ~ , I~w York, bei,3g duly sworn, depose and say that: · On the ~--~ day of ~ ~/--t-,e.~ [3~ r', 200~, I pemonally mailed at the United States Post Office in .-~,q~e£~or~T'- , New York, by CERTIFIED MA,,., Notice in prepaid env~:~s addre,s~... ] to current owner, s s..nov~..~... assessment toll verified frc~ the ott~1 recorda on file w~n me tv'/Assessors, or ( ) CountY Real Pm~i Office' :. _ .,..--:~/.. ,. fo[..eve~ .properly V~"li(~l abu~ end i, .acmss..a pu.?i¢ or pt?~e~street~.~or'¥en,cu,mr nont-.ot- way of .cord, surrounding, me Sworn to befOre me this ~ ~ ~ ' ' PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers · next to the oWner names and addresses for 'which notices were mailed. Thank you. , ¸,7 Postage ru Return Reclept Fee (Endorsement Required) ~3 (Endorsement Required) Total post~--ge & Fees O947 //, nj r-t Certified Fee ~.42 $2.70 $2.20 O94? m $2.70 05,o.,~k $2.20 $ $5.32 ~/~/~ rn · Complete items 1,2, and 3. Also COmplete~ item 4 ff Restricted Delivery is desired. · Print your name am:l address on the reverse so that we can return the card to you. · Attach this card to the back o~ the mailpis~e, or on the front ~f space permits;- 1, Article Addressed to: 2. ~e Num' ?~mm~ ~o 7003 1680 PS Form 3811, February 2004 3. Sewice Type [] ~i~t:l [] Rotum ~o~ f~r M~mhandl~ [] Insured Mail [] C.O.D. 4. Restricted Deliverer7 ~ Fee) ' n Yes 0002 6229 8347 Domestic Return Receipt · Complete items 1,2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reveme 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. ~. Receiv_edby(~r~/l:/N_an'~L JOD~eoJ .~j D. Is daiivery addres~ different from Item 17 If YES, enter delivery address below: 3. Service ~pe [] Cat~ed Mall [] ~ Mail [] Registered [] Retum ReM[pt for Mem~andlse [] Insured Mail [] C.O.D. 4. Rest~cted Delivery? (Extra Fee) [] Yes 7003 1680 0002 6227 8493 i Ps Fo~ 3811, February 2004 Domestio Return Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of &. (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ..................... COUNTY OF SUFFOLK) STATE OF NEW YORK) · 5'th m e'3'~o &.'-F- , New York, being duly sworn, d~pose and say that: - op the I'7 day of_ ,(~'~, twl. beW ~ I personally placed the Town's omcial Poster, w~th the date of bearing at~ nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confim~ that the Poster has relnamcd in place ~r seven d,w.,~-prror to th'at date 0f the subject bearing date, which hearing date ,,,as shown to be Sworn to be, fore lne this (Notary P~lic) MELANIE DOROSKI #OTARY PUBLIC, State of New Ne. 01D04634870 Qualified in Suffolk County Commission F. Aoires Septemb~' 30, *near the entrance or driveway entrance of my property, as the area most visible to passersby. USPS - Track & Confirm ~ UNITED ST/JTES POST~I. SERVICE, Page 1 of 1 g~ I ~ I Sian In Track & Confirm Track & Confirm FAQs Search Results Label/Receipt Number: 7003 1680 0002 6229 8330 Status: Delivered Your item was delivered at 3:15 PM on September 10, 2008 in MILLER PLACE, NY 11764. Nmificalion Options Track & Confirm Enter Label/Receipt Number. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. , Site M~[~ Contact Us Forms Gov't Services Jobs Prlvac~L Poh~ Terms of Use Copyright@ 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA O National & Premier Accounts http://trkcnfrm 1.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 9/23/2008 ~POST~LUNITED ST/~TES SERV~E~ Home I eH~lp I SJanln Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7003 1680 0002 6229 8354 Detailed Results: · Notice Left, September 10, 2008, 3:21 pm, BROOKLYN, NY 11209 · Arrival at Unit, September 10, 2008, 5:50 am, BROOKLYN, NY 11209 · Acceptance, September 08, 2008, 4:33 pm, JAMESPORT, NY 11947 < Back Return to BSPS. c~. Hdme > Track & CoMirm Enter Label/Receipt Number. GO > Track & Confirm by email Get current event information or updates for your item sent to you or othem by email. [~atigoal & Premier Accounts http://trkcnfitid .smi.usps.com/PTSIntemctWcb/InterLabelDetail.do 9/23/2008 #8997 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 11th day of September, 2008. Sworn to before me this Town~C6de ~hapte~ 280 (Zoning),Town of Southold, the fOJlowing pubrw hear- 'ings will be held by the SOUTHOLD TOWN ZONa~G 'BOARD OF AP- ~b -.T~w a 'I~IL $309S Main g~thold, New NIFER STORK = 6187. Request for Variances under Semions 280-116 and 280-124. based on the Building Inspec- ~ NOTICE tor's May 15. Z008 Notice of Disapprov- · SO~JTHOLD TOWN ZONING at concerning a proposed new dwelling · . ~[QARI} OF ~PP~d~LS ~ (after demolishing the existing building). TIiURSDz~Z,$]~PTEM~ER~,2008 ' The new dwelKn~ is proposed at less ._ PUB][~I~RIN(~S . . than 15 feet on a sing~ side-yard Jess ; .NO3:~GE.tS~-~elE~y ~N, p~r- ~ ,than 35 feet on to~al side yards, and leas adjacent th Great Peconic Bay. Location qf ~'Olmre/g: 3270 Pecozfic Bay Boul~- yard, L~ur~l; C/3v1128-6-8. 1:45 EM. Carryover: PINE NECK HOLDINGS #6180. Variance for deck addiuon to the dwelling at less than 75 [eet from the bulkhead, at 1475 Pin~ Neck Road, Southold: CTM 70-g40. ~ Vail-_ BARBARA A/ CADWALLADIEU #6154:South Side of Main Road eNYS R~quest for a Variance uflder Section 280-124, based on the Bud ng Inspec- tor's July 21, 2008 NOtice 6f Disapprova eone~tnthg a proposed' dwelling on a nmieoifforming t4;0~0 ~quare fool par- ra~ yA~a lot coverag%~xce~ding the ~ lhh~tafion of 20% ~for all bthlding :~m~,~at '/70~inewo0dRoad, Cutchogue~ ~0:~'110'~'24. 'z 0: A.M. ARTCO and COAST- ~qE CESSPOOL ~ DRAIN SER. ~ ~K~200, Request~for Variances un- d~.B~c~.tipn 280-64A a~d 280-64C, based ' ~ ~e ~ildthg Easp~ctor's May !5 2008 N~ze s:ff Disapproval concerning a pro- pa~d:~ bthh~iag f~r use Os a cesspool a~act drathag~ compafiy. The reasons for disapproving the building permi appti- cat~(~a are;'(1) the proposed constraction is l~s$ ttian t~e code-required mhfimum of~00 fe~t fi.om the right-of-~way of each ~ affcf ~6rnme?ce Drive, I - This is a request for under Article II. Section 100-26. based on the Building Department's July 25, 2008 amended Notice of Disappro4al stating that County Tax Map Paree Numbers 12 and fl in Distr ct 1000. Section 31. Block 14. are merged pursuant to Section 280-10 which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or 9onconformmg lot which has been held ~n common-ownership with the first 1o~ at an~ time after J¢ly 1 1983. An ad- scent lot is one which abuts with tim parcel for a coramon coupe of fifty (50) B) ZBA.~M 54. (Carried from July 24, 2008~ - This is request for Variances under Section ~,~0-12~- based on the Building Inspector's January 30. 2008 Notice of Disapproval, amended J~y 25, 2008 concernin: a pkoposed sing e2fam - ly dwoilthg (ahcr demolition of an exist- wtth a~rop0sed single side he code.required mini- le$~ than the required with a ~baek ~f~a$ than the ¢ode&~uked minimum nf ~0 feet °n.a s ngle side ~d I~ ~ ~m~uM 6{35,fe~t ~6~ ~e ~_q~t ~o~ ~s under, S<tion S~: 12 760 ~qU~ f~et (noneonf0~- ~;~24;:ba~d'${;lh};Buii~g inspe~ Mg) ~ R~ ~w~n~i~ Residential t°r~. i; ~S m¢~ Nofi~ of ~n~ D~ict. DisapprovM ~g a prop~d 2;4~ EM. BUD GEORGE HOL; :d~el~n~; ~ter demdiish~g ~e' e~st~; ~N ~ 6~ Request for V~an~s Un= lng dwelfing a~d a~esso~ garage~ %e d~ S~fions 280-1~ and ~116j based reason for disapproval di~ the building permit a plieation is that the new con- ~tm~t w~ be less than the code,required mmtmum of 35 feet from the front yard lot line and rear yard lot line. Location of Property: 445 Central Drive, Mattithck; CTM 1000406-3-22. 11:~0 A.M. gAMES and MAE MAU- RI ~6199. Request for a Variance under on the Building Inspector's May 20, 2008 Notice of Disapproval concern ~/g anas- built porch enclosure and deck addition to the existifig dwelling, which are less than the code-required minimum of 15 feet ona side yard in this R40 Zone, and less than 75 feet from the bulkhead ad- jacent to Great pecoinc Bay, at 350 Park Avenue, MattBuck; CTM I000-123-7-8. d~e~ing, aRer"~mb~fig the ~st:' ' ~ ~ 6~. Request for ~s un- re,on for disapproval oi ~e b~d~8 on ~e Build~g Inspector s May 20,2~ stkh~t'~'~g'th~kode;~qh~ed ' ~[p~}c~o~u[~.hnd deck lusCeemr's hl~ 2.'2~,~ti~r~i~ ,~gS. (~g~by~B6ard Ae~on): a~provhl concerning tho applteanm ~is ~ an ~p~cation requesting a ~ro~ged addffions ~d alt0rafion~- m ,aq~undeg~on ~ ~d 2~-1~ demolifio~ 6L,~, am~d-~,{~ol ~.~g ~sp~ctorh June i0, ~ sumuad). ~-~asodf~'d~a~m~ng ~en~ N~ of .Disap~oval the buRd~g-pemt gpp~c~ion is ~at ce~g pm~s~ additions and Soa~ol~ ~ ~70-12-9.2. ~ 25 feet on tO~~ y~ds, at ~ S~set Vafianc9 uude~ S~tion ~-1~ h~e~ ~e,BJoard Of Appea!~ W~ ~ear amended Nqfice of D~appgovM con- Mg to ~ ~a~ at e~h Kea~g, ancot fions m ~ *xilt~g ~gle-f~y dwell- before ~e co~uslon of each tion ~ be le~ th~ th~ c~-mq~ked ~ ~sj~ated above. Files are avail- at ~0 M~'s ~e Nomh, G~an~ h0~ ~d pti9r to ~p dgY of ~e hear- 1:15 EM. RONALD POL~O g6205, heaila~ to ~nmct o~ o~-at (631) Request for a Vafi~ ufider Sec~n 755-1~9 or by email: LMda. Kowalski~ 280-124, based on the Bulldog Insp~- Town. Sou~old.ny, us. tot's July 18 ~8 Notice of Disappi~vhl Dat~; Se~m~ 5, 20~. a nonc~foming 6,9~ square foot par- GE~ E GOEHRINGER cel. which new construction ~1 be less . CHAI~N than the code required minimum of 10 BY LINDA KOWA~KI feet on a single side yard setba~ and 54375 M~ Road (Office ~ation) less than 35 feet on the minimum front 53095 MaM Road (Maflin~SPS) APPEALS BOAR Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southotd 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 1197i LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 25, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings 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~ SEPTEMBER 25~ 2008: 2:00 P.M. HENRY TRAENDLY and BARBARA A. CADWALLADER #6154. South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. A) File # 6207 - This is a request for Waiver of Lot Merger under Article II, Section 100-26, based on the Building Department's July 25, 2008 amended Notice of Disapproval stating that County Tax Map Parcel Numbers 12 and 11, in District 1000, Section 31, Block 14, are merged pursuant to Section 280-10, which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." B) File #6154. (This hearing is carried from July 24, 2008) - This is a request for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval, amended July 25, 2008 concerning a proposed single-family dwellintq (after demolition of an existing building) with a proposed single side yard at less than the code required minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion; CTM 31-14-11. 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 Page 2 - Legal Notice Public Hearings - September 25, CTM I000-31-14 and 12 (Traendly) 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: August 27, 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM TRAENDLY/CADWALLADER MAP # 31-14-11 & 12 #62O7 & #6154 VARIANCE LOT WAIVER; SETBACKS REQUEST UNMERGE UNDERSIZED LOT DATE: THURS, SEPT. 25, 2008, 2:00 PM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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: ht~://southtown.north fork.net August 28, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, September 25, 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 September 9nd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearin.q, providinq the returned letter to us as soon as possible; AND not later than Sept. 12th: 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 September 17th: 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 Postin,q prior to September 24, 2008. 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. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Otiva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August12,2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY l 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mr. Thomaslsles, Director Suffolk County DepartmentofPlanning 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 #6207 Action Requested: Within 500 feet of: Owner/Applicant: TRAENDLY Lot Waiver (X) State or County Road (X') Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman TOWN OF SOUTHOLD ~y ~OIlD CARD OWNER ~O~ -owN'~ ...... '" S~S. -- VL. TOTAL LAND IMP. STREET F~RM DATE //t..z/6 / ¢, AGE j BUILDING CONDITION NEW NORMAL BELOW ABOVE VILLAGE COMM. REMARKS DISTRICT J SUB. LOT ^CR GE I .4. l& ,C' [ '~TYPE OF BUILDING Farm Acre Value Per Acre Value Zillcd~le 1 Tillable 2 ~ Tillabl~ 3 Wooldlc~d Swampland Brushlar~k House Plot Bldg. Foundation Bath tension Basement j Floors tension Ext. Walls Interior Finish tension Fire Place Hea~ l Porch Attic Porch Rooms 1st Floor .~e-z~way Patio ROOms 2nd Floor .... ~. ,' ~ ~ '~ 'q ~' Driveway VILLAGE ,/ DISTRICT SUB. ACRF-AGE TYPE OF BUILDING SEAS. IMP. ~ 700 AGE NEW liable 2 q liable 3 Moodland ~wompMnd ~ushland ~o~e P~ NoP. MAL LOT TOTAL DATE ! REMARKS . / ~ ~ ~ ,' DOCK BUILDING CONDITION BELOW Value Per Acre LAND , AGE ~/~ ]'il loble 1 F[l~ob[e 2 Woodland Swampland Brushladd ~ House Plot VILLAGE DISTRICT SUB. ACREAGE ©.900 LOT TYPE OF BUiLDING j Est. Mkt. Value [ VL j IMP. l TOTAL DATE R~ARKS ~ ,~,~^L Ac re r DOCK Totel . I .~' ,, i inter,or Finish Ext. Wo~ls · [~p-~ ¢~_~ ~, I . Heat Fire Place Parch ~ :Roof T~e Porch ~R~m 1st Fiaor Potio ]Rooms 2nd Floor Drive~oy [ COLOR TRIM F,Z~ = Deck Breezeway Gara§e Pool Foundation Basement ExL Wails Fire Place Dormer ?O o D rivew ay Bath Floors ~terfor Finish Heat Woodstove Attic Rooms 1st Floor Rooms 2ad FLoor ~(it. V/ L.R. -v/ Fin. B. NOTICE COUNTY OF SUFFOLK (~ Real Property fox Service Agency SOUTHOLD lOOO SECTION NO