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Home My WebLink About6186 APPEALS BOARD MEMBERSO 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: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 · RECEIVED' g FEB 3 2009 MEETING DATE: JANUARY 22, 2009 ZBA FILE # 6186 - 2000 BROADWATERS LLC, Applicant PROPERTY LOCATION: 2000 Broadwaters Road, Cutchogue CTM 104-9-12 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 an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a reply dated June 24, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 17,279 square foot nonconforming wooded lot in the R40 District that is improved with a dilapidated accessory garage. It has two front yards; one fronts for 47 ft. along Broadwaters Road the other along Crabbers Road which is an unopened paper Road. The lot is 258.04 feet deep. The southerly portion (rear) of the property is in a FEMA flood zone, contains wetlands and is adjacent to Broadwaters/Haywaters Cove, as described on the survey by John C. Ehlers Land Surveyor dated 7-3-2007. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (after demolishing the existing building). Findings of Fact The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, October 30, 2008 and January 8, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: After demolition of an existing dilapidated accessory garage, the applicant proposes to construct a new dwelling of approximately 3,216 square feet that will be located at 14 feet from the front yard setback of Crabbers Road, an unopened road, where the code requires a 35 foot minimum front yard setback. Page 2 - January 22, 20089 ZBA #6186 - 2000 BROADWATERS LLC CTM 104-9-12 AMENDED APPLICATION: During the hearing, the applicant was asked to address concerns from the Board of Appeals and the neighbors (see additional information below). The applicant on December 19, 2008 submitted a plan to the Board of Appeals that retained the proposed 14 foot front yard setback from Crabbers Road, but reduced the width of the proposed dwelling from 58 ft. to 54 ft thereby increasing the proposed side yard setback to 14 ft. from 10 ft. In order to preserve more of the existing natural buffer along Broadwaters Road and to create privacy from the adjacent neighbors the amended site plan reduced the width of the proposed driveway entrance from 26 ft. to 12 feet, and included on the site plan are the existing trees that could be preserved or transplanted as well as the new plantings proposed along the north and east areas of the property. Finally, drywells were added to the site plan to control roof runoff. ADDITIONAL INFORMATION: Three public hearings where held on this variance application: August 21, 2008, October 30, 2008 and January 8, 2009. During these hearings the adjacent neighbors, Mr. and Mrs. Mikulas, submitted written documentation and oral testimony in which they claimed that the subject properly, lot 12/263, had merged with the adjacent property, lot 13/264. On December 30, 2008 the Board of Appeals received a letter from Attorney Gall Wickham stating that the lots had not merged. On November 19, 2008 the ZBA requested that the Town Attorney review these claims and documents, and, the Town Attorney's opinion is, as stated at the public hearing on January 8, 2009, there is insufficient evidence to conclude that the lots had merged. In addition, both the Mikulas and another neighbor, the Ropers, objected in writing and at the public hearings to the proposed size of the applicant's house and its closeness to the Mikulas' side yard, noting that the sloping grade of the property would make the easterly side of the basement (facing Broadwaters Road) mostly below grade while the westerly side (facing Haywaters Cove and wetlands) would be at grade, creating a walkout basement with partial finished livable space and two stories above. (However, the Board notes that Town Code defines such structures as legal 2~ story dwellings). The clear cutting of many trees on the subject property and the potential environmental imPacts that might cause were also of concern. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Crabbers Road is an unopened, unpaved road leading to a dead end and appears as a side yard rather than a front yard. The existing neighborhood has homes that are considerably smaller than the house proposed by the applicant; but there are also numerous houses that are as large or larger in the area that have also been built on comparably sized irregular parcels. 2. Town Law ~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because there are two front yard setbacks and a wetlands setback with required environmental buffer which restricts the building envelope. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. The proposed front yard setback from Crabbers Road is 14 feet at the southeast corner of the proposed house and widens to 20 feet at the southwest end. Crabbers Road is an unopened paper road that looks like a side yard. In this regard the proposed 14 ft. setback is only one foot (1') from the code required 15 ft. side yard setback. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created insofar as the applicant has chosen to build a large home on a small, irregular lot. Page 3 - January22, 20089 ZBA #6186- 2000 BROADWATERS LLC CTM 104-9-12 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed house is set back 90 feet from the edge of the wetlands, the proposed deck is set back 75 feet and the Southold Town Trustees have granted a permit (#6916) to the applicant after evaluating all potential environmental impacts. The application is exempt from the LWRP according to a letter from the LWRP Coordinator, Mark Terry, dated August 20, 2008. At the request of the Board of Appeals, the applicant has added drywells on site to control roof runoff and proposes to retain and transplant healthy trees where possible and to add significant tree enhancements to control erosion. 6. Town Law §267-b. Grant of the requested (amended) relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling and deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Simon, and duly carried, to GRANT the variance as applied for in the amended application, and shown on the site plan by Garrett A. Strang, Architect, labeled SP-1B dated 12-19-08. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon, and Weisman. This Resolution was duly a.dopted (5-0). RUTH D. OLIVA, VICE CHAIRWOMAN ;~ ~ /2009 Approved for Filing DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 / THOMAS ISLES, Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for locaI 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) Maritime Day School 6170 Carley 6171 Higgins 6 172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6 180 Gallagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 Very truly yours, Thomas Isles, A1CP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 117884)099 TELECOPIER (631) 853-4044 TO: NOTICE OF DISAPPROVAL /~~v~ (~' ' j~>'~\ DATE: May 12,2008 Garrett Strang (2000 Broadwaters LLC) PO Box 1412 Southold, NY 11971 Please take notice that your application dated April 30, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 2000 Broadwaters Road, Cutchogue, NY County Tax Map No. 1000 - Section 104 Block _9 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 17,279 square foot lot with two front yards in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minirfftii~ron~~'~ yard setbac~___~) Following the proposed construction, the dwelling will have a front yard setback of 14 feet. This Notice_of Disapproval was written based on a plot plan, dated 4/30/08, by Garrett Strang, Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Garrett Strang (2000 Broadwaters LLC) PO Box 1412 Southold, NY 11971 Please take notice that your application dated April 30, 2008 DATE: May 8, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 2000 Broadwaters Road, Cutchogue, NY County Tax Map No. 1000 - Section 104 Block 9_ Lot 12 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 17,279 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, which states,that non-conforming lots~._~, measuring less than 20,000 square feet in total size, require a mlnimun~ t~e'ya~d setbacl~ 25~ feet. ~[~--'~ '~ ~ Following the proposed construction, the dwelling will have ~ide yard setback of 24 feet. This Notj~.eq f~isa~'l'l~roval was written based on a plot plant dated 4/30/08~ by Garrett Strang~ zed ~gnature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TO: Garrett Strang (2000 Broadwaters LLC) PO Box 1412 Southold, NY 11971 FORM NO. 3 / .... ~ . DATE: May 12, 2008 "~' l ~ Please take notice that your application dated April 30, 2008 For permit to demolish an existing garage structure and build a new single family dwellin[, at Location of property: 2000 Broadwaters Road, Cutchogue, NY County Tax Map No. 1000 - Section 104 Block 9 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed construction, a non-conforming 17..~-gcq~are foot lot in the Res~lential R-40 District is not permitted pursuant to Article XXIII Sectip~ 200-12~, non-conforming lots~'measuring less than 20,000 square feet in total size, require a mlnknnmfa~t yard setback of 35 f~et Following the proposed construction, the dwelling will have a front yard ~tback of 14 feet This NoJic~.-4~ia~ ;va, was~itten based on a plo, plan, dated~4~/30/08, by Garret, Strang, itect. '~ ,~ ) / Note to Applicant: ~y change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. '/.~ Town Hail Annex 54375 State Route 25 or. 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 MEMORANDUM To: Gerard Gochringer, Chair Members of thc Zoning Board of Appeals/ From: Mark Terry, Principal Planner LWRP Coordinator Date: August 20, 2008 Re: Coastal Consistency Review for ZBA#6186 (Broadwater LLC) SCTM# 104.-9-12 AUG 2 0 2008 BOARD OF APPEAL'. The proposed action which 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 determination that the proposed action is EXEMPT from LWRP review pursuant to: 268-3. Definitions .item F which states: 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 CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] and Chapter 3~ 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] C. All buildings and structures located on lots adjacent to any freshwater body shall be set back not less than 75feet from the edge of such water body or not less than 7$ feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 275, Wetlands and Shoreline, of the Code of the Town of Southold. As indicated above, the proposed action is not located within the jurisdiction of the Board as it applies to a regulated natural feature. Cc: Kieran Corcoran, Assistant Town Attorney Garrett A. Strang Architect December 19, 2008 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Proposed New Residence for 2,000 Broadwaters, LLC. 2,000 Broadwaters Road, Cutchogue, NY SCTM #1000-104-9-12 Appeal # 6186 Dear Mr. Geohringer and Members of the Board: Enclosed per your request, are seven (7) copies of the amended Site Plan with respect to the above referenced matter. As discussed, the width of the house has been reduced from 58' to 54' and the side yard setback to the north lot line has been increased from 10' to 14'. The driveway entrance has been reduced in width from 26' to I2' as well as being shifted further toward the southerly side of the property with every effort being made to maintain as much of the existing natural buffer along Broadwaters road as possible. I n addition, as requested, I have noted on this drawing the existing and proposed plantings and enhancements to same along north and east areas of the property adjacent to the proposed house. corresponds to the landscape plan previous submitted on October 17, 2008. This If after reviewing the enclosed, you have any questions or require additional information, please do not hesitate to contact me at the office. Thank you for your continued courtesy in this matter. Very truly yours, Garrett A. Strang, R.A. Architect Encs. ? NOTE: THIS SITE PLAN WAS PREPARED W~TH INFORMATION TAKEN FROM A SURVEY MADE BY JOHN C. EHLERS, LAND SURVEYOR, RIVERHEAD, NEW YORK DATED: NOVEMBER 30, 2006 REVISED; JULY 3, 2007 ALL ELEVATION AND COUNTOUR LINES ARE REFERENCED TO N.G,V,D. THE EDGE OF WETLANDS WAS DETERMINED RY ROBERT HERRMANf~'OF ENCONSULTANTS SOUTHAMPTON, NEW YORK DATED: MAY 2007 LOW WATER L~NE WAS DETERMINED BY ROBERT H, FOX, PLS, OF SEA LEVEL MAPING, RIVERHEAD, NEW YORK DATED: MAY 11, 2007 ~- F_..h" /AA? SITE AREA mAX MAP # FILED MAP DATA SITE DATA ZONING FLQOD ZONE WATER SUPPLY USE EXISTING PROPOSED OWNER AMENDED MAP "A" OF NASSAU POINT FILED AUGUST16,1922, FILE No. 156 NASSAU POINT, TOWN OFSOUTHOLD SUFFOLK COUNTY, NEW YORK R - 40/RESIDENTIAL "AE"(eI.-8) & "X" PROPOSED - SUFFOLK COUNTY WATERAUTHORITY ACCESSORY GARAGE SINGLEFAMILY DWELLING BUILDING AREA EXISTING to be removed PROPOSED LOTCOVERAGETOTAL EXISTING PROPOSED LOT AREA-UPLAND LOTCOVERAGEUPLAND 'EXISTING PROPOSED TOTALIMPERVIOUS BUILDING & PAVED AREAS EXISTING PROPOSED 2000 BROADWATERS, LLC 128 MARINE AVENUE BROOKLYN, NY 11209 689 SQ. FT. 3,408 SQ. FT. 3.6% 1,075 SQ. FT. 3,470 SQ. FT. TOTAL IMPERVIOUS LOTCOVERAGE EXISTING 6.2% PROPOSED 20.0% OCT - 8 2008 ~OARD OF APPEALS GAI RETT A. STRANG architect 1'230 Traveler Street Southo',d N.Y, 11971 631- 765- 5455 NOTE: THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM A SURVEY MADE DY JOHN C. EHLERS, LAND SURVEYOR, RIVERHEAD, NEW YORK DATED: NOVEMBER 30, 2006 REVISED' JULY 3, 2007 ALL ELEVATION AND COUNTOUR LINES ARE REFERENCED TO N THE EDGE OF WETLANDS WAS DETERMINED BY ROBERT HERRMAN~'OF ENCONSULTANTS SOUTHAMPTON, NEW YORK DATED: MAY 2007 LOW WATER LINE WAS DETERMINED BY ROBERT H FOX, PLS, OF SEA LEVEL MAPING, RIVERHEAD, NEW YORK DATED: MAY 11, 2007 SITE DATA SITE AREA .439 ACRES - 19,157 SQ. FT. TAX MAP # 1000 - 104 - 09 - 12 FILED MAP DATA AMENDED MAP "A" OF NASSAU POINT FILED AUGUST 16, 1922, FILE No. 156 NASSAU POINT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ZONING R - 40/RESIDENTIAL FLOOD ZONE "AL" (el. - 8) & "X" WATER SUPPLY USE EXISTING PROPOSED PROPOSED - SUFFOLK COUNTY WATER AUTHORITY ACCESSORY GARAGE SINGLE FAMILY DWELLING OWNER BUILDING AREA EXISTING to be removed PROPOSED new residence 2000 BROADWATERS, LLC 128 MARINE AVENUE BROOKLYN, NY 11209 689 SQ. FT. 3,408 SQ. FT LOTCOVERAGETOTAL EXISTING 3.6% PROPOSED 17.8% LOT AREA - UPLAND 17,279 SQ. FT. LOTCOVERAGEUPLAND EXISTING PROPOSED 4.0% 19.7% TOTAL IMPERVIOUS BUILDING & PAVED AREAS EXISTING PROPOSED 1,075 SQ. FT. 3,470 SQ. FT. TOTAL IMPERVIOUS LOT COVERAGE EXISTING 6,2% PROPOSED 20.0% GAF:IRETT A. architect STRANG 7230 Traveler Street Southo:d 631 -765- 5455 N.Y. 11971 / SITE DATA SITE AREA .439 ACRES - 19,1S7 SQ. FT. ~ "~ TAX MAP # 1000- 104-09- 12 ~. FILED MAP DATA AMENDED MAP "A" OF NASSAU POINT FILED AUGUST 16, 1922, FILE NO. 156 ii NASEAU POINT, .OWN OF SGUTROLC V a , / SUFFOLK COU. .. W ~,1[ ZONING R - ~IRESIDENTIAL ~ · ~1 A, FLOODZONE 'AE"(eI.-a) & "x" ~ x EXISTING ACCESSORY GAUGE ~ ~ ~ ~. us~ / ~ - PROPOSED SINGLE FAMILY DWELLING ~ :'~k~ ~. ~ ~' / / ~ ~ ~ BROOKLYN, ~Y 1 t 209 ~ ~ ~ ~ ~ ~ BUILDING AREA ~ ~ 'k ~ EXISTING ~ ,. - , ~ ~. ~, to be removed 689 SQ. FT. ~ ~) ~ j ~,..~ ~ ~?~ PROPOSED ~' ~ ~ ~// X ~ ' ~ ~ new residence 3,216 SQ, FT. I ~ ' '~ "'~ L,~ ~ ~ ~z~ ~[~ ~ EXISTING 3.6% ~ t · ~ I ~,~ ~ ~ '~ ~ . ~ ~ ~/~ I ~ ~i~ PROPOSED 16.8% ~ .. / ~/ / ~' ~ / ~ / / / LOT AREA- UPLAND 17.279 SQ. FT. / / ,~ LOT COVE~GE UPLAND ~ J / // : :~ ' =- / / / ~ ./: /~ ~ ~ ~ ~~~ EXISTIN~ 4.0% ~ ~ ~ / ~ / PROPOSED 1~.6% ~ ~ ~ ~ / ~/~ ~ ~ ~ ~ :-'~~ ~ - - ~ TOTAL IMPERVIOUS / ~ ~[ - ~ ~ ' _ _ ~ BUILDING & PAVED AREAS ~ -~- . ~ ( ~. ¢~ ~Z~~ ~ ~' X ,~ ) ~),~ ~ ' TOTAL IMPERVIOUS ~ r ~ '~ .~,, ~/~ ~_~L~~~. ~ - :: ' LOTCOVE~GE NOTE: ~ , ASURVEYMADEBYJOHNC, EHLERS,~NDSURVEYOR' ~ ~ [~ ~ ~ ~ ~ ~ / ,~ ] ~ )&~ --~. ~ ~[~ ~ DATED: NOVEMBER 30, 2006 REVISED: JULY3,2007 ~: ," ~g~' % , I ~ I ALL ELEVATION AND COUNTOUR UNES ARE R~FERENCED TO "'G'V'D' ~ ~ - , ARRETT A B DATeO:,AYiO0/ .. ~a=~'~:~ "~~ 1230 T ra.ve~r Street Southo,d N.Y. 11971 LOWWATER~NEWASOETE~INED [W ....... ~ ___ --~ ~ ~ ~1524~%// [ 631 - 765 - 5455 ~, OAI4 .,~3EE_ ACE~td~'~NYI KI(~ P'L/kNIT LIS1'-- I~{. /RTE./ OI~EIMCt-I ~ ~o p-f; 2000 I~;:F:xPI,.-.IA,TIF_.I¢-._5, L.L.C. ' ' C LK1rCI-40~tCF_-, N~I4 '(o~,,,1~ 0 c-r'o B~P~ ONIi~G BOAR[') OF APPEALS > \ ! I I ! i JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Compaqservefipros~)6-271 LOT 12 UNDER 20,000.pro ®RAPHIC SUP-..VE"r" OF LOT 269 "AI'dENDED HAP A OF NASSAU POINT" FILED AU~I.Y3T 16, Iq22, FILE No. 156 ~ITUATE.' NA55AO POINT TOHN: fiOUTHOLD ,SUFFOLK GOL~ITT', 1~ ff:L~VEYED 11-~O-2OO6 12-14-2OO6 5~IRVE'f' REVISED HITH HETLAN~ LINE ANNOTATED FROH HYDROGRAPHIC MAP BY R. FOX DATED OI-O4-O6 TOPO 02-0~-200'1 t~--VISEP O-I-O~-2001 ~UFFOLK ~T'¢ TA~ # IOOO- lO4- q - 12 ,lUll - 6 2O08 BOARD OF Al AREA = 1¢1,15-f 5~. Ff.. OR O.4~q6 Acres PLANT LIST 2000 Broadwaters, L.L.C Cutchogue, New York Prepared Trimble's of Corchaug Nursery Cutchogue, New York October 2008 Existing Trees (as numbered on accompm(yi,,~ Si/e I)/a,) No. 1. 20 ft. Sassafras (Sassafras albidum) Transplant to open area to the northeast. No. 2. 30 ft. Pin Oak (Qucrcus palustris) Transplant to open area to the northeast. No. 3. 40 ft. Sassafras (Sassafras albidum) Remove; toolargc to transplant. No. 4. Dead Tree No. $. 40 ft. Sassafras (Sassafras albidum) Remove; too large to transplant. No. 6. 70-80 ft. Pin Oak (Quercus palustris) Remove; too large t~) transplant. No. 7. 25 ft. Sassafras (Sassafras alhidum). Too close to root system of ()ak to successfully transplant. No. 8. 25 ft. Sassafras (Sassafras albidum) Remove; too large to transplant. No. 9. 20 ft. Balsam Fir (Abies balsamea) Half of tree is dead; remove. No. 10. 50 ft. Balsam Fir (Abies balsamea) Remove; to() large to transplant. No. 11. 50 ft. Sassafras (Sassafras albidum) Rem,3ve; too large to transplant. No. 12. Dead Tree No. 13. 20 ft. Sassafras (Sassafras albidum) Transplant north 16 ft. No. 14. 40 ft. Pin Oak (Quercus palustris) Not a healthy specimen; remove. No. 15. 20 ft. Sassafras (Sassafras albidum) Transplant 20 ft. to the cast. No. 16. 30 ft. Sassafras (Sassafras albidunr) Rcmove: too large to transplant. No. 17. 20 ft. Balsam Fir (Abies balsamea). Unhealthy remove. No. 18. 50 ft. Pin Oak (Quercus palustris) Remove; too large to transplant. No. 19. 30 ft. Balsam Fir (Abies balsamea) No. 20. Dead Tree No. 21. 25 ft. White Pine (Pinus strobus) other White Pines. No. 22. 30 ft. White Pine (Pinus strobus) White Pines. No. 23. 55 ft. Balsam Fir (Abies balsamea) No. 24. 50 ft. Sassafras (Sassafras atbidum) No. 25. Dead Tree Unhealthy; remove. Transplant north along road with Transplant north with other Remove; too large to transplant. Remove; too large to transplant. No. 26. 60 ft. Poplar (Populus alba) Remove; too large to transplant. No. 27. 40 ft. Balsam Fir (Abies balsamea) No. 28. 40 ft. Balsam Fir (Abies balsamea) Half of tree is dead; remove. Unhealthy specimen; remove. New Trees (to replace materia/ removed) Area 1: Balsam Fir (Abies balsamea) Interplant with existing evergreens. Quantity: 5 Area 2: White Pine (Pinus strobus) Interplant with existing evergreens. Quantity: 5 Area 3: Pin Oak (Quercus palustris) Interplant with existing White Pines. Quantity: 5 Area 4: Poplar (Populus alba) Interplant with existing Sassafras. Quantity: 3 ~ECEIVED ZONIN6' ~OARD OF APPEl'! :'ARO OF APPEALS NASSAU OWNED POINT CLUB 51TUATE IN TOWN OF SOUTHOLD LON<; I,~LAND:, N. PROPERTIES, INC. &_ 73 i] p~×g1~ ouo DU~U ~u~ los OI APPLICATION TO THE SOUTHOLD TOWN BOARD OF AP~ ForOfficeUseOnly [~4~j~p.{~..~~.:~.~ __ Filed By: Date Assigned/Assignment No. HouseNo,~t2~O Street/~,Co, a~,,oalr,,~$ ~ Hamlet ~O~ SCTM 10~ Sectio~ Block~Lot(s) /~ Lot S~e , ~ ~ ~ ~ne ~ ~ I ~) APPeAL,THE W~TTEN DETE~INATION OF TH~ ~UI~DING INSPECTOR DATED ~/l~/O ~ BASED ON MaP DATED ?f~ [~ Applicant(s)/Owner(s): ~o~o ~ o ~ ~ ~ ~X ~ L C Telephone: ~'//t~ o ~91 ·/~ aY/ Fax #: Email: NOTE: In addition to the above, please eom plete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative~,4~rr ~. ~..~./a J~_X# t~cr for (,.--) Owner, or ( ) Other: Agent's Address: /~0 ~ /gl/~L ~¢/~-.1~ Telephone 7{~,~'. $~L5'~" Fax #: Please check box to specify who you wish correspondence to be mailed to, from the above nantes: [] Applicant/Owner(s),or ~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~//go./&~' AN APPLICATION DATED ~*"//% ]t~' FOR: ~Building Permi{ [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate ArticLe. Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleX~]}l Section 280- ]f'J~ Subsection Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] has, ~ has not been made at any time with respect to this propert¥~ UNDER Appeal No. Year__. (Please be sure to vesearch before completing this question or call our office for assistance.) Name of Owner= c~ooo ~,~4~,tOA~'~.-n L'/.(~ ZBAFile# ~l~'~ REASONS FOR APPEAL {additional sheets muF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ,t,t AA,,~ ~ n $ SA o ;~Ot ,-) r' (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ~"~ g ~ ~ ~ ~o ;~o~;r'~/a, m (3) The amount of relief requested is not substanti~ because: ~g ~ ~o--A ~o~&-n ]g ~ (4) The variance will NOT have an adverse effect or ~pact on the physical or environment~ conditions in the nei~hborhood or district becanse: ~ ~naaao /o;~r (5) Has the alleged difficulty been self-created? (~Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~ No. [3 Yes (pleasefurn;vh copyI. This is the MI~MUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this day of/~,g}t Barbara A. Strang NOTARY PUBLIC, New York No. 4730095 Qualified - Suffolk County Comm. Expires July 31, go___/~___~. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~,~, ~oa,~t~t,'r~ /..LC Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: 1I. New Construction Areas (New Dwelling or New Additions/Extensions): Dilnensions of first floo~~ _.~ t~ ~fi,' ~4 Dimensionsofnew second floor: 3~'t t' ~& Dimensions of floor above second level: ~ o Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above measured from natural existing grade to first floor: ground) 111. Proposed Construction Description (Alterations or Structural Changes) (attach extrasheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas anti lot coverage (from surveyor):,, n x Existing square footage of buildings ou your property: Proposed increase of building coverage: Square footage of your lot: /~ /5'7 Percentage of coverage of your lot by btfilding area: 20 V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 ett A. Strang Architect October 17, 2008 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fox (631) 765-5490 ZONING BOARD OF APPEALS Re: Proposed New Residence for 2,000 Broadwaters, LLC _.~..~ 2,000 Broadwaters Road, Cutchogue, NY SCTM #1000-104-9-12 Appeal # 6186 Dear Mr. Geohringer and Members of the Board: Enclosed per your request, are seven (7) copies of the Conceptual Landscape Plan with respect to the above referenced matter. If after reviewing the enclosed, you have any questions please do not hesitate to contact me at the office. Thank you for your courtesy and cooperation in this matter. Very truly yours, Garrett A. Strang, R.A. Architect Encs. Garrett A. Strang Architect October 8, 2008 OCT - 8 2008 1230 Traveler St., Box 1412 Southold, New York 11971 ~ Telephone (631) 765-5455 ~'~'~(~0 ~oFax (631) 765'5490 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Re~ Proposed New Residence for 2,000 Broadwaters, LLC. 2,000 Broadwaters Road, Cutchogue, NY SCTM #1000-104-9-12 Appeal # 6186 Dear Mr. Geohringer and Members of the B°ard/-'~e~ Plan in~.~ Enclosed per your request, are seven (7) copie d Site nection with the above referenced matter. The nature of the amendment ~ncluaes the proposed placement of the sanitary system, water service line, drywells for roof rainwater management and a row of evergreens as screen planting along the noah property line adjacent to the house. In addition, upon through research, we have been unable to find any documentation with regard to the ownership or right of access to Crabbers Road which abuts the subject property. Crabbers Road appears to be one of several 25' wide "paper roads" as shown on the original filed map as well as on the current Suffolk County Tax Map. It has remained unopened, untraveled and unimproved other than by a private driveway. If after reviewing the enclosed, you have any questions please do not hesitate to contact me at the office. Thank you for your courtesy and cooperation in this matter. Very truly yours, Garrett A. Strang, RA. Architect Enc~: ~ O Oarrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 October 10, 2008 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals OCT I 0 2008 Main Road '"' Southold, NY 11971 Re: Proposed New Residence for 2,000 Broadwaters, LLC. 2,000 Broadwaters Road, Cutchogue, NY SCTM #1000-104-9-12 Appeal # 6186 Dear Mr. Geohringer and Members of the Board: Enclosed per your request, are seven (7) copies of the Title Insurance Policy and Deed in connection with the above referenced matter. If after reviewing the enclosed, you have any questions please do not hesitate to contact me at the office. Thank you for your courtesy and cooperation in this matter. Very truly yours, Garrett A. Strang, R.A. Architect Encs. A~.I,~ OWNERS POLICY - 10 17 92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED iN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,, not exceeding tbe_..~,p~0unt of Insurance stated In Schedule A, sustained or Incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as ;toted t~erein; 2. Any defect in or lien or encumbrance on the tlt~e; 3. Unmarketabillty of the title; CC,," I 0 200~ 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees.and expenses incurred in defense of the tltle; as in~ur~d, extent provided in the Conditions and Stipulations. '~, ' ' :' .:: IN WITNESS WHEREOF, Stewart T~tle Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. Countersigned by: STEt'ART TITLE® . EXCLUSIONS FROM COVERAGE 'fhe following fllOrteb ore expressly excluded From the coveroge of this policy and the Eompon¥ will not Ce,/loss ar domage, costs, eeorneys' Sees or expenses which orrne by reoson of: 1. Ca) Any law, ordinance or governmental re~JIolion (indudi~ hul not limiled 1o building and zoning tuw~, oldinonces, or regulations] res,iding, relufing to (i) the occupancy, use, or enjoyment nt the land; (ii) tho chorod'ef, dimensions or I~atbo of arq improvement new er hereohe~ erected on the land: (iii) a se~rofioo in o~orship or o change in the dimensions er a~en of the land e~ on',/patrol o~ which the lend is or vms o port; m (iv) environmental protection, er the erred of uny vMafinn of these Iow's, odinences al governmental regulation, excep~ to the o:denl tha~ o notice ntthe enForcmnent thereof or ~ nofino of e de'[~t, lien er encumbrance resohing alleg~ vJoMion a~c~ng ~he land ha~ been reco~d~ Jn the public r~rds ~1 gale af PCJry. ~b) Any govemmenlal ~lice ~r eel exdud~ ~ Ca) a~, ~ce¢ ~o ~e e~enl thc a notke of ihe exerd~ thereo~ o~ a notice o~ d d~f~t, I~en or ~ncumbrance reciting Nam a ~dal[on o~ o~ed violation a~ing t~ I. nd has b~n r~ord~ i~ the public r~or~s at D~e of Poficy. 2. RiGhts at eminent domain units norm af ~e ~mc~e ~ere~has ~n ]e~ed in ~e pubic r~o~ds a~ ~te of Poli~, but no~ excluding ~m cweraqe day la~ing whkh Nee occurred prb~ t~ Da~ of Poli~ ~1~ would ~ bin~ng on the ~ht; of a purchaser for value ~thout k~edge. Defies, lie~s, en~mhmnces, ad~rse cMms or other ma~ers: Co) c~, suffmed, ~m~ or ag~ ~ by the insure~ claimant; Ch) not ~ne~ to the Company, n~ r~ord~d in the publk records at Dee of Pol~, but ~now~ to the insured clmimon~ eM no~ di~d~s~ ~n wdting to t~ E~mpuny by the in~r~ deiment prlo~to ~e dote the in.red claimonl became en insure~ under th~s Cc) ~ulting in no I~ or damage ~o ~e i~r~ claimant; Cd) o~i~9 or crated ~ubseq~t ~ Dole of Poli~; or Ce) r~ulting in loss or damage which ~d eot h~e ~en sugained if the in~r~ claimant had paid ~ue ~or the estate er inrm~ insured by this poli~' 4 A~y claim w~ich ari~ out of the tmnsadion ~s~ng in ~e ~ed the es~e o~ interest insured by this polio, by season nf the opmefinn nf in~l~n~, er ~milor cmdJ~ ~g~ lows. that Js ~sed Cb) ~e trunnion c~eoHng r~e emu or Jn~emsr ~nsmed by this poli~ ~lng ~enm~ a pre~rentiahmns~r except whom the pmfe~en~dl honCer resul~ from the failure~ (0 r~ timely m~o~ I~ instmmenl ~tmn~; ar (~) of ~ r~ordofian Io im~R ~o6m to a pu~cho~r for vabe or o judDment ~di~n creditor 0-8831- CONDITIONS AND STIPULATIONS 1. DEFI~ITIOIt OF TERMS. Thu [olthwing lo,ns when used ~ this policy mean: Ce) "il~s~ro~': the in,red named in Sch~ule fl. mid. subie~ te any ri~h~ or de[oese~ lhe Coropong s'~ould have hod ageing ~e named insu~, tbo~ who succee~ to the inte~esl ~f tho ~ornad ~nsmed by opmulion al law ~s di~Jnguish~ h~ gu*chose including, bat gmg~ ~o, heir, ths~thulees, ~e~es, sunavms, p~senoJ ~e~r~ente~ives, new o~ kin, or Ch) "glsured dtemon¢: o~ insured d~im{ng loss or ~mdg~ Cc) "knowledge" or "known": actual ~owJedge, nat ~mlsnuctiv~ kno~edge or nglke ~hkh may be imputed to on insured by r~n of the public sec~ds os defined in this ~licy or any oll~e~ ~ecotds v~ch impa~ const~di~ notice aC modem affecting I~ rend. Cd) 'loud": the land described o~ ~elermd ~u in ~h~ule A, and improvemmris affix~ thereto which by thw constitute J~J p~epe~. The reun 'than" dc:es ~mt inch~d~ any beyond li~e JiJ~ of ~e ama described or m~e,~ te in Schedule A, nor ~ny right, tide, wate~wayL bu~ nothiag Immin slmJl moth~ or limit the ~ent te ~fiJch n dght of access to and Dom the thud is insured by this policy. Ce) "mmtgage": mortgage, deed acting, t~u~ deed, or othe~ ~curity ingrornenl. Cf) '~pubhc ~ecmd¢: ~e~ds established under state gatutes or Date of Pog~, [ac the p~:rpase af impmling cons*ructive halite nj marlins ~eJuling lo ~nal prope~ ta pu~chasms ~nlue a~d w~thoul knowledge With rospeO to SadJon l(o)(iv) of ~e E~Jus]ons From Coverage, "public ~eco~ds' ~alJ also indude envisonment~l ploteclJon I~ens filed in the mcmds a~ the ~lerk of the Unit~ States digdct cou~t tm the dJgrid in ~kh the land (g) "unmmketobig~ o~ the I~tle": on alleged or apparent manta all, thO ~e ~fle Io the [ond, not e~duded o~ excepted frc,m co,rage, which woul~ entitle a pu~cbose~ ~ the estate or ~merest describ~ in Schedule R to be zehiased JJmn ~e obl~ation to purcha~ by :ri~ue of O cont/aduol condition mqoJriflg the dal~W of marketable lirle. CONTINUATION OE iNSU~N~ A~ER CON~YAN~ OF The coverage of this poh~ shall continue JR f(:rce as of Data aC Policy ~n thvor o~ an L~sa~ ooJ~ so long ns the insured ~etoins ~n estate o~ interest in the land, or ~ds an indeStedness ~ecroed by a p~schase money mo~rgoge given by e proclrose~ from Ihe insure, n~ only ~ ~ong os the insured ~atl ha~ liabggy by reason of cosenan~ of ~rmn~ made by ~he ~nsumd in any tronsler or con,~ynnce of ~he ~o~e m into~esL This pabst shall nor continue [n ?o~ce in canoe of any puJcbosm fiam the i~ur~ of eilhel (~) on e~ate o~ inle~est in the Jand, as (JJ) fin indehtedn~s se~ hy a purchase money mmtgoge given Io the in~ur~. 3 ~O~CE OF C~IM TO BE GWEN BY INSURED ~T. The i~red SH~II noti~ the Company promptly in writing (i) in co~ d o~y g~galJon as ~et fo~h in Sc<tiaa 4{e) be~ow, ~ii) in cese knowl~ge shall come to an i~r~ hereunder of any cth~m o~ ti~e o~ inlm~l which is adver~ ~o the lille to the e~ate ac i~te[est, ~ in~i~, and Wish m~ght ~u~ Io~ os damage [o~ which the Company may he liable by ~rtue of this polio, or (gl) if HFle to the ~reto m inlmesL na insured, is rejoined os nnmalketoble. If prompt ~,olice stroll nal be gi~n to the Company, then na to tho insu~ ail gob~li~ of the Cmnpony shal~ to,minnie with i~o~d to the mount os mounts for ~ich prompt notice is ~m~ire~; p~ovJded, however, that foiJuro Io nali~l the Compof~y shag in no case ~ejudice the r~gh~s of m~r in~r~d under Ihis p(:licy units the Company shag bo p~ejudic~ by the f~]luro and then only to the e~enr of the prejudice. 4. DEFENS~ AND PROSE~ION OF A~IONS; DU~ OF INSURED C~NT TO C~PE~TL Ca) U~0n ~i~en requeg by the insured on~ subje~ 1o the options conjoined in ~ion 6 of the~e Conditions an~ St~pu[ofions, the Compeny, al ~ own cog and ~thout umeasonable de]ay, shall pm~de ~or the de~en~ of an insuied in filigo~on in whkh any thin p~r~ ~er~ a ~oi~ ad~r~ to the tJ~e or inter~t as Jnsu~, bo~ only os to tho~ coups ~ action dlegteg o d~ed, lien or encumthance o~ athos moHe~ in~ agoJn~ by pal;ay, ~e Company ~all have the right to select counsel of irs own chaise (su~ed to the right of the ~asmed ~o objecl Car m~nable cause) to repm~nt the Jnsured as to thos~ gated opuses al gcri:,,~ and shall nor bo liaDle Jm and vv~lJ nat pay ~e fees of any orhe~ conn~h T~ Cnmro~y ~'~[I not pay any tees, cos~ o~ e~enses iucuaed by fl~e insured in the o~ ~ho~c causes nj action whic~ all~e mallets n~t insemd ageing by this poliw. (~,t The Company shall have ~e tight, at its own co~, ~ ingi~ute and pJosecute any aclioo m geo.:ending ~ ia do any othe~ act which in gs opimon may be ~ces~W ac desirable to establish the cilia ~o the estate m introns1, as insure, o~ to p~e~nt o~ ~uce ~oss or ~am~ge to the insu:ed The Cc'mpany may lake ~ny appropeqt~ anion unde~ the te~ms of al'is puhc~', w~ether o~ nas it shall bo bahia her~uedeL na~ shall not ~moby concede liobili~ ~ ~mve ony ~roa~sioo of this poJ]~. If Ihe C(:mpany <~" '~ercise it rights under thi~ ~roagmp~. i~ s~l] do su d)ligenlh/. Cc) Whenm, n~ lbo Company shotl hove hlou~hl on ndino ar inrmpas~ n defense os requited or pemitted by the provisio~ of ibis policy, the Compaq/rn~ pursue any filJgalJ(:n lo finc,I delerminolion by o court of cameleer juitsdidion and e~pressJy reserves ',he ii, hi, in ils sole dismeti(:n, ta nppaal fTam any odu(:fso iedgmnat ar (:rder, (d) In all cese~ where this policy pecmils or reqniren the Company Io prosecule or plovlde [or Ihe de[ense el any action nc proceedi~ the tesn~ed shall ~nure ~o tho Company Ihe righl to sa pcosecuto el pr~da du[o~e in the action er proceeding, and ell npp~ls Ihemin, (:nd permil the Company to (:ne, el its option, the nome of the insom, d fat it,s purpose. Wbonuvnr sequeged by the Company, tim insuced, c,t the Cnrnpeay'n expense, shell give the Company all mose(:uble (:id (il in any action er proceeding, suturing evidence, abtainlng witnesses, prosucuti~ nc defending the (:rJien m p~oc~eding, (:r effeding salllem~fi and (iD ia any ethel Iowfal ac* which in [he opinion o'~ the Company may be flecesce~ or desirable lo establish ~ lille Io the egote or iatn~eg as tesuced. If the Cmnpeny is preiudiced by Ihe I(:ilure et the innared to thmish the inquired couperotiou, the £ampen~s ab[igoli(:ns Io the insured under the policy shotl telminal(:, ianl~l~in9 any liuthli~ a obligeli(:n le deleed, prosecute, u~ conlinue any litigation, with regard ia the mnlte~ u~ mc:nam requiring such cooperat'on. $. PROOP Of LOSS 0 R O/d/~AGE. In addition to nad ohm the nntices requiled uada~ Sedioo 3 of these Cnaditians nnd filip(:lalions Nave been provided the Company, a proof of Inss or damage sigend and sv,~fa to by the igsnred claimant shall be Jumished to/he C(:mpany within 90 days o~tel ~ insured claimant she:Il ascertain the facts giving cise to the loss ac ~mage. The proof of lass or damn:ge shall describe the defect in, or lien or encumbrance c~ the lille, or orhec matt~ insured ageing by this policy which constilutos the basis of loss or damage nnd shall stale, to the extent possible, the basis of eeJculolin9 ~he amount of the loss a~ damage. If the C(:mpany is prejudiced by the failure of the insuced claimant to gru~4de the required proof nf less or damage, the Company's obligations to the inserod unde~ Ihe policy shell lerrnJnoto, including any liab~'lily or obligalion to ~efend, pc(:seeute, or confinue any liligc,lion, with mgar¢ to the mailer (:r matters requiring such prauf of loss or damage In addition, tho insured c[oimnnl may reasonably be requJ/ed to submit 1o examination under oath by any autholized r~msentetive nj the Company end shall produce enaminalinn, inspection aac~ copying, at suc~ mosonob[o limes (:nd pin:cea as may be designated by any auth(:gzed repr~nlativu of the Company, all retards, hooks, iadgem, chncks, correspondence and meeK. ronda, whether hearing n dare betme er a~er Date Polio/, rajah reasenab~ penn:in to the loss o,, damage. Frothed, if reliuesled by any aulhelized represenlntive at the Company, the tenured claimant shall grant its permis~an, in wriling, for any authorized mpr(:sentc,Dve of the Company lc: examine, inspe<t and copy all recrods, books, ledges, chis, cotmspondenne c,nd memoranda in ~ custody al c~rrol efa Ihitd pa~, which leasenobly pertain Io tie Joss of damage. All infol~tien designated es confidential by the insured claimant p~o',dded 1o Iha Company pamuant to Ibis Section shall (:(:t be disclosed to others unless, in she reeeon(:ble iudgr~t of the Company, il is nenessery in the adminishotina of the cl(:[m. Failure of lhe insuced claimant to submit car e~nrination '~j~ der oath, pinnace other reasonably mqueged info,macinn o~ grant permis~on te secure 'nanobly necessely ialormelinn froro third pad[es as lequimd in Ih[s pmngro~h shall terminate a~ iiobilgy of the Company under this policy os 1o lbo! claim. 6. OPTIONS TO PAY OR OTXERWISE SEllUE 0~,1~; IERMINATION OP LIABIUP/. In ease of a claim undm this policy, the Company ~(:11 have 15e tallowing additinnal oplioas: Ca} To Pay or Tendm Pc'yacht nftJ~e Am(:unt of insurance. 1o pay ac lend~' payment of the ameunt of insul(:nce unde~ this polky togather with any costs, altameW fees and expenses incecmd by the insuced claimant, which ~le authorized by the Compa(:y, up 1o the lime of pa~ent or lender of payment and whid~ the Company is obligaled lo pay. Upen the exercise by the Company of Ibis optlo(:, all hebifiW and nbligattoos tn the iasuled under this policy, etbec than to make the payment required, shell terminate, including any fl(:bilgy or obligation to defend, pcosecule, ac conrinne any litigatien, and the policy shall be surrendered lo the Cumpany far cancellation. (bi To Po'/ac Othe~se SeltJe Wilh Po~Jes Other than the thsuted ar With the Insured Cie:iron:at. (i) to Day or othe~se sohio with ether ~llies car ar in th. name af aa insured dnimam any claim iasored ageing undel II,is policy, together with any cosls, uttamey~' fees a~J e~ansus incunad by Ihe insured dairoanl which wore aulbolized by the Cnmpeny ap to the time af payment and w~ich ~e Company is obggatad to pay; or Cji) to p~ ar othe~se sallie wilh tho insured cJoiaronl the less or dame,lie provide~ fac u~el this pc:flay, togethm with any costs, (:tla'n~' tans and uapensoe ineg~ed by lhe insu,ed claimant w!' ' ,~ere authorized by Jhn Company up lc: the time of payment (:nd wt~ich the Company is ~, ~led to pay. SCHEDULEA Title No.: ST-S-8120 Policy No.: O-8831-388966 Date of Policy: December 15, 2006 Amount of Insurance: $500,500.00 1. Name of Insured: 2000 groadwater LLC County: Suffolk The estate or interest m the land described heroin and which is covered by this policy is: Fcc Simple 3, Title to the estate or interest in the land is vested in: 2000 Broadwater LLC, who acquired title by virtue of a deed from Howard R. Meinke, as Sole distributee and as dcvisee under the L/w£r of Howard G. Meinke, by deed dated 12/15/2006 and to be recorded in thc Suffolk County Clcrk'sfRegister's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 104.00 Block: 09.00 Lot: 0t2.000, 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company Title No: $T-S-8120 Poli~ No.: O-8831-388966 Schedule A Description ALL that certain lot, piece or parcel of land situate, lying and being at Nassau Point or Little Hog Neck in the Town of Southold, County of Suffolk and State of New York, and known and designated as Lot No. 263 on map entitled, "Amended Map A of Nassau Point owned by Nassau Point CLub Properties, [nc., situate in Town of Southo]d, Long Island, N.Y." surveyed 6/28/1922, by'Otto W. VanTuyl, C.E. and Surveyor, Greenport, N.Y. and flied in the Office of the Count), Clerk of Suffolk County, N~Y~., 8/I6/1922, File No. 156; said lot being more particalarly bounded and described as follows'! BEGINNING at a monument on the Westerly side of Broadwaters Road which marks the division line between lots 262 and 263 on said map; THENCE South 38 degrees 30 minutes 47 seconds West 47.87 t~et to a rebar which marks the Easterly end of a tie line along irregular curves; THENCE South 88 degrees 02 minutes 03 seconds West along said tie line 50.69 feet to another rebar; THENCE North 53 degrees 26 minutes 48 seconds West along the Northerly side of Crabber's Road (not open) 190.82 feet to a tie line which marks the average high water mark along Haywaters Cove 11/30/2006; THENCE North 20 degrees 37 minutes 56 seconds East, 104.47 feet along said tie line to the division line between lots 262 and 263 on said map; THENCE South 48 degrees 49 minutes 50 seconds East along said division line 261.62 feet to the West side of Broadwaters Road, the point or place of BEGINNING. TOGETHER with all right, title and interest of the par5, of the first par~, in and to the land lying in the street in front of and adjoining said premises. 12/15/2006 4:04:58 PM PAGE 0031003 Fax Server Tille No.: $T-$-8120 SCHEDULE B Policy No 0-8831.388966 EXCEPTIoNs FROM COVERAGE This policy does not insure against toss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Covenants and Restrictions se't fmlh in Liber 1786 at Page 412. 2 Easement set lbrth in Liber 1786 al Page 412. 3. RIPAR1AN EXCEPTIONS: '~ A) No lille is insured lo any land nmv under the ~;atcrs of Haywaters Cove. B) Subject to the rights of others 1o navigate the walers of Haywatt.~ Cove. C) Subject lo the rip&rlan rights of olhers to Haywaters Cove. D) Rip&rianm righls of the ox~,m c~r of the subject premises me not insulted. E) Righls oflhe govemmemal authorities to improve navigation and change bulkhead and shorelines without compensation m upland ovmers. 4. Subject to any restrictions under thc Tided Wetland AcVFreshwater Wetlands Act. 5. Survey by John C. Ehlers last dated 12/14/06 shows premises improved by a frame garage; wetlands loculed; edge of wetlands annotated from hydrognaphic map by R. Fox dated 1/4/06; asphali driveway li~ South of South line in the bcd of Crabber's Road (not open) fencing extends from garage, across Ch'abber's Road and encroaches onto premises Sonth of Crabber's RoM. 6 Policy excepts 2006/2007 Town & School Tax in the amoun! of $1332.07-OPEN 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: ST-S-8120 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY hWNIBER O-8831-388966 I. The ~bllowing is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or mateci~l fi~mished prior to the date hereof, and which has now gained or w ' may hereafter gain priority over the estate or intcresi'~l~the insured as shown in Schedule A of this policy." - hmh 2. The following is added to Paxagraph ? of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening Iiens or encumbrances, except real estate taxes, ~sessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on December 15, 2006 Stewa[l Title lnsuraoce Company Signed by: Authorized Office or Agent Stewart Title Insnrance Company 125 Baylis Road, Suite 201 Melville, New York 11747 Agent INo.: 327005 STEWART TITLE STANDA/tD NEW YORK ENDORSEMENT (9/I,93) I:OR USE WITH ALTAOWNER'S POLICY (10/17/92) Ui:,n Ihe exercise by fha Company oi eifhm of the n~ ,p~evided far m paragraphs {b) When liohililv c e extent of less m dunmge ~as bm ddhlilely hxod in ib!ii~ m iii), Ihe Company's obligations ~o tho insured undec ~his policy for the claimed loss u~ damage, other lhun ~he paymants requited rD be made, shall tmnrinnte, indudbg gay iicbiliw ac obligation to ddead, pro.ute or cmdinue any litigaHon, 7. DgE~TION, E~NT OF UAelU~ AND ~INSU~NCE. This peii~ is e con,ad of indemnity against eduaJ monelo~ Io% or dmacga m incurred by the insured daimdm who has suffered loss m damage by f~n o~ i~l~u rg~ against by ~is POliW ofld only to the e~enl hemiR (c~ [~e tiobil[~ of ~e Cmnpouy under this poli~ ~hali nat exc~ the least oh (~) the Amouqt of ln~rance sluted in Schedule A; o~, (ii) the ~J~emnce ~veen the v~luo of the Jesured e~ale or btemst os insured o~d ~e ~alue of the ~nsumd estale ~r interest sob~ so lbo def~t, lien m encumbrance {bt In ~e event the ~mo~nl nj Insmonce stated in S~hedule A or ~he Data o~ Pogw is [ess than ~O pmcenr of the vebe of the )~ur~ ~)ote o. inter~ or the full consldma~on paid [m the estal~ m interest, whither is less, m if subsequent 1o the Dole of Pofi~ an improvemenl is m~led on the lead whkh in,eases the ~tue ~ the insured a~ale m intmest by ar least 20 ~rcear ave* the Amount of Insurance s~aled in Sshedu)e ~ ~hea this PoJi~ subjed Io the lulJu~ng: fi) where na sub~uem imp~ovemeflt les b~ made, as lo any partial ~, ~he Company sholl only pay ~e loss pro mtn [n t~ pro~ion that t~ e~oum ~F insurance ~te al ?oli~ ~ to the total vebe of ~be Ju~med estole or iulere~ at Date ~ Policy, (if) w~re a subs~uenl hnpmvemeal has ~n mo~e, as to o~ partial o~, Ie (ampere/~oli ~1'~ ~y the Jo~ pm rata ~ the pro~rtion, thet 120 ~rcemt of the asumnce stolen in Schedule A bears to the sum ~[ ~ue Amount of bsurance stated Schedule A and lhe ummad expended fo~ the imnmvement ~'rb~ch 15e Company is liable undm ~is poJiW, dod shelf only app~ Io tho1 parian of any loss w~ich exceeds, in lie aggmg~le, JO p~rce~t of the Amoum of th~rance slaled in Scie~eb lC) ]Jm Company will pay only t~ (os[5, o~oma~s lees and e~enses in~,~ accorda~(~ wil~ 5~ction 4 el t~ Condilions ond ~ APFORTION~N[ ff the bad ~escdbed b S~edule A cons}sis of two m mom par(els which om nut used os ~ ~ogle s~o, ond ~ loss i~ esrablL~e~ offecliog o~ m more of the pmcels but no~ all, the I~s shelf be compu~e~ ned sealed on o pea nato be~s as if the amount of in,royce under th~5 policy e~s divided p~o mia es to the value on Dale of Policy of each se~mte pmcel to ~e w~ole, exclu~ve of any lmpro~men~ made sub,queer to Pate of Policy, uei~s a ~obili~ ml~e has othe~i~ been ogled u~n es to ~ parcel ~ the Company on~ the insured at the time al the issuance of rhis poli~ and shown by ea express s~atemant or by an endmse~nl aMoch~ lo this policy. 9. LIMRATION OF ~BI~. (al [f the Company eslabli~ the title, m ~emo~s the all,ed deled, lien m en(umbmnm el cures fha luck of a right O[~(Ce~ to OJ ~Om ~8 lend, er ~r~ ~e d8Jm of umaorketobi[;~ of ~He, oil os insured, hi o ma~nably diligent ~nner ~ any ~th~, including litigation and the compleHon of any appeals the~eDom, it shall bo~ ~liy ~orm~ ~ls obJigo~ons with ~ct to thut mane and shali not he liable fo~ any loss ar damage cous~ ~he~eby. (bt b the ~en~ of any litigation, ~uding I~tigution by t~e C~pony or ~zh lie {ornpdu~'s consonL fhe ~mgany shaft hove no Jigbili~ faf rose or damage until there les beeao fino~ detmminofion by a coud of (ompoteat juri~iction, a~d disposition of oil op~als themfiom, odver~ Io the title ns in~r~ ;.~) Thc Com~ny shali eel ~ li~bl~ let loss o~ damage to any in~r~ fm liobili~ vulnmari~f assumed by lie in~r~ in ~ing any claim m suit without the p~io~ wrifl~ cg~so~r of the Company. I0 REDUOiON OF INSU~NCE; REOUOION OR E~NAT[ON OF UABIL~. ~fl paymeats u~ef this ~licy, excepl p~meals mode fo~ costs, geared' f~s ~xpen~s, ~olI reduce the ommmt of the iesman(e pm tanro. /]. UASiLI~ NON~MU~TI~ )t is expresdy uede)stoed ~r the amount of i~sumnce under Ii,is ~licy sholi be medumd b'/a~y omounf fhe Company tony pay uede~ any poli~ insudng o me,gage to ~ich exception is laken in Schedule 8 or m whkh ~e insured has dgr~, o~med, m token subject, m which is homager execuled by on insured and which is a charge m hen on the egat~ or ~terest describ~ or ~elermd to Jn S~u~e A, and the amouflJ 5o paid ~all be deemed a ~ymenl under this poli~ to lie insured 12. PRY~NT OF LOSS. (al No poymenl shell ~ mode without producing this pol~ fm endar~menl of the payment uflJess lie policy has ~en lost m destr~ed, in which c~e proof of m~s m destruCJon se,imf be fumi~ ~o the ~tisfacmion of the Com~ny. ucsordance wMi those con,~J'~ns and Slipubtions, the loss m damune shall be poyubb ~thin 30 days thema~r. 13. SUBROGATION LrPON PAYMENT OR SBT!.B~ENT. (al The Company's Right of Subrogation. Whenavec the Company shall have sellled and paid n claim undm this policy, Ali lighl of submgagon shall VeSt in the Company ueaffeded by any act of the iosmod cbirnont. The Company shag be submgated Io and be enlitled Io all dohh and mmadies which the Insured claimant would have had ogninsl any person o~ propeny in respect to the claim had thio polic~ ual been issued. If mqee~d by the Company, lbo insured clmmanr shatl traaslec Io the Company all righls and lemediea against uny person or pmperh,, necessmy in mdec rD period this light of subrogation, The insured claimant shall permit fha Company rD sue, uomplomJse al some in ~ name of the msumd claimant and to use the,~uma of the insured claimant in any transaction m liligmion in'voh4og these righls or remedies. If e peymem on o~ueunl ate cldim does nat fully cover the loss af the insured claimant, the Company shall be eublogale~ Io these lights aim' remedies Jn the pmgadion which the Company's p~ymenl bears to the whole amount of lie loss If loss should re~ull bm any ad of the in,red cldimonr, as staled above, thor ed shall not veid this policy, but tie C~PO ny, in that ~eal, shelf be required to pay only that pet of any losses irrsumd ageing by thcs policy ~ich shall e~ceed the amounl, if any, lost to Ihe Company by mason oF the impairment by the insured claimant of the Comgany's ~igbt of subrogation. (bt T~ Company's Riglds ~loin~ No~.jflsand Obligors. ]he Company's right of su~gation against non-insured obliges shall e~dsl and shaft include, withoul limitation, fha righls of the insured to hldamnities, guaranties, ~'.~ec po/icies of iusomn(e or bonds, notwJthsi'anding any Ierms e~ conditions contained irt Ibose instmmeals whkh pr~de ~r sub~ugatJon rights by reoso,n of this policy 14. 6ReliCTION Unless plahibiled by applicable law, eithm the Company al the iesured may demand whitmtion pu~ent to the Tille Insurance Arbitration Rules el the ~e~icau A~biltnrion Association. /Voitrohle moues may include, hal are not limited to, any controversy m claim bel'.veeu the Company and Ihe iesumd arising out of m robtbg to this policy, ouy service n~ the Company in conneegan with ils Jrsuooce or tile bmaeb of a policy provisio.n of ail'er obligation. All mbilroble molters, when the Amount of Insulate ia $1,0~0,000 er less shall be a~bitcored at tie option of either the Company er lhe insemd. All arbitrable matters when fie Amount of Insulate is Jn excess of $1,0~0,00~ stall be arbitrated only when agreed Io by both the Company and ~ insured. A~rel~on pursuant te this policy and under Ihe Rules in erred on the date the demand for osbil~ation is made ac, al the option of the insured, the Rules in dta~t al Dote of Policy shall be binding upon the parges. 1he a,.~d may include arlmneys' fees only iJ tho le~ of lie stei'e in whish the land is located permit o cou~t lo owed atrmneys' fees ~oo ple~ailieg pony. Judgment upon the award rendered by the ~bitlalm(s) may be entnld in any cou~t loving jucisdJdion thmeof The law of tbe situs of the load s~ll apply to an ad~lTa~on uudm Sba Title lesurance A,'bitrarion gules. A copy of tie Rules may be obtained ham the Compauy ugan mquesL 15. L~lLmr U~II[D TO 1111S POUQ'; POUCY ENTIRE CONIEAQ'. (al This policy together with ag ex]orsumenl~, if any, aftadled hereto by the C~pany is the entice policy and uontrost between the insured and tie Company. In interpreting any provision of this policy, this policy shall he uanstrued os a whole. (bt Any claim alines or damage, wbethm or not based on nenligence, odd which arises Dui of the s~utus of t~e title to the estate os interest ~ered hereby or by ney adion ossmtJng such claim, s~l be resMcted to this policy. (ct Ho amaudmenl al m endorsement to this policy cae be made except by a ~v~ifing endorsed leman or alluched hereto signed by either Ihe Pres~denL u Vice PresideaD the Se(mtacy, an L~sistant SecielaP/, or validating officer m euthorJz~ signalo~/of the Company. 16 SEVE~ABILIff. In the event nay provision of the ~icy is held invalid ar ononfmcoable undm opplkable Iow, the policy shall be de,ed nol lo include that pleuJsJea u~ all ofhe~ provisions shall ~emnin in fulllmce and uffad. 17. HOTICES, WltERE /~1 notices required Io be given lhe Company and any stotemeal in ~wifian required to be furnished the Company shall include lie number at this policy and shall he addressed to the Company at 300 East 42nd Sheeh New York, New Ymk 10017. STEWART TITLE® STEWART TITLE® POLICY OF TITLE INSURANCE STEt'ART TITLE® 300 East 42nd Street New York, New York 113017 STEWART TITLE~ POI~ICY OF INSURANCE STEWART TITLE® 300 East 42nd Street NewY New York 10017 ST E~'ART TITLE® pOLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42r~d Street New York 10017 Stand~rd N.Y.B T.U. Form 8OO2-eargain and Sale Deed with Covenants against Gtanlor's Act~Uniforrn A~knowledgrrmn! Form 3~J0 CONSULT YOUR LAW~t'ER BEFORE SIGNING THIS INSTRUMENt-THIS INSTROMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the -2-Asr day of ~,~m~r,~ BETWEEN HOWARD R. MEINKE, as sole distributee and as devisee under the Last will and Testament of Howard G. Meinke, deceased, residing at 2130 Broadwaters Road, P.O. Box 78, C~tchogue, New York 11935 pa~ ~ thefimt~d, and --~ 100 BROADWATERS LLC, a limited liability company, th offices at 128 Marine Avenue, Suite iL, !ooklyn, New York 11209 of the second pad, ~ IESSETH, that the ~ of the fimt peA, in ~nsidemtion of ~n dollars and other valuabm ~nsidereaon mid ~/3'i by the pa~ of the second mA, does hereby grant and mlea~ unto the m~'y of the second pad, the heim Jcces~re and a~igns of the m~ of the se~nd mA f~ever, ~ that certain plot, pZ, Ce or pardi of land, with the buildi~s ~d impmvemen~ thereon ere~ed, ~tua~, i~and~ingat Nassau Point or Little ~o~ Neck in the Town of Southold, mty of Suffolk and State of New York, and known and designated as No. 263 on map entitled "Amended Map A of Nassau Point owned by Nassau Point Club Properties, Inc., situate in the Town of Southold, Long Island, N.Y." surveyed June 28, 1922 by Otto W. VanT~yl, C.E. and Surveyor, Greenport, N.Y. and filed in the Office of the County Clerk of Suffolk County, N.Y., Augnst 16, 1922, file No. 156. BEING and intended to be the same premises conveyed to Howard G. Meinke who died September 2, 1981, and Martha Meinke who died July 16, 1964, by deed dated May 25, 1946 and recorded May 27, 1946, in Libor 2569, page 310 at the Suffolk County Clerk's office. SCTM: 1000-104.00-09.00-012.000 TOGE~ER ~th all ~ht, title and inmmst d the pa~ of the flint pad in and to any s~e~ a~ r~s abusing ~e a~ve deeded promises to the ~nter lines ~ereof, TOGETHER wi~ ~e appu~en~ and all ~e es~te and - dghts of ~e pa~ of ~e first pa~ in and to ~id premises. TO ~VE ~D TO HOLD the pmm[~ heroin gmn~ unto ~e pa~ of ~e second ~, ~e heirs or su~ssom and assigns of ~e ~ of ~e ~d pa~ forever. AND the party of the first part convents 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 wil~ hold the dght to receive such consideration as a trust fund to be applied 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 nay part of the total of the same for any other purpose. Vne word "party" shatl be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the part of the first part has duty executed this deed the day and year first above written. IN PRESENCE OF Stewart Title Insurance Company Title No: ST-S-8120 Schedule A Description (AMENDED 12/11/06) ALL that certain lot, piece or parcel of land situate, lying and being at Nassau Point or Little Hog Neck in the Town of Southold, County of Suffolk and State of New York, and known and designated as Lot No. 263 on map entitled, "Amended Map A of Nassau Point owned by " ed Nassau Point Club Prope~es, Inc., situateinTownofSunthold, LongIstand, N.Y- survey 6/28/1922, by Otto W. VanTuyl, C.E. and Surveyor, Greenport, N.Y. and filed ia the Office of the County Clerk of Suffolk County, N.Y., 8/16/1922, File No. 156; said lot being more particularly bounded and described as fo}lows: BEGINNING at a monument on the Westerly side of Broadwaters Road wlfich marks the division line between Iota 262 and 263 on said map; THENCE South 38 degrees 30 minutes 47 seconds West 47.87 feet to a rcbar which marks the Easterly end of a tie line along irregular curves; THENCE South 88 degrees 02 minutes 03 seconds West along said tie linc 50.69 feet to another rebar;, THENCE North 53 degrees 26 minutes 48 seconds West along the Northerly side of Crabber's Road (not open) 190.82 feet to a tie line which marks the average high water mark along Haywatera Cove 11/30/2006; THENCE North 20 degrees 37 minutes 56 seconds East, 104.47 feet along said tie line to the division line between Iota 262 and 263 on said map; THENCE South 4g degrees 49 minutes 50 seconds East along said division Line 261.62 feet to the West side of Broadwaters Road, the point or place of BEGE~qlNG. TOGETHER with al!. right, title and interest of the party of the first part, in and to the land 134ng in the street in front of and adjoining said premises. TO BE USED ONLY WHEN THE ACK,NOWLEDGMENT IS MADE IN NEVi YORK STATI' State of New York, County of Suf folk ss: State of New York, County of ss: On the 21 Stday of November oefore me the undersigned personally appeared How~ R. MEINKE personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subs~bed to the within instrument and acknowledged to me that he executed the same in his cepadty, and that by his signature on the instrument, the individual o~ the person upon behalf of which the individual acted, execuled the instrument. is~nature and off-me of individual taking the acknowlcdgment) ANTHONY El. TOH[LL NOTARY PUBLIC, State of New York No, 02TO9350510 Oualifiecl in Suffolk County Commission Expires Sept, 30 ~t3/r~ ~n theyear 2006Onthe dayof in theyaar before me, the undersigned personally appeared personally known to me or proved to me o~ the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me If,at she execuled the same in her capacity, and that by her signature on the instrument, the indMdual or the person upo~ behalf of which the individual acted, executed the instrument. (signature and ~3ff-~ca of individual taking the acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDq;MENTS I$ MADE OUTSIDE NEVV YORK STATF State (or District of Columbia, Territory, or Foreign Count~) of On the day of in the year before me, the undersigned, personally appear~ personally known to me or proved to me on the basis of satisfactory evidence to be the indMdual(s) whose name(s) is (a~ subscribed lo the w~thin instrument and acknowledged to me that he/she/they executed the same in his/her/th, capacity(les), and that by his/her/their signature(s) on the inslrument, the individual(s), or the person upon behalf of whi the individual(s) acted, executed the instrument, and that such indivlduaf made such appearance before the unders~Jned the (insert the City or other I:K~itical subdivision) (and insert the State or Country or other plac~e the ~,ckn~wledgment was taken) BARGAIN AND SALE DEED WiTH COVENANTS AGAINST GRANTOR'S ACTS HOWARD R. MEINKE TO 2000 BROiLDWATERS LLC SAFE HARBOR TITLE AGENCY 1529 Main Street Po~t Jefferson, NY 11777 (signature and office of IndMdual taking a~nowtedgmer~D SECTION {b~7/" 6'O BLOCK O ~' o 0 LOT ~/&.c~OO COUNTY OR TOWN STREET ADDRESS RETURN BY MAIL TO: Cccr~ia A. Y~ismen~k~s,--Esq. 208E East 19th Street B~-cck!~., Nc".' York 11223- WU,IA,lAM WICKHAM (06-02) ERIC J. BRESSI,ER ABIGAII, A. WICKItAM I,YNNE M. GORI)ON JANEF GEASA LAW OFFICISS WICKHAM. WICKHAM & BRESSLER, P.C. 10315 MAIN ROAI). P,O. BOX 1424 MAI III UCK. LONG ISLAND NEW YOP, K 11952 631-298-8353 [ I;I,IJ:AX NO. 631-298-8565 December 17, 2008 MEI,VII,I,E OFFICE 275 BROAD }IOI,I,OW RD SUITE 111 MEI,VILLE, N.Y. 11747 Town of Southold Zoning Board of Appeals Post Office Box 1179 Southold, New York 11971 Re~ Case No. 6186 Property owned by 2000 Broadwaters, LLC Premise: 2000 Broadwaters Road, Cutchogue, New York 11935 Ladies/Gentlemen: I have been asked by the applicant to address the position of the Mikulas' that the parcel for which the variance is requested (Lot 263) has merged with the parcel to the North of Crabbers Road (Lot 264). Based upon a review of the single and separate search and the Town Code, it is my opinion that the parcels have not merged. I understand that the Town Attorney's Office has also given you this advice. The chain of title furnished by the Mikulas' is difficult to read because it does not clearly identify which parcel is which. However, what is clear is the following: 1. Lot 263 and Lot 264 are both shown on the Amended Map A of Nassau Point, a filed map. 2 Crabbers Road is a street shown on the filed map, and separates Lots 263 and 264. A copy of the pertinent part of the filed map is enclosed. By virtue of Crabbers Road, the two lots are separated and do not merge. The 15 loot easement referred to by the Mikulas' is not Crabbers Road. It is a 15 foot easement around the entirety of the high water line of Nassau Point, created so that the residents could walk the beaches. Crabbers Road is not an easement that was owned by the Meinekes. It is a road which is presumably owned by the Nassau Point Property Owner's Association. The Meinekes, as well as other owners on Nassau Point, have an easement over it. This is what separates Lots 263 and 264. The garage on Lot 263 was pre-existing, built prior to the Zoning Code, and therefore it's existence does not create any inference that the two lots were merged into one. Town of Southold Zoning Board of Appeals -2- December 17, 2008 If you require any further information, please feel free to inquire. 30 sheba2000 ('c' (Tarrett Strong 2000 Broadwaters, LL(' K~eran ('orcoran, .4ssistant Town ~,lttorne), Very,~j,~ yours, Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 / BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 TO: Date: / FACSIMILE TRANSMITTAL SHEET Fax# ~ TOTAL NO. OF PAGES INCLUDING COVER. g.4 SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: Garrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 October 29, 2008 Mr Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Proposed New Residence for 2,000 Broadwaters, LLC. 2,000 Broadwaters Road, Cutchogue, NY SCTM #1000-104-9-12 Appeal # 6186 l)ear Mr. Geohringer and Members of the Board: have reviewed a copy of the correspondence forwarded to the Board by Mr. & Mrs. Roeper and would like to submit the following in response. Item # 1: Severalinaccuracies have been represented here. The home as proposed is not in excess of 5,000 square feet as stated. When asked by a member of the Board at the initial hearing, I gave a quick rough estimate as to the liveable area of each level of the home. The application as presented is for a 2-1/2 story home based on the fact that the slope of the land makes for the westerly side of the basement at grade while the easterly side of the basement is mostly below grade. By building code definition, the basement area has to be defined as a story. Basically the home as proposed is a 1-1/2 story "L" shaped cape style home having dormers in the roof and a walk out basement which is very typical, as well as in keeping, with the surrounding area. The basement is not 9' in height as stated but the standard 8' in height. In addition, I never claimed that the basement would be "used for housing 'only mechanical' elements" and the record should clearly show I indicated that as a walk out basement, pm1 of it could be finished as liveable space with part of it used for mechanical equipment, utilities and storage space. Once again this is typical of many homes on Nassau Point due to the lay of the land. Mr. Gerard Geohringer, Chairperson Page Two October 29, 2008 If, as stated, the home were to be built in full compliance with the "second front yard" setback from the paper road know as Crabbers Road, it could still be the same size in area as that presented in our application. In my opinion however, from an aesthetic and proportion perspective, it would be considerably less attractive having a relatively narrow and tall configuration. Items # 2 & 3: The positions raised here are strictly environmental. As such, we have akeady completed the review process wkh the Southold Town trustees. They have made an on-site assessment, addressed all envkonmental concerns and have required modifications from our original proposal including a 50' non disturbance buffer landward of the edge of wetlands. A Trustees permit has been granted for the Ske Plan you presently have before you. Item # 4: Many of the points raised here besides being speculative, inaccurate and inflammatory are, in my opinion, not relative to this application for the "second front yard" setback variance applied for. Accordingly, I will not offer any comment and respectfully ask that the Board disregard them. I wish to thank the Board for their consideration of the above and trust they will find that our application for the reduced front yard set back from the "paper road" one which will provide for a much better design than strict application of the code would allow. Very truly yours, Garrett A. Strang, Architect Garrett A. Strang Architect May 19, 2008 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Somhold, NY 11971 Rez Proposed New Residence for 2,000 Broadwaters, LLC. 2,000 Broadwaters Road, Cutchogue, NY SCTM #1000-104-9-12 Dear Mr. Geohringer and Members of the Board: Enclosed are original and seven (7) copies of all required elements in connection with the above referenced matter, together with required fee and one copy of an affidavit of service on the Building Department. The applicant seeks relief from the required 35' from yard with the proposed setback to be 14'. Please note that this is a second front yard on an unopened road and all other zoning requirements have been met. We respectfully request the Board's consideration for approval of this reduced setback, inasmuch as there presently exists a 13' front yard established by the existing garage which this residence is going to replace. If after reviewing the application, you have any questions please do not hesitate to contact me at the office~ Thank you for your courtesy and cooperation in this matter. Very truly yours, Garrett A. Strang, R.A. Architect Encs. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY ! 1971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 3,2009 2000 Broadwaters LLC 128 Marine Avenue Brooklyn, NY 11209 Garrett A. Strang, R.A. 1230 Traveler Street P.O. Box 1412 Southold, NY 11971 Re: ZBA # 6186 - Request for Variances Gentlemen: Please find enclosed a copy of the Findings, Deliberations and Decision rendered by the Zoning Board of Appeals at its January 22, 2009 meeting regarding the above application for your permanent records. Before commencing construction activities, other agency approval(s) would be necessary. Please contact the Building Department (765-1802) regarding the next step in the application process. Thank you. Very truly yours, Encl. Copy of Decision to: Building Department Linda Kowalski Office Location: Town Annex ~irst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 3, 2009 Richard and Robyn Mikulas 1900 Broadwaters Road Cutchogue, NY 11935 Re: ZBA# 6186 - 2000 Broadwaters LLC Application Dear Mr. and Mrs. Mikulas: Please find enclosed a copy o£ the Findings, Deliberations and Decision rendered by the Zoning Board of Appeals at its January 22, 2009 meeting as an update to your recent correspondence. Thank you. Very truly yours, Linda Kowalskl arrett A. Strang chitect January 8, 2009 ! Mr Gerard Geohringer, ChairperSon. Southold Town Zomng Board of Appg. als Main Road, Southold, NY 11971 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 Re~ Proposed New Residence for 2,000 Broadwaters, LLC. 2,000 Broadwaters Road, Cutchogue, NY SCTM #1000-104-9-12 Appeal # 6186 Dear Mr. Geohringer and Members of the Board: As you are aware, the Roeper's faxed a letter to the Board at 10:39 this morning. A copy of this letter was presented to me only moments prior to the continuance of the hearing on our application allowing me no time to review it and prepare a proper response. This appears to me to be an attempt by them to circumvent the normal procedure of the appeals process. Given the fact that we were required to submit amendments to the Site Plan, which were requested by the Board at the October 30th hearing, a considerable period of time prior to this continuance, it is my opinion that the Roeper's letter should be stricken from the record. The Roeper's had more than ample time to submit their ideas prior to the today which would have allowed us an opportunity to comment. Failing the disqualification of their submittal, I respectfully request the Board allow me the opportunity to submit the following comments inasmuch as I was only able to review their letter in detail upon returning to my office after the conclusion of the hearing. In response to their iidfial ~mmnary statement, at the request of the Board, we have reduced t~e width, of the house and deck to 54 feet (not 56') and moved it further away from the Mikulas' property as well as enhanced the property line screen planting to help mitigate their concerns. In addition, if the Roeper's had taken the time to review the file they would have found the diagrammatic elevation drawings indicating not only the basic conceptual style of the house but also the heights and relationship to the lay of the land. Granted, the proposed home will sit closer to the road than some of the neighboring homes however this is part of the hardship of this particular lot. Specifically, this lot is not only the smallest in lot area but also lot depth than any of the surrounding lots in the immediate area. This is compounded by the fact it is a waterfront lot with a considerable encroachment of wetlands and required environmental buffer. As stated in our application and during the hearings, we are in compliance with all of the zoning requirements except the second front yard setback from Crabbers Road, which is an unopened paper road shown on the original subdivision map. Furthermore, as previously stated in my original presentation, any environmental issues have been thoroughly addressed and resolved during the Trustees review and a permit (#6916) has been granted. Mr. Gerard Geohringer, Chairperson Page Two January 8, 2009 JAN 12 With regard to their statements about the widths of neighboring houses I submit that the residence immediately adjacent to the Roeper's (1000-104-9-9) is 60 feet wide. Furthermore, the Roeper's own property is approximately 90' wide at the front yard setback line which would allow them, or a future owner, to modify or build a new home 55' wide and be totally code compliant as to side yard setbacks. In addition, two lots south of the subject parcel (1000-104-9-14) is a 60' wide lot and is improved with an attractive home having 5' and 9' side yard setbacks. I don't agree with their dictating what the width of our proposed home should be based on the above. I find the second part of their suggestion ludicrous and without merit as my client has no claims to Crabbers Road and this proposal would require, to the best of my recollection, that unprecedented relief be granted by the Board. In conclusion, I herewith request that the Board consider the amended Site Plan presently before you as the alternative relief which, as previously stated, was prepared in accordance with per your request of October 30, 2008. Thank you for your consideration in this matter. Very truly yours, Garrett A. Strang, Architect CC: 2000 Broadwaters, LLC APPEALS BOARD MEMBERS 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 SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO TO: FROM: DATE: SUBJECT: Kieran Corcoran, Assistant Town Attorney Jerry Goehringer, ZBA Chairman November 10, 2008 ZBA File #6186:2000 Broadwaters LLC The Board of Appeals is requesting your review of a claim submitted from a nearby landowner, stating that the house lot is merged with the applicant's vacant lot, since the lots were separated only by an easement and the applicant owns both adjacent lots. We attach duplicates of the applicant's surveys, county tax map, legal notice, and claim submitted by Mr. and Mrs. Mikulas with attachments are included. The hearing was adjourned to allow time for review of the above, and before the architect for the applicant prepares detailed drawings of construction that were also requested by the Board for submission by December 31, 2008 (for the January 8, 2009 public hearing). Thank you. Encls. TOWN ~)F SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoulholdTown.NorthFork. net Examined ,20.__ Approved ,20 Expiration 20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on preinises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pan for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the conslamctiun of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations; and to admit~ authorized inspectors on premises and in building for necessary inspections. / (Signature of applicant or name, if a corporation) (Mailing address of applicant)/ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 4~-~q.., 7-- - Name of owner of premises '~ ~ ,,'~-~-~a p ~-~r T'-Z~--,- 5 ~(_.. ~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trades License No. it (/ 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section (d ~ Block Subdivision /'4-~t, ap ///4/o J<l ',~' ,~ Filed Mag 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ,~c¢ ~r~'~'~'~P' ~'~,,~--~ ~ ~' - ~',~- b. Intended use and occupancy ~/,-t~ ~' & ¢2 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost "~,~-O.~ ~ Fee / Addition Other Work 5. If dwelling, number ofdwalling units If garage, number of cars Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, conunercial or mixed occupancy, specify nature and extent of each type of use. " 7. Dimensions of existing structures, if any: Front g. 7_ ~7/ ~ ~ Rear ~. ~ Depth Height t' - 5 7-~? ~d' Number of Stories ~ Dimensions of same structure with alterations or addifions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front ~,~,~' ~ ~-- ' Rear '~ Depth "? Height :B .~ Number of Stories '2~. 9. Size oflot: Front ~3.~ 2-~t~ Rear [d,~z, Depth 10. Date of Purchase ~ 2'~ ~ Name of Former Owner /¢'7t~-~ 11. Zone or use district in which premises are situated ~ ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES /N° 13. Will lot be re-graded? YES t//NO__Will excess fill be removed from premises? YES v/NO 14. Names of Owner of premises /. t. ¢-- Address /'.g~,-ctcc~./o ~ ~ Phone No. q/~"- '~'~'/' Name of Architect '~7~,-z-J ~, ~'. Address' ~,,o'r~/~ a Name 0fContmctor /~ 7~ .5'£c ?~4-~, Address PhoneNo. / 15 a. Is this property ~vithin 100 feet of a tidal wetland or a freshwater wetland? *YES v/NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS/MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES k' NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) , s: · .,4/¢,~'2r~--~'- ,/~. ~'7';,zc¢.x.,' - . being duly sworn, is the applicant (Nam~e/of indivi~al signing contract) a~bove named, deposes and says that (s)he (S)He is the ~ ~" t~., 7--- ,,~,'t:,~O,' ,' 7- ~' ~'~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application: that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this, / Signature of Applicant QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? 1~ Yes ~No B. Are there any proposals to change or alter land contours? ~No [2 Yes, please explain on attached sheet 1) Are there areas that contain sand or wetland grasses? )/~ 2) Are these areas shown on the map submitted with this application? I/~ $ 3) ls the property bulkl~aded between the wetlands area and the upland building area9 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~t o ~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? ,~/~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~ If yes, please label the proximity of your lands on yonr map with this application. / H. Please list present use or operations conducted at this parcel KC& .,,r.'F' and proposed use ,.~9~'6't;~- ~,~ t r~ ,~:~/~-~t~ (examples: existing: single-family; proposed: same with garage or pool, or other desc~ption.) . uthonzed Signature and Date ~- 2~05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (1:OI{ SI IBMISSI()N 14Y ¢)WNI,:R and OWNEICS A(3I,;NT) The Town of Sontbold's Code of Etbics prohibits conflicts of interest on tile part of Town oflicc~s and employees. The purpose of this form is to provide information, which can alert the Town o[' possible conflicts of interest and allm~ it to takc whatever action is necessary to avoid samc (Last name. first name, middle initial, unless you are applying m the name NATURE OF APPLICATION: I('hcck all thai appl',. Special Exception I f"Othcr", Appmx al of l'lat l.,xempti~m fi-om Plal Official Map Do ?,ou personall5. (or throngb hour company, spouse, sibling, parent, or child) have a relationship with an?,' officer or employcc of tile Town of Southold? "Rclationslfip" includes b3 blood. marriage, or business interest "Busincss interest" moans a bnsincss, including a partnership, il~ Mficb thc Town officer or employcc has cvcn a pa~ial owncrsbip of (or employmenl bx) a corporation in which thc Tmxn officcr or employee owns more than 5% of thc shares YES NO ~ Complete thc balance of Ihis Ibnn and date and sign bclow where indicated. Name of person employed by thc Tmon of Somhold: Fillc or position of that person: Describe that relationship between 5oursclf (tile applicant) and tile Town officer or employee Eitl~cr check tile appropriate line A through D (below) and/or describe tile relationship in the spac~ provided The Town officer or cmploycc or his or her spouse, sibling, parent, or clfild is (check all Ihal apply): A) the m~ner of grcatcr tlian 5% of the shares of the corporate stock of thc applicant (xx bcn thc applicant is a corporation); B) tile legal or beneficial olx ncr of all?,' interest in a non-corporate cntity (when thc applicant is not a corporation); C) an officer, director, parmer, or employee of the applicant; or D) tile actual applicam DESCRIPTION OF RELATIONSI III) Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only -~ART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) SEQR 3 PROJECT LOCATION: 9 WHAT IS PRESENT ~ND USE IN VICINI~ OF PR~E~? Rasidenllll ~ ]nOustrle~ ~ ~mmarclal ~ Agdcullure ~ Psr~F~esUOpen s~acl ~ Othe: DOES ACT]ON INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY !FEDERAI~ STATE OR LODAL~? 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM,/APPROVAL REQUIRE MODiFICATiON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE I$ TRUE TO THE BE*~T OF MY ~OWL~GE If the action is tn the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER Town of Southold .LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant .beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and con~litions contained in the consistency review law. Thus~ each answer must be explained in detail, listin~ both sul~oortine and non ~. If an action cannot be certified as consistent with the LWRP policy standards mad conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#,, / o +- o -. / Z- The Application has been submitted to (check appropriate response): To,vnBoard [] Planning Board [--~ Building Dept. [--] BoardofTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage:.. Present land use: Present zoning classification: · If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( (d) Application number, if any: Will the actio~ectly undertaken, require funding, or approval by a state or federal agency? Yes [--] No ~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or oot support the policies. Provide ali proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes [~ No [] Not Applicable A':tach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Polie~s Pages 3 through 6 for evaluation criteria ~-~ Yes ~-] No~'/l'l Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~JYes [] No ~ Not Applicable A~ach additional sheets ifnecessa~ NATURAL COAST POLICIES Policy 4. Se~ III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] No [--] Not Applicable Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - ~s Pages 16 through 21 for evaluation criteria Yes [] No [-~ Not Applicable Anach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 throu~2 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~Yes ~ No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section/II - Policies; Pages 38 through 46 for evaluation criteria. ~Not [] Yes~ No Applicable At~ach additional sheets if necessary WORKING COAST P~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [--~Not Applicab.[e Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ,~ Yes [] No [---~Not A_.pplicable "fi-r--' b"Sc .c.,Icc Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~'~ No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP S~slII - Policies; Pages 65 through 68 for evaluation criteria. R No ~--] Not Applicable LETTER OF AUTHORIZATION RE: Premises, Cutchogue, NY SCTM #1000-I04-9-12 I, SPIRO GEROULANOS, PRESIDENT OF 2000 BROADWATERS LLC, HEREBY AUTHORIZE GARKETT A. STRANG, ARCHITECT TO ACT ON MY BEHALF WHEN MAKING APPLICATION TO THE UNITED STATES OF AMERICA, STATE OF NEW YORK, SUFFOLK COUNTY; TOWN OF SOUTHOLD OR ANY OTHER GOVERNMENTAL AGENCY IN CONNECTION WITH THE ABOVE REFERENCED PROJECT. 2000 BROADWATERS, LLC. Sworn to before me this / Day of H ~h~'~ ,2008 NING BOARD OF APPEALS AFFIDAVIT Re: : Premises, 2000 Broadwaters Road, Cutchogue, NY SCTM//1000-104-9-12 TO WHOM IT MAY CONCERN: A copy of Variance Application has been served on the Southold Building Department on May 29, 2008. Dated: May 29, 2008 GARRETT A. STRANG ARCHITECT/AGENT O.~ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUI¢ UPDATE [] PLI~ASECOMMENT [] AS REQUESTED [] HOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: OFFICE LOCATION: Town Hall Annex ~'54375 State Routed -..~~~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 MEMORANDUM To: Gerard Goehringer, Chair Members of the Zoning Board of Appeal2 From: Mark Terry, Principal Planner X~x~,k~ LWRP Coordinator" AUG 2 0 2OO8 BOARD OF APPEAL! Date: August 20, 2008 Coastal Consistency Review for ZBA#6186 (Broadwater LLC) SCTM# 104.-9-12 The proposed action which 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 detern~ination that the proposed action is EXEMPT from LWRP review pursuant to: 268-3. Definitions .item F which states: 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 CELIA; [Amended 6-6-2006 by L.L. No. 7-2006] and Chapter ~ 280-]16. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-]5-1993 by L.L. No. 8-1993] C All buildings and structure*' located on lots adjacent to any.freshwater body shall be set back not less than 75feet from the edge of such water body or not less than 75feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (]) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 275, Wetlands and Shoreline, of the Code of the Town of Southold. As indicated above, the proposed action is not located within the jurisdiction of the Board as it applies to a regulated natural feature. Cc: Kieran Corcoran, Assistant Town Attorney JAr~. TO: 8.o2009,, 10:39AM / FAX COVER SHEET Gerard P. Goehr~ger, Ch~/rperson Zo.i.~ Board of.Appeals NO. 8184 P. 1 FROM: RE: DATE: Attached is a letter addressing our concerns regarding a variance approval request for the above referenced property. The variance is to be revisited at your hearing today. We have attended the previous hearings on this matter and unfortunately, will probably not be able to attend today but wanted to express in writing, our latest thoughts on this matter. · .JAN. 8, 2009 10:39AM NO. 8184 P. 2 Daniel and Wendy Roeper 1800 Broadwaters Rd. Cutehogue~ NY 11975 Town of Southold Mr. C~rard P. Goehring~r, Chakp~rson Zoning Board of Apl~als Town Hall Annex Bldg. 54375 Route 25 ?.O. Box 1179 gou~hold, NY 11971 RE: File # 104912 (2000 Broadwa~ers Rd., Cutcho~ue, NY) ~'anuary 7, 2009 We hed anticipated attending the meeting tomorrow and due to a la~k of a caregiver for our children after school we will b~ unable to att-end so we are asking Mr. Richard Mikulas to read this into the record on out behalf, At this time, we ar~ unawar~ of thc ruling ~ Southold Town Council has made regarding whether or not the above address has been merged into the adjoining property owned by Mr. Oeroulanos. Should ~e ruling have determined that the properties am essentially merged, than the recommendations below are moot Environmentally, this would be a win for everyone However, should the Town rule thai the two properties are in fact separate and distinct and considered so because of the right of way, we would like you to consider the following in the spirit of oompromise. To summarize the request to date, Mr. Oeroulanos, via a corporate enfi~, is seeking a 21 foot variance to euns~ruct a 56 wide house and a 16 R deep x 56 i't wide deck. Several neighbors, namely the Milolas and Roeper families have continuously opposed the size; the Mikulas family due to the proximity to their property nd the sire of the strum relative to neighboring homes and the Roeper family for the impact that the size of the house will have on neighbors from an environmental and aesthetic standpoint. No real plmas as to style, buildingS; height etc.., have been provided and the lot is small and narrow rela~ve to neighboring homes. The home will also sit closer to the road than any oth~r house in at least a 5 home radius. What we would like to propose is that no more than 10.5 foot variance be gamed, or to be put a different way, the house size should be capped at 45.5 feet in width. This request would be, obviously, the halfway point between tho parties and at 45.5 lT wide, the stroet~re would be more in line with widths of neighboring houses and better suited to the property size. For us, any re~luction is size From the amount being sought is a win for the environmental concerns we have. The second part of our suggestion may seem unusual but I think, it is the best alternative to creating a total compromise and, while maybe making no one completely happy, should help to at least be fair to all parties. We ask that you allow for coasmaetiou of the West side of the house ,JAB,,8,2009 10:39AM NO, 8184 to ~t I 0.S fe~t closer to the Right of Way than is currently being sought, that is, ach~ly granting a 31.5 foot variance with tho understanding that there be a pearnanent cap on the house width at 45.5 feet. The ce~son for this request is simple. The property owners at 2200 Broadwaters, currently the G~roul~os family, already enjoy a 15 foot "buffer" fio~ this propoxty via the Right of Way, plus thom would be an aLlditional 3.5 plus feet on thc 2000 Broadwaters property before the new house begins for a l~tal o~'a mini~urn of 18.5 3. ~om the 2000 Broadwaters propcr~ liue. By granting ix)th the first end th~ second part of our request, the house will now end 20.5 feet fi'om 1900 Broadwat¢~, currently owned by the M~]culas family. The two reque$~ together should mitigate some of the IWLikulas' concarnl; about the OVOrwhelmln g Siz~ Of the 8tl'ucttlre end its proximity to their home. The Gc~oulenus ~mily gets a house widc~ than t~ a~e entitled to without zorfing appe.~l approval; Mr. Oeroulanos, in the la~ mee~g, seemed to forgot that this variatle~, in eny amount, is a privilege and not a fight_ The G~'oulano$ family gets the added benefit that their family membe~ coot~pying the planned compound will be closer for thelll to en~oy, but not too olo$~ that when one of the houses eve~tuany g¢'~ sold it will be too close to eff¢et r~ale value. In fact the hous~ will be better balenced in what is perceived as open spaee betwe~t neighbors. In sitting in on the past seres-al meetings, a term w~S thrown out that allows for such give end lake arrangements for variances like this to be granted but it can't be recalled at the present time. Whatever the term, it appea~s tha this is the type of give and take that can allow for a fair compromise betwee~ an parties (except maybe the wildlife in and around the property) and allow the Town and the all concerned parties to finally put this issue to rest. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is ~rincipal 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 ~ 8th day of December, 2008. -- Principal Clerk '~ Cday of_ Sworn to before me this -~'~ '_2008. NOTARY PUBLIC-ifA'fi OF NEW YORK NO, 01,VO6105050 ~u~iiii~ m '~'olk County ~,4y Comm~.l~n ti~qltl~ ~,J~lary 28, 2012 or s:Nottce of tkail: stitutes -it contakns less than 850 square ]~fVaing area. L~eation of Property: 9525 in Road, Mattituck; CTM 1000-122: 5-i3. 0 become m0re~c6nfo~ming. I. 2~8 N0ti~e 'proposed deck, Long hl~dSo~ad and~o( than the cOde-x~quired ~ exceeding the c~de li~iafion of 20% on ~d :i~ cove~g~ exceeding the ~d~ ' fe~, at i~90 ~ st}~a, East 28¢124, b~ed on. t~e Build ng lnspec- 2008 Notice oCDisapproval conce~g tor's AugUst 25, 2008 Notice bf Disap: ; fi propOsed'dwelling S~nmmg pool, proval concern~g an as-built outd60r tregis; and acce~s0w g~age. ~e rea- shower addition to d~e single-fmily ' sons stat~d for disapproving the b~g dwell~g which is less ~ 10 feet On a pemfit application are' 1 t , slngle.sid5 yard, less t~nt5 fe~t ;n'the - lb~fidofis~ ~e ~ellis ;J ~ 25 feet for a tota of bot ' se, an¢ accessow smmm ng pool, are h side yards, at not permitted at less than 100 fee : office carried-on h~ ;;h~ ma n building, : hour~ '~e proppsed chanae in us~ from 0~ rn o,~ ybu Sworn to before me this Karen Kine of Mattituck, in said county, being duly sworn, says that she is ~rincipal 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 18th dayof December 2008. -- Principal Clerk 1 dayof__ .2008. NOTARY PUBLIC,STATE OF NEW YORK No, 01.VO6105060 ~uuii.q~o ~ Su~tolk County My Comm~=~=n ~uaty 28, 2012 ~: Vad, than 35 ~6t pe~rmitted for two ?e~6ns: (1) ff Con~ i ~fitutes a sec0hd: dwellin~ uniti it contains less thm~ 850 square fe$~f ~.i.ving area. L6Cafion of Property: 9525 ~_5_~n Road, Mattituek; CTM I000-122~ proposed deck, the code~r~tuired ~ exce~di~ m ? mum fron -yard setback of 35 feet *h' ~ ~ _ ~3 On .... ~ t ..as ou ma0~e land area of 15 253 ~quare and lot.covevage exceeding the c~de ~;e~]~ at i690 Thfi Strand, East M~rioa; 10:~ A.M. DONA~ #6233, fion~ 280-15C and 2g0416A(1) ba~ed Reques[ for a-V'adance under Section ~n; he Build ng Inspector s October 8, 280424, bazbd 0n the Bu~di~ i tor's Au Ust 25 200 , ~ ~P ' ~008 N0t~ce~of D~approva ~onee ' g 2 8 Notice of D!sa a · · proval con~rnmg an as-built ~.*hX~ *- ~[qpose~ dwelling, S~ammg p~l, sh0w~r adqiti? to ~e s'ngle-fmily sons statd~fo~d~a r ' ' ' dwelhng wh ch ~s ess hah . pp owng the bufldm s~ le side a ;~ ~ ~¢~e~t~a P~[m~tapphcatmn~e: 1 t e r g opposite side yard; result~ ~ ies~ than ---~ ? ~e ~e~ha t~ be added to the p feet fora t0[a, of both ~de yards, at ~ ' cent to ~e E:I. S0a~a (2~'the ihk~ound ' 11~0.0 ~. ~LIN~ S~mmin · g [~0 ~es de Drive and Cea~- ~0d22 a~d 280:1~ 'ba~ed 0~ ~;~ x- ~ r~¢~re~mm 0f 15 feet on a ?o~ for budding pemnts and the Build- 18805 soft ' ' ~ ProPerty' height, swimming pool, and as built car- port structure, for the reasons that: (1) the proposed pergola to be added to the dwe0ing stpacturc is not permitted because such additions/alteration will constitute an increase in the degree of nonconformance (nonconforming rear yard setback and front yard setback, see ZBA #3255 of August 14, 1984; (2) the fence is not allowed as per Conditions under ZBA #3950 dated July 11, 1990 which states: the fence and any screening shall not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of 30 feet from the comer of Cedar Point Drive to 30 feet from the corner of Lakeside Drive shall remain open and un-vege BARBA A CADWALLADER Lo cation of Property: South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. Based on the Building lnspcctm's January 30, 2008 Notice of Disappro~3al, amended July 25, 2008. the applicant has submdted a~)pli- cations requesting: A) ZBA # 6207 - a W~ivor of Mcrg_er under Article B, Sections I00:25 and 100-26 (renumbered 280-9 and 280-10)~ concerning County Tax Map Parcel Numbers 12 and ll,in District 1000, Sec tion 31, Block 14 which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or noncoifforming lot which has been held m common ownership with the first lot 1, 1983. An ad- each I 0dati0n 48 (a/k/a Middle Road or North Road), Pecothc; CTM 73 -4-5. Daniel and Wendy Roeper 1800 Broadwaters Rd. Cutchogue, NY 11975 Town of Southold Mr. Gerard P. Goehringer, Chairperson Zoning Board of Appeals Town Hall Annex Bldg. 54375 Route 25 P.O. Box 1179 Southold, NY 11971 OCT 14 3006, BOARD OF APPEALS RE: File # 104912 (2000 Broadwaters Rd., Cutchogue, NY) October 1, 2008 Dear Mr. Goehringer, We understand that on October 30, 2008 there will be another hearing held to consider variance requests for front yard setbacks for the above referenced property. We were in attendance at the August 21st hearing where it was requested that we put our concerns in writing in advance of the next hearing for the benefit of board members. As stated at the hearing, we are the property owners 2 lots east of the above referenced site and we would like to express our desire to have the variances for this request denied. Our reasoning is as follows: 1) The zoning variance would allow for the construction of a residence in excess of 5,000 sq. ft. which is not in keeping with neighboring home sizes. While the plans are said to be a 1.5 story structure, no details for the home's actual design have been provided. What has been provided is that the home will allow for a full first floor, a "half' second floor which will be sizeable enough for bedrooms and bathrooms and a 9 foot full basement. While the architect claimed at the hearing that the basement would be used for housing "only mechanical" elements, the reality is that a 9 ft basement would not be necessary unless the basement was planned as living space. The architect also referred to having sliders placed on the waterfront side of this walk out basement which is further indication that there is a plan for finishing and utilizing this space as livable square footage. However, labeling the basement as square footage would reveal the true size of the proposed house, thereby causing the inclusion of the living space in the square footage for the real estate tax calculation and also create sympathy for their request by playing up the "small footprint" available. However, should the owners be required to adhere to the zoning required of them, a house in excess of 3,500 sq ft, inclusive of the walkout, could still be constructed. While not as large, the home would be in no way modest, and would be as large, if not significantly larger, than homes in the immediate surroundings. The architect claimed at the meeting that he was doing the "best he could" given the lot's limitations. Yet he is requesting a full 21 foot variance, which is far from being even an attempt at compromise between the allowable envelope and a massive variance request. 2) Additionally the construction of a home of that size on this particular lot would call for the removal of most of the lot's old growth trees that provide a habitat for the natural wildlife in the area. A home of this size will have a greater environmental impact than one that was within allowable zoning regulations. As constructed, more than 3,600 sq. ft. of the lot will be covered by water impermeable structures in the form of either a house or patio under the deck. This lot is a waterfront location that sits at a low point relative to neighboring properties and the removal of the trees and their root systems will result in greater run off into the wildlife rich waters of Broadwaters Cove. The architect acknowledged at the meeting that the property would have to be "clear cut" to allow for the construction yet argued that drywells and lawn would be equally effective at retaining runoff. Anyone who has read literature regarding runoff and the consequences of over building on Long Island's waterfront knows that this is not an accurate statement. 3) b) c) d) e) OCT 1 4 008 OF APPEALc There are other misstatements in the application and environmental assessment form that we feel should be clarified The applicant claims in Policy 1 that the proposed construction is in keeping with the neighborhood. Fact is, there are no properties surrounding this lot that have been clear cut for construction. Nassau Point is recognized for its wooded, natural beauty. The applicant claims in Policy 3 that the construction will enhance the visual quality and protect the scenic resources. He argues that the clear cutting will provide a view for neighbors. In reality, any view afforded by the cutting of the trees will be dwarfed be the construction ora 37 ft high home that is placed within 10 ft of either property line. There is nothing scenic about an oversized home that dwarfs homes surrounding it and the idea that it protects the Town of Southold is laughable. In Policy 4 and Policy 11 the applicant states that the structure will protect erosion through drywells and lawn and not drain marine resources. We have previously addressed the absurdity of that argument. It should be further noted that this property has already been approved by the Town for a large dock that will have additional negative impact on the wetlands and marine wildlife. In Policy 10, the applicant claims that the proposed is not creating a water dependent use. A home that is to be inhabited is certainly more water dependent than a vacant garage which currently exists on the property. In Policy 7 and 13 the applicant claims that the home will be energy efficient and not degrade air quality. While they state that they will use energy efficient systems, etc.., there is no guarantee that this will be adhered to. Any home constructed allows for off-gassing of materials into the environment and all houses that are heated, cooled etc.., are a strain on air quality and the environment and obviously the bigger the home, the bigger the impact. In the application, it is claimed that many Nassau Point lots are small and irregularly shaped and this is just not true. One look at a plot map or aerial of the area shows that this in an invalid statement. The applicant bought the lot knowing its building restrictions and chose to buy it anyway and should be forced to adhere to its limitations for the betterment of the community. The application also states that the property is only 15% wooded. One drive by this property shows what a fallacy this statement is. We have taken many 4) photos of the site evidencing the beautiful, thick old growth on the lot from both the water and street sides. There are several other facts that we feel should be taken into account in your decision. a) The primary shareholder of 2000 Broadwaters LLC is Mr. Spero Geroulanos. He is the current owner of the property directly west of the property in question. We argued at the hearing that the sole motive for the construction was the eventual sale of one of the homes to a third party, as there would be no other need for the construction of a home directly next door to one already owned. It was argued by the architect that Mr. Geroulanos was simply looking to create a family compound. We question the validity of this claim because 1) if family was to occupy this home, there would be no need for the dock that has been approved as the family could share the dock located on the adjoining lot and 2) Mr. Geroulanos currently owns another home around the comer from this property on Haywaters Rd. that he currently is renting to unrelated tenants. If there truly was a need to house his family, why not utilize a preexisting structure already owned? And 3) if it was to be a family compound, why would he have placed the second parcel in a corporate name? We can only believe that it because he has the intent to sell the property once developed. Either that or it provided a convenient, albeit unethical, opportunity to avoid the NYS Mansion taxes and get a double $150,000 exemption from the Peconic Land Trust requirements. The $1.5 million dollar purchase price was conveniently segregated into 2 parts, one just below the $1 million threshold. Either scenario shows that the applicant is only interested in his own financial benefit and is taking neither the environment, the State or the Town into consideration. b) It should be noted that Mr. Geroulanos is currently seeking approval for the construction of a waterside pool on the property he owns directly next door to the property in question. The runoff created by the clear cutting (and possibly a pool) will result in additional runoff of pesticides into the Broadwater Cove basin which is one of the few open creeks left in the Town. It is a fact that Mr. Geroulanos currently applies pesticides to his existing home and we can only assume that the cutting of trees and the growing ora lawn will result in more pesticide application. As mentioned, a dock is already approved for construction. How much negative environmental impact is to be allowed to one family at the expense of neighbors and marine life? We fully recognize the applicant's right to build something on this property. While we would love to believe we could prevent any home from being constructed, that is not reality. But there is a difference between being able to build within the zoning laws for this property and the variance being sought. The difference can have a profound impact on this environmentally sensitive lot. If the variance is granted, the larger home will be built, the property will be clear cut and the impact will last for generations to come. In summary, by adhering to the zoning requirements, the resulting construction will be a smaller, more environmentally friendly structure in better keeping with the surrounding homes and landscape. Thank you for your time in reviewing our concerns and taking them into consideration in your demston. ~ .............. Sincerely, q)an anaC Sqemfy q(oeper Dan and Wendy Roeper OCT 1 4 2008 L. ~F~OVER SHEET TO: FROM: RE: DATE: Mr. Gerard P. Goehringer, Chairperson Zoning Board of Appeals Daniel and Wendy Roeper File # 104912 2000 Broadwaters Rd., Cutchogue, ] October 10, 2008 OCT 1 4 2008 ~,/ t ~'.~,t-~D OF AP?EALS L.... Attached is a letter addressing our concems regarding a variance approval request for the above referenced property. The variance is to be revisited at your October 30, 2008 meeting. We attended the previous hearing on this matter on August 21st and wanted to provide, in writing, our thoughts and express our continued desire to have this request denied. Town of Southold Mr. Gerard P. Goehringer, Chairperson Zoning Board of Appeals Town Hall Annex Bldg. 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Richard and Robyn Mikulas 1900 Broadwaters Rd. Cutchogue, NY 11975 Re: Case 6186, 2000 Broadwaters, LLC October 30, 2008 Dear Members of the Board of Zoning Appeals, We are presenting this document as concerned neighbors and objectants to the application of 2000 Broadwaters LLC. for permission to construct a new dwelling at 2000 Broadwaters Road, Cutchogue, NY. We are owners of the property located at 1900 Broadwaters Road, which is adjacent to the property on which the variance is being requested. We have previously voiced our objections to this proposal at the August 21, 2008 Zoning Board of Appeals meeting and previous meetings held by the Southold Trustees on this issue. We wish to incorporate all our concerns and objections raised at those meetings again at this time. Since the August 21st meeting, however, we have conducted a title search regarding this property and we contest this zoning application in its entirety, in that there is no request for a subdivision of lots 13 and 12 as required by the Town Code. It is our position that these lots have merged by operation of law and now may not be subdivided without proper application and/or notice as required. By deed recorded October 29, 1934, Lot 13 was purchased by Howard G. Meinke and Martha Meinke. At the time of this purchase, there was an easement granted over a strip of land extending 15 feet in width to form a "common roadway for the benefit of all persons owning land on ...... Nassau Point". This easement, which was filed on record indicated owners of Lot 13 were also the owners of the parcel which is known as "Crabbers Road", subject to this easement. I am enclosing a chain of title report for Lot 13, together with the easement as Exhibit A, By deed recorded May 24, 1946, the Meinke's also purchased Lot 12, which is the subject of this application. Therefore, at the time that this purchase was made and the Zoning Laws were changed by the Town of Southold, these two non-conforming lots merged since they were held in common ownership after July 1, 1983 in accordance with Section 280-10 of the town code. Since "Crabbers Road" appears not to be a road, but an easement owned by the Meinke's at this time, there is no question that these lands adjoined each other for a common course of no less that 50 feet, as set forth by the code. This common ownership after 1983 merged these two non-conforming lots into one and an application to build on Lot 12 cannot be granted without a concurrent request and due notification for the subdivision of these parcels. By deeds recorded February 5, 2007, Howard Meinke, as sole heir, deeded Lot 13 to Spiro Geroulanos and deeded Lot 12 to 2000 Broadwaters LLC, which upon information and belief is a limited liability company, in which Mr. Geroulanos is the managing member. These separate deeds are of no consequence to the fact that these properties were merged in 1983 and may not now be subdivided under this Zoning Board application. In furtherance of the Meinke's intent to merge these lots, even notwithstanding the town's code that requires merger, is the fact that the Meinke's built a house on Lot 13, while constructing an accessory garage on Lot 12. Surely the Meinke's understood these lots had merged and Mr. Geroulanos' and the LLC's attempt to avoid the consequences of the merger should not be countenanced and the application denied. I am also enclosing with this letter, Exhibit B, the Chain of Title to Lot 12 for your review. I ask that the Zoning Board consider this matter and deny this application for this reason and the other reasons cited by us at the August 21, 2008 meeting, and by the reasons set forth in a letter submitted by our neighbors Wendy and Dan Roeper. Thank you for your attention to this matter, Rich & Robyn Mikulas M.K.M. ABSTRACT SERVICES,, INC. 238 Mineola Boulevard - Mineola, N.Y. 11501 - (516) 742-4700 - (516) 742-0675(f) M.ICM. ABSTRACT SERVICES, INC., at the request of WHITE, CIRRITO & NALLY, ESQS., ATTN: MICHAEL CIRRITO, ESQ. has caused the following searches to be made in the appropriate jurisdictions for: (X) Chain of Title and Easements Against premises known as No Number, Broadwaters Road, Cutchogue, New York, District: 1000, Section: 104.00, Block: 09.00, Lot: 013.000 on the Tax Assessment Rolls: And has found the following returns: See attached There is no policy of insurance hereunder. The liability of M.K.M. ABSTRACT SERVICES, INC. is limited to the mount of fees paid for negligence only. M.K.M. ABSTRACT SERVICES, INC. By: Brian Grodotzke Title No.: MKIM-SP- 11273 Dated: 09/04/08 BG/lav NO: MKM-Spo11273 SCHEDULE COVENANTS, CONDITIONS, EASEMENTS, LEASES AGREEMENTS OF RECORD, ETC. COVENANTS, RESTRICTIONS AND EASEMENTS Frank H. Tuthill and Grace Tuthill, His Wife, Ernest C. Tuthill and Leila Tuthill, His Wife, Clarence B. TuthiI1 and Rosetta Tuthill, His Wife, Raymond E. Tuthill and Anne Tutkill, His Wife, Ralph W. Tuthill and Laura Tuthill, His Wife and Jay S. Tuthill and Blanche Tuthill, His Wife and Ellsworth C. Grathwohl and Ralph W. Sterling Dated: 01/09/1933 Recorded: 07/11/1933 Liber: 1725 Page: 431 See following documents. II. EASEMENTS OF RECORD: A) B) Telephone Easement in Liber 1000 Cp. 431. (Affects streets). Covenants, Restrictions and Easements in Liber 1725 Cp. 15 and Liber 1786 Cp. 412. (See within). CHAIN OF TITLE: A) Frank H. Tuthill and Grace Tuthill, His Wife, Ernest C. Tuthill and Leila Tuthill, His Wife, Clarence B. Tuthill and Rosetta Tuthill, His Wife, Raymond E. Tuthill and Anne Tuth/ll, His Wife, Ralph W. Tuthill and Laura Tuthill, His Wife and Jay S. Tuthill and Blanche Tuthill, His Wife To Ellsworth C. Grathwohl and Ralph W. Sterling Dated: 01/09/1933 Recorded: 07/11/1933 Liber: 1725 Cp.: 15 B) Ralph W. Sterling and Grace B. Sterling, His Wife, Ellsworth C. Grathwohl and Winif~ed F. Grathwohl, His Wife To Howard G. Meinke and Martha C. Meinke Dated: 10/27/1934 Recorded: 10/29/1934 Liber: 1786 Cp.: 412 c) Howard R. Meinke, as Sole Distributees and as Devisee under the Last Will and Testament of Howard G. Meinke, deceased To Spiro Geroulanos Dated: 12/15/2006 Recorded: 02/05/2007 Liber: 12490 Cp.: 682 LAST RECORDED OWNER: Spiro Geroulanos ' ; ~ ~ '~ '"' -~" 'U ' ...... first P~rt, will forever wa~rsat the title to said premises. IN ~ the party of the first l~rt has ~re~to set h~s ~ ~ s~ ~ L.S. ~n ~es~e of: Jos~ ~ate of New York, ~ty of ~ ~.: ~eteen ~r~ ~ th~-~ee before me c~ ~ to me ~o ~ the i~lvld~ de~ribed in, Nothmy Public Bronx Cottony No. 1. State of New the County of Bronx i,and Clerk of the County Court for ~id County, cer~lfic~te of instr~neot and thereon within and fo~, and sworn, having fall acknowledgments S&id Stale, oc~ of with his tenth day of July, to me known and the foregoing the same. L.S. Joseph Reisman SS,: I, L~ W.PATT~SN, clerk of Court of said Cou]~ty, and Clexk of same being Courts of Record, having by law a t~I~AN whose name is subscrib~d to the . affidavit or deposition of the annexed was on the day of the date thereof & Notary Public in said County, duly commieelonsd, quallfi._.~d amd authority by the laws of saAd State to take the or conveyances for lands, tenements and hereditaments in to same; also to admAnister"oaths, to tak~ depositions give certificates thereof; that full faith and credit may and to his official acts and attestations; that ! am well acquainted and verily believe that the signature of said certificate of prodf, affidavit or deposition ~e hie genuine official signature by the records of this office. IN TESTIMONT WHEREOF, I h~ye hereunto and affixed the seal of the said Court and County, this 10 day Of L..~. Lester W.Pattereon, clerk. %~P~corded Jul 11 ~193~ ~ 11 A.M. THIS IH~NTC~E, Made the Sth ~v of January, Nine%een Hundred and ~lr~. ~ee, ~ ~ H.~LL ~ ~ T~Z~, his w~fe, resid~ at ~ho~, N~ York, ~ C.T~ ~ ~I~ ~I~, his wife, ~ B.T~ ~ RO~ T~I~, his ~fe, ~0~ E.T~I~ ~ ~ ~I~, his wife, ~ ~. T~ILA an~ L~URA TO,ILL, ~ts wife ~d gAY S.I~I~ ~d ~ ~I~, his ~ ~ ~ W.~I~O, ~o~ of ~t~o~e, New Uork, 00/~ ~11~ (01.~) lawful mo~y of ~e ~t~. States, co~der~to~ ~d by ~e ~es of ~e seco~ ~r~, do ~re~ g~t ~d rel~e un:o me ~t[es of tho ~co~ ~g, ~elr ~irs ~d ~ai~s for~er, ~ ~ose certain lots, pteoea ~ ~eels ~ 1~ sit~te, ly~g desl~t~ ~ lots ~ered ~o h~ed s~y-~o~ (g~), {gSa), ~ h~ ~tT-s~ {~), ~o h~ed s~_~en (~7) sa~ed ~e ~8~, 1~, By ~to W.~l, C.~. h ~eyor, flied ~ t~ orifice'of ~o ~g7 51er~ of ~fol~ ~y, ~.~.~ ~lle ~o. 156. Toge~r with ~1 the ri~t, title ~ interest of ~e ~tte~ of f[~ ~t of, [n ~d to ~e 1~ ~der ~t~ ~ ,~t~s~, ~u~t~ ~d feet in wld~ ~o~ ~ ~e hi~ter ~h, w~ ~ Iota ~t oIa c~n · o~ for the ~nsfit of ~1 ~eo~ ~ng ~s on ~d ~he ~te~s he'sin. ~ ~e ~ies of ~ ~eco~ ~, for heirs ~ ~si~, do ~reby c~t t~t the ~les of ~e seco~ heirs ~d aesir, will not at ~ ~e erec~ ~ house on less ~ ~ee ~ou~d ~ll~s ($3,~0.~) e~, ~6opt ~ o~d~ out-houses ~ ~t not more ~ one su~ dwelli~ ~1 be e~ected on ~ ~ s~d lots. at ~ :~e ~ ~e~t be:ween ~o ~ Po~t ~lub ~o~rties, Inc., ~d ~. be effec~t to ~ter or ~ ~d covets, restr[ctio~ or rese~atlo~ ~e ~ent of ~ o~er of ~ ~J~ent praises. ~i~ and ~te~ed to be ~e pr~ses ~ co~ed Zo ~ ~ties of ~e first ~ Je~e O.~t~ll, ~s ~fe, ~ de~ be~l~ date ~c~er Z4, 1~5 ~ reco~ J~ 13, 19~6 tn liber 11~3 of de~s at ~e 194. % T~E~ wl~ t~ a~te~csa ~ all ~e estate ~ of me first ~t ~ .to s~ses. ~.~ hers~ ~ted ~to ~ ~ties o~'~e s$~ ~t, ~ir heir~ ~,at s~td ~tiee of the first l~mt are se~ ~d~s~lm~ seo~ ~t ~1 quietly enjoy ~e ~d praises; ~. ~t ~e s~d ~ses ~e free fr~ t~br~es; ~. ~t the ~ties of t~ first ~t w~l ~e- cate or procare ~ fur~er ~ces~ ~s~ of ~e title to s~d prem~es; ~"~. ~t s~d ~tles off ~e flrs~ ~t will for~er W~ ~ title to ~d praises. ~Z~. ~, ~f ~ .~ov~nts, ~e~lrs or mlte~tlo~ ~ve been ' c~en~d u~n ~ ~ore~l~ ~lsea ~ ~ve ~t been c~pleted ~t l~t ~o~ mon~ before t~ ~ ~d recordi~ of t~s d~d, ~ ~tors will receive ~ co~idermtion fo~ this coca--ce as a ~zust f~ to be ~ppll~ first ~ar ~se of ~1~ ~ cos~ of ~e ~pr~ents, ~ t~t ~ ~tors will a~ly ~e ~e f~rs~ ~o ~ ~nt of t~ cost of ~e m~ov~nts ~e~o~e uS~ ~ of ~e tot~ of the a~ f~ ~ other ~se. ~ ~F, t~ ~ttes set ~elr ~s ~ se~s ~ ~ ~ y~ first of the first par~ have hereunto ~bove written. In P~esence of D.F..McCazthy as to STATE OF NE~ ¥0~, O0UNTT OF ~L~ SS.. On ~s 9~ ~ ~ J~, Ni~e~ H~red ~ ~i~y-~ee before me, ~e s~scrib~, ~rs~lly ap~ed ~ C.~, ~I~ T~I~, ~ B.~, ~ T~L, ~0~ E. T~'~, ~ T~I~, ~ W.~I~, ~ T~I~, JAY S.~I~ ~ B~ TU~.to me ~so~ly ~ ~ ~ to me ~o be ~e s~s ~rso~ desorlbed In who ~ecu~ed the within InsUrgent, ~ ~y severely d~y ~ledged to me ~ OF~ ~ ~ OF~ ss.: On ~hXs 5 ~y of J~, 19~ before me, ~e snbsc2iber, ~rso~y a~ed ~ ~.T~I~ ~ ~ ~I~ to me ~rso~ly ~ ~ ~n zo me ~o be ~ s~ ~rso~ descrlb~ ~ ~o ~cuted ~ wl~in I~nZ ~ they ~e~lly d~y ~lgdge~ to ~t~ ~ission ~es ~ch ~, 19~. eTLE NO: MKM-SP-11273 SCHEDULE COVENANTS, CONDITIONS, EASEMENTS, LEASES AGREEMENTS OF RECORD, ETC. COVENANTS, RESTRICTIONS AND EASEMENTS Ralph W. Sterling and Grace B. Sterling, His Wife, Ellsworth C. Grathwohl and Winifred F. Grathwohl, His Wife and Howard G. Meinke and Martha C. Meinke Dated: 10/27/1934 Recorded: 10/29/1934 Liber: 1756 Page: 412 See following documents. e the , . ~ . , .... i : ,7 . ..I ... , . dayo£ Oc~:obev ~inetec~uhdredan~ .. S~fO~l~'Cs~y; i, cx~ 'York, ' ' :..- ' .at B~l~wzn, hon~=!~d~ How Y6rk, ""~"':""' :'"' '" ' · ~,~ .o/ta~a~m~, ~ ;:; ,., .., .5.1 ,...... .,. ~.. · ,. "~':" :" -'-'-.L [-., ..: ..:: .... ._. _ [_ · . i ')'~w~ ~o~.~y'o/.t~ ...... ' ' .'"-. I;.i'" .[:... ., . ~ ~r q~ ~. '" , . .:.. ~nto t~ ~a os - e se~ ~ their :.~.. aha ~s~ fo~q~..all, t~a~ ~o~ ob ~ ok i~ :'i?:~:. '];i:-:"~ I .~,':"'"' ' ' Wot,4:~. ~d 'e~ ~or~bx,~Y, ~e' or :6~ge~ .,,~,~ ' . tu~te ~Ih'Tovm of Southold,'.:L~g.~is~d,..iiew ,.~ ·-O'I',.AI~TS~ ~6th, 1922 ~de~ file'ilo.,156 ' ' ' t ! . ~ ' .' . - ' . .. ' · . -.~L~=~ $1iOnCO alon~= !&~d' ~-ZT(~ -~per~ie~, .Inc.,." ~d . i ' ' .. ~O~g aa!~..l~roa~nt i~,.ll.v,a ..... . ..... ~, ~-.ence ~o~.nc~u~erly: .. v.s .=ho~m .onl sa: u,. ", ~' 9 r~n~y-livc (25)-fo6t.'road'.>" ?:' ~'[2 and~ .L)] "~'%''''''" .'. ' '~ ........ ' oOiP. t' df ~b~cinning. · . · ,:.. : ., . .. , .. ..-, tcndlns fifteen.feet i~- width a~o~g 4hnl! fo~ Dart of a C6::m~on roadway' fei' thc bcnoi~i~ -o~ :ovming l~ds-on'.s~d.!~nssnu.Point, ~ncl~ding thc heirs ~ud assigns~ do hez, oby coven~t that th0y~: si~s,. %~ll not at' ~y time erect.:~y hous~ .o~ snid- prcm~ I~ss' tl~an '2~eo,' thous~-;d~llars ~ ..':. '- : j ' . · ': . '~.']... · oub-hous~s,' ~d th~b nat ;more th~ one Olub.'Pro~rttes~ iHc~,.' ~d tho.o~mo~.fo~ ses heroby,conuey~ ~%d..~uch a~voum~nt uP~ul chad'.coventry, restri~tionu'ol~ rosenvation~ v;i~h~Ut' the' oume~ .olt ~ny ~ ' ,. .' , ' Be!ns and int6nded to bo a'p~-t of tho' s~!c ~es az,c, I L.-'' . ..... ~de~d~rec°ragd .J~Y 1%, 1933 .in ....libor !725...of., D~eds, . i' .'-j; . I NO: MKM-SP-11273 SCHEDULE COVENANTS, CONDITIONS, EASEMENTS, LEASES AGREEMENTS OF RECORD, ETC. COVENANTS, RESTRJCTIONS AND EASEMENTS Frank H. Tuthill and Grace Tuthill, His Wife, Ernest C. Tuthill and Leila Tuthill, His Wife, Clarence B. Tuthill and Rosetta Tuthill, His Wife, Raymond E. Tuthill and Anne Tuthitl, His Wife, Ralph W. Tuthill and Laura Tuthill, His Wife and Jay S. Tuthill and Blanche Tuthill, His Wife and Ellsworth C. Grathwohl and Ralph W. Sterling Dated: 01/09/1933 Recorded: 07/11/1933 Liber: 1725 Page: 431 See following documents. I. EASEMENTS OF RECORD: II. A) Telephone Easement in Liber 1000 Cp. 431. (Affects streets). B) Covenants, Restrictions and Easements in Liber 1725 Cp. 15 and Liber 1786 Cp. 412. (See within). CHAIN OF TITLE: ^) Frank H. Tuthill and Grace Tuthill, His Wife, Ernest C. Tuthill and Leila Tuthill, His Wife, Clarence B. Tuthill and Rosetta Tuthill, His Wife, Raymond E. Tuthill and Anne Tuthill, His Wife, Ralph W. Tuthill and Laura Tuthill, His Wife and Jay S. TuthilI and Blanche TuthiI1, His Wife To Ellsworth C. Grathwohl and Ralph W. Sterling Dated: 01/09/1933 Recorded: 07/11/1933 Liber: 1725 Cp.: 15 B) Ralph W. Sterling and Grace B. Sterling, His Wife, Ellsworth C. Grathwohl and Winifred F. Grathwohl, His Wife To Howard G. Meinke and Martha C. Meinke Dated: 10/27/1934 Recorded: 10/29/1934 Liber: 1786 Cp.: 412 c) Howard R. Meinke, as Sole Distributees and as Devisee under the Last Will and Testament of Howard G. Meinke, deceased To Spiro Geroulanos Dated: 12/15/2006 Recorded: 02/05/2007 Liber: 12490 Cp.: 682 LAST RECORDED OWNER: Spiro Geroulanos CHAIN OF TITLE William V. Duryee and Cornelia Gildersleeve Duryee, bJ~ wife To Howard G. Mei:nke and Martha Meinke, bis wife Dated: 5/25/1946 Recorded: 5/24/1946 Libor: 2569 cp. 310 (See Attached Herewith) Said Mm'th Meinke died a resident of Suffolk County on 7/16/1964, Surrogates Index Number 1256P64. Said Howard G. Meinke died a resident of Suffolk Coun'~ on 9/2/1981, Surrogates Index Number 1875P81. Howard G. Me:inke, as sole distributee and as devisee under the Last Will and Testament oflloward G. Meinke, deceased To 2000 Broadwaters LLC Dated as of: 12/1/2006 Recorded: 2/5/2007 Liber: 12490 cp. 681 LAST RECORDED OWNER: 2000 BROADWATERS LLC ~lay GiLD~q~LEE~E. DURYEE, DURTEE, hie wife, County, NevJ Yqrk, HOWARD G.~INKE at 141 Earle StTe¢t, Baldv~ln, Long parzlcs of ~,~ first'part, am1, MEIh~-~, "hl~ wi2 e, residing ~, 000. O0 f l~d situa~e~ lying and bein~ ~n the To~ ~f ~outhold, Cowry ~o~ ~d desi~natcd az Lot in To~n oC &ou~hold, Long Island, tke flrs~ part, tn ¢onsider¢t:io~ of · Dollars'~ by the part te~ of t~e seco~ part, of t~¢ seeo~ p¢~t, thel~ certain loZ, plece or ~oi~Z.or. Little Eog Neck. 'folk ~d S~ate of I¢¢w 7ork, and ~n~i~led "Amended ~:~ap A. surveyed ~une 28, 1922, by Otto W. VanTuyl, C. E. and Surveyor, Gre~npor~, N. Y. mid filed in Office of thc CoU~lty Clerk of Su£2ol Co~ty, N. ¥., August l~, fi1~ ;NO, 156. ~OG~TNER with all th~ ~*lgh'~, ti le and ln~eres~ of ~he pa~tles of ~he first parm of. lu end ~o the adjacent to ~1~ lo~ and tb said zro~ .~ said ~re..~icez;' ~nd unde~ the Ym~er$ k~ow~ Broadwa~er~ Road 'and Crabber~ . ~ ~l~t s~ p~rties of the ill-st part ' ~- .... ~;,,.~or wgE rcceive the' co~s~dermt~or,~.~ flrs~ for the p~,.vpo,~e o~ .P~e ~t,. cost, of the ~ozproveme~zt before 'sams ~rs~ ~o ~.he paym~e,~.~,.,fj: gO, e~ of ~lw .to~g~ O~ the s~.ve lu- .,..:~ - owe: ~ere~nto ee~ thei~ '~ ~ :85 I~UNDY OF S~YFOLE-: · On thl~ ~day OT~ l~ay, 194.6, ! ~ERSLEEI~'D~, to me known ~d who ex~cuted, ~he,a~tornay'In fact nd Who by his attornsy M. D~ys~' by v~ue ~ recorded in ~h6=Of~'i~e of,~he ~9~6, in Libor 25G~ a~ P~E~ 79, RECORDED MAY 27 O;."oqg M. t?w .~bscr~ber, peroonm~ly a, pp~r~ i ~h~duly ~Su.~_Pol k C o ur~t~_ fore mo ~ersonally oO.r~e CORN~LI£ the individual described ia, ~, tho= ~ndlvidu~ d~cribed In ~ed the ~zm~, and ac~o~,,le~ged ~he ae~ m~d de~d of Said dated l~iarch 5th, lSd6, and o~ S~'folk Ce~ty on May 15, County SU~FOL~ COUNTY CLE~ RECORDS OFFZCE I~CORDZNG PAGE ~ o~ 2:ne~ument: D~F~$/DDD Recent ~umbe~ ] 07-00527G:~ TRA~qSFER TAJC ~,R: 06-22070 1ooo 2acor~ed: ~O&.O0 09.00 $500,500.00 ~,age/FJ.l:Lng $12 · 00 1~0 H~.nd~:l. ng COS $5,00 NO F~-CT~ 85 · 00 ~ F,~-STAT~ TP-5~4 $5.00 ~ Ce~.Cc~em R~'T $30.00 T~B~O~ t~ $2,002 · O0 TRAJfSFER ~AX ~1~.1 06-22070 T~2:~ ~AGI~ 'rB A PART OF f~E I']IBTI~IM~NT "I'BZB Z8 NOT A. B2:I,E, County CZe~k, 8G4%eo:l.k C~unty 02/05/2007 12:5833Z X~ D00012490 681 Lot; 012.000 $5.00 tqO $15.00 ~0 $165.00 lqO $0.00 NC) S0,0o ~0 $?,010.00 NO $g,254.00 Fab 115 L21~2L P~ "0~0~372a xooo lo4oo o~oo oraooo ., lio~a~d a. lactn'~e I. Begc'rw. : Addltlmml Tu IIJl'. MI~. TAX ~i~ ~ . - Fund Conslde~'afion ,~e~,m~nt iS, *'Fifle Compan~ lnl~rmation ~ _r~'_ I=/~ TO ' ~OOfl Br~s~a~er~ ~LC int~To~, 'p of. Sour:hold ~ ~ of c~eq,ho~ue _ mmic b~ Et Stewart Ti'de Insurance Company Title No: ST-S-8120 Sohedule A Des=rlption [AME~DED 12/11/06) ALL Ibm certain lot. piec~ or pap,-r~ of'land sill~te, ~yiuff nA~ b~nS at ~]n.~au point or LiRlo ltog Nr.~ ~1 ~ ToW'A oJ' ~ll*m!d, CoI]~ of SIIfTolk al~ grig: ofl~ew Ymlg Ired ~1~ O~ ~, vmT~ ~ ~ S~, ~ ~.~* ~d ~ ~ O~ ~' ~ic~Y ~ ~ ~ ~ foHo~: B~N~G g a ~t on ~ W~y ~e of B~ ~d which m~ ~g ~ Ihe ~ lo~ 262 ~ ~ on ~ ~; T~N~ ~ 38 &~ 30 ~u~ 47 ~ W~ 47.87 f~t m a ~w~ch ~ 5~ 88 ~ ~ ~u~ 0S ~nds W~ ~ mid~e I~c S0.6~ fc~:to ~ N~ 53 ~ 26 ~ ~ ~ W~t ~o~ ~ N~Iy si~= of m ~ ~ I~w~ t~ 262 nd ~3 ~ ~ ~; ~N~ ~o~ d~ qY ~ , -- fBg~~ TO~TH~-HF.R wlth all fiibt, rifle mid Jmm~t of Ihe pm~Y of Lbo fflx~ Par% in nn~ m d3e hnd t~ ~$ or -- THIS INDENTURE, m~de lite 244t day o~ HOWARD ~- Mg'rNK~, a; sole ~is=r£bu=ee au~ aa ~see ~er ~a ~et Will ~ ~it~t o~ }~ar~ G- MeSas, ~eceaeed, 2000 B~.%D~%~ L,LC, ~ limited liabil~=Y co=9~nY, with or,ieee a~ 128 ~ A~nue. ;ui=e 1L, Br~l~, New york 11209 ~ ~ the T~ o~ ~C ~ ~tiee, INC., situate in ~e ~ o~ ~o1~, Isled, N.T." su~ed ~e 38, 1922 ~ O=~O W. Van~yi[, C.E. ~'=~--~ ......... N Y- ~et 16, 19~2, z~= ~d ~t~ ~o ~ the s~ pr~see ~o~ to 196~, ~ ~d ~d ~ 25, ~=4a ~a r= ; , . 6 2569, pa~e 310 a= =he'Guf~olk C~bY cl~k'B office. IN PRE~ENCE OF 5/?,4/1946 ~569 ~- 310 (Se~ A~ched B.~) S~id M~ Md~kc di~ a r~idcnt Index ~bez 1.256P64, S~og~ index~h~r lgVSPgl. Mowed G. Me~, ~ sol~ T~t or,owed O. To 2000 Bzosd~at~s LLC D~d~°f: 17./1~0~ R~aordcd: 2,15~007 Libor: 12490 ~- ~gT ~coKD~ O~R: 2000 B~O~DWA~X5 LLC M.K.M. ABSTRAX- T sERV IC S sTRiCT ~ERvICg$' 1NC., M,~M. A~ · ' ' follo~g se~h~ to to Dat~i~cludlng subdivlslo~- Chain of Titlg A~ pr~?~.,., no 00. Lot: 012,000 on ~d h~ fn~d C~ain of Title-S~ ~e i~ no po~Cy of~us~ h~e~- The ~abi~ ~C. is ~m~ ~ ~e ~ of feeg pdd for negtigence only. M.K-M. ABgT~C~ SER~CBS, ~C. Til~ ]qo.: MK.M-SP-11271 D~d; 9/1./200g BG/~3 By: Brian C-rodotzke. T~tle C~c~' · ,~, ' m i~h~..L..T ~ .arm iN Nb-W yi~RK 8T~.~ 'TO BE usED oNLY '.-'-~'-~ THE AGKNO ...... - ..... _TO ~lE USED ONLY ~,',.~ ::.~: T~E A~'N O'1~- ~ h -- =----- :*'T'~ 18 _~_.~?~_ OU'~ NEW YORK ~ ~'ATE BARGAIN AND 8AI. E DE~D wm,i CO, VE~L~J~T~ ~AJIdST ~RAJ'iTOK'~AcT6 ~Om~R,D R. ~ TO :~000 '~"~ r,r.C SAFE HARBOR TITLE AOENCY 1777 S1~"'110fl LOT GOU~rr~ OR 'I~WN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971 ~0959, on THURSDAY~ AUGUST 21~ 2008: 9:30 A.M. 2000 BROADWATERS LLC # 6186. Request for a Variance under Section 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (after demolishing the existing building), at 2000 Broadwaters Road, Cutchogue; CTM 104-9-12. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: July 25, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 STATE OF NEW YORK)~ ) S~W 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 ~ week(s), successively, commencing on the 16th day of October, 2008. / / / ~_ Principal Clerk Sworn to before me this New IIOU~J~R g62~L-.Request~ for a ~fll~r S~ction 280~15, ba~d on ~pp~v~ cofl~ming a pro- ~.~ garage ~ ~ ~oni yard, ~,,~e rear y~, at 1150 Van- ~J~ Variants under Sections ~mtion for a building pemt and the ~ended Not~ of Disapproval con- in heist ~d lot coverage limitation of the lok~d which is set back at less than · e ~de required minimum of 35 feet NOTARY PUBLIC-STATE OF NEW YORK No, O1 -V061,05050 Ou~lt~l~l I,'~ Suffolk County 10:00 A.M. ~LEN ~d PE~R propertms involved in this unmerger under S~ctions 280-122A and 280- Shoresas:(~)~33-2-27.vacantland. Mki~ Road, Mat6mck; No~ ,~ ~a~qv~.~mmg a ~ 99-1-32. pro~sed ~w dwe~ng, ~er remov~ ' 1~10 A~; ~CE~ L~OCCA of~e existing bailding(s)~or pla~ment 13-22.1. reasom ~r disapproving the building tions 280-122A ~d 280-124 based on the on a front y~d; (2)less ~an 15 feet for a rice of Disapproval no~ng a proposed feet total side yard setbacks, and (3) lot yards at less ~an 35 feet. at 7080 Great 1~-54-4:18 (adja~m to dunes and Variance under Section~0-116B based 12. 2008 Notme of Disapprovat con- on an amended'application for a build cermng a .proposed new dwelling Wltll ~ng permit and the Building Inspector's a setback at less than the code-required August 26. 1008 Notice of D~sapprc~val 35 feet from the front lot hne after de- IRENE;MAIIRON # 6216. Request for concermng additions and alterations molishing the existing building), at 2000 ~minnce~u~der Sections 280-116B a~d to an ex~stmg single-family dwelling at Broadwaters Road, Cutchogu¢: CTM 280-124, 6ased on an agplk, ation for a lass than 75 feet from the bulkhead ad- 104-9-12. building permit with ambled plans to laceat to Little Creek. arid for which a The Board of Appeals will hear all allow new construction.instead of addi- stop work order was ~ssued because of persons, or their representati/zes, desir- tinm ,mad., alterations to: the:dwelling as a change in the scope ot~ the Work and ~ to be~ heard at each hearing, and/or applied '~nd g/anted oa ~l.0L08 under change six;ce appticatioz~ submitted tm- i~es~ng to. ~ubmit writteg statements ZBA 96110 -Thd Buil~-~pector~s der ZBA' 16139, Location of Property: heforo' ~the conclusion of each hear August 20; ~0~ ~lol/~[o~;al 2935 Pi~e Tree Road Catchogue; CTM~ ~C~ ~h~aring will ~¢t start earlier slates~:.t~h~z,'~ former--dv~uag, was 104:3-8, . /~,~1 abo~e. P'.des arena a - ~le~'~;~d a ne~, sin~te~familv 10L~0 A.M PETER and SABR1NA able f6r:)r~vi~ve'during r~gular bnsipess ~struc;bon.~s ~ ~.p~ :of~:d. ZBA PEZZ1NO #6210. Request for a Van- hours and-prior to the day of the hear- ~ ~1t0 was a request f~)r ad~t~ns and awe ;l~der Section 2g0-124, bfised on ing. [f ybutli~v¢ qaestions, please do not altarafionstoaneaistin~gdwellingatless, the Building Inspector's revised Octo- hesitate to contact our office at (631 than ih~ 15 fdet On oi~e side. ~x~d ZBA t~er 6. 2008 Notice ~*f Disapproval cord-- 765-1809.'o¥ by emafl: Linda.KowalskiC~ #5797 was a request for ackiitions at less ccrmng a proposed new dwelling at less Town.SoutholdJly.us. thl~n~ ~, f~t~9.ih~exis~!lg~ulk~eadand than 25 feet total side,yards (and afrer Dated:October 9.2008. adjacd~t to ~ockey Creelt,-at 3~25 Wells demolition o~ an existing dwelling) a~ ZON]lqG BOARD OF APPEALS Avenli~S6~thold:Cl~70-4-10. 3120 Orathwohl Road, New Suffolk; GER~RDEGOEHRINGER. 9'~0 A;M. M. JUDGE and E. COSt Cl2vt 110-8-7, CHAIRMAN TELLO~g6209. Reque~,,lor ~Varianc~ IL~0 A.M. ESTATE OF SUSAN BY LINDAKOWALSKI ufider Section 280,18, based on the .DELEO #6229, Requested ~s a Ld~'~'C~a~7~ad(O~ceLocation Building Inspector'gAugust 4~ 2008 No-. Waiver unde~ Section 280-11 to unmerge t~;,~J~I~i~ Road (Maigng/USPS) ~ti~o*~' rovui concerning a ~,ew ' two-properties based on the Building In- ~~Onstruction) for which spector's August 6, 2008 Notice of Dis- Southold NY 11971-0959 osed for use'as ~n of- approval, citing Section 280-10. Th~ two 9041-1T 10/t6 :~'~-~ c space, at 13007 Ore- -- "g :~'oaV~ _a~,?lgUt cli~0gu e: CTM 83-2-11.14. Office Location: Town Annex/Fkst Floor, North Fork Bank $4375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown,north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: ~ ~'~7 Fax # Datd~' TOTAL 'NO. OF PAGES INCLUDING COVER: t t ~ SENDER'S TELE ONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: []URGENT ~FORYOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following: 0 Thank you. Sende~slnifia~:~ RECEIVED AUG ! ~ 2008 ~ONING BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK In the Matter of the Application of 2000 BROADWATERS LLC SCTM PARCEL #1000-104-09-12 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, GARRETT A. STRANG, residing at 1230 Traveler Street, Southold, New York, being duly sworn, deposes and say, that: On the 1STd day of August 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice, in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Signature Sworn to before me this Ist day of August 2008 (Notary Public) ara A, atm~'~l ~' PUBLIC, New York No. 4730095 Qualified - Suffolk County Comm. Expires July 31 ,'~/~ $I.17 0971 Postage I ~'~C~AL USE P~e $ $t.17 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) RECEIVED AUG 1 4 2008 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- tot4 - O~ - /'2- COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, d~pose and say that: On the //~ .day of ~t,,'~ t,J~:r-- ,'/°°~' , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place fo[ seven days phor to that date of the snbject hearing date, wlfich hearing date xvas shox~ lo be ,4Ut~t~£r- {/~rt ~oo,~' , Sworn to befgre me this day of ,200 J~ (Signature) bile) NOTARY PUBLIC, New York No. 4730095 Qualified - Suffolk County Comm. Expires July 31, '~0/t) *near the entrance or driveway entrance of my property, as the area most visible to passersby, · ~C~e~mplete items 1,2, and 3. A~o (x~m~01ete em 4 If Restricted Dellve~ la desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. ArMcleAddressed to: 2.~ ~__ 7005 3110 0003~247 PS FOnT~ 381 l, February 2004 by C. Date of Delivery D. Is delive~addms~dJffemnt f~om item 17 [] Yes if YES, enter delivery address below: [] No 4ail i-I Express Mall [] Registered [] Return Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Restricted Daiivery? (Ex~a Fee) r"l Yes 5262 · 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 mailplsoe, or on the front if space permits. 1. Article Addressed to: , A. Signature D. b delivery address different fmrn ~tem 17 If YES, enter delivery address below: 2. Article Nur ' (rr~.s~- 7005 3110 i PS Form 3811, February 2004 [] Agent [] Express Mall [] C.O.D. 4. Restdctad Delivepj? (Extra Fee) [] yes 0003 0247 5255 Domestic Ratum Receipt ~,~1,~.~ 102595-O2-M-1540 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delk, ery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. [] Agent address d~Y~rent florn Item 1 ? []Yes ~f YES, enter delivery address below: [] No ~Ylce~ad Mall r-i Expmss Mail [] Registe~ad [] Retum Recaipt for Memhmxllae [] Insured Mail [] C.O.D. 4. Restricted DaiJver/? (Ext/a Fee) [] Yes ~ ,~uo ~-6O 0003 0247 5279 Form 381 1, Febma~ 2004 D~lc Return Receipt ~OA APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197l http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 5, 2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6186 (2000 Broadwaters LLC) Dear Mark: We have received an application concerning construction of a new home on Broadwaters Cove in Cutchogue, and shown on the enclosed site map. Copies of the current LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thmxk you. Very truly yours, GERARD P. GOEHRINGER Chairman By:_ / f/--'/~---- #8950 C~ ~.~ 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 day of 7t__h day of August, 2008. Sworn to before me this Principal Clerk NOTARY PUBLIC-STArE OF NEW YORK NO. 01-VO6105050 Qualified in Suffolk County My Commission Expires February 28, 2012 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARINGS .NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning). Town of Southold, the folinwing public hear- ings will be held by the SOUTHOLD TOWN ZONING'BOARD OF AP- PEALS at thc Town Hall, 53095 Main Road, 1~O. Box 1179, Southold, New York 119714)959, on THURSDAY. AU- GUST 2L 2008~ 9:30 a.m. 2000 BROADWATERS LLC ~ 6186. Request for a Variance un- der gection 280-124, based on thc Build lng Inspector's May 12, 2008, Notice ol Disapproval concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (after demolishing the existing building), at 2000 Broadwaters Road, Cutchogue; CTM 104-9-12. 9:40 a.m. RONALD E AND MARI- LYN A. GALLAGHER g6181. Request for a Variance under Sections 280-12 and 280-121a, based on the Building Inspec tot's April 9, 2008 Notice of Disapproval concerning proposed addition(s) and alterations to an existing nonconforming accessory cottage. The reasons stated in the Building Inspector's Notice of Dis- approval are: The building shall not be enlarged, altered, extendcd, reconstruct ed or restored or replaced on a different portion of the lot or parcel of land occu- pied by such use.., nor shall any external evidence of such use be increased by any means whatsoever, and (2) One-family detached dwellings, not to exceed one dwelling on each lot. Location of Prop- erty: 2950 Vanston Road, Cutchogue; CTM 1 ! 1-5-7.2. 9:50 a.m. RYAN and JENNIFER STORK # 6187. Request for Variances under Sections 280-116 and 280-124, based on the Building inspector's May 15, 2008 Notice of Disapproval con- cerning a proposed new dwelling (after demolishing the existing building). The new dwelling is proposed at less than 15 feet on a single side yard, less than 35 feet on total side yards, and less than 75 feet from thc existing bulkhead adja- cent to Great Peconic Bay. Location of Property: 3270 Pecoinc Bay Boulevard, Laurel; CTM 128-6 8. 10:10 a.m. RICHARD MANFREDI #6188. Request for a Variance under Section 280-122 and 281)-124 (ZBA In- terpretation #5039), based on the Build lng Inspector's June 10, 2008 amended Notice of DisapprovaI concerning pro posed additions and alterations to the existing dwelling, which new construc- tion will constitute an increase in the de of non-conformance with regard to the rear yard setback at less than the code- required 35 feet, at 340 Colonial Road, Southold; CI'M 79-6-29. 10:25 a.m. THOMAS ZOITAS #6191. Request for a Variance under Section 280-15, based on the Building Inspec tor's June 12,2008 Notice of Disapproval yoncerning a proposed swimming pool. in a yard other than the code-required rear yard or front yard, at 6255 Route 48 (property adjacent to Long Island Sound), Greenport; CTM 40-1 7. 10:55 a.m. JOANN WALKER #6193. Request for a Variance under Section 280-15, based on the Building Inspector's June 13.2008 Notice of Disapproval con pool structure in a yard other than the code-required rear yard (or front yard) at 290 Town Harbor Terrace, Southold; CTM 66-1-33 (adjacent to Little Peconic Bay). lhl0 a.m. SEAN GILLAN #6192. Request for a Variance under Section 280-15, based on the Building Inspec- tor's June 4, 2008 Notice of Disapproval exceeding 20 ft. in height with a pro posed setback at less than 20 feet from the property line, at 220 Apple Court, Southold; CTM 70-1-6.6. 1:05 p.m. EUGEN1A LAMBIRIS # 6195. Request for a Special Exception under Section 280-13B to establish an Accessory Apartment in this single- family dwelling, with owner-occupancy. Location of Property: 235 Captain Kidd Drive, Lot #192, Map of Captain Kidd Estates, Block 15, situated at Mattituck; CTM 106-5-4. 1:40 p.m. SPYRO AVDOULOS #6189. Request for a Variance under Section 280-116A(1) based on the Build- ing Inspector's June 10, 2008 Notice of Disapproval concerning a proposed amendment to plan for a new dwelling at less than the code-required 100 foot minimum from the top of the bluff or bank of the Long Island Sound, at 54985 North Road, Greenport; CTM 44-1-5. 2:00 p.m. LIA POLITES and KEVIN FERRO #6129 as Amended. Location of Property: 300 Jackson Street. New Suffolk; CTM 117-10-2. The Applicants ditions, and expansion of the existing accessory cottage building and in this Appeal (as amended) request the fol- lowing: 1) Reversalofthe Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory cottage a second dwelling unit. citing Section 280-121A. which provision states: Such nonconforming use of buildings ... may be continued indefinitely, except that such building or use (Al shall not be en- larged, altered, extended, reconstructed or restored or placed on a different por- tion of the lot or parcel of land Occupied by such use on the effective date of this chapter~ nor shall any external evidence whatsoever, and Notice of Disapproval citing Section 100-3lA, which provision states:"In A-C~ R80 Districts, no building or premises shall be used and no build- ing or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Pernfitted uses. One-family detached dwellings, not to exceed one dwelling on each lot"; 2) Interpretation to deal with this pre- existing residential use in a residenfial zone, applying Code Section 280-12lA and/or 280-122~ Nonconforming Build- ings with Conforming Uses, which states: A. Nothing in this article shall be deemed lng building containing a conforming use, provided that such action does not or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(I) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the require- ments set forth above. If such permit is issued, it shall lapse one year thereaBer unless reconstruction in accordance with the approved plans has been initiated; 3) Alternatively, Variances based on the Building Inspector's November 2007, Notice of Disapproval under Sec- tion 280-121A and Section 100-3lA, denied for the reasons that the acces- sory cottage use is nonconforming and constitutes a second dwelling unit. and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot... nor shall any external evidence of such use be increased by any means whatso- ever as a second dwelling unit. 1:20 Pm. Reserved for Carryover: MI- CHAEL and SUSAN JEFFRIES #6167. Variance under Section 280-116A(1)~ based on applicant's filing of a building permit application and the Building In- spector's April 30, 20{}8 Notice of Disap- proval concerning a proposed accessory in-ground swimming pool and retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound. East End Road, Fishers Island; CWIVi 1-2-11. 2:30 p.m. Reserved for Carryover - WILLIAM and JOANNE TURNBULL # 6152. Variances under Sections 280- l 5E 280-116, 280-124, based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a dwelling, swimming pool and shed construction at: (1) less than 100 feet from the top of the bluff adjacent to the LI. Sound; (2) less than the code-required minimum 15 ft. side yard (new dwelling): (3) side yard loca- tion and setback at less than 40 feet from the front yard lot hne (swimming pool and shed); and (4) lot coverage in excess of the code limitation of 20% (all con- struction). Location: 54005 North Road, Southold; CTM 52-1-10 and 1 (combined 2:45 p.m. MICHAEL ANASAGASTI & OTHERS ~6190. Request for Varianc- es under Sections 280-15 and 280-124, based on the Building Inspector's May 6, 2008 Notice of Disapproval concern- ing an '~as-built" deck addition to the dwelling, which construction is less than 50 feet from the rear lot line and which has caused the existing accessory build- ing to be in a yard other than the code required rear yard. at 345 Private Road, Southold; CTM 78-9-40. 3:00 p.m. Reserved for Carryover: PINE NECK HOLDINGS #6180. Vari- ance for deck addition to the dwelling at less than 75 feet from the bulkhead, at 1475 Pine Neck Road, Southold; CTM 70-5 40. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Flies arc 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 e mail: Linda. Kowalski@Town. Southold.ny. us. Dated: August 4, 2008. ZONING BOARD OFAPPEALS GERARD p GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) LO. Box 1179 Southold, NY 11971-0959 8950 IT 8/7 Sworn to before me this Principal Clerk day of i, '~J 2008 NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified in Suffolk County My Commission Expires Februory 28, 2012 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARINGS .NOTICE IS HEREBY GIVEN, pu~ suam to Section 267 of the Town Law and Town Code Chapter 280 (Zoalng),Town of Southold, the following public hea~ ings will be held by the SOUTHOLD TOWN ZONING'BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, Rd. Box 1179, Southold, New York 1197141959, on ~ GUST 2L 2008; 9:30 a.m. 2000 BROADWATERS LLC ~ 6186. Request for a Variance un der Section 280 124. based on the Build- ing Inspector's May 12, 2008. Notice of Disapproval concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (aBet demohshing the existing building), at 2000 Broadwaters Road, Cutchogue; (TM 104-9-12. 9:40 a.m. RONALD F. AND MARI- LYN A. GALLAGHER #6181. Request for a Variance under Sections 280-12 and 280,121a, based on the Building Inspec- tor's April 9, 2008 Notice of Disapproval concerning proposed addition(s) and alterations to an existing nonconforming accessory cottage. The reasons stated in the Building Inspector's Notice of Dis- approval are: The building shall not be enlarged, altered, extended, reconstruct- ed or restored or replaced on a different portion of the lot or parcel of land occu pied by such use.., nor shall any external evidence of such use be increased by any means whatsoever, and (2) One-family detached dwellings, not to exceed one dwelling on each lot. Location of Prop- erty: 2950 Vanston Road, Cutchogue; 9:50 a.m. RYAN and JENNIFER STORK 8 6187. Request for Variances under Sections 280-116 and 280-124, based on the Building Inspector's May 15, 2008 Notice of Disapproval con- cerning a proposed new dwelling (after demolishing the existing building). The new dwelling is proposed at less than 15 feet on a single side yard, less than 35 feet on total side yards, and less than 75 feet from the existing bulkhead adja- cent to Great Pecoalc Bay. Location of Property: 3270 Peconic Bay Boulevard. Laurel; CFM 128-6-8. 10:10 a.m. RICHARD MANFREDI 86188. Request for a Variance under Section 280-122 and 280-124 (ZBA In- terpretation #50391~ based on the Build- ing Inspector's June 10. 2008 amended Notice of Disapproval concerning pro- posed additions and alterations to the existing dwelling, which new construc- tion will constitute an increase in the de- gree of nonconforming single side yard at less than 10 feet, less than 25 feet on total side yards, at 240 Sunset Path and Hilltop Path (private roads), Southold; CTM 54-1-19. 10:15 a.m. RICHARD and PATRI- CIA MELLAS 8 6196. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspec- tor's July 7, 2008 amended Notice of Disapproval concerning a proposed addition on an existing deck. which new construction creates a new non- rear yard setback at less than the code- required 35 feet, at 340 Colonial Road, Southold; CTM 79-6-29. 10:25 a.m. THOMAS ZOITAS 86191. Request for a Variance under Section 280 15, based on the Building Inspec- toffs June 12, 2008 Notice of Disapproval in a yard other than the code-required rear yard or front yard. at 6255 Route 48 (property adjacent to Long Island Sound), Greenport; CTM 40-1-7. 10:55 a.m. JOANN WALKER #6193. 280-15, based on the Building Inspector's June 13, 2008 Notice of Disapproval con- pool structure in a yard other than the code-required rear yard (or front yard) at 29t/Town Harbor Terrace, Southold; (TM 66-I-33 (adjacent to Little Peconic Bay). 11:10 a.m. SPAN GILLAN g6192. 280-15, based on the Building Inspec- tor's June 4, 2008 Notice of Disapproval exceeding 20 B. in height with a pro- posed setback at less than 20 feet from the property line, at 220 Apple Court, Southold; CTM 70-1-6.6. 1:05 p.m. EUGENIA LAMBIRIS 8 6195. Request for a Special Exception under Section 280,13B to establish an Accessory Apartment in this single- family dwelling, with owner-occupancy. Location of Property: 235 Captain Kidd Drive, Lot 8192, Map of Captain Kidd Estates, Block 15, situated at Mattituck; CTM 106-5-4. 1:40 p.m. SPYRO AVDOULOS 86189. Request for a Variance under Section 280-116Al1) based on the Build- ing Inspector's June 10, 2008 Notice of Disapproval concerning a proposed amendment to plan for a new dwelling at less than the code-required 100 foot minimum from the top of the bluff or bank of the Long Island Sound, at 54985 North Road, Greenpor t; CTM 44-I-5. 2:g0 p.m. LIA POLITES and KEVIN FERRO 86129 as Amended. Location of Property: 300 Jackson Street, New Suffolk; CFM 117-10-2. The Applicants propose renovations/alteratinns, ad- ditions, and expansion of the existing accessory cottage building and in this Appeal (as amended) request the fol- lowing: 1 ) Reversal of the Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory cottage use is nonconforming and constitutes a second dwelling unit. citing Section 280,121A, which provision states: Such nonconforming use of buildings ... may be continued indefinitely, except that such building or use lA) shall not be en- larged, altered, extended, reconstructed tion of the lot or parcel of land occupied by such use on the effective date of this whatsoever, and Notice of Disapproval citing Section 100,31A, which provision states:"in A-C, R80 Districts, no building or premises shall be used and no build- ing or part of a building shall be erected or altered which is arranged, intended or designed to be used. in whole or in part, for any uses except the following: A. Permitted uses. One-family detached 2) Interpretation to deal with this pre- existing residential use in a residential zone, applying Code Section 280,121A and/or 280-122, Nonconforming Build- ings with Conforming Uses, which states: A.Nothing in this article shall be deemed lng building containing a conforming with regard to the regulations pertaining to such buildings: B. Reconstruction of a damaged building. (l) A nonconforming building containing a conforming use which has been damaged by fire or other of its fair value shall not be repaired or rebuilt unless such building is made sub- stantially to conform to the height and yard requirements of the Balk Schedule, (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subseedon B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the require- ments set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated; 3) Alternatively. Variances based on the Building Inspector's November 8, 2007, Notice of Disapproval under Sec- tion 280-121A and Section lif0 3lA, denied for the reasons that the acces- sory cottage use is nonconforming and constitutes a second dwelling unit, and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot... nor shall any external evidence of such use be increased by any means whatso- ever as a second dwelling unit. 1:20 l~m. Reserved for Carryover: MI- CHAEL and SUSAN JEFFRIES #6167. ~arinnce under Section 280 II6A(I), based on applicant's filing of a building permit application and the Building In- spector's April 30. 2008 Notice of Disap- proval concerning a proposed accessory In-ground swimming pool and retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound, East End Road, Fishers Island; CTIvl 1-2-11. 2:30 p.m. Reserved for Carryover - WILLIAM and JOANNE TURNBULL 8 6152.Variances under Sections 280-15F, 280-116, 280-124, based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a dwelling, swimming pool and shed construction at: (11 less than 100 feet from the top of the bluff adjacent to the L.I. Sound; (2) less than the code-required minimum 15 ft. side yard (new dwelling); (3) ~ide yard Ioca tion and setback at less than 40 feet from the front yard lot line (swimming pool and shed); and (4) lot coverage in excess of the code limitation of 20% (all con- struction). Location: 54005 North Road, Southold; CTM 52 1-10 and 1 (combined 2:45 p.m. MICHAEL ANASAGASTI & OTHERS ~6190. Request for Varianc- es under Sections 280-15 and 280-124, based on the Building Inspector's May 6, 2008 Notice of Disapproval concern- ing an "as-built" deck addition to the dwelling, which construction is less than 50 feet from th6 rear lot line and which has caused the existing accessory build- ing to be in a yard other than the code required rear yard, at 345 Private Road, Southold; CTM 78-9-40. 3:00 p.m. Reserved for Carryover: PINE NECK HOLDINGS 86180. Vari- ance for deck addition to the dwelling at less than 75 feet from the bulkhead, at 1475 Pine Neck Road, Southold; CTM 70-540. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (6311 765-1809~ or by e-mail: Linda. Kowalski@Town. Southold.ny. us. Dated: August 4, 2008. ZONING BOARD OF APPEALS GERARD p GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) Ed. Box 1179 Southold, NY 11971-0959 8950,1T 8/7 APPEALS BOARD MEMBERSO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 June 5,2008 Mr. Thomaslsles, Dire~or Suffolk County Depadmentof Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6186 Action Requested: Within 500 feet of: 2000 Broadwaters LLC Front Yard Setback Variance ( ) State of County Road ( x ) Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By:. Enclosures ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July [¥ , 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 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 August 4th 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 arranqements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than Au.q 8th; 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 Auqust 13st: 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 August 20, 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 Ends, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME 2000 BROADWATERS LLC #6186 MAP # 104-9-12 VARIANCE SETBACK REQUEST NEW DWELLING (AFTER DEMO) DATE: THURS, JAN. 8, 2009, 1:15 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 NOTI( E OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME 2000 BROADWATERS LLC #6186 MAP # 104-9-12 VARIANCE SETBACK REQUEST NEW DWELLING (AFTER DEMO) DATE: THURS, AUG. 21, 2008, 9:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 /;_TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ? /'~ VILLAGE DISTRICT SUB. LOT ;'~. ~'~ FO~ER OWNER N E ~ ACR~GE ~ES. XJ~ 7 S~S. VL. FARM COMM. IND. [ CB. ~ ,~ Est. Mkt. Value , / f~. "/' · I AGE BUILDING CONDITION NEw NOeL BELOw ABOVE FRONTAGE ON wATER / Form Acre volue Per Acre volue FRONTAGE ON ROAD Ile 1 BULKH~D 'ilioble 2 D~K 'iliable 3 / ' ' rood land ;wampland ~d .>/' 4~ ]ouse Plot -ora ~ M. Bldg. Foundation Both Extension Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat Breezeway Porch Porch Patio D~'fvewoy Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer 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 1000- /c~¥ .o7 _/~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~_>~n_~za~ residingat ~ v(ze~ ~ ~r,~, c, , New York, being duly sworn, depose and say that: On the /¢T# day of 23c~e ,.~ ~ Z,~og*, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that 1 hereby confirm that the Poster has remained in place for seven days prior to that date of the subject heating date, which hearing date was sboum to be 3r~ '~. 2 oo ~,' Sworn to before me this day of .~dzr/4~/l , 200~ (Notary Public) (Signature) *near the entrance or driveway entrance of my property, a.s the area most visible to passersby. NOTARY PUBLIC, New No. 4730095 Qualified - Suffolk Cqunty comm. Expires July 31 ,~___/_D~* ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 30, 2008 Zoning Appeal No. 6186 Transmitted herewith is Zoning Appeals No. 6186 of 2~000 Broadwaters~ LLC- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Transactional Disclosure Form, Applicant's Project Description, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Authorization Letter from Spiro Geroulanos, President of 2000 Broadwaters LLC to Garrett A. Strang, Architect to represent him in this Matter, Letter from Gan'eR A. Strang Explaining Relief Sort for this Application, Copy of Application for Building Permit with Disapproval Dated 5/8/2008, Copy of Notice of Disapproval Dated May 12, 2008, 1 Page (2 Sided) Copy of Property Record Card, 4 Pages of Photos of Property, Copy of Survey Showing Existing Structure & Proposed Construction, 3 Pages of Proposed Building Profile, Survey Showing Existing Structure & Proposed Construction Site Plan & Key Map & Site Data Prepared by Gan'eR A. Strang, Architect Dated 4/30/08 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/29/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6186 2000Broadwaters LLC 1023 $400.00 ¢, / ,~¢ 2008 TOTAL ;400.00 Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/30/08 * * * RECEIPT * * * Receipt"8: 20438 Transaction(s): 1 1 Application Fees Reference Subtotal 6186 $400.00 Check#:1023 Total Paid: $400.00 Name: 2000, Broadwaters LIc 2000 Broadwaters Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6186 BROADWATERS COVE ¥O~/N OF SOUTHOLD