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Home My WebLink About6229 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION~~. ~e~/ MEETING OF NO~MBER 13, 2008 ZBA FILE # 6229 NAME OF APPLICANT: ESTATE OF SUSAN DELEO LOCATION OF PROPERTIES: 1225 and 1135 Green Hill Lane, Greenport: CTM 33-2-27 and CTM 33-2-28 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: This application is exempt under Chapter 95, Waterfront Consistency Review, of the Town of Southold Code. PROPERTY FACTS/DESCRIPTION: The two properties which are the subject of this application are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2-28. CTM 28 contains 20,602 square foot measuring 100.00 feet along Green Hill Lane to the east, 225.03 feet along the southern boundary, 86.72 feet along the western boundary, and 217.20 feet along the northern boundary. The lot is improved with a single family house and an in- ground pool, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. CTM 27 is a 21,289 square foot lot measuring 100.00 feet along Green Hill Lane to the east, 217.20 feet along the southern boundary, 100.37 feet along the western boundary, and 208.60 feet along the northern boundary. This lot is improved with a gazebo structure containing approximately 75 square feet, as shown on a survey by Nathan Taft Corwin, L.S., dated September 11, 2008. Page 2 - November 13, 2008 ZBA # 6229 - Estate of Susan DeLeo CTM 33-2-27 (and 28) BASIS OF APPLICATION: This application is a request for a waiver of merger under Section 280-11 to unmerge two properties based on the Building Inspector's August 6, 2008 Notice of Disapproval, citing Section 280- 10. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 2008, at which time written and oral evidence were presented. These properties were merged consequent to the deaths of the owners August and Barbara Larmann in 1998 and 1999. The Zoning Board finds that, pursuant to Resolution No. 2008-950 adopted by the Southold Town Board on October 21, 2008, amending the Zoning Code Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the applicant's request for a waiver is granted for the following reasons: 1. The lot proposed to be recognized was not transferred to an unrelated person since the time of the merger. It was passed to the owner upon the death of her husband. Both lots were passed to daughter and son-in-law upon the death of death of the mother. 2. The lots are 21,289 and 20,602 square feet, respectively, and are of comparable in size. to neighboring lots. 3. The lot to be unmerged is vacant, except for a gazebo and wood bridge over a pond and has historically been treated and maintained as a separate and independent residential lot. 4. The waiver of merger and recognition of a second lot will not create an adverse impact on the physical or environmental conditions in the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code Chapter 280, Article II, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to Page 3 - November 13, 2008 ZBA # 6229 - Estate of Susan DeLeo CTM 33-2-27 (and 28) Grant the waiver of merger, as applied for. Vote of the Board: Ayes: Members Goehringer~L.~hair~Oliva, Dinizio, and Simon. (Member Weisman was~al~t.~Resolu~on~wa% duly / .~RD_ _P.G_0EHRIN~ER~, ~IR~N ~Appmved ~ili~ 11~ /~08 Southold To. Board - L& RESOLUTION 2008-950 ADOPTED OCT 2 9 21108 Item # ): 4323 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-950 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, 2008 a Local Law entitled "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" now, therefore, be it RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hail, 53095 Main Road, Southold, New York, on the 9th day of September, 2008 at 7:35 p.m. at which time all interested persons were given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law" reads as follows: LOCAL LAW NO. lc{ 2008 A Local Law entitled, "A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which .............. o~vnevp,o~:-l~ts deemed "merged" may apply to waive those mergers under certain cirCumstanCes.. II, ~ .Chapt~t~280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-11. Waiver of merger. If a lot has merged pursuant to the provisions of Section 280-I0, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and Generated October 22, 2008 Page 12 r 8o~uthold Town Board-,Tt-etter (2) } B'o,~,d Meeting of October 21, 2008 O) (4) The lot propbsed to be recognized has not been transferred to an unrelated person or entlW since the tim the merger was effected; and Upon balancing whether: (a) The proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood; ('b) The lot proposed to be reco,,~nized is vacant and has historically been treated an mo!ntained as a separate and independent residential lot since the date of its original creation; and (c) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neip_~borhood or district. ~e --'a:var ;v:!! a;'md ..... e ............. III. SEVERABILITY If any clause, sentence, paragraph, section, or pm't of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell S-IV" dd¥ .dO 800 6 l 130 , Generated October 22, 2008 o~ ~,/,.~ Page 13 PiT FOR POOL I'q SURVEY OF LOT 129 MAP OF EASTERN SHORES SECTION FIVE FILE No. 5254 FILED DECEMBER 31, 1968 SITUA TED A T GREENPORT TOWN OF' SOUTHOLD SUF'F'OLK COUNTY, NEW YORK S.C. TAX No. 1000-53-02-28 SCALE 1"=50' SEPTEMBER 11, 2008 AREA = 20,602 sq. ft. 0.475 ac. CERTIFIED TO: SUSAN DeLEO 99% INTEREST FRANCIS J. YAKABOSKI 1% INTEREST APr_, ,b N.Y.S. Lic. No. 50467 UNAUTHORIZED ALT~TION OR ADDmON TO ~]-IIS SURVEY IS A ~OLA~ION OF SECTION 7209 O~ 3HE NEW YORK STA3[ EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUO 3~IUE COPY. CERTIFICA1]ONS INDICAI~D HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. ARD ON HIS BEHALF TO I~IE ]Ti~E COMPANY. GOVERNMENTAL AGENCY ARD LENDING INSTITU~ON US3ED HEREON, AND TO THE ~SSIGNEES OF THE LENDING INSTI- THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin III Land Surveyor Ntle Suryeys -- Subdivisions -- Site Plons -- Construcffon Loyout PHONE (651)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 322 Eoonoke Avenue P.O. Box 1931 Eiverheod, New York 11901 Riverheod, New York 11901-0965 2.O% SURVEY OF LOT 130 MAP OF EASTERN 3HORE$ SECTION FIVE FILE No. 5234 FILED DECEMBER 31, 1968 SITUA TED A T GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-33-02-27 SCALE 1"=30' SEPTEMBER 11, 2008 AREA = 21,289 sq. ft. 0.489 ac. CERTIFIED TO: SUSAN DeLEO UNAUI~ORIZED ALTE~A~ON OR ADDmON TO THIS SURVE~ IS A VIOLATION OF SECllON 7209 OF TE~E NEW YO~K STATE EDUCatiON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT DE CONSIDERED TO BE A VAUD TRUE COPY. CERllFlCAllONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INS13TUTION USTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTI- THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor ~tle Su~eys -- Subdivis~ns -- ~te Plans -- Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAIUNGADDRESS 322 Roonoke Avenue P.O. Box 1951 Riverheed. New Yo~ 11901 Riverheed, New York 11901-0965 FORM NO. 3 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEAL~ DATE: August 6, 2008 TO: Susan DeLeo C/O Chrysa Pasqualone, PC 53345 Main Road Unit 5-03 P.O. Box 846 Southold, NY 11971 Please take notice that your application dated August 5, 2008 For permit merger determination at: Location of property: 1225 Green Hill Lane Greenport, NY County Tax Map No. 1000 - Section 33 Block 2 Lot 27 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the north (SCTM # 1000-33-2-28) pursuant to Article II Section 280-10, which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature CC: file, Z.B.A. TOWN O.F SOUTIIOLD BUH.DING DEPARTMENT TOWN HALL SOUTROLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 76~=9502 SoutholdTown. NorthFork.net PERMIT NO. __ Examined ,20 ~UIHUI_D 8UILVI~ L1F_F'T 16517655~ BII~DING PERMIT APPLICATI~E~LIST Board 0f II~lth TC , Building Inspe. ctor APPLICATION FOR BUILDING PERMIT Date__ ,20 INSTRUCTIONS a, This application MtJST be complcK:ly fdl '~t in by typewriter or in ink and submitted to the Building lnspta;tvr with 4 sets of plans, accurat~ plot plan to .scale. Fee according lo ~hedule. b. Plot plan showing location of lot and of buildinc~ on premises, relationship to adjoining p~mi~u's or public streets or a~aa. and watcrwaya. e. The work coveted by thla application may not be commcne<d bel-o~ issuance of Building l'lxmit. d. Upon approval of thls application, the Building hiapc~tor will issue a Building Permit to thc applk$-m. Such n permit s ~'l~all b~ kc'pt on the pcemises available: for inspection throughout thc work. e. No buildiug ah&Il he occupied or ua~d in whole or in par for any purpose what ao ever until the Bui[ding Inspector issues a Ce~t/ficate of Occupa~c:y. f. Ever~ building PemUt shall expire if the work authoriz~ has not ~x~mme~ced within 12 months aih:r 0~e date or' issuance or has not been completed within 18 mouths from such date. If no zoning am~mhnem~t or other regulations a fl'c~ting property have been enadcd in d~ imerim, the Building lmpcclor may authorize, in writing, thc c~lcnaion of the permit tbr addition six months. 'l'ber~'d/cr, a m:w pemfit shall be required. APPLICATION IS HEREBY MADE to thc: Building Department for the issuance ora B0.ilding Permit pursuant Building Zone Ordinance o£thc Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or RegulaLion.% for the construction et buildings, uddltkms, or alterations or for removal ur demolition as herein described. Thc applicam alp'cos to comply with all applicable laws. ordinances, building code, housing codi;, ired regulations, and to admi! authorized inapt, trots on pn.:mises and in building for ncc~aary inspections.~ { SiLmat}~ o~ app]ical~r name. ifa co~uralion) (Maihaa address, f applicam) State whether applicant is owner, lessee, agont, erclfitect, engineer, general contractor, electrician, plumber or builder (As nn the tan roll or latest deed) If applicmlt is a COrlX~raticm, signalllte of duly authimzrA officer (Name and title of corporate officer} Build~r~ Liciaisc No._. Plumber~ Licensc No. Elcctricians License No, Other Trade's License No.__.. I. Location of land on which proposed work will be done: Hovsc Number Street C~co o~-,c~ 0 .'LH~mlet I'GX] \\~MM County Tax Mnp No. 1000 S~.:tion_ c~ $ Subdivision Fihsd Map No. __ __ Lot State existing us~ and occupancy °f premises and intended usc and °ccupancy °f pr°Ix)seal c°nstract Existing usc and o~cepancy · N>/~ · b. h~tended use and occupancy 3. Nature of work (check which applicab e): New Building Repair __ Removal __ Demolition Addition Other 'W,,,k . Alteration (~scription) 4. 'Estimated Cost__~,- 3\ f~ ..... Fee _ {To be paid on filing ~is application) 5. If dwelling, uumbcr of dwelling units~l~! ~ Number of dwelling units on each floor__ If garage, number of cars ~ ! ~ 6. If'busine.~s, ¢omm¢rciul or mixed occupancy, specify nature and extent of each type of u.~e. 1~ / }~ ?. Dimcnaions of existing structures, if any: Front. l,.~ lax Rear Depth Height_ Number of Stories. Dimensions of same stroclur~ with alterations or additions: Front Rear Depth Height Number of Stories R. Dimensions of eutlre new constructioo~ Front Rcar_ __Depth_. Height _ Number of Stories 9. $izcoflot Front__ __ Rear __Depth_ 10. Date of Purchase Name of Former Owner 1 I. Zone or u.se district in which premises are situated __ 12. Docs proposed cunstruction violate ally ~'x n ng aw ordinance or regulation'/YES__ NO __ NO will excess fill be removed fi'om premises? YES NO l 3, Will lot be re-gilt(ted.,) YES 14. Names of Owner of promises Address. Phone No. Name of Architect __ Address. Phone No. Namc of Coab-aclor __Address Phone No. i 5 a. is this property within 100 feet of a tidal wetland or a freshwater wotland'! *Y~S NO__ * [F YES, $OUTHOLD TOWN TRUS'I~E$ & D.E.C. PERMITS MAY BE REQUIRED. b, la this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. pERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lin~. 17. If elcvatioo at any point on property is at I 0 fi:ct or below; must provide topographical data on survey. 18. Arc there any eoveamnts and r~tfictions with reapeet to this propealy? ' YES __ NO__ * IF YES~ PROVIDE A COPY. STATE OF NEW YORK) co~ ?tac-~Cc~t. Wx\(~ ?ff-.,"a ~i,,g duty sworn, d~ and says that (s)he is the appli~mt ~dividtml si~g uontract) a~ve ~mmcd. (S)ae is the ..~0~ .. ..- ({) tractor. Agent, {~atc Officer, 6e.) tl~ all state, ts ~n~l in this appli~fi~ ~ ~e to t~ ~1 of ~s ~owl~tgc md bc~l and that the work will pettbtmed in 0a~$ manncr set tbrth m the a~llcation fil~ therewith, ~ ~N$~m, State o{'~;w York ~ No. 5581910 Qualified fn Suffolk Coun~.,~ S~gnalu~' of~plicant ORIGINAL WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOAR Fee: $ ~ Filed by: L'~'/4~ _ Date Assigned:Assignment No. Office Notes: Parcel Location: House No, 11 q5 Street ~__ SCI'M 1000 Section 33 Block 02 Lot# ;>8 and Lot # ~7 20,908 sqf~ and 20,473 sq ft. Zone District Hamlet Greenport, NY ].1944 Lot Sizes APPLICATION BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): Francis J. Yak~b~m]¢~ , Rsq_~ Rwoo,~r ~e the Estate of Susan DeLco Mailing Address: 456 Griffing Avenue, Riverhead, NY 11901 Telephone No: 631-727-4100 Fax No. 631-727-4130 Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: mr~c~ Address: 456 Grifflng Avt=nn,~ I~xrorhmmctr ~ llqthl Telephone No: 631-72'3-4100 Fax No. - - Please specify who you wish correspondence to be mailed to, from the above listed names: }~ Applicant/Owner ~Authorized Representative 12Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~FOR: 0 Building Permit [] Certificate of Occupancy [] Permit for As-Built Construction ~ Other: merqer determination [] ChangeofUse [] Pre-Certificate of Occupancy Pro,,ision of the Zoning Ordinance Article Il Section 100-26 A prior application [] has li~as not been made with respect to this propert) under Appeal No. Yeur . (Please briefl)explain) Name o f ()',~. ncr: Parcel t. ot No. ZBA File # This rex iex~ is Ibr lots. ~hich have separate deeds recorded p. ri~.)~tJ i983 anJ undersize~l,"' A inerger determination has been issued b) the Toxin Building Inspector (c~p): attach6d)F - The zoning of these properties is presentl3: R40 ]'he size requirement lbr this zone is: 40tO00 ~Fhe lot to be unmerged is 20,908 square feet. The lot remaining is 20~473 square feet. square feet per parcel. I (we), Francis J. Yakaboski, Esq., Execul;~alt owners of the contiguous lots shown on the attached deeds, request a determination by the Board of Appeals to determine whether or not these parcels quality for a "waiver" under the merger provisions of Article Il, Section 100-26 of the Southold Town Zoning Code, and if qualified, to grant a waiver to unmerge Lot No. 27 I hereby submit all of the follo~ving documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not' refundable if this waiver is denied. 6. Other documentation as may be requested by the Board of Appeals. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under Appellate procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance ora waiver. Please check one or more of the tbllowing: [] The lot was not created b) approval of the Town of Southold, and x~as created by deeds dated lbr Lot # , and deed dated lbr Lot ti [] ]'he lot(s) in question has been approved by the Southold To~n Planning Board dated (attach cop3), The Iotfs) in question has approval and is shown on a subdMsion map approved b3 the Southold Toxin Board prior to June 30, 1983. * See attached. NLmlC t.)t' 0'~\ ncr I)arcel [dot No. [] The lot(s) in question is/are approved and/or recognized b> of Appeals prior to June 30, 1083. [] A certificate of occupancy ~xas issued / / lbr thc house on lot # APPLICANT'S REASONS: (I) Thc a'aiverwillnotresultin a significantincreaseinthe densit) ofthe neighborhood because: The hap as originally filed called for half acre 20,000 +/- sq. ft. lots. Upon information and belief ~he area is prmctimmlly fully d~w~loped and an increase of one additional buildinq parcel will not cause a significant increase in density. (2) The waiver would recognize alotthatisconsistent withthesize oflotsinthat neighborhood because: the map filed calls for lots of approximately 20,000 sq ft. (3)The waiver willavoid economic ha~ship because: the premises are currently owned by the Estate of Susan DeLeo and the unmorqer of the parcels will allow ~h~ Estate to pay debts incurred during Susan DeLeos lifetime and will also Drovide monies for Susan DeLeo's infant stepchild, who is the sole beneficiary of her Estate. (4) The natural details and character of the contours and slopes of the lot will not be significantly changed or alte~d in any manner, and there will not be a substantial filling of land afl%cting nearby environmental or flood areas because: deve%opment w~l not create any environmental issues. (Attach additional sheets if needed). See Attached. Cheryl A. g~! -~"~ Notar7 Pub/lc, State of N~ NO. 01BI..6OSeO~3 C Qu.al/! ed in Suffolk COl/II~ omrnm$ on Expires Mar. 1~0t I The parcels are designated as lots numbers 129 and 130 on g Shores at Greenport Section 5 filed in the Office of the Cler~ December 21, 1968 as map no. 5234. Historical mapentitl~TdMap'~a~a~terntu . ' '--- of the County 07 Sutlblk onI The parcels in question were acquired by August Larmann and Barbara Larmann as to lot #28 on the 14th day of June, 1979 as can be seen from the deeds provided. The vacant parcel, lot #27, was subsequently acquired by Barbara Larmann on the Ilth day of February, 1980 again as shown on the deeds attached. August Larmann and Barbara Larmann died barely a year a part. August Larmann died on the 3rd day of March 1998 and Barbara Larmann, his wife died on the 17th day of July 1999. As of result of their deaths, there was a merger since August's Estate passed to Barbara and this merger could not he avoided. Subsequent to the death of Barbara Larmann, as part of the settlement of her Estate, a deed was issued for Lot #28 from the Executor of Barbara Larmann's Estate to Susan DeLeo and Wayne Deleo, her husband. Susan DeLeo and Wayne DeLeo were not represented by counsel during the distribution of Susan's mother's Estate. Thus, inadvertently, on the same day, that is the 1st of March, 2000, a second deed was issued for Lot #27, the vacant parcel, which August Larmann and Barbara Larmann had sought to keep separate, was issued to Susan DeLeo and Wayne DeLeo, her husband. Realizing the error they had made, Susan DeLeo and Wayne DeLeo in 2003, March 3rd to be precise, executed a deed from the two of them to Susan DeLeo for Lot #27. Title continued to be held in this matter until September, 2007 when as part of a settlement of a long festering matrimonial dispute, a deed was executed by Susan DeLeo and Wayne DeLeo to Susan DeLeo as to 99% and to myself as to 1%. 1 perceived at that time that there would be a possible difficulty regarding merger but nonetheless as Ms. DeLeo's attorney, I did attempt to preserve whatever rights we might have as to the single and separate argument. The deed I refer to was signed on the 13th of September, 2007 and recorded on May 23, 2008. Susan DeLeo died on the 27th day of September, 2007 after an extended stay at Eastern Long Island Hospital. Ms. DeLeo's Estate as per her will dated the 7th of September, 2007 and admitted to probate on the 1 Ith day of December 2007, passes to her stepchild, Michelle, who is now 13 years of age. The Estate is burdened with substantial debt. There are unpaid real estate taxes owing to the County of Suffolk and Town of Southold and there are significant sums due to Eastern Long Island Hospital. As recited earlier, Ms. DeLeo died at Eastern Long Island Hospital after a stay of approximately 52 days. Ms. DeLeo did not have health insurance. The hospital bill exceeds $180,000.00. In addition to the hospital bill, there are unpaid doctor's bills and utility bills as well as other miscellaneous debts. Aside from the real estate we are dealing with here, there is only $11,344.00 in cash to pay outstanding estate obligations. The Estate has contracted to sell lots 27 and 28 for the total sum of $625,000.00. However, the purchaser, as part of the contract negotiations, has made this offer contingent on the fact that the parcels are single and separate parcels. It is likely that if an unmerger cannot be obtained that the purchaser will exercise his option to terminate the contracts and receive a return of down payment monies. I am advised by the realtor who has secured the purchaser for the estate that it is likely that the sale of the home and vacant parcel lot //27 as a single parcel would result in approximately $100,000.00 diminution in value. As can be seen then, this result would cause a serious economic hardship ultimately to Michelle DeLeo, the beneficiary of the Estate. I am aware of the fact that there is a public hearing scheduled for the 9th day of September, 2008 on a proposal to amend the provisions of section 280-11 of the Zoning Code of the Town of Southold. Of course we are at this point unable to determine if these proposals will be adopted, however, if they are adopted I would like to point that under proposed paragraph 1 it is clear that except for the 1% interest currently held by myself, there has not been a transfer to an unrelated person since 1979 when August Larmann and Barbara Larmann purchased lot//28. Further, it is evident and I would ask the Board to take notice of the fact that the lot is as large as the majority of improved lots within a 1,000 foot distance and further that the lot has been kept vacant and except for the driveway which is partially on lot 27 has been kept as a separate residential parcel since the filing of the map in 1968. FRANCIS J. YAKABOSKI September 2, 2008 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Susan DeLco Gentlemen: I enclose herewith original and six copies of applicatiou to unmerge parcels situate at Greenhill Lane, Greenport, New York. I also enclose copies of most recent tax bills, copies of deeds dated prior to 1983, copies of current deeds, copies of the current County tax map and an application check for $150.00. I also a copy of the determination made by the Building Department on the 6" day of August, 2008, to the effect that the lots were merged. A copy of the single and separate search prepared by skylinetitle is enclosed fbr the Board's review. 1 appreciate that it might not be possible to get this matter on lbr yonr September meeting, although I would like it if it could happen. This is a time sensitive situation since there are pending contracts of sale and I certainly would like to be on the October calendar at the outside. Thank you. ~'~ J Q/akal~oski FJY:cb Enclosures FRANCIS J. YAKABOSKI email: francis_yakaboski @ yahoo.c om September 17, 2008 Linda Kowalski, Clerk Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Francis J. Yakaboski/Susan DeLeo Dear Ms.~als~'~ I enclose herewith original and six copies of survey of Lot number 129 and Lot number 130 being tax map numbers 1000-33-02-28 and 1000-33-02-27 to accompany my pending application. If for any reason and I would like to save money for the estate if I can, the Board feels it wants a survey showing an overall plat of both lots together, please let me know. Thank you. Very truly yours, Fran~, FJY:cb Enclosures FRANCIS J. YAKABOSKI (631) ~27 4100 FAX (631) email: fran¢is_yakaboski @yahoo.eom Linda Kowalski, Clerk Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 September 18, 2008 ~,A,-~D OF APPEALS ae~ Application of Francis J. Yakaboski/Susan DeLeo Waiver of Merger Dear Ms. Kowalski: I appreciate that the Board is bus3' with applications but I am asking that you or the Board give some consideration to placing this matter on the calendar as promptly as you can. As you perhaps are aware from my application, Ms. Deleo has died and the application for the waiver of merger is time sensitive owing to the fact that contracts exist for the sale of the land and for the further fact that there are significant outstanding bills which need to be attended to concerning this estate. Barring any objections to the application, I would need only 15 minutes or so to present this matter. Thank you. Very t~ Francis- .~Yak/oski'* FJY:cb TOWN AGE NEW OF SOUTHOLD PROPERTY RECORD CARD STREET IL? ~H · ',:,, ,, . FARM DATE ~.%..1 t,./~,,"7/1 I VILLAGE BUILDING CONDITION NORMAL BELCA~,/- ABOVE Acre Value Per Vclue Acre IW .o I JCOMM. CB, MICS. Mkt. Value DIST. SUB. LOT t bO AC~. _ I TYPE OF BUILDING Ti'rlab[e FRONTAGE ON WATER Wood/and FRONTAGE ON ROAD V,eadow]'a,nd DEPTH -~ouse Plot BULKHEAD Fatal DOCK ~33--2, - 2, ¥ TOWN OF.~OUTHOLD ~ S~S. VL. FARM CO~. R~'~I~ ~ DATE J iMP, TOTAL PROPERTY RECORD CARD VILLAGE CB. MICS. ! DIST.J SUB. ,~' LOT/~:~ q , ACR. J ~PE ~ BUILDING Mkt. Value REMARKS V. f20,~0 AGE NEW NORMAL FARM Acre TiffabJe J Woodland V, euduwland -louse Plol' BUfLD{NG CONDITION BELOW ABOVE Value Per Value Ac re FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK /(D / COLOR ,,L/.~ TRIM Porch j Foundation ~ ~ . Bath Basement Floors Ext. Wal~s Fire Prace !Type Robf Recreation Ro=.m Dormer Interior Finish Heat Rooms I IR.oorns 2nd FIoor D ri~ewc~y J OFFICE ADDRESS: 53095 ROUTE 25 - PO BOX 1409 SOUTHOLD NY 11971-0499 473889 33.-2-27 · ,~ TOWN OF SOUTHOLD ~, DE ' ~Q]I)LIDATED REAL PROPERTY T~ILL CEMBER l,q~fl7 - NOVEMBER 30, 2008 - TAXES BECOME A LIEN I~MBER I, 2007 IF THE WORD 'ARREARS' IS PRINTED HERE SEE 239 ON REVERSE SIDE. *ARREARS 17 3740 1225 Green Hill Ln 0.48 311,084,310 2,695 311 Res vac land DeleD Susan 10 Waters Edge Ct ~ Babylon, NY 11~' ' ,- DeleD, Susan 1,000 1,000 First Half: 3739 Second Half: 3739 $O.00 1,000 100,000 LEVY DESCRIPTION I LEVY% TAXABLE VALUE TAX AMOUNT TOTAL TAX AMOUNT Greenport School 64.43% 1,000 585.868 3.90% 585.87 Greenport L bran/ 3.06% 1,000 27.800. 3.10% 27.80 Suffolk County Tax 1.88% 1,000 17,097 8.30% 17.10 17.10 Southold Town Tax NYS Real Prop TaxLaw E-W Protection FD Waste Water Distdct Solid Waste District 0.45% 5.53% 0.00% 1.57% 1,000 1,000 1,000 1,000 23.07% 209.80_~ 4.077 50.299 .033 14.292 -57.90% 8.50% -82.20% -20.90% 4.08 50.30 0.03 14.29 FIRST HALF TAX 454.63. I SECOND HALF TAX 454.64 I TOTAL TAX LEVY · 909.27 DUE DEC~cW/T~HaO~UcT~P.E,N~AL~TC~T~O~,J,A,N~ 10 2008 IDUEDEC I 2007PAYABLEWlTHOUTPENALTYTOMAY31.200~ SEEREVERSEI ~ SEE REVERSE SIDE FOR PENALTY SCHEDULE I SiDE FOR PENALTY SCHEDULE AND COUNTY TREASURER S N(~'~iC~E'~ b THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS o~'~'lcE A~D~ESS: TOWN OF SOUTHOLD (.~,.:~ iIOIJRS & PHC)NE 53095 ROUTE 25. ~ P.O BOX 1409 CON~ REAL PROPE} TAX MON-FRI 8:00 AM TO 4:00 PM $OUTI~0LD, NY 11971-0499 DECEMBER 1, 2 t, 2007 631-765-1603 FA.X: 631 765-5189 473889 33.-2-28 239 COUNTY TREASURER'S NOTICE ON REVERSE SIDE. *ARREARS 17 3741 1135 Green Hill Ln 0.47 311,084,310 210 1 Family Res Deleo Susan Deleo Wayne ..M.~ 10 Waters E~I~ Babylon, NY 11702 First Half:. 3740 Second Half: 3740 LEVY OES R I N Greenport School Greenport Library $0.00 $0.00 LEVY % TAXABLE VALUE 64.43% 6,100 3.06% 6,100 Deleo, Susan AS~ES~F.D VALUE 6,100 585.868 3.90% 27.800 3.10°/, 1,100 6,100 TAX AMOUNT 10~% OF FULL VALUE 610~000 TOTAL TAX AMOUNT 3,573.79 169.58 Suffolk County Tax Southold Town Tax NYS Real Prop TaxLaw E-W Protection FD Waste Water Distdct Solid Waste District 1.88% 6,100: 23.07% 0.45% 5.53% 0.00% 1.57% 17 097 8.30% 209.84)1 9.00% 23.07% 6,100 4.077 -57.90% 6,100 50.299 8.50% 6,100 .033 -82.20% 6,100 14.292 -20.90% 104.29 1,279.79 24.87 306.82 0.20 87.18 104.29 279.79 FIRST HALF TAX 2,773.26 SECOND HALF TAX 773.26 TOTAL TAX LEVY 1~ 5,546.52 CONSXDER~TX1N . ~ ' ; ~ill~lMlll~Jll~'nm~tb ~F~. dayd ~ ~ jMhmleBm~d:~l~ 2003 SECTTON 03300 BLOCK 0200 LOT 027000 SUSAN DB LBO and I~AYNE ti. DE LEO, both resldln8 at 10 ~ateta 'Edge Court, Babylon, New York 11702 pmld by I~l im~y g the Ilcood pm~. does he.by Mnt lnd ,~-~ uflM the I~rty o~ the leered ~, a ~ ar f--,'.~s__ and tmdlm d t~e. lmfl~ of the m'~ pert forever. ~ that ceftabt/dot, I~eCe mc imrccl o! land. with the bigidinp and brq~ the~ cHcted, situate, lyimKmsdbet~l.El~ near G.:eenpott Villa8e, Town of Southotd, County of filed in the Office of the Cle~i ~.~the County. of Suffolk on December 31, 1968 aa Map No. ~. ;_v'/ · ' .o, ·A., grant made by H.J.S.T.a~d~&/''~i~.v ,o~ment Co,p. and J.H.$. Land on Hatch 8, 965 in tibe:~'~$7l'l~6.~lPaae 16. tad all tire estate and rf~ o~ the puny of the Fu~t lm.t h and to said pmnim: ~ HAV~ AND ~ HOLD the peemimm he~m Sainted unto the italy e~ the seemed Im~ the he~ m' sv~ewm~ NM amPEre d AND ~ pray d the tint pm covemnts us fidlo~s: that ~ m ~ ~, ~ ~ ~ ~ to~ ~ ~; ~t t~ ~ ~ t~ ~ ~fl ~i ~ TI~ w~d "1~ shah be ~ as if it rind "putiu"' whmtev~ the nme d this h-b,.u~ve so minion. execute ~e same; and ~ha~ n~d wimcss(es) m the: Lime sub~ribed his/Imflheir names) as a wimessfes) dmso. W~# Fu~ ~Nw ssc'no~ 03300 nt~c~ 0200 t~r 027000 · SUSAN DE LEO and ~AYNE H. DE LEO cot~r~c~Tow~ Suffolk County SUSAN DE LEO LA~ OFFICES OF DONALD T. RAVE Il THE PLAZA LOCUST VALLEY, NE~ YORK 11550 February . r, iMm,,fl h~.,t~bed ~od eighty , by RAYMOND $. LANGTRY, York 11933 p~i)(,t,~hr~,PU~.~n~BARBARA LARMAN, residing at 222-14 93rd Road, ~ueen~ V'illa~e, New York 11428 lO00 ~Sec. ot -~uffol)~ an~. ~l~are o~ Ne'd York and designated ns ~-ot: ~o. 1970, anu recorded in the Suffolk County Clerk's Office in Liuer 6~23 at page 488 on October 15, 1970. ~OGioT.{ER ,JITI~ beach rights and access thereto as described in day of i~arch, 1965 arid recorded iu ~he Suffolk County Clerk's Office on March 18, ~965 in Liber 5716 a~ page 16. ,".IAR 6 1980 die .Irate 3nd ri~h~s (d the put)' ~ thc ~us pIR nm lad tO I?d p~efmse~, ~tJ ~Av~. A~i.U .,,~ ~ ,-_ ICA?ltR~' W. LANG'I'R¥' 'by her Attorney in Fact 19 · ~O~e~ Of ·~to£.ey da~ed 1~/~9/79 al,d in~ended %o be THEO~RE G. jUG~CL~. NO. 52-0518075 AND SALE DEED ~ ............ TO ~,, 1000 -. 0330~ ,,,:,131 ~ ~ m~k u~ 14thday o! June , ~te~u hundr~ aadseventy-nine VINITA.M. BASSAREAR, surviving tenant by ~e entirety, residing at 1135' Green Hill ~ne, Gr~n~rt, New York 11944, AUGUST R. ~ and BARBARA LAJ~4ANN, his wife, bo~h residing at 222-14 93rd Bold, 0ueane Village, New York 11428, ~ tk,M the I~rt~ of tJ~e first jmrt. in ¢oflsS,lerati~m of .......................... TEN ($10.00) ....................... -dolhrs. Jig, tuG m~e..*~ cd ~be United -~tMe,. and other g~ and valuable consideration ~ ~ ~ ~ ~ ~ ~,,~ i~. ~ ~r~ grant a~ re~,~ u~to t~ ~y of t~ ~n~ ~, t~ ~rs or ~ t~ c'C~n l'~* j*~r ~r [,~rc~ oi ~x~l. ~ith ~ h:lildlngs a]v~ impro~en~ms tl~r~m er~t~], slt~e, I~~ near Green~rt Village, T~n of Southold, County of Suffolk and State of N~ York, and designated as ~t ~. 129, ~ a ~rtain ~p entitle, "Map of Eastern Shores at Green~rt, S~tion 5', filed in the Office of the Clerk of the County of Suffolk on ~ce~ber 2~, 1968 as M~p No. 5234. BEING AND INTENDED TO BE the s~ premises conveyed to Kenneth W. Bassarear and Vinita M. Bassarear by deed dated March 15, 1977 and recorded in the Suffolk County Clark~e Office on M~rch 18, 1977 in Libor 8207 page 134. .JUN 1 8igTg t 19 Immm~m m ~mmmmm ~mm Irvin9 L. Price, Jr., Esq. 828 Front Strut Greenpo£t. New York 11944 :-,, ? BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR (INDIVIDUAL) THIS IS A LEGALLY BINDING INSTRUMENT. IF NOT FULLY UNDERS: ALL PARTIES TO THE INSTRUMENT CONSULT AN ATTORNEY THIS INDENTURE, made the ay of September, 2007 BETWEEN Susan DeLco, residing at 1135 Greenhill Lane, Greenport, New York 11944 and IEFORE:SIGNIN~. Wayne M. DeLco, residing at l0 Waters Edge Court, Babylon, New York 11702 party of the first part, and Susan DeLco, as to a 99% in. terest, residing at 1135 Greenhill Lane, Greenport, New York 11944 and F~'ancis J. Ya~/ski, as to a 1% interest, residing at 1668 Sound Avenue, Calverton, New York 11933, as party of the second part: WITNESSETH, that the party of the first part, in consideration of one dollar and other good and valuable consideration, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport Village, Town of Southold, County of Suffolk and State of New York, and designated as Lot No. 129, on a certain map entitled "Map of eastern Shores at Greenport, Section 5", filed in the Office of the Clerk of the County of Suffolk on December 21, 1968 as Map No. 5234 BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated March 1,2000 an,,~.~cor, d~dn the Suffolk County Clerk's Office on Mamh 28, 2000 in Liber 12030 page 442. ,,. · .,. TOGET~I~'R with all right, title and interest, if any of the party of the first part in and to any streets and road abutting the above described premises to the center lines thereofi TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns forever. And the party of the first part covenants that he has not done or suffered anything whereby the said premises have been encumbered in any way whatever. AND the party of the first part/grantor, in compliance with Section 13 of the Lien Law, covenants that the party of the first part/grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" or "grantor" shall be construed as if it read "parties" or "grantors" whenever the sense of this document so requires. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. In presence of: ' WAYN~E M. D~ NYSBA Residential Real Estate Forras on HotDocsa (9/00) Copyright Capsotl' Development Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ) On the "~3/'th day of September in the year 2007, before me, the undersigned, personally appeared Susan DeLeo, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacity(les), and that by their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NO. 018E8161888 - 8UFFI~ILK (J~tlNTY ~ t~ (signature and office of individual taking acknowledgment) Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ) On the ! 3 day of September in the year 2007, before me, the undersigned, personally appeared Wayne M. DeLeo, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacity(les), and that by their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ,,---.,- BARGAIN & SALE DEED Susan DeLeo and Wayne DeLeo TO Susan DeLeo and Francis J. Yakaboski Section 033.00 Block 02.00 Lot 028.000 County Suffolk Return By Mail To: Francis J. Yakaboski, Esq. P.O. Box 389 Riverhead, New York 11901 Reserve This Space For Use Of Recording Office NY";BA Residential Real Estate Forms on HotDocs~ (9/00) Copyright Capsofff Development Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 18, 2008 By Regular Mail and Fax Transmi.~,ion Francis J. Yakaboski, Esq. 456 Griffing Avenue P.O. Box 389 Riverhead, NY 11901-0203 Re: ZBA # 6229 - Waiver of Merger (DeLeo Estate Property) Dear Mr.~aboski: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at its Meeting of November 13, 2008, filed with the Office of the Town Clerk. A copy was also provided to the Building Department for their updated records. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Encl. s]cylinetitle Chrysa Pasqualone, PC 53345 Main Road Unit 5-03 P.O. Box 846 Southold, NY 11971 State of New York ) County of New York ) SS Our File No.: SKY-S-216 July 31,2008 Skyline Title Agency, LLC as agent for United General Title Insurance Company certifies that SUSAN DeLEO as to a 99% interest and FRANCIS J. YAKABOSKI as to a 1% interest, as tenants in common are the owners of record of the premises known as: DISTRICT: 01000 SECTION: 33.00 BLOCK: 02.00 LOT: 28.00 having acquired title thereto by deed dated 9-13-2007 and recorded 5-23-2008 in Liber 12552 page 96 and that SUSAN DeLEO is the owner of record premises known as: DISTRICT: 01000 SECTION: 33.00 BLOCK: 02.00 LOT: 27.00 having acquired title thereto by deed dated March 3, 2003 and recorded March 21, 2003 in [,iber 12241 Page 703. That we have made a search of the records of the Suffolk County Clerk and that search shows that neither the said owner nor any predecessor in title of the said premises owned contiguous property at any time since June 14, 1979 except: None. This Certification is made with the intention of the reliance thereon by the Town of Southampton. The limit of liability trader this certificate tbr any reason whatsoever, whether based on contract or negligence shall not exceed $ t ,000.00 and shall be confined to whom this certificate is addressed. Skyli~ Title, LI,C Cotmsel S~vorn to me this 3,1%f July, 2008 CHRISTOPHER SCHWARTZ Notary Pub!ic~ S*,ate of New York Ne. 01SC60827~ 7 Qualified in Hew York Commission Expires Nov. 4, 600 Third Avenue, 18th Floor, New York, NY 10016 p: 212.3244100 F: 212.324.4101 www. skyllnetitle.blz SKY-S-216 1000 1000 33.00 02.00 33.00 02.00 028.000 028.000 DIST. 1000 SEC. 033.00 BLK. 02.00 LOT 028.000 (P/O Subject Premises) VINITA M. BASSAREAR, as surviving tenant by the entirety TO AUGUST R. LARMANN AND BARBARA LARMANN, ux August R. Larmann died 3-3-1998 Barbara Larmann died 7-17-1999 DEED D- 6-14-1979 R- 6-18-1979 L- 8644 P- 131 JOSEPH E. NOLAN as Executor of the Last Will and Testament of Barbara Larmann TO SUSAN DeLEO AND WAYNE DeLEO, her husband DEED D- 3-1-2000 R- 3-28-2000 L~ 12030 P- 442 SUSAN DeLEO AND WAYNE DeLEO TO SUSAN DeLEO as to 99% interest and And FRANCIS J. YAKABOSKI as to 1% interest DEED D- 9-13-2007 R- 5-23-2008 L- 12552 P- 96 LAST OWNER OF RECORD DIST. 1000 SEC. 033.00 BLK. 02.00 LOT 027.000 (P/O Subject Premises) KATHRYIN W. LANGTRY TO BARBARA LARMANN Barbara Larmann died 7-17-1999 JOSEPH E. NOLAN as Executor of the Last Will and Testament of Barbara Larmann TO SUSAN DeLEO AND WAYNE DeLEO, her husband DEED D- 2-11-1980 R- 3-6-1980 L- 8788 P- 513 DEED D- 3-1-2000 R- 3-28-2000 L- 12030 P- 443 SUSAN DeLEO AND WAYNE DeLEO TO SUSAN DeLEO DEED D- 3-3-2003 R- 3-21-2003 L- 12241 P- 703 LAST OWNER OF RECORD DIST. 1000 SEC. 033.00 BLK. 02.00 LOT 026.00 Property to the NORTH H.J.S. LAND & DEVELOPMENT CORP. TO DIMITRIOS NIKAS AND ELISA NIKAS, his wife DEED D- 1-18-1969 R- 1-24-1969 L- 6495 P- 320 DIMITRIOS NIKAS AND ELISA NIKAS TO JOHN L. VANEK AND LINDA L. VANEK, his wife DEED D- 12-12-1984 R- 12-20-1984 L- 9699 P- 491 JOHN L. VANEK AND LINDA L. VANEK TO GEORGE LEVENDIS AND LILLIAN LEVENDIS, his wife DEED D- 9-23-1988 R- 10-13-1988 L- 10711 P- 543 LASTOWNER OFI~CORD PROPERTY ON THE EAST GREEN triLL LANE DIST. 01000 SEC. 033.00 BLK. 02.00 LOT. 030.00 P/O Property to the SOUTH H.J.S. LAND & DEVELOPMENT CORP. TO HARRY A. MULHALL AND DONNA J. MULIIALL Husband and wife DEED D- 2-6-1970 R- 2-9-1970 L- 6702 p- 443 LAST OWNER OF RECORD DIST. 1000 SEC. 033.00 BLK. 02.00 LOT. 029.00 P/O Property to the SOUTH THOMAS G. KILLIAN AND VERA S. KILLIAN, his wife TO VERA STANIC KILLIAN DEED D- 4-26-1975 R- 4-26-1975 L- 7836 P- 527 Vera Killian died 7-21-1977 WILLIAM HESHES AND MARGARET HESHES As Executors of the Last Will and Testament of VERA STANIC KILL1AN TO ALICE L KILLIAN AND SYBIL N. KILLIAN DEED D- 7-28-1988 R- 10-3-1988 L- 10704 P- 170 ALICE I. KILL1AN AND SYBIL N. KILLIAN TO MARJORIE SNYDER AND ANN NoTTES DEED D- 3-1-1999 R- 3-15-1999 L- 11951 P- 189 LAST OWNER OF RECORD DIST. 1000 SEC. 033.00 P/O Property to the WEST H.J.S. LAND & DEVELOPMENT CORP. TO MOSCOS J. ECONOMID1S AND MARY ECONOMIDIS, his wife BLK. 02.00 LOT. 020.00 DEED D- 12-29-1967 R- I-4-1968 L- 6282 P- 484 MOSCOS J. ECONOMIDIS AND MARY ECONOMID1S, his wife TO MOSCOS J. ECONOMIDIS DEED D- 1-13-1996 R- 1-28-1996 L- 11760 P- 105 LAST OWNER OF RECORD DIST. 1000 SEC. 033.00 P/O Property to the WEST H.J.S. LAND & DEVELOPMENT CORP. TO EMMANUAL P. FIGETAKIS AND FOTINE FIGETAKIS, his wife BLK. 02.00 LOT. 019.00 DEED D- 12-29-1967 R- 1-4-1968 L- 6282 P- 488 LAST OWNER OF RECORD FRANCIS J. YAKABOSKI (631) 727-41OO October 28. 2008 Zoning Board of Appeals Town of Southold 53095 Main Road Town Hall Building P.O. P,o× 1179 Snuthold, New York 11971-0959 Re: Application of Francis .I. Yakaboski/Susan DeLeo~6_~,) Waiver of Merger Attention: l,inda Kowalski Dear Ms. Kox~alski: I am enclosing herewith a copy of a decision of the Court of Appeals of'thc State of Ncxx York entitled In thc Matter of l';llintlton Constrnction Corp., Respondent v. Zonimz Board of Appeals of the Incorporated Village of New Hempstead. This case is reported at 77 New York Reports, 2nd at page 114. This case deals with thc issue of merger and is one which in particular the Town of P,_iverhead relies on and refers to when dealing with lhe issue of merger in subdivisions xvith what are now substandard lols. I am sending a cop) el'this letter and decision to Mr. Corcoran fbr his review as well. l'hank 3ou. Very Enclosure cc: Kieran M. Corcoran. I!sq. 114 77 NEW YORK REPORTS, 2d SER/ES ~t~ement ~ C~ze In the Matter of ELLINGTON CONSTRUCTION CORP., Respondent, V ZONING BOARD OF APPEAI~ OF THE INCORPORATED VlI~ t,~og or Nrw HEMrST~U, Appellant, Ar~ed November 1~, 1990; decided December 20, 1990 SUMMARy APrgA~., by permission of the Court of Appeals, from an order of the Appellate D/vision of the Supreme Court in the ~Second Judicial Department, entered December 13, 1989, which moditled, on the law, and, as modified, affit~ned e judgment of the Supreme Court (Peter P. Roasto, J.), entered in Rockland County in a proceeding pursuant to CPLR article 78, granting the petition, annulling respondent's determine- tion dehying petitioner's application for a building permit to construct a house on lot D-10 in section two of petitioner's subdivision or, in the alternative, a variance, and directing the Village building inspector to issue petitioner a building permit for lot D-10 and the other lot~ in the subdivision if, as, and when petitioner maker an application for same. The modifica- tion consisted of requiring petitioner to fulfill certain condi- tions in order to obtain the building perm/te. Matter of £llington Constr. Corp.. v Zoning Bd. of Appeals, 152 AD2d 365, affirmed. ' HEADNOTES ~Muntcipal Corporations ~ Zonh~g -- Change in Zoning -- Common- Law Voatad Rights -- Statutory Exemption Period 1. Village Law § 7-708 (2) which, for a village having both a Planning Board and a Zoning Board of Appeals, provides an exemption period of ithrca yearn after the filing of a subdivision plat during which an amend. ment increasing lot area or dimension requirements shall not "bo applicable to or in any way affect any of the lot~ shown and delineated on such luhd,ivision plat" Cv'ilinge .Law § %708 [2] la]), was intended tn permit a eveioper to secure the right to complete a subdivieion in accordance with the existing zoning requirements by manifasting a commitment to the ~xecution of the subdivision plan through completing improvements and :recurring expenditures in connection therewith, during the exemption pc- rind, ~uflicient to constitute vesting under common-law rules. Accordingly, '~zhore prior to the Village increasing the applicable area and dimension requirements, the owner of an approved subdiviaioa {'ailed to complete it or ~o apply for building permits on ell of the proposed lots, but did take ~ul~cient steps toward completion of the proposed subdivision during thc exemption period cf section 7-708 (2) to acquire common-law veetod rights, the ownar ia exempt from compliance with the new, more stringent area ~md dimension requlrementa when It applies for building permi~ for its l~maining Iota. of pet ed[ ] sell rig 'fail ,lng eta a/l! Sys fnc, Ow dad v~ bec ELLINGTON CONSTR v ZONING BD [77 NY2d 114] Peln/~ el' Caun.el Municipal Corporations ~ Zoning -- (~hLufe in Zonln6 ~ Sufficiency o/' Meai'urea Taken to Acquire Common. Law Vested Righb 2. Petit/chef, the owner cfa sub(f/v/sion approved prior to the amendment o~' the Vfllage*c seeing ordinance wh/ch increaJled the applicable area and dimermion requirements, took sufficient st~ps toward completion et' the proposed cul:~/lvtsion before the exemption period et' Village Lmw § 7-708 (2) expired to &:quire Common-law veit~d r/Khts to obtain bufldin~ permlt~ in accordance with the provlainns oF the former zou/n~ ordinance where petitioner mede substantial Jmprovemeflte and expend/turel including tho inatalletion of dra/nep/'ac|lit/me, water and newer ]ine~, fire hydrenta, cur~ and curb cut, and Under&*round telephone and slsctr/c *~rv/ce pr/or to the amendment, and the ieetallation o/' a paved road, with the VUla~e*x knowl. edSe, a/tor tbs amendment. TOTAL CLIENT.SERVICE LIBRARy~ REFERENCE8 A,~ Jva P.d, Zoning and Planning, §~ 167, 168, CLS, Village Law § 7-708 (2), N~ Jt*a 2d, Build/n~s, Zoning, and Land Controls, § 66. ANNOTATION.REFERENCE See Index to Annotations Under Amendment; Subd/vi- alone; Zen/ag. POINTS OF COUNSEL Doris ~.. ~flman, Village Attorney (Frank I/Brown of corm- scl), for appellant. L Petitioner could not have acquired vested rights to hufld on all of its vacant subdivision lots, because it failed to obtain building permits therefor prior to the upzon- lng which occurred after the exph~ation of the three-year statutory exemption period. (Freundlich v Town Bd. of South. arnpton, 75 AD2d 684, §2 N'Y2d 921; Town of Shawangunk v Goldwil ~r'ro'ps. Corp., 61 AD2d 693; Eastern Paralyzed Veter. ans Assn. v Metropolitan Transp. Auth., 79 AD2d 516; Murphy v Board of Educ., 104 AD2d 796, 64 NY2d 856; Parochial Bus Sys. v Board of Educ., 60 NY2d 539; Matter of Poczatek v Zoning B,~. of Appeals, 26 AD2d 556; Matter of Clearview Gardens Pool Club v Foley, 19 AD2d 905; Matter of Downey v . Incorporaled Vil. of Ardsley, 3 AD2d 563; Elsinore Prop. Owners A.~sn. v Morwand Homes, 286 App Div 1105; Telimar Homes v Miller, 14 AD2d 586.) II. A developer's offer of . dedication of open-space land does not enable it to acquire vested rights to build on all of its vacant subdivision lots, because otherwise it could be permitted to build a larger 116 77 NEW YORK REPORTS. 2d SERIES P~inl~ of Counsel number of dwelling unit~ in an average density subdivision than would be permitted in a standard subdivision in contra- vention of State law. ('Ward v City of New Rochelle, 20 Misc 2d 122, 9 AD2d 911, 8 NY2d 895.) III. The denial of the variances was correct because petitioner did not present any evidence comparing its acquisition price for the subdivision with the present value thereof, failed to demonstrate that it could not obtain a reasonable return on its investment in the subdivi- sion, and therefore never demonstrated significant economic injury. (Matter of Fulling v ,~alumbo, 21 NY2d 30; .Matter of Point Lookout Civic Assn. v Zoning Bd. of Appeals, 112 Mi~c 2d 263; Matter of National Merritt v Waist, 41 NY2d 438; Matter of Cowan v Kern, 4'1' N'Y2d 591; Matter of Franchise Realty Interstate Corp. v Pisaturo, 75 AD2d 1003; Matter of Orchard Michael, Inc. v Falcon, 110 AD2d 1048, 65 NY2d 1007; Matter of Terra Homes v Rose, 133 AD2d 764; Matter of Gratiano v Scalafani, 143 AD2d 664; Matter of Vivest Bldg. Corp. v Auwater, 152 AD2d 582.) IV. The decision of respon- dent-appellant Zoning Board of Appeals that the standard of practical difficulties was not satisfied has a rational basis and is supported by substantial evidence, and therefore it should be sustained. (2flatter of Bockis o Kayser, 112 AD2d ~22; Matter of ~Vuhst v Foley, 45 NY2d 441; Human Dev. Serw. v Zoning fid. of Appeals, 110 AD2d 135, 67 NY2d 702; Goshen Shopping Assets. v Zoning fid. of Appeals, 112 AD2d 140; Matter of Macchia v Board of Appeals, 7 MJsc 2d 763; Matter of l~rational Merritt v Waist, 41 NY2d 439; Matter of Cherry Hill Homes v Barbiersj 28 NY2d 381.) V. The issuance of a buiJdln§ pernfit for any lot in section two of the subdivision is premature, because petitioner-respondent has not yet satisfied some ~f the subdivision requirements that are conditions precedent to such issuance. (Token Carpentry v Hornik, 92 AD2d 868; Matter of Ringewald v Struppmann, 14 AD2d 547; Matter of Coates v Planning Bd., 63 NY2d 800; Matter of Pearson Kent Corp. o Bear, 28 NY2d 396:, Marx v Zoning Bd~ of Appeals, 137 AD2d 333.) John S. Edwards for respondent. I. Ellington acquired a vested right to complete the subdivision in accordance with the earlier approval of the Town of Ramapo by reason of the nature and extent of the improvements made in reliance thereon and the irrevocable offer of dedication of park lands upon which said approval was conditioned. (Elsinore Prop. Owners Assn. v Morwand Homes, 286 App Div 1105; Matter of Putnum Armcnk v Town of Southeast~ 52 AD2d 10; Matter of ELLINGTON CONSTR v ZONING BD [77 NY2d 114.] 117 Opinion p~r lt~u~coc~t, J~, J, Andgar Assocz. v Board of Zoning Appeals, 30 AD2d 672; Telimar Hom~ v Miller, 14 AD2d 586; Freundlich v Town Bd* of Southampt.on~ 73 AD2d 684, 52 HY2d 921; Town of She. wangunk v Goldwil Props. Corp., 61 AD2d 693; Ward v City of New Rochelle, 20 Misc 2d 122, 9 AD2d 911, 8 NY2d 895; Lows v City of New York, 240 App Div 484, 265 N~ 583; Matter of Ackerman v Steise~ 104 AD2d 940.) II. Appellant Village should be equitably estopped from enforcing its more restric- tire zoning o~dlnaace against Ellington in the face of appel- lant's own actions. (Holm v C.M.P. Sheet Metal, 89 AD2d 229; Saszower v Baron~ 85 AD2d 81; Matter of Hampton~ Hoslo. & Msd* C~nter v Moore, 52 N-Y2d 88; Matter of Ussnski v Nadsl, 112 AD2d 684; Chinatown Apts. v New York City 7k Auth.," 100 AD2d 824; Incorporated Vii. of Freeport v Sanders, 121 AD2d 430, 68 NY2d 907; Matter of 1555 Boston Rd. Corp. v Finance Adm'~; 61 AD2d 187; Brennan v New York City Hous. Auth., 72 AD2d 410.) ~ Appellant abused its discretion when i~ denied Ellington's application for an area variance on the ground of practical difficulties. (Matter of Village Bd* of Vii. of Fayetteoille v Jarrold, 53 NY2d 254; Matter of Townwide Props. v Zoning Bd* of Appeals, 143 AD2d 757; Matter of Friendly Ice Cream Corp. v Barrett, 106 AD2d 748; Matter of Notional Merrett v WeisS, 41 NY2d 438; Conley v Town of Brookhaven, 40 NY2d 309; Matter of Fuhst v Foley, 45 NY2d 441; Matter of Wachsberger v Miehalis, 19 Misc 2d 909, 18 AD2d 921; Matter of Fulling v Palumbo, 21 NY2d 60.) IV. The court below correctly decided the secondary issues of road widening and the completion of all construction in section one, none of wb-ich bear on Ellington's vested right ~ continue development in accordance with the sub'division plat earlier approved by the Town of Ramapo. Barbara J. Samel for ~he New York State Conference of Mayors and Ot?ler Municipal Officials, amicus curiae. The decision of thE, court below unduly restricts the power of a municipality to upgrade zoning and to plan for the develop- mens of the municipality, a power expressly given to munici- palities by the State Legislature. (Matter of Off Shore Rest. Corp. v Linden, 30 NY2d 160; People v Fletcher Gravel Co., 82 Misc 2d 22; Matter of Eaton v Swseny, 257 NY 176; Stevens v Town of Huntington, 48 Misc 2d 604.) OPINION OF THE COURT I-D,~coc~, Js.., J. [1] For a village having both a Planning Board and a 118 77 NEW YORK REPORTS, 2d SERIES Opinion ptr H~coc~, ds., J Zoning Board of Appeals, Village Law § 7-708 (2)' establishes an exemption period o£ three years a£~r the filing of a subdivision plat during which an amendment increasing lot area or dimension requirements shall not "be applicable to or in any way affect any of the lots shown and delineated on such subdivision plat" (§ 7-708 I2] Iai). Prior ~o an increase in the applicable area and dimension requirements, the owner o£ an approved subdivision failed to complehe it or to apply for building permits on all of the proposed lot~. It did, however, take sufficient steps toward completion of the proposed subdi- vision, before the exemption period expired to acquire com- mon-law vested rights. The question presented by the appeal of respondent Zoning Board is whether the petitioner owner, IJy virtue of these veat~,d rights, is exempt from compllan~e with the new, more stringent area and dimension require- mei~ts when it applies for building permits for it~ remaining lots. Supreme Court and the Appellate Division bot3u held that the owner is protected under the exemption in Village Law 1. Insofar as is pertinent, Village Law § 7-708 provides: "2. (nj Nctwithstending any inconsistent provision of thi, chapter or 0£ any general, special or local law, the prouision~ of a zoning law hereafter adoptea~ and the precisions of a clmngs or amendment hereafter adopted to a zoning law which provisions establish Or incn~oac lot arsa$o lot dimensions which are greater than or in exas~ of the lot aries or let dimen~iorm o£the iota shown end delineated on s subdivision plat of land into late for residential uae and which .~id .ulx~viaion plat al.o chows and delineates one or more new otreata, road~ or highways in addition te lot line-, and dimecaiuca of the lot~ thereon delineated and which said eubdicizlan plat ho~ been duly appmoed by the planning board, fishy, of the village in wh;ch the land ~hown on said plat is eitua/~e, ur approved by ouch other board or officer, if any, of such vill~s, vested with authority to approve subdivision plate~ end which ~id subdivision plat or the ~tr~t section thereof has base duly filed in the office of the recording officer of the county in which ths ]and shown on ~tid subdivision plat is situate, or which provisions establish or increase side, rear or front yerd er set-back requiremante in excess' of tho~e applicable to building plats under the provision of tho aching law, if any, in force and affect et tho time of tho filing of tho said subdivision plat or firet section thorscf, shall not, for the period of time prescribed in parugraph Co)of this subdivision, be opplicable to or in any way affect any of the lots shown and delineated on such subdioision plat. "(b} If et the time cf the filing of the subdivision plat or first section thersof referred to in paragraph (el of thio subdivision there wes in the village both a zoning board and · planning board vested with authority to approve subdivision plate, then the exemption provided for in such para- graph shall apply for a period of three years a/2er, the filing of the eubdici- sion plat or first section thereof" (Emphasis added,) Pro~slane virtually identic~ to rheas in Village Law § 7-708 (2) are contained In Town Law § 265-s end Osneral City Law § 83-s. a ~r ~n n ELLINGTON CONSTR v ZONING BD [77 NY2d 114] 119 Opinion per I-L~cOC~, JR,, J. § 7-708 (2) (b), and we agree. There should, accordingly, be an affirmance. I On April 29, 1975, the Town of Ramapo Planning Board accepted, for filing petitioner's "average density" subdivision plat (zes~ Town Law § 281). As a condition of its "average density" approval, the ~own required that 12.105 acres of the 33.522 acres in the subdivision be/rrevocably dedicated to it for parldand purposes. The subdivision was approved for ~/evelopment in two sections, the first to consist of 9 lots and the second of 22 lots. On July 3, 197§, petitioner's predecessor dod/coted the parkland and thereafter, on September 24, 1975, the subdivi- sion pla/; was filed. On June 29, 1982, the town approved a revised subd/vieion plat. Th/e plat, filed on October 14, 1982, did not /n any way modify the or/ginal layout of the lots, streets and other improvements., Between 1980 and early 1984, petitioner built seven homes on section one of the subdivision. No homes were constructed in section two wh/ch had been laid out for lots having uddths of betwe'en 108 and 120 feet and areas complying with the 22,500 square-foot m/n/mum requirement of the Town of Ramapo ordinance. In 1984, when the Village of New Hempstead was incorpo- rated, the territory of the town wh/ch encompassed petition- er's subcLivision became part of tho Village. On January 2, 1986, the Village amended the applicable zoning ordinance to increase the minimum area requirement for average density lots to 35,000 square feet and the minimum width require- ment for such lots to 150 feet. Prior to this time, petitioner had installed various improvements on the subdivision includ- lng, on section two, drainage facilities, water and sewer linas, ~re hydrants, curbs and curb cuts, and underground telephone and electric service. ARer the amendment to the ordinance-- and with the Village's knowledge--petitioner installed a paved road on section two. In Jur~e 1986, petitioner applied for a building permit to construcl; a house on lot D-10 in section two. The Village buildinginspector denied the permit because petitioner failed 2. It ia.not d/aputed :hat the three-year exem tion erio at. issue began to run on ~he date the revised plat was filed loci. ~4, 19~2). d 120 77 NEW YORK REPORTS, 2d SERIES Opinion per .~NCOC~, Ja., J. to make certain public Lmprovements to a county road adjoin- icg the subdivision, and because the lot did not meet the amended, more restrictive Vi Jingo zoning requirements., With respect to this second reason, the inspector ruled that the exemption in Village Law § 7-708 did not apply inasmuch as petitioner had nos sought a building perwAt during the three. year exemption period. Petitioner then commenced its first article 78 proceeding to review the denial of its permit. Supreme Court dismissed this proceeding for petitioner's fail- ure to exhaust administrative remedies since it had not sought relief in an appeal Co the Zoning Board of Appeals.. Accordingly, petitioner appealed the building inspector's de- sial to the Zoning Board of. Appeals and, as alternative relict; requested a variance. W~en respondent Zoning Board of Appeals denied petition- er's application in all respects, it commenced the present article 78 proceedLng. Supreme Court annulled respandent's determination and directed the Village inspector to issue the building permit for lot D-10 and the other leto in the subdivi- sion "fi, as, and when petitioner makes an application for same". The Appellate Division agreed with Supreme Court's conclusion that petitioner had acquired vested right~ to com. plate the subdivision under the x)riginally applicable ax=a and dimeneion requirements, but modified by requiring petitioner to fulfill certain conditions in order to obtaJ~ the building permit.' Thi~ appeal turns on a quest/on of'statutory interpretation; the intended effect of the language in Village Law § 7-708 (2) creating the exemption. Respondent Zoning Board of Appeals contends that the statute aft'or(ia protection only for those lots in a filed subdivision which an owner has completed or for which it has actually obtained a building permit during the exemption period. Petitioner argues that the statute protects subdivision lots in which an owner has acquired common-law 3. The other reason ~ven for the den/al of the permit--i.e., Lhat peti- tioner failed f~ pay an Inspection fee---i~ not at issue on thL. appeal. 4. BoLh ~upreme ~urt and the Ap~IIa~ Di~ion also concluded ~a~ iF the new, more r~trlctive tuning r~uiremen~ were held to bs applic~ie despite the exemption peri~ ~ Village Law ~ 7-7~ (2~the ~ninE Bna~ of Ap~nl. lncknd n rational b~ for the denial of petitioner'~ r~u~t for a vaHance, la the light of our conclusion that petitioner w~ entitled to the ~neflt of the exemption prov~ion, we do not reach the variance issue. ELI,INOTON CONSTR v ZONLIVO BD (77 NY2d 114] 121 Opinion per H~cocx, J,., j. vested rights during the period, In construing section 7-708 as with any legislation, we first "look to the particular words for their meanin8, both as they are used in the section and in their contoxt as part of the entire statute." (l~ice v ~u~ice, 69 NYEd 8, 13.) For if the statute is unambiguous and its mean- ing er/dent from the language, as respondent contends, we need look no further/'see, Se~a v State of New Yor/~, 60 NY2d 163, 190-191). From the language of section 7-708 (2), as it applies to the V/liege of New Hempstead, there is no question: (1) that its pRrpase is to create an exemption from the operation of amendments imposing stricter area and dimension require- monte; and (2) that the per/od of the exemption is three years c. ommencin~ on the date of the Ming of the subd/vi~ion plat. But the st~tute conta/ns no language wh/ch prescribes the conditions wh/ch must be satisfied for an owner to receive the benefit of ihe exemption. It does not specify whether as a prerequisite for cla/ming the exemption for a particular lot, the owner roust, dur/ng the exemption period, have completed construction on the lot or obtained a bulJd/ng permit for such construction---or whether it is su/~cient if the owner has taken sui~cient steps toward completion of the subdivision under the ex/sting, more liberal zoning requirements to have acquired vested r/ghto in the remaining undeveloped lots. Tho only statutory mandate, is that th.e stricter requirements of t..he amende.d ordinance shall not * * 5e applica&ie to'or any way a/~ct any of the lots shown and delineated on such subdivision plat" (Village Law § 7-708 [2] la] [emphasis added]),. Exactly whit tho lots are protected f~dm--i.e., what is meant by the phrases "b~ appl/cable to" and "in any way afffect"--is not clear. It is necessary, therefore, to look beyond the words of the statu'~e.at the circumstances surrounding its adoption and to consider the policy reasons for enacting leg/slat/on in an area wh,~re common-law rules have long controlled .~rice v ~ic~, ~,,pro, at 13-14), being mindful, of course, that the "'leg/s]ative intent is the greet and controll/ng principle' "IJid., at 1t; -People v lrlyan, 274 NY 149, 162). V//lage La'~ § 7-708 (2) and its counterpart, Town Law § 265- a, were snac,~ed in 1960 iL 1960, cbs 1060, 1061). The Legisla- ture adopted a sim/Jar measure /'or cities in 1961 (General City Law § $~-a, L 1961, ch 275). Prior to these enactments, questions concerning the rights of owners of approved subdivi- sions to complete their subdivisions in accordance with the regulations ~,x/stin// at the time of their approve were gov- 77 NEW YORK REPORTS, '~d SERIES erned exclusively by the common law pertsJning to vested rights. The New York rule, both before and after the exemption statutes, has been that where a more restrictive zoning ordi- nance is enacted, an owner will be permitted to complete a structure or a development which an amendment has ren- dered nonconforming only where the owner has undertaken s~bstantial construct/on and made substantial expenditures prier to the effective date of the amendment (see, People v Miller, 304 NY 105, 107-109; Matter of Putnam Armonk v Town of Southeast, 52 AD2d 10, 14-16; 4 Rathkopf, Zoning and Plannh~g § 50.03 [3], at 50.2..5--5~28 [4th ed]; 1 Anderson, N York Zon/ng Law and Practice § 6.18, at 229-234 [3d ed]). doctrine of vested rights has generally been described as an application of the constitutionally baaed common-law rule pretect/ng nonconforming uses (see, People v Miller, supr~ at 107; 4 Rathkopf, o,v. Cit.; at 50-13, n 2). But the doctrine is also se.id to have been grounded on principles of equitable estoppel (see, Matter ofPokoik v Silsdorf, 40 NY2d 769, 773, and at 774 [Breitel, Ch. J., d/saenting]; 7 Rohan, Zoui~g and Land Use Centro/s § 52.08 [4], at 52-78--52-80; 4 Rathkopf, op. cit., § 1~0.04, at 50.41-~50.42). Whether rooted in equity or the common law, the operation and effect of the vested rights dm:trine is the same and it has been applied alike to a single building or a subd/v/sion (see, Matter of Putnam Arrnonk v Town of Southeaa~ 59. ADgd 10, supra,. Elsinors Prop. Owners Assn. v Morwand Homes, 286 App Div 1105, 1106-1107; Ward v City of New Rochelle, 20 M/ac 2d 122, affd 9 AD2d 911, 8 NY2d 895; 4 Rathkopf, op. oiL, § 50.03 [al [dj, at 50-39--50- 41) Under the vested rights doctrine as it applied to aubd/v/- sions (prior to the exemption statutes), nothing cut off the period during wh/ch a developer cou/d acquire vested rights after initial approval. On the other hand, not/ting prevented a municipality from subjecting the undeveloped Iota /n an ap- proved subdivision to more etr/ngent restrictions at any t/me after the plat was filed so long as vesting had not occurred. Protecting the owner depended entirely on the date of vest/ng relative to the effective date of the amended etd/hence. If veet/ng occurred [irst, the owner was protected. It mattered not when the events occurred w/th respect to the initial date of plat approval, but o~y which came first. The enactment of the statutory exemption provisions (Vii- Bu rn~ th~ or( act Un the la~ sub the adc we{ law the mm St., Yet o_n:t ELLINGTON CONSTR v ZONING BD [77 NY2d 114] 121~ Opinion p~r HA~COOa, Ja., J. lags L~.w § 7-708 [2]; Town Law § 265-e [2]; General City Law § 83-a [2]) obviously supplied something which the decisional law of vseted rights lacked: a specilic period during which the developer could secure the right to complete the unfinished lots fra~ from the requirements of the new~ more restrictive ordinanco and beyond which such right could not be secured. But the statutes did not define precisely what the developer must dp during the period to obtain the protection of the e~emptl.on. Respondent Zoning Board of Appeals contends that, under the statute, in order to achieve freedom from the amended ordinance for any uncompleted lot, a developer mt~t have actually completed the lot or obtained a building permit for it. Under ~;h/s construction, a developer which had done more than enough during the exempt/on period to acquire common- law vested rights for the remaiul~ undeveloped lots in the subdivision, would be required, nevertheless, to comply with the amended ordinance for these lots. Such construction, if adopted! would produce an extensive chan~e in the law, and would d*~privs the developer of what, but for the effect of the statute, would be its right to achieve vesting duri~ the exemption period under the common-law rule. It would, thus, contravene the established rule of construction that zoning legislation of the type in question which is "in derogation of the common law * * * must be strictly construed against the municipulity which * * * seeks to enforce [it]" (]t'Iiliter of Allen v ,¢dami, 39 NY2d 275, 1177; see, M,,tter of'IlO ~E. 102mi St. Cor~v. v M,,rdoc~, 285 NY 298, 304-306; 1 Anderson, New ' York Zoninl; Law and Practice § 1~7..01, at 740-743 [3d ed];"see ~,enerall. t~ McKinney's Cons Laws of NY, Book 1, Statutes § 153, at 331-332 ["(t)he courts will not construe a statute as -abol/sh/ng a common-law right in the absence of a clear intent on the pm~ of the Legislaturo"]). Contrary to respondent Zoning Board's pest,ion, a common- sense analysis of the leg/slative purpose o£ VillaIie Law ~ 7-708 and Tovm Law § 1165-a in the light of the circumstances surrounding their otis. hal enactment (L 1960, cbs 1060, 1061) does not sug;est that the legislation was intended to deprive a subdivision developer of its capacity to acquire vested r/ghts in a subdivision during the exemption period. The legislative history shows that the enactment was the culmination of a successfu,1 ]e~islative compromise between the views of the developm,'s end the ditTering views of the m~nicipalities and that representativse of both ~roups urged its adoption (see, 124 77 NEW YORK REPORTS, 2d SERIES Opinion per [L~t~coc~, JR., J. Mom of Westchester County Village Officials Aesn, Bill Jacket, L 1960, ohs 1060, 1061; Mere of Office for Local Government, id.; Mere of New York State Home Builder's Aeon, id.; Mom of American Institute of Planners, .id.; Mere in support of A 3834, id.). Indeed, Governor Rockefeller in his memorandum approving the legislation stated that the "put- pose of these bills is to reconcile the interests of home builders and developers who have made financial commitments relying on existing zoning ordinances, and the interests of tow"ns and villages in not being unduly restrained from upgrading zoning requirements" (1960 McKinney's Session Laws of NY, Mss- sages of Governor, at 2064). Petitioner's interpretation of the statute--that it was in- · tended to permit a de'eloper to gain vested rights during the exemption period--seems fully consistent with this legislative purpose of effecting a compromise in a statute which would fairly balance the conflicting interests of the developers and municipalities. Under petitioner's construction, each group gains something and gives up something. The developers gain the assurance of a definite period during which they can protect their subdivisions by securing vesting; they give up the possibility of protection under the statute ai~ter that period. The municipalities gain the authority to enforce an upgrading of their zoning requirements at any time after the exemption period and the assurance that the new requirements will bind any developer which has not by then achiaved vesting;, the municipalities give up their former unrestricted power' to subject a subdivision to new requirements at any time before the owner has acquired vesting rights. The view of the statute espoused by respondent Zoning Board, on the other hand--that a developer can derive no protection for the balance of its subdivision by achieving vesting during the exemption period--permits undeniably harsh results. Obviously, where a developer has completed a substantial portion of a subdivision, it could be faced with large losses and unanticipated additional cost if compelled to restructure its plans and dismantle and reconstruct subdivi- sion improvements in order to complete the remaining lots. Az has been observed, a rule of such stringency applying to subdivisions imposes a formidable barrier to development (4 Rathkopf, o.v. cit., § 50.05 [3], at 60-73) and actually impedes rational land use planning (id., at §0-72). Under established rules, we must presume that the Legislature could not have in~bnded respondent's interpretation of the statute which ELLINGTON CONSTR v ZONING BD [77 NY2d 114] Opinion I~r H~/~coo~, JL, J. 125 produces such unreasonable and potent/ally unjust conse- ~gences (see, Fortes v City of New ,rtochell~ 68 NY2d 446, 454; v Daystrom Corr., 17 NY2d 32, 38; McKin- Cons Laws of NY, Book 1, 8tetutsz §§ 141, 143, 146, at 28~290, 297-302). [2] We accordingly agree with the courts below that V/I/age ~ 7-708 i(2) was intended to perm/t a developer to secure right to complete a subdivision /n accordance with the g requirements by manifesting a commitment to execut/on of the subd/vi~ion plan through complet/~g and/ncurring expenditures in connection there- dur/ng, the exemption period, su/~cient to constitute under common-law rules. Moreover, our review of the concern/rig the work performed and expencl/turse made confirms the conclusion of the Appellate D/v/sion by the Supreme Court, the substantial/znprove- and e:cpend/tures made during the three-year exemp- per/od "conferred a vested right to obtain bu/lding per- /n accordance with tho prov/sions of the former zon~g ord/nance.' (152 AD2d 36§, 377.) The order of the Appellate Division should be affirmed,, w/th costs. - Chief Judge W~.cH?~.ea and Judges SIMons, K~¥E, Az.mc~. O. Ea, Trroz~ and B~.~,~cos~ concur. Order aff~med, with costs. 'ii. We have considered reepondent'z rerna/n/ng ar/urnentz and conclude that they provide no bazis/'or diaturbing the AppelJate Division's order. FRA~'CIS ,J. YAItABOSKI ATTORNEY A2CD COUNSELOR AT LAW October 16, 2008 Zoning Board of Appeals Town of Southold 53095 Main Road Town Hall Building P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Francis J. Yakaboski/Susan DeLeo #6229 Waiver of Merger Attention: Linda Kowalski Gentlemen: I enclose herewith affidavit of mailing together with postmarked white receipts and five (5) return receipt cards, a copy of my letters of transmittal to adjoining and across the street neighbors, and copy of notice of hearing as well as surveys tbr each lot, all of which were fbrwarded to the seve~ named abntting owners and two owners across the street of the Delco Estate prelnises. Thank you. Very truly ygtlrs, Frm ] FJY:cb Enclosures email: franeis_yakaboskl @yahoo eom October 8, 2008 Via Certified Mail Return Receipt Requested George Pourakis 11 Nortema Court New Hyde Park, New York 11040 Re; Application of Estate of Susan Deleo for waiver of merger Yom' Tax Map No. 1000-33-03-06 Dear Mr. Pourakis: You are the owner of a parcel of land across the street t?om lands owned by the Estate of Susan Deleo. The Deleo tax map lots are 1000-33-02-28 and 1000-33-02-27. Pursuant to the Southold Town Code, you are entitled to notice of an application being made by the Estate lbr a waiver of the merger provisions of the Southold Zoning Code. I am enclosing a copy of the notice of hearing scheduled for the 30m day of October, 2008 at 11:00 a.m. at the Town Hall, 53095 Main Road, Southold, New York 11971, together with copies of two surveys of the lands owned by the Estate. which are the subject of the application. If you have any questions concerning this matter, do not hesitate to call me. Thank you. Very truly yours. Enclosures FRANCIS J. YAKABOSKI ATTORNEY AND COUNSELOR AT LAW October 8, 2008 Via Certified Mail Return Receipt Requested George and Lillian Levendis 35-03 28th Avenue Astoria, New York 11103 Re: Application of Estate of Susan Delco for waiver of merger Your Tax Map Nos. 1000-33-03-05 and 1000-33-02-26 Dear Mr. and Ms. Levendis: You are the owners of several parcels of land, one across the street fi'om and one which abuts lands owned by the Estate of Susan Deleo. The Delco tax map lots are 1000-33-02- 28 and 1000-33-02-27. Pursuant to the Southold Town Code you are entitled to notice of an application being made by the Estate for a waiver of the merger provisions of the Southold Zoning Code. I am enclosing a copy of the notice of hearing scheduled tbr the 30th day of October, 2008 at 11:00 a.m. at the Town Hall, 53095 Main Road. Southold, New York 11971, together with copies of two surveys of the lands owned by the Estate, which are the subject of the application. If you have any qoestions concerning this matter, do not hesitate to call me. Thank you. Very truly yoars, Fr',/ncis J. Yalabos){i FJY:cb ~ Enclostlres FRANCIS J. YAKAI~OSKI email: francis-yakaboski ~yahoo. com October 8, 2008 Via Certified Mail Return Receipt Requested Jerry and Eft~ Haritos 32-71 37th Street Astoria. New York l 1103 Re~ Application of Estate of Susan Deleo for waiver of merger Your Tax Map No. 1000-33-02-31 Dear Mr. and Ms. Haritos: Yoa are the owners of a parcel of land which abuts lands owned by the Estate of Sus:m Dcleo. The Deleo tax map lots are 1000-33-02-28 and 1000-33-02-27. Pursuant to the Southold Town Code, you are entitled to notice of an application being made by the Estate tbr a waiver of the merger provisions of the Southold Zoning Code. 1 am enclosing a copy of the notice of hearing scheduled for the 30th day of October, 2008 at l 1:00 a.m. at the Town Hall, 53095 Main Road, Southold, New York 11971, together with copies of two surveys of the lands owned by the Estate, which are the subject of the application. If you have any questions concerning this matter, do not hesitate to call me. Thank you. Very trul3 yours. FAlclosures FRANCIS J. YAKABOSKI email: franci s_yakaboski ~ y&ho o.com October 8, 2008 Via Certified Mail Return Receipt Requested ttarry and Donna Mulhall P.O. Box 455 Greenport, New York 11944 Re: Application of Estate of Susan Deleo for waiver of merger Your Tax Map No. 1000-33-02-30 Dear Mr. and Ms. Mulhall: You are the owners of a parcel of land which abuts lands owned by the Estate of Susan Deleo. The Deleo tax map lots are 1000-33-02-28 and 1000-33-02-27. Pursuant to the Southold Town Code, you are entitled to notice of an application being made by the Estate tbr a waiver of the merger provisions of the Southold Zoning Code. I am enclosing a copy of the notice of hearing scheduled lbr the 30th day of October, 2008 at 11:00 a.m, at the Town Hall, 53095 Main Road, Southold, New York 11971, together with copies of two surveys of the lands owned by the Estate, which are the subject of the application. If you have any questions concerning this matter, do not hesitate to call me. Thank you. Very truly yonrs, Enclosures FRANCI~ J. ema~l: fr&nci~_yakabosk~ October 8, 2008 Via Certified Mail Return Receipt Requested Marjorie Sneider and Ann Nottes P.O. Box 558 Greenport, New York 11944 Re: Application of Estate of Susan Deleo for waiver of merger Your Tax Map No. 1000-33-02-29 Dear Ms. Sneider and Ann Nottes: You are the owners of a parcel of land which abuts lands owned by the Estate of Susan Deleo. The Deleo tax map lots are 1000-33-02-28 and 1000-33-02-27. Pursuant to the Southold ]'own Code, you are entitled to notice of an application being made by the Estate for a waiver of the merger provisions of the Southold Zoning Code. I am enclosing a copy of the notice of hearing scheduled for the 30o` day of October, 2008 at 11:00 a.m. ~ the Town Hall, 53095 Main Road, Southold, New York 11971. together with copies of two surveys of the lands owned by the Estate, which are the subject of the application. If you have any questions concerning this matter, do not hesitate to call me. Thank you. Ver) truly yoors, FJY:cb ( - ~ Enclosures FRANCIS J. YAKABOSKI ATTORNEY AND COUNSELOR AT LAW email: fr&ncle_yakaboski (~yahoo.com October 8, 2008 Via Certified Mail Return Receipt Requested Moscos Jeconomidis 31-54 47th Street Long lsland City, New York 11103 Re: Application of Estate of Susan Deleo for waiver of merger Your Tax Map No. 1000-33-02-20 Dear Mr. Jeconomidis: Yoa are the owner of a parcel of land which abuts lands owned by the Estate of Susan Deleo. The Deleo tax map lots are 1000-33-02-28 and 1000-33-02-27. Pursuant to the Southold Town Code, you are entitled to notice of an application being made by the Estate tbr a waiver of the merger provisions of the Southold Zoning Code. 1 am enclosing a copy of the notice of hearing scheduled for the 30th day of October, 2008 at 11:00 a.m. at the Town Hall, 53095 Main Road, Southold, New York 11971, together with copies of two surveys of the lands owned by the Estate, which are the subject of the application. If you have any questions concerning this matter, do not hesitate to call me. Thankyou. Very truly yours, FJY:cb Enclosures FRANCIS J. YAKABOSKI (631) 727-4100 October 8, 2008 Via Certified Mail Return Receipt Requested Emanuel and Fotine Figetakis 3807 34th Avenue Astoria, New York 11101 Re: Application of Estate of Susan Deleo for waiver of merger Your Tax Map No. 1000-33-02-19 Dear Mr. and Ms. Figetakis: You are the owners of a parcel of land which abuts lands owned by the Estate of Susan Deleo. The Deleo tax map lots are 1000-33-02-28 and 1000-33-02-27. Pursuant to the Southold Town Code, you are entitled to notice of an application being made by the Estate for a waiver of the merger provisions of the Southold Zoning Code. I aln enclosing a copy of the notice of hearing scheduled for the 30th day of October, 2008 at 11:00 a.m. at the Town HaIL 53095 Main Road, Southold, New York 11971, together with copies of two surveys of the lands owned by the Estate, which are the subject of the application. If you have any questions concerning this matter, do not hesitate to call me. Thank you. V~rs, Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of The Estate of Susan Deleo AFFIDAVIT OF MAILINGS CTM Parcels #1000-33-2-27 and 1000-33-2-28 COUNTY OF SUFFOLK STATE OF NEW YORK I, Heather Bianchi, residing at 180 Hallock Street, Riverhead, New York 11901, being duly sworn, depose and say that: On the 8th day of October, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice with surveys in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. /~'/ Heathe~ianc'h'~l Sworn to before me this 8th day of October, 2008. Cheryl A. Bll~ Notory Public, State ot NelYoI~ NO. 01BL60560~ Cu:~[~tiod in Suffolk Cou~ ~ -~ Con,.' ~an Expires M~. 12~~ PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Deleo property 33-2-28 and 33-2-27 33-3-5 Levendis, George and Lillian 35-03 28th Avenue Astoria, New York 11103 33-3-6 Pourakis, George 11 Nortema Court New Hyde Park, NY 11040 33-2-19 Figetakis, Emanuel and Fotine 3807 34"~ Avenue Astoria, New York 11101 33-2-20 Jeconomidis, Moscos 31-54 47th Street Long Island City, NY 11103 33-2-26 Levendis, George and Lillian 35-03 28th Avenue Astoria, NY 11103 33-2-29 Marjorie Sneider and Ann Nottes P.O. Box 558 Greenport, New York 11944 33-2-30 Mulhall, Harry and Donna P.O. Box 455 Greenport, New York 11944 33-2-31 Haritos, Jerry and Effe 32-71 37th Street Astoria, New York 11103 rn J] D- postage Return Receipt Fee (Endorsement Required) Restricted Deliver' Fee (Endorsement Required} OFF C~AL USE cLOjci6 (Endorsement Required) OFFICIAL USE m m $ 2. ~..~0 o,~o6ox~o. 32-31 FRANCIS J. YA~tABOSKI (631) ?~ 7-41oo FAX (631) ?~7-4130 email: francis_yakaboski @yahoo.eom October 22. 2008 Zoning Board of Appeals l'own of Southold 53095 Main Road Town Hail Building P.O. Box 1179 Southold, New York 11971-0959 Re: Application of Francis J. Yakaboski/Snsan DeLeo #6229 Waiver of Merger Attention: Linda Kowalski Dear Ms. Kowalski: I enclose herewith return receipt cards signed by Moscos Jeconomidis and Ma(iorie Sneider and Ann Nottes, which represent the last two return receipt cards that are due. Thank you. Enclosures (2) ' · Complete items 1, 2, and 3. Also COmplete item 4 if Restricted Delivery is desired. · Pdnt 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. 1. Article Addressed to: 6 teeth po t, 2. Nticle Number ~r ~,~ ~-~ ~) 7006 1140 PS Form 381 1, Feb~~ Domestic Return Receipt [] Agent D. Is de~lve~ ~cldmss different from item 1 ? If YES, enter detivery address below: [] No 3. Servi Type ~ed Mail [] Registered b.~eturn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? ~ F~e) ~-3 Yes 0000 9963 5126 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the Card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r'i30 s cos,j eco r'ornicu' 2. Article Number A. Signature ' Agent 1 item 17 [~Yes below: [] No et ress Mail [~ Registered eturn Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? ~'t~a F~e) [] Yes ~r~r~ 7008 1140 0000 9963 5133 PS Form 38'~ 1, February 2004 Domest~ Return Receipt 102595-02-M. 1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, ~ Signature F9 Agent X ~ece~ [] Addressee B. R I C. Date of Delivery is delivery address diffemnt f~m item 17 [] yes ~f YES, enter delivery address below: [] No E] Ex~Mall [] Registered ~('etum Receipt for Merchandise [] insured Mall [] C.O.D. Re~flcted Delivery? (Extra Fee) [] Yes 7008 1140 0000 9963 5164 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. Mall [] Ex~3~ss Mail [][~t~sturn Receipt for MerChandise [] Registered [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) n yes 700~ 1140 0000 9963 515? · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desked. · print your name and address on the mve~se so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed tot plor hfu m, I IClqC4 2. /~ticle Number (Transfer from service label) p~'orm 3811, February 2004 A. Signature d Name) D. Is deliveq different f~orn item 1 ? if YES, enter delivery addreSs below: [] No I [] Registered [~,~(~um Receipt for Merchandise Insured Mall [] C.O.D. ~ ~_rl Insured Mat ~ [] yes I4. Restricted DetNe~J? (Extra Fee) 7004 1160 0003 21t5 1255 102595~2-M'1540 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is des[red. · 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. 1. Article Addressed to: ms. cueJ and _¢,¢ ¢ [] Addressee C. Date of Delivery D. Is deliveq~ address differe~ fmrn item 17 [] Yes If YES, enter delivery address below: [] No 7008 1140 0000 9963 5140 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. B. Received by (Pdnted Name) 1. Article Addressed to: ~f YES, enter deliveP/address below: H Ccq'FD $ ,' · , ~e?~ 7008 1140 0000 9963 5119 C. Date of Delivery D. Is deliver/address dllfem~ Eom item 17 [] Yes [] NO n eE~etul~mmtum RMell ecelpt for Me~handise [] C.O.D. 4. Restricted Delivery? (Extra Fee) r-~ Yes PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the ApplicatiOn of The Estate of Susan Deleo AFFIDAVIT OF SIGN POSTING CTM Parcels #1000-33-2-27 and 1000-33-2-28 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-33-2-27 and 1000-33-2-28 COUNTY OF SUFFOLK STATE OF NEW YORK I, Francis J. Yakaboski, residing at 1668 Sound Avenue, Calverton, New York, being duly sworn, depose and say that: On the 17th day of October 2008, I personally placed the Town's official Posters, with the date of hearing and nature of The Deleo application noted thereon, securely upon The Estate of Susan Deleo's property, known as the tax map numbers shown above and bearing the street address of 1225 Green Hill Lane, Southold, New York and 1135 Green Hill Lane, Southold, New York 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 Posters have remained in place for seven days prior to the subject hearing date, which hearing date was shown to be October 30, 2008. ,~Sworn to before me this 2~('~'hday of October, 2008. - Notary/Public- Cheryl A, Bliss Notary Public, State of NewYork NO. OLBL6056053 Qualified in Suffolk County 2-~[ Commission Expires Mar. 12,.... near the entrance or drivewaT~ entrance of my property, as the area most visible to passersby. STATE OF NEW YORK~i COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for t week(s), successively, commencing on the 16th dayof October, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE $O~ TOWN ZONING BOARDOF APPEALS , pur- aaTosm Law and kToWn ~AP- Southol0, New 2008 at 1150 Van- # 6212. under Sections based on an ap- building permit and the October 8. 2008 of Disapproval con- wrning, a~-b~lit construction which ex- in height.arid lot coverage limitatmn of 20 l~entage of the bmldable area of the lot, amt~hich is set back at less than the eod~':required minimum of 35 feet in t~e"~ard. Location of Property: 765 15~o~1 Lane, Southold CTM 54- 9~0 ~ THOMAS and IUAR¥ 2804Z4 tions oanc[ alterations ZBA AugUSt 20, 2 than the ~$ feet on TINA~ ~'O[i NSKI NOTARY PUBLIC-STATE OF NEW YORK No, O1 -VO6! 05050 Qu~Lltt~ I~ ~btfoIk County 10:00 A.M. HELEN and PETER LOUCA ~6213. Request for Variances under Sections 280-122A and 280- t24 based on the Building Inspector's amended August ~. 2008 Notice of Dis- approval concemmg additions and terat~ons to the existing dwelling, which crease d~grees of existing nonconform- Ing setbacks with regard to a single side yard al less than l0 feet and total side yard setbacks at less than 25 feet on this 1~,454 square foot parcel. Location of Property: 475 Miriam Road. Mattiruck; elM 99-1-32. ~6208. Request for Variances under Secuon 280-15. based on the Building Inspector's May 30. 2008: Notice of Dis- approval concermng as-built accessory structures in the~front yard rather than a code-defdied rear yard, at 185 West Creek Avenue. Cutchogue: CfM 103- 10~.25A.M. JOAN E. SHANNON ~6214. Request [or Variances under Sec- tions 280-I22A and 280-124 based on file Building Inspector's August 1. 2008 No- tice of Disapproval' noting a proposed demolition, renovations and additions, back at less than 15 feet and total side yards at less than 35 feet. at 7080 Great PecodicBay Boulevard and adjacen~ ~o Great Pecomc Bay, Laurel; CTM 126- 10:35 A.M. PATRICIA and ROB- ERT FRIEMANN #6217. Request for a Variance under Section 280-116B based on an amended'application for a build- ing permit and the Building Inspector's August 26. 2008 Notice of Disapproval concerning additions and alterations to an exisQng smgle-farmly dwelling at less than 75 feet from the bulkhead ad- jacent to Little Creek. a~d for which a properties involved in this unmerger re- quest are shown on the Map of Eastern Shores as: (1) CTM 33:2-27, vacant land, with a nonconforming are~ of 21.289 square feet. and (2l CTM 33-2-28 wnn a house, of a nonconformxng area of 20.602 square feet for CTM 33-2-28. Lo- cation: 1Z25 and 1135 Green Hill Lane, Greenport. 1:00 P.M. STEVE and OLGA TENE~ DIOS ~6198. Request for Variances un- der SeeBons280-12A. based on the Build- mg Inspeetoffs June 30. 2008 amended Notice of Disapproval concerning a proposed new dwelling, after removal of the existing buildthg{s) for placemenx on a new. location with pilings or othe{ foundation after house is elevated, and a proI~sed enlargement to connect the re- located house to the existing garage. The property has zero buildable land. being on the sea side of the Coastal Erosion Hazard Line. The Building Inspector's reasons for disapproving the building permit application are that the proposed construction will be: [1) less than 40 feet on a front yard: 12/less than 15 feet for a single side yard setback, '3~ less than 35 feet total side yard setbacks, and (3/lot overage exceeds the code limitation of 20% t00% lot coverage for zero build- able land areal Location of Property: 1625 North Sea Drive, Southold; CTM 1000-544-18 (ad)acent to dunes and Long Island Sound . '1:30 P.M. (Continued Hearing1:2000 BROADWATERS LLC S6186. Request for a Variance under Section 280-124. based on the Buildtng Inspector's May 12. 2008 Notice ol Disapproval con- cermng a .proposed new dwelling with a setback at less than the code-required 35 feet from the front lot hne, after de- molishing the ex~sting building), at 2000 Broadwaters Road. Cutchogue: CTM 104-9-~2. The Board of Appeals wi0 hear all a change in the scope of the work and flag to be. heard at each hearing, and/or chahge since apphcation submitted un- desiring written stat6ments der ZBA #6139. Location of Property:. b of each hear- Pirie'Tree Road. Cutchogue; CTM TELLO' ~6209. ufider Section 280-18. based Building lmapeetor's August 4. 2008 tic~.~of ~l~pprooal concerning a new ' two properties baaed on the Building In- ~d~l~f:~onstruction) for wliich spector's August 6, 2G08 Notice of Dis- ]floea~ ~xattio~ th~m~ ~,mc" ? oSedspace,fOratUsel3007as anoreOf-_ approval citing Section 280-10. Th~ two g~n:Roa& Cutehogue: CTM 83-2-11.14. 21108. ZONDIG BOARD OF APPEALS (~ER~RD 1~ GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI a Ld~/' ~~ad (Offi, ce Location, Waiver reader Section 280-11 to unmerge ~,i~?i~-R°ad (~ailing/USPs) APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° IZO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 30, 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~ OCTOBER 3072008: 11:00 A.M. ESTATE OF SUSAN DELEO #6229. Requested is a Lot Waiver under Section 280- 11 to unmerge two properties based on the Building Inspector's August 6, 2008 Notice of Disapproval, citing Section 280-10. The two properties involved in this unmerger request are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2-28 with a house, of a nonconforming area of 20,602 square feet for CTM 33-2-28. Location: 1225 and 1135 Green Hill Lane, Greenport. 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: October 3, 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 t~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hail 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 October ~1, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, October 30, 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 October 13th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hear n.q, provid n.q the returned letter to us as soon as possible; AND not later than Oct. 17th: 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 October 22"d: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by us by October 29, 2008. if you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 22, 2008 Zoning Appeal No. 6229 Transmitted herewith is Zoning Appeals No. 6229 of Francis J. Yakoboski~ Esq. Executor of the Estate of Susan DeLeo- the Waiver to Unmerge Property Application (3 Pages), Historical History of Property Prepared by Francis J Yakaboski (2 Pages), Cover Letter from Francis J Yakaboski Listing Items Sent Dated September 2, 2008, Cover Letter from Francis J. Yakaboski Listing Items Sent Dated September 17, 2008, Notice of Disapproval fi'om Building Department Dated August 6, 2008, 3 Pages of Property Record Card, Copy of Survey Showing Lot # 129 with all Existing Construction Dated September 11, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor, Copy of Survey Showing Lot #130 With All Existing Construction Dated September 1 l, 2008 Prepared by Nathan Tart Corwin Ill, Land Surveyor, Copy of Tax Map, Copy of Tax Bill, 2 Page Copy of Deed between Susan De Leo & Wayne M. De Leo to Susan De Leo Dated March 3~'d 2003, 2 Pages Deed between Kathryn W. Langtry to Barbara Larman Dated February 11tt' 1980, 3 Page Copy of Deed between Vinita M. Bassarear to August R. Larmann & Barbara Larmann Dated J uno 14th 1979, 2 Page Bargain & Sale Deed between Susan De Leo & Wayne M. De Leo to Susan Dc Leo 99% & Francis J. Yakaboski 1% Dated September 13 2007, 10 Page Letter from okylinetitle in Reference to Lot 28 & Lot 29 & Surrounding Properties Dated July 31, 2008. , Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/19/08 * * * RECEIPT * * * Receipt#: 29059 Transaction(s): 1 1 Application Fees Reference Subtotal 6229 $150.00 Check#:510 Total Paid: $150.00 Name: Deleo, Sue 1135 Green HillLane GreenpoK, NY 11944 Clerk ID: CAROLH Internal ID: 6229 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/19/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP DELEO, Susan and 510 $150.00 ~EP 1 9 2008 6229 Frank Yakaboski, Esq. Soutl ~old Town Clerk $150.00 By__ Thank ou. COUNTY OF SUFFOLK Real Proper ax Service Agency NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME DELEO, Susan #6229 MAP # 33-2-27 & 33-2-28 VARIANCE LOT WAIVER REQUEST UNMERGE UNDERSIZE LOTS DATE: THURS, OCT. 30, 2008, 11:00 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809