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HomeMy WebLinkAbout1000-31.-8-12.4N UTILITIES - GAS CABLEVISION OVERHEAD WIRES PUBLIC WATER ¢o¢ ' SURVEY FOR LOT LINE CHANGE AT EAST MARION TOWN OF SOUTHOLD SUFFOLK GOUNTY, N.Y. 1000 -31 -08 -'12,4 & '13 Scale: 7" = 30' Oct. 7, 2008 ZONING DISTRICT, R 4-0 FIRM ZONE X AREAS lO00- 3J-OB- 12.4 = 34~194 sq,ih I000- 31- 08- 13 = 8,354 sqJt. NEW PARCEL I = 30 448 sqJt. PARCEL 2= 2~080 ~q.H, OWNERS, t000-31-08-12.4 DIANE & SCOTT MULVANEY 225 MARION LANE EAST MARION~ N.Y. 11939 & BETTY J. BRESLOFF 730 BAY AVE. EAST MARION~ N.Y, 11939 I000 ~31- OB- 13 BETTY d. 8RESLOFF 730 BAY AVE, FAB.T MARION, N.Y. II939 TOWN OF 50UTHOLD DATE ,~S ~ ~L 200~ · =MONUMENT · ~PIPE oFN~w ~.S. LIC. NO. 49618 P.C. ' FAX (6JI) 785-1797 P,O. BOX 909 12.7,0 TRAVELER STREET sour~o~o, N.× , 9~, ~,~,-~,~' PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND August11,2009 PLANNING BOARD OFFICE TOWN OFSOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Ms. Diane Mulvaney 225 Marion Lane East Marion, NY 11939 Re: Final Approval: Lot Line Change for Mulvaney/Bresloff Located at 225 Marion Lane & 730 Bay Avenue, East Marion SCTM#1000-31-08-12.4 &13 Zoning District: R-40 Dear Ms. Mulvaney: The Southold Town Planning Board, at a meeting held on Monday, August 10, 2009, adopted the following resolution: WHEREAS, on March 9, 2009, the Southold Town Planning Board granted conditional final approval on the surveys prepared by John T. Metzger, Land Surveyor, dated October 7, 2008, subject to the following condition: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office; and WHEREAS, on July 16, 2009, a copy of the recorded filed deed with the Office of the Suffolk County Clerk was submitted, recorded under Liber D00012592 and Page 76; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants final approval on the surveys prepared by John T. Metzger, Land Surveyor, dated October 7, 2008. Enclosed please find a copy of the map which has been endorsed by the Chairman. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin Sidor Chairperson Encl. cc: Assessors, Bldg. Dept./with maps PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILL/AM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 March 10, 2009 Ms. Diane Mulvaney 225 Marion Lane East Marion, NY 11939 Proposed Lot Line Change for Mulvaney/Bresloff Located at 225 Marion Lane & 730 Bay Ave., 150 feet s/w/o Bay Ave., East Marion SCTM#1000-31-8-12.4 &13 Zoning District: R-40 Dear Ms. Mulvaney: The Southold Town Planning Board, at a meeting held on Monday, March 9, 2009, adopted the following resolutions: WHEREAS, this lot line change will transfer 3,746 s.f. from Lot 1 (SCTM#1000-31-8- 12.4) decreasing the size from 34,194 s.f. to 30,448 s.f., to Lot 2 (SCTM#1000-31-8-13) increasing the size from 8,334 s.f. to 12,080 s.f. Both Lots are improved with single- family dwellings; and WHEREAS, The Town of Southold Zoning Board of Appeals granted the area vadance necessary for this lot line change on January 22, 2009; and WHEREAS, The Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, determined that this is an Unlisted Action requiring an uncoordinated review; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, establishes itself as lead agency and, based upon an uncoordinated review of this Unlisted Action, makes a determination of non-significance and grants a Negative Declaration; and be it further Mulvaney/Bresloff Page Two March 10, 2009 RESOLVED, that the Southold Town Planning Board hereby waives the public hearing for this project for the following reasons: 1. No new lots are being created; 2. The existing character of the neighborhood will not be altered; 3. Current and future community planning will not be affected; and be it further RESOLVED, that the Southold Town Planning Board grants Conditional Final Approval on the surveys prepared by John T. Metzger, Land Surveyor, dated October 7, 2008, subject to the following condition: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. This condition must be met within six (6) months of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment . of the condition, the Planning Board will issue final approval and authorize the Chairperson to endorse the final surveys. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encl. PLANNING BOARD MEMBERS MARTIN It. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant March 9, 2009 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Lot Line Change for Mulvaney/Bresloff SCTM#: SCTMs#1000-31-8-12.4 & 13 Location: 225 Marion Lane, East Marion SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This is a lot line modification to transfer 3,746 s.f. from Lot 1 (SCTM#1000-31-8-12.4) decreasing the size from 34,194 s.f. to 30,448 s.f., to Lot 2 (SCTM#1000-31-8-13) increasing the size from 8,334 s.f. to 12,080 s.f. Both Lots are improved with single-family dwellings. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. NeRative Declaration PaRe Two Mulvaney/Bresloff The determination was based upon the following: 1. This lot line change is not creating any new lots. It is merely shifting ownership of 3,746 s.f from Lot 1 to Lot 2, both of which are already developed with single family residences. 2. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. The pamels already 3. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species,.and no other significant adverse impacts to natural resources will occur. The parcels are already developed. 4. The propoSed action is not in a material conflict with a community's current plans or goals as officially approved or adoptedas it is merely transferring 3,746 sq. ft. from Lot I to Lot 2. 5, The proposed action will not significantly impair the character or quality of important historical, archaeological, amhitectural, or aesthetic resources or of existing community or neighborhood character because no additional homes are being built as a result of this action. 6. No major change in the use of either the quantity or type of energy will occur. Each lot will COntinue to have only one pre-existing single family dwelling 7. No creation of a hazard to human health will occur. 8. The proposed action will not cause a substantial change in the use~ or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 9. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Tamara Sadoo, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 Southold Town Plannin.q Boa~: Work Session A.qenda - Pg. 2 AuRust 3, 2009 Subdivisions ~ Subdivision L0C~!0n~ !...A.!d.[!.~h.. !~a n ~...[:a ~.[e! Description: :i This proposed conservation subdivision is to subdivide a 22.1659-acre ' parcel into 4 lots, one of which the Town of Southold will purchase the Development Rig hts ove~..!.8, a(~re~.f0.r, fa ~rm!~n.~!...p.[~s~r~at!0n ~ .................. Action: i Ho d Pub c Hear ng. Grant Sketch Approval. Project name: i Mulvaney/Bresloff Lot Line i SCTM#: i 1000- 31-8-12.4 & 13 i 9h ng j Description: ~ A lot line modification to transfer 3,746 s.f. from Lot 1 (SCTM#1000-31- 8-12.4), decreasing the size from 34,194 s.f. to 30,448 s.f., to Lot 2 i (SCTM#1000-31-8-13) increasing the size from 8,334 s.f. to 12,080 s.f. ] Both Lots are improved with single-family dwellings. Status: ~ Conditional Final .~ta~.me~.t~; ....... ~ Draft Resolution ............................................................................ Project name: Oregon Landing I & Oregon i SCTM#: 1000-83-2-9.1 & 95-1-5 Location: ~ The properties are located on the n/s/o Oregon Road, approximately ~. 135' w/o Alvah's Lane, and n/o Oregon Road, 625 feet w/o Bridge Lane, r~..!.n. (~ho~g ue in the A~C ~!~d..R.:80...~qn.!ng .~!st!~ic~ Description: ~ clustered conservation subdivision of a 32.73-acre parcel into five lots Status: Action: i Amend Final Road Specs as approved by Office of the Town Engineer i'Zi'iiiii'iTi ...................................................................... 11171 Submission Without a Cover Letter scm~:.,ooo_ / o c, o - '}/_ 5.- /o7, /,,2. JUL !F~ ~ COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-26695 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the odginal DEED recorded in my office on 07/0712009 underLiber D000'12592 andPage 676 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof; I have hereunto set my hand and affixed the seal of said County and Court this 0710712009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED N-m~er of Pages: 3 Receipt N~m~er : 09~0075911 TRANS~'w-R TAX NUMBER: 08-24927 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 031.00 08.00 EX~MINED AND CHARGED AS FOLLOWS $2,500;00 Received the Following Fees For Above Instrument Exempt Page/Filing $15.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert.Copies $5.00 NO RPT Transfer tax $10.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 08-24927 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 07/07/2009 11:04:58 AM D00012592 676 Lot: 012. 012 Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $30.00 NO $0.00 NO $360.00 Please be advised this document will be public record. Remove Social Seeuri~ Number(s) prior to recording ~ I~ RECORDED Number of pages :200? .5ul 07 1 :, .4, .~, DM ~ORI~NS Serial # Certificate # Prior Cfi, # Deed / Mortgage Instrument 3 Page / Filing Fee ]~9 Handling 5. 00. TP-584 ~'"~ Notation EA-52 17 (County) _~~ EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit NYS Sumharge 15. 00 Other Deed / Mortgage Tax Stamp I FEES Sub Total Sub Total Grand Total 4 [ Dist.i 0~ Real Property Tax Service Agency Verification '09014721 xooo o3xoo osoo 012012 6 ] Satisfactions/Discharges/Releases List Pwperty Owners Mailing Address RECORD & RETURN TO: Stein & Stein, P.C. 195 East Main Street Smithtown, New York 11787 JudiCh ~. Pa~cale CLERK OF SUFFOLK COUNTY L D00012592 P 676 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town . Dual County Held for Appoinaraent Transfer Tax .I re') Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES. or NO If NO, see appropriate tax clause on page # , of this instrument:.. 5 Community Preservation Fund Consideration Amount $2,500.00 CPF Tax Due $ 0.00 Improved Vacant Land~ TD J 7 J Title Company Information I Co. Name J Tire # Suffolk County Recording & Endorsement Page This page forms part of the attached Diane Mulvaney DEED (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: Southold TO In the Township of Betty d. Bresloff In the VILLAGE East Marion or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ,,ONLY PRIOR TO RECORDING OR FILING. (over) ,PF 29 (I 1/85) Standard N.Y.B.T.U, Formw Bargain and Sale Deed, with covenant against Grant or'e{~lndividual or Corporate (Single Sheet) CONSULT YOUR LAWYER BEFORE STONING THIS INSTRUMENT--THIS INSTRUMENT SHO~"D BE USED BY LAWYERS ONLY. This indenture, made the ay of , Two Thousand Nine Between Diane Mulvaney, residing at 225 Marion Lane, East Marion, NY 11939, )arty of the first part, and Betty J. Bresloff, residing at 730 Bay Avenue, East Marion, NY 11939, ~arty of the second part, Witnesseth, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the ~arty of the second part forever, All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected situate, lying and being at East Marion, in the Town of Southold, County of Suffolk, and State of New York, bounded and described, as follows: BEGINNING at a point on the westerly line of Bay Avenue 696.03 feet southerly along the said westerly line from Main Road, said point of beginning being the point of intersection of the southerly line of Marion Road and the westerly line of Bay Avenue; RUNNING THENCE along said westerly line of Bay Avenue south 34 degrees 11 minutes 50 seconds east 24.97 feet to land of Bresloff; RUNNING THENCE along said land of Bresloff south 56 degrees 35 minutes 20 seconds west 150.01 feet; RUNNING THENCE along land of Mulvaney north 34 degrees 12 minutes 40 seconds west 24.97 feet to said Marion Road; RUNNING THENCE along southerly line of Marion Road north 56 degrees 35 minutes 20 seconds east 150.02 feet to the westerly line of Bay Avenue and the point or place of BEGINNING. To be combined with District 1000, Section 031.00, Block 08.00, Lot 013.000 Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To have and to hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever; and the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this deed the day and year first a bove~ ~ /~/ 'N P~ESENCE ~lF~_[ft//'{_ [~10 L, Diane Mulvan~y~'~' ~ndersigned, personally appeared )efore me, sa: ~'~t03~. V~L~v'(~'v'~e~"~ , personally mown to me or proved to me on the basis of satisfactory 3vidence to be the individual(si whose name(s) is(arel subscribed evidence to be the individual(s) whose name(s) is(are) subscribed :o the within instrument and acknowledged to me that to the within instrument and acknowledged to me that m/she/they executed the same in his/her/their capacity{les), he/she/they executed the same ~n his/her/their capaciW(ies), and :hat by his/her their signature(s) on the instrument, the and that by hisser their signature(s) on the instrument, the nd vidual(s, or the person upon behalf of wh c~dual(s) individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. 'u~ S~te of N~ y~ted, executed the instrument. ~ ~ NO~. 01LO6054063 ~ Qualified in Suffolk Cou~,t A ~~mm,Ssion ~pire, Maroh 5, 20S~ture and Office of ndividual Signature and Office of individum taking acknowledgment STATE OF , COUNTY OF. On the day of in the year 2002, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual(s) made such appearance before the undersigned in the STATE OF NEW ~OUNTY OF ss: On the day of in the year 200_ before me, the the undersigned, personally appeared , personally Known to me or proved to me on the basis of satisfactory taking acknowledgment ss: STATE OF NEW YORK, COUNTY OF ss: On the day of in the year 2002, before me, the undersigned, personally appeared (insert the city or other political subdivision and state or country or other place the acknowledgment was taken). the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. (Signature of Office and individual taking acknowledgment.) Signature and Office of individual taking proof Bargain and Sale Deed With Covenant Against Grantor's Acts Title No. Diane Mulvaney TO Betty J. Bresloff DIST.: 1000 SECTION: BLOCK: LOT: CITY OR TOWN: Southold COUNTY: Suffolk Recorded at Request of RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS DISTRIBUTED BY FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK Stein & Stein, P.C. 19§ East Main Street Smithtown, New York 11787 wO Southold Town ~nnin,q Board Work Session - Pa,cie T~{~ 3/3/09 Subdivisions: Project name: Location: Description: Status: Action: Attachments: Mulvaney 'Lot Line Change .............. !__S. C~_#_:_~. 1000-31-08-12.4 &13 225 Marion Lane, East Marion This lot line change will transfer the 'flag pole' (3.746 s.f.) from Lot 1 (SCTM#1000-31-8-12.4, 34,194 s.f.), to Lot 2 (SCTM#1000-31-8-13, 8,334 s.f.). Lot 2 will be increased to 12,080 s.f., and Lot 1 will be reduced to 30,448 s.f. Both Lots are improved with single-family dwellings, and both are pre-existing non-conforming in size. Open Review and consider waiving public hearing and granting conditional final approval on March 9, 2009. None Project name: Location: Description: Status: Action: Attachments: Karen Mazzaferr0 (Miller) T SCTM#: I 1000-63-1-12 The property is located on the east side of Horton's Lane, (1450 Horton's Lane), Southold. This proposed standard subdivision is to subdivide a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq ft., Lot 2 equals 43,631 sq. ft., and Lot 3 ecJuals 90, 023 sq. ft, in the R-40 Zoning District. Open Consider archeologist on site vs. Phase I Arch Review. Letter from Abigail Wickham, Esq. APPEALS BOARD MEMBEt~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS, AND DETER~iNATI6N MEETING OF JANUARY 22, 2009 · -- ' ZBA # 6228 - DIANE MULVANEY and BETTY J. BRESLOFF Location of Property: Marion Lane and Bay Avenue, East Marion CTM Parcels 1000'31-8'13 and 1000-31-8'12.4 ' ' SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this. review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. ~ PROPERTY FACTS/DESCRIPTION: The apphcant's lot (Mulvaney) contains 34,124 square feet with 142.99 feet along Marion Road to the north, and 213.95 feet along the south]east lot line along Marion Road. The adjacent lot (Bresloff) contains 8,340 square feet with . Both lots are improved with a single-family dwelling, as shown on the October 7, 2008 survey for lot line change prepared by John T. Metzger, L.S. for Peconic Surveyors, P.C. BASIS OF APPLICATION: This application is based on the applicant's request for a lot-line change and the Building Inspector's Notice of Disapproval citing code Section 280-18. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: This is a request for area variances concerning a proposed lot area for 1000-31-8-12.4, at 225 Marion Lane, which lot will become less conforming by reducing its size from 34,194 square feet to 30,448 square feet in total size, and concerning 1000-31-8'13 at 730 Bay Avenue, East Marion, which lot will become more conforming by increasing its size from 8,340 square feet to 12,086 square feet. Page 2 - January 22, ZBA # 6228 - D. Mulvaney and B. Bresloff CTM Parcels 1000-31~8-13, 1000-31-8-12.4 REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of rehefwill not produce an undesirable change in the character on the neighborhood and a possible detriment to nearby properties because the residential use of the properties will remain and the front yard setback will be increase. 2. Town Law Section 267-b(3)(b)(1). The benefit sought by the applicants cannot be achieved by some method feasible for the applicant to pursue, other than an area variance because an area variance is the only way town will recognize the new lot lines. 3. Town LaW Section 267-b(3)(b)(1). The variance granted herein is not substantial. Removing the existing right of way will decrease the degree of front yard nonconformity for Lot 1000-31-2-13. 4. Town Law Section 267-b(3)(b)(1). The difficulty has not been self created. It is created because a new right of way was constructed to give the owner of lot 1000-31- 2-12 access to their property and to eliminate the need for the right of way across lot 1000-31-2-13. 5. Town Law Section 267-b(3)(b)(1). There has been no evidence submitted to suggest that a variance in this residential neighborhood may have an adverse impact on the physical or environmental conditions in the neighborhood because nothing will change with respect to either of the above-mentioned conditions. 6. Town Law Section 267-b. The grant of the requested relief for the lot sizes is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line change, while preserving and protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the October 7, 2008 Survey for Lot Line Change prepared by John T. Metzger, L.S. (Peconic Surveyors, P.C.). Any deviation from the variance given such as extensions, or demolitions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject Page 3 - January 22, ZBA # 6228 -D. Mulvaney and B. Bresloff CTM Parcels 1000-31-8-13, 1000-31-8-12.4 property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva, Vice Chairwoman 2/2/2009 Approved for Filing Page 3 - Agenda January 22, 2009 Special Meeting South01d Town Zoning Board of Appeals coverage exceeding the code limitation of 20% on this buildable land area of 15,253 square feet, at 1690 The Strand, East Marion; CTM 30-2-61. DIANE MULVANEY and BETTY J. BRESLOFF #6228. Request for a Variance under Section 280-18, based on the applicant's request for a lot-line change and the Building Inspector's Notice of Disapproval concerning a proposed lot area for 1000-31-8-12.4, at 225 Marion Lane, which lot will become less conforming by reducing its size from 34,194 square feet to 30,448 square feet in total size, and concerning 1000-31-8-13 at 730 Bay Avenue, East Marion, which lot will become more conforming by increasing its size from 8,340 square feet to 12,086 square feet. RONALD ZITO #6233. Request for a Variance under Section 280-124, based on the Building Inspector's August 25, 2008 Notice of Disapproval concerning an as-built outdoor shower addition to the single-family dwelling which is less than 10 feet on a single side yard, less than 15 feet on the opposite side yard, resulting in less than 25 feet for a total of both side yards, at 1185 Bungalow Lane, Mattituck; CTM 123-3-16. THEODORE E. PRAHLOW #6234. Request for Variances under Sections 280-124 concerning this 7,700 square foot parcel, and based on the Building Inspector's August 22, 2008 Notice of Disapproval concerning a proposed deck and porch additions to the existing single-family dwelling, which new construction will be less than the code- required minimum of 35 feet for a rear yard setback and which exceeds the code- maximum limitation of 20% lot coverage, at 1605 Old Shipyard Lane, Southold; CTM 64- 5-30. JACOUELINE MOSKOWITZ #6238. Location of Property: 80 Lakeside Drive and Cedar Point Drive, Southold; CTM 1000-90-3-14. Request for Variances on this 14,118 square foot lot, under Zoning Code Sections 280-122 and 280-124, based on applications for building permits and the Building Inspector's August 22, 2008 Notice of Disapproval concerning a pergola, fence height, swimming pool, and as-built carport structure, for the reasons that: (1) the proposed pergola to be added to the dwelling structure is not permitted because such additions/alteration will constitute an increase in the degree of nonconformance (nonconforming rear yard setback and front yard setback, see ZBA #3255 of August 14, 1984; (2) the fence is not allowed as per Conditions under ZBA #3950 dated July 11, 1990 which states: the fence and any screening shall not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of 30 feet from the corner of Cedar Point Drive to 30 feet from the corner of Lakeside Drive shall remain open and un-vegetated; (3) the existing swimming pool under Building Permit #19275 issued 9/27/1990 is located at less than the required minimum of 22 feet under ZBA # 3950 dated 7/1111990; PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L~ EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Jedlyn B. Woodhouse, Chair Members of the Planning Board Date: December 15, 2008 Re: Request for lot line change requiring area vadance SCTM#1000-31-8-12.4 and SCTM#1000-31-8-13 225 Madon Lane, East Marion, New York 11939 Zone: R-40 The Planning Board has received your request for comments regarding the above referenced application for a lot line change requiring an area vadance in the R-40 zoning district in East Marion. As proposed the applicant is seeking to give the flag pole portion of Parcel1, SCTM#1000-31-8-12.4 totaling 3,746 square feet to the adjacent lot, Parcel 2, SCTM#1000-31-8-13. The Planning Board has reviewed the above referenced application at their December 15, 2008 Work Session and offers the following comments: 1 ) Parcel 1, (SCTM#1000-31-8-12.4) and Parcel 2, (SCTM#1000-31-8-13), are both pre-existing non-conforming lot sizes in the R-40 Zoning District. 2) Parcel 1 totals 34,194 sq. ft. and Parcel 2 totals 8,334 sq. ft 3) After Parcel 1 transfers 3,746 sq. ff. to Parcel 2, Parcel 1 will total 30,488 sq. ft and Parcel 2 will total 12,080 sq. ft. 4) Parcel 1 will become more non-conforming and Parcel 2 will become less non- conforming. 5) However, this lot line change will have no impacts on any of the following: a. Surrounding environment b. Community character c. Change in use or intensity of land d. Town's current planning goals Because there will be no impacts from this Lot Line change, the Planning Board is in favor of granting the requested area variance in this instance, which would retain the non-conforming lot sizes. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. 2 Southold Town Plannin~ Page Two December 15, 2008 o,** ZBA Request for Comments: 1. North Fork Self Storage Site Plan for new construction off Depot Lane in Cutchogue (near their current site). 2. Lot Line Change request for Diane Mulvaney and Betty Bresloff in East Marion. Office Location: Town Annex/First Hoor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: ~ 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-906~::.~X-- TOWN MEMO Planning Board Gerard P. Goehringer, Chairman December 9, 2008 DEC - 9 2008 t: Request for Lot Line Change ZBA #6228 - Mulvaney & Bresloff Our Departmeht has received and is reviewing the following application, and enclose a copy of the application With the surveyor site map. Your review and comments are requested at this time regarding the subdivision regulations. The file is available'for review of additional documentation at your convenience. NAME TAX # / ZBA PLANS PREPARER ZO N E DATE STAMPED Diane Mulvaney & 31-8-12.4 6228 10-07-08 Peconic Betty J. Bresloff & 13 Surveyors, P.C. Your comments are appreciated by January 2, 2009. Thank you. Encls. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL TO: Betty J. Bresloff and Diane Mulvaney P.O. Box 771 East Marion, NY 11939 DATE: September 5, 2008 Revised: Sept. 17,2008 Please take notice that your application dated August 20, 2008 For a permit for a lot line chanee at: Location of property: 225 Marion Lane, East Marion, NY County Tax Map No. 1000 - Section 31 Block 8 Lot 12.4 Is returned herewith and disapproved on the following grounds: The proposed lot line change, on lots in the Residential R-40 District, is not permitted pursuant to Article IV, Section 280-18, which states; No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule, with the same force and effect as if such regulations were set forth herein in full. Bulk Schedule requires a minlmtlm lot size of 40,000 square feet. Following th{, proposed lot line change, the subject lot(SCTM# 1000-31-2-12.4)will become more non conforming, from 34,194 square feet to 30,448 square feet in total size, SCTM# 1000-31 2-13 will become less non-conforming, from 8,340 square feet to 12,086 square feet i. total size. ?ne proposed lot line change requires approval from the Southold Town Planning Board. This Notice of Disapproval was written based on three surveys by John T. Metzger, dated 07/07/08, 10/6/96 and 7/7/08. Authorized Signature APPLICATIO~I~O THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ] Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: ParcelHouseNo~9~5 Street f~0-Vt'~D ~.~DZ~- Hamlet ~0_f~ SCTM1000Section3~ BlockCO/ Lot(s) ~ ~' ~L LotSize Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): Mailing Address: <7~ 5 f~f.~ff0/~ ~ ~.~i ~-~ f~3d.~t~D Telephone: ~ ~ -~- ~) Z- ~ 3 NOTE: In addition to the above please complete below if application is signori by applicant's attorney, agent, arehiteet, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: ~0q~%e._~ for ( ) Owner, or ( ) Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: ~pplicantJOwner(s) [] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~' · c~/. 0 ~/ FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for A~-Built Construction •Other: I O ~ 1~'~ t_.. c~.r~n~, ~ Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article ~t~ Section 280- ~ ~ Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has~/has not been made with respect to this property UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office to assist you.). NameofApplicant..~'~A~L.~bdV~,~{~CTM#'~[ cf itL-t/ ZBAFile# REASONS FOR APPEAL (additional sheets tnay be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: ~._No. [3 Yes (please furnish co,v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure tO c[~nsult youthS.) ~ S'gnature of Appellant or Authorized Age,it (Agent must submit written Authorization from Notary PubLic Rt~h LOV~ Notary Public State of New York No. 01 L06054063 Qua ified in Suffolk County [ Commission Expires March 5, 20 CONNIE D. BUNCH Notary .Public, State of New York mo. 01BU6185050 ~ualified in Suffolk Count~ . Commission Expires April 14, 20/__~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR M~IIING ADDRESS: P.O. Box 1179 Southold, NY 11971 OI<I~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD Telephone: 631 766-1938 ,;j~,%F~ax:~631 765-3 3~" 3. 4. 5. 6. 7. Application for Re-Subdivision/Lot Lin Modification APPLICATION IS HEREBY MADE to the Town of Southold Pi~nning ']~oard for the proposed RE-SUBDIVISION described herein: Original Subdivision Name Suffolk County Tax Map # Hamlet Street Location Acreage of Site Zoning District Date of Submission people: Applicant: Please provide the names, addresses and phone numbers for the following Agent: Property Owner(s): Surveyor: Engineer: Attorney: 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. 10. DOES THE PROPOSED MODiFICATION: Affect the street layout in the original subdivision? /q/0 Affect any area reserved for public use? ~J O Diminish the size of any lot? Create an additional building lot? ~ ~) ° Create a nonconforming lot? x'/Cz - ~ ~ ~ Require a variance from the Zoning Board of Appeals? x){ (~j _ Impact the future planning of the subject properties? ~ 0 completed by frowner [ ] agent [ ] 1 1. Application other UPON SUBMITTING A COMPLETED APPLICATION, THE PLANNING BOARD V~ILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW. IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER, THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANDARD LOT SIZES, LOT WIDTHS OR MAKE EXISTING ~ STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS, THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BO~D APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING BOARD OF APPEALS. Signature of Preparer Date Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest alad allow it to tak~ ~vhatever action is necessary to avoid same. last name, first'name, middl~ ~nifial ~ unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the otherperson's or company'~ name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning Site Plan Other (Please name other activity) __ Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, mamage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes No ~f~ If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the pe. rson employed by the Town of Southold D. 0 Title or position of that person /q 0 Describe the relationship between yourself(the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, dkector, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted ~is~~ da..yAof~201~~ Signature Print Name ',? Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp i Recording / Filing Stamps Page/Filing Fee ) 3W __ Handling 5. 00 TP-584 .L Notation EA-52 17 (County) / , SubTotal EA-5217 (State) ' / ) Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Sub Total Other Grand Total 4 I Dist. Real Property Tax Service Agency Verification 08010645 iooo 03100 oeoo 012004 /. p T RaME A atisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment ~, Transfer Tax .,( Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO __ If NO, see appropriate tax clause on page #__ of this instrument. Community Preservation Fund consideration Amount CPF Tax Due $) Improved W Vacant Land TV /035 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk [ 7 I Title Company Information 310 Genter Drive, Riverhead, NY 11901 leo. Name ~/-~,~g C~o,%/ /z)~57¢c,c/- www. suffolkcountyny, gov/clerk ] Title # ~?~ c:~dg(fl ot''- /~ ~ 8 This page forms part of the attached ~SeeF~/ ~ ~3..}// (SPECiFY TYPE OF INSTRUMENT) ~ ~K~ ~ o/, , ~ ~/ ~e premises herein is situated in S-ffolk County Recording & Endorsement Page SUFFOLK COUNTY, NEW YORK. In the VILLAGE or HAMLET of ~//: made by: BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee , ?/ Handling TP-584 5. O0 ) Notation EA-52 17 (County) EA-5217 (State) ,/ R.P.T.S.A. Comm. of Ed. Affidavit Ceaified Copy NYS Surcharge Other ,%0.o0 5. 00 I 4 [ Dist· Real Property Tax Service Agency Verification 15. 00 Deed / Mortgage Tax Stamp FEES SubTotal Sub Toml Grand Total 08010645 ~ooo oa~oo oaoo o~2oo4 ~JME .Al Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkcou ntyny, gov/clerk RECORDED 2008 Fi.~y i3 02:57: CLEF'K OF SUFFOLK L Dd00~2550 P 867 D}~ 07-26500 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __. Dual County __ Held for Appointment Transfer Tax - ' Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instmmenL Community Preservation Fund Consideration Amount $ CPF Tax Due $ ,. Vacant Land TD TD 7 Ti~e Company Information d£ ¢ -/ q' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 4 Receipt Number : 08-0044836 TRANSFER TAX NUMBER: 07-26500 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 031.00 08.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Nogation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 07-26500 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JT3DITH A. PASCALE County Clerk, Suffolk County 05/13/2008 02:37:14 PM D00012550 867 Lot: 012. 004 Exempt $5.00 NO $15.00 NO $75.00 NO $0.00 NO $30.00 NO $0.00 NO $152.00 SAiD premises being and intending to be the same [ ises as was conveyed to the party of the first part by deed dated J~ulY 16, 2004, which deed was recorded on Ju~Y 29, 2004 in the office of the Clerk in the County of Suffolk in Liber D00012333 of deeds in page 882. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the cente~ lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted untO the party of the second part, the heirs or successo and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has no1 done or suffered anything whereby the said premises have been encumbered in way whatever, except as aforesaid. AND the party of the first part, in com¢iance with Section 13 of the Lien Law covenants that the party of the first part wi~ receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fur be applied first for the purpose of paying the cost of the improvements and w apply the same first to the payment of the cost of the improvement before us any part of the total of the same for any other purpose. The word "party" shall be construed as ii it read ,,parties" whenever the sen'. this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this de day and year first above written. Witness: Witness: DEED 'HIS INDENTURE made the 24th day of April, two thousand eight ;ETWEEN Scott Mulvaney, a/k/a Scott P. Mulvaney, and Diane Mulvaney, his wife, ~siding at 225 Marion Lane, East Marion, NY 11939, party of the first part and )iane Mulvaney, residing at 225 Marion Lane, East Marion, NY 11939, party of the econd part, VITNESSETH, that the party of the first part, in consideration of ten dollars and other aluable consideration paid by the party of the second part, does hereby grant and ~lease unto the party of the second part, the heirs or successors and assigns of the arty of the second part forever, tLL that certain plot, piece or parcel of land, with the buildings and improvements hereon erected, situate, lying and being at East Marion, in the Town of Southold, ;ounty of Suffolk and State of New York, bounded and described as follows: ~EGINNING at a point on the westerly line of Bay Avenue 696.03 feet southerly along he said westerly line from Main Road said point of beginning being the point of ~tersection of the southerly line of a right of way now or formerly owned by Walter V. Washburn and the westerly line of Bay Avenue; IUNNING THENCE along the westerly line of Bay Avenue south 34 degrees 12" 40" ,ast 24.97 feet to the land of Traffica; IUNNING THENCE ALONG SAID LAND OF Traffica and land of Schmidt the following wo courses: 1. South 56 degrees 35' 20" west 150.01 feet and; 2. South 34 degrees 12' 40" east 186.98 feet to land now or formerly of Puhlig: {UNNING THENCE along SAID LAND of Puhlig south 55 degrees 47' 20" west 42.98 feet to said right of way of Walter W. Washburn; ]UNNING THENCE along said right of way of Washburn the following two courses: .ID premises being and intending to be th8 same premises as was conveyed to ; party of the first part by deed dated July 16, 2004, which deed was recorded July 29, 2004 in the office of the Clerk in the County of Suffolk in Liber 0012333 of deeds in page 882. .GETHER with all right, title and interest, if any, of the party of the first part in to any streets and roads abutting the above described premises to the center ,"s thereof; TOGETHER with the appurtenances and all the estate and rights of party of the first part in and to said premises; TO HAVE AND TO HOLD the ;raises herein granted unto the party of the second part, the heirs or successors assigns of the party of the second part forever. ID the party of the first part covenants that the party of the first part has not ~e or suffered anything whereby the said premises have been encumbered in any ~y whatever, except as aforesaid. ID the party of the first part, in compliance with Section 13 of the Lien Law, cenants that the party of the first part will receive the consideration for this ~veyance and will hold the right to receive such consideration as a trust fund to applied first for the purpose of paying the cost of the improvements and will aly the same first to the payment of the cost of the improvement before using ~ part of the total of the same for any other purpose. e word "party" shall be construed as if it read "parties" whenever the sense of s indenture so requires. WITNESS WHEREOF, the party of the first part has duly executed this deed the ~ and year first above written. tness: tness: Sck'o~t~'l~l u Iva ngy a/k/~/ Scott ,.P,. Mul(~ney~ -- '~'~ '~v:~ !, Diane Mulvaney STATE OF NEW YORK, COUNTY OF SUFFOL'K ss.: On the 24th day of April in the year 2008 before me, the undersigned, a Notary Public in and for said State, personally appeared Scott Mulvaney, a/k/a Scott P. Mulvaney and Diane Mulvaney, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public LENARD MARLOW Notary Public, State Of New Yor~ No. 52-4715855 Qualified in Suffolk County Term Expires July 31 ~4~-,__ ~ ~, (. ~_~ TAX [qAP DESIGNATION Dm. 1000 $,c. 031.00 BIL 08.00 I_o~(,)~ 013.000 CONSULT YOUR ~ER B~OR! SIGNING THIS INSTRU~NT-THIS INSTRUMENT SHOULD lB USED BY ~WYERS OHLY. i~ffi ~D~ made ~ ~ day o[ December , n~et~ hundr~ ~d n~nety-six .B~ MarJorie T. Mysliborski and Shirley Viands Midland Place East Marion, New York 11939 es executor s o! Willetta A. Traffica Suffolk County who ~ed on the 20th day of party o[ the first part, and Betty J. Bresloff 32-44 46th Street Astoria, New York October 11103 , nineteen hundred and the last will and t~tnment of , IGte of eighty-six party of the second part, ~/ITNE~L:I~, that the p,qrty of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on August 20, 1996 and by virtue of'the power and authority given in and by said last will and testan~ent, mid/or by Article 11 of tbs Estates, Powers and Trusts Law, and in consideration of Ninety Thousand 00/100 ($90,000.00) .................................... dollars, paid by the party ol the second part, does hereby grant and release usto the party ol the second part. the distributees or successors and assigns of the party of the s~ond All. that ceRain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ~ingandbdnglathe Village of East Marion, Town of Southoid, County of Suffolk and State of New York, and more particularly described and bounded as follows: BEGINNING at a point on the southwesterly side of Bay Avenue distant 721.0 feet southeasterly from the intersection of the southerly side of Main Road (N.Y.S. Route 25) and the southwesterly side of Bay Avenue, said point being where the southeasterly line of land now or formerly of Susan E. Long intersects said southwesterly side of Bay Avenue; RUNNING THENCE South 34 degrees 12 minutes 40 seconds East 56.11 feet along the southwesterly side of Bay Avenue to land now or formerly of Frank R. Kruszeski; THENCE along land now or formerly of Frank R. Kurszeski South 57 degrees O0 minutes 20 seconds West 150.02 feet to land now or formerly of Susan E. Long; THENCE the following two courses and distances along land now or formerly of Susan E. Long: .. North 34 degrees 12 minutes 40 seconds West 55.02 feet; 2. North 56 degrees 35 minutes 20 seconds East 150.01 feet to the southwesterly side of Bay Avenue, the point or place of BEGINNING. TOGETH.ER with nil r[ght, title and interest, if any, o! the party o! the first part in a. nd to any streets and roads abutting the above described premises to the center lines thereof; TOGETHE.R wR.h the appurtenances, and also all the estate which the said decedent had at the time of decedent's death m --i-' .... ' ' ' the estate therein, which the .arty of the first part has or has ~"wer to cony ..... a: ..... ~ ~ ....... ually, or by wrtue of said will or otherwise; TO HAVE AND.TO HOLD the premises hereto granted unto the party of the second part, the distributees or successors and nas,gas of the party of the second part forever. A,ND,the party of the first par~ covenants that the party of the first part has not done or suffered anythlne wnereoy the said premmes have been incumbered in any way whatever exc~-t ~,- Subject to the trust fund provisions of section thirteen o'f t ~ Lien Law'. The word "party" shall be construed ss ii it read "parties" whenever the ~ense of this indenture so requires. IN WflNF...~ WHE. RF_.OF, the party of the first part has duly executed this deed the day and ye~,r G~st above writte~ . Mar~rie ?. Myslibo/cskt Shirley ST&Ti 05 NEW YORK, COUNTY OF SUFFOLK ssz On the ~'day of December, 19 96, before me personally enme NarJorie T. Nysliborski to me ]mown to be the individual described in and who executed the foregoing instrument, and acknowledged tlmt site executed the same. Notary Public STA11 OP NEW YORK, COUNTy O1~ esl On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that .he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows, th.e se~l of said corporation; that the seal affixed to .said instrument is such corpo~te seal; that it was so affLxed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF'NE~ORK; COUNTY 0' filflf~ ~'/~¥'~" sat On the ~0 day of December, 19 96, bdore ma personnlly ca~e Shirley Viands to me ]mown to be the individual described in and who executed the foregoing instrmnent, and acknowledged that she executed the ,,~s~e. E[ISSA SASKIEWk. Z '/ ~//,~, _.~ .~ / STATE OF NEW YORK, COUNTY OF ss: On the day et 19 , before me p~rsonally came the subscribing witness to the foregoing instrument, with w om ! am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrmnent; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same ~ne subscribed h name ~u~ witne.~s thereto TITLE NO. MarJorie T. Mysliborski and Sltirle¥ Viands TO Betty J. Bresloff TITLE GUARANTEE- NEW YORK A TICOR TITLE INSURANCE COMPANY SECTION 031.00 ULOC~ 08.00 LOT 0 [ 3. 000 C ( ~ [ I N T ¥ Xb~3~l{'}~ Suffolk STREET ADDRESS Bay Ave., East Marion, NY TAX RILl. INa ADDRESS Recorded Al Soquasl Of The Title Guarantee Company R~TURN BY MAIL TO: Frederick J, Tedeech~, Esq. P.O. Box 321 Greenport, NY 11944 Zip No. MARION LAKE 1fAR/ON LAKE APPEALS BOARD MEMBER~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, JL Michael A. Simon Leslie Kanes Wfisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IF'~t Floor, North Fork Bank 54375 Main Road (at Yotmgs Avenue) Southotd, NY 119'/1 http:llsoutholdwwn.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBEtL~TIONS, AND DETERMINATION (MAS) MEETING OF JANUARY 22, 2009 ZBA # 6228 - DIANE MULVANEY and BETTY J. BRESLOFF Location of Property: Marion Lane and Bay Avenue, East Marion CTM Parcels 1000-31-8'13 and 1000-31-8-12.4 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 Il category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's lot (Mulvaney) contains 34,124 square feet with 142.99 feet along Marion Road to the north, and 213.95 feet along the sof~h]east lot line along Marion Road. The adjacent lot (Breslof0 contains 8,340 square feet with . Both lots are improved with a single-family dwelling, as shown on the October 7, 2008 survey for lot line change prepared by John T. Metzger, L.S. for Peconic Surveyors, P.C. BASIS OF APPLICATION: This application is based on the applicant's request for a lot-line change and the Building Inspector's Notice of Disapproval citing code Section 280'18. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: This is a request for area variances concerning a proposed lot area for 1000-31-8-12.4, at 225 Marion Lane, which lot will become less conforming by reduc/ng its size from 34,194 square feet to 30,448 square feet in total size, and concerning 1000'31'8'13 at 730 Bay Avenue, East Marion, which lot will become more conforming by increasing its size from 8,340 square feet to 12,086 square feet. Page 2 - January 22, 2009 ZBA # 6228 - D. Mulvaney and B. Bresloff CTM ParceLs 1000'31-8-13, 1000-31-8-12.4 REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of relief will not produce an undesirable change in the character on the neighborhood and a possible detriment to nearby properties because the residential use of the properties will remain and the front yard setback will be increase. 2. Town Law Section 267-b(3)(b)(1). The benefit sought by the applicants cannot be achieved by some method feasible for the applicant to pursue, other than an area variance because an area variance is the only way town will recognize the new lot 3. Town Law Section 267-b(3)(b)(1). The variance granted herein is not substantial. Removing the existing right of way will decrease the degree of front yard nonconformity for Lot 1000-31-2-13. 4. Town Law Section 267-b(3)(b)(1). The difficulty has not been self created. It is created because a new right afway was constructed to give the owner of lot 1000-31- 2-12 access to their property and to eliminate the need for the right of way across lot 1000-31-2-13. 5. Town Law Section 267-b(3)(b)(1). There has been no evidence submitted to suggest that a variance in this residential neighborhood may have an adverse impact on the physical or environmental conditions in the neighborhood because nothing will change with respect to either of the above-mentioned conditions. '6. Town Law Section 267'b. The grant of the requested relief for the lot sizes is the minimum ac,~ion necessary and adequate to enable the applicant to enjoy the benefit of a lot lin~ change, while preserving hnd protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the, balancing test under New York Town Law 267-B, motion was offered bY Member Dinizio, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the October 7, 2008 Survey for Lot Line Change prepared by John T. Metzger, LoS. (Peconlc Surveyors, P.C.). Any deviation fxom the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning cede. This action does not authorize or condone any current or future use, setback or other feature of the subject Page 3 -January 22, 2009 ZBA # 6228 - D. Mulvaney and B. Bresloff CTM Parcels 1000'31'8-13, 1000-31-8'12.4 property that'may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva, Vice Chairwoman 2/2/2009 Approved for Filing Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 3, 2009 Mrs. Diane Mulvaney 225 Marion Lane East Marion, NY 11939 Mrs. Betty J. Bresloff 730 Bay Avei~ue P.O. Box 7,7~ E~t MariOn;NY- 11939 Re: ZBA# 6228 - Lot Area Variances (Change of Lot Line) Dear Ms. Mulvaney and Ms. Bresloff: Enclosed please find a copy of the .Findings, Deliberations and Decision rendered by the Zoning Board of Appeals at its January 22, 2009 meeting. Before commencing construction activities, other agency approval(s) would be necessary. Please contact the Planning Board Office (765-1938) regarding the next step in the application process. Thank you. Encl. CopYof DecisiOn tO: Buil~'ing Department Planning Board Office Very truly yours, 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. A~PLICANT/SPONS~R , 12. PROJECt, NAME 3. PROJECT LOCATION: Municipality ~'~] 'I~ [Ll~t~ ;b~ County S ~,L.~'~ I (~.~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSEO ACTION IS: [] New [] Expansion 6. DESCR,BE PROJECT SR,EFLY: 7. AMOU NT~OF LAN D AEFECTEO: Initially ~,~,, I~ ~ acres Ultimately .~oI ~ L~ ~ acres 8. WIL PI.~POSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND~SE RESTRICT,'ONS? ~ Yes [] No If No, describe briefly .... ~'~:'~' p 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? '-~ Residential [] Industrial [] Commercial De~'cribe: [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE~!_..OCAL)? [] Yes ~No If Yes, list agency(s) name and penmit/approvals: 11. ,~S ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ,/,~ Yes []No if Yes, list agency(s) name and permit/approve s .~/.~ (,/~ ~ I CERTIFY 'I~T THE INFORMA~IQN PEOVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDP~. Applicant/sponsorname: ~ I ~l ~/~'~[ Date:~P~-~~ ~f ~? Signature: !rt~_~ [,[~j~ '~ )~,~ ~l/,~jE1 I if the action is in the Coastal Area, and you area sta.te ag.ency, complete the I Coastal Assessment Form before proceeding w~th th~s assessment I I OVER 1 PART II - IMPACT ASSESSMENT e com leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ~]Yes DNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 If No, a negative declaration may be superseded by another Involved agency, [~Yes j']No C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Exls§eg air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A commun ty's ex sting pans or goals as officially adopted, or a change in use or intensity of use of and or other natural resources?. Explain brtefiy.. C5, Growth subsequent development, or related activ t es key to be induced by the proposed action'~ Explain briefly: C6. Long term, short term, cumulafive, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity ir type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No ~f Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain brief]y: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that expranations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CE,a ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl. EAF and/or prepare a positive declaration. ] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WiLl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) LASER FICHE FORM SUBDIVISIONS Prelect Type; Lot Line Chan,qes Status;r Final Approval SCT~#: t000 - 31.-8-12.4 Project Hame: MUlvaneyIBresloff Location: 150 feet s/w/o Bay Ave. East Marion Hamlet: East Marion Applicant Name: Diane Mulvane¥ & Betty J. Bresloff Owner Name: Mulvane¥, Diane Zone 1: R-40 Approval Date: 8/10/2009 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the mated information Zone 2: C and R's: Homeowners Association: R and M Agreement: Zone 3: Address: 225 Marion Lane & 730 Bay Avenue, East Marion CounW Filin~ Date: SCAN Date: SCANNED iA tiS 1 g 2a)g '1 Records Management Print - Maps Page 2 of 2 Bird's eye view maps can't be printed, so another map view has been substituted. http://maps.live.com/print.aspx?mkt=en-us&z= 1 &s=b&cp=qvmvgb8z4kw2&pt=pb 3/3/2009 SURVEY FOR LOT LINE CHANGE AT EAST MARION TOWN OF SOUTHOLD 1000 -31-08 -12.4 & 13 Scale: '1" = 30' Oct, 7, 2008 /. ZONING DISTRICT, R 40 FIRM ZONE X AREAS I000- 31-08~ 12.4 = 34,194 sql I000- 31" 08- 3 = 9~334 sq./h NEW PARCEL 2= 2~080 sq.//. OWNERS, 1000'31-08H2.4 DIANE & SCOTT MULVANEY 225 MARION LANE EAST MARION~ N Y. 11939 & BETTY J. 8RESLOFF 730 BAY AVE. EAST MARION~ N.Y. 11939 BETTY J. BRESLOFF 730 BAY AVE. EAS.T MARION~ N.Y. 11939 · =MONUMENT · =PIPE OCT-83~08 BOARD OF APPEAL P.O. 1230 SOUrHOLD, N. E NO. 49618 765-1797 08-160