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HomeMy WebLinkAbout6285 Office Location: Town Annex/First Floor, Capital One 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING HELD AUGUST 18, 2009 ZBA FILE # 6285 - MICHAEL and KATHLEEN MIGGINS, Applicants PROPERTY LOCATION: 200 East Lane (and adjacent land known as 555 South Lane), East Marion CTM 1000-31-1~'-~ .,,- 13 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 EXEMPT: This: application is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property, CTM 31-15-12, is a 13,987 square foot lot, located at 200 East Lane that merged with an adjacent 8,902 square foot lot, CTM 31-15-13, located at 555 South Lane. Lot 13 measures 93.16 along South Lane on the south, 99.51 feet along the westem boundary, 93.16 feet along the northern boundary, and 99.51 feet along East Lane on the east. The lot is improved with a single family house, as shown on a survey by John Uetzger, L.S., dated January 29, 2009. Lot 12 is a 13,987 square foot unimproved 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. BASIS OF APPLICATION: The application is a request for a waiver of merger to unmerge two properties, based on the Building Inspector's February 23, 2009 Notice of Disapproval, citing Zoning Code Section 260-10(A). ADDITIONAL FACTS:' Lots 12 and 13 and other lands were acquired by Frank and Lois Thorp on December 19, 1949. Vacant parcel number 12 was created by a recorded deed in 1968 and qualifies for lot recognition under §280-9(1). A variance by the ZBA was granted for Lot 13 on September 13, 1957. Granting that 1957 variance qualifies as recognitioh by the ZBA of Lot 13 under §280-9(4) of the Zoning Code. Lot 13 was transferred by Frank and Lois Thorp !o Gabrielle Daly on October 17, 1957, and a Certificate of Occupancy dated 9/22/1970 was issued for a new house on Lot 13. The lots merged in 1983 when both were owned by Gabrielle Daly O'Neill. The lot is not exempt from the merger provision under Section 280-10 (C) (2). Lot 12, the portion to be unmerged in the present application, is vacant. Page 2 -August 18, 2009 ZBA # 6285 - MICHAEL and KATHLEEN MIGGINS CTM 1000-31-1 ~-~'Z.,,~- ~ FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 25, 2009, at which time written and oral evidence were presented. These lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family. The Zoning Board finds that, pursuant to Resolution No. 2008-950 adopted by the Southold Town Board on October 21, 2008, amending the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the waiver is granted. 1. The lot proposed to be recognized was not transferred to an unrelated person since the time of the merger. Ownership of the two lots passed to the grandfather of the present co-owner through inheritance by death, thus exempting the properties from the merger law. 2. Balancing the factors set forth in §280-11 (2) weighs in favor of the applicant as follows: a. The lot to be recognized is 13,987 square feet, and is larger or of comparable in size to the majority of improved lots in the neighborhood. Examples of comparable lots include, but are not limited to, lots 38-6-1, 38- 6-3, 31-16-11.31-15-13. b. The lot to be dnmerged is vacant. It has historically been treated and maintained as a separate and independent residential lot, having belonged to James O'Neill and/or Gabrielle Daly O'Neill continuously from 1957 until its transfer in 1999 to their grandson Michael Miggins and his wife Kathleen Miggins. c. 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. There are no wetlands and no reported environmental constraints. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code §280-11(2), a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the a~plication for waiver of merger concerning CTM Lot 12, as applied for. was du,y adopted/4-0 , .-/_.... / G,~.E,.RARD P. GOEHRINGER, CHAI dAN 8/~...t12009 (....,.../'Approved for Filing N/O/F JOHN E. JONES ~ WIFE  SUFFOLK COUNTY, N58~8'$0"£ ~ 30.00' - 1000-31-15-1,2,  SCALE' I'--RO I ~ JANUARY 29, 2009 ~/°'/F ~oB~R'~ w. o~xot4 SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD N.Y. CERTIFIED TO: MICHAEL D. M!GGINS KA THLEEN A. MIGGINS D~ {¢RivATg r, · =PIPE ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP,-..'A'N&-~QPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR p~,_cI~,t~'~*'..~-AL-- '~*'~' OF THE SURVEYOR H,t"IOSE SIGNATURE APPEA~..._.~..~'r..~.,-.~ / AREA=13987 SO. Fr. 12J0 7R;4_VELEf~ STREETI no_¢n¢ SOUTHOLD, N.Y. 11971 I ~J~' ~"~ SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-31-15-13 SCALE: 1'=20' JANUARY 29, 2009 REVIEWED BY ZB~ SEE DECISION ~ ~ 24.3' BRICK CERTIFIED TO: MICHAEL O. M.,GG/NS KA THLEEN A, MIGGINS sot~rx4 / (pRiVATg ROAD) 92, =PIPE ANY ALTERATION OR ADDItiON TO THIS SURVEY IS A WOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIt4SION 2. ALL CERtiFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON, ~-, rKS' LIC. NO 49618 ('6~'T~./O.2~'FAX (6J1) 765-1797 1230 TRAVELER STREETI sou~OLD, N.× 11971 ~ ~--~ I LOT COVER,~SE AREA OF HOUSE -- 1~19 SO.FT. ,249/8902 SO. PT = I~I~ I =PIPE SURVEY O? PROPERTY AT EAST ~IARION TOFN OF $OUTHOLD SUFFOLK COUNTY, N, Y. I~00-31-15-13 $CAL~, 1'=20' JANUARY 29, 2009 ,V,4RO.I 6. 2009 (Lol Cover=gel CERTIFIED TO: WICHA£L D, %hC, G/NS KA 7HLEEN A. WIC~IN$ AREA:8,902 80. FT, -~N.Y.S. Ua NO, /?ECONIC $O,~VEYORS, P.O. (6J$) 765-5020 FAX (Sit) 765-t79~ P.O. BOX 909 1230 TRA~ER S~EET 09 SOU~OLD, N. K 11971 --1 FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Patricia Moore for Michael & Kathleen Miggins 51020 Main Rd. Southold, NY 11971 Date: February 23, 2009 Please take notice that your application dated February 11, 2009 For a permit for merger determination at Location of property 200 East Lane, E. Marion, NY Tax Map No. 1000 . Section 31 Block 1~5 Lot 12 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot SCTM#1000-31-15-13 pursuant to Article II, Section 280-10(A) which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time alter July 1, 1983. An adjacent lot is one which abuts with parcel for a common course of filty(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." !,~,aR - 9 2009 For Office Use Only Fee: $ Ih-D, """- Date Assigned/ZBA File # Filed by: ~. t, lta~ Office Notes~.~'R'~L WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED February 23, 2009 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED under Town Code Chapter 280 (Zoning), Article II, Section 280-10__for: [] Building Permit [] Permit for As-Built Construction [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Other waiver of merger Owner of Parcel for Waiver: Michael D. Mi~,~ins and Kathleen Mi~ins, his wife Owner of Adjacent Parcel: Michael D. Mi~,~ins and Kathleen Mi~,~ins, his wife Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: 9352 Bavmore Circle, Fairfax Station VA 22039 Telephone No: 703-887-1099 Fax/Email Agent for Owner: Patricia C. Moore Address:51020 Main Road, Southold NY 11971 Telephone No: 765-4330 Fax/Email:_pcmoorel(~,optonline.net Please specify who you wish correspondence to be mailed to, from the above: [] Owner, or [] Authorized Representative X I (we), Patricia C. Moore Esq. as attorney for Michael & Kathleen Miggins_, request that the Zoning Board of Appeals waiver the merger and recognize the original lot lines under the provisions of Article I1, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for the purpose of to unmerge Suffolk County Tax Map District 1000, Section 31_ Block 15 Lot 12 containing 13,987 square feet located at No # Street East Lane , to be unmerged from District 1000 Section 31 Block 15 Lot 13 containing 8,902 square feet( Corner Lane & South Lane (aka Old Orchard Lane). Th~-property is located in Residential Zone District. The vacant lot to be unmerged was originally created by deed dated 1949 (Tax Lot 31- 15-12). Vacant Parcel from Adjacent improved parcel (Tax Lot 31-15-13) created by subdivision by Frank s. Thorp and Lois Johnson Thorp by deed and a variance (Appeal #23 of 9/13/57) granted variance for undersized lot, and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The lot to be unmerged has not been transferred to an unrelated person or entity since the time the merger was effected. Prior owner James O'Neill and M.Gabrielle O'Neill separated lots since 1978. Death of wife did not result in merger (Exemption 280-10 C (6)). When Miggins ourchased lots, as husband and wife, the lots merged because they were not aware of "merger law". Miggins have not transferred lots to unrelated persons. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: Gardener's Bay Estates subdivision contains similarly sized lots of 10,000sq.ft., this is a densely populated area of similarly sized parcels. Prior owner maintained lots as single & separate. They purchased parcels by separate deed. Mr. And Mrs. Milan,ins live in Fairfax Virginia and were not aware that lots could not be placed in the same name. Variance granted in 1957 recognized that the lots in the area were similarly developed. The two parcels have different configurations, the improved lot faces South Lane while the vacant lot faces East Lane. The lot to be recognized is similarly sized to the neighboring lots surrounding Marion Lake. The surrounding community (Gardener's Bay Estates Section I, II and III) was developed in 1926 and 1968. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: Each lot has a separate address and the Miggins family purchased two separate parcels. The parcels are of different sizes and the corner parcel obtained a variance in 1957 prior to construction of the house. The prior owners, M. Gabrielle Daly (O'Neill) and James O'Neill kept the lots separate and transferred title throughout the 25 years that they owned the parcels into individual name to maintain the separate title. The merger law was changed in 2007 (pt revision) to exempt the merger by death. Because the Miggins inadvertently purchased the lots in the same name, the Miggins family had to wait until this recent revision to the merger law to pursue the waiver of merger. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: The parcel has no environmental constraints. There are no wetlands and the lots appear on the Health Department records therefore sanitary approval is grandfathered, there is public water in Gardener's Bay estates. Please check one or more of the following that apply to the lot to be unmerged: [] This lot was formerly approved by the Southold Town Planning Board on Predates lots of Gardener's Bay Estates III (attach copy). 73 This lot was approved or shown on a map approved by the Southold Town Board during (attach copy). E This lot was approved by the Board of Appeals on 9/13/57 Appeal 1123 (please attach). 73 A search of Town records found no approvals or other action by the Town of Southold, except for Application 11 23 in the Year 1957 (please attach copy). [3 A search of Town records found a Certificate of Occupancy was issued. 9/22/70 a dwelling or other purpose on SCTM Lot #13_ (please attach copy). (Attach additional sheets if needed). Owner (Parcel 1) day of ~(~'} Sw°~° be'fore methis ~7'~ffL//~-~/''~/.~)-~./~q F~ _ / Not~f~-~i~ / ,200 q Owner (Parcel 2) ,200 ~ ZBA 12/95; 3/06; 11/08 for QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? house and lot merged If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel __ Existing residence on tax lot 13 and proposed use unmerge vacant lots (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/05; 1/07 PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR /,4 3 PROJECT LOCATION: Mu nicipalib/ ~/.,¢¢~.,~/~¢/ 61720 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map /oo~, - ~ ( - /~-- 12__ </ /_~ 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: 7 AMOUNT OF LAND AFFECTED: Initially . ~ acres Ultimately ' ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~ Yes LJ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) I~ Residential []Industrial []Commercial E]Agriculture [] Park/Forest/Open Space []Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~lYes [] No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~]Yes r~No If yes, list agency name and permit / approval: ICERTIFY THAT TA~INFOFCERTIFY THAT T-INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /,Sp~/~~.~ Date: Signature ~ ,::2- ~? - fp ~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY ~YPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [~] Yes tiNe 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 thvolved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwdfien, if legible) C1. Existing 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 community's existing plans or goals as o~cially adopted, or a change inten;it~ ;ius; of iand or other natural resources? Explain briefly: C5 Growth subsequent development or related achwbes I~kely to be ~nduced by the proposed acbon9 Explain br~effy C6. Long term, shott term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either uanfi or tye of ener ? Ex lain bdefl ' D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If~Yes ex~lain: E~] Yes tine ............................... PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~Ve~determineWhetheritissubstantia~~~arge~imp~rtant~r~therwisesignifican~~ Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; {e) geographic scope; and (f) magnitude, if necessary, add attachments or reference suppoding materials. Ensure thai explanations 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 evaluale the potential impact of the proposed action on the environmental characteristics of Ihe CEA. Check this box if you have id entiffed 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 suppoding documentation, thai the proposed actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi.~ determination. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-31-15-12 & 13 Michael & Kathleen Miggins AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals [] waiver of merger 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) (c) Financial assistance (e.g. grant, loan, subsidy) [] Permit, approval, license, certification: [] Type:- · Town of Southold LWKP Consistency Assessment Form 1 Nature and extent of action: __ Location of action: Site acreage: __ Present land use: Present zoning classification: __ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Michael & Kathleen Mieeins (b) Mailing address: 9352 Bavmore Circle, Fairfax Station VA 22039 (c) Telephone number: (703)887-1099 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section 1II - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The existing residence will be un-merged from vacant lot Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111 - Policies Pages 3 through 6for evaluation criteria Yes I~ No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section 111 - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Town of Southold LWRP Consi5lency Assessment Form 2 Discussion (if appropriate): no change- looks like two properties NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate).' no flooding experienced- dry land Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section Ili- Policies Pages 16 through 2 ] for evaluation criteria Yes [] No [] Not Applicable [] Discussion (ifappropriate): improved lot approved by ZBA to build the house in 1957 Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and ~Vildlife Habitats and wetlands. See L~VRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate) Not adjacent to waterfront Policy Z Protect and improve air quality in the Town of Southold See LWRP Section lII- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no air qualltv issues Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LFYRP Section III-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): existing lots to be "unmerged" Town of Southold LWRP Consistency Assessment Form 3 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not waterfront parcels WORKING COAST POLICIES Policy 10. Protect Southold~s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not waterfront parcel Policy 11, Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LI'VRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): dry parcels in the Gardener's Bay Estates area Policy 1Z Protect agricultural lands in the Town of Southold. See L kVRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not in agricultural use Policy 13. Promote appropriate use and development of energy and mineral resources. See L~RP Section 11I- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): lot maintained separate tax map number and treated as separate parcel *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 APP .... ~NSACTIONAL DISCLOSURE LICAIS'L~ TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first me, middle initial, unless you are aPplying in the nara~-o-~'~me0ne else or other entity, such as a company. If so, indicate the other person or compan3~ name : .) NATURE OF APPLICATION: (Check all that apply.) I ~A~) ~ , .~,~ Variance Special Exception *Other Approval or Exemption ' - from plat or official map Change of Zone -- - Tax Grievance *If "O ........ mcr name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or empl0yee,,o,f the Town of S.o,,uthold? "Relationshin' includes~y bl~9_ood, marriaee, or business interest. Business interest means a busin partnership, in which the .... rr~-~_ ~_~_ , ~ .~ ess~_. ~ncludin~ a ~ __To ....... l~t or empm~en a__p_artial o~ ~¥) a co_rporation in which'~he Town shares' -- offic~er or ~ore~e YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the To,am officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her~ spouse, sibling, parent, or child is (check all that apply): __. _ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporati6n); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); _ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~-dly~; f~j~ pSi.gnature:.~c~z~ nnt Name:~35~ cc AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any spdclal'use pe~tnit, site. plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm aperation'located in agricultural distric~ .411 applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with seCtions 239- m and 239-n of the General Municipal LaW. 1) Name of Applicant: 2) Address of Applicant: 3) Nme of L~d O~ (if 4) Ad.ess of L~d Om~: 5) Description of PropOsed 6) Location of Property (road and tax map number): 7) Is the parcel within an agricultural district? UNo []Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No i-]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or fi.om any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 193~ §. or~_~Zon~g' ~'-'--~.--'~ ~--B°ard of Appeals at 765-1809. ~'"-~' Signature of Applicant Date Note: I. The local board will solicit comments fi.om the owners of land identified above in order to consider the effect of the proposed action on their farm operation~ Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 27, 2009 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Margaret Rutkowski Secretary - 9 2009 Re: Michael & Kathleen Miggins 1000-31-15-12 & 13 Dear Chairman and Board members: Enclosed please find an application for waiver of merger for the above referenced property together with the following additional documents: 2. 3. 4. 5. 6. 7. Notice of Disapproval Recent survey of the house parcel and the vacant lot Single & separate ZBA questionnaire Short EAF Property card One LWRP for your file- not waterfront parcel therefore exempt Please place this matter on the calender at the earliest 'possible date. ~yours, ~~ia C. Moore TOWN OF SOl BUILDING DE TOWN HALL SOUTHOLD, ~ TEL: (631) 765: FAX: (631) 765-9502 Sou tholdTown.NorthFork, net PERMIT NO. Examined ,20 Approved ,20,__ Disapproved a/c Expiration 20 __ BUILDING~IIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Buildlng Plans Planning Board approval Survey. Cheek Septle Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: 7~,f' ' f/fi. fa) Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit tO the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months aiter the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the properly have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building D~partment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, ho~ code. and regulations, and to admit authorized inspectors on premises and in building for necessary inspections./~-. ~ ~3~[gnature of applicant or name, if a cool,oration) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises If applicant is a corporation, signature of duly authorized officer (As On the tax roll or latest (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will, he done: House Number Street 7 County Tax Map No. 1000 Section Subdivision Hamlet ~/,t~,,4~ ) Block /,-~ Lot /~ Filed Map No. a~,~' ,',1~,~ 2. State existing use and occupancy of premises and intended t~se an ccc ed'col~truc on: a. Existing use and occupancy~.____~ ~I~!(;~'~O~ .............. ~,. ~ .... J b. Intended use and occupancy 3. Nature of work (check which apPlicable): New Building. Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor NO __ Will excess fill be removed from premises? YES __ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear .Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth. Height. Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ 13. Will lot be re-graded? YES__ NO NO__ Address Phone No. Address Phone No Address Phone No. 14. Names of Owner of premises Name of Architect Name of Contractor 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Signature of Applicant .Mar OB O~ 10:53p M. D. ic~ins O~ ?33 ~837 p. 1 9352 Braymore Circle Fairfax Station, VA 22039 08 March 2009 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 MAR 9 2009 Dear Mrs. Moore, My wife and i, as co-owners of the properties at 555 South Lane (Suffolk County Tax Map Number 473889 31.~15-13) and 200 East Lane (Suffolk County Tax Map Number 473889 31.-15-12) in East Marion, NY 11939, authorize you, as our attorney, to obtain a waiver of merger of these properties on our behalf. Kathleen A. Miggins Michael D. Miggins TITLE NUMBER: PAC-3897 VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEP~ )SES AND SAYS:' THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 712008 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 111/1957. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHOLD TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 7131/08 SWORN TO BEFORE ME T~IS 31st DAY OF JULY, 2008 NOTARY PUBLIC MICHELLE VAIL Notary Public, State of New York No. 01VA498~98-Suffolk County Commission Expires December 16, 20 PECONIC ABSTRACT, INC. BY: '~ ' JEANNE AI~I'E~ OFFICE MA~AJ:~ER TITLE NUMBER: PAC-3897 Su biect Premises: 1000-031.00-15,00-012.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Frank S. Thorp and Lois Johnson Thorp, his wife to James O'Neill, Jr. and Gabrielle Daly James O'Neill, Jr. and Gabrielle Daly O'Neill nee Gabrielle Daly, his wife to James O'Neill, Jr. Dated: 12/19/49 Recorded: 12/19149 Liber 3028 page 407 (premises and more) Dated: 12/30168 Recorded: 4/7/69 Liber 6530 page 342 (subject premises) Dated: 3/27/91 Recorded: 411/91 Liber 11240 page 474 James O'Neill To Michael D. Miggins and Kathleen A. Miggins, his wife Dated: 7114199 Recorded: 7/19/99 Liber 11976 page 834 LAST DEED OF RECORD Sworn to before me this 31't day of July, 2008 ~ Notary Public MICHELLE VAIL Notary Public, State of New York No. 01VA498g798-Suffolk County Commission E×pJras December 16, 20 ~ Peconic Abstract, Inc. by: l"~t'""' Jeanne Anst~ffice Manager TITLE NUMBER: PAC-3897 North of Subject Premises: 1000-031.00-15.00-011.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12/19/49 Recorded: 12119149 -~ Liber 3028 page 407 (premises and more) Frank S. Thorp and Lois Johnson Thorp, his wife to John E. Jones and Evelyn M. Jones, his wife Dated: 1/13/67 Recorded: 1/18/67 Liber 6103 page 5 LAST DEED OF RECORD Sworn to before me this 31st day of July, 2008 Notary Public Peconic Abstract, Inc. by: ~ Jeanne An e~ffice Manager MICHELLE VAIL Notary Public, State of New York No. 01VA4983~798-Suffolk County~ £ommissior, Expir3. s December 16, 20 ' TITLE NUMBER: PAC-3897 South of Subject Premises: 1000-031.00.15.00.013.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Frank S. Thorp and Lois Johnson Thorp, his wife to M. Gabrielle Daly Dated: 1/2f~9149 Recorded: 12/19149 Liber $028 page (premiSes and~ore) Dated: 10/15157 Recorded: 10/17/57 Liber 4378 page 402 (subject premises) M. Gabrielle Daly nlk/a M. Gabrielle O'Neill To James O'Neill and M. Gabrielle O'Neill, his wife Dated: 917/71 Recorded: 9/7/71 Liber 7000 page 278 James O'Neill and M. Gabrielle O'Neill, his wife To M. Gabrielle O'Neill Dated: 12111/78 Recorded: 12/29/78 Liber 8560 page 509 James O'Neill, as beneficiary of The Estate Dated: 7/14/99 of M. Gabrielle O'Neill Recorded: 7/19/99 to Libor 11976 page 8~ ~ ~"r~ Michael D. Miggins and Kathleen A. Miggins, his wife LAST DEED OF RECORD Sworn to before me this 31st day of July, 2008 Notary Public MICHELLE VAIL Notary Pubiic, State of New York No. 01VA4989798-Suffolk County Commissior, Expiras December 16, 20 Peconic Abstract, Inc. Jeanne Anstefl, Office Manager TITLE NUMBER: PAC-3897 East of Subiect Premises: 1000-038.00-06.00.016.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12/19/49 Rec, orded: 12/19149 (~emer 3028 page 407 ises and more) Frank S. Thorp died 8/13/75 Suffolk Surrogates #1749P1975. Lois Johnson Thorp died 414/95 Suffolk Surrogates #1030P1995 Frank S. Thorp, Jr., as Executor of Lois Johnson Thorp To Old Orchard Homeowners Association, Inc. Dated: 9/18/95 Recorded: 9~23~95 Liber 11763 page 725 r~ LAST DEED OF RECORD East of Subiect Premises: PRIVATE ROAD - EAST LANE Sworn to before me this 31st day of July, 2008 Notary Public Peconic Abstract, Inc. by: ~. Jeanne Am~'t, Office Manager M1CHELLE VAIL Notary Public, State of New York No 01VA4989798-Suffolk C°unty,c~. · ~ · 16 20 CommiSs~ori ~xp[l~s December , TITLE NUMBER: PAC-3897 West of Subject Premises: 1000-038.00-06.00-003.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12/19149 Recorded: 12/19/49 Liber 3028 page 407 (premises and more) Frank S. Thorp died 8/13/75 Suffolk Surrogates #1749P1975. Lois Johnson Thorp To Daniel McMonigle and Genevieve A. McMonigle Dated: 2/28/78 Recorded: 3113/78 Liber 8400 page 358 LAST DEED OF RECORD Sworn to before me this 31.t day of July, 2008 Notary Public Peconic Abstract, Inc. by: n~,O ' Jeanne A ffice Manager M~CHELLE VAIL Nota'y Public, State o! New York ~' 798 Suffolk Co, mW No 01~A4989 - - ~. TITLE NUMBER: PAC-3897 West of Subject Premises: 1000-038.00-06.00.002.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12119/49 Recorded: 12/19/49 Liber 3028 page 407 (premises and more) Frank S. Thorp and Lois Johnson Thorp, Dated: 11/21158 his wife Recorded: 12/1158 to Liber 4553 page 7 William J. Mullane and Gladys Mullane, his wife William J. Mullane and Gladys Mullane, his wife to Robert G. Kramer and Dorothy C. Kramer, his wife Dated: 715167 Recorded: 7/7167 Liber 6180 page 81 Robert G. Kramer and Dorothy C. Kramer, his wife To Thomas M. Siculiano and Ann Marie Suculiano, his wife Dated: 9/11/72 Recorded: 11/30/72 Liber 7293 page 388 Thomas Siculiano and Dated: 1/29/74 Ann Marie Siculiano, his wife Recorded: 2/19/74 To Liber 7590 page 244 Thomas M. Siculiano, Ann Marie Siculiano and ~. Gertrude Lorenc Continued ..... Sworn to before me this 31st day of July, 2008 Notary Public MiCHELLE VAIL Notary Public, State of h~ew York No. 01VA4989798-Suffolk County Commission; Expires December 16, 20 Peconic Abstract, Inc. by; Jeanne An~ett, Office Manager Title No. PAC-3897 Page 2 West of Subject Premises: 1000-038.00-06.00-002.000 Thomas M. Siculiano, Ann Marie Siculiano Dated: 10129/76 and Gertude Lorenc Recorded: 11/8/76 to Liber 8136 page 271 Mark S. Sharman and Kerry T. Sharman, his wife Mark S. Sharman and Kerry T. Sharman, his wife to Allan B. Robertson and Maude P. Robertson, his wife Dated: 6/12/79 Recorded: 819/79 Liber 8673 page 592 Allan B. Robertson and Maude P. Robertson, his wife To Maude P. Robertson Dated: 3~29~05 Recorded: 10/26105 Liber 12416 page 657 Allan B. Robertson and Maude P. Robertson, his wife To Maude P. Robertson Dated: 3~29~05 Recorded: 11/23/05 Liber 12421 page 568 LAST DEED OF RECORD Sworn to before me this 31,t day of July, 2008 Notary Public Peconic Abstract, Inc. by: ~ff Jeanne A ice Manager MICHELLE VAiL Notsry Public, State of New York No. 01VA498~798 Suffolk Cour~t~, Cor~missioe Expir3s i~ce ~oe r, 2(, ___. TITLE NUMBER: PAC-3897 Subject Premises: 1000-031.00-15.00-013.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12/19/49 Recorded: 12/19/49 Liber 3028 page 407 (premises and more) Frank S. Thorp and Lois Johnson Thorp, his wife to M. Gabrielle Daly Dated: 10/15/57 Recorded: 10117157 Liber 4378 page 402 (subject premises) M. Gabrielle Daly n/Ida M. Gabrielle O'Neill To James O'Neill and M. Gabrielle O'Neill, his wife Dated: 9/7/71 Recorded: 9/7/71 Liber 7000 page 278 James O'Neill and M. Gabrielle O'Neill, his wife To M. Gabrielle O'Neill Dated: 12/11/78 Recorded: 12/29/78 Liber 8560 page 509 James O'Neill, as beneficiary of The Estate Dated: 7114199 of M. Gabrielle O'Neill Recorded: 7/19/99 to Liber 11976 page 833 Michael D. Miggins and Kathleen A. Miggins, his wife LAST DEED OF RECORD Sworn to before me this 31`t day of July, 2008 Notary Public MICHELLE VAIL Notary Pubiic, State of New York No. 0WA4989798-Suffolk County Commissiori Expires Decerober 'i6, 20 Peconic Abstract, Inc. by: Jeanne ~, Office Manager TITLE NUMBER: PAC-3897 North of Subject Premises: 1000-031.00-15.00-012.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12/19149 Recorded: 12/19149 Liber 3028 page 407 (premises and more) Frank S. Thorp and Lois Johnson Thorp, his wife to James O'Neill, Jr. and Gabrielle Daly Dated: 12/30168 Recorded: 4/7169 Liber 6530 page 342 (subject premises) James O'Neill, Jr. and Gabrielle Daly O'Neill nee Gabrielle Daly, his wife to James O'Neill, Jr. Dated: 3127/91 Recorded: 411/91 Liber 11240 page 474 James O'Neill To Michael D. Miggins and Kathleen A. Miggins, his wife Dated: 7114/99 Recorded: 7119199 Liber 11976 page 834 LAST DEED OF RECORD Sworn to before me this 31st day of July, 2008 Notary Public Peconic Abstract, Inc. by= Jeann~tt, Office Manager MICHELLE VAIL Notary Public. State of New York No. 01VA4989798-Suffolk County Commission Expir~=s December 16, 20 TITLE NUMBER: PAC-3897 West of Subiect Premises: 1000-038.00-06.00-006.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12/19149 Recorded: 12/19149 Liber 3028 page 407 (premises and more) Frank S. Thorp and Lois Johnson Thorp, his wife to Edna G. Smith Dated: 9119151 Recorded: 9122151 Liber 3267 page 303 Edna G. Smith died 12/6160 Suffolk Surrogates #20P1961. Ida W. Hurst, as Executrix of Edna Grace Smith To Dorothy H. Dixon Dated: 9115161 Recorded: 9119161 Liber 5050 page 583 No proof of death for Dorothy H. Dixon in Suffolk County. Robert W. Dixon and Mary Elizabeth Silver, as Devisees under the Last Will and Testament of Dorothy H. Dixon To Robert W. Dixon Dated: 8113/99 Recorded: 8123/99 Liber 11984 page 261 LAST DEED OF RECORD Sworn to before me this 31~t day of July, 2008 Notary Public Peconic Abstract, Inc. by: ~)~. Jeanne A ~i~J~L Office Manager MiCHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suflolk County Commission Expiras Dec~mbef 16, 20 TITLE NUMBER: PAC.3897 East of Subiect Premises: 1000-038.00-06.00-016.000 Mary Thieringer To Frank S. Thorp and Lois Johnson Thorp, his wife Dated: 12/19149 Recorded: 12/19149 Liber 3028 page 407 (premises and more) Frank S. Thorp died 8/13/75 Suffolk Surrogates #1749P1975. LOis Johnson Thorp died 4/4/95 Suffolk Surrogates #1030P1995 Frank S. Thorp, Jr., as Executor of Lois Johnson Thorp To Old Orchard Homeowners Association, Inc. Dated: 9118/95 Recorded: 9123/95 Liber 11763 page 725 LAST DEED OF RECORD South of Subject Premises: PRIVATE ROAD - SOUTH LANE East of Subject Premises: EAST LANE Sworn to before me this 31st day of July, 2008 Notary Public Peconic Abstract, Inc, by: ~ Jeanne AnsFtet{, Office Manager MICHELLE VAIL Notary Public. State of New York . No. 01VA4989798-Suffolk County Commission Expires December 16, 20 § 280-8 ZONING § 280-9 except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the emctinn of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter. D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with the Zoning Ordinance in force prior to this chapter if the following is found to exist: (1) A building permit shall have been duly issued and construction shall have been started before the effective date of this chapter. (2) The ground story framework (including the second tier of beams) shall have been completed within six months of the date of the building permit. (3) The entire building shall have been completed in accordance with such plans as have been filed with the Building Inspector within one year from the effective date of this chapter. E. Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but to have been included for the purposes of clarity and emphasis. [Amended 1-10-1989 by L.L. No. 1-1989] F. Notwithstanding the limitations imposed by any other provisions of this chapter, no building, dredging or filling operation shall be permitted below the datum of mean high water of tidal waters unless such building, dredging or filling operations have been duly authorized and are conducted in conformity with all laws, ordinances, roles and regulations of all governmental agencies having jurisdiction thereof.6 § 280-9. Lot recognition. [Added 11-28-1995 by L.L. No. 23-1995; amended 7-22-1997 by L.L. No. 22-1997] A. A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA* as of the date of lot creation. 6. Editor's Not~: Sec also Ch. 96, Boats, Docks and Wharves, and Ch. 27S, Wetlands and Shoreline. 7. Editor's Note: Bulk Schedule AA is located a the end of this chapter. 280:27 08. Is. z007 § 280-9 (2) $OUTHOLD CODE § 280-10 The lot(s) in question is/are approved by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not' recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. All lots are subject to the merger provisions of § 280-10. § 280-10. Merger. [Added 11-28-1995 by L.L. No. 23-1995] A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July l, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lost shall merge until the total lot size conforms to the current bulk schedule requirements. [Amended 4-10-2007 by L.L. No. 10-2007] B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. [Amended 4-10-2007 by L.L. No. 10-2007] C. Exceptions. Lots which are recognized under § 280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: [Amended 3-4-1997 by L.L. No. 4-1997; 4-10-2007 by L.L. No. 10-2007] (1) The nonconforming lot has a minimum size of 40,000 square feet; or (2) The nonconforming lot obtained a lot size variance from the Zoning Board; or (3) If the lot is not on the maps described in former § 100-12,s the nonconforming lot has been held in single and separate ownership from July 1, 1983, to date; or (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date; (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one; or (6) If the lots would otherwise be recognized pursuant to this chapter and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner. Editor's Note: Former § 100-12, Exceptions, was repealed 11.28.1995 by L.L. No. 23-1995, effective January 1, 1996. 280:28 o8- ~s- ~ § 280-10 ZONING § 280-10 Proof of merger. The Town shall require a person seeking determination of merger to provide any or all of the following documents for evaluation: [Amended 34-1997 by L.L. No. 4-1997] (1) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the Town. 280:28.1 08 - 15 - 2007 § 280-10 (2) (3) (4) ZONING § 280-12 A copy of the current tax map and survey of the lot. A copy of the original survey of the lot. A title search showing single and separate ownership of the property from July 1, 1983, to the present time, prepared by a Suffolk County title insurance company indemnifying the Town of Southold with $25,000 of insurance. (5) Other additional information or documentation as may be deemed necessary. E. Effect of merger. No building permit or other development entitlement will be issued by the Town until this section has been complied with. The Building Department will issue a written determination whether a property fails within an exemption to the merger provision. §280-11. Waiver of merger, ~ '~/~) 'L~IL~"°~°~ A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ARTICLE III Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts [Last amended 1-10-1989 by L.L. No. 1-1989] § 280-12. Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low,Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss .of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to 280:29 os. 01. Southold Town Board - L& .  &~-IV ~_/ 2008-950 ADOPTED Board '1,. oeting of..Octobe~flf 0¢1 2 9 2008 Item # D: 4323 THIS IS TO CERTIFY THAT THE FOLLOV/ING 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 $outhold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 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. Iq 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 ..... ?T'~' ' ~y,wers~f-q~ts deemed "merged" may apply to waive those mergei's under certain " cir~u~sta'n~esl ] I I,~,! ;?hal?~t~280 of {he Town Code of the Town of Southold is hereby amended as follows: § 280-1 I. Waiver of merger. A. Ifa lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public bearing and Generated October 22, 2008 Page 12 ~ B'b,,,d Meeting of October 21, 2008 So!~[boId Town Board-,,~etter 0 (1) The lot pro!:~osed to be recognized has not been ~ansfe~ed to ~ u~elated person ~" ~ ' ' or entity since the time the mer~er was effected; ~d (2) Dpon bal~cin~ whether: ~e proposed waiver would recognize a lot that is comp~able in size to a maiority of the improved lots in ~e neighborhood; ~b) The lot proposed to be recogni~ is v~ant ~d has historically been treated ~ mainlined ~ a sep~ate and independent residenti~ lot since the date of its original creation; ~d The proposed waiver and remgniti0n Mil not create ~ adverse impact on th~ physical or environmental conditions in the neighborhood or dis~ict. (4) III. SEVERABILITY ' 's If any clause, sentence, paragraph, section, or part of th] 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: P, uland, Orlando, Krupski Jr., Wickham, Evaos, Russell ~ 6 i~ 130 Generated October 22, 2008 o~ y~gx Page 13 Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L. No. 23-1995; amended 7-22-1997 by L.L. N°. 22-1997] Date of Lot Creation Prior to April 9~ 1957 Between April 9~ 195._7~, and December 1~ 1971 A Residential Zone B and B-1 Business Zone B-2 Business Zone Multiple-Residence Zone C Industrial Zone Lot Size s~uare feet) '-- Any °°°- _12,500 Between Decem~d June 302 A Residential Zone M Light Multiple Residence M-I Multiple Residence Zone B___~_ght Business Zone B- 1 General Business Zone C-Light Industrial Zone C-1 Heavy Industrial Zone 1983 . 40 000 _ 40,000 80~000 20,000 30 000 4o,ooo___ · 2~00~00 Width Depth (feet) (feet) 100 .Any _ 50 50 Any_ 100 .Any 135 175 135 Any 200 Any 60 Any 15o 200 300 ~Any 280 Attachment 5:1 0s - Reference: Appeal No. Z~ Dated AwA~St ACTION OF THE ZONING BOARD OF APPEALS OF New York. ~0 ~,,,~ m~ ~"e'T_. 1~ ~.~.~.? ATm. Appellant ,,, IMi,)l~t11& ~m~tiP ~. T. At a meeting of the Zoning Board of AppeAls on SopS. 12 , 19~_.__, reference appeal was considered and the action indicated below was on your: ( ) Request for an interpretation of the Zoning Ordinance ( ) Request for a special permit under the Zoning Ordinance (z) Request for variance to the Zoning Ordinance ( ) Request for a temporary permit INTERPR~'~ATION. The Board adopted the following resolution which states its interpretation of the Zoning Ordinance as requested in your appeal: the taken e SPECIAL PERMIT. By resolution of the Board it was determined that: a special permit ( ) be granted ( ) be denied pursuant to Artiele Section ~ Subsection , paragraph of the Zoning Ordinance, and the decismon of the Building Inspector ( ) be reversed ( ) be confirmed because: 3. VARIANCE. By resolution of the Board, it was determined that: (a) Strict application of the Ordinance would, ~ produce u~due hardship because · s · oorae~Xe hel~lau~ emma te (b) The e hardship crea~ed is, ~ unique and ~ would not~ be shared by all properties ·like in the i~ediate vicinity of this property and in the s~e use district because~ (c) The variance does, ~, observe ~he spiri~ of the Ordinance and~, would no~, c~anKe ~He c~aracter of ~He districts because ot~r lote~~-~ and, it was further determined that the requested Variance theref°re(x)' be granted ( ) be denied and that the previous decision of the Building Inspector ( ) be confirmed ( ) be reversed, ~. T~POR~ P~IT. By resolution of the ~oard it was de~ermlned that a ~emporary permit ( ) be granted ( ) be denied STATE OF I~W YOlk, ~ ss: co~ o~ sm,~,o~, ..... ~-~'----~.~:~.--.~ ............... b~ d~ s~ys that ....~ ........ is ~nter ~,~ ~b~er of the S~FOLK ~, a newspaper pub~ed ~t G~, in s~d county; ~d that the notice, of ~ich the ~nex~ ~ a p~ted oopy, has b~n pub~hed ~ the s~d B~fo~ T~es once tn e~ch week, f~ .............. ~ .................................. week~ succ~s~vely co~enc~ on ~e ........... ~ ....................... Sworn to before me this ......~.~.:..... , .~ :~~--.~~ .............. NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL · o ..~.~..~..~,~. ...................... for permit to construct .......................................... at the premises I~ated at ....~ .,~.~.~.~,~ ~ M~ Z~...~.~k-- ~ / .............................................. Lot ..... ~ is ..~.~ ......... ~.~...~.~.~.....~......~.~ ............................ TO THE ZONING BOARD OF APPEAL APPEALS,,, lf£1 Appellant Municipality Street and Number 'l State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR BUILDING PERMIT NO.,., DATED , 19 . WHEREB~-T~E BUILDING INSPECTOR ( ) GRANT ( ) DENY To Of Name of Applica~permit Street and J~er J~cipality State ( ) A PERMIT TO USE./ ( ) a PE~IT FOR~UPANCY ( ) A. ~ LOCATION OF T~ PROPERTY~ Street & N~be~ ~se Dist~ct on Zonin~ 2. PROVISION(S) OF T~ ZONING ORDINANCE APPEALED (Indicate the Article section, subsection and paragraph of the Zoning Ordinance being appealed by n~ber. Do not ~uote the Ordlnanee.)~3.. ~~ ~.~ '~6 ~ · 3. TYPE O~ APPEAL Appeal is made herewith for ( ) An interpre~ation of ~he Zoning 0rdi~nce or Zoning Map A spec a permit A variance to the Zoning Ordinance or Zomimg Map A temporary permit 4. PREVIOUS APPEAL A previous appeal has ( ) has not (2~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal(s) was ( ( ( ( and was (were)made in Appeal No. Appeal No. Appeal No. Appeal No. a requested interpretation a request for a special permit a request for a variance a temporary permit dated dated dated dated_ · '19__ 19 19 19 REASON FOR APPEAL (Complete relevant blank. (a) (b) (c) Use extra sheet if necessary. INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED because A SPECIAL PERMIT UNDER THE ZONING ORDINANCE IS REQUESTED Pursuant~ to Article Section Subsection__Paragraph A VARIANCE TO THE ZONING ORDINANCE IS REQUESTED FOR THE REASON' (1) STRICT APPLIgATION of the Ordinance would produce UN~.HARDSHIP because~-,,~ .j'~-~,.~.~v1 .-,~,~ "J-,~-t.t,_- ~.~-.~---- (2) The hardship 9r~a~.is .~N~QV~ an~ ~.not shared by all p~gperties REASON FOR APPEAL (Con't.) r.% (3) The VARIANCE would observe the spirit of the ordinance and would NOT CHANGE THE CHA~ACTE~ OF THE DISTRICT because: (~~ '~'~'4 ~A'~ (d) A TEMPORARY PERMIT IS I~EQUESTED'because: ! ~ (e) EXTENSION TO A TEMPORARY PERMIT IS REQUESTED because: STATE OF NEW YORK) COUN'£ Z OF..~. ~ SS Sworn to this ~O day of ~, 19~-7, Notary Public Signa%ure COUNTY OF SUFFOLK I STATE OF NEW YORKI ss. Frederick C. Hawkins, being duly sworn, says that he is the owner and punisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- successively, commencing on the ............. ~2:..t[f.L. ............. day of .. Sworn to before me this ' ...... ~ ................ day of .... ;~, .~..: ...... 19.~..J/' ................... .~- ~..~ ......... ~... ~7~f-X_ ....... Notary Public / / Mx'. 1~ S. Thorp I20 Roeka~ay Ave. P~ckvtlle Center, Ther~will be s publiehearin~uopnyour application for & variance to the B~lldin~ Zone Ordlnanee, A~tiole III, section ~05 held by the Zonl~ Board of.Appeals, a~ ?~J~ PM. ( E.D.£,T.~ ~eptember 12, 1~7, Xn the Town Cler~'e Off~oe, ~ain ~treet, ~muthold, N.Y. truly Bu~ldln~ InsPector LEGAL NOTI CE NOTICE OF HEARING Pursuant to section 267 of the Town Law and the .provisions of the Building Zone Ordinance of the Town of Southold, Suffolk Couhty, New York, a. ublic hearing will be held by the Zoning Board of Appeals of ~he Town of Southold, at the Town Clerk's Office, Main Street, Southold, N.Y., on September 12, 1957 at 7:45 PM.. upon the application of Frank S. Thorp for a variance of the Building Zone Ordinance, Article III, section 305. This property located on a private road (south lane ) East ~;arion, N.Y. Any person desireing to be heard on the above application should appear at the time and place above specified. Dated August 30, 1957 By order of the Zoning Board of Appeals of To%~ of Southold, Howard M. Terry building Inspector. Please publish once kept. 5, 1957 and forward affidavit of publication tothe Building Inspector immediately. Tha~ you SHIPYARD LANE CECAR )CKy PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 1, 2009 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Margaret Rutkowski ....... Secretary JUL ] 2009 Re: Michael & Kathleen Miggins 1000-31-15-12 & 13 Dear Chairman and Board members: Enclosed please find tax map pages Section 31 and 38 showing the ~neighborhood" and I have identified the vacant parcels. As you can see there are so many undersized lots in this area that your request required investigating several separate pages on the tax map. There are only 5 vacant lots (including the subject lot) out of 37 properties. A significant majority of the neighborhood is developed. I wish to clarify the record and apologize for my confusion, Miggins, Daly and O'Neill are all related (see attached family tree). Mr. and Mrs. Miggins acquired title of the two parcels from his parents after Mr. Miggin's mother died. As the single and separate title report shows Mr. Miggin's mother and father, Daly & O'Neill, were very careful to keep the parcels single & separate. The parcels remained separate since the parcels would be exempt from merger due solely from co-owner's death. Thereafter, in accordance with the standards set forth in the waiver law, the parcels were transferred within the family to their only child Michael Miggins. Mr. And Mrs. Miggins did not realize that they could not take title together, in the same name. Therefore, we respectfully request that the waiver of merger be granted. Miggins Waiver of Merger- Neighboring Properties Tax Map ~1000-31-15-1,3,4.1,5,6,7,8,9,10,11,13 improved Tax Map #1000-31-15-2, 12 (applicant's) - vacant lots Tax Map ~1000-31-16-2.2,2.3,2.4,3.1,3.2,4,5,9 Tax Map #1000-31-16-6 - vacant improved Tax Map #1000-38-6-1,2,3,6,7,8,9,11,12,13,14,15 Tax Map ~1000-38-6-4,5 - vacant lots improved Total improved: 31 improved Total vacant: 5 vacant Total: 36 parcels cc: Mr. And Mrs. Miggins FAMILY TREE OF MICHAEL D. MIGGINS Mother: Father: M. Gabrielle Daly Born: Dec 20, 1913 NY, NY Michael Joseph Miggins Born: July 4, 1910, Croton on Hudson, NY Died: 1956, White Plains, NY Married late 30's in White Plains, NY Only Child Michael D. Miggins Born: Aug 8, 1944 White Plains, NY M. Gabrielle Daly Died: April, 1991, E. Marion, NY FL Step Father James O'Neill Born: 1913 Yonkers, NY Died: Jan, 2004, Ft. Lauderdale, Married 1972 Formaly adopted Michael D. Miggins in 1978 (I have a copy of the adoption decree.) Michael D. Miggins Born: Aug 8, 1944 White Plains, NY Married 22 October 1966 White Plains, NY 2 Children: Kristin D. Miggins (Kilroy) Born: Dec 11, 1967 Ft. Bragg, NC Michael C. Miggins Born: Aug 10, 1970 NY, NY Kathleen A. Isherwood Born: Aug 25, 1944 White Plains, NY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 ZBA Town of Southold - June 25, 2009 31-15-13 MRS. morning. HEARING #6285 - Michael and Kathleen Miggins MEMBER WEISMAN: "This is a Lot Waiver request under Article II, Code Sections 280-10A and Section 280-11, based on an application for a building permit and an application to unmerge properties for an area of 13,987 square feet as a separate lot. Based on the Building Inspector's February 23, 2009 Notice of Disapproval determination and Article II, Code Sections 280-10A and Section 280-11, this 13,987 square feet of land are has merged with the adjacent 8,902 square feet of land area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion shown as County Tax Map Numbers 1000-31-15-12 and 1000- respectively." MOORE: Thank you. Yes, good We have two parcels here -- CHAIRMAN GOEHRINGER: We need you to state your name for the record. MRS. MOORE: Oh, sorry. Patricia Moore on behalf of Mr. and Mrs. Miggins. Pugliese CourtReporting and/ranscriptionService (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 ZBA Town of Southold - June 25, 2009 The parcels are, as was stated, two nonconforming parcels that are in what is commonly known as Gardiner's Bay Estates; however -- section 1, 2, and 3. The improved parcel appears to have been created through Zoning Board action in 1957 as Zoning Board decision #23, which I think is one of the earliest ones I've read in recent time, that Zoning Board decision did recite,the fact that this area is of undersized lots and the house that is on that parcel, which faces South Lane, is of similar character to the community. Mr. and Mrs. Miggins, when they purchased the property, were unaware that they merely had to put one parcel in one family name versus both of their names. They bought them, both lots, by separate deed with -- as husband and wife and, unfortunately, at that time it merged. The parcel to the north, which would face East Lane, is an adjacent parcel by the rear property line of the South Lane parcel. They face two separate streets. The Miggins when they purchased this property, O'Neil- Daley, husband and wife, had owned the parcels PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 ZBA Town of Southold - June 25, 2009 for some -- well, the parcel to the back since '68 and the house parcel since '71. Unfortunately, they had merged by death, which that provision of the Code was corrected. So we have a continuous single.and separate parcel up until the Miggins purchased it in the same name. So we think that we are complying with the provision of the merger law. They have owned the property, not transferred it to anyone unrelated. They still remain as the owners of the parcel. With respect to recognizing the lot that is comparable in size to a majority of the improved lots in the neighborhood, as I said before, this is the area of Gardiner's Bay Estates. If you have the opportunity or have had the opportunity to go down to this area, you will see houses that are all very similar, small parcels. The lots are on average anywhere from 7,000 square feet to 10,000 square feet of varying dimensions. The larger parcels being on the water, which are narrow parcels that appear on the map of Gardner's Bay Estates. The parcels have been maintained as PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 ZBA Town of Southold - June 25, 2009 separate pieces. You will see when you go down there that the parcel that -- the vacant parcel that faces East Lane remains wooded, undeveloped and all that we saw was a concrete cover, which quite frankly nobody has yet been able to determine or at least my client has been unable to determine what that is. It may have been an old sanitary system. It may have been an old well site. Gardiner's Bay Estates does have public water and the house does have public water. So that is the only improvement on the vacant parcel and, as I said, in the old days, often times, nobody got surveys between -- before sanitary systems were dug. So it's very likely it could be an old sanitary system. CHAIRMAN GOEHRINGER: The house was purchased when, Pat? MRS. MOORE: This particular -- the house was purchased -- let me just make sure I have the right date. I'm sorry, I have it right here. The house was purchased in '99 from the O'Neil-Daley family. Mrs. Daley, unfortunately, passed away and Mr. Daley, as the surviving spouse, transferred the house to Pugliese CourtReporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 ZBA Town of Southold - June 25, 2009 Mr. and Mrs. Miggins. CHAIRMAN GOEHRINGER: A/Id when was the lot purchased? MRS. MOORE: I'm sorry, I couldn't hear what you said. CHAIRMAN GOEHRINGER: When was the lot purchased? Oh, the -- MRS. MOORE: Both parcels were purchased at the same time. CHAIRMAN GOEHRINGER: Okay. MRS. MOORE: Yes. Yes. As I said, it would have been a very simple avoidance of the merger had they realized that if they merely put the one parcel in just the husband or the wife's name. They weren't aware of it and in '99 when they purchased, the correction to the merger law with husband and wife when there is a death had not yet been established. So -- CHAIRMAN GOEHRINGER: There is Town water there? MRS. MOORE: To my knowledge there is Town water, yes. CHAIRMT~N GOEHRINGER: Town water or a centralized water system. PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - June 25, 2009 MRS. MOORE: Yes, a public water system, yes. CHAIRMAN GOEHRINGER: A public water system. MEMBER WEISMAN: Yeah, I just want to make sure I've got the -- the improved lot is 13,987 and the adjacent lot that you wish to unmerge is 8,902 square feet? MRS. MOORE: Uh, let me just double that. check 38 MEMBER W~ISMAN: Or it's the other way around. MRS. MOORE: Yeah, I'm looking -- yeah, have separate surveys in your file, but the improved parcel is 8,902. MEMBER WEISMAN: Okay, then the bigger one is the one -- MRS. MOORE: The bigger one is 13,987, which happens to be larger than most of the lots in that area. That parcel we think was created by Mr. Thorpe by deed. It may have been an area that was retained by Mr. Thorpe for future Gardiner's Bay Estates IV, but by then the zoning had changed. So -- PuglieseCourtReportingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 ZBA Town of Southold - June 25, 2009 MEMBER WEISMAN: Okay, no further questions. MEMBER SCHNEIDER: No questions. CHAIRMAN GOEHRINGER: I don't think I have any further questions. Is there anybody else would like to be heard on this application? Would you like to use that one or do you want to cross to the other side? MRS. MOORE: Oh, go ahead. I -- MR. KPg~MER: Thank you. CHAIRMAN GOEHRINGER: State your name for the record, sir. MR. KRAMER: Good morning, my name is Gregory Kramer and I'm here on behalf of my wife Elizabeth Kramer who is the owner of 85 East Lane and that is the property that is across the street from this, 200 East Lane, and I'm here to oppose the application. The purpose of my opposition is that the area over the past 10 years has become more developed. There -- this property sits on a block where there's a -- the most recent construction was on a parcel that was approximately 0.80 acres, substantially larger PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4O ZBA Town of Southold - June 25, 2009 than this lot. I understand that there is a history to this parcel, but many people are burdened by the merger law and although it's unfortunate that some people do lose the abi. lity to build on a lot because of the merger law, I think the spirit of the law is that we're trying to preserve the open space and we're trying to see properties on larger parcels that are unique to this area. My home is on a parcel that's 0.6 acres. The parcel next door that's immediately across the street from 200 is on a half an acre. The waterfront properties are perhaps comparable to the 13,000-square-foot area that this parcel is on, but the parcel on the corner, that's on the corner of South Lane and East Lane, that's quite a small parcel. It's just over 8,000 square feet. So the merger actually of these two properties actually gives that total area that they have now about 21,000 square feet, which I think that size is more in keeping with the area that we're talking about. So we're opposing the application. CHAIRMAN GOEHRINGER: Okay. PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Southold Town Hall Southold, New York June 25, 2009 9:45 a.m. Board Members Present: GERARD P. GOEHRINGER - Chairman/Member LESLIE KANES WEISMAN - Member KENNETH SCHNEIDER - Member LINDA KOWALSKI - Board Assistant JENNIFER ANDALORO - Assistant Town Attorney ABSENT: RUTH OLIVA - Member MICHAEL A. SIMON - Member Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 ZBA Town of Southold - June 25, 2009 MR. KRAMER: I would also mention that there are some other neighbors. I don't personally know the Miggins', but there are some other neighbors who do know them and they're not here today because of their relationship and I think they don't want to do something like that to their friend, but they are not happy about this application. I know I'm perhaps the only one opposing it today, but there are others who are not happy about this. CHAIRMAN GOEHRINGER: Thank you. MR. KRAMER: Thank you. CHAIRMAN GOEHRINGER: Ms. Moore, is there a possibly that you could -- you've done this in the past, I don't want you to do the whole subdivision, but could you do the immediate area and tell us what's vacant and what's not? MRS. MOORE: Sure, I can provide that for yOU. That's no problem. CHAIRMAN GOEHRINGER: Yes. Would you provide that? MRS. MOORE: Yes. CHAIRMAN GOEHRINGER: You know, within a two street area. We're not talking about -- PuglieseCourtReportingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 ZBA Town of Southold - June 25, 2009 MRS. streets, Estates. CHAIRMAN GOEHRINGER: Yeah. MRS. MOORE: I have no problem. MOORE: Yeah, within the surrounding I would imagine, the Gardiner's Bay I would like to point out though that the improved parcel on South Lane was the subject of a Zoning Board, as I pointed out before, the Zoning Board approval, and the prior law, I don't think this one has it, but it exempt in a sense a lot that had gotten Zoning Board approval. So the improved parcel in and of itself, got it's own -- got approval to be developed. So we are now merging it to a vacant lot or the vacant lot is now merging to a vacant lot that was previously approved by Zoning Board'action. So it does create a very unusual circumstance here that we're adding land to a parcel that had Zoning Board -- had been granted a Zoning Board variance. of Yes. CHAIRMAN GOEHRINGER: that variance? MRS. MOORE: Oh, it's Do you have a copy in your packet. Pugliese CourtReporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 ZBA Town of Southold - June 25, 2009 CHAIRM3~N GOEHRINGER: Yeah. MRS. MOORE: It's number 23. CHAIRM3LN GOEHRINGER: We do have it. MRS. MOORE: Yes, I Yeah, we have it. know you do. It was the lot land about 15 years ago. MRS. MOORE: No, No. CHAIRMAN GOEHRINGER: No, MRS. MOORE: BOARD ASST.: MRS. MOORE: developed. CHAIRMAiq GOEHRINGER: Zoning Code at that time, published in a newspaper. in 1957. In 1957. Oh, 1957. Yeah, that's how the lot got There wasn't even a it was actually In other words, there wasn't a book of zoning. BOARD ASST.: And there wasn't a merger law back then either. PuglieseCourtReportingandTranscriptionService (631)878-8355 setbacks and it was a recognition that had already been or was the balance of that was owned by Thorpe after he had sold off CHAIRMAN GOEHRINGER: Yeah, I remember. MRS. MOORE: It's within your vintage? BOARD ASST.: That was quite a while ago, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 ZBA Town of Southold - June 25, 2009 that setbacks. BOARD ASST.: Yeah, CHAIRMAN GOEHRINGER: lot, too. So -- MRS. MOORE: Yes. I will provide that that I always find and I CHAIRM3LN GOEHRINGER: Yeah. MRS. MOORE: But I don't know why it was then the Zoning Board -- well, it got setbacks. Thank you. Well, it's a corner It is a corner lot. for you. One aspect think is important to note on waiver of merger applications is that, in fact, when you force people to merge or accept the merger of properties to make one entire parcel, it tends to in a sense change the character of the neighborhood because now the house that is there, which is kept small and only 14 percent lot coverage, there is no incentive to keep the houses small. Now you've got a half acre parcel that you could theoretically develop 20 percent of that. So you end up, in a sense, with neighborhoods that are well established with undersized lots you get these merged properties that all of a sudden you end up with undersized houses that get developed on the piece that are somewhat Pugliese CourtReporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 ZBA Town of Southold - June 25, 2009 out of character of the area and that is my observation of keeping the lots just as they have been developed as undersized because you and you keep the character of the area. When you develop this vacant lot, you'll be developing it with a house that again is within the setbacks of that property or presumably. Certainly, there's less justification for variances when you have a piece like this that you can comply with the Code. CHAIRMAN GOEHRINGER: Did you want to say Something? MRS. MOORE: Did you want to say -- UNIDENTIFIED: Yeah, I want to say -- MRS. MOORE: Sure. UNIDENTIFIED: Why is the 1957 variance - is that still valid today? I mean we have a lot that is merged and we've created a conforming lot. Would that ZBA decision still stand and I'm just putting that out there. MRS. MOORE: Yes. I believe -- well, as you know Zoning variances run with the land. The house, this particular house, if you wanted to make improvements to it, the Zoning PuglieseCourtReportingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 ZBA Town of Southold - June 25, 2009 Board decision in a sense grants you the variances for the setbacks that you've created. So, in a sense, the Zoning Board decision converts what are nonconforming setbacks to conforming setbacks based on the Zoning Board decision. So -- UNIDENTIFIED: What were the variances granted in the 1957 decision? MRS. MOORE: Oh, gosh. I have to go back and look. UNIDENTIFIED: Was one lot size? no. CHAIRMAN GOEHRINGER: MRS. MOORE: No. I don't believe it was one, CHAIRMAN GOEHRINGER: No, it was setbacks cause it was a corner lot. MRS. MOORE: It was a corner lot so setbacks, but in the determination of granting that variance there was a recognition that it -- that the size and character of the area enabled the Zoning Board to grant a variance for a house with those setbacks because again it was not out of character. So part of the deliberations and the basis of the decisions supports that the character of the area had Pugliese CourtReporting and TranscriptionService (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 ZBA Town of Southold - June 25, 2009 already been established for this particular lot. UNIDENTIFIED: Thank you. CHAIRMAN GOEHRINGER: Just to further expand that, okay. It has nothing to do with this application, but if a person gets the variance to build a house, this is my take on it; however, gets no further building permit application there is a possibility that -- and they build structures on the property, like accessory structures or whatever, you know, those are just like any other structure they build without a permit and that's just a -- MRS. MOORE: That's not applicable here. CHAIRMAN GOEHRINGER: That's not, I know, I said that. I said that in general. MRS. MOORE: Okay. CHAIRMAN GOEHRINGER: Absolutely not. Anybody else like to speak? Hearing no further comment, I'll make a motion closing the hearing, reserving decision until later. MRS. MOORE: Yes, subject to my submission of the vacant lot versus improved lots. PuglieseCourtReportingandTranscriptionService (631)878-8355 ZBA Town of Southold - June 25, 2009 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN GOEHRINGER: Yeah. That is correct. MRS. MOORE: Okay, thank you. MEMBER WEISMAN: Second. (See Minutes for Resolution.) Pugliese Court Reporting and Transcription Service (631) 878-8355 03; .00 1124 474 , ...,_..,,,/.,:__ MI'?+,;~ O'~lt4,, d~,, hulband and wife, both reaidAn(~ ~t JAI4~S O'N{XGb, ~R,, roaiding at South and lilt gae~ #atAon, New York, 1AgJ9 ~,n~Ba at ~:abt N~.t'lon, Town o~ Southold, Stii'folk County, Nov Yu~k 342, TOGgTII~H with an o(iiemon: to pa~a and repams over 8curb bane, Emit Lanu, Wont Lane and North Lane out over Sylvan ~rivo and Old OrcHard :'~,,* ,,.,id ($10,001 doll.re per : .... for th~ uio of euch boach~ thim to bo paid to tho pattl-~ ~£ the t~tit part In advance on tho flout day of January In ouch and crecy year beginning ~anuaty l, 1969. Zt is undorstoou and agreed that the pactiee nC the ~auon6 p~tt ate not to receive any titln to tho land in laid beach or .m,{y rightn or title ll a?5 to tho waters and tho lend nndor w~ters adjoin|ag said b,,ach nther than th. ~m. a~ sot forth above, tho parties of tho ~tmond p~rt to uso tho .aid beach and ~n[oru entirely et. their o~n risk and they coven~r,L and a~ree to hold the partt~s of the ~trst part harmless from any da~aqe or claim for dn~mqo which tho parties et tho second part or their distrtbut~,ea o~ nsaiUna may ~uffor 1[ d~f,'~ult bt, made In Lhn t~nynteni of acid sum of ton the lard until patti, and r¢lgulation# if any ot tho Town or County end to tho following PARTIER OF TIlE distributoea and assigns do hereby covenant with the parties of the first part, their legal representatives, distributoou and assigns that they will not uae or permit tile said premises to be used for uny purposes whatever other than private dwnlling residential purpo~osI that eo building of any kind other than one dwnLtinrj house shall bo erected on said promises and it shall by tho parties o~ the tirst part bolero construction is atartodl Chat no qarago shall bo steeled upon enid promises unless It is urocCod as ~ part of tho dwelling ~h~reon, plan :o be approved in writing by tho parties of tl~o first part, and no owullln~ ahall bo ore,ted upon said p~omiaoe io~. than tun {10) ~uet ~rom the aide lines thoroo~ or n~:ar.r titan thirty {]O} foot ~o the linu~ parties of tho first part. That no fence o[ any kind shall be uro~od or permitted upon auld pt'amines whether h~dgcor otherwise more than throe {3) foot in hoight~ that no outoido toilet shall kind or building for the maintenance of any animal shall bo erected tho land, it being undoretoodandmndu a condition thereof that they may bo altered or annulled at uny time hy tho written consent o[ tho ownurm of tho land which may bo conv.yod to other owners by tho p,mt'~ioa of tho first part, second part for thoms¢,lvem, their legal representatives, The beach of which the uno iR granted to tile parties of tho second 67,34 feat northuaatorly of thn northeasterly line of land conveyed thlmCe mouth 31' 1' lO" east 177.68 feet aiol~ other land of the westerly n air,tight lin¥ along other landor the parties o~ thc lin,) of uald land auld to Gornant which point i~ distant 178.94 150.82 fou~ ~ore or iaea to tho point of ifa intersection witl~ monument on the southerly aLde of South l,~no distant 7~.75 ieot 11240P 6 I[[DER TO BARGAIN AND gALE DEED DATBD CIABRIELL~ DAI,Y O'NEILl, hoe OAI{RIELL~ DAI,Y alld JA~ES '"' O JAMES O"NEILL, JR. J It. lO.4l four ~o ~ho ~il~[ of bouinnin~, '~~ E ...... J.. ~.,,,,,NE ~__ ·~,,~ , ~.~,.:~ ...~ 4UL ~ ~ 'ru ' I g~ GOMMUNIW I'1) 'rlllo ~ ~, ~ Suffolk County Recordm8 & Endorsement Page lOVeR) ~Q~y, T VO~ L,I,W~II~ IIPQ~I mQMN~ Till INrlI~aI~'-THII IImT~I~IN? j~XjL~ a Olio iiV L~W,flI~ THIS INDBNTU~, mado tho BE~N J~ O'~, ~di~ at 1201 N~r R~ch DHvo, ~t, 41}, Fo~ ~udo~llo, ~oddl 333 IS, u ~ oft~ ~tlt. ofM. ~del~e O'N~II 93~2 B~ Ci~Io, F~ Vir~a ortho W]TNESSETH, tlmt the I~rly ot'th~ tim ~, In ~n~ldo~tion ofT~ DolI~ ud oth~ ~le ~d~tlon ~ by t~ ~y o~t~ ~ ~fl, d~ ho~y ~nt ~ ~1~ unto t~ ~ or ALL '11~T CERTAIN poor, pl~ or IXtrc~i o! lind, with tho buildlnjl thereon .sltu?, I~ ~ ~ it ~t M~, T~fl oF S~ld, C~n~ of Suffolk ~d Smto oF N~ YorK, nd ~ ~ ~oul~y ~u~ ~ d~d~ u follows:- ~IyB~IN~NO II~lt ~of ~t~iflt~o,°t In~d of t~ no~ly It~ of South~ wl~ RUNNINO TH~iCB ,outhw~d¥ .ton~ uid iinoof South l.arm, 92,~5 foot lo land now or formm'ly of' Bdnl O, Smith; RUNNINO THBNCE northw~t~dy lxtm~ld with tl~ ~outhw~toriy tine of Bast L4tn~ mid ~ of Bdnl O. Smith, 100 THBNCB north~ztm'ly ptnlllol with Smith L4no, 92,$I$ ftxt to th~ touthwo,tt~rly lido of' B~t THI~CE IouUmut along Mid lit,4 of Bast Limo, 100 f~t to the point of ilI~GINNIN(]. TOO~rHBR wrri.I ~n~u, rtlht of way ud ~ubJ.~t to covon~mu Ifld mtrlotion, ~:;torth in tim d~d mm'dad in Libor 4318 p'lo 402, ~ BBINO AND INTENDED TO BE tho -nme pmmJio~ eot. woyed,to M, Oabr~ello O'Neill by deed dated I:Xcembor 11, 1978, and r~corded In tho Suffolk County Clerk', Office on Doeombor 29, 1978 in Libor 8~60 pqo :509, TOOG'THB.R WITH an ~ment to paso ~ repass over South Lane, l~st L~mo, West Lame, North Lane out over Sylvan Drive and Old Ch'chard Lane to the Msdn Rood for tho puqx)so et Iccozs to said promises from ~d hllhwiy, TOOBTHBR WiTH tho rliht to uso tho bo~oh ~on{ O~dinor's {~y For balhinl and dmllar purposo~ with mm o~,ement for i rtiht or w~y over the path Io~din{ from South Lane to ~dd beIKh, such uso to bo lubjoct to such raison.bio roitrtctlons u may bo Imposed and to bo in common with other personl to whom slm{~' rtshts ely be {rifted, This dend does hereby create o Joint tonenoy with tho rtsht of survivorship betwoon tho party tho first part end tho part{oe ortho s~.oM part. TOOP-THER. with Idl r~ht, title ind interest, it' imy, or tho plrty or tho first part in and to any struts and reeds obuttlni tho nbove described premises to th~ tinier lines thoroo~ TOGETHER, with tho eppurtemmces and ltl tho estete and fights or tho p~y or tho first part In and to Mid pror~dm; TO HAVE AND TO HOLD tho preml~es herein ~rinted unto the party of tho ~oond pm, tho h~rs or lucco~ors ~nd m{~m ortho pray of tho ~oond pert forever. AND tho party ortho first p~rt cov~nlnts that tho party ortho first port hi,, not done or ~ulTorod enytldn~ whereby the Mid promlm h~vo I~n encumbered in any wi), wherever, exempt ii AND the p~ty ortho first part, In compliance with So. sion 13 ortho Lion Liw, oovo~entl this tho party or tho first part will receive tho oonsld.rotlon for this convoyan~ and will hold the ri{he to rocoive ouch conilderition u o IrUlt fond to bo applied first for tho purpose of payln~ Iho COlt Or the {mprov~ent and will opply tho ~mo fie to tho payment or tho cost of the improvement before u~ln{ any p~ ortho total ortho same For any other purpose. The word "p~y" shall ho construKI u il'it road "parties' whenever tho sens~ or this Indenture so r~quires, IN WITNESS WHEREOF. the p~rly el'tho first plrt hit duty executed this died tho dly in({ )'oar first obove written. .~AMBS O'NBILL REAl. JUL 19 '~9 'mANBPER I',~X Told ~'~' URAND To'rAt, 2, A,Jdllkml '1 ,x Spec. I~d~. '1 DT. MT{I. TAX 'rm.rer 'l'~x ~' will ~e llllpruved b~ ~ Olio or JWO I'fllllJJ~ 1000 031,00 PO ~x 2065 Oreenpoft, NY 11944 Ig dUI. 1 9 ~999 COMMUNI'rY FUND SuftMk 'lhi.~ file I~ltU i~.~ ol'~l~ MICIIAgL D, MZGGXNB U U X F..',i 5 *111RU 9 MUSf LIl~ 'fYP ;FFFFFFFFI[) Olt PIUNIEI) IN III.ACK INK ONLY I,IUOI~. 'IX) I(ECOI(DIN(I OR FIIJNU. loveR) TH~S ~BNTUN~, male the J~S O'~ r~d~ at 1201 ~ Ruoh Dfl~, Apt. 4 IS, Fort ~ud~o, ~ 3331S MIC~ D, ~S ~ ~EEN A. ~, hu~and i~ ~, both mldln~ at ptfly of*the i~ond pin, V/ITI~SSrrI'H, ttmt tho part}, of the first pan, in consideration ofTen Dollm I~d or)mr viluablo conslderitlon paid by the pin), ortho I~ond part, dm hereby Brant and rM~ unto the party of the i~ond part, the heirs or iue,;mors and I~$nl orth~ pray o{'thn w'.oud part forov~r0 nn undivided one.half inlelmt in and to ALL THAT CERTAIN plot, piece or percol of iud, w~th the bulldlnjl thereon ~m, lyin8 and being it Emi M~on, Town of Southold, County of Suffolk and Slate or Now York, and bdns mom pL-ti~ultTly bounded and defm4bed u follows:. BIKJlNNINO &t an iron pipe on the southwesterly line of I 30 foot pdvitte K)td known u "ih. st Lane' 100.0 feet northwesterly alofts add southwesterly line from n 30 foot private toed known al 'South Line', add point of besinnlni b~ifl8 the noflhetiy comer of lind of Dtly; and from laid point of besinein8 RUNNING THi~CG Ilo~ add land of l~ly and ~dons land of Smith, South 42 degrees 46 mlnul~ 30 ~ W#t, 13S,3~ f~; THSNCB Ik~ other ~ of O'Neill and along land of Mutlano, North 31 di~reo~ Oi mlnutee 30 aommde West, 126,?'; fnet; THBNC8 dou~ add odm~ hind of O'Neill, North 58 de~rees 58 mlnutel 30 Ioco~ds Root, t30.O fW to mid muthweeterly line of' 'hat time"; THBNCB aloof add southw~__~i¥ line, South 31 deities 01 mlnu~ 30 seconds IMt, 8~.0 feet to the point of BBOINN1NO. ' BEING AND INTBNDI~D TO ~!3 the .,.mo preml~o~ convoyed to the party of tho first part deed dated Match 27, 1991, and recorded in the Suffolk County Clerk'o Office In Libor 11240 IXlie TOOBTHBR WiTH &it ouoment to pus &nd repis~ over South Line, Gut Limo, West Limn, &nd North L&ne out over S),lvlm Drive end Old Omherd ~ to tho Main R(xid For the puq~o of ~ to a~d premlso~ from said highway. TOOITrHBR WITH the dlht to uJo the beach ~do~l On, diner's 9ay for hethlnl a~d similar Purlx~os with an muoment for a righl of way over the pith InKling from South Lane to laid heath, ouoh uen to bo subjoin to such re.enable restrictions u may bo Imposed and to bo in common with other parsons to whom similar rights may he granted. This d~ doe~ hereby create a joint tenancy with the fight oi'survlvorddp betwenn the party oF tho first part a~d the partial of'tho second part. TOGETHER with 111 right, title and interest, Il'any, ortho pan), or the fire part in and to any otreet~ e~ made abutting the above dflofibed premim to tho center lines therso~ TOOETHBR with the appufle~anees and ill the #tile end rights o1' the p~rty of tho first part in lad to promises; TO HAVE AND TO HOLD the premises heroin granted unto the pi&ny oF the second pert, the heirs or suce, e~aors and a~-"!ans et'the pan)' ortho second part I'orovir, AND the party ortho first pM covenants Ihet tho party of tho first pen hen not done or oufl'ered anything whereby tho said promises have boon on~umberod in any wly whatever, except as aforesaid, AND the patty oFlhe first p~, in compliance with Section 13 of the t.ien Law, covenants that tho piny et' the ~ part will receive the con~idemlon for thai conve~nce and will hold the right to receiv~ ~uch condderadon u a milt Ibnd to be applied first t'or tho purpose of'plying tho coot el' the improvement and witl appl), tho ~me first to tho payment ot' the cost ot' the improvement I~ro using Imy pan of'the total of'the ~ For lay other purpose. The word "piny" d~ll be conltmed u Irit road "l~rtise" whenever the sense of'this indenlure so require. IN W]TNE, SS WI.LBKEOF, the piny et'the first I~n hu duly executed this de~d the day md yenr first above written. SAMRS O'NEIt. L - ~ ~gGAL NOTICE OF I Pu~u~ section ~ ~f the Tow~ ~g ~ne ~ ~ ~e ~ of ~ ~h~o~, S~~ ~, ~ew Yor~, a [ pub~' ~ld, ~t ~y ~r~n d~ the a~e COUNTY OF SUFFOLK ~ STATE OF NEW YORK Iss'' Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER ~ MATTITUCK WATCHMAN, a public news- paper printed ot Southold, in Suffolk County; and thai the notice of which the onnexed is a printed copy, has been published in said Long Island Troveler-Mattituck Watch- man once eoch week for ..........('(".:~4.,*.... ,~'../f'i.. weeks successively, commencing on the ............ (2 ...................... day of ..::.,.~L4~..~.,'.x ..... 19..~..'.Z Sworn to before me this ...... ~ ................ day of ..... ~. . : ...... 19..'~..~ Notary Public ~o F~ank ~. Thorp The~e w~ll be m publio hearXn~ uopn your application for a vax-ianoe to the Bulldtn~ Zone Ordln, a.moe, A~Xcle III, ~e~lon ~5 he~ ~ the ~ Bo~ of App~a, at 7~ 2M. ( E.D.S.T.~ ~ber ~2, ~9~, Xn the T~ Cle~'s or. ce, ~ ~et. 5~hold, ~.Y. truly Inspector LEGAL NOT I C E NOTICE OF HEARING Pursuant to section 267 of the Town Law and the .provisions of the Building Zone Ordinance of the Town of Southold, Suffolk Couhty, New York, a public hearing will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Clerk's Office, Main Street, Southold, N.Y., on September 12, 1957 at 7:45 PM. upon the application of Frank S. Thorp for a variance of the Building Zone Ordinance, Article III, section 305. This property located on a private road (south lane ) East Marion, N.Y. Any person desireinE to be heard on the above application should appear at the time and place above specified. Dated August 30, 1957 By order of the Zoning Board of Appeals of Tovm of Southold, Howard [. Terry building Inspector. Please publish once ~ept. 5, 1957 and forward affidavit of publication tothe Building Inspector immediately. Thank you tt~ STATE OF NEW YORK, OOUNTY OF SUFFOLK, ~ ss: ..... ~'~'-'"~F~----~ ............... h~ d~y Sworn, s~ys that .... ~ ........ is Printer ~ud l'ublisher of the SUFFOLK TIMEs, a newspaper published at Ore~nport, in said county; ·nd that the notice, of which the annexed is a printed copy, has be~n published in the said Suffolk Times once in each week, for ........................ ~ ......................................... week~ successively commencing om the ........... ~ ....................... d,y of ...~_..... ~9.~.?.. Sworn before me this ......~..:.._ day o~ ...~...... TOWN OF $OUTHOLD~ BUILDING DEPARTMENi' TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z..3~).63 ............. Date .......... ;. ............. Sap.t,....22 ............. , 19..~D. THiS CERTIFIES that the building located at Street Mop No...;~ ............... Block No....;~[ .............. Lot No. 2~l;.i...]~,~a.~.~;..ll~'.~,~l~.....N,.~',, ................ conforms substantially to the Application for Building Permitlheretofore filed in this office dated ..................................... A.]~.,, ....... 22 ....... , 19.~.0... pursuant to. which Building Permit No..~.~'Q~JZ .... doted ........................ 4~,]D~/ ............ ~.2 ....... , 19..~0.., was issued, ~nd conforms to all of the requirements of the applicable provisions of the law. The occupancy for wl~ich this certificate is issued is ........ ...... P~%veCe..eae...~.em.i.t¥..~e.$..l. tlfl~ .............................. i ............................................................ The certificate is issued to [~.S~. G~.b~.~.l~'],ln (own~r, essee or tenant) of the aforesaid building. House # FFF S., La Building InspeCtS' WN OF $OUTHOLD BUILDING DEPARTMENT'S' TOWN CLERK'S OFFICE SOUTHOLD, N. Y. E~am~ned .....~.~.'.....~:~....., (Bui}dino Inspector) Intended use and occupancy .................. ¢.2 ............................... INSTRUCTIONS o. This application must be completely filled in by typewriter or in ir~k and submitted in dup cate to the Bud Inspector. : b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or~ areas, and giving a detailed description of layout of property must be drawn c~n the diagram which is part of this application.~ c. The work covered by this application may not be commenced befor~ issuance of Building Permit. d. Upon approval of this application, the Building Inspector will Issue~a Building Permit to the applicant. Such permit shall be kept on the premises ovai~oble for inspection throughout the progress of the werk. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shah have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the i~jsuonce of {u Building Permit pursuant to the Building Zone Ordinance of the Town of Southold Suffolk County, New Ybrk and other applicable Laws, Ord nonces or Regulations, for the construction of buildings, additions or alterations or ~er removal or demolition, as herein described The applicant agrees to comply with all applicable lows, ordinances, b..~iJdjng code, housing code, and regulations. ...... ........... (S'gnotu}'ei, of opplicont,~,J/name, if o coq~oration) ...... ~:~-..~.....~,...-:.~~( ........ (Address of applicant) State whether applicant Js owner, less~e, agent, architect, engineer, general contractor, electrician, plumber or builder. ' .... ::.......: .......... ,.:.. ........................................ ~..,. ................................................................ If applicant isle corporate, signatu~r_e of, d~y~_authorlzed officer. ~. Location of land an wh ch proposed work w be done Map No.: ....,~ ................................. Lot No - ~..,.,~ ·, =~./. ~ ~/~ ~' ,. ......................... Sire. and Number. .~:.~ ....... ~.......':. ........... ~/ ~",~._~' _~&bT-/F Z./C,v'~/ ~'/~ E~IST L~/,~' Municipality / ' " 2. State existing use and occupancy of premises and intended use and'occupancy of praposecJ construction: a. Existing use and occupancy ........... ~.~ ; ............... : ......................................................................... b. 3. Nature of work (check which applil I): New Building .................. Addition ' Alteration ...~ ..... IDc~crO Repair ....... .~,~ ..... Remo~.wl Demolition ..................Other Work ~ ! ....................................... ~ (to be paid on filing this aD~lication)~ 5. If dwelling, number of dwelling units ....~...~'...q~ ........... Number of dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dmensonsof~xstngstructures, fany Front '..~.... Rear .~..,.?, ...... Depth ,~eght Z<:.. .. Numar of Star es ...: ?.~ ................................................ CZ ............. L..ZiZZ .... Dimensions o.f same structure with alterations or additions: Front .............. .~..o.y ............... Rear ...,~ ,~...?. ................ & Dimensions of entire new construction: Front .................................... Rear/~.~........~..~.....~.... Depth ....................... Heght Number of Star es 9. Size of lot: Front ............................ Rear .................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises ore situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ............................................................ 13. Name of Owner of premises ........................................ Address ............................................ Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor .................................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate ~:11 set-back dimensions from property lines, Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF N~J~ Icc COUNTY 0~ [., ............ ,f"2~,, , ,-... ..................... · .. 1- u.~......C~.. ~.....'~ ................ being (Nar~/e of individual signing~pp~cation) duly sworn, deposes and says that he is the applicant above named. He is the .................... ~...~ ................................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in ~his application are true to the best of his knowledge and belief; and tha~ the work will be performed in the manner set forth in the application flied therewith. Sworn to before me this ~ ...~74~-.... day of ........ ~ ................... ,~.~O.. //~ ~-'~ '~-".~.~-~-'~ ,~/;J, _IL_.~-~ ft'/)., fY3. ,~'. .............. ..z~....~.fe'..~.....~. .......... .z:...':...,,Y...~ ........................ FOI~,M NO. 2 TOWN OF SOUTHOLD gUll. DING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (3'HIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 4701 Z at premises located at ............. .~O.~t~..].~3...E,...~,.S:L.~ ................... ~d...0~J'~9,3~, ..................... ................................................... .E~ S.t,..~C.~O~ ...... ~.~, ....... i ......................................................... pursuan~ to application dated ........................ .'.l,,('J,~' .......... ~ .......... , 10..~.0., and approved by the Building Inspector. Fee $ ~. .............. ~£CTION THREE GARDINER$ BAY Photographs of the Subject: Exterior front and street scene Photograph of the East Lane frontage (vacant subject lot on left) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No.--.-.~,~s~.Z. ~. ~:.~....~., ................... Dote ............................ ~"~'/~-.~.?..~.~.19...~..,,~' To ..~.~..~..~,~. ...................... · ' ~-'-~.~.~.~.~... ~ ............... , ..~.~,/~..~.~.....~.~ ..... PLEASE TAKE NOTICE that your application dated ..................... ~'~-~. for permit to construct .......................................... at the premises I~ated at ....~ ...... ~.~,..~?~.~ ~. ~,~ - ............. ~ .... ' ........................................... Lot ...... . ............. is returned herewith and disapproved on the following grounds ...~.~.....=~~ ........................................... ~ ......... ~.~......~.~ ............................. uilding Inspector .......... ~' ..... TOWN OF ' SOUTHOLD PROPERTY RECORD CARD LES. AGE IMP. VL ~ l I FAP, M , TOT~_ .L- ?ATE BUILDING CONDITION NEW NOR/'/~L BELOW ABOVE FARM Acre Ti][oble V~eadowlond Value Per VGlue Acre VILLAGE W CO 'M~, CB, REMARKS /~, ~  .. SUB ACR. TYPE OF BUILDING MiCS. Mkt. VOlue LOT FRONTAGE ON VCATER FRONTAGE ON ROAD House PIot ~tal DOCK BULKHEAD ln~-~/-/. ,T?WN OF SOUTHOLD I~OPERTY RECORD CARD OVVNER .F~'RMEP, OWNI~R _/, {., STR~q BSF- ' SEAS. VL FARM CO/V~bL J IND. IMP. TOTAL ?00 VI LLAG E DATE ,fd&J - DIS.~CT :SU.B: >CPJ-AG£ ~/y TYPE OF BUILDING t " CB. ' I MISC. RDvtARKS LOT ~1 6D NORMAL BELOW. Farm Acre Va[ue Per Acre 1 Tillable 2 Tillable, 3 We~dland Swampland Brushland House,~ll~t ABOVE Value Total J Extension Base ment F loots ~ension Fire Place ~ · J ' Porch ~ Porch ~ R~ms 1st Floor Breezewa .¢" ~ ]:~ ; - I'0. ~ / 7..0 0 ~ o ¢' ~io R~ms 2nd Floor ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 12, 2009 Zoning Appeal No. 6285 Transmitted herewith is Zoning Appeals No. 6285 of Patricia Moore for Michael & Kathleen Mieeins - the Application to the Southold Town Zoning Board of Appeals Waiver to Unmerge Property. Also enclosed is the Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Cover Letter from Patricia C. Moore Listing Items Sent Dated February 27, 2009, Authorization Letter from Kathleen & Michael Miggins to Patricia Moore to Represent them in this Matter, Variance Search from Peconic Abstract, Inc. Dated July 31, 2008 Prepared by Jeanne Anstett (9 Pages), 3 Page Copy of Deed from Gabrielle Daly & James O'Neill, Jr. to James O'Neill, Jr. Dated March 27, 1991, 3 Page Copy of Deed from James O'Neill, Jr. to Michael & Kathleen Miggins Dated July 14, 1999, Copy of Legal Notice & Affidavit from The Long Island Traveler, Mattituck Watchman Dated September 5, 1957, Letter from Building Inspector in Reference to Public Hearing Dated August 30, 1957, Legal Notice of Hearing from Building Department Dated August 30, 1957, Copy of Legal Notice & Affidavit from Suffolk Times Dated September 6, 1957, Certificate of Occupancy for South & E. Lane Dated September 22, 1970, Copy of Application for Building Permit Dated April 22, 1970, Building Permit to Build on Addition on Existing Dwelling Dated April 22, 1979, Copy of Lots of Gardiners Bay Estates, Copy of Section One of Gardiners Bay Estates from Survey Dated May 5, 1926, Copy of Section Two of Gardiners Bay Estates from Survey Dated July 21, 1927, Copy of Section Three of Gardiner's Bay Estates Dated April 24, 1968 Prepared by Gardiners Bay Company, Two Pages of Photos of House & Property, Copy of Property Record Card for 31-15-12, 2 Pages of Copy of Property Record Card for 31-15-13, Notice of Disapproval from Building Department Date August 30, 1957 2 Page Copy Zoning Board of Appeals for Frank S. Thorp Dated August 30, 1951, Copy of Action of thc Zoning Board of Appeals for Frank S. Thorp Dated August 30, 1957, Copy of Application for Building Depmtment Dated February 11, 2009, Copy of Notice of Disapproval from Building Department Date February 23, 2009, Reduced Copy of Survey Showing Property Existing Construction Dated March 6, 2009 Prepared by Peconic Surveyors, P.C., Survey of Property Showing Existing Construction Dated January 29, 2009 Prepared by Peconic ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Surveyors, P.C., Survey of Property Showing Vacant Land Dated January 29, 2009 Prepared by Peconic Surveyors, P.C. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/11/09 * * * RECEIPT * * * Receipt'8: 43088 Transaction(s): 1 1 Application Fees Reference Subtotal 6285 $150.00 Check#: 7652 Total Paid: $150.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6285 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/11/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED MIGGINS, Michael & 7652 $150.00 6285 Kathleen MAR I ] 2009 $~ [~Qi~ Town Clerk $150.00 By..~,.,,~ Thank ou. ~ n Town Annex/Fast Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http'.//southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: SEN~t:K'S TELEPHONE NUMBER: 765-1809 ~s 1 at v0i~ reco~) R~C~: Fax # Yul~t NO. OF PAGES INCLUDING COVER: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] HO¥~CC~;HTS: Please find attached copy/copies of the follo~. Thankyott Sender's Initials: Appeal No. 27 Dated Am~xut30, 1957 ACTION OF THE ZONING BOARD OF APPEALS OF New York. At a meeting of the Zoning Board of AppeAls on 8e~t. 12 ~ 1957 , the reference appeal was considered and the action indicated below was taken ( ) Request for an interpretation of the Zoning Ordinance ( ) Request for a special permit under the Zoning Ordinance (z) Request for variance to the Zoning Ordinance ( ) Bequest for a temporary permit INTERPRETATION. The Board adopted the following resolution which states its interpretation of the Zoning Ordinance as requested in your appeal: 2. SPECIAL PERMIT. By resolution of the Board it was determined that: a special permit ( ) be granted ( ) be denied pursuant to Article Section ~ Subsection , paragraph of the Zoning Ordinance, and the decisxon of the Building Inspector' ( ) be reversed ( ) be confirmed because: VARIANCE. By resolution of the Board, it was determined that: (a) Strict application of the Ordinance would, ~ produce u~due hardship because t~la (b) The hardship created is, ~, unique and ~, would not, be shared by all properties alike in the i~ediate vicinity of this property and in the same use district because~~ (c) The variance does~ ~L, observe the spirit of the Ordinance and l~a~i~ would not~ change the character of the districts because other lote l~a~eaaraall of eq~e~l/lll.~ dso. and~ therefore, it was further determined that the requested Variance i~ be granted be denied and that the previous decision of the Building Inspector ( ) be confirmed ( ) be reversed, 4. TEMPORARY PERMIT. By resolution of the Board it was determined that a temporary permit ( ) be granted ( ) be denied to be effective from 19 until 19 when it shall become null and void, 5. EXTENSION TO TI~PORARY PERMIT. By resolution it was determin~d that an extension to your temporary permit which expires... 19 ( ) be granted ( ) be denied and that ( ) this extension will be effective from 19.... until 19 when it shall become null and void. ( ) you are hereby ordered and instructed to cease and desist from any use of your property which does not conform to the Zoning Ordinance. ZONING BOARD OF APPEALS O~ace ~Me~e~, Sea~etaw~ 92.8: om South ~nae z lo0: oa ~st Laue. Ol~ O~mhe~. Oez~iaer:s ~ ]etatee. hut J~rton, Ir. T. APPEAL TO THE ZONING BOARD OF APPEALS APPEAL NO. ~ DATE: ["~-~ fA New York, lyf i Name of Appellant " Street and Number J~..~.~.l ~ CL..~i.. ~' '~' HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR BUILDING PERMIT NO. DATED , 19 WHEREB~E BUILDING INSPECTOR ( ) GRANT J ( ) DENY To Of Name of Applica~.~permit Street and~er ~cipality State A PERMIT T0 USE/ A PE~IT FOR~UPANCY A T~PORA~E~IT OR E~ENSION THEREOF . A CERTIF~ATE OF EXISTING USE , 1. LOCATION OF T~ PROPERTY~ -~~ ~ ~~ Street · N~ber ~se Dlstr~ct on Zoning 2. PROVISION(S) OF T~ ZONING ORDINANCE APPEALED (Indicate the Article seetion~ subsection and paragraph of the Zonin~dl~nce being appealed by n~ber. Do not quote the Ordlnance.)~'% t ti[ ~ ., 3. TYPE OF APPE~ Appeal is made herewith for ( ) An interpretation of ~he Zoning Ordinance or Zoning Map A ~ecial permit ~der the Zoning Ordinance or Zoning Map A variance to the Zoning Ordinance or Zoning Map ( ) A temporary permit ~. PREVIOUS APPEAL A previous appeal has ( ) has not (~'9 been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal(s) was ( ) a requested interpretation ( ) a request for a special permit ( ) a request for a variance ( ) a temporary permit and was (were)made in Appeal No. dated %9__ Appeal No. dated ~9 Appeal No. dated 39 Appeal No. dated REASON FOR APPEAL (Complete relevant blank. Use extra sheet if necessary. (a) INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED because (b) A SPECIAL PERMIT UNDER THE ZONING ORDINANCE IS REQUESTED Pursuant~ to Article Section Subsection Paragraph__ (c) A VARIANCE TO THE ZONING ORDINANCE IS REQUESTED FOR THE REASON (1) STRICT APPLICATION of the Ordinance would produce UND~E.HARDSHIP (2) The hardship create~ is ~NIQUE and i~ not shared by all properties alike in the immediate vicinity of this property and in this use district because REASON FOR APPEAL (Con't.) r.% (3) The VARIANCE would observe %he spirit Of the ordinance and would NOT CF_ANGE THE CHARACTE~ OF THE DZSTRICT , . c ~ - , because: C~r.%-~~ ~ ~-~O~'k°~'~'~'~'~%~'D~ (d) A TEMPORARY PERMIT IS WEQUESTED'because: ;.-- (e) EXTENSION TO A TEMPORARY PERMIT IS REQUESTED because. ST ATE OF NEW YORK) COUN'ff 0F...~ SS Sworn to this ~O day of ~L~_~ , 19J'7 Notary Public / Signa%ure Office Location: Town Annex/First Floor, Capital One 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 August 26, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 1194471 Re: ZBA #6285 - Michael and Kathleen Miggins application Dear ~re: Transmitted for your records is a copy of the Board's August 18, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application. Very truly yours, Encl. Copies of Decisio,nr to: Building Department Town Clerk (Original for filing) Office Location: Town Annex/First Floor, Capital One 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 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~ JUNE 25~ 2009: 9:55 A.M. MICHAEL and KATHLEEN MIGGINS # 6285. This is a Lot Waiver request under Article II, Code Sections 280-10A and Section 280-11, based on an application for a building permit and an application to unmerge properties for an area of 13,987 square feet as a separate lot. Based on the Building Inspector's February 23, 2009 Notice of Disapproval determination and Article II, Code Sections 280-10A and Section 280-11, this 13,987 square feet of land area has merged with the adjacent 8,902 square feet of land area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-31-1~'12 and 1000-31-1~ 3 respectively. 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 af(631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: June 5, 2009.~ 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 OZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 4, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, June 25, 2009 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 June 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 al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 15th: Please either mail or deliver to our office your Affidavit of- Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later 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 June 17th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before June 23, 2009. 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. f ice Location ~( ,F,/Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: F~ # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) Rt:~-I::RENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] HOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: #9347 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 18th dayof June, 2009. Sworn to before me this 200 East Lafie (and adjacent Jand known Dated: June 15, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI · 137~ Mn~ Road (O~ce Location) Principal Clerk ~¢/~day of (~~----~ 2009. NOTARY PUBLIC-STA'fE OF NEW YORK NO. 01-VO6105050 Qualified in Suffolk County #9342 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) JUN 1 6 20O9 Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 11th day of June, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southdid, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town HalJ, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. 9-.45 A.M~ DURANTE and ANNA GALEOTAFIORE #6286. Requests for Variances, based on an application for a building permit and the Building Inspec- toffs December 2, 2008 Notice of Disap- proval concerning new additions and alterations to the existing single-fam0y dwelling. Variances are requested: (1) under Section 280-122 and Code In- terpretation under ZBA #5039 (Waiz), and for the reason that construction is proposed with an increase in the degree of nonconformance with regard to exist- ing nonconforming single side yard, and each front yard, and (2) under Section 280-19A for additions at less than 10 feet on a minimum single side yard setback, at less than 35 feet from the front lot lines along Hobart Road, and at less than 35 feet from the front lot line along Old Shipyard Lane. Location of Proper- ty: 2635 Hobart Road (and Old Shipyard Lane), Southold; ~ 1000-64-5-3L construction of deck and platform ac- cessory structures at less than the code- required minimum of 75 feet from the bulkhead adjacent to Little Pecoinc Bay. at 7425 Nassau Point Road. Cutchogue; CTM 118-4-2. 11.'05 A.M. JOE RUGGIERI and RONNIE RUGGIERI (by $ohn Rug- gieri) ~629L Requests for Variances under Section 280-124, based on an ap- plication for a building permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval concern- ing a deck addition and garage addition to a new single-family dwelQng (under construction), which will be less than the code-required minimum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic Bay Boulevard, Laurel: CTM 128-64. 11:20 A.M. SPIRO GEROULANOS g6290. Request for a Variance under Section 280-124A, based on an applica- tion for a binIding permit and the Build- ing Inspector's March 5, 2009 Notice of Disapproval concerning raised patio and swLmming pool construction which w01 be less than the minimum code-re- quired 40 ft. front yard setback on this 31,915 square foot parcel, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 104-9-13. 1:10 P.M. ~)ANIEL and NANCY FISCHER #6292. Requests for Vari- ances, based on an application to the Building Department and the Build- dig Inspector's February 6, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R-40 District~ for proposed Lots gl and #2 :(2) .the existing as-built (without permits) one-story structure is proposed on Lot g2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-1.1. 1'.30 P*M. BABS CORP. # 6284. Re- quests for Variances, based on an ap- pgcation for a building permit and the Building Inspector's June 3, 2008 Notice of Disapproval for the proposed re- construction of a single-story accessory (barn) building on a conforn~mg 20,082 square foot lot located in the Hamlet Business Zone District. for the reason the new construction WiU be less than the code-requirod minimum of 10 feet from two property lines (side and rear lot tines), at 13105 Main Road, Mattituck; CTM 140-3-39. day of ',~(_~/~ -.~ 2009. CHRIS~INA VO NoIARY pLii~LIC-SIAIE Of: NEW yORK NO. O~ -V06105050 Qualified ~n Su~tot~ CounW NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MIGGINS, M. & K. #6285 MAP # 31-15-12 & 13 VARIANCE LOT WAIVER REQUEST UNMERGE UNDERSIZE LOT DATE: THURS, JUNE 25,2009, 9:55 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MICHAEL & KATHLEEN MIGGINS Regarding Posting of Sign Upon Applicant's Land Identified as 1000-31-1-12 AND 1000-31-1-13 AFFIDAVIT OF SIGN POSTING JU~ 1 4 2009 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the/~ day of June, 2009, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, June 25, 2009. ~'~~. Moore Sworn to before me this ~'~ay of June, 2009 No~-ryPu ' - ~ . *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C- MOORE ES 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 nature: ([~Addresse~ ~rE3Agent) Date of Deliven/ PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes CER~IIFIED 2. Article Number 7192 6463 3110 0000 45061 7192 6463 3110 0000 4506 dressed TO: /,.~S 1~,9/~'~ Article Ad / %- ~L/~, ELLEN ZIMMERMAN [ ~ 4. Restricted Delivery? 3. Semite Ty~ (ExtraFee) ~Yes [ C~TImED Article Number 7192 6463 3110 0000 (Extra Fee) [] Yes I CERTIFIED 2. Arti~l~9N~m:'~63 3110 0000 4490 I[1111 ltl II IIII II III tlllllll alii II il 7192 6463 3110 0000 4490 1. Article Addressed To: OLD ORCHARD HOMEOWNERS ASSOC- l . Restricted Delivery? 13. SerVice Type (Extra Fee) [] Yes CERTIFIED I :. Article Number 7192 6463 3110 0000 4483 7192 6463 3110 0000 4483 1. Article Addressed To: ROSALIE MANGELS 38 MORRIS AVE WEST ISLIP NY 11795 ,,1 PATRICIA C. MOORE ESQ- .51020 MAIN ROAD '~', SOUTH.OLD NY 11971 B. Receiv~ ~: (PIo~*o ~rint Clo~r~y) 4. Restricted Delivery? 3. Se~ice Type (Extra Fee) [] Yes CERTIFIED 2, Article Number [ 7192 6463 3110 0000 4452 ] 7192 6463 3110 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD .SOUTH,OLD NY 11971 1. Article Addressed To: ..//.~ NORMAN WENK III 62 WELLINGTON RO~ GARDEN CITY NY 11~ 4. Restricted Delivery? 3.~S~yp~" (Extra Fee) E~Yes CERTIFIED 2, Article Number 7192 6463 3110 0000 4544 7192 6463 3110 0000 4544 1. Article Addressed To: PETER HEINZ PO BOX 307 EAST MARION NY 11939 City State ZIP + 4 Code PATRICIA C. MO0~ 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery'~sI Type (ExtreFee) ["-]Yes I CERTIFIED 2. Ar~l~9h~mb6:63 3110 0000 4551 IIlllrllllll llliT31llfllllllllllllll 7192 6463 3110 0000 4551 Article Addressed To: JOHN & EVELYN JONES PO BOX 64 7192 6463 3110 0000 4469 4. Restricted Delivery? 3, Service Type (Extra Fee) [] Yes CERTIFIED Article Number 7192 6463 3110 0000 4513 7192 6463 3110 0000 4513 1, Article Addressed To: ROBERT W- DIXON REV- TRUST 4. Restricted Delivery? 3.$ervl~e Type (~xtre Fee~ [] Yes CERT/FIED 7192 6463 3110 0000 4476 7192 6463 3110 0000 4476 t. Article Addressed To: ELIZABETH A. KRANU 134 LEE ROAD GARDEN CITY NY 11530 J PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765.4643 June 15, 2009 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 JUN RE: MIGGINS #6285 SCTM: 1000-31-1-12 AND 1000-31-1-13 HEARING DATE: THURSDAY, JUNE 25, 2009 Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbor and postal receipts. Thank you. Ver~/~uly yours, P~tricia C. Moo~ B Bets bp encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MICHAEL & KATHLEEN MIGGINS (Name of Applicant) SCTM Parcel #1000-31-1-12 & 1000-31-1-13 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the ~.~ day of June, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property 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. TSYPER Sworn to before me this/7 r~ day of June, 2009 { (N~tary Public) MARGARET C. RUTKOWSKI Notary Pu{~iic, State of New York No, 4982528 Qualified in Suffolk County Commission Expires June 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. MIGGINS NEIGHBOR LIST SCTM: 1000-31-1-12 & 13 NORMAN WENK III 62 WELLINGTON ROAD GARDEN CITY NY 11530 SCTM: 1000-31-16-2.2 STEPHEN MATTEINI 8 FIRST STREET GARDEN CITY NY 11530 SCTM: 1000-31-16-2.3 ROBERT W. DIXON REV. TRUST 16 TANGLEWOOD LANE SEA CLIFF NY 11579 SCTM: 1000-38-6-6 MICHAEL MIGGINS 9352 BRAY. MORE CIR. FAIRFAX STATION VA 22039 SCTM: 1000-38-6-8 ELIZABETH A. KRANU 134 LEE ROAD GARDEN CITY NY 11530 SCTM: 1000-31-16-2.4 ROSALIE MANGELS 38 MORRIS AVE WEST ISLIP'NY 11795 SCTM: 1000-38-6-1 OLD ORCHARD HOMEOWNERS ASSOC. 25 ASPEN LANE NEW HYDE PARK NY 11040 SCTM: 1000-38-6-2 EDITH MINNIGAN 91 PRINCETON AVE. HEWLETT NY 11557 SCTM: 1000-38-6-9 PETER HEINZ PO BOX 307 EAST MARION NY 11939 SCTM: 1000-31-15-10 JOHN & EVELYN JONES PO BOX 64 EAST MARION NY 11939 SCTM: 1000-31-15-11 ELLEN ZIMMERMAN 110 W. 87TM STREET NEW YORK NY 10024 SCTM: 1000-38-6-3 RECEIPT FROM: . SEND TO: NORMAN 'e~NK III 62 WELLINGTON ROAD GARDEN CI~ NY 11530 FEES: .~.,~ postage Cetl~ed Fee 280 TOTAL $ ~,54 POSTMARK OR DATE FROM: PATRICIA C MOORE ESQ RE; miggir~ zba~va~ver menger SEND TO: STEPHEN MATTEINI 8 FIRST STREET GARDEN CITY NY 11530 ~'EES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: PATRICIA C. MOORE ESQ SEND TO: FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: SEND TO: ROSALIE MANGELS 38 MORRIS AVE WEST ISLtP NY 11795 FEES: Postage 0 44 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 71926463311000004490 FROM: PATRICIA C MOORE ESQ SEND TO: OLD ORCHARD HOMEO'~IER~ 25 ASPEN LANE NEW HYDE PARK NY 11040 FEES: Postage o 44 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 450~ FROM: PATRICIA C MOORE ESQ RE: m~gi~s zba/waiver merger SEND TO: ELLEN ZIMMERMAN RECEtPT 7192 6463 3110 00(30 4513 FROM: pATRICtA C MOORE ESQ SEND TO: ROSERT W Dr.%ON REV TRUS"~ FEES: FEES: TOTAL $ 5.54 TOTAL $ 5.54 POSTMARK OR DATE poSTMARK OR DATE RECEIPT 7192 ~.4~3 3110 cooo 4520 FROM: PATRICIAC MOORE ESQ RE: miggins zba/waiv~ merg~ SEND TO: MICHAEL MIGGINS 9352 SRAYMORE CIR FAIRFAX STATION VA 22039 FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 3110 c~3o 4537 FROM: PATRICIA C MOORE ESO RE: mlggins zba/walve~ merger SEND TO: EDITH MINNIGAN 91 PRINCEI'ON AVE HEV~_ETT NY 11557 FEES: Postage 044 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 311o c~)o 4544 FROM: PATRICIA C MOORE ESQ SEND TO: FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 311 o 0ooo 4551 FROM: PATRICIA C MOO~E ESQ RE: m~gins zba/wai~e~ merger SEND TO: JOHN & EVELYN JONES PO BOX 64 FEES: Postage 0 ~4 TOTAL $ 5.54 POSTMARK OR DATE IPATRICIA C'. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 15, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: MICHAEL & KATHLEEN MIGGINS PROPERTY LOCATION: 200 EAST LA~E, EAST MARION AND ADJACENT 555 SOUTH LANE, EAST MARION SCTM:1000-31-15-12 AND 1000-31-15-13 Dear Neighbor: I represent Michael & Kathleen Miggins with regard to the above properties. They have submitted a request to board of Appeals to waive a merger of Code Section 280-11. the Southold Town Zoning two properties under Zoning A copy of the legal notice is enclosed together with a copy of the surveys. The hearing on this matter has been scheduled fo THURSDAY, JUNE 25, 2009 at 9:55 a.m. at Southold Town Hall, 53095 Main Road, Southold, New York. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Ve~truly yours, PCM/bp encls. C: Michael & Kathleen Miggins Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 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, JUNE 25, 2009: 9:55 A.M. MICHAEL and KATHLEEN MIGGINS # 6285. This is a Lot Waiver request under Article II, Code Sections 280-10A and Section 280-11, based on an application for a building permit and an application to unmerge properties for an area of 13,987 square feet as a separate lot. Based on the Building Inspector's February 23, 2009 Notice of Disapproval determination and Article II, Code Sections 280-10A and Section 280-11, this 13,987 square feet of land area has merged with the adjacent 8,902 square feet of land area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-31-15-12 and 1000-31-15-13 respectively. 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: June 15, 2009. 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 MAIN MARION LAKE MARION LAKE ,~ COUNTY OF SUFFOLK (~) Real Properly Tax ~rvice Agency " COUNTY OF SUFFOLK