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Home My WebLink About6295 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 OF SEPTEMBER 22, 2009 ZBA FILE # 6295 - Jason Taggart, Applicant LOCATION OF PROPERTY: 815 Wabasso Street, Southold, CTM 1000-78-3-29 (merger with 1145 Nokomis Road, Southold, CTM 1000-78-3-28). SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The subject property is a 13,750 square feet lot (CTM 1000-78-3-29) which was merged with an adjoining 12,650 square foot lot (CTM 78-3-28). The applicant's dwelling exists on the westerly portion of the property and faces Nokomis Road. The entire parcel has 115 feet frontage along the east side of Nokomis Road, 110 feet along the northern boundary, 24.37 feet to the south along the eastern boundary of Lot 28, 110 feet along the northern boundary, 125 feet frontage along Wabasso Street to the east, 110 feet along the southern boundary of Lot 29, 34.37 feet along the western side of Lot 29, and 110 feet along the southern boundary of Lot 28. The western portion of the merged property is improved with a single family dwelling as shown on a May 22, 2002 survey prepared by John T. Metzger. BASIS OF APPLICATION: . Request to unmerge 13,750 square feet of area (CTM 1000-78- 3-29) from the remaining 12,650 square feet (CTM 78-3-28), based on the Building Inspector's March 18, 2009 Notice of Disapproval which states the subject lot merged with the adjacent lot pursuant to Code Section 280-10. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 30, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds Page 2 - September 22, 2009 ZBA # 6295 - Jason Taggart, Applicant Location of Property: 815 Wabasso Street, Southold CTM 1000-78-3-29 the following facts to be true and relevant: 1. The lot proposed to be recognized was not transferred to an unrelated person since the time of the merger These lots were merged consequent to the death of the owners of one of them. There have been no transfers of ownership outside the family. Ownership of the Lot 28 passed from Cedric Wickham to Theodore Kwasnik on October 7, 1963, and to Mr. Kwasnik's sister Adele Cosenzo on April 30, 1998. Ownership of Lot 29 passed from Cedric Wickham to Theodore Kwasnik on January 8, 1971 and to Adele Cosenzo on December 27, 1999. Both lots were transferred to Mr. Kwasnik's grandson, Jason, from his aunt Adele Cosenzo on March 7, 2000. 2. The total merge~l area is 26,400 square feet. The lots proposed to be recognized are 13,750 and 12 650 square'feet. The unmerger would recognize a lot that is not comparable in size to four of the ten lots' to the north, east, and south, which are larger than the lots that will result from an unmerger. Each of these is improved with a single-family dwelling: adjacent lot 30.1 to the south. The two,merged lots that will result from a waiver of merger would be comparable in size to four of the remaining ten. Adjacent Lot 30.1 and Lot 30.2 to the south both run through from Nokomis to Wabasso and are each developed with a single house. These lots, as part of the majority of th~ lots on the block, are comparable in size to the existing (merged) lot. Adjacent Lot 27 to'the north, currently undeveloped, is also of comparable in size to the subject merged lot. Notw'thstanding these findings, the Supreme Court on June 10, 2004, held that the waiver would not result in a significant increase in the density of the neighborhood and that the ensuing lot would be consistedt with the size of the lots in that neighborhood. 3. The lot to be ~nmerged is vacant. It has historically been treated and maintained as a separate and independent lot. 4. Evidence was presented to suggest that recognition of a second lot and building on the Wabasso Street lot may aggravate flooding conditions that regularly occur on Wabasso Street which, if not mitigated, may have an adverse impact the neighborhood. BOARD RESOLUT.,ION: In considering all of the above factors and applying the balancing test under New York T(~wn Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and dulY carried, to the Zoning Board resolves, pursuant to Resolution No. 2008-950 adopted by the Southold Town Board on October 21,2008, amending the Waiver Provisions of the Town of South~old Merger Law, Section 280-11, to Page 3 - September 22, 2009 ZBA # 6295 - Jason Taggart, Applicant Location of Property: 815 Wabasso Street, Southold CTM 1000-78-3-29 GRANT the application for a waiver of merger as applied, for concerning CTM # 1000-78-3-29, on the CONDITION that drywells be installed to ensure that and the runoff from any structure built on the unmer.qed lot not contribute to flooding on Wabasso Street. Vote of the Board: Ayes: Members Goehringer (C~baim'taT'0:-S~on, Weisman, and Schneider. Member Homing was absent. This Resolutio d C_?ERj,,,~ P. GOEHRINGER,'CH,~ MAN 91z~12009 ,~op'roved for Filing RECEJVEDc~, Southold Town Cleri FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~ /~ F RE~EiYE~ ~ J~NlO 2003 ~AR 27 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 OF.4 )p l.s September 16, 2009 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: TAGGART ~ 6295 SCTM: 1000-78-3-28 & 29 Dear Chairman and Board members: With reference to the above hearing which took place on July 30th, please be advised that we hereby grant your request for an extension of time for the Board to render a decision, up to and including November 12, 2009. Thank you. yours, ~ore PCM/bp encls. TO: Jason Taggart C/O Patricia C. Moore 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DAT!: Please take notice that your application dated March 16, 2009 For permit merger determination at: Location of property: 1145 Nokomis Road Southold, NY County Tax Map No. 1000 - Section 78 Block 3 Lot 28 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the east (SCTM # 1000-78-3-29) pursuant to Article II Section 280-10, which states; "Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty {50) feet or more in distance· Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature CC: file, Z.B.A. For Office Use Only Fee: $ /,3'-~.. Date Assigned/ZBA File # Filed b~~ Office Notes: 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 March 3, 2009 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED March 18, 2009 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: Jason Ta~,art Owner of Adjacent Parcel: Jason Tae~,art Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: 1025 Hiawathas Path, Southold NY 11971 Telephone No: 513-2075 Fax/Email Agent for Owner: Patricia C. Moore Address: 51020 Main Road, Southold NY 11971 Telephone No: 765-4330 Fax/Email: 765-4643 pcmoorel(~optonline.net Please specify who you wish correspondence to be mailed to, from the above: [] Owner, or E Authorized Representative I (we), Jason Tae~art, request that the Zoning Board of Appeals waiver the merger and recognize the original lot lines under the provisions of Article II, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for the purpose to unmerge Suffolk County Tax Map District 1000, Section 78_ Block ~ Lot 29_ containing 13,750 square feet located at # 815 Wabasso Street, Southold , to be unmerged from District 1000 Section 78__ Block 3 Lot 28 __ containing 12,650 square feet with the house at #1145 Nokomis Road, Southold. The property is located in the R-40 Residential Zone District. The lot to be merged was originally created by deed dated 10/7/63 by C.H. Wickham, and shown on Map of Section 2 Laughing Water is vacant, 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. Purchased by grandfather (Kwasnik) and sold to grandson Taeeart (related) 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: Under the prior waiver of merger law the Board denied the application. An Article 78 Petition was filed and the court determined that the lots were comparable to the size of the lots in the neighborhood. "Contrary to the findings of the Zoning Board of Appeals, the evidence adduced by the petitioner established that the waiver would not result in a sio. nificant increase in the density of the neighborhood, that the ensuing lot would be consistent with the size of the lots in that neighborhood, that the natural details and character of the contours and slopes of the lot would not be significantly changed or altered in any manner, and that there would not be substantial filling of land affecting nearby environmental or flood areas." Honorable Elizabeth Hazlitt Emerson, Supreme Court dated June 10,2004. The parcels are similar in size to the surrounding community of Laughing Waters. (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: The house is centered on the one property and the vacant parcel remains undevloped. The lots do not abut evenly at the rear lot line. The rear property lines only abut 90.63 feet of 125 linear feet. The lots front different streets. (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. See Emerson's Opinion. The vacant lot has Health Department approval to construct. 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 (attach copy). [] This lot was approved or shown on a map approved by the Southold Town Board during (attach copy). [] This lot was approved by the Board of Appeals on (please attach). [] A search of Town records found no approvals or other action by the Town of Southold, except for Application # in the Year (please attach copy). none [] A search of Town records found a Certificate of Occupancy was issued 1963 *for 1145 No,mis Road, Southold a dwelling or other purpose on SCTM Lot # 1000-78-3- 28__ (please attach copy), and a permit #5186 on 3/29/71 and #26369 on 3/2/00 (Attach additional sheets if needed). Owner (Parcel 1) S__wom to before meShis L~q day of I~otary Publi~ MARGARET C. RUTKOWSKI Notary Public, State of New York - No. 4982528 Qualified in Suffolk County .~ Owner (Parcel 2) Commission Expires June Sworn to before me this ~' C~da~ of ' Notary Public MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~/ Commission Expires June 3, ~ ZBA 12/95; 3/06; 11/08 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 August 4, 2009 RE: TAGGART # 6295 SCTM: 1000-78-3-28 & 29 Dear Chairman and Board members: With reference to the above hearing which took place on July 30th, enclosed please find an affidavit with respect to the merger law which addresses the issue that ~the lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger". Thank you. V~.~- i.~.~ yours, ~r~ia C. Moore PCM/bp encls. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS In the Matter of the application of JASON TAGGART STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) X FILE # 6295 AFFIDAVIT JASON TAGGART, residing at 1145 Nakomis Road, Southold N.Y., 11971 duly sworn, deposes and says: I am Jason Taggart and Theodore Kwasnik is my grandfather and Adele Cosenzo is Theodore Kwasnik's sister and my great aunt. Adele Cosenza, Theodore's sister, temporarily transferred property out of Theodore Kwasnik's name, prior to Theodore entering a nursing home, for Medicaid planning. I purchased the property from my great aunt Adele Cosenza, at the direction of Theodore Kwasnik. My grandfather set the price and directed my aunt to sell the property to me. In accordance with Town Code section 280-11 A. (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected: Adele Cosenza (sister & POA of Theodore Kwasnik) 740 Nakomis Road, Southold title held from 12/30/99 to 3/7/00 The following family tree is provided: House purchased in 1963 & Lot purchased in 1970 Theodore Kwasnik & Inga Kwasnik 1145 Nakomis Road, Laughing Waters, Southold (two daughters) / \ Heidi Steinblichler Erica Taggart 1025 Hyawatha Path, Southold (one son) I Jason Taggart 1025 Hyawatha Path Southold (Bom & Raised) Purchased House & Lot 3/7/00 Sworn to before me thisbe_day of August009 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ., 20 Disapproved a/c PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,200? 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 &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 after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension &the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance &the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction &buildings, additions, or alterations or for removal or demolition as herein described. The ~uPtP~Cr~;2daignr~e;2;~omply with all applicable laws, ordinances, building code, housing e99~. ~,,&r~gulatlons and to admt p s on premises and in building for necessary inspections. ~~ --[Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises 5;or~ / °~?),q o~-~-- (As on tl~e tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1 000 Section "7 ~ Block Subdivision ~q7 .(-o~ o~/~',oh/~a · 2./' Lot 2 (~3 & 2.9 Filed Map No. Lot ~ ~'-~ ~,'" ,~ ~ ~-.~./)~ 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Nature of work (check which applicable): New Building_ Repair Removal State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy / Addition Alteration Other Work Demolition Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 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 Depth. Height Number of Stories Rear Dimensions of entire new construction: Front Height Number of Stories Rear Depth 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 NO 13 W 11 lot be re-graded? YES __ NO__Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * 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. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF ~l~/[~'1S: ~'-'~7~/~Zg"-~-'Z"'~ - being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the A'~-~~gent, Corporat~Officer (Contractor, , 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. Swom to before me this /-'"'~'~-- ~ ~ dayof /Iq~d. J4 20Oc~ · //~ Notary Public MARGARET C. RUTKOWSKI 'gnature of Applicant Nota~J Public, State of New York No. 4982528 Qualified in Suffolk Count~ ... ~. Oommission Expires June 3, o,, ~ // QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICA' John Taggart Is the subject premises listed on the real estate market for sale? Yes ~, 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? N._9o 4)lfyour properly 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. ls 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 lfyes, 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 28 and proposed use unmerge vacant lots (examples: single-family; proposed: same with garage or pool, or other description.) existing: 1/07 2/05; PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT F_O, RM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) cou.,y 1. APPLICANT / SPONSOR SEQR 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map 5. IS PROPOSED ACTION: [] New [] Expansion [~Modificafion/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? I- Ye, I- No ,'.,-,o, descdbebde,y: - £1" ) 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~Residen,al ~-~lndustdal r-]commercial [-~Agriculture E~]Park/Forest/Ope. nSpace [~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~Yos ['~No If yes, list agency name and permit/approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~]Yes [---]No If yes, list agency name and permit / approval: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is a Gostal Area, and you are a stato agency, comploto the Goastal Assesemont Form beforo procooding with this assosement 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 special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districL .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 ofApplicant: ~'~o/t ~-~¢¢,~(~ 2) Address of Applicant: /o~5- l-It ~ v./c.t%~ 3) Name of Land OWner (if other than applicant) 4) Address of Land Owner: 5) Description of Proposed Project: /~r.t t~ 6)LocationofProperty(roadandtaxmapnumber): Loc Zq lx/abas~o fPr~/- , ~o+ 7) Is the parcel within an agricultural district? eno [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~o []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 from 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- 1938 or the Zoning Bo~l of Appeals at 765-1809. a'ture of Applicant Date Note: 1. The local board will solicit comments from 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 par~ 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 Margaret Rutkowski Secretary March 26, 2009 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Jason Taggart SCTM#1000-78-3-28 Dear Chairman and Board members: This applicant had requested a waiver of merger under the prior law, the request was denied and an Article 78 suit was filed. The Judge reversed the Zoning Board's findings that the property did not meet the previous standards for a waiver of merger, except the Judge upheld the ~economic standard" which proved fatal to all waiver applications. I have provided a copy of the Court's decision. Since the law has been amended, we hereby enclose an application for waiver of merger for the above referenced property together with the following additional documents: 4. 5. 6. 7. Notice of Disapproval with my client's filing fee survey of house parcel and vacant parcel with Health Department approval. I have also provided a copy of the subdivision map of Laughing Waters. Single & separate title search ZBA questionnaire Agricultural Data Statement 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, · Moore TITLE NO: 09-7404-73928-SUFF District: 1000 Section: 078.00 Block: 03.00 Lot: 028.000 Town of Southold Southold, New York Gentlemen: FDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above-captioned property has been in single and separate ownership by Jason Taggart and his/her predecessors in title since prior to 04/01/57 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty-Five Thousands Dollars ($25,000.00) and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: March 18, 2009 FIDELITY NATIONAL TITLE INSURANCE COMPANY × SANDRA J. GOLESKI Swom to before me this 18th day of March, 2009 Notary Public ' ANN HILL Notary Public, Stata of New York No. 5032468 Qualirmd in SuffolkCounty ~ ~,,~. Commission Expires August 29, ~.x~f U TITLE NO. 09-7404-73928-SUFF STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) SANDRA J. GOLESKI, being duly sworn deposes and says: That she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM: 1000-078.00-03.00-028.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 04/01/57. SUBJECT PREMISES: 1000-078.00-03.00-028.000 Frank E. Griffin, M. clamssa Griffin, his wife, Byron Rushmore & Made F. Rushmore, his wife To Cedric H. Wickham Liber: 1825 cp 519 Dated: 07/16/35 Rec'd: 08/21/35 (Premises & more) Cedric Wickham To Theodore Kwasnik Liber: 5432 cp 310 Dated: 10/07/63 Rec'd: 10/14/63 (Lot 28) Theodore Kwasnik To Adele Cosenzo Liber: 11924 cp 169 Dated: 04/30/98 Rec'd: 10/21/98 (Lot 28) FIDELITY NATIONAL TITLE INSURANCE COMPANY / SANDRA J. GO~,ESKI Sworn to before me this 18th day of March, 2009 Notary Public ANN HILL Nota~ Public, State of New York No. 5032468 ~utlified in Suffolk County Comminion Expires August 29, L~U 2 Theodore Kwasnik To Adele Cosenzo Adele Cosenzo To Jason Taggart LAST DEED OF RECORD PREMISES NORTH: 1000-078.00-03.00-027.000 Frank E. Griffin, M. Clarrissa Griffin, his wife. Byron Rushmore & Marie F Rushmore, kis wife To Cedric H. Wickham J. Parker Wickham, Hull M. Wickham, as executor of L.W.T. of Cedric H. Wickham, deceased (625-P- 1972) To Hull M. Wickham Hull M. Wickham To Henry William Drum and Joseph Saland Henry William Dram and Joseph Saland To Michael F. Colavito and Robert C. Carlsen Liber: 12029 cp 138 Dated: 12/30/99 Rec'd: 03/21/00 (Lot 28) Liber: 12029 cp 140 Dated: 03/07/00 Rec'd: 03/21/00 (Lot 28 & 29) Liber: 1825 cp 519 Dated: 07/16/35 Rec'd: 08/21/35 (Premises & more) Liber: 8021 cp 292 Dated: 04/17/76 Rec'd: 04/22/76 (Premises & more, Parcels 5 & 6) Liber: 8021 cp 266 Dated: 04/19/76 Rec'd: 04/22/76 (Premises & more, Parcels 5 & 6) Liber: 8069 cp 95 Dated: 07/07/76 Rec'd: 07/15/76 (Lot 27) FIDELITY NATIONAL TITLE INSURANCE COMPANY -/ ~ANDRA J. G6LESKI Swom to before me this 18th da,.y of March, 2009 Notary Public ANN HILL NotelT Public, State of New York No. ~032468 Quali£ml in Suffolk Counly..-x ~. Commi~ioa Expires August 29, ~*.~X~ 3 Robert C. Carlsen To Robert C. Carlsen and Billie Ann Carlsen, his wife Robert C. Carlsen, Billie Ann Carlsen, his wife Michael F. Colavito To Michael F. Colavito and Joan Colavito, his wife LAST DEED OF RECORD PREMISES EAST: 1000-078.00-03.00-029.000 Frank E. Griffin, M. Clarrissa Griffin, his wife, Byron Rushmore & Made F. Rushmore, his wife To Cedric H. Wickham Cedric H. Wickham To Theodore Kwasnik Theodore Kwasnik To Adele Cosenzo Theodore Kwasnik To Adele Cosenzo Liber: 11823 cp 917 Dated: 02/10/97 Rec'd: 04/04/97 (Lot 27) Liber: 11997 cp 842 Dated: 04/21/99 Rec'd: (Lot 27) Liber: 1825 cp 519 Dated: 07/16/35 Rec'd: 08/21/35 (Premises & more) Liber: 6866 cp 486 Dated: 10/26/70 Rec'd: 01/08/71 (Lot 29) Liber: 12009 cp 666 Dated: 12/03/99 Rec'd: 12/27/99 (Lot 29) Liber: 12029 cp 139 Dated: 12/30/99 Rec'd: 03/21/00 (Lot 29, Confirmation Deed) FIDELITY NATIONAL TITLE iNSURANCE COMPANY · ~,ANDRA J. G(~LESKI Sworn to before me this 18th day of March, 2009 Notary Public ANN HILL Notary Public, State of New York No. Qualified in Suffolk County .~, ~,~ Com~lliHion Expires August 29, 4 Adele Cosenzo To Jason Taggart LAST DEED OF RECORD PREMISES SOUTH: 1000-078.00-03.00-030.001 Frank E. Griffin, M. Clarfissa Griffin, his wife, Byron Rushmore & Made F. Rushmore, his wife To Cedric H. Wickham J. Parker Wickham, Hull M. Wickham, individually & as executor of the L.W.T. of Cedric H. Wickham To Hull M. Wickham Hull M. Wickham To Millwood Homes, Ltd. J. Parker Wickham, Hull M. Wickham, individually & as executor of the L.W.T. of Cedric H. Wickham To Millwood Homes, Ltd. Liber: 12029 cp 140 Dated: 03/07/00 (Lots 28 & 29) Liber: 1825 cp 519 Dated: 07/16/35 Rec'd: 08/21/35 (Premises & more) (Lot 30) Liber: 8085 cp 229 Dated: 07/12/76 Rec'd: 08/11/76 (Premises & more) (Lot 30) Liber: 8085 cp 212 Dated: 07/12/76 Rec'd: 08/11/76 CORRECTION DEED Liber: 8166 cp 107 Dated: 12/06/76 Rec'd: 12/28/76 FIDELITY NATIONAL TITLE INSURANCE COMPANY Swom to before me this 18th day of March, 2009 Notary Public ANN HILL ~,nblic, State of New york No. ~2~ ~ ~Couu~ Millwood Homes, Ltd. To Don Lubov and Linda Lubov Don Lubov and Linda Lubov To Michael Mirabella and Catherine M. Mirabella, husband and wife LAST DEED OF RECORD PREMISES WEST: NOKOMIS ROAD Liber: 8536 cp 367 Dated: 11/16/78 Rec'd: 11/20/78 Liber: 12434cp 589 Dated: 1/27/06 Rec'd: 2/6/06 FIDELITY NATIONAL TITLE P. qSUP~NCE COMPANY / sANDRA J~GOLESKI Sworn to before me this 18th day of March, 2009 Notary Public ANN HILL Notary Public, Sta~ of New York No. 5032468 Qualified in Suffolk County Commission Expires August 29, 6 L~029~C140 33661 RE¢OROEO OB P,~R ZI .~HIt:56 i e, I RECFJl/~D NAR 2 1 ?E.~ ~ Suffolk Cotmty Recording & Endorsement Page '. ' Bargain and Sale Deed o~sm,c'r F ~t~Uttll Imid by thc I~art y of fire sccoud. I I '~ ...... ' SURVEY OF PROPERTY ~ ~ ~,~, A T SOUTHOLD , j ...... J TOWN OF SOUTHOLD [ I F~-I SUFFOLK COUNTY, N K ~ · ~. 20, Prop AUTHORIZATION LETTER OWNER: name: Jason Taggart address: 1145 Nokomis Road, Southold telephone number: c/o Pat 765-4330 PROPERTY: SCTM#: 1145 Nokomis Road, Southold & 815 Wabasso Street, Southold 1000-78-3-28 & 29 AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 Dear Sir or Madam; I authorize my attorney, Patricia C. Moore to file any and all applications for a waiver of merger and any other regulatory agency. Very truly yours, FORM NO. 4 TOWN OF 8OUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: z-26960 Date: 03/06/00 THIS CERTIFIES that the building DWELLING Location of Property: 1145 NOKOMIS RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 78 Block 3 Lot 28 Subdivision Filed Map No. Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 20, 1963 pursuant to which Building Permit No. 26369-Z dated MARCH 2, 2000 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING BUILT IN 1963' The certificate is issued to ADELE COSENZO of the aforesaid building. (OWNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-00-0044 03/03/00 ELECTRICAL CERTIFICATE NO. PENDING 02/25/00 N/A pLUMBERS CERTIFICATION DATED Rev. 1/81 Authorized u~e SUPREME COURT - STATE OF NEW YORK, ..TRIAL TERM, PART 8 SUFFOLK COUNTY INDEX NO.: 1216-04 PRESENT: .lion Elizabeth Hazlitt Emerson :JASON TA GGART, -against- Petitioner, x LYD/A A. TORTORA, GERARD p. GOEHRINGER, GEORGE ]RORN/NG,.RUTH'D. OL/VA AND VINCENT ORLANDO, CONSTITUTING THE ZONING BOARD OF APPEALS OF THeE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, Respondents. X MOTION DATE: 3-22~04 SUBMITTED: 4-28-04 MOTION NO.: 001-CASE DISP DOUGLAS R. PENNY, ESQ. Attorney for Petitioner 10 Mill Race Hamptou Bays, New York 11946 SMITH, FINKELSTEIN, LUNDBERG, ISLER and YAKABOSKI, LLP. Attorneys for Respondents 456 Grlffing Avenue Riverhead, New York 11901 ORDERED that the petition for ajudgment, pursuant to CPLR article 78, annulling a determination of the Zoning Board of Appeals of the Town of Southold dated December 17, 2003, is denied and the proceeding is dismissed. In 1963, the petitioner's grandfather, Theodore Kwasnik, purchased a vacant parcel of land in the Town of Southhold on which he built a single family home. Several years later, he purchased an adjoining parcel that was never improved. In 2000, after the death of his grandfather, the petitioner purchased the improved parcel and the vacant parcel. /n 2002, he applied to the Suffolk County Department.of Health Services for permission to construct a single family dwelling on the vacant lot, and his application was granted. He subsequently applied to the Town of Southold for a building permit, which was denied on the ground that the vacant lot had merged with the adjacent improved lot pursuant to § 100-25 of the Southhold Town Code. In 2003, the petition.er applied to the Zoning Board of Appeals of the Town of Southold for a waiver of the lot merger in accordance with § 100-26 of the Southold Town Code. A public hearing was held on September 25, 2003, and the Zoning Board of Appeals issued its decision on December 17, 2003, denying the application. The petitioner commenced this CPLR article 78 proceeding on January 7, 2004. ~' aare feet required for the area. The Board also found that, since the neighboring adjacent with dwellings, it was not willing to create additional increase the number of dwellings, increase traffic, increase water and sanitary demands environmental effects. The Board further found that, while the value of the ~' as two lots wOuld be greater than as one lot, it would not create an economic hardship for e property to remain as one lot. It is well settled that local zoning boards have broad discretion and that judicial review is limited to determining whether the action taken by the board is illegal, arbitrary, or an abuse of discretion· A zoning board's determination will be sustained/fit has a rfitional basis and is supported by substantial evidence (see, Matter ofFuhst v Foley, 45 NY2d 441,444; Matter of Ten Two Ninety Realty Corp. v Zoning Board of Appeals of Village of lrlarriman, 221 AD2d 344; Matter of Point Lookout Civic Association, Inc..v Rose, 207 AD2d 454). When, as here, the record support a determination that the standards enunciated in the applicable ordinance have not been met, the courts will not interfere with that determination absent clear illegality (see, Matter of Cieenia v Zoning Bd. of Appeals of the Town of Bro.okhaven, 157 AD2d 722, 725). Contrary to the findings of the Zoning Board of Appeals, the evidence adduced by the ,m m~ size OllOtS in mat neighborhood, petitioner established that the waiver would not result in a significant increase in th n. elghborhood, that the ensuing lot would be consistent w;,t- ,t._ _. ~ . .., e density of the that the natural details and character of the contours and slopes of the lot would not be significantly changed or altered in any manner, and that there would not be a substantial filling of land affecting nearby environmental or flood areas. Thep_etitioner_.~h~however' failed to establish th~atjae woul~ suffer-sJggJfiea~ ~njury if the waiver were not permitted. Proof that the property could be utilized more profitably if the waiver were granted or that t-h~--~lue of the two improved lots would exceed that of the parcel as it currently exists is not sufficient to justify the issuance of a waiver (see, Matter Barrett v Rose, 152 AD2d 525, 527; Human Dev. Servs. v Zoning Bal. of Appeals, 110 AD2d 135, 140 affd, 67 NY2d 702). The petitioner's contentions to the contrary notwithstanding, Town Law § 274-b, which concerns the approval of special use permits, is not applicable to the facts of this case. Accordingly, the petition is denied and the proceeding is dismissed. June I0~ 2004 §~:11 S3175598Bq ZF~ 82 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WAIVER OF MERGER APPLICATION OF JASON TAGGART The tmdersign~d owners of property in the immediate vicinity of the pa~e~ls owned by Tagga~t at 1145 Nakomis R~d, Soxahold, New York and gl5 Wabasso Road, Southold, New York bx support of a waiver of merger being issued by the Southold Town Zoning Board of Appeals in o~der that a building permit can b~ issued for construction of a tingle family home at B 15 Wabasso Road. We recognize that the vacant lot was acquired by a separat~ de~i at a separate point in time, is shown as a separate lot on th~ Suffolk Courtly Tax Map, and has always been a.sse.sse, d and taxed by the Town of Southotd separately from the commonly owned single family dwelling at 1145 Nakomis Road. We feel the vacant int should be tceated similarly to other lots in our neighborhood and not denied a building permit. A ~ingl¢ family home as shown on the annexed survey will be in keeping with the general character of our neighborhood, will not ~gnificantly increase thc density of development, and will not result in any ~dvcrse changes to our neighborhood. NAME ADDRESS Suffolk Environmental Consulting, Inc. Newman Village, Main Street. PO. Box 20AB, Bridg~:hamlm'n, Now York 11932-2003 {631 } 537-5160 Fa x: 1631 } 537-5198 Brnce Anderson, M ,q. President Southold Town Zoning Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Jason Taggart Situate: 1145 Nakomis Road 815 Wabasso Road Southold, New York SCTM # 1000-7%3-28 & 29 August 29, 2003 Dear Board Members, This Firm was retained by Douglas R. Penny, Esq. in connection with the zoning application referenced above, in this application, the applicant seeks a waiver of merger to re-subdivide two parcels seperately described in the Suffolok County Tax Map as 1000-78-3-28 (hereinafter"Lot 1") and 1000-78-3-29 (hereinafter "Lot 2'). Attached herewith at Exhibit A is a copy of my curriculum vitae. The purpose of this report is to address the requirements set forth in Southold Town Code Section 100-26 (A) (4). Section 100-26 (A) (4) states: The natural details attd character of the contours and slopes of the lot will not be significantly changed or altered in arty manner attd there will not be substantial.filling qf the land affecting nearby environmental or flood areas. In order to address this requirement, the survey prepared by Peconic Surveyors dated May 22, 2002 ("Survey") was analyzed to determine the general site lay-out, the test hole was analyzed to determine whether or not a septic system could be sited on the property without substantial filling, and a field inspection of the site was conducted to determine general elevations of the property as to address potential runoffcuncerns. Analysis of the Survey reveals the overall property to consist of 26,400 square feet Upon re-subdivision, Lot I would consist of 12,650 square foot and Lot 2 would × consist of 13,750 square feet. Thus, the overall property would consist of two approximate ~A acre lots consistent with general lot size fuund in the immediate area. Subject parcel is not located within a designated flood zone as established by FEMA and thus there are no design concerns relative to the construction ora future dwelling on Lot 2. As shown on the Survey, the test hole reveals the depth of groundwater to be 6.5 feet below grade. Importantly, the test hole was taken at the center of Lot 2 which area is the Iow spot on the property. The appropriate septic system for a three or fbur bedroom future dwelling on Lot #2 would consist ora 1000 gallon septic tank along with five 2' x 10' septic rings with six inch concrete slab. The septic system could be elevated 2 ~ feet above groundwater thereby ex~:eeding the minimum requirements set forth in the Suffolk County Sanitary Code. The septic system would be sited one foot below grade as required in the Suffolk County Sanitary Code. Given the existing site conditions and applicable design standards, a septic system could be installed on the property without any fill and without any alteration to the natural contours existing on the site. In addition, a dwelling could be consffucted on Lot 2 without any fill and without any alteration to the natural conours existing on the site. Field inspection of the parcel revealed Lot # I to be fully improved and Lot #2 to consist of a grassed area having fully mature rows of arborvitae of approximately 15 feet in height. The rows of aborvitae provide nearly full screening to the north, east and south. There are no natural areas found on the parcel, lu addition, visual observation of Lot 2 reveals the lot to be significantly lower in elevation than surrounding properties and roads including Lot 1, the adjacent properties to the north and south and Wabasso SWeet. There are no natural areas on the property and there are no significant environmental features on the properties that surround the parcel. Tberelbre, the future construction ora dwelling on Lot 2 will not affect any natural resources of concern in the area or neighborhood. As stated above, the property is not located within a designated flood zone and thus there are no design requirements relative to required first floor elevations. Enclosed herewith at Exhibit B is that Topographical Map ofthe site and neighborhood derived from the Five Eastern Town Topographical Maps prepared by Suffolk County Department of Public Works (1974). The Topographical Map shows property elevations at the site as well as the surrounding neighborhood. The Topographical Map shows Lot 2 to be located within a topographical depression. The elevation at Lot 2 is significantly lower than the surrounding lots and Wabasso Street. According, thc future construction ora dwelling of similar size as represented on the Survey has no potential for affecting nearby flood areas as any runoffgenerated from Lot 2, as improved, will be retained on site. In conclusion, the granting ora waiver of merger for the re-subdivision of the lot will not result in any significant changes to the details and character of the conlour and slopes of the lot and will cause no impact to nearby environmental and flood areas. Therelbre, the requirements of Town Code 100-20 (A) (4) are satislled in this application. CC. D. Penny, Esq. Town of Southold INSTRUCTIONS _LWRP CONSISTENCY ASSES.SNIENT FORM scms -__TeS 1. All applicants for pe~xnits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town ofSouthold Waterfi'ont 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 ,4rea. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Watert~ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the act/on should be analyzed in more detail and, if necessary, modified prior to making a deterrrfination that it is consistent to the max/mum extent practicable with the LWRP pohcy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertak~ A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board librat/es and the Town Clerk's office, of Trustees Office, the Planning Department, all local DESCRIPTION OF SITE AND PROPOSED ACTION ,3 o2 3 Nature and extent of action: The Application has been submitted to (check appropriate response): (~(3 Town Board ~-] Planning Dept. [] Building Dept. ~J Board of Trustees 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 h'ansaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Location of' action: Site acreage: /~t. rp ~ Present land use: //~ t~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( )_ (d) Application number, if any:. Will the 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 . . minimizes adverse effects of develo,-ment See L TM ......... a coastal location, and criteria. ~- · vv~cr ~ecnon ~11 - Policies; Page 2 for evaluation ~¥es ~-~ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No [-~ Not Applicable ~4~aoh additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~'~ No [] Not Applicable Attach additional sheets if necessary 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 16 for evaluation criteria ~ Yes ~ No ~-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~-] No [] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes ~ No ~ Not Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. 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 46 for evaluation criteria. Yes [] No [~ Not Applicable Attach additional sheets if necessary ~vVORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [-~ Yes [] No ~[ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~'~ No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~'~ No [] Not Applicable PART II. IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY ~YPE I THRESHOLD N 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. J~J Yes r~No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS N 6 NYCRR, PART 617.67 if No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, 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, agncugural, archaeological, h~stonc, or other natural or cultural resources; or community or neighborhood character? Explain briefl'y: Vege a on or fauna fish shellfish or wddtife species s~gmficant habdats, or threatened or'endangered species9 Explain briefly C4. A community's existing plans or goals as officially a~10pted, ~; a ch~n~e in u~e or ihi;nsity"of Use 0iland'0~ othe; natur-~i resourc;s? E~lain bri~ly: cs. ' , subsequent development or related acfiwfies I~kely to be ~nduced by the proposed action? Explain briefly C6, Long term, short term, cumulative, or other effects not identified in c1-c57 Explain briefly: ...... D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA J~J Yes [~]No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If),es exelain- I--lYes I---INo j - PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determinewhetherit issubstaatial, large, important orotherwisesignificant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (l) magnitude. If necessary, add attachments or reference supporting materials. Ensure that 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 evaluate the potential impact of the proposed action on the environmental characteristics of the CEA Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly 1o the FULl FAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If differen~ from responsible officer) OWNER,. ~r~r /1~/~ ¥~-~e~ ~s-r su~. COT ~/~ s~s. v~ ~~ co~. c~. ~,sc. ~ A~E B~I~IN~ CONDITION FARM ':. Acre Value Per I Value I Tillable 1 Tillable 2 .... Tillable 3 ",., _ W~dlond ' ~ ,' Swampland ,x....z FRONTAGE ON WATER 8r~hland : FRONTAGE ON ROAD House ~ot DEPTH / / ~ ' ~ ~BU~H~D Total ~ .~ .. ~ DOCK ~A. Bldg. :-xtenslon Extension ~orch ~orch Breezeway Sarage Patio o. ~. ~,~, Total ~, Foundation Basement IExt, Walls I Fire Place Type Roof I Recreotion Dormer ~ :~, Bath £ / Floors Interior Finish Heat ROOMS Ist FlOor Rooms 2nd FI LR. Driveway TOWN OF SOUTHOLD PROPERTY RECORD CARD Zoning Bored Of Appeals Town Of Southold Michael Mira~lla 1275 Nakomi~ ~ Southold, Ne~' York 11971 To whom it may concern, 1 received notice that Jason Taggart # 6295 is requesting to unmergc 13,750 square feet of~ ,a (CTM 1000-78-3-28) from the remaing 12,650 square feet area (CTM 78-3-29) of his property. Mr. Jason Taggart wishes to build a new home on the proposed property. My property is next door. When I purchased the property 3 years ago it appealed to me because it is quiet and private. The proposed house is 12 feet from my property line,I feel this would detract from the serem'~ and privacy that my wife and I now enjoy. therefore am not in favor of the proposed waiver to merge the stated property. Thank v. ou for y. our consideration, Michael Mimbella Gerard P. C~oehringer :G~orge Homia~ ' P,~th l). Oliva Chairwoman 'V~nCc~.t Orlaado APPEALS BOARD MEMBERS Eydia A. Totters, Chainvoman ' BOARD OF APpEAI~ TOWN OF SOUTHOLD Southold Town Hall 53095 Main. Road P.O. Box 1179 Soothold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-I809 http://southoldtow n.nodhfork, net_ RECEIVED FINDINGS, DELIBERATIONS ANDDETERMINATION BEC ] 7 MEETING OF NOVEMBER 20, 2003 .,<d'~ .~ - ~Ap~I.. No. 5389 ~JASON TAGG~T ' -' ".:'Lg~fibn 0f Pro~ 8~5 Wa.ba~e R~d, ~old, CTM 100~78-3-29; m~g~ ~ 7~28 ~ate 6f ~blic Headng: Septemb~ 25, 2003 FINDINGS OF FACT ,. ~.~PER~ FACTS/DESCRI~ION: The appliers pmpe~ ~ns~ of a to~l me.ed area,~ 26,400 ed. '.f:.Jd~tEied a~ 29 ~nd28 at S~0n 78, BI~ 3, ~e S~I~ Coun~ T~ Maps. The ~pli~nt s ~elting emts . ,~ ~bn ~e W~edy ~ibh of ~e properly at45.1 ~et ~ ~e ~nt prope~ line facing Nokomis R~d. ~e entire ": }A~;400 s~. fi. p~has 1t5 fi; ~o~ge a[~g ~e east sidff of Nokomis R~d and 125 ~. ~n~ge along ..~ side~f W~as~0 S~t, In S~old. ~e p~, exi~hg ~h a me.ed ar~ ~ 26,400 sq. ff., do~ not :~d~ ~ the:mini~u~ ~ 00d Sq · m size requirement fo( ~is R~ E~-Densl~ R~iden~ Zone DIs~la. ' "~ ;BASIS'OF;APPLiCATION:: Appli~nFs ~uest ~s ba~d an ~e Budding De~ent s Feb~,18, 2~3 Nofi~ ;of Dl~ro~l, db~m[nJn~ ~ the aubj~t lot, SCTM ~0-78-~29) merged ~th adjac~t lot to' ~e west '(bCTM ~7~3-~)pursuant to S~tton 100-25 which ~: ;M~rger. A no'n~n~ing I~ sha~l merge ~ an a{jacen[ centring or non~n~rming lot whi~ has ~q held' in, ~mmon ~hlp ~th the flint lot ~ ~ny time a~er July 1, 1~3. ~ advent lot is one Wh]~ abuts.:~ the pardi ~r a ~mmen ~ume ~ (~) feet or more in d~. Non~n~lng I0~~ Shall merge un~l th~ to~l lot sJ~ ~nfo~s to ~e ~rrent bulk sch~ule r~uk~en~." - '.'~LiEF ;~ES~ED ~p ~nt requ~ a Lot W~er to unmarge 13,750 ~. ff. of ama (C~ 28) from a remaining 12,6~ ~.: ~: of ar~ (C~ FINDINGS OF FACT ';Th~ ZOn!qg Boarfl of Appeals held a public heanng on this ~pplicafion on September 25, 2003, at which time 'w~itt~n artd',o~aj evidence were presented. Based upon all testimony, documentation, parsonal inspection of the ~roperty, and.other.e,~,ide~ce, the Zoning Board finds the folloWing facts to be true and relevant .'"REASONS' FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony presented, mafadals submiffe~ ~n~] personal Jnspectiea, the Board makes the fallowing findings: ~ Grant ofla~walver to unmeroe a and area of 13,750 so. ff- from the existing non~onfarmln(3 lot area of 2(},400 .. so. fi:. is ~btlc~n~iste~with lots In the ne~,qhborhood. Th~ applicant's property consists of a total area of 26,,~10 sq. ff. A~ijaCent neighboring lots, to the north, east, south add west ere larger than the proposed unmerger by applicant, a~A each are implored with a single-family dwelling, and consist of the following lot sizes: (a) to the e~st, CTM'60.1 c~nsiSts of 25,200+- sq. ff.; CTM 49 consists Iof 14,400+- sq. ff.; (b) to the west, CTM No. 16, 15, each C0~sist of a minimum area va~jlng between 13,900+- ~SCl, ft. and 26,620+- sq. ff. The, apprlcanrs 26,400 sq. fi. lot Is Improved with a [single-family dwelling and has been in common ownership ali,rice 1970, and up to the present time. Althougbtha properly was acquired by the applicant on March 7, 2000, the property wes never held in slngle-and-sepa~ata ownership at any time between 1970 and the oresent time, as confirmed ~y the title search prepared by Fidelity National Title [nsarance Company dated May 20, 2003 an~ other file information. Page 2'"- Nov~ber 20, 2003 Appl. No. 5389 - J. Taggert ~ 000-78-3-29, 28 Infotmatl0n was submitted by the applicant'~ aEon'fey, in writing, and testimony offered during the S(~ptember 2~, 2003 hearing that the applicant's grendfathe{r, Theodore Kwasnlk, acquired the improved lot {described land wi. th.~ single-family dwelling, refa~l 'to as ~e westerly portion, CTM 28) in 1963, and then acquired the re,~bJnihg property in 1970 (descdb~'d ~and refeF~d to the eastedy portion, CTM 29). It was also ndted that the appJicent wishes to obtain approvals to build a r~ouse (CTM 29), and to retain the existing house (CTE, I 28). ..~. AJthough the property was acquired on different date 3, the land is described as shown on the former 1963 and 1970 deeds conveying the properly to the predec~ Ssor in title (T. Kwasnlk). The property was not created by Town subdivision approval, or listed on the Town' ~ Lists of Excepted Lots Area and Width in effect since 1979, ann was acquired en March 7, 2000 by the appilc~ t (Jason T~ggart), 2. Proof to show that a waiver will avoid an e~conomic hardshln The town's assessment records show that the land C.H. Wickham. A new house was built on CTM 28 during 19~ a value of'$3,000. THe August 29, 2003 fair market value epl Agawam A~bertson Rea~ Estate indicates a value of $450,00~ 'house portion valued at $399,900 and.the remaining portion that the property would become more valuable if the lot waiv, but it does not sliow that there is an economic hardship for th* The record doee.not demot~strate proof that there wan and 2002 to separate or maintain the properties as separate dwelJin9, althougtl the prepertieS had ~eparete tax assassmen the lots were provided as security in March 2000 Jn a single dee There is no proof demonstrated in the record to sh applicant's property was maintained continuously as two separa No application to an agency for building or other apprc information tO show good faith intention to separate ownersh during the last 33 years was offered. 3. Evidence with reaard to envirg~m{~ntal impacts and poi neighboring adjacent lots are already developed and improve~ additional future Iota, increased number of dwellings, increase( and other related environmental effects. as split in 1963 from a 4.5 acre parcel (formerly 3. In 1970, CTM 29 was convey~,,cl by deed, with fl0n prepared by Mary Ann Feeval of Century 21 ~ if the properties remained es merged, with the $51,000. Tite information offered also indicates were granted~ adding another $149,000 In value, 3roperty to remain as one let of 26,400 sq. ff. good faith intentions at any time between 1970 ots or a good faith intention to build a separate s based on the 1963 and 1970 deeds; and, thst to the applicant. ' 3w that the southerly portion (CTM 29) of ~he Ie building lots. Vale was filed by the owners since 1965, and no , or otherwise separately maintain the property ~ntiai effects under Section 100-26A(4}. The ~ith dwellings. The Board is not willing to create fraffi~, increased water and sanitary demands, zL Information was submitted to show ~hat the pmpert,/doespot require fill or change in the. pmsant grade, and naomi details end character of the contoum end slopes am nOdlfferent than others in the ne~ghbothood. RESOLUTION/ACTION: On motion by Member Homing, seconded by Chain~/oman Oliva, it was RESOLVED, to DENY the requested Waiver to unmerg{) CTM 29 from CTM 28, as applied for. VOTE OF THE BOARD: AYES: Members Oliva (ChairwOmar~), Goehrlnger, Tortora, and Homing. (Member RUTH D. OLIVA, pHAIRI~/OMAN 12-17-03 Approved for Filin~ Town Annex/F~t ~loor, No~h Fork Bank 54375 Main Road (at Youags Avenue) Southold, NY 11971 http://sou~oldtown.nor~hfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (63i) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Date: , ~//r=~ENCE:: FACSIMILE TRANSMITTAL SHEET Fax # TOYAL NO. OF'PAGES INCLUDING COVER: SEN~..~'~ TELEPHONE NUMBER: 765-1809 (press I at voice recording) [] URGENT F~OR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOT'-~CO;~i~.HTS: Please find attached copy/copies of the follo~. Thank you. Sender's Initials: ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 2, 2009 Zoning Appeal No. 6295 Transmitted herewith is Zoning Appeals No 6295 of Jason Taggart - 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, Agricultural Data Statement, Cover letter fi.om Patricia Moore explaining requesting waiver of merger dated March 26,2009, Notice of Disapproval from Building Department Dated March 18th 2009, Authorization Letter fi'om Jason Taggart to Patricia C. Moore to represent them in this matter, Certificate of Occupancy for Dwelling Permit # Z-26960 Dated March 6th 2000, Trial Term, Part 8 Suffolk County Jason Taggart Against Zoning Board of Appeals Filed on June 15, 2004, 6 Page Copy of Fidelity National Title Insurance Company title search for Jason Taggart's property Title No # 09-7404-73928-SUFF Dated March 18th 2009, Copy of Survey Dated May 22, 2002, 5 Pages of Bargain and Sale Deed fi'om Adele Cosenzo to Jason Taggart Dated March 7th 2000,3 Page Copy of Property Record Card, Copy of Survey of Property with Suffolk County Department of Health Services Permit for approval of Construction for a Single Family Residence Only revised Date July 24th 2002, Copy of Tax Map of Section 2 Laughing Water revised May 27th 1957 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/01/09 * * * RECEIPT * * * Receipt~: 44509 Transaction(s): 1 1 Application Fees Reference Subtotal 6295 $150.00 Check~: 470 Total Paid: $150,00 Name: Taggart, Jason A 1045 Nakomis Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6295 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/1/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP R ~CEIYED 6295 TAGGART, Jason 470 $150.00 By__ Thank ou. Southo'el Tow~ Clerk $150.00 #9372 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 I week(s), successively, commencing on the 16th day of July, 2009. Principal Clerk Sworn to be,ore me this dayo, 2009 NO. 0] -VO~105050 Qualified in Suffolk County CONING 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.north fork.net June 29,2009 Re: Town Code Chapter 55 - Public Notices for Thu~'sday, July 30, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Eegal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July1-:% 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 arrangements were made in either a written statement, or during the hearing, prov d n~ the returned letter to Us as soon as possible; AND not later tha~ July 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 July 22"d: Please make arrangements to place the enclosed Poster o.n 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 July 28, 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. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 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, JULY 30~ 2009: 10:30 A.M. JASON TAGGART # 6295. Request for a Waiver to unmerge 13,750 square feet of area (CTM 1000-78-3-28) from the remaining 12,650 square feet of area (CTM 78-3-29), based on the Building Inspector's March 18, 2009 Notice of Disapproval which states the subject lot merged with the adjacent lot pursuant to Code Section 280-10. Location of Property: 1145 Nokomis Road and Wabasso Street, Southold. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: July 6, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY MNDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # TAGGART, JASON 78-3-28 & 78-3-29 #6295 VARIANCE LOT WAIVER REQUEST UNMERGE UNDERSIZED LOT DATE: THURS, JULY 30, 2009,10:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 July 15, 2009 RECEIVED ~OA~D OF ApPEAI,~ Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: TAGGART # 6295 SCTM: 1000-78-3-28 & 29 HEARING DATE: THURSDAY, JULY 30, 2009 Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbor, postal receipts and green receipt cards received as of date. Thank you. Very tr.~ly/~urs, ,dy Betsy Perkins LA bp encls. PATRICIA C. MOO 51020 MAIN ROAD SOUTHOLD NY 11971 J ~SQ · ~.,~j/~ec 'ved By: ~lea~[;~__~rlnt CI ar/y) Article Number 7192 6463 3110 0000 4643 7192 6463 3110 0000 4643 C. Date of Delively ¢~//'O ? PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 B. Re~eiv~ed B '.~.~P_~eas~ .P~i~/ C,~,ajly~ ,, t. Article Addressed To: MICHAEL & KATHERINE MIRABELLA 164 WILLOW WOOD DRIVE OAKDALE NY 11769 Z Art;I;9N~m~63 3110 0000 4674 7192 6463 3110 0000 4674 1. Article Addressed To: WENCHELL WT- INCOME TRUST 1210 HIAWATHA'S PATH SOUTHOLD NY 11971 51020 MAIN'ROAD ' (Extra Fee) [~] Yes CERTIFIED SOUTHOLD NY 11971 ~~ 2. Article Number 650 A. Sign ture (C3Addresse or 192 6463 3110 0000 4650 C. Date of Delivery 1. Article Addressed To: ITALO & ELSIE BALACICH 730 WABASSO STREET SOUTHOLD NY 11971 J pATRIC~A C- MOORE ESQ. 51020 MAIN ROAD SouTHOLD NY 11971 (please CJeady) Date of Delivery ~ 4. Restricted De very? ~3. SerVi---ce T~yp~- -- "T re Fee yes CERTIFIED Article Number 7192 6463 3110 0000 4667 7192 6463 3110 0000 4667 Article Addressed To: RICHARD & FAITH TRIPPTREE 910 WABASSO STREET SOUTHOLD NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JASON TAGGART (Name of Applicant) SCTM Parcel #1000-78-3-28 & 29 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, MARGARET RUTKOWSKI residing at Mattituck, New York, being duly sworn, depose and say that: On the /co '/'/'/day of July, 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. (Si~natu~) Margaret Rutkowski Sworn to before me this~~'~ day,,qf July, 2009 /3 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers ne~ to the owner names and addresses for which notices were mailed. Thank you. TAGGART NEIGHBOR LIST MICHAEL COLAVITO 198 DURBY STREET E. WILLISTON NY 11596 $CTM: 1000-78-3-27 MICHAEL & KATHERINE MIRABELLA 164 WILLOW WOOD DRIVE OAKDALE NY 11769 SCTM: 1000-78-3-30.1 ITALO & ELSIE BALACICH ,/ 730 WABASSO STREET SOUTHOLD NY 11971 SCTM: 1000-78-3-49 RICHARD & FAITH TRIPPTREE / 910 WABASSO STREET SOUTHOLD NY 11971 SCTM: 1000-78-3-50.1 / WENCHELL WT. INCOME TRUST,/ 1210 HIAWATHA'S PATH SOUTHOLD NY 11971 SCTM: 1000-78-3-14 MITCHELL & C1NDY RUGGLES 1150 NAKOMIS ROAD SOUTHOLD NY 11971 SCTM: 1000-78-3-15 RECEIPT FROM: SEND TO: MICHAEL COLAV]TO FEES: Postage 04~ c~r,~d~ _~__.~..... TOTAL ,. ,~ .~.54 POSTMARK OR DATE RECEIPT 71926,463311000004667 FROM: PATRIC~ C MOORE ESQ RE: TAGGART ZBA HEARING SEND TO: RICHARD & FAITH TR~PPTREE 910 WABASSO STREET SOUTHOLO NY 11971 FEES: Postage 044 FROM: pATRICIA C MOOR[: ESQ R[:: taggart zba he~fing SEND TO: MICHAEL & KATHERINE MIR,qB[ 164 WILLOW WOOD DRIVE OAKDALE NY 11769 RECEIPT · 7192 6463 3110 0000 4650 ~I~' FROM: pATRICIA C MOORE ESO RE: tagga~ zba hearing SEND TO: FEES: FEES: postage 0.44 Postage 0 44 2.80 280 Return 17,e~t~,~ ~. 2 30 RECEIPT 7192 6463 3110 0000 4674 FROM: pATRICIAC MOORE ESQ RE! TAG GART ZBA HI~AR]NG SEND TO: WENCHELL WT INCOME TRUS 1210 HIAWATHA*S PATH SOUTHOLD NY 11971 FEES: Ce~,~l=e~; ~.- 280 RECEIPT 71S2 6,~63 3110 000~ 4681 FROM: PATRICIAC MOORE ESO RE: TAGGART ZBA HEARING SEND TO: MITCHELL & CINDY RUGGLES 1150 NAKOMIS ROAD SOUTHOLD NY 11971 t~'ATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 7654643 July 10, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JASON TAGGART PROPERTY LOCATION: 1145 NOKOMIS RD. SCTM:1000-78-3-28 AND 29 & WABASSO ST. SOUTHOLD Dear Neighbor: I represent Jason Taggart with regard to his above properties. They have submitted a request to the Southold Town Zoning board of Appeals to waive a merger of two properties under Zoning Code Section 280-11. A copy of the legal notice is enclosed together with a copy of the survey. The hearing on this matter has been scheduled fo THURSDAY, JULY 30, 2009 at 10:30 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. V~ truly yours, enels. C: Mr. Gason Taggart 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 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~ JULY 30, 2009: 10:30 A.M. JASON TAGGART # 6295. Request for a Waiver to unmerge 13,750 square feet of area (CTM 1000-78-3-28) from the remaining 12,650 square feet of area (CTM 78-3-29), based on the Building Inspector's March 18, 2009 Notice of Disapproval which states the subject lot merged with the adjacent lot pursuant to Code Section 280-10. Location of Property: 1145 Nokomis Road and Wabasso Street, Southold. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: July 6, 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JASON TAGGART Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-3-28 & 29 AFFIDAVIT SIG~ POSTING \ dUL 2~ 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~ da~ of July, 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, July 30, 2009. . .. "~,~ Patricia C. Moore Sworn to before me this '~' day of July, 2009 *near the entrance or driveway entrance of the property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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 September 29, 2009 Mr. Jason Taggart c/o Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File # 6296 - Waiver of Lot Merger (CTM Parcel 78-3-29) Dear Mr. Taggart and Ms. Moore: Please find enclosed a copy of the Findings, Deliberations and Decision rendered by the Zoning Board of Appeals on September 22, 2009 concerning the above application requesting a Waiver of Lot Merger. Please be sure to contact the Building Department for continued reviews under the codes regarding the building application process. Thank you. Very truly yours, Encl. Linda Kowalski SLEEPY HOLLO!