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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
Mailin~ Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING DATE: OCTOBER 22, 2009
ZBA File # 6317: ROBERT and BARBARA LEWIS, Applicants
LOCATION OF PROPERTY: 600 and 700 West Cove Road, Nassau Point
Nassau Club Properties, Cutchogue; CTM # 1000-111-*~1} ~ - ~ :~/~ ~'~:"~D
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 39,071 square
feet of land comprising Lot 279 on the 1922 amended Map A, Nassau Club
Properties (CTM 1000-111-2-10), from the remaining 39,397 square feet of land
comprising Lot 278 on a Map of Section C, Nassau Point Club Properties, Inc.
and the southerly portion of Lot 277 on an Amended Map A of Nassau Point
(CTM 1000,111-2-9), based on the Building Inspector's May 15, 2009 Notice of
Disapproval which states that the subject lot merged with the adjacent lot has
been held in common ownership with the first lot at any time after July 1, 1983,
pursuant to .Code Section 280-10.
FINDINGS OF FACT
On Octobe~ 1, 2009 the Zoning Board of Appeals held a public hearing on this
application,'at which time written and oral evidence were presented. Based upon
all testimony, documentation, personal inspection of the property, and other
evidence, th,.e Zoning Board finds the following facts to be true and relevant:
1. The lot ~)roposed to be recognized has not been transferred to an unrelated
person since the property was purchased in 1971. The two lots were merged
pursuant to the enactment of the merger law. The applicants became aware of
the merger in 2007. There were no transfers of ownership outside the family
during any Of this time.
Page 2 - October 22, 2009
ZBA #6317 - ROBERT & BARBARA LEWIS, Applicants
CTM # 1000-111-11-2.9
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 of comparable in size to the majority of
improved lots in the neighborhood. The subject lot is approximately 0.59 acre.
The lots immediately to the south on West Cove Road are respectively, 0.52 and
0.43 acres. The lot directly opposite is 0.41 acre.
b. The lot to be unmerged is vacant. It has historically been treated and
maintained as a separate and independent residential lot.
c. The.Waiver of merger and recognition of a second lot will not create an
adverse imDact on the physical or environmental conditions in the neighborhood.
The subject parcel is the only vacant lot 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
GRA)~IT the application for waiver of merger, as applied for, and subject to
the ai~plicant's filing with the ZBA an updated metes and bounds survey
with lot sizes within six (6) months of this determination and prior to
issu~,nce of a building permit.
Vote of the;Board: Ayes: Members Goehringer (Chairman), Simon, Weisman,
and Schneider. Member Horning was abse~'hl--s-s-s-s-s-~Reso. Q~tion was duly adopted
? ~rd P~ G~oehring~j¢, Ch~man 10/.~/2009
,./"////Appr°ved for Filing
N
E
N BI'oB'04"
N/O/cFORNWELL
THOMAS.?'~ UcORNFFELL
PlO LOT~
, 0,, 'N
77°25
564.45'
p/O LOT~ ' *
?.93.04'
. FRAME HOUSE
. ~.?.? .3
P/O
SURVEY OF
LOT 277 & LOTS 278 & 279
AMENDED MAP A OF
NASSAU POINT
FILE No. 156 FILED AUGUST 16, 1922
SZTUA TE
NASSAU POINT
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-111-02-09
S.C. TAX No. 1000-111-02-10
SCALE 1 "=30'
NOVEMBER 16, 2009
0EC 2 2 200g
_CERTIFIED TO:
ROBERT LEWIS
BARBARA LEWIS
S.C. TAX No. S.C. TAX No.
10OO-111-02-O9 1000-111-02-10
TOTAL AREA = 61,429 sq. ff. 39,780 sq. ff. 21,649 sq. ff.
(TO BULKHEAD 1.410 OC. 0.915 oc. 0.497 OC.
· TIE LINE)
TOTAL AREA = 65,756 sq. ff. 41,870 sq. ff. 23,886 sq. ff.
(BY FILED MAP) 1,509 ac. 0.961 ac. 0.548 ac.
FINAL MAP
REVIEWED BY ZBA
~SEE DECI~SION # ~¢ / 7_
ATED_~ I~,
THE EXISTENCE OF RIGHTS OF WAY
Nathan Taft Corw~n III
Land Surveyor
PHONE (651)727-2090 Fox (63~)727-1727
FOR OFFICE USE ONLY
FEE $ f~ DATE ASSIGNED/ZBA FILE # ~'~ & 3 f~
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 MAY 15, 2009 WHEREBY THE
BUILDING INSPECTOR DENIED AN APPLICATION DATED MAY 12, 2009
UNDER TOWN CODE CHAPTER 280 (ZONING), ARTICLE II, SECTION 280-
10A FOR:
Building Permit [] Permit for As-Built Construction
Certificate of Occupancy [] Pre-Certificate of Occupancy
Other: A Permit for Merger Determination
Owner of Parcel for Waiver: Robert A. Lewis & Barbara Lewis
Owner of Adjacent Parcel: Robert A. Lewis & Barbara Lewis
Note: If applicant is not the owner, state if applicant is owner's attorney, agent,
architect, builder, contract vendee, etc.
Mailing Address: 120 East 89th Street, #4D, New York, NY 10128
Telephone No.: 212-369-7305 FAX/E-mail
Agent for Owner: Deborah Doty, Esq., as attorney for Owner
Address: 670 West Creek Avenue, PO Box 1181, Cutchogue, NY 11935
Telephone No.: 631-734-6648 FAX/E-maih 631-734-7702
Please specify who you wish correspondence to be mailed to, from the above:
[] Owner · Authorized Representative
We, Robert A. Lewis & Barbara Lewis, request that the Zoning Board of Appeals
waive 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 Suffolk
County Tax Map District 1000, Section 111.00 Block 02.00 Lot 010.000 containing
21,264 square feet (0.596 acres according to Town Property Card) located at 700
West Cove Road, Cutchogue, NY Szrcc~, to be unmerged from District 1000, Section
111.00 Block 02.00 Lot 009.000 containing 39,397 square feet (1.04 acres according
to Town Property Card) located at 600 West Cove Road, Cutchogue, NY SZrccL
See 6/3/2009 letter from Stanley J. Isaksen, Jr. for square footage calculations.
This property is located in the R40 Residential Zone District.
ADDITIONS TO ZBA FORM APPEAR IN BOLD TYPE; DELETIONS ARE INDICATED BY STP~I.'~ C\'ER.
Page 2 - APPLICATI~OR WAIVER TO UNMERGE PROPERTY
ZBA #
The lot to be unmerged was originally created by map entitled Amended Map A of
Nassau Point, owned by Nassau Point Club Properties, Inc. situate in the Town
of Southold, N.Y., surveyed June 28th, 1922 by Otto W. Van Tuyl, C .E." and filed
in the Office of the Clerk of Suffolk County, on August 16, 1922, under file No.
156,,~,.,~--~ ,~,~,.,~,~-'A~ 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.
This application is an alternative to that provided for under other Town Code
provisions available for an area variance.
HISTORY
The subject vacant parcel (SCTM lot #10) is map lot 279 on map entitled
"Amended Map A of Nassau Point, owned by Nassau Point Club Properties, Inc.
situate in the Town of Southold, N.Y., surveyed June 28th, 1922 by Otto W. Van
Tuyl, C.E." and filed in the office of the Clerk of Suffolk County, on August 16,
1922, under file No. 156. See 12/29/42 deed to Ruth R. McAdams. The parcel
is 0.596 acres according to the Town Property Card.z
The dwelling parcel (SCTM lot #9) is comprised of map lot 278 and the
southerly portion of map lot 277. Map lot 278 is depicted on the map entitled
"Map of Proposed subdivision, Section C, Nassau Point Club Properties, Inc. -
situate on Nassau Point, Suffolk County, N.Y. surveyed by Wallace H. Halsey,
C.E. Southampton, N.Y. June 1919." That parcel was conveyed by 7/20/20 deed
to George F. McAdams and recorded at Liber 1005 page 354. The house was
built on map lot 278 in or about 1921. Map lot 277 is reflected on "Amended Map
A of Nassau Point, owned by Nassau Point Club Properties, Inc. situate in the
Town of Southold, N.Y., surveyed June 28th, 1922 by Otto W. Van Tuyl, C.E."
and filed in the office of the Clerk of Suffolk County, on August 16, 1922, under
f'de No. 156. The southerly half of map lot 277 was transferred by 11/1/22 deed
to George F. McAdams and recorded at Liber 1057 page 578. The partial lot was
merged with map lot 278 to form lot #9 of 1.04 acres, and no change is requested
with respect to lot #9.
Robert A. Lewis and Barbara Lewis purchased SCTM lots #9 and #10 in
1971. They have assiduously refrained from incorporating the subject vacant lot
#10 into the dwelling lot #9. While they have stored wood and cleared small areas
on the subject parcel, the vacant land has not been improved.
Early in 2007, the Dr. and Mrs. Lewis were doing estate planning and
sought to bequeath the vacant lot #10 to one of their children and the house lot g9
For the sake of consistency and because square footage information is not available
for many of the parcels in the neighborhood, this application will use lot sizes in
acres from Southold Assessors' records.
Page 3 - APPLICATIOIR WAIVER TO UNMERGE PROPERTY ZBA # ~/~
to their other child. At that time, they discovered that the vacant lot had merged
with the dwelling lot. Subsequently, Dr. and Mrs. Lewis engaged in concerted
efforts to secure an amendment to the Town's merger law including meeting and
teleeonferenees with the Town Supervisor, correspondence from the Supervisor
(see attached 6/10/08 letter), and an appearance before the Town Board in
connection with the 2008 amendment of the merger law.
APPLICANT'S REASONS:
(1) The waiver would recognize a lot that is comparable in size to the majority of
the improved lots in the neighborhood because there are 18 lots on West Cove Road
between the "dogleg" corner and intersection with Haywaters Road. Within that
area, 9 lots are smaller than the subject parcel. (Not included is lot #5.1, which
does not front on West Cove Road, is 0.39 acres, and was created as a result of
a family split from lot #5.2 (0.35 acres)). Only 8 of the 18 lots are larger than the
subject parcel with 2 of those lots being less than 1 acre. With the exception of the
subject lot #10, every lot is improved by a single family residence (and some also
have customary accessory structures). The following information is from the tax
books in the Southold Assessors' Office.
SCTM 1000-111- ACREAGE USE
2-2 0.33
2-3.1 1.38
2-4 0.87
2-5.2 0.35
2-6 1.26
2-8.1 1.54
2-9 1.04
2-10 0.593
2-11 0.52
2-12 0.43
3-1 0.55
3-2 0.53
3-3 0.53
3-4 0.65
3-16 1.12
3-17 0.41
3-18 0.43
5-1 1.56
Single Family Residence ("SFR")
SFR
SFR
SFR
SFR
SFR
SFR (adjoining dwelling lot)
Residential Vacant Land (subject)
SFR
SFR
SFR
SFR
SFR
SFR
SFR
SFR
SFR
SFR .
(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 owners have treated lot #10 as a separate and
independent lot since the purchase in 1971. The lot has been used primarily for
storage of wood. With large portions being overgrown, the lot has, for the most
part, remained uncleared or unincorporated into their dwelling lot.
Property Card reflects that parcel is 0.596 acres.
Page 4 - APPLICATIO~OR WAIVER TO UNMERGE PROPERTY ZBA# ~o?d/~ %
The parties to the 1971 purchase treated the lots as separate and
independent. Even though the legal description included both lots, the 1971
purchase money mortgage distinguished the vacant lot gl0 from the dwelling lot
g9. That mortgage included the following clause: "In the event that the
mortgagors [Dr. & Mrs. Lewis] shall make a bona fide sale of all or a portion of
Lot No. 279 [the subject vacant land], the mortgagee agrees to release the portion
of said lot so sold from the lien of this mortgage upon the payment to the
mortgagee of the full amount of such sales price ..... ' The parties understood
that two separate lots were being conveyed and, if the subject vacant land were
sold independently of the dwelling lot, the seller would release that vacant lot from
the mortgage so that the vacant lot could be conveyed free and clear of the
mortgage lien.
The Town of Southold has issued separate tax bills for each of the parcels
for each year since the 1971. Thus, the Town has treated the subject vacant lot
gl0 as a separate and independent residential lot.
(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
subject parcel is the ONLY vacant lot in the neighborhood and construction on
this lot will have no adverse impact on the neighborhood.
Please check one or more of the following that apply to the lot to be unmerged:
[]
(attach
The lot was formerly approved by the Southold Town Planning Board on
copy).
[] This lot was approved or shown on a map approved by the Southold Town
Board during 19__.
[] 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 g _ in the year _ (please attach copy). .
[] A search of Town records found a Certificate of Occupancy was issued
a dwelling or other purpose on SCTM g _ (please attach copy).
The subject parcels were created as part of the Nassau Point subdivision in or
about 1922. Map lot 278 and the southerly portion of map lot 277 were merged
into one 1.04 acres lot in or after 1922.
(Attach additional sheets if needed).
Sworn to before me this
/ (~ day of June, 2009
DEBORAH DOTY, ESQ.,
as attorney for Owner of Parcels gl & g2
Commission Expires Nov.
QUESTIONNAHI.E
FOR FILING WITH Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[3 Yes [] If yes, check if applicant is the Contract Vendee ~ No
Are there any proposals to change or alter land contours?
[~ No [] Yes, please explain on attached sheet.
1) Are there areas that contain beach sand or wetland grasses? sand - between bulkhead & ohwm
2) Are these labeled on the map submitted with this application? yes
3) Is the property bulkheaded between the wetlands area and the upland building area?
yes
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for a permit or other determination/jurisdiction? Please confirm status of your
inquiry or apphcation with the Trustees: If
issued, please attach copies of permit with conditions and approved map.
D. Is there a depression at or below five feet above mean sea level, or sloping elevation near the area
of proposed construction? Please describe: no construction proposed
Are there any patios, concrete barriers, bulkheads, tiptop or fence that exist and are not shown on
the survey map that you are submitting at this time? no (Please show area of these
slructures on a diagram or survey map (or state "none" on the above line, if there are none.)
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 approved by the Building
Department and describe:
Do you or any co-owner also own other land close to this parcel? yes~* If yes, please label
the proximity of your lands on your map with this application. ~1000-111-2-9
Please list present use or operations conducted at this parcel residential vacant land
and proposed use residential vacant land
(examples: existing: single-family; proposed: same with garage or pool, or other descriphon.)
Authorized Signature and Date
2J05; 1/07
~ filed 8/16/1922 as
at Liber 1197 page
LOT WAIVER QUEST~ONNAIRF
or deed dated 5/24/1926
What are the square footage and dimensions of this lot (subject of building department
merger application): .596 acre:~p~ rt. by +- ft.
Date of first deed which created this lot: Lot #279 on Amended Map A of Nassau Point~
Date of current deed to present owner: 5/15/1971
Owners' names of lot at current time:
Robert A. Lewis & Barbara Lewis
Date and name of subdivision (if any);
Size of remaining lot in the merger: ] .o4 acres
Were there any building permits issued in the past for this lot: Yes _. No
If yes, please provide copy of former permit and map approved. -
W :ere there any County Health Department approvals in the past for either lot?
No × If yes, please provide a copy.
Yes ..
Were they any vacant land Certificates of Occupancy requested in the past?
Yes No. x. If yes, please provide a copy.
Were there any other Town actions (apprOvals or denials) in the past regarding this
property (such as a pre-existing Certificate of Occupancy fora preexisting building, a
variance, lot-line change, Trustees approval, or other type of application to build or use the
property in any way)? Yes. No X T other than 5/15/2009 and 7/2/2008 disapprovals
If yes, please provide copy (if available), or explain: Town's 6/10/2008 letter
resulted in 7/2/2008 disapproval
Is there any building or structure, suc~ as a patio, driveway, or other, overlapping the
deeded lot line which separates 'the two merged lots?
No. Yes x If yes, please explain, bulkhead is across both lots
How many other vacant lots are on the same block and immediate neighborhood? none
Please note other approvals or other information about common ownership of these lots:
Dated:
ZB~5/27/99
I am an owner of the subject lot and the above information is provided, ~o the best of r
knowledge. (Copies noted above are attached.)
1 6 2009
PROJECT ID NUMBER
PART1-PROJECTINFORMATION
1 APPLICANT/SPONSOR
Robert A. Lewis & Barbara Lewis
3.PROJECT LOCATION:
Cutchouge/Southold
Municipali~
61720
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
2. PROJECT NAME Merger
Waiver of
Suffolk
County
4 PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map
700 West Cove Road, Cutchogue #1000-111-2-10
5 IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration N/A
SEQR
6 DESCRIBE PROJECT BRIEFLY:
"Unmerge" two lots which have been treated as single and separate by owners,
Town, and County since their creation but were merged under Town Code without
notice to owners.
7 AMOUNT OF LAND AFFECTED: .5c)6
Initially .506 acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
[~lYes [] No If no, describe briefly:
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~Residential E~lndustdal []Commercial [~]Agriculture r~ Park / Forest / Open Space ~-'~O,her (describe)
10. DOES ACTION iNVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal. State or L~al)
~Yes ~ No If yes, list agency name and pe~it / 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: ..... ; ~ t~P
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant /Sponsor Name Robert A. Lewis & Barbara Lewis Date:
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
RANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town offices
and cuuployees. 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.
YOUKNAME: Robert A. Lewis & Barbara Lewis
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a con-~pany. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Exception
Other Activity:
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
Waiver of merger
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5% of the shares.
YES NO x
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town 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 corporation);
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 ~.Bz'~----day of
l~ame: aooert A. Lewis & Barbara Lewis
by Deborah Doty, Esq. as attorney
DEBORAH DOTY
ATTORNEY AT LAw
670 WEST CREEK AVENUE
P.O. Box 1181
CUTCHO6UE, NY 11935-0876
FAX 631-734-7702
631-734-6648
JUN 1 7 2,¢,3
June 16, 2009
Linda Kowalski
Southold Town Zoning Board of Appeals
53095 Main Road
PO Box 1179
Southold, NY 11971
RE:
Robert A. Lewis & Barbara Lewis
700 West Cove Road, Cutchogue, NY (SCTM # 1000-111-2-10)
Application for Waiver of Merger; Appl. #6317
Dear Ms. Kowalski:
As you requested, enclosed please find seven copies of the property cards for lot #1000-111-2-
8.1. The enclosed includes copies of the card for current !gt #8.1 and the cards for the prior two
parcels which were combined in 1973 to form #8.1. ---~-~i~0t'tye ~t ,,
Please advise if the Board requires anything further. Thank you.
Encls.
cc: Robert A. Lewis & Barbara Lewis
DD:bdr
Respectfully submitted,
Deborah Doty
DEBORAH DOTY
ATTORNEY AT LAW
670 WEST CKEEK AVENUE
P.O Box 1181
CUTCHOGUE, NY 11935-0876
F~x 631 734-7702
631-734-6648
BY HAND
Southold Town Zoning Board of Appeals
Town Hall
53095 Main Road
PO Box 1179
Southold, NY 11971
June 16, 2009
JUN 1 6 2009
RE:
Robert A. Lewis & Barbara Lewis
700 West Cove Road, Cutchogue, NY (SCTM # I000-111-2-10)
Application for Waiver of Merger
Dear Members of the Board:
I represent Robert A. Lewis & Barbara Lewis who are the owners of the above-referenced
premises and the property adjoining to the north known as 600 West Cove Road, Cutchogue, NY
(SCTM # 1000-111-2-9).
Enclosed please find the original and six copies of the following: (a) Notice of Disapproval
from the Southold Building Department; (b) Application for a Waiver under §§ 280-9, 280-10, and 280-
11; (c) the most recent survey; (d) the single and separate search prepared by Chicago Title Insurance
Company insuring the Town in the amount of $25,000.00; (e) deeds prior to 1957 for the two parcels;
(f) the 1971 deed to my clients and the 1971 mortgage; (g) the ZBA Questionnaires; (h) the
Environmental Assessment Form; (i) the Town property cards; (j) the LWRP form (with extra copy
with survey without explanation of landscaping and activities near CZMA as no change is planned); (k)
Transactional Disclosure Form; (1) the tax bills for the two parcels; (m) the tax map; (n) my May 12,
2009 letter to Southold Building Department, Supervisor Russell's June 10, 2008 letter, and the July 2,
2008 disapproval; (o) my clients' consent for me to act on their behalf; and (p) 6/3/2009 letter from
Stanley J. Isaksen, Jr. regarding square footage of subject and adjacent parcels. Finally, enclosed is my
check #7094 in the amount of $150.00 for the filing fee.
Encls.
CC~
Respectfully submitted,
Deborah Doty
Robert A. Lewis & Barbara Lewis
Southold Building Department (w/application only)
DD:bdr
BY HAND
DEBORAH DOTY
ATTORNEY AT LAW
670 WEST CREEK AVENUE
P.O. Box 1181
CUTCI-IOGUE, NY 11935-0876
FAX 631-734-7702
631-734-6648
May 12, 2009
gAY 12 2009
It[1~.
Michael Verity
Southold Town Building Department
Town Hall
Main Road
Southold, NY 11971
RE: Robert A. Lewis & Barbara Lewis
700 West Cove Road, Cutchogue, NY (SCTM # 1000-111-2-10)
Dear Mike:
Enclosed please find a new Application for Building Permit. Also enclosed are copies
of (a) the property card, (b) the current deed to the premises dated 1971 and reflecting, among
other things, the 1922 creation of Nassau Point lots, (c) the tax map, (d) the survey, and (e) a
single and separate search prepared by Chicago Title Insurance Company insuring the Town in
the amount of $25,000.00.
As you will recall, an Application was submitted in June 2008 together with check
#6718 in the amount of $50.00. Although copies are in your file, enclosed for your
convenience are copies of the check and Supervisor Russell's June 10, 2008 letter. The
Building Department issued a Notice of Disapproval dated July 2, 2008.
If you have any questions, I will be happy to talk with you about this enclosed
application.
Very truly yours,
Deborah Doty
cc: Robert A. Lewis & Barbara Lewis
Encls.
DD:bdr
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY' 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. n orthfork, net/Southold/
Examined , 20__
Approved_ ,20~__
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health__
4 sets of Building Plans
planmug Board approval_ __
Sl.lrvey_
Check __
Seplin
N.Y.S.D.E.C._
Trustees
Contact:
Mailto:. Deborah Dory, Esq.
POB 1181, Cutchouge, NY 11935
Phone: 631-734-6648
Building Inspector
APPLICATION FOR BUILDING PERMIT
May 11 ,20?9
Date
INSTRUCTIONS
a. This application MUST be completely filled ha by typewriter or m hdc mid submitted to rile Building Inspector with 3
se s ol'plans, accttrate plot plan to scale. Fee accordfl~g to schedule.
b. Plot plan showing location of lot and ofbuildh~gs on prelnises, relationship to adjoining premises or public streets or
areas, and watenvays.
c. The work covered by fltis applicatioo may not be conunenced be£ore issumme of Buildhtg Permit
d. Upon approval of tiffs application, the Buildhlg hlspector will issae a Btfild/ng Permit to the applicant Such a permil
shall be kept on rile premises available for htspection tlucoughout rile work.
e. No bailding shall be occapied or used in whole or/al part for m~y pttrpose what so ever until the Buildiog Inspector
issues a Cerlificate of Occupmtcy.
f. Every bnilding permit shall expire if the work anthorized has not conunenced witkin 12 months after the date of
issaaoce or has not been completed with-hr 18 monflas from snch date. If no zoning mnendments or off,er regnalations affecling the
property have been enacted ha rile interfln, file Buildhag Inspector may authorize, m wri~g, rile extension of rile permit for all
addition six lnonflm Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to rile Btfildfllg Department for file issum~ce of a Building Penait pursuant ~o the
Bnilding Zone Ordinance of the Town of Southold, Suffolk Cotmty, New York, mhd other applicable Laws, Ordinances or
Regnlations, for the constmctioa ofbaildiugs, addMons, or alterations or for removal or demolition as hereill described. The
applicant agrees to comply with all applicable laws, ordinances, building code, houshtg code, and reg~flations, and to achnit
authorized inspectors on premises mid ill buildhlg for necessary fltspecfions.
(S~gnature of applicant or name ~fa coqloratlon)
Dory, P0B 1181, Cutchogue, NY 11935
(Mailing' address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrici~, plumber or builder
attorney for owners
Robert A. Lewis & Barbara Lewis
Name o f ot~a~er of prenfises
(As on the trax roll or latest deed)
If applicant is a corporation, sigmature of duly authorized officer
(Name mid title of corporate officer)
Builders License No.
PI umbers License No.
Electricim~s License No.
Other Trade's License No.
Location of land on which proposed work will be done:
700 West Cove Road, Cutchogue
House Nulnber Street
County Tax Map No. 1000 Section 111
Subdivision
Hamlet
Block 2
Filed Map No.
a E~i~/ing u~a ~nd occupancy ' '
b. h~tended use and occupancy_ vacant residential
3. Natm-e of work (check which applicable): New Building.
Repair _ Removal Demolition__
Fee
4. Estimated Cost
5. if dwelling, number of dwelling units
If garage, number of cars
Addition_
Other Work
Alteration
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
conunercial or mixed occupancy, specify nature trod extent of each type of nse.
Depth _
6, If business,
7 Dimensions of existing structures, if any: Front Rear
Height Number of Stodes
Dimensions of same structure with alterations or additions: Front
Depth___ Height Number of Stories.
8 Dimensions of entire new construction: Front.
Height Number of Stories
78+ Rear
Name of Former Owner
.Depth_ 229+
Ruth R. McAdams
9 Size of lot: Fron[
10 Date of Pu~chase_
Rear.
Deptla
5/15/7
R-40
1 I Zone or use distnct in which premises are situated
12 Does proposed construction violate any zoning law, ordinance or regulation? YES___ NO_
13 Will lot be re-graded? YES_ NO Will excess fill be removed from premises? YES_ NO_
14. Names of Ox~mr of premises .Address Phone No.
Name of Archilect Address_ Phone No
Address Phone No.
Nanae of Contractor
15 a. Is this property within 100 feet of a tidal wedand or a freshwater wetland? *YES_ NO _-- * IF' YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE pdEQUIRED.
b. Is this properly within 300 feet of a tidal wetland? * YES __ NO
* 1F YES, D.E.C PERMITS MAY BE REQUIRED.
16 Provide survey, to scale, with accurate foundation plan and distances to prope~V lines.
17.1£ elevation at any point on property is at 10 feet or below, must provide topographical data on snrvey.
STATE OF NEW YORK)
SS:
COUNTY OF SllV¥OI~
DEBORAH~ DOTY being duly sworn, deposes and says that (s)he is fl>e applicant
(Nmne of individual sigmmg contract) above atoned,
(S))~isthe attorney
(Contractor, Agent, Coq>orate Officer, etc.)
o£said owner or owners, mxd is duly antborized to perfonn or have performed fire said work and to make m~d file this app celica
that all statements contained in tiffs ap licafion are tree to the best of~lowledge m~d belief; and dmt file work will be
perlbnned iix fl~e rammer set forth it> thPd application filed flxerewith, u=,
Sworn tQ before me this
[.['~,~-~ day of May 20 09
BONNIE W. MA;"~FERRO
Not~;y.~blic, State of N~w Yo~
~o. 01MA466761~
Qualifi.~l in Suffolk Count~ ..
Connnj~ion L~oires August 3h20~
NUMBER DATE TRANSACTION RATE MANUAL REFERENCE INSURANCE
0083-00765 APRIL 27, 2009 MTO MTG MTG $
FEE FEE FEE $
Title Vested In: MUN. DEPT. SEARCHES:
ROBERT A. LEWIS AND BARBARA LEWIS, BEING MARRIED TO EACH OTHER
Insured, Fee:
Insured, Mtg:
SURVEY INSrRUCTIONS:
Delivery: 1 TO 1
PREMISES County:. SUFFOLK State: ~ YORK
Dist: 1000 Sec: 111.00 Blk: 02.00 Lot(s): 010. 000
Address: SOUTHOLD, NEW YORK
Remarks: BANK/CLIENT REQUIREMENTS:
Please be advised that CTIC has implemented a rate calculator for your convenience to enable you to calculate your title
insurance rates. The website can be accessed at http://nyrates, ctic. corn.
Mailing Date: Prior Insurer/ AMENDMENT DATES
APRIL 30, 2009 Prior Title Number
Closing Date:
,Applicant Number: 6266869-000
Applicant FEE(I) Tel: ( 631 ) 734- 6648
Fax: (631)734-7702
Very truly yours,
CATHARINE KING - 3308
Applicant MTG(2) Tel:
Fax:
410/Oi*R
DEBORAH DOTY, ESQ.
670 WEST CREEK AVENUE
P.O. BOX 1181
CUTCHOGUE, NEW YORK 11935
CHICAOO TITLE IN SU.bLA. NL;E t.;OMI'AN ¥
VARIANCE SEARCH
TITLE NO.: 0083-00765
COLrNTY OF SUFFOLK }
}ss
STATE OF NEW YORK }
THIS IS TO CERTIFY THAT ROBERT A. LEWIS AND BARBARA LEWIS ARE THE
OWNER(S) OF RECORD OF PREMISES KNOWN AS:
DIST. 1000 SEC. 111.00 BLOCK 02.00 LOT 010.000
THAT THEY ACQUIRED TITLE THERETO BY DEED DATED 5/15/71, RECORDED IN
LIBER 6933 CP 184 ON 5/19/71; THAT WE HAVE MADE A SHARCH OF THE RECORDS OF
THE SUFFOLK COUNTY CLERK AN-D/OR REGISTRAR'S OFFICE, AND THAT SAID SEARCH
SHOWS THAT NEITHER THE SAID OWNER NOR ANY PREDECESSOR IN TITLE OF THE SAID
PREMISES OWNED CONTIGUOUS PROPERTY AT ANY TIME SINCE 5/15/71 EXCEPT AS
FOLLOWS:
PREMISES ON NORTH
THAT THE APPLICANT HEREIN DOES NOT OWN ANY CONTIGUOUS PROPERTY EXCEPT
AS FOLLOWS:
NONE
THIS CERTIFICATION IS MADE WITH THE INTENTION OF THE RELIANCE THEREON
BY THE BOARD OF APPEALS AND/OR BUILDING DEPARTMENT OF THE TOWN OF SOUTHOLD.
THE LIMIT OF LIABILTY UNDER THIS CERTIFICATE, FOR ANY REASON
WHATSOEVER, WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED
$25,000.00, AND SHALL BE CONFINED TO THE APPLICANT TO WHOM THIS CERTIFICATE
IS ADDRESSED, OR THE COUNTY OF SUFFOLK.
SWORN TO BEFORE ME THIS
1ST DAY OF MAY, 2009
NOTARY PUBLIC, SUFFOLK COUNTY, NY
'I'OMSON S. SHEH
Notary Public, State Of New York
No. 52-8627510 Suffo k Cou.rtty
Commission Expires August 31, _~::,
CHICAGO TITLE INSURANCE COMPANY
RINE J. KING[
(631) 284-2433
JUhl 1 6 2009
TITLE NO.: 0083-00765
VARIANCE SEARCH (Continued)
SUBJECT PREMISES: DIST. 1000 SEC. 111.00 BLOCK 02.00 LOT 010.000
DEED
RUTH R. MC ADAMS
TO
ROBERT A. LEWIS AND
BARBARA LEWIS, HIS WIFE
DATED: 5/15/71
RECORDED: 5/19/71
LIBER 6933 PAGE 184
(PREMISES AND MORE)
LAST OWNER OF RECORD
PREMISES ON NORTH: DIST. 1000 SEC. 111.00
DEED
RUTH R. MC ADAMS
TO
ROBERT A. LEWIS AND
BARBARA LEWIS, HIS WIFE
DATED: 5/15/71
RECORDED: 5/19/71
LIBER 6933 PAGE 184
(PREMISES AND MORE)
LAST OWNER OF RECORD
BLOCK 02.00
LOT 009.000
PREMISES ON EAST:
WEST COVE ROAD
PREMISES ON SOUTH: DIST. 1000 SEC. 111.00 BLOCK 02.00
DEED
WALTER L. SALMON
TO
RAJEAN M. CODISH SALMON
DATED: 2/25/63
RECORDED: 3/7/63
LIBER 5316 PAGE 132
*** CONTINUED ***
LOT 011.000
TITLE NO.: 0083-00765
VARIANCE SEARCH (Continued)
DEED
REJEAN M. CODISH SALMON
TO
JOHN F. O'GRADY AND
MARILYN F. O'GRADY, HIS WIFE
DATED: 8/6/87
RECORDED: 8/26/87
LIBER 10403 PAGE 132
LAST OWNER OF RECORD
PREMISES ON WEST:
HORSESHOE COVE
ROBERT A. LEWIS & BARBARA LEWIS
120 East 89th Street, #4D
New York, NY 10128
April a~' , 2009
We, Robert A. Lewis & Barbara Lewis, hereby authorize Deborah Doty, Esq. to sign
all applications to the Town of Southold and/or other governmental authorities in connection
with building permits, certificates of occupancy, variances, and/or waivers of merger with
respect to the property located at 700 West Cove Road, Cutchogue, NY (SCTM # 1000q 11-2-
10) and 600 West Cove Road, Cutchogue, NY (SCTM # 1000-111-2-9).
Barbara Lewis
$C0~ A~ RU~ ~5~2LL
OFFICE OF 'A'I~ SU-P~RVISOll
TOWN OF $OUTI-IOLD
Tovax l-iai!. S$095
P.O. Bm~
$outhold, N~' York Il 971-0959
Telephon~ ,~681) 76,%1859
2008
Dr. sad Ma. Robert Lewis
120 E, $9~ S~reml
Now York, ~ 10023
Dear Dr, and Mrs. lewis:
I bare rcvi. ewed you{ propccti~s identified as SCTM ~1000.11 i-2-9 and SCTM #1000-111 2.-
10 ~d have detenuin~ ~at the va~t p~l (Lot I (,) ta~ not merged ~ 5~ ~iden~ [
p~eel.
The lot molge~ law requires tkat nonconforming lots merge with ~y configxtou$ lot thai t~[
b~m h,la i~ common owuar~hip since J~me 10, 1983. However, th. is law prox'ides ~ecial
guidelines md exc,.ptiot,,s m the merger issue. Most importantly, the merger la~ mq~iros
merger of the parcels *.o the bulk schedule mquimmoni up to the first aci-~. Your vacant p~x..;el
would Uo~ m¢rge uad. er this requlremml because )'oar principle parcel/.s over one acre (1.04
~{.1. Iii addition, the bulk schudule on Nassau Point is only one ac?, not thu ~wo {~¢ro$
predomiraut througheut Soulhold Town.
Furthe% under ~¢ li~t of ps.reels exempt from this law are parcel~ one acre in size or l~or
Ultimat~lb as I had advis~ you to order a "single and separate" seazch hy auy title compm,y on
yota vacant prope~, m v~if'y.' this information. This s~arch would be a requirement of the
Building Departmmt for ally building permit~ for uhar si~e ~nd is money well spent for briu_~,ug
y~u perac~ o£ mind.
I hope this information is helpful.
3 June 2009
To whom it may concern:
At the request of Ms. Deborah Doty, an attorney with an office in Cutchogue, N.Y., the
following information is submitted:
A request was made to determine the land area of property located on Nassau Point,
Cutchogue of part of lot 277, lot 278, and lot 279 in Amended Map A of Nassau Point,
File Map 156, filed June 28, 1922.
It is to be specifically understood that the information provided by me is based entirely on
a property survey as prepared by Roderick Van Tuyl and dated March 25, 1971 which
refers to the above paragraph.
Based on said survey, the total area of part of lot 277 and lot 278 and represented as tax
map 1000-111-02-009 is 39,397 s.f..
The land area of lot 279, and represented as tax map 1000-111-02-010, based on this
survey was found to be 21,264 s.f.
Copies of this document not
bearing the Land Surveyors
embossed seal shall not be
true and valid original.
09R1728
Stanley J. Isaksen, Jr.
P.O. Box 294
New Suffolk, N.Y. 11956
'~'New Yo
License Number 49273
Land Surveyor
OFFICE ADDRESS;
5~095 ROUTE 2~ . pO BOX 1409
SOUTPIOLD, NY 11971-0499
473889 111.-2-9
600 W Cove Rd
334,151,254 2,285,834
1.04
13 13810
210 I Family Res
Lewis Robert A
Lewis Barbara
120 E 89th St
New York. NY 10028
12/04/08 4,300 10,100
Lewis, Robert A
First Haff: 13804 $5,676,42 1/7/08
Second Half: 13804 $5,676,42 5/21/08 10,100
LEVY % TAXABLE VALUE
Mattituck School
Cutchogue Library
Suffolk Courtly Tax
Southold Town Tax
66.21% 10100 ; 756.717
5.92% 10;1(30
10,100
10,100
10,100
NYS Real Prop TaxLaw
Cutchogue FD
CutchoNew Buff Park
Waste Water District
Solid Waste District
0.40%
3.97%
0.65%
0.00%
1.25%
4.614 13.80%
45.419 -36.50%
7,465 0.00%
i:: $8!60%
14.240 0.00%
961,905
7,642.84
682.74
8,325.58
2,333.66
46.60
458,73
75.40
0.46
143.82
SECOND HALF - SOUTHOLD TAX LEVY ' 2008-2009
DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS
FOR PAYMENT OF TOTAL TAXi MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN,
RECEIVER OF TAXES AND WRITE RILL NO. AND TAX MAP NO. ON FACE OF THE CHECK.
PAID BY: [] ASSESSED [] OTHER
SUFFOLKCOUNTYTAXMAPNUMBER
473889 111.-2-9
5,771,25
13810
Lewis Robed A
The following bank branches located within the Town of Southold accept payments during regular business hours:
Bridgehampton National Bank, Bank of America Capital One Suffolk County National Bank.
4738890000000111 XZ2Z9013810080000000000577125011542507
FIRST HALF ~ SOUTHOLD TAX LEVY ° 2008-2009
DETACH STUB FOR F~RST HALF PAYMENT - RETURN BOTH STUES FOR
PAYMENT OF TOTAL TAX~ MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN,
RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK.
Lewis Robed A
SUFFOLK COUNTY TAX MAP NUMBER
473889 111.-2-9
AMOUNT DUE BILL NO.
FULL PAYMENT [] $ tt,542.50
( NCLUDE BOTH STUBS
The following bank branches located within the Town of Southold accept payments during regular business hours:
Br doehampton National Bank, Bank of America, Capital One, Suffolk County National Bank.
4738890000000111XZ2Z9013810080057712500000000011542507
TOWN OF SOUTHOLD
473889 111.-2-10
COUNTY TREASURER'S NOTICE
ON REVERSE SIDE
13 13811
700 W Cove Rd
334,151,254 2,285,834
310 Res vac land
Lewis Robert A
Lewis Barbara
120 E 89th St
New York. NY 10028
First Half: 13805 $1,405.05
Second Half: 13805 $1,405.05
I LEVY DESCRIPTION LEVY %
Mattituck School 66.21%
Cutchogue Library 5.92%
Suffolk County Tax
Southold Town Tax 20.22%
12/04/08 2,500 2,500
Lewis, Robert A
1/7/06 I A~SE~ED VALUE IH~ RATIO 100% OF FtJLL VALUE
5/21/08 2,500 W H 1.05% OF frS: 238,095
TAXABLE VALUE [ ~T~ifi~ [ ~T~F~R r
2,500 ~7:598 3.70% 169.00
2,600":'
NYS Real Prop TaxLaw 0,40% 2,500 4.614
Cutchogue FD 3.97% 2,500 45,419
Cutch-New Surf Park 0.65% 2~500 ~ 7A65
Waste Water District 0.00% ~;~6~ :.04~
Solid Waste Distdct 1.25% 2,500 14.240
FIRST HALF TAX 1,428.53
11.10%
13,80%
-36.50%
0,00%
0.00%
577.64
11.54
113.55
18.66
0.12
35.60
2.060.79
39.17
COND HALF TAX 1,428.54 I TOTAL TAX LEVY · 2,857.07
SECOND HALF ~ SOUTHOLD TAX LEVY ° 2008-2009
DETACH STUB AND RETURN WITH SECOND HALF PAYMENT - RE'RJRN BOTH STUBS
FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN,
RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK.
[ p^,o BY, [] ^SSESSEO [] OTH~. I
SUFFOLK COUNTY TAX MAP NUMBER
473889 111.-2-10
Lewis Robert A
The following bank branches located within the Town of Southold accept payments during regular business hours:
Bddpehamp on National Bank, Sank of America, Capital One, Suffolk County National Bank.
473889000000111XZ2Z10013811080000000000142854002857074
FIRST HALF - SOUTHOLD TAX LEVY ° 2008-2009
DETACH STUB FOR FIRST HALF PAYMENT ~ RETURN BO1~4 STUBS FOR
PAYMENT OF TOTAL TAX~ MAKE CHECK PAYABLE TO GEORGE R. BULUVAN,
RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK.
[ .^,o nv: [] ABSESSEO [] OTHE. J
Lewis Robert A
SUFFOLK COUNTY TAX MAP NUMBER
473889 111.-2-10
AMOUNT DUE BILL NO.
1,428.53 I 13811
FULL PAYMENT [] l$ 2,857.07 [
(INCLUDE BOTH STUBS)
The following bank branches located within the Town of Southold accept payments during regular business hours:
Bridpehamp on Na onal Bank, Bank of America, Capital One, Suffolk Couniy National Bank,
473889000000111 XZ2Z10013811080014285300000000002857079
I
~F~ ANNIE ~C AI~d. IS residing at NO. 91U Alberfnarie Road
~I~, e~t .~ ~,~ ~ ~J mc ~st pa, t. £n ¢~.sld~tio~ ~t ~r:~ hundred
bi[ That certain lot, ~ieoe or parcel of land, with the building
N~eau point or Little Eog Neck, Suffolk Couuty~ New 7ork, know~
and deelgnated ~e lot No. Two ~ndred ~nd ~eventy-etght (~78) on
Sune 1919" ~d filed or intended to be filed in the office of
ghe Clerk of Suffolk
extending fiftoen (18) feet in width mlong and ~bove h~ w~tor
t~o t~und~ed ~ud seventy-seven (~77) on mmp ont%%lo~ "Amondod ~p A
I.I~R'~'~, t ,~..~ ~',~lo) L~J
d~ted July ~0, 19~0, and recorded In the Suffolk Cozmty Olerk'.
Office In Llber 1005 of Deeds at page 554; and also by deed dated
in Llber 1057 O~ Deed~ at page 578
.RUTH f-1. h~CADAk'~B, r~sldlnE at Ilo. 916 Albermarle Rond~ Broo~L7 ,
, ~ y of
~itnesseil~, that t~ p*~ of tl~ firs* pa~, i~ o~sfl'~ra~io~* o/- -
T ~ :; ........... (i~zo.) lo, .
~,~fzd m~n~y of thz ~?zited ~S'ta~e~ and o~her good ~nd v~luabie
do~S h~reby ffr~t ~ rsl~s~ t*>dO lh~ pa,r~y of th~ s~cot~ p~rt,
~I[ that lot or parcel of land~ situate, z:,'ln~ and bein~
mated as lot tyro h~ndred ~evengy-nine (279) qn map en~it, led,
2.2(18 ·
1197
~*~cesxo~l ra~8~,ce o/ ~h~ t~lle fo Sa, lc]
[ /~ ........ / :
THIS INDEIqTURE. made the /Z>~ day of May . nineteen hundred and seventy-one.
RUTH R. McADAMS, residing at Broadwaters Road (no number),
Nassau Point. Cutchogue, Suffolk County, New York,
party of the fi[at part, arid ROBERT A. LEWIS and BARBARA LEWIS. his wife, both
residmgat 120 East 89th St[eel. New York, New York
party of thc second parc,
WITNF~S~ETH. that the pasty of the first part, in consideration m Ten Dollars and other valuable consideration
paid by the pacty of the second part, does hereby grant and release unto the party of the second part. the hmrs
or su¢cessor~ and assigns o{ the party of the second part forever,
.~LL that certain plot. p:ece or parcel of land. with the buildings and improvmnents thereon erected mtuate,
lying and being iR~lx~ au Nassau Point, Town of Southold, County of Suffolk and State
of New York, being part of Lot 277 and ail of lots 278 and 279, as shovm on
Arncnded Map A of Nassau Point, ~'iI~d in the Office of the Clerk of the County
of Suffolk on August 16~ 1922 as Map No. 156, being bounded and described as
foilows:
BEGINNING at a pmnl on the westerly side of West Cove Road [Northwest
Loop) where the same is intersected by the northerly side of Lot 280 on said
map; runnmg [hence South 77 degrees 23 m~nums 20 seconds West along the
northerly side o~ said lot No, 280 228 feet rd the high water mark of Horse-
shoe Cove; thence along said high wa[er mark, (1) North 33 degrees 41
mmmes 20 seconds West 155. 76 feet and [2) North 44 degrees 0~ minutes
30 seconds West. 97. 31 feet: ~hence North 83 degrees 38 minutes 20 seconds
East, along land now or formerly of Myra B. R. CornwelL 359 feet [o the
westerly side of West Cove Roa~, and thence along the westerly side of West
Cove Road on the fotlowingtie lines, {1) South 19 degrees 53 minutes i0
seconds East, 33. 76 feet, (2~ South 11 degrees 34 minutes 30'seconds Emsl
81.88 feet and (3) South 5 degrees ~9 minutes O0 seconds West, 78. I5 feet
~o the pom~ or place of beginning.
TOGETHER with ali of the right, utm and interest, if any. of the par[y of
the JJ2-st pBrk U~ and to the waters and lands under the wa~ers of Horseshoe
Cove adjacent to t~e-~bove dese'ribe8 pr'cruises;
SUBJECT to covenants restrictions and easemen[s of record,
T( GETIIER with all right, title and interest, ii any, of ute party o£ tile first part in and to any streets and
Ruth'R. MgAdams
STATE OF NEW YORK, COUNTY OF ~: STATE OF NEW YORK. COUNTy OF ss:
On the day of 19 . before me On the day o~ I9 before me
personally came
to me knol~m, who, being by me duly sworn did depose and thc subscribing witness to the foregomg instrumen ' h
say that he resides at No. whom I am personally acquainted, ~vho, be ng by me duly
r~I.£No, 7I-S-00806 Chi,ago Ti~£c Ins. Co
RUTH R. McADAMS
TO
ROBERT A.. LEWIS and
BARBARA LEWIS
Joseph J. SneHenbirg Esq.
Main Rc zd
Southold, New York 11971
'/I- 3- 00 ~0 (,,
THIS MORTGAGF., made the /'..1~ day of May , nineteen hundred ~.nd seventy-one.
BETWEEN ROBERT A. LEWIS, and BARBARA LEWIS, his wife, both residing at
120 East 99th Street, New York, New York
and RUTH R. McADAMS, residing at Broadwaters Road (no number), Nassau
Point, Cutchogue, Suffolk County, New York
WITNF~SETH, that to secure the payment of an indebtedness in the sum of FIFTY-NINE
THOUSAND AND NO/100 ($59, 000.00) ................................ dollars,
1
according to a certain bond,
note or obligation bearing even (late herewith, the mortgag'or hcrchy mortgages to the mortgagee
ALL that certain ploti piece or parcel of land, with the buildings and improvements tl~ereon erected, situate,
lying and being ima_,h~x at Nassau Point, Town of Southotd, County of Suffoik and State
of NewYork, being part of Lot 277 andatlof Lots 278 and 279, as shown on
Amended Map A of Nassau Point, filed in the Office of the Clerk of the County of
Suffolk on August 16, 1922, as Map No. 156, being bounded and described as
follows:
BEGINNING at a point on the westerly side of West Cove Road (Northwest Loop)
where the same is [ntersected by the northerly side of Lot 280 on said map; running
thence South 77 degrees 23 minutes 20 seconds West along the northerly side of said
lot 280~ 228 feet to the high water mark of Horseshoe Cove; thence along said high
water mark, (1) North 33 degrees 41 minutes 20 seconds West, 155.76 feet and (2)
North 44 degrees 09 minutes 30 seconds West, 97.31 feet; thence North 83 degrees
38 minutes 20 seconds East, along land now or formerly of Myra B. R. Cornweti,
359 feet to the westerly side of West Cove Road; and thence along the westerly side
of West Cove Road on the following tic lines, (1) South 19 degrees 53 minutes 00
seconds East; 33.76 feet, (2) South 11 degrees 34 minutes 30 seconds East 81.88
feet, and (3) South 5 degrees 39 minutes 00 seconds West 78.15 feet to the point
or place of beginning.
TOGETHER with att of the right, title and interest, if any, of the mortgagors in
and to the waters and rands under the waters of Horeeshoe Cove adjacent to the
above described premises.
BEING and intended to be the same premises conveyed to the mortgagors by the
mortgagee by deed executed and delivered and intended to be recorded simultan-
eously herewith, this being a purchase money mortgage to secure a portion of the
the purchase price, or consideration for which the said conveyance was made.
TOGETHER with alt rigln title and interest of the mortgagor in and to the land lying in the streets sad'
roads in front of and adjoining said premises:
TOGETHER with all fixtures, chattels and articles ol personal,property now or hereafter attached to or used.
in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and
p~pmg, coal ~tokers, plumbing and hathroom fixtures, refrigeration, air conditioning and sprinkler systems,
wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, clevators, motors.
dynamos refrigerators, kitchen cabinets ncinerators, plants anti shrubbery and all other equipment and
macmnery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing
on said premises, toffetber with any and all replacements thereof and additions thereto:
TOGETFIFe. R with all awards heretofore and hereafter made to the mortgagor for taking by eminent domain
the whole or any part of said premises or any easement therein, including any awards for changes of grade of
streets, which said awards are hereby assigned to the mortgagee, who is hereby authorized to collect and re-
ceive the proceeds of such awards and to g~ve proper receipts and &eqmttances theretnr, and to apply the
same toward the payment of the inongage debt. notwithstanding the fact that the amount owing thereon may
not then be due and payable and the said mortgagor hereby agrees, upon request, to make. execute and
debver any and all asm~mnent~ and other instruments sufficient for thc purpose of assigning said axvards to
the mortgagee, free. clear and discharged ol any cncumbrance~ of any kind or nature whatsoever,
AhlD the mortgagor covenants with the mortgagee as follows:
1. That the mortgagor will pay the indebtedness as hereinbefore provided.
2. That the mortgagor will keep the buildings on the premises ;nsured against logs by fire for the benefit
of the mortgagee: that he will assign and deliver the policies to the mortgagee; and that he will reimburse Oe
mortgagee for any premiums paid for insurance made by the mortgagee on the mortgagor's default in so insur-
ing the buildings or in so as~ignlng and delivering the policies.
3. That no building on the premises shall be altered, removed or demolished without the consent of the
4 That the whole o~ said principal sum and interest shall become due at the option of the mortgagee: after
default in the payment of any instalment of principal or of interest for fifteen days: or after default in the pay-
fault after notice and demand either in assigning and delivering tht~ policies insuring the buildings against loss
by fire or in reimbursing the mortgagee for premiums paid on such insurance as hereinbefore provided: or
after default upon request in furnishing a statement of the amount due on the mortgage and whether any off-
sets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made
payable in instalments at tbe appficatlon of the mortgagor or lessee ot the premises shall nevertheless, for the
purpose of this paragraph, be deemed due and payable in/ts entirety on the day the first instalment becomes
due or payable or a lien,
5 That the holder of thi~ mortgage, m any action to foreclose it. shall be endtled to the appointment of a
6 That the mortgagor will pay all tv. xes assessments, sewer rents or water tales, and in default thereof,
tbe mortgagee may pay the smme
7. That the mortgagor within five days upon request in person or within rea days upon request by mall
will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any off-
set~ or defenses ex/st against the mortgage deft.
8 That nodce and demand or request may be in writing and may be served in person or by mail.
9 That the mortgagor warrants the title to the premises.
I0 That the fire insurance policies required by paragraph No. 5, above shall co~italn the umal extended cover-
age endorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep
the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee.
All of the provisions of paragraphs No, 2 and No. 4 above relating to fire insurance and the provision~ of
Section 254 of the Real Property Law con~tralng the same shall apply to the additional insurance required by
this paragraph.
11. That in case of a foreclosure sale, said premises, or so much thereof as may be ~/ffecte~l hy this mort-
gage, may be sold in one parcel.
12 That if any action or proceeding be commenced texcept an action to foreclose this mong~e or to eotlect
the debt secured thereby), to which action or proceeding the mortgagee is made a party, or in which it becomes
necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of
any litigation to prosecute or defend the rights and lien created by this mortgage [including re~-~onabhi coun-
sel feesl, shall be paid by the mortgagor, together w~th interest thereon at the rate of six per cent. per anntma.
and any such s~tm and the interest thereon shall be a lien on said premmes, prior to any right, or title to.
interest in or claim upon said premises a[tachiag or accruing subsequent to the lien of this mortgage, and
shall be deemed to be secured by this mortgage. In any action or proceeding ~o foreclose this raortgaga, or t~
-ecover or collect the debt secured thereby, the provisions of law respecting th~ recovering of costs, dlshur~
t3. That the mortgagor hereby assigns to the mortgagee~ he rents issues an ·
security for the pa3. ment of sa d indeb d profits of the prem scs as further
' ' edness, and the mortgagor grants to e n ortgagee the rigl o enter
14. That the whole of said prlnclpa sum and the in r
(a) after failure to exhibit to the mortgagee within ~e-e~,s,-ha}lr~ec°'me du, e at th.e option .of the mortgagee:
meat claiming jurisdic on over the premises within firee months from t
application of the mort a . . he isstiance thereof; or !f~ if on
zorK remse to issue po]ieiea insuring the buildlngs on the premises; m Ig) in the event of the removal, dem-
ofition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property
covered hereby, unless the same are promptly replaced by similar fixtures, chattels and articles of personal
property at least equal in quality and condition to those repIaeed, free from chattel mortgages or other en-
cumbrances thereon and free from any reservatior uf title thereto: or (h) after thirty days' notice to the
mortgagor, in the er/mt of the passage of any law deducting from the value of land for lhe purposes of taxation
any fien thereon, or changing in any way the taxa on of mortgages or debts se
purposes: or (i) if he mortga~'or tails to keen At .... cured thereby for state or local
agreements contained in this mortgage.
15. That the mortgagor wilI, in comp iance with Section 13 of the Lien Law, receive the adwanees secured
hereby and will hold the right to recelve such advances as a trust fund to be applied first for the purpose of
paying the cost of the improvement and will apply the same first to the payment of the cost of the reprove-
merit before using any part of the total of the same for an) other purpose
16. The premises are cmproved or will be improved with a one or two family
dwelIing or residence onIy.
17. In the event that the mortagors shaft make ~ bona fide sate of at[ or a portion
of Lot No. 279. the mortgagee agrees to release the portion of said rot so smd
from the lien of this mortgage upon [he payment to the mor, gagee of the ~11£1
amount of such sates price. In the event of any prepayment pursuant to this
paragraph the monthly mortgage payment schedule shall be amended to reflect
such payment
18. The mortgagors shall have the right to prepray the principal sum hereby
secured, in whole or in part, ah any time without penally.
This mortgage may not be changed or terminated orally. The covenants contained in this mortgage shall
run with the land and bind the mortgagor, he heirs, personal representatives, successors a '
mortgagor apd all subsequent owners, encumbrancers, tenants and sub e . nd assigns of the
to the benefit of the mortgagee, the personal representatives successo~ naars of.the premtses, and shag enure
IN WITN~-q$ WHEREOF, this mortgage has been duly execut the mortgagor.
~ or~ert A. ~ewis
STATE 0~: NEW YORK. COUNTY OF
On the/'~/~'/ day of 5/lay
personally came
ROBERT r.. LEWIS and B~RBARA LEWIS
to me known to be the individuals described in and who
executed the foregoing instrument, and acknowledged [hat
~hey executed the same.
Notary Public
On the day of 19 . before me
. the comomtion des~ibe~
to me known m be the individual described in and who
executed the foregoing instrument, and acknowledged that
· executed the same.
STATE O1~ NI[W YORK, COUNTY OF ss:
On the day of 19 , before me
personally carae
the subscribing witness to the foregoing instrument with
whom I am personally acquainted, who, being hy me duly
sworn, did depose and say that be resides at
that he lmows
in and which executed the foregoing instrument; that he to he the individual
knows the seal ol said corporauoni that the seal .affixed described in and who executed the foregoing instrument:
to said instrument ~ sucn corporate seal; that it was so that he, said subscribing.witness, was present and saw
affixed by order of the board of directors of said corpoM- execute the same; and that he. said witness,
non, and thai he signed h name thereto by llke order at the stone time subscribed h name as witness thereto,
r[TLENO 71-S-00806 Chicago T~tle Ins. Co,
ROBERT A. LEWIS and
BARBARA LEWIS
RUTH R. McADAMS
I
TIlE ~PI--I~E. GUARA~yYTffE C031PAAcY
~ ~ome .~tle DMslo,-
SECT[ON O. hlcaao Titm Insursne, e gonlpal"l~
Robert W. Tasker, Esq.
425 Main Street
Greenporr. New York 11944
TOWN QF SOUTHOLD ~OPERTY RECORD CARD
OWNER
FORMER OWNER
STRE~'-7'~ C~
N
SEAS. FARM
RES. & /
LAND
IMP.
TOTAL
DATE
VILLAGE DISTRICT SUB.
ACREAGE
W TYPE OF BUILD NG
LOT ~ -~.~F
Toro i
House Plot
Brushland
Tillable 2
Tillable 3
Woodland
Swampland
Value Per Acre
Value
Acre
Tillable 1
Farm
',. AGE BUILDING CONDITION
.EW NORMAL BELOW
OWNER
FORMER OWNER
LAND
N
Form
Till~b. le 1
Tillable 2
Tillable, 3
Woodland
Swampland
Brushla~d'
House Plot~'''
Total
SEAS.
IMP.
NORMAL
VL.
TOTAL
FARM
DATE
BUILDING cONDITION
ABOVE
BELOW
Value Per Acre
Acre Value
DISTRICT SUB.
ACREAGE
W TYPE OF BUILDING
COMA4. IND. CB. I MISC.
;l~c)~-' ,,.~ ~ ~,~, , ~..,~ ,.~.~.
Basement ?W ~'¢-' Floors
Fire Place / Hem
Porch Attic
Porch Rooms 1st Floor
P~tio ~.~ p- ~ Rooms 2nd Floor
TOWN OF SOUTHOLD PROPERTY RECORD CARD
- /11 2 ~ ~. (
OWNER STREET ,~' '~l , VILLAGE DIST. ' SUB.
F~ER ~NER N E ACR.
5 W ~PE OF BUILDING
R~ ~ I S~S. VL. FARM CO~. CB. MICS. Mkt. Value
'illabl~ FRONTAGE ON WATER
V~la~ FRONTAGE ON ROAD
~ DEPTH
I~ Pl~ BULKH~D
'oral
TOWN OF SOUTHOI~DF PR'O~iERTY RECORD
OWNER STREET VILLAGE DIST. SUB.
FORMER OWNER N E ACR.
/,i~
S W ~PE OF BUILDING
R~ ~ S~S. YE. FARM CO~. CB. MICS. Mkt. Value
~ND IMP. TOTAL DATE RE~RKS/~/~Z ~/~ ~
/ z ,1'-I .' '
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre M~lue Per M~lue
Acre
Tillable FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
Meadowland DEPTH
House Plot BULKH~D
Total DOCK
TRIM
111.-2-8.1 2~08
Extension
Porch
Garage
Patio
0 B ~c
Total
/S'al
=/go
3. 50 7~ ?
J?oT-
<_C'afl '
~,1 o~
7..O0
~=oundation
Ext. Walls
Fire Place
Type Roof
I Recreation Room
Bath
FJoors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
Driveway
Dinette
DR.
BR.
FIN. B
OWNER
i STREET __ -- VILLAGE
JDISTRICT
- F~O,RM~R OWNER I N
VILLAGE
RES. SEAS.
AGE
NEW
Farm
1
Tillable 2
Tillable 3
Woadland
Swampland
B.rushlan~,'
House Plot
T c"~'1
IMP.
VL. FARM
NORMAL BELOW
Acre Value Per Acre
TYPE OF BUILDING
BUILDING CONDITION
ABOVE
Value
TOTAL
,:/.,,//.,/
111.-2-8.1 Garage/Apt 2~08
M. Bldg.
Extension
Extension
Extension
e reezewa
Garage
O?B.
Foundation
Basement
Ext. Walls
Fire Place
Patio
Driveway
Porch
Porch
Bath
Floors
Interior Finish
Hea~- (~,-/
Attic
Rooms 1st Floor
Rooms 2nd Floor
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete tiffs 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 dete~Tnination of consistency. *Except minor exempt actions inch,ding Building Permits
and other ministerial pe~nits not located withi~ 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 comained in the Town of Southold Local
Waterfi: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).
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 - 111 2 - 10
The Application has been submitted to (check appropriate response):
TownBoard 7q P, n,a Bo rdTq .i,d Dept. [] o rdo, Tra tees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital []
construction, platming activity, agency regulation, land transaction) []
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Confirm lot line on filed map #156 between map lots #279 and #278. That
lot line has been recognized by Town and County since the filing of the
map in 1922.
Location of action:
Site acreage:
700 West Cove Road. Cutchogue. NY
.596
Present land use: residential vacant land
Present zoning classification: R-40
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: Robert A. Lewis & Barbara Lewis
(b) Mailing address: c/o Deborah Doty, Esq., PO Box 1181, Cutchogue, NY 11935
(c) Telephone number: AreaCode ( )_ 631-734-6648
(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?_
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and
minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation
criteria.
~'~Yes [-~ No [] Not Applicable
Lot is consistent with development pattern on Nassau Point. This is the only vacant
remaining in the neighborhood.
Altach additional sheets if necessary
Poiicy T.~'ro~te~t-~n~l~reg6rve~iiftBri~--a~'~l-~cl~y~sburces b~fih-e oT6~n~S~uthold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No [] Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources thrOughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
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 LVCRP Section III
- Policies Pages 16 through 21 for evaluation criteria
~ Yes ~] No ~NotApplicable
At~ach 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_II~a~i~_a_t_s.__a_n__d_..~e_tl_a_n.._ds._Se_e- .[WRP~ ._Secti~on I~II_I- Polic~iesLP~ages 22
t~r ~h~h- ~-~-- ~ ~u a tio-n c~ ri a.
[]'Ye;' [] N; xp iicabie
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
~ Yes ~-] No [] Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
~-] Y~es [-~ No ~'~ Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes ~-~ 1No [] Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect
Southold's water-dependent uses and promote siting of new water-dependeut uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic 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
Created on 5/25/05 IJ:20 AM
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:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED: June 22, 2009
RE:
Zoning Appeal No 6317
Transmitted herewith is Zoning Appeals No 6317 OF Robert and Barbara Lewis .- the
Application to the Southold Town Zoning Board of Appeals Waiver to Unmerge Property. Also
enclosed is the Questionnaire, Lot Waiver Questionnaire Dated May 28, 2009, Short
Environmental Assessment Form, LWRP Consistency Assessment Form, Notice of Disapproval
Dated May 15, 2009, Notice of Disapproval Dated July 2, 2008, Variance Search (3 Pages),
Authorization letter from Robert and Barbara Lewis Authorizing Deborah Doty to represent
them in this matter Dated April 27, 2009, Letter from Deborah Doty to Michael Verity Dated
May 12th, 2009, Letter from Southold Town Supervisor Scott Russell to Robert and Barbara
Lewis Dated June l0th, 2008, Letter from Stanley J. Isaksen, Jr. Licensed Land Surveyor Dated
June 3~d, 2009, Letter from Deborah Doty to Southold Town Zoning Board of Appeals Dated
June 16th 2009, Letter from Deborah Doty to Linda Kowalski Dated June 16th, 2009, Property
Record Cards (5 Pages), Copy of Property Tax (2 Pages), Survey Dated March 25th, 2009, Copy
of Deed 2 Pages, Copy of Deed(4 Pages), Copy of Deed (1 Page), Copy of Deed (2 Pages).
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 06/19/09
* * * RECEIPT * * *
Receipt: 52109
Transaction(s):
1 1
Application Fees
Reference Subtotal
6317 $150.00
Cash
Total Paid: $150.00
Name:
Dob/, Deborah
Po Box 1181
Cutchogue, NY 11935
Clerk ID: MARIANNE Internal ID: 6317
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 1197170959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
January 4, 2010
Deborah Dory
Attorney at Law
P.O. Box 1181
Cutchogue, NY 11935
RE: Lewis ZBA File #6317
Dear Ms. Doty:
In response to your submission of the updated survey, it was determined by the
Board of Zoning Appeals to accept the survey, dated November 16, 2009 by Nathan Taft
Corwin, III, Land Surveyor, as required by the original Determination dated October 22,
2009.
Please keep this letter with the original Determination to show that the "subject to'"
condition was met.
Thank you.
DEBORAH DOTY
ATTORNEY AT LAW
670 WEST CREEK AVENUE
P.O. Box ll81
CUTCHOOU~ NY 11935-0876
F^x 631~734~7702
631-734-6648
DEC 2 2 2009
December 22, 2009
Southold Town Zoning Board of Appeals
53095 Main Road
PO Box 1179
Southold, NY 11971
RE:
Robert A. Lewis & Barbara Lewis
700 & 600 West Cove Road, Cutchogue, NY (SCTM # 1000-111-2-10 & 9)
Application for Waiver of Merger; Appl. #6317
Dear Members of the Board:
By Resolution dated October 22, 2009, the Board granted "the application for a waiver of
merger, as applied for, and subject to the applicant's filing with the ZBA an updated metes and bounds
survey with lot sizes within six (6) months of this determination and prior to issuance of a building
permit."
Enclosed please find an ori ~glll~al print of the survey prepared by Nathan Taft Corwin III Land
Surveyor dated November 16, 20095ZTheg~' Board's condition now has been me(.'¢'In order to avoid
future confusion, we request that, the Board issue an amended Resolution without the "subject to
clause. Thank you.
Respectfully submitted,
Deborah Dory
Encls.
cc: Robert A. Lewis & Barbara Lewis
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) 765-90~4
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, OCTOBER 1, 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, OCTOBER 1, 2009:
10:40 A.M. ROBERT and BARBARA LEWIS # 6317. Request for a Waiver to unmerge
+/- 21,264 square feet of land comprising Lot 279 on the 1922 amended Map A, Nassau Club
Properties (CTM 1000-111-2-10), from the remaining 39,397 square feet of land comprising
Lot 278 on a Map of Section C, Nassau Point Club Properties, Inc. and the southerly portion
of Lot 277 on an Amended Map A of Nassau Point (CTM 1006-111-2-9), based on the
Building Inspector's May 15, 2009 Notice of Disapproval which states that the subject lot
merged with the adjacent lot has been held in common ownership with the first lot at any
time after July 1, 1983, pursuant to Code Section 280-10. Location of Property: 600 and 700
West Cove Road, Nassau Point/Nassau Club Properties, Cutchogue.
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. The
above 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:
September 10, 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
MAILING A~RE$$ and PLACE OF HEARINGS: 53095 Main Read, Tewn Hall Building,
(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.noffiffork.net
September 1, 2009
Re: Town Code chapter 55 - Public Notices for Thursday, October 1, 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 September 14th
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~Farea 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 yoU~' ability, and to confirm how arrangements were made in either a written
statement, or durinq the hearinq, providing the returned letter to us as soon as possible;
AND not later than September 16th: Please either mail or deliver to our office your Affidavit of
Mailing (form enclo~sed) with parcel numbers, names and addresses noted, and furnish to
our office with th~ 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 schedUl'ed hearing. If any signature card is not returned, please advise the Board
during the hearing End provide the card (when available). These Will be kept in the permanent
record as proof of all Notices. ~'
2) Not Later September 22rd: Please make arrangements to place the enclosed Poster on a
signboard such asi,~ardboard, 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 mor~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 September 29, 2009.
If you are not able ~ meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperabon. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours, ~,
Zoning Appeals Board and Staff
Encls. ~
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...L week(s), successively, commencing on the
17th day of Seotember, 2009.
Sworn to before me this
Principal Clerk
day of 2009.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME: LEWIS, R. & B. # 6317
MAP #: 111-2-9 & 111-2-10
REQUEST: WAIVER OF MERGER FOR TWO
UNDERSIZED LOTS
DATE: THURS, OCT 1, 2009 10:40 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
BOARD OF APPEALS; TOWN OF SOUTHOLD
IN THE MATTER OF THE APPLICATION
OF
ROBERT A. LEWIS & BARBARA LEWIS
(Appl. #6317)
SCTM # 1000-111-2-10 & 1000-111-2-9
AFFIDAVIT
OF MAILING
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say that:
On the 11~ day of September, 2009, I personally mailed at the United States Post Office in
Cutchogue, 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.
DEBORAH DOTY
Sworn to before me this
/5~r~ay of September, 2009
l'46tary Pu'~lic ~
EXHIBIT A
1000-111-2-8.1
1000-111-2-11
1000-111-3-16
1000-111-3-17
Thomas R. Cornwell & Marian A. Comwell
631 Glen Ridge Road
Bridgewater, NJ 08807
John F. O'grady & Marilyn O'grady
99 Seventh Street, Apt. lA
Garden City, NY 11530
Karl Enselberg
1560 Royal Palm Way
Boca Raton, FL 33432
David R. Thiel & Eleanor T. Thiel
775 West Cove Road
Cutchogue, NY 11935
ir' Postage
Certified Fee
Return Receipt Fee
(Endomement Required)
Restricted Delivery Fee
(Endomement Required)
JJ
~ Total Postage & Fees
0935
Il
0911112009
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endomement Required)
Total Poskago & Fees
$0.44 O~J5
$2.8) 11
$2.30
$0.00
$ $5.54 O~/II/L~X~
Karl Enselberg
~£ -,¢-f ~f ........................
[~?.[%~._ 1560 Royal Palm Way
[~s~,~P+~'~;~ ~;~', '~ 33432
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
{Endorsement Required)
['x. Total Postage & Fees
r!J
$0.44
$2.80
$2.30
$0.00
$ $5.54
)9tt112009
Street, Apt, No,;
orPOBoxNo. 99 Seventh Street, Apt. lA
:sat,,z~P+~ Garden City, NY 11530
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restd~ed Delivery Fee
(Endorsement Required)
Total Postage & Fees
$0.44
$2.80
$2.30
$ $5.54
11:,~ Postmark
R. Thiel & Eleanor T. Thiel
775 West Cove Road
c~'s~t*'Zt~cutchogue, NY 11925
LEWIS APPL.//6317
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article Addmssedto:
idlm F. O'grady & Marilyn O'grady
99 Seventh Street, Apt. lA
Garden City, NY 11530
X / [] Addressee
~. ~'~P%V,~v~/ar~) c. Date. of De,very
D. Is delivery eddmss different from item 17 t'-I Yes
if YES, enter delivery address below: [] No
4. Restricted Delivery? (Extra Fse) [] Yes
2.~,N~ 7006 2760 0000 9942 8022
(lhtn~" from service label)
PS Form 3811, February 2004
Domestic Return Receipt
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the ma[Ipiese,
or on the front if space permits.
1. Article Addressed to: '
Karl Enselberg
1560 Royal Palm Way
Boca Raton, FL 33432
2. Article Number 7 0 D 6
(T~ from service label)
C. Dale of D~livery
D. Is delivery [] Yes
if YES, e~ter delivery address below: ~No
2760 0000
9942 8015
I PS Form 3811, February 2004
Dernestic Return Receipt
USPS - Track & Confirm Page 1 of I
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Label/Receipt Number: 7006 2?60 0000 9942 8039
Class: First-Class Mail®
Service(s): Cer~ed MailTM
Return Receipt
Status: Notice Left
We attempted to deliver your item at 1:50 PM on September 14, 2009 in
BRIDGEWATER. NJ 08807 and a notice was {eft. No further information
is available for this item.
Track & ConfirTM
Enter Label/Receipt Number.
Detai{ed Results:
· Notice Left, September 14, 2009, t :~0 pm, BRIDGEWATER, NJ 08807
· Acceptance, September 11, 2009, 4:11 pm, CUTCHOGUE, NY 11930
Notification Options
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Copyright~) 2009 USPS, All Rights Reserved. No FEAR Act EEO Data FOIA O
http://trkcnfrml .smi.usps.com/PTSIntcrnetWeb/InterLabelInquiry.do 10/1/2009
BOARD OF APPEALS; TOWN OF SOUTHOLD
IN THE MATTER OF THE APPLICATION
OF
ROBERT A. LEWIS & BARBARA LEWIS
(Appl. #6317)
SCTM # 1000-111-2-10 & 1000-111-2-9
AFFIDAVIT
OF MAILING
STATE OF NEW YORK )
) SS.,'
COUNTY OF SUFFOLK )
I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say that:
On the 14th day of October, 2009, I personally mailed at the United States Post Office in
Cutchogue, New York, by regular mail, a true copy of the attached Legal Notice in prepaid
envelope addressed to current owners of parcel known as SCTM # 1000-111-2-8.1; that is to
Thomas R. Cornwell & Marian A. Cornwell at 500 West Cove Road, Cutchogue, NY 11935.
DEBORAH DOTY
Sworn to before me this
15th day of October, 2009
DEBORAH DOTY
ATTORNEY AT' LAW
670 WEST CI~EEK AVENLFE
P.O. ]Box 1181
CUTCHOGU]B, NY 11935-0876
631-734-6648
September 2009
Your neighbors Robert A. Lewis & Barbara Lewis have made an application to the
Southold Board of Appeals for a Waiver under Article II, Section 280-11 of the Town Code.
The Southold Town Code requires that the enclosed Legal Notice and survey be sent to you by
Certified Mail - Return Receipt Requested.
DEBORAH DOTY
ATTORNEY AT LAW
670 WEST CREEK AVENUE
PO. Box I181
CUTCHOGUE, NY 11935-0876
FAX 631-734-7702
631-734-6648
October 9, 2009
Southold Town Zoning Board of Appeals
53095 Main Road
PO Box 1179
Southold, NY 11971
RE:
Robert A. Lewis & Barbara Lewis
700 West Cove Road, Cutchogue, NY (SCTM # 1000-111-2-10)
Application for Waiver of Merger; Appl. #6317
Dear Members of the Board:
Enclosed please find the Certified Mail-Return Receipt Requested correspondence addressed to
Thomas R. Cornwell and Marian A. Cornwell. The enclosed was returned by the USPS as
"unclaimed. '
Encl. ':'
DD:bdr
cc: Robert A. Lewis & Barbara Lewis
Very truly yours,
Deborah Doty
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DEBORAH DOTY
ATTORNEY AT LAW
670 WES'~ CREEK AVE., P.O. BOX 1181
CUTCI{OGUE, NY 11935-0876
7006 2760 0000 9942 8039
CUTC~6E NY
11935
flMOUNT
$5.54
08807
00095997-lj
[] INSUFFICIENT ADDRESS
[] ATTEMPTED NOT KNOWN
[] NO SUCH NUMBER/STREET
[] NOT DELIVERABLE AS ADDRESSED
- UNABLE TO FORWARD
BOARD OF APPEALS; TOWN OF SOUTHOLD
IN THE MATTER OF THE APPLICATION
OF
ROBERT A. LEWIS & BARBARA LEWIS
(Appl.//6317)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM //1000-111-2-10 & 1000-111-2-9
AFFIDAVIT
OF POSTING
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn,
depose and say that:
On the 21st day of September, 2009, I personally placed the Town' s official
Poster, with the date of hearing and nature of the application noted thereon, securely upon the
applicant's 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 near the entrance or
driveway entrance of the property, as the area most visible to passerby.
I hereby confirm that the Poster has remained in place at least seven (7) days
prior to the date of the subject hearing date, which hearing date was shown to be October 1, 2009.
Sworn to before me this
1st day of October, 2009
Notary Y'ublic
.~'DY L. OKEEFE
lqot~y Public, S~ of N~ Y~
~o. 01OK49~52 - N~ ~
~mt~sion E~ J~y 13, ~
DE~'BI~RAH DOTY
LEWIS APPL. #6317
NEIGHBORHOOD PROPERTIES
IN DESCENDING ORDER OF SIZE~
SCTM 1000-111- ACREAGE
USE
5-1 1.56
2-8.1 1.54
2-3.1 1.38
2-6 1.26
3-16 1.12
2-9 1.04
2-4 0.87
3-4 0.65
2-10 0.59
Single Family Residence ("SFR")
SFR
SFR
SFR
SFR
SFR (adjoining dwelling lot)
SFR
SFR
Residential Vacant Land (subject)
MEDIAN
3-1 0.55 SFR
3-2 0.53 SFR
3-3 0.53 SFR
2-11 0.52 SFR
2-12 0.43 SFR
3-18 0.43 SFR
3-17 0.41 SFR
2-5.2 0.35 SFR
2-2 0.33 SFR
Lot sizes in acres from Southold Assessors' records.
DEAD!LINdE
DI:.CEMBER31, 1996
The Southold Town Lot CreatiOn and
Merger'Law became effective in.
November, 1995; :,
If you own more than one
undersized: lot, consult your ottorn,ey
or fhe Southold Town Building
Department to determine f, he legal
status of your property. If changes'
are ncessary, they must be made by
'December 3'1,1.996.
OFFICE OF TI-IE
TOWN'CLERK
· TOWN ,OF SOUTHOLD
53095 M~ Road, SoUthbld, NY
cO~bfSU~FO~K
STA'f'Lm~F NEW YORK ss:
Patricia C, Loilot, being duly sworn, says
she is the Production Coordinator, of the TRA
ELER WATC~ ~MAN, a pubiic newspaper print~
at Southold, in Suffolk County; and that the
tice of which the annexed is a printed cop
has been published in said Traveler Watchrna
'once each week for
,/
successively, commencing on the ...... ../...'~'.....,'.
oay.~.....,:.~.~ ....................... ,~Z.'
Sworn to before me this ....... :.~.....' ............. day
.................... ......
Notary Public
SEE S~