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HomeMy WebLinkAbout6386 W ,%~+/,,-o / 4 /~ 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 dui_ 15 2010 Tel. (631)765-1809 Fax (631)765-9064 ~,'~n.. , ¥'~ .o,~~.~ Soul'hold To~ Clef[ FIND~GS, DELIBE~TIONS ~ DETE~INATION MEET~G OF ~NE 30, 2010 ZBA Application No.: 6386 Applicams/O~ers: John J. Abele SCTM~:1000-71-2-12 and 79-4-41 Property Location: 500 Harbor Lights Dr., ~d 255 Windjmmer Dr., Southold, NY 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. SUFFOLK COUNTY ADMiNISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. Request for a Lot Waiver under Article II, Section 280-10(A) to unmerge a vacant land area of 20,000 square feet (1000-71-2-12 ) from an adjacent land area of 20,000+/-square feet (1000-71-4-41), based on the Building Inspector's Notice of Disapproval dated March 18, 2010, pursuant to Section 280-10(A), determining the properties have been merged. The Zoning Board of Appeals held a public hearing on this application on June 30, 2010, at which time written and oral evidence were presented. Pursuant to § 280-A. the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged due to the death of one of the property owners. Pursuant to §280-11 (B), the Zoning Board finds that: (1.) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood. The lot to be unmerged was created as part of the 1965 subdivision map titled "Harbor Lights Estates." All of the lots in this subdivision are essentially the same size and shape, including the subject lot which is 100 feet by 200 feet. ./'~g e 2 - June 30, 2010 ZBA File#6386- John J Abele CTM: 1000-71-2-12 and 79-441 (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. The lot to be merged is unimproved and has been landscaped by the applicant. The lot merged by force of law with the adjoining lot to the South, which is improved with a dwelling owned by the applicant, when his wife Ruthann Abele, passed away. (3.) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. This lot is part of an approved subdivision map and is the only remaining vacant parcel. Granting the waiver will only create one additional single family dwelling in a neighborhood that is literally built out. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Sonthold Merger Law, Section 280-11, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried to Grant, the waiver of merger as applied for. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Horning, Schneider. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing r-? / ~ /2010 / RECEIVED I0'' US- So~!:~ lo,va Cler~ VACANT LAND 90' I00.00' AD J, DfW 0.4'SOUTH 90' ;INAL MAP MAP 'OF LOT AS SHOWN ON "MAP OF HARBOR LIGHTS ESTATES, SECTION SITUATED Al' TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK EVIEWED BY ZBA ;EE DECISION #/~,%~J~P OATEO._LL. I ~,.~o I~ ~0 CERTIFIED TO: JOHN ABELS MKtd ABSTRACT SERVIC£S, INC. CHICAGO TITLE /NS. CO. T/TLS NO. MKM-N- 13223 (516) 271-1141 Fox 549-7821 MAP N0.4362 F/LED 6J8/65 TAX MAP DESIGNATION 1000-071-02-012 CHRISTOPHER HENN, L.S. 121 EDDY DRIVE DIX HILLS, NEW YORK N.Y.S. LIC. HO. 4.9557 DATE (C) COPYRIOHT REF. NO. 6369 REF. NO. 6369 RE£NO. 6569 30 'FINAL MAP REVIEWED BY ZBA. SEE DECISION # DATED "H~.~O~ Lt~:~d E6TA?E6- ~EC. ONE~ :~A Y~V / E W t \ \ . I ~cE~VED ~OARD OF APPEALS ~' : t? .o.2-.°° "o°., ® - (~ '', ~. FILED ~w~ .JUNO 196~ FORM NO. 3 ~ECl~IVEO TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. ~.04,~o OF APPEALS NOTICE OF DISAPPROVAL TO: David Olsen for John Abele P O Box 706 Cutchogue, NY 11935 Date: March 18, 2010 Please take notice that your application dated March 9, 2010 For a merger determination at Location of property 500 Harbor Lights Drive, Southold, NY TaxMapNo. 1000 Section71 Block2 Lotl2 Is returned herewith and disapproved on the following grounds: The subject lot has merged with the adjacent lot to the south (SCTM #79-4-41) pursuant to Article II, Section 280-10(A) which states: "Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lot which has been held in common ownership with the first lot at an,/ time after Jul,/1, 1983. An adiacent lot is one which abuts with parcel for a common course of rift`/(50) feet or more in distance. Nonconforming lots shall merge until the total+- lot size conforms to the current bulk schedule requirements." /Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING April 29, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Wcisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections Al4-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Moy, Sim (c/o Shawn Barton) Gonzales, Joseph Abele, John Greene, Andrew Regina's Garden (c/o Edward Harbes) Wren, Maryl Pappas, Jennie #6383 #6384 #6386 #6387 #6388 #6389 #6390 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P. O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ~ffCEi'VED Fee: $ Filed by: ___ Office Notes: For Office Use Only Date Assigned/ZBA File ti 80AR~ 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 3118/10 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 319110 under Town Code Chapter 280 (Zoning), Article 1I, Section 280- 10A for: I~ Building Permit [] Permit for As-Built Construction [] iZertificateofOccupancy ~ Pre-Certificate of Occupancy [] Other__ Owner of Parcel ibr Waiver: John J. Abele Owner of Adjacent Parcel: John J. ~l~ele Note: tf applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: PO Box 997, Soathold I~ 11971 Telephone No: 631-765-2352 Fax/Email Agent for Owner: David W. Olsen, Esq. (attorney for o~,ner) Address: PO Box 706, Cutchogne, 1~ 11935 Telephone No: 631-736--7666 Fax/Emaih 631-736-7712 olsenla~optonline.net Please specify who you wish correspondence to be mailed to, from the above: [] Owner, or [~Authorized Representative 1 (we), John J · Abele 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 79 Block 4 Lot 41 containing 20,000 square feet located at # 255 ~ l,/indjuummr Drive, $outhold and for District 1000 Section 71 Block 2 Lot 12 containing 20,000 square feet. The property is located in the R-40 Residential Zone District. Page 2 - APPLICATION FOR WAIVER TO UNMERGE PROPERTY ZBA # RECEIVED aOARo OF APPEALs The lot to be tmmerged was originally created by deed dated 9/29/66 , 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. APPLICANT'S REASONS: (1) The waiver would iecognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: This lot was created as part of the Hap of Harbor Lights Estates, Section One. (Copy of Nap included). Ali of the lots in Harbor Lights Estate are essentially the same exact size. This lot is consistent with ail ot the lots in the neighborhood. See document included showing all of the lot sizes of s~rrounding (2) The waiver would recognize a 10t that is vacant and has historically been treaed and parcles. maintained as a separate and independent residential lot since the date of its original creation because: The lot has always been vacant and treated as a separate and independent residential lot by the applicant, as well as the predecessors in title. The lot has always received a separate tax bill (see copy included), (3) The proposed waiver and recognition will not create an adverse impact on the physical or envkonmental conditions in the neighborhood or district because: This is a residential netghborhood~ inwhieh the subject parcel is literally the only remaining vacant parcel. Granting of the waiver will prove.lc for future construction on not more than one dwelling with single family.occupancy. 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 planmng Board on Hay 11, 1965 (attach copy). [] This lot was approved or shown on a map approved by the Southold Town Board during 19 (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). Page 3 - APPLICATION FOR WAIVER TO UNMERGE PROPERTY ~ECEZVED aOARo OF APPEALS n/6/95 5~30/90 ~ A search of Town records found a Certificate of Occupancy was issued9 / 12 / 65 for a dwelling or other purpose on SCTM Lot # (please attach copy). 1000-79-4-41 (Attach additional sheets if needed). Ownt~P~cel ~ .... John J. ~d)~le /' Sworn t9 befo~ me this o~.D" day of /'~,~,~Cfi,' , 20~) ~"'/' No-tary Pubffc s- Sworn to before me this ,~' day of /p~-c.~ ,20~ ~ M~otary Publi7" ' ~'' - ZBA 12/95; 3/06; 11/08 ,~ECEIVED LOT WAIVER QUESTIONNAIRE ~o,~o oF APPEAL~ What are the square footage and dimensions of this lot (subject of building department merger applicaUon): 2o,ooo s.f. loo fi. by 2oo +-ft. Date of first deed which created this lot: 9/29/66 Date of current deed to present owner: 1/z3/99 Owners' names of lot at current time: 5oim 3. ~J~ele Date and name of subdivision (if any): Size of remaining lot in the merger: June 8, 1965 liap of Barbor Lights Estates Section One 20,000 Were there any building permits issued in the past for this lot: Yes If yes, please provide copy of former permit and map approved. __ No _x W ~ere there any County Health D~partment approvals in the past for either lot? Yes x No __ If yes, please provide a copy. *See co No. z 2841 re Nealth ])ept. approval dated 9/7/67 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 for.a preexisUng building, a variance, lot-line change, Trustees approval, or other type of application to build o~ use the proPerty in any way)? Yes __ No x If yes, please provide copy (if available), or explain: Is there any building or structure, sucl~ as a patio, driveway, or other, overlapping the deeded lot line which separates'the two merged lots? No. x Yes __ If yes, please explain. How many other vacant lots are on the same block and immediate ne ghborhood? z~o Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Cop]es noted above are attached.) Dated: 3/24/10 ZBA$/27/99 R~CEIVED QUESTIONNAIRE FOR FILING WITH Z.B.A. APPLICATION BOARD OF APPEALS ~yhee subject premises listed on the real estate market for sale? s [] If yes, check if applicant is the Contract Vendee [] No Are there any proposals to change or alter land contours? [~o [] Yes, please explain on attached sheet. 1) Are there areas that contain beach sand or wetland grasses? 2) Are these labeled on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 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? ll]A Please confirm status of your inquiry or application with the Trustees: I~I/A If issued, please attach copies of permit with conditions and approved map. Is there a depression at or below five feet above m~ sea level, or sloping elevation near the area of proposed construction? Please describe: Are there any patios, concrete barriers, bulkheads, ripmp or fence that exist and are not shown on the survey map that you are submitting at this time? l~Io (Please show area of these structures 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? go If yes, please submit a copy of your building permit and map approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. If yes, please label H. Please list present usc or operations conducted at this parcel vacant and proposed use vacant or single fatally residence (examples: existing: single-family; proposed: same with garage or pool, or other description.) A~t ~.1 _d~hgI~atur e ~nd ~at e 2/05; 1/07 J~an J. Abele 617.21 Appendix C State Environmental Qualit~ Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED .4 CTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name SEQR RECEWED BOARD John J. Abele Waiver of Merger 3. Project location: Municipality County '[ Southold Suffolk 4. Precise location (Street address and road Intemectlons. p?omlnent landmarks, etc. or provide map) 500 Harbor Lights Drive, Southold NY 11971 (vacant lot) 255 Windjn~er Drive, Southold NY 11971 (improved parcel) Is proposed action: ) NEW ( ) EXPANSION ( ) MODIFICATION/ALTERATION Waiver of Merger Describe project bdetiy: Waiver of Merger of taz lot 1000-71~2-12 (vacant lot) from adjoining parcel ta~ lot 1000-79-4-/+1 (iapoz~ed parcel). 7. Amount of land affected: Initially: 0.46 acres; Ultimalety: 0.46 acres I I 8. Will proposed action comply with existing or other existing land use resthctions:( ~'~ES ( ) NO I[ No, describe bdefly: 9. What is present land use in vicinity of project: (describe): [(I ~'Residential ( ) Industhal ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10. Does action I~.91ve a permit approval or funding, now or ultimately f~om any other Governmental agency,(Federal. State or Local) ? ( ) YES ( V~ NO If Yes, list agency(s) and pem~ll/approva/s: 11. Does any asp~,ef the action have a currently valid permit or approval? ( ) YES ( v')'NO If Yes1 list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? l( ) YES ( ~NO If Yes, iisi agency(s) and pen~nilJapprovals: I certify that the information provided above is true to the best of my kn, owledge JAppllcant/SponsorName: John J. Abele Date: 3/Zb/lO If the action is in the te agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEt*VE~ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town o1~D O1~ ,~P~bttt;~ and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Abele, John J. and Olsen, David I/. (agent - attorney) (Last name, first name, middle initial, unless you are applying in thc name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance }laiver of Merger Special Exception Other Activity: Change of Zone Approval of Plat Exemption firom Plat or Official Map Other 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 Signature: ~ ~.~~.~ Print Name: /~n J~Abele - AGRICULTURAL DATA STATEMENT a~CEtVEI) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~ WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use perml~'t, sit~*n~' F'g~ plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operaiion located in agricultural district. All 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. t) Name of Applicant: John J. Abele 2) Address ofApplicant: P.O. Bom 997, Southold, l~/ 11911 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5)Descrip/ionofProposedProject: }/atver of Herger for tax lot lOOO-/l-Z-l_Z l:rom tax lot 1000-79-6-61. 6) Location of Property (road and tax map number): 500 Harbor Lights Drive, Southold, 1~ 11971 7) Is the parcel within an agricultural district? []Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~rNo []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/he Town of Southold Real Property Tax System. Name and Address (Please u,~e back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. ~~ 3 /26 /2010 Note: Si~e of~pl~licant Date 1. The local board will solicit commen~s from the owners of land identified above in order to consider the effect of the proposed actio'h on t~cqr farm operation. Solicitation will. be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant md/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applic.ant 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 TOWN $OI3'I~OLD, NY 11971 TE~. 765-1802 PER1VIIT NO. E~cam;~'ed ,20 Approved ,20 Marl Phon~: MAR - 9 2010 BLDG· DEPT. TOWN OF SOUTHOtD BuiIdiug Iuspeotor RECEWED APPLICATION FOR BLrLLDING PER1VIIT, Date. INSTRUCTIONS BOARD OF APPEALS March 9 ,2010 u. lh~ appacaUon MUST be c,omplot'ely tilted in by tTpewrite~ or in ink and submitted to th~ Building Inspector with sets of plan% accurate plot plan to se, ale. Fee according.to schedule. . b. Plot plan showmg location of lot and ofbrfildings on prenmses, rclation~h,p to adjo,mng prem. es or public streets areas, and waterways. c. The work cowred by this application may not be domm~nced before issuance of Building Pea-mit. & Upon approval of this application, the Buildit/g Ii~pe,~br will t~sue a Building P~r..~t to the applicant. Such a ~hnli bo kept on thc premises avail~'ble for inspection throughout the work. e. No building ~h~ll be ocoupiext or u~ed in whole or in part for any purpose what-so-cwr until a Cea'tificate of Ocoupm is issued by the Bhilding Iuxpe. ctor. APPLICATION IS I-IEK~2BY MAD~ to the Buildiug Dopartm~mt.£or the ismmuoo of a Build~ug'Po'mlt pursuant to the B~lilding Zone Ord{n~co of the Towll of Southold, Sn~olk Collllly, Now York, mad other applicable Laws, Ordinances or Regulations, fi ...... or the oonstruotiou of buildimga, additiom, or alteraflom or for removal or d~amolition aa h~rein described. The applicant .agrees to comply with all applicable lav~s, or~;-~-~.~,s, building code, hotmigg cod% and cegulations, ~nd to , .. .. ($i~atn~ of ~pl>llo~nt or,,~-,-, if a *orporation) David Il. Olsen, a~ attorne7 for owner P.O. Box ?06~ Cntehogue~ 1~ 11935 · · (lvf.il~g add. sa of applic, aut) State whether applicant is owner, lessee, agent, architect, engineer, general conlzactor, elco~oian, pl-mber or builder Attorney, for owner Name ofcwner of premises .Jghn J. Abel. e ' ' (aa on.the tax roll or latest deed) If applicant is a corporation, signattlre of duly ~xuthorized ~ffioer (Name and t~fle of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which propos¢~d work will be done: 500 Harbor Lig;hts Drive House Number Street Southold Couaty Tax Map No. 1000 Semen 7! Block 2 ~OO1Vl$1onHarbbr::Li~hts F.states, Section One Fil~dMapN0. 4362 Lot Lot ' 12 17 ~tate exisfinE use a~d occupancy ofprem/ses ~d mtenaea use and occupancy o~ proposea consu~cuon:, /L ]~Xi~lgtl~O~ldOC.~allcy Vacant: Lot b..~nt~ded llSe ~d o¢oL~p~oy. Single Fa,,~ty Residence Nature of work (check which applicable): N~w Building. Repair Removal Demolition Ir'dwelling, number of dwelling units If garage, number of cars Addition Alteration' Other Work · Fee (Description) (to be paid on filing this application) Number of dwelling units on each floor If business, c(/mmerCiai, or mixed occupancy, specify nature and extent of each ty~e of use. Dimensions of existing structures, if.any: Front Rear .D~pth ~ '. ,~;i ~ Height Number of Stodes Dimensions of Same structure With alteraflc ns or additions: Front, Depth Height. Dimensions of entire new construction: Front Height Size of lot: Front 0. Date of Purchase- Number df Rear. Number of Stodes . Rear Depth. Name of Former Owner Depth R~ar 1. Zone or use district in which pr~a~ises are situated 2. Does proposed construction violate any zoning law, ordinance or regulation: 3. Will lot be re-graded 4. Names of Owner of premises Name of Architect Name of Contractor Will excess fill be reraoved from pr*mlses: YES NO. Address Phone No. Address Phone No Address phone No TATE OF NI~W YORK) SS: :OUNTY OF Su~YOLK. ) 5. Is thi~ property with4n. 100 feet ora tirhd wetland? *YES NO · IF YES, SOUTHOLD TOWN TRUSTEES PERM/TS MAY BE REQUIRED 6. Provide survey, to scale, with accurate foundation plan and dd~tanees to property lines. 7. If elevation at any point on property is at 10 feet or below, must provide topographical rl~$~ on survey. RECEIVED SOARo OF APPEALS DAVID W. OLSEN being duly swor~ deposes ~d sa~ ~t (s)he is ~e ~h~t ~me of~ si~i~g con~) above nme~ - ~)l-Ie is the Attorney for the owner, J6hn J. Abele (Co-Nactor, Agent, Corporate Officer, ~tc.) f said owner or ownem, and is duly authorized to perform or have performed the said work and to make and file this application; ~oallrm~t~n%cn~tsj~°n~s~;~rt~a~P~l~n%;~oth~J~%.ofkis knowl?dge and belief; mzd that thc work wi~ be worn to before me this 9th day of Hatch 20 / . 10 David W. OlseS~n~nm~lre of AppHcan~ RECEZVED BOARD OF APPEALs March 26, 2010 Waiver of Merger Application Dear Zoning Board of Appeals: Please be advised that I hereby consent for the law firm of Olsen & Olsen, LLP; David Worthington Olsen; and Gary Flanner Olsen to represent me in connection with a Waiver of Merger application with the Zoning Board of Appeals for tax lot 1000-71-2-12. I consent to legal representation in connection with all aspects of this Waiver of Merger, including, but not limited to, processing application as well as representation at the heating. All notices can be sent directly to Olsen & Olsen, LLP. Very truly yours, Hand Delivered Zoning Board of Appeals - Town of Southold TOWN OF SOUTHOLD PROPERTY RECORD CARD /'~- OWNER STREET ~_~'~'~ VILLAGE DIST. SUB. R ESg/6 S~S. VL. FARM COMM. CB. MICS. Mkt. Value ~NO IMP. TOTAL DATE RE~RKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Tillable FRONTAGE ON WATER ~o~land FRONTAGE ON ROAD Meadowland DEPTH blouse ~t~ BULKH~D Fotal ] DOCK M. Bldg. Extension Extension xtens~on POrch Breezewoy Garage Patio. ~/~ Total ' COLOR ~.~, --" ..~"27Z~ Foundatioo Bath Floors Int~rio~Fi"ish Heat ~) fL Rooms 1st Floor Rooms 2nd Floor Driveway 9 Dinette K. LR. DR. FIN. B Basement Ext. Walls Fire Place Type Roof JRecreotion Room D~me,~'/'¢,,~.~( TRIM /,~._ ?/_~_./z. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ,~-ED~'), VILLAGE,~ DIST. SUB. -- ~- ~ ----~'l~(~l~ ~f S W TYPEOF BUILDING R~S. S~S. VL g l{ [ARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS / / ' AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre ValUeAc rePer Volue Tillable FRONTAGE ON WATER Wo~lond FRO~TAGfi ON ROAD Meodowlond DEPTH House Plot BULKH~D Total DOCK 03/24/2810 15:13 631727~ COUNTY PAGE ~O~8,~S~olk Cq~nty, N. Y.," m~e by Otto W. Ctcle cq ~lch' is nO~ hereby 'convG~md. · 50 Eee~ f~ :he average h[~ water' m~rk on P~'COL%iC Bay , .~, ' ~ ~s~erly'~long s~d s~ree~ from ~ ~7. and hav~ng ~ depth 'o~ -~dia~el~.'~dj~cen=,and conC~uous'.=o t~e ~eac~ ,~rea $~CT ~0 ~y State o~ facts an ~ccu~a~ 8U~'vQy 'may-shOw. '~. ~. '; , , ' ~ , ~'~t ~..' 82/04 RECEIV~.c BOARD OF AP~£/~[ ~, 03/2~/2010 15:13 B31727 ,2 COUNTY P~£ 03/04 : ~ew' Ybr~ 'reezs os sno'~.~On ~ho e~[ed ' ' · . r. . mO p .~ee: ;. Saifl bea~ j~'~qm .h. av~g~ a depth a~ra~ kith Wa:cer' rk' o f~ · -:., ~ n Peconic say Cd ~'ark~ng,,'~e.a havzng 0 ~ro.ntage on gh~s, Drive. of approxi~ to ~y '! 50 [e:e t, s~aC& of ~ac.cs an accurate surly may',sh~. ~OARD OF gp; d of . ~ECEIVE¢ PF 29 2166 Standard N..Y. B~ T. U. 1~l~002 Bargain and Sale D~d~ with Covenant aga~st ~'s Acts - Indi~dual or Corpo~flon (S~gle Sh~t) CONSULT YOOR ~WY~R B~R~ SI~NIN~ THIS INSTRffMHNT ~ THIS IN~iTROMSNT SHOULD B$ OSiD BY ~WYSRS ONLY. THIS INDENTURE, m~e~e~ day of Nove~e=:~:~t~n h~dr~ ~d Sixty Six B~HHN F~DERICK ~ESE & ~ROLD ~ESE, of 855 sunrise Highway, Lynbrook, ..... RECEIVE~ New York ~qa~-o 9~a~ ~.p~ hue JOHN J. ABELE & RUTH ANN ABELE, residing.at 85 ~u.w.~q~ , .Rockville Centre, N. Y. party o£ the second p:~t, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration l~ald by the party of the second part, does hereby grant and rel~se unto the party of the second part, the heirs or successors and assigns of th party of the second part f ~rever, ALL that certain plot, piece or parcel Of land, with the buildings and imp'?vements thereon erected, situate, lying and being in the To~ra of Southold, County of ,%uffolk and State of New York, known and designated as Lot ~30, as sho'wn on a certain map entitled "Mmp of Harbor Lights Estates, Section One, Bayview, Town of Southold, Suffolk County, N. Y." made by Otto Id. Van Tuyl & Son, Licensed Land Surveyors, Greenport, N. Y., and filed in the Office of the Clerk of the County of Suffolk, on June 8;, 1965 as Map ~/)4362. Together with an easement over the streets as shown on the filed map herein to the nearest public highway. Together with the use, in common with others, of the beach area and parking area adjacent thereto; said beach area having a depth of approximately 50 feet from the average high water mark on PeconiclBay, and having a length of 900 feet more or less ~masured along the ~. ordinary high water mark, and said parking area having a frontage on the northerly side of Harbor Lights Drive of approximately 150 feet, running westerly along said street from Lot #7, and having a depth of not less than 150 feet northerly of Harbor Lights Drive. The parking area shall be immediately adjacent and contiguous to the beach area herein referred to. SUBJECT to any state of facts an accurate survey may show. SUBJECT to covenants, agreements, easements and restrictions affecting said premises. ~n~Ix~~I~~~I~ZF~I~:~..~Ml~t'~ TO.G-ETHER w,th the appurtenances and all the estate and rights of the party o~ the nrst part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party o£ the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered any- thing whereby the said premises have been exmumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before ~si~m~artv part of the total of the same for any other purpose, whj~v~i~-~'' of thi; ir~n The. word "party" shall be constm6d as if it read "parties" sense ture so IN WITNESS~/I~EREOF, the party of the first part has dui s de year first above written. u E 6056 A E254 STATE OF NEW YORK, COUNTY OF NASSAU ~.: Onthe 3~fdayof November 19 66, be{oreme personally came F~DERICK ~ESE and ~ROLD ~ESE to me ~ W ~ ~e ~divldu~ S d~ ~ ~d who e~t~ ~e fore~ ~t, ~d ac~owl~ ~t otary Public STATE OF NEW YORK, COUNTY OF ~.: O- the day of 19 , before me personally came to me known, who, being by me duly aworn, did depose and gay that he resides ~t No. that he is the ' ; of , the ~:orporation described ~nand ,w. hich %~cesu, te~. the foreg.o, tng instrument; that he owe me sea~ of smd corporation; that the seal affixed a~y~aeidd,mstr?n, ent. ~s such corporate se. all that it was so ea ny oraer of the board of directors-of sai.d, corpora- tion, and that he signed h name thereto by like order. a04RD O~ ~.._. STATE OF NEW YORK, COUN~4/..~ ~.~ On the day of 19 , before me personally came to me hown to be the individual described in and who executed the foregoing instrument, and aekn0Wledged that executed the same. STATE OF NEW YORK, COUNTY OF On the ' day of 19 , before me personally came ~ am personauy acquainted, who, being by me duly Sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, saJd witnees, at the same time subscribed h name as witness thereto. Bargai Bee With Covenant ~gainst Grantor's Acts ~itle No. /t~} ]~ /of F - F~DERICK ~ESE & ~R0~ ~ESE TO JOHN J. ABE~ & RU~ ~ ABE~ INTER.COUNTY TITLE GUARANTY and MORTGAGE COMPANY CHARTERED 1927 [."~--~ IN NEW YORK. TG SECTION BLOCK LOT COUNTY OR TOWN Reeoyded At Request of INTER-COUNTY Title' Guaranty and Mortgage Company RETURN BY MAIL TO RENSSELAER O. TERRY, ATI'0RNEY-AT-LAW $0UTHOLO, N. Y. Zip No. O : ~ RECORDED NORMAN, E, KLIPP ~ Ol'l~'toJ~ ~uqq~ DIST 0100 SECT 071.00 BLK 02.00 LOT 012.00 RECEIVE~) Bargain and Sale Deed, with Covonant 1~ Grantor'$ Acts-Individual or Corporation ~slnsl¢ ah~t) THIS INDENTURE, made the 1 3 ~ day of January, nineteen hundred and ninety~D OF APPE,ti[.~ BETWEEN GILBERT POIROT and DOROTHY POIROT, as Trustees of the Poirot Family Trust, dated 2/5/94, residing at 2 Surf Avenue, Islip, New York, 11751, party of the first part, and JOHN J. ,a~I~L~, residing at P.O. Box 997~Southold, New York 11971, party of the second part, WITNESSETH} that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second party, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the braidings and tmlawl~ements thercon~e[~t~, situate, lying and being in the Town of Southold County of Suffolk and State of New Yor~n knoWn and deisgnafed as Lot Number 17. as shown on a certain map entitled, "Map of Harbor Lights Estates, SeLtkq~h'~ae, Bayview, T0~Cn~,,o~ Southold, Suffolk County, New York," made by Otto W. Van Tuyl & Son, Licensed Land Surveyors, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on June 8, 1965 as Map Number 4362. BEING AND INTENDED TO BE those same premises conveyed to the party of the first part by Gilbert Poirot and Dorothy Poirot, his wife, dated 2/5/94, recorded 8/15/94 in LIber 11689, Page 770. 505. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETItER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the pmpos.e of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The work 'party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN '~I'I'Ih~F_,SS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. GILBERT POIROT, as Trustee ~Q~, as Trustee ' .11941P;725 STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the t~ day of January 1999 , before me,the undersigned, a Notary Public in and for said State, personally appeared GILBERT POIROT and DOROTHY POIROT, as Trustees , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. STATE OF NEW YORK, COUNTY OF SS.: On the day of 1999 , before me personally came to Hie known, who being by me duly sworn, did depose and say that he resides at Not,~, ,,~ ; that he is the ' ' the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. notary ~ECEIVED . STATE OF NEW YORK, COUNTY~RD OF AP§§.A. LS On the day of 19 , before me,the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. notary. STATE OF NEW YORK, COUNTY OF SS.: On the day of 19 , before me personally came the subscribing wimess to the foregq~g instrument, with whom I anl personally acquainted, who ~g by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he,said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as wimess thereto. nota~ BARGAIN ANDSALE DEED POIROT, GILBERT & DOROTHY, as Trustees, TO ABLE, JOHN s,cno. 071.00 .~oc~ 02.00 LOT 012.000 COUNZY OR TOm Suffolk RETURN BY MAIL TO: M.K.M ABSTRACT SERVICES INC. 238 MINEOLA BOULEVARD MINEOLA, N.Y 11501 (516) 742-4700 Robert C. Williams, Esq. 77 North Cemre Avenue, Suite 304 Rockville Centre, New York 11570 TITLE NO: 10-7404-77312-SUFF Distdct: 1000 Section: 071.00 Block: 02.00 Lot: 012.000 Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE All'ACHED 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 .lohn .1. Abele and his/her predecessors in title since prior to 6/30/1983 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liabilib/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 8, 2010 FIDELITY' NATIONAU tILE INSURANCE COMPANY ' SANDRA]. G~LESKI Sworn to before me this 8th day_of March, 2010 . ,-~ Notary Public ANN HLLL Notary Public, State of New York NO. 5032468 Qualified in Suffolk CouatyA Commission ExpiresAugust29, ~[~ T~TLE NO. 10-7404-77312-SUFF STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) SANDRA ]. GOLESKI, being duly sworn deposes and says: That he/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: 1000-071.00-02.00-012.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 6/30/1983. SUB3ECT PREMTSES: 1000-071.00-02.00-012,000 Frederick Reese and Harold Reese To Gilbert Poirot and Dorothy Poirot, his wife Gilbert Poirot and Dorothy Poirot, his wife To The Poirot FamilyTrust dated 2/05/94, Gilbert Poirot and Dorothy Poirot, trustors and trustees Gilbert Poirot and Dorothy Poirot, as trustees of the Poirot Family Trust dated 2/05/94 To John ]. Abele LAST DEED OF RECORD PREMISES NORTH: HARBOR LI'GHTS DRTVE Liber 6045 cp 329 Dated: 9/29/66 Rec'd: 10/05/66 Liber 11689 cp 770 Dated: 2/05/94 Rec'd: 8/15/94 Liber 11941 cp 725 Dated: 1/13/99 Rec'd: 1/26/99 FIDELITY NATIONAL 'FI~-LE INSURANCE COMPANY SANDRA ]. G~LESK! Sworn to before me this 8th day of March, 2010 Notary Public ANN HILL Notary Public, State of New York No, 5032468 Qualified ~n Suffolk County_,-~ Commission Expires August 29, PREMTSES EAST: :1.000-07~.,00-02.00-0:1.3.000 Frank R. Jordan and Helen L. Jordan, his wife To Helen L. Jordan Liber 6178 cp 154 Dated: 7/03/67 Rec'd: 7/03/67 Helen L. Jordan To Frank R. Jordan and Helen L. Jordan, his wife Liber 8965 cp 192 Dated: 1/09/81 Rec'd: 2/05/81 Frank R. Jordan and Helen L. Jordan, his wife To Dennis Mulligan and Dorothy Mulligan, his wife Liber 10335 cp 592 Dated: 4/24/87 Rec'd: 6/05/87 Dennis Mulligan To Dorothy Mulligan Liber 11481 cp 479 Dated: 5/18/92 Rec'd: 6/11/92 Dorothy Mulligan To _lames G. Morgan LAST DEED OF RECORD Libel 12076 cp 890 Dated: 9/26/00 Rec'd: 10/10/00 PREM'rSES SOUTH: 1000-079.00-04.00-04L000 Frederick Reese and Harold Reese To John J. Abele and Ruth Ann Abele Liber 6086 cp 253 Dated: 11/30/66 Rec'd: 12/15/66 Ruth Ann AbelediedaresidentofNassau Coun~ on 5/13/90. LAST DEED OF RECORD PREMI'SES WEST: WINDJAMMER DRIVE FIDELITY NATIONAL TITLE INSURANCE COMPANY / - [NDRA ]. GO~ES'K~' Sworn to before me this 8th day of March, 2010 Notary Public RECEirVED ;BOARD OF AppEALS ANN HILL No,fy Publle, S~ale of New York No. 5032468 Qualified in Suffolk County/~ Commission Expires Augus129, ~_[ 3 ~CE~VED Tax Lots of surrounding neighborhood re Abele Waiver of Merger heating, showll{~l~ or APP£AL~ which lots are improved and which lots are vacant. Tax Lot Number Vacant or improved Lot Size 1000-71-2-12 Vacant .46 13 Improved .46 14 Improved .46 15 Improved .46 20 Improved .44 10 Improved .86 7 Improved .45 6 Improved .46 5 Improved .45 4 Improved .45 3 Improved .45 2 Improved .46 1000-79-4-41 Improved .46 40 Improved .52 39 Improved .62 38 Improved .60 37 Improved .48 36 Improved .46 35 Improved .46 42 Improved .46 43 Improved .46 44 Improved .46 45 Improved .42 46 Improved .47 47 Improved .48 48 Improved .50 49 Improved .50 8 Improved .68 9 Improved .46 7 Improved .46 6.1 Improved .48 5 Improved .46 4.1 Improved .50 3 Improved .48 2 Improved .49 § 280-10 ZONING § 280-10 aOARB OF -aPPeALS D. Proof of merger. The Town shall require a person seeldng determination of merger to provide any or all of the following documents for evaluation: [Amended 3-4-1997 by L.L. No. 4-1997] (1) Proof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfaction of the Town. § 100-12. Ex({eptior~. ~Amended 10-30-73 by LI'/No. 5-1973] All of the tons off the foiloW/ng subd.~vision maps shall b~ excepted from the lot area and lot w/dth requirements of this Chapter, and' the loc areas and lot Mdths applicable to said lots shall be as shown and designator on said subdivision ma.m: Green Acres: Stracrnors; -M. ar4on ,.~,anor:, Cleaves Point, Section' II; Fbrdham Acres, Section I: For3ham Acres, Section [I; Sterling- Fiome~: EaStern q' ~nores, Sect/on l; Eastern Shores. Sect/on [I; Eastern Shores, 8ecQ0h III; .EasmrnSnores.' : Sect/on IV; Eastern Shores, SecQon ¢; .Southol~i Shores; Sunhy; Shores: Moose Cove: Nassau Point; Deer' Park: Village Manor:, G.I. Tut~ll: Edgetnere-Park: Willow ' i' ~ ' " Terrace; S~ounacrest Woods;! Gardiners Bay Estares. Sect/on' III; Fiarv~'st Fiomes, Sectioh l; Bayview Woods Estates;-Willow Pain[; Fiarbor Lights_Esmr, e~_~e~oni I: TerrL~_Wa~.,-s Bay Fiaven: Corey Cr~k lgstates; WeLq Creek Estates: Nornhwc<~kq; Vista Bluff;-Jacksorm-Landin~ Benne~'~-Po .~i; Rose.wood--Es'tate~; 'Sunset Knolls, Sec.[ion II; Smithfield Park; Par~hse. P0mt; Fiarbor Lights E~r~_a, S~ction III: Fiig~h?vood; N'unnakorna Waters; Yennecott Park;-~ownsview; South"i-Ia)bor Home~, ~eqgmc Snores,. Sec~on I; Pecon,e ~omes, Secnon [: Peeonie Homes, Section It; pee°nie ]Yay 0aim; Laurel Country E. smres; Orien¢ by-The-Sea, See~on FI; Cleaves Point, SeCt/on III 280:28.1 os- 15- 2007 FORM NO, 4 TOWN OF SOUTHOLD BUILDING D~PARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~CEIVED ~OA:~O OF APPEALS EIERTIFIEIATE OF OEIP. UPANEIY No.Z. 28~1 ...... Date ............ Sept .... 12 ..... , 19 6.~.. THIS CERTIFIES that the building located atl~lndJammer. I}r ............. StreEt Map N~al~bO~ .L:}-gJ~&I¢l~. l ........... Lot No. 30 ...... Sou:bl~.old.,..N ,,Y... ....... conforms substantially to the Application for Building Permit heretofore filed in this office dated ........ May .... 3 .. , 19.67. pursuant to which Building Permit No. 3k. 66~.. dated .......... l'~aM . .~ ..... 19.6~., was issued, and eonfomns to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is ... P~lYa~.e. one..fa~lly, d~elltng .................................... The certificate is issued to ~O1~. AbeJ. e ...... .~wne~, .............................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .... .Sep¢;..?,. :L9.6~.. b~ .R....V_ill&. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. P. ECE~VED ~QARD OF APPEA/.~ CERTIFICATE OF OCCUPANCY No Z19087 Date MAY 30, 1990 THIS CERTIFIES that the building ADDITION Location of Property. 255 WINDJAMMER DRIVE SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 79 Block 04 Lot 41 Subdivision HARBOR LIGHTS Filed Map No. Lot No. conforms substantially to the ~pplication for Building Permit heretofore filed in this office dated MAY 17r 1988 pursuant to which Building Permit No. 17063Z dated JUNE 6r 1988 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 ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to JOHN J. & RUTH ABELE (owner). of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N028816 AUGUST 19r 1988 / Bd±lding Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, R~CE~VED ~80A~D OF APPEALS CERTIFICATE OF OCCUPANCY NO Z-24016 Date NO%rEHBER 6, 1995 THIS CERTIFIES that the building. ADDITION Location of Propert~ 255 WINDJAMMER DRIVE SOUT~OLD NY House No. Street Hamlet County Tax Map No. 1000 Section 79 Block 4 Lot 41 Subdivision Filed Map NO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAy 11, 1995 ~ursuant to which Building Permit No. 22812-Z dated JUNE 8, 1995 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 AN ADDITION TO AN EXISTING ON~ FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JOHN ABELE of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. N367659 PLUMBERS CERTIFICATION DATED (owner) ~a/A OCTOBER 23, 1995 N/A Rev. 1/81 /~lidin~ Ins~ctor OFFICE ADDR EgSS: 473889 71.-2-12 OF SOUTHOLD ~ JIDATED REAL PROPERTY T~L NOVEMBER 30, 2010 - TAXES BECOME A LIEN DI~I~IBER 1, 2009 IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~, ON REVERSE SIDE. 610 OFFICE HOURS & PHONE MON-FRI 8:00 AM TO 4:00 PM 631-765-1803 FAX: 631-765-5189 10 8559 ~ECEIV 500 Harbor Lights Dr 0.46 320,916,530 1,727,334 311 Resvacland Abele John J PO Box 997 Southold, NY 11971-0931 12/3/09 Abele, John J 1,600 1,600 First Half: 8497 $841.24 12./30/08 Second Half: 8497 $841.24 5/28/09 I LEVY DESCRIPTION LEVY % TAXABLE VALUE Southold School Southold Libra~, 66.62% 2.19% ASSESSED VALUE TAX AMOUNT 1,600 723.448 1.50% 1,157.52 1,6,00 23~801 2.80% 38.08 100% OF FULL VALUE TOTAL TAX AMOUNT 68.81% Suffolk County Tax 1.52% 1,600 16~537 -3.60% 26.46 1.52% Southold Town Tax 22.50% 1,600 I 244.380 5.80% 391.01 1,195.60 26.46 22.60% 391.01 NYS Real Prop TaxLaw 0.20% 1,600 2.152 -53.20% 3.44 MTA Payroll Tax 0.06% 1,600 .671 100.00% 1.07 Southold FD 5.00% 1,600 54.346 2.40% 86.95 Solid Waste District ] 1.90% 1,600 20.610 44.80% 32.98 WasteWater Distdct 0.00% 1 ;600 .045 ~2.70% :07 FIRST HALF TAX 868.79 7.16% 124.51 SECOND HALF TAX 868.79 TOTAL TAX LEVY · 1,737.58 DUE DEC 1, 2009 PAYABLE WITHOUT PENALTY TO JAN 10, 2010 DUE OEC. 1,2009 PAYABLE WITHOUT PENALTY TO MAY 31r 2010 SEE REVERSE SEE REVERSE SIDE FOR PENALTY SCHEDULE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE. THiS TAX MAY BE PAiD iN ONE OR TWO iNSTALLMENTS SECOND HALF ~ SOUTHOLD TAX LEVY ° 2009-2010 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS FOR PAYMENT OF TOT,AL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK. PAID BY: [] ASSESSED [] OTHER Abele John J SUFFOLK COUNTY TAX MAP NUMBER 473889 71.-2-12 AMOUNT DUE BILL NO, 868.79 8559 The following bank branches located within the Town of Southold accept payments during regular business hours: Bridgehampton National Bank, Capital One and Suffolk County National Bank. OFFICE }{OURS & PHONE OFFICE ADDRESS: 53095 ROUTE 25 - PO BOX 1409 CO] MON-FRI 8:00 AM TO 4:00 PM SOUTHOLD, NY 11971-0499 DECEMBER I 631-765-1803 FAX: 631-765-5189 473889 79.-4-41 OF SOUTHOLD ~, ) REAL PROPERTY T~L NOVEMBER 30, 2010 TAXES BECOME A LIEN D]~I'BER 1, 2009 iF THE WORD "ARREARS" IS PRINTED HERE SEE TREASURER'S NOTICE ~. 610 10 9561 255Windjammer Dr 320,916,530 1,727,334 0.46 STAR-BASIC SCHOOL 210 1 Family Res iI.,ll.lhll,ll,.llqllhl,,ihu,lllll..,lullll,h,lulhllll. Abele John J 255 Windjammer Dr PO Box 997 Southold, NY 11971-0931 Fimt Half: 9502 $3,533.58 12/30/08 Second Half: 9502 $3,533.59 5/27/09 LEVY DESCRIPTION LEVY% TAXABLE VALUE Southold School 64.45% 6,540 Southold Library . 2.33% 7,200 12/3/09 AbeJe, John J ASSESSED VALUE 723.448 1.50% 23.801 2.80% 1,300 7,200 100% OF FULL VALUE TAX AMOUNT TOTAL TAX AMOUNT 4,731.35 171.37 66.78% Suffolk County Tax 1.62% 7,200 16.537 Southold Town Tax 23.97% 7,200 1.62% I 244.380 NYS Real Prop TaxLaw 0.21% MTA Payroll Tax 0.07% Southold FD 5.33% Solid Waste District 2.02% Waste Water Distdct 0.00% 23.97% -3.60% 119.07 5.80% 1,759.54 7,200 2.152 -53.20% 15.49 7,200 .671 100.00% 4.83 7,200 54.346 2.40% 391.29 7,200 20.610 44.80% 148.39 7,200 .045 -270% .32 4,902.72 119.07 FIRST HALF TAX 3,670.82 DUE DEC 1,2009 PAYABLE WITHOUT PENALTY TO JAN lO, 2010 SEE REVERSE SIDE FOR PENALTY SCHEDULE 7.63% 560.32 SECOND HALF TAX 3,670.83 TOTAL TAX LEVY · 7,341.65 PAYABLEWiTHOUTPENALTYTOMAY31,2010 SEEREVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS S]DE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTtCE SECOND HALF ~ SOUTHOLD TAX LEVY ° 2009-2010 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN 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. PAID BY: [] ASSESSED [] OTHER Abele John J SUFFOLK COUNTY TAX MAP NUMBER 473889 79.-4~-1 AMOUNT DUE BILL NO. 3,670.83 9561 The following bank branches located within the Town of Southold accept payments during regular business hours: Bridgehampton National Bank, Capital One and Suffolk County National Bank. R~CE~VED GARY FLANNER OLSEN ATTORNEY AT LAW OLSEN ~ OLSEi"]2 L.L.P. ATTORNEYS AT LAW BOARD OF APPEALS D^WD ~,7ORTHINGTON OLSEN ATTORNEY AT LAW 32495 MAIN ROAD · EO. BOX 706 · CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 63I 734-7712 olsenlaw@optonline.net March 24,2010 Re: Tax Map 1000-71-2-12 Property Owner: John J. Abele To Whom It May Concern: Enclosed herewith please find an Application for Waiver to Unmerge Property for tax lot 1000-71-2-12. This is a vacant lot in Harbor Lights (lot 17 on Map of Harbor Lights Estates, Section One) and is owned by John J. Abele, who purchased the property on January 13, 1999. Mr. Abele and his wife Ruth Ann Abele purchased the adjoining parcel known as tax lot 1000-79-4-41 and (lot 30 on Map of Harbor Lights Estates, Section One) on November 30, 1966. This parcel is improved with a single family dwelling (CO # Z 2841 issued 9/12/1967). Ruth Ann Abele passed away on May 13, 1990. I am also enclosing herewith the following: 1) Check payable to Town of Southold in the amount of $400.00 2) Copy of current deeds for tax lots 1000-71-2-12 and 1000-79-4-41 3) Copy of original deed for tax lot 1000-71-2-12 4) Single and Separate Search from Fidelity Title 5) Copies of surveys for tax lots 1000-71-2-12 and 1000-79-4-41 6) Copy of death certificate for Ruth Ann Abele 7) Copies of Property Cards for tax lots 1000-71-2-12 and 1000-79-4-41 8) Transactional Disclosure Form 9) ZBA Questionnaire 10) Lot Waiver Questionnaire 11 ) Notice of Disapproval dated 3/18/10 12) Copy of Subdivision Map for Harbor Lights Estates Section One 13) List of neighboring parcels showing all are improved and their sizes 14) List of exempt subdivision maps from prior code, showing Harbor Lights Estate, Section One which would have previously made the application for this parcel unnecessary. 15) Copies of Certificates of Occupancy 16) Copies of separate tax bills for each parcel Please contact my office if you need any further information. ~OARr~ HAND DELIVERED - TOWN OF SOUTHOLD ZON1NG BOARD OF APPEALS DAVI'I~WORTHINGTON OLSEN ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 30, 2010 Zoning Appeal No. 6386 Transmitted herewith is Zoning Appeals No. 6386 David W. Oisen for John J. Abele - the Application to the Southold Town Zoning Board of Appeals Waiver to Unmerge Property. Also enclosed is the Applicant's Lot Waiver Questionnaire, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Cover Letter from David W. Olsen Dated March 24, 2010, Notice of Disapproval from Building Department Dated March 18, 2010, Copy of Building Department Application with Disapproval Dated March 18, 2010, Letter from David W. Olsen Listing Requested information sent Dated March 26, 2010, Authorization Letter from John J Abele to Olsen & Olsen to Represent him in this Matter, Copy of Ruth Ann Able Certificate of Death, Copy of Property Record Cards for 255 Windjammer Drive & 500 Harbor Light Drive, Copy of Deed for Lot #17 Dated September 29th 1966, Copy of Deed for Lot #30 Dated November 30th 1966, 3 Page letter from Fidelity National Title Insurance Company Searching Chains of Title for Property, Copy of Survey of 500 Harbor Lights, Copy of survey of 255 Windjammer Drive Showing Construction as it Exists, 2 Pages of Suffolk County Map of Harbor Lights Estates Section 1 Filed June 8, 1965, List of which lots are improved and which lots are vacant, Copy of Zoning Code with Lot Subdivision Exceptions, Certificate of Occupancy Z 2841 for Lot #30 Windjammer Drive, Dated September 12, 1967, Certificate of Occupancy No Z19087 for Lot g41 255 Windjammer Drive for Addition Dated May 30, 1990 Certificate of Occupancy No Z- 24016 for Lot g41 255 Windjammer Drive for Addition Dated November 6, 1995, Copy of Tax Bill for Lot 71.-2-12 & 79.-4-41. eTown of Southold P.O Box 1179 Southold, NY 11971 Date: 03/30/10 * * * RECEIPT * * * Receipt~: 75449 Transaction(s): 1 1 Application Fees Check#: 2479 Reference 6386 Total Paid: Subtotal $150.00 $150.00 Name: Abele, John J P O Box 997 255 Windjammer Lane Southold. NY 11971 Clerk ID: CAROLH Internal ID: 6386 OLSEN ~ OLSEN, L.L.E ATTORNEYS AT LAW GARY FLANNER OLSEN ATTORNEY AT LAW ~AVID ~Y,]ORTHINGTON OLSEN ATTORNEY AT LAW 32495 MAIN ROAD · EO. BOX706 · CUTCHOGUE, NEW YORK l1935-0706 PHONE 631-73'1-7666 FAX 631 734-7712 oJsenlawOoptonline.net RECEIVED Jtme 30, 2010 Re: John J. Abele Waiver of Merger 1000-71-2-12 BOARD OF APPEALs Dear Board Members: I wish to express my thanks to you for rendering a favorable decision in re the above matter, and particularly in making that decision the morning of the hearing so that Mr. Abele could accommodate his purchaser in connection with the federal stimulfi~dit. I am aware that it is not the normal policy of the board to render the decisiofi/at th~ heating so your cooperation and courtesy is greatly appreciated. / / Very truly yo~v~~ // GFO:lmk Southold Town Zoning Board of Appeals P. O. Box 1179 Southold, NY 11971 RECEIVED BOARD OF APPEALS Board of Appeals Town of Southold Michael and Miriam Lastoria 2330 Anchor Lane Southold, New York 11971 RECEIVED ;~OARD OF APPEALS June 12, 2010 To Whom It May Concern: We have been residents of Harbor Lights and neighbors of John Abele since 1988. We hope that you will act favorable and grant Mr. Abele a waiver of merger and allow the recreation of two separate parcels on Windjammer. The property has always been kept so beautifully, an asset to our Harbor Lights community! We look forward to having new neighbors in the house at 255 Windjammer and to having Mr. Abele continue to own the lot. It is maintained as a beautiful park like area. Again, we are in favor of you granting waiver of merger. Respectfully, Gary and Mariella Ostroski 855 Brigantine Drive Southold, NY 11971 June 15, 2010 BOARD OF APPEALS Southold Town Board of Appeals C/o Olsen & Olsen P. O. Box 706 Cutchogue, NY 11935 Gentlemen: RE: 255 Windjammer Drive & 500 Harbor Lights Drive Southold, NY 11971 Our neighbor, John J. Abele has applied for a "waiver of merger" to reestablish two separate parcels of land near our home. We hope you will act favorably with his request. Thank you, for your continued service to our community and consideration of our neighbor. Sincerely, G~ski Mariella Ostroski ~ : ~VED BOAR~ OF Al'PEALS RECE~,/ED BOARD OF APPEALS Robert C. Williams 465 Windjammer Drive Southold NY 11971 RECE~I/ED BOARD OF AppEALS June 15, 2010 Board of Appeals Town of Southold Southold, NY 11971 Re: Application of John J. Abele 255 Windjammer Drive Dear Members of the Board: Please be advised we are in favor of the alSplication of John Abele for a waiver of merger of 255 Windjammer Drive and 500 Harbor Lights Drive. While contiguous, the lots are not parallel and create an "L" shape. Harbor Lights Estates was developed in the late 1960's as a community of half acre parcels and this merged parcel would not be in keeping with the neighborhood. From conversations with Mr. Abele, we know it was never his intent to merge the parcels. We urge your favorable consideration of his application. ~be~C. wtrUly yours, RECEIVED To: Southold Board of Appeals 6/14/2010 To whom it may concern, ~OARD OF APPEALS Please be advised that my wife Carol and I are not opposed to the request, by John Abele regarding his application of a "waiver of merger" of his properties located at 255 Windjammer Drive, Southold. Respectfully submitted, Nicholas Cordone 250 Brigantine Drive Southold, NY 11971 Office Location: Town Annex/First Hoor, 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 2010 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 1'179, Southold, New York 11971-0959, on WEDNESDAY JUNE 30~ 2010: 10:00 A.M. JOHN J. ABELE #6386. Request for Variances from Code Section 280- 10(A) based on an application for building permit and the Building Inspector's March 18, 2010, Notice of Disapproval concerning waiver of merger which states that the nonconforming lots shall merge until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District). This land merged with the adjacent property located to the south identified as SCTM #1000-79-4-41 at; 500 Harbor Lights Dr., Southold, NY. SCTM#1000-7t -2-12. 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: Vic ki.Toth~,Town. Southold.ny.us. Dated: May 27, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 1, 2010 Re: Town Code Chapter 55 - Public Notices for Wednesday, June 30, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 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 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 mailing 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, providing the returned letter to us as soon as possible; AND not later than June 21st: 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 envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 22st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by our office before June 28th, 2010. 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ABELE, J. SCTM #: 71 12 from 79-4-41 VARIANCE: WAIVER OF MERGER REQUEST: UNMERGE LOTS DATE: WED., JUNE 30, 2010 10 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ,~ ""q' ,~ 9814 ;-~K~ STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17th day of June, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTflOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Seuthold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEAL~ at the Town Hall, 53095 Main Road, P.O. Box 1179; Southold, New York 11971-0959, on ~ Zone: R-80. ('Ihe Z~in$ Board of Ap- 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SC'I'M#1000-90-2-1. (adj. to Little Pe- conic Bay and dug Inlet) 10:30 A.M..akNDREW GREENE ~6387. Request for Variances from Code Section 280-116(A) based on an appilca- tion for building permit and the Build- lng Inspector's March 24,2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Pecouic, NY. SCrlvl#1000-734-5, (adj. to Long Island Sound) l~.g0 A~M. THOMAS and NANCY ~ Request for Vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's November 20, 2009, Updated February 18, 2010, }Notice of Disapproval concerning "as built!' deck addition at less than the code required front yard setback of 35 feet at:3r~3 Manhasset Rd., Greenpori, NY._ SCTtg[#100043-1-9. ll.'0OA.M~ CHARLES MATIINA (BELLMATF PROPERTIES. LLCI ~6381. Request for Variance froto Code Section 2~0-124, based on an applica- tion for building permit and the Build- ing Inspector's March 1, 2010, Notice of Disapproval concerning deck additions at less than the code required front yard setback of 35 feet at; 545 Koke Dr., Southold, NY. SCTM#1000~87-5-14. 11:15 A~I. FRANK and DONNA SCAROLA and DONNA PERRIN ~6382. Applicants request a Special Ex- ception under Section 280-13B(14),, The Applicants are the owners requesting authorization to expand kn Accessory Bed and Breakfast, accessory and inci- dental to their residential occupancy in this single family dwelling, from three (3) bedrooms to five (5) bedrooms fo/ lodging and serving of breakfast to the B&B casual,transient roomem Location of Property: 4850 Sound Ave., Mattitock; CTM 121-3-6. 11'30 A.M~ JOSEPH E GONZ ALEg #6384. Request for Variances from Code Section 280-116 based on an application for building permit and the Building In- spector's Amended D~cember 10, 2009, Updated Marcll 9, 2010, Notice of Dis- approval eoncerding"as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 thet at; 2700 glo Juie Lane Mattituek, NY. SCTM#1000-122-4-14. (adj. to James Creek) 11~$ A.M. ALEXANDER L. and TRACY M. SUTYON #63~ Request for Variances from Code Section 280-18 based on an application for building per- mit and the Building Inspector's October 14,2009,Updated March 18,2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code required 80,000 square feet for two lots at; 1160 North Bayxdew Rd., Seuthold, NY. SCTM#1000-78-9-54 & 7~. Zone: R-40. NOTARY PUBLiC-SI'ATE OF N~W YORg No. 01-VO6105050 Qualified in Suffolk Cout'dy Carryover Heatings, continued from prior meetings and pending additional information: Adjourned from Public Hearing March 25, 2010: Adjourned from Public Hearing Feb- ruary 25, 2010: 1-.30 P.M. MARC and DEIRDI~Ir SOKOL # 6318 Adjourned from Public Hearing April 22, 2010 2~-00 PM. NICK MIHALIOS #6361 The Board of Appeals will hear all persons, or their representatives, dealt- lng to be heard at each hearing, andlor desiring to submit written statements before the coni:lusion of each hearing Each hearing will not start earlier than d6signated above. Files are available for review during regular busine~ hour~ and prior to the day of the heanng. If you have qu~tions, please do not hesi- tate to contact our office at (631) 765- 1809, or by e-mall: Vicki. Toth~Town. Southold.ny.u~. Dated: June 9, 2010 ZONING BOARD aP APPEALS LESLIE KANES WEISMAN, CHAI~- PEI~ON BY VICKI TOTH 54375 Main ROad (Office Location) 53095 Main Road 0vlallingfGS~S) P.O. Box 1179 Seuthold, NY 11971-0959 9814-1T 6/17 GARY FLANNER OLSEN ATTORNEY AT LAW 32495 MAIN ROAD PHONE 631-734-7666 OLSEN ~ OLSEN, L.L.E ATTORNEYS AT LAW DAVID ~]ORTHINGTON OLSEN ATTORNEY AT LAW · EO. BOX 706 · CUTCHOGUE, NEW YORK 11935-0706 FAX 631-734-7712 olsenlaw@optonline.net June 28, 2010 Re: John J. Abele 1000-71-1-12 Waiver of Merger Dear Vicki: I am enclosing herewith the following: 1. Affidavit of Sign Posting. 2. Green card for Gregory and Deborah Rose. 3. More letters in support from neighbors. Very truly yours, DWO:lmk Enclosures Southold Town Zoning Board of Appeals Atto: Vicki Toth 53095 Main Rd. P. O. Box 1179 Southold, NY 11971 OLSEN ~ OLSEN~ L.L.E ATTORNEYS AT LAW GARY FLANNER OLSEN ATTORNEY AT LAW DAVID x,~ORTHINGTON OLSEN ATTORNEY AT LAW 32495 MAIN ROAD · EO. BOX 706 · CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 olsenlaw@optonline.net RECEIVED BOARD OF APPEALS To Whom It May Concern: Enclosed please find green cards from 7 of the neighbors. We will send the final green card under separate cover. The original certified mailing sent to Nicole Douillet (1000- 71-2-20) was returned marked undeliverable to the address in New York City as given to us by the Assessor's Office. In response we sent a certified letter to Nicole Douillet at her Southold address, as well as to her work address. We are including those certified receipts as well. The certified mail which was sent to the Southold address was also returned as undeliverable. However, she signed for the certified mailing which was sent to her work address and the green card is included. I am also sending 5 letters which I received from neighbors all in support of Mr. Abele's Waiver of Merger Application. DAVID WORTHINGTON OLSEN DWO:lmk Enclosure Southold Town Zoning Board of Appeals Attn: Vicki Toth 53095 Main Rd. P. O. Box 1179 Southold, NY 11971 f~tr°Matthew C. Camp. bell & Jacqueline M.~ [~..~..~x..~'..7.00 Harbor L.i. tl.h. ts Dr. $2.80 $2.30 t2.80 $2.30 .$ $$.71 )6'11/2010 ~..ro Nicole Douillet Title & Co. P-, ~'/~Y~.: ....................................................... ~-~om=~. 11 ................ ...................... ..M..a. dl~o.n Ay.~. Gregory Rose j Deborah Rose 355 Wind. jammer Dr. Southold, NY 11971 Nicholas Cardone and Carol Cordone 250 Brigantine Dr. Southold, NY 11971 Bruce Romboli and Edith Romboli 240 Windjammer Dr. Southold, NY 11971 James G. Morgan 600 Harbor Lights Dr. Southold, NY 11971 Olive R. Penfield 515 Harbor Lights Dr. P. O. Box 1914 Southold, NY 11971 Kenneth A. Peterson and Ema J. Peterson 615 Harbor Lights Dr. Southold, NY 11971 / Nichole Douillet 105 Duane St., Apt 45E New York, NY 10007 Matthew C. Campbell and Jacqueline M. Campbell 700 Harbor Lights Dr. Southold, NY 11971 1000-79-4-40 1000-79-4-44 1000-71-2-11.2 1000-71-2-13 1000-7 I-2-3 1000-71-2-2 1000-71-2-20 1000-71-2-14 s(~g'~ ! A L USE ~ ~ S5.54 06/0~/2010 ~).00 $ ~.~ 0~/~/2010 ~ /~r°James G. Morgan [~,.**g~*'*~;;~-o;--r~;~-a"~-~: ....................... f~';'~,'~ ..................................................................... I Southold! NY 11971 IAL $2.3~ USE I s~E~F~FCIAL USE I m r*- $ ~5.54 /'03 ~ 06/08/2010 I ~~CIAL USE ,Bruce and Edith Romboli Apt NO., . . orPOeoxNo. 240 Wzndoammer Dr. /~'~p*~ .................................................................... 1 Southold, NY 11971 [ ~ ]~enneth A. Peterson and Erna Peterso~ [ ~',ii,zx~:i .......................................................... --! /~ ~ ..e~...~....6_l_5.....H..a_r_b..o..r....L...i.g.h.. t s Dr. / [caY'~;ld, NY 11971 .............................. -I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Applice/ion of John J. Abele (Name.' of Applicants) CTM Parcel #1000- 7~ 2 COUNTY OF SUFFOLK) STATE OF NEW YORK) RECEIVED JUN 1 12010 BOARD OF APPEALS AFFIDAVIT OF MAILINGS I, David Worthin§ton 01sen .residing'at 2025 0akla~n Ave. Soul;hold , New York, being duly~swom, 'depose and say that: 2010 ~ On the 9th day of. Jtme , 21OD . I personally mailed at the United: States'Post Office in c..~.-h .... ,.New York, by CERTIFIED MAIL, RE'I~LIRN'RECEIPT REQUESTED, a true copy of the'attached Legal Notice in prepaid., enyeJopes addressed to current owners shown on the current asseSsmenLtoll verified fr6m the offi~.ial records on file with the ( i Assessors, 'or (') County Real Property Office' Soui:hol~t ., for every .property which abuts.and is 'across a publi~ or private street, or vehicular right-of- way of reCOrd, surrounding the appli~,ant's,.~rope~/ (Signature) Sworn to before me this 9th ' ''* · -dayo. f June , ~ ~2~102OlO v / '(NotarY'PublJc)' "~' LO~.~A,.~ :<LO.~. Commission Exo,r.s NOV. 30 ~)~O/~ . PLEASE list, on the. back of .this Affidavit or on.a sheet of paper, the Io[ numbers ne~ to the oWner names .and addresses for'which notices were mailed. Thank yOU: OLSEN ~ OLSEN, L.L.E ATTORNEYS AT LAW GARY FLANNER OLSEN ATTORNEY AT LAW DAVID WORTHINGTON OLSEN ATTORNEY AT LAke PHONE 631-7.34-7666 FAX 631 734 7712 olsenlaw@optonline.ner ~ RI:¢EIYED ,ION 1 1 NIO June 10, 2010 BOARD OF APPEAL~ Re: John J. Abele #6386 Hearing June 30, 2010 Dear Ms. Toth: Enclosed please find the Affidavit of Mailings, along with the white receipts in re the above matter. I will forward the green receipts as soon as I receive them back. Very truly yours, DWO:lmk Enklosures Zoning Board of Appeals Attn: Vicki Toth 53095 Main Rd. P. O. Box 1179 Southold, NY 11971 AVID WOR-TI~I~O~)N O~ · Complete items 1, 2,,and 3. :Also complete item 4~f Restricted Delivery is desired · Print your name and address on the reverse so that we can return the dard to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Matthew C. Campbell & Jacqueline M. Campbell 700 Harbor Lights Dr. Southold, NY i1971 O Agent Received by (p C. Date of Delivery niteml? [] Yes If YES, el [] No Mail [] Express Mail [] Registered Return Receipt for Merchandise [] Insured Mail '~ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number [] Yes PS Form 3811, August 2001 Domestic Return Receipt · Complete items item 4 if Restricted Oellvery is desired. · Print your name~r2~:l ~l~lb.~,l~l~t~tlvelj~lk, 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 Addre~ed ~: Nicole Douill;~ Title & Co. Credit Suisse Holdings USA in 11 Madison Ave. New York, NY 10010-3643 '. Article Number (Transfer from service · s Form 3811, ~ 2001 O. Is delivery address different from item 17 [] Ye If YES, enter delivery address below: 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Mere [] Insured Mail [] C.O.O. 4. Restricted Delivery? (Extra Fee) 7004 0750 0003 3400 0779 amplete items 1, 2, and 3. Also complete :~m 4 if RestriCted Deflvety s desired. nt your name and address on the reverse , that we can return the card to you. [ach this card to the back of the mailpiece, on the front if space permits. Domestic Return Receipt · James G. Morgan 0 Harbor Lights Dr. uthold, NY 11971 n 3811,Au~1 A. ' nature ed ., No ~ R~iete~d ~ Return Receipt for Mer~hand~ ~ Insu~ Mail C,O.O. 4. Restri~ Deliver? (Extm F~) ~ Yes 7004 0750 0003 3400 0717 DOmestic Return Receipt 102595-02-M-0835 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · At~ach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addm~ed to: Olive R. Penfield 515 Harbor Lights Dr. Southold, NY 11971 2. Article Number (Transfer from service label) PS Form 3811, August 2001 · Completo items 1, 2. and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece. or on the front if space permits. Nicholas and Carol Cordone 250 Brigantine Dr. Southold, NY 11971 B. Received by ( If YES, enter delivery C. Date of Delivery 3. Service Type ~Certified Mail [] Express Mail J [] Registered r~Return Recel~ fo~ Merchandise J~r-~ Insured Mai~l _r-I C.O.D~ J 4. Restricted DeUvery? (Extra F~e) D Yes Domestic Return Receipt 1 3. Sen. ice Type [] Registered ,JJ~Retum Receipt ?9 Insured Mall [] C.O.D. 4. I~est~cted D~ k~' (Ex~ Fee) 2..Ntlcle Number ~~ 7004 0750 0003 3400 0694 Ps Form 3811, February 2004 Domestic Retum Re¢aipt · Complete items 1,2, and.G: Also complete item 44f Restrlnted Dellve~ Is desired. · Pdnt your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. /~tlcfe Ai~lres~ed ~: Bruce and Edith Romboli 240 Windjammer Dr. Southold, NY 11971 B. Recaived I~ D. Is deliver 2. Afllaie Number (Transfer #om ~n4ce febe0 PS Form 3811, Februa~ 2004 3. Se~ice Type ~""Ce~tlfled Mall [] Expre~ Mail [] Registered ,~"Retum Receipt for Merchandise [] Insured MaLl [] C.O.D. 4. Restricted Dai~very? (Exba Fee) rlyes 7004 0750 0003 3400 0700 ZON1NG BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of John J. Abele (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Idontified as 1000- 71 2 - 12 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SION POSTING [, David W. Olsen residing at 2025 Oaklawn Avenue, Southold , New York, being duly sworn, depose and say that: On the 21st day of June, 2010 _, I personally placed the Town's official Poster, with the date of hearing and nature of'my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-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 remaLned in place for seven days prior to t~/at date of the subject hearing date, which hearing date was shovm to be June 30, 2010 Sworn to before me tlhs day of ~7~e- , 20~o (Signature) Office Location: Town Annex/Fa'st 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 April 1, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6386 Owner/Applicant: ABELE, John Action Requested: Within 500 feet of: Waiver of merger. ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA By: ~oAaD OF APPEA~ ONE FR£D£RICK AND HAROLD SOUTHOLD TOWN PI.~NNING BO~r~RD COUNTY OF SUFFOLK ~ J~l.(~__ - . 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