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HomeMy WebLinkAbout6264 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floon Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED FINDINGS, DELIBERATIONS AND MEETING OF JULY 29, 2010 ZBA FILE: #6264 NAME OF APPLICANT: Henry Traendly and Barbara Cadwallader PROPERTY LOCATION: 13000 Main Road, (adj. to Orient Harbor) East Marion, SCTM # 1000-31-14-11 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 September 16, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: An application for area variances (#6154) had been previously reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. A Letter dated May 28, 2008 was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards stating that since the application involved individual setback, lot line and lot area variance and there was no presence of a regulated natural protective feature or bulkhead that the proposed variances were exempt. While this is a different application, it involves lot area and lot width variances. Thus, under §268-3(F), the application is exempt. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming lot located in the R-40 zoning district and consists of 7,087.05 square feet as shown on survey dated Revised April 22, 2010, by Kenneth M. Woychuk, L.S.. It contains a 20.3 feet by 20.3 feet garage, proposed to be demolished, and has frontage of 35 feet on Main Road, aka NYS Route 25, 197.92 feet along the easterly property line, 38 feet along Orient Harbor and 184 feet along the westerly property line. BASIS OF APPLICATION: Requests for Variances (in this pending subdivision application) under Zoning Code Section 280-14, Bulk Schedule Attachment 3; concerning a proposed lot width of less than 150 feet for the applicant's westerly parcel (CTM 1000-31-14-11), and lot area containing less than the code-required minimum 40,000 square feet of buildable land for each CTM 1000-31-14-11 and CTM 1000-31-14-12 adjacent land owned by Mike and Viola Niamonitakis. Location of Property: 13000 Main Road (and 13220 Main Road), East Marion (adj. to Gardiners Bay, a/k/a Orient Harbor, Dam Pond Inlet). RELIEF REQUESTED: The applicant requests area variances to create a proposed non-conforming waterfront building parcel with a continuous width of 35+/- feet between the two parallel property lines (side yards) and a 35 foot frontage along Route 25, as shown on the survey of proposed lot coverage by Kenneth M. Woychuk, L.S., dated Jan. 3, 2007. Page 2- July 29, 2010 ZBA File#6264 Traendly & Cadwallader CTM: 1000-31-14-11 ADDITIONAL INFORMATION: Prior to making this application the applicant was before the ZBA on two separate applications. The first application (//6154) was for certain area variances. The ZBA never issued a determination on this application because, while before the ZBA, it was discovered that this lot had merged with the adjacent lot to the east. As such the applicant was required to apply to the ZBA for a waiver of merger. The applicant was before the Board under Appeal //6207 requesting a "Waiver of Merger" of this proposed parcel, CTM 1000-31-14-11, which merged by Code to the adjoining parcel to the east, CTM 1000-31-14-12. The applicant was denied the "Waiver of Merger" under Appeal//6207. The facts that were submitted and considered based upon the arguments and submissions in Appeal #6207 may also be used in the balancing test under Town Law 267-b(3) for support in the granting or the denial of the requested area variances in this appeal. The Board received a memo, dated August 25, 2009, from the Town of Southold Planning Board Office, with comments regarding the request for this subdivision. The Planning Board states, "The proposed application is seeking an area variance in the R-40 zoning district which requires a minimum lot size of 40,000 square feet. The applicant is proposing to create a lot, which would total 7,087 square feet. This lot would fall 32,913 square feet short of the required minimum lot size... The variance requested is significant, requesting a relaxation of over 80%"... The creation of a non-conforming lot so significantly smaller in total area than the minimum required by zoning would be extreme and would not be in character with the overall community where the majority of the other surrounding lots do conform with or exceed the required applicable zoning minimum for the R-40 zoning district. For the foregoing reasons, the Planning Board does not support the issuance of the requested variances". FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 20, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 1~267-b(3}(b}(D. Granting of the requested variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed parcel is not comparable in size to the majority of the improved lots in the area. An analysis of 12 properties within the immediate area indicates that six are three times larger in area than the proposed parcel, one is five times larger in area than the proposed parcel, and two others are ten times larger than the proposed parcel. Granting of the requested variances will create the narrowest, smallest and most nonconforming parcel in this neighborhood, and, should a dwelling be proposed on the subject property, it would further increase the non-conformities by requiring substantial side yard setback variances which would only permit, if granted, the construction of a narrow and long dwelling, which is not in keeping with the character of the neighborhood. Furthermore, the granting of the requested variances may create a precedent for very small nonconforming lots to be created from the subdivision of other conforming and nonconforming parcels in this neighborhood. While the applicant submits that the circumstances present on Lot 10 support the granting of these area variances, this adjoining parcel to the west consisting of .20 acres was improved in 1961 and the last major improvement was in 1982, as per the property record card. This lot #10 was first improved pre-zoning and since 1971 the Zoning Code has become more stringent since the last major up-zoning. 2. Town Law §267-b(3'}(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The merger of Lot 11, containing 7,087 square feet with Lot 12 containing 44,174 square feet, merged to create a 51,261 square foot conforming parcel. The Code required minimum lot size in this R-40 district is 40,000 square feet. The proposed subdivision of these merged lots would, by Code, require 80,000 square feet of pre-subdivided area in order to propose a subdivision into two conforming lots without requiring an area variance. The applicant has a deficit of 28,739 square feet of land area in order to subdivide these merged lots into two conforming parcels and not require an area variance. 3. Town Law ~267-b(3~(b)(3'}. The variances requested herein are substantial. The requested proposed lot width Page 3- July 29, 2010 ZBA File#6264 - Traendly & Cadwallader CTM: 1000-31-14-11 of 35 feet will create the narrowest parcel and require a 76.8% variance to the code required 150 feet. The requested proposed lot area of 7,087 square feet will create the smallest parcel and require an 82% variance to the code required 40,000 square feet. The granting of the requested variance will create a substantially undersized parcel outside the range of deviation from the conforming area requirements of other nonconforming parcels in this neighborhood. The requested lot width of 35 feet is equal to the total for both side yards set back requirement of 35 feet in this R-40 District Bulk Schedule. 4. Town Law §267-b(3)(b}{4) Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. While the applicant has acquired a Trustees Permit, no evidence has been submitted by the applicant to substantiate that the granting of the requested variances will not have an adverse impact on the physical or environmental conditions of the neighborhood. The subject lot is not serviced by public water. It is located in a flood zone. Site inspection by the Board revealed a deep depression toward the middle of the proposed lot and unlike the majority of the neighboring waterfront parcels that have a bulkhead; this proposed parcel does not have a bulkhead. Furthermore, creating this lot would require the applicant to return to this Board for additional substantial variances. 5. Town Law §267-b{3)(b)(5). The difficulty has been self-created insofar as it is the applicants desires to have recognized a substantially non-conforming, substandard building parcel, the dimensions of which were known to him when he purchased the subject property, which has historically served as private beach access and boat storage in an accessory structure that is still on the premises. The applicants have admitted that the reason variances are required is due to a mistake made by their estate attorney and that when they sold the adjacent lot (# 12) they could have sold less property, leaving the applicants with a larger parcel. Additionally, the applicant has admitted that the merger of the parcels was accomplished voluntarily for estate planning purposes. 6. Town Law §267-b. Denial of the requested relief is the minimum action necessary and adequate to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Homing, and duly carried, to DENY, the requested area variance as applied for. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the rightto substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Schneider, Horning, Goehringer. Nay: Member Dinizio. (Absent was: Member Weisman(Chairperson)) Approved for filing ~'/ ~ /2010 This Resolution was duly adopted (3 -1). RECEIVED Sm:~old lovea Cler~ S.C.T.M. "O. DISTRICT: 1000 SECTION: .:TI BLOCK: 14 LOT(S): 11 AREA LANDWARD OF COASTAL EROSION LINE: 5,849 SO.FT. or 0.1.3 ACRES OVER ALL LOT AREA: 7,087.05 SO.FT. or 0.16 ACRES RECEIYED PROPOSED LOT COVERAGE: PROPOSED PORCH W/STEPS - 18 S.F. TOTAL PROPOSED LOT COVERAGE 1,075 S.F. o¢ lS.4~ LOT COVERAOE EX,StmNO BOAP, D OF APPEALS GARAGE 412 S.F. OR 6~ EDGE OF PAVEMENT MAIN ROAD N.Y.S. ROUTE 25 ~ ,~ 58. I ~- ~ w/cRAwL NORMA MILLER [ OF -'-~ i J EDWARD BURTON ~&O) I ~ _,, ~-~ ~ TO BE DEMOLISHED *----- ~ LAND N/F I ~ ~.o ~ HENRY O;AENDLY AR~ .%~.L~LI~THI~rAR~A . ,., '; FINAL MAPj ' "REVIEWED BY ZBA SEE DECIS ON , DATED I I .tO a v. LOAM 1.2' ~ _ .~ ~ · 5.0' -- WATER ~L 1.2 .~ .. ~"~ ~ ~ ~ ~ COARSE ~ ~ ~ ~ ~ ~ ~ ~ ~ ~'~ ~ ~ ~ ~ ~ G~L FIR~ ZONE AR 16.2' ~ ~ ~ ~. ~ ~ ~ ~ EFFECTIVE DATE SEPT. 25, 2009 dAN. 05, 2007 /~ ~ ~~ / ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ WA~R SUPPL~ ~LLS AND CESSPOOL R~SCD ~R~L 22. 2010 ~ ~ ~ ~ ~ ~ ~ L~A~S SHO~ ARE FROM FIELD OBSERVA~ONS R~S~O ~H 25. 20~O AND ~ DATA ~TAINED FROM OTHERS. AREA: ?,087.05 SQ.~. OR O. J6 ACRES · ~ ~ ~ ~ ~ ELEVA~ON DA~M: ......................... UNAUTHORIZED ALTERA~ON OR ADDITION TO THIS SURLY IS A ~OLATION OF SEC~ON ~209 OF THE NEW YORK STA~ EDUCATION LA~ COPIES OF THIS SURLY MAP NOT 8EARING THE LAND SUR~YOR'S EMBOSSED SEAL SHALL NOT 8~ CONSIDERED TO 8g A VALID TRUE COPK GUARANTEES INDICATED HEREON SHALL RUN ONLY ~0 THE PERSON FO~ ~OM ~g SURLY IS PREPARED AND ON HIS BEHALF ~0 THE ~LE COMPAN~ GO~RNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI~TION, GUARAN~ES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHO~ HEREON FROM THE PROPERTY LINGS TO ~g STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USg THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC~ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPRO~MENTS. EASEMENTS AND/OR SUBSURFACE S~U~URES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY E~DENT ON THE PREMISES A T THE TIME OF SURLY SURVEY OF: DESCRIBED PROPER~ CERTIFIED TO: BRYAN V~L~NTt; MAP OF: FILED: SITUATED AT: ORIENT TOWN Or: SOUTHOLD ~ ~. ~OYC~K SUFFOLK COUNTY, NEW YORK/~ ~ad Su~e~g P~o~ (831) ~98-t588 ~ (83l) ~98-1588 FILE ~ 26-13 1 SCALE: 1 "=~0' DATE: JAN 5, 2007 N.Y.S. LIC NO, 50227 main~ininI ~e records of Robert J. Hennessy DEPARTMENT OF PLANNING 4TY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman September 16, 20 SEP 21 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 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 Traendly, Hem~y Scopaz, John & Linda Logan (Joseph) & Walker (Kelley) Krug, Lauren Municipal File Numbers 6264 6329 6331 6335 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION H. LEE DENNISON BLDG. -4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5191 TELECOPIER (631) 853-4044 MARTIN II. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPII L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, N-Y 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals Martin H. Sidor, Chair Members of the Planning Board August 25, 2009 Request for lot area variance SCTM#1000-31-14-11 Zone: R-40 13000 Main Road, East Madon, NY 11939 AUO 2 5 2009 Date: Re: The Planning Board has received your request for comments regarding the above referenced application for a lot area variance in the R-40 zoning district in East Marion. As proposed the applicant is seeking a 7,087 square foot lot in the R-40 zoning district in East Marion. This application has been reviewed for sub-division requirements and the following comments are offered for the Board's consideration: Technical Analysis: The proposed application is seeking an area variance in the R-40 zoning district which requires a minimum lot size of 40,000 square feet. (See Southold Town Code §280, Attachment 1 - Density and Minimum Lot Size Schedule for Residential Districts). The applicant is proposing to create a lot which would total 7,087 square feet. This lot would fall 32,913 square feet short of the required minimum lot size. Summary: The area variance requested for this application is significant. The applicant is requesting a relaxation of over 80%. The creation of a non-conforming lot so significantly smaller in total area than the minimum required by zoning would be extreme and would not be in character with the overall community where the majority of the other surrounding lots do conform with or exceed the required applicable zoning minimum for the R-40 zoning district. For the foregoing reasons, the Planning Board does not support the issuance of the requested variances. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. Note: The applicant currently has an application before the Planning Board for a Lot Line change. Based upon the above review regarding the requested area variance, the correct application which the applicant must submit to the Planning Board is a Subdivision application. Further, the Planning Board has attached a copy of the map which the applicant submitted to the Town of Southold Board of Trustees which received a Board of Trustees permit approving the proposed construction and building envelope. This Board of Trustees approved map differs from the maps the applicant has submitted to the Zoning Board of Appeals and the Planning Department. The eastern side yard setback differs, as does the proposed porch dimensions and the front yard setback. The Planning Board would like to note that Planning Board member Joseph L. Townshend officially recused himself from commenting on this application in any way and made no comments upon this application when it was reviewed by the Planning Board for submission of these comments to the Zoning Board of Appeals. AUG 2 5 200~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MAIL[NG ADDRESS: P.O. Box 1179 Southold, NYl1971 To- From: MEMORANDUM Sames King, President Town of Southold Board of Trustees J Mark Terry, Principal Planner \~ LWRP Coordinator ~,~AY ll 2007 $Ou~lOId ]0~'~ Date: May 10, 2007 ~~:~-~* '1':' ~-J[:~L .... Re: Request for Wetland Permit for HENRY H. T~ A. CADWALLADER Z '/r ,jo. ~,~)"~ scTM#31'14-11 ~'*n.. Z~Y6~ / THIS PROPOSAL IS LOCATED ADJACENT TO ORIENT~3J~OR, A ~(EW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIF~AT. THE PROPOSAL IS LOCATED IN AN AE FLOOD ZONE (ELEVATION 9). HENRY H. TRAENDLY & BARBARA A. CADWALLADER request a Wetland Permit to expand an existing beach cabana and garage and construct a single-family dwelling with decks and garage. Located: 13000 Route 25, East Marion. SCTM#21-14- 11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWtLP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 5.1 The following management measures to minimize losses of human life and ~ x'x~ structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. Restore the Town of Southold's water quality by limiting major sources of surface water quality impairment. 2. Reduce nitrogen discharges sufficient to achieve dissolved oxygen levels that would limit the occurrence of hypoxia. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or Ensure effective treatment of sanitary sewage and industrial discharges by: 1. maintaining efficient operation of sewage and industrial treatment facilities 2. providing, at a minimum, effective secondary treatment of sanitary sewage and where discharge to the groundwater is warranted, requiring sufficient treatment of sanitary sewage to avoid negative impacts to the sole soume aquifer providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and 3. protection of areas that are particularly susceptible to erosion and sediment loss Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards. Homes in the area are not serviced by public water. Therefore, please address the following policy standard. 5.5 Protect and conserve the quality and quantity of potable water. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies. Prevent depletion of existing potable water supplies by limiting saltwater intrusion in aquifers and estuaries, through conservation methods or restrictions on water supply use and withdrawals, and by allowing for recharge of potable aquifers. Limit cumulative impact of development on groundwater recharge areas to ensure replenishment of potable groundwater supplies. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.1 Protect and restore ecological quality throughout the Town of Southold. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resoumes. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. Avoid permanent adverse change to ecological processes. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the new residence from the mean high water is 93 feet~ the proposed distance from the sanitary system to the mean high water is 65 feetl a minimum setback distance of 100 feet from the wetland line is required for a residence and a sanitary leaching pool pursuant to Chapter 275-3.Findingsl purpose~ iurisdiction~ setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Pursuant to Chapter 268~ the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. TO: Group International Associates (Traendly) 3 Tall Tree Circle Jamesport, NY 11947 Please take notice that your application dated January 7, 2008 For permit for demolition of an existing garage and construction ( Location of property: 13000 Main Road, East Marion County Tax Map No. 1000 - Section 3_[1 Block 1~4 Lot 1_[1 Is returned herewith and disapproved on the following grounds: ,Piosed construction, on this non-conforming 7,087 square foot lot m the Res,dentrol R~ . s not permitted pursuant to Article XXIII Section 200-124, which states that non-comorm~ng ~ots, measuring between less than 20,000 square feet in total size, require a minimum single side yard ~s~a?~ of 10 feet, a minimum total side yard setback of 25 feet, and a minimum front yard setback ~'f _35 feet. Following the proposed additions and alterations, the dwelling will have a single yard setback of +/- 2 feet, a total side yard setback of 10 feet and a front yard setback of 20 feet. In addition~ the subiect lot has merged with an adiacent lot to the northeast (SCTM # 1000-31- 14-12) pursuant to Article II Section 280-10~ which statesl "Mcr er. A nonconformin lot shall me e with an ad'acent conformin or ~noneonformin lit which has been held m common ownersh~ w~th the first lot at an t~me after Jul 1 1983. An ad'aeent lot is one which abuts with the arcel for a common course of fif 50 feet or more in distance. Nonconformin lots shall mcr e until the total lot size conforms to the current bulk schedule reqmremen - ori ~d SIgnatt~re ~ '~ Note to Applicant: Any change or deviation to the above referenced application, may require B6ARD OF APPEALS_ ' . anuary ,2008 AMENDED & RENEWED: July 18, 2008 rorOff4e VseO l kC - 9 1 D~te Assigned/Assignment No. ] Parcel House No.l~_/~9OStreet IC.~¢~ ~,.~ SCTM 1000Section ~.~ Block}q~ Lot(s) Hamlet S. t]q~tP~'Or-/ Lot Size "~0 ~7 Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Mailing ~ /elephone:~ 3 1 · NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent~ architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: ,/~./.-Jc}. for ( ) Owner, or ( ) Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) [] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [] Building Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use d [] Permit for As-Built Constr.~_uction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article~:~,~.~.~ Section 280- ~ O c~ Subsection ~ D %L Type of ~)ppeal. An Appeal is made for: {~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section U Reversal or Other b~ ~ Pi k/&'fLi ,a ~C ~' A prior appeal ~/has [] has not been made with respect to this property UNDER Appeal No.~o[.~t Year~oo~) . (Please be sure to research before completing this question or call our office to (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: [] No. [] Yes (please furnish copF). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING~D PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure 5.. Sworn to before me this ~'ff'~ ~nt mus~mit wrltt A~ization from Owner) Notary Public State of NY No 01~A6086779, County of Suffolk Comr~ssion Expires Februa~/o~0 l] DEC - 9 2008 HENRY H TRAENDLY ~ ~- ~ - 9 2008 BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW"YORK, 11947' '::~; TO Southold Town Zoning Board of Appeal - ZBA # 12/04/08 AREA VARIANCES REASONS: (additional sheets) -for Subject property SCM 1000 31 14 11 We also request that you review our updated supplement to our application submitted as: ZBA # 6207 Accompanying "Reasons" dated August 11, 2008 and re-edited December 04, 2008 [attached hereto] for additional facts relevant to this application. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted because: The lot is comparable in apparent size and esthetics to the adjoining westerly waterfront properties. The neighborhood is comprised of many well established preexisting nonconforming properties ranging in non conformity from side yard setbacks, rear yard [seaward] setbacks and front yard [landward] setbacks to lot size dimensions. The area is also replete with accessory buildings. Virtually all the neighborhood is fully developed. The immediately surrounding and adjoining properties are improved, have C of O's and most have non conforming setbacks similar to those that the subject property would require variances for in order to place a residence on it. As such the lot fits in with the character of the neighboring community and the addition of one additional modest but conforming building lot will create no appreciable detriment or undesireable change to the all but completely developed neighborhood. And finally, the granting of this area variance will ultimately result in exhibiting more conforming set backs than the properties existing building. (2) The benefit sought by the applicant CANNOT be achieved by som, feasible for the applicant to pursue other than an area variance, becaum The lot was created by deed recorded in the Suffolk County Clerks office on January 02, 1947 per S 280-9. Lot Creation A. (1) and later officially recognized due to its conformity to "minimum lot requirement[s]" as set forth in Bulk Schedule AAEN as of the date of the lot creation. The lot remained within the same family ownership beginning with Arthur Limouze for almost 50 years until his surviving heirs placed it for sale in the summer of 1996. This resulted in our purchasing the lot in September 1996 for the sole purpose of ultimately building an affordable retirement home on it. DEC - 9 2008 method For over 60 years, from its creation until at least July 25, 2008, the date on which the Southold Building concluded it was merged by operation of law, the subject lot was treated as a distinct and lawfully recognized property and never serviced or appeared to be combined with any other property by all its owners and has remained a solitary property in the eyes of the Southold Township and Suffolk County taxing authorities. During July 2008 ZBA public hearings regarding setback variances applied for on the subject property and before the unanticipated determination of a merger, several board members, while discussing the ability to locate a home on the lot without impacting the adjoining homes opined, [specifically without offering final determination or commitment], that the subject lot is a buildable lot, albeit a difficult one, with the proper variances. As the adjoining lot 31- 14- 12, to which the subject was determined merged with on July 25 2008 by the Building department, was innocently but intentionally sold to third parties almost three years earlier in October 28, 2005, absent any regulatory challenge or protest or notice from the building department until the determination date, there is an absolute inability for us to purchase sufficient additional property to rectify the problem and there is other alternative but to request an area variance to reestablish its lost recognition. (3) The amount of relief requested us not substantial because: The neighborhood genre, stretching westward from the subject property along the shoreline of Gardiners Bay to Marion Lake, has a long Southold Zoning history of waterfront recognized lots created by deeds recorded in the Suffolk County Clerks Office prior to 1983.and recognized by Southold Township under S 280-19 A. (1). Many of these lots would now be considered substandard but, preceded the Enactment of the Southold Zoning Ordinance [1957] and the "Bulk Schedule AA". These same lots have virtually all been improved with residences. The subject lot was created in January 1947 and thus officially recognized by the Bulk Schedule under its "Prior to April 9, 1957" designation category. Based on information and belief, we submit that the subject lot represents the sole remaining undeveloped buildable lot in the neighborhood and, it represents a uniquely affordable building parcel for retirement purposes. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions because: The property is virtually flat and there are no serious drainage or erosion issues. To evidence the lots benign physical and environmental qualities, both a Trustees Wetlands Permit and an LWRP exemption have been granted to us. Further, based on various relevant deeds and surveys and in contrast to more common coastal erosion exposures, the subject lot has naturally grown significantly in size [depth] over the last 60 years without any adverse effect on adjoining properties. Finally, as the sole remaining undeveloped lot in the vicinity the addition of one modest sized buildable lot will have an infinitesimal effect on its physical and environmental surroundings and there is no evidence suggesting otherwise. (5) Has the alleged difficulty been self created? ( ) Yes, or (X) No Our interpretation of this question assumes the following. The difficulty was not self created as the lot was a conforming and recognized lot and only became nonconforming due to changes [increases] in Bulk Schedule sizes as a result of more restrictive subsequently enacted area requirements. This is a common problem and understandably remains the prerogative of each community. It is also clearly and historically well within the authority of the ZBA to grant such applications for relief under these circumstances and we plead that the board favorably considers this application for relief and grants it. Are there Covenants or Restrictions concerning this land? (X) No ( ) Yes PO BOX 1589 JAMESPORT NEW YORK, 11947 To: Zoning Board of Appeals ["ZBA"] - DECEMBER 22, 2008 Subject: Our Waiver To Unmerge Property - Application ZBA # 6207 For parcel - S C T M # 1000 31 14 11 Mr. Chairman and Ladies and Gentlemen of the ZBA Board, The Purpose of this letter is to justify our entitlement to apply for the use of the newly enacted "additional path by which by which owners of lots deemed merged may apply to waive those megers..." under S 280 -11 amended as LL 14 2008 [Oct 21, 20081 (A) To Wit: The subjects lots merger was determined by the Southold Building Department pursuant to the provisions of S 280 - 10, on July 25, 2008, and our Appeal to the ZBA is for relief by Waiver and the Re- recognition of the original lot lines, such relief being available under the provisions of S 280 - 11 as per the weighted balancing considerations provided therein as follows: (1) The subject lot has not been transferred to an unrelated party or entity since the merger was effected and; (2) Further balancing the 3 following tests of benefits sought against detriments to the neighborhood: (a) The waiver's re-recognition of a previously long established lot that was lawfully recognized when originally created would not create a lot that is incomparable to developed tots in the neighborhood for reasons elaborated on in Supplement (1) attached (b) The subject lots unfaltering treatment from its original creation to the present as a separate and independent residential lot as elaborated on in Supplement (2) attached (c) The absence of detrimental consequences to the physical and environmental conditions of the neighborhood resulting from the granting of a waiver that that recognizes the original lot lines as elaborated on in Supplement (3) attached Respectfully Submitted Henry H Traendly & Barbar[~'A-Cadwallad~i HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 F2 ii C -- 9 2008 August 11, 2008 [Updated December 04, 200SI To: Zoning Board of Appeals Southold Township - ZBA # 6207 Subject: Waiver to Unmerge Property - Our application to the Southold Town Board of Appeals for our property - C T M # 1000 31 14 11 Please consider this as our accompanying "Reasons" for the board to take positive action and provide relief from the merger determination [This paper was prepared solely by the applicants] Mr. Chairman and Ladies and Gentlemen of The Board, THE NEIGHBORHOOD The neighborhood is fully developed. Virtually all neighboring lots have well established pre existing non-confirming attributes similar to those of the subject property and the majority is improved with residences and/or other buildings, as was the subject lot when we acquired it. The subject lot's improvement will not produce an undesirable change in the character of the neighborhood, nor will it be detrimental to other properties, as explained in this application. None of the lots south of NY Rte 25 are vacant or likely candidates for subdivision per the current R 40 zoning or for environmental reasons. The addition of one modest sized non-conforming residence will add little or no quantifiable increase to the buildings density in the neighborhood and it will have a positive rather than negative esthetic impact on it. Note that the existing garage/boat house on the subject property is essentially the same width as the westerly adjoining property residence and only a few feet less than the residence we are applying for. ~ ~ ~t - 9 2008 BACKGROUND and relevant History of the subject lot and the .*joinlng' lot~ .; ~q~]o~ When I [HHT], acquired the adjacent lot [31-14-12] in 1988 it was deeded in one name [HHT] and had been improved with a residence and a C of O and was single and separate. Subsequently, the entire residence was expanded and a new C of O was issued in 2001. The property was-non conforming as respects side yard set back and front yard set back but, exceeded the Bulk Schedule area volume minimumt. When we [HHT & BAC] acquired the subject lot in 1996 it had been recognized in1947, it was single and separate, improved [with garage/boat house] and conforming to the Southold Bulk schedule for lots created prior to April 1957. It was acquired solely to be improved by the replacement of the existing structure with a one family residence at a later date. In order to keep the subject lot single and separate it was deeded in two names [HHT &BAC]. Subsequently, on 03/14/1997 for the purpose of estate planning and due to diagnosis of my progressive and deteriorating orthopedic injury, BCT was added to deed of the adjoining property by a Garden City NY Estate planning attorney. This was done first to preserve the single and separate nature of the property, and also to conform to my will and our intended unequal ownership interests in the property. During the ensuing years every effort was made to distinguish the subject property from our adjoining residence. A fence was added and rebuilt on the common side of the two properties and the existing garage structure provided a supplementary and architecturally defining structural delineation. The subject property was never landscaped or improved visually in order to sustain the lots separation. In May of 2006 we initiated our effort to further improve the subject property with a dwelling and we obtained a single and separate ["S & S"] title search policy and obtained advice about the project from a local attorney and a several surveyors. In June of 2006 we approached the Building department with our 1996 survey showing a hand drawn building foot print proposal and presented it and with the S & S to the building department to obtain "feedback" and to gain knowledge of the building application procedure and the preferred sequence of the other Town applications. The original 2006 S & S was provided to all Southold Boards and Departments. O.er the two ye s we were compaled to engage su eyo., pro£e4iona ena.eers and attoroeys to suppurt our numerous applieations to and conYersatio~ ~k applications began with a Building Department Application for Denial [the least expensive path] and most, if not all of these applications were accompanied by a copy of the S & S. and supporting letters. During that period we also met with and spoke multiple times to the NY State Department ofHe, aith and the NY DEC for comparable compatibility reviews of our intended application presentations across state and local jurisdictions. The required Public Trustee Heatings were held and noteworthy progress was made. We formally applied to the ZBA in January 2008, in anticipation of favorable outcomes from the Trustee and LWRP applications and we begin the appeal process. The Trustee's approval was granted with a Non Jurisdictional determination and permit in January 2008 and the LWRP concluded our application was exempt in May 2008 and so advised the ZBA and other interested parties The ZBA held its first public hearing on our application on May 29th of 2008. The ZBA was helpful and provided direction as well as identification ofthek issues and concerns. It was agreed that we would go back to our engineer and redesign a more acceptable proposal. The meeting was adjourned and carded over to the next available meeting, on July 24, 2008. Believing that we were on a path that would result in our obtaining the relief we sought we directed our engineer re-design the building and increase the side yard setbacks to diminish the mount of relief we needed. On Friday afternoon July 18, 2008 at 3:25 PM a Ms. Vicky Toth of the Southold building department lef~ a voice mail message advising that they had a question regarding the S&S we had provided multiple times. Her call was returned the following Monday, July 21, 2008 and her question was answered. She advised that "Legal" would get back to me if there was a problem. On the eve of the ZBA hearing, July 23, 2008 at 4:10 PM and 4:29 PM, Michael Verity of the building department called and advised that he thought there was a problem with the S&S and advised me I could either request postponement of the ZBA hearing or go forward with it but advise the ABA that there would likely be a problem. I requested a meeting with him, pre ZBA hearing, the following morning and he agreed. Onthe mo ng of July 24, 2008 met with Michae Verity Vicky Building Department. During the meeting I posed a number of questions r-elat~edn~the2 application process and related administrative procedures. All the questions were responded to. The following are salient facts obtained, from my perspective. The Township uses the Suffolk County Tax Maps, not their own, for issues related to zoning and assessments. The Township does not strike-offproperties deemed to have merged, or properties formerly recognized and conforming that have since become nonconforming due to Bulk Schedule changes, from the tax roles. The properties remain taxable. The ownership of a property deemed merged does not change as a result of the merger. The Township does change the status of properties formerly recognized and conforming if a superceding Bulk Schedule update requires greater area dimensions than the properties have. [unverified] The explanation of the mason why the problem with the S&S took two plus years to be identified and recognition of the sale of the adjoining lot took almost three years to detect was simply that "it fell through the cracks" and "someone dropped the ball" Mr. Verity also said that this does not happen often and he apologized for the building department's eleventh hour notification of the problem. I also asked for their advice on how to proceed. They both recommended that I apply for a waiver of merger and keep it separate from the application about be heard later in the day in order to save the progress already made and to avoid having to restart the entire process. In closing Mr. Verity suggested that I immediately contact the ZBA Board Assistant Ms. Kowolski, and ask how I should proceed with the hearing and advise the ZBA that there was thought to be a problem with the S&S. I did so and Ms Kowolski approached the ZBA chairman and he instructed me through Ms Kowolski to proceed with the hearing on the application as submitted to them UNINTENDED MERGER SCENARIO The adjoining lot was sold almost 3 years ago and we moved forward with our plans to build a replacement retirement home due to the absence any advice or sense that there was a problem. The subject lot is "recognized" and remains recognized having been creait,ed o~n January 04, 1947 [See Suffolk Count TaxMa 1000-31-14-11 as used by So_tliotd aownshin~tt ] Y P The lot has appeared on all published Suffolk County Tax Maps. These taxlmapshav~ been published from 06/25/73 to the present according to Suffolk County. The Southold Assessors Office confirmed that these tax maps are used by them for official purposes. The lots creation proceeded, by more than I0 years, the adoption of Southold Town's zoning ordinance [April 09, 1957] or the interrelated Bulk Schedule AA. [Added 11/28/95 and amended 07/22/97]. As such, the lot remains recognized to this day as per certain Township and County records. Further, the lots recognition is confirmed by the Zoning Board of Appeal's Bulk Schedule AA [Prepared by ZBA Office 08/31/01], which shows the following as minimum dimensions for lots recognized prior to 1957 as: "Lot Size Any", "Lot Width Any" and "Lot Depth Any". [See attached Bulk Schedule AA] The frontal roadside width of the subject lot is within one or two feet of the width of the two immediately adjacent and non-conforming westerly lots and visually similar to the character of them and others in the neighborhood. It is also 68.8% of the average area of the two adjoining lots. The subject lots non-conformity [side yard and front yard setback] is not materially greater than that of the adjoining lots and other lots in the neighborhood. Nonetheless, we respect the ZBA's relief limitations and charter to work within the confines of NY Town Law 267-b. We have worked and will continue to work with the Board to obtain their grant of the minimum relief necessary to enable us to enjoy the benefits of a new dwelling on our land, while preserving and protecting the character of the neighborhood. Such relief is unachievable by a different method. The subject lots seaward back yard set back, however, is more than conforming to the town codes and is arguably and appreciably more environmentally friendly than many of neighboring non-conforming developed properties. [See attached Trustee permit and LWRP exemptions granted] The non-conforming physical characteristics [deep but narrow] of many of the neighborhood lots has resulted in the construction of homes which are visually comparable to a house we will build if approved. Such an improvement would further enhance the esthetics and harmonious characteristics of the neighborhood due to replacement of the existing unattractive and visually encroaching structure. Consequently we obtained an S&S Title Policy on May 09, 2006 nammg_~,d, - mdemmfy~ng The Town of Southold south for $25,000 and presented same.m the Building Department in June 2006 for feedback. Based on this and on the advice the tom we proceeded to make applications to the requisite town boards, beginning with the Trustees and the LWRP. We have since obtained approvals or equivalents fi.om both entities. For a totally unrelated estate planning purpose as detailed above and with full cognizance that the S&S had to be protected BCT was unnecessarily added to the adjoining [now sold] property deed by the Garden City Estate attorney we engaged. This was after having been assured by the attorney that all measures undertaken would sustain the lots separation. Due to the elapsed time fi.om this action to date we no longer have any legal recourse to the erring attorney available to us. This was not a self created problem but rather one resulting fi.om subsequently enacted more restrictive area requirements. And, although we maintained the dissimilarity of the names on the deeds as a clear indication of our intended separation of the properties, it apparently has insufficient legal underpinnings to uphold the division of the lots. The subject never intentionally serviced the adjoining residence and remained distinctly separate physically to preserve its status Before the merger determination we owned a recognized, buildahle and S&S lot that we purchased to build on for retirement purposes. The lot was an excellent candidate for permit approvals, albeit it one with variances required. As a result of the merger we now have an unbuildable lot with a legal status that is undetermined except for its recognition on the tax maps and tax roles and the resulting liability therefi.om. I have been advised by the town that we still own the property and I believe this to be a fact but, our ownership is apparently not coupled with any time-honored property rights, only liabilities. We are concerned that we may be called upon to defend our legal ownership of the subject lot fi.om others who may, misguided or otherwise, attempt to interpret the merger determination for their own self interest. In summation, we are now past the point of no return to build or acquire a retirement home due to the time and money expended to date and we can no longer afford to purchase a comparable lot or another home. We, without a waiver, cannot avoid being left with a valueless "no mans land" replete with liabilities and no means to acquire an alternative residence. There will be no significant alterations of the natural details, contoursior slopes of~he . land and there will be no substantial filling required. To the contrary, tho~gesult ~Of~e~s~~' voluntary restrictions and, more importantly, the Trustee's permit and ~LXO~P~ ........... exemption are evidence of the beneficial environmental affect the proposed changes will bring to the seaward side of this Orient harbor lot. The property will in fact remain more environmentally and ecologically stable, resistant to erosion and, at the least, neutral as respects any other flood concerns than many other properties in the neighborhood. Resp/~u~mitted, · (¢dlytX'~-~/ba~aA Cadwallade: -' HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 To: Zoning Board of Appeals Southold Township - FEB - 2 200g January 30, 2009 ZBA # 6264 Subject: AREA VARIANCE - Our application to the Southold Town Board of Appeals for our property - C T M # 1000 31 14 11 Please consider this as our written confirmation of our oral request to table the hearing for the subject variance until the next available date. We also acknowledge that the application will be heard at a public meeting on May 28, 2009. Respectfully submitted, enryH a~/&~B~arbara A Cadwallader AGE NEW NORMAL DATE BUlL )lNG CONDITION BELOW Value Per Acre LAND Woo~lm'ld Bru~la~ld ~ Hou~ Plot TOTAL I o.90o I W ,. ~, ~fpE OF BU ILDII'~ J,ND. jc. FARM COMM. DATE /'[ - 7:3 LOT I Est. Mkt. Value TOWN OF SOUTHOLD II~COM) CAID LOT LAND AGE BUILDING CONDITION ) Farm Acre Value Per Acre Volue /~vC ~C~ /~/O -- Tillable I Bldg. I I Foundation Bath · enslon Ext. Wat[s Interior FiniSh 'enslofl Fire Place Heat --I~ ~ -- Porch Rooms 1st Floor ,'e'z~ay Patio P, ooms 2nd Floor ,J ~, ,~, b' · ,.) Ddveway HENRY H TRAENDLY BARBARA A CADWALLADER PO Box 1589, Jamesport NY, 11947 (631) 779 3167 [fax] (631) 779 2647 (hhtraendly~msn.com) By Facsimile to (631) 765 9064 and USPS Mail RECEIVED BOARD OF APPEALs March 18, 2010 To: Chairperson Ms. Weisman Board Assistant: Ms Toth Cc Members of Southold Town Zoning Board of Appeal Subject: Compliance with the Boards 03/10/10 facsimile regarding lot area and proposed coverage for our Area Variance Application # 6264 The purpose of this letter is threefold: First, to confirm our understanding of the information the board seeks for the lots "area and lot coverage proposed, from road to Coastal Erosion line"; And Second, to confirm that we will provide this on a revised survey iteration prepared by our surveyor with his calculations of the lot area and proposed coverage area with its % of lot coverage. Our Question[s], regarding the above Do you or will you require any other information or drawings at this time and if so, what is it? And, Third, based on our engineer's and surveyor's advice that they have backlogs of work, we ask the Board allow us to carry over this hearing until May 2010 rather than April 2010. Respectfull~~ Henry H ~A Cadwallader HENRY H TRAENDLY BARBARA A CADWALLADER PO Box 1589, Jamesport NY, 11947 (631) 779 3167 [fax] (631) 779 2647 (hhtraendly~msn. com) By Facsimile and USPS Mail To: Chairperson Ms. Weisman RECEIVED gAR 1 2 2010 BOARD OF APPEALS March 10, 2010 Board Assistant Ms Toth Cc Members of Southold Town Zoning Board of Appeal Subject: Compliance with the Boards 03/08/10 telephonic requests for information regarding our Area Variance Application # 6264 The purpose of this letter is twofold, First, to confirm that our understanding of information required, as conveyed by Ms. Toth during our telephone conversation is, correct and complete. And second, to ask questions regarding other attributes to be shown on the survey. Our understanding We are to provide the board with a new survey showing the coastal erosion zone line and the calculation of the lot's volume [area size] from the landward properly line to the coastal erosion line. Our Questionls] - Do you or will you require other physical attributes of the unimproved physical of the property? - Do you require the footprints of the existing structure and any previously proposed structures? - What is the tentative date of the April 2010 Hearing Ms. Toth spoke of?. We ask for your forbearance and that you understand that we are time constrained by our surveyor's and engineer's lead time restrictions and again look forward to your guidance. Respectfully submitt/9~ ~ ~r Jtt(T ~,~,' Henry }L~xaendly & B~fbara A Cadwallader / Town Annex/Fh'st Floor, Nors Fork Bank 54375 Main Road (at Youngs Avenue) $ou[hok[ NY 11971 htlp'-//southoldtown.norttfforL net BOARI) OF APPEALS' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 53095 Main Road P.O. Box 1179 $outhold, NY 1.1971-0959 FACSIMILE TRANSMITTAL SHEET TO: TOYAL NO, OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (p~ess I at voice recording) [] URGENT [] FOR YOUR UPDATE ~ PLEASE COMMENT ~AS REQUESTED [] Please find attached copy/copies of the followi~. Tbankyou. Sender's Initials: / LOT COVERAGE PROPOSED //'/-~' / HOUSE AND PORCH 1284 S.F. OR 18~ DECK 542 $.F. OR 5~ LOT COVERAGE EXISTING C.,N~AGE 412 S.F, OR 6X / / / / / / / / / 15; LOT(~:~ MAIN ROAD 7,4 HENRY H TRAENDLY BARBARA A CADWALLADER PO Box 1589, Jamesport NY, 11947 (631) 779 3167 [fax] (631) 779 2647 (hhtraendly~msn.com) By Facsimile and USPS Mail March 02, 2010 gAR - 5 2070 To: Chairperson Weisman Cc Members of Southold Town Zoning Board of Appeal Subject: Compliance with th.e Boards r.equ.est for architectural and floor plans for our Area Variance Apphcation # 6264 The purpose of this letter is to request your explanation of the, hopefully minimum, details you require on the plans to satisfy both the board and the Town's S 280-134 Architectural review standards. My understanding is that the subject application is exclusively for a lot area variance which is carried over from the August 27, 2009 Public hearing. As such, I ask that board recognizes, amongst other factors, that we are retired and rely on fixed income for our finances. We are somewhat concerned that commissioning of a full set of architectural and building plans for the proposed dwelling will be costly at this phase of the application. Hence, we have made our request for definition of the minimum necessary to satisfy the board. We are not, however, seeking special treatment or concessions in any way, merely a definition to contain costs. We look forward once again to your advice and guidance and, consideration in reviewing this petition. ~" ff~dly & Ba~ A Ca~wallader ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Application of HENRY TRAE.~BtAr-m~ BARBARA CADWALLAD~ For Area Variances For Property Located At: 13000 Main Road, East Marion, SCTM 1000-31-14-11 VARIANCE AND ZONING ANALYSIS Dated: May 11, 2010 Submitted by: Anthony C. Pasca Esseks, Hefter & Angel, LLP Attorreys .for AppIicarts 108 E. Main Street Riverhead, NY 11952 631-369-1700 INTRODUCTION The purpose of this memorandum is to provide background information and to summarize and analyze the variance and zoning issues before the Zoning Board of Appeals in the application of Henry Traendly and Barbara Cadwallader, for area variances to allow their property at 13000 Main Road, East Marion (SCTM 1000-31- 14-11) ("subject property" or "lot 11'), to be recognized as a lawful building parcel. The variances are necessary, by virtue of the July 25, 2008 Notice of Disapproval, which found that the subject lot had merged with an adjacent lot (SCTM 1000-31- 14-12). As described further below, this appeal (#6264) is the third application to the ZBA relating to the property. The first appeal (#6154) sought side yard variances to allow a proposed dwelling to be located on the property. That appeal was never decided and was put on hold because, during the public hearing process, the Building Inspector made the finding that the property had previously merged with lot 12. The applicants thereafter filed two separate applications: the first (heard under appeal #6207) sought a "waiver of merger" under Southold Town Code §§ 280' 11, and the second is the subject application (#6264), which seeks area variances under N.Y. Town Law § 267-b(3) to allow the subject lot to be recognized as a lawful building lot and, in effect, re-divided from Lot 12. The area variances seek relief from the R-40 standards for lot area (40,000 sf) and lot width (150 ft). The "Background and Supporting Evidence" section of this memorandum will provide the Board with the facts relating to conditions of the property, the surrounding neighborhood, and the history of the property, including the finding of lot merger and prior applications to the Board. The "Variance Analysis" section will then demonstrate, based on those facts, that the requested variances should and must be granted, because the benefit to the applicant - which is perhaps the most substantial benefit to be achieved for any area variance, since it is the difference between the lot being restored to its former status as a lawful building lot or being left as an essentially useless parcel - far outweighs any impacts that could be perceived on the community, which is a unique area in the Town. BACKGROUND ~ SUPPORTING EVIDENCE A. The Subject Property and Neighborhood The subject property was originally a single and separate building parcel. It is located on the south side of the Main Road, approximately 250 feet west of the Dam Pond Inlet and the Main Road causeway. The dimensions and conditions of the parcel are shown on the January 3, 2007 survey of Kenneth Woychuk, L.S., last revised on April 22, 2010 (Exhibit A). As depicted on the survey: · the lot is 7,087.05 sf, or 0.16 acres; · the lot has 35 feet of frontage on the Main Road, is approximately 200 feet long, and runs the entire length from the Main Road to Gardiners Bay (Orient Harbor); · the lot presently has a garage located on it (shown to be demolished); and · a proposed location for a 2-story dwelling is shown for information purposes, though this application does not seek approval for any particular dwelling (which is the subject of appeal #6154, to be decided if the lot is re-recognized as a lawful parcel). As explained in the supporting statement of John J. Nickles, dated May 8, 2010 (a copy of which is annexed as ]~xhibit B), the subject property is part of a unique neighborhood in the Town of Southold. The uniqueness is due in part to the narrowing of the mainland just before the causeway, to the point where the properties are waterfront and waterview lots with Main Road addresses. For visual reference, two exhibits are annexed to show the particular neighborhood in question (and the 13 lots at issue): Exhibit C is section 1000-31 of the Suffolk County Tax Map Exhibit, both in actual size and a blow'up of the portion at issue; and Exhibit D is an aerial photograph with the tax map parcel lines superimposed for reference purposes. The applicants have also obtained the property record cards for the 13 lots at issue. Copies of those cards are attached as Exhibit E. Based on the tax maps, property record cards, and applicants' visual observations, the twelve lots at issue, along with their sizes and improvements, are as follows: Parcel No. Area (acres) Improved? Conformance with R-407 1000-31-14-7 1.9 Yes Yes 1000-31-14-8.1 .49 Yes No (area/width) 1000-31-14-8.2 .49 Yes No (area/width) 1000-31-14-13 .51 Yes No (area) 1000-31-14-15 .47 Yes No (area/width) 1000-31-14-9 .49 Yes No (area/width) 1000-31-14-14 .28 Yes No (area/width) 1000-31'14'10 .20 Yes No (area/width) 1000-31-14-11 .16 Garage/Boat House No (area/width) (subject property) in poor con& 1000-31-14-12 1.01 Yes Yes 1000-31-5-8.1 .87 Yes No (area/width) 1000-31-5-9.1 .58 Building in poor No (area/width) cond. according to property card 1000-31-5-10.1 1.75 Yes Yes Thus, of the 12 properties in the neighborhood, including the subject property, only 3 appear to be conforming as to lot area and 4 as to lot width. B. Ownership and Unintentional Merger of Subject Property As of 1957, when the Town adopted its first zoning code, the subject property and adjacent parcels were separate lots, held in separate ownership since 1947. A copy of a certified chain of title search for the subject property and adjacent parcel (and a third parcel, located to the west of the subject property) is annexed hereto as Exhibit F. The chain of title search confirms that the subject property and adjacent parcel were held in single and separate ownership at all times from before 1957 until 1997. As described in the chain of title search, the adjacent parcel (Lot 12) was acquired solely by Henry Traendly in his name on December 16, 1988, by deed recorded on January 19, 1989, at L. 10772 cp. 208. Henry Traendly and Barbara Cadwallader thereafter acquired the subject property (Lot 11) on September 30, 1996, by deed recorded on October 11, 1996, at L. 11796 cp. 947. As previously explained to the ZBA, Henry Traendly was diagnosed in 1997 with a degenerative orthopedic injury. Consequently, on March 14, 1997, by deed 3 recorded on March 28, 1997, at L. 11822 cp. 965, the adjacent parcel (Lot 12) was placed in the names of both Henry Traendly and Barbara Cadwallader as an estate planning measure, but in a different form of their names as compared to the deed to the subject property (Lot 11). The applicants believed, at that time, on advice of their estate planning counsel, that the Town would not consider the two parcels "merged" under zoning because the names of the owners were described differently, i.e., the subject property was in the names of "Henry H. Traendly and Barbara A. Cadwallader" and the adjacent parcel was placed in the names of "Henry H. Traendly and Barbara Cadwallader Traendly, his wife." In the ensuing years, the applicants made every effort to distinguish the subject Lot 11 from the adjacent Lot 12. They rebuilt and added a fence on the common side of the two properties, and the existing garage provided a structural delineation of the two properties. The subject property was never landscaped or improved and was habitually overgrown in order to sustain the separation of the two lots. Believing the lots to be separate, the applicants conveyed the adjacent Lot 12 to Mike and Voula Niamonitakis on October 28, 2005, by deed recorded on November 17, 2005, at L. 12420 cp. 319. Copies of all of the aforementioned deeds are annexed hereto collectively as E,hlbit O. Copies of photographs of the subject property showing its distinct treatment from the adjacent lot are annexed hereto as E~hibit Gl. The applicants therefore owned both the subject property and the adjacent parcel for the period from 1997 to 2005, but they kept the title in different forms of their names and they kept the properties functionally distinct during that entire period. At no time between 1997 and the conveyance of the adjacent parcel in 2005 had the Town (or any official thereof) ever suggested that the two parcels had "merged" under zoning. To the contrary, at all times between 1997 and 2005, the Town assessed the properties separately and sent the applicants separate tax bills for each parcel. C. Permit Applicat/on History Beginning in 2006, the applicants began the process of seeking development approvals to allow them to construct a modest home on the subject property. Since the process is now four years old, much of which pre-dates the appointment of some of the current ZBA members, a chronological history is provided: 4 L fnitial Boilding Department Regiew The applicants obtained a chain of title/single-and-separate search from a title company, and approached the building department in June of 2006 with the title company's search and with a copy of the survey, in order to obtain feedback from the building department. At that meeting, the building department did not express any concern that the properties has merged. On November 13, 2006, the applicants formally applied to the building department for a denial, and they again provided a copy of the single-and-separate search. The building department issued a formal notice of disapproval in November of 2006, again with no finding of any merger of the lots. A copy of the November 17, 2006 Notice of Disapproval is annexed hereto as ]~xhibit H. Town Trustees' Regiew aud Pe_rmit Because the subject property is located on Orient Harbor, the applicants first formally applied for a permit from the Southold Town Trustees under Chapter 275 of the Southold Town Code. During this period, in May 2007, they also reapplied for a denial from the building department, as the previous denial was deemed to have been outdated. The building department issued an amended and renewed Notice of Disapproval on May 24, 2007, again without any finding of a merger. A copy of that notice of disapproval is annexed hereto as F, xhibit I. As part of the Trustee application process, the Trustees referred the application to the Town's Conservation Advisory Council and to the Town's Local Waterfront Revitalization Program (LWRP) Coordinator, Mark Terry. The LWRP Coordinator, in a May 10, 2007 letter, recommended that the proposed application be found inconsistent with the LWRP. During this interim phase, the applicants instructed their engineer to revise the site-plan to accommodate the Trustees and comply with the LWRP and related environmental standards. The revised (and ultimately approved) plan in fact exceeds Town Code standards for set backs from the water and is substantially greater than many if not most developed properties in the neighborhood. On January 23, 2008, the Town Trustees unanimously approved Petitioners' application, in a 5'0 vote. A copy of the Town Trustees' January 23, 2008 decision and permit is annexed hereto as E~hlbit J. In that decision, the Town Trustees rejected the LWRP Coordinator's recommendation that the application be found inconsistent with the LWRP, and instead, the Town Trustees expressly found that the revised site plan and application demonstrated, among other things, that: (a) "...the structure complies with the standards set forth in Chapter 275 of the Southold Town Code"; (b) "...the project as proposed will not affect the health, safety and general welfare of the people of the town"; and (c) the project, as proposed with mitigation measures, is "Consistent" with the LWRP. 3. ZBA Appe~] #6154 (~etb~ck Vari~aces) The project, as approved by the Trustees, did not conform to certain dimensional standards in the zoning code, namely, side- and front-yard setbacks, so the applicants applied to the building inspector for a Notice of Disapproval in order to begin the variance process with the ZBA. When the applicants applied for the Notice of Disapproval, they again submitted the single-and-separate search to the Building Inspector. They received a Notice of Disapproval, dated January 30, 2008, stating that the minimum single and total side-yard setbacks and front-yard setback standards were not met. A copy of the Building Inspector's 1/30/08 Notice of Disapproval is annexed hereto as Exhibit K. In the 1/30/08 Notice of Disapproval, the Building Inspector once again did not deny the application on the grounds that the subject property had merged with the adjacent parcel. The applicants appealed the 1/30/08 Notice of Disapproval to the ZBA (under appeal #6154), and asked the ZBA for the required area variances to allow the development of the project as approved by the Trustees. This time, when the ZBA application was referred to the LWRP Coordinator, he found, in a 5/28/2008 letter, that the application was exempt from the LWRP. A copy of the exemption determination is annexed hereto as Exhibit L. The ZBA opened the public hearing on Petitioners' application on May 29, 2008, at which point certain ZBA members suggested increasing the eastern side yard setbacks. The application was adjourned until the ZBA's July 24, 2008 meeting. Some excerpts of that hearing are annexed hereto as Exhlbit M. The applicants asked their engineer to redesign the building to increase the side yard eastern setback by 53.8% and to elongate the length and reduce the width of the proposed building, thereby decreasing the magnitude of the variances needed and permitting future increase of the western side yard setback sufficiently to accommodate the directions of the ZBA. On July 18th 2008 the building department again issued a disapproval, based on those new plans, that did not find any merger. 6 4. Building Department F~udlng o£Merger With Lot 12 On the eve of the ZBA's continued hearing, July 23, 2008, Building Inspector Michael Verity called and advised Mr. Traendly that he thought there was a problem with the single and separate search and that the properties had likely merged when they were held in common ownership between 1997 and 2005. The morning of the ZBA's meeting on July 24, 2008, Mr. Traendly met with the Building Inspector to discuss the issue, and he was told that the merger issue had not been discovered sooner because it "fell through the cracks" and "someone dropped the baH." The building department acknowledged that they were aware that the ZBA public hearing was scheduled for later that day. Later at the ZBA's meeting, the ZBA was informed by Mr. Traendly that this was a potential issue, but no formal written determination had been issued by the Building Department yet, so the ZBA adjourned the hearing on the variance application until the board's September 25, 2008 meeting. The hearing was not attended by any member of the building department. On July 25, 2008, the Building Inspector issued an amended Notice of Disapproval, which added to the prior notice a finding that "the subject lot has merged with an adjacent lot to the northeast (SCTM #1000-31-14-12) pursuant to Article II Section 280-10 ..." Acopyofthe7/25/O8amendedNoticeofDisapproval is annexed as ]~xhibit N. The determination of lot merger was based on section 280' 10 of the Southold Town zoning code, which provides: A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lost shall merge until the total lot size conforms to the current bulk schedule requirements. E. Effect of merger. No building permit or other development entitlement will be issued by the Town until this section has been complied with. The Building Department will issue a written determination whether a 7 property falls within an exemption to the merger provision. 5. ZBA Appe,~l #6207: Application £o~' Waiver o£Merg~r At the time of the Building Inspector's July 25, 2008 determination, the zoning code authorized the ZBA to entertain applications for a "waiver of merger" under § 280-11 of the Southold zoning code, which provided (at that time) a four' part test for granting such waivers.~ Shortly after the Building Inspector's determination, the Town Board held a public hearing on September 9, 2008, to consider amending § 280-11 to change the criteria on which the ZBA could grant a waiver of merger. According to the transcript of that hearing, there was virtual unanimity of opinion expressed that it was too difficult, if not impossible, under the then-existing criteria, to obtain a waiver of merger, because the ZBA had been turning down all applications for several years, and that the criteria should be relaxed in order to allow some landowners to obtain waivers of merger to avoid the unjust results of a merger. After revising the proposed law, the Town Board unanimously adopted an amended 1 Section 280-11 read, at that time: A. If a lot has merged; the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. 8 "waiver of merger" statute at its October 21, 2008 meeting.2 In the local law adopted by the Town Board, the board explained that the "purpose of this amendment is to provide an additional path by which owners of lots deemed 'merged' may apply to waive those mergers under certain circumstances." On December 18, 2008, the applicants filed an application for a waiver of merger under the newly-amended § 280' 11 of the Southold zoning code (ZBA appeal #6207). (Around the same time, they also flied the alternative application for variance relief under appeal #6264, which is discussed below). The ZBA held a public hearing on the waiver of merger application on January 8, 2009. A copy of the transcript of that public hearing is annexed as Exhibit O. At the public hearing, Henry Traendly appeared, without counsel, and explained his written submissions and the reasons for granting the waiver of merger. At that hearing, not one board member offered a negative comment about the analysis offered by the applicants at the hearing and in the written submissions. To the contrary, aH comments from Board members were supportive. Moreover, none of the applicants neighbors spoke in opposition to the application; the only person who spoke at all on the application (other than Mr. Traendly and ZBA members and staffl, was Town Planning Board member, Joseph Townsend, who lives across the street from the subject property, and who did not actively support or oppose the application but raised certain questions to the Board (at pp. 291'94 of the transcript). 280-11 was amended to provide as follows: A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected; and (2) Upon balancing whether: (a) The proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood; (b) The lot proposed to be recogmzed is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation; and (c) The proposed waiver and recognition wi]] not create an adverse impact on the physical or environmental conditions in the neighborhood or district. 9 The applications for setback variance relief (#6154) and lot area variance relief (#6264) were raised at the waiver of merger hearing (#6207), but it was acknowledged by both the applicants and the Board (and its counsel) that the setback variance application (#6154) would be addressed if and when the lot were deemed a valid building lot (either through a waiver of merger or a lot area variance), and that the lot area variance application (#6207) would be treated as an "alternative" to the waiver of merger application and would be "tabled" pending the outcome of the waiver of merger application. (See Exhibit O, pp. 303-305, 308-309) At the ZBA's next meeting (January 22, 2009), the ZBA voted to deny the waiver of merger application. A copy of the written decision is annexed hereto as ]~rhibit P. Although the applicants had already filed their alternative application for variance relief, applicants had to preserve their rights to challenge the 1/22/09 decision by commencing an Article 78 proceeding within the 30'day statute of limitations to bring such claims. Nevertheless, in light of the possibility that the alternative application for variance relief could render the "waiver of merger" decision moot, the applicants' counsel and the ZBA's special counsel have voluntarily "adjourned" the Article 78 proceeding several times in order to allow the alternative variance application to proceed to a conclusion. D. Application (#6264) for Lot Area and Width Variances The current application before the ZBA is the alternative request for lot area and lot width variances to re-recognize Lot 11 as a lawful building parcel despite the lack of conformance to the R'40 lot area (40,000 si) and lot width (150 ft) requirements. The applicants have already submitted written evidence in support of the application. Although the waiver of merger application was reviewed under a different test than the area variance standards of Town Law § 267-b(3), many of the facts supporting the waiver-of-merger application also support the variance application. In addition to the various exhibits already described above and attached to this memorandum as exhibits, the following additional exhibits are attached to this memorandum in support of this application: ]~xhibit Q: December 9, 2008 letter from applicants to ZBA in support of this application (#6264); · l~.,hibit R: December 4, 2008 addendum to this application entitled "Area Variance Reasons" (#6264); Exhibit S: December 4, 2008 letter from applicants to ZBA in support of this application (#6264); l0 · Exhibit T: August 11, 2008 (updated December 4, 2008) letter from applicants to ZBA in support of waiver of merger application (#6207); · Exhibit U: December 18, 2008 letter from applicants to ZBA in support of waiver of merger application (#6207); and · Exhibit V: December 22, 2008 letter from applicants to ZBA in support of waiver of merger application (#6207). Additionally, shortly after filing this application, the applicants filed a separate application with the Planning Board for a re-subdivision of the subject lot. That application has been on hold pending the outcome of this application. The Planning Board, without hearing any of the Applicant's arguments in support of the application, issued an August 25, 2009 Memorandum recommending a denial of the application. (See ]~xhlbit W). The errors in the Planning Board's analysis will be addressed below. VARIANCE ANALYSIS .4. 2~e He~et~t to tJhe Apph'ea~t Unlike the waiver-of-merger standards, which are mechanical and governed by fixed preconditions, this application is governed by the statutory "balancing test" set forth in Town Law § 267-b(3)(b), which requires the Board to "take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant," with consideration of five ~numerated factors. The starting point of the variance analysis is, therefore, the "benefit to the applicant if the variance is granted." All possible detriments must be weighed against that benefit. There can hardly be a more substantial "benefit to the applicant" than presented by this case, for the difference between the variance being granted and denied is the difference between the applicant's recovering the lost value of their retirement asset as a result of the unintentional merger that occurred - unbeknownst to them and the Town - before they conveyed the adjacent Lot 12 to the Niamonitakises. This is not a case where a developer is trying to maximize profits. This is not a case where a homeowner is trying to obtain an amenity for an existing home. This is not even a case where an owner or builder knowingly purchased an otherwise unbuildable parcel but nonetheless asked the Board to grant variances to make it buildable. Instead, this is a case where the applicants purchased a lawful building parcel in 1996 as a retirement asset and are seeking a ll variance to undo the most extraordinary hardship - i.e., the complete loss of buildability (and value) of their property that occurred when an estate-planning lawyer from Nassau County unintentionally placed the properties in common ownership under the mistaken belief that the form of the names would prevent their merger. The benefit to be obtained from the variance is the difference between the restoration of value of the applicants retirement asset versus essentially a complete loss of that asset. Weighed against that substantial benefit, any potential detriment to the community pales in comparison. B. The Fi~n~ Fac~tors o£Town Law ~ 267'b(3)(b) 1. Character o£the Neighborhood The first of the five factors in Town Law § 267-b(3)(b) is "whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance." See Town Law § 267'b(3)(b)(1). Typically, this factor requires the Board to view the prevailing characteristics of the neighborhood to determine the similarity or dissimilarity of the proposed development as compared to the existing community. In this case, the neighborhood is not defined by a standard development pattern but is defined by its unique location at the narrowing point of the mainland, just before the causeway to Orient. As explained by the applicants' expert in valuation and real estate, John Nickles, Sr., the building parcels within approximately 500 feet of the subject property form a unique neighborhood of essentially waterfront properties with Main Road addresses, with the properties on the south side of the Main Road being unique among themselves. Of the ten properties on the south side of the main road in the area, eight (including the subject property) are undersized and nonconforming, and all are improved with residences except for the subject parcel. Of the four properties on the north side of the Main Road within 500 feet of the subject parcel, two waterfront parcels are conforming in size (one being an "estate-sized" parcel of 5.7 acres, with a set-back home, that is not really part of the "Main Road" causeway neighborhood), and the other two parcels are undersized and nonconforming. Mr. Nickles has also opined, based on his experience, that the development of this one parcel will have no noticeable impact on the character of the community. Given that the community is already unique and mostly undersized, the development of this remaining parcel will not change that essentially character of the community. 12 Moreover, whatever minimal effect the Board could perceive from the variances is isolated and will not be cumulative over time. The applicants' parcel is the last of the ten parcels south of the Main Road in the area left undeveloped. It is also the only parcel that is suffering from the unique circumstances of an unintentional merger, where the owners acquired the property as a single-and- separate lot but lost that status as a result of an attorney's error during an estate- planning process. The granting of the variance under these unique circumstances will therefore have no precedential effect, and will not lead to future applications that could have a cumulative adverse impact on the character of the community. Accordingly, any effect on the character of the community would be unnoticeable and isolated. £. Availability of Alternatives The next factor requires the Board to consider "whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance." See Town Law § 267-b(3)(b)(2). The benefit to be achieved by the applicant is to re-establish the buildabflity of the previously buildable parcel. The applicants have already pursued to achieve this benefit through the Town's "waiver of merger" process. There is, at this time, no alternative to the subject application. 3. S~bstantiality o£ Variances The third factor requires the Board to consider "whether the requested area variance is substantial." See Town Law § 267-b(3)(b)(3). In the abstract, the variances may appear substantial, as they reflect about a 82% variance from the 40,000 sflot size standard and a 77% variance from the 150- foot lot width standard. The Town Law test, however, is not to be applied mechanically, as experts and courts both agree that the substantiality of a variance must be viewed in context, rather than through simple mathematical comparisons. As one commentator notes, "common sense must prevail and the percentage deviation from the legislated bulk requirements should not be considered in the void." Rice, Practice Commentaries, Village Law § 7'712'b. Rather, "the effect of the magnitude of a requested variance must be considered in the context of all the relevant statutory criteria, the requirement in the zoning law, the nature of the area and the effect which the variance may have on adjoining properties." Id. As another commentator notes, this factor "is not achieved by using a simple 13 mathematical formula," but must be viewed in the context of the surroundings and circumstances of the individual case. Salkin, New York Zoning Law and Practice, §29:37, pp. 29-57 to 29-58 (4th ed. 2000). Several cases illustrate the requirement that the magnitude of the variance must be considered in context, and these cases further confirm that where most of the other properties in the area are nonconforming, a variance that would otherwise seem substantial in the abstract is in fact de minimis in context. See, for example, Nice£oro v. ZBA o£To~,n o£Huntin~ton, 147 A.D.2d 483 (2d Dep't 1989) (variance from the lot width requirement is not substantial where two-thirds of the community failed to meet the requirement); Witzle v. gonirg Bd. o£Appeals o£ To~zn of Berne, 256 A.D.2d 775 (3d Dep't 1998) (variance was allowed where numerous lots in the surrounding area were nonconforming). Here, of the ten parcels south of the Main Road in the neighborhood, 8 of the 10 lots are substandard as to lot area, and 7 appear to be substandard as to lot width. Of the three parcels north of the Main Road, two are substandard to both lot area and lot width. Although the precise setbacks of the structures on the properties have not been verified, a review of the aerial photograph (Exhibit D) confirms that many of the structures appear to encroach within the required side- yard, front-yard, or rear-yard setbacks of the individual lots. Moreover, many of the substandard parcels are substantially undersized. In fact, the subject property is the third in a trio of parcels (including lot 14 and lot 10) that are about a quarter acre or less, with 35'37 feet of frontage. Of the seven other substandard parcels south of the Main Road, the range of deviation from the conforming area requirement is approximately 50-80 percent. Thus, the neighborhood is currently predominantly nonconforming, thereby rendering the requested variances minimal in context. 4. Impacts on Physical or Environment Conditions The fourth factor requires the Board to consider "whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district." See Village Law § 7-712-b(3)(b)(4). We do not believe there is any evidence or suggestion that the area variances will have any adverse physical or environmental effects on the neighborhood, particularly given the permitting process that has been and will be followed before any home could be constructed on the property. The applicants have already been through a permitting process with the Trustees, whose jurisdiction is to protect the 14 wetlands. The applicants had previously started the process with this Board, through that process was stalled once the Building Department issued its finding of merger in July of 2008. That process will have to be continued if the Board approves these variances to re-establish the lot as a building parcel. The permitting process will ensure that the particular development plan is undertaken in the most suitable and environmentally-protective manner. 5. V~hethe~ Dif~culty Was "Se]_f-Created' The Board may also consider (but may not deny a variance exclusively on) the final factor as to "whether the alleged difficulty was self-created." See Town Law § 267-b(3)(b)(5). The hardship here was not "self-created" because it was the result of an attorney's error. As described above, the applicants' estate-planning attorney had placed the parcels in common ownership but believed (incorrectly) that no merger would occur because the form of the names of ownership were different. The applicants had received separate tax bills for the properties for several years, and no Town official had ever suggested that the properties had merged before the applicants later conveyed Lot 12. In fact, the building department had - several times - approved the applicants' single and separate search before suddenly (and without prompting) issuing a finding of merger. This is therefore not a case where an owner acquired a property knowing of its development limitations. To the contrary, the property was acquired when it was a lawful single and separate building parcel and only merged by the unintentional consequence of the attorney error. The Board's Role This application is one that cries out for relief from the strict application of the zoning code. No rational argument can be made that justice is served by adhering to the unintentional consequence of the merger in this case. The very purpose zoning boards serve is to act as a "safety valve" by varying a zoning code when justice requires it. As our State's highest court explained: Zoning Boards of Appeals were created "to interpret, to perfect, and to insure the vahdity of zoning" through the exercise of administrative discretion ..... Often regarded as a "safety valve," Zoning Boards of Appeals are invested with the power to vary zoning regulations in specific cases 15 in order to avoid unnecessary hardship or practical difficulties arising from a literal application of the zoning law... Tall Trees Constr. Corp. v. ZBA o£Huntington, 97 N.Y.2d 86, 90 (2001). Given the substantial benefit to the applicants if the variance is granted, as compared to the minimal impacts that variance could have on the character of the community, the Board should grant the requested variances. B. The Morris Precedent In anticipation of a question as to whether the variance application can be entertained despite a prior denial of the waiver of merger application, the two remedies are distinct and have been treated as "alternative" options, since a property may not be eligible for a waiver of merger (which has statutory pre- conditions) but may still be entitled to a discretionary variance under the area variance standards. In fact, when the waiver of merger application was before the ZBA, this application had already been filed, and it was acknowledged that it would be pursued as an "alternative" ff the waiver of merger were denied. (See Exhibit O, pp. 303-305, 308-309). There is a precedent for this precise course of action, as this Board, in the application of Daysman and Nannie Morris, previously denied a waiver of merger application (appeal #5684) and then granted a subsequent variance application (#5737) to allow the "de-merger" through that procedure. The Morris property at issue was only 5,629 square feet, and also in the R40 district. Copies of the March 31, 2005 decision denying the waiver of merger and the subsequent July 21, 2005 decision granting the variances are annexed as E~hlbit ~L Notably, the Morris property is about 20% smaller than the subject property. Yet when this Board approved the variance application, some of its findings are similar to the circumstances at issue here. For example, the Board cited the following reasons in Morris in support of the variances: "The requested parcel.., and adjacent lot.., have a long history in both the subdivision and zoning records of the Town of Southold." (Here, the subject properW had been recognized as a separate parcel since before zoning, up until the 11th hour of the setback variance application) · "The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The 16 northern property.., has not been owned by Daysman and Nannie Morris since 1990, and there is no other alternative but to request variances." (The same is true here, as the other lot had been previously conveyed before the merger was "found" by the building department). As support for the finding that the variance would not have an adverse impact, the Board noted that the parcel "is one of the last unimproved lots in close vicinity to this property." (The same is true here). C. The p]~nnlng Board's Recommendation We obtained a "Memorandum" of the Planning Board, dated August 25, 2009 (Exhibit W), in which the Planning Board recommends against the approval of the variances. We believe the Planning Board did not have all of the facts before it and certainly did not entertain any argument by the Applicant before it rendered its recommendation. As a result, the recommendation should be disregarded for numerous reasons. The primary flaw in the Planning Board's analysis is that it simplistically recommended a denial of the application because of one factor, namely, that the requested area variance is mathematically substantial. Aside from the fact that, as explained above, the "substantiality" of a variance caimot simply be considered in the abstract, the more fundamental problem with the Planning Board's recommendation is that it is based on that one factor alone, and neither considers the other factors nor purports to balance the overall impacts of any variance as against the very substantial benefit to the applicant if the variance is granted. Ever since the State enacted the "five-factor balancing test" of Town Law § 267-b(3), the Courts have uniformly required zoning boards to follow that test by considering aHofthe factors. Time and time again, the courts have struck down decisions that failed to show that a zoning board considered all of the required criteria of Town Law § 267-b(3) (or its Village Law counterpart in § 7-727-b(3)). For example, in Peccoraro v. Humenik, 258 A.D.2d 465, 684 N.Y.S.2d 588 (2d Dep't 1999), the court annulled a denial of variances because the zoning board "failed to consider four of the five relevant statutory factors, and to engage in the requisite balancing test." That is exactly what the Planning Board has done in its recommendation. There is, of course, no single factor that dictates the outcome of a variance application, and the Planning Board did not purport to - nor could it since it did not have all the information before it - weigh all the factors that must be considered before deciding an area variance application. The Planning Board's simplistic 17 consideration of the size of the variance may be appropriate for the Planning Board's usual functions of site plan and subdivision review, where objective noncompliance may doom an application, but it is wholly inappropriate for the ZBA's review of a variance application, which presupposes such noncompliance and which, by State law, is governed by a balancing test that takes into account the benefit to be achieved by the applicant. A planning board applies zoning code requirements and has only limited powers to waive them (such as during cluster subdivisions), but the very purpose of a variance application is to determine if justice requires the relaxation of a zoning code for a particular circumstance. The Planning Board never did what this Board is charged by law to do: consider whether the so-called impacts truly outweighed the substantial benefits to be achieved by the grant of the variances so as to justify theft denial. That balancing test is what determines the outcome of an area variance application under Town Law § 267'b(3)(b), not simply pointing to the perceived impacts and concluding, from those impacts alone, that the variance should be denied. The Planning Board here never once bothered to acknowledge the substantial benefits to be achieved by the variances. It certainly never weighed those benefits against the perceived impacts. Finally, it should be noted that, to the extent the Planning Board stated in its memorandum that "the majority of the other surrounding lots do conform with or exceed the required applicable zoning minimum for the R-40 district," this statement is both untrue and does not imprecise, in that it does not identify what the "surrounding~' area is that the Planning Board is reviewing. As we have demonstrated to this Board, in the particular unique neighborhood at issue, the vast majority of lots (8 of 10 on the south side of the Main Road and 2 of 3 on the north side) are substandard in terms of size. Even if the neighborhood were expanded to the entire "Section 31" of the Suffolk County Tax Map (Exhibit C), a review of that map confirms that, while there are some oversized tracts in this section, the vast majority of the lots are undersized, particularly those along the Main Road, and the waterfront parcels along the bay and along Marion Lake. There is simply no basis to suggest that the majority of "surrounding lots" are conforming. 15 Conclusion We respectfully urge the Board to grant the requested relief. Respectfully submitted, Anthony C. Pasca Esseks, Hefter & Angel, LLP Attorreys for AppIicart Theodore C. Martz, Jr. 108 E. Main Street Riverhead, NY 11952 631-369-1700 19 S.C.T.M. NO. DIS]~ICT: I000 SECTION: J1 BLOCK: 14 LOT(S): 11 AREA LANDWARD OF COASTAL EROSION LINE: 5,849 SQ.FT. or 0.15 ACRES OVER ALL LOT AREA: 7,087.05 SQ.FT. or 0.16 ACRES PROPOSED LOT COVERAGE: PROPOSED HOUSE - 1,003 S.F PROPOSED PORCH W/STEPS - 18 S.F. TOTAL PROPOSED LOT COVERAGE 1,021 S.F. or 17.5~ LOT COVERAGE EXISTING GARAGE 412 S.F. OR MAIN ROAD N.Y.S. ROUTE 25 "3 .00' ~. P~POSEO . OF LAND Nfl 5.0' NORMA MILLER OF EDWAR0 BURTON ~) ~&0)8.0' PRO OSED TO BE OEMOLiSHE~ I ~ ~ OF ', I HENRY TRA~NDLY [[~. 7.4 COARSE · 5.0' G~L WATER EL 1.2 ~ ~ ~ ~.'~ FIRM ZONF ~ (~ 6) 16.2' ~ ~ ~ ~*~.>~ ~ ~ ~ EFFECTIVE DATE SEPT. 25, 2009 ~ ~ ~ ~-- ~ ~ ~ ~E WA~R SUPPL~ ~LLS AND CESSPOOL R~EO ~R~L 22, 20~0 ~ ~ ~ ~ ~ ~ ~ LOCA~ONS 5HO~ ARE FROM RELD OBSERVATIONS R~SEO ~CH 23. 20~0 AND OR DATA OBTAINED FROM OTHERS. 7,087.05 SQ.~._ O~ O. J6 AC~ES · ~ ~ ~ ~ ~ ELEVATION DATUM: ......................... AREA: UNAUTHORIZED At.RATION OR ADDITION TO THIS SURLY IS A HOLA~ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA~ COPIES OF THIS SURVEY MAP NOT BEARING ~E LAND SUR~YOR'S EMBOSSED SEAL SHALL NOT 8E CONSIDERED TO BE A VALIO roUE COP~ CUARANTEES INDICATED HEREON SHALL RUN ONLY TO ~E PERSON FOR ~OM THE SURLY IS PREPARED AND ON HIS EEHALF TO ~E ~TLE COMPAN~ GO~RNMENTAL AGENCY AND LENDING INSTITUTION L/STEO HEREON, AND TO THE ASSICNEES OF ~E LENDING INS~TUTION, GUARANTEES ARE NOT TRANSFERABLe ~E OFFSETS OR DIMENSIONS SHO~ HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUC~RES OR AND OTHER IMPRO~MENTS. EASEMENTS AND/OR SUBSURFACE S~U~URES RECORDED OR UNRECORDED ARE NOT CUARANTEED UNLESS PHYSICALLY EHOENT ON THE PREMISES AT ~E TIME OF SURVEY SURLY 0~: DESCRIBED PROPER~ CERTIFIED T0: BRYAN VIL~NTJ; FILED: SITUATED AT: ORtENT TO~ OF: SOUTHOLD ~NNETH M. WOYCHUK L.S. ~nd Su~e~ng and Desi~ PHO~ (831) 298-1588 F~ (831) 298-1588 FiLE ~ 26--~3~ SCALE: ~ "=~0' DATE: JAN ~, 2007 N.Y.s. LIE NO. 50227 maln~ininf ~e records of Robert J. Hennessy NICKLES East Main Road · P.O. Box 877 · Southold, NY 11971 Phone: (631) 76~3416 · Fax: (631) 765-4096 www. lewisandnickles.com May 8, 2010 Town of Southold Zoning Board of Appeals 54375Main Road Southold, NY 11971 Re: Application of Traendly and Cadwallader #6264 Premises: 13000 Main Road, East Marion Dear Chairperson Weisman and Members of the Board: I have been asked by Henry Traendly to offer my opinion, as a professional appraiser and real estate agent in the Town of Southold, as to certain matters relating to his application for area variances to allow him to "de-merge" and recognize his property at 13000 Main Road, in East Marion, as a lawful building lot. I am offering this opinion in writing, but I expect to attend the hearing on the application in case the Board has any questions relating to this opinion. By way of background, I wish to inform the Board that I am personally familiar with the subject property and its surrounding neighborhood. I have been an appraiser and licensed real estate broker in Southold since 1964, and have been familiar with the subject property for about the same time. I have personally visited the subject properW and reviewed its survey. I have listed and sold properties in the area, including the sale of a 4.5 acre bay front home at $3.6 million that is contiguous to the neighborhood as defined in this letter. For the record, I am attaching a list of my qualifications and experience. The first issue that I have been asked to address is the scope and characteristics of the neighborhood in which the subject property is located. Based on my experience and knowledge of the various areas and MEMBER: New York State Association of REALTORS National Association of REALTORS neighborhoods in the Town of Southold, I believe the subject property is in a small and unique neighborhood defined by its proximity to the Main Road/causeway and comprises the narrow area of mainland that exists (between two bodies of water) just to the west of the causeway and the Dam Pond Inlet. This unique neighborhood essentially includes all of the properties west of the inlet and within 500 feet of the subject property, at which point the mainland widens and the properties become either longer or "stacked" both north and south from Main Road. Once the mainland widens, the characteristics of that area and its properties change. Specifically, I believe this unique neighborhood consists of the following parcels (identified by their tax map numbers): 10 Parcels South of the Main Road {listed from east to west): · 1000'31'14'7 · 1000'31'14'8.1 · 1000'31'14'8.2 · 1000'31'14'13 · 1000'31'14'15 · 1000'31'14'9 · 1000'31'14'14 · 1000'31'14'10 · 1000'31'14'11 · 1000'31'14'12 3 Parce]s North of the Main Road (listed from east to west): · 1000-31-5-8.1 · 1000-31-5-9.1 · 1000-31-5-10.1 There are two other parcels on the north side of the Main Road and within 500 feet of the subject property, but it would be a stretch to call them part of this unique neighborhood. Parcel 1000-31-5-7.1 is within 500 feet to the west (north side) of the subject property, but the mainland has already widened at that point, so the parcel is a large estate-sized lot, with a residence set back hundreds of feet from the Main Road. Parcel 1000-22-3-26 is an undeveloped parcel of mostly wetlands and meadow, just east of the Dam Pond Inlet. I am not aware of whether that parcel could ever be developed, legally or practically. While I do not view these two parcels as part of the same Main Road/causeway neighborhood as the subject property, I believe they are worth mentioning due to their proximity to the subject property. The characteristics of the subject property's unique neighborhood are different depending on whether the properties are north or south of the Main Road. In many ways, the ten properties on the south side of the Main Road are unique in and of themselves. Those properties are unique in the Town of Southold generally, because they are bayfront properties with Main Road addresses/visibility, and no commercial properties, such as hotels and motels. They are typically smaller lots, with the two "end" parcels being the largest ones and the eight in between being all substandard to the R-40 zoning (at about a half-acre or less). Although four of the parcels are "stacked" two deep between the Main Road and Gardiner's Bay, the ten properties south of the Main Road are located on an Orient Harbor/Gardiners Bay shoreline that is protected with bulkheads and groins but also has a relatively healthy sandy beach. The nine other properties (besides the subject property) in this area are all improved with single-family residences. They are architecturally diverse homes designed and situated to take advantage of the open bay views to the south and east. The homes enjoy bayfront views but, because of the lot sizes and proximity to the Main Road, they lack the privacy typically associated with bayfront homes in other areas of the Town. The properties on the north side of the Main Road are also unique among themselves because they are situated between Dam Pond and the Main Road. Although one of those three properties is larger than 9 of the 10 properties south of the Main Road, it has substantial frontage directly on Dam Pond and thus has different developmental limitations due to the wetlands associated with Dam Pond, which limits the actual buildable size of this larger lot. The other two parcels are both substandard in terms of zoning. The second issue I have been asked to address is what impact the proposed "de-merger" and development of the applicants' parcel will have on the character of the neighborhood. Under the circumstances, and in my professional opinion, I believe that if the subject property were "de-merged," the development of a single-family home on the parcel will have no material or noticeable adverse impacts on the character of the neighborhood. My opinion is based on several factors, including the above-described characteristics that define this unique neighborhood. Of the neighborhood I described above, this lot is the only undeveloped parcel of the ten lots located on the south side of the Main Road. Assuming a modest house were constructed on the parcel, it would fit in with the character of the other typically small properties with bayfront homes on the south side of the Main Road in the neighborhood. Moreover, in light of the fact that the subject parcel had existed for many years as a vacant parcel and was only recently discovered to have been "merged" by the result of some attorney's error, this is not a case where other neighbors' property values were established based on an assumption that this lot would never be developed. To the contrary, the assumption from a real estate perspective could only have been that this lot was a developable parcel, just like the other 9 parcels south of the Main Road. I would be happy to discuss these opinions with the Board. Very tr~uly yours~ John',J. Nickles, REALTOR Emeritus, GRI, RSPS, GREEN JOHN J. NICKLES East Main Road Southold, New York 11971 (516) 765-3416 QUALIFICATIONS: 1962 - Present LEWIS & NICKLES, LTD. Southold, New York Appraiser and Licensed Real Estate Broker o Negotiating for the selling and leasing agricultural and business properties. o Real Estate Management. O O of residential, Independent Fee Appraiser (Commercial Properties) for North Fork Bankcorp, Mattituck, New York (1979 - 1991) Fee Appraiser, U.S. Veterans Administration (1977 - 1980) Attended seminars and classes sponsored by the Society of Real Estate Appraisers, including the Narrative Report Seminar, Introduction to Residential Real Estate Appraising 101, Appraising of Income Property 20 I. 1976 -1980 Certified as Instructor by the New York State Department of State, Division of Licensing Services to teach The License Law for Brokers and Salespeople. 1982 Governor - New York State Association of Real Estate Appraisers. 1988 Graduate Realtor Institute Courses I & II (G.R.I.) 1991-1992 Member - Transition Team; Planning, Economic Development & Environment for Suffolk Co. Executive Elect Robert J. Gaffney Suffolk County Supreme Court, has been qualified a an Expert Witness for the Valuation of Real Property . NOTICE ~ COUNTY OF SUFFOLK ~$~ R~ Properly T~x ~rvice SEE SEC. NO. 022 ? 1.2 14,3A(c) :OUNTY OF SUFFOLK FOWN OF SOUTFIOLD 1.1 1.OA{c) MAIN 2 B.4~tc~ LINE 5 5.1 2.5A 4,2 N 334~600 AERIAL PHOTOGRAPH OF CAUSEWAY NEIGHBORHOOD STUDY AREA (13 Lots) TOWN OF SOUTHOLD PROPERT~,I~CORD CARD /~ ~ ~ ~r OWNER ;TREET /.,~. ~ ~ ;~;2, VILLAGE DIST.... SUB. FORMER OWNER , :: /" N . E .. . ,, ~ /4 ~'Q~;~ ~-~4/~ ~, ~.~ S W TYPE OF BUILDING RES. ~ I 0 ~S. i VL. F~RM COMM. CB. MICS. Mkt. Value DATE RE~RKS / ~ ~ND IMP. TOTAL I I ~ ' ' Tillable FRONTAGE ON WATER //: / ~ ~ ~dowl~,~d DEPTH Hou~ Plot BULKHEAD ~ S, Tot~l Porch Breezeway Garage Patio Total z. : /7(, Foundation Bose,i)ent Ext. Walls Fire Place Type Roof /~/,~., Recreation Room Dormer JFl°°rs Rooms 1st Floor Rooms 2nd Floor ~ Driveway _____1. i ~inette DR; L~ BR. FN B 31.-14-15 9/06 COLOR TRIM 1st 2nd M. BI.dg Z~"f, 2. G,, ¢~'~"~ ~A_~ 5Z{_.7~ Foundat,on__ ce Fin. e. Bath 3 Dinette Extension ~ ~ ~ = ~ ( Basement ~ COMeO J interior Finish Extension Ext, Wails C~ ~,~t~ ~xte~ ¢~1 = ~ ~ Fire Place ~ Heat Patio ~ ~ ~ Porch X ~ ~ ~g = ~ ~ ~ Dormer Baths ~'~- Z~5 ~' Z> ~7~ ,~ t~__ Dock Earn. Rm. Deck ~ ~L~ · ~ q~= ~.~>~ Garage ~2~ ~ ' ~ ~_ ..... ~__S~ .... ~'~ OWNER STREET /~<~q/~ VILL~GE DIST.' SUB. ~ORMER ~NER N E , ' , AC, R~ S W TYPE OF BUILDING ~s. ~,~ ~As~s.~~. ~ co~. c~. ~cs. ~. ~ND IMP. TOTAL / DATE RE~RKS tillable , FRONTAGE ON WATER ~la~ . FRONTAGE ON ROAD ~ ' rmal ( ' 31-14-14 house 10/00 · Exte/nslon Patio Oo B, Foundation Basement Ext. Walls{ Fire Place Xy~e Roof Rmr~tion R~m ~/~'~ ,,, Rooms 1st Floor Rooms 2nd Floor Driveway FIN, B TOWN OF !:)UTHOLD ~I~OPERT~iIECORD CARD OWNER FORMER OWNER STREET VI LLAGE DISTRICT SUB. ACREAGE ,,~/~ TYPE OF BUILDING LOT ~ VL. IMP. '/~o o FARM~ TOTAL DATE ~._5~/> 0 HIDING C~IT~ O V~lue Per .,.~ff,~O/RMAL Acre AGE ,//~ ~ //,,~EW I~Y ABOVE Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot To to I M. Bldg. Extension Extension /,~ X Garage O.B. IO :oundation Basement Ext. Walls Fire Place Porch Porch Patio Driveway Bath Floors Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor TOWN OF ~UTHOLD PROPERTY~RECORD CARD /. --OWNER STREET / ~/~ ~:~'.~ VILLAGE DIST SUB. LOT ACR. E S W ~P[ OF BUILDING RES- ~]/0 S~S' VL. FARM CO~. CB, MICS. Mkt. Value . ~ND IMP. TOTAL DATE R~RKS  FRONTAGE ON WATER W~l~d" FRONTAGE ON ROAD iLOR TRIM 31-14-/3 3/03 M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Oo B. Total Foundation Basement Ext. Walls Fire Place Type Roof Both Floors Interior Finish Heat Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway Dinette LR. DR. BR. FIN. B OF ~UTHOLD ~OPERT~i~IRECORD CARD FORJv{~R-owNER , -- . RES. "1 LAND &lOG SEAS. IMP. II~2 ©(D VL STREET /'~ ~ ,~_~ N FARM TOTAL /7/ DATE AGE NEW NORMAL BELOW Farm Acre Value Per Acre Tillable 1 Tillable 2 BUILDING CONDITION DISTRICT SUB, ACREAGE TYPE OF BUILDING COMM. lIND. 'JcB. MISC. REMARKS LOT ~rl Est. Mkt. ¥olue Tillable 3 Woodland Swampland Brushlond House Plot COLOR Deck Breezeway Garage Pool 5', ZS" 957 tz5 ~ ~_ ~.... Foundation ~ ~15-- Basement \'~ t ~ Ext. Walls ~.~ ~ Fire Place ~7~ Dormer ~ O~ Driveway TRIM Bath Dinette Floors Kit. SLAB ~ ~O~'~ ~ Interior Finish L.R. ,Heat Woodstove Attic Rooms 1st Floor Rooms 2nd Floor / BR. Fin. B. OWNE~t ,FO~MEa OWNER G', f Ir~.~'~ STR~'~ .... ,~ VILLAGE DISTRICT SUB. LOT ACREAGE ' TYPE OF BUILDING ~ES. SEAS. LAND IMP. /~00 VL TOTAL FARM ~ COMM. I IND. DATE REMARKS I CB. J MISC. " J Est. Mkt. Value Farm Acre illable 1 liable 2 Value Per Acre liable 3 oodland ,ampland ushladd ~' ,use Plot [lOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK TOWN OF ~OUTHOLD Pi~OPERT'~RECORD CARD OWNER - k°R~ bwN~R S~S. -- VL. STREET VI LLAGE DISTRICT SUB. ACREAGE LOT RES. LAND AGE IMP. TOTAL ~z ,:~ C~ L':. © 0 / .... O F,~RM DATE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable. 3 Wcodland Swampland B rushlar~, COMM. mIND. CB. J MISC. 3/2 ~ REMARKS House Plot Total M. Bldg. [ Foundation I Bath Extension Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place Hem Porch Attic Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor : :/,~ ,q ,> b/ Driveway Garage ~ , , . O.B. ~~ '. ~ oPERTY~oRo CAR? NER STREET V~LLAGE .... DISTRICT SUB. LOT OW ~ ~ -- ~- .......... I /)'In tv~ ~'~':~, Il t/'''/'~u'~ ~ ' "' '.-~"~.- -- I _~''" ' "' ,,, .. '. . , TYPE OFBUILDIN~ RES. Il ~~"' I ....... I "' ~ i "-'" AGE /~-~ Fa rm Tillable 1 Tillable 2 Tillable Woodland Swampland Brushla~d House Ploy Total BU!L'DING GONDI~ION / Acre Volue Per~ ~::~alue M. Bldg. ,.~/ ~/~ ~ ~ 2 ~1 . Foundation ~7/_c Bath Extension 2~ ~ ', , ~5 ~ .? z/'~ ~ .,', ,,~.~ </~/ Basement ~ ,,r~- Extension '3 ~ '~o ~ ~ ~0 ~t. Wall, '~'~r~ '~' In~f Finish Extension xX~ /" <"~ F,re Place ~'J .~.~ ~e~ //" ~"'X ' Por~/ / Rooms 1 st ~, Breezeway ,,., Patio Rooms 2nd Floor Garage ,' Driveway O.B. / ~ ~ ---"4iL ~ iI,T:'q~RECORD CARD ~-_/( TOWN OF :,~.,UTHOLD PROPE ..~ OWNER STREET /r.~ ~ ~/~ ~) VILLAGE DIST. SUB. LOT S W ~PE OF BUILDING RES. S~S. ~ I VL. FARM ' COMM. CB. MICS. Mkt. Value ~N~ ~M~. ~ TOTAb DATE ~KS )g?~ L?~'~ ~0 TilI~I~ F~ONTA~ ~ ~AT~ M. Bl~g/,~ ~1 ~ ~ 4 :- ~,~""O,Z~ o~. ~ ~0 / Foundation Bath Exte~i~d ~1 = 2~ ~9~ I~ ~ Ba~ment Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch' Peol Attic Deck ~=8~ ) j~ ,~ ~-~' Patio RoomslstFIoor Breezeway Driveway Rooms 2nd Floor Garage TOWN OF S THOLD PROPERTY ~RECORD CARD OWNER STREET /2 C~"('~ C) VILLAGE DIST.' SUB. LOT TYPE OF BUILDING R~-Z,OVS~. ¢~ JF~ CO~. CB. MICS. Mkt. Value .... ~D IMP. TOTAL DA~ R~RKS ~ FRONTAGE ON ROAD ~ DE~H ~ p~ BULKH~D '~1 COLOR TRIM ' ~- ~' "1 '~ ii~ I ~, FoundGti~ ~' ~ Bo~ ~ Dinette ~ ~ ~ ~0% ~ ,~ ?~ Ba~ment ~ FI~ ~ K. P~h 9~t~ ~ / ~,~.h ~ t~ ~ ~ ,?~ g~ ~t. Walls ~ c~. nteri°rFInish LR. Br~zew~ ~ ~= ~ ~ Fire Place ~,B ~ ~t ~6~ DR. ~ ~= ~ ~ I~ ~ T~ R~f ~ ~ R~s 1st Flor BR. Patio ~. ~. ~ R~r~tion ~m R~ 2nd Flor FIN. B 0. B. -. ~r ~ ~ Driv~oy 14)O~-5 (- lZ~ -~. ~ TOWN OF SOUTHOLD PROPERTY'IIECORD CARD" -' ix/letup x~ , OWNER STREET I ~--~ ~, VILLAGE DIST. SUB. LOT .~. FOYER QWNER - ACR, J ~/~ ~ ~. ~D~l~, s w ~E o~ ~u~L~N~ RES. ~ ) ~ SEAS. Vl. FARM COMM. CB. MICS. Mkt. Value LAN D IMP. TOTAL DATE REMARKS Tillable FRONTAGE ON WATE~ W~land FRONTAGE ON ROAD Meadowl~d DEPTH ( House Plot BULKH~D Total Vl. Bldg. 2~<2~ ~ "~' ._.~ Foundation C.,, ~, Bath ~xtension )~ ~ ~ ~ __ Ba~ment ~ I~ Floors ~xtension I ~ ~ ~ Ext. Walls ~, ~ Interior Finish ~, ~xtension Fire Place ~0 Heat )orch Pool Attic )eck Patio Rooms 1st Floor ) reezeway O riveway Rooms 2nd FIoor ~arage COLOF TRIM 1 st 2nd ¢. ~,B.~ldg. c~~,O..v,..~ \Z70 ~_c~ct.~ Foundation ~ cs OTHER Bath ~ Dinette - ~ ~ F ~M~ ~P~ Floors Kit. Extension Basement Extension Finished B. Interior Finish ~([ L.R. Extension Fire Place I Heat ~, D'R' Garage Ext. Walls C~ ~ BR' Porch Dormer Baths Dec,Patio Fem. Rm. Pool Foyer A,C, Laundry Libra~/ O.B. Study Dock _~./TOWN OF EI~UTHOLD pi~OpERTY~IECORD CARD VILLAGE W DISTRICT SUB. ACREAGE TYpE Of BUILDING RES.~_I 6 SEAS. VL LAND IMP. TOTAL FARM COMM. J IND. J _.C~. ' MISC. LOT j ~ DATE JEst. Mkt~ Val.ue $/// ABOVE vo,u. ~00 Tillable 2 , Tillable; 3 Woodland Swampland House Plot '~,"' ~ : '"' ~ FRONTAGE ON WATER FRONTAGE ON ROAD DOCK M. Bldg. Extension Extension Extension undation Basement Ext. Walls Fire Place Bath Floors Interior Finish Heat Porch Roof Type /C Rooms 1 st Floor Rooms 2nd Floor Dormer Garage Patio TOWN OF S~JJTHOLD PROPERTY ~EGORD CARD /~6-31-17- 7 OWNER STREET /r-~ ,~ O ~ VILLAGE DIST. SUB.~_ LOT FORMER ~NER: . ~'~ ~ ' E , , ACR.~ Xe~ ~ ~.~ E , 5 ' ' W TYPE OF BUILDING ~s. ~t~ ~ s~s. w. ~,~ co~. .ND IMP. TOTAL DATE R~ARKS Wo~land FRONTAGE ON ROAD Meadowl~d DEPTH House Plot BULKHEAD Tota I Exter~ion Extension Extension Porch Breezeway Garage O. Toro ion ~ L~ Both ,~, ~.;, Dinette Basement /~' u ~_ ~- Floors K. Walls Fire Place Type Roof Recreation Room Dormer F Interior Finish Heat Rooms 1st Floor LR. DR. BR, Rooms 2nd Floor FIN. B Driveway /~'/TOWN OI~IOUTHOLD PROPERI~ RECORD CARD OWNER FORMER OWNER RES. HO IMP. LAND N ~ VL FARM TOTAL DATE VILLAGE CO '/',~. CB, MICS: DST. SUB. ACR. TYPE OF BUILDING LOT Mkt. Value REMARKS AGE BUILDING CON DITI O,,~ NEW FARM Tillable Woodland Meadowland House~J~.,~ Total BELOW// ABOVE Value Per Value Acre NORMAL Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~/s-O 30o M. Bldg. ExtenSion Extension Extension Porch Porch Breezeway Garage Total .Fire Place Recreatlo.n Room Dormer Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway DR, BR. FIN, B COLOR TRIM Pc Bath Dinette M, Bldg. 2 ~ Y~, = -.7cl p_ z~ ~.~_._ '~Z~ Foundation c~ FULL Extension ~ [~ = ~ 3 ~ ~O Basement s~sc~w~ Floors Kit. ~ ~ ~ ~ ~.[b ~ ~ ~O ~{~ Ext, Walls Interior Finish L,R. Extension ~ Y3~,~ ~ ~[ I~ Fire Place Heat D.R. Pati~o~- ~ ~ ~ ~ Woodstove BR. Porch ~ ~ ~ ~ ~ ~ ~ ~ Dormer Fin. B, Deck ~ ~ ~ Attic ~eez~way' i~ ~ ~ ~ ~ Rooms 1st Floor ~arage ~tq : ~q ~ ~.~ Driveway Rooms2ndFIoor O.B.. OWNER FORMI:R OWNER RES. LAND IMP. TOWN OF ~I~I)UTHOLD PRoPERT'~RECORD CARD AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Tillable Woodland Meadowland VILLAGE COMM. CB. MICS. Mkt. Value Volue Per Acre REMARKS SUB. ~ ~-se_. ACR. TYP£ OF BUILDING LOT DOCK BULKHEAD DEPTH House Plot Total FRONTAGE ON ROAD FRONTAGE ON WATER iOLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezewoy Garage Patio Total / 5-? ement Ext. Walls :ire Place Type Roof Recreation Room Dormer Floors Interior Finish Heat Rooms ist Floor Rooms 2nd Floor Driveway FIN. B .... ~*/ TOWN OF ~DUTHOLD PROPERT~RECORD CARD O~NER ~- ' STREET ,,/~,,, ~,~- VILLAGE DIST. SUB. LOT FORMER~WNER O ?' ~: ~: ~::C ' ' '' S .(/ ' W , ~ TYPE OF BUILDIN~ RES. ~JO S~S. VL. FARM ' CO~. CB. ~M~CS. Mkt. Valu~ ' ,. ~, ~I,, ~ ~ , /,' , ~ . AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value P~r Value Ac re Tilbble FRONTAGE ON WATER Wo~l~d ~ONTAG~ ON ~OA~ /~ ~ ~ ~ -~ ~ /~ ~ Meadowl~d D~PTH ~ ~ ~ House Plot BULKHEAD Total , , ~ DOCK ' M. Bldg: -ExtenSion Extension Extension Porch Porch Breezeway Garage Patio Total COLOR Foundation Basement Ext. Walls Fire Place Recreation Room TRIM ~ H- I 7' ~"- Z~/ Bath . . PA ~'r' JFIoors I ~?POO S/4/~;~nteri°rFinish Heat ,/ Rooms 1st F~or Rooms 2nd/l~loor · J. Dinette ' LR ?/~ K. :BR. FIN. B Driveway ~ TOWN OF ~:)UTHOLD ~OPERT~IRECORD CARD OWNER LAND SEAS. VL. IMP. ..f.5-',,¢ 0 ,d ~3.0 o e,~--o c.) -" TOTAL STREET ,/~:~, 700'5. VILLAGE FARM COMM. REMARKS DISTRICT SUB. r'5, aa o ACRE&GE .~ o, BU'LD'NG DATE ,/,,%/ ,. MISC. LOT /ff z? JEst. Mkt. Value AGE BUILDING CONDITION NEW NORAAAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD ~ a S ' _(~. ~ o.oo = Tillable 1 Tillable 2 Tillable. 3 Woodland Swampland Brushland Ho~Se Plot Total DOCK ~ ~/o a M. Bldg. ~//~( 3/'- Extension Extension Extension Breezeway Garage Foundation ; ,~. ~ ,~ j Basement /o /(/-~//' Ext. Walls ~'/7/.~/ Fire Place ~ cc ~' Patio z~/.~ ~; Driveway /'o Porch Porch Bath Floors Interior Finish Haat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer 3 TOWN OF ~)UTHOLD PROPERT~r~RECORD CARD OWNER I~ORMER OWNER.. / s~s. LAND AGE NEW VL.._~ V',J IMP. TOTAL VILLAGE DIST. SUB. FARM COMM. CB. DATE REMARKS TYPE OF BUILDING MICS. Mkt. Value LOT BUILDING CONDITION NORMAL BELOW ABOVE FARM Acre Value Per V~lue Ac re Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowla~d DEPTH House Plot BULKHEAD Total DOCK TIThF- NO: 06-7404-65058-AMD District: 1000 Section: 031.00 ~ lock: 14.00 Lot: 011.000 Town of Southold $outhold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above-captioned property has been in single and separate owner:;hiP of HENRY H. TR~ENDLY AND BARBARA A. CAD~ALLADER and his/her predecessor; in title since prior to April 9, 1957 except as follows: (see attached chains of title) The liability of the Company is limited to the amoun': of Twenty-five Thousand Dollars ($25,000.00). Dated: September 11, 2008 FIDELITY NATIONAL TITLE INSURANCE COMPANY · SANDRA J. GC~LESKI Sworn to before me this 11th day of September, 2008 Notary Public JUNI~ $~rrT m F. xplre~ May ~!, TITLE NO. 06-7404-65058-AMD STATE OF NE~ YORK) ss: COt)NTt' OT: St)TTOLK) SANDRA J. 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 affectmf the following premises: SCTM 1000-031.00-14.00-011.000 That the said records indicate the follow,lng chains of title as to premises and adjoining lots since prior to 4/9/57. SUBJECT PREMISES: 1000.031.00-14.00-011.000 David P. Muller and Bernadine R. Muller, his wife To Arthur H. Limouze Lib,er 2667 cp 246 Dated: 1/4/47 Rec'd: 1/13/47 Arthur H. Limouze died a resident of S.,ffolk Counly on October 27, 1959, leaving Denise Limouze. Denise Limouze died a resident of Suffolk County o~ October 21, 1989, leaving Ellen Limouze and Henry Limouze as Co-Executors. Ellen Llimouze and Henry Limouze, as Co-Executors of the Last ~0Vill and Testament of Denise Limouze, deceased To Henry Limouze, Frank Limouze and Dorothy-Ann Limouze Liber 11687 cp 204 Dated: 6/12/94 Rec'd: 7/27/94 FIDELITY NATIONAL 'FITLE INSURANCE COMPANY - SANDI[J, J~ C,C)LESKI Sworn to before me this llth day of September, 2008 Notaw Public Tena~M~alo. ,,.~ Ol L Henry Limouze, Frank Limouze and Dorothy-Ann Limouze Henry Limouze, Frank Limouze, Dorothy Ann Limouze, as to an undivided 2/3rds interest and Charles Limouze an,:l Grace Limouze, his wife, as to an undivided 1/3.~ interest Ellen Limouze, as wife of Arthur S. Limouze, deceased To Henry Limouze, Frank Limouze, Dorothy-Ann Limouze and Grace Limouze, as the surviving Tenant by the Entirety of Charles A. Limouze Henry Limouze, Frank Limouze, Dorothy-Ann Limouze and Grace Limouze, as the surviving Tenant by the Entirety of Charles A. Limouze To Henry H. Traendl¥ and Barbara A. Cadwallader LAST DEED OF RECORD Liber 1':687 cp 205 Dated: 6/17/94 Ret'd: 7/27/94 Liber 11796 cp 946 Dated: 9/11/96 Rec'd: 10/11/96 Liber I1796 cp 947 Dated: 9/30/96 Rec'd: 10/11/96 FIDELITY NATIONAL TITLE INSURANCE COMPANY SANDRA J. ~.JOLESKI Sworn to before me this llth day of September, 2008 Notary Public JUNE SCOTT Qua~fled in ~ufl~k (:~ ~, Term E~eire~ May 31, ~ PREMISES NORTH: 1000-031.00-14.00-012.000 David P, Muller and To Harry S. Lee Jr., Emma D. Lee and Barbara Kasson Liber 2773 cp 359 Dated: Ret'd: 11/10/47 Harry S. Lee Jr., Emma D. Lee and Barbara Y, asson To Mallard Inn Inc. Liber 4364 cp 27 Dated: 4/1/48 Re.. d. 9/20/57 Mallard Inn Inc., Harry S. Lee and Emma D. Lee, individually and as Sole ~tockholders To Philip Schuster and Barry Coward, as Tenants in common Lil:.er 5058 cp 145 Dated: 9/30/61 Ret'd: 10/4/61 Peggy Coward, as sole devisee under Last XYJill and Testament of Barry Coward and Philip W. Schuster To Harold Reese and Frederick Reese Liber 6646 cp 547 D~ted: 9/25/69 Rec'd: 10/24/69 Harold Reese, Sr. and Frederick Reese To Frank Gillespie Liber 9171 cp 203 Dated~ 3/29/82 Ret'd: 4/21/82 Frank Gillespie To Irene McKasty Liber 9664 cp 587 Dated: 10/8/84 Rec'd: 10/24/84 FIDELITY NATIONAL TITLE INSURANCE COMPANY SANDRA J. GOLESKI Sworn to before me this llth day of September, 2008 Notary Public JUNE SCOTT Term E.~pir~ Irene McKasty To Irene McKasty and Daniel McKasty Liber 9962 cp 168 Dated: 12/27/85 Recd. 1/23/86 Daniel McKasty and Irene McKasty, his wife To Henry H. Traendly Liber 10772 cp 208 Dated: 12/16/88 Re,: d 1/19/89 Henry H. Traendly To Henry H. Traendly and Barbara Cadwallader Traendly, his wife Liber 1'1822 cp 965 Dated: 3/14/97 Rec'd: 3/28/g7 Henry H. Traendly and Barbara Cadwallader Traendly. his wife To Mike Niamonitakis and Voula Niamonitakis, his wife LAST DEED OF RECORD Liber 12420 cp 319 Dated: 10/28/05 Re~. d. 11/17/O5 PREMISES EAST: GARDINERS BAY PREMISES SOUTH: 1000---C)31.00-14.00-010.000 Carl J. Schmidlapp and Ernest Sturm, Executors and Trustees under the Last L~,/ill and Testament of Henry Evans Deceased To Gardiners Bay Company Inc. Liber 1'123 cp 222 Dated: 1/14/25 Re, d 1/12/25 FIDELITY NATIONAL TITLE INSURANCE COMPANY SANDRA J. GOLESKI Sworn to before me this 11th day of September, 2006 Notary Public JUNE SCOTT Gardiners Bay Company Inc. To Edgar '~Uinfield Hawkins and Helen Hildegarde Hawkins, his wife Edgar ~0(/. Hawkins, devisee under Last ~0(/ill Testament of Helen Hildegarde Hawkins, deceased To Edward T. Burton and Norma Louise Burton LAST DEED OF RECORD PREMISES ~.,/EST: MAIN ROAD Liber 7i 39 cp 414 Dated: 3/24/72 Ret'd: 4/21/72 Liber 7502 cp 60 Dated: 9/21/73 Ret'd: 10/3/73 FIDELITY NATIONAL TITLE INSURANCE COMPANY " SANDRA J. ~()LESKI Sworn to before me this 11th day of September, 2008 Notary Public JUNE S~ 1 Jltolaty Public, State of New ¥o~ Ne. ~7~ ~ ~y31, ~ o I t DISTRICT: 1000 SECTION: "' 031.00 BLOCK: 14.00 LOT: o12 .'00o CONSULT YOUR LAW.~.ER ~IFORI SI6NIN6 THIS INITRUMINT · THI~ INITRUMINT SHOULD ~ U$ID IY ~WY~R$ ONLY THISINDEN~E,t. made the /~ dayof December , nineteen hundred and BE~EEN ~ , ,.~ D;,NIEL McKASTY and IRENE McKASTY, hxs.~i~e, ' ~ ~'~:/J.a. D & D USED TRUCK PARTS, 3~ Shaw Aven~e ' ~'~ ~'e'llport, New York the first part, and partt~v.~ . :i;'~ HENRY H, <,> 55 John TRAENDLY, residing at Street, New York, N.Y. ZOZiZ ~0038 party of the second part, REAL ESTAIE JAN 9 1989 lRANS~ER TA~ S FFOL WITNE$~ETH, ~hg[ !.h.e p~rty of the first part, in considerat on of ten dollars and other va t ab e cons deratlon paid by'tbit pirty 6fthe Secsnd part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certa!n plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyin'gand:beingt~t~(XX at Orient, in the Town of S0uthold, County of Suffolk, Sta~ 'o~f' New York, more particularly bounded a~d described as follows BEGINNING at a point on the Southerly side of Main Road, N.Y.S. Route 25' where the same is intersected by the Easterly side of Lane now or formerly'of the A.H. Limouze Estate: RUNNING side.~of Main distances: THENCE from said point of beginning along the Southerly Road, N.Y.S. Route 25 the following courses and t).' North 4.5 degrees O0 minutes O0 seconds East 72.00 feet; 2) 'North 51 degrees 23 minutes O0 seconds East 184.21 feet; · ~.?.N,CE~$:outherly along the tie line of Dam Pond Inlet the ~o'll:ow~~ t~ c6urses and distances: 1) South 7 degrees 05 minutes 05 seconds East 20.04 feet; 2) South 31 degrees 42 minutes 30 seconds East 134.12 feet to Ocient Harbor; THENCE Westerly along the tie line of Orient Harbor, the following two courses and distances: 1) South 23 degrees 50 minutes 25 seconds West588~8.1feet; 2) South 46 degrees 51 minutes 35 seconds West 150.43 feet to land now or formerly of Arthur Limouze Estate; TH,EiNCE North 38 degrees 50 minutes O0 seconds West 195.00 feet· tO the Southerly Side of Main Road, N,Y.S. Route 25, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantors herein by deed dated 12/27/85 and recorded 1/23/86 in Liber 9962, Page 168, TOGETHER with all righh title and interest, if any, of the party of the first part in and to any streets and roads abuttiug the above described premises to the centei' lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD :the premises herein granted unto the party of the second part, the heirs or successors and assigns of .th~,,party of the second part forever. AND ih~ party of the first part covenants that the party of th~ first part has not done or suffered anything whereby the said premises have been encumbered ia 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 part), of ibc first part will ~ecqive the consideration for'this conveyance and will bold the right to receive such consid- eration as a trust fund to be applied first for'the purpose of paying the cost of the improvement and will apply thc same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. 'IN WITNESS WHeReOF) the party of the first part has duly executed fids deed the day and year first above written. ' ~A~EL McKASTY STATS OF NIW YOLK, COUHYY OF c~t~2~ ~',,- On the t~dayof December 19 88, beforeme personally came DANIEL MaKASTY & IRENE MaKASTY to me known to be the individual s described in and w~o executed the foregolnK instrument, ~nd acknowledged that they exeguted tbe ~me. ,DALE'g,-SCHWAiWZ _ .N~tar~ pub/ia, State of NeW York :N~,,~.Tg28~ OualJf e~ n N~au County ~mis~iqff~ r~ Se~ 30, 1989 STATE OF NEW' YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the, foregoing instrument; that he knows the seal of said corporatibnl that the seal affixed to said instrument is' such corporate seal; that it was so '?:,~affixed by order 6f th~ board:of dirdct~rs' of said corpora- '*'~fion, and that he sig~ed h name thereto by like order; STAT~' OF NIW YOLK, COUNTY OP ss: On the day of 19 , before me personally came to mc known to be the individual described in and who executed the {oregoing instrument, and acknowledged that executed the same, STATE OF NEW YORK, COUNTY OF SS: On the day of , 19 , befor personally came the subscribing witness to the foregmng instrument, whom I am personally acquainted, wBo, 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, said witness, at the same time subscribed h name as witness thereto, . : argain Bee : Wz~H C0VZN~NT A0^~NST Ga~Nto~'s ACTS ~rt;rLz NO. 1 3 I- ~ - 95 ~4 0 f, DANIEL McKASTY IRENE McKASTY TO HENRY H. TRAENDLY STANO~RD FSSM OF NEW YORK SOARS OR TITLE U~JD£SWRITERS Distributed by CHI~GO TI~-u INsuRanCE C'OM'P~NY ,\, SECTION BLOCK LOT COUNTY OK 'TOWN Recorded at Keque~t o/ CHICAGO TITLE INSUKANCI~ COMPANY ILelum by Mail to Blum, Rosa, Weisler, Bergstein, Golden & Weingold, .Esqs. 389 Central Avenue, Box 280 Lawrence; New York 11559 Ztp No. :U796 ~947~ _ ,.,L~ .,X ~ ~g~ ~ OgT 1. 1 t~ ;UFFOL~ C) 3 T~ T~$F~R T~ C~m. el Ed. ~ --~. ~. H*~ ~or A~c~ ..... Z: ..... /~ ~.~ (.¢. . . . C~___(~ck___~ ~ Suffolk Count~ Recording & Endorsement Page In ~ BO~ ~ ~U 9 MU~ BE TY~D OR ~I~D IN BLA~ INK ONLY PRIOR TO RECO~ING ~ P~LING. · lO00 31 14 Il BETWEEN -- BXNI~Y ~IMOUZZ residing at 476 Compton Road. Cincinnati. Ohio 452~5 P~ L~KO~Z~ residing at 402 Belcrest Drive, Lafayette, ~-~ ~ residin~ at 6 Jay Street, Canton, New York 13617 and Connecticut 06798 CHARLES A. LIMOUZE Ipanyof mo ~f part, and residing at 17 Spt-liCe Bank Farm, WoodJ0ur¥, as the surviving Tenant by the Bntirety of HENRY I. TRAI~rD~Y and BAI~BARA A. CAD#ALLAD~ residing at 10 Sands Court, Port Washington, New York 11050 ~lrty ortho ~.ond pen, Wkl'NESSETlt~ that tho piny of the first pan, In cost~[ersflon often Dollars and othur v&J,u~b~s consldm&fion paid by thl piny of tho second pan. does horsby 8rant and release unto the piny of Ihs s~nd puff, tho hoh's or su¢cossors and a~i~ns of the second part forovor, ALt. tlut ~ plo% p~ece m patc~ of lan~ e~th ~e b~ldinss aid ~rove~ls ~oon ~ected, ~te,~8~8~ Bast Marion, To~ of Southold, County of Suffolk and State of New York, bounded and described as follows: BIO~4NIN~ at a concrete monument set on the southerly line of Main Road (N.Y.S. Route 25} at t~e nor%heaeterl¥ corner oZ land now or formerly of Bur=on; RI~HNIHO'rlEIHC~ Northeasterly along the southerly side of Main Roa~ (N.Y.S. Route 25) North 45 de, roes 00 minutes 00 seconds Bast 35.00 feet to land now or formerly of Traendly; R~RNINO THIWCE Southerly along said land now or formerly of Traendly South 38 degrees 50 minutes 00 seconds Rant 197.92 feet, to the high water mark of Orient Harbor; $~AIqlH~ 'I'~Cl Southwesterl~ along a tie line along Orient Harbor South 27 degrees 29 m~nutes 05 seconds'West 38.00 feet; I~XN~ TBI~Cl North 38 degrees 50 minutes O0 seconds west 209.43 feet to the southerly side of Main Road ;slat or place of BS(IlJFM~. , (N.Y.S. Route 25) to the stcees and roads abultins the above dcscn'bed prenu~ to the center lines thereof; TOGE fliER w~th thc appurtenances and all the estste and fi~tw of the psny oftbe first psrt in and to said premiss; TO HAVE ^NDTO HOLD the premises herein ~ranted tmto the party of the ~cond part, the heirs or recess&ors and a~gns ofthe party of the ~cond part forever. AND the party of the first pan covanants that the party of the first part has not done or suffered anything whereby the said premises have been entombs'ed in any way whatever, except ss aforesaid. AND the party of the ~st pan in compliance with Section 13 of the L.im Law. cove, ants thst tho .... a__. -art will receive the considerstlon for this cortveysqee and will hold the ri$ht lo peri? oz ~ne m~ F . ~en/e ~ch COLuldeuuoe a~ · trust Rind to be applied first for the puq~o~e ofpsyin8 the cost ortho improvemem and ~ apply the Mine tim to the payment of the co~ of the improvement before u~inl~ any part of the total of the ~me for ,,y other purpose. The word "party" shsll be constnJed i~ it'it read 'psrties' who,lever the sense of Ibis indenture so reo~uircq. IN WITNIL'L~ WlI£REOf, the party of the first part has duly e. xecuttd thi~ deed the day a,d year lint shove written. . H ~,'~Y LTMOU~ by Robert ~;. I{ughee ~tt/orney in ~ac~ by Robert S. Hughes  Z~ '/ At~rney/n Pact / L ,/ / Dy Robert ~. Haghen Attorney ~n Pa¢l: Attorney in Pact ~,oo~I H~w ~ork L~50L SuH~lk Couuty Recording & Eudorsement Pugu This Imiu furm~ Imrt of the nlhtched ~ litfldo byt (Dood, Mull~u~o, ola,) I STRICT: LOCIC: OT: N~ CONSTOE~T[OR ~ IND~qT~/L~ m~de ~h4 ~4th d~ el HarcN , nlnetNn ~4~,J ~a4 nlnaLy-sevsn HENRY N. TRAENDLY, residing at 13-220~aln Road, East Nqrton, New York]I93g HENRY H. TRAENOLY sad BARBARA CAOVALLADER TRAENOLY, husband end ~lfe, at tenants by the entireties, residing a~ 13-22fi Hain Road, ElSe Nation, ~~,t 0rtlnt, ~n the TQ~ of Sou~hold..o~y of Suffolk, S~i~e of flew York, ~rl pir~tcullrty bo~ded and descried i~ followl: BEGINniNG at ~ point on the Southerly Jlde of ~Jn Road, H.Y.S. Rout4 26 ~heri ~he sa~ it tnte~lected by the Easterly s~de of Lane no~ or (o~rly of the ~tn Reid, N.Y.S. RouCe 2~ ~hl folloNlflg cour~ls and ]) North 4S 4e;ree~ 0O minutes OO seconds E~ 7~.OO 2) North SI deqrees 23minutes O0 second~ East 184.21 fee~; THENCE Southerly along ~he ~?e line Of Dam Pond Inlet i) Sou~h 7 degrees ~S m~nutes 0S seconds East ~G.~4 2) South 31 degrees 4~ minutes 30 tecond~ East 134,~2 feet to Orient Harho~ THENCE ~esterly along the tt~ lJn~ of Orient Harbor, the follow,ag 1) South 23 degrees SO minutes 25 SecoAd~ ~est 88.48 Z) SOuth ~6 deqree~ S~ minutes 3S seconds Nest lS0,43 feat to land now lo. Ply Qf Arthur Ltmu~e Es:ate~ THENCE North ~ deqrees afl mia,tee O~ seconds Nest igS,O0 ~eet to the SouLherly side o~ ~tn Road, N,Y,S. Route 2S, the OOJ~t BEING AN0 INTEHDE0 TO BE :he sa~ premiles conveyed to the grantor herein dfld dated 0ec~her 16. t~R8 ~nd recorded JanuaryS, ~a9 tn LSb~r ~077~, Page 208. ~ ~td "pa~" ,~11 ~ ~n~rued u if It and "pflie¢' w~er lbo.fiftH of Ihl, Indemu~ N C~ t~ day ol 19 , b~lar~ m~ [~r~nllly c~me ~m~ ~, w~, ~ by ~ du~ s~m, did ~ m~4 mma~ by o~r of lb h~ of dl~n of ~ ~. ~l ~d~h ~th~o by ~e ot~r. ,before T"~t~ T~ ' ~ '~/'~ r H~:XRY H, TRA£NDLY :m~to~( 031.00 mL~K 14. (10 LOT OI?.. O00 TO HENRY H, TRAENDLY and 8ANgAP, J, CAOWALLAOER IRaymQnd Q. HCROry, ECG, 1124 Cherry V&iley Avenue /Oerden City, New York STRACTCO;P. ¥ 11501 516.248.3800 FHIS INDENTURE, madc the 28~ day of October . two ~d and five BETWEEN HENRY H; TRAENDLY and BARBARA CADWALLADER TRAENDLY, husl~and and wife, residing at 13220 Main Road, East Marion, New York 11939 t,..;. ., ~,~KE NIAMONITAKIS and VOULA NIAMONITAKIS, residing at 76 134 Street. WITNESSETII, that the: party of thc tim par~ in ~nsid~'~tion of Ten Doll~ p~fid by thc party of thc second ~ don hc~oy gnmt and r~e~se unto the paffy of thc ~ p~, thc hear~ or sucoez~m end ~gr~ ~f tl~ party of the second p~ forever, i'e~° ALL that co,in plot. pi~e or pav~ of land~ with th~ bm'ldings and impmvemmt~ th n ~rected~ situate. lying and b~ing in PLEASE SEE A'VFACHtD SCHEDULE A SAID PREMISES b~ng and intended to bc thc ~zrac p~mi~ez dczcfihcd in thc dcx:d to thc parfic~ o£thc  tr~ pm~ he~e~n by deed~ dated 03/I 4~37. tec. orded 03f2_~97. in Libor I 1822 p 965. SAID PREMISES commonly known and dc~ignat~d a~ 13220 Ma~n Roa~ E~zt Marion. New Yodc DISTRICT 1000 SECTION 031.00 BLOCK 14.00 LOT 01 ~-000 MOTIC]~: OF TO: Henry Trendly & B~rbara Cadawallder. 13000 Route 25 ~ Marion, lq~ ! 1939 DATE: Nove~b~- ~% 2~ Ples~ ~ke ae~e that your application ~t~ No~ ~:4, 2 0~ CC: file, Z.B.A Note to Applfcmtt: Any change or deviation to the above re~:~ref~ eed-epplication n~y require .sddMontl review from the $outhold Town Buil4flng Depamsen~l. NOTI(~ OF DISAPPII:O¥'A,L TO: Henry Tr~ndly & Barbara Cadwalldcr 13000 Route 25 East Marion, NY 11939 DATE: November 17, 2006 & RI~I~WED: May 24, 2007 P!e~_~e tnke notice that your ~ppl~c~on For permit to constmcl ~ . lli~M..~t~dl~ ~eck at ~i~rl~ £nrrdlV dw~ ' ' i ' Location of property County Tax Map No. 1000- Seotion 31 .Bloc, k34 Lotjl Is retumsd herewith and disapproved on th~, fi~llowin~ gro~ts: The _m,o_~o~ construction_ on this non-e~.l~l~lillg_7..l~r sR!nt~ foot t~arcel in the R-40 Distrio~. is not t~mitted ou~u~nt to Art~.le X3OIL S~ct~ott~O~J~tt ~s that non-conformln~ lot~ mensurlnn less fl. urn 20.000 saunre feet in v"'tal,Jli~ro~, m:~dmum ~l~.le side yard s~tbaqk of 10 feet. a total side yard setback of 2~ feet ~ ~o~]ot ~i~e o~ ffollowin~ the ompos~d cona~,~,~, the dv~lil1~Lt~i _role side ~ setbaok of 2 f~t s~tSl side yard se/back of 9.8 feel and total lot c~rIDlll~jLr~ additlotml review from the $oli~old Town James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (681) 765-6641 January 23, 2008 BOARD O]? TOWN TRUSTEES TOW}{ OF SOUTHOL[I Mr. Henry H. Traendly Ms. Barbara A. Cadwallader P.O. Box 1589 Jamesport, NY 11947 RE: 3000 ROUTE 25, EAST MARION SCTM# 3'1 -'14-1 '1 Dear Mr. Traendly & Ms. Cadwallader: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 23, 2008 regarding the above m-qtter: WHEREAS, HENRY H. TRAENDLY & BARBARA A. CADWALLADER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of th,~ Town of Southold, application dated December 21,2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended tha'i the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered P~licy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary systen~ to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 23, 2008, at whi¢~ time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally v;ewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards :set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of HENRY H. TRAENDLY & BARBARA A. CADWALLADER to dernolish an existing garage and install a 4' wide path through the 100' non-disturbance buffer for beach access, with the condition a 100' non-disturbance buffe~', the constr~Jction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and as depicted on the site plan prepared by Tide Runner Engineering & Design, last dated February 10, 2008, and received on February 19, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, President, Board of Trustees JFKteac BOARD OF SO[THOLD TOYVN TRUSTEES SOUT~IOLD, NEW YORK PERMIT NO. 6806 DATE: JANUARY 23. 2008 ISSUED TO: HENRY TRAENDLY & BARBA~',A CADWALLADER PROPERTY ADDRESS: 13000 Ro1LrTE 25~ EAST MARION SCTM# 31-14-11 AU3[I-IORIZA'FION Pursuant to the provisions of Chapter 1175 and/or Chapter l 11 oflhe Town Code of thc Town of Southold and in accordance with the Resolution of the Board of Trtztees adopted at the meeting held on January 23. 2008. and in consideration of appli:ation fee in the sum of $250.00 paid by Hen~ Traendl'v & Barbara Cadwaltader and subject to the Terms .md Conditions is slated m the Resolution, the Southold Town Board of Trustees authorizes and permits the lc,flowing: Wetland Permit to demolish an existing gsrage and install a 4' wide path through the 100' non-disturbance buffer for beach access, with the condition a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and as depicted on the site plan prepared b~ Tide Runn¢~r Engineering & Design, last dated February I 0, 2008, and received on February 19, 2008. IN WITNESS WHEREOF, the said Board of Trustee,' her*by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majori,~ of the said B¢,ard as of this date. FOP. M NO, 3 ]qOTlCl~'.. OF DISAPPRGVAL TO: Oroup Imernational Associates (Traendly) 3 Tall Tree Circle Samesport, NY I 194.7 DATi~: January 30, 2008 Pleame take notice that your application date! January' 7, 2008 For permit for demolition of an ~xisting t~atql~ and co~,~tsln~_qa Location of property: 13000 Main Re,nd..Fast County Tax Map No. ! 000 - Section 31 Block J_4 Lot 11 Is returned herewith ~ disapproved on the following l~ouucls: ~ oto~xmed eonstt,,,,t{,,.~ on ~s D ..... no.~oj:~~,~ f~t lot ~ ~ ~ta~a.i R~0 ~ la not ~,~d ~t to ~e?e ~ ~{~ :'~ 124. ~i~ ~ ~ ~n~o~lq lo~. m~e ~ l~s ~ 20~-,~ ~ ~ ~m: ~,,;m a minimum elnale ~de Followina the oronoaed _~4tliOons and alter~tlo:~,~ the 4'-'.~J~j!tg.2 dll have a sin_~le yard m~tb~k 9f+J- ?, flint, a total side wrd ~elb~k of 7 f~-~ md .~i~LY~It~.t~. CC: file, Z,B.A, OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave3 Southold, NY M3ILrNG ADDRESS:/~ P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Gerard Goelainger, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~ LWRP Coordinator May 28, 2008 Request for a Variance Traeudly ZB A#6154 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP review pursuant to § 268-3. Definitions, item F. which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; lA, mended 6-6-2006 by L.L. No. 7-2006] Please contact me with any questions. ZBA Town of Southold - July24, 2008 Traendly/Cadwallader Hearing # 6154 Relevant Excerpts from Public Hearing Minutes Ma Weisman Mr. Dinizio Mr. Traendly Chairman Goehringer Member Simon Member Weisman Page 155 Lines 3-11 Mr. Traendly, I see you've increased the easterly side yard to 8 feet. We still have just a 2- foot side yard on the other side and that is such an enormous variance. I understand that it's only a 35-foot wide lot and it's a skinny shoe-string lot. Tell me what the proposed-- the house is going to be proposed at 26 feet wide. Is the length of the house or depth of the house 48.5? Mr. TraendlF Yes, that's correct. Page 155 Line 12 Member Weisman Page 155 Lines 13-21 Now, this is not really a house; this is a rectangle on a piece of paper at the moment. A house would be plans and tell me how high it is, what the roof pitches are. There's very little way we can evaluate the impact on the neighborhood without understanding how big the house is, what it's going to look like. Have you got anywhere with that yet? Mr. TraendlF Page 156 Lines 2-6 I got no - we actually require your agreement that the dimensions are okay and that we can deal with the final plans and elevations and the aesthetics, but it's going to look like the neighborhood. Definitely, cause I wouldn't want to live in something that was inconsistent with the way the neighborhood is at present. Member Weisnum Page 156 Lines 7-9 Okay, I would think that the minimum width that you could - are you planning a tWO story house? Mr. TraendlF Page 156 Yes, that's correct. Line 10 Member Weisman Page 156 Lines 11-17 The very minimum width that a two story house might be able to handle would be 22 feet wide. That would give you a 6 -foot side yard on the westerly side and an 8-foot side yard on the easterly side and you'd get a 22-foot wide footprint. Chairman Goehringer Page 157 Lines 12-25 You need to be able to put a ladder on your property to get to the side of the house. In order to do that I do appreciate the 8 feet on the one side, you need between 5 and 6 feet to do that on the oPPosite side and that's the purpose. I fyou want to see what a house like that looks like there is one down on Soundview and that applicant came before us and I believe that's a 40-foot lot. It's about 6 houses before the Soundview and I believe there's a six foot fence around it. I cannot give you permission to walk on the property, but they're nice people. Chairman Goehringer Page 158 Lines 3-16 That applicant had a very similar problem and that is what he came up with. Excuse me. I'm not directing you there, I'm just saying when you go by you'll see it. It's probably about six houses west of Soundview. That was an applicant before us probably five or six years ago. He needed to take the entke house down and rebuild it and he did take it down to the absolute ground to put pilings underneath it and rebuilt it in that location. Did the best he could with the side yard and I'll leave it at that point. Member Weisrnan Page 158 Lines 18-20 Alright, so you heard what was suggested about - I mean, it's such a difficult lot to build on. Mr. Traendll, Page 158 Lines 21-25 I do appreciate that and I appreciate your input, particularly the Chairman's suggestion. Is there any way we can get that to 24 because that's really much more ideal as an absolute minimum for a number of reasons. A lot of the standard plans are printed that way with 24 or 25 feet as you probably know. I didn't know that but was recently advised of that and that would just make it a heck cfa lot easier. Member Weisman Page 159 Lines 7-14 As I suggested, a 5 to 6 foot side yard would be the minimum and that's a huge variance. I mean, both those side yards will require a dramatic variances, without them, however, I don't see how your going to put any house on the property anywhere because it's consistently narrow all the way. Member F?elsman Page 160 Lines 20-24 I think the next step probably you need to revise this survey. You know, to eliminate those originally proposed grade changes with retaining walls and to show us (inaudible) feet in the westerly side yard. Chairman Goehringer Page 161 Lines 17-25 The gentlemen who did this work did it on a plan. This is a site plan not a survey. Mr. Traend~ Page 161 Line 20 Yes, sir. Chairman Goehringer Page 161 Lines 21-25 You had a survey done to show that the width of the building area was greater than what he is anticipating. Okay? You know, by a licensed surveyor. You may f'md a foot or two more in that general building area. Mr. Traendl¥ Page 162 Lines 2-3 I know that this (the survey) shows 38 feet. Chairman Goehringer Page 162 Lines 4-7 If your showing 38 feet well there's a couple of feet for one way or another that we might be able to talk about a foot or two. Member Dini~io Page 162 Lines 8-10 I think that, well he can't build a house that's going to be 10 feet wide. He's going to need a var'mace. Chairman Goehringer Page 162 No, we talked about 22 foot wide. Lines 11-12 Member Dini41o Page 162 Lines 13-22 Right. Right. I live in a house that's 21 feet wide. Okay, raised to children there and me and my wife and we fit quite comfortably. I think that his lot has a lot of constraints to it. You know, 22 feet is not, in my mind, a huge restriction when were talking about the size of the variance that we're giving. I understand that this is a 35-foot lot. I suppose that it's a buildable lot. Member Dini~io Page 162 Lines 24-25 I mean, I suppose we've determined that you could build something on here and it may need some variances, but I just wanted to tell you that I live quite comfortably in a house that was 21 feet for 30 years now. Mr. Traendlg Page 163 Lines 13-14 Excuse me, sir; it's actually 38 by the water. Member Simon Page 164 Lines 1-21 To be reduced further than what Leslie has offered and we haven't even voted on that, but I think somehow or other, yes, you should be able to build something on that lot and your going to have to go back to your builder, your designer and figure out what you can do. It is legally buildable provided it is done within those constraints and, yes, you can get and reasonably expect the variances that are necessary to build that, but certain kinds of variances will not be granted, such as the variance ora 2-foot setback on that side. Member Weisman Page 164 Lines 22-23 Now, you also need a front yard setback variance. Mr. TraendlF Page 164 Line 24 Yes. Member VKeisman Page 164 You' re proposing it at 20 feet. Line 25 Mr. Traendl~ Page 165 Lines 2-7 We initially moved it closer to the mad based on your suggestion the last hearing to elongate the building and, you know, compensate somewhat for the loss in volume by giving you the side yards you wanted and by elongating it. Member Weisrnan Pane 165 Lines 11 And in order to keep the setback from the bay, you pushed it forward toward the street. Mr. Traendll, Page 165 Lines 19-20 Yes, okay. You're right on target with what you said, yes. Member Y~eisman Page 165 Lines 21-22 Are you to go back to a surveyor not an engineer and-- Mr. TraendlF Page 165 Yes, right and if we use the-- Line 23 Member Weisman Page 165 Line 25 --see exactly where you can tweak those dimensions and produce another iteration of an amended application. Mr. Traend?l, Page 166 Lines 3-7 Yes. I think I got it. So your looking for 5-6, see if the surveyor will confirm the original drawing with the 38 feet and 8 feet on the easterly side. Is that basically it? Member W'eisman Page 166 Lines 11-18 Yeah, show us what the current thinking is and then we'll have the setback situation at least sorted out. The next step would be fighting about the variances and I would certainly, before I would be really comfortable entertaining a final decision, I'd like to see the plans, but if you have Member Weisman Page 166 Line 25 Yeah, I'd like to see architectural plans, evaluations and plans. Mr. Traendl¥ Page 167 You want to see a full architectural plan? Lines 2-3 Member We/smart Page 167 Lines 4-9 Yes, bemuse it's - the side yards are one kind ofvatiable, but the side yards in part are determined by the height of the structure, the shadows it casts on neighbors, you know, the roof pitches, and a whole range of other things. Mr. TraendlF Page 167 Lines 10-12 I think we actually put--there is an elevation drawing - there is a from elevation drawing in the application. Member Dini~o 4 Page 167 Line 25 But if your getting our drift, we're going to need, in order to make a decision we're going to need to have elevations, whole architectural plans, at whatever setback we approve. I mean because we can't approve it right? BoardAsslstant Page 168 Lines 6-8 We had building diagrams and elevations, but they weren't full architectural. Member Dini~o Page 168 Lines 9-12 Right and they weren't- they're certainly not what we're discussing now as far as the size and how wide the house is. Member Weisman Page 168 Lines 14=20 Well, without creating, because we can't, we have to have the full information in front of us and we have to deliberate, so having said that a public hearing is not really a negotiation. We're not telling you that' s what you're going to get. Mr. Traend~ No, I appreciate that. Page 168 Line21 Member Weisman Pages 168 & 169 Line 22 -25 & 1-8 But onthe other hand this guidance will certainly will be a kind ora collaboration in which the likelihood ora positive response makes it worth your while to go the next step and to develop those plans. In other words, we are trying to work with you because it is a building lot and it is a very difficult lot and will require very substantial variances. So in order to protect the public we have to be sure that the house that you' re proposing is the one that we understand. So that's what I'm saying. TO: Group International A~sociat~ ~raendly) 3 Tall Tree Circle Jame~port, NY 11947 Please take notice that your applicatic~ dated le~aus,~i 7, 2008 For permit for demolition o£~m existit~g ~ara~e ~:ad con~ction of a new ~inale family dwellica at Location of prope~y: 13000 ldaln R.o~.~k. Flt~uio~l Cotmty Tax Map No 1000 - :~ection ]! Blcck 14 Lotll Is return~<l h~rewith and disapproved on the foli~wkig grounds: Tile ~ooosed construction, on thi;~ nolt.colaformlnv ?,08? s~uar~ foot lot in the Residential R-40 District. is not t~ermi-~l ~>ursuant to Article XX[II Se¢6on 200-124. which m_~,s that lots, measur~ between less than 20.~00 sauall.l~.l ~_~lt,tal size. reciuire a minimum slnule side yard setback of 10 feet. a mlniml, llll tOl:~l sht¢ yard se'tback of 25 feet. and a minimttm front yard setbacl~ of 35 feet. Fgllowine the nrcoosed _s. aclkions and alterations, fl~; dv~;llin~, ,,rill have a sir~le yard setb*,ck of+l- 2 fe. t3, a total side yard setback of 10 f¢{i md a from vsrd setback of 20 feet, In sd~!_e_,o~_: the s,,blee~ lot has mers.'e{l with ~m ,q[!--.ee~t lo~ to the northe~_st ¢SCTM it 10~-31- t ~ wJ · n rs "' '""' '" "'~ _ ---':?"T -, ' -- _.. ,-, size confoFms to the cu~.irent bulk sen~,nu. 'r)fls Notice of Disapproval was bns~Hi on a sttrvev by 'Louis G, Schwartz, dated 11/28/07 and · n_m~n~ded b&~ on an u~_~_~mrv~y, ao*-ea- 7/1S/8. and on '//2S/8 tO address merner ..... Note to Applicant: Any chattge or devinflon to the above referenced application, may require further review by the $outhoid Tow~u Building Department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Southold Town Hall Southold, New York January 8, 2009 10:00 a.m. Board Members Present: GERARD P. GOEHRINGER - Chairman/Member RUTH OLIVA - Member (10:17 a.m. to end) JAMES DINIZIO, JR. - Member MICHAEL A. SIMON - Member LESLIE KANES WEISMAN - Member LINDA KOWALSKI Board Assistant KIERAN CORCORAN - Assistant Town Attorney (1:35 to end) F'ugliese Court Reporting and Transcription Service (631) 878-8355 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold January 8, 2009 INDEX OF HEARINGS Hearing: Jennifer Jacobs and Clayton Gates #6206 Anthony and Barbara Bonagura %6206 Michael K. and Therese Hughes %6236 Diane Mulvaney and Berry J. Bresloff %6228 Robert Bergamini %6241 Ronald Zito %6233 Jacqueline Moskowitz %6238 Theodore E. Prahlow %6234 Andrew and Elizabeth Greene %6235 2000 Broadwaters LLC %6186 Thomas G. and Joyce I. Messina #6223 George Yatrakis %6237 Traendly and Cadwallader %6207, 6264, Romanelli Realty Inc. %6268 Page: 3-9 10-19 20-53 54-60 61-65 66-70 71-90 91-157 158-191 192-208 209-229 230-277 309-320 Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ZBA Town of Southold 279 January 8, 2009 applicant has submitted applications requesting: (A) ZBA #6207 Article II, 26 (renumbered 280-9 and 280-10), concerning County Tax Map Parcel (B) Numbers Section "Merger. a Waiver of Merqer under Sections 100-25 and 100- 12 and 11, in District 1000, 31, Block 14 which states: A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a coramon course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements.~ and in the alternative, ZBA #6264 Request for Variances for two proposed lots in this re-division of land, requesting an area of less than the code-required 40,000 square Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 ZBA Town of Southold - January 8, 2009 feet of buildable land under the Bulk Schedule for CTM Parcel 1000- 31-14-11 and adjacent CTM Parcel 1000-31-14-12; and (C) ZBA %6154: Request for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval, amended July 25, 2008 concerning a proposed single-family dwelling (after demolition of an existing building) with a proposed single side yard at less than the code-required minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion; CTM 31-14-11." MEMBER OLIVA: Where would you like to start? CHAIRMAN GOEHRINGER: Would you say your name for the record? MR. TRAENDLY: MEMBER OLIVA: I have submitted papers Your name, sir? 280 Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 281 ZBA Town of Southold - January 8, 2009 CHAIRMAN GOEHRINGER: Please state your name for the record. MR. TRAENDLY: Oh, I'm sorry. Henry H. Traendly. CHAIRMAN GOEHRINGER: Thank you. MEMBER OLIVA: Thank you. MR. TRAENDLY: I have submitted papers to the Board (inaudible) applications, I believe were succinct, but they're comprehensive and rather than run through them, unless you'd like me to and I certainly will and I'm certainly ready to answer any questions that the submissions and addendums have caused you to wish me to discuss with you, I would just stay at a higher level and move it at that rate. I want to make a few comments upfront. One is I am still not with benefit of legal counsel. I'm doing this intentionally and that's in recognition of the fact we're dealing with a new law, 280-11 as amended, it's a new law, I believe it's more sensitive to mergers enacted such as the one that causes the operation of law and merger of the subject Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 282 ZBA Town of Southold - January 8, 2009 property and preamble. The lot, as you It was recognized by I'd like to provide that as my know, as created in 1947. Southold Town law in 1983 as a lot having conformed to the -- having been created prior to the enacting of Zoning Law and it was filed with the Suffolk County Clerk's Office, as you know. We've been successful in obtaining permits from other departments in the Town and other Boards in the Town and I believe that the new law when it -- CHAIRMA~ GOEHRINGER: Move the mike up just a little bit. MR. TRAENDLY: Oh, I'm sorry. Okay is that any better? CHAIRMAN GOEHRINGER: Yes. MR. TRAENDLY: I believe that the new law is more compatible or vice versa the application is more compatible and the conditions and the history is more compatible with perhaps what is the legislative intent of the new law. If I may make a few comments about that, the lot's merger was invoked simply by the common ownership of the two lots Pugliese Court Reporting and Transcription Service (63~)878-8355 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 283 ZBA Town of Southold - January 8, 2009 and when invoked the other lot had already been sold. I don't believe that's of any great substance, but the sole test being that is, I believe, significant. Secondly, it has not been sold to a third-party and the lot was always treated, habitually treated as distinct from the domain developed and we'd like to think attractive property value once when sold, which is now gone about three years and change. It has habitually overgrown fences ~n between and never severed in any way as a utility to the other lots. The two lots were never used in conjunction with each other, always separate and distinct, and the value of each did not materially affect the value of the other. So I believe that would be some of the tests that have been relevant by the comments in these types of issues. The lots' environmental and physical characteristics are certainly, we believe, ones that will not be detrimental to the neighborhood. I also believe this is probably the last remaining lot, waterfront lot along that strip of District 31, which I'm assuming runs from the causeway through to Trumans Road Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 284 ZBA Town of Southold - January 8, 2009 and, by the way, there's 37 lots in there. We might be the only undeveloped one remaining. I'm talking about bayfront, an interesting statistic and I think it's relevant to this discussion. There are 37 lots in the area, 7 of them are conforming with bulk area schedule in size, some of the 7 are not in fact conforming because of setback issues with them even though they're larger lots. I'm talking about current bulk schedule (inaudible) 40,000 foot requirements under R-40. Of the nonconforming lots, 14 are similarly small. 16 are larger, but slightly larger or significantly larger, but nonetheless nonconforming. So it's an area that has been developed mostly by having a lot created by deed filed with the Suffolk County office, subsequent recognition and then development based on the, at one point after a number of years, conformance to the bulk schedule and other requirements of the local Town Law. Let's see. Its environmental impact will be negligible since we've met the Trustees' test. LWRP has given us an exemption, as you know, and we've already passed the DEC. The Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 285 ZBA Town of Southold - January 8, 2009 Health Department requirements, we're fully aware of them and we're working with them and we believe that that can be accomplished as well. Do you have any questions? CHAIRMAN GOEHRINGER: My only concern is you and that is the fact that you are without counsel. MR. TRAENDLY: Okay. CHAIRMAN GOEHRINGER: Okay? And I sat here both in the position as Chairperson and in the position as Board member and I'm going to tell you the last statement that this was made to was a gentleman who owns a gas station in this town and we told him go get an attorney, alright? That was probably four or five years ago and -- BOARD ASST.: Gerry, can I just add that his attorney had asked ~znah'Hible) we did not require counsel and he would not require counsel. CHAIRMAN GOEHRINGER: I'm only making that want statement, statement, okay, and you can do what you at this point. That's not a sarcastic okay? Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 286 ZBA Town of Southold - January 8, 2009 MR. TRAENDLY: No, no, no. I understand, believe me. Mr. Chairman, I appreciate that advice because I know that we're on basically untested ground at the very least and there's a new law. May I the first hearing new law? MEMBER OLIVA: MEMBER SIMON: MEMBER OLIVA: Oh. MEMBER SIMON: ask you a question? Is this of an application on this What new law? Can I make a -- Oh, the waiver of merger. I would like to make a comment in response to what Gerry said. We've seen a lot of applications, we've seen a lot of people with counsel, we've seen a lot where counsel helped some which didn't help. We've seen, there are cases and what I think Gerry is worried about is, there are cases who are not knowledgeable enough to do a good job of presenting their own case. We've been reading papers from you for quite some time and I am personally struck by the fact that your papers, many of them, could very well have been written by a lawyer. I say this as a lawyer myself. Pugiiese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 287 ZBA Town of Southold - January 8, 2009 it. CHAIRMAN GOEHRINGER: Yes. Thank you. MEMBER WEISMAN: It certainly sounds like MR. TRAENDLY: MEMBER SIMON: MR. TRAENDLY: MEMBER SIMON: Well, I'm not. I know, but -- Thank you. -- I'm saying substantively you don't seem to be at risk compared with some people like Gerry has in mind. CHAIRMAN GOEHRINGER: No, but the difference is that -- MR. TRAENDLY: Experience -- CHAIRMAN GOEHRINGER: No, no. You're a very nice man and I think you've done a wonderful job, okay. I'm just explaining the situation. Wha~ the attorney does, or what the attorneys do or a person, is to lay it out in total, okay, and -- a short version of that situation -- and I understand that, but I'm just telling you that these tend to be confusing issues. Okay? I can sit here and ask you and you will answer this question and this question is asked by a Board member and I'm sorry to (inaudible) this situation and Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 288 ZBA Town of Southold - January 8, 2009 that is you receive separate tax bills, did you or did you not? BOARD ASST.: It was not Mr. Traendly is nodding yes. I'm trying to get that on the record, Mr. Traendly. MR. TRAENDLY: Oh yes. BOARD ASST.: I can't see your nod on the tape. CHAIRMAN GOEHRINGER: (Inaudible) in and you owned this piece of property, did you receive separate tax bills? MR. TRAENDLY: Yes, oh yes. Definitely. CHAIRMAN GOEHRINGER: And that's basically the situation I would ask at this particular time, alright, based upon all the other evidence you've given us. That's all I can tell you. I'll leave it open for any other Board members to ask this nice man whatever you want. MEMBER WEISMAN: I just want to clarify something because I think your submissions that you just quickly reiterated are very articulate and very carefully described. What really happened here, to make a long story Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 short, is that the lots apparently merged as an unintended consequenge of estate planning. You no longer have the economic hardship burden to prove in dealing with waivers of merger. So I think you've addressed in your written responses all of the other criteria that we have to address in making a determination. I think we have, in my mind, have -- I'd like very much to concerns that anybody else in might want to raise. Clearly hear any other the audience this issue has to be dealt with before we can go on to the original variance, which was, you know, for a front yard and two side yard variances on a house. MR. TRAENDLY: days. MEMBER WEISMAN: MR. TRAENDLY: MEMBER WEISMAN: Well, not so long ago. MR. all. Right. In the good old Pardon? In the good old days. In the good old days. TRANEDLY: No, not at all, not at MEMBER WEISMAN: Well, for you not for US. Pugliese Court Reporting and Transcription Service (631)878~8355 289 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 290 ZBA Town of Southold - January 8, 2009 Okay, in any case, I just wanted to state that for the record. I don't really have any questions about it because I suspect it's -- what you've written is very clear, so I think the only thing that I'd be interested in is if you have any other comments or I would like to defer to anybody else in the audience who has some comments. MR. TRAENDLY: If I've omitted something, which is my greatest concern, and I'd like to have that pointed out perhaps in the form of a question, which most likely -- CHAIRMAN GOEHRINGER: We normally don't do that. MR. TRAENDLY: Okay. CHAIRMAN GOEHRINGER: I mean there's just -- there's no way to test people. MR. TRAENDLY: Okay. CHAIRMAN GOEHRINGER: In my opinion, that's my opinion. MR. TRAENDLY: You did pick up one oversight. Yes, it's -- we've always had separate tax bills and just paid it. So that's been since the very beginning. Pugliese Court RepoSing and Transcription Service (631 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 291 ZBA Town of Southold - January 8, 2009 CHAIRMAN GOEHRINGER: Okay, anybody else have any questions of Mr. Traendly? MR. TOWNSEND: Yes. CHAIRMAN GOEHRINGER: Are you questioning Mr. Traendly or are you questioning the Board? MR. TOWNSEND: I'm questioning the Board. CHAIRMAN GOEHRINGER: Okay, please. MR. TOWNSEND: My name is Joseph Townsend. I am the neighbor directly across the street and when I first bought my property, at the closing it was discovered that one -- there were two lots and I was only interested in buying one lot. At the closing it was discovered that the other one was only eight-tenths of an acre and it had to be one acre, so it merged and I ended up buying both lots at -- well this was virtually at the closing, two days. I ended up buying both lots and to this day I still get two tax bills. I'm not saying -- I'm probably eligible to subdivide the property, but at one point in the merger law there was some requirement for area, is that now gone under the new law? You have no requirements for Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 292 ZBA Town of Southold - January 8, 2009 this -- for -- to divide lots? Is it just the fact that two areas were merged at some point? Because at one point it had to be of some minimum, 20,000 feet or something like this and one of the issues that I have with this is I believe that the surveys that have been shown over estimate the area of that lot. I think they go out further in the water and then take into consideration land that is actually underwater in some instances. ASST. TOWN ATTORNEY: There is not a minimum area for a waiver of merger. MR. TOWNSEND: Not anymore? ASST. TOWN ATTORNEY: There is not a minimum area. You need, it's a comparison with properties, the single and separate properties in the surrounding neighborhood. I think it's within 1000 feet. MR. TOWNSEND: Well, in that instance, before this is approved, I think you should look again and ask for an accurate survey of that land relative to the other lots that are there because I think it is -- maybe significantly less than -- Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 293 ZBA Town of Southold - January 8, 2009 CHAIRMAN GOEHRINGER: Is that through erosion, Joe, or -- MR. TOWNSEND: It's possible. I don't know, it could have been just an overoptimistic surveyor. He went out along two property lines and that's just -- that's my opinion and I can't -- I wouldn't want to be held to it, but I think it's definitely worth looking if there's a site inspection to check the area because, in my opinion, it's significantly smaller than the areas around it. It was originally an access given to -- MEMBER OLIVA: Access. Is that lot 11 or lot 127 MR. TOWNSEND: I'm not sure what number. MR. TRAENDLY: Lot 11 is the subject lot MR. TOWNSEND: Then it would be lot 11. MR. TRAENDLY: -- which this Board is proposed. MR. TOWNSEND: So it's a relative -- it's a relative -- CHAIRMAN GOEHRINGER: Okay. MR. TOWNSEND: That's my only comment. mean, we don't want to keep them from having Pugliese Court Reporting and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 294 ZBA Town of Southold - January 8, 2009 the full benefit of the law as I may at some point. ASST. TOWN ATTORNEY: Yeah, I was going to say do we expect to see you here soon? MR. TOWNSEND: Well, after hearing this I might. You know, I've got well over a half acre, it's almost an acre and it was just under at the time. ASST. TOWN ATTORNEY: You might have a problem if you bought them after they had already merged, but that's still for another day. MR. TOWNSEND: Okay, well then that's an issue. Well, doesn't he have that situation also? ASST. TOWN ATTORNEY: No, he owned them and they merged and then one of the pieces was sold and -- MR. TOWNSEND: I see. ASST. TOWN ATTORNEY: -- he was left with the remaining piece. MR. TOWNSEND: I see. MR. TRAENDLY: If I may restate this, I believe it's in the supplementary material I've given you, but both, at the time of Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 295 ZBA Town of Southold - January 8, 2009 purchase, both lots were single and separate and maintained as such because the ownership was a different percentage. At one time I was the sole owner of the larger lot when it was sold in 19 -- rather 2005 and the other lot was owned by the two of us and it was that way until the unintended result of estate planning and fear on my part that my diagnosis was not going to let me be around even until now. So the Lord's been great to me, I'm not looking for sympathy, just, you know, one of these fright things I better do something about this. CHAIRMAN GOEHRINGER: Sure. MR. TRAENDLY: So having said that, the Chairman's comment in the beginning is one that concerns me and if I did miss things then an attorney would pick up on (inaudible) and I do understand that. I see what the attorneys do. I understand, not the read a lot of applications Town Board which publishes get them just about online concept though, I to the Huntington them and you can and often they use experts to come in and testify on behalf of the application and its merits and, you know, Pugliese Court Reporting and Transcription Service (63]) 878-8355 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold 296 January 8, 2009 that crossed my mind that maybe I ought to be a smart guy and do that, even if I want to play lawyer, I'm not playing it. It's just a cost containment issue for me. ASST. TOWN ATTORNEY: If I can just respond, clearly you've done a lot of work on this application. We've all seen you in Town Hall doing your research and you've spoken to many people. I think you have a very good understanding of what the new law requires, what the old law required. You've put together a good application. You've made a cogent argument for yourself. It's going to come down -- I don't mean to speak for the Board on this application -- to a comparison of this lot with the surrounding lots and whether they're prepared to grant a waiver on that issue. If they think they need more information on that, they should ask you. If you think you can provide better information on that, you can do that, but, you know, that's sort of where it lies. MR. TRAENDLY: I can definitely provide information through another source. For instance, an expert who will go out and Pugtiese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 297 ZBA Town of Southold - January 8, 2009 attest, perhaps a real-estate-type expert, who will attest to the size of the other lots, but to take the Suffolk County, the current Suffolk County tax map and what I gave you was from November 8, 2008 -- November 6, 2008 -- ASST. TOWN ATTORNEY: Normally, a comparison of the lots, the tax map is good enough. MR. TRAENDLY: Then I (inaudible) using my delineation of what the neighborhood is based on the most significant part -- ASST. TOWN ATTORNEY: Well, but no, the law -- I don't mean to interrupt you -- but the law, I don't have it in front of me, but it says what should be considered. I think it's properties within 1000 feet or something like that. MR. TRAENDLY: No, it doesn't say that. MEMBER OLIVA: No, it doesn't. BOARD ASST.: It just -- MR. TRAENDLY: It says, it uses the term neighborhood. ASST. TOWN ATTORNEY: Okay well then -- MEMBER DINIZIO: Yeah, it used to say that. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 298 ZBA Town of Southold - January 8, 2009 ASST. TOWN ATTORNEY: -- that's subjective. MR. TRAENDLY: The original version said 1000 feet and then this new law enacted law says -- uses the term -- MEMBER OLIVA: The neighborhood. MR. TRAENDLY: -- neighborhood, which of course is not -- ASST. TOWN ATTORNEY: Okay. MR. TRAENDLY: -- defined. If you look in the definitions. ASST. TOWN ATTORNEY: You won't find it, MR. TRAENDLY: Okay, wonderful so I took the liberty of okay I'll define what the area is. So I looked at the tax map and said well if I looked at this I'd look along the waterline and, you know, back to Trumans Path and said okay -- MEMBER WEISMAN: And the causeway. MR. TRAENDLY: -- and (inaudible). It wasn't self-serving, I just did that and said this is logical to me at least. ASST. TOWN ATTORNEY: Okay. Pugiiese Court Reporting and Transcription Service (631} 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 299 ZBA Town of Southold - January 8, 2009 MR. TRAENDLY: So I certainly would be willing to embellish on that in any way the Board would want. MEMBER OLIVA: Number 12 or not -- MR. TRAENDLY: MEMBER SIMON: MEMBER OLIVA: MR. TRAENDLY: Mr. Traendly, is your lot Lot 11. 11. Lot 11 and who is lot 127 That's owned by a gentleman named, I can't pronounce it, Nemenotkus (sic). MEMBER OLIVA: Is that to the east of you? yes. MR. TRAENDLY: That's to the east of me, MEMBER OLIVA: That's the old Malard Inn (sic) property? MR. TRAENDLY: That's -- yeah, you're going way back. MEMBER OLIVA: Yeah. Okay. MR. TRAENDLY: By the way, both were lots back to the 20s, before they were filed any place, but there's deeds going back that I was able to trace back to the 20s. CHAIRMAN GOEHRINGER: Sure. Pu§liese Court Reporting and Transcription Service (63]) 878-8355 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 3OO ZBA Town of Southold - January 8, 2009 MR. TRAENDLY: A lot of them aren't relevant to this issue, but they were separate and distinct parcels for a long, long time. MEMBER OLIVA: So your purpose in this is to get a waiver of merger so that your lot number -- MR. TRAENDLY: 11. ASST. TOWN ATTORNEY: 11. MEMBER OLIVA: -- is a legal lot? MR. TRAENDLY: Yes. As a matter of fact, MEMBER OLIVA: Okay. MR. TRAENDLY: -- want to get back to where we were on July -- MEMBER OLIVA: Thanks. MR. TRAENDLY: -- 23, 2008 -- MEMBER OLIVA: Yeah. MR. TRAENDLY: -- before the absolutely last minute, the 11th hour, determination merger. I almost had a coronary. with with MEMBER OLIVA: MR. TRAENDLY: it. You guys Yeah. I mean we were were telling me the side lines. MEMBER OLIVA: Right. doing okay how it is Pug[iese Court Reporting and Transcription Service (631) 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 301 ZBA Town of Southold - January 8, 2009 MR. TRAENDLY: And I'm now here hat in hand saying that was fine, yes, you can build on the size that you were talking about and I'm okay with that and I understand the give and take and the minimum relief concept and the -- MEMBER OLIVA: MR. TRAENDLY: Okay. -- alternative relief. So I wish I were back there. That's really all I'm trying to get to. MEMBER OLIVA: I wish we were, too. MR. TRAENDLY: Yeah. Thank you very much for saying that. That's all I'm trying to do, get back to what I thought our benchmark was. Okay. Only a statement on the mean, I think where the MEMBER OLIVA: MEMBER DINIZIO: merger law cause, I law is written you've got the lot. I think you've proven that, but whether the criteria I know we considered during that, at least in my letter to the Code Committee, was that the lot be able to have a house built on it without the need for a variance. This lot clearly could not have a house on it without the need for a variance. Now this is where I go to the Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold 302 January 8, 2009 Chairman's statement about needing a lawyer. I think you got the merger, I think that that -- because that -- my statement just before doesn't apply here. Okay? There is no provision that says that you must have -- you can only build a 10-foot wide house here. I don't believe that any house by New York State Code can be, you know, 10 feet wide. I believe there's a minimum, whether it's 15 or 20, I don't know what it is. You couldn't put a trailer in there because trailers aren't allowed unless they preexist. So I think that that's where you may need to have more help with the variances, the setback variances. MR. TRAENDLY: Okay. MEMBER DINIZIO: A lawyer may help you with respect to that, I think. MEMBER SIMON: May I make a comment on that? MEMBER DINIZIO: Sure. MEMBER SIMON: I don't disagree substantively, it's a problem, but I do recall we have had a situation we had in Greenport itself where it was very clear to me that there was a lot, which was very small and it Pugiiese Court Reporting and Transcription Service (63~) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3O3 ZBA Town of Southold - January 8, 2009 was a -- it was presented to us, I don't know whether it was a lawyer, as a legal lot, therefore, we had to do what was necessary, which meant it was impossible to get a house which was 850 square feet that could satisfy the setbacks without granting a variance. MEMBER DINIZIO: house on it, that lot. Greenport. MEMBER SIMON: MEMBER DINIZIO: that area. MEMBER SIMON: - okay. MEMBER DINIZIO: But it had an existing Leonard Street, Was it existing? Yeah. Yeah, I live in Okay, okay. You live in - It was a little different, he wanted to put a pool and it had an existing deck. It had all these things and he filled that lot, but it was an existing. It was never a subject of the merger law. MEMBER SIMON: You're right it was never a subject of the merger law, but I mean is it true that the merger law requires that one constraint on the size of the lot that -- MEMBER OLIVA: No. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 304 ZBA Town of Southold - January 8, 2009 MEMBER SIMON: -- that it not be buildable without a variance? ASST. TOWN ATTORNEY: No. No, Jim just explained that. Let's not get too far afield here. Today let's deal with the merger issue, the waiver of merger application. If you decide to grant it, then we'll have another day where we talk about what you can have on it. CHAIRMAN GOEHRINGER: Let me just say this before Joe speaks, okay, and that is -- BOARD ASST.: What if it's not granted though? Then, procedurally, the next step is? ASST. TOWN ATTORNEY: Well, if it's not granted then you have the alternative application for the area variance. BOARD ASST.: MR. TRAENDLY: BOARD ASST.: that? MR. TRAENDLY: This is before us today. Which I would be happy to Can he give testimony on Which I would be happy to withdraw, you know -- BOARD ASST.: Well no. Pugliese Court Reporting and Transcription Service (63])878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 305 ZBA Town of Southold - January 8, 2009 MR. TRAENDLY: I don't mean withdraw, but table. ASST. TOWN ATTORNEY: You want to hold that in abeyance pending the first decision? MR. TRAENDLY: Yeah, right. BOARD ASST.: Table it to -- CHAIRMAN GOEHRINGER: I'm telling you this is a cardinal lot, okay, that this Board would require possibly, I'm not speaking for the Board I'm speaking for myself, Health Department approval if we were to deal with the merger issue. The Health Department is going to play a huge role in this lot before you build anything and it's going to be a real costly situation, too, in reference to what people have required. MR. TRAENDLY: I realize that. CHAIRMAN GOEHRINGER: This is going to be one of those cement situations an entire square with the sanitary system in the middle of it and I have to tell you I had a friend who did one of those recently, it cost him $85,000.00 and I'm just mentioning that, okay? MR. TPulENDLY: But I can't buy a lot for Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 306 ZBA Town of Southold - January 8, 2009 $85,000.00. I mean, honestly and truly, it's about economics. So if I'm getting a lot for $85,000.00 then I'm doing real well. CHAIRMAN GOEHRINGER: The difference was now you have to park over the top of it, okay, because of where you have to park and so on and so forth, but that's neither here nor there. I'm not designing that for you, I don't have the ability to do that. Pardon me, sir. MR. TOWNSEND: Just to get back, I think the first time Mr. Traendly said the lots had been in existence since the 20s, that may be correct, but I think the first time it shows up on the Assessor's is '37 or '40, in that area. It was my understanding from talking to the original owner of the lot that they got it as a gift from the owner of the Mallard Inn, now this is going back in memory, you know, and that the boathouse or the garage that's on shortly after they acquired it now was built the lot. Now is it, in fact, are a single lot where you can't on, but you can put a garage you able to have put a legal house or a boathouse Pugiiese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 25 3O7 ZBA Town of Sou%hold - January 8, 2009 on? I mean, is that a good enough purpose for a lot cause then you wouldn't have those constraints. That's where it always was, it was always a -- ASST. TOWN ATTORNEY: Well, you wouldn't be able to do it from scratch today -- MR. TOWNSEND: No, no. I know he has a permit from the Trustees to tear that down, I'm just wondering if that's something that should be put on hold also until he knows what he can use the lot for. ASST. TOWN ATTORNEY: I think practical advice would be not to tear it down until you have approvals to replace it, but that's his MR. TRAENDLY: Ef I may respond, I have copies of the deeds showing where the lot came from and it came from -- it was owned by a Presbyterian Council. I think it was a not- for-profit that another family bought it from the year before and it was sold by this other family, by the way the name was Muller and Muller bought it from the Council people and then Muller sold it to -- MR. TOWNSEND: (Inaudible). Pugiiese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 19 2O 21 22 23 2~ 25 3O8 ZBA Town of Southold - January 8, 2009 MR. TRAENDLY: -- the (inaudible), so this was not given to anybody who owned the other lot. I can tell -- I can assure you of that and the Board has the paperwork to assure that that is accurate. I've given you a copy deeds. So I'm comfortable with that that was something I was able to do of those analysis myself. MR. TOWNSEND: before it was given to Mr. said it was given, but -- MR. TRAENDLY: Yeah, So the lot already existed -- sold (inaudible) the first it was filed with Suffolk County it was, that they show, was -- No, the first deed was January 4, 1947. MR. TOWNSEND: 47. BOARD ASST.: What year was that, '47? MEMBER OLIVA: '47. MR. TRAENDLY: '47, yeah. 61 years ago. Okay, so at this CHAIRMAN GOEHRINGER: particular point we are only dealing with the merger issue today. MR. TRAENDLY: Yes, with my full recognition that it doesn't mean I'm getting anything else. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 309 ZBA Town of Southold - January 8, 2009 to CHAIRMAN GOEHRINGER: Correct. MR. TRAENDLY: The point is I'm powerless go beyond that anyway without a variance. CHAIRMAN GOEHRINGER: Okay. MR. TP~AENDLY: I'm fully cognizant of that. CHAIRMAN GOEHRINGER: Okay. We thank you, Mr. Traendly. I would like to close this hearing and I will make a motion closing the hearing -- MEMBER OLIVA: Second. CHAIRMAN GOEHRINGER: testimony. (See Minutes for -- pending that Resolution.) F'ugiiese Court Reporting and Transcription Service (631) 878-8355 Towa Annex/First Floo~, North. Fork Bank 54375 Main R~:I (at Youn~ Av~nuc) $outhold, NY 11971 htt'p://;out holClt~wn,nor~h f'ur~.m~t BOAI~{~ OF APPEA.L$ TOX,VN OF $OUTHOLD Tel, (651) 7684809 Pax (631) 768-~fi4 Februa~ 4, 2009 53093 Main Road EO. Box 1179 81/85 $ou~Okt, NY 11971-0959 Mr. Henry Traendly P,O, Box 1589 .Jamesport, ~ 11947 l~: ZBA File No, 6207 - Application for Waive:r ofi,Vlerger De~ Mr. Traendly: Please find enclosed, a copy of the Zoning Board o£ Appeals determination rendered January 22, 2009. The original is ~oday being t~ansmi*:ed' to ~,he Town Clerk's O:~ce for £~lin{: an,J permanen~ recordkeeping, Thank you, Very ~rtdy youre, Encl. Lincl~E.OWalski 02t04/290g 17;08 6~17~5~0~4 AFPE, Ai~ BOARD M~MBERS Gerard ~ Go~hdng~r, Ruth D, OlJw: L~s~m K~nes Wei~. ZONINGBI)OF'APPEALS PAGE 02/05 Southold Town Hall 53095 M~in Road · P.O. Box 1179 Soothold, NY 11971-0959 Toum Ann~/Fint Floor, North Fork Bank .54375 Mai~ Road (at ¥oungs Avenue) Soutbold, N~ 11971 ht~://soulhold~wn.no~.h~'k,nc~ ZONING BOARD OF APPEALS TOWN OF SOD'r~OL]) ~1. (631) 76t,,1~ · F~ (~1) 7~-90~ F~NDINGS, DELIBEP~TIONS AND DETERMINATION MEETING OF JANUARY 22, 2009 # Name~ ofA~p~cant: HE~Y T~LY Lo~ati0n ~propsrW: 1S000 ~X RO~, EAST ]~ION SEO~ DE~INA~ON: ~e ~ng Board af A~i~z~z ha~ ~si~d th~ pr~e~ ~der consl~era~on m tMs appBca~:ton and determines ~at ~is ~w f~ un~r the ~e Ii':ta~go~ of the Sta~'~ ~t of Ac~one, wi~out i=ther s~ps ~r ~ROPER~ FA~ESC~PTY. ON: T~ two properties w~ch ~m the su~e~ of the app~nt's request for an ~merger ~e sho~ on ~e O~ T~}M~ as D~tria 1000 Se~on 31 Block 14 M~ N~ber 11 11% own~dhy ~e apphcant, ~d Sec~on 81 Block 14 ~t N~ber 12 12') ~r the a~acent pmpe~y. C~ ~1 con'mhZ 7,087 squ~ ~eet with 35 ~et ~long the Man ~ad N.Y.S. ~uti 25) and ex~ndi~ 209.43 ~e~ u~ a tie hne ~ong ~ wa~r'~m~k of ~ent ~arbor, as shown by a s~y prep~d O~de~l b~ ~nneth F. Ab~z~;o, L.5. dated J~ 23, 19~ 0ob ~96-0575). ~e prope~ is ~proved with a g~age. C~ 12 co~t~s 44,~74 square ~et ~d is im~.mved with a dwe~ng and accesso~ ~age, az shown on t~e November 21, 1984 s~ey p~p~ed ~r Items Mc~ty ~ H~ard W. Young, L.S. · B~IS OF ~P~ICA~ON: This app~cafion is a ~eq~st ~r a waver of meror ~der 5scion 280-11 to u~erge ~) propertie~ based on application for a b~.g permit and the B~.l~g Inspe~or's amended J~y 25, 2005 Noti~ of Disapprove. The B~ld~i' Inspector sta~s that ~he 0210412005 ZDN ZNGBDDFAPI:~L~ Pa~e 2 - January 22, 2009 ZBA ~ $~0~ - I-~ea~y Traandly CTM 31-14.1! ' amended J~y 25, 2008 Notice of :Disapproval ia based on a survey by Lou~s G. Schwartz updated 7/15/2008 to address the ::~erl~er of~s subject lot w~ch merged wi~ an a~a~n: lot to ~e northeast (SC~ ~ 1000.31-14-12) p~su~t W ~i~e ~, Section 280..10, w~ch sta~s: or ~Co~o~iu~ ~t w~c~ ~s been h,~d i~ common owne~mp wz~ the ~st lot at ~y ~e a~r J~ 1, 198~. ~ a~ent lot is one whic~: abu~ ~ the p~cel for a ~m]~n co~e of ~ (50) fee:. o~ more.',~n dist~. No~b~min~ lo~ ~h~l mer~e ~t~ the ~t~ lot size ~o~s to the ~eni b~k ~b~d~le ~qu~men~. ,, FINDING~ OF FACT The Zoning .'Board of Appeals hel,! a public h~,~m~g concerning this property on September 25, 2008 ~nd on 3,mua~ 8, 2009, a~ which time written and oral evidence were pre~ented. Special Oirc~,~tances: The A~sLstant Town A~mey ~t the request of f, he Build_tug In~]~ecto~ advised that ~he adjacent lo': 12 was merged with the applicant's Subject CTM 11. duri.ng the September 25, 2008 area variance hearing. ~e Building Inspector confirmed ~h2t ~he determination on July 25, 2008. Durfng the ~Snuary $, 2009 public hea~ing i~[r. ~¥aandly requested severing the lot mead, er issue before the Board f~om th~ ren~-~ug area variance applicatlo~,...~d therefore the re~-~ug issuers une~ ZBA File # 6154 will be held in abe~hnce until the waive~ to unmerge has been decided. Uniqueness'.'.~rf Application to u~uuerge CTI~[ 11: During the hearing, the applicant t~tified ~.~ he transferre¢l title in 2005 to CTM 12, ~m [mproved lot. CTM 12.is 44,174 square feet (1.01 acres], there was no attempt to create a lot line chgn~e to ad~ square footage to CTh~ 11, before the sale of CTM 12. The Zo-~g Board finds that, pursuant to Resolut[on i~o. 2008,950 adopted by the South01~ Town Board on October 21, ~008, amending the Zoning Code Waiver Pre~sions of the Town ¢,f Southold ~er~z~ Law, Section 280-11, the applicanfs ~equest for a waiver i~ denied for the fbllowing rsa~ns: PAGE B3/05 Z~'~INOit~DOFAPPEAL$ PA~E 84705 Po~ S- Janua,~y ~2, 2009 ~,BA ~! 6207 - H~m~ T~&~ncRy C'~ 8L~4,11 1. The waiver woulcl ~e~gnize a lot that is not comparable in size to the majority of~ the improver lots ~a the area because au analysis of the immediate SZea indicates Che follo~ing: · Tax LO~ 1000~81-14.12, with which the ,~ub~ct lot CTM 11 is merged, is 44,l~4 scluare fee~ (1.01 a~:res) and is improved with a home. · Tax ~t 1000-31-14-11, the subject propert'7, is .16 o~ an acre an([ is improved with a garage. · Tax ..'~ot ~000.31-14.10 is .2~ o{ an acre, imp'~oved with a home. , Tax ~ot 1000-31-14-14 is .28 of sn acre, improved with a home. · Tax Lot 1000-81-14-9 is .49 of an acre, k~prc~ed with a home. · Tax Lot 1000-~-14-18 is .51 of au acre, :improved with a home. · Tax .Lot 1000-31-14-15 is .4'? of an acre, imp~:oved with a home. · Tu Lot 1000-~1. t4-&1 is .4,9 of an ac=e, improved with ahome. · Tax ~ 1000.31-14-8.2 is .4,6 of an acre, imf,roved with s home. · Tax bt 1000-~1.14-7 i$1.6 acres, improved with a home. Across ~e Main Road at Di~trf.ct 1000 Section :~1 Block 5 are: · Tax t~ot 1000-~1-5 10.2 i~ 1.7~ acres, ira@roved with a home. · Tax Lot ~000-31-5-9.1 is .58 o£ au ac~, improved with e small structure. · Tax Lot 1000-81-5-8.1 is .8'r of an ~cre, ;Lmp~:oved with a home. This analyS~s indicates 12 proper:les within t'ne immediate area, six of which are three '.t'.'.~n... es larger in area than the subje~.~ pzopefm Also, one is 5ye (5) · .___B2t0412~0S 17:0B 6~i7~59064 ZDNIN~i~DOF'APPEAL~ P~E 05105 ~g~: 4,-,J'Sm,',u~,' 22, 2009 CTM SL14-11 times larg~ than the subject property, and two others are ten (10) larger tha~tl~e subject property. 2. The w~Ver wo~ld ~co~e a ~ot t~t is not ~ac~mt. ~ evi~nce ~ws had not bee~. trea~d and m~nta~d as separa~ and ~depen~nt resident lot since thg &~ of i~ ori~al ~e ~tion and ~e e~de~ shes in fa~ tha~ it is ~proved'by an accesso~ 3, ~e proposed wmver and re~g~Uom w~ ~'eate an adverse ~pact om the physic~ or env~o~en~l conditions in t~ neighborhood or ~s~ct because: a. C~ ~1 is very n~row and ~mpacts both p~cels on either ~de. b, ~he neighborhood ~n~,iste of many on~.h~ acm lo~ ~d l~ger ~ma~ incl~e D.m Pond and Orient t~rbo~, re~en~ May lo, ~Ou. let~t~ iss~d by the Town L~ C~rdina~ ~ th~ T~n co~min~ [ncon~n~ under Chapte~ 2~58 Wa~on~ Consis~n~ ~, Southold Town Co~, and stan~ of ~cal' Wa~r~ont Revit'~za2on Pro.am ~VfBP) Po~ ~ta~da~s. ~.~SOL~I~N OF THE BO~D: ~n co~derM~ ~ o~ the above racers and ~ppl~g th~ b~anc~ test unde~ To~ Code Chap~r 280, ~e ~I, motion was.o~red~y Mem~r O~va, ~nded by Ch~man Goeh~n~, ~nd DE~ the w~ve~, as Vote of the'..~d: ~es: Membm~ Ooeh~nSer (Ch~an), Oliva, ~o, Simon and ~eisman. ~is Resolution was duly a,i~ted (5-0), .;, ]~TH D. OL~A, ~CE C~RWO~ Approved for ~n~ 2/~ /2009 HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 DEC 9 2008 December 09. 2008 To: Zoning Board of Appeals ["ZBA"] - Southold ZBA # ~-~ 2 ~' ¢ Subject: Our attached Area Variance Application for parcel- S C T M # 1000 31 14 11 Mr. Chairman and Ladies and Gentlemen of the ZBA Board, The Purpose of this letter is to explain our intention in filing the Subject Application. The application represents our pleading to the ZBA for an area variance and is due to the fact that, on July 25, 2008, the Building Department determined that the subject parcel [ 31 - 14-11 ] was merged with the adjacent westerly lot [31 - 14- 12] which was previously owned by us until its sale to third parties on October 28, 2005. The granting of our application will re-enable us to continue pursuing addition ora residence to the subject plot for our retirement. Concurrent with this application, we are also applying to the Southold Planning Board for Lot Line Modifications and Waiver of Subdivision Review as provided for under S A 106-64 of the Southold Town Code. Our application to the ZBA is supported with the obligatory "Reasons for Area Variance" as well as additional relevant information in a document originally submitted August 11, 2008 and updated December 04, 2008 for the purpose of augmenting this Area Variance Application. We will provide proof of our application to the Planning Board when completed and will endeavor to provide any and all additional information the ZBA deems necessary to adjudicate our application. Respectfiffiy Submitted Hemy H Traendly & Barbara A Cadwallader HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEWYORK, 11947 To Southold Town Zoning Board of Appeal - ZBA # ~',~.~Vr 12/04/08 AREA VARIANCES REASONS: (additional sheets) -for Subje~t property SCM 1000 31 14 1I We also request that you review our updated supplement to our application submitted as: ZBA # 6207 Accompanying "Reasons" dated August 11, 2008 and re-edited December 04, 2008 [attached hereto] for additional facts relevant to this application. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted because: The lot is comparable in apparent size and esthetics to the adjoining westerly waterRont properties. The neighborhood is comprised of many well established preexisting nonconforming properties ranging in non conformity from side yard setbacks, rear yard [seaward] setbacks and front yard [landward] setbacks to lot size dimensions. The area is also replete with accessory buildings. Virtually all the neighborhood is fully developed. The immediately surrounding and adjoining properties are improved, have C of O's and most have non conforming setbacks similar to those that the subject property would require variances for in order to place a residence on it. As such the lot fits in with the character of the neighboring community and the addition of one additional modest but conforming building lot will create no appreciable detriment or undesireable change to the all but completely developed neighborhood. And finally, the granting of this area variance will ultimately result in exhibiting more conforming set backs than the properties existing building. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue other than an area variance, because: The lot was created by deed recorded in the Suffolk County Clerks office on January 02, 1947 per S 280-9. Lot Creation A. (1) and later officially recognized due to its conformity to "minimum lot requirement[s]" as set forth in Bulk Schedule AAEN as of the date of the lot creation. The lot remained within the same family ownership beginning with Arthur Limouze for almost 50 years until his surviving heirs placed it for sale in the summer of 1996. This resulted in our purchasing the lot in September 1996 for the sole purpose of ultimately building an affordable retirement home on it. For over 60 years, fiom its creation until at least July 25, 2008, the date on which the Southold Building concluded it was merged by operation of law, the subject lot was treated as a distinct and lawfully recognized property and never serviced or appeared to be combined with any other propeCo, by all its owners and has remained a solitary property in the eyes of the Southold Township and Suffolk County taxing authorities. During July 2008 ZBA public hearings regarding setback variances applied for on the subject property and before the unanticipated determination of a merger, several board members, while discussing the ability to locate a home on the lot without impacting the adjoining homes opined, [specifically without offering final determination or commitment], that the subject lot is a buildable lot, albeit a difficult one, with the proper variances. As the adjoining lot 31- 14- 12, to which the subject was determined merged with on July 25 2008 by the Building department, was innocently but intentionally sold to third parties almost three years earlier in October 28, 2005; absent any regulatory challenge or protest or notice fiom the building department until the determination date, there is an absolute inability for us to purchase sufficient additional property to rectify the problem and there is other alternative but to request an area variance to reestablish its lost recognition. (3) The amount of relief requested us not substantial because: The neighborhood genre, stretching westward fi'om the subject property along the shoreline of Gardiners Bay to Marion Lake, has a long Southold Zoning history of waterfront recognized lots created by deeds recorded in the Suffolk County Clerks Office prior to 1983.and recognized by Sonthold Township under S 280-19 A. (1). Many of these lots would now be considered substandard but, preceded the Enactment of the Southold Zoning Ordinance [1957] and the "Bulk Schedule AA". These same lots have virtually all been improved with residences. The subject lot was created in January 1947 and thus officially recognized by the Bulk Schedule under its "Prior to April 9, 1957" designation category. Based on information and belief, we submit that the subject lot represents the sole remaining undeveloped buildable lot in the neighborhood and, it represents a uniquely affordable building parcel for retirement purposes. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions because: The property is virtually flat and there are no serious drainage or erosion issues. To evidence the lots benign physical and environmental qualities, both a Trustees Wetlands Permit and an LWRP exemption have been granted to us. Further, based on various relevant deeds and surveys and in contrast to more common coastal erosion exposures, the subject lot has naturally grown significantly in size [depth] over the last 60 years without any adverse effect on adjoining properties. Finally, as the sole remaining undeveloped lot in the vicinity the addition of one modest sized buildable lot will have an infinitesimal effect on its physical and environmental surroundings and there is no evidence suggesting otherwise. (5) Has the alleged difficulty been self created? ( ) Yes, or (X) No Our interpretation of this question assumes the following. The difficulty was not self created as the lot was a conforming and recognized lot and only became nonconforming due to changes [increases] in Bulk Schedule sizes as a result of more restrictive subsequently enacted area requirements. This is a common problem and understandably remains the prerogative of each community. It is also clearly and historically well within the authority of the ZBA to grant such applications for relief under these ckcumstances and we plead that the board favorably considers this application for relief and grants it. Are there Covenants or Restrictions concerning this land? (X) No ( ) Yes Respectfully submitted, Henry H Traendly & Barbara A Cadwallader HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 Updated 12/04/08 To: Zoning Board of Appeals Southold Township - ZBA # 6264 Subject: AREA VARIANCE - Our application to the Southold Town Board of Appeals for our property - C T M # 1000 31 14 11 ac.c?mpanying "Reasons~ take positive action an~fi~'~-~Ov?' ? ~rger determination ~ [~'~ paper was prepared solely ~ Mr. Chairman and Ladies and Gentlemen of the Board, ~ NEIGI~BORHOOD The neighborhood is fully developed. Virtually all neighboring lots have well established pre existing non-confirming attributes similar to those of the subject property and the majority is improved with residences and/or other buildings, as was the subject lot when we acquired it. The subject lot's improvement will not produce an undesirable change in the character of the neighborhood, nor will it be detrimental to other properties, as explained in this application. None of the lots south of NY Rte 25 are vacant or likely candidates for subdivision per the current R 40 zoning or for environmental reasons. The addition of one modest sized non-conforming residence will add little or no quantifiable increase to the buildings density in the neighborhood and it will have a positive rather than negative esthetic impact on it. Note that the existing garage/boat house on the subject property is essentially the same width as the westerly adjoining property residence and only a few feet less than the residence we are applying for. The subject lot is "recognized" and remains recognized having been created on January 04, 1947. [See Suffolk County Tax Map 1000-31-14-11 as used by Southold Township] The lot has appeared on all published Suffolk County Tax Maps. These tax maps have been published from 06/25/73 to the present according to Suffolk County. The Southold Assessors Office confirmed that these tax maps are used by them for official purposes. The lots creation proceeded, by more than 10 years, the adoption of Southold Town's zoning ordinance [April 09, 1957] or the interrelated Bulk Schedule AA. [Added 11/28/95 and amended 07/22/97]. As such, the lot remains recognized to this day as per certain Township and County records. Further, the lots recognition is confirmed by the Zoning Board of Appeal's Bulk Schedule AA [Prepared by ZBA Office 08/31/01], which shows the following as minimum dimensions for lots reco~ized prior to 1957 as: "Lot Size Any", "Lot Width Any" and "Lot Depth Any". [See attached Bulk Schedule AA] The frontal roadside width of the subject lot is within one ortwo feet of the width of the two immediately adjacent and non-conforming westerly lots and visually similar to the character of them and others in the neighborhood. It is also 68.8% of the average area of the two adjoining lots. The subject lots non-conformity [side yard and front yard setback] is not materially greater than that of the adjoining lots and other lots ia the neighborhood. Nonetheless, we respect the ZBA's relief limitations and charter to work within the confines of NY Town Law 267-b. We have worked and will continue to work with the Board to obtain their grant of the minimum relief necessary to enable us to enjoy the benefits ora new dwelling on our land, while preserving and protexXiag the character of the neighborhooc[ Such relief is unachievable by a different method. The subject lots seaward back yard set back, however, is more than conforming to the town codes and is arguably and appreciably more environmentally friendly than many of neighboring non-conforming developed properties. [See attached Trustee permit and LWRP exemptions granted] The non-conforming physical characteristics [deep but narrow] of many of the neighborhood lots has resulted in the construction of homes which are visually comparable to a house we will build if approved. Such an improvement would furhher enhance the esthetics and harmonious characteristics of the neighborhood due to replacement of the existing !mlaflIa~--'tiye and visually encroaching structure. BACKGROUND and relevant History of the subject lot and the adjoining lot. When I [HILT], acquired the adjacent lot [31-14-12] in 1988 it was deeded in one name [ItHT] and had been improved with a residence and a C of O and was single and separate. Subsequently, the entire residence was expanded and a new C nfO was issued in 2001. The property was-non conforming as respects side yard set back and f~ont yard set back but, exceeded the Bulk Schedule area volume minimum_ When we [I-IHT & BAC] acquired the subject lot in 1996 it had been recognized in1947, it was single and separate, improved [with garage/boat house] and conforming to the Southold Bulk schedule for lots created prior to April 1957. It was acquired solely to be improved by the replacement of the existing structure with a one family residence at a later date. In order to keep the subject lot single and separate it was deeded in two names Jill-IT &BAC]. Subsequently, on 03/14/1997 for the purpose of estate planning and due to diagnosis of my progressive and deteriorating orthopedic injury, BCT was added to deed of the adjoining property by a Garden City NY Estate planning attorney. This was done first to preserve the single and separate nature of the propen'y, and also to conform to my will and our intended unequal ownership interests in the property. During the ensuing years every effort was made to distinguish the subject property fxom our adjoining residence. A fence was added and rebuilt on the common side of the two properties and the existing garage structure provided a supplementary and architecturally defining structural delineation. The subject property was never landscaped or improved visually in order to sustain the lots separation. In May of 2006 we initiated our effort to further improve the subject propexty with a dwelling and we obtained a single and separate ["S & S"] title search policy and obtained advice about the project from a local attorney and a several surveyors. In June of 2006 we approached the Building department with our 1996 survey showing a hand drawn building foot print proposal and presented it and with the S & S to the building departmem to obtain "feedback" and to gain knowledge of the building application procedure and the preferred sequence of the other Town applications. The original 2006 S & S was provided to all Southold Boards and Departments. Over the next two years we were compelled to engage surveyors, professional engineers and attorneys to support our numerous applications to, and conversations with, various local Town departments and boards [Building, Trustees, LWRP, and ZBA] All local applications began with a Building Department Application for Denial [the least expensive path] and most, if not all of these applications were accompanied by a copy of the S & S. and suppo~ng letters. During that period we also met with and spoke multiple times to the NY State Department of Health and the NY DEC for comparable compatibility reviews of our imended application presentations across state and local jurisdictions. The required Public Trustee Hearings were held and noteworthy progress was made. We formally applied to the ZBA in January 2008, in anticipation of favorable outcomes fi-om the Tmstce and LWRP applications and we begin the appeal process. The Trnstee's approval was granted with a Non Jurisdictional determination and permit in January 2008 and the LWRP concluded our application was exempt in May 2008 and so advised the ZBA and other interested parties The ZBA held its first public hearing on our application on May 29th of 2008. The ZBA was helpful and provided direction as well as identification ofthek issues and concerns. It was agreed that we would go back to our engineer and redesign a more acceptable proposal. The meeting was adjourned and carried over to the next available meeting, on July 24, 2008. Believing that we were on a path that would result in our obtaining the relief we sought we directed our engineer re-design the building and increase the side yard setbacks to diminish the mount of relief we needed. On Friday afternoon July 18, 2008 at 3:25 PM a Ms. Vicky Toth of the Southold building depmhuent lef[ a voice mail message advising that they had a question regarding the S&S we had provided multiple times. Her call was returned the following Monday, July 21, 2008 and her question was answered. She advised that "Legal" would get back to me if there was a problem. On the eve of the ZBA hearing, July 23, 2008 at 4:10 PM and 4:29 PM, Michael Verity of the building department called and advised that he thought there was a problem with the S&S and advised me I could either request postponement of the ZBA heating or go forward with it but advise the ABA that there would likely be a problem_ I requested a meeting with him, pre ZBA heating, the following morning and he agreed. On the morning of July 24, 2008 1 met with Michael Verity and Vicky Toth of the Building Department. During the meeting I posed a number of questions related to the application process and related administrative procedures. Alt the questions were responded to. The following are salient facts obtained, from my perspective. The Township uses the Suffolk County Tax Maps, not their own, for issues related to zoning and assessments. The Township does not strike-offproperties deemed to have merged, or properties formerly recognized and conforming that have since become nonconforming due to Bulk Schedule changes, from the tax roles. The properties remain taxable. The ownership of a property deemed merged does not change as a result of the merger. The Township does change the status of properties formerly recognized and conforming ifa superceding Bulk Schedule update requires greater area dimensions than the properties have. [unverified] The explanation of the reason why the problem with the S&S took two plus years to be identified and recognition of the sale oftha adjoining lot took almost three years to detect was simply that "it fell through the cracks" and "someone dropped the ball" Mr. Verity also said that this does not happen often and he apologized for the building department's eleventh hour notification of the problem. I also asked for their advice on howto proceed. They both recommended that I apply for a waiver of merger and keep it separate from the application about be heard later in the day in order to save the progress already made and to avoid having to restart the entire process. In closing Mr. Verity suggested that I immediately contact the ZBA Board Assistant Ms. Kowolski, and ask how I should proceed with the hearing and advise the ZBA that there was thought to be a problem with the S&S. I did so and Ms Kowolski approached the ZBA chairman and he instructed me through Ms Kowolski to proceed with the hearing on the application as submitted to them UNINTENDED MERGER SCENARIO The adjoining lot was sold almost 3 years ago and we moved forward with our plans to build a replacement retirement home due to the absence any advice or sense that there was a problem. Consequently, we obtained an S&S Title Policy on May 09, 2006 naming and indemnifying The Town of Southold south for $25,000 and presented same to Connie in the Building Department in June 2006 for feedback. Based on this and on the advice the town we proceeded to make applications to the requisite town boards, beginning with the Trustees and the LWRP. We have since obtained approvals or equivalents from both entities. For a totally unrelated estate planning purpose as detailed above and with full cognizance that the S&S had to be protected BCT was unnecessarily added to the adjoining [now sold] property deed by the Garden City Estate attorney we engaged. This was after having been assured by the attorney that all measures undertaken would sustain the lots separation. Due to the elapsed time fi-om this action to date we no longer have any legal recourse to the erring attorney available to us. This was not a self created problem but rather one resulting from subsequently enacted more restrictive area requirements. And, although we maintained the dissimilarity of the names on the deeds as a clear indication of our intended separation of the properties, it apparently has insufficient legal underpkmings to uphold the division of the lots. The subject never intentionally serviced the adjoining residence and remained distinctly separate physically to preserve its status Before the merger determination we owned a recognized, buildable and S&S lot that we purchased to build on for retirement purposes. The lot was an excellent candidate for permit approvals, albeit it one with variances required. As a result of the merger we now have an unbuildable lot with a legal status that is undetermined except for its recognition on the tax maps and tax roles and the resulting liability therefrom. I have been advised by the town that we still own the propetty and I believe this to be a fact but, our ownership is apparently not coupled with any time-honored property rights, only liabilities. We are concerned that we may be called upon to defend our legal ownership of the subject lot fi-om others who may, misguided or otherwise, attempt to interpret the merger determination for their own self interest. In summation, we are now past the point of no return to build or acquire a retirement home due to the time and money expended to date and we can no longer afford to purchase a comparable lot or anothe, home. We, without a waiver, cannot avoid being lef~ with a valueless "no mans land" replete with liabilities and no means to acquire an alternative residence. There will be no significant alterations of the natural details, contours or slopes of the land and there will be no substantial filling required. To the contrary, the result of these voluntary restrictions and, more importantly, the Tmstee's permit and the LWRP's exemption are evidence of the beneficial environmental affect the proposed changes will bring to the seaward side of this Orient harbor lot. The property will in fact remain more environmentally and ecologically stable, resistant to erosion and, at the least, neutral as respects any other flood concerns than many other properties in the neighborhood. Respectfully submitted, Henry H Traendly & Barbara A Cadwallader HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 August 11,-2008 To: Zoning Board of Appeals Sonthold Township - ZBA # 6207 Subject: Waiver to Unmerge Property - Our application to the Southold Town Board of Appeals for our property - C T M # 1000 31 14 11 Please consider this as our accompanying "Reasons" for the board to take positive action and provide relief from the merger determination [This paper was prepared solely by the applicants] Mr. Chairman and Ladies and Gentlemen of the Board, ~ NEIGItBORHOOD The neighborhood is fully developed. Virtually all neighboring lots have well established pre existing non-confirming attributes similar to those of the subject property and the majority is improved with residences and/or other buildings, as was the subject lot when we acquired it. The subject lot's improvement will not produce an undesirable change in the character of the neighborhood, nor will it be detrimental to other properties, as explained in this aPPlication. None of the lots south of NY Rte 25 are vacant or likely candidates for subdivision per the current R 40 zoning or for environmental reasons. The addition of one modest sized non-conforming residence will add little or no quantifiable increase to the buildings density in the neighborhood and it will have a positive rather than negative esthetic impact on it. Note that the existing garage/boat house on the subject property is essentially the same width as the westerly adjoining property residence and only a few feet less than the residence we are applying for. The subject lot is "recognized" and remains recognized having been created on January 04, 1947. [See Suffolk County Tax Map 1000-31-14-11 as used by S outhold Township] The lot has appeared on all published Suffolk County Tax Maps. These tax maps have been published firom 06/25/73 to the present according to Suffolk County. The Southold Assessors Office confirmed that these tax maps are used by them for official purposes. The lots creation proceeded, by more than 10 years, the adoption of Southold Town's zoning ordinance [April 09, 1957] or the interrelated Bulk Schedule AA. [Added 11/28/95 and amended 07/22/97]. As such, the lot remains recognized to this day as per certain Township and Coumy records. Further, the lots recognition is contJrmed by the Zoning Board of Appeal's Bulk Schedule AA [Prepared by ZBA Office 08/31/01], which shows the following as minimum dimensions for lots recognized prior to 1957 as: "Lot Size Any", "Lot Width Any" and "Lot Depth Any". [See attached Bulk Schedule AA] The frontal roadside width of the subject lot is within one or two feet of the width of the two immediately adjacent and non-conforming westerly lots and visually similar to the character of them and others in the neighborhood. It is also 68.8% of the average area of the two adjoining lots. The subject lots non-conformity [side yard and front yard setback] is not materially greater than that of the adjoining lots and other lots in the neighborhood. Nonetheless, we respect the ZBA's relief limitations and charter to work within the confines of NY Town Law 267-b. We have worked and will continue to work with the Board to obtain their grant of the minimum relief necessary to enable us to enjoy the benefits of a new dwelling on our land, while preserving and protecting the character of the neighborhood. Such relief is unachievable by a different method. The subject lots seaward back yard set back, however, is more than conforming to the town codes and is arguably and appreciably more environmentally friendly than many of neighboring non-conforming developed properties. [See attached Trustee permit and LWRP exemptions granted] The non-conforming physical characteristics [deep but narrow] of many of the neighborhood lots has resulted in the construction of homes wMch are visually comparable to a house we will build if approved. Such an improvement would further enhance the esthetics and harmonious characteristics of the neighborhood due to replacement of the existing unaihnctive and visually encroaching structure. BACKGROUND and relevant History of the subject lot and the adjoining lot. When I [HHT], acquired the adjacent lot [31-14-12] in 1988 it was deeded in one name Jill-ITl and had been improved with a residence and a C of O and was single and separate. Subsequently, the entire residence was expanded and a new C of O was issued in 2001. The property was-non conforming as respects side yard set hack and l~ont yard set hack but, exceeded the Bulk Schedule area volume minimum. When we [HI-IT & BAC] acquired the subject lot in 1996 it had been recognized int947, it was single and separate, improved [with garage/boat house] and conforming to the Southold Bulk schedule for lots created prior to April 1957. It was acquired solely to be improved by the replacement of the existing structure with a one family residence at a later date. In order to keep the subject lot single and separate it was deeded in two names [HI-IT &BAC]. Subsequently, on 03/14/1997 for the purpose of estate planning and due to diagnosis of my progressive and deteriorating orthopedic injury, BCT was added to deed of the adjoining property by a Garden City NY Estate planning attorney. This was done first to preserve the single and separate nature of the property, and also to conform to my will and our intended unequal ownership interests in the property. During the ensuing years every effort was made to distinguish the subject property from our adjoining residence. A fence was added and rebuilt on the common side of the two properties and the existing garage structure provided a supplementary and architecturally defining structural delineation. The subject property was never landscaped or improved visually in order to sustain the lots separation_ In May of 2006 we initiated our effort to further improve the subject property with a dwelling and we obtained a single and separate ["S & S"] title search policy and obtained advice about the project f~om a local attorneY and a several surveyors. In June of 2006 we approached the Building depa~ m~ent with our 1996 survey showing a hand drawn building foot print proposal and presented it and with the S & S to the building department to obtain "feedback" and to gain knowledge of the building application procedure and the preferred sequence of the other Town applications. The original 2006 S & S was provided to all Southold Boards and Departments. Over the next two years we were compelled to engage surveyors, professional engineers and attorneys to support our numerous applications to, and conversations with, various local Town departments and boards [Building, Trustees, LWRP, and ZBA] All local applications began with a Building Department Application for Denial [the least expensive path] and most, if not all of these applications were accompanied by a copy of the S & S. and supporting letters. During that period we also met with and spoke multiple times to the NY State Department of Health and the NY DEC for comparable compatibility reviews of our intended application presentations across state and local jurisdictions. The required Public Trustee Hearings were held and noteworthy progress was made. We formally applied to the ZBA in January 2008, in anticipation of favorable outcomes from the Trustee and LWRP applications and we begin the appeal process. The Trustee's approval was granted with a Non Jurisdictional determination and permit in January 2008 and the LWRP concluded our application was exempt in May 2008 and so advised the ZBA and other interested parties The ZBA held its first public heating on our application on May 29t~ of 2008. The ZBA was helpful and provided direction as well as identification of thek issues and concerns. It was agreed that we would go back to our engineer and redesign a more acceptable proposal. The meeting was adjourned and carded over to the next available meeting, on July 24, 2008. Believing that we were on a path that would result in our obtaining the relief we sought we directed our engineer re-design the building and increase the side yard setbacks to diminish the mount of relief we needed. On Friday afternoon July 18, 2008 at 3:25 PM a Ms. Vicky Toth of the Southold building depaslment left a voice mail message advising that they had a question regarding the S&S we had provided multiple times. Her call was returned the following Monday, July 21, 2008 and her question was answered. She advised that "Legal" would get back to me if there was a problem. On the eve of the ZBA heating, July 23, 2008 at 4:10 PM and 4:29 PM, Michael Verity of the building department called and advised that he thought there was a problem with the S&S and advised me I could either request postponement of the ZBA hearing or go forward with it but advise the ABA that there would likely be a problem I requested a meeting with him, pre ZBA hearing, the following morning and he agreed. On the morning of July 24, 2008 1 met with Michael Verity and Vicky Toth of the Building Department. During the meeting I posed a number of questions related to the application process and related administrative procedures. All the questions were responded to. The following are salient facts obtained, fi.om my perspective. The Township uses the Suffolk County Tax Maps, not their own, for issues related to zoning and assessments. The Township does not strike-offproperties deemed to have merged, or properties formerly recognized and conforming that have since become nonconforming due to Bulk Schedule changes, fi.om the tax roles. The properties remain taxable. The ownership of a property deemed merged does not change as a result of the merger. The Township does change the status of properties formerly recognized and conforming if a superceding Bulk Schedule update requires greater area dimensions than the properties have. [unverified] The explanation of the reason why the problem with the S&S took two plus years to be identified and recognition of the sale of the adjoining lot took almost three years to detect was simply that "it fell through the cracks" and "someone dropped the ball" Mr. Verity also said that this does not happen often and he apologized for the building department's eleventh hour notification of the problem. I also asked for thew advice on how to proceed. They both recommended that I apply for a waiver of merger and keep it separate fi.om the application about be heard later in the day in order to save the progress already made and to avoid having to restart the entire process. In closing Mr. Verity suggested that I immediately contact the ZBA Board Assistant Ms. Kowolski, and ask how I should proceed with the hearing and advise the ZBA that there was thought to be a problem with the S&S. I did so and Ms Kowolski approached the ZBA chairman and he instructed me through Ms Kowolski to proceed with the hearing on the application as submitted to them THE UNINTENDED MERGER SCENARIO The adjoining lot was sold almost 3 years ago and we moved forward with our plans to build a replacement retirement home due to the absence any advice or sense that there was a problem. Consequently, we obtained an S&S Title Policy on May 09, 2006 naming and indemnifying The Town of Southold south for $25,000 and presented same to Connie in the Building Department in June 2006 for feedback Based on this and on the advice the town we proceeded to make applications to the requisite town boards, beginning with the Trustees and the LWRP. We have since obtained approvals or equivalents fi-om both entities. For a totally unrelated estate planning purpose as detailed above and with full cognizance that the S&S had to be protected BCT was unnecessarily added to the adjoining [now sold] property deed by the Garden City Estate attorney we engaged. This was after having been assured by the attorney that all measures undertaken would sustain the lots separation. Due 'to the elapsed time fi-om this action to date we no longer have any legal recourse to the erring attorney available to us. This was not a self created problem but rather one resulting fi-om subsequently enacted more restrictive area requirements. And, although we maintained the dissimilarity of the names on the deeds as a clear indication of our intended separation of the properties, it apparently has insufficient legal underpinnings to uphold the division of the lots. The subject never intentionally serviced the adjoining residence and remained distinctly separate physically to preserve its status Before the merger determination we owned a recognized, buildable and S&S lot that we purchased to build on for retirement purposes. The lot was an excellem candidate for permit approvals, albeit it one with variances required. As a result of the merger we now have an unbuildable lot with a legal stares that is undetermined except for its recognition on the tax maps and tax roles and the resulting liability therefi-om. I have been advised by the town that we still own the property and I believe this to be a fact but, our ownership is apparently not coupled with any fane-honored property rights, only liabilities. We are concerned that we may be called upon to defend our legal ownership of the subject lot fi-om others who may, misguided or otherwise, attempt to interpret the merger det~afination for their own self interest. In summation, we are now past the point of no return to build or acquire a retiremem home due to the time and money expended to date and we can no longer afford to purchase a comparable lot or another home. We, without a waiver, cannot avoid being let~ with a valueless "no mans land" replete with liabilities and no means to acquire an alternative residence. There will be no significant alterations of the natural details, contours or slopes of the land and there will be no substantial filling requh'ed. To the contrary, the result of these voluntary restrictions and, more importantly, the Trustee's permit and the LWRP's exemption are evidence of the beneficial environmental affect the proposed changes will bring to the seaward side of this Orient harbor lot. The property will in fact remain more environmentally and ecologically stable, resistant to erosion and, at the least, neutral as respects any other flood concerns than many other properties in the neighborhood. Respectfully submitted, Henry H Traendly & Barbara A Cadwallader HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 6:31 779:3167 December 18. 2008 To: Zoning Board of Appeals ["ZBA']- Southoid ZBA it 6207 Subject: Supplement to Our Waiver To Unmerge Property Application for S C T M # 1000 31 14 11 ["Subject Lot"] & Adjoining Previously Sold property 1000 31 14 12 Mr. Chairman and Ladies and Gentlemen of the ZBA Board, l~lease consider this as part of our attached Application for sections (1), (2), & Of"Applicants Reason's", as follows below: (1) The Waiver would reco~cmi?e a lot that is comparable in size to a majority of the improved lots in the neighborhood because: The neighborhood, consisting of many bay-front lots in District 1000, stretches westward from the subject property to Marion Lake. This area has a long Southold Zoning history of residential development and improvement of comparable small substandard nonconforming lots many of which were originally created by deeds recorded in the Suffolk County Clerks Office prior to adoption of Southold's Zoning Ordinance and/or, prior to June 30, 1983. V'n'tually all of these lots have been fully developed with residences and/or other buildings and many of them are non- conforming with well established preexisting setbacks and area volume deficiencies. A number of these lots are similar in size to the subject lot and some are smaller. It is important to note that the remainder of the neighborhood is also fully developed or, not good candidates for development under R 40 Zoning or due to environmental constraims. The subject lot was created in a shnilar County deed filing fashion in January 1947 and was at that time in conformity to minimum lot requirements under the Bulk Schedule The immediately surrounding and adjoining properties are all improved with residences, have C of Os and most have non conforming minimal setbacks [similar to those the subject property would have if developed] and the westerly waterfi-ont lots are comparable in appearance to within one or two feet of road fi'ontage on NY Rte. 25 as well as their general esthetics. The subject lots potential non-conformity [side and front yard set backs] would not be materially greater than the adjoining lots and not infrequently evidenced in the neighborhood. The subject lots non-conforming physical characteristics [deep but narrow waterfxont] is not uncommon to the neighborhood or to the homes put on them and the subject property's prospective development would necessarily dictate an esthetically similar architectural design to replace a neighborhood "eyesore". It is believed that the subject lot may be the last of the originally recognized and undeveloped lots in this shoreline neighborhood (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: As stated above, the subject was created by a deed recorded in the County Clerks Office in January 1947 [to Arthur Limouze], recognized and shown on all published Suffolk County Tax Maps published to date and recognized by Southold Township. The lot remained within Limouze family ownership for almost 50 years until its sale to us in 1996. [Note - the subject lot was single and separate after we purchased it and the Limouze family did not own any of the adjoining properties]. For almost 62 years until it was deemed to be merged by operation of law [July 25, 2008] the subject lot has been treated as a distinct and lawfially recognized propeay by all its owners and it has never serviced or appeared to be combined with any other property by any of its owners and has remained a separate property in the eyes of the Southold Township and Suffolk County taxing and other administrative authorities. During the ensuing years of our ownership every effort was made to distinguish the subject property fxom our adjoining improved residential propen'y_ A six foot high stockade fence was added and rebuilt on the common side of the two properties and the preexisting garage structure on the residential property provided a supplementary and architecturally defining stmctmal delineation~ The subject lot was never landscaped or otherwise visually improved to sustain the lots separation. (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 propeay is virtually level and there are no serious drainage or evidence of erosion issues. Further, the environmentally friendly characteristics of the property is evidenced by the granting of Trustee's Permit and the LWRP's exception for development purposes. Assuming there is developmem of the property, there will be no significam alterations of natural details, comours or slopes of the land and no substantial filling will be requked. Unlike a notable number of other properties in the neighborhood, the subject lot is, and will in fact remain, more environmentally and ecologically stable. In addition, the subject lot is neutral or better and noncontributory as respects flood concerns. Finally, the re-recognition of arguably one, if not the only, remaining modest sized unimproved waterfront in the neighborhood for the purpose of development, will have an infinitesimal effect on the physical surroundings and the environment of the neighborhood and there is no evidence to suggest otherwise. One has only to tour the neighborhood and review the Official Suffolk County Tax Map for this District to verify the preceding. Respectfu~ HENRY H TRAENDLY & BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 To: Zoning Board of Appeals ["ZBA"] - DECEMBER 22, 2008 Subject: Our Waiver To Unmerge Property- Application ZBA # 6207 For parcel - S C T M # 1000 31 14 11 Mr. Chairman and Ladies and Gentlemen of the ZBA Board, The Purpose of this letter is to justify our entitlement to apply for the use of the newly enacted "additional path by which by which owners of lots deemed merged may apply to waive those megers..." under S 280 -11 amended'as IJ, 142008 [Oct 21, 2008] (A) To Wit: The subjects lots merger was determined by the Southold Building Department pursuant to the provisions of S 280 - 10, on July 25, 2008, and our Appeal to the ZBA is for relief by Waiver and the Re- recognition of the original lot lines, such relief being available under the provisions ors 280 - I1 as per the weighted balancing considerations provided therein as follows: (1) The subject lot has not been transferred to an unrelated party or entity since the merger was effected and; (2) Further balancing the 3 following tests of benefits sought against detriments to the neighborhood: (a) The waiver's re-recognition of a previously long established lot that was lawfully recognized when originally created would not create a lot that is incomparable to developed lots in the neighborhood for reasons elaborated on in Supplement (1) attached (b) The subject lots unfaltering treatment from its original creation to the present as a separate and independem residential lot as elaborated on in Supplement (2) attached (c) The absence of d,himemal consequences to the physical and environmental conditions of the neighborhood resulting fi.om the granting of a waiver that that recognizes the original lot lines as elaborated on in Supplement O) attached Respectfully Submitted Henry H Tmendly & Barbara A Cadwallader 05 lO 10:33a MARTIN H. SIDOR Chair VqILLIAi~ J. CREMERS I{ENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD p.1 M2XTLTNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, N'Y Telepl~one: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P; Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. SidOrl Chair LAc.. ~-3'~ Members of the Planning Board Date: August 25, 2009 Re: Request for lot area vadance SCTM#1000-31-14-11 Zone: R-40 13000 Main Road, East Marion, NY 11939 The Planning Board has received your request for comments regarding the above referenced application for a lot area vadance in the R-40 zoning district in East Marion. As proposed the applicant is seeking a 7,087 square foot lot in the R-40 zoning district in East Marion. This application has been reviewed for sub-division requirements and the following comments are offered for the Board's consideration: Technical Analysis: The proposed application is seeking an area variance in the R-40 zoning distdct which requires a minimum lot size of 40,000 square feet. (See Southold Town Code §280, Attachment 1 - Density and Minimum Lot Size Schedule for Residential Districts). The applicant is proposing to create a lot which would total 7,087 square feet. H&~ 05 10 10:33a p.2 This lot would fall 32,913 square feet short of the required minimum lot size. Summary: The area variance requested for this application is significant. The applicant is requesting a relaxation of over 80%. The creation of a non-conforming lot so significantly smaller in total area than the minimum required by zoning would be extreme and would not be in character with the overall community where the majority of the other surrounding lots do conform with or exceed the required applicable zoning minimum for the R-40 zoning district. For the foregoing reasons, the Planning Board does not support the issuance of the requested variances. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. Note: The applicant currently has an application before the Planning Board for a Lot Line change. Based upon the above review regarding the requested area variance, the correct application which the applicant must submit to the Planning Board is a Subdivision application. Further, the Planning Board has attached a copy of the map which the applicant submitted to the Town of Southold Board of Trustees which received a Board of Trustees permit approving the proposed construction and building envelope. This Board of Trustees approved map differs from the maps the applicant has submitted to the Zoning Board of Appeals and the Planning Department. The eastern side yard setback differs, as does the proposed porch dimensions and the front yard setback. The Planning Board would like to note that Planning Board member Joseph L. Townshend officially recused himself from commenting on this application in any way and made no comments upon this application when it was reviewed by the Planning Board for submission of these comments to the Zoning Board of Appeals. AUG 2 5 2009 3~J,?D CF ,-".?E2'.LS, APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jn Michael A. Simon http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Appl. No. 5684 - DAYSMAN and NANNIE MORRIS Location of Property: 245 Brown Street, Greenport Date of Public Hearing: March 31, 2005 Southold Town Hall 53095 Main. Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 CTM 48-3-24 PROPERTY FACTS/DESCRIPTION: The applicants' property is shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers, as 5629 sq. ft. with 50 feet along Brown Street and lot depth of 112.5 feet along the easterly property line BASIS OF APPLICATION: Code Section 100-25, based on the B_..uuilding Inspector's January 19 2005 Notice of Disapproval, for this property, which states that thig prod With the adj~cer~? property to the no.~h (referre,d, to as CTM 1000-48-3-7.1). An~p se~/rch of this and adjacent properties was submitted when 'fi~ this request with the Building Department. APPLICANTS' REQUEST: The ~pplicants have submitted an application requesting a Lot Waiver under Section 100,26 concerning a 5~';-x 112.59'~of land--to as CTM 48<-3:24. Thd ~Bu_il~in~lJ_nspector's disapproval ~t, hat the is_.~merged with the adjacent northerly pr~o. perty, ref~erred to as CTMAS-3-7.1. ~ pr.o?erty. .... ~ FINDINGS OF FACT The Zoning Board of Appeals held a p~arinq on this matter on~c..~{-~at which time written and oral evidence were presented. Based on all testimony, docum~'~lt"~i6n, personal Observations of members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: REAsoNs FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The title search, prepared by Ste_~L~%rt ,Title Insurance Company dated November 20, 2004 and ~~shoWs conveyance of "Parcel No. ~)ne" and "Par~cel No. ',T~ ~o~_aysm~_an A_,~Mo~rds .and Nannie P. Mords from Angelin-~Catricone 6n August 7 1953 '~P_a_r _cel N, o70ne'~scr~be.s a land area, as "Lots Nos 18 and 64 of Property at Greenport, known as the Greenport Driving Park, said I~ts wl~en'tak~n to~(~tl~er be~'g bounded With reference to said map as follows: northerly by Linnet Street 50 feet, eastedy by Lots Nos. 63 and 20, southerly by Brown Street 50 feet, and westedy by Lots Nos. 16 and 65." Also.noted jn the 1953 is property referred to as 'Par~l~Tw~reperty, "bounded and described to,qet~F'as Lots No ~shown on the Map of Greenport Dnwn~'~ Pa~;; filed in the Suffo k County Clerk'; Page ~-May 12, 2005 ZBA Appl. No. 5684 - D. and N. Morris CTM 48-3-24 10. The 1909 Plan of Greenpod Driving Park was not listed on the previous List of Exceptions from the code's lot size requirements, which exceptions were removed from the Code in 1995, the same time a lot waiver procedure was added to the code under Section 100-26. 11. The property remains merged. BOARD RESOLUTION: For the above reasons, the following Resolution was adopted: On motion by Member Dinizio, seconded by Chairwoman Oliva, it was RESOLVED, that this 50 ft. by 112.5 ft. area of land is not eligible for a Lot Waiver under Section 100-26. 'rhis action does not authorize or cpndone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed'in this action. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Res/q~tk~n was duly adopted (4-0). RUTH D. OLIVA, CHAIRWOMAN 5/~-¢:/05 Approved for Filing APPEALS BOARD MEMBERS Rath D, Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, .It. Michael A. Simon http:llsoutholdtown,northfo~k.n~t BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 21, 2005 7_.B Ref. 5737 - Daysman and Nannie Morris /"mT Southold Town Ftall 53095 Main Road · P.O. Box 1179 Southold. NY 11971-0959 Town Annex IFirst Floor, Nonh Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Property Locaiton: 245 Brown Street, Greenport; CTM 48-3-24 ( refen'ed to as '18') SEQRA DETERMINATION: The Zoning Board of Appeals has visited ~ 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: This applicaiton involves property that borders Brown Street and Linnet Street, refen'ed to as Lots 18 and 64 on the 1909 Map of Greenport Driving Park. The southerly 5,629 sci. lt. area ('16') has 50 feet along Brown Street and depth of 112.58 feet, shown as 24 on the Suffolk County Tax Maps, Section 48, Block 3, and shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. The northerly 9,744+- sq. ff. area ('64') is shown on the current County Tax Maps as 48-3-7.1, with 87 feet along Linnet Street and depth of 112+- feet. BASIS OF APPLICATION: Zoning Code Sections 100-32 and 100-244, based on the applicant's request to divide lots shown as 't8'and °64'on the Map of Greenport Driving Park, and the Building Inspector's June 1, 2005 Notice of Disapproval. The disapproval states that the subdivision of a lot located in the R40 District is not perm,:ed under Section 100-32 ... unless the same confon-ns to the Bulk Schedule and Parking Schedule, for this property, which states that this property is merged with the adjacent property to lhe north (referred to as CTM 1000-48-3-7.1). When the ownership search of this and adjacent properties prepared November 30, 2004 by Stewart Tifle Insurance Company, submitted to the Town when applicants ~ed an application for a building permit dated January 19, 2005, it was discovered that the premises (Greenport Ddving Park '18' and '64') was acquired by Mr. and Mrs. Daysman Mm'rls by deed dated August 7, 1953 for the subject premises and more. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 - July 21, 2005 ZE~ File Ref. 5737 - D. and N. Morr~ CTM 48-3.24 AREA VARIANCES REQUESTED: The applicants have submitted an application for area variances, for relief under Sections 100-32 and 100-244, conderning a 50' x 112.59' parcel of land referred to as CTM 48-3-24 (referred to herein as '18'). Also requested are a setback vadance under Section 100-244 for a proposed combined side yard area totaling 23'8", instead of the code required total side yard area of 25 feet, (A minimum 10 fL side yard at the westady side of the proposed dwelling wilt conform.) PRIOR TOWN APPLICATIONS BETWEEN 1989 AND 2005: During 1989, the applicants submitted applications to the Town under the subdivision and zoning code regulations with a new map dated March 13, 1989, changing frontages along Linnet Street for two properties with 87 feet along Linnet Street for the westerly parcel and with 113 feet along Linnet Street for the easterly parcaL The lower 50 ff. by 112.5 fL parcel ('18') was not included on the new map approved under the subdivision regulations. No other application was filed after the 1989 approval of the lot line change map to create the 50 ft. by 112 ff. undersized lot for the property ('18'). During September 1980 the Town Board and the Planning Board amended Subdivision Code Section 106-53, which amendment indicated approval of 'lots approved by ZBA between 1971 and 9/6/79, as 'actions having the same force and effect as if the owner had applied to the Planning Board for subdivision approval. '" This action was applicable to ~ area variances under Appeal No. 2531. without creation or notation for a third, separate lot (18). The 1953 deed conveying this property and mere to the applicants remained without change, until September 1990 when the northerly parcel ~64' was deeded by the appticants to their daughter and son-in-law. REASONS FOR ~BOARD ACTION. DESCRIBED BELOW: Based o~ the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are requesting a setback variance for side yards at a minimum of 23.5 feet and for area variancas involved with the proposed set-off of a 50' x 112.59' land area, resulting in a separation from the applicant's adjacent 9,744+- property to the north (County Tax Map Lot 7.1), The requested parcel, County Tax Map Lot 24 and adjacent lot 7.1 have a long history in both the subdivision and zoning records of the Town of Southold. The property, when set off, will also create an affordable housing parcel that will not create a det~ment to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The northern property ('64') which borders Linnet Street and improved with a dwelling, has not been owned by Daysman and Nannie Morals since 1990, and there is no other alternative but to request variances. 3. The difficulty has been self-created based on the nonconforming size of the parcel and record of ownership and town applications in the past, Page 3- July 21. 2005 t~ ZB File Re[. 5737 - D. end N~ Mo CTM 48-3-24 4. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The setback variance is a reduction of less than two feet from the code requirement for combined side yards. With regard to the lot size variances, the land has direct frontage along Brown Street, and is one of the last unimproved lots in close vicinity to this property. 5. Grant of the requested relief is the maximum the Board will approve, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carded, to GRANT the variances as applied for, as shown on the October 26, 2004 survey, amended November 29, 2004 by John C. Ehlers. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Odando, and Oinizio. (Member Simon was absent.) This Resolution was duly adopted (4-O). Ruth D. Oliva, Chairwoman Approved for Filing East Main Road · P.O. Box 877 · Southold, NY 11971 Phone: (631) 765/-3416 · Fax: (631) 765-4096 RECEIVED BOARD OF APPEALS May 8, 2010 Town of Southold Zoning Board of Appeals 54375Main Road Southold, NY 11971 Re: Application of Traendly and Cadwallader #6264 Premises: 13000 Main Road, East Marion Dear Chairperson Weisman and Members of the Board: I have been asked by Henry Traendly to offer my opinion, as a professional appraiser and real estate agent in the Town of Southold, as to certain matters relating to his application for area variances to allow him to "de-merge" and recognize his property at 13000 Main Road, in East Marion, as a lawful building lot. I am offering this opinion in writing, but I expect to attend the hearing on the application in case the Board has any questions relating to this opinion. By way of background, I wish to inform the Board that I am personally familiar with the subject property and its surrounding neighborhood. I have been an appraiser and licensed real estate broker in Southold since 1964, and have been familiar with the subject property for about the same time. I have personally visited the subject property and reviewed its survey. I have listed and sold properties in the area, including the sale of a 4.5 acre bay front home at $3.6 million that is contiguous to the neighborhood as defined in this letter. For the record, I am attaching a list of my qualifications and experience. The first issue that I have been asked to address is the scope and characteristics of the neighborhood in which the subject property is located. Based on my experience and knowledge of the various areas and MEMBER: New York State Association of REALTORS National Association of REALTORS neighborhoods in the Town of Southold, I believe the subject property is in a small and unique neighborhood defined by its proximity to the Main Road/causeway and comprises the narrow area of mainland that exists (between two bodies of water) just to the west of the causeway and the Dam Pond Inlet. This unique neighborhood essentially includes all of the properties west of the inlet and within 500 feet of the subject property, at which point the mainland widens and the properties become either longer or "stacked" both north and south from Main Road. Once the mainland widens, the characteristics of that area and its properties change. Specifically, I believe this unique neighborhood consists of the following parcels (identified by their tax map numbers): 10 Parcels South o£ the Main Road (listed £rom east to west): · 1000-31-14-7 · 1000-31-14-8.1 · 1000-31-14-8.2 · 1000-31-14-13 · 1000-31-14-15 · 1000-31-14-9 · 1000-31-14-14 · 1000-31-14-10 · 1000-31-14-11 · 1000-31-14-12 3 Parcels North of the Main Road (listed from east to west): · 1000-31-5-8.1 · 1000-31-5-9.1 · 1000-31-5-10.1 There are two other parcels on the north side of the Main Road and within 500 feet of the subject property, but it would be a stretch to call them part of this unique neighborhood. Parcel 1000-31-5-7.1 is within 500 feet to the west (north side) of the subject property, but the mainland has already widened at that point, so the parcel is a large estate-sized lot, with a residence set back hundreds of feet from the Main Road. Parcel 1000-22-3-26 is an undeveloped parcel of mostly wetlands and meadow, just east of the Dam Pond Inlet. I am not aware of whether that parcel could ever be developed, legally or practically. While I do not view these two parcels as part of the same Main Road/causeway neighborhood as the subject property, I believe they are worth mentioning due to their proximity to the subject property. The characteristics of the subject property's unique neighborhood are different depending on whether the properties are north or south of the Main Road. In many ways, the ten properties on the south side of the Main Road are unique in and of themselves. Those properties are unique in the Town of Southold generally, because they are bayfront properties with Main Road addresses/visibility, and no commercial properties, such as hotels and motels. They are typically smaller lots, with the two "end" parcels being the largest ones and the eight in between being all substandard to the R-40 zoning (at about a half-acre or less). Although four of the parcels are "stacked" two deep between the Main Road and Gardiner's Bay, the ten properties south of the Main Road are located on an Orient Harbor/Gardiners Bay shoreline that is protected with bulkheads and groins but also has a relatively healthy sandy beach. The nine other properties (besides the subject property) in this area are all improved with single-family residences. They are architecturally diverse homes designed and situated to take advantage of the open bay views to the south and east. The homes enjoy bayfront views but, because of the lot sizes and proximity to the Main Road, they lack the privacy typically associated with bayfront homes in other areas of the Town. The properties on the north side of the Main Road are also unique among themselves because they are situated between Dam Pond and the Main Road. Although one of those three properties is larger than 9 of the 10 properties south of the Main Road, it has substantial frontage directly on Dam Pond and thus has different developmental limitations due to the wetlands associated with Dam Pond, which limits the actual buildable size of this larger lot. The other two parcels are both substandard in terms of zoning. The second issue I have been asked to address is what impact the proposed "de-merger" and development of the applicants' parcel will have on the character of the neighborhood. Under the circumstances, and in my professional opinion, I believe that if the subject property were "de-merged," the development of a single-family home on the parcel will have no material or noticeable adverse impacts on the character of the neighborhood. My opinion is based on several factors, including the above-described characteristics that define this unique neighborhood. Of the neighborhood I described above, this lot is the only undeveloped parcel of the ten lots located on the south side of the Main Road. Assuming a modest house were constructed on the parcel, it would fit in with the character of the other typically small properties with bayfront homes on the south side of the Main Road in the neighborhood. Moreover, in light of the fact that the subject parcel had existed for many years as a vacant parcel and was only recently discovered to have been "merged" by the result of some attorney's error, this is not a case where other neighbors' property values were established based on an assumption that this lot would never be developed. To the contrary, the assumption from a real estate perspective could only have been that this lot was a developable parcel, just like the other 9 parcels south of the Main Road. I would be happy to discuss these opinions with the Board. Very tauly yours,~ ~ ~ ,John'J. Nickles, REALTOR Emeritus, GRI, RSPS, GREEN JOHN J. NICKLES East Main Road Southold, New York 11971 (516) 765-3416 QUALIFICATIONS: 1962 - Present LEWIS & NICKLES, LTD. Southold, New York Appraiser and Licensed Real Estate Broker o Negotiating for the selling and leasing of residential, agricultural and business properties. Real Estate Management. Independent Fee Appraiser (Commercial Properties) for North Fork Bankcorp, Mattimck, New York (1979 - 1991) Fee Appraiser, U.S. Veterans Administration (1977 - 1980) O Attended seminars and classes sponsored by the Society of Real Estate Appraisers, including the Narrative Report Seminar, Introduction to Residential Real Estate Appraising 101, Appraising of Income Property 201. 1976 -1980 Certified as Iustmctor by the New York State Department of State, Division of Licensing Services to teach The License Law for Brokers and Salespeople. 1982 Governor -New York State Association of Real Estate Appraisers. 1988 Graduate Realtor Institute Courses I & II (G.R.I.) 1991-1992 Member - Transition Team; Planning, Economic Development & Environment for Suffolk Co. Executive Elect Robert J. Gaffney Suffolk County Supreme Court, has been qualified a an Expert Witness for the Valuation of Real Property AERIAL PHOTOGRAPH OF CAUSEWAY NEIGHBORHOOD STUDY AREA (13 Lots) BOAaD OF APPEALS OFFICE ADDRESS: OFFICE HOURS & PHONE 53095 ROUTE 25 - P.O. BOX 1409 MON-FRI 8:00 AM TO 4:04) PM 473889 31.-14-11 TOV/N OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL 04 3619 13000 Route 25 0.16 320,916,530 312 Vac w/imply Traendly Henry H Cadwalladar Barbara PO Box 1589 Jamesport, NY t1947-1589 First Half: _ 3618 $59.0.35 1/9/09 Second Half: 3618 $590.35 6/1/09 LEVY DESCRIPTION Oyster Ponds School Oyster Ponds Ubrary LEVY % TAXABLE VALUE 48.33% 1,500 3.80% 1,500~ 12/3/09 Tmendly, Henri/ H ASSESSED VALUE 364.993 -11.10% 28.693 0.00% TAX AMOUNT 100% OF FULL VAL! 547.49 43.04 Suffolk County Tax 2.19% 52.13% 1,5oo T 16.537 Southold Town Tax -3.60% 32.36% 1,500 244.380 5.80% 32.36% NYS Real Prop TaxLaw 0.29% I 1,500 I 2.152 MTA Payroll Tax 0.09% 1,500 I .671 East Marion FD I 9.87% [ 1,500 I 74.559 Odent:_E Malio_npa_r~ j 0.35% i 1,500 I 2.619 Solid Waste District ~ ' ~:~:~o~' ' - ;1,~00 I ..... ~0~'ld- Waste Wa~er District 0.01% 1,500 .045 -53.20% 100.00% -4.80% ___~ !:50% 44.80% -2.70% 24.81 3.23 1.01 111.84 3.93 30.92 .07 590.53 24.81 366.57 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, tECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK. PAID BY: [] ASSESSED [] OTHER i Traendly Henn/H SUFFOLK COUNTY TAX MAP NUMBER 473889 31.-14-11 566.46 3619 The following bank branches located within the Town of Southold accept payments dudng regular business hours: Bridgehampton Naitonal Bank, Capital One and Suffolk County Naitonal Bank. MARCIA Z, HEfTER ANTHONY C. PASCA NICA B. STRUNK THEODORe D, SKLAR LISA J. Ross Hand Delivered Ess£Ks, HefteR & Angel, LLP COUNSELORS AT LAW 108 EAST MAIN STREET P. O. BOX 279 RIVERHEAD, N.Y. 11901-0279 (631) 369-1700 May 13, 2010 WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 119'76 (631) 726-6633 RECEIVED BOARD OF APPEALS Vicki Toth Town of Southold Zoning Board of Appeals 54375 Main Road Somhold, NY 11971 Re: Application of Henry Traendly and Barbara Cadwallader ZBA File No. 6264 Premises: 13000 Main Road East Marion, New York SC TM No.: 1000-031.00-014.00-011.000 Dear Ms. Toth: With reference to the above ZBA application, enclosed please find eight (8) copies of our Variance and Zoning Analysis submitted on behalf of Henry Traendly and Barbara Cadwallader. Please distribute a copy of the analysis to each of the Zoning Board members prior to the public hearing scheduled for Thursday, May 20, 2010. Should you have any questions, please feel free to contact me. /bws Enclosures Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 January 20,2010 BOARD OFTOVCNTRUSTEES TOWN OFSOUTHOLD Mr. Henry H. Tmendly Ms. Barbara A. Cadwallader P.O. Box 1589 Jamesport, NY 11947 RE: 13000 ROUTE 25, EAST MARION SCTM#31-14-11 Dear Mr. Traendly & Ms. Cadwallader: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., January 20, 2010: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Wetland Permit #6806, as issued on January 23, 2008. This~is not an approval from any other agency. Sincerely, Jill M. Doherty President, Board of Trustees JMD:lms BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6806 DATE: JANUARY 23, 2008 ISSUED TO: HENRY TRAENDLY & BARBARA CADWALLADER PROPERTY ADDRESS: 13000 ROUTE 25~ EAST MARION SCTM# 31-14-11 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of S outhold and m accordance with the Resolution of the Board of Trustees adopted at the meeting held on Januar~ 23~ 2008, and in consideration of application fee in the stun of $250.00 paid by Heury Traendl¥ & Barbara Cadwallader and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish an existing garage and install a 4' wide path through the 100' non-disturbance buffer for beach access, with the condition a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and as depicted on the site plan prepared by Tide Runner Engineering & Design, last dated February 10, 2008, and received on February 19, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. EL 7.~- 11.2' l~r~ Brown ~,~' Water Level Loc~-ed Boring By h'lcDon(fld (.~eo~cience 5/10/C77 / / / / / / / Lot' C. overoge Hou~ and Porch 1,115 E~ or 15.7% Deck &.~.~5 E~or 1.2% Total 1,1~&..3B er 16.~% L~t Ceveroge ExJe~ng Totol L~r ~N'ea 70&7.05 ~F or 0.16 Aore~ \ \ Note: All ~anHrory in~"mlla'Hon ~hall comply with the 1(3~$~r Suffolk County Dep,., h,,ert'r o+' Health ~ervlces E~'randorda. Property LJne Fl= El !5.0 Main Road (SR 25) Edge c~ Povemem. Propo~:l ~VVell m,~nd N/F ag Edward Burton Improved L.~ Tel be Demolished Garage In~1'all (2) ~ Diem by ~ppr~m~ ~on Neighboring ~re ~ne ~ Ha~ale~ Propo~ed Pervious Pwy 1000-31- Prepaid Retalnin Wall Modular BI~ W/Loc, al ~oar~e E=~nd E~cldill Wall ~ have Modulor Block ~foirs Approximate LaocOon of' Neighboring ~ep'Mo ~ern J~ining Wall ) Ex. V~ood Bulkhead . Wood Bulkhead I Garage 2(7 ,,~ ~ Orient Harbor -- Top o~ Firm Zone. This ~?re dated V~/07 Ioet I ton 10 / I / / APPROVED BY BOARD OF TRUSTEES TOWN OF $OUTHOLD ~ani~r,/Ncri'e~ 1. There is no public welt or sewage system wWnin 1~. Locking C~sting at ~rade -- Locate Drop 'T' Under ~cce?e For MaJ~no~ 1000 ~al ~eptic Tank Detail ~cale 1/4": 1' Concrete Cover --~ ~inJshecl ~r'acle Min. 4" Dia. Approved ? P~pe Pitched 1/&" per I~. I ~achlng ~ons I111 Material To ~e Clean ~ond ,And ~ravel High ~eaeanal ~roundwater ¢HALLOW ~Y¢TEM L~C;HIN~ POOL ~I:::TAIL Scale: V4-" = 1' qin. 3' CAP BLOCK'--~ "?',"- '-,Ir'~,'" ~//-- SLOPE IdAY VARY DIAMOND BLOCK, '~~?/INCHES OF FREE 106'Vi . DRAINING AGGREGATE 'T:~.~ ~'--4" DLA. DRAIN TILE (EL. VARIES) "il (~AN m- H O R DIAMONDe GRAVITY WALL (SCALE= 3/8''= I ''0Il) El. Oc~m U~C.~ ~t'e Pl,~n I~a~d on .Gurvey by K~nn~t~n M. Waychuck Dated 1/30/07 ~DWG. NAME: I Site Plan .]u! ]2 lO 03:26p HENRY H TRAENDLY BARBARA A CADWALLADER PO Box 1589, Jamesport NY, 11947 (631) 779 3167 [fax] (631) 779 2647 (hhtraendly~nsn.com) RECEIVED JUL 1 2 2010 BOARD OF APPEALS By Facsimile to (631) 765 9064 and USPS Mail July 12, 2010 To: Chairperson Ms. Weisman Board Assistant: Ms Toth Cc Members of Southold Town Zoning Board of Appeal Subject: Compliance with the Boards request to agreement to a 30 day extension of time for the Board's decision on Our Area Variance Application # 6264 As per your request this AM, this facsimile will serve to formalize my oral consent to a 30 day extension for deliberations and any other necessary activities the Board requires to make a determination. Should you have any queslions please call or emall us. Respectfully submitted,~ Henry H Traen~y~& Barbarg/A Cadwallader / ~ov 20 O~ lO:O?a HENRY H TRAENDLY BARBARA A CADWALLADER PO Box 1589, Jamesport NY, 11947 (6~1) 779 3167 [faxI (631) 779 2~47 By Facsimile and USPS Mail ............. November 20, 2009 To: Chairman and members of Southold Town Zoning Board of Appeal Cc Board Assistant Subject: Our Request to reopen the tabled August 27, 2009 Hearing of our Application # 6264 Please accept this as our petition to put subject public hearing back on the ZBA calendar for F ebruary22~.~,~o/o~ We apologize for any inconvenience the original postponement may have caused the board and ask that you grant us this request. Respectfully sgb~, ! / ,/- ,. ', ~ ~i/endly &'~b?a A Cadwallader _ HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 December 15. 2008 To: Zoning Board of Appeals ["ZBA'] - Southold ZBA # 6264 Subject: Our Area Variance Application for parcel - S C T M # 1000 31 14 11 Mr. Chairman and Ladies and Gentlemen of the ZBA Board, The Purpose of this letter is to provide our attestation of the following: We are in the process of filing a "Re- Subdivision" ["Lot Line Modification application"] with the Planning Board and have assembled all the required materials with the exception of the survey depicting the present and proposed lot lines. We are awaiting receipt of said survey from the surveyor but, we will take the liberty of asking the Planning Board if they are willing to accept existing individual surveys for each property as were submitted to the ZBA. We understand that time is of the essence and will endeavor to expedite the process but we ask that the ZBA recognize that we are also comending with Holiday Season. Respectfully Submit~~d Henry,.. H Tra~gffdlyilly && t~ag6 A Cadwailader HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 Cc, December 09. 2008 To: Zoning Board of Appeals ["ZBA"] - Southold ZBA # Subject: Our attached Area Variance Application for parcel - S C T M # 1000 31 14 11 Mr. Chairman and Ladies and Gentlemen of the ZBA Board, The Purpose of this letter is to explain our intention in filing the Subject Application. The application represents our pleading to the ZBA for an area variance and is due to the fact that, on July 25, 2008, the Building Department determined that the subject parcel [31-14-11] was merged with the adjacent westerly lot [31- 14- 12] which was previously owned by us until its sale to third parties on October 28, 2005. The granting of our application will re-enable us to continue pursuing addition of a residence to the subject plot for our retirement. Concurrent with this application, we are also applying to the Southold Planning Board for Lot Line Modifications and Waiver of Subdivision Review as provided for under S A 106-64 of the Southold Town Code. Our application to the ZBA is supported with the obligatory "Reasons for Area Variance" as well as additional relevant information in a documem originally submitted August 11, 2008 and updated December 04, 2008 for the purpose of augmenting this Area Variance Application. We will provide proof of our application to the Planning Board when completed and will endeavor to provide any and all additional information the ZBA deems necessary to adjudicate our application. Respectfully Submitted~? Henry II ~A Cadwallader S,C.T.M. NO. DISTRICT: 1000 ' SECTION: 31 BLOCK: 14 LOT(S): 11 / LOT COVER*C~ ~X,ST~NC ~ ~ / / ~ -- GARAGE 412 S.F, OR 6~ / / ~ / I ' , ~.o . ~ -- o~ ~ ~.~ ~ ~ ~/c~ ~ / - / NORMA MILLER ~ u. ~ ~1~) ~ ~ ARE mSIBLE mN TH~SI AREA ~ ~ / '"' -¢ ~2' I~ ~ ~ 5.0' ~ [ ~'~ '~ ~ ~ ~ ~ ~ / ~o' '~ ~ ~.- ~ ~...'~ ~ 0~ ~ JAN. 05, 2007 ~ ~o* c~ ~Y ~o. ~oo~ ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~0~ ARE F~ ~ELD ~S~RVA ~S AREA: 7,087,05 Sq.~. OR O J6' AC~ES~ ~LEVA~ON 0~ ~N~T~O~I?EO ~TE~ON O~ AO01~ON ~0 ~1~ S~R~Y IS ~ ~OLA~ON OF 5EC~ON 7209 OF ~E NEE YO~K 5~TE EO~C~ON ~ COPES OF M~P NOT ~A~ING ~ LAND SUR~YO~'S EMDOS~D SEAL SHALL NOT BE CONSIDERED TO BE ~ VALID ~UE C~ GUARAN~ES INOICA~O EER~ON S~LL R~N ONLY TO ~ PEREON FO~ ~OM ~ SURLY IS PREPARED AND ON HIS BEHALF TO ~ TITL~ COMPAN~ GO~NMENTAL AGENCY AND LENDING ~NS~TUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDIN~ INS~ON, GUARANTEES ARE NOT ~ANSFERABLE. THE OFFSE~ OR DIMENSIONS SHO~ HEREON FROM ~E PROPERW LINES TO ~E STRUCTURES ARE FOR A 5PECIRC PURPOSE AND USE ~EREFORE ~EY ARE NOT INENDED TO MONUMENT ~E PROPERTY LINES OR TO GUIDE ~E EREC~ON OF FENCES. ADDIDONAL S~UC~RES OR AND O~ER IMPRO~MENTS. EASEMENTS ANO/OR SUBSURFACE STRU~RES RECORDED OR UNREC~OED ARE NOT GUARANEEO UNLESS PH~ICALL Y E~DENT ON ~E PREMISES AT ~E DME OF SURLY SURVEY Of: DESCRIBED P~O~R~ . ....... CERTIFIED TO: BRYAN V~L~NTI; MAP Of: SITUATED AT: ORIENT _, " '"-' :' .... , - ~ M. WOYCHUK LS. SUFFOLK COUNTY, NEW::~O~K 1'~ .:: ;~;,,~~ .. // ~d ~,~ ~d De~ ~aO~ (~) ~-l~ ~ (~l) FILE ~ ~--1~ SCALE: ~"=~0' OAT[: JAN ~, 2007 N.Y.s. Uc NO. 50227 ~in~tnt~ ~e ~eo~ of ~be~ ~. FOR HENRY' TRAENDLY EA~T MAroON OATE~ OEC.,3,,~O ~ SOUTH~D No.SC~E: ~-09051" =40' HOW~O W. YOUN~ L~ND ~U~V~YO~ ? '/ .1'O ¢CW$1'RU¢ T SURVEY FOR IRF. NE McKASTY AT EAST MARION TOWN OF SOUTHOLO SUFFOLK COUNTY, NEW YORK ~u.v.. · v~..o. ~ .CT,O. ~ZO. i i YOUNG a YOUNG NOV, 15 DATE: NOV, 21, l~,64 $CAl. t~; I". 40' NO. 84 - 1162 GUARANTEED TO~ ~ ~ · / ~ ~N~R AVE~E ~VER~AO~ NEW ~RK HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 January 02, 2009 To: Planning Board- Southold Town ~..~v~ Subject: Cover letter for our Application for Re-Subdivision ILot Line Modification] -for our property S C T M # 1000 31 14 11 ]"Subject Lot'l & Adjoining Previously Sold property 1000 31 14 12 Ladies and Gentlemen of the Board and Planning Department Attached please find 6 copies of the following: -The Re Subdivision Application form -Copies of all deeds relevant and related to all owners of the properties -Short Environmental Assessment Form -Our Application fee check for $500.00 -Copies of surveys and/site plans which depict original lot lines and areas and imply existing lot lines and areas. We are currently awaiting receipt of delayed single plans depicting existing and proposed lot lines. We are currently seeking relief in the form of re-recognition of the original lot lines and waiver of the merger, from the ZBA, and have filed applications tbr same. Respectfully Submitted Henry H Traendly & Barbara A Cadwallader HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 January 05, 2009 To: Zoning Board of Appeals ["ZBA"] - Southold ZBA# Subject: Area Variance Application for S C T M # 1000 31 14 11 ["Subject Lot"] Chairman and Ladies and Gentlemen of the ZBA Board, Cc Linda Kowalski, Board Assistant This is to confirm that we have filed an application for Re-Subdivision [Lot Line Modificationl for the subject lot, with the Planning Board on January 02, 2009. Said application was presented to Ms. Tamara Sadoo, Planner who committed to provide it to Ms. Lanza, Planning Director. A copy of the cover letter to the Planning Board and Planning Department is attached for your records. Respectfully Submitted Henry H Traendly & Barbara A Cadwallader . -.~ Page 1 ofl Kowalski, Linda From: Henry H. Traendly [hhtraendly@msn.com] Sent: Monday, January 05, 2009 10:54 AM To: Kowalski, Linda Subject: Planning Board Filing for SCTM # 31 14 11 Attachments: HENRY H TRAENDLYBAC_PLNBD_Ittr010209-1.doc; HENRY H TRAEN DLYBAC_ZBAPIn Bd Lile010509.doc Hi Linda, Please see attached cover letter to the ZBA confirming our filing of the Re- Subdivision...application with Planning Board on January 02, 2009. and a copy of the Planning Board cover letter as well. Tf you have you have any questions or need more info please contact me by phone (5:[6 606 2462) or return email. Thank You, Thank You! for all your incomparable assistance. Hank 1/5/2009 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 Fax (631) 765-9064 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of New Application) DATE: 12/11/2008 ZBA # NAME CHECK # AMOUNT TC DATE STAMP TRAENDLY, HENRY & Paid Appeal RECEIVED 6264 CADWALLADER, under BARBARA #6207) DEC 1 1 2008 Thank you. $outhold Town Clerk 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 December 12, 2008 Zoning Appeal No. 6264 Transmitted herewith is Zoning Appeals No. 6264 of Henry H. Traendly & Barbara A. Cadwallader- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a 4 Page Letter from Henry Traendly & Barbara A. Cadwallader Explaining the Purpose of their Subject Application, 7 Page Letter from Henry Traendly & Barbara Cadwallader Explaining Reasons for the Waiver to Unmerge Property, Notice of Disapproval from Building Department Amended July 25, 2008, Copy of Survey of Property Showing Existing Construction as of November 15, 1985 Prepared by Young & Young, Copy of Survey of Property Showing Existing Construction Dated December 13, 1990 Prepared by Young & Young, Copy of Survey of Property Showing Proposed Construction as of January 3, 2007 Prepared by Kenneth M Woychuk, L.S. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- X r BOARD Or= APPEALS AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the ~Jo% day of ~ (*F.~ L ,200 , I personally mailed at the United States Post Office in %~(~F,~ eT , 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 officJial records on file with the., ~ AsSessors, 'or ( ) County Real Property Office .~ ~' , for everY property which abuts and is across a public or priv/C~streetyod'vehicular right-of- way of record, surrounding the applican~ Sworn to before me this /~2~t- day of///~ ,~ ,200 (.~ (Nota~ I~ublic) X '"~OTARY P U BHC. S~ATE 0 F ~REW YORK NO. 4050425. SUFFOLK COU~T~ __ COMNIiSSION EXPIRES FEB 28, ~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers next to the oWner names and addresses for which notices were mailed. Thank you. ( lq~l l l~oq $2.80 · Complete 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 beck of the mailpleco, or on the front if space permits 1. Article Addressed to: B. Re~qjel~d//./ ~/*~.~ '~bY ( Printed Name) C.~jtj ); oe of Delivery O. Isdelive~ddressdlffemntffomJteml'~ {"1 yes [] No 3. Service Type [] C_,e~1fled Mall [] Express Mall [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes ~Tr~r~ 7007 14~990 0000 8269 0555 PS Form 3811, February 2004 Domestic Return Receipt · Complete 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 yo~. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r, en o, 2. ~ 7007 1~90 PS Form 3811, February 2{304 If YES, ~r delivery D Agent [] Addressee Delivery [] No 3. Service Type [] Registered [] Return Receipt for Merchandise r'l Insured Mail I-I C.O,D. 0000 8269 054B Domestic Return Recaipt .... ~ ~595~2-~-154o · Complete 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 mailpieco. or on the front if space permits. 1. Article Addressed to: lq rype [] Certified Mail [] Exp~s~ Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restdcted Delivery? (Extra Fee) [] Yes 6229 8378 2. AyflcteNumbe 7003 1680 0002 (Transfe? from '--PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ~ ZONING BOARD OF APPEALS ..... -TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of (Name of Appli.,cant) . . RECEIVED BOARD OF APPEALS AFFIDAVIT. · OF SIGN POSTING Regarding Posting of Sign uPOn Applicant's Land Identified as 10Q0.-3l, ' J~ I l COUNTY OF SUFFOLK) STATE OF NEWYORIO X I, ],-~ ~ ,~ ~ ~ %--{~/~ ~t~J (.cdresiding at t~ ~ ~ ~, D , Ne.w York, being ~luly sworn, depose and say'that: .Onthe ~'dayof kAAY" ,200t01Personallyplaced the Town's official Poster, with the date of hearing and natUre of my application '.~..n.o.ted. the. reo~, securely upon my prOPerty, located' ten-(lO) feet or ' [ne s~ree[ or nght-of--way (driveway entrance) - facing the street o~,41~ing~ach street or right-of-way entrance;* and fl-lat I hereby confirm that the Poster has remai.ned 'i~lac~.~ .seven//days · prior to the date of the subject hearing date, which ~?jas .show~ to be Sworn to bar°to mo this - . ' - / ' (Notary P~blic) ~' NOTARY ;[~BUC. ~TAFE OF NEW YORK NO. 4050425- SUFFOLK COM~IS$10N EXPIRES F£B 28, c~, ~ *near the entrance or. driveway entrance of my property, as the area most visible to. passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MAP #: T RAE N D LY/CADWAL LAD E R # 6264 1000-31-14-11 & 12 VARIANCE: SUBDIVISION REQUEST: LOT WIDTH & LOT AREA DATE: THURS, MAY 20, 2010 12 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS 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 April19,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 20, 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 May 3rd: 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 all 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 Halt, 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin,q the hearin,q, providin.q the returned letter to us as soon as possible; AND not later than May 10th: Please either mail or deliver to our office your Affidavit of Mailin.q (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 May 12st: 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 Postinfl for receipt by our office before May t8, 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. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 20, 20t0 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, MAY 20~ 20t0: 12:00 PM HENRY TRAENDLY and BARBARA CADWALLADER #6264. Requests for Variances (in this pending subdivision application) under Zoning Code Section 280-14, Bulk Schedule Attachment 3; concerning a proposed lot width of less than 150 feet for the applicant's westerly parcel (CTM 1000-31-14-11), and lot area containing less than the code-required minimum 40,000 square feet of buildable land for each CTM 1000-31-14-11 and CTM 1000-3t-14-12 adjacent land owned by Mike and Viola Niamonitakis. Location of Property: 13000 Main Road (and 13220 Main Road), East Marion (adj. to Gardiners Bay, alk/a Orient Harbor, Dam Pond Inlet). 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 priorto 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: April 19, 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 1179 Southold, NY 11971-0959 9742 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Kamn 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 6th dayof May, 2010. Principal Clerk Sworn to before me this 2010, ~Ntah~ ]{lva., (adj~t t9 R~:CEWED ~ ~LI HENRY H TRAENDLY BARBARA A CADWALLADER PO Box 1589, Jamesport NY, 11947 (631) 779 3167 [fax] (631) 779 2647 (hhtraendly~msn.com) By Facsimile and USPS Mail BOARD OF APPEALS 6~6~ January 20, 2010 To: Chairman and members of Southold Town Zoning Board of Appeal Cc Board Assistant Subject: Our MODIFIED Request to reopen the tabled August 27, 2009 Hearing of our Application # 6264 Please accept this calendar change of our prior petition to put our application back on the ZBA public hearing calendar for, no earlier than late March or April 2010 and not thc previous February 2010 date. We apologize for any inconvenience the original postponement may have caused the board and ask that you grant us this request. Respect fully~ ~b~ ~:~m?d, L~ga~ H T~aendly &'~tra A Cadwallader HE~YHT~E~LY BARBARA A CADWALLADE~- PO Box 1589, Jamesport NY, 11~47 (631) 779 3167 [fax] (631) 779 26~7 A0G 1 2009 By Mail and email attachment | 4 ~ ~ To: Southold Town Zoning Board of Appeal August 11, 2009 Cc Board Assistant Subject: Our Request. to Table, until .a. to .be determigeddage, tl~e August 27, 2009 Heanng of Our Application # 615~ Please accept this as our petition to table the subject public hearing until a future date, due to recent personal medical circumstances. We apologize for any inconvenience this may cause the board and ask that you grant us this unavoidable postponement. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 MEMO TO: FROM: DATE: Planning Board Gerard P. Goehringer, ZBA Chairman August 6, 2009 SUBJECT: Request for Comments ZBA # 6264 Traendly, Henry As confirmed with Your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. NAME TAX # ZBA # Code Variance Date of PREPARER ;'ZONE DIST Section Stamped Map OF SURVEY Traendly, Henry ,31.-14-11 & 6264 Article Lot sizes & width 1/3/07,12/13/90 Young & Young ~I.-14~12 XXlll & 11/15/85 Section 200-124 Your comments are requested within 30 days of this letter. If desired, the file is vailable for review of additional documentation. Thank you. Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 :. Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 August 6, 2009 Mr. Thomas Isles,. Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY !1788-0099 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 #6264 Owned Traendly, Henry Action Requested: Lot sizes and width. Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. .~ ( ) Boundary of Agricultural District If any other inform~ation is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard.E. Goehringer Z BA~/~, ir?~__ By: L~/~! ZONING 280 Attachment 3 Town of Southold Bulk Schedule for Re~idenflai Districts [Added 1-10-1989 by L.L. No. 1-19891 Column No. I Ii iii iv v vi vii ix x xi xil Residential Unit 2-Family Where Detached Community Dwellings Water and In R-80 District A~C R40 R-80 R-120 R-200 R-400 HD RR RO ~ Sewer Available District Minimum requirements for l-family detached dwellingst Lot size (square feet) 80,000 40,000 80,000 120,00~ 200,000 400,00 20,000 20,000 40,000 10,000 160,000 Lot width (feet) 175 150 175 200 270 270 75 75 150 60 270 Lot depth (feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard (feet) 60 50 60 60 60 60 35 35 50 30 60 Side yard (feet) 20 15 20 30 30 30 15 15 15 15 30 Both side yards (feet) 45 35 45 60 60 60 30 30 35 30 60 Rear yard (feet) 75 50 75 85 1 O0 100 35 35 50 30 85 Livable floor area (square feet per dwelling unit) 850 850 850 850 850 850 850~ 850~ 850 850 850 Lot coverage (percent) 20 20 20 10 5 5 25 25 20 25 10 Building height (feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2½ 2½ 2'A 2½ 2'A 2½ 2½ 2½ 2½ 2½ 2½ NOTES: ~ See text of chaptor and Density and Minimum Lot Size Schedules for applicable districts. 2 Except one-bedroom or studio in multiple dwelling may have 600 square feet. Minimum floor area may be reduced up to 200 for moderate- and/or Iower-cost dwellings. xcept one-bedroom or smtho in mulhple dwelbng may have 600 square feet. 280 Attachment 3:1 os - ol - 2006 sOUTHOLD CODE § 280-15 280-13 (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-1993] (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscreWs, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-1994] (11) ~are. [Added 11-12-1996 by L.L. No. 20-1996] ~4. Bu~k~ Jea and parking regulations. [added 9-3'1996 bY L'L' N°' 16'1996] buildin remises shall be used and no building or part thereof shall be erected or ~_o bu. il~ren on ~> l ON I~ 9.00 and R-400 Districts unless the same conforms to the~ al~ the A-U, ~-o~,, ~-- .... ~'---~ -- . ..... u:q chant 'th the same force ann ~ulk Schedule and parking Schedulers mcorporatea into ull .... r_er w~ ef*o~-' as if such regulations were set forth herein full. § 280-15. Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007] In the Agricultural-Conservation District and Low,Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000 ~ 19,999 20 15 10,000- 19,999 22 20 15. Editor's Note: The Bulk Schedule is included at the end of this chapter, al~d the Parking Schedule is in § 280-78A. 280:38 o4.15 - 2007 Tel. 5/6/09 - LK called and left message on Hunk's cell ph requesting lot size be shown to bulkhead and Coastal Erosion line for each of the two lots in the requested division of land project (needed before advertising the August 2009 public hearing). Reminder: to ask Mr. Traendly to also obtain a Notice of Disapproval, based on a request to divide the land when he obtained the total size for each. It's possible the house lot may be close to, or less than, the 40,000 sq. ft. minimum when measured to the Coastal Erosion line and/or bulkhead lines. (Previous Notice of Disapproval was concerning an application to build and a merger determination. HENRY TRAENDLY and BARBARA CADWALLADER # 6264. ~l~equ~for Variances based on an application for ~i~n'~h~ ~ary 30, 200~otice of Disapproval, amended July 26, 2008, concerning two proposed lots in a proposed subdivision, re/q~e~ting each with containing less than the code- required 40,000 minimum square feet of buildable land u~fer the~Bulk Schedule for CTM Parcel 1000'31-14-11 and adjacent CTM Parcel 1000-31-14-12; Location of Property: So~lth Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. Office Location: Town Annex/First Floor, Capitol One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel, (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 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~ AUGUST 27~ 2009: 1:30 P.M. HENRY TRAENDLY and BARBARA CADWALLADER #6264. Requests for Variances (in this pending subdivision application) under Zoning Code Section 280-14, Bulk Schedule Attachment 3, concerning a proposed lot width of less than 150 feet for the applicant's westerly parcel (CTM 1000-31-14-11), and lot area containing less than the code-required minimum 40,000 square feet of buildable land for each CTM 1000-31-14-11 and CTM 1000-31-14- 12 adjacent land owned by Mike and Viola Niamonitakis. Location of Property: 13000 Main Road (and 13220 Main Road), East Marion adjacent to Gardiners Bay (a/Wa Orient Harbor, Dam Pond Inlet). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: August 5, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: TRAENDLY, HENRY # 6264 MAP #: 31 .-14-11 + 31 .-14-12 VARIANCE: LOT SI AN D WI DTH REQUEST: PENDING SUBDIVISION DATE: THURS, AUG. 27, 2009 1:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days b~,~tween 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 July 29, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, August 27, 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 August 10th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ~:area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall. or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin~ the hearinq, providing the returned letter to us as soon as possible; AND not later tha~ Au.qust 11th: PleaSe either mail or deliver to our office your Affidavit of Mailing (form enclg[sed) with parcel numbers, names and addresses noted, and~ to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you Pater by the Post Office, please mail or deliver them to us before the scheduied hearing. If any signature card is not retumed, please advise the Board during the hearing and prov de the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later August 19th: Please make arrangements to place the enclosed Poster on a s~gnboard such as hardboard, 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 August 25, 2009. If you are not able to, meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE N UMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 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~ JANUARY 8~ 2009: 2:10 P.M. HENRY TRAENDLY and BARBARA CADWALLADER. Location of Property: South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. Based on the Building Inspector's January 30, 2008 Notice of Disapproval, amended July 26, 2008, the applicant has submitted applications requesting: A) ZBA # 6207 - a Waiver of Mer.qer under Article II, Sections 100-25 and 100-26 (renumbered 280-9 and 280-10), concerning County Tax Map Parcel Numbers 12 and 11, in District 1000, Section 31, Block 14 which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the flint lot at any time after July 1, 1983. An adjacent lot is one which abuts with tho parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." B) and in the alternative, ZBA # 6264 for Variances for two proposed lots in this re-division of land, requesting an area of less than the code-required 40,000 square feet of buildable land under the Bulk Schedule for CTM Parcel 1000-31-14-11 and adjacent CTM Parcel 1000-31-14-12; and C) ZBA #6154: Request for Variances under Section 280-124, based on the Building Inspector°s January 30, 2008 Notice of Disapproval, amended July 25, 2008 concerning a proposed single-family dwelling (after demolition of an existing building) with a proposed single side yard at less than the code required minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion; CTM 31-14-11. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each Page 2 - Legal Notice January 8, 2009 Public H, Southold Town Zoning Board of Appeals hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny. us. Dated: December 12, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #9137 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is ~rincipal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the _18th day of December 2008. -- Sworn to before me this '] Cday of Principal Clerk NOTARY PUBLIC*$TA¥~ OF NEW YORK No, Ol-V06105050 ~u~ii¢i~O n* ~"~olk County '~¥ Co~ml~}~ ~rugry 28, 2012 ~gal7 'at 730 Ba~ which lot will becom~ # 62~1' Reques~ · ¢- proposed gccessory s~drammg pool ~on ~0-124,,based on the Bfifl~ In- s ~ ' ' , ..... .eetofs October I7 2~S Node ~is ,~ ~t 17(~ t~pt ~o~ a~ ~op of approv~ concern ng a proposed deck Long ~land'So~d n ' J ' addifion at less t~an flue ~de-reqmred exceeding the code limitation o~ 20% on minimum ~on[ yard setback of 35 feet this buildable land area of ~5;253 sq~re ~d lot.coverage exceeding me ~de feet· at 1690 ~e Strand, East M~on: Imitati?n q~ ~QO(,.on thb 8o~co~orm-, -,~M 30-2-61 o~ ~ad. Mattttuck: C~ 123.5_20:~ , , ~6257: R~q~s t .for,V~h~n ~ 10:45 A,M ~ ZITO ~6233. uons 280-15C and 280-116A(1), based Request for a Varian~ under ~ection on the Building Inspector's Octo~r 8. 280-124, based on the Building Inspec- 2008 Notice of Disapproval conce~g tor's August 25, 2008 Notice vf D~ap- a proposed dwelling, Swimming proval concerning an as-built outdoor trellis and accesso~ garage· ~e rea- shower aamnon to tl~e smgle-famik sons stated for disapproving the build~g dwell~g which ~s less [ban,t0 ?et on ~ perm t apnlmaboa are' tl he single side yard, less than 15 f~t 'on ~e : b~fio~?~f*h ..... - i ' P _,proposed opposite side yard, resulting i~ le~s than house' 2~h' *~als t~ ~¢ [~ 25 feet (or a total of both side yards, ar nor penmtted at ~ess than 100 fee ~om 1.185 Bung~o~ Lane, Matfituck; ~ the op.~[~e bld~bang~nlq~s adja- 123-3-16. . · cent to the&.E ~4 238. L~cat o - ,t a .... o~, ~ er ~n~ ~d~cg~ons ~c~rcq¢ red ~n ~'~ OffS5 fee~ n - g80-l~ based on*app ca- single s de yard· L~afion bf Pro crt - 05 Soundmew ~venue, Southold; lng Inspector's August 72, 2~8 Notice of CTM 51-I-14. Disapproval concerning a pergola, fence 2:10 EM. ~NRY TRAENDLY height, swimming pool, and as built ca~ porl structure, for thc reasons that: (1) the proposed pergola to be added to the dwelling structure is not permitted because such additions/alteration will constitute aa increasc in the degree of nonconformance (nonconforming real yard setback and fi'ont yard setback, sec ZBA g3255 of August 1~, 1984; (2) the fence is not allowed as per Condifions under ZBA #3950 dated July 1L I990 which states: the fi'ncc and an~' screening shall not exceed 4 ft, 6 in. in height in front yard areas above grade, the area beginning at a point of 30 feet from the corner of Cedar Point Drive to 30 feet from the corner of Lakeside Drive shall remain open and un-vege- ~DV~A tLADE~. Lo- cation of Property: South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bav. Based on the Building Inspector's January 30, 2008 Notice of DisapproVal, amended July 25, 2008, the applicant has submitted al~pli- cations requesting: A) ZBA # 6207 - a ~9jver of Mel'~ under Article II, Sections 100:25 and 100-26 (renumbered 280-9 and 280-I0)~ concerning County Tax Map Parcel Numbers 12 and Il,in District 1000. Sec- tion 31, Block 14 which states: "Merger A nonconforming lot shall merge with an adjacent conforming ol nonconforming lot which has been held in cominon ownership with the first lot at any time aft?)LJu~ly_l' I983:.~ a~d-. suantto than loOO~ S6ction 280-13B far a built the 6-11. ' · ~ ' ~ office cCa°~king areas, instead.tff a home based up~h a~ app ~iao~-7~ [~qz~¢, perm~ and the Braid ag Inspector's Se the residen'fia se ~ . .e~tal to tember 22 20 ~- ; ' ' ~ .%~ he prem ses and =tn,rog t~at the hs-bud mobile h~mo n?t penmtted for two reasons. I i;~- .s the existin li~= -.spector,stat~s that ~t contm-o ~..~-~.uwemng umt, and (2)~ (apar~?t)as:builtisnotpcrmittedun' ..o ,~ss man 850 square feet of oer Section 280q2, smce the Code/imits living a~ea. Localion of Property 9525 each lot to only one dwelling. Loca ion Main Road, Matt tuck; CWM 1000 122- of Property: 306-53 C.R. 48 (a/k/a Middle 6-13. Road or North Road), Peconic: CTM 73 te hearmgFIfyou ~a~e do not hesitate e at (63I) 765.1809, or by e-ma/l: Linda Kowa sk ~Tdwn Sout~01d.ny us ~.~.-. · Dated: December 12,2{)~8 ZONING BOARD OF APPEAI.S GERARD R GOEHRINGER. CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Locanon 53095 Mare Road/Mailing&JSpq I~O. Box 1179 Southold, NY 11971-0959 9137-/T 12/18 FROM : HANK PHONE NO. : 516 ?6? 8~91 Jan. 07 2009 11:0BAM P1 HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 January 08, 2008 To: Zoning Board of Appeala ["ZI~A"] - Arm Pat Southold ZBA's # 6207, 6264 & 6154 Subject: Supplement to Our Waiver To Unmerge Property Application for S C T M # 1000 31 14 11 ["Subject Lot"] & Adjoining Previously Sold property 1000 31 14 12 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (l(lame of Applicants$ CTM Parcel #1000- 3! ~/¢ -// AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) Swon~ to before me this ~4'~day of ¢0A~t~, 2006~ ~/ (Notary Public) , New York, being duly sworn, depose and say tMt~ ~ ' ~ On the / g ~ day of~e6e~ ..~o~, I personally mailed at the Un/ted Sates Post Office i~ mea ~) ~ . New York, by CERTff~D MML, ~ ~CE~T ~Q~S~D, a ~e co~y of the at~ched Legal Notice in prepaid envelops ad&essM to c~ent owners shorn on the cu~ent ~sessment roll verified from the official r~r~ on file M~ ~e (~Assessors, or ( ) County Real Prope~ Office , for eve~ prope~ which abuts and is across a public or priv?e street, or vehicular right-of-way of recor(k suxo~ding the applicant's pro.ay. J~N R HEBBERD No~ ~blic, State of New York NO, 5044676 Oual~i~ in Suffo k Coun~ C~missiofl ~pires June 5, 2d~ PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME TRAE N D LY/CADWAL LAD E R MAP # 31-14-11 & 12 #6207,6154, 6264 VARIANCE LOT SEPARATION & SETBACKS REQUEST WAIVER/VARIANCES DATE: THURS, JAN. 8, 200 , 2:10 PM 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 FROM : HaNK PHONE NO. : 516 ?6? 8G91 Jan. 07 2009 10:17~M P3 $2.20 $5,49 D $5.49 Postage Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required} Total Postage & Fees m · Complete 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 mailpiece, or on the front if space permits. 2. A~icle Number (~ ,~n~[~' from service Received b [] Agent [] Addressee Service Type i-I Cer~md Mail [] Express Mail [] Registered [] R~urn Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [] yes 7003 1680 0002 6227 8554 PS Form 3811, February 2004 Domestic Return Recaipt 102595~J2-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Rsstricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. A~icle Addressed to: Article Number 7 0 0 7 ~Fransfer from servk:e lab PS Form 381 !, February 2004 [] t Date of Delivery is daiive~ address different ftorn item 1 ? YES, enter dellve~ address below: 3. Service Type I[] Cerdfled Mail [] Express Mail . J [] Regieteted [] Return Receipt for Merchandise ~ [] Insured Mail [] C.O.D. J4. Restricted Oaiive~y? (Extra Fee) [] Yes 1490 0000 8269 4508 Domestic Return Receipt · Complete 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 mailpiece, or on the front if space permits. 1. Article Addressed to: ff YES, enter d addres~ [] No FI Certified Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 2. AltiaieNumber 7007 1490 0000 8269 4492 PS Form 3811, February 2004 Domestic Return Rec~pt · Complete items 1, 2, and 3. Also complete item 4 if Restricted DeJivery 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. 1. Article Addressed to: 2. Article Number (Transfer from service PS Form 3811, Februa~ 2004 Agent 3. Service Type n Certified Ma~l r-I Express Mail i-I Registered F3 Return Receipt for Merchandise [] Insured Mail r7 C.O.D. 4. Restrrcted Deliver,? (Extra Fee) [] Yes 7003 1680 0002 6227 8547 Domestic Return Receipt I02595-02-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTiNG Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the .day of , , I personally placed the Town's official Poster, with the date of hearing and nature of my apblication noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (drive~ray entrance) - facing the street or facing each street or right-of-way entrance;* and that l hereby confirm that the Poster has remained tile snbject llearing date, which bearing date Sworn to before me this I / / 9 ( day of O o -2a0..g / -- ' ~ Notan/Public Slete of NY (Notary Public) No 01MA6086779, CounlyofSuffolk Commlsslon Ezmres February _ ~/~ for seven days prior to th'at date of *near the entrance or driveway entrance of my property, as the area most visible to passersby. :31- , id~ //,ac,? '-P o, a~- ¢o /d)/ / ' lapp Southold Town Board o eals ACTION OF THE ZONING BOA-RD OF APPE/LLS Appeal No. '2598 i <. , Application Oated' January 5, 1987 TO: Mr. and Mrs. Daniel McKas~y 368 Station Road Bellport, NY 11713 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 5~ '1987, the above appeal was considered, and the action indicated below was taken on your '~ , ~ ] 'Request for Variance Due to Lack of Access co Property New York Town Law, Section 280-a ~'~ % [ ] .Request ~or Special Exception under the Zoning Ordinance : Article , Section ?!'~' ! [X]' Reques: for Variance to the Zoning Ordinance Article XI , Section 100-119.2(B) .~ .' [ ~ Request for Application of DANIEL AND IRENE McKASTY. Variance LO construc5 swimmingpool with fence enclosure and cabana within 75 feet of existing bulkhead along t~dal water, requiring a Variance to the Zonin§ Ordinance Article XI, Section 100-119.2. Location of Property: 13220 Mai~ Road, East Marion, NY; Ceunty Tax Map Parcel No. 1000-31-14-12. WHEREAS,'a oublic hearing was held and concluded on February 5, 1987 in the Matter o.f the Application of DANIEL AND IRENE McKAS.TY under Appeal'No 3598; and W~EkEAS, a~ said hearing, no one aDDeared or seoke concerning this appllcatio_q~n; and W~EREAS, the board has carefully considered all testimony ane documentatiom submitted concerning %his application; ano WHEREAS, the board members have personally viewed and are familiar wit~ the premises ~n question, its present zoning, ano ~ne surrounding areas; and WHEREAS, '~he board maee the following findings of fac~: 1. By this application, appell'ants request a Varian6e from the ~rovi$ions of Article XI, Section lO0-119.2(B) ~o construc~ ~ 20' by 40' inground swimningpool, decks, caoana, and fence enclosqre, all with a setback of aoDroximately 30 feet from the existing ~ood bulkhead along the southerly sectio~ of the premises and approximately 40 fee~ from the existing wood bulk- head along the easterly %ectio~ of the premises. 2. The premises- in questiom is located along the south side of the Maim Road, East Marion, more particularly identified on the Suffolk County Tax Maps as District 1000, Sectio~ 31, Block 14, Lot 12, and contains a total u)land area of approximately 4],140 sQ. ft. with frontage along Doth Orient Harbor and Dam Pono Inlet. [CONTINUED 3N PAGE TWO) DATED: March 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~ ZONING BOA-RD OF A~PEALS Page 2 ~ Appeal No. 3598 M~tter of DANIEL AND IRENE Decision Rendered March 5, 1§87 3. The subject premises is located in the "A-40" Residential and Agricultural Zoning DJ.strict end is improved with a single- family dwelling set back 72± feet from the front property line (along the Main Road), 41± feet from the southerly wood bulkhead, 705 feet from the west side property line, llO± feet from the east side property line, all as depicted on survey sketch submitted with the application. 4. Tb~ reasons given for this appeal are that the applicants would not be permitted to enjoy the use of a pool, and that the new construction would enhance the property. NO additional testimony or reasons were furnished at the hearing. 5. It is the u~animous agreement of the board members that the area chosen for the new construction proposed herein is not the most feasible under the circumstances. There is alternative locations for this attached deck, pool and fence enclosure landward of the back (water-'side) of the dwelling, particularly in light of the history of tidal action along the Orient Harbor side of the bulkhead. The variance under the c~rcumstances are substantial in relation Co the reQuirements anu is hot the minimal necessary as applied. 6. For the record it is noted that a new Building P~rmit #15966Z issued ~arch 22, )985 for a new dwelling and enlarged garage in the frontyard is pending. The last inseection nuted in the record was 12/23/85 approving the insulation in the new dwelling. As of ~oe~y, a Certificate of Occupancy fair this construction has not been issueo. In considering this appeal, the board also finds and determines: (a) the relief recuested is suDszantial in rela- tion no the reouirements, being a variance of 60%; (bi the relief requested is no: the minimal necessary; (c) the difficulties claimed are no~ sufficient to warran~ the gran~- lng of the variance as applied; (d) there ~re other methods feasible for appellants to pursue, other than a variance; (e) the c~rcumsmances of the proper~y are unique, particularl to low elevations above mean sea level varying between 5.0 feet ~o ~.! feet, and its frontage along two sides with Orient HarDer and Da~ Pond Inlet; (fi the granting of this variance ~s not within the spirit of the zoning ordinance and criteria se: by the Courts; (g) the difficulties claimed are self- imposed, particularly oue to the minimal setbacks established under ~he. Building Pgrmit pending at this time; (h) ~n view of the manner in which the difficulties arose and in' considering all the abov~ factors, the in~eres~s of justice would be served by aerying~ the variance as aaelied. AccordiKgly, on motion by Mr. Douglass, ~econded by Mr. Goehringer, it was RESOLV'ED, Chat the relief requested under Appeal No. 3598 in the Matter of the Application of DANIEL AND IRENE McKASTY BE AND HEREBY ~S DENIED in its entirety. Vote o~ the Board: Ayes: Messrs. Goehringer, Grigonis, Boyen and Douglass, (Member Sawicki was absent.) This resolu- ti.on was duly adopted. !k March 18~ 1987 ~ J Fl' SUR~,~f FOil ~' DEPARTMENT OF H~.AI. TH SERVICES FRANK GILL~SPIE DV~ OF CONSTRUCTIO~ ONLY AT E~T MARION ~N ~ 'S~H~D ~s ~E~. ~._ ~UF~ ~TY, NEW ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Toflora BOARD OF APPEALS TOWN OF SOUTHOLD Southold TOwn Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appl. #4421 ACTION OF TtIE BOARD OF APPEALS DATE OF ACTION: 11/19/96 APPLICANT: HENRY TRAENDLY LOCATION OF PROPERTY: 13220 Main Road, East Marion COUNTY TAX MAP DISTRICT 1000, SECTION 3], BLOCK 14, LOT 12. BASIS OF ACTION: July 12, 1996 Notice of Disapproval by the Building Inspector; At'title XXIII, Section 100-231 of the Zoning Code got approval of four ft. bigh fence on top of a four ft. high berm, as exists, located in the f~nt yard of this residential zone. FINDINGS: Beton and fence height visibly appears to be up to almost 12 ft. - heigbt, rather than the 8 ft. total height requested in the applicatim~. (Agent~for representation has not co~irmed exact height for the record, by tl, ansit or other tools). The applicant has an oval or circular type driveway and this combination s~ructure extends within the lands~ped area along Route 25, from the edges of the existing driveway (witl~n temporary easement areas shown on the sketched Eortion of survey.) For further information, pleas~ see hearing transcript fop all statements made. MOTION MADE BY: L. Tortora, SECONDED BY: R. Villa ACTiON/RESOLUTION ADOPTED; DENIED height total at 8 ft., and ALTERNATIVELY GRANTED Apparel of total height at up to six feet ~me ground height of eente~ line of Route 25, ~d not e~en~ng p~t ova[ curve of existing driveway, shown on mp sub~tted ~th appflcalion. REASONS: The Code p~vides for a ma~mum height of four feet ~ o~ along a front yard. The re~ef requested ia subst~tial at 10~ percent, being four feet or mere o'eater thaa ~e c~de ~quirement. The ~[ief requested has b~n sea-created by p~perty owne~(s) over the past few VOTE ()F THE BOARD: Ayes: James Ditdzio, Jr., Robert A. Villa, Lydia A. Terrors, Gerard P. Goehrin~r. T~s ~solu~on was ~;:;;~uxly a~2~. 4~ffr Member Doyen of ~hers Is~nd was absent, ~ ~ T~ ~4n~ ~e~tflneo involved. HENRY TRAEND~ APPEALS BOARD MEMBER~~ll~ Gerard P. Goehringer, Chairman Ruth D. Oliva .lames Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P,O, Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY I 1971 http://southoldtown.northfork,net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 I YED q- MEETING OF JANUARY 22, 2009 : $outhold Town Clerk ZBA File # 6207 Names of Applicant: HENRY TRAENDLY Location of Property: 13000 MAIN ROAD, EAST MARION CTM 1000-31-14-11 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 two properties which are the subject of the applicant's request for an unmerger are shown on the Suffolk County Tax Map as District 1000 Section 31 Block 14 Lot Number 11 ('CTM 11'), owned by the applicant, and Section 31 Block 14 Lot Number 12 ('CTM 12') for the adjacent property. CTM 11 contains 7,087 square feet with 35 feet along the Main Road (a/k/a N.Y.S. Route 25) and extending 209.43 feet to a tie line along approximately high water mark of Orient Harbor, as shown by a survey prepared for Chardstol'by Kenneth F. Abruzzo, L.S. dated July 23, 1996 (job #96-0575). The property is improved with a garage. CTM 12 contains 44,174 square feet and is improved with a dwelling and accessory garage, as shown on the November 21, 1984 survey prepared for Ireme McKasty by Howard W. Young, L.S.. BASIS OF APPLICATION: This application is a request for a waiver of merger ufider Section 280-11 to unmerge two properties based on an application for a building permit and the Building Inspector's amended July 25, 2008 Notice of Disapproval. The Building Inspector states that the Page 2 - January 22, 2009 ZBA # 6207 -Henry Traendly CTM 31-14-11 amended July 25, 2008 Notice of Disapproval is based on a survey by Louis G. Schwartz updated 7/15/2008 to address the merger of the subject lot which merged with an adjacent lot to the northeast (SCTM # 1000-31-14-12) pursuant to Article II, Section 280-10, which states: Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or molb in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." FINDINGS OF FACT The Zoning Board of Appeals held a public hearing concerning this property on September 25, 2008 and on January 8, 2009, at which time written and oral evidefice were presented. Special Circumstances: The Assistant Town Attorney at the request of the Building Inspector advised that the adjacent lot 12 was merged with the applicant's subject CTM 11 during the September 25, 2008 area variance hearing. The Building Inspector confirmed that the determination on July 25, 2008. During the January 8, 2009 public hearing Mr. Traendly requested severing the lot merger issue before the Board from the remaining area variance application,'and therefore the remaining issues under ZBA File # 6154 will be held in abeyance until the waiver to unmerge has been decided. Uniqueness of Application to unmerge CTM 11: During the hearing, the applicant ~stified that he transferred title in 2005 to CTM 12, an improved lot. CTM i2 is 44,174 square feet (1.01 acres), there was no attempt to create a lot line ~hange to add square footage to CTM 11, before the sale of CTM 12. The Zoning Board finds that, pursuant to Resolution No. 2008-950 adopted by the South01d Town Board on October 21, 2008, amending the Zoning Code Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the applicant's request for a waiver is denied for the following reasons: Page 3 - January 22, 2009 ZBA # 6207 -Henry Traendly CTM 1. The waiver would recognize a lot that is not comparable in size to the majority of the improved lots in the area because an analysis of the immediate area indicates the following: Tax Lot 1000-31-14-12, with which the subject lot CTM 11 is merged, is 44,174 square feet (1.01 acres) and is improved with a home. · Tax Lot 1000-31-14-11, the subject property, is .16 of an acre and is improved with a garage. · Tax Lot 1000-31-14 -10 is .20 of an acre, improved with a home. · Tax Lot 1000-31-14-14 is .28 of an acre, improved with a home. · Tax Lot 1000-31-14-9 is .49 of an acre, improved with a home. · TaxlLot 1000-31-14-13 is .51 of an acre, improved with a home. · Tax Lot 1000-31-14-15 is .47 of an acre, improved with a home. · Tax Lot 1000-31-14-8.1 is .49 of an acre, improved with a home. · Ta~ Lot 1000-31-14-8.2 is .46 of an acre, improved with a home. · Tax Lot 1000-31-14-7 is 1.6 acres, improved with a home. Across the Main Road at District 1000 Section 31 Block 5 are: · Tax Lot 1000-31-5 10.2 is 1.75 acres, improved with a home. · Tax Lot 1000-31-5-9.1 is .58 of an acre, improved with a small structure. · Tax Lot 1000-31-5-8.1 is .87 of an acre, improved with a home. This analysis indicates 12 properties within the immediate area, six of which are three times larger in area than the subject property. Also, one is five (5) Page 4 - January 22, 2009 ZBA # 6207 - Henry Traend[y CTM 31-14-11 times larger than the subject property, and two others are ten (10) times larger than the subject property. 2. The waiver would recognize a lot that is not vacant. The evidence shows it had not been treated and maintained as a separate and independent resident lot since the date of its original creation and the evidence shows in fact that it is improved by an accessory building. 3. The proposed waiver and recognition will create an adverse impact on the physical or environmental conditions in the neighborhood or district because: a. CTM 11 is very narrow and impacts both parcels on either side. b. The neighborhood consists of many one-half acre lots and larger lots. c. Construction on this property will impact the fragile nature of this area to include Dam Pond and Orient Harbor, reference May 10, 2007 letter issued by the Town LWRP Coordinator to the Town Trustees confirming inconsistency under Chapter 268 Waterfront Consistency Review, Southold Town Code, and standards of Local Waterfront Revitalization Program (LWRP) Policy Standards. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code Chapter 280, Article II, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to DENY the waiver, as applied. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). 0LIVA, VICE CHAIRWOMAN Approved for Filing 2/'-~ ~2009 HENRY H TRAENDLY BARBARA A CADWALLADER PO Box 1589, Jamesport NY, 11947 (631) 779 3167 [faxl (631) 779 2647 (hhtraendly~msn.com) To: Chairperson Ms. Weisman May 12, 2010 Board Assistant: Ms Toth Cc Members of Southold Town Zoning Board of Appeal Subject: Copies [Attached] of our new survey for an Area Variance - Application # 6264 depicting Information and drawings as directed by the ZBA F3OI~RD OF S.C.T.M. NO. DISTRICT: 1000 SECTION: 31 BLOCK: 14 LOT(B): 11 AREA LANDWARD OF COASTAL EROSION LINE: 5,849 SQ.FT. or 0.13 ACRES OVER ALL LOT AREA: 7,087.05 SQ.FT. or 0.16 ACRES PROPOSED LOT COVERAGE: PROPOSED HOUSE - 1,057 S.F PROPOSED PORCH W/STEPS - 18 S.F. RECEIVED LO~ COVERAOE EXISTIN~ D~CE 4~2 S.F. OR 6~ MAIN ROAD BO^RD OF APPEALS N.¥.S. ROUTE 25 · , LAND N/F OF LANO N/F 5 0' NORMA MILLER / OF ' %  L J HENRY TRAENDLY EL[V. 7,4 / ~ ~ COARSE G~L WATER 10' ~ND 16.2' ~ ~ ~ EFFECTIVE DATE SEPT. 25, 2009 JAN. 03, 2007 / / ~ ~ ~ ~ ~ ~ ~ THE WA~R SUPPL~ ~LLS AND CESSPOOL R~SED ~RIL 22. 2010 ~ ~ ~ ~ ~ ~ ~ LOCA~ONS ~0~ A~E FROM FIELD OBSERVATIONS R~SEO ~H 25, 2010 AND OR DATA ~TAINEO FROM U.S.C.G. AREA: 7,087.05 SQ.~. OR O. J6 ACRES ~ ~ ~ ~ ~ ELEVAnON OA~M: ......................... UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURLY IS A ~OLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA~ COPIES OF THIS SURLY MAP NOT BEARING THE LAND SUR~YOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COP~ GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR ~OM THE SURLY IS PREPARED AND ON HIS BEHALF TO THE TI~E COMPAN~ GO~RNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI~TION, GUARAN~ES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHO~ HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPRO~MENTS. EASEMENTS AND/OR SUBSURFACE STRU~URES RECORDED OR UNRECORDED ARE NOT CUARANTEED UNLESS PHYSICALLY E~DENT ON THE PREMISES AT THE TIME OF SURLY SURVEY OF: DESCRIBED PROPER~ CERTIFIED TO: BRYAN VIL~NTI; MAP OF: FILED: SITUATED AT: ORIENT tO~ Of: SOUTHOLD ~NNE~ M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK ~nd Su~e~ng and Desi~ PHO~ (631) ~08-1~88 Y~ (631) ~08-1588 FILl ~ ~--~ ~ ~ SCAL[: ~ "=~0' DAT[: JA~ ~, ~00~ N.Y.s. uc NO. 50227 main~ininf ~e records o~ Robert J. Hennessy HENR~, TRAENDLY ~T EAST MARION o~T[, ogc, r~,~990 ~WN ~ SOUTH~LD sc~[= 1"=40' SUF~ CO~TY~ ~W ~ No, 90-0905 ~EAL~ DEPARTMENT-DATA F~ AP~RO~L ~ C~STRUCT ~ ~ ~NW~ THE SU~Y I~ ff~PAREO NEAREST W~ IAIH~ ~ N SO~E~ ~T~, ~lmTE P~IC __ MENTAL A~Y ~ L~NOmG INSTITUTION LI~D ~F CO. T~ MAP ~T SECTI~ 03~ ~ ~ LOT~I2 H~K~, ~0 TO ~E &/~N~l OF ~[rLEND D " YOUNG YOUNG ~ NV(~AD~ N(~ YORK · LD(N ~.YQUNG, PROF(~ION~L (NGIN((R ~ND ~ND S~vEY0~ N.Y.S. U~(NS[ NO. 12845 HOW&RD W. YOUNG, ~ND SU~VEYO~ / MAIN _R_OAD LOT COVERAGE PROPOSED HOUSE AND PORCH 1284 S.F. OR 18~ / DECK .342 S.F, OR 5% " E~: or LOT COVERAGE EXISTING ~ ~ _ -- ~~ ~ ARE m~BLE iN THI~I AREA ~ ~ LO~ 1.2 ' ~ ~ / / WATER XWA~R ~ -- -- -- ~ .... 64) JAN, 0~, 2007 ~ ~ ~ ~ ~ ~/~ ~SUPPL~ ~LLS AND CES~OOL ~D LOT C~E ~Y 20 2007 ~ ' ~ ~ ~ ~ ~ ~ ~O~S ~0~ ARE FROM ~ELD OBSERVATIONS ' ~ ~ ~ ~ ~ / ~ AND ~ DATA OBTAINED FROM OTHERS, . ~ ~~~~U~U.S.C.G. AREA: ~,oe~.o~ se.~. O~ 0.~ ~c~s ' ~~~~ ~ ~ ~ a~w~o~ o~o~ _~: ..................... UNAUTHORIZED ALTERAEON OR ADDISON TO ~IS SURLY IS A HOLA~ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA~ COPIES OF THIS SURLY MAP NOT BEARING THE LAND SUR~YOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID ~UE COPX GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR ~OM THg SURLY IS PREPARED AND ON HIS BEHALF TO ~ TI~E COMPAN~ GO~RNMENTAL AGENCY AND LENDING INS~TUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS~TUEON, GUARANTEE ARE NOT ~ANSFERABLE. THE OFFSE~ O~ DIMENSI~S SHO~ HEREON FROM ~g PROPER~ LINES TO ~g STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE ~EREFORE THEY ARE NOT IN~NDED TO MONUMgNT ~E PROPER~ LINES OR TO GUIDE ~ EREC~ON OF ~NCES. ADDITIONAL S~UC~RES OR AND O~ER IMPRO~MENTS, EASEMENTS ~ND/OR SUBSURFACE S~U~RES RECORDED OR UNRECOROEO ARE NOT CUARAN~ED UNLESS PH~ICALL Y E~DgNT ON THE PREMISES AT ~E ~ME OF SURLY SURVEY OF: DESCRIBED PROP~R~ CERTIFIED TO: BRYAN VIL~NTI; MAP OF; FILED: SITUATED AT: ORIENT TO~ Or: SOUTHOLD SUFFOLK COUNTY, NEW YORK_~ z~ ~d ~o~ (~l) ~e-s~ ~ (~) ~e-l~ee F~LE ~ 26-15~ SCALE: 1"=50' OATE: JAN 3, 2007 N, Y, S, LIC NO, 50227 %.. \ SURVEY FOR IRENE: McKASTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEff YORK NOV, NOV, NO, 04 YOUNG ~ YOUNG N..DENW. YO~JNG, PHOF£~IOH&L AND LAND SURVEYOR N.~$,UCENS[ N0, t2845 HOWARD · YOUNG~ LAND N.~ LICEN$[ NO;45893 ~ O~TRANDER AVENUE RIVERHi[AD, NEW YORK BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard R Goehringer George Homing Ken Schneider August 4, 2010 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOLITItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Henry Traendly Barbara Cadwallader P.O. Box 1589 Jamesport, NY 11947 Re: ZBA Appeal #6264 Dear Mr. Traendly and Ms. Cadwallader: Enclosed is a copy of the Board's July 29, 2010 determination filed today with the Town Clerk regarding your application. Sincerce~, Vicki Toth Encl. Copy of Decision to: Town Clerk (original) Building Department 2? MAIN biARION LAKE SECT)ON NO 022 L6l- /¥-// v I ~ WAR/ON LAKE NOTICE ~ COUNTY OF SUFFOLK (~) ALTER T'~' $'LE OR ,j,~'~-,,,~'~ Real Property Tax Service Agency ...... ~. or SOUTHOLD ~ ~l~.~''~ 1000 SECTfON NO 031 PROPERTY MAP