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HomeMy WebLinkAbout1000-31.-14-11 � r r M7r Submission Without a Cover Letter l Sender: �ef7r / �(��t)d/ Subject: bn" E r-)') ) C- SCTM#: 1000 - ��� ��' MAR 2 1�) I)'l��w Date: 319C115 14rl))aud Comments: 3 (?� ��l Awo St JFT.. 01..,K COUNI'YWAI'ER. ALYTHOITY ---------------- 4060 Sunrise Highway,Oakdale, New York 11769-0901 —---------- ................. February 7, 2013 Mr. Henry Traendly Ms. Barbara Cadwallader PO Box 1589 Jamesport NY 11947 Re: Water Availability— 1300 Main Rd, E Marion SCTM# 1000-31-14-11 BP# 2000528281 Dear Mr. Traendly & Ms Cadwallader: We have received your request for information regarding availability of public water service to the above referenced property. There is an existing water main available to the above captioned property from Main Road. Connection fees, which include any applicable water main surcharges, an application and inspection, will be required for the house service line installation. If you have any further questions, please feel free to contact me at (631) 563-5672 or our New Service Department at (631) 218-1148. Sincerely, Lisa Cetta Manager New Service LCJap MEMORANDUM � SUPREME COURT, SUFFOLK COUNTY I.A.S. PART 33 _-_--_-___1----.._----------------___In the Matter of the Application of By: Whelan, J.S.C. Dated: Janua , 2013 HENRY ENDLY and BARBARA ENDL '. Index No. 1 0-3267 ,�' Mot. Seq. 9 00�1 - MG; CDISPSJ Petitioners, Return Date: October 8, 2010 For a Judgment under Article 78 of the Civil : Adjourned: October 26, 2012 Practice Law and Rules - against - ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. X ESSEKS,HEFTER&ANGEL,LLP. SMITH, FINKELSTEIN, LUNDBERG, et al. Attorney for Petitioner Attorney for Respondent 108 East Main Street, P.O. Box 279 456 Griffing Avenue Riverhead, New York 11901 Riverhead, New York 11901 In this article 78 proceeding, the petitioners seek judgment annulling and reversing the determination of the Zoning Board of Appeals of the Town of Southold ("the ZA"), dated July 29, 2010, which denied the petitioner's application for area variances rc k �d i ng their real property located at 13000 Main Road, East Marion, in the Town of Southold,County of Suff"611<. The subject property is designated on the Suffolk County Tax Map as District 1000, Section 31, Block 14, Lot 11 (hereinafter Lot 11). On December 16, 1988, the petitioner Henry Traendly (Traendly) took sole title to property adjacent to Lot 11, located at 13220 Main Road, East Marion, New York under the name Henry H. Traendly. The adjacent property is designated on the Suffolk County Tax Map as District 1000, Section 31, Block 14, Lot 12 (hereinafter Lot 12). Lot 12 is approximately 9/IOths of an acre in size and it is improved by a single family dwelling. Thereafter, the petitioners acquired Lot 11 by a deed dated September 30, 1996, and recorded in the Suffolk County Clerk's office on October 11, 1996. Lot 11 is approximately 1/6th of an acre with a garage/boat house located on the westerly property line. On March 14, 1997, Traendly placed title to Lot 12 in himself and the petitioner Barbara Cadwallader by a deed to "Henry H. Traendly and Barbara Cadwallader Traendly, his wife." Approximately eight years later, on October 28, 2005, the petitioners conveyed Lot 12 to a third-party, intending to build a retirement home on Lot 11. Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 2 On November 14, 2006, the petitioners applied to the Southold Town Building Department (Building Department) for a permit to construct a single family dwelling on Lot 11. The Building Department issued a Notice of Disapproval on November 17, 2006, on the ground, among other things, that the lot was a"non-conforming 7,087 square foot parcel*... [requiring] a minimum single side yard V_ setback of 10 feet, [and] a total side yard setback of 25 feet ... the proposed construction ... will have a single side yard set back of+/- 5 feet, [and] a total side yard setback of+/- 10 feet ..." It is undisputed that Lot 11 is generally 35 feet in width. It appears that the petitioners then revised their site plan, because the Building Department issued an amended Notice of Disapproval on May 24, 2007. Said notice indicated, among other things, that "the proposed construction ... will have a single side yard set V back of 2 feet, [and] a total side yard setback of 9.8 feet ..." Because Lot 11 is located on Orient Harbor, it was necessary that the petitioners apply for a wetlands permit from the Southold Board of Town Trustees (Trustees) before undertaking any proposed construction. As part of the process, the Trustees referred the application to the Southold Town Conservation Advisory Council and to Mark Terry (Terry), the coordinator of the Town's Local Waterfront Revitalization Program (LWRP). By letter dated May 10, 2007, Terry advised the Trustees that he recommended that the proposed application be found "inconsistent" with the LVVRP. It appears that the petitioners submitted a revised site plan to accommodate the Trustee's concerns and to attempt to comply with ffic LWRP and related environmental st,-ijidards, 011 Jarittary 23, 2008, the Trustees i,tnaiiiniously approved the petitioners' wetlands permit applicatioti, indicating that "the structure (f Ft.A&I complies will'i the staridards set forth in Chapter 275 of the Southold Town Code that"the project will not affect the health, safety and general welfare of the people of the town ...," and that based on mitigation measures the project is "consistent" with the LW RP and the Southold Town Code. It appears that the petitioners filed a new orataiended application will-i flie, Bui]diiig Departni.ent on or about January 7, 2008, seeking a permit "for demolitioti of aii existing gar-age atid corlstrLiction ofa new single family dwelling" on Lot 11. Ina Notice of1_)is,,,,i1)Prov�,,,d dated Jailuary 30, 2008, the ffijfldiii.g Department denied the application on the ground that'17ollowitig the proposed additions and alterations, the dwelling will have a single side yard set back of+/- 2 feet, a total side yard setback of 7 feet, and a front yard setback of 25 feet." The Notice of Disapproval sets forth that the applicable standard requires a front yard setback of 35 feet. The petitioners filed an appeal with the Town of Southold Zoning Board of Appeals (ZBA) seeking to reverse the denial in the January 30, 2008, Notice of Disapproval. The ZBA referred the appeal to the LWRP coordinator, Terry, who advised the ZBA in a letter dated May 28, 2008, that the application was exempt from the LWR.P. The ZBA opened public hearings on the t--' petitioners' application on May 29, 2008, wherein suggestions were made to increase the eastern side yard setback, and the application was adjourned to July 24, 2008. It is undisputed that immediately preceding the July 24th hearing date, the Building Department contacted Traendly with questions about the single and separate title search submitted in support of both of the applications for a building pen-nit, and that it raised the possibility that Lot I I had merged with Lot 12 when they were held in common ownership from 1997 to 2005. It is for this reason that the July 24, 2008 hearing was adjourned to September 25, 2008. On July 25, 2008, the Building Department issued an amended Notice of Disapproval which denied the petitioners' application on the grounds that "Following the proposed additions and alterations, the dwelling will have a single side yard set back of+/- 2 feet, a total side yard setback of 10 feet, and a front yard setback of 20 feet," and that the subject lot had merged with Lot 12 Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 3 pursuant to Section 280-10 of the Southold Town Code (Code). It is undisputed that this is the first time that the Building Department raised the issue of merger with regard to the petitioners' applications. At the time that the Building Department raised the merger issue, Section 280-11 of the Code provided a method by which applicants could seek a "waiver of merger," Almost simultaneously, the Town Board was considering a proposal to amend the waiver of merger section to permit a more liberal interpretation of applications by the ZBA. On October 21, 2008, the Town Board unanimously adopted an amendment to Code Section 280-11, Waiver of merger. On December 18, 2008, the petitioners filed an application for a waiver of merger pursuant to the newly adopted Code Section 280-11. After a public hearing on the petitioners' waiver application on January 8, 2009, the ZBA issued its Findings, Deliberations and Determination on January 22, 2009, which denied the application. The petitioners filed a CPLR article 78 proceeding seeking to annul and reverse the ZBA's denial of its application for a waiver of merger entitled Traendly v Zoning Board of Appeals of the Town of Southold, Supreme Court, Suffolk County, Index No. 09-08226 (Traendly 1). The petition in that proceeding has been denied by a separate Memorandum Decision issued by this Court. On December 9, 2008, the petitioners filed a separate appeal with the ZBA seeking lot area and lot width variances to re-recognize Lot 11 as a lawful building parcel despite the lack of conformance to the subject R-40 lot area (40,000 square feet) and lot width (150 foot) requirements. It is undisputed V, that, if the petitioners are able to secure an area variance, that would also "de-merge" Lot 11 and allow the petitioners to possibly obtain a building permit. The Court notes that the petitioners and the respondent have treated the two applications as intimately related, and that both have incorporated arguments and contentions related to one application in their support of or opposition to the other application. In support of their appeal, the petitioners submitted, among other things, an opinion by a local real estate appraiser and broker, and a written "variance and zoning analysis." In his written opinion, John J. Nickles (Nickles) states that he has been a real estate professional in the Southold area since 1964, and that he is personally familiar with Lot 11. He indicates that Lot 11 is part of a neighborhood consisting of 13 properties, and that, other than Lot 11, all 12 properties are improved by single family dwellings. Nickles opines that the subject neighborhood is unique, that the ten properties south of Main Road are unique "in and among themselves," and that the neighborhood consists of"architecturally �1� diverse homes" situated to take advantage of water views. He further opines that, because of the varying lot sizes and the proximity to Main Road, the properties south of Main Road lack the privacy typically associated with bay front homes in other areas of the Town of Southold, and that the impact of a"de- merger" of Lot 11 "will have no material or noticeable adverse impacts on the character of the neighborhood." In their variance and zoning analysis, the petitioners contend that the application should be granted under the applicable "balancing test" set forth in Town Law 267-b (3) (b). They assert that, because the result of this application means the difference between their ability to build or not, there can hardly be a more substantial benefit to them under the statute. They then analyze the five factors which the ZBA must be weigh against that benefit in making its determination. The petitioners also submitted a copy of a prior ZBA decision which they assert sets a precedent in favor of a-grant of their application. Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 4 In addition, the petitioners point out the long-standing zoning history of Lot 11. As of 1957, when the Town adopted its first zoning code, Lot 11 and Lot 12 were separate lots, held in separate ownership since 1947. Lot 11, though nonconforming, was a buildable lot up to the time that it was V -,/deemed to have merged with Lot 12. The petitioners explain that Lot 12 was placed in the names of both petitioners as an estate planning measure, but in a different form of their names as compared to the deed to' Lot 11. At the time, the petitioners believed, 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." The petitioners assert that, in the ensuing years, they made every effort to distinguish Lot 11 from 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." They also claim that Lot 11 was never landscaped or improved, and was left habitually overgrown in order to sustain the separation of the two lots. On May 20, 2010, the ZBA held a public hearing on the petitioners' application for a lot area and a lot width variance. A review of the transcript reveals that Traendly appeared with counsel, that Nickles was also present, and that the ZBA chairperson made it clear that the only matter before the board was whether Lot 11 should be made a buildable lot through the grant of the lot area and lot width variances. The chairperson indicated that the board was not being asked to approve any particular site plan, and that any site plan would require the ZBA to resume consideration of the original application for side yard set backs. Counsel for the petitioners set forth the petitioners' arguments for approval, including a short discussion on prior precedent referred to as the Morris case.' In discussing Morris,✓ counsel pointed out that the facts are quite similar to those in the petitioners' application. He indicated that the Morris parcel was also zoned R-40, that it was smaller at approximately 5,000 square feet, that a prior application for a waiver of merger had been denied, and that there were some small lots and some larger lots in the neighborhood where the Morris lot was located. The transcript reveals that one member of the ZBA stated that the petitioners' application compared favorably to Morris, that another V, board member indicated that his concern was with the side yards, and that the board did not have any questions for Nickles. The transcript also reveals that the petitioners acknowledged that a grant of the lot area and lot width variances does not guarantee any result in their application for site plan approval. On July 29, 2010, the ZBA issued its Findings, Deliberations and Determination (decision) denying the petitioners' application for lot area and lot width variances. The ZBA indicated that the application was a Type 11 action under SEQRA, and that it is exempt under LWRP\/fn its decision, the ZBA acknowledges receipt of a memorandum from the Southold Planning Department dated August 25, 2009, which indicates that said department does not support the issuance of the requested variances as the application requests a relaxation of the area required by 80 per cent. The decision then sets forth findings under separate headings regarding the five factors set forth in Town Law 267-b (3) (b). The ZBA, 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", hrough the procedure at issue herein. Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 5 Town Law 267-b provides, in pertinent part: 3. Area variances. (a) The zoning board of appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein. -(b) In making its determination, the zoning board of appeals shall take into V 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. In making such determination the board shall also consider: (1) 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; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be V relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. In its decision, the Z sets forth six different findings, five of which relate to the five factors to be considered under the Town Law, regarding the petitioners' application for the requested variances. In summary, the ZBA found that: Town Law 267-bL3h(b) U I - A grant of the variances would "produce an undesirable change in 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." The grant would create the smallest and most nonconforming lot in the neighborhood, and require the construction of a narrow and long dwelling not in keeping with the character of the neighborhood. Town Law 267-b-CalfbIU2 The benefit sought by the applicant cannot be achieved by some other feasible method. Town Law 267-b-(3)-(b)-(3) The variances requested are substantial requiring an 82 per cent relaxation of the area required under the Code, and a 76.8 per cent relaxation of the width required under the Code. Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 6 Town Law 267-b (3) (b) (4) While the petitioners did acquire a wetland permit, they did not submit any evidence that a variance will not have an adverse impact on the physical or environmental conditions. The subject lot is Xnot serviced by public water, it is located in a flood zone, it has a"deep depression toward the middle," and it does not have a bulkhead. In addition, a grant would require the petitioners to return to the ZBA for additional substantial variances. Town Law 267-b (3) (b) (Q. The difficulty has been self-created in that the petitioners knew the dimensions of the lot when they purchased it, and knew that the lot historically served as private beach access and boat storage in an accessory structure that is still on the premises. In addition, the petitioners admitted that the reason variances are required is due to a mistake made by their estate attorney, that when they sold Lot 12 they could have sold less property, leaving them a larger lot, and that the merger of Lot 11 and Lot 12 was accomplished voluntarily for estate planning purposes. The decision concludes with a finding that a denial of the requested relief is the minimum action N/' necessary and adequate to preserve and protect the character of the neighborhood. The Court now turns to the petitioners' claim that the ZBA's denial of the requested variances was arbitrary and capricious. Local zoning boards have broad discretion in considering applications for variances and the judicial function in reviewing such decisions is a limited one. Courts may set aside a zoning determination only where the record reveals that the board acted illegally or arbitrarily, or abused its discretion, or that it merely succumbed to the generalized community pressure (Pecoraro v Board of Appeals of the Town of Hempstead, 2 NY3d 608, 781 NYS2d 234 [2004]; Matter of Tsunis v Zoning Bd ofAppeals of Inc. Vil. of Poquott, 59 AD3d 726, 873 NYS2d 733 [2d Dept 2009]). A determination of a zoning board should be sustained on judicial review if it has a rational basis and is supported by substantial evidence (Pecoraro v Board ofAppeals of the Town of Hempstead, supra). When reviewing the determinations of a Zoning Board, the Court considers substantial evidence only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination (Matter of DiPaolo v Zoning Bd of Appeals of the Ton/Vil. of Harrison, 62 AD3d 792, 879 NYS2d 506 [2d Dept 2009]; Matter of Gallo v osell, 52 AD3d 514, 859 NYS2d 675 [2d Dept 2009]). A zoning board considering a request for an area variance is required, pursuant to Town Law 267-b (3), to engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community if the area variance is granted (see Matter of Ifrah v Utschig, 98 NY2d 304, 746 NYS2d 667 [2002];Matter of Sasso v Osgood, 86 NY2d 374, 633 NYS2d 506 [1995]; Matter of Russia House at is Point, Inc. v Zoning Bd. of Appeals of Vil. of Kings Point, 40 AD3d 767, 835 NYS2d 450 [2d Dept 2007]; Matter of Filipowski v Zoning Bd. of Appeals of Vil. of Greenwood Lake, 38 AD3d 545, 832 NYS2d 578 [2d Dept]). Pursuant to the statute, the zoning board is also required to consider whether the alleged difficulty was self-created. While this factor is not dispositive, neither is it irrelevant (Matter of Ifrah v Utschig, supra; see also Crilly v Karl, Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 7 67 AD3d 792, 888 NYS2d 189 [2d Dept 2009]; Matter of Millen n ium'Custom Homes,Inc. v Young, 58 AD3d 740, 873 NYS2d 91 [2d Dept 2009]). Initially, the Court notes that the ZBA decision does not address the precedent set in its prior decision in the Morris application. It has been held that absent an explanation the failure of zoning board of appeals to render a decision consistent with precedent requires reversal of the decision as arbitrary and capricious, even though there is substantial evidence in the record to support the decision (Matter of Charles A. FieldDelivery Serv. (Roberts), 66 NY2d 516, 498 NYS2d 111 [1985];Matter of Lafayette Stor. & Moving Corp. (Hartnett), 77 NY2d 823, 566 NYS2d 198 [1991];Matter of C/o Hamptons,LLC v Zoning d. ofAppeals ofIne. Vil. of E. Hampton, 98 AD3d 738, 950 NYS2d 386 [2d Dept 2012]; Matter ofLyublinskiy v Srinivasan, 65 AD3d 1237, 887 NYS2d 119 [2d Dept 2009]; Matter of Frisenda v Zoning Bd. ofAppeals of Town of Islip, 215 AD2d 479, 626 NYS2d 263 [2d Dept 1995]). However, an explanation why the precedent was not followed is only required where it is established that the earlier matter involved"essentially the same facts" (see Matter of London v Zoning Bd. of Appeals of Town ofHuntington, 49 AD3d 739, 855 NYS2d 561 [2d Dept 2008]; Matter of Conversions for Real Estate, LLC v Zoning Bd. of Appeals of Inc. Vil. ofRoslyn, 31 AD3d 635, 818 NYS2d 298 [2d Dept 2006]; Matter of North Shore F.C.P., Inc. v Mammina, 22 AD3d 759, 804 NYS2d 383 [2d Dept 2005]; Matter of Pesek v Hitchcock, 156 AD2d 690, 549 NYS2d 164 [2d Dept 1989]). Here, the petitioners submitted evidence indicating that their application is based on essentially the same facts as Morris, and there is nothing in the record to refute that evidence. V In addition, the Court finds that the ZBA's findings that a grant of the variances would"produce an undesirable change in the neighborhood or a detriment to nearby properties" is not supported by the record. The petitioners submitted an expert opinion which indicates that two neighboring properties are similar to Lot 11 and are improved by single family dwellings, that this is the last unimproved lot in the neighborhood, and that the neighborhood is "architecturally diverse." There is nothing in the record to W, indicate that, in the context of this application, a de-merger of the lot would produce an undesirable %-,* change in the character of the neighborhood. Moreover,the decision does not—in–di`caTeTow�approval of the subject application would produce a"detriment" to the nearby properties. The record includes a letter from the owners of the property to the west of Lot 11 which objects to the petitioners' attempt to build within two feet of the common property line and to install septic tanks within 75 feet of the well on their property. However, the ZBA acknowledges that the instant application does not involve the issues regarding any proposed site plan, which will require further submissions by the petitioners. It has been held that "[c]onclusory findings of fact are insufficient to support a determination by-a zoning board of appeals,which is required to clearly set forth 'how' and 'in what manner' the granting of the variance V/would be improper" (Cacsire v City of White Plains Zoning Bd. of Appeals, 87 AD3d 1135, 930 NYS2d 54 [2d Dept 2011] quoting Matter of Gabrielle Realty Corp. v Board of Zoning Appeals of Vil, of Freeport, 24 AD3d 550, 808 NYS2d 258 [2d Dept 2005]; see also Matter of Salierno v Briggs, 141 AD2d 547, 529 NYS2d 159 [2d Dept 1988]; Human Dev. Servs. of Port Chester v Zoning Bd. of Appeals of Vil. of Port Chester, 110 AD2d 135, 493 NYS2d 481 [2d Dept 1985];Matter of Farrell v Board of Zoning & Appeals of Inc. Vil. of Old Westbury, 77 AD2d 875, 431 NYS2d 52 [2d Dept 1980]). Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 8 Initially, the Court finds that the ZBA failed to weigh the benefit to the petitioners against the V detriment to the health, safety and welfare of the neighboLod or community if the area variance was granted (see Matter of Ifrah v Uischig,supra;Matter of Sasso v Osgood, supra). The ZBA decision does not address the facts which would support the petitioners' argument that the grant of their application would be of great importance to them. The decision does indicate that the petitioners do not have some other feasible method to obtain the relief sought(However, the Court cannot determine what weight, if any, the ZBA gave to the alleged benefit to the petitioners, and how it then weighed that benefit against any purported detriment to the community. The Court further finds that the ZBA's findings that the petitioners did not submit any evidence that a variance will not have an adverse impact on the physical or environmental conditions was arbitrary and capricious. It is undisputed that the petitioners submitted the wetlands permit issued to-them by the Trustees, and that some of the documentation regarding that application appears in the record. It is also undisputed that the Trustees found that the petitioners' proposed construction complies with the standards set forth in Chapter 275 of the Southold Town Code, will not affect the health, safety and general welfare of the people of the town, and is "consistent" with the LW RP and the Southold Town Code. Although the ZBA notes that Lot 11 is not serviced by public water, is located in a flood zone,V" has a "deep depression toward the middle," and does not have a bulkhead, the decision does not explain how those facts are unique or specific to Lot 11 as opposed to the neighborhood, or why those facts,-- cannot be addressed in the process of reviewing a future site plan application by the petitioners. In addition-/'the ZBA does not address why its determination in this regard is contrary to that of the Trustees;/or how its standards are different from those of the Trustees. This is especially true when the record does not reveal that the ZBA indicated to the petitioners that it had any concerns about this issue. However, the Court finds that the ZBA's finding that the Petitioners' difficulty was self-created is supported by evidence in the record. While there is support in the record for a contrary result, the record contains substantial evidence to support the ZBA's finding in this regard. However, this factor is not dispositive (Matter of Ifrah v Utschig, supra; Crilly v Karl, supra; Matter of Millennium Custom Homes, Inc. v Young, supra). In addition, the ZBA's finding that the requested variances are substantial is neither illegal, arbitrary nor an abuse of discretion. The petitioners contend that the subject finding is arbitrary and capricious because the ZBA relied solely on the August 25, 2009 memorandum from the Planning Department in making its decision, and that the subject memorandum did not take the fact that a majority of the lots in the subject neighborhood are nonconforming into account. There is some support for the petitioners' contention that the circumstances in the neighborhood should be considered in determining whether a requested variance is substantial (Niceforo v Zoning Bd. ofAppeals of the Town of Huntington, 147 AD2d 483, 537 NYS2d 579 [2d Dept 1989], appeal denied 74 NY2d 612, 546 NYS2d 556 [1989]). However, the Court finds that the record contains substantial evidence to support the ZBA's findings on this issue. Here, the record establishes that the ZBA did not properly apply Town Law 267-b (3) (b) in considering the petitioners' application for the subject area variances. Among other things, the ZBA's V decision does not indicate that it considered the benefit to the petitioners, does not contain an %.- Traendly v Zoning Board of the Town of Southold Index No. 10-32675 Page No. 9 Vexplanation why it did not follow is decision in Morris, and is conclusory in its findings regarding many of the factors that it is required to balance in making its determination on the requested variances. The Court finds that the ZBA's determination denying petitioners' application for the variances was arbitrary and capricious, was not supported by the substantial evidence, and did not have a rational basis (see Matter ofKabro Assoc., LLC v Town of Islip Zoning Bd. ofAppeals, 95 AD3d 1118, 944 NYS2d 277 [2d Dept 2012]; Cacsire v City of White Plains Zoning Bd. ofAppeals, supra;Matter of Haberman v Zoning Bd. ofAppeals of Town of E. Hampton, 85 AD3d 1170, 926 NYS2d 165 [2d Dept 2011]; Matter ofAlcantara v Zoning Bd. ofAppeals, Vil. of Ossining, 64 AD3d 774, 883 NYS2d 303 [2d Dept 2009]; Matter of Corigliano, v Zoning Bd. ofAppeals of City of New Rochelle, 18 AD3d 750, 795 NYS2d 722 [2d Dept 2005]). Accordingly the petition is granted and the decision of the respondent Zoning Board of Appeals of the Town of Southold is annulled and reversed. Settle judgment. R� � n � MAILING ADDRESS: PLANNING BOARD MEMBERS �OF sorry P.O. Box 1179 MARTIN H.SIDOR �o� 0/_ Southold, NY 11971 Chair 4 4 OFFICE LOCATION: WILLIAM J.CREMERS co Town Hall Annex KENNETH L.EDWARDS OQ 54375 State Route 25 GEORGE D.SOLOMON Q (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��'couHn Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair S;-Is Members of the Planning Board Date: August 25, 2009 Re: Request for lot area variance 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 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. I Office Location: X\F $t7(/jhol Mailing Address: �S Town Annex/First Floor,Capital One Bank # � 53095 Main Road 54375 Main Road(at Youngs Avenue) CIO P.O. Box 1179 '" 1 Southold, NY 11971 �O Southold, NY 1 197 1-0959 olyCOUNV. A http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 MEMO TO: Planning Board FROM: Gerard P. Goehringer, ZBA Chairman DATE: 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 Departmenfs 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 Stam ed Ma OF SURVEY Traendly, Henry 31.-14-11 & 6264 Article Lot sizes&width 1/3/07,12/13/90 Young &Young 31.-14-12 XXIII & 11/15/85 Section 200-124 Your comments are requested within 394aysi+this ter. � " ..:. If desired,the file is available for review of additional documentation. , Thank you. l Ends. r . HENRY H TRAENDLY DEC 9 '1.00II BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 :.____. ._-------- 631779 3167 December 09. 2009 To: Zoning Board of Appeals ["ZBA"] - Southold ZBA # ____� Subject: Our attached Area Variance Application for parcel— S C T M # 1000 3114 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 Act 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 document originally submitted August 1], 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. T Respectfully Submitted Henry 1-1-Tr dly &Ba, m A Cadwallader FORM NO. 3 LB� D NOTICE OF DISAPPROVA APPEALS AMENDED & RENEWED: Ju y 18,2008 AMENDE • 08 TO: Group International Associates (Traendly) REQ SOVE�D 3 Tall Tree Circle Jamesport,NY 11947 ��ttauc of �ooa Please take notice that your application dated January 7, 2008 tv �A�1o�APPEALS For permit for demolition of an existingarae and construction -mat Location of property: 13000 Main Road, East Marion County Tax Map No. 1000- Section 31 Block 14 Lot 11 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7,087 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124 which states that non-conforming lots, measuring between less than 20,000 square feet in total size require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet and a minimum front Yard setback of 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 subject lot has merged with an adjacent lot to the northeast (SCTM# 1000-31- 14-12) pursuant to Article 11 Section 280-10,which states; "Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance.Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." This Notice of Disapproval was based on a survey by Louis G. Schwartz dated 11/28/07 and amended based on an undated survev. dated 7/15/8 and on 7/25/8 to address merger. Z/-\ 7/ N orized S gnature Note to Applicant: Any change or deviation to the above referenced application, may require xUNOEMIaTfP LVIDI 22.1 21AAIG TOWN OF =THOLO SLI LOONTY 9 SI OL4 G Q tib K _ t N�. 2sMG .p xm ra.:s>ff trLo w 'p'� wean SEE SEG N0.022 ,1x[ MATCH_ _ n. LTA n. .. r JE wa SPu2� LTA 5 l4.]MU mum v SIFFM yiA .., '�' SECTION NO > TOrx x saixu0 '>• n RE LSAUJ a 6Nct a 0//t//� L L ` 1V 1i x r PO' i ")PERTY MA° 33 r R RSA JMG \ >J J 4 S 6 20 n } IAAIG 2 ,:< JaJ L6AW a J Z9 Maw 1 tT Le t9 xNs•r1etN � 1 2 �I yqi J s y e 12 tJ 4+fit xp 2.SA O iiA Llu fA ° 14 cy (d aMct 14 10.1 yJ 2,3A eAµd a 42 11 4s y i t�6 vM1iwt M1 i22A Ap [wM1h'[U/. to A x nx mo 12 ix1 J.l°A f1tT Nuav � y} O( J° GxEIERv 1.lMJ J TOWN OF Ea,TNOLO i yA 0� Js i✓N4FM4LP LWOi i J• MARION LAKE 4 ,i JJ I i 19AA1c1 R �LvQ JJ 0 d O' t1a.J ,p�J �2 y '.4 +O le S tib MSEPT A �O. SCMf T•100' MARION LAKE ' uixcxi TOWN OF=TN O i 1% N 331.M 6 L40 16 9 6 O' � "."rt��z NOTICE COUNTY OF SUFFOLK © E "` 'a"a SDUTHDLD SECTION NO Y1NTp4NOy AliERA,Mi=01.[H, Red Property Tax Service Agency r 031 gSTRbIInN a ANT mo ou MLLME.OF n Canty Center ffim0 eml,N Y Will ROT"C l TAY Wv 6 WOI D FEET: M x,x _. mxovr wxrEN rFxsrss6N rc TK e P on ev on�.xx RTACT M, 1000 PROPERTY MM APPLICATION TO THE SOUTHOLD TOWN BOA# OF APPEALS Fee:$ Filed By: For Office Use Only Date Assigned/Assignment N Offlce Notes: Parcel House No.13/0n Street_ ZL4ea<j ^n ^^ R • -.-,i Ha�xtlet �y per( J SCTM 1000 Section .3(—Block 1' Lot(s)_ // Lot Size 'f p�r� Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: �TRr.leJae.l 0l5 �c, ,Q �, TJI y a s, a v�a8 Applicant/Owner(s): � Mailing Address:- 1 C Sc� �- Tawe p„f� Telephone:!] 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: for( ) Owner, or ( ) Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to,from the above names: D Applicaut/Owner(s) 0 Authorized Representative 0 Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: I / n ❑Building Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction b6ther: Sidz 4vnd {cvi f/¢ rJ SPI Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article—X)(T_ Z` Section 280- a p V Subsection � a Type of�ppeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0Interpretation of the Town Code,Article 0 Reversal or Other Section A prior appeal H has 0 has not been made with respect to this property UNDER Appeal No. Year Oo . (Please be sure to research before completing this question or call our office to assist you.). Name of Applicant: 0 CTM# ZBA File# REASONS FOR APPEAL(additional sheets may be used with Prenarer's sienature) AREA VARIANCE REASONS: 1��'� ^^ a'oc:o (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 (oleasefurnish coop) 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 QUES' D PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure consult ur au 5' o ppell tor uthorized Agent Sworn to before me this gfh nt must mit writ[ Auth 'nation from Owner) da of D@f. ,20 O3 No Public Sarah Manarel .. Notal'Pu*Slate of NY No.mMaeo",Co"a,Suff& CormrssbnErpiresFebruary C29Y HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEWYORK, 11947 To Southold Town Zoning Board of Appeal - ZBA # 12/04/08 AREA VARIANCES REASONS. (additional sheets) -for Subject property SCM 1000 3114 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 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, 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. 0 0 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 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 [Updated December 04,20081 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 3114 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] A& 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 garagetboat 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. 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 [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 minimum.t. 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 [BHT &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. 0 0 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 hearing on our application on May 29`h of 2008. The ZBA was helpful and provided direction as well as identification of their 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 amount of relief we needed. On Friday afternoon July 18, 2008 at 3:25 PM a Ms. Vicky Toth of the Southold building department 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 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. On the morning of July 24, 2008 I 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, 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-off properties 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 superseding 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 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 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. 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 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 gram 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 nori-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 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 from 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 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 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 property and I believe this to be a fact but,our ownership is apparently not coupled with anytime-honored property rights, only liabilities. We are concerned that we may be called upon to defend our legal ownership of the subject lot from 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, 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 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 y Southold Town Board of Appeals .:MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.1„ N.Y. 11971 TELEPHONE Isla)765.1909 ACTION OF THE ZONING BOARD OF APPEALS - APpdiY. No '3598 ' Application- Dated Sanuary. 5;., 1987 TO:: Mr: and Mrs. .l)a n ie} McKas'fy - [Appellant(s)] ;368 Station .Road Sellporty-NY `11713 At at Meeting:'of tlte'ZOning Board.of Appeals.held.on 'March. 5; -1,987, the. above appeal was considered, and the action indicated below was taken on your 1. crc � ; �] Rk*UeSt for ,Variance Due to Lack of;.Access to Property Naw York-Town Law, ".Section 280-a ,ldtequ.est for Special Exception under th r> e.Zoning'.Ordinance y Article ...:. . , Section ., Request forVariance to the Zoning Ordinance - �,.,;, 1lrticle XI. , -Section .100-179.2(6) Request' for rA1 Appllcat'ion'o DANIEL AND IRENE McKAS TY. Variance to construct _swimmingpoul with fence enc osure an . ca ana within 75 feet of existing bulkhead along_ tidaT,Water, requiring a Variance to the Zoning Ordinance, Article XI, :5ectlort }.00-1.19.2. - :Location* of Property: 13220 Main Road, , East Marion, NY; , Cfiunty Tax .Map Parcel Na, 1000-31-14-12. WHE.REAS,`a public;hearing was held and concluded on February 5, 1987 in the Matter of;the App]ication of DANTEn AND IRENE McKASTY `under A.,ppeal No:'359_8.1.i.and - .. WHEREAS, ,at s�ai;d _hearing, no one .appeared or spoke concerning this application; and WHEREAS, the board has carefully considered all documentation testimony and submitted concerning this application and WHEREAS,' the #oard members have personally viewed and are famili.ar'wi.th the .premises in question, i.ts .gresent zoning, and tu he srrounding areas.; and - WHEREAS, the board made the following findings of ,l!'a T. :'By this aiiplication, .appellants: request a.Varlance from the Provisions of rti;cle ,X1, Section 100-719.2(6) to construct a 20.:. by 40t ingrOdnd swimningpool, decks,.c•abana, and fence enclosure', all with a setback. of approzimately' 30 feet from the_ existing,wood bulkheadalong the southerly section of the premises and approgimately ,40 feet from the existing wood bulk- head along the_ easter-Ty section of the premises. 2. .The premises in question is located along the south side of the_ Main Road, Frast Marion, more particularly identified on the Suffolk County Tax Maps. as District 1000, Section 31 , Block 14, Lat _12, and contains a total upland area of approximately 41 140 le ff, with frontage along both Orient Harbor and Dam Pond' Inlet. � _ - ICONTINUED 'ON 'PAGE ?WO) ` DATED: March.5,. 1387. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD Form ZB4OF APPEALS (rev.. 12��81) Page 2 - Appeal. No., 3598 • • Matter of DANIELANO IRENE McKASTY ` Decision Ren eyed arch 5, 1987 - 3. The sub,ieCt premises is located in the "A-40" Residential -and Agricultural Zoning Di.strict and 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, 701 feet from the west'.side property line, 11.0± feet from the east side property line, all as depicted on survey sketch submitted With the application. 4. ' The 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 w#,uld enhance the property. No additional . testimony or reasohs were furnished at the hearing. . - - 5. It is the unanimousagreement of the board members that the area Chosen for the new construction proposed herein isnot the most feasible under the circumstances. There Is. alternative locations for this attached deck, pool.and fence. enclosure landwarC'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 circumstances are substantial in relation to the requirements and isnot the minimal necessary as applied. . 6. For the record it is noted that a newBuilding-Permit 913966Z issued March 22, 1985 for a new dwelling and enlarged garage, In the frontyard is pending. The. last inspection noted .in the record was 12/23/85 approving the insulation in the new dwelling, As of today, a Certificate of Occupancy for this construction. has not. been issued. In .considering this appeal , the board also finds and ?'. determines; (a) the relief requested is substantial in re)a.-„ tion to the requirements-, .being. a variance of 60%; (b) the, . reliefrequested i$ notthe minimal necessary; (c) the difficulties cjai m4d are not sufficient to warrant the grant- ing of the variance as applied; (d) there are other methods feasible for appellants to pursue, other than a variance;- a , •. (e) the circumstances of the property are unique, particularly. to low elevations above mean sea level varying between 5.0. - - - - feet to. 7".1 feet, andits frontage along two sides with- Orient': : _Harbor and,. Dam Pond Inlet;_ (f) the _g ranting of this variance is not withinthe e spirit of the zoning ordinance and criteria .'set by the tourts; J (g) the difficulties claimed are. self- imposed, .particularly due to the minimal setbacks established : under. the._BuildingrPermit pending at this time; - (h) in. - - view of the manner in which the difficulties arose and considering all the. above factors, the interests of Justice would be served by denying- the variance as applied; - - Accordingly., onmotion by Mr:. Douglass,_ seconded by Mr., Ooeh-rfnger, i t was- RESOLVED; that the relief requested under Appeal No. 3598 :. in theMatterof the Application of DANIEL AND IRENE McKASTY.._.. .- BE. AND 'HEREBY 'IS DtN%ED in its entire_ y. Vote of-.the. Board., Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass ' (Member Sawicki was absent.) This resolu- - Lion was d.uly_-adop)ed. lk GERARD P. G ` , _ .. _. . March 18;. 1987,' r - 25 � lk Is POp • JtLyY,t '`tom /M; s � t .r �A,` I r P 04- 8 0 OPS AD SURVEY FOR -Y DEPARTMENT OF HEALTH SERvICFs FRANK GILLESPIE! - :)YAL OF CONSTRUCTION. ONLY AT EAST MARION DATE: MAIL 10.19" TOWN OF'SOUTNOLD SCALE, 1'A10' es REF. No. SUFFOLK-COUNTY,NEW YORK NO. 82.120 IS IMIAYM 'f9* 4LTt14T10M 011 AOAITIOM M MIA AtIMVEY M A VIOLATpN Of KCT10M fEM a THE MEM TOUR STATE IOKATIOM UV �pSE OF NEW ;. MODHfA�TM1t MAIYIY MOT'ADMAN THIS LAND S IO _ 1gT K NM°ALOE°AW TO WE VALID nut C.'u i�paD W L M W WAMTKE AIOICATEM]SENIOR MALL MUM OILY AJ j0 OG i F-DATA FOR APPROMLL TO GYNy1kUl'T M.RAAOR PoM MMOM TME AUAVEY 1A FMFfAMEO '� i... 1 —a!!: A 9F VF,ir:rl nMwic pu®41e h uL(AAecRr wuf iiVo�rulnooR'u+2o 1 i�:. APPEALS BOARD MEMBERS " WF014,o Gerard P.Goehnnger,Chairman - Southold 7bwn Hall Serge Doyen - C3 53095 Main Road James Dlszio,Jr. u- ,* P.O.Box 1179 -G r. SoadxRA,New York 11971 Robert A.Villa Lydia A.Thrtora - pl, �,a0�' Pax(516)765-1823 _ lblephone(516)765-1809 - BOARD OF APPEALS TOWN OF SOUTHOLD Appl. -#4421 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 1111919G APPLICANT: HENRY TRAENDLY LOCATION OF PRU,pERTY: 13220. Main Road, East Marion COUNTY TAX-MAP-DISTRICT 1000; .SECTION 31, -BLOCK 14, LOT 12. BASIS .OF ACTION:- "July 12, 1996 Notice of Disapproval by the Building Inspector; Article XXIII, Section 100-231 of the Zoning Code . for approval of four ft, high fence on top Of a four ft. high berm, as' exists,.located In the front yard of this residential zone.. FINDINGS: Berm and fence height .visibly appears to be up to almost 12 ft. - height, rather than the 8 ft, total height requested in .the ' application. (Agent for representation has not confirmed exact height for the record, by transit or other tools). The applicant has an oval or circular type :driveway and.this combination structure extends within the landscaped area along Route 25, from the edges of the existing driveway • (within temporary easement -areas shown on. the .sketched - portion of survey.). For further information, . please see hearing transcript for all statements made. - . - MOTION MADE BY:. L. Tortora, SECONDED BY: R. Villa ACTION/RESOLUTION ADOPTED: - DENIED heighttotal at 8 ft., and ALTERNATIVELY GRANTED Approval of total height at up to six feet for combination berm and fence, from natural ground measured at he ova( curve -t same .ground height of center line of Route 25, and not extending past application. Of exiting driveway, shown on map submitted with, this REASONS: The Code provides for a maximum height of four feet in or along a front yard;: The relief-requested is substantial.. at 100 percent, being four feet or mom greater than the_code requirement. The relief requested has been self-created by property owner(s) over the peat few Years. VOTE OF T1iG BOARD: Lydia_. A. Ayes:. James Dinizio, Jr., Robert A. Villa, - Tortora, Gerard P: - Goebringer. This. resolution was - Member Doyen of Fishers Island was absent,. RECEMff" S Oft.6e& ce involved. THE SOU--HOLD T0iF?N CUIRK DATT�i �'_'e✓5w/f� HOUR, yV;�s /GE pEHRI GER, CHAIRl1 N s ")"-'Town iD::n or SDuihk,id `§� A t ee 0 NOTE: IMPROVEMENTS WITHW TEMPORARY EASEMENT ARE NOT3HOWN HEREON SURVEY FENT - HENRY TRAENDLY AT EAST MARION DATE: DEL513,1990 TOWN OF SOUTHgLD SCALE- I'.40' SUFFOLK COUNTY, NEW TONK - Ha 9O-Om - - YWNVTM011R[0 WMAT10MO11MDIT10N A 1XIi AW."M M YMM1,Ig1'orsomJN RGY M TML xn TgIRarAT[[RICAr1w1 ur �'TL.OF NEN,r ' Mcorlw a Txn rwver xeT EwREN TNAaue pwvMgNs 1MRo L[K 6R euNaaw wAi WMLL 0 W O MW[ soxsmL�Rmianowe OYE,N HEALTH OEWKTMENT-DAri FOR APPgON,L MM CTRUCT Too feAwll raNrxaN we WMYLr FwFARW i s AMON wa MLwua Ib ww I IO MNMY L'Mc- i OT 1_4c="aY1W[I1:Iw w�R1wL IC. Mi(KT LLMOLn wsrnu[Igi Lime NMa Ea in�r .wcrlw A>v_sum ill.YOT 01i a,AwwR 'Aw1wa[or.1 low. MDILw az NN Or0.1Mwi wTWM 100 FLH OF TNY MOIERir Ynr1i1?Iwt wM1111Lw YIL Wr 1%ZWw[ wMLR 1CTIMIw'FXpw1 Mwlw1. TO AwIRONAL MtllwfwNi M wiw0YEN1 ATN[MYlt 1YlMY W FLrw wMiY trflwl ARw T.WwMw OF T1R 1 O co M oLL0[MZ 01 bERwANe[i flbyN NE Fowl wb[NrrOOVTN Uxw VILLLVMFOwI LVARCpwiY pMRINLN! .1%,Wi MTRVMon YIL FOR A#[CIFl< ' WLNLOr.LwYlwi. NII1me AMO AN[NOT TO w Ikw 1M FLT... INFOYY A1MLf ON WM T1[[N[CrION OF loo 6 L,EO ANDRE. R`' YOIRAMPER UNG S YOUNG �RRIIEAD,REV YOR E FMMV16xf FOVNO - ALDEN W.YOUNG,WIOFEWIGNAL ENGINEER.AND LAND SURVEYOR MASUCENSE MA2845 ' R1K lnmglsv6RVJ,fLpPCTAMgsNM®IbaublwgLR lBwuv HOWARO W.YOUNG,LAND SUNVEYOR MLL1101LIILlD. rmNL MOOR MR Me.. IIN11011ILTF MY.S.LICENSEN0./5R93 Pum«1m wim - .. APPEALS BOARD MEMBER �o��pf SO P. Ujyo� Mailing Address: Gerard Goehringer, Chairman Southold Town Hall Ruth D.Oliva * 53095 Main Road•P.O. Box 1 179 James Dinizio,Jr. G Q Southold,NY H971-(1959 Michael A.Simon0 �O Office Location: Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman yC� 54375 Main Road(at Youngs Avenue) Southold,NY 1 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 VIVEC ci ao FE9 ^ ;;y FINDINGS, DELIBERATIONS AND DETERMINA ip D MEETING OF JANUARY 22, 2009 14 SOathold Town Clerk ZBA File #6207 Names of.APplicant: HENRY TRAENDLY Location of Property: 13000 MAIN ROAD, EAST MARION CTM 1000-31-14-11 1 SEORA 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 FAC TS/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 cgntains 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. 4. 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 under 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 t?r Page 2—January 22,2009 ZBA#0207_ enry Traendly CTM 31-14-1i. 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 more 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 evidence 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 abilyance until the waiver to unmerge has been decided. Uniqueness of Application to unmerge CTM 11: During the hearing, the applicant;iestified that he transferred title in 2005 to CTM 12, an improved lot. CTM 2 is 44,174 square feet (1.01 acres), there was no attempt to create a lot line cange 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 Southold 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: c Page 3—January 22,2009 ZBA#6207 Henry Traendly CTM 31-14.11 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. • Tak( 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. • Tax;Lot 1000-31-14-13 is .51 of an acre, improved with a home. F • 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. • T4,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 Traendly 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 ok 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 t� a 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). R TH D. OLIVA, VICE CHAIRWOMAN Approved for Filing 2/ q /2009 1r {. Owl >I��vI ' +frxirtlyHth�vr' 4�•t ?Ik�tYiys7 .,•. v,N 4,4.1. ' dT �Sr 'f r r9vf� sT1"yoiy, l ; .4' V. t1 ' 2 oti t 1 p•\�• I ,D0 E'Z00 t 1 f G ' •r 1" r yA1 1yj' v •'` SOP DEt D 1p=\� o r...f ` �• W\ Q Yt ♦�}. O. _ F 1 1ozj0 x \x 1- ♦ ♦J _^v ry41 ;Yjl7)•'p f,l `q L�� �\yR', ♦♦♦ ♦rj. ()(;�'�. 03'01 4 ,;, : t /,•,G a�yOUv `•♦ `fit ''♦ , ',. ,; ,\�` /�') 1 I"I}A` °a I,N rr; ; "1 ♦♦` Mph ♦x 1< SM �jr �, Dh�`0 t ` `♦ b `P .Xr pp y' 4+ ♦♦. v/ 1 i �A �x1, � w�f id t,', Ili d'�a4tx. �•� ` f Opo ♦♦tf�. V I ,e Vkr t °a"�4yi���'�''-I f,�„.>J�:�L l'4 K}��'S�}� � �}y, + yj f!. ,A00 ��♦ � •'�P )' �ti y� Y c i ri fj4?.�i(xl ,,,�A V F � i.. ♦♦ � /7} � � ' 0 r 1: t _ + N }:d`b ^, r ,✓i f.' IA!''� " : j. ag x ^A Ott w} L,;,, ,! 7,yG T\ ,+ /, �D <�� aye�/ ✓ �O`' yo P �pGr ' SURVEY FOR IRENE MCKASTY NOV. 1511985 AT EAST MARION OATS+ NOV. 21 r 1984 TOWN OF SOUTHOLD SCALE 1 .40' SUFFOLK COUNTY, NEW YORK NO, e4 • 1162 M uINu T110RTEco ALTERATION OR ADDITION TO THIS .GUARANTEED TOt SURVEY 0 A VIOLATION 0P SECTION 7105 OF THE NEW TORR STATE EDUCATION LAW UNION SAY HANK Ve NCOaIa d THIS SURVEY NOT KARIN$ THE LAND TPS A¢$TWAGT-co r WR VETOR'S i HIRED SEAL OR EMBOSSED MAL {HALL O NOT K CONSIOCKO TO K A VALID TRUE COPY (T 5 1 T2l8b'Tf" r M WARANTCLS INDICA TCO HeRegN SN ALL RUN oNLV TO ll �0 'r HEALTH DEPARTMENT-DATA FOR APPROWL TO CONSTRUCT THE PERSON FOR WHOM THE SURVEY IE PREPARED +' P c A140 ON NO BEHALF TO THE TITLE COMPANY,EOVNN- { N MEARaT WXff �tjet.. N10LNCE Or 4TER1 HIIVCTE PUBLIC.� MENTAL AGENCY AND LENOWE INSTITUTION LISTED X ow?CO.TAX.W1 wymioccriou Oft Ol omit a LOT-Iii- WrAtow,ANO TO THE ASSISNKA OP THE LENDING � N THERE. ARE NO DWELLINGS WITHIN 100 FEET OF THIS PXOPCRTT INSTITUTION. SUARANTEO ARE NOT TRANSFERABLE OTNEII ?NAM THOSE SNOW" HOIcON. TO AW1`ONAL INSTITUTIONS OR SUSKOuENT ,�, N THE WATER SUPPLY AMC SCWAGE DISPOSAL SYSTEM FON THIS Rai OCMCc N OWNER ER5 LB /GOWN N(R(ON FROM PROPERTY UNCS V WILL CONFORM .To THE STAN 0f"S OF THE SUFFID" COUNTY DEPARTMENT aD ISIA CE SHOWN URC{ ME FOR A ortary or HEALTH WNIC[S. - AALICAMT' PURPOSE AND ARE NOT TO K USED TO ESTABLISH O 1400 {0 L PROPERTY LINES ON FOR THC ERECTION K FENCES ADDRESS TE161. 4Q0 03TRANDER AVENUE YNb �,P STAKE YOUNG a YOUNG RIVERHEAD, NEW YORK � Mf YONi1MBNG/D , - �'' WILOIw41BwAeKA►IBATEeCONDITION ALDEN W.YOUNG,PROFESSIONAL ENGINEER ARW9114co.44,B441r - ANO LAND SURVEYOR N.Y.S.LICENSE NO.12845 IE Tlwe/laI All{IIEPWNCteTOMEAN SEA LEVEEp4THOWARD W.YOUNG LAND SURVEYOR N.Y•S.LICENSE NO.45895 N{MMTIOwt Alb OR MTA OBTYwEO fROM OTNEX S - ' .r.: r�. �Ftr,«»N.rjj."�'H►a.P!: '�', :n :" m r:.,,.,�. ' - 4t.a:xa?7rtLM+VY.�•:.t: .4- 25 'E 1o0A k. v Opo { _ W \ MP3 \0g sir° \!` k. Dr A � / O� o off. ,• ,� - f 000 • o fI Jti o ' .v. �b e� '4.\ yd ti •apo _ Pp ,'NYT� .. 000 S .• 9'Ph 0. r' a�°#,� RPO V 1 a 0 NOTE °+ IMPROVEMENTS WITHIN TEMPORARY EASEMENT ARE NOT'SHOWN HEREON. SURVEY FOR HENRY TRAENDLY AT EAST MARION DATE DEC.13,1990 TOWN OF SOUTHO&D SCALE: 1" 140' SUFFOLK COUNTY, NEW YORK 140. 90-0905 *UHMUSROOHZED ALTfAA7{OM ORAOINT10N TO THIS SURVEY4 A WOL��iT�Ipp�� ppF►SECTIft 7206 OF THE NEW YO,IIX fTAYE EDUCATION LAW *COPIES OF THIS SURVEY NOT WOWS THE LANDS''�t CF atr SURVE: iW4 INTI O SEAL OR EMfOSfED SEAL !MALI S A NOT EE C NSIO 10 TO N V 0 TRUE COPY !� W, O HEALTH DEPARTMENT *OMARAT[OOM1RL m -DATA FOR APPROVAL TO CONSTRUCTTHE F9 l � THE SURVEY IS PREPAREO O AND OR HSS $[HALF TO THE TITLE COMPANY GOVEIIN- * NEAREST W LIMN MI.S *SOURCE OF WATERT PRIWLTC ►WLIC_ MiNTAL AO[NI:Y Ayp LEMONS INSTITUTI,Ow LISTED Zi M SUFF CO. TAX NAP RfTTl➢O-SEC TION 93LSL$C11 DIA LOT - H6T[ON,AND To TN[ "we" OF TTH1IF1A NLENDING "THERE ARE NO DWELLINGS WITHIN 100 FEET OF THIS PROPERTY TITUTION. GUARANTEd AR[ HOT DU `RAGLE OTHER THAN iNOi[ $MOWN HINSON• TO AOOITIONIL INSTITUTIONS ON SUSSEDt1ENt N THE WATER SUPPLY AMC$EWA*[ DISPOSAL SYSTEM FOR THIS AM,DENCE OWNERS WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT *DISTANCES SHOWN HEREON FROM P4600RTv LINES OF HEALTH SVWICES. TOERIfTNIf STNU;c TURES ARE FOR A SPECIFIC 45 4 APPLICANT, PURPOSE AMC ARE NOT TO.EE USED TO tsuo If II PROPERTY LINES OR FOR THE ERECTION OF FENCES ADDRESS - - WAND SUI'' TELYOUNG 8 YOUNG RIV£RHEAD, NEW YORK 4000STRANDER AVENUE •.MONUMENT FOUND ALDEN W.YOUNG,PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S.LICENSE NO.12845 *THE LOCATION ON WCLL(W),SEPTIC TANX(STIS CESSPOOLS(CP)SHOWN HEREON 'HOWARD W.YOUNG, LAND SURVEYOR ARE FROM FIELD OBSERVATIONS AND ON DATA OOTAINEO FROM OTHERS N.Y.S.LICENSE NO.45893 TELEDYNE POST NOV79 S,C.T.M. NO. DISTRICT: 1000 ' SECTION: 31 BLOCK: 14 LOT(S): it v4- EDGE OF AVEMENT / MAIN ROAD ` yl atr� a sn `e 41 LOT COVERAGE PROPOSED N.Y.S. ROUTS 25 HOUSE AND PORCH 1284 S.F. OR 187 2° DECK 342 S.F. OR 57 CODE OF PAVEME LOT COVERAGE EXISTING 1 GARAGE 412 S.F. OR 67 o Ow[u N45 O'00"E • w _ o 5.00' n ed 7.4 a °•° 256.21' .d WELL \ Z / I , WILL 01 sQ / 0 WELL 1\ N / 2.0' C PROPOSED / LAND N/F 2 STY. FRM, to DWELLING OF LAND N/F L.+ W/CRAWL / / NORMA MILLER OF w Al(10.I) / EDWARD BURTON � a1WN.f7d1 PROPOSED / S'Ns, W00 / POR cm ' TO BE DEMOLISHED ) /LAND N/F ti GF RMSD S OF 1 PROPOSED � HENRY TRAENDLY FREE STANDING 6 7A WOOD DECK N 05 a r 15v AIN , .oma. 1I 51 - R7.1 p, oWL MI NO WELLS o•?� ARE VISIBLE IN THIS AREA EL 7.7 O V Ie EL 0 ' �EE O G 1 O O f0 \ ELEV. 7.4 u%• D rnoUNcLK NTAD CL LOAM EL Le El CL N \ WDEx A jHPD R 4.7 \ COARSE 7 SAND & 5.0' \ GRAVEL r r r r r r — WATER EL 1.2r6,0Q. WATER 1 µ `M r r r r r rdA� r r r r1Oµ6 ,,/��l COARSEr r r r r riys� r r r µ6 qf kms` SAND 10' Q,pg� .� 10 / & \ err r .� r -ti�ygYY� rr GRAVEL FJRM ZONE AE (EL 9) Ogl r r (PANEL 64) JAN. 03, 2007 ,--� r TN£ TER SUPPLY, WELLS AND CESSPOOL ADD LOT COVERAGE MAY 20, 2007 r r r r J.00A pm SHOWN ARE FROM FIELD OBS£R VA 77ONS AND OR DATA OBTAINED FROM OTHERS. AREA: 7,087.05 SQ.FT. OR 0.18 ACRES r ;=7 r r ELEVATION DATUM.• U.S.C.G. UNAUTHORIZED ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 77TLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN 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 IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY' SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: BRYAN VILLANTI; MAP OF: FILED: SITUATED AT: ORIENT TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L,S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design 4'..XMr (! P.O. Boz 9, 1(attituck. New York, 11952 FILE N 26-131SCALE: 1"=30' DATE: JAN 3 2007 PHONE (691) M-1388 FAX (681) 898-1588 , ''� N. Y. S. LIC N0. 50227 maintaining the records of Robert J. Renew Page 2—Agenda January 22, 2009 Special Meeting Southold Town Zoning Board of Appeals foundation after house is elevated and aro osenlargement p p ed to connect the relocated,house to the existing garage. The property has zero buildable land, being on the sea side of the Coastal Erosion Hazard Line. The Building Inspector's reasons for disapproving the building permit application are that the proposed construction will be: (1) less than 40 feet on a front yard; (2) less than 15 feet for a single side yard setback, (3) less than 35 feet total side yard setbacks, and (3) lot coverage exceeds the code limitation of 20% (100% lot coverage for zero buildable land area). Location of Property: 1625 North Sea Drive, Southold; CTM 1000-54-4-18 (adjacent to dunes and Long Island Sound). PHs 1/8/09: ANTHONY and BARBARA BONAGURA#6081. Request for a Special Exception under Zoning Code Section 280-13B for approval of an as-built Accessory Apartment with owner-occupancy in a single-family dwelling as enlarged with recent additions, at 900 Holbrook Lane,Mattituck; CTM 113-6-11. 2000 BROADWATERS LLC# 6186. Request for a Variance under Section 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (after demo), at 2000 Broadwaters Road, Cutchogue; CTM 104-9-12. JENNIFER JACOBS and CLAYTON GATES #6206. Request for Variances concerning this 12,760 square foot parcel under Section 280-124, based on the Building Inspector's July 24, 2008 Notice of Disapproval concerning a proposed second-story addition and alterations to the existing dwelling, with a setback of less than the code-required 10 ft. minimum single side setback and less than 35 ft. minimum rear yard setback, at 645 Jackson Street, New Suffolk; CTM 1000-117-9-5.2. HENRY TRAENDLY and BARBARA CADWALLADER # 6207. 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 25, 2008, the applicant is requesting a Waiver of Merger 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 first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." THOMAS G. and JOYCE I. MESSINA# 6223. Request for Variances under Section 280- 116A(1), based on the Building Inspector's September 2, 2008 Notice of Disapproval concerning a proposed accessory swimming pool and spa at less than 100 feet from the top of the bank or bluff on a lot adjacent to the Long Island Sound and with lot HENRY H TRAENDLY BARBARA A CADWALLA DER PO BOX 1589 JAMESPORT NEW YORK, 11947 January 02, 2009 To: Planning Board — Southold Town Subject: Cover letter for our Application for Re-Subdivision [Lot Line Modification] —for our property S C T M # 1000 3114 11 ["Subject Lot"] & Adjoining Previously Sold property 1000 3114 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 for same. Respectfully Subrpi ed f/ JAN - 2 2009 Henry Traendly & 1arb a A Cadwallader --- • • �OSsaffk'CO MAILING ADDRESS: PLANNING BOARD MEMBERS �.Z.� Gy P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair H OFFICE LOCATION: x RICHARD CAGGIANO Town Hall Annex WILLIAM L.EDWARDS y��l `1aO� 54375 State Route 25 KENNET (cor.Main Rd. &Youngs Ave.) MARTIN H. SIDOR Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD JAN - 2 2009 t Application for Re-Subdivision/Lot Line --_ Modification APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name ]J-k 1_o-r cree 4ec1 b.1 Sago _q L0F Reuxjn;4;&JR6 2. Suffolk County Tax Map # I Ooo - 3 1 - 14 -11 c� pdi o• 12 (owned h y 3. HamletIJ i flrne>a i fiA�; E- M A?j 0A 4. Street Location 130420 (LSC• ?! 6. M AfLi oiJ� -f 1 1 q 39 5. Acreage of Site • ,o 6. Zoning District q0 T Date of Submission q alJO 8. Please provide the names, addresses and phone numbers for the following people: Applicant: �En12J 4- -i PAenJ(q `7/� 0(p -'i' T(ogv 0khflP-n -F}, CAdw'AIIA86r rO r3 ox IS-El (931 . 77 Agent: i • Property Owner(s): 4 !1!V -4• l Ae 0 c(iv �{ RR AEfl A (2m,"A //As2(er Surveyor: -klo in A e t N (Y) . Wo J C h, (VlAf++ucX Ny Engineer: 11 r W i 5 h wil(t 1 7/ -ride ro rje.- t✓ na� AT. pore n/�► ?o (o Attorney: O rj L 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. Sc E -A'rT Ac hued PH L e nriom CA) 10. DOES THE PROPOSED MODIFICATION: Affect the street layout in the original subdivision? dD Affect any area reserved for public use? aO Diminish the size of any lot? (J 0 Create an additional building lot? Create a nonconforming lot? Require a variance from the Zoning Board of Appeals? Impact the future planning of the subject properties? �1 Jo 11. Application completed by [owner [ ] agent [ ] other UPON SUBMITTING A COMPLETED APPLICATION,THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDIVISION REVIEW . IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER,THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANDARD LOT SIZES,LOT WIDTHS OR MAKE EXISTING STRUCUTRES NONCONFORMING WITH RESPECT TO SETBACKS,THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD APPROVAL WITHOUT FIRST OBTAINING F FROM THE ZONING BOARD OF APPEALS. ter. Signature of Preparer Date v4 aO� Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: "E�k4 .flex,2 it(2& �AAj, (1AcitP,_ got-✓b°`-y-AA- last name,firs name,middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. Ifso, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning Site Plan Other(Please name other activity) ll �l-OT Lin1E mediPica-Hoa I/ Do you personally(or through your company,spouse, sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee ore than 5%of the shares. Yes-.7 If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C. an officer,director,partner or employee of the applicant;or D. the actual applicant Description of Relationship: Submittedabo Signature Li" G, Print N A. QAJ ,A/WdPr HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 January 02, 2009 To: Planning Board — Southold Town Subject: ADDENDUM (A) to our Application for Re-Subdivision [Lot Line Modification] —for our property S C T M # 1000 3114 11 ["Subject Lot"] & Adjoining Previously Sold property 1000 3114 12 Ladies and Gentlemen of the Board and Planning Department Pleaser consider this as part of the applications Item #(9) PROPOSED LOT LINE CHANGES: The proposed lot line changes are intended to recognize the original and previously long standing lot lines for each of the historically distinct and separate lots, Subject lot 3114 11 and Adjoining lot 3114 12. HISTORY AND REASONS FOR PROPOSED CHANGES (1)The subject was originally created and recognized under Southold Town Code S 280- 9 A. (1)by virtue of a deed filed with the Suffolk County Clerks Office on January 04, 1947, which filing preceded the adoption of the original Southold Zoning Ordinance. At the time of the lots creation and for the succeeding 10 plus years it was both a recognized and conforming lot according to Bulk Schedule AA (1 A) The Lot remained recognized during the ensuing years and has been on local and County Tax Roles since its creation. The lot has appeared on all published Suffolk County Tax Maps since their inception on June 25 1973. On information and belief, the Southold Assessors Department has relied on these maps for real estate tax matters. The subject lots recognition as a separate and distinct lot has been relied upon by other Boards and Departments in Southold , Suffolk County and New York State, including the Building Department, Board of Trustees, Planning Board, LWRP, ZBA, the Suffolk County Department of Health and the NY Department of Environmental Conservation ["DEC"]. (2) On December 16, 1988 the adjoining lot [#12]was acquired solely by Henry Treandly. At that time lot# 12 was improved with a residence, C. of O.s and was recognized and conforming to Town Code. On information and belief, lot# 12 has remained as such to date, albeit it in the name of its new owners[M&V Niamonitakis] who acquired it on October 28, 2005. (3) On September 30, 1996 we purchased subject lot [#11]to ultimately build our retirement home on it. At the time of our acquisition the subject lot was and had been a single and separate recognized building lot, owned by the same family for almost 50 years since its creation. (4)On March 14, 1997 Barbara Cadwallader Traendly was added to the deed of the Adjoining lot [#12]. Said deed was duly filed and recorded. (5) On October 28, 2005, the adjacent lot [#12] was sold to unrelated parties [M&V Niamonitakas],the lots current owners. (6) On May 09, 2006 we obtained a Single and Separate["S&S"] Search Policy in order to research and began the Southold Towns building permit application process. In June of 2006 we approached the building Department to further familiarize ourselves with the towns procedures and we presented the May 2006 S&S. together with a hand drawn building foot print sketch on a copy of a survey. We subsequently applied to the Building Department for the required"Disapproval' as a first step. During the ensuing two plus year period we applied to the Building Department for the requisite Disapprovals and to various other boards as well. On each occasion an S&S was provided to the building Department. We ultimately received Permits from the Trustees [Attached] and an Exemption from the LWRP [attached]. We also made application to the ZBA. for setback variances and currently remain in the application process with them. (6)For almost 62 years the subject lot was treated and recognized as a lawfully recognized buildable lot by Township, County and NY State Taxing Authorities, Boards and Departments until July 25, 2008 when it was merged post facto with the already sold [October 28, 2005] adjacent Lot #12 We are currently seeking relief in the form of re-recognition of the original lot lines and waiver of the merger, from the ZBA, an�have filed applications for same. Respectfully Submitted O Henry H Traendly & Barbara A`Cadwallader Print- Maps Page 1 of 1 Bing Maps • • • My Notes �a FREE!Use Bing 411 to find movies, businesses &mores 000-BING•411 P © o a e • GO O © ooe o so . ¢s r A' 716 1 .4 t e 2dr _\ o © ooa a eq© o a Bird's eye view maps can't be printed, so another map view has been substituted. http://www.bing.com/maps/print.aspx?mkt=en-us&z=1&s=b&cp=gvnmfj 8z5df5&pt=pb 8/17/2009 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 Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 23.2008,and in consideration of application fee in the sum of$250.00 paid by Henry Traendly& 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. r I TERMS AND CONDITIONS The Permittee Henry H. Traendly&Barbara A. Cadwallader,residing at P.O.Box 1589, Jamesport,NY as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents,and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required,upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President soar Town Hall Jill M. Doherty,Vice-President ��� yO� 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G C Bob Ghosio,Jr. '�� i� Telephone(631)765-1892 IYCOUNK Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 23, 2008 Mr. Henry H. Traendly 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 Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 23, 2008 regarding the above matter: 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 the 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 that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 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 system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and 2 • WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 23, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed 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 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. 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, 0 JaJ0s F. King President, Board of Trustees JFK/eac James F. King, President ��OF so�To Town Hall Jill M. Doherty,Vice-President �� y� 53095 Route 25 Peggy A.Dickerson l�t P.O. Box 1179 G Southold, New York 11971-0959 Dave Bergen Bob Ghosio,Jr. �0 �� Telephone(631)765-1892 Ifcoug Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 25, 2008 Mr. Henry H. Traendly 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 Southold Town Board of Trustees reviewed the site plan prepared by Tide Runner Engineering & Design, last dated February 10, 2008, and received on February 19, 2008, and determined the proposed work of constructing a new dwelling and new sanitary system to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code, and in accordance with Permit # 6806 as issued on January 23, 2008. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. 2 This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Si cerely, James F. King, President Board of Trustees JFK:eac .aasw- ww•��isr�r,.yr � I4_„:".:x '1•. t- ,«ALIN, ko' Fee_ CfsatYlT M041 alpine{now MTa1111aaNr-.TMM MYTallaaawr a110YtD M WO/T 1AM/1tNts WtY�'. Z l I 11�'.As�z fuV 166 ��l J TMS RmEamE,nude the 7i/�j day Of December ,siinet«nhundredand eighty-five b'I i L7 1RE!2 - cK.. ;Y. residing 1- 1 r New York 1171? - at 358 Station Road, Bellport, re s JT"4S'/f� but b.v.•Aw tot::Ce t: lett, party of the fins pv;•aud ;Rr•JF+M1•-an-d- DAN?EL McKASTY,I�resi.di.ng at 368 Station /,'' Road, Be11_ort, New York, 11713 6:14 t... party of the second rar4 JAN t3 19Aq r Wrl"WIMM thai the party of the first pari,in consideration of Tear Malars and other valuable Paid b)11m party of the second part.dors hereby grant and idease onto the party el the second. a suad a isam load of the party of the seau d part htrever, _ ALL that eettsin a. r i' PI pax or tiarod o[land, with the buildiltgs and it:npovemenn thereof erected.situate, ly*Wirifgftsgbk at Orient , in the Town Of SOuthhold, County of Suffolk -. and State of New York, more particularly i:ounded and described as follows: trio 00 i)EC1NtdiNfi at a Point on the oatherly side of Main Road, N.y.S, #` Route 25 where the ,;ame is intersected by the Easterly side of Lane now or formerly of the i Liviouze Estate: 6etien 31,b0 P.IINtJi!!^ TIIENCE from said L• Of 'lain Road, N.Y.S. RouteOIStthe following co�rses ng the n'Outheance side .� �8ck 3 sz 4 J0 1) !'forth 45r 00 ()fill East 72.GD feet; t 21 North 511 1,3 ( ]" East J2ry.21 feet; Olt 000 RUNNING TIEMCE Southerly along the tie lane of Dam Pond Inlet the ` following. 2 courses and distances: U' 11 South %e ^$' pen iitt I . ) c'Outn 31° 4;'' 30"EEast2134u1210.04 e feet to Orient Harbor; 3 '• k fool lNrt '19f, v Westerly a)Ong the tie linr� )f Orient Harbor, the fol icwinr " <•ourse% and distances: 1) south 23, 50' ?f” Wee AAAA feet; ;K ?) `youth 46° 51 ' 35" West 150.43 feet to land nowor formerly of •1•, Arthur f iiou>e l:ntate; _ rat llNNi NG T9EN(`� idnrtl• 380 5D' 00" West 195.00 feet to the Southerly side of Mz n ROa;), •;•y ;; Rought 2S, the Point or place of BEGINNING. •' nein,all Iill tie all r,ght,mk and "mere.I- if any,of the]arty of the first part in and to any streets and roads all till de Iris dH•x c'eJ preutile,to the center lines thereof;TOGETHER with the appurienanc<s aryl all the estate -rad nfd'is of the part" of the first Part in allot to said premises; TO HAVE ANU TO 11 1.1)the Preon-wi udre,,n gfarcnlrmno the patty of the sacrad pari,the Rein Or sumessora end assigns of AND taw pupof d•e first Iart co"cna:ds that the Porty of the fiat part has not done or wR<rcd anything x-Iw•dJ,y lite uuW premise,luta re rn eetcfnifered in any way what.+ar,except as aforesaid. AND the Arty of tae that cart.141 c:xnplianc< with Section 13 d the lien [Jw,covenants that taw party of tae first part rill receive rhe cwnsideraGou for this tonvC1nu cc::d will hold the right to receive snch musid- tratinn a..a trust fund h.he alThe d first for the purpo of paying the cost of the imProvment and will apply the sane first w the f.asnnnt dIf the met of the improvewent"It using any para of the total of ftt<synw for any Other purpose. Tie xord"lam''shall le construed as if it read "parties" whenever the sense of this indenture w requires. V IN M_M WHEREOF,the Arty of the first Port has duly"re rcd this decd the day and year first above written. IM laaf[MR p►• Cl s Z -- r�`ed TOMt, {TATEgIMWtronc, aLL�e , � day-IAmber 192 ti , before me on the day ofW I9 , before meslly eattse IRENE IcKASTY personally tante known to be the iudiidual describd in and who to me known to be the iedividual deseri6ed in :nd who the foremtng :sstrtnnnn, and acknowledged that executed the foregoing instrument, std adIvtedged that she eaec;ned the same. executed the same. aTAn Of sw[r root.couMry OF su I STAN OF Ism raw.coo v OF W on the day of 19 before me I On the day of 19 , before me penonat'.y came persowlly came b me knownd-pou end,who,being be me duly sx-oro,did she subm!"bing witness m the foregoing instrumem, with my that he resides at No. whom I am tcrwwgy acquainted, who, being by rte duly sworn,did depose mid say that he resides ac No. that he is the Of that he knows .the corporation deurihed t in and WWI executed the foregoing inutunsem; that he t0 br the individual knows the :cal of said corporation; dut the oral affixed deseribed in and who ettteuted the foregoing instrument; to said iasnnmeat is such rorp.noe Tal; that it was sotint he, Sid subscribing witness, Ass present and saw afiaed by order of the guard of d••tttors d said c.•rpma- e- tt the same;and that hr,said witness, d?4 and that he signed h name thereto by art"order. at the owe time subs^ribed h wase as witness thereto. - LPWPtA WO Mle ;8teb ❑N CAV NANT/AGAII'T r.t ANI Va']M., SECTION �- at nest for CWNTY Oa DOWN TO ■aTV W{T MAIL TO. � Oitrrrlw0 � ___-- f7 TRACT CORPORATION et OLD COUNTRY ROAD ROBERT J�ZEPN, ESQ, CITY.,"W YORK 11530 67 Harned Road S.ndk-2'.3 Koo Commack, New York asl W 1'i72" r.'s - n• 4. ae 4 Y F � FA LiEiawYt X587 _ f Y _i�..-,u...n,.N PN..MY ew's.n.pYn r"uwi• INNWwI er Cerpunnw aeyte.L.at f .11(IS .au4N 14O X.Y.�Y.r Coasutr'JIM awn NN6 TNi t4aJRYMOvr rtsa itatrattaawr IL Ysao w to to YNc ONLY. THLS WDFNIVRE.nu.ie the Srh day of October ,nalt.eern hundred and eighty-four ' j BETWEEN FRAN'W GiauHighway, residing at 116 Montauk f. Highway, P.O. Sox 200, Islip. Nev York 11251 f party otthe first part.Will IR,-'E Me KASTY, residing at 6 Fireplace Road. Brookhaven, Nev lark 11719 party of the second put. W( 7fl,tltat the,tarn'of the fire{air•.,in r.?^=iders•inn of Ten la..!ors and o:hrr valuable con theradan paid by flit party of the second part,does hete6y gr�•u .aid relea a o,:n.t::y{am-of the seconndd put.the teirs or nonce snR Wall assigns of the party Of the secured Matt fore"er, All thin amain plot.lar-t of hared of land, with the bpdJ cgs and ie:proaemcats 'hemp,erected. situate. lying and bang indbi: at Orient, in the imm of Southold. Counts of Suffolk and State of Nev York, [tore particularly bounded and 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 rww or formerly of the A.H. Limouze +'state: RUNNING THENCE from said point of beginninz along the Southerly side of Main Road. N_Y.S. Route 25 the follwing ::...,ryes and distances: 1) North AS* 00' 00'• East 72.00 feet; 2) North 530 23' 00" East 184.21 feet: 1 RbNNINC THENCE Southeriy along the tie line of Dan Fond Inlet the £eluting f 2 courses Well distances: ' 1) South 7005' 05" Fast 20.04 feet: 0 2) South 31 4" Hl" Fast 134.L' peer to Orient Etrbor: RUNNING THENCE Westerly along the tie line of Orient Harbor, the tollow'rg 2 courses and distances: 1) South 230 50' 25" West 88.48 feet: 2) South 460 51' 35" West 150.43 feet to land now or formerly of Arthur Limotze Estate; '' '�10`111 I ♦ RUNNING TFIENCF. North 380 50' 00" West 195.00 feet to the Southerly side of Main Road, N.Y.S_ Route 25, the point or place of BEGINNING. (Ga I A,- AJ d — r _ ' lJJP 7 Q 711-P40 TO "P 64%j5,'�N IjfMcF/. , iii 3/�9� TAt pl.♦p P&emj))) 9/J+/?z- •,-j 1 1 5,.1 '7171 c." z�3 OrNG\V70\ Due 1000 TOGETIIL•'R with all rude,title and interest, if an.,of the�,,ty of the Gra part in and to any streets%ad roils abutting tine alw,ve dvsi f4i al pretilises to the anter (ices tlefmf; TOGETHER With the appuntsances 5... 031ya,s and ail the estate and rights of the party of the fust pan in and to said premises; TO 11AVE AND TO 1101.11 the pmtisei herrin granted note the party of the second part,the heirs or snxcessots and a:sigm of _ Bit 14 are, fere fatty of the sacond pun forever. I.-Io P 012a b AND tine party of the first part covenants tint cite par'y of the first part:as not done or suffered ant-.ting whereby the said premises love been •xtcuntbered in any way whate er.except as aforesaid. AND the party of the fins pan•in aomp4uict with Section 13 of the Lien law•, covenants that tl.e party of the first part will meive tke rwnsideratimt for this nmveyance and will [will the right to receive such con sid- eratnot as a test food!o ht applied first for circ pnngnae of foyin g thr cost of the impnn�eenent and will apply Ile smdi ae st to tie faymrnl of the rust of the improvnuvot Iw6ae using any pan o:the total ad epic sone for any ollwr purpose, The word`party"shall he coosrruvd as if it read"parties" whenever the sense of this indenture so requires. s IN WITNESS WHEREW,the party of the first pan has duty executed this deed rte day and year firs:above vttltiCR ` 3 IN raESENCE Or: a4n ISA v if E. - .. ) R: •t ---3TE i OCT 2 4 04 _ c� J TRANS_rf; TAX Sl1FFO!K -y` -- MINTY _ RANK CILLESPI \ l� OF#WW Suffalk - sr/4n a.Ntr tort t0[/Efr of .c.� STATE tv atEw roPR,twtWTtr of ser .f On the 8th day of Oct l9 84 before mel On the day of • 19 , before me pers mazy came personally cane Frank Gillespie in me known to he the individual described in and who to cot knrrm m be the individual ividual deserted in and who ueeuted the foregoing iostrmmm, and acioawledged that j exmacrt the fmrgung iastrument, and ackrwwltdged thio he executed the sanw% executed the stmt. ` 1 qNota 1 , t 'r EPT B.FISHK 1400MY State Oo.30•/1tY s k..York -. C,M,bflan fmir"varah 34 STATE Of NEM VOIW.CW WTr OF ss: STATE Of I"NOW.COONTr Of w: On the day of 19 before me On the dar of 19 before me personally came pers nark-came to rte known,who.bring by me duly swore.,did depose and the subscribing witness to the foregoing instrurtem, with say 0•at he resides at leo. whom 1 am personalh acquainted. who, being by ne duly sxnm,did depose and say that he resides a No. that he is the of that he knows .the corporation described in and which"tatted the foregoing instrument: that he ! to be the individual know; the seal of said corporation; that the seal affixed descrrted in -m1 who exrvted the foregoing inslrmrent: to said instrument is such corporate seat; that ft was s,l plat he. said subscn-hi:lg witness, xu presem and saw affixed by order of the board of directors o! said corpora- exaute the same;and that be, said witness, tion, and that he signed h name thereto by Eke order. at the same time subscribed h name as witness thereto. District: 1000 yarw . /BD *&It IRteb SECTION 031 Q:ryVEnnytA fAnnsl(�,n_n�r�s Aru a TITLE Ala. !�' 7 Cl BLOCK 01 LOT F— LOT 012 couHrr Dcmutwt Suffolk FRANK CILLESPLE TAX BILLING ADDRELS TO 7 IRENa He RASTY RaiaKN aY MAIL Tor): Diw:frrrta by ' ROBERT J. ZEPH, ESQ. T.P.S. ABSTRACT CORPORATION 67 Harmed Road `= 350 OLD WUNTRY ROAD Commack, New York GARDEN CITY,AEW YORK 11530 z,era 11725 Nxsav•1/06550 Suffolk-273-OW0 ----- ---- — az?r, E AIM003)fjOednS i0 Lci:a �• � Y713SNiA'7 3i1311nf q his Md ai i Z h1 L0 ` � oaoyoo�y - •' . � SSS No Itupie and Sok lhel vN,Cw®aapna G�wwa Mr+-h�vidW wCwpawian ���� (.tJN CONSULT\'Wer LANYFA ariORE SIl]VeC Tlin INSIRUNiM•THIS SIIOUID eF.UW:a aY IAN'YfRi QYI.Y THIS INDENTURE,made the 28" dayofOctober two thousand and five BETWEEN HENRY H: TRAENDLY and BARBARA CADWALLADER TRAENDLY, husband and wife,residing at 13220 Main Road,East Marion,New York 11939 F he first part,and KE NIAMONITAKIS and VOULA NIAMONITAKIS iding at 134 761h Street,rooklyn,New York 11209 hesecond pan. WITNESSETH, that the pony of the first part, in consideration of Ten Dollars paid by the party of the 1 Second part, docs hereby grant and release unto the party of the second pan, the heirs or successors and igns of the party of the second pan forever, fn� ALL that certain plot,piece or parcel of land,with the buildings and improvements thcrcon erected,situate, I�1 lying and being in PLEASE SEE ATTACHED SCHEDULE A l�t SAID PREMISES being and intended to be the same premises described in the dcod to the parties of the 5 first pan herein by deed,dated 03114/97,recorded 0328197,in Libcr 11822 p965. SAID PREMISES commonly known and designated as 13220 Main Road,East Motion.New York DISTRICT 1000 SECTION 031.00 BLOCK 14.00 LOT 012.000 TOGETHER Nish all right-tick and interest-if airy,of the paty ofthe firt pat in and to my sueeus and roods abutting the above dJcxribed prmus s w the xnux lines theivof.TOGETHER with the appatcoortces and all the setae and rights of the party of dtc fust pan in and to said preusism TO HAVE AND TO HOLD the premist:s herein slatted into,the parry of the acmnd pan,the heirs arc sucsersam and assigns of the parry of die xcond pan forever. 1 AND the party of the fust pan mvemnts dust the party of the fust pan has not done w suffused anything vdtereby the said premises Wv been cncoultered in my Nay whatever.owept as aforesaid. AND the party of the first pa4 in eomplimce Nish Stattim 13 of the Liter Law.covemnta that cite party of the ftni Pan Ntill n=hv the cauidmtim for this auveyance and will hold the right to receive such atasideratim n a mw fund so be applied fist for the PWR•ae of paying rhe colt of the imss mint and Nill apply the asnK fon so the payment of the coal of the impuovemmt before wing any part of do total of the tame for eery other purpose. The word party'shall be coramttd as if it mad'panksr wheaesc the aoae of this isdosmic so npuiru. IN WITNESS WHEREOF.die salty ofthe-rim pm has duly executed this deed the day and ym fast shove Nsiss". IN PRESENCE OF: V—a�a HEH E LY ARA CADWALLADER TR ENDL !'1'IIItU 9 AIU81'29'1•YP62 Olt 191IN'!'BU IN 14llult'I'o itscolU/1No Ull Yf LINU. IppULK COUNTY CLEM 21 31 AEUIVED it aL— •N �. ea —� rn�ax Wi1i11�1Y���� RPJE TTATE Ma81 ) WTER •O�r,trr5^-)ct—; .. TAX lw N r�Cm o •*11 � rY v :Ila Ito IM1lesgaphsimin"l Died/Abrlpae'I'na9tawp IlnurJlnW1FION{tllampa FEM_4 el piling fee ._ klorl#qe Awl. J.11milt 1,44 !FI � 1.SWIM _ a1Wa 8uh'1e1a1 _ U 17lCuunlS) ��r��._ 9u4'1'nlnl civ— J.SpostMild. _ •9517 t91a1e1 _�.G•� '1'U'Y.hi7'U.'rAx ._ :1'.9.A. tlaal'I'ewn Unel L'oaal/,_ Hold forAppHlHwwtnl__ Nns.of too. __9_9u_ + Transfer Tu Idatll _ plaNden'1'Q filled Cap) ,_ 'Ilse prq,erly entered k1 this wepMAe It or otlll he bolstered Ip a one or tote Iewlly dncnlaof only. YL!_ or mo— tif UI U9U'I'AL �,; It NO,its appeepdals las claves on :. Pilo leof lids ksalrvwenl. Keith 9enite sty vtrw$gnaNlittle company Intormallon lath I— Lei ULACKII-WHIt AUSTRACP COOP. 100Q Qb1,l]D f1LD 01 'p , OOa 33 Willis Avenue MlNoolts, New York 11601 cowpanyNone C rsk/-B S- 40�S 11114 Neither 999PAW UYs Cask_Cl Chugo-- payer$gifts e--payer$gifts ae 11 A It ,,IACKSTONE ABSTRACT CORP. 33 WittiS AVENUE MINED A er Itscoltu A lurl-d Yo $16-248-3800 1AIIIIJIMS) Suffolk County Recurding & Endorsement Page '1'1111 pogo furele purl of the Allached Iltnde hyl (Nod,Mullgugtl,ale.) roti_,f 72A .t 'flit prondite heroin Is#floated la 9UPPULK COUNTY,NEW YORK. I'U y lot Il/o TOWN of z5DUrhb 4 �1 Ike VILLAGE �SA,eA �yAlwrAts/9AEe 7e!9s�1/��}�ur IIAMLE'1'ef wee 1•WNe N.Y-at U.N.6011). .apr,tdbre WN. hk Gra..,q~0... 1A„I�t-/nIN,tMtM/wN�M,l l NQ �STOERATtON • setely%r rolls LANrYN SOON HaeaNe ttOe e+erauatewr-twn ewsratAtNNf eN01aO N low By CAWym way. TMs,INDIINEVIII,made Cho 14th day of March nitat"a hundred and ninety-feven llfar* iN HENRY H. TRAEHDLY, residing at 13-220 Main Road, East Marion, New York 11939 party of the Aral pan,and HENRY H. TRAENOLY and BARBARA CADWALLADER TRAENOLY, husband and wife, as tenants by the entiretios, residing at 13-220 Main Road, East Marion, New York pony of the aocad part, wEENtoom that the party of the AntriIn consideration of Ton Dollars and other valuable consideration oilaw�eesiari�indowlptaa of Aa pony MnBd nPon � rw and relnunto the party of the eerond part,the holes AM that cettaln plant one or pare a of land,ailh We buildings art f Improorments the am enete4 skuate, WalisadbeiK>yaMaat Orient, in the Town of Southold. county of Suffolk, State of STRICT: New York, more particularly bounded and described as follows; DDD— BEGINNING at a point on the Southerly side of Main Road, N.Y.S. Route 26 where the some is intersected by the Easterly side of Lane now or formerly of the CTION: A.H. Limoute Estate: MW RUNNING THENCE from said point of beginning along the Southerly side of .DMain Road, H.Y.S. Route 25 the following courses and distances: t4-AC(K1. 1) North 45 degrees 00 minutes 00 seconds East 72.00 fat: 2) North Si deems 23 minutes 00 seconds East 184.21 feat; OT: THENCE Southerly along the tie tine of Dam Pond Inlet the following two Troon courses and distances: 1) South 7 degrees 05 minutes 05 seconds East 20.04 fat; 2) South 31 degree% 42 minutes 30 seconds East 134.12 feet to orient Harhort THENCE Westerly along the tie tine of Orient Harbor, the following two court#$ and distances: 1) South 23 degrees 50 minutes 2.5 seconds West 88.48 feet; 2) South 46 degrees 51 minutes 35 seconds West 150.43 foot to land now or formerly of Arthur Limouts Estate; THENCE North 38 degrees 60 minutes 00 seconds Hest 196.00 feet to the Southerly side of Main Road, N.Y.$. Route 25. the point or place of BEGINNING. BEING AND INTENDED TO BE the same premise$ conveyed to the grantor herein by deed dated December 16, 1988 and recorded January 9, 1489 in Liber 10772, Pape 208. TOGCTII NR with ars right,tido and Interest,if any,of the pony of the Ara pyaar)In and to any uraele and raaAa abuUac lna the above derlbed P0111111411 10 the eenUr linea lhermit TOGRTHRk wall the appurtonaneaa and AN the estuo and rights of the party of the Ant part In and to rid promises; TO HAVR AND TO )FOLD the promisee heroin granted unto the party of use atrond part,the Min or suceeatoa and aultina of the party of the second part forever. AND the patty of the tint part coveaantt shot the patty of the Arai pan has not done or sugared anytilltt� whereby the sold prsmitos have Men encumbered in any way whatever, eaeopl go&(*?said. AND if*party of the Ant part,In compliance with 9enbn 1]*I the Llea law,caven"le that the patty of the first part win receive the coneldentlon for IN$conveyance and will Mid the right to receive such""old. eralioa as a trust fund to be applied Alit for the furpooa of MAE the coot of the let emanative and will apply the same first to the paynwne of the cost of the mprovemeot fore ulna any part of the tad al the tom for any other purpose, The word"party”eha8 be conterued as It It road••pertlos" whenever the tons,of thls Indenture so mqulra. IN Wfl'NW WNIMIF,the party of the Ani pact baa duty executed th )day and year Arai above Millen. IN ►W%Nes oft / 7 11822 PC965 swAe a New matt,cow" NASSAU sal aTATI Of Idw YORK.COVNTY of aha On ON Lath day of March 19 97 , before me On Lha day of 19 , before Ina p'rw W'y esme HENRY H. TRAENDLY porsorlally came to me Imown to be the Indlrldal described In and who to me known to be tM Individual deNrllNd In and who uocutd rho forgoing Inummont, and "knowleddod that aaocuted the f oing instrument, and alemwledgd that he MtMuted tM came. l axacutad% ams. A feI1M► IC iNa • q7 OTA"a NOW TOM COW"Of sec $?AT1 Of MM TOM.COUNIV Of aha On the day of 19 before me On 1M day of 19 before rte personally came personally tame So me known,who,bol",by nor duly#"m,did dopoM and the subscribing wlrness to the foregoing Instrument, with say that he taaldea or No. whom 1 am felf"MNl Acquainted, who being by me duty I sworn,did depots uW aay that he WJdu u No. that M Is the of that M knows the oer"readon destrlbd In and which autulod the (M#Jtg instrument I that M to be the Individual knows the ball of told torpoeerlent that IM owl affixed described In and who executed tM foregoing InstrumentI to laid Instrument Is sure- corporate awl; that It was so that be, aid tub"Wreg witness, was present and saw affixed by order of the bad of directors of gold co", execute IM same•and shot sed t be uwitness, doo, and that he signed b saw thereto by Dke order. a the Mme Time subscribe L tome a witness IMrMa, ouple aN Mla nett pp ON 031.00 WIIN CIDYINAMI AOAINII OeANr Oa'I ACII Pits No.(r 15,( AA ,114,4 S eau 14.00 LOT 012.000 HENRY M. TRAENDLY COUNTY Oa TOWN Coat Marlon TO HENRY H. TRAENDLY and 6ARIIARA CADWALLADER Rewded At RsgwNd TRAENOLY. husband and trite, as tenants etnl AtwI ATtssiwes CMMWdNMYak by the entireties OTUAN av MAIL TO MV $1 w •we w en Nees aunt u sees e.eao " 04so.r,d61 Raymond J. Mc Rory. Esq. 19rdAminnitan 7Y1ta/naeraxaCompany 124 Cherry Valley Avenue OMIT Ark Garden City, New York d"A"'Ke6LACKSTONE A ;STRACT CO P. g N, 11630 AVENUE Y 11501 p 516.248.3800 6 e r Q 1 qAll;U5iwl 1, WED. yJY�MiVI✓ <} 4Y -r� i J (i. � ir:t bY( n4 "a r r gr fir� ��i"�. 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C - .���.3a"_�ue. i 'vk Qr and ,k3a"�tLTsr!+i,.<h ✓rsaL�<4'� .i�. ...................... us � P�208 13I-s-2 /0 z J�.R Sundard N Y B.T.U. Form SWY—YOM —Bargain and Sale Deed,wish Cortnanu agalmi Cnnmrl nm—Indlviduai or Cnrpo,stluv. (Ingle meet) -71,J CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY Y� THIS INDENTlIt2E, made the day of December nineteen hundred and eighty—eight BETWEEN 3DANIEL McKASTY and IRENE McKASTY , his. Kftfe , Id�F 470/a D & D USED TRUCK PARTS , 32tShaw Avenue , Bellport , New York 4)vo / M party the first part,and HENRY H . TRAENDLY , residing at55 John Street , New York , N . Y. 10038 2021; party of the second part, WITNESSETH,that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second 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 certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being inxthax at Orient , in the Town of Southold , County of Suffolk , DISTRICT: State of New York , more particularly bounded and described as follows 1000 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 SECTION: formerly of the A . H . Limouze Estate : 031 . 00 RUNNING THENCE from said point of beginning along the Southerly BLOCK : side of Main Road , N . Y . S . Route 25 the following courses and 14. 00 distances : LOT: 1) North 45 degrees 00 minutes 00 seconds East 72 . 00 feet ; 012 .000qq 2 ) North 51 degrees 23 minutes 00 seconds East 184 . 21 feet ; a4a,. e,�gl THENCE Southerly along the tie line of Dam Pond Inlet the following two courses 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 Orient Harbor ; THENCE Westerly along the tie line of Orient Harbor , the following two courses and distances : 1) South 23 degrees 50 minutes 25 seconds West `:8848_'feet ; 2) South 46 degrees 51 minutes 35 seconds West 150 . 43 feet to land now or formerly of Arthur Limouze Estate ; THENCE North 38 degrees 50 minutes 00 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 . TO with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; 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 '% the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- 1 erasion as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before 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 indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. •�.. Ix PRESEI3QE`�OF: / / DA EL McKASTY IRENE McKASTY itJ II c4 rb,4Uy N/+ss 0 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORE, COUNTY OF SS: On the '6 day of December 19 88, before me On the day of 19 before me personally came personally came DANIEL McKASTY & IRENE McKASTY to me known to be the individual s described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. executed the same. -Oc� DALE S.SCHWART: Notary-Public,State of New York No-4.792806 Qualified in fgeesau County commission Expires Sept.30, 1989 STATE OF NEW YORK, COUNTY Of SS: STATE OF NEW YORK. COUNTY OF IS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No, that he is the of that he'knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw ^',Aaflixed by order of the board of directors of said corpora- execute the same; and that he, said witness, v.tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Nargain and 16ttlp Pub WITH COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. 13 1' s" -2- 14 o L BLOCK DANIEL McKASTY LOT IRENE McKASTY COUNTY OR 'TOWN TO HENRY H . TRAENDLY Retarded at Request of CHICAGO TITLE INSURANCE COMPANY Retum by Mail to STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by Blum, Ross , Weisler , Bergstein , C$IcALoo FrIE,I,1611C Golden & Weingold , Esqs . INsultANCE COMPANY 389 Central Avenue , Box 280 Lawrence , New York 11559 Zip No. 0 It ?00 0 J O 0 �,�� O hly l a �% 6BB W, 0101 Nn U Lm4 N 6. W 'y O< ' f ra , y u. %R2667 aia Ab THIS INDENTURE, made the Y day of January . in the 'ear Hineteen Hundred and forty-seven betweenDAM P. 10I= and BERHADINE R. MULLFR, his wife, of 157-40 Tarth Avenue, Beeeb)pret, Long Islsre, 'Taw York, the parties of the first part,, and ARTHUR if"LMMM-of East Marion, New York, party of the seoon&:partij c MTfN8S8ETH, That the said .parties of alts i='I Y'[# dorxiMrrtion of ONE DOLLAR ($1.00), lawful moneys of the United States, plaid V,tha party of the secondpart, do herebys�vnl�o='t `s�pirtyr-of the xt second pert, and to his heirs and assigns fo'r0or,54. ALL tha t tract or paroel ot`S iitau bWsTETM of Southold, County of Suffolk and'Vftt,"of BEOINNIAO at a concrete monument set Yain.Hood at the mrtheasto@aly 'eQfaT�nit„w and running .theme along said tcathetlq N• 45 00+ E: 35 Feat to a gonarkte rain other land of the pastwoof;the fityZs7s p K' to the easterly boundaiy. of staid ltmd'ot" , passing .through a concrete t a tin "i the 'bulkhead 8. 389 water mark of 0ardiuxra Bays"thanos;solrihYrTs d high water mark of 0ar4i.aers Bey 33 feat Rand IF- of +Daniel "E«VailfthmxccldWE" ng„�a}fid N. 360 50+ A: ISO se , �+ '- BEING a part of fihs d part by the+Beard•oto; As ' 4. in the United States:of vevamber, ig46, c arks Office_in Liber266$' of edW „ a fags b'�A _ December 19T6. at 12sE9 P:It ”` ' ° SUBJECT to state of facts aa'i hoses iTltdnalarYe�faaaMi�4.e� �i 19tu6 i by Otto W. Van Tuyl, Licenaed Anginaer and:Sarteyror of (ire fork. ZOOETRER'with the appurtenances, and all -of--the parties of the first part in and to acid* emises. TO HAVE AND TO HOLD the above granted pres+ises unto the said party of the second part, his heirs. and assigns forever. ANT the said parties of the first part do covenant .that they have not Idone or suffered anything whereby the said premises has been snowbared in � any way whatever. I. 26W 24 IN WrmSS WHEREOF, the parties of the first part have hereunto set their heads and seals the day and year first, above written. / - David F. Muller _ Bernadine R. }+faller ' r Sr= OF MW YORt ) C©Ut1TT-OF SUFFOLK on. the day of January , one thousand nine. hundred 'fCWty-gavffn befori me came DAVID P, MULLER and BFRNADTNG R. MULLIIt, to �e ktto�m to-.be the individuals described in, and who executed the fore- . . 80%* 'Ax , and aalmowledged that they executed the same. RDf D ie NOTARY P09U0 in THE STATE of NEW RN � �u1lol' ling•u ;''uffolk Coanty AN 13 *47 ..uI LI4 CIClY! O.�QjQ Fri - k1)Wu�mn,ion Fixpvu��___y:3e�s�-�j. f; . !T M. R FpRr, t-{CHES CLERK OFS.,F:� : .-•:COUNTY action Edit Query ebck Record F-ieid WM' ow _ 3 x ax reap N.niber Beard, I Mann 5eatfi ( Physical Address Sear ch ' date Mode.-i WW. District Section Block _ Do Search FHelp Lof. ---onn- — Last Search 11000 p3100 11400 110 Preva Nezt Print Ex 0200 01000" 01W 001001, - Clem All Map RopertY fnfarmacxn � Kstory/r>Formatxn ( � �� �' z-o ` (/ Rae Date Liber!Pa ger Doc# Doe Cads Doc Date-- Transfer Specific Remarks rV,10/1111996 117960946 ------ B�J 130/1996 - p 072771994 11687 0295 r— I BSD 1711994 -1,F57--0711994 11607 0204 PXD - 12/1994 �� � TransferiProperty.3pedfic Remarks 1089 1959 PRB 1!16!1959 Y J1 .571 M4119411, 02MI0246, F —,BSD r101N471%T r Refresh io-R ' Lestus Nama/Go`mpan � � Fin t,l�ama MW � Sim,ifs 4& �:Owrrar e„ -Byinrygsirl . MOUZE PRTHU�r R� fC.TY _.-_..._. 4 %. 71 Al Graotors � - Last Name/Company . First Name Middle -SuRY• % -Owner Type' - Business" i ILLER �— ;DAVID P (—�.�, —.0 TENANTS ENTIRETY ILLER 'BERNADINE N �� 0 TENANTS FNTIRFTY - - r -:J. s mad:6/6 _ } I : r • CORDED • 1 Qi 09678 11796 Pt947� 1>�0 _ ocri i er+ia.z� Number of pages a R ESTATE TORRENS OCT 1 1 1996 UFFOLK CIi(J't' Serial a TRANSFER TAX Cenincuea_ SUFFOLK 0 67 coIRJTY Prier Cd.a — Decd/Mortgage lnstrumeM Decd I Mortgage Tax Sump kmtudmg I Filing 5tarttps FKFS Page/Filing Fee M,Mgugc Amt. Rrdling __ 1. flaw fax _ TP-784 '. Addimmat Tan Nomas _ Cl —_ Sah7)Mal FA-5717(County) ._-l• Sub TWal ra EA•5217(Sutci Sptc./Add. _ R.P.T.S.A. J•G..(�l .OdUA TOT.M`M.TAX •___. Dual Tana.......Dual CouMY .- Cann.of Ed. 5• :ti 1� 4� Urkl icorAprymimunem Affidavit -- .— II Trumfer Tax _./ !.__.• _W. Mauim Ta. _ Certified Copy 11c pnycrty arwemd by this mortgage is rr will he improved by a ate m tav family Reg.Capy -- dwelling imly. Sub Total _ -- YF_S—._nr NO Other — If NO, ppr see aopnaw tan clause rm page a CRANOTOTAI. �•. i the instnmam. Mai Praprty Tu Serrke Agency WMIcallon J 6 'flue Coompgny lnrartngOon s:µ Dist. Scaldn Block La fti�lell,c�.[I/a�m�fli�L2 le,Cot, n_3l.a(, /V, OA //.Roo Company Namc h71-�----- nnc Tills Nunbcr IMdabi � f/t%7Ya/ {� ftgPil /yg ITE PAID BY: t Cash__(.heck.✓ Charge__. h , VAPaycr same as R&R__— D.,,•-/ washlnj 1 fit iffcrem) NAME:fid(I !� /U�t�.F/ 1W.-//�`v . V-RECADDRESS: ��Y.�.C,I44LPa-vvl • /V— RECORD&RETURN To ORD&RETURNToI —__p _,4 t7)_ ADDRF.SS Suffolk County Recording & Endorsement Page Thls page tomo Pan of the aluchcd --— �D c'��_ —male by: (SPECIFY TYPE.OF IN%rR11MIiNT) f. }l:nt gam/ LlI'fn J>t-.= r t'A ANK LttlA/Vaa_ TM premise,herein is siluatcd in �gg.dT 4t1 AN 1 tlfiuid --_[ �AL�.CIra_�ZfSUFFOLK COIINI'Y.NEW YORK, N Ltr TO attur�u In ltic Tnwmhip of S-a_u 1 H aLA--_— _ AtYhaA � _ _L��lyg�llQE2 mdu YILLMi a or IIAMLIiT of BOXES S THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. .$*Z= 1111111 4 Fum WF•.HrMe ad xda ILd w,O l'os�xa•yca tk.+uh/.1+-d,Yv,b+d a�:tfprRMU.(�fl•,6M) C[Ni9U1:(Y/X1RlAWYF.RnI+F0IRfi:IXiMN0 n11Y[N3rRtjwwr-7Hi81N9(QUAWN(9ERllrt J>Wi U:pin IIY I AWY11Rc1NI.Y777 i THIS MDErffURE,made the Sof t , day of S err-Tiler, nineteen hundred and ml,-O-fy six BETWEEN NINNY L 2 residing at 476 Compton Road, Cincinnati, Ohio 45215 FRANK LIKOUZZ residing at 402 Belcrest Drive, Lafayette, f I t.ouisiana 70507 DOROTZY-AMN LUMUZZ residing at 6 Jay Street, Canton, New York 'r 13617 and OR1CZ LIUMZZ residing at 17 Spruce Bank Farm, Woodbury. Connecticut 06798 as the surviving Tenant by the Entirety of CHARLES A. LIMOUZE party of the flrm pan,and , ZZNRY Z. TRAMLY and BARBARA A. CADNALLADZR residing at 10 Sands Court, Port Washington, New York 11050 party of the second pan, WMI SSETH,that the pony of the first pan, in consideration of Ten Dollars and other consideration paid by the party of the second pan,does busby grant and release unto the party of the second pan,the heirs or successors and assigns of the second part forever. Dietriet At.l.that certain plot,piece or parcel of land,whb the buildings and improvements thereon erected, 1000 section sdwte,lyclgandbeagat Bast Marion, Town of Southold, County of Suffolk 31 and State of New York, bounded and described as follows : Block 14 3ZOIN M at a concrete monument set on the southerly line of Main Lot 12 (Road JR.Y,S. Route 251 at the northeasterly corner of land now or formerly of Burton; RUlNNI1NO TKCWM Northeasterly along the southerly side of Main Road (N.Y.S. Route 25) North 45 degrees n0 minutes 00 seconds Bast 35.00 ifeet to land now or formerly of Traendly; (RUNNING TRZNCZ Southerly along said land now or formerly of Traendly South 38 degrees 50 minutes 00 seconds East 197 .92 feet, to the high water mark of Orient Harbor; RUNNING TEZNCR Southwesterly along a tie line along Orient Harbor South 27 degrees 29 minutes 05 seconds West 38 .00 feet; !RONNING TIIZNCZ North 38 degrees 50 minutes 00 seconds West 209.43 (feet to the southerly side of Main Road (N.Y.S . Route 25) to the point or place of 919GUNINO. I I'.100E01 with ata the right, tale and interest, if any, of the party of the first part in and to any reets a'111 nd roads sbuning the above described premises to the center lines thereof 'COGG"fHER with 1the appurtrnancaa and all the estate and rights of the party of the flrst part in and to said premises. 1'0 FIAVE ANDTO HOLD the premiseshemin granted unto the party of the second part,the heirs I or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered `enyfhing wlroreby the Wd premiseshave been encumbered in any way whatever, except as aforesaid. AND the party of the first part in compliance with Section 13 of the Lien Law,covenants that the party of the flTst part will receive the consideration for this conveyance and will hold the right to (receive such consideration as a taut fund to be applied first for the purpose of paying the cost of the mlproverrtertt and wig apply the same ftrst to the payment of the cost of the improvement before using i any pall of the total of the same for any other purpose. `I `The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so 1 (requires. IN W rMM WHEREOF,the party of the first part has duly executed this deed the day and year (first above written. 'I1N PRESENCE OF: Q ROMY LIKODZZ by Robert S . Hughes 1 trrney in Facq DRANK INODZZ by Robert S . Hughes A rney n Fact 1 Zee t*1O _ DOR O 1 -AM LIMOUZI by Robert S. Hughes Attorney in FacX IC, 7 cc 2„t,,a-e t CICS I anAcs xoozs i by Robert S. Hughes Attorney in Fact- State of New York County of Suffolk ss. Ot s 3C�h day of 1996,before me came " and appointed the attorney in fact by the individual described in and who by his said attorney in fact executed the foregoing instrument and duty acknowledged same as the act and deed of N nr (J 2� herein described and for the purposes thererp me ioned by virtue of a power of a ons y d ly executed by said Ren r24 L.�1YI GYI _ dated and to be recorded In tfie Suffolk County Clerks Offlce siroultnneously k�oroe/with. A Notary Publi NANINr.NMrN Notary RmM.444t.,d kw IM! «. M1rW flu.!m..l,n�aMaa iar Cun4au.ron[.yeas NgtA t1, State of Now York County of Suffolk ss. O thisM-fday of 1996.before me came and appointed the attorney in fact by FreQ the individual described in and who by his said attorney in fact executed the foregoing itutrument and duly acknowledged same as the act and deed of Eaey1123 z%j L-C— .herein described and for the purposes there i�st mentioned b virtue of a power of at rney dul executed by said Ci M thc-f � dated < and to be recorded in the Suffolk County Clerks office simultaneously herewith. Notary Public rAaNr.NA�m kwWt ko It, � (1„ hbwlm tiY tC CpNan.ua.k.Vrc. Mh tl. 11796 K944P • State of New York County of Suffolk ss. on this3afh�y of ��� 1996,before mebyhis e _and appointed the attorney in fact t � rrthe individual described in and who said :tomey in fact EC uted the for cling instrument and duly acknowledged same as the act and deed of L, U67Pl�2ft- herein described and for the purposes n men toned by virtue of a power of a m duly executed by said•Q ->1t h� n L"ih?b[C 2.e dated? and to be recorded iu th Suffolk County Clerks Office simultaneously h rewith. Notary Publ Lwof HAS" Nway Polk. !.1n•••#q„wY„A �., :r8 �rw,M111i4.••L,!•••S 1A.1 31,1 Sate of New York County of Suffolk ss. r On t is 3�day of_` �T• , 1996,before me carne Ro�iQ r s 4 S and appointed the attorney in fact by _ the individual described in and who by his said attorney in fact executed the foregoing instrument and duly acknowledged same as the act And deed of JrZy Ct 1 irrt or t,24g _ herein described and for the purposes therein mentioned by virtue of a power of atjomcy duly executed by said dated_ -Q and to be recorded in the Suffolk County Clerk's OtTtce simultaneously herewith. �L -e\,Notary Public LWN,r NAAeV N.-1,Paan •'r,a•d n.. Mitaj il•NM.+n o.sYtw�i C Cw,nnnawEa+' +uryil il,t 617.20 • Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Aan&4 14, a/ 3. PROJECT LOCATION: Municipality oLJ 1County SL)-�'ip 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 13000 Mig1, J fid . E . ►M11 2io,'-Jy y 1q�9 5. PROPOSED ACTION IS: ❑ New F] Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 03j eL1+,t/8- r S +O QG 2e cod n i z� Lv+ p r 1(1 i orx u-./ (I PeCti�ek r R.e c crl r) i 2�d b {wedP • ;Lei � SLID �o► (e (2 ,• c cepe Icor l a-10 q Ad' Acent lvI ttla wj C. o� O. ReS1denCe llJLlS Sold rt0 U1ReCA4eJ O- 7. AMOUNTOV LAND AFFECTED: Initially acres Ultimately . 1 to acres LO"r 0- d, Ace,-y+ 8. WILL PROPOSED ACTIO COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE REST ICTIONS? Yes M No If No,describe briefly 1\10AJ Conrotem' r'q U 9. WHAU PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑ Industrial 1:1 Commercial ❑ Agriculture ❑ Park/Forest/Open Space E] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FE ERAL,STATE OR LOCAL)? Yes ❑ No If Yes,list agency(s)name and permit/approvals: Ny '� (5, C 6 ri �f pGess) 1 I SOPPoJK C.ovnf-y -6,fF. -goo-rd nP -T- vS{'eGa r 1 avf e I'a3-of3 �W ,,Xe a ed S c 11. DO ANY ASPECT OF THE ACTION AVE A CURRENTLY VALID PERMIT OR APPROVAL? MYes F] No If Yes,list agency(s)name and permil1approvals: c o+-,T p / 1 TQLJ5Ce�— Lw12� C KEwn� roll . 12. AS A RESULT OF PfQPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E] Yes LVJ No I CERTIFY THAT THE I RmATION PROVIDED ABOVE IS TRU/E1 TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: A .` r Date: u i Signature: t `•r FIf the action is in th Coastal Area, and you are a state agency, complete the Coastal Asse ment Form before proceeding with this assessment OVER k 1+�d� PART II - IMPACT ASSESSMENTa corn leted b Lead Agency) A. DOES ACTION EXCEED ANY TYPE I T HOLD IN 6 NYCRR,PART 617.4? If yes,coo to the review process and use the FULL EAF. Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers maybpandwriften,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid wast, roduction or disposal, potential for erosion,drainage or flooding problems? Explain briefly: r� C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community'or neighborhood character?Explain briefly: r' C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? ❑ Yes ❑ No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑ No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a)setting (i.e. urban or rural); (b)probability of occurring; (c)duration; (d)irreversibility, (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) t�Dark ero,.n Lmn Tis 9Me Pon a based on Su by K'nvenh m.WO onu K L5 I uy Cog 6 ]p died V-WC7 bat rewon 5R0/a7 Lavle Drop T Ender s 3 Cease Sad E Grv.el ehwm ore framfied dile ad a ddn Alms for MairnenaKe tidrrd frau antro. 63 Wars L...V Lavrd — _ aawmmr \ CMIC1 fp 10 Weser in Goatee Sem E C+xel \ Main Road(5R 25) Boring By McDonald Geoscierce 5/10/07 rn B< 1 t� .�t 1000 Gal Septic Tank Detall a s Ed.of=m— \ n Scale VW=T � CmaeneCmer 8c 1 1 y --- '--- ' - - - - Fnldcl Grave Prapeeat Wall �� Mia hi Dia. 8* li,i e i�^-- / ' ' 45 0 0 E .°° - - — - - - - - - Pqx Prtdad ve'per Fr. - rx we , ❑❑❑ Ex WON3f.OD� EL 65 ` __ ` � ; \ 3Mn. 0❑❑❑ y � syr.__ ings o ---f-- , Farcy arcy _ t Sr L e I C mvrake lar L& I c �. _J _ ]SA N/F:.mal of .. ,. �. a3 — Henry rraendy \ p Lard hl/F y r •,,e Edw Barron) �Op°�d O e n N o E,F,. / O Gmage Back Fil Marorid To Be r, Surd And Gravel O O In High 5eaeawl Grandworor Irnpro.vl Lot 1 Seplia Fn+tem SHALLOW SYSTEM `al RwF RunoRro be Camirued FF FJ 18 Proposed 3 z 3-9'PaCr LEACHING POOL DETAIL in Guners P,paf ro Drw.eNs ' axle.V4'.T I I t fit- 20 Ta be DemoYaled Lot C—age Proposed '.Ez Frmie - Raaf a Ir Not ro excxd!z I o a Name and Pesch 1,n5 Sf a Ur.7% Garage �- Q'' O Deck 83365fm !.2% S.BD Itq e I ' Tab 1,19$35 or 169% lar Coverage Ezisnvg l I ., I _uerou.re...1_-_-_a, ' SFrc tak I Geroge 4125Fm6% ,, IC ____ _______''' Rape rarme�.n.�rocew+im 10 ' lyprmarnme LaraMn of j Line of llavbala 7 Negldarmg Snrudure �il 1 Top of Wal EI 10.0 ' .. 1 EL 7.1 53 Z \ Torol Lot Area ' 7067.05 SF or 0.16 \ Proposed Reraang W.1 \ -IoArbr Bkdc Wi Loml o I Comae Som BacHfl Wdl to hate M Jar Block W _. _ / - O\ USCG Caosrai Eraeon EI.DaNm \ I 1-6.2 Site Ron Based on Survey by Kenneth M.Woychxk Aporowmme Loranoa of —� Dated 1130/07 Netighborm9 SeO+d Syslem EL 6.6 E 45 \ L4.7 Ez Wood BJkto! 1 U J i LB3 / / ^ Note:All sanitary Installation shall \ E.u•md BAt¢d SCALE com I with the latest Suffolk ' - V,=20' OY I / EAE DWG.NAME. Wumy Department of HEaith \ EL 7.B I - - � � SPS Ex Waad BulOguid - y �9 Services Standards. - ' - � � site Hg^.Wart E.E.D ti � = n Firm Zone AS(EI g)(Pal G4) / sa Na fla a;toou•"` ���zN CPR I�� 1 � � DWG.NO.. Praperry ane FF EIsO - 5 � CESS Betanin,,Wall \ �Sf Orient Harbor / Sanitary Nates \ I / 1. There s nc Public well or sewage system within 1500. (..�. — 1 Elev_92 -� / �/1 Eln.6.0 Ele..'..'' Profile Ee�V.G.4 � Elev.'r.4 Hgr=rue line —� r_4p Eler.4b El.3,0 V G(:F I (li I r MV I IJ i T6S 100 a0 A2� O ��PO � ,• wo 0 17- 00,00, \r _ o b \ � ('�'(lX-ly� o No 4• ��°t .+s�a� �g4. b ,�� sc� •fes ,p I it 6" Y 0 °n r NOTE + IMPROVEMENTS WITHIN TEMPORARY EASEMENT ARE NOT-SHOWN HEREON. SURVEY FOR HENRY TRAENDLY AT BAST MARION DATE DEC.13,1990 TOWN OF SOUTH%D SCALE I" -40' SUFFOLK COUNTY, NEW YORK N0. 90-0903 O UMAUTNORIZCD ALTERATION OR,ADDITION TO THIS SURVIV M A VIOLAryryQpqq OF IECTIRN 7200 Of THE NEW max STATE (WCATION LAW R CO►16f Of TWS SUEVtV NOT Off"We THE LAND t'jt OF Nth, SVRVEVOR`4 INFER SEAL OR EMBOSSED ink. SMALL S A0 MOT BL CON$ID GREDTOKA VALID TRUE COPY NOUARANTELS NIDICATtO NtREON SMALL RUN ONLY TO HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT Tmm PON WHO" THE SURVEY is PREPARED AMD ON NIS 4EMM.F TO THE TITLE COMPANY,OOVIERH- N NEAREST W MAIM MI.! NSOURCE.OF WATER- PRHATE PUBLIC_ M90TAL AGENCY AND 1.61100114 INETITUTI,ON LISTED it N SUFF CO. TAM MA► OIGT I�G,QG-SECTION A L�MOCK.QLL LOT�IL NEAIONr AND TO THE AISJSMUS OF THE L[NDINS NTNEMS ARE NO DWSLLMMIS WITHIN 100 FEET OF THIS PROPERTY IMO 14TUTIOM, OUARAMTELf ARE MOT T1W11Sf�BASLE OTHER THAN T14051 SHOWN. NU1fON. TO ADDITIONAL INSTITUTIONS OR SUEItO R0[NT M THE WATER SUPPLY AMD SEVMt[ DISPOSAL SYSTEM FOR THIS RELJOEMCE OWNERS R OEXISTI G STRUM HEREON FROM A SPECIFIC UNEP WILL CONFORM TO THE STANDARDS Of THE SUFFOLK COUNTY DEPARTMENT TO EXISTING STRUCTURES ARE FOR A f►Etlflt N 4$ A Of HEALTH SERVICE$. PURPOSE AND ARE NOT TO.BE USED TO ESTABLISH APPLICANT, PROPERTY LINES OR FOR THE ERECTION OF FENCES 'Q'0 (QAn0 sut+ ADDRESS TE1. UE YOUNG a YOUNG RIVE HEAD*NWAYORK N-MONUMENT FOUND ALDEN W.YOWNG,PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S:LICENSE NO.12845 HOWARD W.YOUNG, LAND SURVEYOR *TIE LOCATMINOF WU.L(W),SEPTIC TANKIST)SCESSFOOLS(CP)SHOWN HEREON N.Y.S.LICENSE NO.45893 ARE FROM FIELD OBSERVATIONS AND ON DATA OBTAINED FROM OTHERS TELEDYNE POST N0lr9 • �,u SC .�-a0O yy- Oa0 E\P\= ° ry ..,� U��I 3i 3 •w• \F 000 P ate•• ay2i N 15.3 P1J J9 40 •� P �- • 0 6 aEPA �SpO`p\5 `RSP\\ 22 5.23 \ 33 2'S 3• W:. 3 . l L�—_ _ _� i At 31 32 p LI PId - iISom _ • 6 • =1. _ 21 \\£ L6Ptl1 23 . MAIN '° ' 9 \ _ I OV� 0• 03P\c1 R • l 29 4"30 •D • , . - t pP -7- .n Afin a,td '$ \o. iTd. \6 SRT 10 19 \ 166.1• a.• ] 1 2 3 U3 .t P\ /1 ;J • vi ,• af• 9 k pa P s a = \ • l •ZBP\c3 O - 9 w EPe.. •0 yy9 11 9\ 4 d .vw,. (off' Tq', �� '•' " p 4 p \w• '•eP • i y LIP(d to 6ppld O' _ 14 9 T.6PId �i v5 0 \ - 2y-A "T T 1 \ Plc zpl 9 95Plct zo - i - B5T P\d rye• d'e ^� •i .• 7 -O i. 02 Plc\ POS RO S• cJPro rd' r 4 f''O �of0 SEE SfC.N0.132 x vt loD CEMETERY S S /y iR \ MAR/ON LAKE P •° '19.6 P 1.1 ry /2 I O S.2L y t ya w QO: eoa ei b. TOWN OF SOUTHOLD y° a (UNDERWATER LPx01 •, • /O 6 e y. s'' Ay 25 8 '• S b4 u .\b0`F . 2P ° F 1PL • ti 9 n` e 6 '6' ry 'T^ vP .\� O Q'. 0 _ \° •> � SEE SEC. N0. 132 26•'•ryry P P ••^• bry M19P\ Vr,P\ ti° p •, I •O' 6' �; f 1 ryp c\ 9's v' a yyo` h'/p?y ry•"y •' ` R'O '\\P •• 9 Q 9 !yO E. MAR/ON LAKE rFga•a� "� b =6 1 eqi ? 6P 9 aPPt 4^m .I•, 9 F 9 \2`• • ,op'` e. \°`y` =' TOWN OF SOUTHOL OPi wP • ,L'y° O b (UNDERWATER LAND)o_e 'y^ti /JOS i 11 9]I 20D ryP �� 5 ab Ip ...\• \3 © rye a C.59 \P• _ .E 4 P(<I] I\ 9 K / P^ a90 p ',O dM1 \.,^; � J :,a ryb .•'P yi. sae' ue ny v0 ee ' 'r\ _ 'yP s.p\ 6•i •.. °� 21 1n' �.bR • fib. I5 4' [S` 0 v0, `<�TT `'2°•'• ' eeP •ryP UNLE59 DP.\WN OTx ERNISE ALL PROPERTIES 0 SP Q •� , ` 'ry/i,♦•s°b" ' b a $ `.�A,� fC' ARE WRNIN 'RE fOL]E WEP° 019 TRICl9' - t NYDPPNT . P MGlCN L LINE .°ry9 a \\a^ \i� LIRE !ER ^ rJ SEE SEC. ND.038 - a'• PAN.LI.Dal y Oj `\•�/ AAAA 69 PEFV9E • � SECTION ND. \ I COUNTY OF SUFFOLK TOWNOF 30UTHOLI) E Y A}P 0 3 Legend Revisions vlluce DF I .e.R l:.. CwnM Li.. FN•0.ytr.>Lme = -- IITd•°.�Dna nL'•• N--- L6drvcnen L.r N°. Pdl 1 T IOu zD � t°° '°' Real Property Tax Service Agency °n 0..... T LA.= Wx+Onma line \T_—_ Rd..r Om:<.L:T R--- Deed Dr••.n°° 61' t B _GALE IN FEET H. Russell Haase, Dire Uoi DISTRICT NO. (000 m L..Lm. _ vn LH. —__ _ L:d,l a.N:_I L:••. L_—_ BLh N.. li x°led D..e..,a• di', 31 9 �I33 PROPERTY MAP. --- a O d ID Riverhead, L. I., New York elmYlrvi. P°.t pi.N:n Lme —.P - P•me1 N. D D•'d M^ 1]A(d) olo D°h of Cempleli°w eI �_._� YAwI D'unin l:.• _—yN__ 5•w Di.Ai_IL:°• __.5___ T Wivi.m•Bf.&yb. 01) Cd<.Imd Av. 1]A(<1 a II3 - - - - - - - - - - - - - - -EL 74 - _ _ _ Dark Brawn Loam 12 The She Plan Is based on Survey by Kenneth M. \Noychuck, LS Locking Casting at Greed Cearse Sand 4 Gravel dated 1/3/p7 last reviolon 3/20/07 �A`Y 5 shown are from field obeervatlons and or bola Locate Drop"T'Under obtolned from others. Access far Malntenoncs 8.2 Water Level Located — n11 10' Water Iln Coarse Sand¢Graof Pavementvel v v -- \ \ j ECCE ,6.2• / ; Main Road (SR 25) FEB l B 2008 Lir Boring By McDonald Geosclence 5/10/07 X u Buaudhholtl B'-4" , / ;s G \ '` n!(rust es Edge of pavement ( 1000 Gal Septic Tank Detail a ' Scale 1/4"= T Concrete Ct�L w 1 ' Fnah2d Grode proposed YJell ' I ' 5.00' ,' � '� ` n &" Da.Approved rEx. Well Plpe PiYched 1/9" psr F+.`_ _ _ 'Ex.WellEL 8.5 - �S- - 256.21' \ � IltLac. Proposed3Mln.CollorPervousSCTMIStockade Fence I DwYjn . - - u / Improved Lar !`'�O' , L La 1 I 43 Land N/F of \ O Henry Troendly 1 9' W E; I (, Land N/F of 43 I l I s Min.3' Improved Lot l E: Septic Sys Pem SHALLOW SYSTEM Z in v, W N Edward Burton O In reposed EL 8 eslde las I U1 I p Eu. Frame r 1 p L10(13 WGarage I ,rr Back Fill Ma+erlai To Be Clean Sand And Gravel Uj K .` High Seasonal Groundwater W� OI Q IFEI15. 11 m i\`I Proposed 3'x3'-9" PordU 1 LEACHING POOL DETAIL Q rn W v` I m I Beale:1/4"=1' p] O f-, To be Demolished _ a Lah Coverage Proposed . Ea Frame I IIF House and Porch 1,115 Sf or 15:7% Garage J o Deck 83.35 5f ol- 1.2% EL 9.0 CAP BLOCK SLOPE MAY VARY 7 Install(2)8'Dlam by 6'Deep Paob- n I I I fl Total 1.199.35 or 1699. I .. EL Install new 1000 go Lor Coverage Evlsfing eep+lc tank 1 DIAMOND BLOCK-- 12 I \ \ q W Garage 412 SF or 6% N � _ _ _ + e 2.65'- - - I 1 H —12 INCHES OF FREE Raise Gradto Elevation 10 O.6"V DRAINING AGGREGATE Approximate Location of E 7 Neighboring Structure �I Llne of Haybales I 1 1 EL 1 Top of Wall EI 10.0 4" DIA DRAIN 11LE (EL VARIES)� I ' I \/� O \ Total Lot Area I N / 6 G" MINIMUM COMPACTED 7087.05 SF or 0]6 AcresL 7 I I �� ��,2''0" LEVEL I GRANULARBASE W O � \ Proposed Retaining Wall N @ o ANCHOR N G' H O h DIAMOND O ,ru Modular Block W/Local (°` R � Iti''/>V I7Y WALL Coarse Sand Backfill l9 VVY (SCALE: 3/S"= 1 '-C") Wall to have Modular Black I I N \ Smalrs Coastoi Erasion Llne R O EI.Datum USCG 1 I O H Approximate LocaHan of � ——- _ L 62 / Slte Plan Based on Survey by Kenneth M. Woychuck ° ° w y. Neighboring 5ep'h'c System EL " / Dated 1/30/07 A q \ � 4s � B Q -L'I , Ex. cod Bulkhead I Nate:All sanitary Installation shall \ Ex Wood Bulkhead I EL 82 SCALE comply with the latest Suffolk I I County Department of Health I _ _ ,� �i� 1" =20' \ C-L 7.8 I _ ! ( -/ DWG NAMP Services Standards. Er.Wood Bulkhead Op N W Mean High Water EL 3.0 HnI, G' Flrm Zone AE (EI 9) (Panel 64) {�I Property Line FF EI 15.0 \ � c" / �, '+ ' qrl Retaining Wall \ �,'I. 2� Orient Harbor / F2 No, 0710U`O e„` DWG NO i \ 5 / Sanitary Notes sFa PROFESslrlw Elev.8.0 Elev.9.2 1. There Is no public well or sewage system wlt'hln 1500'. Elev.7.1 Jr "10 Elev.7.4 Profile Elev. ".4 High Frde Llrc EI. 3,-1 PAGE t OP 1