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HomeMy WebLinkAbout6418 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° I~O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First 151oor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hup://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIYED FINDINGS, DELIBERATIONS AND DETERMINATION ACt/? . ~ ~ ~ ^ .' MEETING OF OCTOBER 7, 2010 ~~.~ Southol l ¥own lcrk ZBA Application No.: 6418 Applicants/Owners: Douglas Slama and Nancy Schrank Property Location: 355 and 405 Robinson Rd, Peconic, NY SCTM#'s:1000-98-5-9&10 Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 20,426 square feet (1000-98-5-9) from an adjacent improved land area of 22,134 square feet (1000-98-5-10), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10(A), determining the properties have been merged. The Zoning Board of Appeals held a public hearing on this application on September 23, 2010, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged consequent to the death of the owners. There have been no transfers of ownership to an unrelated person or entity since the time merger was effected. Letters Testamentary issued April 15, 2010 left both lots to siblings Douglas Slama and Nancy Schrank. Mr. Slama wishes to live in the home while, Ms. Schrank has requested fee title to the vacant parcel. Pursuant to §280-11, the Zoning Board finds that 1. The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood. The Subdivision of Peconic Bay Oaks was created in 1961. The applicant's attorney provided a copy of the filed subdivision map which shows the average lot at 20, 000 square feet. The two subject parcels are both conforming with lot #16/10 at 22,134 Sq. Ft (improved) and lot #9/17 (unimproved) at 20,426 sq. ft.. 2. The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The improved lot was purchased in 1964 and the vacant lot was purchased in 1965. The vacant lot has remained in its natural state since the time of purchase. Page 2 - October 7, 2010 ZBA File#6418 - Slama/Schr~nk CTM: 1000-98-5-9&10 The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: This subdivision is approximately 95% built out. In fact, the attorney for the applicants indicated that only four remaining lots out of 25 are unimproved. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Goehringer, seconded by Member Schneider, and duly carried to Grant the Waiver of Merger as Applied For Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Homing by telephone, no voting rights) This Resolution was duly adopted (4- o). Leslie Kanes Weisman, Chairperson Approved for Filing /t~(/~/2010 $outhold Town Clerk INDIAN OF SURVEY LOTS 16 & MAP OF PECONIC BAY OAKS FILE No. 3434 FILED OCTOBER 18, 1961 ~ITUA TE NECK - PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-98-05-09 S.C, TAX No. 1000-98-05-10 SCALE 1"=20' JULY 1, 2010 JULY 21, 2010 ADD CLEARING LIMIT TOTAL AREA = 42,560 sq, ff. 0.977 ac. AREA DATA S.C. TAX No. 1000-98-05-09 20,426 sq. ff. 0.469 cc. %Or S.C. TAX No. 1000-98-05-10 22,154 sq, ff. 0.508 ac. ~LOr TOTAL 42,560 sq. fi. 0.977 CEi~T£FIED TO. DOUGLAS SLAMA NANCY SCHRANK 6¢~¢ ',AU6 [ i~ ~4:),~© O '0 THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N,Y.$, Lie. No, 50~67 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fax (631)727 ~727 30-15 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RECEIVED BOARD OF APPEALS TO: Deborah Doty for D Slama & N Schrank P O Box 1181 Cutchogue, NY 11935 Date: July 14, 2010 Please take notice that your application dated June 28,2010 For a merger determination at Location of property 355 Robinson, Peconic, NY Tax Map No. 1000 - Section 98 Block 5 Lot 10 & 9 Is returned herewith and disapproved on the following grounds: The subject lots 98-5-10 & 9 have merged pursuant to Article Il, Section 280-10(A) 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 adiacent lot is one which abuts with parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total+- lot size conforms to the current bulk schedule requirements." / Authorized Signature CC: File, Z.B.A. RECI:.~VED FOR OFFICE USE ONLY DATE ASSIGNED/ZBA FILE # &~'~[~ FEE $ FILED BY: OFFICE NOTES: 130ARD OF APPEALS WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALSl THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED JULY 14, 2010 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED JUNE 28, 2010 under Town Code Chapter 280 (Zoning), Article II, Section 280-10(A) for: · Building Permit [] [] Certificate of Occupancy [] [] Other Permit for As-Built Construction Pre-Certificate of Occupancy Owner of Parcel for Waiver: Douglas Slama & Nancy Schrank, as Executors and legatees under the Last Will and Testament of Bertha V. Slama, surviving tenant by the entirety Owner of Adjacent Parcel: Same Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: c/o Olsen & Olsen, LLP, PO Box 706, Cutchogue, NY 11935 Telephone No.: 631-734-7666 FAX/E-mail: 631-734-7712 Agent for Owner: Deborah Doty, Esq., as attorney for Owner Address: 670 West Creek Avenue, PO Box 1181, Cutchogue, NY 11935 Telephone No. :631-734-6648 FAX/E-mail: 631-734-7702 Please specify who you wish correspondence to be mailed to, from the above: [] Owner · Authorized Representative I (we), Douglas Slama & Nancy Schrank, as Executors and legatees, request that the Zoning Board of Appeals waive the merger and recognize the original lot lines under the provisions of Article II, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for Suffolk County Tax Map District 1000, Section 98 Block 5 Lot 9 containing 20,426 square feet (.47 acre) located at//405 Robinson Lane S;rccr, and for District 1000, Section 98 Block 5 Lot 10 containing 22,134 square feet (.508 acre per survey; .509 acre per Town records) located at #355 Robinson Lane Strcct. The property is located in the R-40 Residential Zone District. ADDITIONS TO ZBA FORM APPEAR IN BOLD TYPE; DELETIONS ARE INDICATED BY gT P..' :~E ~VER. RECEIVED BOARD OF APPEALS The lot to be unmerged was originally created by "Map of Peconic Bay Oaks, situate at Indian Neck, Peconic, Town of Southold, Suffolk County, New York, owned and developed by Henry J. Smith and Stella M. Smith, Peconic, New York" and filed in the office of the Clerk of Suffolk County on October 18, 1961 as Map No. 3434 and subsequent deed dated 9/12/1964, is vacant, and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The lot to be unmerged has not been transferred to an unrelated person or entity since the time the merger was effected. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is comparable in size to the majority of the improved lots in the neighborhood because: (a) Subject lot #9 is comparable in size to the majority of the lots laid out on the "Map of Peconic Bay Oaks." See subdivision map attached. (b) Lot #9 also is comparable in size to the majority of the lots on Robinson Lane. Of the 25 parcels on Robinson Lane, 18 parcels (including lot #9) have an area of between .58 and .42 of an acre. SLAMA - ROBINSON Lane NEIGHBORHOOD Descending order of size; acreage per Assessors' records SCTM 1000-98 ACREAGE USE ! 5-2 1.76 WSFD 2 5-1 1.24 WSFD 3 5-6 .95 SFD 4 4-24 .87 WSFD 5 4-28.1 .87 SFD 6 4-29 .80 SFD 7 4-31.1 .69 SFD 8 4-39 .58 SFD 9 5-12 .57 RES. VAC. 10 4-36 .54 SFD ! 1 4-34 .52 SFD 12 4-35 .52 SFD 13 4-37 .52 SFD 14 4-38 .51 SFD 15 5-10 .509 SFD 16 5-11 .50 SFD Combination of subdiv, lots 20 & 21 Lot line change &/or combination of lots Lot line change &/or combination of lots Lot line change &/or combination of lots Page 3 - APPLICATION FOR WAIVER TO UNMERGE PROPERTY 17 4-32 .50 SFD 18 4-26.1 .49 SFD 19 5-9 .47 RES. VAC. 20 5-5 .46 SFD 21 5-7 .46 SFD 22 4-33 .46 SFD 23 5-4 .45 RES. VAC. 24 5-8 .44 SFD 25 5-3 .42 RES. VAC. EIVED I~OARD OF APPEALS Lot line change &/or combination of lots (b) Eight lots are unusual to the overall subdivision plan for the neighborhood. Two of the waterfront lots (#1 & #2) were already improved at the time of the subdivision and were not part of the subdivision. Those lots are the two largest parcels on the street. The third largest parcel (#6) is a combination of two subdivision lots. Lot #24 also is a waterfront lot. The areas of four other subdivision lots were modified as a result of lot line changes and/or combination of subdivision lots. (c) When the eight lots discussed in ¶(1)(b) are removed from the list, the size of the subject lot #9 is comparable to the size of the majority of the improved and unimproved lots in the neighborhood. SCTM 1000-98 ACREAGE USE 1 4-39 .58 SFD 2 5-12 .57 RES. VAC. 3 4-36 .54 SFD 4 4-34 .52 SFD 5 4-35 .52 SFD 6 4-37 .52 SFD 7 4-38 .51 SFD 8 5-10 .509 SFD 9 5-11 .50 SFD 10 4-32 .50 SFD 11 5-9 .47 RES. VAC. 12 5-5 .46 SFD 13 5-7 .46 SFD 14 4-33 .46 SFD 15 5-4 .45 RES. VAC. 16 5-8 .44 SFD 17 5-3 .42 RES. VAC. (2) The waiver would recognize a lot that is vacant and has historically been treated RECEIVED Page 4- APPLICATION FOR WAIVER TO UNMERGE PROPERTY ZBA # ~z:P ? ~ BOARD OF APPEALS and maintained as a separate and independent residential lot since the date of its original creation because: (a) Vacant lot//9 was purchased as a separate lot by Stanley Slama and Bertha V. Slama by deed dated 7/3/65. Mr. & Mrs. Slama already had purchased lot//10 by deed dated 9/12/64. Pursuant to building permit dated May 11, 1966, Mr. & Mrs. Slama built their residence on lot //10 leaving //9 undisturbed. (b) Lot//9 has remained vacant and wooded since it was purchased in 1965. The parcel is totally overgrown with trees, bushes, vines, etc. There has been no effort to clear the land or to use it. It has remained fallow for over 45 years. (c) The Town of Southold has treated the lots as separate and independent lots since 1961 when they were created in the "Peconic Bay Oaks" subdivision. The Town continues to issue separate tax bills for the two parcels. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: (a) Only four of 25 lots on Robinson Lane are vacant. The remaining 21 lots are improved. (b) One of the four vacant lots is the subject lot//9. Two of the vacant lots (//3 &//4) are smaller than subject lot//9. They currently are held in single and separate ownership from the adjoining lots. Lot //12 is located at the entrance to Robinson Lane and may have merged with adjoining lot Please check one or more of the following that apply to the lot to be unmerged: · The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983 and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. See Southold Town Code §280-9A(1). [] The lot was formerly approved by the Southold Town Planning Board on (attach copy). [] This lot was approved or shown on a map approved by the Southold Town Board during 19__. [] This lot was approved by the Board of Appeals on _ (please attach). [] A search of Town records found no approvals or other action by the Town of Southold, except for Application//_ in the year _ (please attach copy). RECEIVED Page 5 - APPLICATION FOR WAIVER TO UNMERGE PROPERTY ZBA # ~0 q/ BOARD OF APPEALS · A search of Town records found a Certificate of Occupancy #Z13170 was issued 1/24/1985 for a private one family dwelling (temporary C/O//3170 dated 8/21/1068 for a private one family dwelling also is in the file) or other purpose on SCTM # 1000-98-5-10 (please attach copy). (Attach additional sheets if needed). oty, as attorne~for Owners of Parcels #1 & #2 Sworn to before me this ~ day of August, 2010 Notary Public DEBORAH DOTY ATTORNEY AT LAW 670 WEST CV,~EK AVENUE P.O Box 1181 CUTCHOGUE, NY 1 I935-0876 Fax 631-734 7702 631-734-6648 RECEIVED ;~OARD OF APPEALS August 16, 2010 BY HAND Southold Town Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Slama/Schrank - Waiver of Merger 405 & 355 Robinson Lane, Peconic, NY (SCTM # 1000-98-5-9 & 10) Appl. #6418 Dear Members of the Board: As requested, enclosed please find the original and six copies of the Applicant Transactional Disclosure Forms which have been signed by the owners and me. Very truly yours, Deborah Doty DD:bdr ZB^ App. # 6418 T~N APPLICANT SACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town office~ ~ 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: Douglas Slama 8, Nancy Schrank (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) RECEIVED NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Other Activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Waiver of Merger BOARD OF APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship w/th any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or iris or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity' (when the applicant is not a corporation); C) an off~cer, director, parmer, or employee of the applicant; or D) the actual applicant. DESCR~TION OF RELATIONSHIP Submitted this~ ~?~ay)~ Augus t, 2010 ~ Signature:Jr,. ~t~5i-~ q~r~JtLc {~-{- . [J Prim Name: D~,~slSlanla & Nancy '~c~hC[~ank~'r's~/"-- ZBA ~p15~ ~ 6418 t~ APPLICANT ~SACTIONAL DI$CLOSUR~ FORM ~EC~.:JVEI~ (FOR SUBmISSiON BY OWNER ~ 0~NER'S ^GEN~) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town office~ ~ and employees. The purpose of this form is to provide information, which can alert the To~D OF APPEALS possible conflicts of interest and allow it to take whatever actmn is necessar~ to avoid same. YOUR NAME: Deborah Dory (Last name, first name, middle imtial, u~less you are applying/m the name of someone else or other entity, such as a cornpany. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Other Activity: Change of Zone Approval of Plat Exemption fi.om Plat or Official Map Other Waiver of Merger Do you personally, (or through your company, spouse, sibhng, 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 parmemhip, in which the Town off~cer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) an~or deschbe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the o'~mer of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, d/rector, partner, or employee of the applicant; or _ D) the actual applicant. DESCRIPTION OF RELATIONSHIP SS~;d. this ,11 t h.~daY ?_ ^ugus t, 2010 Print Name: Deborah Dory APPLICANT SACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town 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: Douglas Slama & Nancy Schrank (Last name, first name, middle imtial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Other Activity: Waiver of Merger Change of Zone Approval of Plat Exemption bom Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of tiffs form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): . A) the owner of greater than 5% of the shares of the corporate stock of the apphcant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an off~cer, d/rector, partner, or employee of the applicant; or D) the actual applicant. DESCRI]?TION OF RELATIONSHIP SubmiRedtMs 10th dayof August, 2010 PrintName:Oeborah Doty, Esq., as attorney for Douglas Slama & Nancy Schrank RECEIVED QUESTIONrNAIRE FOR FILING WITH Z.B.A. APPLICATION BOARD OF APPEALs Is the subject premises listed on the real estate market for sale? [] Yes [] If yes, check if applicant is the Contract Vendee ~ No Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain beach sand or wetland grasses? no 2) Are these labeled on the map submitmd with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for a permit or other determination/jurisdiction? Please eonfn-m status of your inquiry or application with the Trustees: -- If issued, please attach copies of permit w/th conditions and approved map. Is there a depression at or below five feet above mean sea level, or sloping elevation near the area of proposed construction? Please descnt)e: n/a Are there any patios, concrete barriers, bulkheads, riprap or fence that exist and are not shown on the survey map that you are submitting at this time?, no (Please show area of these structures on a diagram or survey map (or state "none" on the above line, ffthere are none.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? yes If yes, please label the proximity of your lands on your map with this application, adjacent lot 1000-98-5-10 H. Please list present use or operations conducted at this parcel r,-~4 d an tl al vacant land and proposed use resJ_dent±al vacant land (examples: existing: single-family; proposed: same with garage or pool, or other description.) ,,'~-.~"~08/10/2010 Authorized Signatu~-eandDati~s~..-.~ ~ Deborah Dory, Esq., as attorney for owners 2/05; 1/07 r- RECEIVED LOT WAIVER OUEST[ONNATRF BOARu.~/,,~PEA LS What are the square footage and dimensions of this tot (subject of building department merger application): ~ s.f. __ ft. by ~. +- ft. Date of first deed which created this lot: July 3, 1965 July 3, 1965 Date of current deed to present owner: Owners' names of lot at current time: ..Douglas Slama & Nanc)L Schrank Date and name of subdivision (if any): Map of Peconlc Bay Oaks Size of remaining lot in the merger: 22'134 s,f. Were there any building permits issued in the past for this lot: Yes ]:f yes, please provide copy of former permit and map approved. NO ¸× W .,.ere there any County Health Department approvals in the past for either lot? Yes×× No ___ ff yes, nlease provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes. No x ,. If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the proPerty in any way)? Yes No x If yes, please provide copy (if available), or explain: Is there any building or structure, sucl~ as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. × Yes __ If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? 3 Please note other approvals or other information about common ownership of these lots: see application I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: 8/i0/2010 ZBA S/2 7/ g9 Owner's Signature Deborah~oty, Esq., as attorney for owners DEBORAH DOTY ATTORNEY AT LAW 670 WEST Cm~EK AWNU~ P,O Box 1181 CUTCHOGU~, NY 11935-0876 F^x 631-734-7702 631-734-6648 RECEIVED BOARD OF APPEALS BY HAND August 10, 2010 Southold Town Zoning Board of Appeals 53095Main Road PO Box 1179 Sonthold, NY 11971 RE: Slama/Schrank - Waiver of Merger 405 8,: 355 Robinson Lane, Peconic, NY (SCTM # 1000-98-5-9 & 10) Dear Members of the Board: I represent Douglas Slama and Nancy Schrank who are the Executors and legatees under the Last Will and Testament of Bertha V. Slama, surviving tenant by the entirety. Enclosed please find the original and six of the following: (a) Application for a Waiver under section 100-26, (b) Notice of Disapproval from the Southold Building Department and consent from owners, (c) the survey, (d) the single and separate search, (e) the current and only deeds to the two parcels, (t) the Questionnaires, (g) Transactional Disclosure Form, (h) the property cards, (i) the subdivision map, (j) the relevant portion of the tax map, (k) the relevant page of the tax rolls, (1) the Certificate of Occupancy and Health Department approval, and (m) check #1718 in the amount of $150.00 for the filing fee. Encls. cc: Douglas Slama and Nancy Schrank Building Department (application only) DD:bdr Respectfully submitted, Deborah Dory RECEIvEG BOARD OF APPEALs Deborah Dory, Esq. 670 West Creek Avenue P.O. Box 118! Cutchogue, NY 11935 SCTM //1000-98-5-10 & 9 405 & 355 Robinson Lane, Peconic, NY Dear Deborah: We, Douglas Slama, residing at 303 Walker Way, Newark, DE 19711, and Nancy Sct~rank, residing at 1309 Stonehaven Drive, West Lim~, OR 97068, as Executors and legatees under the Last Will and Testament of Bertha V. Slama, the owners of the above-referenced premises, hereby authorize you to sign all applications to the Town of Southold and/or other governmental authorities in connection with building permits, certificates of occupancy, variances and/or waivers of merger with respect to said property. V~ tru~ you~rs,~, ?ffSlaVa H8~ 20 20]0 3:35PH HP LRSER..qET FRX RECEI'VED p. 1 BOARD OF APPEALS Certificate,// 16392 SURROGATE'S COURT OF THE STATE OF NEW YORK SUFFOLK COUNTY File#: 2010-1016 CERTIFICATE ,OF APPOINTMEN~ ,OF EXE(~UTOR(S) IT IS HEREBY CERTIFIED iha't Letters in the ~the Decedent named~be~ow nave been granted by this court as follows: _~i~ Name of Decedent: Bertha V~ $Iama . aka Bertha~er~n aa S amA--: Domicile of Deceden[: ~ounty of}~_~i-~%~::' ~:~=- .:: ..~::~ ~:_-_ '~ ' Douglas ~lama'~ Fiduciary Appointed: ~V~ay.i}ii?,::...~;::~;~,. _:,%_ Mailing Address: ' 803 Wal Date,of Death: November 29, 2009 Type of Let[ers Issued: :.:.LETTERS T Letters Issued On: April 1-$~2010 .-, _.~._ ~-,':':., :, ~ '-'~ · Limitations: . and such Letters are unrevoked and inTfuJl~-forceas c~fAhis~a~eb Dated: April 15, 2010 Nancy Schrank ,~ 309 ~;tonehaven Drive 'Wesf Linn OR 97068 IN TESTI'MONY WHEREOF. I have hereunto set my hand and affixed the seal of the Suffolk County Surrogate's Court at Riverhead, New York. WITNESS, Hon. John M Czygier Jr, Judge of the Suffolk County Surrogate's Court. Michael Cipollino, Chief Clerk Suffolk County Surrogate's Cour[ This Certificate is Not Valid t4.fthout the Raised Seal of the Suffolk County Su~'ogate's Court TITLE NO.: 3810-95110 "SEE KEY CONTACT SHEET ATTACHED FOR ADDRESS/PHONE" VARIANCESEARCH RECEZVED 8OARD OF APPEALs COITNTY OF SUFFOLK } }ss STATE OF NEW YORK } THIS IS TO CERTIFY THAT DOUGLAS SLAMA AND N]ANCY SCHRANK, AS EXECUTORS OF THE LAST WILL AND TESTAMENT OF BERTHA V. SLAMA, WHO DIED 11/29/09, ARE THE OWNER(S) OF RECORD OF LOTS 16 A-ND 17, HAP OF PECONIC BAY OA/(S FILED 10/18/61, HAP NO. 3434 DIST. 1000 SEC. 098.00 BLOCK 05.00 LOT 009.000 ~.ND 010.000 THAT THEY ACQUIRED TITLE THERETO BY LETTERS TESTAMENTA~RY ISSUED 4/15/10; THAT WE HAVE MADE A SEARCH OF THE RECORDS OF THE SUFFOLK COUNTY CLERK AND/OR REGISTR3kR'S OFFICE, A/YD THAT SAID SEARCH SHOWS THAT NEITHER THE SAID OWNER NOR ANY PREDECESSOR IN TITLE OF TEE SAID PREMISES OWNED CONTIGUOUS PROPERTY AT A-NY TIME SINCE 1/1/83 EXCEPT AS FOLLOWS: NONE THAT THE APPLIC/kNT HEREIN DOES NOT OWN AMY CONTIGUOUS PROPERTY EXCEPT AS FOLLOWS: NONE THIS CERTIFICATION IS MADE WITH THE INTENTION OF THE RELIANCE THEREON BY THE BOA-RD OF APPEALS AND/OR BUILDING DEPARTMENT OF THE TOWN OF SOUTHOLD. THE LIMIT OF LI~-BILTY ErA/DER THIS CERTIFICATE, FOR /kNY REASON WHATSOEVER, WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED $25,000.00, AND SHALL BE CONFINED TO THE APPLICANT TO WHOM THIS CERTIFICATE IS ADDRESSED, OR THE COUNTY OF SUFFOLK.  T~tEY PUBLIC, SUFFC~K COLrMTY, ~ No. ~7302~, S;;~O~( County CBICAGQCCL!.IbE INSURANCE COMPANY BY ~ 'B~'~CE ~'.~/~RTLLIPS SR.//' - SENIOR TITLE OFPICER (631) 284-2406 ~ECE~VED VARIANCE SEARCH (Continued) TITLE NO.: 3810-95110 P/O SUBJECT PREMISES: DIST. 1000 SEC. 098.00 BLOCK 05.00 80ARD OF APPEALS LOT 009.000 (MAP LOT 17) DEED HENRY J. SMITH A/ND STELLA M. SMITH, HIS WIFE TO ST~-NLEY SLJkMA A~qD BERTHA V. SLAMA, HIS WIFE DATED: 7/3/65 RECORDED: 7/12/65 LIBER 5777 PAGE 481 STANLEY SLAMA ,.TR. ALSO KNOWN AS STANLEY SLAMA DIED 5/17/01 LEAVING BERTHA VERONICA SLAMA ALSO KNOWN AS BERTHA V. SLAMA BERTFLA V. SI~4A DIED 11/29/09 LETTERS TESTAMENTARY ISSUED 4/15/10 TO DOUGLAS SLAPLA AAID NANCY SCHRANK (CHILDREN OF DECEASED). LAST OWNER OF RECORD P/O SUBJECT PREMISES: DIST. 1000 SEC. 098.00 BLOCK 05.00 LOT 010.000 (M3~P LOT 16) DEED HENRY J. SMITH AlqD STELLA M. SMITH, HIS WIFE TO STANLEY SLJkMA AND BERTHA V. SLAMA, HIS WIFE DATED: 9/12/64 RECOPdDED: 9/14/64 LIBER 5613 PAGE 218 STA/~LEY SLAMA ~R. ALSO KNOWN AS STANLEY SLAMA DIED 5/17/01 LEAVING BERTKA VERONICA SLAMA ALSO KNOWN AS BERTHA V. SLAMA BERTHA V. SLAJMA DIED 11/29/09 LETTERS TESTAMENTARY ISSUED 4/15/10 TO DOUGLAS SLAMA AA!D NkNCY SCHRANK (CHILDREN OF DECEASED). LAST OWNER OF RECORD *** CONTINUED *** ~ECE~VED TITLE NO.: 3810-95110 VARIANCE SEARCH (Continued) ~OARD OF APPEALs PREMISES ON NORTE: DIST. 1000 SEC. 098.00 BLOCK 05.00 LOT 011.000 (MAP LOT 15) DEED HENRY J. SMITH AND STELLA M. SMITH, HIS WIFE TO JOHN A. GIGLZO AND ROSE MARY GIGLIO, HIS WIFE DATED: 10/25/63 RECORDED: 10/31/63 LIBER 5444 PAGE 120 NO PROOF OF DEATH OF JOH/~ A. GIGLIO FOUND IN SUFFOLK COI/NTy DEED ROSE MARy TO GLORIA R. WALTER J. DATED: RECORDED: GIGLIO GESLAKAND CARROLL, TRUSTEE OF THE ROSE MARY GIGLIO REVOCABALE LIVING TRUST 4/1o/oi s/3o/oz LIBER 12120 PAGE 934 ROSE MARY GIGLIO DIED 3/1/03. RELEASE OF TRANSFER TAX LIBER 12343 CP 663 RECORDED 9/16/04. DEED GLORIA R. GESLAK AND WALTER J. CARROLL, TRUSTEE OF THE ROSE MARY GZGLIO REVOCABALE LIVING TRUST TO GLORIA R. GESLAK DATED: 9/15/04 RECORDED: 9/16/04 LIBER 12343 PAGE 667 LAST OWNER OF RECORD PREMISES ON EAST: DIST. 1000 SEC. 098.00 BLOCK 05.00 LOT 013.000 DEED EDWARD W. WOOD JR. AND PATRICIA L. WOOD, HIS WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP TO PATRICIA L. WOOD DATED: 3/15/74 RECORDED: 4/23/74 LIBER 7624 PAGE 562 TITLE NO.: 3810-95110 VARIANCE SEARCH (Continued) DEED PATRICIA L. WOOD TO STEVEN KRAMER, AS TRUSTEE OF THE WOOD FAMILY 2008 IRREUOCABALE TRUST DATED: 10/6/08 RECOPdDED: 12/11/08 LIBER 12574 PAGE 620 DEED STEVEN KRAMER, AS TRUSTEE OF THE WOOD FAMILY 2008 IRREVOCABALE TRUST TO EDWARD W. WOOD III DATED: 4/15/09 RECORDED: 5/14/09 LIBER 12588 PAGE 118 DEED EDWARD W. WOOD III TO SYLVIA SAFER DATED: 6/11/09 RECORDED: 6/19/09 LIBER 12591 PAGE 358 LAST O%FNER OF RECORD PREMISES ON SOUTH: DIST. 1000 SEC. 098.00 18) DEED HENRY J. SMITH AND STELLA M. SMITH, HIS WIFE TO JOHN SISINO AND JACQUELINE SISINO, HIS WIFE DATED: 1/3/66 RECORDED: 1/4/66 LIBER 5888 PAGE 228 NO PROOF OF DEATH OF JACQUELINE SISINO. JOHN C. SISINO DIED 6/4/91 BLOCK 05.00 LOT 008.000 (MAP LOT VARSCH2C 8/06 ~ECEIVED TITLE NO.: 3810-95110 VA~IANC.;k ~I:AI'~L31M (L;ont~nueo) BOARD OF APPEALs DEED DEBOR3Ed SCHULE AATD DANIELLE STP~AUSS. AS EXECUTORS OF THE L~ST WILL AND TESTAMENT OF JOHN C. SISINO, DECEASED TO DEBOP~AZq SCHULE, DAiqIELLE STRAUSS, CHRISTOPHER SISIN0 ~dkTD JOHN KERRY SISIN0 DATED: 8/21/92 RECORDED: 10/9/92 LIBER 11553 PAGE 277 LAST OWNER OF RECORD PREMISES ON WEST: ROBINSON LA~E ]RECEIVED BOARD OF APPEALS RECEIVED ~OARD OF APPEAL~ RECEIVED ~OARD OF APPEALS RECEIVED SOARD OF APPEALS BOARD OF APP~A~ S RECEIVED RECEIVED RECEIVED 8OARD OF APPEALs FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall $outhold, N.Y. RECEIVED BOARD OF APPEALs Certificate Of Occupancy Jan. 24 No.......Z13170 ........... Date ................................. 19.8..5 THIS CERTIFIES that the building ....... .Iq.e?...D.w.e.1,1..J..n.q. .......................... Location of Property ... 3. .5.5 ................ .R.o,b.J: .n.sp.n...L.a.n.e, ........... P,e. ,c.o~} .c ...... House No. Street Hamlet County Tax Map Ho, 1000 Section .... 0.~.8 ..... Block .... 0..5 .........Lot ...0. Z..0 ........... Subdivision ........ ?.e.c. 9.n.L.q..B.ay..Q.a.k.e.~...Filed Map No .........Lot No. 16 conforms substantially to the Application for Building Permit heretofore filed in this office dated .... ?l.aX ...... ~..1 ......19 .6.6. pursuant to which Building Permit No ........ 3. .0.8.5.Z. ........ dated ....... .t3. a. y' . .1.1. ............ 19..6.6, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which tiffs certificate is issued is ......... .... p.w.e)..%.n.q ........................................... Tile certificate is issued to .................. .S.T..h~...L,.E.Y...S.~..~.. ......................... (owner, ~:see:,~=~ne~# of the aforesaid building. Suffolk County Department of Health Approval ...A.p.p:..R.o..bgK~ . .V.i.l.l.a...h.u.q: .1 ~. ,.1. 9. .6 .8 ..... UNDERWRITERS CERTIFICATE NO. bl 6 7 5 0 6 8 Building Inspector Rev. 1/81 ~ECEIVED S-9 SCHD I~OARD OF APPEALS SUFFOLK COUNTY DEPARTMENT OF HEALTH Date Bldg. Permit No. TO WHOM IT MAY CONCERN: //~he sewage disposa~ities for a structure (Give deed location) located have been inspected by this department and found to be satisfactory. District Engineer ~ECE[VE~ / ? / OWNER FORMER OWNER LAND SEAS. IMP AGE NEW' NORMAL vu~// TOTAL 5 '~ b// FARM i,"~ BUILDING CONDITION BELOW ABOVE Value Per Value Ac re OF $OUTNOLD PROPERTY RECORD CARD VU-L4GE --~ · ~ SUB. LOT ~? ,¢7o I W TYPE OF BUILDING Mkt Volue COMM. CB. MISC. REMARKS FARM Acre Tillable 1 Tillable 2 Tillable 3 Woodland FRONTAGE ON WATER Swampland Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK TOWN OF SOUTHOLD ~ROPERTY RECORD CARD -~..-~_ _ ~, OWNER STREET TYPE OF BUILDING "/,/, NOR~A.L B~LOW ~ ~rABOVE FARM //Acre 9~l~'~rT Zg~u~ - Tdloble 2 ' Tillable ~oodlond Swamplond FRONTAGE ON WATER ,/ erushland FRONTAGE ON ROAD / House Plot DEPTH ~ ~ Total DOCK COLOR M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total J Zoundation ~?.~:'~- ~ ~Basement Ext. Walls Fire Place Type Roof Recreation Roon Dormer Driveway Bath :Joors Interior Finish Heat Rooms Ist Floor Rooms 2nd Floo~ Dinetle LR. DR. BR. FIN. B. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ Examined _, 20__ Approved_ .20.__ Disapproved a/c PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need 01e £ollowh~g, be£ore ,pplymg? Board of Healtl\__ __ 4 sets of Building Plans plannmg Board approval Survey Cheek Septic Form___ __ N.Y.S.D.EC __ ---- Trustees Contact: Deborah Dory, Esq. Mail to: 631-734-6648 Phone: Expuation ,20 --  Building Inspector ATION FOR BUILDING PERMIT INSTRUCTIONS [~~lled fll by typewriter or i,l mk plan to scale. Fee accordfllg to schedule. June 24 2010 m~d submitted to the Building Inspector with 3 sels of plans, b. Pier plan showing location of lot and ofbuildh~gs ou premises, relationship to adjoh~i~g premises or public slreels or areas, and waterways. c The wo~k covered by fids application may not be commenced before issumtce o£ Building Permit. d Upon approval of this application, the Building h~spector will issue a Buildh~g Pemfit to the applicant Such a permil shall be kept on the premises available for inspection tluoughont lhe work. e. No building shall be occupied or nsed in whole or in part for rely pttrpose what so ever until the Btulding Inspector issues a Certificate of Occupm~cy. f. Every bnildhlg permit shall expire if the work anfllorized has not conunenced witlfin 12 months after the date of issuaace or bas not been completed wifim~ 18 months from soch date. If no zoning mnendments or other regulations a:ffectiag file property have been eoacted fll tile interfln, file Bnilding Inspector may authorize, hl writh~g, file extension of the permil for an addition six months. ThereaFter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Buildh~g Deparmaent fei' fl~e issumace of a Building Permit pursaant to Ihe Building Zone Ordinance of the To,mi of Southold, SuffoLk Comity, New York, mid other applicable Laws, Ordinances m- Regulations, for the constructioa of btuldings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply wide all applicable laws, ordhmuces, building code, bonshlg code, and re~.flations, mad to admit authorized respecters on premises mid in buildhlg for necessary inspections. (Signak~re of applicant or nmne, i f a corpt~rrat~m) Deborah Dory, Esq., PO Box 1181, Curchogue, NY 11935 Mailhig address of applicant I State whethe,' applicm~t is owner, lessee, agent, architect, engineer, general conl~actor, electncmn, plumber or builder attorney for owners Name of owner ofprenfises Douglas Slama & Nancy Schrank, as Executors (As on the trax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Olher Trade's License No. Location of land on which proposed work will be done: 405 Rob±nson Lane, Peconic & 355 Robinson Lane, Peconlc House Number Street County Tax Map No. 1000 Section Subdivision Pecon±c Bay Oaks (Name) 98 Hamlet Block 5 Lot 9 & 10 Filed Map No 3434 ~,t..l~)o.~iy~J~3~ & #16 ahoy v~tn to ~ .~ ~ yl~o~ u~M. ~OI0 .o~ a Exl~llng tt~e m~d 0ccup,'mcy r~e_sidentia~l Yac_~ b~ h~tended use and occupancY_ Addition_ Alteration 3 Natm-e of work (chock which applicable): New Buildiag__ Repan' _~Reruoval_ Demolition __Other Work. (Description) Fee 4 Estimated Cost_ (To be paid on filing this application) Ntunber of dwelling m~its on each floor 5. Il' dwelling, number of dwelling tunis__ If garage, number of cars 6 I1' business, commercial or mixed occupancy, specify natm'e and exlent of each type of nse. _Depth __ ? DimensmnS of existing structures, if anY: Front_ Rear -- Number of Stodes. HeighL Rear Dimensions of same structure with alterations or additions: Front Height_ Number of Stories. Depth_ 8 Dimensions of entire new construction: Front_ _Re~.__~ .... _2Depth ~_ Number of Stories Height _ Rear __ _Depth _ 9 Size of lot: Front_ #17 =~ 7/3/65 er Henry J. Smith & Stella M. Smith It) Date of Purchase~#16 '= 9/12/64 NameofFormerOwn ~ .-- ~ 1 Zone or use distnct m which premises are situated __ 12 Does proposed construction violate any zorfing law, ordinance or regulation? YEs__NO. 13 Will lot be re-graded? YES No___Will excess fill be removed from prenfises? 'YESNO Phone No. _ 14 Names of Owner of premises_ Address____ -- Address_ Phone No_ Name of Architect _ Address __ Phone No. _ Nmne of Contractor~ 15 a. Is this propmly ~dtbin 100 feet of a tidal wetland or a freshwater wetland? *YES~NO ~ * IF YES, soUTI-IOLD ToWN TRUSTEES & DE.C. PERMITS MN7 BE REQUIRED' b. Is this property within 300 feet of a tidal wetland? * YES~ * IF YES, DEC PERMrrs MAY BE REQUIRED. 16 Provide smwey, to scale, with accurate fotmdation plan and distances to propm~y lines. 17 II elevation at any point on property is at 10 feet or below, must provide topographical data o ~ survey. State existiag nsc mid occupancy of pretnises and intended use and occupancy of proposed construction: STATE OF NEW YORK) SS: cou 'rv Deborah Doty beh~g doly sworn, deposes aad says that (s)be is die applicant (Nmne of mdividt.al signing contract) above earned, (S)l-le ~s he _ _att~°rn~EE~f°r owners (Contractor, Agent, Cml>orate Officer, etc.) of said owner or owners, and is duly attthorized to perfoml or have perfomied fl~e said work and to make mid file this application: that all statements coatahied ia this application are rote to die best of his lmowledge and belief; and flint fl~e work will be pedbrmed ia Ihe rammer set forth m file applicatioa filed flterewifli. Sworn~,before me dus 20 10 ~ ~rDY L, OlCl~l~ lqomsy l, ublie,, Sum or N~,w York lqo, 01OK49009S2 -Nm~u Com~ Ct,,,,mtssion ~ lull; 13, ~ ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 13, 2010 Zoning Appeal No. 6418 Transmitted herewith is Zoning Appeals No. 6418 of Deborah Doty for Douglas Slama & Nancy Schrank - the Application to the Southold Town Zoning Board of Appeals for a Waiver to Unmerge Property. Also enclosed is the Transactional Disclosure Form, Questionnaire, Lot Waiver Questionnaire, Cover Letter from Deborah Doty Dated August 10, 2010, Notice of Disapproval from Building Department Date July 14, 2010, Authorization Letter from Douglas Slama & Nancy Schrank to Deborah Dory to Represent them in this Matter, Surrogate's Court of The State of New York Suffolk County Certificate of Appointment of Executor(s) Dated April 15, 2010, Chicago Title Insurance Company Variance Search Title No 3810-95110 Copy of Deed Between Henry J Smith & Stella M Smith to Stanley Slama & Bertha V. Slama Dated July 3, 1965 for Lot #17, Copy of Deed Between Henry J Smith & Stella M Smith to Stanley Slama & Bertha V. Slama Dated September 12, 1964 for Lot #16, Certificate of Occupancy No. Z 13170 Dated January 24, 1985, Suffolk county Department of Health for Sewage Disposal Robinson Lane Lot #16 Dated Aug 16, 1968, Preliminary Plan for Peconic Bay Oaks, Preliminary Plan for Peconic Bay Oaks Dated July 17, 1961, Copy of Suffolk County Tax Map, Copy of 2009 Town Tax Roll, Copy of Property Record Card for 355 & 405 Robinson Lane, Copy of Survey Showing Lot 16 & 17 as the Exist with Construction Dated July 21, 2010 Prepared by Nathan Taft Corwin III Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 08/12/10 * * * RECEIPT * * * Recelpt~: 90091 Transaction(e): 1 1 Application Fees Check~: 1718 Reference 6418 Total Paid: Subtotal $150.00 $150.00 Name: Dob/, Deborah Po Box 1181 West Creek Ave Cutchoclue, NY 11935 Clerk ID: CAROLH Internal ID: 6418 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 23, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 1197t-0959, on THURSDAY, SEPTEMBER 23, 2010: 11:30 AM - DOUGLAS SLAMA and NANCY SCHRANK #64t8 - This is a request for a Waiver under Code Article II, Section 280-10A, to unmerge land identified as SCTM #1000-98-5-9, based on the Building Inspector's July 14, 2010 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lots merged until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 10 to the south, at: 355 and 405 Robinson La., Peconic, NY SCTM#1000-98-5-9 and 10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not stert earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-t809, or by email: Vicki.Toth~,Town. Southold.n¥.us. Dated: September 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August30,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, September 23, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before September 6th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than September 13th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 15st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before Sept. 21st, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. 9914 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 9th day of ,September, 2010. Sworn to before me this ' ~OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY SEPTEMBER 23, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoulng),Town of Soutbold, the following public bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York TEMBER 23.2010; 9:30 AM - ANTHONY S. CAMPO #6411 - Request for Variance from Code Sections 280-124 and 2g0-11& based on an application for building permit and the Building Inspector's June 3, 2010 Notice of Disapproval concerning demolition and construction of a new single-family dwelling, at 1) less than the code required front yard setback of 40 feet, 2) less than the code required rear yard setback of 50 feet, 3) less than the code required bulkhead setback of 75 feet; at: 1165 Fisherman's Beach Rd., (adj. to Cutchogu¢ Harbor) Cutchogue. .?) tess than the code required total com- bined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, 5) more than the code required total lot coverage of 20%, at: 780 Rabbit La,, (adj. to Oardiner's Bay) East Mari- on, NY, SCTM#1000~31-18-17. 10:40 AM - CUTCHOGUE NEW #6416 & 6420- Request for Variance from Special Exception per Code See- tion 28043B(15) and Variance from Code S~don 280-18 baaed on an appli- cation for building permit and the Build- ing Inspeagtor's July 19, 2010, Notice of Disapproval ~oncerning construction of a new buliding; ~6416. owners request a Special Exception for Historical Society, #6420 - less than the ~de required front yard sethack of 50 feet, at: 27230 Main Rd,, and Case's La., Cutchogue, NY. SCTM#1000-109-5-6.L 11:00 AM. DAHNA M. BASILICE /1641)9. Request for Variance from Code Sections 280-15, based on an application for building permit and the Building spector's May 4, 2010 Notice of Disap- proval concerning proposed construc- tion of accessory garage, at 1) less than N Y. SCTM#1000-111-1.26. the code required side yard setback of 20 9:50 AM - RICHARD .[ and JQANN ! feet, 2)le~thautheeoderequiredfront SAVARESE #6415 - Request for Vari- yard setback of 35 feet, 3) more than the ance from Code Section 280-124, based ' code required maximum lot coy&age of on an application for building permit 20%;at:3255BayshoreRd.,(adj. to pc- and the Building Inspector's May 26, 2010. Notice of Disapproval concerning proposed demolition and construct new single-family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard sethack of 35 feet, at: 2575 Old Orchard Rd., (adj, to Orient Bay) East Marion, NY. SCTM#1000-37-6-7.1. lO:15fiJel STEPHANOS ST[~- FANIDES #6413 - Request, for Vari- ance from Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building In- spector's June 11, 2010, Notice of Disap- proval con.ming proposed uiterations/ additions and "as built" deck addition to seasonal dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less tha~ the code required minimum side yard setback of 10 feet, conic Bay) Oreenport, NY SCTM#1000- 53-6-8 quest for Variance from Code Sections 280-124 and 280-I16, based on an appli- cation for building permit and the Build- ing Inspector's March 8, 2010, amended June 3, 2010 Notice of Disapproval con- cerning additions and alterations to an eaisting dwelling, at 1) less than the code required side yard setback of 15 feet, 2) less than the ;..ode required combined side.yard setback Of 35 feetl 3) less than tixeqgotie required setback to a bulkhead of 75 feet;, at: _4~7,_ 5 Stlilwater Ave., (East Creek (Eugene s Creek) Cutchogue, NY, ~ This is a 1__ week(s), successively, commencing on the Principal Clerk /Ih dayof , 2OLO, NOTARY P:~' C: ~;~ ~ C~~ ~EW YORK .... ,~,~ ~8; 3012 on the BniMing Inspector's July 14, 2010 Notice of Disapproval citing Zoning Code Section 28040A, which states that the nonconforming lots merged until a total lot size conforms to the 'current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone Dis- trict) this lot is merged with lot 10 to the south, at: 355 and 405 Robinson La., Pc- conic, NY SCTM#1000-98-5-9 and 10. 11:45 AM - LOUIS and ELIZA- BETH MASTRO # 6417 - Request for Variance from Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building Inspec- tor's June 14, 2010, Notice of Disap- proval 6oncerning proposed substantial aReratinndadditinns to dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the code required to- tal combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, at: 1595 Bayview Ave., (adj. to Arshamomque Harbor) Southnid, NY. SCTM#1000-52-5-9, i2:10 PM - RONALD A. POLLIO #6410 - R~quest for Variance from Code Sections 280-15 and relihf from prior grant #6205, based on an application for building permit and the Building ins-~ec* tot's May 25, 2010 Notice of Disapp~ ova] concerning "as built" accessory shower, at 1) location other than the code re- quired rear yard, 2) relief from Condi- tion #1 of ZBA Grant #6205; at: 165 Sec- ond St., New Suffolk, NY SCTM#1000- 117-10-20,5. 1:00 PM - REGINA'S GARDEN LL¢ ~;~ - (adj. from July 29, 2010) Request for Variance from ~o~e Sec- tions 280-13 and 280-14, based on an ap- plication for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel th the AC zone is not permitted and exceeds the code pennitted number of uses per the Bulk schedule at: 1150 Sound Ave., Matfituck. SCTMgl000-120-3-5. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing July 29, 2010: 1:30 PM - THEODORE C. MARTZ. JR. S6344. Adjourned from Public Heating June 30, 2010: ~ PM - SIM MOy Adjourned from Public Fiearing July 29, 2010: ~0 PM - JOHN E and SHARON[ The Board of Appeals will hear all persons or their representatives, desiring !o be heard at each hearing, and/or deafr- mg to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Flie~ are available for re- view during regular business hours and prior to the day of the hearing. If you at (631) 765-1809, or by email: ~uthold.ny. us" Vicki.Tot h Cqqbv~w~ ~ated: S¢Otem bet 1.2Q,L~ ZONBqG BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR. PERSON ' BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) EO. Box 1179 Southnid, NY 11971-0959 99_~/4-1 T 9/9 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM #: SLAMA, D. & SCHRANK, N. # 6418 REQUEST: LOT WAIVER TO UNMERG TWO UNDERSIZED LOTS DATE: THUR$, SEPT. 23,~010 11:~0AM If you are in.terested in this. project, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF DOUGLAS SLAMA & NANCY SCHRANK (Appl. #6418) 405 & 355 Robinson Lane, Peconic, NY SCTM # 1000-98-5-9 & 10 AFFIDAVIT OF MAILING RECEIVED ~IOARD OF APPEALS STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 1st day of September, 2010, I personally mailed at the United States Post Office in Cutchogue, New York, by CERTIFIED MAIL RETURN RECEIPT REOUESTED,~ a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this 1s~ day of September, 2010 JUDY L. OlCllltl~ Notary Public, Stato of Now Yod~ 'No. 01OK4900952 - }~Ia~ Com~' ~Ommi~ion ~ JIIly 13, 20.~ ~ Notice to David H. Pfeiffer & Sandra B. Pfeiffer in London was sent by Registered Mail-Return Receipt Requested because Certified Mail is not available to England. 1000-98-4-36 EXHIBIT A Thomas G. Stenson & Aiden J. Stenson 808 Pons Lane Bryn Mawr, PA 19010 1000-98-4-37 David H. Pfeiffer & Sandra B. Pfeiffer 44 Bute Gardens London, England W6 7DX and 350 Robinson Lane Peconic, NY 11958 1000-98-5-8 Deborah Schule & Christopher Sisino Attn: Danielle Strauss 15 Duke Street Swampscott, MA 01907 1000-98-5-11 Gloria R. Geslak 19 Deer Lane Hicksville, NY 11801 1000-98-5-13 Sylvia Safer 1875 McCarter Way Newark, NJ 07104 1 Pos,age' $0.61 (Endorsement Requ}red) Restricted Delivew Fee (Endorsement Requged) ~ Postmark $5.71 09/01/20t0 Registered No. Reg Fee Handling Charge Postage Received b Customer Must Declare Full Value $ ~ Date Stamp PS ~Form 3806, Receipt for Registered Mail Copy t - Customer May 2007 7530-02-000-9051 (See Intormation on Reverse For domes c de very n ormat on, visit our website at www. usps. com® I ru Postage ru CerUfied Fee [~1 Return Receipt Fee [~] (E~dorsement Required) Restricted Delivery Fee [%3 (Endorsement Required) r--~ Total Postage & Fees nj $1.05 $2.80,/ : 04 $2.7~0 ~ .ere $0.00 $ $6.15 09/01/2~10 Certified Fee i $2.~ (Endorsement Required $2 ,'~ (Endorsement Required) $0'~ $5.71 Postmad< 1~/01/2010 ~ m nj Return ReCeipt Fee (Endorsement Required) Restricted D elive n/Fee ~ (Endorsement Required) Total Postage & Fees nj $0.61 $2.80 $2.30 $5.71 ~[Fe~, ~b-t:~5Y .......... m Postage Certified Fee Return Receipt Fee (Endorsement Required} Restricted Delivery Fee (Endorsement Required) Total Postage & Fees nj ~ or PO Box NO. $2.80 $2.30 ~0.00 $ $5.71 04 Pos~ U~t':S - lrack & t~onlarm ~ UNITED STATES POST/SL SERVICE Page 1 of 1 Home t ~ 1 $1qn tn Track & Confirm Track & Confirm FAQs Search Results Lahel/Receipt Number: 7006 2tSO 0004 2220 2236 Class: First-Class Mail® Service(s): Certified MailTM Return Receipt Status: Acceptance Your item was accepted at 4:13 pm on September 01, 2010 in CUTCHOGUE, NY 11935. No further information is available for this item. Enter Labe~Receipt Number. Ir,~ozificatio!! O~tic, t: Track & Confirm by email Get currant event information or updates for your item sent to you or others by email. http://trkcnfrml .smi.usps.corn/PTSIntemetWeb/InterLabellnquiry.do 9/22/2010 Direct Query - Intranet - "Quick" Search Page 1 of 1 Track/Confirm - Intranet Item Inquiry - Domestic Tracking Label: 7006 2150 0004 2220 2236 Destination ZIP Code: 07104 Origin ZIP Code: 11935-1200 Class/Service: First-Class Certified Hail Service~_~l~.u..La..tjg..n_ I n fo rm a~;io~ n Weight: 0 lb(s) 2 oz(s) City: NEWARK City: CUTCHOGUE Delivery Option Indicator: Normal Delivery Rate Indicator: Single Piece - Letters Special Services Associated Labels Certified Hail 7006 2150 0004 2220 2236 Return Receipt 7006 2150 0004 2220 2236 State: NJ State: NY Postage: $0.61 Zone: 01 PO Box?: N Amount $2.80 $2.30 Event ACCEPT OR PICKUP Date/Time Location 09/01/2010 16:13 CUTCHOGUE, NY 11935 Tnput Method: Scanned Finance Number: 352055 Scanner ID Enter Request Type and Item Number: Quick Search ~ Extensive Search Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Paq~. https ://pts.usps.gov/pts/labellnquiry.do 9/22/2010 BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF DOUGLAS SLAMA & NANCY SCHRANK (Appl. #6418) Regarding Posting of Sign upon Applicant's Land Identified as 405 & 355 Robinson Lane, Peconic, NY SCTM # 1000-98-5-9 & 10 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) SS.-' COUNTY OF SUFFOLK ) I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 15~ day of September, 2010, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the applicants' property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance near the entrance or driveway entrance of the property, as the area most visible to passerby. I hereby confirm that the Poster has remained in place at least seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be September 23, 2010. Sworn to before me this 23rd day of September, 2010 ixl6t~r~hiblic / , ~ LORRAINE KLOPFER ~lot~ry Public, State of New York No, 4~25373 Ouafifi~ in Soffolk Courtly Coromis~ion Expi.es';~ Nov. 30. ~ Slama/Schrank - Waiver of Merger 405 & 355 Robinson Lane, Peconic, NY (SCTM # 1000-98-5-9 & 10) Appl. #6418 · Complete Rems 1, 2, and 3, Also complete k~m 4 B Re~loted De,tee/is de'red. · Pdnt your name and ad~,~ on the reverse so thet we can return the card to you. · Affia_ch this ~ to the back of the real,piece, or on tba front If speco permits. ~homas G. Stenson & Aiden J. Sten 84 Kilburn Road Garden City, NY 11530-2613 D. Isdeliverl/addres~dlffemntfmmltem~i* DYes' hRe~ r'l Return Reselpt for Merchandise D [nsu~d M~ [] C.O.D. I 2. A~'fl~lsNumber 7006 2150 0004 2220 2295 PS F~ 3811, ~ 2~ ~ ~m ~ · Attach this card to the back of the mailpiece, or on_!he front if space permits. ' 1. Ar~lleAddre~d tO: D~erah Schule & Attm Dardelle Strauss 15 Duke Street Swampscott, MA 01907 O Return Receipt for Merchandise i-1 insured Mail F1 C.O.D. 4. Restricted Delivery? (Extra Fee) Fl yes 2. Article Number 7 PS Form 3811 February 2004 item 4 if Restricted Delivery is desired. · Print your name and address on the reveres so that we can return the card to you. · h~tach this card to the back of the mailpiece, o[on the front if space permits. 1. Al~icle Addressed to: Glq~. R. Geslak 19 ~r Lane 7006 2150 0004 2220 2250 ........ ~' ~ [] Agent B. Received by (Pdnted Name) I ~'~te of Delive~ Hict~sville, NY 11801 3, Se ' Type [] Registered [] Rstum Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? iExtm Fee) [] Yes 2. Article Number (Transfer from service label) 7006 2150 0004 2220 2243 PS Form 3811, February 2004 Domestic Return Receipt , 102595-02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reveme so that we can re. turn the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits· 1. Article Addressed to: Thomas G. Stenson & Aiden J. Stens, 808 Potts Lane Bryn Mawr, PA 19010 A~ Signature X [] Addressee B. Received by (Padted Name) C. Date of Deliver D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No Tt 3. Se~ice Type ifiad Mail '~R~isterad [] Express Mail [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver/7 (Extra F~e) [] Yes (Transfer from service 7006 2150 0004 2220 2281 , ' PS Form 3811, February 2004 Domestic Return Receipt BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF DOUGLAS SLAMA & NANCY SCHRANK (Appl.//6418) 405 & 355 Robinson Lane, Peconic, NY SCTM # 1000-98-5-9 & 10 FI{ Postage rtJ Cedified Fee E~ Return Receipt Fee E:~ (Endorsement Required) Restricted Delivery Fee C:~ (Endorsement Required) Lr] Total Postage & Fees nj $0.61 0935 $2.80 03 $2.30 ~,~, $0.00 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say ;hat: On the 3r~ day of September, 2010, the notice mailed to Thomas G. Stenson & Aiden J. Stenson, 808 Ports Lane, Bryn Mawr, PA 19010, the owners of 1000-98-4-36 was returned by the Postal Service with a note stating that the forwarding time had expired and providing a new address of 84 Kilburn Road, Garden City, NY 11530-2613. On the 3rd day of September, 2010, I personally mailed at the United States Post Office in Cutchogue, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelope addressed to Thomas G. Stenson & Aiden J. Stenson, 84 Kilburn Road, Garden City, NY 11530-2613. DEBORAH DOTY Sworn to before me this ay of September, 2010 ic }intry Publle, Site of New yd Sep 09 2010 3:52PM HP LRSERJET FR× p.1 Linda Tonyes F~Drn; Sent: To: Subject: David Pfeiffer [dpfeiffer~aol.com] Thursday, September 09, 2010 1:59 PM Imton ~optimum.net Re: Slama/Schrank Waiver of Merger Dear Linda, Please thank Deborah for emailing this to me. Coincidentally the London letter arrived in the mail today. Does Ms. Dot7 represent the Slama/Schrank parties and if we have a question could we ask her? Thanks again. ---Original Message-- From: Linda Tonyes <lmton@optimum.net> To: dpfeiffer <dpfelffer(~aol.com> Sent: Thu, 9 Sep 2010 17:10 Subject: Slama/Schrank Waiver of Merger Attached is a fax from Deborah Dot-y, Esq. Please ret me know if you have a problem accessing this attachment. Thanks. Linda Tonyes Legal Assistant to Deborah Dory, Esq. DEBORAH DOTY ATTOKNEY AT LAW 670 WEST CREEK AVENUE P.O. BOX 1181 CUTCHOGUE, NY 11935.0876 FAX 631-734-7702 631-734-6648 FAX LETTER DATE: September 9, 2010 TO: David H. Pfeiffer & Sandra B. Pfeiff~r FAX #: dpfeiffer@aol.com (via Linda's email) FROM: Deborah Doty, Esq. Slama/Sckrank - Waiver of Merger 405 & 355 Robinson Lane, Peconic, NY Appl.//6418 'SCTM # 1000-98-5-9 & 10) TOTAL NUMBER OF PAGES INCLUDING THIS PAGE 5_ . If you do not receive all of the pages, please call this office as soon as possible. MESSAGE: Dew Mr. & Ms.P~iffer: First, let me apologize for any inconvenience and concern this matter may have caused you. I represent Douglas Slama and Nancy Schrank, who are the Executors and children of Bertha V. Slama. Prior to her death, Bertha V. Slama was your neighbor across Robinson Lane. The Executors have made an application to the Southold Board of Appeals for a Waiver under Article II, Section 280-10A & 11 of the Town Code. The Southold Town Code requires that a Legal Notice be sent to you by Certified Mail - Return Receipt Requested. Because you are in London, the documents were sent to you via Registered Mail - Return Receipt Requested with a copy going to you at the Robinson Lane address via Certified Mail - Return Receipt Requested. Transmitted herewith, for your information and conve~xience, are copies of the docmnents mailed to you. Those documents are my cover letter, the legal notice and a reduced copy of the survey of the property. Again, please accept ray apologies for taking your time and the time of your brother-in-law. Very truly yours, Deborah Dory DD:bdr IMPORTANT: THE INFORMATION CONTAINED IN THIS FACSIMILE TRANSMISSION IS BEING SENT BY A LAW OFFICE AND MAY CONTAIN INFOR~,IATION WHICH IS PI~IVILEGED AND/OR CONFIDENTIAL. THE IN~FOR3~IATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR COMPANY NAMED ABOVE IF ARE NOT THE INTENDED RECIPIENT OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS FACSIMILE TO THE INTENDED RECI PIEN'I. PLEASE BE ADVISED THAT ANY UNAUTHORJ ZED DISSEMINATION. DISTRIBDTION. DISCLOSURE OR COPYING OF THIS COMMDNICATION IS PROHIBITED AND [.IA'*' BE PUNISHABLE UNDER APPLICABLE LAWS D BOP, AH DOTY ATTOBIffEY AT LAXV P.O BOX 1181 CUTCHOGUE, ~~ ] 193~-0876 September, 2010 Douglas Slama and Nancy Schrank, who are the Executors and children of BertJm V. Slama, have made an application to the Southold Board of Appeals for a Waiver under Article II, Section 280-10A & 11 of the Town Code. The Southold Town Code requires that the enclosed Legal Notice be sent to you by Certified Mail - Return Receipt Requested. Very truly yours, Deborah Dory Encls. DD :bdr DEBORAH DOTY ATTORNEY AT ]LAW 670 WEST CREEK AVENUE P.O, Box 1181 CUTCHOGUE, NY 11935-0876 FAX 631-734-7702 631-734-6648 September 13, 2010 BY HAND Southold Town Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Slama/Schrank - Waiver of Merger 405 & 355 Robinson Lane, Peconic, NY (SCTM # 1000-98-5-9 & 10) Appl. #6418 Dear Members of the Board: The Affidavit of Mailing and Certified Mail Receipts previously were submitted to the Board. Enclosed please find the following: 1. Affidavit of Mailing regarding re-mailing of the Notice to Thomas G. Stenson & Aiden J. Stenson at a new address; 2. Return Receipt cards from the Stensons, Schule/Sisino, and Geslak; and 3. Correspondence with David Pfeiffer reflecting sending of Notice, etc. via FAX-email and his receipt thereof. Very truly yours, Deborah Doty Encls. DD:bdr BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger George Homing Ken Schneider http:Hsoutholdtown.nor thfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809" Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 October 12, 2010 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: ZBA # 6418 - Lot Waiver for Slama/Schrank Dear Ms. Dory: Enclosed please find a copy of the Boards variance determination, rendered on October 7, 2010. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. A copy of this determination has been furnished to the Building Department for their permanent records and update on its Notice of Disapproval. Sincerely, Vicki Toth Eric. Cc: Bldg. dept. 0 / // ' el / 6/'- /I J Real Property lax S~vice A~nc7 [