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HomeMy WebLinkAbout6450 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider 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 http://southoldtown.north fork.net RECEIVED ZONING BOARD OF APPEALS ~ '~ ~ "°C-7 TOWN OF SOUTHOLD APB Tel. (631) 765-1809' Fax (631) 765-9064 ' ~.~ $° own Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20, 2011 ZBA Application No.: 6450 Applicants/Owners: Daisy Folk Property Location: 7599 & 7475 Soundview Ave., (adj. to 2 Private Rds.) Southold, NY. Parcel No: SCTM# 1000-59-6-10& 11. Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 19,320 square feet (CTM 1000-59-06-11 ) from an adjacent land area of 19,635 square feet (CTM 1000-59-06- 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 April 7, 2011, 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 one of the owners who are related. There have been no transfers of ownership to an unrelated person or entity since the time merger was effected. 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 merged lot is .9 acre. The majority of improved lots in this area are smaller than the proposed unmerged lots. At the time these lots were created the minimum lot size under zoning in place was 12, 500 sq. fi. (2) The waiver would recognize two lots that are vacant and have historically been treated and maintained as separate and independent residential lots since the date of their original creation because: they were originally purchased under separate names by the same family (Rudolph Bemstein and Daisy Folk). They merged upon the death of one family member (Rudolph Bernstein). (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: due to the size of the unmerged lots, any dwellings that could be constructed would be small and in keeping with the size of other homes in the neighborhood due to current zoning regulations. Page 2 - April 20, 2011 ZBA File#6450 - Folk CTM: 1000-59-6-10&11 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 Horning, and duly carried to Grant the waiver of merger as applied for Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. Leslie Kanes Weisman, Chairperson Approved for filing~ /c~/ /2011 Projactlnformation:I~F PROPOSED SEPTIC SYSTEM DETAIL Single Family DweRing and garage uous[ Residential Code of New York State-lares1 ed~0n ~' ~ ,- n.~S.£D _~."~E Permits in Place: None a,~_~ -- / r~v. ~o.~ Covenants end restrictions: None ~. ,~,, -- -- ~:~-~t~4~ ~'~ ~, e~ m, £~ .=' ~ ! --~, M~emoe% 20 ~ ~ ~ ~ ~0 ~ SEPTIC TANK /; FINAL MAP ' REVIEWED BY Z . Client ~ I D~ ~o~( Title ~cow p~ n~ ~o~ ~u~ o~ ~<~. a~no' o ~o~o~ ~ DRAWN BY These plaas are aa ~meat of the SLice aad are the prope~ of ~e dmig. proftaiou] whost sul is 4295 Vans~n ~ her~o. Infringem~ will be pr~ecuted m the fulle~ ~tent of the ~w. ~n~a~or shall ver~ all field Cutcho~e cond~ons and dimensions and be sole~ r~nsible for fi~d fit The d~i~ prof~sional ~.um. no liabili~ for SCA~ NY 119~ omissions due ~ un~own or uofores~n field coati.oas and or additions based upon commen~ not fo~lly P~e 631 875 0275 ac~owledged as r~io~ to ~ pla~. Fa 631 734 2730 Project Information: Single family home and garage Up to four bedrooms Residential Code of New York State-latest edition Permits in Place: None Covenants and restrictions: None Lot size: sq ff 15,246 Distance from shoreline 1 66ft Set-backs&coverage Min rear yard ft 40 Front and rear yards fl 40 Total side fl 30 Min side ff 15 Max coverage% 20 Loading Dead load roof psf 18 Dead load floor psf 20 Live loads psf 40 Ground Snow load psf 45 Earthquake: Exempt Basic wind speed mph 120 Flood period: years >500 ~ ~ ~ARD OF APPEA~ Re B 7599 SOUNDVIEW AVENUE. SOUTHOLD. NY 11971 DWO .O,, SCTM~ 1000- 059- 06-10-000 ~EV NO Robe~ Barra~ PE Project: Waiver of merger 4295Vanston Road Owner: Daisy Folk DATE Cutchogue NY 11935 SCALE ~ 8~ 0~ The~e plan~ are an in*trument of the ~ervice and are the prope~ of the d~ign professional ~ho~e ~esl i~ affixed h*reto, infringement~ will be pro~uted to the fullest extent of the I~. Contractor shall verify all field rob~barra~optonline.n~t ~ondltions a~d dlmen~ion~ and be solely r~pon~ible for field fit. The d~ign professional ~ume~ no liabili~ for ~owledged ~s r*vi~ion~ to thee pl~n~. N R~ECE~VED J~N 1 0 ~011 ~OARD OF APPEALS SURVEY OF PROPERTY A T SOUTHOLD TO'tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 10000-59-05-10 ECAL~: 1~$0' DECEMBE~ $0, 2010 MAP REVIEWED BY ZBA SEE DECISION # ~ DATEDJ~L AREA-19,635 SO. FT. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A IdOLATION OF SECTION 72090F' THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COP/ES BEAR THE IMPR'ES'SE'D SEAL OF THE SURVEYOR WHOSE SIGNA lURE APPEARS HEREON. · =PIPE P.O. BOX 909 ~' ~2Jo T~AV~LER ST~TI SOU~HOLD, N.× .97~ 110--252 ~.ECE~VF.D ~)ARD OF APPt:AL~ rlEWED GY ZBA ~EE DECI I,~ I1 SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 10000-59-06-11 SCALE: 1'--30' DECEMBER 50, 2010 AREA-19,320 SO. FT. ANY ALTERATION OR ADDITION TO THIS SURt/EY IS A VIOLATION OF SECTION 72090F' THE NEY/ YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISTOfV 2. ALL CERTIFICATiONS HEREON ARE VALID FOR THIS MAP AIVO ~S THEREOF ONLY IF SAID MAP OR COPIES B~AR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. =PIPE 49618 (651,) 765-5020 FAX (6J1) 765-1797 P.O. BOX 909 1250 TRAVELER STREET SOUTHOLD, N.Y. 11971 J0-252 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 31,2011 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING RECE]VEO FEB 2 2011 BOARD OF APPEALS Pursuant to the requirements of Sections A14-14 thru A14-25 0fthe Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Sterling Harbor Inc. c/o Paul Pawlowski Folk, Daisy Rafferty, Pierce Barry, Joyce & Robert #6448 J #6450,/ #6451' #6453 / TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL JAN 1 0 ~.Oll ~3OARD OF APPEALS TO: R Barratt for Daisy Folk 4295 Vanston Road Cutchogue, NY 11935 Date: December 16, 2010 Please take notice that your application dated December 15, 2010 For a merger determination at Location of property 7599 Soundview Avenue, Southold, NY Tax Map No. 1000- Section 59 Block 6 Lot 10 Is returned herewith and disapproved on the following grounds: The subject lot has merged with the adjacent lot to the south (SCTM #59-6-11 ) pursuant to Article II, 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 !~ECE~VED JAN ! ~:)ARD OF APPEALS Filed by: Office Notes: For Office Use Only Date Assigned/ZBA File # WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED rZ/ta]Zolo ~W~tER~BY THE BUILDING INSPECTOR DENIED AN APPLICATION---- DATED /Z/t~r/:~-~o under Town Code Chapter 280 (Zoning), Article II, Section 280- for: ~ Building Permit [] Permit for As-Built Construction [] CertificateofOccupancy [] Pre-CertificateofOccupancy [] Other Owner of Parcel for Waiver: D~$~t ~ ot-.K. Owner of Adjacent Parcel: D ,q i ~ ~ ,co ~lc. Note: If applicant is not the owner, state if applicant is owner's attomey~ architect, builder, contract vendee, etc. Mailing Address: ~q~ v&~gq~ ~ ~ ~oTc~o~ ~ ~ ~ Telephone No: .~a - R~$- o~ F~/Email ~ bq~ ~ ~ ~on(~u Please specify who you wish correspondence to be mailed to, from the above: [] Owner, or ~Authorized Representative 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 T~x Map District 1000, Section Block O 6 L6t O ( O, ooo containing l~',~ ~ square feet located at #~$9~Street goo~o~'~.o ~ ~ ~ ., and for District 1000 Section Block ~, Lot lbo containing Iq,~*... square feet. The property is located in the -~u Residential Zone District. Page 2 - APPLICATION FOR~AIVER TO UNMERGE PROPERTY ZBA # ~ECEIVED JAN 1 0 2011 GOARD OF APPEALS The lot to be merged was originally created by deed dated q 1 5 ! ~*[5 ~ , is vacant, and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The lot to be merged has not been transferred to an unrelated person or entity since the time the merger was effected. This application is an altemative 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 a majority of the improved lots in the neighborhood because: The lot is the same general size as five improved lots in this sUb- - division (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: Th~ statement is correct as verified by the single and separate report showing no change in form since formation in 1953. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: The proposed house will meet the current set-back requirements and will benefit from the new city water service. Please check one or more of the following that apply to the lot to be unmerged: [] This lot was formerly approved by the Southold Town Planning Board on (attach copy). [] This lot was approved or shown on a map approved by the Southold Town Board during 19 (attach copy). ~ ~ '~ '~ ' ~ This lot was approved by the Board of Appeals on (please attach). '~ A search of Town records found no approvals or other action by the Town of Southold, except for Applicatio. n # . ~ in the Year ~ (please attach copy). ~ Survey dated 8/16/65 is attached to the building dept application which they have disapproved and forwarded to you along with the single and separate report. Page 3 - APPLICATION FOR WAIVER TO UNMERGE PROPERTY ZBA # [] A search of Town records found a Certificate of Occupancy was issued for a dwelling or other purpose on SCTM Lot # (please attach copy). (Attachadditionalsheetsifneeded). ~.~_.~ ~~ Owner (Parcel 1) · h VlCKI TOTH otary Public.State of New No 01T06190696 O,ualifi~d in Suffolk County f,~m*t~i~ E~mims July 28, 201~ Owner(Parcel 2) Swom to before me this day of ,2OO Notary Public ~OARD OF APPEALs / / ZBA 12/95; 3/06; 11/08 merger application): i$,'~.~& s.f. I Ai,'/-$ ft. by I~ +- ft.' Date of first deed which created this lot: q Date of current deed to present ownen ~L/03/?..O°2 " ~,ECEI'VED LOT WAIVER QUESTIONNAIRF JAN 1 0 What are the square footage and dimensions of this lot (subject of bdil~RCJ ~'=~t Owners' names of lot at current time: · Date and name of subdivision (if any): Size of remaining lot in the merger: I~, &o~. s.f. Were there any building permits issued in the past for this lot: Yes i. No .~/ :If yes, please provide copy of former permit and map approved. W :ere~,there any County Health.Department approvals in the past for either lot? Yes No ~'. If yes, please provide a copy. -- Were they any v~acant land Certificate. s of Occupancy requested in the past? Yes No ~. If yes, please prowde 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 ~. :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. V~ Yes __ If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? ~,. Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Cop, les noted above are attached.) Da ted: ZB,~5/27/99 Owner's Signature QUESTIONNAIRE FOR FILING WITH Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? D Yes D 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? U O 2) Are these labeled on the map submitted with this application? 3) Is the property bulldaeaded between the w.etlands 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 confirm status of your inquiry or application with the Trustees: ;ql~ If issued, please attach copies of permit with conditions and approved map. D. Is there a depression at or below five feet above mean sea level, or sloping elevation near the area of proposed construction? Please describe: ~O Are there any patios, concrete barriers, bulkheads, ripmp or fence that exist and are not shown on the survey map that you are submitting at this time? /dO (Please show area of these s~uctures on a diagram or survey map (or state "none" on the above line, if there are none.) Do you have any construction taking place at this time concerning your premises? ~}o 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? ~/ If yes, please label the proximity of your lands on your map with this application. S t~ M ~ ~ o u ~ ~. I.~& ~. H. Please list present use or operations conducted at this parcel Vi~¢ 181~ hAM ~ and proposed use ~MG, I,~. F'~l~l~y HOM,~ (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/o5; 1/07 PROJECT ID NUMBE~ PART 1 - PROJECT INFORMATION 1. APPLICANT I SPONSOR 3.PROJECT LOCATtON: M~nic~lpalily ..~U 'T'H ,~,L 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Appticanl or Project Sponser) 2, PROJECT NAME C0t~ty SU I=FOLt<,. 4. PRECISE LOCATION: Street AddesS and Road tiltelsec6ons. P~i~inent IlmdmarK$ e[c -or or~'lde mad 6. D~SCPJBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initielty ac. ms Ultimately acres 6. VaLL PROPOSEO ^CT~O~ COMPLY WTH EX~STi~'~ ZONIN~ OR OTHER RESTRICTtoNS? ~Yes [] No It no. ¢lesCribe briefS: g. WHAT IS PRESENT LAND USE IN V~CINITY OF PROJECT? (Chooseasma~yaseppy.) E~]other (describe) 10 DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY O'~IER GOVERNMENTAl. Il. DOES ANY ASPECT OF THE ACTtON HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? E~Yes r~No If yes. list agency name afld permit / approYal: I t AS A T OF PROPOSED ACTION WILL EX1STtNG PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE 70 THE BEST OF MY KNOWLEDGE Ap.ticant /SoonsorName ~.~1~-~--' ,~,~j.-~ Date: //~//~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 1 0 ZOIII ~ARD OF APPF. A~,~ 1 PART II- !MPACT ASSESSMENT ('1'o be comp!atari by Lead Age~,¢y) A, DO~S ACT1ON EXCEEO AN~ TYPE I THRESHOLD IN 6 NYCRR. PART ti1'/,4? I( yea. c~'dh~ale ~-m review procem~ and use the FULL FAF. r-lYes E]No B. W~LL AC~T~N RECE~V~ COORD~HA.T£D F~EV~EW A~S PF{~V~DED F~'R UNL~TED A(~T~NS ~N 6 NYCRR' PART ti~6? ff No. e n~ga~ve "' G. COULD ACTION RESULT IN ANY ADVERSE EFFECTS A~,ROCIATED WITH THE FOLLOWING: (Aslsw~s m~¥ be handwri~en, if I~bto) C5. G mwtl~ D. WILL *~IE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSEO THE ESTABLISHMENT OF A CRrTICAL ENVIRONMENTAL AREA CEA~? {If ¥e$lexpla n b~'elly E]Yes E~]N°I ...... E. I~ ~. ~)R IS THERE UKELY TO BEt CO~ROV ~ER~y I~ ~F.~. TED TO POTENTIAL A~,E~E F..NVlRON ~.~1,~ AL IMPACTS? If ~ ~e~olaln pART III - DETERMINATION OF SIGNIFICANCE {To be ~ompleted by Ager~cy) INSTRUCTIONS: Fa'each edva~se effect kJenitfled above, determine whether iris substantial, larg~, Importai~t orofbem~e significant. Each effect et~dd be assessed in c~lnection With Its (a) setting {~.e. urbafl er rura[); (b) probability of O~CUrflng; (¢) flurafloi3; (d) itTeversibility; (e) ge~o~l?p, hic Scope; and {1) magnitude. If ne~es~ery, add attachments er reference suppo~ng ma{eria!s. Ensure that explanations contain sumc~ent detail to show that all relevant edverse Impacts have been identified aed edequa~.ely addressed. If q~esllen d of pert ii was chesked yes. the determinatlonof signEmance must evaluate the potential impa~t oftbe proposed action on{he environmer~tal chafe cterJs~s of the CEA. Check this box if yo~ have Identified one ~* more potenlially large ~ slg~irmant adverse Iml:m cts which MAY ~ccer. Then proceed dire clly to lhe F UL L EAF and/or pmparo a posith~ declaration. Check ~is box If.you have deleredned, based on the info~mabon Bncl analysis above and any supp~dln~ deC~mentafiork thai WILL NOT re~JIt in a~y significant adverse environmental impacts AND provide, on attach~etffs as necessa~/, the reasons suppe~lk~ thi., determination. N~e~L~d~en~ Dale Title of Responsible Officer Print or Type Name eT ResponstUle Offic~r'ln Lead Agency Signature of Resp6nsible Officer in Lead Agency Signature of Preparer (1[ different from,responsible off, car) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 1 0 8II Thc Towp Of ~;outhold's Code of Ethics prohibits conflicts of interest on the hart of town officers and cmnlovecs. Thc purpose of this form is to provide information which can al. ca thc town of oussiblc conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, ]niddl~ initial, unle~you are applying in thc name of someone else or other entity, such as a company. If so, indicate thc other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of thc Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmcrship, in which thc town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more th fthc shares. YES NO /' % lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Tire or position of that pot'son Describe the relationship between yourself (thc applicanffagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. Thc town officer or cmploycc or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of thc shares of the corporate stock of the applicant (when thc applicant is a corporation); B) thc legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~-) day of '~ ~,~. 201~ !~_ Signature Print Name APPLICANT TRANSACTIONAL 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: ~1 a-~.O~,wT' ~._0~ ~"~T ~, (Last name, first name, nuddic in/rial, 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: 1~ .-- ~ LxD..fa~: , ~ ~ Change of Zone Approval 0fPlat Exemption fiom Plat or Official Map . Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. v/ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Tire or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the apphcant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity' (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESC1LIPTION OF RELATIONSHI? JAN 1 0 2011 '30ARD OF APPEALS Submitted this ~7 day of .~'et~ 'ar Signature: Print Name: X~/gc'~72F- /~ ~/-.~,-- 7"' Town of South old INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM BOhRD O~: hPPEM'S All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterkont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the COastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and e/cplanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, itshall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all lbcal libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# - The Application has been submitted to (check appropriate response): TownBoard ~-q Planning Board ~-] Building Dept. [] BoardofTrustees ~-] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~y--- Permit, approval, license, certificati6~i ............................... ~] Nature and extent of action: Location of action: Site acreage: Present land use: I/)$tL~. n/~' ,tl~a'tO~?,t~.t. /. &~ ~ Present zomg classification: ~ I t -- ~, ~ ~t~ If ~ application for ~e proposed action has been filed with the Tom of Sou~old agency, the following ~fo~ation shall be provided: (a) N~eofapplic~t: ~, ~~ ~) M~lingaddress: ~ 9~ ~rro~ ~0~0 (c) Telephone number: Area Code ( ) ~t --. ~.?.~ ... 0'~2.."~ ~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~-] No ~-] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use 6f a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [-~Yes ~ No [] Not Applicable Attach additional sheets if necessary Pohc~C~2~Pr~ect a~d~f~ge~v~-liBloric and arcliaeological resources 'o~ the 'llown ol' Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [-~ Yes [] No ~ Not Applicable Attach additional sheets if necessary PolicY 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II/- Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~ Not Applicable RECEIVED ~ARr~ OF APPEALS Atlach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes N No [-4 Not Appiicable additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria N Yes [~ No [-~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal l~sh and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Atlach additional sheets if necessary ~olicy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ECE~I/ED [-~ Yes ~-~ No [] Not Applicable J/~N l 0 ~0tl Atlach additiOnal sheets if necessary Policy 8. Minimize environmen'tal degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~'~Y. es ~-~ No.~-~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes ~-~ ]No ~ Not Applicable A0ach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable Iocatious. See LWRP Section III - PolicieS; Pages 47 through 56 for evaluation criteria. h additional sheets if necessary ~'U~D OF APP~a~_.~ Policy 11. Promote susta able use of bvlng marme resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No ~-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. ~ Yes ~-] No ~ Not Applicable ~[ttach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes [-] No [~ Not Applic. able Created on 5/25/05 11:20 AM Jan 10, 2011 SOUTHOLD TOWN ZONING BOARD OF APPEALS Phone: (631) 765-1809 Fax (631) 765-9064 Delivered by hand 42~5 VIton .oad, Cutchogue, NY 11935,~$A ~ RECEIVED ~ECEIYED Robert Barratt PE LSA Cell phone 631-875-0275 Home 631 734 2730 robertbarratt~optonline.net Subject: LOT WAIVER APPLICATION, 7599 Soundview Ave, Southold, NY Dear Mrs. V. Toth, Please find enclosed the executed original subject waiver of merger application and seven (7) collated sets including full size surveys as requested in accordance with your instructions and my check for the fee of $150.00. For your convenience the table of contents is as follows: 1. NOTICE OF DISAPPROVAL 2. APPLICATION: 3. FULL SCALE SURVEYS 4. SINGLE AND SEPARATE SEARCH AND $25K LIABILITY 5. DEEDS 6. ZBA Questionnaires 7. SHORT ENVIRONMENTAL ASSESSMENT 8. TOWN PROPERTY CARDS 9. LWRP CONSISTENCY ASSESSMENT 10. OWNER AND AGENT'S TRANSACTIONAL DISCLOSURES Thank you for your assistance in preparing this application. I look forward to receiving your further instructions · TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 ~I'EL: (631) 765-1802 '.~X: (631) 765-9502 ~,outholdTown.NorthFork.net Examined ,20__ Approved ,20__ JAN 1 0 2011 PERMIT NO. BOARD OF APPEAL~ BUILDING~[RMIT APPLICATION CHECKLIST t~y ~ 7.]) Do you have or need the following, before applying'? P,,EC~I~D Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mailto: 1~. ~A~-~TT' Phone: &"~t -- ~-/$~ O~.."/g Expiration 20__ Building Inspector >PLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ~oV :~c:~TM ,20 I o BLDG. DEPT. L iow, oF OUTU.OED a. This application MUST be completely filled in by typewriter or in ink and submitted'to the Building Inspector with 4 ~lans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or ,. ~as, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a penmt shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) ~ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises D~ ~t I=o~_t~. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of, corporate officer) Builders License N6. Plumbers License No¥ Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Haml'et Block oe~ Lot 010- ooo Filed Map No. Lot 4-. 2. State existing use and occupancy remises and intended use and occupa f proposed construction: a. Existing use and occupancy b. [ntended use and occupancy $~ ~t ~ L=__. l~,~L*..f I-t-o~,e. ~ 3. Nature of work (check which applicable): New Building Demolition 4. 5. Repair Removal Estimated Cost ~ ~oo, o o O If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor ~CEIV If business, commercial or mixed occupancy, specify nature and extent of each type of use. JAN 1 0 20]] Dimensions of existing structures, if any: Front Height. Number of Stories Rear BOARD OF APPEALS .Depth Dimensions of same structure with alterations or additions: Front Depth. Height Number of Stories Rear ' 9. Size of lot: Front 10. Date of Purchase Dimensions of entire new construction: Front /oo Rear Height ~ o Number of Stories I Name of Former Owner Depth .Depth 1 I. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES / NO ~ 13. Will lot be re-graded? YES 14. Names of Owner of premises Name of Architect 1~. Name of Contractor NO ~/ Will excess fill be removed from premises? YES Address ~,~.~'ro ~, ~, , Address 4z~ ~ua~.o~ ~ Phone Address 15 a. Is this prope~y within 100 feet of a tidal wetl~d or a freshwater wetland? *YES __NO * IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this prope~y within 300 feet of a tidal wetland? * YES ~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide s~ey, to scale, with accurate foundation plan and distances to prope~y lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ · IF YES, PROVIDE A COPY. NO v/ STATE OF NEW YORK) SS: COUNTY being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ,~ ~ ~",'~ 7-- (Contractor, Agent, Corporate Officer, etc.) CONNIE D~ BUNCH Notary Publto, ~tate of New Yoflc .Ne. O~. Quallf~d In Suffolk County Comml~alon F_xplma Ai~I114, ~ of said owner or owners, and is duly authorized to perform or,have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me t]Y]~ __ } 5 ~ day of ,~c.:o~r~./4~e.a 20 ] C) Not~ Public Signature of Applicant _ December 22, 2010 Roy and Daisy M. Folk 15314 Sobey Road Saratoga, Ca 95070 ~£CEi'VED JAN ] 0 2011 ~OARD OF APPEALs Subject: Letter of Appointment References: 7599 Soundview Avenue, Southold, NY 11971-2736 SCTM# 1000-59~06-10, Waiver of Merger with adjacent lot # 11 To whom it may concern, I am the sole owner of the referenced lots. My permanent address in California is detailed above. It is my pleasure to announce that I have appointed Mr. Robert Barratt whose details appear below to act for me in any matters regarding the subject waiver of merger of the subject properties and the associated building permit application. Thank you for your cooperation in this matter. Sincerely, Daisy M. Folk Robert Barratt PE LSA CEng FIMechE Eur Eng Member ASME 4295 Vanston Road Cutchogue, NY 11935, USA Tel, 631 875 0275 Fax, 631 734 2730 robertbarratt~,optonline.net ~/~N ] 0 2011 3 Full scale surveys of lots 10 and 11 ~ARDOFAPPEAL~ Since these are full size drawings they are folded and attached at the end of this document. 4 Single and separate search See attached overleaf ~ECEIVED TITLE NO: 10-7404-80472-SUFF District: 1000 Section: 059.00 Block:06.00 Lot: 010.000 .JAN 1 0 20]I i3OARD OF APPEALS Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above-captioned property has been in single and separate ownership by Rudolph Bernstein and Daisy/4. Folk and his/her predecessors in title since prior to 4/1/1957 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty-Five Thousands Dollars ($25,000.00) and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: 12/08/10 Fi'DEEFY NATIONAL TITLE INSURANCE COMPANY : '§AN6~ ]. G(~/LE~KI Sworn to before me this 8th day.of December, 2010 Notary Public ANN ItlLL Notary Public, State of New York No. 5032468 Qualified in Suffolk Coun~ Alt / Corn mlsslon Ex pire$ August 29, l~O!t~ RECEIVED T1TLE NO. 10-7404-80472-SUFF STATE OF NEWYORK)ss: COUNTY OF SUFFOLK) jAN 1 0 2011 ~'"~)ARD OF APPEALS Sandra ]. Goleski, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM: 1000-059.00-06.00-010.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/01/57. SUB.1ECT PREMISES: 1000-059.00-06.00-010.000 John A. Muir and George G. Muir To Florence S. Kramer Liber 3574 cp 365 Dated: 9/05/53 Rec'd: 9/08/53 Florence s. Kramer To Barbara Bemstein Liber 5854 cp 370 Dated: 10/27/65 Rec'd: 11/08/65 Barbara Bernstein To Rudolph Bernstein Liber 7850 cp 71 Dated: 4/21/75 Rec'd: 6/03/75 No deed found of record from Rudolph Bernstein to Edith Inga Bemstein. Rudolf Bernstein, as Executor of the last will and Testament of Edith Tnga Bernst~in, deceased To Rudolf Bernstein and Daisy M. Folk LAST DEED OF RECORD Liber 12313 cp 290 Dated: 4/30/03 Rec'd: 4/13/04 FIDELYFY NATIONAL lilLE INSURANCE COMPANY SANDRA ]. GOL~'SKI Sworn to before me this 8th day, of December, 2010 Notary Public (]ommission Expires August 29, _k~/~ 2 PREHI'SES NORTH, EAST AND WEST: 1000-059.00-06.00-009.000 Howard M. Terry, Jonathan H. Terry and Caroline Terry Ross To John A. Muir and George G. Muir Liber 3261 cp 389 Dated: 8/23/51 Rec'd: 9/10/51 John A. Muir and George G. Muir To Daniel T. Smith and Margaret E. Smith his wife Liber 4453 cp 186 Dated: 1/22/58 Rec'd: 4/28/58 Daniel T. Smith and Margaret E. Smith, his wife To Alice Ranieri and Louis Ranieri, her husband Liber 9048 cp 128 Dated: 5/22/81 Rec'd: 8/06/81 No proof of death of Louis Ranieri found in Suffolk County Surrogates Court. Alice Ranieri, as surviving tenant by the Entirety To Richard Johnson and Pamela Maino Uber 12521 cp 296 Dated: 8/24/07 Rec'd: 9/07/07 Richard Johnson and Pamela Maino To Judith B. UIIman and Judith A. Moch, as Joint Tenants with right of survivorship LAST DEED OF RECORD Liber 12603 cp 396 Dated: 10/09/09 Rec'd: 10/19/09 PREMISES SOUTH: 1000-059.00-06.00-011.000 John A. Muir and George G. Muir To Florence S. Kramer Liber 3574 cp 365 Dated: 9/05/53 Rec'd: 9/08/53 Florence S. Kramer To Rudolf Bemstein Liber 5854 cp 368 Dated: 10/27/65 Rec'd: 11/08/65 FIDELITY NATIONAL ~ t I LE INSURANCE COMPANY · SANDkA'J-. GOLL~KI - Sworn to before me this 8th da,/of December, 2010 Notary Public 5032468 ~ECEIVED .~:3OARD OF APPEALS Rudolf Bernstein To Rudolf Bernstein and Daisy H. Folk LAST DEED OF RECORD Sworn to before me this 8th day of December, 201(~, Notary Public Liber 11942 cp 911 Dated: 11/30/98 Rec'd: 2/01/98 FTDEL1TY NA'F/ONAL T1TLE TNSURANCE COMPANY SANDRA ]. GOL~SKT ~ECEZVEr~ ~7~OARD OF APPEALS Co am ssion Expires Augast 29, 5 Deeds · Liber 3574 cp 365 · Liber 5854 cp 370 · Liber 7850 cp 71 · Liber 12313 cp 290 · Liber 5854 cp 368 09/08/1953 Lots 10 and 11 11/08/1965 Lot 10 06/03/1975 Lot 10 04/13/2004 Lot 10 10/27/1965 Lot 11 JAN .I. F30/~RD OF Jill ~:l.eteen liund~'~,d anu fi~ty-three ~tion of ..... TEN (~;10.00) ..... hollers, lawful money follows :- forty-two (~2) degrees, fourteen (l~) minutes~ ten (lO) seco.lids a pt~e and the northeastsr!y line of a certain thil~ty (30) foot way~ No~h forty (~+0) degrees~ eleven (11) ,zinutes, thirty [30) seconds East one hundred tv, enty-fiye (125) fe~t to said land now forty (~0) de~raos~ eleven (il) r~in,~tas, thirty (30) seconds ~ECE~ED JAN ] 0 ~ARD OF East sixty-eight and thirty-eight hundredths (6~.3~) feet %o point of beginning. Pa___.~_c_e.l__I_I.. 3eginning at a point on the line betv'een land of the oarties of the first ~art and land no%.~ or formerly of keiter at a ooint along said line ~orth forty (AS) degrees~ eleven {11) minutes, thirty (30) seconds %~est sixty-eight and thirty-eight hundredths (~.3~) fact from a concrete monument the northwesterly line of Sound View Avenue; running from said point of beginning along land conveyed or about to be conveyed to the party of the second ~rt, South forty-nine (49) degrees, forty-eight (&8) ~inutes, thirty (30) seconds L~est one h~dred twenty-five and no hundredths (125.00) feet to a certain thirty (~O) foot right-of-way hereinafter described; thence along said right-of-way, North forty (&O) degrees~ eleven (11) minutes, thirty (30) seconds ~.Jest eighty-five (85) feet; thenoe along land conveyed or about %o be conveyed by the parties of the first ~ar% to the party of the second part~ ~ol'th forty-nine (49) degrees, forty-eight {~8) minutes, thirty (30) seconds East one hundred twenty-five (125) feet %o said land now or formerly of Reiter; thence along the last described land, South forty (40) degrees, eleven (11) minutes~ thirty (30) seconds East eighty-five feet to the point sC beginning. Parcel III. Beginning at a point on the line bet%~een land of the oarties of the first ~rt and land now or fo~erly of Reiter at a point along said line North forty (&O) de~grees~ eleven (11) minutes, thirty (30) seconds %;est one hundred fifty- three and thirty-sight h~dredths (1~3.38) feet from a concrete monument on the northwesterly line of Sound Vie%~ Avenue; running from said point of beginning along land conveyed or about to be conveyed ~o the party of the second ~art, South forty-nine (49) degrees, forty-eight (&8) minutes, thirty (~0) seconds .~est one },~lr,'~d t%eI:ty-f%vs ard no hul,dredths (125.00) feet to ~ c~rt~,],% t'.~]rty {))) fo~.t l i~i~t-of-~ay hereinafter described; t~o~,ce -~o~g said ri, ht-of-v'ay '.orth forty (&O) degrees, ~>leven (11) :::ir:];ten, thirty (3~) seconds L'est eighty-five (85) feeb~ ~art %o Goldsmith ]{fathers, North fort'y-nine (&9) degrees, forty- eight (&Q) minutes, thirty (30) seconds I]ast one hu~]dr~.d twer, ty- five (12)) f~t ~ said ]and ney ;~r ro~e~'l~t of keiter; thence (].1) minutes, thirty (30) seconds P]a~t eighty-five {~)) feet to the ~oint of beginning.. ~arcel ~, ~eginning at a point on the ~urved northwester] line of a certain thirty (30) foot private road, hereinafter described fifty and sixtyTone hundredths ~)9.61) feet southweste bein~ the southwesterly co~er of lands of (~oldsmith; from said point of beginning ~m]ing along said curved northwesterly line of said thirty (30} foot ~rivate road, on a cu~e to the left having a radius of one hundrsd seventy (170}feet a distance alon~ said curve of fifty and sixty-one hundredths 50.51 feet; thenc~ four (?&) degrees, eighteen {lf) minutes, thirty {30) seconds ~Jest one hundred thirty-six (136) feet, more or less~ to the Pond ninety (90) feet, more or less; thence along said lands of Goldsmith, South fifty-seven {)7) degrees, fifteen {1)) minutes zero {00) seconds East one hundred forty-two {1~2) feet, more or less, to the Doint of beginning. hu~dredths {1)~.36} feet soutswesterly along said line from a ~ECEIVED first ~art and land no~ or for~erly of ~eiter; from said point of beginning running alone said line of Sound View Avenue~ South forty-two (42) degrees, fourteen (l&)minutes, ten (lO) seconds West seventy and si~<ty-t%~o hundredths (?0.62) feet to a pipe; thence North forty (~O) degre,s, eleven (ll) minutes, thirty (30) seconds %~est one hundred fifteen (115) feet to a Dips; thence North forty-two (&~l de, tees, fourteen (lA) minutes, ten (10) seconds East seventy and sixty-two hundredths {70.62) feet to a ~i~e on the ~cuthwest~rly line of a certain thirty (30) foo~ erivate road; thence along said private road, South forty {&O) degrees, eleven (ll)minutes, thirty (30) seconds East one hundred fifteen {115) feet to the point of beginniug. Parcel VI. Beginning at a ~ipe set on the northwesterly line of Sound View Avenue two hundred twenty-six and ninety-ei~Y~ hundredths {~26.98) feet southwesterly along said line from a concrete ~on~ment on the line between land of the parties of the first ~art and land now or formerly of keiter; from said point of beginning running along said northwesterly line of View Avenue~ South forty-two (42) degrees, fourteen (l&] minutes ten (10) seconds West seventy and sixty-one hundredths (70.61) feet to a pipe on the northeasterly line of a certain thirty (30) foot private road; thence along said Drivate road~ North forty (&O) degrees, eleven (11) minutes, thirty (30) seconds West one hundred fifteen (11~) feet to a pipe; thence North forty-two (&2) degrees, fourteen (l&) minutes, ten (10) seconda East seventy and sixty-one hundredths (70.61) feet to a pipe; thence South forty (&O) degrees~ eleven (11) minutes, thirty (30 seconds East one hundred fifteen (115) feet to the 9oint of beginning. Parcel_VII. Begin~ing at a pipe set on the southwesterly line of a certain thirty (30) foot private road, hereinafter described, at a point one hundred fifteen (11)) feet northwester ly along said line from a pipe set on the northwesterly line of - ~ ' ~.ECE~VE~ fi3OARD OF APPEALS forty-two t.,, , deI'r~s, fcur'tee:~ (i&) ~ii~ut.~s, ten {10) second~ forty (&O) det~,r~es, elevl~n (il) ~-.Jl-~l~t,~u3, t?.irty {~o) ~ecm,a.,; hundred forty (1~0) fa~t, a distat~c~· on s~id ,mfr~. of elev~s forty-eight hu,,dredths (11.~ feet to a pipe; thence qorth fir% fou~ (51~) delete.s, thirty (30) ~.inaL~s, thil~ty (30)sec~nds East one hundred forty (i&C] fe~t to a pip. set on said sout, kve[~terly of said thirty (30) foot nrivat, road; th,~ce alo~lg said south- westerly lin! of .said thirty (30) foot private road, South forty (gO) degrade% eleven (1l) mim~tcs~ thirty {30) seconds East~ thr.e and nin. ty-nine hundt'edths (&3.99) fe~.t to the ooint of beginning. Parcel VIil. :teginn[ug at a oipe set on the line of a thirty (30) foot pri~'ata l'~,ad) ].~ei~aft~r deacril~ed,at a point one hundred {ifty-~ight a~;d nlqety-nine hundredths So~h fifty-four (~) d~c~,~es~ thirty (30) ~i~,l~es, %l~ir~y seconds ~[.st one hund~d forty (l&O) fr~t to a pipe on the -ast~.-1 liI~e of an~ther t}:irty (~0) fol3t nrivate road; on ~aid cul've of .ighty-three and fifty-ei~jht } ~ drear' s f~et to a n~.oe; th~Dc~ Norths seventy-seven {77) de~rees, forty- eight (Kf} r,inut~s, thirty (30) secmlds East ,'me hundred twenty- three arid bl,ll'Ly-ni~l~ hu,,~ir,.dths (1~3.39) feat ir) a pipe on said road l~n., Co.tl forty '~0} d%,r,~,es, el~.wu~ {il} _ > _ JAN 1 0 Parcel IX. Beginning at a pipe set on the sbutl~westerly ]~me of a c,rtain thirty (30) foot DriveLs road one hundred eighty-eight and ninety-nine hundredths (188.99) feet northwester ly along sai~ line from a pipe on the northwesterly linc of Sound View Avenue; from said point of beginning running South seventy- seven (77) degrees~ forty-eight (4E) minutes~ thirty (30) seconds West one hundred twenty-three and thirty-nine hundredths (123.39) feet to a pipe on the easterly line of another thirty (30) foot private road; thence along said line of said private road on a curve to the right having a radius of one hundred forty (l~O)fee~ e distance on said curve of one hundred twenty-four and eighty- five hundredths (12&.85) feet to a pipe at the intersection of said line with the southwesterly line of first described thirby (30) foot p, irate road; thence along last described line~ South for~y (~O) degrees~ eleven (11) minutes, thirty (30) seconds East one hundred ten (110) feet to t}~ point of beginning. TOGETHER WITH all the right, title and interest, if any, cf the carries of the first part in and to the beach, shore, water and land under water of Great Pond in front Of and abuttin the premises he reinabove described as Parcel IV to the center line thereof. of a right-of-way over and the right to the TOGETHER WITH the:right to the uae~o~ the following described parcel (said rights being in common with others and subject to reasonable rules and regulations as the parties of th first part may from time to time impose) which comprise certain thirty (30) foot private roads and a private beach:- BEGINNING aL an iron pipe set on the northwesterly line of Sound View Avenue, one hundred twenty-six and ten hundredths (126.10) feel southwesterly along said northwesterly line from a concrete monument set on said line aL the Southeasterly corner of land of the parties of the first part and the southwestenly corner of land now or formerly of Carl HaiLer; an~ ru~ing Lhence the following courses: (1) North forty (&O) degrees, eleven (11) minutes, thirty (30) seconds %test three hundred forty-five (3&~] - 6 - ~ECE~VE~ f~et; thence (2) ~;orth, forty-sine (49) degrees, forty-eight (48) minutes, thirty (30) secollds East one hundred twenty-five (115) feet to said land now or for~el-ly of Ca~-i I~eiter; thence along said land now or for:~rly of Carl Reiter, North forty (40) deg,'ess, eleven (ll) minutes, thirty (30) seconds West olde hundre'd (1OO) feet, ~ore or less, to the shore of Great Pond; thence, southwesterly al. ong said shcre of ~reat Pond one hundred fifty (150) feet, more or less; thence the following eourses: (1) South forty (40) degree~, eleven (ll) minutes, thirty (30) seconds East one hundred thirty-three ,(133) feet, more or less, to an iron pipe; t}mnce (~) on $ curve to the left having a radius of one hundred seventy (170) feet, a distance along said curve of two hundred sixty-seven and four hundredths (267.04) feet to an iron pipe; thence (3) South forty (40) degrees, eleven (ll) minutes, thirty (30) seconds East one hundred one and fifty-nine hundredths (181.59) feet to an iron pipe set on said northwesterly line of Sound View Avenue; thence along said northwesterly line of Sound View Avenue, North for~;y-two (42) degrees, fourteen (l~) minutea, ten (10) seconds East thirt and twenty-six hundredths (30.26) feet to an iron pipe; thence the following courses: (1) North, forty (40) degrees, eleven (ll) minutes, thirty (30) seconds West one hundred seventy-seven and sixty hundredths (177.60) feet; thence (2) on a curve to the right having a radius of one hundred forty (140) feet, a distanc, along said curve of two hundred nineteen end ninety-one (219.91) feet to an iron pipe; thence (3) South forty (&O) degre, eleven (Il)minutes, thirty (30) seconds East two hundred ninety- eight and ninety-nine hundredths (298.99) feet to an iron pipe set on said northwesterly line of Sound View Avenue; thence said northwesterly line of Sound Vi,w Avenue, North fort1, degrees, fourteen (14) minutes, ten (10) seconds East thirty and twenty-six hundredths (30.26) feet to the point of beginning. ~ECE~VED JAN :1 O 20Il ~3OARD OF APPEAL~ over t)l!,ee (3) feet ir~ height° 2. ?hat no dwelling building shall be erect(il ~:~ saL~ dwelling house )~%'e a f!~[, to: f, unless apnroved by the pa~'ti~ of t}~ first ~a~'t. ~]i ~'oofsa ~.~' be of asbestos~ cedar o~ (25) feet of t)e nrivate ~oad%,.ay li~a o~' ~ithin thirty (30) f~,~t sell or cause or permit to be sold, on any portion of the oremise hereby conveyed, any goods, or ~e~'cha~ldise of any kind, and shall not carry on, or oe.-mit to be carried on, on any Dart of the said nremises, any trade, business or profession whatsoever, or any boarding house, asylLm] or hospital. 10. Without representation as to the availability of any particular utility service~ the premises shall be subject to electric, electric light~ gas and telephone ease~ents above, on and/or below the surface along any roadway adjacent to said 11. That neither the party of the second part nor her heirs, distributees or assigns, shall or will permit any nuisance lng premises. No accumulations of rubbish, materials of any kind or junk shall be permitted to remain on said premises. 12. That no trailers will be kept, used or allowed upon said oremises, except when kept within an enclosed building or garage. 13. The parties of the first oart agree to place the same restrictions in other deeds of conveyance of the adjacent property now owned by them, north of Sound View Avenue~ and upon that portion fronting on the southerly side of Sound View Avenue to a deoth of two hundred (200) feet, but they shall not be requi to place any restrictions on any oth.r property owued by them in the vicinity. 14. The foregoing covenants and restrictioas ~hall be and are hereby declared to be covenants attached to and runntng with the land, but said ~ovenanta and restrictions shall cease and expire on January l, in the year 2000. TOGETHER with the apourtenancee and all the estate and rights of the oarti~s of the first part in and to said premiaea. -9- ~ed ~CEZVED JAN ! 0 ZOll ~OARD OF APPEALS TO HAVE Ai~ TO HOLD the premises herein grented unto the party of the second part; her heirs and assigns forever. A~ tbs parties of the first part covenant that they have not dona or suffered anything whereby fha said oremises have been encumbered in any way whatever. IN WITh~$S WHEREOF, the parties of the first oart have hereunto set their hands and s~als the day and year first above written. STATE OF NE~ YORK: COUNTY OF SUFFOLK: On this ~--~day of~ Nineteen Hundred and Fifty-three before me, the subscriber, personally appeared JOHN A. MUIR and GEORGE O. ~.~IH to me personally known and known to me to be th~ same persons described in and who executed the within Instrument, and they duly severally acknowledged to me that they executed the same. 10- RECORI)EO ~P ~ 1~53 ~ECEIVED 1 0 2011 I~ 65 before m~ [ On ~' day of ' ' 19 before me descri~ in and who e~e~t~,the Ioregoing insi~ment, and acknowledged that that I · l~fore me ~ECE~VED ~}AN 1 0 2011 1~,7~0 ~ 71 ~..,0 [tU ~RRDOFAPPERLS iQ I IIIIlllllftllllllllllllllllllllllllillllll llll SUFFOLK COUNTY CLERK RECORDS O]TZCE RECORDZNG PAGE ~ of Inmt.~Lvont: D~n$/DDD Number of Pngmm: 4 Receipt Husd~o= : 04-0042027 TRANSFER TAX Nt~BER: 03-38287 3WDOXJ' RI~I~ST~X'N ZOO0 Deed i~vat: iteco=ded: LZBEIt: PAGE: Soon/on: Bloak: 059.00 06.00 $0.00 04/13/2004 12;38:19 D00012313 290 Following Fees rozAbo~ Zastzum~nt TRAHSFXR TAX l~l~.,lt: 03-38287 THIS PAGE IS A PART OF THE INSTRUNENT THIS IS NOT A BILL -40 ~15.00 $50.00 ~0.00 $0.00 $o.oo $127.00 NO HO NO NO NO %dwm~l P.RmMino Cotmt~ Cle=k, Suffolk CountT ~ECEIVED Number of pages ~RR~N~ ~ARD OF APP~ S~al · Cenific~c ~ ~e I Filing F~ TP-584 EA-~2 17 {CoumyL Sub Tolul EA-~217 R.P.T.S.A. 50 ~ Comm. of ~. ~..~ Cenifi~ Copy Reg. Copy Sub O~hcr I - 4 [ ~ J Sali~factiondOi~ha~el~s L~I P~ny ~e~ Maili~ · ~URN Eduard P. [~ea Ine StJFFOLK ~ P290 Re~ording I Filing SU~ml~ J MonE~e Ami, I, Basi~ Tax 2. Additional Tax Spe~'.lAs~h. or ~. ~. TAX ~ Dual Town Dual ~ pm~ co~ by ~s ~uge ily dwel~ only. F~ or NO .... , ConsJdera~n ~ $ CPF T~ Due S Impmv~ ' f R~CORD , TD ~ y nformatlon Su olk Connty Records, hR ~0~ ~ ~RU 8 MUST ~E TYPED OR PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM Fo~ COUNTY USE ONLY INSTRUCTION~http://www.orps.s~,te.,y.u$ or PHONE (518) 47i22 · ~ ~' ..... ~ RP - 5217 PROPE~ INFORMATION ~ FOLK I RLDOLF & DAISY M. I J SALE INFORMATION ~ ASsESSMeNT INFORMATION - Data should reflect th,~, la,~est Final Assessment Roll a~d Tax 6ill CERTIFICATION I P4/OOLF 128 I Bellmore S r_reet Floral Park I NY I 11001 ,: ,/ :. McGOV]~N. ~.m y & DAVIDSON (914) I 632-9300 I NEW YORK STATE COPY ~ECEIV~:D md)sgn~=d bls/her/limb' n~m~b) ns n wilngl<a) ~'~..a,~.-~.r J~,~ ~..-~.kiM .s~. Ami e~. said IhinlI~1 JAN ~ 0 ZOI~ ~OARD OF ~PPEA~ Z~w 9,~--helle, NY 10802-0W40 ALL that censin plot, piece or parcel of land, lying and being at Southold, in We Town of Southold, County of Suffolk and State of New York, bounded and described a~ follows: BF.,(3INNING at a point on the southwesterly side ofa private road, distant the following two courses and distances from the intersection of the nm'thwest side of Soundview Avenue and the southwest comer of land of Carl Reite~. (1) South 42e 14' 10" West 156.36 feet along lhe northwesterly side of Soundv/ew Avenue to the _so_u_th_westerly side of a Private ~1, and (2) North 40~ 11' 30" West along the .southwesterly side of said private mad 13.8.00 feet to the point or place of beg._mmnE; Runn/ng tlum~ South 42e 14 10" West 141.23 feet to the no~he~t side ora private toed; Rvnn;~g thence along ~aid private mad the following two courses and distances: (1) North ~0e 1 i' 3{Y' West 39.60 feet to a point of curve, and (2) in a general northerly di~ct/on along a curve to the right hav/ng a radius of 140.00 feet, a distance of 219.91 feet, to the southwesterly side of another pr/rate road; Running thence alone the southwesterly side of said private road South 40° l 1' 30" East 160.99 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same pt~mises conveyed m Barbera Bematein by FJorenco S. Kramer by. deed dated October 27, 1965 and recorded November 8, 1965 in the Suffolk County Clerk's Office in fiber 5854 at pnge 370. ' I { RUDOLF BERNSTEIN, residing at 128 Belmor, Floral Park,~New York. IoN ~ · ~ ~111 WET~I£SSET}{, that the Party o{ the first par~. {~c°~bidbrati°n °{ ten 4°lIars and °ther wdlmb{e Con6dCrat~0,~ -m [: lylngamlbci.g~O{{{ at Southold, i~hol_df.CO,.l~ty of Suif0 I and State of New York, bounded and ~described as followS: BEGINNING at a point on the.p~rthwest ~ide of Soundview Avenue distant 156.36 feet west of 1and'now or formerly of Ca=l Reiter, · !] which said point is marked by the intersect~Lon of the Southwesterly ~ . side of a private road and the northwester1] side of Soundview Aven ~ I ~unning thence along the northwesterly Iside of Soundview Avsnu ~ Ii South 42° 14' 10" West 141.23 feet to the n~rtheast side of another B~ rI private road; ~ I running thence alon9 said p~ivate road .~orth 40G 11' 30" West I{ l~..00 faet; { ~ * ~ {] running ~h~ce .orth 4~° l~ lO" ~ast ~4i.~3 ~eat: .o~e pr ~m less. to the southweste=ly side off a privatO roast ~ ~ r~ing th~ce along said pri~ate r~8~South ~0' '11' 30'" Eant ~{{ 138.00 feet to ~ ~int Oa place'd~ begi~n~. :~'~ ............. ~] Florence S..Kr~e= by John A. Muir and George O. ~g ~ de~ ~ 'dated Se~er 5, 1953 and recorded Sept~er 6, 1953 in the ~ SuEfolk Co~ty Clerk's office in Liber 3574 at Page 365. TOGF, THER with all right title and interest if a~y of the 1~)' of the first part in and to any streets ant roads abutting the above described pr~mises to the center lines thereolF; TOGETHER with the appunmance~ and all thc' estate and rights o~ the pan), of th~ first par~ in.~d to id pr~mises; TO HAVIE AND TO ., ~Q Florence S. Kramer s~. r~eu~er aud acknov~edge~ the~ a~xed by order of tion, ai~d that h~ signed h corJ~rati~n 'de. bed to me ~n~wn t~be .the indivld~l described in and who - On the' d~y of 19 ; before me :perr~n~lly cmn~ ' . ' sw~;dld~ and my ~a~' he ~ides at ~o. iON oa TOWH OF SOUTHOLD JPIOPERTY RECORD' CARD OWNER, STREET 7~ / d) VILLAGE DIST. SUB. LOT ~FO~R. 9WNER' NGV~4 E ACR. J ..,~h~.~ ~.~0 P~ c~,~ .~,,0300 AI~ ~ ~%r~ '~l'e~; S ~ 5. V. w CODE DATE OF OONSTBUOTION :lohg~on ~ano ~ ////mn~ Tillabl, FRONTAGE ON WATER ~ ~ O W~land FRONTAGE ON ROAD Medd~l~ DEPTH H~ Pict BULKH~D ) TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ;TREET -~ ./._C) · ~'~ VILLAGE f'" "/ :--' N /Dy.: ~..:., E ~: S W DIST.i SUB. ,:'I ACR~ ~- I TYPE OF BUILDING LOT RES, SEAS. VL. ,~// FARM COMM. CB. MICS. ~ Mkt, Value LAND i IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW ~ ~'~a~*~ , BELOW FARM Acre V~lue Per ~ Ac re ~ I Tilloble ' ~ FRONTAGE ON WATER Wo~l~nd I FRONTAGE ON ROAD Me~dowl~nd ~ House Plot i [ BULKH~D Total i I DOCK TOWN OF SOUTHOLD OWNER PROPERTY VI LLAGE W h:~ Pp RECORD CARD DISTi SUB. ACR. TYPE OF BUILDING LOT RES. SEAS. j VL c~.~// FARM COMM. CB. MICS. Mkt. Value LAND IMP. _J TOTAL - DATE REMARKS NEW FARM Tillable AGE NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per j Value Acre FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH 4:::::' House Plot / BULKHEAD Total DOCK 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 13,2011 Zoning Appeal No. 6450 Transmitted herewith is Zoning Appeals No. 6450 of Robert Barratt for Daisy Folk- the Application to the Southold Town Zoning Board of Appeals to Waiver to Unmerge Property. Also enclosed is the Applicant's Lot Waiver Questionnaire, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter form Robert Barratt PE LSA Dated January 10, 2011, Copy of Application for Building Permit with Disapproval Dated December 16, 2010, Notice of Disapproval from Building Department Dated December 16, 2010, Authorization Letter from Daisy M. Folk to Robert Ban'att to Represent her in this Matter Dated December 22, 2010, Letter Listing 3 Full Scale Surveys of Lots & 4 Single & Separate Search, Fidelity National Title Insurance Company Title No 10-7404-80472-SUFF Showing Chains of Title to Property (4 Pages), 5 Deeds, Copy of Deed Between John & George Muir to Florence Kramer Dated September 15, 1953, Copy of Deed Between Florence Kramer to Barbara Bemstein Dated November 8, 1965, Copy of Deed Between Barbara Bemstein to Rudolph Bemstein Dated April 21, 1975, Copy of Recording Page Between Edith I Bemstein to Rudolph Bemstein Dated April 13, 2004, Copy of Recording Page Between Rudolf Bemstein to RudolfBemstein and Daisy M Folk Dated April 13, 2004, Copy of Deed Between Rudolf Bemstein to Rudolf Bemstein and Daisy M. Folk Dated April 30, 2003, Copy of Deed Between Florence Kramer to Rudolf Bemstein Dated October 27, 1965, Copy of Tax Map Showing Lots Owned by Daisy Folk, Copy of Property Record Card for Lot 9(Ullman & Moch, Copy of Property Record Card for Lot 10 (Folk), Copy of Property Record Card for Lot 11 (Bemstein), Copy of Survey Showing Lot 11 as it Exits Dated December 30, 2010 Prepared Peconic Surveyors, Copy of Survey Showing Lot 10 as it Exits Dated December 30, 2010 Prepared by Peconic Surveyors, Copy of Plans Showing Property with Proposed Construction Prepared by Robert O Barratt, Copy of House Plans Showing Floor Plans and Elevation Dated 11/31/10 Prepared by Robert O Barratt. oTOWn of Southold P.O Box 1179 uthold, NY 11971 Date: 01/11/11 Transaction(a): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 96536 Reference Subtotal 6450 $150.00 Check Total Paid: $150.00 Name: Barratt, Robert & Elizabeth 4295 Vanston Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6450 RECEIVED BAR ~011 BOARD OF APPEALS I will present the following statement, if requested by the board: 1. My name is Robert Barratt and Daisy Folk has asked me to represent her at this hearing. 2. If it pleases the board I will now read the following statement. 3. Lots 10 and 11 have been owned solely and separately by my client's family since the 1950's as supported by the chain of title report and the surveys submitted as part of this application for the waiver of merger application of lot 10 from lot 11 4. The initial development consisted of ten vacant lots occupying 3.55 acres plus 0.9 acres for the private road 5. My client's family purchased four lots, and voluntarily merged lots 6 and 7 in order to build their waterfront home on the resulting 0.5 acre lot to preserve conservative set-backs 6. In all five homes have been built to date leaving 1.46 acres of vacant land divided among lots 10, 11, 12 and 13 7. When lots 10 and 11 were merged the resulting 0.8 acre lot became the largest lot in an area at a time when the absence of public water limited future development 8. My client is experiencing hardship since the merger precludes her ability to develop Lots 10 and 11 as single and separate lots now that public water is available 9. The merger also raises the possibility of a large house being built on the merged lot that might be out of character with the existing development but within existing planning guide-lines BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider 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 http://southoldtown.northfork.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, APRIL 7, 20tl PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ APRIL 7, 2011: 11:00 AM - DAISY M. FOLK #6450 - This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-59-6-t0, based on the Building Inspector's December 16, 2010 Notice of Disapproval, which states adjoining nonconforming lots held in common ownership shall merge until the 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 '11. Property located at; 7599 & 7475 Soundview Ave., (adj. to 2 Private Rds.) Southold, NY. SCTM#1000-59-6-10&11. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,,Town. Southold. ny.us. Dated: March 7, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 March 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, April 7, 2011 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 March 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. tf 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, providin.q the returned letter to us as soon as possible; AND not later than March 28th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along 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 March 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 5th, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: FOLK, DAISY # 6450 SCTM #: 1000-59-6-10 VARIANCE: WAIVER OF MERGER REQUEST: UNMERGE LOTS 10 & 11 DATE: THURS., APRIL 7, 2011 11 AM If you are in.terested in this. project, you may review the file(s) prior to the hearing dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 10161 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 24th day of March, 2011. Principal Clerk Sworn to before me this day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY APRIL 7, 2911 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning).Towp. of Southold, the following public heal ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971 0959, on THURSDAY APRIL 7. 2011: 9-30 a.m. - ANNE R. BUNTING #6455 - Request lot Variance from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-14 and Art. III Sec- tion 280-15F and the Building Inspec- tor's January 24, 201l Notice of Disap- proval based on a building permit ap plicatinn for additions & alterations to existing dwelling and construction of an accessory structure at; 1) at less than the code required setback of 100 feet [rom the top of bluff, 2) Accessory structure at less than the code required setback of 100 feet from the top of bluff 3) less than the code required front yard setback ol 60 feet, 4) accessory structure at less than the code required front yard setback of 60 feet on water front property at: 2427 Lnabella Beach Rd.,(adj. to Block Island Sound) F~shers Island, NY. SCTM#1000- · 10-6-14.1 and 11-1-73. 10100 a.m. - FRANK ORHO #6489 - Request for Variance from Art. III Code Section 280-15 and the Building Inspector's February 16, 2011, Notice of Disapproval based on an application for building permit to construct acces- sory in-ground swimming pool at; inca* tlon other than the code required rear yard; at: 3420 StaTM Road E. Ma[ion, NY. SCTM#1000-22-2-18. 10.20 a.m. - NORTH FORK BEAC~ CONDOMINIUMS 86456- Request for Variance from Art. III Section 280-15 and the Building Inspector's December 30,2010 Notice of Disapproval based on a building permit application for acces- sory gazebo at; 1) a location other than the code required rear yard, at: 52325 County Rd. 48 and Sound View Ave. Soutbold. NY. SCTM#I000-135-2-24. MOWDY//6457 - Request for Varian~ from Art. XXIII Code Section 280-124 and the Building Inspector's December 16, 2010 Notice of Disapproval based on an application for.building permzt' to construe accessory m-ground swim- ming pool and pool house at; lot cov- erage of more than the code required 20%. at: 2855 Laurel Trail Laurel, NY, SCTMg1000-1254-24.9. - This is a request for a Waiver of Merg- er under Article II, Section 280-10A, to unraerge land identified as SCTM g1000-59-6-10, based on the Building Inspector's December 16, 2010 Notice of Disapproval, which states adjoining nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this Rg0 Residential Zone District) this lot is merged with lot 11. Property located at; 7599 & 7475 Soundview Ave., (adj. to 2 Private Rds.) Southold, NY ~ a.m. - JAME.e CONNOLIN 864~ - Request for Variance from Arti- cle XXIII Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on a build- ing permit application for porch addi- tion to existing dwelling at; at less than the code required front yard setback of 50 feet, at: 5575 Sound Ave., Mattltuck, NY. SCTM#1000-I21-1-3.2. 1'1:40 ann.. JAMF~q and KATH. for Variance from Art. XXII Code Sec- tion 280-116 and section 280-15 and the Buildin Inspec offs Janu · g ary 19, 2011 Nouce of Disapproval based on an ap- plication for building permit to constract accessory in-ground swimming pool and existing shed at; 1) bulkhead setback of less than the code required 75 feet for the pool, 2) location other than the code required rear yard for the shed at: 415 Harbor Lights Dr. (adj. to creek or ca~ hal), Southold, NY. SCTM#10O0-71-2-4. '40TARY pUBLIC..S'fAIE 0[' NEW yOR~: No, n! -V06105050 QL:~fii[ied in Suffolk County 12.'00 o.m. - NOR1]-I FORK COM- MUNIT~ THEATER #6460 - Request for Variance from Art. III Code Section 250-46 and the Building Inspector's De camber 1, 2010, Notice of Disapproval based on an app cation for building per- mit for lot line change at; 1) lot size less than the code required 20,000 sq. ft. per Bulk schedule in HB District, 2) less than the code required rear yard setback of 25 feet, 3) less than the code required side yard setback of 10 feet, at: f2700 Sound Ave. and 12605 Main Rd., Mattituck. NY prior meetings and pending additional information: Adjourned from Public Hearing Feb- mary 3, 2011: ~..00 _n.m. - IRENE RUTKOSKI ES- The Board of Appeals will hear all persons or their representatives, desir- ing to bo heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing· Each bearing will not start earlier than designated above. Ides are available for review during regular business hours and prior to the day of the hearing. Il you have questions, please contact our office at (631) 765-1809, or by em~tik Vicki. Tot h@Town. So ut hold.ny, us · Dated: March 7, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY H971.095g TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK New York, being duly sworn, deposes and says that: On the day of ~ ~-¢~ ,2011, I personally mailed at the United States Post Office in ~'r¢~oqo~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached' Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) 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. (Signature) residing Sworn to before me this 1~5-g' dayof l-h~0x/~C-~ ,20 ~[ (Notary Public) CONNIE D. BUNCH Notary Publffi, State of New York No. 01BU6185050 Qualified in Suffolk CounTy Commla~lon F..x~ire~ April 14, ;2o~- PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. I.?..80 $2.30 Tot~ Poe~ag. · E.es $ $5.54 03/lq/2011 Postage Certified Fee Postmark (Endorsement Required) $2.~0 Here (Endorsement Required) Total Postage & Fees $ $5.~ ~14/~11 ~r~ 7~E~;[ ....................................................................... D~-~G~,-2~Y;~' ..................................................................... Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) .JD Certified Fee Return Receipt Fee (Endorsemenl Required) Restricted Delivery Fee (Endorsement Required) $0.4q $2.80 $2.30 SO.GO $ $5.54 03/14)2011 · Complete items 1, 2, and 3. Also complete [tern 4 ~f Restricted Delivery is desired. · Print your name and address on the reverse so that we can re~tum the card to you. · Attach this card to the back of the mailpiece, or on the front if space parmits. 1. Afficle Addressed to: C. Date of Delivery D. is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service 'lype [] Ce~ified Mai~ [] Express Mall [] Registered [] Return Receipt for Merchandise I [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 2. Article Number ('rransfer from serv/ce labe/) 7010 1670 0002 1169 4858 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. , · print your name and address on the reverse so that we can ratum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J~Addressee B Received by (Pdnted Name) C. D te Dallve Lf YES, enter delivery address below: [] No Ii Service Type [] Certified Mall [] Express Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. · Restricted Delivery? irExtta Fee) [] Yes 2. ArticteNumb~,..i,{i.. ' :~ "' 6n~s~r~,v/c~mbot) [ 7010 1670 0002 1169 4865 PS Form 3811, February 2004 Domestic Return Receipt;. · Complete items 1, 2, and 3. Also complete item 4 Ii' Restrt~ Delivery Is desired. · Print your name and address on the reverse' so that we can return the cad to you. · Attach this card to the back of the mai{plece, or on the front if space permits. 1. Article Addressed to: [] Addressee Printsd Name) ,¥!, lifferect from Eem 17 []Yes address below: [] No [] Certified Mall [] Express Mall [] Registered [] Rstum Receipt for Merchandise [] Insured Mall [] C.O.D. Restricted Deliver? (Extra Fee) [] Yes 7010 1670 0002 1169 4827 2. Ntlcle Number (Trsnsferfrom setvlce label) =S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-lr~4~'_ D Postage Ce~fied Fse Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Certified Fee ru ~ Return Receipt Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Required) ,J:l Total Postage & Fees $0.44 $2.80 $2.30 S0.00 $ $§.,~ J Postage Cedif[ed Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $2.80 14 Postmark $5.54 0~/1~/2011 $0.61 ~.80 $2.30 ~0.00 $ $5.71 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that weean return the card to you. ' · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature [] Agent [] Addressee B. Recaived by ( P~nted Name) D. Is delive~ address different florn Eem 1 ~ [] '~es If YES, enter deflvery address below: [] No I f-I Registered r'l Return Receipt for Merchandise [~ [] Ir~ured Mai~l [] C.O.D~ -- 2. Article Number Crran~rf~om~,~ce/~) 7010 1670 0002 1169 4810 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee ~f YES, enter delivery address below: [] No [] C~'tifled Mai[ [] Express Mail [] Registered [] Rstum Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) 1~ Yes 2, Article Number (Transfer from se~/ice label) 7010 1670 0002 1169 4841 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse . so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: If YES, enter dailveP/address below: [] No 3. Se~lce Type ~ed Mail [] Express Mail [] Registered I-1 Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? {Extra F~e) r'l Yes 2. Article Number (Transfer from sen/ce labe/) 7010 1670 0002 1169 4803 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 POST, GL SERVICE. Home I Help I SiRn In Track & Confirm Track & Confirm FAQs Search Results Label/Receipt Number: 7010 t 670 0002 1169 4858 Expected Delivery Date: March 16, 2011 Class: First-Class Mail® Service(s): Certified MailTM Return Receipt Status: Notice Left We attempted to deliver your item at 12:08 pm on Mamh 17, 2011 in BROOKLYN, NY 11218 and a notice was left. You may arrange redelivery by visiting www.usps.com/redelivery or calling 800-ASK-USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: · Notice Left, March 17, 2011, 12:08 pm, BROOKLYN, NY 11218 · Arrival at Unit, March t7, 2011, 5:16 am, BROOKLYN, NY '11218 · Acceptance, March 14, 2011, 2:17 pm, CUTCHOGUE, NY 1'1935 Netification Options Track & Confirm by email Get current event information or updates for your item sent to you or othem by email. Track & Confirm Enter Label/Receipt Number. Site Map Customer Service Forms Gov't Services Careers Copyright~ 2010 USPS. All Rights Reserved. No FEAR Act EEO Data Pdvacy Policy Terms of Use Business Customer Gateway · Complete Items 1, 2, and 3. Alan complete item 4 If Restricted Delivery Is desired. · Print your name and address on the reverse · so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A, Signature 3. Service 3ype [] Certified Mail [] Express Mail r-I Registered [] Retum Receipt for Merchandise [] Insured Mail [] C,O.D. 4, Restricted Delivery? (Extra F-se) [] Yes 2. Article Number (Tran~Yerfromservicefebel) 7010 1670 0002 1169 4834 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Received?by (~ Pr/rrt~d N _a~e'~ / ~' Date of 3. Se~lce Type ~..,e~ Mail [] Express Mail [] Registered [] Ratum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extm~Fes) [] yes 2. Article Number (Transfer f/om sen4ce label) PS Form 3811, February 2004 Domestic Return Receipt 7010 1670 0002 1169 4872 TOWN OFSOUTHOLD. ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- ~ cl ~ /o ~ { O COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~P---C~--P_.T t~*V..a_C~WT residingat z~r-Zq~ Vhto%-i'h~ 6243'-i-C ~'-F~ Cn h) F__.. , New York, being duly sworn, depose and say that: On the '2~ . day of ~ t:~p..C_ H ,2011 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be "B4o~.~t~a¥ ~. -~rt~ ~O Sworn to before me this · .~ff<q)ay o f~6cA ~ , 2011 (N~ary Public) - (/ (Signature) * near the entrance or driveway entrance of my property, as the area most visible to passerby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 ! Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 11,2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6450 Owner/Applicant: FOLK, Daisy Action Requested: Waiver of merger. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie ~ ZBA By: /isman BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider 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 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 April 21,2011 Robert Barratt 4295 Vanston Rd. Cutchogue, NY 11935 Re: ZBA File#6450 - Folk Dear Mr. Barratt: Transmitted for your records is a copy of the Board's April 20, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Encl. Cc: Building Dept. GREAT POND 2?.3 3 -