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Home My WebLink About6470 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVEDA 2oll $outhold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 18, 2011 ZBA FILE: 6470 NAME OF APPLICANT: David J. Verity SCTM#1000-78-3-26 PROPERTY LOCATION: 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject parcel consists of 57,397 sq. ft. it is improved with a one story framed house, framed garage, one and a half story framed building and a framed cottage. It has 198.60 feet of frontage on Nokomis Rd., 271.50 feet of frontage on Hiawatha's Path, 215.72 feet along the east property line and 270.00 feet along the north property line as shown on the survey prepared by Peconic Surveyors, dated August 18, 2010. BASIS OF APPLICATION: Request for Variance under Article IV Section 280-18 and the Building Inspector's March 23, 2011 Notice of Disapproval based on an application for building permit for a subdivision, at: proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft., 3) side yard setback at less than the code required 15 feet, proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft RELIEF REQUESTED: The applicant is seeking variances to subdivide his property into two non- conforming lots, requiring lot area of 31,057 sq. ft. for Lot 1 and 26,340 sq. ft. for Lot 2 where the code requires 40,000 sq. ft. and lot frontage of 115.03 feet for Lot 1 and 83.57 feet for Lot 2 where the code requires 150 linear feet. Additionally, on proposed Lot 1 a side yard setback of 7.9 feet is requested where the code requires 15 feet. Page 2- May 18,2011 ZBA File#6470 - Verity CTM: 1000-78-3-26 ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board and in a response dated February 9, 2011, the Planning Board stated the applicant would need to apply to their department for a lot line modification and did not state any objections to the requested area variances. Additionally, the agent for the applicant presented a deed that was dated November 12, 1941, which is prior to current zoning, but was not recorded until August 25, 1983, which as after the code required date of June 30, 1983 for lot recognition. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Town Law §267-b(3)(b}(1) Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed subdivision is in keeping with the neighborhood because the majority of the lots in the area are equal to or smaller than the two proposed lots. Additionally, both proposed lots are improved and have existed as such since prior to the zoning code of 1957 and no changes to the existing structures are being proposed by the applicant. 2. Town Law l~267-b(3)(b}(2~ The benefit sought by the applicant can not be achieved by some method feasible for the applicant to pursue, other than an area variance. Since the deed was not recorded until after the date for lot recognition, the applicant has to pursue an area variance. 3. Town Law §267-b(3)(bl(3) The variances requested herein are substantial. The lot area variances are as follows: Lot 1, a 23% variance, for Lot 2, a 34% variance based upon present code requirements. As for the non-conforming side yard setback, this represents a 47% variance from the present code requirements. However, the creation of two lots with one dwelling on each will eliminate the existing non-conformity of two dwellings on a single lot. 4. Town Law l~267-b(3}(b~(4} No evidence has been submitted to suggest that the variances requested in this residential community will cause an adverse impact on the physical or environmental conditions in the neighborhood. The structures pre-exist zoning and no changes are proposed by the applicant. 5. Town Law §267-bi3}ibl(5) The alleged difficulty has not been self created in so far as the deed was not recorded on one of the lots at the time the lots were created. 6. Town Law §267-b The grant of this application is the minimum necessary to allow the applicant to enjoy his property while taking into consideration the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to Page 3- May 18,2011 ZBA File#6470 - Verity CTM: 1000-78-3-26 GRANT, the variance as applied for, and shown on the survey prepared 8/18/2010 by Peconic Surveyors. Applying the following identification to each lot: Lot I as the most northerly lot consisting of 31,057 sq. fi and Lot 2 the most southerly lot consisting of 26,340 sq. fi. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject proper~y that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformiiy. Vote of the Board' Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This ~es~fl~tion was duly ad~pted (5 -0). Leslie Kanes/Weisman, ~hairperson Approved for filing <--/..)/' /2011 SURVEY OF PROPERTY HARDING A T LA UGHING ~A TER TO~N OF SOUTHOLD SUFFOLK COUNT~ N.Y. 1000- ?8'03-26 SCAL~' 1~30' AUGUST 18, 2010 /~EWED BY ZBA/ (651) 765-5020 FAX P.O. BOX 909 1230 ~A ~LER - SOU~OLD, N.E 119 I MARTIN H. SIDOR Chair WILLIAM J. CRE~ ~ L. ~w~s J~S H. RICH III DON~D ~. ~L~ENS~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 FEB 1 5 ~])~1 To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date: February 9, 2011 Re: ZBA #6452, Request for Lot Recognition SCTM#1000-73-3-26 Zoning District: R-40 Location: Southold The Planning Board has received your request for comments regarding the above referenced application requesting lot recognition. The Planning Board requests that should the Zoning Board of Appeals grant the requested lot recognition a condition be made requiring the applicant to either apply to the Planning Board for a lot line modification to ensure that the existing house which would then straddle the newly recognized property line be addressed or that the existing house be removed. Should you have any questions or need additional information, please contact the Planning Department. Thank you. FORIvI NO~ 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL ~c~e APt? ~OA~D OF Ai~P~AL$ DATE: March 23, 2011 TO: Patricia Moore for Hclcn Vcfity 51020 Main Road Southold, NY 11971 Please take notice that your application dated March 3, 2011 For a permit for a subdivision at: Location of property: 865 Noko]nis Rd, Southold NY County Tax Map No. 1000 -Scction 78 Block 3 Lot 26 Is returned herewith and disapproved on the following grounds: The uro~osexl two lot subdivision, on this 57.397 sauam foot lot in the Residential R-40 Distriq!,. i. _s_not n~rmittcd nur~uant to Article IV, 8~tion 280-18, which states; No buildimt or r~remises shall bc used and no building or part thereof shall be erected or altered in the Low-Density Resicl~ti~l R-40 District unless the same conforms ~0 thc reauirements of thc Bulk Schedule and of thc varkin~ Schedule. with thc same forcg_.~_d.. effect as if such regulations were set forth herein in full. Bulk Schedule rcouir~ a minimum lot si~ of 40.000 mu,am fcct. Following thc proposed subdivision. ~ac.h lot will b~ non-conformin~, m~saring 31.057 souare fe~ and 26.340 souarc feet reavex:tivelv. And the roauired width is 150 linc, ar ft. Followine the subdivision the respective width~ will be 115 and 83.5 ft. Aiwa. tho uroDoaocl subdivision is not ~ermittcd r~urauant to Article I11 280-124. On lots between 20.000 and~_}_9.,9~._.s_q.~ft,, the reaoired side yard is 15 ff The r>rovosed side yard sc~ back of the ._e3_istimz orincinle building is 7.9'. Thc urouosed subdivision reauires avoroval from the Southold Town plannim, Board. Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 865 Street Nokomis Road Hamlet Southold SCTM 1000 Section 78 Block 3_~_Lot(s}26 Lot Size 57,397 sq.ft. Zone R-40 L"VED APR 4 ZOll ~O,4RD OF ApPEAL$ I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 23, 2011 BASED ON MAP dated August 18, 2010 Applicant(s)/Owner(s): David Verity Mailing Address: P.O.Box 151, Southold NY 11971 Telephone: 765-4980 Fax #: Email:pcmoorel~,optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Sonthold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel(~,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s), or X Authorized Representative, or ~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED August 18, 2010 (survey) and DENIED AN APPLICATION DATED March 3, 2011 FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Articel IV, Section 280-18: Property consists of two deeds: Northerly lot is 26,622 sq.fl., Map of Section 2 Laughing Water dated November 1, 1950. Southerly lot is 30, 775 sq.ft.. The Verity family purchased two separate parcels and developed both parcels with single family dwellings in the 1940's. The deed for the southerly parcel was conveyed by Cedric and Claretta Wickham in 1941 but not recorded until 8/25/83. An area variance is required to subdivide parcel (1000-78-3- 26)with less than 40,000 sq.ft. Articel III 280-124: A modification to the original property lines of the two parcels is proposed in order to locate the dwelling with more conforming setbacks. See Peconic Surveyors survey with "proposed Lot line". The setback of the existing dwelling on the northerly lot is 7.9. Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. X A Variance to the Zoning Code or Zoning Map. ~OARo OF AppEALS A Variance due to lack of access required by New York Town Law-Section 280-A. ~ Interpretation of the Town Code, Article Section Reversal or Other A prior appeal has, y has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our offtce for assistance.) None Name of Owner:Verity ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The properties are shown on Map of Section 2 Laughing Water subdivision developed by Cedric H. Wickham and Claretta S. Wickham in the 1940's. The subject property appear on the subdivision map as two separate parcels, owned by the Verity family. HISTORY: The two properties owned by the Verity family were described parcels with meets and bounds descriptions which match the parcels shown on the Map of Section 2 Laughing Water subdivision map. The lots have historically been treated and maintained as separate and independent residential lots by the Verity family since the date of:their original creation. The First property purchased was the southerly lot on 11/12/1941, the lot is on the corner of Nakomis Road & Hiawatha's Path. The 30,775 square foot parcel was purchased from Cedric H. Wickham and Claretta S, Wickham by John Verity and Helen Verity. The Verity family built their home and detached garage on this parcel prior to zoning (1941-1944). The Verity family paid for the property but unknown to anyone the deed for the separate southerly parcel was not recorded at the Suffolk County Clerk. The deed was found (unrecorded) after Mr. Verity died and recorded on August 25, 1983. The northerly lot was purchased after the house parcel ( 4 years later) from Cedric H. Wickham and Claretta S. Wickham by John & Helen Verity on September 7, 1944 and recorded at the Suffolk County Clerk 1/22/46. The separate vacant parcel was purchased during the war and Mr. Verity built a small year round house in 1950. A barn was later built in the 1970's by Mr. Verity. This house, built prior to zoning, provided year round dwelling for a local family. The house remains occupied. The two houses existed on two separate parcels and the Verity family intended that the parcels be separate. The assessors combined the parcels with one tax lot number when the ~ECE/VED gOARD OF APPEALs Town first established tax cards in 1961. The Town records provide no explanation why the two properties were combined, particularly when thc recorded deed description was for only ~;/D one of the separate parcels. The property card may have been an error because the deed for the larger house (southerly lot) was signed in 1941 but not recorded until 1983. The Assessors propert3' card does not match the schedule "A' descriptions on the deeds. The Assessors should have corrected their property card in 1983 when the unrecorded deed was recorded. The two properties have always been held with separate deeds and continue to be held as separate parcels. The area variances for the parcels will reestablish the two parcels. The two parcels are developed and have been occupied by two families since the homes were built. The two properties are the original parcels developed in 1941. The proposed change to the property line as shown on the Peconic Surveyo's survey, with the proposed lot line will enable the two pre-existing nonconforming homes to remain and become conforming. In,he neighborhood, there will be no perceptible change to the character of the community. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The two parcels were created prior to zoning, as described parcels on the map of Laughing Water. Both lots were developed prior to zoning with single family dwellings, however the failure to record the original deed till 1983 affected the recognition of the pre-existing nonconforming southerly lot. The two parcels are developedand are larger then most of the lots of the Laughing Water subdivision. The Laughing Water subdivision is well established and the majority of the properties are developed. Because the houses were constructed in the 1940's without surveys the house on the northerly parcel encroaches on the deeded property line. The proposed lot line change from the original deed descriptions would correct the encroachment and retain two comparably sized developed parcels. We have provided a survey of the proposed lot line and proposed acreage of the two parcels. The line can be adjusted as the Zoning Board sees appropriate. If the variances are not granted the family will loose the benefit of two separate homes they have owned since the 1940's. (3) The amount of relief requested is not substantial because: The zoning ordinance requires parcels with 40,000 sq.ft., however, the Laughing Water subdivision, developed in the 1950's, contains properties which are on average 15,000-20,000 sq.ft.. The subdivision of this property will maintain an existing condition. The property contains ~'wo single family dwellings and have provided a home to two families since the 1940's. (5) Has the alleged difficulty been self-created? ( )Yes, or ( x )No The Verity family has owned two properties since the 1940's without knowing that the Town of Southold did not recognize the existence of the separate southerly parcel. The Assessor's records did not conform to the deeds on record. The northerly lot was created by deed in 1944 and remains the same. Only as to the Southerly parcel, the deed was not recorded until 8/25/83 the Notice of Disapproval raises the issue of"Lot Recognition". As evidenced from the deed itself, the deed ~ECEZI/ED APR BOARD OF APPEALS was signed and notarized in 1941. An injUsfi'ce exists where merely failure to record the deed, signed in 1941, and developed with a single family dwelling, results in the "non-recognition" to the family of this parcel. The southerly parcel, in fact, exists. The ~urrounding lots (northerly and easterly lot) were sold off by C.H. Wickham in the 1940's. Wickham acquired all the land in 1935. On July 24, 1941 C.H.Wickham filed a map of the roads of Laughing Water. (See File Map #917) Thereafter he began to sell the individual lots which he had mapped. The Verity family was one of the first property owners in the subdivision and some of the first homes built in Laughing Waters subdivision. As was common practice, Wickham retained the title (deed) until the property was paid off. In this case the property was paid offbut the deed delivered to Mr. Verity was inadvertently not recorded until it was discovered, unrecorded, after Mr. Verity died. According to the records at the Suffolk County Clerk's Office, the separate southerly Verity parcel remained in the title of Cedric & Claretta Wickham until 1983. The parcel dimensions remained unchanged and the surrounding parcels were sold off as follows: To the north) The original owner, Cedric H. Wickham and Claretta S. Wickham sold off the northerly parcel (northerly part 1000,78-3-26) to John and Helen Verity in 1944. The Verity family built a house on the parcel. To the east) The easterly parcel (1000,,78,3-51 1) was sold to the Town of Southold in 1949(North Fork Housing Alliance developed the parcel for the affordable housing program in 1989). As a described parcel, what remained of the 30,775 sq.ft., meets Article II, Section 280-9, the identical lot was created by deed(s) (surrounding parcels) recorded in thc Suffolk County Clerk's office on or before June 30, 1983. Are there Covenants and Restrictions concerning this land: X No. Yes (please £urnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: Please be Sure~tO consult your attorney.) ~/gnature of Appellant or Authorized Agent Swor/~t before me this d,~---~2 01 {)/f) / RECEZl/ED A?~ 4 2011 ~OARD OF APPEAI~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_David Verity__ Date Prepared: January 5,2011 ~OARD OF APPI~ALS I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge) Is basement or lowest floor area being constructed If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: n/a Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property:__ Square footage of your lot: Tax Lot it 1000-78-3-26 Total lot area 57,397 sq.ft. Deed of northerly parcel: 26,622 sq.fl. Proposed Lot (Area): Existing House: 6730 sq.ft, with 330.89 accessory building Deed of southerly parcel: 30,775 sq.ft. Proposed Lot (Area): Existing house: ~ 838.75 sq.fl, and 241.9 sq.fl. Garage Percentage of coverage of your lot by building area: for northerly parcel less than 4% Percentage of coverage of your lot by building area: for southerly parcel less than 4% RECEIVED V. Purpose of New Construction Requested VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ~EcEZVED ~OARD OF APPEAL~ A. Is the s~c~t premises listed on the real estate market for sale? ~'es · Are there any proposals to change or alter land contours? B. J~No ~Yes, please explain on attached sheet. C. 1 ) Are there areas that contain sand or wetland grasses? I~ 2) Are these areas shown on the map submitted with this application? ~.~ 3) ls the property bulkheaded between the wetlands area and the upland building area~'~ 4) If your property contains wetlands or pond areas, hav. e,,X,ou.~,ontacted the office of the Town Trustees for its determination of jurisdic, t,i,on~, \-J ~. ~ Please confirm status of your inquiry or application with the Trustees: ~ ~ '¥'N '- and i£issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ E. Are there any patios, concrete barriers, bulkheads orfence,q~hat exist and are not shown on the survey map that you are submitting? }~,,~.~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy o£'voar building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? '~/~tt-t~lf yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ('~ andproposeduse ~ twv,, xaC/CJ/L ~ignature and Date 2/05:1/07 ~ECEIVED PROJECT I.D. NUMBER 617.20 ~OARD OF APPEALS Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ,PART J--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 5. IS PROPOSED ACTION: [] New [] E,xpan$1on ~ Modltlcallon/alleratlon 6. DESCRIBE PROJECT BRIEFLY: AMOUNT OF [.AND AFFECTED: WILL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~ No If NO, cles~r~be briefly WHAT IS PRE~ENT LAND USE IN VICiNiTY OF PROJECT? ~P,e$1dentlal [] Induct rial [] Commercial [] Agriculture 10. DOES ACTION INVOLVE A PERM~ APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. A~ A RESULT OF FROPOSED ACTION W~LL EZISTING PERMIT/APPROVAL REQUIRE MODiFICATiON? [::] Y.= ~No I CERTIFY THAT THE ~NFORMATION PROVIDED A~OVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before prooeedlng with this assessment OVER ~,ECE~VED PART II--ENVIRONMENTAL ASSESSMENT~o be completed by Agency) APR 4 201] ACTION RECEtV-~COOROINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR PART 5176~ WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASLISHMENT OF A CEA? E. I$ THERE. OR i$ THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS; For each adverse eflect identified above, determine whether it ~ substantial, large, important or otherwise significant. Each effect snoulcl be assessecl in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) cluralion; irreveraibility; (e) gaograi>hic sccge; and (f) magnitude. If necessary, adcl attachments or reference supporting materials. Ensure that exo~anations contain sufficient cletsil to stlow that all relevant aclverse impacts have been iclentified ancl aclequafely ac/clressea. II- Question D of Part it was checked )'es, the geterrnination and significance must evaluate the potential impact o~ the proDosed action on the environmenlal characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse ira'S,acts which MAY occur. Then proceed directly to the FULL FAF anc~lor prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2 ractm,rm ,-t aoa. o, "row sotrr o[r, RECEI*VED APR 4 2011 BOARD OF. APPEALS 500 feet ~f ~ ~ o~n loc~ m ~ ~ g~t ~ b~ ~f~r~ ~ ~t Suffa~.Co~ D~ of P~n~g ~) ~d~ of ~i~ · ' ..... . 4) Ad~s of~'O~:~:. ....,. . . ~ . ." ~ ~'~ ~1 ~n ~ ~,~ ~c~No ~.Y~'~, A~ D[s~ct Nmber .. ' , . ~ To~ A~so~ Offi~,.To~ H~I l~aUoR (765-1937) · l~afio~ ~. ~ ~e pared numb~s on ~e.To~ of Sou~old ~ Prop~ T~ S~~ 2.' ..~ .. -. ~;.. .- ~:. " :. . ~eus Sade a If s ~pe ~ei~.) . . Not~: 1. ~e Io~ bo~.~U ~li~t ~g bom ~e o~em 6f ~ idm~ ~vc ~ ~{r ~ op~fipm ~li~on ~1 be ~e.by ~I~ ~ copy of idmfifiM ~ow ~e ~ ~r m~ling ~l be p~d ~ ~e ~lim~ at &e ~ ~*.~ppli~fioa ts.~tb~ ~r ~ew. F~lum ~ pay at ~ time ~ ~e a~li~on isnot ~mpl~e ~d emot ~ aot~ ~ by ~ bo~d. APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) APR 4 2011 ~OARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. Thc purpose of this form is to provide inlbrmation, which can aleri the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ~ (Last name, flt. s.I 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.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception ID'Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~ Complete the balance of this Ibrm and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant: or D) the actual applicant, DESCRIPTION OF RELATIONSHIP S u b mitt e d t h i s..~ d~a~2l,~- ~..~ '.~i~ ~"~C~3'~._ Signature: Prim Nam,: Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 4 011 ~OARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement othdr 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 explanations 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 ama (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, it shall 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 DeparUnent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND pROPosED ACTION SCTMg'~i ~ 5 -C~t~ The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] 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) (c) Permit, approval, license, certification: [] Nature and extent of action: /,~/]x6vUg) Location of action: Site acreage: Present land use: APR 4 2011 Present zoning classification: ¢ - 4i ~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ~-,J ['~ ~ ~-~ (b) Mailing address: ¢' (--~ ~L , [ ~' / (c) Telephone number: Area Code ( ) "-~ Z~'Zg~--~ C"~. (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 S0uthold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [-~ No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~ (Not Applicable- please explain) APR Attach additional sheets if necessary I~IOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Soutbold. See LWRP Section III - ?olicies Pages 6 through 7 for evaluation critcria [~ (Not Applicable - please explain) Yes No At~ach 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 [] No~-'[~' (Not Applicable - please explain) Attach 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 [] Yes [] No ~ (Not Applicable- please explain) ? Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No ~ (Not Applicable- please explain) I CE VED APR 20H Auach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - pOlicies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ,~ (Not Applicable- please explain) 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- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Pr.otect Southold's water-dependent uses and promote siting of new water-dependent uses i)a . suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. RE¢I~I~E7 ~) ~ Yes [-~ No ~ (Not Applicable - please explain) APR 4 20II ~OARo OF APPEALS A~tach additional sheets if necessary Policy 11. Promote sustainable use of living marine 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- please explain 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 ~-] NoD Not Applicable- please explain A~tach 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 Applicable - please explain PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 25, 2011 BOARDOFAPPEALS Attn: Vicki Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re: DAVID VERITY Premises: 860 Nakomis Road, Southold Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated March 23, 2011 2. Application together with authorization 3. Applicant's project description and Questionnaire 4. ~, Photographs 4. Transactional Disclosure form 5. Survey dated 8/18/2010 showing 2 deeded parcels 6. Agricultural Data form 7. Town property card 8. LWRP form 9. Environmental Assessment form Thank you questions. encls. and please do not hesitate to call should you have V~y truly yours, any David J. Verity Barbara Verity PO Box 151 Southold NY 11971 December 10, 2010 RECEDED 80ARD OF AppEALS Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, David J. & Barbara Verity, authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Suffolk County Department of Health Services and any other necessary agencies on our behalf regarding properties located at 860 Nokomis Road, Southold (sctm: 1000-78-3-26) Barbara Verity 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 /{//-TfiO~'/ Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Building Inspector Date ,;-4/ ,20/ INSTRUCTIONS be .co alttely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of ~,A 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 areas, 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 permit 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 coddle, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. '"~ignature &applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (AS on th6/tax 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. Other Trade's License No. 1. Location of land on which p~oposed work will be done: House Number Street Hamlet County Tax Map No. I000 Section 77 Block ,.~ Subdivision Filed Map No. (Name) 2. State existing use and occupancy of premises and intended use, and occul~ancy of pro, pose~d construction: a. Existing use and occupancy b. Intended use and occupancy. 3. Nature of work (check which applicable): New Building. Demolition 4. 5. Repair Removal Estimated Cost If dwelling, number of dwelling units If garage, number of cars Addition A Iteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth. Height Number of:Stories 9. Size of lot: Front 10. Date of Purchase Dimensions of entire new construction: Front Height Number of Stories Rear Rear , .Depth , Rear Depth Name of Former Owner 11. 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__ NO __Will excess fill be removed from premises? YES__ NO__ l 4. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. [s this property within 300 feet ora tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COUNTY OF ~ff°. (~s: ~.~ C/t~ beingduly sworn, deposes and saysthat (s)he is the appllcant (Name of individual signing contract) above named, (S)He is the C~t~ ( e Officer, etc.) 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 true 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. Signature of Applicant ) OF APPEAL~ VERITY; SCTM. 1000-78-3-26 HOUSE: NORTH SIDE TOWN OF SOUTHOLD ~OPERTY RECORD CARD OWNER S ~,~. '"~' ' ~.1 W."~l.~ I .~ '" .,'1 . TYPE OF BUILDING FARM COMM. IND. '~ CB. MISC. LOT Est. Mkt. Value LAND IMP. TOTAL ~t~/Ao~GEa CON NEW NORMAL BELOW DATE REMARKS ABOVE FRONTAGE ON WATER Farm Acre Value Per'Acre Value FRONTAGE ON ROAD Voodland wampland~=.. rushland louse Plot 'otal 'illable 1 BULKHEAD 'i liable2 DOCK 'illable 3 ~ECEI'VED ~y/~ APR ~, ZOll ~OARD OF APPEALS Ext. Walls ~_,/,~ ~ Interior Finish Fire Pioco /y~ .,eot Patio R~ms 2nd Flor ~wey Dormer Novel Mike ~erity Main Road Southold, NY 11971 By Hand Re: IATRIFqA C,NIOORE ^ ne gt aw Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Estate of Helen Verity SCTM#10 00-78-3-26 Dear Mike: Enclosed I have prepared a diagram of the Verity parcels and the adjacent parcels. The Verity parcel (larger southerly house) was constructed on a parcel created by deed as far back as 1935. The lot which was deeded to Verity in 1941 and recorded in 1983, the title goes back to Cedric & Claretta Wickham who acquired this parcel in 1935. The Verity parcel remained in the title of Cedric & Claretta Wickham at the Suffolk County Clerk's Office until 1983. The surrounding parcels were sold off as follows: Pink The original owner, Cedric H. Wickham and Claretta S. Wickham sold off the northerly parcel (1000-78-3-26) to John and Helen Verity in 1944. The Verity family built a house on the parcel. Blue ~[.[) The easterly parcel (1000-78-3-51.1) was sold to the Town of Southold in 1949(North Fork Housing Alliance developed the parcel for the affordable housing program in 1989). The Verity remaining parcel is a corner lot with Two Roads: Nokomis Road & Hiawatha's Path. Therefore the identical lot was created by deed (s) recorded in the Suffolk County Clerk's office on or before June 30, 1983. The Estate of Helen Verity owns two parcels, with two separate deeds, and two separate year round homes, the larger house sits on the southerly parcel, but both houses were constructed prior to zoning. Both houses continue to be used and occupied as single family dwellings. I am awaiting the notice of disapproval in order to request a waiver of merger because the house on the northerly lot is less than 850 sq.ft. Thank you for your continued courtesies. yours, forty-one ~ CEDRIC E. WIC~M rand CL~RETTA S. WICk~[AH, his wife~ ~esiding at N~ttituck, Southold Town, Suffolk County~ New Yo~k JOHN VERITY and HELEN VERITY, his wife, residing at 522 3rd Street, Brooklyn, New Ybrk d yw t r Avenuo, Nakomis Road and Hiawatha's Path above referred to are located as shown and laid out upon a certain map entitled "I~Iap of Laughi~lg Water, Southold, Long Island~ Ne~ York, property of Cedric H. Wicldaam, I~iattituak, Long ~sland, New York ~ade from actual surveys completed June 50, 19~8 and plotted by Daniel R. You~ P. E. and L. $.", and filed in Suffolk Cottuty Clerk's office July 24, 1941 as map Subject to the following restrictions: Minimum cost of cottage on t~is plot shall be $1000.00 The parties of the first part give to the partie~ of the second part the refusal to purchase the adjoining lot to the North before they consider the sale of same to another pttrchase~o P~rties of t~ first pczrt in c~nd to zcdd~ pren~iz~z, of the seaor~ part, their heir~ o, nd c~si~]r~ forever. Panties of the first pars parties of the first part ~ Tho~ th~ part lea of the first p~rt w~ll exec~to or prorate a~y ~r ~vessa~ ~s~n~e of t~ ~t~ ~ sa~ pre~es; ~[~. ~t s~ parties of the first part set their h~n~s ar~ s~zl s the d~ an~ yec~r first above written. forty-four ~tt~ C~DhiC R. V~ISiOL~ AND CL~RETTA S. WIOiL~AE, his wife, residing at Eattituck, Southold Town, Suffolk County, New YorE, ~ar~ ie s o£th~]trstp~rt,~nd JOHN VERITY AND HELEN VERITY,his wi~e, residing at 522 3rd Street, Brooklyn, New York, P~r~ie s ofth~se~o~part, of the )~rs~ p~r~, in con~ideration of Eeginning at a point in the easterly line of Nakomis Road, this point at the Northwest corner of property of Jo}m Verity, thence North 5° 45' W~st 9E.6~ Ieet by and along the easterly line of Nakomis Road to a point, thence North 84o 21~ East 270 feet by and along the property of John Schimllch to a point, thence South 5° 45~ East 98.6· feet along property of Cedric H. Wickhmn to a point at the Northeast corner of property of John Verity, thence Sout~ S4° E1~ ~est 270 feet along property of Jotm Verity to the point or place of b~inning. of ~ se~orta~ p~r~, their heirs ~ a~si~ns forever. to m~ person~ly ~o~ (~n,d ~ow~ to r~ to be t~ s~n~e persons d~ri~d ~ ~ who aroused ~ho w/th/~ In~r~t, ~n~t h~y duly To p.rt, o'~ ~o.d mr~ Helen Verity, parts of second party ~O~/~ ~l~7 ~ Beginning at a point in the easterly line Of N~d~omis Road, this oint 858.I3 feet from a point formed by the =interseCtion Of the ?ad; thence North 84 2I' East 270 feet by a~d along property of ~ed~ic H. Wickhmn to a point; thence South 5~ 45' East IIS.I2 fee~ to ~ooint in %he no~therly line of Hiawathals Path; thence South 8~ office July 24, IghI as map #917. Subject to the following restrictions: 3~81 TRANSFER TAX SUFFOLK .,, COUNTY Title No. PAC.4023 VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND SAYS: THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 8/1/2010 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 1/111944. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE TOWN OF SOUTHOLD BOARD OF APPEALS TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 8/5/10 SWORN TO BEFORE ME THIS 5th DAY OF AUGUST, 2010' NOTARY PUBLIC MtCHELLE VAiL NOtary Pubtfc, State of New York N~, ?1VA4989708 Surf,, k F' ...... PECONIC ABSTRACT, INC. BY; JEANNE OFFICE MANAGER Title No. PAC-4023 SUBJECT PREMISES: 1000-078.00-03,00-026.000 Frank E. Griffin and M. Clarrissa Griffin, his wife, Bryon Rushmore and Marie F. Rushmore, his wife To Cedric H. Wickham Dated: 7/16/35 Recorded: 8/21/35 Liber 1825 page 519 (Premises and More) Cedric H. Wickham and Claretta S. Wickham, his wife to John Verity and Helen Verity, his wife Dated: 9/7/44 Recorded: 1122/46 Liber 2522 page 383 Cedric H. Wickham and Claretta S. Wickham, his wife to John Verity and Helen Verity, his wife Dated: 11112~/11¢ ~ Recorded~/25/83 ] Liber 9412 page 346 John Verity died 4/15/83. Helen Verity, Individually and as Executrix of John Verity To Helen Verity Dated: 12/29/83 Recorded: 12130/83 Liber 9484 page 587 (North part of Premises) Helen Verity, Individually and as Executrix of John Verity To Helen Verity Dated: 12/29/83 Recorded: 12/30/83 Liber 9484 page 589 (South part of Premises) (LAST OWNER OF RECORD) Sworn to before me this 5th day of August, 2010 Notary Public PECONIC ABSTRACT, INC. by: ~ Jeanne An~ice Manager MICHELLE VAIL Notary Public, State of New York No 01VA4989798-Suffulk County ,-~ · ~ Commission Expires December 16, 20 Title No. PAC.4023 ~ ~ ~ NORTH OF SUBJECT PREMISES: 1000.078.00.03.00.025.000 Frank E. Griffin and M. Clarrissa Griffin, his wife, Bryon Rushmore and Marie F. Rushmore, his wife To Cedric H. Wickham Dated: 7/16/35 Recorded: 8121135 Liber 1825 page 519 (Premises and More) Cedric H. Wickham and Claretta S. Wickham, his wife to Joseph Schimlick and Emelia Schimlick, his wife Dated: 8/30/41 Recorded: 9116/41 Liber 2188 page 101 (Subject Premises) Joseph Schimlick died 1111/59. Emelia Schimlick, as surviving tenant To Theodore Shimlick and Bridget Shimlick, his wife Dated: 1/28/75 Recorded: 2/5/75 Liber 7793 page 107 Theodore Shimlick and Bridget Shimlick, his wife To William P. Harding Dated: 4/21/88 Recorded: 5~5~88 Liber 10596 page 99 William P. Harding To William P. Harding and Kevin J. Harding, as tenants in common Dated: 5~27~88 Recorded: 6/10188 Liber 10621 page 481 William P. Harding died 4~24~06 appointing Kevin J. Harding his Executor. (LAST OWNER OF RECORD) Sworn to before me this 5th day of August, 2010 Notary Public MICHELLE VAIL ~opIR~;ssio~l Expl¢os D~:cerr;ber ~6, 20 I~ PECONIC ABSTRACT, INC. by: ~ __ Jeanne An e~ice Manager Title No. PAC.4023 SOUTH OF SUBJECT PREMISES: HIAWATHA'S PATH WEST OF SUBJECT PREMISES: NOKOMIS ROAD Sworn to before me this 5th day of August, 2010 Notary Public PECONIC ABSTRACT, INC. by: ~ ' Jeanne An~fe Manager MICHELLE VAIL Notary PLzl;iiC, State of New York No. 0!VA :989793 Suff, ~K CoL~r, ty Comm:ss~on Expires December 16, 20 Title No. PAC-4023 EAST OF SUBJECT PREMISES: 1000.078.00.03.00.051.001 Frank E. Griffin and M. Clarrissa Griffin, his wife, Bryon Rushmore and Marie F. Rushmore, his wife To Cedric H. Wickham Dated: 7/16135 Recorded: 8/21/35 Liber 1825 page 519 (Premises and More) Cedric H. Wickham and Claretta S. Wickham, his wife to Town of Southold Dated: 10/11/49 Recorded: 11125/49 Liber 3020 page 301 (Subject Premises) Town of Southold To North Fork Housing Alliance, Inc. Dated: 8/15/89 Recorded: 12/6189 Liber 10977 page 448 North Fork Housing Alliance, Inc. To Susan Mackenzie Dated: 9/21/90 Recorded: 10/1/90 Liber 11144 page 35 North Fork Housing Alliance, Inc. To Susan Mackenzie Dated: 10/17/90 Recorded: 11126/90 Liber 11178 page 580 (Correction Deed) Susan Mackenzie To Susan Mackenzie and Glenn H. Jochum Dated: 9/3104 Recorded: 10/7/04 Liber 12347 page 894 Susan Mackenzie and Glenn H. Jochum To Susan Mackenzie Dated: 3/21/06 Recorded: 9124/07 Liber 12523 page 443 (LAST OWNER OF RECORD) Sworn to before me this 5th day of August, 2010 j . ... Notary Public MICHELLE VAIL Notary Pu ~lie State of New York No, 0 V&4 )89798-Suli: ik COL!~tty Co[nmission Expires December 16, 20 PECONIC ABSTRACT, INC. Jeanne Ans~_~ Manager e Town of Southold P.O Box 1179 Southold, NY 11971 Date: 04/05/11 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 100059 Reference Subtotal 6470 $600.00 Check#: 1690 Total Paid: $600.00 Name: Verity, David J. P O Box 151 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6470 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OEFICER FREEDOM OF INFORMATION OFEICER 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 April 8, 2011 Zoning Appeal No. 6470 Transmitted herewith is Zoning Appeals No. 6470 of Patricia C. Moore for David Veri~, - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated March 25, 2011, Authorization Letter from David & Barbara Verity to Patricia C. Moore to Represent them in this Matter, 3 Pages of Photos of Property as it Exists, Notice of Disapproval from Building Department Dated March 23,2011, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists with Proposed Lot Line Dated August 18, 2010 Prepared by Peconic Surveyors. 0410112011 12:32 HOORE LAN OFFICES F17654643 P.0011001 Attn: Leslie Weisman Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Mlfin Ro~I 8outhold, New York 11971 Tel: (631) 7654330 Pax: (631) 7654643April l, 2011 OA'~O~ Premises: 860 Nakomis Road, $outhold Area Variances Dear Chairman Welsman and Board members: In accordance with our discussions at the March 3, 2011 hearing and further discussion with the Building Department, it was determined that a different approach must be taken in order to achieve my client's ultimate goal of maintaining his two properties. I had prepared the a~pli~ation for area variances and it was my intent to file an application for area variances at the time I filed appeal 6452 for lot recognition, however, the building department, in good faith, advised and directed me to apply for lot recognition only. Following the building department's directive, my client now faces $2,500 new application fees. I would respectfully request that the application fees for the area variances be grandfathered to avoid extreme financial hardship. The facts remain the same as heard in appeal #6452, the lot ~ecognltion application is being withdrawn, and the application fee or #6452 will be credxted toward this application. If acceptable with the Board, enclosed is an additional $600 fee pursuant to the old fee structure. Thank you for your courtesies. encls. ore 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.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, MAY 6, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MAY 5, 2011: 10:60 AM - DAVID J. VERITY #6470 - Request for Variance under Article IV Section 280-18 and the Building Inspector's March 23, 2011 Notice of Disapproval based on an application for building permit for a subdivision, at: proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft., 3) side yard setback at less than the code required 15 feet, proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ff., 2) less than the code required width of 150 linear ft., at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY. SCTM#1000-78-3-26. 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: Vic ki. Toth(~,Town. Southold. ny. us. Dated: April 11, 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 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 21st day of Aprill 2011. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 5, Z011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoinng),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, 1~O. Box 1179, Soutbold, New York 11971-0959, on THURSDAY MAY _~ 2011: 10:00 AM - BROSTAR. LLC #6463 - This is a request under Section 280- 146D for an Interpretation of the Town Code, Article XXIII, Section 280-121. "Non-Conforming uses", appealing the BuiMkng Inspector's February t, 2011 Notice of Disapproval for a permit for operation of a convenience store/service center/gas station in pre-existing gas sta- tion/service staQon, at: 330 Main Street and Champlin Place Greenport, NY. SCTM#1000-34-3-22. Point Rd., (adj. to Shelter Island Sound) Southold, NY. SCTM#1000-81-3-6. 10:50 AM - DA'~I) minimum lot size of 40,000 sq. ft., 2) less mum lot size of 40,000 sq. fl., 2) less than Inspector's ~bra.ary 4, ?!.l..Notice of 'his 1__ week(s), successively, commencing on the application for construction of an acces gory two car garage at; at less than the code required side yard setback of 15 feet, at: 1260 Broadwaters Road (adj. to Broedwaters Cove) Cutchogue, NY. SCTM#1000-104-94.2 1'1:30 AM - BARRY and CAROl, SWEENEY 1/6462 - Request for Vati- ance from Article XXIII Code Section 280-124 and the Building Inspector's February 22,2011 Notice of Disapproval based on an application for a building permit to construct additions and altera lions, including raising the dwelling for FEMA compliance, to a single family dwelling at 1) rear yard setback of less than the code requked 35 feet, 2) lot coverage of more than the code required 20%, at;2395 Jackson Street and Second Street New Suffolk, NY. SCTM#1000- 117-9-25. from Code Section 280-I24 and the Building Inspector's February 4, 2011 Notice of Disapproval based on an appli- cation for building permit existing deck addition at; less than the code required 1020 Ruch Lane (adj. to Arshamomaque Pond) Southold, N~ SCTM#1000-52-2- 33.1 FROM ~ - Request for Varian&e from Pat. XXIII, Code Section 280-124 and the Building Inspector's March 1, 2011 Notice of Disapproval based on an application for building permit for ily dwelling at; 1) less than the code required front yard setback of 35 feet, at: 1650 Fleetwood Rd., (Betts St.) Cu tchogue, NY. SCTM#1000-137-5-13. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing March 3,2011: GAFFGA g6438 ? · // , Principal Clerk day of 2011. ,/ ' CHRISTINA VOLIN$1(I iqOTARY pflBLIC-$1ATI~ OF NEW YORK No 01-VO6105050 Qualified in ~uffoil( Courlty My Comml$$10fl ~J~g! ~0btu0t¥ 28, 2012 I~egmar Piearmg Continued: 1'.30 PM - MARY BETH HENSON ~ff~461 - Request for Variances from Art. XXII Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280- 15F and the Building Inspector's Dec. 9, 2010, Updated February 25, 2011 Notice of Disapproval based on an applica- tion for building permit to construct al terations/additions, accessory in-ground swiraming pool and decks at; 1) less than 100 foot setback from top of bluff for alt/add, 2) less than the minimum code required side yard setback of 15 feet, 3) less than the code required combined side yards of 35 feet, 4) Accessory struc- tures proposed location other than the code required front yard on water front property at: 3300 Sound Drive (Adj. to Long Island Sound) Greenport, NY MI~[~.~_ Request fo Variance from Code Article XXII Sec tion 280-I16B and the Building Inspec tor's July 13. 2010, Updated Februar~ 25, 2011 Notice of Disapproval base~ on an application for building permit fo as built additions and alterations at: 1 two decks at le~s than the code requirec setback of 75 feet from a bulkhead, in cated at: 850 Blue Marlin Drive (adj to Shelter Island Sound) Southold, NY The Board of Appeals wig hear all persons or their representatives, desir lng 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 des!gnated above. Files are available for remew 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-To t h t~Town.Sou t h nld.n V, ii8 Dated: April 11, ~Oll ZONING BOARD OF APPEALS LESLIE K&NES WEISMAN, CHAIR. PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Maglng/USPS) P.O. Box 1179 Southold, NY 11071-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DAVID J. VERITY (Name of Applicant) SCTM Parcel #1000-78-3-26 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, MARGARET RUTKOWSKI, residing at Mattituck, New York, being duly sworn, depose and say that: On the/~°'day of April, 2011, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the 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. (Sigfiature~ MARGARET RUTKOWSKI Sworn to before me this / ~ day ~.~ "------~ota ry Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16. ~°/¥ PLEASE list, on the back of this Aff~ a"d'~'~t or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. DAVID J. VERITY NEIGBHOR LIST 1000-78-3-26 NICHOLAS J. GIBBONS 8 GARDINER PLACE HUNTINGTON STATION NY 11746 SCTM: 1000-78-3-25 RE: V£RITY ZBA 7192 6463 3110 0000 9037 -- ---~ u ~d,f~ENZIE PO BOX 1940 SOUTHOLD NY 11971 SCTM: 1000-78-3-51.1 RE: VERITY ZBA 7192 6463 3110 0000 9044 RICHARD HOCKANSON 1635 NOKOMIS ROAD SOUTHOLD NY 11971 SCTM: 1000-78-3-18 RE: VERITY ZBA 7192 6463 3110 0000 9051 FRANCES MORAN 850 NOKOMIS ROAD SOUTHOLD NY 11971 SCTM: 1000-78-3-17 ANDREW W. HARBIN 1040 NOKOMIS ROAD SOUTHOLD NY 11971 SCTM: 1000-78-3-16 RE: VERITY ZBA 7192 6463 3110 0000 9075 MICHAEL & JOAN COLAVITO 198 DERBY STREET E. WILLISTON NY 11596 SCTM: 1000-78-3-27 RE: VERITY ZBA 7192 6463 3110 0000 9082 RICHARD E. TRIPP FAITH TRIPP, TRUSTEE 910 WABASSO STREET SOUTHOLD NY 11971 SCTM: 1000-78-3-50.1 RE: VERITY ZBA 7192 6463 3110 0000 9099 RE: VERITY ZBA 7192 6463 3110 0000 9068 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 9051 . Article Addressed To: RICHARD HOCKANSON 1635 NOKOMIS ROAD SOUTHOLD NY 11971 :~ ~ORE L~~~ I 1o2o ! SOUTHO~D NY ~1971 I MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 -4. Restricted Delivery? 3. Se~ice Type (Extra Fee) [] Yes CERTIFIED 2.7192N6463Ar*(le un'bet 3110 0000 9037 7192 6463 3110 0000 9037 t. Article Addressed To: NICHOLAS J. GIBBONS 8 GARDINER PLACE HUNTINGTON STATION NY 11746 7192 6463 3110 0000 9044 1. Article Addressed To: SUSAN MACKENZIE PO BOX 1940 SOUTHOLD NY 11971 RECEIPT 7192 6463 $110 0000 9097 FROM: MCOre Law Office RE: VERITY ZBA REC 7192 6~63 3110~30 9044 FROM: Mcore Law o~ce RECEIPT 7192 6463 3110 0000 9051 FROM: Moore Law Office RE: VERITY ZBA RECEIPT 7192 6463 3110 0000 9068 FROM: Moore Law Office RE: VERITY ZBA SEND TO: NICHOLAS J GIBBONS 8 GARDINER PLACE HUNTINGTON STATION NY 11746 POS~~ ~ SEND TO: SUSAR MACKERZ~e PO BOX 1940 SODTHOLD NY 11971 X.;:: 'NTOTAL ~ST~K ~ DATE SEND TO: TOTAL ~ POSTMARK OR DATE SEND TO: 850 NO~E~ RQAp Re~rn Re~ipt ~2 3~ POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 9075 FROM: Moore Law Office RE: VERITY ZBA RECEIPT 7192 6463 3110 0000 9082 FROM: RECEIPT 7192 5463 3110 0000 9099 FROM: Moere Law Office RE VERITY ZBA (EWW HARBIN TOTAL POSTMARK OR DATE SEND TO: MICHAEL & JOAN COLAVlTO 198 DERBY STREET E WILLISTON NY 11596 SEND.TO: ~ ~RIPP, TRUSTEE ,~'{SOUTROLO 5Y,,~11 ~7j TOTAL ¢ POSTMARK OR DATE MOORE LAW OFFICE 51020 MAIN ~ SOUTHOLD Ny'~mmm~'971 I".Restricted Delivery? l~i'~;~ice Type'-" (Extra Fee)~[~es CERTIFIED 2. Article Number 7192 6463 3110 0000 9075 7192 6463 3110 0000 9075 Article Addressed To: ANDREW W. HARBIN 1040 NOKOMIS ROAD SOUTHOLD NY 11971 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 R~eived By: ~re~se~Print Clearly) 11111 IIII IIII II III IIIIIIIIIIIIIIII III 7192 6463 3110 0000 9099 ' ~OORE LAW OFFICE [?~1020 MAIN ROAD I'~UTHOLD NY 11971 1, Article Addressed To: RICHARD E. TRIPP FAITH TRIPP, TRUSTEE 910 WABASSO STREET SOUTHOLD NY 11971 7192 6463 3110 0000 9082 Article Addressed To: MICHAEL & JOAN COLAVITO 198 D~?-RBY STREET E. WILLISTON NY 11596 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes CERTIFIED ~ 7t192~6463^~,~e u~,~.~ 3110 0000 9068 lllllllllll 7192 6463 3110 0000 9068 FRANCES MOR~N~ ~.. 850 NOKOMIS SOUTHOLD NY ~ ~971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DAVID J. VERITY AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-3-26 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, David J. Verity residing at 865 Nokomis Road, Southold, New York being duly sworn, depose and say that: On the ~$~day of April, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, Sv~orn to before me this day of ,~, 2011 mo, 01PE6130~3~ /,. ~allfl~ In SU~lk Cou~ ~ml~ion ~plr~ Ju~ 18,~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. 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 April 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, May 5, 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 April18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al/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. 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 April 25th: 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 April 27st: 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 Posfin.q for receipt by our office before May 3, 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: VERITY, DAVID # 6470 SCTM #: 1000-78-3-26 VARIANCE: SUBDIVISION REQUEST: TWO LOTS DATE: THURS., MAY 5, 2011 10:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 May l9,2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6470 - Verity Dear Ms. Moore: Transmitted for your records is a copy of the Board's May 18, 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,?~, Vicki Toth Encl. Cc: Building Dept. SLE[P¥ 10.5 10,4 HOLLO~ 10.3