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Home My WebLink About6495 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 RI Ci I¥1RI Tel. (631) 765-1809 · Fax (631) 765-9064 ~ 8EP~; 7 2011 FINDINGS, DEL~E~TIONS AND DETERMINATION MEETING OF SEPTEMBER 15, 2011 ~~ $outhold Town {lark ZBA Application No.: 6495 Applicants/Owners: Estate of Cu~is Ho~on Prope~y Location: 1040 Oak Dr., (1835 Mason Dr.) (Hicko~ Dr.) Cutchogue, NY Parcel No: 1000-104-6-14 & 20.1 Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 14,442 square feet (CTM 1000-104-06-14) from an adjacent land area of 14,435 square feet (CTM 1000-104- 06-20.1), based on the Building Inspector's Notice of Disapproval dated May 17, 2011 pursuant to Article II, Section 280-10(A), determining the properties have been merged. The Zoning Board of Appeals held a public hearing on this application on September 1,2011 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 the owners. 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 because: parcel to be unmerged, is one of six lots that are a part of a non-conforming subdivision. Four of which, are presently improved with single family dwellings. The lots in this subdivision, range from 11,250 square feet to the subject parcel of 14,442 sq. ft. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: By physical inspection, the lot consists of mature trees, high brash and thick leaf beds in the center of the parcel. Also, the public record indicates that the involuntary merger resulted from the death ora spouse. (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 topography of the subject parcel is a relatively level. It appears that the lot would not require any filling of soil or change of contour ifa proposed home was constructed. The parcel is an inland lot Page 2 of 2 September 15,201 I ZBA File#6495 - H0rton CTM: 1000-104-6-14 & 20.1 rather than one of the many waterfront parcels in the immediate area. Therefore, any adverse impacts from future construction on this parcel would be minimal. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Goehringer, seconded by Member Schneider, and duly carried to GRANT, the waiver of merger as applied for. Vote of the Board: Ayes; Members Weisman (Chairperson), Goehringer, Schneider, Horning. (Absent was: Member Dinizio) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing q /~a /2011 / SURVEY OF PROPERTY SITUATE CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-104-06-14 S.C. TAX No. 1000-104-06-20.1 SCALE 1"=20' MARCH 28, 2011 AREA DATA 5.C. TAX No. 14,442 sq. ff. 1000-104-06-14 0.332 ac. S.C. TAX No. 14,435 sq. fi. 1000-104-06-20.1 0.331 ac. TOTAL 28,877 sq. fi. 0,663 ac. CERTIFIED TO: ESTATE OF CURTIS HORTON RECEIVED JUL 1 3 2011 BOARD OF APPEALS UNAUTHORIZED ALTERATION OR ADDISON TO THIS SURVEY lB A VIOLATION OF THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, pREPARED IN ACCORDANCE WITH THE BJNIMUM STANDARDS FOR T~LE SURVEYS AS ESTABLISHED By THE LIALS FOR SUCH STATE LAND TITLE ASS( Lic No 50467 Nathan Taft Corwmn III Land Surveyor Successor To S[anley J, Isoksen, Jr LS Joseph A Ingegno L S PHONE (651)727-2090 Fox (651)727-1727 31 04 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE JUL 2011 BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: July 19, 2011 Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Boswell, Wm. L. & Others Estate of Curtis William Horton Cutrone, Nicholas 6494 6495 6496 TRK:ds Very truly yours, Sarah Lansdale 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 RECEIVED JUL 1 3 2011 Date: May 17, 20[~¢)ARD OF APPEALS TO: R Lark Esq for Estate of Curtis Horton P O Box 973 Cutchogue, NY 11935 Please take notice that your application dated May 2, 1011 For a merger determination at Location of property 1040 Oak Dr.,Cutchogue, NY TaxMapNo. 1000 Sectionl04 Block6 Lotl4&20.1 Is returned herewith and disapproved on the following grounds: The subject lot has merged with the adjacent lot to the south (SCTM #104-6-20.1) 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 anv 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. Noncontbrming lots shall merge until the total+- lot size conforms to the current bulk schedule requirements." Authorized Signature TOWN O'F $OUTHOLD B~LDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 · FAX: (631) 765-9502 SoutholdTown.North~ork.net Examined ,20 ApprOged ,20 Disapproved a/%/-~ ~"? ' 5~/ [ Expiration ,20.__ PERMIT NO. BUILDINOi~IIT APPLICATION CHECKLIST Do l~have or need the following, before applying? Board of Health 4 sets of Building Plans p!an~ing Board approval Survey. Check Septic Form N.Y.S.D.E.C. ~'ustees Flood Permit Storm-Water Assessment Form Contact: Richard F. Lark, Esq. Mail to: PO Box 973 t:utciaogue, NY 11935 Phone: (631) 734-6807 (Fax 734-5651) email: LarkandFolt~@aol. com YAY - 2 2011 Date March 15, ,2011 ,, smJc io s a. This application MUST ~ ~mplem ~ filled ~ ~ ~e~r or ~ ~ ~d submi~ ~ ~e Bffil~g ~tor M~ 4 sets of plus, ~te plot pl~ W sc~e. F~ ~g W s~ed~e. b. Plot pl~ ~o~ng l~on of lot ~d ofb~Id~gs on p~s, ~tio~hip W adjo~g p~i~s or public ~ or ~m, ~d w~ays. C. ~e work cove~d by ~s appli~gon may not be commenc~ befo~ iss~ of Buil~g Pe~. d. Upon appwv~ of ~s appli~fio~ ~e Buil~g ~pe~or will issue a B~ld~g Pe~it W &o applic~t. Such a p~it sh~l be kept on ~e pmmhes av~lable for ~specfion ~u~out ~e work. e. No b~ld~g ~l be occupied or us~ ~ whole or ~ p~ for ~y p~ose w~t so ev~ ~fil ~e B~ld~g ~or issues a C~fi~ of O~up~. E Ev~ bu~d~g pe~it.~ll exp~ ~e work au&o~ h~ not commen~ ~ 12 mon~ ~ ~e ~ of i~u~ce or h~ not be~ compl~ ~ 18 mon~ ~m ~ch ~. ffno ~n~g ~en~en~ or o~ m~afio~ ~g ~e pmpe~ have be~ e~ ~ &e ~, ~e Bu~d~g ~eaor may au~o~, addition s~ monks. ~e~r, a new pe~it s~ll ~ ~qa~d. ~pLICA~ON IS ~BY ~E to &e Bulldog D~ent for ~e iss~ce of a Bulldog P~it p~t to the Build~g ~ne ~d~ of &e To~ of Sou~ol~ S~o& Co~, New York ~d o~ appli~ble ~s, ~s or Re~lafions, for ~e con~on ofbuild~ ~ditions, or ~ons or for ~ovd or de~lifion applic~t a~s to comp~ wi~ ~ applicable laws, o~ces, buitd~g ~de, hous~g code, ~d m~afiom, ~d to ~it au~o~d ~sp~to~ on promises ~d ~ bu~d~g for ne~s~ (S~ of ~pH~t ~ ~e, ff a coloron) Curtis Wells Horton 414 Casey Cheese Factory Road Sherburne, ~~Of -ppllc~t) S~te whe~er appli~t is o~, less~, ~en~ ~c~ en~, genc~ con--r, el~ci~ plmber or b~der ~er: A~orney: Richard F. Lark, Esq. Estate of Curtis ~illiam Horton PO Box 973, Cu~cho~ue, ~ 11935 Name of owner ofprenfises Estate of Curtis William Horton (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 No. Plumbers License No. Electricians License No. Other Trade's License No. RECEIgEO / JUL 1 ~ ~P'I~ ~ 1. Location of land on which proposed work will be done: 1060 Oak Drive Cutchogue House Number Street County Tax Map No. 1000 Section Subdivision 104 Hamlet Block 06 BOARD OF APPEALS Lot 14 Fried Map No. Lot 2. Stat~ existing use and occupancy of premises and intended use and occupancy of proposed consu'uctiun: a, Bxisfing use and occupancy vacant (residential zone) b. Intended use and occupancy same 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. EstlrnatedCost none at this time 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Fee Alteration (None at this time) (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 ge~r Depth. Dimensions of same structure with alterations or additions: Front Depth Height Number of Stodes Rear 10. Date of Purchase Dimensions of entire new construction: Front Height Number of Stories Size of lot: Front 112.58 Rear ~'5, 7/25/1961 .Rear Depth 125.Q0 Depth (survey attached) NameofFormer Owner Curtis William Horton & Estate of Mary Jane ttorton 11. Zone or use district in which premises are situated R-40 Residential 12. Does proposed conslructiun violate any zoning law, ordinance or regulation? YES 13, Will lot be re-graded? YES NO x NO x Will excess fill be removed from premises? YES NQ new coB$trug- --tion at this time NO x Estate of Curtis William Horton b.y Curtis Wells Horton, Executor 14. Names of Owner of pren~ses / Addres~.P.h. Qge b~ 607-316-0961 Name of Architect Address'-~'v' J ..... ' .... ~IY~ Nb' l~eu Name of Contractor Address phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetiand? * yES NO x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO x 16. Provide survey, to scale, with accurate foundation plan and distances to propertylines. 17. If elevation at any point on property is at l0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO x · IF YES, PROVIDE A COPY. STATE OF NEW-YORK) SS: COUNTY OF. CHENANG0) CURTIS WELLS HORTON being duty sworn, deposes and says that ~s)he is the applicant (Name ofindividuai signing contract) above named, (g)He is the Executor of the Estate of Curtis William Rorton, (Contractor, Agent, Corporate Officer, etc,) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and ~e 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 fried therewith. Sworn to before me this 1~ dayof~ _ .~~_2011 ~- t / Notary Put011c , Si ture of Applicant Notary Public, State of New York ........ (c,,m~,, ~1CA6068787 ,.X::URTIS T~LLS ~F~TON Executor Fce: $ ~ Filed by: Office Notes: For Office Use Only Date Assigned/ZBA File # RECEIVFD JUL 1 3 2.011 BOARD OF ^""'""::^' '"" WAIVER TO UNIVIERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERIVlINATION OF THE BUILDING INSPECTOR DATED MAY 17, 2011 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 5/2/11 under Town Code Chapter 280 (Zoning), Article II, Section 280-103- for: ~ Building Permit [] Permit for As-Built Construction [] Certificate of Occupancy [3 Pre-Certificate of Occupancy ~] Other (Merger Determination) OwnerofPare¢lforW~ver: Estate of Curtis William Horton Owner ofAdjacent Parcel: Estate of Curtis William Horton Note: If applicant is not thc owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: c/o Lark & Felts, Esqs., PO Box 973, Cutchogue, NY 11935 Telephone No: 734-6807 Fax/Email Fax 734-5651 Email: LarkandFolt s@aol, com Agent for Owner: Lark & Felts, Esqs. (Richard F. Lark, Esq.) Address: 28785 Hain Road, FO Box 973, Cutchogue, NY 11935 Telephone No: 734-6807 Fax/Email: Fax 734-5651 Email: Lar kan~F~-- Please specify who you wish correspondence to be mailed to, from the above: [] Owner, or {]~.Y&uthorized Representative 1(-~), Curtis Wells Horton, Executor, Estate of Curtis William Horton,., request that the Zoning Board of Appeals waiver 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 the purpose of to unmerge Suffolk County Tax Map District l000, Section 104 Block 06 Lot 14 containing14,442 square feet located at #1040 Street Oak Drive, Cutchogue _, to be unmerged from District 1000 Section 104 Block 06 Lot 20.1 containing14,435 square feet. The property is located in thc R-40 Residential Zone District. -1- Pq~2-APPLICA~ONFORWADfBRTOIINN~ROE PROPERTY ZMA# APPLICATION OF CURTIS WELLS HORTON, AS EXECUTOR OF THE M~£ATE OF CURTIS WILLIAM NORTON SCTM #1000-104-06-14 and SCTM #1000-104-06-20.1 RECEIVED JUL ] 2 20!1 The lot lo be unmergexl was originally created by deed dared 7/25/! 961 , is ~a~ant, and has historically been treated and maintained as a separate ~t~aiL-~PPEALS r~sidential lot since the ~t~ of its original creation. Thc lot to b~ unmers~i Ires not becn transfm~d to an unrehtcd pcrson or entity since thc time the merger was cffectcd. This application is an alternative to that provided for under o~her Town Codc provisiom available for an a~a variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is comparable in size to a majority of ~hc improvcd lots in thc neighborhood because: The neighborhood in which the applicant's property is located was subdivided in the late 1940's wherein the building lots on the (CONTINUED ON ATTACHED SHEET) (2) The waiver would reco~niz~ a lot that is vacant and has ~d~ly b~n ~ and maintained as a separate and independent residential lot since the date of its original creation because: Your applicant's parents, Curtis William Horton and Mary Jane Horton, purchased the property which is.now~aX Lot:20.1 as husband-and wife on (CONTINUED ON ATTACHED SHEET) O) Thc proposed waiver and recognition will not create an adver~ impact on the phy~cal or environmental con&flora ~ the ncighborhood or &s~ia because: This neighborhood is strictly residential. The non-waterfront lots are approximately 13,125 square feet in area which are slishtly (CONTINUED ON ATTACHED SHEET) Please check one or moFe of the foliowina that aDDlY tO the lot tO be unmer~ed: ~ 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 ~hc Southold Town Board during 19 (attach copy). ~ TMs lot was approved by the Board of Appeals on ' (please attach). search of Town records found no approvals or other action by the Town of Southold, ex~-prfm-A~li~o. # ..... 'in'fl~wY~ar ........~.- --2-- Page3-APPLICATION FORWAIVER TO UNMERGEPROPEt~TY ZBA # APPLICATION OF CURTIS WELLS HORTON, AS EXECUTOR OF THE ESTATE OF CURTIS WILLIAM HORTON SCTM #1000-104-06-14 and SCTM #1000-104-06-20.1 KIMBERLY R. Wl~MIlI~ Public Notary Public, State of New York No. 015T6026238 I[3r A search of Town records found a Certificate of Occupancy was issued 9 / 22 / 2008 for a dwelling or other purpose on SCTM Lot # 20.1 (please attach copy). (~ttach additionalsheets if needed). ~ ~ ~J ~.a ~ Owner (Parcel 1) Estate of Curtis William Horton by Sworn ~bffor~ me this_ I°' day of, ~\~ ,~002011 Curtis Wells Horton, Executor Qualified in Chenango County ../ My Commission Explre~ June 14, 2"0.~..~ Sworn to bef/9~ me this Notary Public Owner (Parcel 2) Estate of Curtis William aorton by: Curtis Wells Horton, Executor .~yof ~!'~L~ ,,~ 2011 KIMBERLY R. WALKER Notary Public, State of New York No, 015T6026236 Qualified in Chenango County My Commilslon Expires June 14, 20 ZBA 12/95; 3106; 11/08 JUL 1 3 2011 BOARD OF APPEALS .--3- "' RECE~[VED Page. 4 - APPLICATION FOR LOT WAIVER JUL 1 3 g011 2tPPLICATION OF CURTIS WELLS HORTON, AS EXECUTOR FOR OF SCTM LOT #1000-104-06-Lot 14 and SCTM LOT #104-06-LotB R. OF APPEALS APPLICANT'S REA~ONS: (1) The waiver would recognize a lot that is comparable in size to a ~jority of the improved lots in the neighborhood because: (CONTINUED) subdivision plan that were not waterfront were subdivided with 75 feet of road frontage, with depths ranging from 150 to 170 feet, for lot sizes between 11,250 square feet to 12,750 square feet. To date almost all of these interior lots have been developed with single-family homes. Tax Lot 20.1, which is the property containing the residence, contains 14,435 square feet, and the adjoining vacant lot (Tax Lot 14) also owned by the Estate of Curtis William Horton contains 14,442 square feet. The two lots are slightly larger than the majority of the non-waterfront lots in this neighborhood. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: (CONTINUED) March 1, 1954 and built their home on this lot where both your applicant and his sister, Audrey E. Horton were born and raised. Subsequently, on November 16, 1971 your applicant's mother obtained 37 feet along Mason Drive from her brother, Joseph W. Droogan and added it to the home lot, which is now Tax Lot 20.1. On June 21, 1961 your applicant's parents purchased Tax Lot 14 as husband and wife from the developer. Originally, Tax Lot 14 was bought for investment purposes. It was discussed in the family that it was a separate lot, independent from the house lot. When the applicant's parents bought it, the minimum lot size under the zoning ordinance was 12,500 square feet; and this Tax Lot is 14,442 square feet. Your applicant's mother, Mary Jane Horton, died on June 22, 2002, leaving her property to her husband, Curtis William Horton. After your applicant's mother's death, it was discussed with applicant's father that his -4- Page 5 - A~PLICATION FOR LOT WAIVER APPLICATION OF CURTIS WELLS HORTON, AS EXECUTOR OF THE ESTATE OF CURTIS WILLIAM HORTON CTM LOT #1000-104-06-Lot 14 and CTM LOT #104-06-Lot 20.1 APPLICANT'S REASONS: (2) CONTINUED: daughter, Audrey E. Horton, would like to have the vacant Tax Lot 14 as part of her inheritance to build a small retirement home on this property. Further, when your petitioner retires, he would like to move back to his boyhood home on Tax Lot 20.1. Accordingly, when your applicant's father, Curtis William Horton, died on August 27, 2010 he left his entire estate to your applicant and his daughter. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: (CONTINUED) smaller than the property which is the subject of this application. The land is essentially flat and the construction of a one-family home will not require altering the contour and will not require any fill affecting any nearby environmental area. To allow a Waiver of Merger of Tax Lot 14 for the purpose of building a house on it will not create any adverse impact and will be in conformity with the average size of the individual building lots in the neighborhood. JUL 1 3 2011 BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town lrustees for its determination ofjurisdiedon? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued, please at*ach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed conslruction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitling?. No Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construetion taking place at this time concerning your premises? No .If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: N/A Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. De you or any co-owner also own other land adjoining or close to this parcel? Yes If yes, please label the proximity of your lands on your survey. Adjacent: house lot: 1835 Mason Dr±ye, Cutchogue, CTM #1000-104-6-20.1 Please list present use or operations conducted at this parcel vacant land andtheproposeduse - R-40 Residential Use · (~x: existing single family, proposed: same wi~h garage, pool or o~her) Authorized signature and Date Curtis Wells Horton, Executor Estate of Curtis William Horton RECEIVE~, JUL 1 3 BOARD OF:.APPEALS · I PROJECT CD. NUMBER I . $17,20 A.p,.mx c State Envlronmefltll Queflty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ..PART I--PROJECT INFORMATION (To be completed by Appflcant or Project sponsor) 1. APPUCANT~O~SOR Curtis Wel~s Herren, . 2. ~OJ~CTN~4E Waiver to Unmerge Property :xecutor~ Estate of Curtis William Horton of Estate of Curtis William Horton 3. PROJECT LOCATION: uu,~l~a~ Town of Southold Cmm~ Suffolk 4. ~REC~E LOCA~ION ~tmet address and ro~d Intersectk~ ~oadaeflt ~ ~ ot ~ map) 1040 Oak Drive, Cutchogue, 'New york (SCTM #1000-104-6-14) and 1835 Mason Drive, Cutchogue, New York (SCTM #1000-104-6-20.1) SEQR. 5. 12 PRO~ ~] NeW ~ EX0IAslon [] MOdl flcatlo~altl~tflofl 6. [~SOtqlBE P~G, JECT BRIEFLY: Presently Tax Lot 14 and Tax Lot 20.1 are merged into one lot under the Southold Town' Zoning Ordinance. Application being made is to unmerge Tax Lot 14 so it is a iree standing building lot. 7. AMOUNT OF LAND AFTrE~rED: I.Itl.lly 0.663 ~, Um.wl~/ 0.663 =. WIU,. PRO~ED A,~-'T'~3N GOMPLy VdTH ~XlB'rlNG ZOfftNr~ On ~ ~No JIN~~ 8. WHAT 18 PRESENT IAND U~E IN VI~IN]I~I' OF I~IOJECT? Ail are single family residences. 10. DOE~ ACT1ON INVOLVE A ~RMIT ~AL, OR ilUNDIN~, NOW OR UL11&P)i'f~I.y ~ ABlY 011'lfR (IC~;ERNIdENTAL ~ENGY (FEDERN.., 8'rATE ~ LOGN,.3t [:]y,, []No ,1. DOE'= ,ANY ,4,81'~CT OF TI,IE AGTION HAVE A O, UqlRENTLy VAUD F'~RMIT OFI APIqlOVAL? RECEIVED JUL '1 3 2011 BOARD 'OF APPEALS Curti.s Wells Horton, Executor, Estate of Curtis William Horton If the sctlon la in tho Coastal Area, and you are a state agency, complete the Coastal Assessment Form before pro(moding with this assessment OVER AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD P/HEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property withtn an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ All applications requiring an' agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the GeneralMunic~alLaw. 1)NarneofApplicant: Estate of Curtis William Horton 2) Address ofApplicant: c/o Lark & Felts, Esqs., PO Box 973, Cutchogue, NY 11935 3) Name of Land Owner (if o~her than applicant): N/A 4) Address ofLand Owner: 414 Casey Cheese Factory Road, Sherburne, NY 13460 5) Description of Proposed Project: Waiver to Unmerge Lot 6) Location ofProperty (road and tax map number): 1040 Oak Dr. CTM #1000-104-6-14 7) Is the pamel within an agricultural district? ['~No [-]Yes If yes, Agricultural District Number 8) Is this pamel actively farmed? [~]No [-]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hail locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. N/A Name and Address 1. None (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. Signature of AIJpli~a~t ~}~te -- Curtis Wells Horton, Executor, Estate of Curtis William Horton Note: 1. The local board will solicit ~omments from the owr~rs of land identified above in order to consider the effect of tl~ proposed action on their fam~ operation. Solicilation will be made by supplying a coW of this sta~mcot 2. Comments returned to the local beard will be taken into consideration as part of the overall review of this application. 3. Copies of thc completed Agricultmal Data Statement shall be sent by applicant and/or the clerk of the board to the pwperty owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted f~r review. Failure to pay at such time means the application is not complete and cannot be acted 1-14-09 BOARD OF APPEALS 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. CURTIS WELLS HORTON, EXECUTOR, ESTATE OF CURTIS WILLIAM HORTON YOUR NAME: (Last name, fast 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 pemon or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance [ Variance Special Exception If "Other", name the activity:. Merger Determination, Building Permit Application, and/or Lot Waiver Change of Zone Approval of Plat L_ 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. y£sl I NoL ,/ 1 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: none Title or position of that person: none 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): [ I [ ] 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); J c) an officer, director, partner, or employee of the applicant; or I D) the actual applicant. DESCRIPTION OF RELATIONSHIP N/A. None RECEI DEmt./ 7, / 3UL 1 3 BOARD OF APPEALS Submitted this I ~ day of Marqll~.O-!.-1- 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: RICHARD F. LARK, ATTORNEY FOR CURTIS WELLS HORTON, EXECUTOR, ESTATE OF CURTIS WILLIAM HORTON (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance [ Variance Special Exception If "Other", name the activity:_ Merger Determination, Building Permit Application, and/or Lot Waiver Change of Zone L J Approval of Plat I l Exemption fi:om Plat or Official Map [ I Other [ */ I Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YESl I NoL v' l Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: none Title or position of that person: none 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): [ I 1 ] 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); I C) an officer, director, partner, or employee of the applicant; or J D) the actual applicant. RECE V&9 JUL 1 3 2011 DESCRIPTION OF RELATIONSHIP N/A. BOARD OF APPEALS Subantted this ,q_r. day of Ma~h, 2011 Signature: ~~ Print Name: Richard F. Lark Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for peiinits* 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 other information used by a Town of Southold agency in maldng a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answerin~ 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 Wa~ffront Revital/zation Program. A pwposed action will be evaluated as to its s/~onificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If may 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 con.4.~ncy review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to mAId,i a determination that it is consistent to the max/mum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy slandards and conditions, it shah not be undertaken. A copy of the LWRP i~ available in the following places: online at the Town of Southold's webdte (southuldtown.northfork.net), the Board of Trustees Office, the Plannin~ DeparUnent, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-10~ 06 .14 and 1000-104-06-20.1 The Applieafion has been submitted to (cheek appropriate response): Town Bo,r F-1 · PlannmgDept. L/~ Bui!ld~ngDept. F-~ BoardofTrustees [] ~flN~l~ltO IX] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, ~ency regulation, land transaction) (b) Fineneial assistance (e~g. grant, loan, subsidy) NIA N/A (c) Permit, approval, license, certification: Nature and extent of actio~ Application requesting a ~/alver to un~er~e =wo properties. ECE V O 9( BOARD OF APPEALS '2. Locafion0facfio~ 1040 Oak Drive and westerly side of Hickory Drive, Cutchosue Sitcacrcage:- 14~442 square feet a~d 14,435 square f'eet' Pl~a~t~H,~: vacant residential lot Pres611t2z~ll~classific~oa: R-40 Residential If ~ app~c~ion for ~e proposed ac~on has been f~ed v~t ~e Town of Sou~oM agency, ~e foHow~ (a) N~neofapp~c~nU Curtis Wells Horton as Executor, Estate' of Curtis William'Horton (b) ]~/1/l~address: 414 Casey Cheese Factory Road, Sherburne, I~ 13460 Y~s [] NoF~ DEVELOPED COAST POLICY Policy 1. Foster · pattern of development in the Town of SouthoM that enhmaces community character, preserves open Slmce, msim eflident use of Jnfrnltructure, mdm benefkhl ue of · ~ location, nd minimJ~eS adverse effects of development. See LWRP Section m ~ Folieies; Pqe 2 for evaluation The property is lo[ated in a'deve±op~d'resiaentia district. JUL i BOARD' OF APPEALS 'Pdky 2. Protect end pFeserye historic end archaa), lo~i~ mom 'of th; Town of Southold. See LWRF Section ITl - Policies Pages 3 through 6 for evaluation criteria No known historic or a~chaeolog~cal re.~ources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) Unmerge lot to build a single-family dwelling. Attach 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 A-'plieable - please explain) (same reason as Policy 3~ Attach additional sheets if necessary Bob, RD O~ ~Vru~-- 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 exlflain) W±ll conform to water requzrements 'for a sSngle-fam±ly dwell±rig and Suffolk County Hea±th Department. as the property has public water available from the Suffolk uounty water Authority. 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 III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ~-~ (Not Applicable - please explain) Unmerge lot to build a single-family dwelling. Attach 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) Unmerge lot to build a single-family dwelling. 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) Unmer~e lot to build a single-family dwelling which will conform to the standards of the Suffolk County Health Department. 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. ~ Ye~ No ~ (Not Applicable - please explain) Unmerge lot to build a single-family dwelling. ? Attach additional sheets if necessary WORKING COAST POLICIES BOARD Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~ (Not Applicable - please exPlain) Unmerge lot to build a single-family dwelling. Attach 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 Not waterfront property. 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.npplicable - please explain No nearby farm xana. Attach additional sheets if necessary Policy 13. Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [] No ~ Not Applicable - please explain No known mineral or enermv resources. Promote appropriate use and development of energy and mineral resources. See LWRP JUL 1 2011 BOAKO ur LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RECEIVED BOARD OF APPEALS RICHARD F. LARK MARY LOU FOLTS July 12, 2011 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971-0959 RE: Application of Curtis Wells Horton as Executor of the Estate of Curtis William Horton Dear Ms. Weisman: In connection with the above-captioned application, please find enclosed eight (8) sets of the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) Notice of Disapproval together with a copy of the application to the Building Inspector and paid receipt. Lot Waiver Application and copies of Certificates of Occupancy. Owner's consent. Survey of the properties dated March 28, 2011 by Nathan Taft Corwin III. Single and Separate Search dated June 15, 2011 by Chicago Title Insurance Company Copies of original deeds. Completed Questionnaire form. Completed Agricultural Data form. Completed Environmental Assessment Form. TO: Leslie Kanes Weisman, Chairperson -2- July 12, 2011 Southold Town Zoning Board of Appeals 10) Town Property Cards for the properties. 11) Completed Transactional Disclosure Forms 12) Completed LWRP Form 13) $750.00 check payable to Southold Town Clerk. If there is anything else you need, kindly give me a call. Very truly yours, ~ichard F. Lark RFL/lk Enclosures RECE]'VED~/~ JUL ! 3 2011 ~F~' BOARD OF APPEALS CURTIS WELLS HORTON 414 CASEY CHEESE FACTORY ROAD SHERBURNE, NY 13460 March 11,2011 Town of Southold 53095 Route 25 P.O. Box 1179 Southold, NY 11971 JUL 1 BOARD OF APPEALS Dear Sir: I am Executor of the Estate of Curtis William Horton and hereby give consent to Richard F. Lark, Esq. of Lark & Folts, Esqs. to represent me in my applications to the Southold Town Building Department and/or Southold Town Zoning Board of Appeals under Chapter 280 (Zoning) concerning this Estate property located on the comer of Oak Street and Hickory Drive, Cutchogue, New York (SCTM 1000-104-06-14). Very truly yours, Curtis Wells Horton, Executor Estate of Curtis William Horton TITLE NO: C11-7474-10155SUFF District: 1000 Section: 104.00 Block: 06.00 Lots: 014.000 & 020.001 Town of Southold Southold, New York Gentlemen: CHICAGO 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 A1 FACHED 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. CHICAGO TITLE INSURANCE COMPANY certifies that the above-captioned property has been in single and separate ownership by Curtis Wells Horton, am Executor of the LW,&T. of Curtis William Horton, deceased 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: .lune 15, 2011 BR0~E N. PHIllIPS, SR. Swotr~ to before me this of June, 2011 M ~6ta~ P~blic JUL 1 3 2011 BOARD OF APPEALS 1 1TI-LE NO. C11-7474-10155SUFF STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) BRUCE N. PHILLIPS, SR., being duly sworn deposes and says: That he 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: 1000-104.00-06.00-014.000 AND 020.001 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/01/1957. SUB3ECT PREMZSES: 1000-104.00-06.00-014.000 AND 020.001 (As to Tax Lot 014.000) Phillip H. Horton and Elizabeth G. Horton, his wife, Harry D. Horton and Ruth Horton, his wife, Dorothy R. Binns formerly Dorothy R. Horton To William H. Mason and Harry E. Mason Philip G. Horton, an infant by R. G. Terry, .]r., His special guardian To William H. Mason and Harry E. Mason Harold T. Richmond, Albert W. Richmond and Earle D. Richmond To William H. Mason and Harry E. Mason Uber 3026 cp 427 Dated: 11/29/49 Rec'd: 12/13/49 part of premises Liber 3026 cp 431 Dated: 12/02/49 Rec'd: 12/13/49 part of premises Liber 3062 cp 108 Dated: 3/13/50 Rec'd: 4/05/50 part of premises William H. Mason died a resident of Suffolk County on 7/26/1959. LE INSURANCE COMPANY Sw6r~ to before me this 2/8~'~/¢;?y of 3une, 2011 ~'l~ ~ta~ Public ' Notary Pubi/c, State of New No 47302~ RECEIYED.., ,LLI~/ JUL 1 BOAED OF APPEALS Harry E. Mason and Flora B. Mason, as Trustees Under the L.W.& T. of William H. Mason, deceased and Harry E. Mason, individually To Curtis William Horton and Mary ]ane Horton, his wife Liber 5008 cp 439 Dated: 6/21/61 Rec'd: 6/29/61 Harry E. Mason and Flora B. Mason, as Trustees Under the L.W.&T. of William H. Mason, deceased and Harry E. Mason, individually To Curtis William Horton and Mary lane Horton, his wife LAST DEED OF RECORD FOR TAX LOT 014.000 Liber 5023 cp 287 Dated: 7/25/61 Rec'd: 7/27/61 Corrects Liber 5008 cp 439 (As to Tax Lot 020.OO1): William H. Mason and Harry E. Mason To Joseph W. Droogan and Beatrice A. Droogan As tenants by the entirety Liber 3689 cp 316 Dated: 4/24/54 Rec'd: 5/06/54 3osephW. Droogan and Beatrice A. Droogan To Curtis W. Horton and Mary ]. Horton, his wife Liber 7048 cp 538 Dated: 11/16/71 Rec'd: 11/16/71 William H. Mason and Harry E. Mason To Curtis W. Horton and Mary .lane Horton, his wife LAST DEED OF RECORD FOR TAX LOT O20,001 Liber 3689 cp 322 Dated: 3/01/54 Rec'd: 5/06/54 AS TO BOTH TAX Lot O14.000 and 020.001: Mary .lane Horton died a resident of Suffolk County on 6/20/2002; Curtis W. Horton died a resident of Suffolk County on 8/27/2010, letters testamentary were issued 0 9/21/2010 to Curtis Wells Horton, as Executor. LAST OWNER OF RECORD PREMZSES NORTH: OAK DRIVE C~GO~CE COMPANY BRUCE N. PHILLIPS, SR. SwOrn to before me this of ],,ne, 201 ) /.2 Nota~ Pub ic AL6~NORA A. Notary Public, State of New Yor~ RECEIVED JUL ! $ 20i! BOARD OF APPEALS PREF4ZSES EAST: HZCKORY DRZVE PREt4ZSES SOUTH: t4ASON DR_TVE PREt4ZSES WEST (SOUTH): 1000-104.00-06.00-017.001 William H. Mason and Henry E. Mason To Cornelius ]. Droogan and Dorothy A. Droogan Liber 3689 cp 319 Dated: 4/24/54 Rec'd: 5/06/54 westerly part of premises William H. Hason and Henry E. Hason To Joseph W. Droogan and Beatrice A. Droogan Uber 3689 cp 316 Dated: 4/24/54 Rec'd: 5/06/54 easterly part of premises Joseph W. Droogan and Beatrice A. Droogan To Cornelius .1. Droogan and Dorothy Droogan Liber 7048 cp 535 Dated: 11/16/71 Rec'd: 11/16/71 easterly part of premises No proof of death of Cornelius ,]. Droogan found in Suffolk County Surrogates Court. Dorothy Droogan a/k/a Dorothy A. Droogan, as Surviving tenant by the entirety To Terence ,]. Droogan, as Trustee of the Dorothy A. Droogan Irrevocable Trust LAST OWNER OF RECORD Uber 12472 cp 228 Dated: 11/25/05 Rec'd: 10/03/06 All of premises PREMZSES WEST (NORTH): 1000-104,00-06.00-013,000 Philip H. Horton and Elizabeth G. Horton, his wife Harry D. Horton and Ruth Horton, his wife and Dorothy R. Binns formerly Dorothy R. Horton To William H. Mason and Harry E. Mason Liber 3026 cp 427 Dated: 11/29/49 Rec'd: 12/13/49 Part of premises CHICAGO _T['rLE INSURANCE COMPANY ' / B~,UCE I~. PH][LLIPS, SR. Sworq~/before me this /% 28 " fi/ ,une, 2o,1 No~a~ Public Term RECE V f¢( JUL 1 ,~ 2011 BOARD OF APPEALS Philip G. Horton, an infant by R. G. Terry, Jr., His special guardian To William H. Mason and Harry E. Mason Liber 3026 cp 431 Dated: 12/02/49 Rec'd: 12/13/4.9 Part of premises Harold T. Richmond, Albert W. Richmond and Earle D. Richmond To William H. Mason and Harry E. Mason Liber 3062 cp 108 Dated: 3/13/50 Rec'd: 4./05/50 Part of premises William H. Mason died a resident of Suffolk County on 7/26/1959. Harry E. Mason and Flora B. Mason, as Trustees under L.W. & T. of William H. Mason, deceased and Harry E. Mason, individually To Curtis William Horton and Mary Jane Horton, his wife Liber 5008 cp 4.35 Dated: 6/21/61 Rec'd: 6/26/61 Harry E. Mason and Flora B. Mason, as Trustees Under the L.W.&T. of William H. Mason, deceased and Harry E. Mason, individually To Curtis William Horton and Mary Jane Horton, his wife Liber 5023 cp 289 Dated: 7/25/61 Rec'd: 7/27/61 Corrects Liber 5008 cp 4.35 Curtis William Horton and Mary Jane Horton, his wife To Peter Warren Vibert and Barbara Jean Vibert, his wife Liber 504.7 cp 73 Dated: 9/09/61 Rec'd: 9/12/61 Peter Warren Vibert and Barbara Jean Vibert, his wife To Emile A. Vibert and Marion S. Vibert, his wife Liber 5095 cp 375 Dated: 12/11/61 Rec'd: 12/12/61 / BRUCE N] PHILLIPS, SR. Sv~o before me t~,i.s /~ Notary Public ~ JUL 1:~ 2011 BOARD OF APPEALS ALEY A,~,!,~ PA A. No. 473(.~;L'~:'~, '~ ,, i, County. · Term ~xpirb$: 11/30/8'~ J y Emile A. Vibert and Marion S. Vibert, his wife To Roy Langemyr and .loan Langemyr, his wife Liber 7308 cp 592 Dated: 6/15/70 Rec'd; 12/21/72 Roy N. Langemyr died a resident of Suffolk County on 1/21/1974. LAST OWNER OF RECORD ' /' BRU~' N,~PHILLIPS, SR. Swern to before me this ~ ~ ~ota~ Public ALEXANIDRA A. BOSSUNG Notary Public, State of New York No. 4730204, $u;folk Covnt¥. ~ .Term Expir~,$: 11/30."~tf,~! ,Y RECEIVED JUL ! ~i ~Gd BOARD OF APPEALS 6 hi, ni) nhtrt,, Jlade the ~ ~ (lay of March 3'i~,eteen Hundred and Fifty-four JUL 1 3 011 Between WILLIA~ H. MASON and BOARD OF APPEALS HAREYE. ~L~SON, both residing at New Suffolk, Suffolk County, New York, Outchogue, parties of the first part, and CURTIS N. HORTON and\J~NE HORTON, his wife, residing at Suffolk County, New York, as tenants by the entirety, parties of the second part, Witnesseth that the part ies of the first part, in consideration of One and O0/lO0 .................................................. Dollar ($ 1.00 ) lawful money of the United States, and other good and valuable considera bion paid by the part ies of the~g~a~t~dch~~ ~ ~e~e~b~y ~r~ao~t~q~ £e~ase unto the part ica of the second part,~'~e'§'u~'r?~o~'o~s'u~_~dhd~2~h~ forever, all that tract or parcel of land situate at Peconic, near Nassau Point, Southold Town, Suffolk County, New York, bounded and described as fol- lows: Beginning at a stake set at the interesection of the westerly line of Hickory Drive with the northerly line of Mason Drive; and run- ning along said northerly line of Mason Drive, S. 72~ 24' 50" Vi. 75.~4 feet to a stake; thence along other land of.the parties of the first part, 2 courses as Follows: (1) parallel wxth said westerly line of Hickory Drive, N. 12° 08' 10" W. 129.40 feet to a stake; thence (2) N. 75° 46' 00" E. 75.05 feet to a stake set on said westerly line Hickory Drive; thence along said westerly line of Hickory Drive, $. 12 08' 10" E. 125.0 feet to the point of beginning. - 90 TOGETHER with all the right, title and interest of the parties of the first part of, in and to those portions of Mason Drive and Hickory Drive adjacent to said premises to the center lines thereof. THIS CONVEYANCE is made subject to the following covenants and restrictions: 1. NO buildings other than one private dwelling for the use and occupancy of one family and one private garage shall be erected on any one lot. Any dwelling erected thereon shall cost not less than $5000. and any detached ghrage erected thereon shall cost not less than $250. 2. The premises shall not be used for the manufacture or sale of merchandise'or goods of any kind or for any trade or business whatso- ever or for the display of any advertising or commercial signs. ~. No fences or hedges over 4 feet in height shall be erected on said p~emises and said fences or hedges shall be maintained and kept in good appearance. · 4. No stables or outside toilets shall be erected on said premises and no nuisance shall be created or allowed on said premises and no use. shall be made thereof that shall be dangerous to the health of, or of- fensive ~o the senses of sight or smell of the parties of the firs. t pert their heirs or assigns, as owners of the premises adjoining the premise~ hereof and neighb0rin~ premises. 5. No part o y dwelling or garage sha be c0.nstr~ct~d on any lot within 28 feet of Mason Drive or within 5 feet ofL~the other~boundari~ of said lot, and no part of any cesspool shall be w$?hi$, l0 ~fee*i~ of any boundaries of said lot. 6. No fowl, poultry, animals or livestock shall be.k.ep~ on*said premises other than domestic pets. ?. These covenants and restrictions shall run with the land hereby conveyed and shall bind and inure to the benefit of the said parties hereto conveyed, their heirs, administrators and assigns until January 1970 and said covenants and restrictions may be enforced by actions for dan~ges or injunctions or both until the said 1st day of January, 1970. 8. The covenants and restrictions herein imposed shall app.ly solel~ to the premises herein conveyed and these covenants and restrictions may be modified, changed or released by the parties of the first part, their heirs and assigns and the owners of the premises for the time being, the parties of the first part reserving and retaining all restricting rights of neighboring properties now owned or which may be acquired by them. ? BOARD OF APPEALS Together with the ~urt enanees and all the estate a~'i~hts of the part of the flrst part i~ and to said premises, To have and to hold the premises herein ~ra~$t~dn~tR~ext~t~S~ of the second part, and the survivor of such parties and his_/ and assi~nsforever. And said parties of the first part First, That said parties of the first part are covenant as follows: seized of said premises in, fee simple, and have food right to convey the same; Second, That the par~es of the second part shall quietly enjoy the said premises: Third, That the said premises are free from in, cumbrances; Fourth, That the part les of the first part will execute or procure any further uecessary assurauce of the title to said premises: Fifth, That said parties of the first part will forever Warrant the title to said premises. Sixth, That, in ~ompliauce with Sec. 13 of the Lien Law, th~ ~rantor s will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of payin6, the cost o/' the improvement and will apply the same first to the payment of the cost of the improvement before usin,,6 any part of the total of the same for any other purpose. In Witness Whereof, the parties hand s and seals of the first part ha ve the day and year first above written. hereunto set their State of New York / On this 1st day of Margh County of Suffolk ~ ss. ~Vineteen Hundred and Fifty-fou~ before me, the subscriber, personally appeared WILLI~ H. P~kSON and HARR~ E. P~SON to me personally known and known to ~ne to be the same person s who executed the within Instrument, and to me that t he y executed the same. RECORDED described in and ~he y Severally aeknowledfed J/'otary Public EDWARD W. FOX WILLIA~,i H. ~9%SON and another CURTIS W. HORTON and wife ~),~[,. February (Town of $outhold) Record and return to: r~ LL~AI~. , H.,~'R"'. ,SUFFOLE ~-~ M-2601 CONSULT YOUR LAWYER BEI~RE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS OHLY. TH~lNDF-N'r%~made~e/~:;~yo~ November ,~netecnhu~r~d seventy-one BETWEEN JOSEPH W. DROOGAN and BEATRICE A. DROOGA~, h£s wife, both residing at 115 Oak Avenue, Southold, New York 11971, ~r~ ofthe£r~pa~,~d CURTIS W. HORTON and MARY JANE HORTON, his wife, as tenants by the entirety, both residing at Mason Drive, Cutchogue, New York 11935 party o;[ the second part, WITNE~I'H, that the party of the first part, in consideration of ...... TEN ($10 00) ......... dolhrs lawful money of the United States. and other good and valuable consideration~d by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, A~L t~tccrt~np~t~piece~rpa~e~f~and~withthebui~dingsandimpr~vementsthere~ner~ted~sit~te~ on lyingand ~ing~art~ North side Mason Drive, in the village of Cutchogue, Town of Southold, County of Suffolk, State of New York; BEGINNING at a point on the Northerly line of Mason Drive,. 75.34 feet Westerly along said Northerly line from Hickory Drive, said point of beginning being the Southwesterly corner of land of the party of the second part; from said point of beginning running along said Northerly line of Mason Drive, South 72 degrees 24 minutes 30 seconds West 37.67 feet; Thence along land conveyed or about to be conveyed by the pa~ty of the first part to Cornelius Droogan and Dorothy Droogan, his wife, North'12 degrees 08 minutes 10 seconds West 131.60 feet; thence along other land of the party of the second part, North 75 degrees 46 minutes 00 seconds East 37.53 feet; thence along said land of the party of the second part, South 12 degrees 08 minutes 10 seconds East 129.40 feet to the point of BEGINNING. RECEIVED JUL ! ~ ZO11,/ ~" BOARD OF APPEALS TOC~fl~ER with all right, title and interest, if any, of the party of the first part in and to any greets and ' ' roads abutting the above described premises to the center lines thereof, TOGt.'II'IER with the appurtenances and all the estate and rights of the party, of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. written. IN PRESENCE OF-' AN[} the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "pm't¥" shall be construed as if it read "parties" whenever the sense of this indeuture so requires. IN ~ WI'IF. REOF, the party of the first part has duly executed this deed the day and year first above RECEIVED JUL 1:~ n=ooi n) (Beatrice A. Droogan) ~ (L.S.) '' (L. S.) BOARD OF APPEALS SrATB OF NlW WOl, S. COUNW OF SUFFOLK On the /~a,.y o~ l~Iovembe'r 19 71, before me personally came JOSEPH W. DROOGAN and BEATRICE A. DROOGAN, his wffe to me imown to be the indlvidualS described in and who executed the foregoing instrument, and acknowledged that they ex~utod the san~ Not~ry Pub~ RENSSEI.AER O. 'JERRY, JR. Notary Public, State of New yon~ Residing Jn Sutfolk County No. 52-3954850 My Commiss~o~ ~xpims March 30, 1973 STATE OF NIW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and welch executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by o~der of the board of directors of said corpora- lion, and that he signed h name thereto by like order. STAll OF NEW YOlU~ COUNTY OF On the day of personally came 19 before me to me known to be the .individual described in and who executed the foreffoing Instrument, and acknowledged that executed the _~me. STATE OF NEW yORK, COUNTY OF On the day of personally came to me known, who, being_by say that he resides at No. that he is the of 19 , before me me duly sworn, did depose and , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it-was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. WITH COVENANT AGAINST GRANTOR'S ACTS T,na No. N-2601 JOSE~ ~. DR~G~ and DR~N, his w~fe TO C~TIS W. HORTON and ~Y JANE MORTON, his wife, THE TITLE GU,4R,I.NTEE COMPA.At'Y SECTION nLOCK LOT COUNTY OP. TOWN Recorded At Request of The Title Guarantee Company RI~TURN BY MAlL TO: RF, NSSELAER G. TERRY, Jr, ATI1)RNEY · AT- LAW. ~UTHOLD, N, Y- JUL 1 3 2011 BOARD OF APPEALS alU.ali's, re,!dinF at l~l~w Suf~'o~k,, ~ffolk :( r Five 'and OD/lOG ....... q .................. ($1 ~lth ;no wesnerly line oX ~tckop~ Drive; from saic n~int of ~, ~. 12~ 0~' 10" W~ ,il3~lj~7p f~ot Lo said sou rerl~ line 3f Oak TO HOLD th~ proaiis~% l~r~tn grar?d unto the ~irs ~}r AND the p~nv ,, ah~ first paril h~ compliance wiib Sectioa 13 of the Lien Law. cove~,~nts ~vky of v sT~.TE OF .~kM YORK: son co~ OF ~: ,~ ~ ~e ~'(~'~ o~ '~' ~ ,196t, before me per~on~ly ~e ~ ~- _ of Willi~ H. ~ , ~ .~-~ {n. ,~ ~ eX outed the. foregoi g R[CORDEG J'dL 2'7 19§1 NOIIf~AH E ~LI~'P / BOARD OF APPF_~ LS .'T&TI qe NEW yOJtK. COUNTY OF Oz~ the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrurn~t, and acknowledged tha executed the same. STAll OF NIEW YORK. COUNTY OF ¸118 On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation describ~ in and which executed the foregoing instrument; that he knows the ~eal of said corporation; that the seal affixed to said instrument is such ensporate seal; tlmt it wns so affixed by order o! the board of directors o! said corpora- tion, and that he signed h name thereto by like oed~r. ITATI OF NlW YORK, COUNTY Of Dn the day of 19 , before me :o me known to be the individual described in and who executed the foregoing instrument, trod acknowledged that executed .the sane.. . . ,: . , STATE OIi NEW YORK. COUNTY OF ssz On the da), o[ 19 , before me personally came . . the subscribing witness to the foregoing ?strument, with whom I am personally acquainted, who, belnl,· by me duly sworn, did depose and say that he resides at No. . that he knows to be the individual described in and who executed the foregoing instrtanent; that he, said subscribing' witness, was pre~nt and saw ex~cute the same; and that he, said witneis, at the same thne subscrlbcd h name as witness thereto. ~0 ~B393 1,4 ri0, TOWN OF SOUTHOLD PROPERTY RECORD CARD oW~,,R FOP,.M ER OWNER VILLAGE DISTRICT ACREAGE SUB. LOT AGE NEW Farm 'illable 2 'illable 3 ~/oodland iwampland lrushland louse Plot 'otal SEAS. IMP. NORMAL TOTAL VL. DATE TYPE OF BUILDING ,*~ .,,; ~ J CB. J MISC. BUILDING CONDITIOI' ABOVE FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD 6/J/',¢~' ~oxj'', Value BELOW Value Per Acre DOCK J Est. Mkt. Value o . o ~...~,4 ~ ~.-~ '- '* . z¢.ITOWN OF SOUTHOLD PROPERTY RECORD CARD S'rRE~ I ¢"~ W~ ~, SU~. ~0~ OWNER W ,,% ~ ~ ~PE ¢ BUILDING / ._ ' ' ¢ AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM ~re Value Per VGlue · ~re ~llable FRONTAGE ON WATER ~ j ~ ~ Pl~ BU'LK~D T~ ~ ~ ~ ~K COLOR TRI~4 Bldg. xtension , xtension o¢ch arch ~eezeway atio FoUndation Ext. Walls Both floor Interior Finish Heot ",, 0~,( Rooms 1st Floor Rooms 2nd Floor Drivewoy Dinette BR. FIN. B TOWN' OF soUTHoLD PROPERTY RECORD CARD S W TYPE OF BUILDING RES.-~/7 S~.A$. VL. ~ .:ARM COM~. CB. MI~S.__ Mkt. Valu, ~-~ND-- ---- REMARKS ~_ ~ -_ '_ , ~ '-. IMP. TOTAL ~TE / Til~le FRONTAGE ON WATER ~ W~d FRONTA~ ON R~D ~r ~ ~:p~ BULKH~D OWNER FOR~ER OWNER SFAS. TOWN OF SOUTHOLD PROPERTY REC:C~RD CA~' (~ LAND IMP. FARM DATE JVL TOTAL AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acm Tillable Woodland House Plot Value Per V~lue Acre VI LLAGE SUB. LOT W TYPE OF BUILDING FRONTAGE ON WATER FRONTAGE ON ROAD 115 COLOR TRIM M. Bldg. · E~tension '~ Extension Extension Poh:h Porch Breezeway Garage Patio ~/.z / Basement Ext. Walls Fire Place Foundation TyPe Roof Recreation Roorr Dormer Floors Interior Finish Heat~ Rooms 1st Floor Rooms 2nd Floor Driveway I Dinette / ~ ~/~ I K. DR. FIN. TOWN OF SOUTHOLD PROPERTY RECORD CARD ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville July 15, 2011 Zoning Appeal No. 6495 Transmitted herewith is Zoning Appeals No. 6495 of Lark & Folts for Estate of Curtis William Horton- thc Application for Waiver to Unmerge Property to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Page Cover Letter from Lark & Folts Dated July 12, 2011, Notice of Disapproval from Building Department Dated May 2, 2011, Receipt from Office of Building Inspector for $50.00 for Disapproval for Horton Dated June 17, 2011, Five Pages of Property Record Cards (Some Both Sided), Authorization Letter from Curtis Wells Horton, Executor to Richard F. Lark to Represent him in this Matter, Six Pages of Chicago Title Insurance Company Report as to Ownership of Property Title No: C 11-7474-10155SUFF Dated June 15, 2011, Four Pages of Deed Between William H. Mason & Harry E. Mason to Curtis W. Horton and Jane Horton Dated March 1, 1954, Three Pages of Deed Between Joseph W. Droogan and Beatrice A. Droogan to Curtis W. Horton & Mary Jane Horton Dated November 16, 1971, Four Pages of Deed Between Harry S. Mason and Harry E. Mason to Curtis William Horton and Mary Jane Horton Dated June 21, 1961, Three Pages of Deed Between William H. Mason and Harry E. Mason to Curtis William Horton and Mary Jane Horton Dated July 25, 1961, Copy of Survey Showing Proposed & Existing Construction Dated March 28, 2011 Prepared by Nathan Taft Corwin III, Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/14/11 * * * RECEIPT * * * Receipt'8: 110517 Transaction(s): 1 1 Application Fees Reference Subtotal 6495 $750.00 Check~: 2383 Total Paid: $750.00 Name: Lark, & Folts Po Box 973 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6495 EALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 15, 2003 ,, J~JL~':~ 9 2003 Appl. No. 5247 - JOAN LANGEMYR Street and Location: 770 Oak Drive, Cutchogue 1000-104-6-12.1 Soufhold Tow~ C~erk PROPERTY FACTS/DESCRIPTION: Applicant's property is located on the south side of Oak Drive in Cutchogue. The property contains a total area of 30,649.56 sq. ft., identified on the Suffolk County Tax Maps as 1000-104-6-12.1 13. Existing is a one-story wood frame dwelling 45.7 feet from the front property line facing Oak Drive, as shown on the August 26, 2002 survey prepared by Stanley J. Isaksen, Jr., L.S. BASIS OF APPLICATION: Applicant's August 12, 2002 request for a merger determination, by way of a building permit application to locate a new dwelling, was denied b,y the Building Department on August 12, 2002, for the reason that CTM Lottl,2:'$ has merged with an adjacent lot to the east (1000-104-6-13) pursuant to Section 100-25,- and,the lots have been held in common ownership during a period of time after July 1, 1983. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26, to unmerge CTM #12.1 with 15,131.09 sq. ft. in area and 112.53 ft, in width along Oak Street, from CTM #13 with 15,518.47 sq. ft. in area and 125.04 ft. width. FINDINGS OF FACT ~ :~ The Zoning Board of Appeals held a public hearing on this matter on April 17, 2003, at, which the written and oral evidence were presented. Based on all testimony, documen!a!ion, persona observations of members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The title search prepared by Chicago Title Insurance Company and Alexandra A. Bossung dated October 10, 2002, indicates that CTM #13 was acquired by Joan ~Langemyr and her husband, Roy Langemyr, from Emile A. Vibert and Marion S. Vibert, by deed dated 6/15/1970 recorded at Liber 7308 page 592. At the hearing it was noted by the apg!icant's attorney that CTM #12.1 was acquired by Langemyr from Ellis Hyers and Helen K. Hyers by deed dated 6/11/1977, recorded in Liber 8260, page 204 on 6/29/1977. The adjacent land, The.Viberts owned CTM #13 since 1961. The Hyers owned CTM #12.1 since 1963. 2. Roy Langemyr conveyed his ownership to his wife Joan in 1990, and died a few weeks later. As a result, CTM #13, improved with a dwelling, became merged with vacant CTM #12.1. 3. Grant of a waiver of merger will not result in a significant increase in the density of the neighborhood or district containing single-family dwellings. The grant of this waiver will provide for future construction of not more than one dwelling with single-family occupancy. Page 2 - May 15, 2003 ZBA Appl. No. 5247 - Joan Langemyr 104-6-12.1 at Cutchogue 4. Grant of a waiver of merger would recognize a lot that is consistent with the size of lots in the neighborhood. The neighborhood and district is well-developed with single-family residences, and consists almost exclusively of older lots that do not conform to the R-40 (40,000) minimum for this zone district. The 15,518.47 sq. ft. size of the vacant lot (CTM 12.1) in question is equal to some, and smaller than others, but it is clearly consistent with the average size of lots in the neighborhood and district. 5. The waiver will avoid an economic hardship for the owner. 6. Waiver of merger will allow for construction of one single-family dwelling on original deeded lot, which will not result in a significant increase in the density of the neighborhood. There will be no need for significant change in its contours or slopes, and no evidence was presented to suggest that the lot would require filling affecting nearby environmental or flood .areas, or to suggest that its natural details, character, contours or slope would be significantly altered in any manner. 7. The waiver would recognize the original lot lines as set forth in the 1963, and earlier deeds, for CTM #12.1. BOARD RESOLUTION: NOW, therefore, on motion by Chairwoman Tortora, seconded by Member Goehringer, it was RESOLVED to GRANT the Waiver of Merger, as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Lydia,:C.~Tortora, Chairwoman 7/1/03 TO: ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON TOWN OF SOUTHOLD SUBJECT: CURTIS HORTON #6495 HEARING DATE SEPTEMBER 1, 2011 AT 10:15 AM DATE 8/31/11 TO WHOM 1T MAY CONCERN: MY NAME IS NICK BUBANY. MY WIFE MARY ANN AND I OWN A HOME AT 200 HICKORY AND MASON DRIVES IN CUTCHOGUE. OUR PROPERTY "ON HICKORY DRIVE" COVERS THE ENTIRE BLOCK AND IS THE ONLY ONE DIRECTLY ACROSS FROM THE HORTON PROPERTIES IN QUESTION. WE HAVE OWNED OUR PROPERTY FOR APPROX. 26 YEARS AND ENJOY THE FACT THAT ONLY "ONE" HOUSE FACED US ON HICKORY DRIVE. CURTIS HORTON WAS A WONDERFUL MAN. 1 ENJOYED GOING OUT TO LUNCH WITH HIM PERIODICALLY, AND HAVING WONDERFUL DISCUSSIONS WITH HIM AT H1S HOME. MY WIFE DID HIS SUPERMARKET SHOPPING FOR HIM DURING HIS "LAST" YEAR OR TWO. WE WISITED HIM WHEN HE SPENT TIME AT VARIOUS HOSPITALS IN GREENPORT, RIVERHEAD, AND THE "REHAB" CENTER IN WESTHAMPTON. WE REALLY MISS HIM, MY UNDERSTANDING IS THAT THE TOWN OF SOUTHOLD RULES HAVE BEEN THERE FOR THE R-40 RESIDENTIAL ZONE DISTRICT (M1N]MUM 40,000 SQ. FT.) AS YOU KNOW, THIS PROPOSED "SUBJECT "SINGLE LOT IS NOT CLOSE TO CURRENTLY LEGAL INDEPENDENT REQUIREMENTS FOR A "SINGLE LOT". WE SHOULD NOT ALLOW THIS TO SET A "PRECEDENT" FOR FUTURE ATTEMPTS ON PERHAPS EVEN "SMALLER" PROPERTIES. 2 DOES THIS MEAN THAT 1N THE FUTURE, IF OUR SON WILL BENEFIT FROM THE SALE OF A "LOT" ...... WE MIGHT BE ABLE TO DIVIDE AND SELL PART OF MY PROPERTY WHEN WE WISH .... EVEN THOUGH THE ZONING BOARD DISAPPROVES? PERSONALLY, MY PROPERTY VALUE WILL "DROP" IF ANOTHER HOUSE "FACING ME" IS APPROVED....ESPECIALLY 1N THE CURRENT "DECLINING" REAL ESTATE MARKET. WE LOVE THE CURRENT BEAUTY OF NATURAL TREES lNA WOODED SETT1NG, ETC. SINCERELY, NICK BUBANY & MARY ANN BUBANY *-,,6Wt.,.s'o-/ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard IZ 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, SEPTEMBER 1, 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 TH URSDAY~ SEPTEMBER 1,2011: 10:15AM - CURTIS HORTON #6495 - This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-104-6-14, based on the Building Inspector's May 17, 2011 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 104-6-20.1, located at: 1040 Oak Drive (1835 Mason Drive)(Hickory Drive) Cutchogue, NY. SCTM#1000-104-6-14 & 20.1 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. So uthold, ny. us. Dated: August 5, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 ' ~!~ ~'~'~ # 10371 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 25th. day of Auqust, 2011. day of Sworn to before me this LEGAL NOTI[CE Principal Clerk NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # Estate of CURTIS WM. HORTON #6495 104.-6-14 & 20.1 VARIANCE LOT WAIVER REQUEST Unmerge undersized lot DATE: THURS,SEPT. 1,2011 10:15 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-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold websit¢: http://southtown.north£ork.net August 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,September 1, 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 Au.qust 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the 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 arranqements were made in either a written statement, or during the hearin.q, providing the returned letter to us as soon as possible; AND not later than August 241h: Please either mail or deliver to our office your Affidavit of Maiiin.q (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 August 251h: 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 Postin,q for receipt by our office before August 30, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. TOWN OFSOUTHOLD ZON~G BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of RECEIVED AU~ 2 4 BOARD OF APPEALS AFFIDAVIT OF MAILINGS Estate of Curtis William Horton (Name of Applicant~) SCTM Parcel # 1000-104 - 6 - 14 and 20.1 COUNTY OF SUFFOLK STATE OF NEW YORK I, BARBAKA DIACHUN residingat 875 School House Road, Cutchogue, New York, being duly sworn, deposes and says that: Onthe 16th dayof August ,2011, I personally mailed at the United States Post Office in Cutchogue _, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property 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. (Signature) Barbara Diachun Sworn to before me this 23rd day of.~ August ,20 11 ~/ (Notary Public~' 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. Estate of Curtis Will Horton (SCTM #1000-104014 and 20.1) 1000-104.00-06.00-010.001 Certified Fee nj [~ Return Receipt Fee (Endorsemenl Required} Restricted Deliver~ Fee {Endorsement Required) ~ *..Il Total Postage & Fees 1000-104.00-06.00-013.000 $2.85 $2.~ $ ss." Postmark ",il ! Sent TO em Joan Langemyr ~ :~£ :4/,,:;%:,: ....................................................................... r~ [o, POBox~o. PO Box 501 r'- -~/t~'-~i~/~,'MP;~' ..................................................................... Cutchogue NY 11935 1000-104.00-06.00-017.001 tm [S¢.tro Dorothy. Droo~an Irrevocable Trust [~j]Street, A~t. NO.; ........ r-L °'P°~°~~°' 1735 Mason Drive ~;~,'-~: MP;~' ..................................................................... I Cutchogue NY 11935 Page 1 of Estate of Curtis Will Horton (SCTM #1000-104~4 and 20.1) 1000-104.00-07.00-012.000 Postage Certified Fee rtl 1:~ Retur. Receipt Fee (Endorsement Required) Restricted DeliveW Fee C] (Endorsement Required) Total Postage & Fees 1000-104.00-07.00-016. 001 Postage Ceriified Fee Return Receipt Fee (Endorsement Required) RestriCted Delivery Fee (Endorsement Required) Total Postage & Fees $5.~ {s~mro ~cott A ~ros$o ~usan A ~Droszo [~[~'~ff;'ff:" 25 Brian Lane Ic~st~2o'z/¢~ East Northport i-- .......................................................... 1000-104.00-08.00-001. 000 $2.85 $2.30 I$ 0tI ~icho~as ~ ~ubany 1 ~a~ ~nn ~Da~ J 246/16 Van Avenue ...................................................................... Dou~laston NY 11362 Page 2 of 2 Estate of Curtis Willl Horton (SCTM #1000-104-~ and 20.1) 1000-104.00-06.00-010.001 · Compile Items 1,2, and 3. Also com~ item 4 If Restricted Deliver/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: Donald P Brickley Irrevocable Trust 17 Olofson Street Braintree MA 02184 2. Article Number (Trar~ from a~fee ~) D. Isdaiiveryaddmssdilfemntfmmiteml? [] if YES, enter delivery address below: I~No 3. Se~k~e 3ype 1t8 Ce~fled Mall r-[ Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. []Yes 4. Reetflcted Daiiv~ ~_x~ra Fee) 7010 1670 0002 1169 4315 _P~S Form 3811, FaFuary 2O04 1000-104.00-06.00-013. 000 · Complete items 1, 2, and 3. Also complete item 4 if Restiteted 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: Joan Langemyr PO Box 501 Cutchogue NY 11935 y( D. Is delivery address different from Item 17 If YES, enter daiivery address below: [] No r~ Certified Mail [] Express Mail r-i Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) [] Yes 7010 1670 0002 1169 4308 PS Form 3811, February 2004 Domestic Return Recetpt 1000-104.00-06.00-017. 001 · Complete Items 1,2, and 3. Also complete item 4 if Res~cted 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: Dorothy Droogan Irrevocable Trust 1735 Mason Drive Cutchogue NY 11935 Receivad by ~/~.~ /j/ ~[ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Dolivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) 7010 1670 0002 1169 4346 PS Form 3811, February 2004 i Return Recetm Page 1 of 2 Estate of Curtis Will~ Horton (SCTM #1000-104-~ and 20.1) 1000-104.00-07.00-012.000 MOT TOg/ EO 1000-104.00-07.00-016.001 · Complete Items 1, 2, aed 3. Also complete item 4 If Restricted Delivery is de,red. · Prfnt your name end address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpisce, or on the front if space permits. 1. Article Addressed to: Scott A Ambrosio Susan A Ambrosio 25 Brian Lane East Northport NY 11731 [] Registered [] Insured Mail r'l Express Mail [] Rett~m Receipt for Memhandlse [] C.O.D. 4. Restricted Deliver/? (Extra Fee) [] Yes Crr..~f~,'~,~/~O ~D....0 0002 .. 9~ 4391 PS Form 381 1, February 2004 Domestic Rett~Tt Rece~ ..... 102595-02-M-1540 1000-104 . 00-08 · 00-001 · 000 · Complete Items 1, 2, end 3. Also complete Item 4 if Restricted Dellvery is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mai or on the front if space permits. 1. Article Addressed to: Nicholas W Bubany Mary Ann Bubany 246/16 Van Avenue Douglas~on NY 11362 (Tran PS Fon [] Agent [] Addressee Date of Delivery [] No [] R~c~lpt for Merchandise [] Insured 4. Restricted Delivery? (Extra Fee) [] Yes Page 2 of 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING Estate of Curtis William Horton (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 104 - 6 - 14 and 20.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, RICHARD F. LARK residing at 550 Birch Lane, Cutchogue New York, being duly sworn, depose and say that: On the 23rd day of August ,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 September 1, 2011. /~ (Signature~ Richard F. Lark Sworn to before me this 30thDay of August ,201 1 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tole. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS August 31, 2011 Ms. Vicki Toth Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, New York 11971 RE: Estate of Curtis William Horton Appeal %6495 Dear Ms. Toth: Pursuant to your letter dated August 8, 2011 in connection with the above-captioned matter, I am enclosing the green signature cards from the certified mailings. Very truly yours, RFL/bd Enclosure RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com August 30, 2011 Ms. Vicki Toth Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, New York 11971 RE: Estate of Curtis William Horton Appeal %6495 Dear Ms. Toth: Pursuant to your letter dated August 8, 2011 in connection with the above-captioned matter, I am enclosing the Affidavit of Posting. RFL/bd Enclosure Very truly yours, LARK & FOLTS Attorneys at Law 25785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol,com RECEIVED AUG 2 4 2011 BOARD OF APPEALS RICHARD F. LARK MARY LOU FOLTS August 23, 2011 Ms. Vicki Toth Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, New York 11971 RE: Estate of Curtis William Horton Appeal #6495 Dear Ms. Toth: Pursuant to your letter dated August 8, 2011 in connection with the above-captioned matter, I am enclosing the Affidavit of Mailings. Ver~ truly yours, ~lchard F. Lar~ RFL/bd Enclosure 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 1197t http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 14, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6495 Action Requested: Within 500 feet of: Owner/Applicant: Estate of Curtis William Horton Lot Waiver ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson // BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 16, 2011 Richard Lark, Esq. 28785 Main Road P.O. Box 973 Cutchogue, NY 11937 Re: ZBA # 6495 - Lot Waiver for Estate of Horton Dear Ms. Doty: Enclosed is a copy of the Waiver of Merger determination, by the Zoning Board of Appeals rendered on September 15, 2011. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. A copy of this determination has been furnished to the Building Department for their permanent records. Vicki Toth Enc. Cc: Bldg. dept. BROADWATER$ COVE TOiVN OF SOUTHOLD NOTICE ~ COUNTY OF ,SUFFOLK (~]) I~ .... ,. '~ SOUTHOLD ~r~s~l~ m~ C~fyC~f~ ~verheo~NY 11901 mu~ ~ 104