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HomeMy WebLinkAbout4828 J esa - @v "224 'iii tcc/s' 35°xJ5 Zer /Vele _ '9i /06-0060 76 9/1f_004 IIIIIii APPEALS BOARD MEMBERS II gSFF,O rd p\0 �'G Southold Town Hall Gerard P. Goehringer, Chairman �� y� 53095 Main Road James Dinizio, Jr. y Z t P.O. Box 1179 Lydia A. Tortora t p • Southold, New York 11971 Lora S. Collins : * pt�� ZBA Fax (631) 765-9064 George Horning =0i * *torr Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION \e Luce_ n e MEETING HELD OCTOBER 5, 2000 Appl. No. 44828—R. b URSO & RHULS 1000-106-6-35 (to unmerge from 34) Street and Location: 1645 Bayview Avenue, Part of Lots H & I, Map of Shore Acres, Mattituck Date of Public Hearing: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicants' property is shown on the 1914 Map of Shore Acres as part of Lot H and part of Lot I, and is identified on the Suffolk County Tax Map as parcel 1000-106-6-34. A February 15, 2000 survey has been submitted showing a proposed house. The lot is unimproved and contains 20,946 sq. ft., with 100 feet of frontage on Bay View Avenue and a depth of approximately 215 feet. The adjoining lot to the east, SCTM 1000-106-6-35, is improved with a dwelling and contains 24,142 sq. ft. with 120 feet of frontage on Bay View Avenue. BASIS OF APPEAL: Building Inspector's May 8, 2000 Notice of Disapproval which states that the subject lot (#34) has merged with the adjacent lot (#35) pursuant to Code section 100-25A, which provides that a nonconforming lot shall merge with an adjacent lot held in common ownership at any time after July 1, 1983. RELIEF REQUESTED: Applicants request waiver of the merger of lot 34 with lot 35, as provided for in Code Section 100-26. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Under the provisions of Code section 100-25A, merger of lots 34 and 35 occurred on June 11, 1985, when title to both passed by inheritance to Dorothy A. Byrne. On December 16, 1985, Dorothy A. Byrne sold lot 34 to S. Sanders and A. Schwartz, and lot 35 to N. Johnnidis. On August 29, 1986, by separate deeds, applicants purchased lot 34 from Sanders and Schwartz and lot 35 from Johnnidis. On June 30, 1988, applicants sold lot 35 to C. and V. Allen; applicants have continued to own lot 34. Thus, the periods of common ownership of lots 34 and 35, after July 1, 1983, are June 11 through December 16, 1985 (Dorothy A. Byrne) and August 29, 1986 through June 30, 1988 (applicants). (2) C. and V. Allen, who purchased lot 35 in June 1988, obtained a building permit at that time and built a home on the property. There is no record of any question of lot merger being raised at that time. (3) Applicants purchased lots 34 and 35 in August 1986 as an investment. They paid $63,000 for lot 34 and $67,000 for lot 35. They sold lot 35 in 1988 for$100,000. Lot 34 is currently under contract to sell for$43,000. 4 Page 2— October 5, 2000 • Appl. No. 4828 —R. D'Urso & ano. 1000-106-6-35 (and 34) (4) The formal merger statute, Code section 100-25, was enacted in November 1995 but relates to common ownership at any time after July 1, 1983. In 1988, when applicants sold lot 35 and the purchasers received a building permit, the question of merger did not arise. The common ownership of the two lots ended at that time. The attorney for applicants' contract vendee testified that a review of building permit files for parcels in the area in the period 1983-1988 showed no evidence of inquiry into the possible merger status of lots for which building permits were sought. We have no evidence about the considerations surrounding applicants' purchase of lots 34 and 35 in 1986, but we think it unlikely that they would have purchased if they understood that they were acquiring only one buildable lot. (5) Waiver of merger will allow for construction of one single-family residence, which will not result in a significant increase in the density of the neighborhood. (6) Lot 34 is one of the smaller in the neighborhood, but its size is not seriously inconsistent with the surrounding properties. Waiver will recognize a lot that is reasonably consistent with others in the area. (7) Even if the merger is waived, applicants will suffer a substantial loss on their investment in lot 34. Failure to waive the merger would result in a larger loss, by leaving applicants with an unbuildable lot. (8) Lot 34 slopes upward from the street. To build on it will probably require some leveling of land but the Board notes that the house on lot 35, which is located well above street level, seems not to have required extensive cutting away of land. No evidence was introduced to indicate that construction on lot 34 will have a detrimental effect on nearby environmental or flood areas. RESOLUTION: On motion offered by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the waiver requested. VOTE OF THE BOARD: AYES: Members Dinizio, Collins and Horning. NAY: Member Tortora (feels there is a serious problem with contours which is a consideration and creating lot smaller than most of others in the area). Abstained: Chairman Goehringer. This Resolution was duly adopted 3-1. . w„..„- -0 : I. JA S DINIPIO, R ZVE I AND FILED BY CH� IRMAN PRO *Mla•- - LOU1Ji"LD TOWN CLERK DATE 01 131Q) BOUR tO t fly w. U. Town Clerk, Town of Southold SEP-05-00 TUE 11 :36 AM SAFE T CHILD 516 8217101 P. 01 /0(9 6'P60: S U T E it AND ARCHITECTURE • LANDSCAPE • DESIGN August 31, 2000 Mr. Mike DeLuca 23 Magnolia Dr. Rocky Point, N.Y. 11778 Re: Bay View Ave Property Dear Mike, I have reviewed the topographical survey of your property on Bay View Ave, Mattituck and feel that it is very much a buildable lot. We would propose installing the garage on the ground floor with living spaces above it. I hope this letter clears up any questions. Sincerely, Ct.5�a (' 01 Reit,/ 4 e p r Richard M. Suter .07p, :�" RMS/la Grp EWA \tea i P. O . BOX 1709 QUOGUE, NEW 'YORK 11959 631 653 3877 FAX 631 653 3878 pi, . -_- SURVEY OF FARTS OF LOTS H $ -- SITUATE MATTITUCK TOWN OF SOUTHOLD } — — »._ n __ :- SUFFOLK COUNTY, N.Y. Q � , I a..e . - SURVEYED 2 - 15 - 2000 h, 'CC:.C. °50 GP. SUFFOLK COUNTY 106 TAX MAP O - - --- ist - CERTIFIED TO: Michael Deluca Z __ `� LOTS SHOWN HEREON REFER TO _ "MAP OF SOUTH ACRES" „ell FILED JANUARY 3, 1914 ::c-a_39 rt.' :,-s,-e. bV 89°44't �� 95.23' AS FILE it 41 — — — 0 0 - Frons b w - _.. en GP. `�_- r wuI 4- I , 1.1:1-F.E '-',C.2,-/-'7.7`,.- __- \ GP ,, � N =\0==S '-'ON �=\- =os",� a 0" O NEw , ?. ;i' GC• % AR.'-� ":C°- E:= .. Ac-e r _ _ last O9• ca _ - - i , . w \e roc,- ne a -ec,:eo- ^o.e - Test , '�: *• o 8 How- kms w�� - ---- t :`cRFo O. 5025)I/� coo -. a c' ce.:--- o e: so a ® - - -- - ______ D LAND �a' Y i_ -� - U) JOHN C. EHLERS LAND SURVEYOR 21a84' to NorthDrive I N.Y.S:LUNO. 50202 - - _ - 6 EAST MAIN STREET -imm a S8S--5 9i®°� w ll\©/®0©y�®II9 :U RIVERHEAD,N.Y. 11901 t 7 r S At Y I �W I NU I 369-8288 Fax 369-8287 REF.DOBSV99-309 TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: 6 21100 SUBJECT: Fie Update - Hearing Calendar of —b terse) 'i aU atal _ 6 With reference to the above application, please find attached the following new information added to the official ZBA office file: J am+1 � -4- /nap ` °a-t3S' o f. 42, d Comments: Number of Pages Attached: / C:\WINDOWS\DESKTOP\ZBA FOLDERS\ZBA\ZBA MEMBERS FROM STAFF\TrMemo.doc SUFFOLK CO.HEALTH DEPT.APPROVAL , _ d. �ifr flsT urn .tm SERVitFS— - H.S NO. saa, n% L.:7; - SINGLE FAMILY DNELING ONLY i MAP n P2 nC �-7 ,/ x + A r fNx. I DATLFEB 2 2 18B9,IS.REF.NO 616 1' A OF ..PRO L..�C : T t 4 * ;„ ti The sewage disposal and water,luc addles for this SLJa v'YEU F01G - , , e;t- --x° �LS7r... .....- 1▪ ,yam w c location have b inspected by P - +itremt and/or other z 4 me 1 J o` d to a a+ -Y, 1 i { t..�,� , .. � . � � �.;-lA2I F� g i. i. AC LEN : �• Chief i Bureau of Waster 'r Man gement AT STATEMENT OF INTENT. 1. L€� l s Mhl'(ITUCIL THE WATER SUPPLY ANQSEWAGE DISPOeAL *• -+--- h �' SYSTEMS FOR THIS • RESIDENCE WALL - — t TOWN t OF ��ISTHOt D Na Y • . • • CONFORM TO THE STAle,ARDS OF THE _ „..•-9- SUFFOLK CO. DEPT. OF HEALTH SERVICES. .,___ ' E. -75TT -t_ 0.89,44E:19.65 , � . < r., 09 is) +.+-Z7s^ 'Tia.i4 QIGW 1'` r ��f I \ `; ,� \9 ' �. APPLICANT - - - " `21GWT' OF .. w.>Y l\ tttttt - - - _ • " r \ ikT.. 4 es I^ SUFFOLK COUNTY DEPT. OF HEALT F `� J ! �T�Q `1\C SERVICES - FOR APPROVAL OI S _ ``1`rrF�� CONSTRUCTION ONLY i{ / Y Di- \ % . I DATE: - S �i `1 ! �� �0 WEZIEGLET :q H.S.REF.NO.a- �.SQ'- . - , r k I .N - � APPROVED: 1_:� — � • • 5:139*441E, _ • 94-- SUFFOLK CO.TAX MAPDE,SIGN4TlON: 4 I • F f' DIST. SECT. BLOCK PCL " I 1 ' • t coms- i I `,1 2 is t• 3 Jab 106 f�..- -,. ru{ .f _Ammer 1 Rof-7T DF WISY 1� --BEACH ,Ri �4 OWNERSAODRESt - •19#44:,'. .•••••^ T.H.- � r .. "1� - 0 r - 140.B `4! 1,-., 1 i tit tb JA------# 1 • - N ._... to i'L� �i D : e 11 r lu j -•:131mar -rain> K # =4-. a-5,..._� • �' _.... ti '8' 4 t11jrg} I DEED:L.6C3rL _.�P�IZaF "'£�„:7-4.‘,.,- --- �5-- _ / n �j” -`ryI • FiI/F ZIEI,FI7._ TEST HOLE .STAMP I i i - it% 2?-4,..t:::,(1;;--"T be Calle,net 1 5 0 1PON,APIPE y�- w•� --Ny -'7CT7DTa1? D,2{VE it' ra86`59 r.t0 w::. 12QQ..,.� 1 .,•nr w•� �.,n:.0 - -.12290I'i HEOIIIM a'Fa an t:;nnnu [.?-4.1.6' aAY, VIEW. AyeNUE- +'� lUfJ 12J406.. 9AyD «: . MFFP..AEENDED-FetA 26.1885,; SEAL AUG-Ka‘tg79'9 • _ n 3618 GUARANTEE li.TO -- __...__— 4JATICIIJAL ATToRNEYJTL� -c9 Wa y(,. rFVFx�� a . '. ASTLN1t/EYEf� D.EC. 6 ,4995 i`" .1'• FSsP C7F SF t"i 2F Ac!?- 2, I RIC 1Z VAN VL P.C. Iii �`a'' $. 4C.- • o - UFlES f2EFG g TO 1 tart•••r--%-+"rte -. `, K a ;- il-IC f FE CQCLE121C"S oFtri d5 M?.NO 1. YiE ,, .1. 1- ` �`��, '4_ LICENSED LAND-SUR YbRS t tszy ,?. r• �.+�•. .i 't.+s-s+.rase:. r-tc+'s r, tetFA+4I errant"@:VR_'i. PER'U.5.3 G 5.DATUM AT 'GRE&IPORT - NEW YORK S\1'.41•`0'' • • • NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 14, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 14, 2000 at the time noted below (or as soon thereafter is possible): 7:20 p.m. REHEARING: Appl. No. 4828 — ROBERT D'URSO and R. OVERHULS/M. DELUCA, Contract Vendee. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1609. Dated: August 28, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 APPEALS BOARD MEMBERS • ��rUFFO(� ��� ONO CCG Southold Town Hall d�`t` y• 53095 Main Road Gerard R Goehringer, Chairman P.O. Box 1179 James Dinizio, Jr. t y x ��' Southold, New York 11971 Lydia A.Tortora �p Lora S. Collins _ j�C �p Y ZBA Fax(631) 765-9064 George Horning = - ✓ Telephone (631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 13, 2000 Gary Flanner Olsen, Esq. Main Road Box 706 Cutchogue, NY 11935 Re: ZBA Appl. No. 4828 — D'Urso Lot Waiver Dear Mr. Olsen: Enclosed please find a copy of the Appeals Board's determination rendered at our October 5, 2000 Meeting. Please be sure to follow-up with the Building Department for the next step in this building permit 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 update regarding their May 8, 2000 Notice of Disapproval and permanent records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department 10/13 10.421 M• D eLct«\ 7 `f � --r b4O 001°(C) APPEALS BOARD MEMBERS • ssf'sgOFFO(,r" . Southold Town Hall Gerard P. Goehringer, Chairman � 1 • 53095 Main Road James Dinizio, Jr. y x , P.O. Box 1179 Lydia A. Tortora "p 1�2 Southold, New York 11971 Lora S. Collins p! �� ZBA Fax (631)765-9064 George Horning 1 41 $ Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD OCTOBER 5, 2000 Appl. No. 4828—R. D'URSO & R. OVERHULS 1000-106-6-35 (to unmerge from 34) Street and Location: 1645 Bayview Avenue, Part of Lots H & I, Map of Shore Acres, Mattituck Date of Public Hearing: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicants' property is shown on the 1914 Map of Shore Acres as part of Lot H and part of Lot I, and is identified on the Suffolk County Tax Map as parcel 1000-106-6-34. A February 15, 2000 survey has been submitted showing a proposed house. The lot is unimproved and contains 20,946 sq. ft., with 100 feet of frontage on Bay View Avenue and a depth of approximately 215 feet. The adjoining lot to the east, SCTM 1000-106-6-35, is improved with a dwelling and contains 24,142 sq. ft. with 120 feet of frontage on Bay View Avenue. BASIS OF APPEAL: Building Inspector's May 8, 2000 Notice of Disapproval which states that the subject lot (#34) has merged with the adjacent lot (#35) pursuant to Code section 100-25A, which provides that a nonconforming lot shall merge with an adjacent lot held in common ownership at any time after July 1, 1983. RELIEF REQUESTED: Applicants request waiver of the merger of lot 34 with lot 35, as provided for in Code Section 100-26. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Under the provisions of Code section 100-25A, merger of lots 34 and 35 occurred on June 11, 1985, when title to both passed by inheritance to Dorothy A. Byrne. On December 16, 1985, Dorothy A. Byme sold lot 34 to S. Sanders and A. Schwartz, and lot 35 to N. Johnnidis. On August 29, 1986, by separate deeds, applicants purchased lot 34 from Sanders and Schwartz and lot 35 from Johnnidis. On June 30, 1988, applicants sold lot 35 to C. and V. Allen; applicants have continued to own lot 34. Thus, the periods of common ownership of lots 34 and 35, after July 1, 1983, are June 11 through December 16, 1985 (Dorothy A. Byrne) and August 29, 1986 through June 30, 1988 (applicants). (2) C. and V. Allen, who purchased lot 35 in June 1988, obtained a building permit at that time and built a home on the property. There is no record of any question of lot merger being raised at that time. (3) Applicants purchased lots 34 and 35 in August 1986 as an investment. They paid $63,000 for lot 34 and $67,000 for lot 35. They sold lot 35 in 1988 for$100,000. Lot 34 is currently under contract to sell for$43,000. • Page 2 — October 5, 2t • Appl. No. 4828 —R. D'Urso & ano. 1000-106-6-35 (and 34) (4) The formal merger statute, Code section 100-25, was enacted in November 1995 but relates to common ownership at any time after July 1, 1983. In 1988, when applicants sold lot 35 and the purchasers received a building permit, the question of merger did not arise. The common ownership of the two lots ended at that time. The attorney for applicants' contract vendee testified that a review of building permit files for parcels in the area in the period 1983-1988 showed no evidence of inquiry into the possible merger status of lots for which building permits were sought. We have no evidence about the considerations surrounding applicants' purchase of lots 34 and 35 in 1986, but we think it unlikely that they would have purchased if they understood that they were acquiring only one buildable lot. (5) Waiver of merger will allow for construction of one single-family residence, which will not result in a significant increase in the density of the neighborhood. (6) Lot 34 is one of the smaller in the neighborhood, but its size is not seriously inconsistent with the surrounding properties. Waiver will recognize a lot that is reasonably consistent with others in the area. (7) Even if the merger is waived, applicants will suffer a substantial loss on their investment in lot 34. Failure to waive the merger would result in a larger loss, by leaving applicants with an unbuildable lot. (8) Lot 34 slopes upward from the street. To build on it will probably require some leveling of land but the Board notes that the house on lot 35, which is located well above street level, seems not to have required extensive cutting away of land. No evidence was introduced to indicate that construction on lot 34 will have a detrimental effect on nearby environmental or flood areas. RESOLUTION: On motion offered by Member Collins, seconded by Member Homing, it was RESOLVED, to GRANT the waiver requested. VOTE OF THE BOARD: AYES: Members Dinizio, Collins and Homing. NAY: Member Tortora (feels there is a serious problem with contours which is a consideration and creating lot smaller than most of others in the area). Abstained: Chairman Goehringer. This Resolution was duly adopted 3-1. � JA SSD O, JRffncrifi CH IRM. . • - e • I • RECEIVED AND FILED BY THE SOUTHCLD TOWN CT FRK DATE 10113k:0 HOUR I0:YChtt1 own Clerk. Town of Southold 5- I P-')C116:k IP III GARY FLANNER OLSEN ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 "E6@7 E Viral August 8, 2000 AUG p02Yr, �i "anou it it Re : D Urso/DeL'uca � Waiver of Merger--------________ Dear Board Members : Please accept this letter as a formal request to re-open the hearing in re the above matter. In reviewing the transcript of the hearing which took place on July 6, 2000, it appears as though it would be helpful to re-open the hearing so that certain issues can be clarified. If the Board decides not to re-open the hearing, then please accept this letter as a formal withdrawal of t aiver of Merger application, without prejudice to ren th application at a later date . Very t ly yours, OARY' F�LANNOLSEN GFO: dwo HAND DELIVERED Southold Town Zoning Board of Appeals Main Road Southold, NY 61\44 Page 31 - July 6, 200 • Transcripts of Hearings Board of Appeals 7:45 P.M. - Appl. No. 4828 - ROBERT D'URSO & RICHARD OVERHULS (Owners), and MICHAEL DeLUCA (Contract Vendee). .. This is a request for a Lot Waiver as provided under Article II, Section-,100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent Lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I, on the Map of Shores Acres, Mattituck, N.Y. CHAIRMAN GOEHRINGER: Now I am at this particular time going to turn the meeting back over to Mr. Dinizio for the D'Urso & Overhuls. MEMBER DINIZIO: Anybody wish to speak on behalf of the applicant? DAVID OLSEN, ESQ.: Good evening. My name is David Olsen. I'm the attorney for the applicants and I have my law offices at Main Road, Cutchogue, New York. This is a request for a waiver of merger as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. Michael DeLuca is presently under contract to purchase Lot number 34 from Robert D'Urso and Richard Overhuls. Tax Lot 34 was purchased by Robert D'Urso and Richard Overhuls on August 29, 1986, in Liber 10121, Page 581. They purchased said lot from a Steven P. Sanders and Albert Schwartz but purchased a lot from Dorothy A. Byrne by Deed dated December 16, 1985, Liber 9948, Page 245. Robert D'Urso and Richard Overhuls also purchased Tax Lot 35 on August 29, 1986 in Liber 10121, Page 577 from Nicholas Johnnidis, who in return also have purchased said lot from Dorothy A. Byrne on December 16, 1985, Liber 9948, Page 249. On June 30, 1988, Robert D'Urso and Richard Overhuls, sold Tax Lot 35, to Charles and Valerie Allen, by Deed dated 6/30/88, in Liber 10671, Page 585. A Building Permit was issued to the Aliens on June 17, 1988, under Building Permit #17120 and a Certificate of Occupancy was issued by the Southold Town Building Department, Tax Lot 35, C. 0. number Z17837. I've submitted here with a copy of the Building Permit, Certificate of Occupancy for Tax Lot 35. This application is a necessity by the passage of merger lot and to the code on November 28, 1995, under Article 2, Section 100- 25A, which states that "A non-conforming lot shall merge with an adjacent conforming or non-conforming lot which has been held in common ownership for the first lot at anytime after July 1, 1983." On Lot 35, it was sold by the applicants on June 30, 1988, the merger law was not in effect. Thus, enabling the town to issue Building Permit and Certificate of Occupancy. Tax Lot 34, which is the subject of this application is now standing by itself, was caught in the trap of the merger law language that speaks about common ownership, and parcels as far back as 1983. At this point in time, the two lots are no longer in common ownership, with one lot vacant and one lot improved by two separate Page 32 - July 6, 2. • Transcripts of Hearings Board of Appeals owners. The Applicant and Contract Vendee, is Mr. & Mrs. DeLuca, who obtained approval from the Suffolk County Health Department, Tax Lot 34. But before the purchase can be completed, a waiver of merger must be approved by the Zoning Board. In reviewing the standard set forth in Section 100-26 in the Southold Town Code, which the Board should consider in determining any application for the waiver of merger, I wish to make the following comments. Tax Lot 34, is currently single and separate ownership and Tax Lot 35, is also single and separate ownership since June of 1988. The Town of Southold has already approved the Building Permits Certificate of Occupancy for Tax Lot 35, for a single family residence. The subject property is known as and by parts of Lots H and I on a certain map entitled, Map of Shore Acres situate in Mattituck, filed in Suffolk County Clerk's Office on January 3, 1914, as Map #41. The granting of the waiver of merger will not result in a significant increase in the density of the neighborhood. Upon review of the Suffolk County Tax Map, Lot 34 is generally in keeping with the size and shape of other parcels in the area. The waiver was recognized Tax Lot 34 that will be consistent in size and shape of other lots in that neighborhood. The Village grant the waiver of merger for Tax Lot 34, would result in an unbuildable parcel. This would result in severe economic loss to Mr. D'Ursol, Mr. Overhuls, who under contract to sell Lot 34 for a price of $43,000. The Village grant the waiver would result in allowing virtually losses. The granting of a waiver of merger would not effect any near-by environmental flood areas. For all the above reasons stated, I request that the Board will favorably grant this application. MEMBER DINIZIO: OK. Well I have no questions so I'll just start with George I guess. MEMBER HORNING: So the whole idea of unmerging is so that he can sell it to this fellow, that's it? But if it was merged - MR. DAVID OLSEN: Well essentially, if it's not, if the merger isn't granted, if the waiver of merger isn't granted, they really can't sell to anybody because the lot becomes - MEMBER HORNING: Part of the other end and then they would sell the whole thing. MR. DAVID OLSEN: At a much reduced price. MEMBER HORNING: I have no other questions. MEMBER DINIZIO: Lydia? Page 33 - July 6, 2. • Transcripts of Hearings Board of Appeals MEMBER TORTORA: You said, that when the lot was sold, the improved lot was sold, - MR. DAVID OLSEN: It was an unimproved lot. MEMBER COLLINS: It was unimproved when it was sold. MEMBER TORTORA: Well, it is improved now. That when it was sold, that the merger law was not in effect at that time? Is that correct? MR. DAVID OLSEN: That's right. MEMBER TORTORA: And the year of that was? MR. DAVID OLSEN: It was I believe 19 - MEMBER COLLINS: June of 88. MR. DAVID OLSEN: June of 1988. MEMBER TORTORA: It was single and separate law at that time. This particular law was not in effect but there was a single and separate law in the Town of Southold. MR. DAVID OLSEN: That's right. The town issued a C.O. for Lot 34 only. Lot 35, excuse me. MEMBER TORTORA: That's all I have now. MEMBER DINIZIO: Lora? MEMBER COLLINS: I'm just going to state for the record, that these merger cases like this totally confuse me. We had a case somewhat like this. I can't remember the name of it. Within the last year and a half and I said, it sounds like an Ex post facto law to me because when it was enacted in 1995, there wasn't a blessed thing that Messrs. D'Urso and Overhuls could do to avoid the prior common ownership. But, my colleagues on the Board, Mrs. Tortora and Mr. Dinizio, both more or less jumped on me that night and said, but, as Lydia just said now, there was a single and separate law at the time and no-one has ever explained to me exactly how it would have operated it, at the time and whether it counters Mr. Olsen's argument because Mr. Olsen's argument to me, is a very clear one, like, there wasn't anything his client do about it. Just for the sake of this deliberation, does either one of you want to enlighten me a little? Page34 - July6, 2• • Transcripts of Hearings Board of Appeals I'm not going to ask Mr. Olsen because I don't think that would be quite fair. We haven't asked him to do that homework. MEMBER TORTORA: I think what would be enlightening, except I wasn't not on the Board at the time but I'm sure the Board's secretary has a copy of the Town Code as it read at that time. BOARD SECRETARY KOWALSKI: Well there's also court precedence. We had a couple of case laws on it which confirmed the merger single and separate MEMBER COLLINS: No, no, no, these are not, I'm sorry - BOARD SECRETARY KOWALSKI: If you like to see it, we can show you the - MEMBER COLLINS: No, no, no. I would like to bring it out now. MEMBER TORTORA: What the law was. In other words, and I'm not an expert on it, but the merger law was in existence since 1983 or 84 I believe it was. MEMBER COLLINS: OK, that's really what I'm getting at. MEMBER TORTORA: And there was a single. At the time it was not called a merger law. It was called a Single and Separate Ownership Law and there was an exemption list. MEMBER COLLINS: Oh, the subdivision that were exempted. I understand that, yes. MEMBER TORTORA: Many, many, many old lot subdivisions, were exempted from it. The Merger Law is merely a change in name and - MEMBER DINIZIO: Oh, no, it did a lot more than that. MEMBER TORTORA: Yes it did. It's a change in name but the principal of single and separate ownership dates back to 1983. 7 I MEMBER COLLINS: OK, I just wanted to hear this said in the 'context of this- hearing, because it is relevant because what you had was, the applicants Messrs. D'Urso and Overhuls in 1986 acquired these two adjacent lots and they owned the two of them for two years and then in 88 they sold one of them to the Aliens and the Aliens got a Building Permit and they got a C. of 0. and went happily on their way. And I think what you're telling me is, that at the time if the Page 35 - July 6, 2t • Transcripts of Hearings Board of Appeals law had been understood, observed, and forced, whatever the relevant word is, that a merger would have been found at that time. Am I understanding it? BOARD SECRETARY KOWALSKI: That's right. MEMBER TORTORA: That's my reading. MEMBER COLLINS: That's why I get confused because I didn't go through any of this. Thank you. MEMBER DINIZIO: I want you to know Lora, I feel that the whole law is confusing and a - MEMBER COLLINS: Well I do too. MEMBER DINIZIO: Certainly merging just because you've got a name on a deed is the most absurd thing. That's the reason why I'm not commenting on it. MEMBER COLLINS: Yeah, we, the Board knows Mr. Dinizio. BOARD SECRETARY KOWALSKI: It's good that we have a waiver though. A waiver procedure. MEMBER DINIZIO: Anything else Mr. Olsen to add to this? MR. DAVID OLSEN: No. MEMBER DINIZIO: I guess I'll ask if anybody else would like to speak in favor of this application? MR. DAVID OLSEN: Thank you. MEMBER DINIZIO: Thank you. Is there anybody? I don't see anybody. Is there anybody would like to speak against the application? MS. WILLIAMS: Hi, my name is Cathy Williams. I'm the lot 35 that is merged. I am glad that there are other people confused because I'm also confused myself. I'll begin by saying we moved here from Brentwood and we came to Mattituck for the purpose of living in a nice wooded area and it was to our understanding that there would be no, that lot between myself and the Sweeneys would be unbuildable. Their real estate people told them that only one or two other houses could be built, which the other one was mine. So, when people come to look at it, we would see the "for sale" sign and when people came to look at it, I Page 36 - July 6, 21 S Transcripts of Hearings Board of Appeals was always confused but I didn't want to get involved, and I wanted to mind my own business, but the deals always fell through and I just assumed because it was an unbuildable lot, because that's what we all believed it to be, an unbuildable lot. It's been going on for 7 years since I've lived there. They come, they go, it never works out. This last gentleman again, I said the same thing. You know I was walking the dog. I just said, you know it just never seems to work out. I don't want to get involved. I don't feel that I have the right, or the knowledge about it to even get involved in that. But again, it was my understanding, that this lot was unbuildable. Also, I think the reason that they stated that law was because they wanted to decrease the density. And I'm all for that coming from the surroundings I grew up in, when I was a child. Mr. D'Urso, what I'm confused about is, I'm not really buying the hardship area because I feel that, that single search should have taken place that would of shown them that, that lot was unbuildable. I believe these people to be investors and I work for the Stock Market and with every investment comes some degree of risk, and I believe that something happens somewhere along the lines where some lawyers did not do their homework which would have found, that this lot is not buildable, and which myself and my neighbors also believed. You know as far as any kind of hardship for the current owner, his contract is contingent upon getting a Building Permit. I thought I heard someone say, that there was a Building Permit already in action. I thought that you know, unless these lots are unmerged, how could you have gotten a Building Permit? I'm not really buying the hardship for two reasons because I think the gentleman in contract now, I have a copy of his contract right here, that is contingent on receiving a Building Permit and the unmerger, and also Mr. D'Urso, I think something must have happen there as far as I don't believe they did that single search that you're talking about, that I'm not familiar with but that would have shown that, that lot would be unbuildable. I've researched and got a couple of case studies where, were actually Smithtown case they adhered to the Zoning Laws, and also the Southold ,Town: Board• reversed the decision regarding you know, not going to the merger, you know, for not going for unmerging the lots. As far as the transfer of ownership, I'm confused about that myself. But we're currently Lot 35, merging with that Lot 34 which we always believed to be unbuildable. If they do build a house on that lot, we're talking 12 feet from my property. The ramp that goes off my bedroom we would have to take it down. We would have to take a ramp off the back of our bedroom because their lot is literally right on top of our lot. I would just like you to take into account, that I think the law was made for a good reason. I think the houses that are going up in our neighborhood are very rapid moving, and I would like to find out more about why Mr. D'Urso didn't find out that, that lot was unbuildable before he kept trying to sell to all of these people, or maybe I'm wrong. I'm not even sure. Page 37 - July 6, 210 • Transcripts of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. I believe the Building Permit he was talking about was your Building Permit. MS. WILLIAMS: Oh. MEMBER DINIZIO: You know, either house. He was saying, that they split the lots, you know, they got a Building Permit for 35. That's you lot, right? MS. WILLIAMS: Right. MEMBER DINIZIO: That's what he was talking about. MS. WILLIAMS: OK. MEMBER HORNING: Jim, could I get some clarification from that lady? MEMBER DINIZIO: Sure, Ma'am. MS. WILLIAMS: Yes. MEMBER HORNING: I'm curious. You were talking about having to remove a something from your property. Are you suggesting, that your property is non- conforming also? MS. WILLIAMS: No, my property. My back, my bedroom, there's a ramp that goes off the back of my bedroom. That ends right at the property line. So in other words, if you go, here I have a picture of it. I don't know if you'll be able to see it. But we would have to just take that off. We would have to just remove that because our property would end right there. There's our bedroom, that's their property line, right on top of that. OK, that's what it looks like also. MEMBER HORNING: And why would you have to do that? MEMBER DINIZIO: Could we keep this? MS. WILLIAMS: Because we could no longer walk down it, correct? MEMBER HORNING: I don't know. MS. WILLIAMS: Not with, one step off that ramp, we're on their property. So, that's what we would have to do. MEMBER COLLINS: Well that's the nature of property lines. Page 38 - July 6, 2. • Transcripts of Hearings Board of Appeals MEMBER DINIZIO: So you're saying, that to get off this ramp, you have to step on to somebody else's property? MS. WILLIAMS: But it was never a concern to us, because we always believed it to be unbuildable. We have our swing set there. MEMBER DINIZIO: Oh, you have a swing set on their property? Dave you getting this? Can we keep these? MS. WILLIAMS: We're just playing in the woods. MEMBER DIN IZIO: OK, is that all you have George? Thank you very much Ma'am. Is there anybody else that would wish to speak? Please state your name. MR. WILLIAMS: My name is Donald Williams. I'm Kathrine husband. We also own the ( ) lot. Like my wife says, if you see from that picture, my property line ends 12 foot from where the new lot starts. Had I known that was a buildable lot, maybe I would have taken a more aggressive approach to purchase that. As you might be able to understand I mean who would want someone to build 12 foot away from their master bedroom. That's my master bedroom in the picture. My wife and that's my neighbor sitting in the kitchen, you know, having coffee here. I think it's rather close to us. I think the kitchen, the property is almost, it's unbuildable. I mean I don't know professionally, you know from an engineer's report how he could build a house on there. I can tell you this. I have a, my driveway faces the east side of Bayview Avenue facing Mattituck. Again I can tell you I have probably the best sleigh ride driveway in Mattituck from the kitchen to the driveway. I don't see how you can put,up a house safely up there. I think you would lose half of the hill there. It would all wash out. I would just like to know, or see a picture of how they're going to go about this. It doesn't seem feasibly possible. MEMBER COLLINS: Mr. Chairman? If Mr. Williams is done, could I ask counsel a questions. MEMBER DINIZIO (Acting Chairman) Yes, just hold on just for a second. Do you, are you finished with this gentleman? MEMBER COLLINS: Oh, I thought he was done. I'm sorry. I thought he was finished. Page 39 - July 6, 2. • Transcripts of Hearings Board of Appeals MEMBER DINIZIO: I don't think we could require the applicant to show us how he's going to go about that house. But certainly he cannot be of any detriment to your property and the Building Inspector would ensure that, that would happen certainly. But as far as us saying, how a person-goes about building a house, we have no control over how they do that. If they, the nature of this application is just whether or not someone could build on that piece of property. If they had to come back to us for a variance because they were too close to your property line, or you know, they needed a setback variance, then we could certainly place restrictions on run-off, you know, haybale things such as that but beyond the scope of this meeting, we wouldn't even, we had no idea. I'm not a builder and we, this application doesn't address that. MR. WILLIAMS: OK, also, like I said, we can't do less than a, it's a very pristine and quiet block. I don't want to see another Levittown in Mattituck and I feel if there's anything we can do. If I can save 100 sq. ft. of Mattituck new development, I mean, so be it, and I think that's what you'll get from the rest of my neighbors. Thank you. MEMBER DINIZIO: Thank you. Lora, do you need to ask that question now? MEMBER COLLINS: I might as well. (changed tape). It says lots merged under certain circumstances. They're too small and they have common ownership. This Board can waive the merger and there are things we're suppose to look at, and Mr. Olsen listed them for us, and I don't know whether everyone was fully tuned in. But one of them has to do with the natural details and character of the property, and this is a really steep piece of property. And the drawing with the sought of hypothetical house that was submitted here, it's just a rectangle placed on the land. It certainly looks like it would have to cut sharply into the property. Could you just enlighten us a little bit more about, realize nobody has specifically designed a house yet that's goner go on the property but? MR. DAVID OLSEN: I don't know if they've gotten to that point yet, because we had to - MEMBER COLLINS: Right. But, you under, understand the concern, I mean one of the things we are suppose to look at is, is what happens to the contour of the land. MR. DAVID OLSEN: I understand. I don't think that he plans on doing anything that would destroy any of the land. Two things I would like to point out. Mr. & Mrs. Williams were making arguments which essentially what seems like they would achieve is, they want to treat this lot different than the lot they bought Page 40 - July 6, 2. • Transcripts of Hearings Board of Appeals which if one merged the other would merge. They have a C.O. and a house now on that one lot. We're asking for the same thing here. In terms of the economics of it, it would certainly be a hardship on not only the Contract Vendee by the Contract Vendor. The seller of this property would essentially not .; be able to sell to anybody else. Aside from the Williams or the other neighbor but why would they buy it when right now, there using it you know, they have that vacant land next to them anyway. Nobody else can buy it. I guess nobody is going to buy something in the middle of two lots which are already built on, besides those neighbors. And Mr. DeLuca, the person hoping to buy this lot, has already spent a lot of money. He's gotten surveys, he's gotten Health Department approval and hardship ( ). One other thing I'd like to point out is, that this lot would be essentially the same exact size as lot 35. MEMBER DINIZIO; I think that Mr. Olsen, you know, I think Lora has brought up a good question in that you know, you're going to be cutting 8 feet into that bank or whatever you want to call it, hill, to build a house one way or the other. MR. DAVID OLSEN : Well he would have to meet all the, he would have to meet all the standards set by the Building Department. It's understood. MEMBER DINIZIO: OK. MR. DAVID OLSEN: From the setbacks and other things. MEMBER DINIZIO: Yes. I'm satisfied with that. And certainly, if you need the variance you'll be back to us anyway. MR. DAVID OLSEN: That's right. MEMBER DINIZIO: OK. Is there anybody else that would like to speak? MR. WELLS: Howard Wells, Mattituck. As an excavator after 45 years, I feel qualified to offer an opinion and feasibility to build on lot number 34. If I merged from Lot 35. First of all, there's a 13 foot rise and 40 foot, in the 40 foot setback, that's 20 degrees. This is just to the cellar floor or garage door, whichever you want to call it. But a no-level pad in front of the garage and with a 20 foot level pad in front of the garage, I think you require that, your rise in the driveway would mean 13 feet and 20 feet. That's about 33 degrees. Maximum rise, • maximum slope on the road, I don't care what degrees is about 30 degrees, even a jeep would hardly make that. And 30 foot more to the back wall of the proposed house is another 11 foot rise in topography which puts top of a normal 8 foot cellar three foot below grade. By the time you clear for a house, water line Page 41 - July 6, 2. • Transcripts of Hearings Board of Appeals cesspool, and lines, with a driveway, I believe it would be necessary to lose move the trees and brush for at least 100 foot back. MEMBER DINIZIO: And the reason for that is again? Could you just state that, sir? MR. WELLS: Pardon. MEMBER DINIZIO: You said you wanted to be, you said 100 foot back, even these trees. What would be the reason for that? MR. WELLS: Well, you've got a 40 foot setback plus 30 foot is 70 and the hill is still going up. You've got to cut into the hill, put in at least two sets of retaining walls. As an expert, I've done some and I wouldn't attempt it. Thank you. MEMBER DINIZIO: Thank you, Mr. Wells. MR. WELLS: You wouldn't even want to give it a try. MEMBER DINIZIO: Is there anybody else would like to speak? AL RICHARDS: Good evening. My name is Al Richards and I'm joint owner of property to the east of Lot 35 and I was greatly relieved to hear that there was some confusion on the Board, because I came in here tonight really baffled about merged lots, when it happened, how it happened, delighted to hear that I'm not alone in that. I would say up front, I think that the statute that was enacted merging the lots is morally bankrupt, and my personal opinion contrary to the Constitution and the Bill of Rights. But the fact is, that it is a law, and I'm not here to settle the moral issue of it. Under the single and separate concept,-I believe that this property merged, let me back up. I believe that the property became subject to one acre zoning back in 1971. In 1983, under single and separate it merged. Subsequently, there have been three purchasers of this property, subsequent to 1983. So I would submit that the current owners problem is a self induced problem. There was amble time for the purchasers to review the title and the history of this property. This lot if the unmerging is approved will create the second smallest lot in this neighborhood. And I believe, although I'm not an engineer, I think that this lot would be about 10 or 11% smaller, than Lot 35. I also believe, that Lot 35, the Lot 35 site plan approval• Building Permit C.O., were probably issued on the assumption, that Lot 34 was not buildable. There were some rather heroic steps made to render Lot 35 buildable. I don't know that for a fact, and I'm not suggesting that I do. But I think that, that is an issue here, whether Lot 35 was approved on the assumption 11% Page 42 - July 6, 2 • Transcripts of Hearings Board of Appeals that Lot 34 and Lot 35 had merged, and there was only one building to go up in that area. That's all I have to say on it. Thank you very much. MEMBER DINIZIO: Thank you Mr. Richards. Would you like to rebut? Sure. MR. DAVID OLSEN: If those two lots hadn't indeed merged at the time, there would be more than one lot, but the Southold Town Building Department issued a C. 0. for only 35 and not 35 and 34 combined for a larger lot. MEMBER DINIZIO: OK, so is there anybody else would like to speak on this application? MR. SWEENEY: My name is Steve Sweeney. I own the lot on the other side of this property we're talking about. Listening to Howard, knowing his years of experience I don't know how they could build a retaining wall that would hold on for a lifetime without anybody guaranteeing me, that my property will never cave in, or the Wells' property. When I bought my house, 17, or 18 years ago, it was one lot. In fact I always understood by my real estate person, that there would only two houses built between me and the water, and those houses have since been built. There's also the creek right there that if they build a driveway now, you know, with that concerns about drainage running into the creek , and it's just a, it's also going to be crowded. I don't know, I just love it the way it is up there now, and I don't want to see a house built there, and you know, when I bought my house, it was one lot, and I don't know how they were ever going to separate it. I could, you know, if you grant this, I could say then, I could separate my lot also, because my lot is also is actually bigger than those two lots put together, and I wouldn't want to do that. Thank you. MEMBER DINIZIO: Thank you Sir. Is there anybody else? Anything from the Board? OK, well I'll make a motion that a, what do you feel? You want to close this? MEMBER COLLINS: Close the hearing, pending - MEMBER DINIZIO: You need anymore information? No? OK, I'll make a motion that we close this hearing and I guess vote on it when. MEMBER COLLINS: Decide it later. At a later date. MEMBER DINIZIO: At a later date? OK. I'll make that motion. See Minutes for Resolution. PP-e Pelitlet "CIA:A: {� ,kitz Awr-01 t--is,5 Ice • • Roc. -7/1ocd zoo VI_ FORM NO. 4 �„� ..id tq _ TOWN OF SOUTHOLD / tee : D iu.e S d BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17837 Date MARCH 13, 1989 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1745 BAYVIEW AVENUE MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section 106 Block 06 Lot 35 Subdivision MAP OF SHORE ACRES Filed Map No. 41 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 8, 1988 pursuant to which Building Permit No. 17120Z dated JUNE 17, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED GARAGE & DECKS. The certificate is issued to CHARLES & VALERIE ALLEN (owner, •• • ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 88-SO-68 FEB. 22, 1989 UNDERWRITERS CERTIFICATE NO. PENDING SLIP 3/10/89 PLUMBERS CERTIFICATION DATED DAVID LEE FULTON 3/10/89 05 .----,,-d Building Inspector Rev. 1/81 7 Page 1 of 1 • • C 7/ Od O l!rs")41 4 S' kd � ' a fi „'—„.,71,...'4,..: ' - .a. 7.,1;-,-,,,: ';'.,:,. r �a. m ..a - £ a x� * E fx L � ��ax{ � a'�! e?t ,. a � �. > : 'F r i FR IT1TTT 4 zR �.:'& ...... ...: .w . S�..1�. dq iwrN+Mr.iwrbo...w� �� N, �,} J 7 ' A.. ll. • 34' xtlF. %. a ...... ' l . •r 'shte4?, • f. _ 1 Rz ..': 4 4.. �'�,' a V' M4 S � h �1',q 4:7k.. 4°?S,+�”p , "-thy C x ,, ." x _, 5 'S ..-i. . U irvoiwvv iiie.»ti,uvi v l,-vv�r.Jry Page 29 , June 8, Al 11 Transcripts of Hearings Board of Appeals 7:34 P.M. - Appli. No. 4828 -Robert D'Urso & RICHARD OVERHULS (Owners' & MICHAEL DELUCA (Contract Vendees) This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent Lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres, Mattituck N.Y. CHAIRMAN GOEHRINGER: Alright, I will now yield to the second Senior Person on the Board, who is Mr. James Dinizio. MEMBER DINIZIO: Does anybody wish to speak? MR. OLSEN: Yes, my name is Gary Olsen. I'm the attorney for the applicants. I understand that some of the neighbors have contacted Mr. Goggins today and he apparently has not had an opportunity to review the file and has spoken to me outside and has asked that we adjourn it and I have no objection to that. MEMBER DINIZIO: OK, you want to next month? MR. OLSEN: If that's the next meeting, that's fine. BOARD SECRETARY KOWALSKI: That's July 6th would be the next meeting. MEMBER DINIZIO: We can get him on there? BOARD SECRETARY KOWALSKI: Yes. MEMBER DINIZIO: OK. MR. OLSEN- Alright? The other thing is, he brought to my attention, that notice was not served by certified mail on the owner of tax lot 35 and I checked my file and he's accurate in that, and I think the reason for that happening was because that's part of the merger application, tax lots 34 and 35. But I would like an opportunity to a make proper service on 35 that was required. MEMBER DINIZIO: OK, so then that's reason enough to come back next month. 'OK, I'll make a motion to recess to July 6th. Any second on that? MEMBER TORTORA: I'll second it. See Minutes for Resolution. ,. anal. 7 y- O 9 Vi ❑ ' Seg - - N89°44'�"� 95.23' "' - ♦ 9-o„ ,.ors s►+orw I j o 1 ruz �� " ' ,w g t ;1 I. �, I�,. r r - _ r. _ cn I N +r•if - 8f Dpy �a !tt'.r. � Sort (UL ltiro 44 Bro. 1`L amK 0 Sane L i'I 3co f 6 'r 4° ` 1� I �_ CoOrSt ,C .._ a . . ae fine tc SUFFOLK COUNTY DEP ''fMENrOA}iIAITASERVICES �ltMoe APPROV C,,yO ` PERIVOFCONSTRUCTION <d • aAd ) cL F I u Y 1tESIDE2 •E ONLYON FOR A 2q-: M ..-:? 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OF HEALT 1 _� i vX.Nang'`, 'aye ,�. j rr�'0 �`1�� SERV ICES - FOR APPROVAL -O PILJT. 10 _�', - V I f`�' CONSTRUCTION ONLY / it/ 3 YiiRe, S� DATE: ,.; �u 1 J t '' \1 1/4 APPROVED ��_,.'._ y - "' _ _ r' - . ._ _. 9� SUFFOLK CO. TAX INA bEr�IdNATiOTI r -� ` `',l� ° ^F DIST. SECT- . . CLOCK Poi' � ! A.R. ,, 9 Q { 3 g .(DCC) LOG _. 3+ a • _j r i I 1 I T°F.WAY- Z !b _ - BE-Acil r 0.:::::::::...7...:,,,.... .T...0. ....:::... ,,,. , , WNERS AbDRESS . . .i.i.'.. , ` .0- - £9'd4' N 8914 w -Ips_ - W 1 r�..:!i. Tom' NI Pr- - 11 _ Tst1• Y a '7�1� ro , , { --- ' 3 - Kt • ;. (tl � DEED: L_w— P.41Q J is �y'�� w. .. __. j {� 1 r Yi1/F ZI EGt•;.fz.. TEST HOLE :' . STAMP , $R -t �Q• "1"--CC- / ' „ti 'L/ 1 TSSYIT , ( (V t 4r z j } f/ 3 5C / LE y�� • IMUS 3 • iii t ' -• a' . .• - , ro!b ;:+":- x+r —y �'- I D'i4O f h y , h wiw.s,eva•! ea seal.a 169 ,R a, 12C:fy Nrpe z ;'Se shalt . - I /'' : ; x _wild m»ceW t'. �" Femon+.110ru� of a 1� 3 T T -usmme9s in9en eC mem] ��°� 1'� 6 . i. _ S o 1 {x'1 A z .jl''•� O a4 f5884500,W , I2V,�}.. �. ti< . na.ed e•d un n of a, a n c'-- 3�� ._ �}i .yfl V.E - • i er-'��t ]horoon¢w :..ye�-, �aiFi .. '.vl,tien FR le��dm>* n ,r I L� L 1 1LZ'T-,I�. r'�t✓ED(Ut"t ...1--A F nese,T n«nansecnie e ad tY frt:nL' MAP WEN, D—MA•Q.2b,K�88 ;1Uit,f2.1 _ .. 'f _ Sf$6.•, SEAL 1 AUG. Vp.1988 --- -- — _ ta71t1N1/4-/TMrhigY TI7' Ccit iLi?MY s x - . F "+t 1 -N `' t0' i: 6 ,cga : n h , t.YI YL. t'" `�` Z"' ' ? ,.( ) 1 TJ _AP JFSFui2E ACf2E5Ej25;1 LIN 2EEC"-- __.. _ .r,. - ItqW . . ; .{, r7 E CFf� Q C t2+� '� [Cr _M ._m� I , iCENlED LAND SURVEYbRS 11' rlI.Y [�t 'i: `� ` . Ysf� -2,/S-./ }` . „ e¢:•,r-se •;r ccrs r N+I=Ar.1 F aA,a:� vex:FEL .S• G. . DAT UMAT dREENPORT NEW YORK -.; pr ,.-. • JUN-08-00 THU 13 :02 722 4411 P. 01 L /\ J (�Y • \ f-c:11- \‘ Alfred D. Richards �' U� PO Box 134 1845 Bay View Avenue 2\ Mattituck,NY 11952 *IN June 8,2000 L = ' SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road Southold,NY 11971 RE: APPLICATION#4828 --J7ia/ Dear Sir or Madam: (� My attorney is unable to attend the hearing in regard to the above application, scheduled for THURSDAY,JUNE 8, 2000 AT 6:50 PM, do to a prior commitment to appear elsewhere. I respectfully request that this matter be postponed at this time, to enable my attorney to appear at the hearing on this application. Very truly yours, `ed D.Richards ADR/cp FAX TRANSMITTAL (631) 765-1823 06/08/40 THU 11:24 FAX 5167347759 SCAB CUTCHOGUE Ij 001 • • FAX COVER SHEET DATE: JUNE 8,2000 TO: THE SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: STEVEN R &KIM SWEENEY NO. OF PAGES INCLUDING COVER SHEET 2 96/08/40 THU 11:24 FAX 5167347759 SCNB CUTCHOGUE Ij002 • • ' ,�\ ; bl Steven R &Kim Sweeney / 190 North Drive Mattituck,NY 11952 --1177;r2C43° LiC June 8, 2000 Town Of Southold ATTN: Zoning Board of Appeals Main Road Southold,NY 11971 Dear Board Members: Concerning the meeting scheduled for tonight,June 8a',2000 at 6:50pm regarding Appeals#4828,my husband and I are requesting a postponement due to the fact that our attorney, William Goggins,Esq.,has a conflicting meeting. Thank you for your consideration regarding this matter. reryyyo . .I ' "'alp Steven R. &Kim Sweeney Adjacent property owners Jrdit_I L t.UIl7 '.U( HI LII-111_ LII Dibl ' blt, 7.34 7512 1102 • • • CONTRACT OF SALE feervarr 3 d o ao CONTRACT OF SALE, made as of Decetber , 1999, between ROBERT N. D'URSO and RICHARD OVERHULS having an address at 11 Bedford Avenue, Rockville Centre, New York 11570 (collectively referred to as "SELLERS"), who agree to sell, and MICHAEL DeLUCA and his wife JULIET DeLUCA,having an address at 23 Magnolia Road,Rocky Point, New York 11778 (collectively referred to as "PURCHASERS"), who agree to purchase, the vacant land and ilk • 1112ildius3 and itupzuv.. Wel III thereon described in Exhibit A hereto (the "PREMISES"),known by the street address 1645 Bayview Avenue(Shore Acres) (unimproved),in Mattituck,the County of Suffolk,and the State of New York, and designated on the Tax Map as District 1000, Section 106, • Block 6, and Lot 34, TOGETHER WITH the interest, if any, of SELLERS in streets and unpaid awards as set forth in Article 8 below. fighting a.adY.vvkius fi4uR.S, Luise..and batlu0011.Cabiztrita, aa.aw..S atO,t,x wu1.104's and dvv.a, • .. , . . • , c, . .. _ ., .. , . .. .. _ . . vtLc, pe,seual Y.oyc.tf are ca.,krtLd&vitt tl.ia sal.,. 1. Purchase Price. The purchase price for the PREMISES is Forty-Three Thousand Dollars ($43,000.00); payable as follows: (a) Forty three hundred Dollars ($4,30.00.00) upon execution of this contract, by • check subject to collection. The nonpayment of said check shall give SELLERS the see ad & right to declare this contract null and void and to pursue all remedies against PURCHASERS on said check or as otherwise permitted by law. (b) Thirty eight Thousand seven hundred Dollars ($38,700.00) at the CLOSING. • • 2. Acceptable Fund4. All money payable under this contract, unless otherwise specified, shall be paid either: (a) in cash, but not more than$1,000 shall be so paid; (b) by good certified check of PURCHASERS or official check of a bank, savings bank, trust company, or savings and loan association having a banking office in New York,payable to the direct order of SELLERS,or to the order of PURCHASERS and duly endorsed by PURCHASERS to the order of SELLERS in the presence of SELLERS or SELLERS'attorney;or(c)as otherwise agreed in writing by the parties or their attorneys. 3. State of Title. The PREMISES is sold subject to the following: (a) All present and future building,zoning and other restrictions,regulations, laws, ordinances, resolutions and orders of any State, municipal or other governmental H J H71L I L QUI IkU' H I I UI<NL, Hi LHIJ • 516 734 7712 UW3 • • authorities having jurisdiction over the PREMISES or the use or improvement thereof. (b) Any other state of facts which a current survey of the PREMISES would show, provided such other state of facts does not materially restrict the normal use and enjoyment of the PREMISES. (c) The rights of utility companies, if any, to install, maintain and operate lines, poles,pipes,distribution boxes,and other equipment and installations over,under or along the street next to the PREMISES or the part of the PREMISES next to the street, or running to improvements on the PREMISES. (d) Real estate taxes and water and sewer charges, subject to adjustment as hereinafter provided. (e) Encroachments and projections of walls, foundations, trim, fences or other improvements, installations or appurtenances onto the PREMISES or from the PREMISES onto adjoining property; variations between record lines and any tax map; and consents for the erection and maintenance of any structures on, under or above any streets or roads adjoining the PREMISES. i0;01...., Q tit/1/4.aciAQ.,, count tOlttn ro Sta u U 4. ObjectlonewTitle. PURCHASERS agree promptly to apply for and procure a title insurance commitment from, and to cause title to the PREMISES to be searched and examined by, a duly licensed and reputable title insurance company (the "title company"). PURCHASERS agree to deliver to SELLERS and their attorney, Ward W. Fitzpatrick, Esq., 238 Mineola Boulevard, Mineola, New York 11501, copies of the title company's tide report or commitment, and any tax search,departmental searches,survey and survey reading,within not more than fifteen days after the date of this contract,together with a written statement by PURCHASERS of any and all objections to or defects in SELLERS'title. The failure by PURCHASERS to deliver any of said documents or said statement on or before said date shall constitute a waiver by PURCHASERS of any and all objections and defects in SELLERS' title that would have been disclosed in such documents or statement. SELLERS shall have the right to attempt to remedy any defects in title, and shall be entitled to reasonable adjournments of the CLOSING for such purpose. PURCHASERS shall accept such title as the title company will insure in accordance with its standard form of title policy, subject only to the matters provided for in this contract and such other exceptions as the title company, without special premium to PURCHASERS, will omit as exceptions to coverage or will except with insurance against collection out of or enforcement against the PREMISES. 5. The CLOSING. The "CLOSING" means the settlement of the obligations of SELLERS and PURCHASERS to each other under this contract, including the payment of the purchase price to SELLERS, and the delivery to PURCHASERS of a bargain and sale deed with covenant against 2 JHIILI L. U.1141-111 HI IU'.IIL i HI LHI} • Slb '734 7712 U04 • • grantor's acts, in proper form for recording, so as to transfer full ownership (fee simple title)to the PREMISES, free of all encumbrances except as herein stated. The deed will contain the covenant required by Section 13 of the Lien Law. 6. The CLOSING DATg. The CLOSING shall be held at the offices of Ward W.Fitzpatrick,Esq., 238 Mineola Boulevard,Mineola,New York 11501, at 10:00 A.M. on or about April 3, 1999 (the "CLOSING DATE"). Set Ek a b 7. Brokerage. PURCHASERS represent and warrant that they have not dealt with any broker in connection with this sale other than COLDWELL BANKER CELIC. PURCHASERS agree to indemnify and hold SELLERS harmless from and against all liabilities,claims,damages or expenses, including attorneys' fees, pertaining to any broker with whom PURCHASERS have dealt. This provision shall survive the CLOSING. S. Streets And Unpaid Awards. This sale includes all of SELLERS'ownership and rights,if any, in any land lying in the bed of any street or highway,opened or proposed, in front of or adjoining the PREMISES to the center line thereof,and any right of SELLERS to any unpaid award by reason of a taking by condemnation and/or damage to the PREMISES by reason of the change of grade of any street or highway. SELLERS shall deliver at no additional cost to PURCHASERS, at the CLOSING or thereafter,on demand,any documents which PURCHASERS may require to collect said award or damages. 9. Adlustatentj. The following shall be apportioned as of midnight of the day preceding the CLOSING DATE: (a)real estate taxes and water and sewer charges, if any,on the basis of the lien period for which assessed; and (b) premiums on existing, transferable insurance policies and renewals thereof. If the CLOSING shall occur before a new tax rate is fixed, the apportionment of real estate taxes shall be based upon the old tax rate for the preceding period applied to the latest assessed valuation; however,adjustment will be made when the actual tax amount is determined. This provision shall survive the CLOSING. Any errors or omissions in computing apportionments shall be corrected after the CLOSING. This provision shall survive the CLOSING. At the CLOSING, SELLERS shall deliver a certificate that SELLERS are not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of 1986,as amended(FIRPTA), and accordingly no portion of the purchase price shall be withheld by PURCHASERS pursuant to the Code. 10. Allowance For Unpaid Taxes. The amount of any unpaid real estate taxes,assessments,water charges and sewer rents which SELLERS are obligated hereunder to discharge or satisfy, with any interest or penalties thereon to a date not less than five business days after the CLOSING, at the 3 _._ _flat,' L 1_Ui LCJ, rig IUI IILi iii Li ol �it� 'i J� 'T712 E,U:J • • option of SELLERS may be allowed as a credit to PURCHASERS at the CLOSING, provided official bills therefor computed to said date are produced at the CLOSING. 11. Use Of Purchase Price To PayEncumbrances. If there is any lien against the PREMISES or anything else affecting the sale which SELLERS are obligated to pay and discharge at the CLOSING, SELLERS may use any portion of the balance of the purchase price to discharge it, or they may allow to PURCHASERS the amount thereof as a credit at the CLOSING, or they may deposit with the title company the amount which the title company may require to insure PURCHASERS'title clear of the matter or to insure against its enforcement out of the PREMISES. PURCHASERS agree to provide separate certified checks as reasonably requested to assist in clearing up these matters. • 12. Affidavit As To Judgments And Bankruptcies. If the examination of title discloses judgments,bankruptcies or other returns against other persons having names the same as or similar to SELLERS, SELLERS shall deliver an affidavit showing that they are not against SELLERS. 13. Transfer Taxes And Sundry Costs. At the CLOSING, SELLERS shall deliver a check payable to the order of the appropriate State, City or County officer or the title company in the amount of any applicable transfer taxes or stamp taxes payable by reason of the delivery of the deed, together with any required tax returns. PURCHASERS shall pay all expenses for examination of title, the premium for any title insurance policy issued to them,and all other title,survey,building permit,Board of Health approvals or other expenses incurred by them in connection with this contract or the CLOSING. 14. Inability To Convey. If SELLERS shall be unable to convey good and marketable title in accordance with this contract, or fail to deliver such title for any reason other than their willful default, or are unable to comply with any term, covenant or condition of this contract, the sole obligation of SELLERS shall be to refund,without interest,any payments made by PURCHASERS on account of the purchase price and to reimburse PURCHASERS for PURCHASERS'expenses for examination of title,whereupon this contract shall terminate and neither party shall have any further claim against the other by reason of this contract,and the lien,if any,of PURCHASERS against the PREMISES shall cease. SELLERS shall not be obligated to bring any action or proceeding or otherwise incur any expense to remove any objection to title. PURCHASERS, nevertheless, may accept such title as SELLERS are able to convey, without any reduction of or credit against the purchase price. As used throughout this contract"PURCHASERS'expenses for examination of title"shall mean the reasonable expenses actually incurred by PURCHASERS,other than attorneys'fees,for examination of title of the PREMISES and for survey updating,not to exceed usual charges for similar services by the title company where no policy is issued. 4 Jill 1LI L l.UlJF:Uf I-II IUI?NLI I-II Li lid , blb i'54 ',712 LlkJu • 15. Condition Of PREMISES. PURCHASERS have inspected the PREMISES and any personal property included in this sale and are fully familiar with their physical condition and state of repair. PURCHASERS agree to take the same "as is" and in their present condition, subject to reasonable use, wear,tear and deterioration between now and the CLOSING DATE. SELLERS shall not be liable for any latent or patent defects in the PREMISES. PURCHASERS shall have the right to inspect the PREMISES at a reasonable time prior to the CLOSING. PURCHASERS acknowledge that neither SELLERS nor any representative or agent of SELLERS have made any representation or warranty(expressed or implied)as to the physical condition,state of repair,expenses or operation of the PREMISES or any matter or thing affecting or relating to the PREMISES or this contract,except as specifically set forth herein. SELLERS shall not be liable or bound in any manner by any oral or written statement, representation, warranty, agreement or information relating to the PREMISES or this contract furnished by any real estate broker,agent or other person,unless specifically set forth herein. PREMISES ARE VACANT LAND WITH NO TIONS AS TO CONDITION OR ANY OTHER MATTER OTHER THANII 16. Possession. At the CLOSING,PURCHASERS shall be given possession of the PREMISES. No tenant will have any right to the PREMISES. 17. Notices. All notices, demands and other communications required or permitted under this contract shall be in writing and shall be delivered by hand or by mail, with postage prepaid, to SELLERS' attorney, Ward W. Fitzpatrick, Esq., at 238 Mineola Boulevard, Mineola, New York 11501, and to PURCHASERS' attorneys, JANET CONROY, at P.O. Box 1297, 538 Route 25A, Rocky Point,New York 11778. 18. PURCHASERS'Lien. All payments of PURCHASERS on account of the purchase price,and their reasonable expenses for examination of title, hereby are made a lien against the PREMISES. Said lien shall not continue or exist after any default by PURCHASERS hereunder. 19. Liquidated Damages. If PURCHASERS default under this contract, SELLERS as their sole remedy shall be entitled to declare this contract null and void and to retain all sums paid by PURCHASERS hereunder as liquidated damages, whereupon this contract shall terminate and neither party shall have any further claim against the other. 20. Assignment. PURCHASERS may not assign this contract without the prior written consent of SELLERS. Any attempted assignment without such consent shall be null and void. • 21. Entire Agreement. All oral or written statements, representations, and agreements of the parties are superseded by this contract,which alone fully and completely expresses their agreement. 22. changes Must Be In Writing. This contract may not be amended,waived or modified in any respect except by a writing signed by the party sought to be bound. 5 1 J'U JHHL_1 L LUIIIIU+ HI IUNt1L. I+I LM=I • bit, '7.J4 7Y12 61+J f. • • t 23. ,Survival. None of the representations,warranties,covenants or other obligations of SELLERS hereunder shall survive the CLOSING,except as expressly provided herein. Acceptance of the deed by PURCHASERS shall be deemed full and complete performance and discharge of every agreement and obligation of SELLERS hereunder, except those, if any, which expressly are stated herein to survive the CLOSING, and then such survival shall be only for a period of one year. 24. Binding Effect. This contract shall not be considered an offer or an acceptance of an offer by SELLERS,and shall not be binding upon them until executed and delivered by both SELLERS and PURCHASERS. Upon such execution and delivery,this contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. The obligations of PURCHASERS hereunder shall be the joint and several obligations of each of the PURCHASERS. 25. Social Security Numbers. The Social Security Numbers of the SELLERS are , and the Social Security Numbers of the PURCHASERS are 310 26. Building Permit Contingency%This contract of sale is subject to purchasers ability obtaining a building permit prior to closing r. Purchasers will provide SELLERS with copies of all documents submitted to obtain a building permit and status and/or outcom of any hearin applications or variances applied for P✓ aa, h�t>p s � SOwe.: Wtt � « `4-A..k .e . a s p +0 ` IN ITNES REOF,SELLERS an CHAS S have duly executhis ntract as of the date first above written. (a- AtcL15 foc.? IvIL4 /nereq.rt4a 09•00 C-Ce tvidre4 /lfrf) fvr end taonf4. or. fracid. Thtrci( /At C.IO5inq is dela reJ q.f4n "tarsh3l "a R � 'e• P✓rcfajcfri a ii Sip, COO cj e; APric 1,1x04 "yv, 00d Al of MAY I1l%.n eafl ► rqv) fu4 c1 of T.'". aoau RICHARDOVERHULs /1Ziod ALim ---- MICHAELLDeLUCA i& Ae t1r. JUL T DeLUCA • 6 . t anlonire—...-tiS • ---_ • „' ,� h Gy gOfO(,� ELIZABETH A. NEVILLE �% Town Hall, 53095 Main Road O • i P.O. Box 1179 TOWN CLERK ` H Z % REGISTRAR OF VITAL STATISTICS ^i Southold, New York 11971 MARRIAGE OFFICER 0 ,j. `�� ,, Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ����! .1pp,1� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER -1,,,��� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 9, 2000 RE: Zoning Appeal No. 4828 Transmitted herewith is Zoning Appeals No. 4828—Gary Flanner Olsen for DeLuca- Zoning Board of Appeals application for waiver. Also included is a cover letter from Gary Flanner Olsen, Building Department Notice of Disapproval, transactional disclosure form, ZBA questionnaire, a lot waiver questionnaire, six (6) copies of the property survey, six (6) copies of the Suffolk County Tax Map, six (6) copies of the Suffolk County Health Department Approval, a copy of the contract of sale, a copy of the property title search, and a copy of the property deed. GARY FLANNER OLSEN • • ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 631-734-7666 FAX 631-734-7712 May 8, 2000 Re : DeLuca - Waiver of Merger Our File 6998 Dear Linda : Enclosed please find an Application for the following: 1 . Waiver of Merger with supporting docum= s . RECEIVED 2 . My attorney' s check in the sum of $1 . 5 . 00 . Very t . ly yours, MAY 0 8 2000 L , Southold Town Clerk G"'Y FLANNER OLSEN GFO: lmk Enclosures Southold Town Zoning Board of Appeals Attn: Linda Town Hall - Main Rd. Southold, NY 11971 APPLICATION FOR WAIVER UNDER SECTION 100-2 6 This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached) . The zoning of my parcel is presently: R 40 The size requirement for this zone is : 40,000 square feet per parcel . County Tax Map Parcel Nos : 1000 106 _ 6 _ 34 & 35 I (we ) , Michael DeLuca as contract vendee , as owners of the contiguous lots shown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1 . Copies of my recent tax bill for both (all ) lots . 2 . Copies of deeds dated prior to June 30 , 1983 for all lots. 3 . Copies of current deeds of the parcels under review. 4 . Copy of the current County Tax Map for my neighborhood . 5 . 3150 . 00 application check which is not refundable if this waiver is denied . I understand that if an unfavorable waiver a'tio is issued by the Town of Southold, that I reserve the igh} to' file for a subdivision and , if necessary, area var ante/& under the usual procedure . By making this application, I o he Town of Southold free and harmless from any and all clai ,s n•. liability resulting from the issuance of a waiver . t.rypFl nner Olse n ase Attorney for Michael DeLuca (Applicant and Owner ) Sworn to before me this 8th day of May , 13xx-• 2000 e „„ �/ �/7(1„ //iw / ar Pu LORRNNE KLOPFER l is Nary Public,State 0 New** NoAWOn OwNWu WM11,a,.K"y�,�// Commission Was Nov.30,1 t9,0 0I A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation . Issued by Reasons for appl; cation ( to continue on next page). zbata.w1295 • • APPLICANT ' S REASON #1 : The applicant Michael DeLuca is presently under contract to purchase tax lot 34 from Robert N. De'Urso and Richard Overhule. Tax Lot 35 is an improved parcel currently owned by Donald Williams 'arid Kathleen Williams. Tax lots 34 & 35 were in common ownership in the names of Robert N. D'Urso and Richard Overhule until they sold tax lot 35 on June 30 1988 to a Charles B. Allen and Valarie Allen which tax lot 35 was then conveyed by a referee to the current owners, Donald and Kathleen Williams. • APPLICANT' S REASON #2: The applicants have obtained Health Department Approval on tax lot 34. The granting of a Waiver of Merger would only increase the density in the neighborhood by one .building parcel and the parcel would be in general keeping with the size and shape of other parcels in the community. • (PLEASE USE ADDITIONAL SHEETS if needed . ) • • FORM NO. 3 Ac TOWN OF SOUTHOLDBUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; May 8, 2000 TO Gary Olsen A/C Michael DeLuca PO Box 706 Cutchogue NY 11935 Please take notice that your application dated April 13, 2000 For permit for determination of merger at Location of property 1645 Bayview Ave Mattituck bttrnoA Ur-1P County Tax Map No. 1000 - Section 106 Block 6 Lot 34 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds; Subject lot has merged with adjacent lot SCTM# 1000-106-6-35 pursuant to Article II Section 100-25A which states; Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Autho ' ed .ignature I I TITLE NO: 25297 . SS District : 1000 Section : 106 . 00 Block: 06 . 00 Lot : 034 . 000 Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds : SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above- captioned property has been in single and separate ownership Robert N. D'Urso and Richard Overhuls and his/her predecessors in title since prior to 4/1/57 except as follows : (see attached chains of title) . The liability of the Company is limited to the amount of the fee paid. Dated: 2/7/00 } ELITY NATIONAL TITLE INSURANCE COMPANY MARIE PAGE Sworn to before me this 7th day of February, 2000 Notary Public MARGARET VOLLMOELLER Notary Public. State of New York No 01V05032469 Qualified in Suffolk CountV000 Commission Expires August 29, ' • • TITLE NO. 25297 . SS STATE OF NEW YORK) ss : COUNTY OF SUFFOLK) MARIE PAGE, being duly sworn deposes and says : That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises : SCTM 1000-106 . 00-06 . 00-034 . 000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/1/57 . SUBJECT PREMISES : 1000-106 .00-06 . 00-034 . 000 Winoba Corporation Dated: 9/11/53 to Rec' d: 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety Stephen F. Griffing, Jr. , as Dated: 6/11/85 Executor of Last Will and Rec' d: 8/13/85 Testament of Louis Albert Ziegler Liber 98-49 cp 580 a/k/a Albert L. Ziegler, late of (Premises and more) Mattituck who died 12/11/85 to Dorothy A. Byrne Dorothy A. Byrne Dated: 12/16/85 to Rec' d: 1/3/86 Steven P . Sanders and Liber 9948 cp 245 Albert Schwartz FIDELTY NATIONAL TITLE INSURANCE COMPANY BY: � � MARIE PAGE Sworn to before me this 7th day of February, 2000 Notary Public MARGARET VOLLMOELLER Notary Public.01V05032409W York Qualified in Sultolk County Commission Expires August 29, • Steven P. Sanders, Albert Dated: 8/29/86 Schwartz, by George H. Linck, Rec' d: 9/12/86 their attorney in fact Liber 10121 cp 581 • , to Robert N. D'Urso and Richard Overhuls LAST DEED OF RECORD PREMISES EAST: 1000-106 . 00-06 .007035 . 000 Winoba Corporation Dated: 9/11/53 to Rec' d: 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety Louis Albert Ziegler Dated: 9/30/70 to Rec' d: 10/14/70 Dorothy Kamp Ziegler Liber 6822 cp 410 Stephen F. Griffing, Jr. , as Dated: 6/11/85 Executor of Last Will and ( Rec' d: 8/13/85 Testament of Louis Albert Ziegler, \ Liber 9849- cg"580 a/k/a Albert L. Ziegler, late (Premises and more) of Mattituck who died 12/11/85 to Dorothy A. Byrne Dorothy A. Byrne Dated: 12/16/85 to Rec' d: 1/3/86 Nicholas Johnnidis Liber 9948 cp 249 Nicholas Johnnidis :Dated: 8/29/86 to Rec' d: 9/12/86 Robert N. D'Urso and Liber 10121 cp 577 Richard Overhuls FIDELITY NATIONAL TITLE INSURANCE COMPANY BY: C� MARIE PAGE Sworn to before me this 7th day of February, 2000 `LOU O A.0 Notary Public MARGARET''OLL."10ELLER Notary Public. State of New vork No O1VO5032469 Qualified in Sntfulk Countya0 00 Commission Expires August 29, . Robert N. D' Urso and Dated: 6/30/88 Richard Overhauls Rec' d: 8/18/88 to Liber 10671 cp 585 Charles B . Allen and Valerie Allen, his wife Barry H. Feldman, Esq. , Referee Dated: 9/14/93 to Rec' d: 10/7/93 Donald Williams and Liber 11647 cp 285 Kathleen Williams LAST DEED OF RECORD PREMISES WEST: 1000-106 .00-06 .00-033 . 000 Winoba Corporation Dated: 9/11/53 to Rec' d; 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety Louis Albert Ziegler and Dated: 11/4/61 Ethel G. Ziegler, his wife Rec' d: 11/20/61 to Liber 5083 cp 485 Marie T. Hendrickson Marie T. Hendrickson Dated: 6/30/77 to Rec' d: 7/11/77 Gerald Bravata Liber 8266 cp 471 Gerald Bravata Dated: 7/12/79 to Rec' d: 7/19/79 William McDermott and Liber 8661 cp 473 Laurie D. McDermott FIDE ITY( NATIONAL TITLE INSURANCE COMPANY L\\\ O_ BY. 5 PAG �Q MARIE PAGE (\V Sworn to before me this 7th day of February, 2000 • .s_41 ./ 4 . . VI �- Notary Public MARGARET VOLLMOELLER Notary Public,State of New York No 01V05032469 Qualified in Suffolk County Commission Expires August 29, E U S S William McDermott and Dated: 8/26/82 Laurie D. McDermott Rec' d: 10/25/82 to Liber 9260 cp 434 Laurie D. McDermott Laurie D. McDermott Dated: 1/17/84 to Rec' d: 1/25/84 Steven R. Sweeney and Liber 9501 cp 441 Kim Sweeney, his wife LAST DEED OF RECORD PREMISES NORTH: 1000-106 . 00-06 . 00-031. 000 Anna Thalen Dated: 5/12/44 to Rec' d: 5/15/44 Louis A. Ziegler and Liber 2358 cp 89 Ethel G. Ziegler, his wife Winoba Corporation Dated: 9/11/53 to Rec' d: 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety Louis Albert Ziegler Dated: 9/30/70 to Rec' d: 10/14/70 John A. O' Keeffe Liber 6822 cp 406 Esther Alida O' Keeffe, as Dated: 4/22/81 Executor of the Last Will Rec' d: 4/27/81 and Testament of John A. Liber 8994 cp 158 O' Keeffe, late of Quogue, deceased to Dorothy Byrne FIDELITY NATIONAL TITLE INSURANCE COMPANY BY : MARIE PAGE Sworn to before me this 7th day of February, 2000 Notary Public MARGARET VOLLMOELLFR Notary Public. Slate of New York No 01V05032469 Qualified in Suffolk County Commission Expires August 29, oW00 • • Stephen F. Griffing, Jr. , as Dated: 6/11/85 Executor of Last Will and Rec'd: 8/13/85 Testament of Louis Albert Liber 9849 cp 580 • Ziegler a/k/a Albert L. Ziegler, (Premises and more) late of Mattituck who died 12/11/85 to Dorothy A. Byrne Dorothy Byrne a/k/a Dated: 12/16/85 Dorothy Z . Byrne Rec' d: 1/3/86 to Liber 9948 cp 241 Carl Oswald Carl Oswald, by George H. Dated: 9/18/86 Linck, his attorney in fact Rec' d: 9/29/86 to Liber 10134 cp 301 F. Lynn Curlee, John D. Martin, as joint tenants with right of survivorship F. Lynn Curlee and John Dated: 3/6/89 D. Martin Rec' d: 3/20/89 to Liber 10819 cp 385 Bridget Montifiore Bridget Montifiore Dated : 11/23/98 to Rec' d: 12/4/98 Elaine Benedict Liber 11932 cp 376 LAST DEED OF RECORD PREMISES SOUTH: Bayview Avenue FIDEL TY NATIONAL 1 �\ TITLE INSURANCE COMPANY BY: MARIE PAGE Sworn to before me this 7th day of February, 2000 Notar Pa ublG MARGARET'!OLLMOELLER Notary Public. State of New(ark No 01V05032469 fualified in Suffolk Countyy0 co Commission Expires August 29, ff� tin,1444 ', • AT© EYAT LAW I . , , n MR 3100 AS 'GATE. -_ D D oRhjj ciajas6W---' A ORNEY AT CAW- ,tr; P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 631-734-7666 FAX 631-734-7712 April 12, 2000 Re : Michae - Waiver of Merger Our File 6998 Dear Ed: Enclosed herewith please find a Single and Separate Ownership Search . My client is purchasing tax lot 34 . Apparently, tax lot 35 is an improved parcel and was sold in June of 1988 to Charles and Valarie Allen and is currently owned by Donald and Kathleen Williams . If you feel that there was a merger, please issue the necessary denial letter so that I can make application with the Zoning Board of Appeals for a Waiver of Merger . Very truly yours, �FWNN • OLSEN �cutc- GFO: lmk Enclosure Southold Town Building Dept. Attn: Ed Forrester Town Hall - Main Rd. Southold, NY 11971 • • TITLE NO: 25297 . SS District : 1000 Section: 106 . 00 Block: 06 . 00 Lot : 034 . 000 Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds : SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above- captioned property has been in single and separate ownership Robert N. D' Urso and Richard Overhuls and his/her predecessors in title since prior to 4/1/57 except as follows : (see attached chains of title) . The liability of the Company is limited to the amount of the fee paid. Dated: 2/7/00 IDELITY NATIONAL TITLE INSURANCE COMPANY MARIE PAGE Sworn to before me this 7th day of February, 2000 �tLJ �n gi i Laidath.SCWHIA-- Notaryy Public MARGARET VOLLMOELLER Notary Public. State of New York No 01V05032469 Qualified in Suffolk Count00dd Commission Expires August 29, • TITLE NO. 25297 . SS STATE OF NEW YORK) ss : COUNTY OF SUFFOLK) MARIE PAGE, being duly sworn deposes and says : That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises : SCTM 1000-106 . 00-06 . 00-034 . 000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/1/57 . SUBJECT PREMISES: 1000-106 . 00-06 . 0 -034 . 000 Winoba Corporation Dated: 9/11/53 to Rec' d: 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety Stephen F. Griffing, Jr. , as Dated: 6/11/85 Executor of Last Will and Rec' d: 8/13/85 Testament of Louis Albert Ziegler Liber 9849 cp 580 a/k/a Albert L. Ziegler, late of `(Premises and more) Mattituck who died 12/11/85 to Dorothy A. Byrne Dorothy A. Byrne Dated: 12/16/85 to Rec' d: 1/3/86 Steven P. Sanders and Liber 9948 cp 245 Albert Schwartz FIDEL TY NATIONAL TITLE INSURANCE COMPANY BY: MARIE PAGE V Sworn to before me this 7th day of February, 2000 (.f 1[l minA i#-U Notary Public MARGARET VOLLMOELLER Notary Public. 01V05032469 Now York 0ualitled in Suffolk County a n d Commission Expires August 29. • Steven P. Sanders, Albert Dated: 8/29/86 Schwartz, by George H. Linck, Rec' d: 9/12/86 their attorney in fact Liber 10121 cp 581 to Robert N. D' Urso and Richard Overhuls LAST DEED OF RECORD PREMISES EAST: 1000-106 . 00-06 .0 -035 . 000 Winoba Corporation ated: 9/11/53 to Rec' d: 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety Louis Albert Ziegler Dated: 9/30/70 to Rec'd: 10/14/70 Dorothy Kamp Ziegler Liber 6822 cp 410 Stephen F. Griffing, Jr. , as Dated: 6/11/85 Executor of Last Will and Rec' d: 8/13/85 Testament of Louis Albert Ziegler, Liber 9849 cp 580 a/k/a Albert L. Ziegler, late (Premises and more) • of Mattituck who died 12/11/85 to Dorothy A. Byrne Dorothy A. Byrne Dated: 12/16/85 to Rec' d: 1/3/86 Nicholas Johnnidis Liber 9948 cp 249 Nicholas Johnnidis Dated: 8/29/86 to Rec' d: 9/12/86 Robert N. D'Urso and Liber 10121 cp 577 Richard Overhuls FIDE ITY NATIONAL TITLE INSURANCE COMPANY BY: L�Ct MARIE PAGE Sworn to before me this 7th day of February, 2000 Notary Public MARGARET"OLL.MOEI_LER Notary Public. State of New York No 01V0b032469 Qualified in Suffolk Countya0 00 Commission Expires August 29, • • Robert N. D' Urso and Dated: 6/30/88 Richard Overhauls Rec' d: 8/18/88 to Liber 10671 cp 585 Charles B. Allen and Valerie Allen, his wife Barry H. Feldman, Esq. , Referee Dated: 9/14/93 to Rec' d: 10/7/93 Donald Williams and Liber 11647 cp 285 Kathleen Williams LAST DEED OF RECORD PREMISES WEST: 1000-106 . 00-06 . 00-033 . 000 Winoba Corporation Dated: 9/11/53 to Rec'd; 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety Louis Albert Ziegler and Dated: 11/4/61 Ethel G. Ziegler, his wife Rec' d: 11/20/61 to Liber 5083 cp 485 Marie T. Hendrickson Marie T. Hendrickson Dated : 6/30/77 to Rec' d: 7/11/77 Gerald Bravata Liber 8266 cp 471 Gerald Bravata Dated: 7/12/79 to Rec'd: 7/19/79 William McDermott and Liber 8661 cp 473 Laurie D. McDermott FIDE ITY NATIONAL TITLE INSURANCE COMPANY� SY : 1. \\ CI MARIE PAGE Sworn to before me this 7th day of February, 2000 Notar Public MARGARET VOLLMOELLER NotaryNoob0�V05ate of 032469New York Qualified in Suffolk County O 00 Commission Expires August 29, ^...—•.. • 411 William McDermott and Dated: 8/26/82 Laurie D. McDermott Rec' d: 10/25/82 to Liber 9260 cp 434 Laurie D. McDermott Laurie D. McDermott Dated: 1/17/84 to Rec' d: 1/25/84 Steven R. Sweeney and Liber 9501 cp 441 Kim Sweeney, his wife LAST DEED OF RECORD PREMISES NORTH: 1000-106 . 00-06 . 00-031 . 000 Anna Thalen Dated: 5/12/44 to Rec'd: 5/15/44 Louis A. Ziegler and Liber 2358 cp 89 Ethel G. Ziegler, his wife Winoba Corporation Dated: 9/11/53 to Rec' d: 10/28/53 Louis Albert Ziegler and Liber 3603 cp 11 Ethel G. Ziegler, as tenants (Premises and more) by entirety. Louis Albert Ziegler Dated: 9/30/70 to Rec' d: 10/14/70 John A. O' Keeffe Liber 6822 cp 406 Esther Alida O' Keeffe, as Dated: 4/22/81 Executor of the Last Will Rec'd: 4/27/81 and Testament of John A. Liber 8994 cp 158 O' Keeffe, late of Quogue, deceased to Dorothy Byrne FIDELITYY NAATTIONAL TITLE INSURANCE COMPANY BY : ` MARIE PAGE c Sworn to before me this 7th day of February, 2000 1!)ALl0LAI Iry Notary Public MARGARET VOLLMOELLFR Notary Public. State of New York No 01V05032469 Qualified in Suffolk County Commission Expires August 29. • • Stephen F. tariffing, Jr. , as Dated: 6/11/85 Executor of Last Will and Rec' d: 8/13/85 Testament of Louis Albert Liber 9849 cp 580 Ziegler a/k/a Albert L. Ziegler, (Premises and more) late of Mattituck who died 12/11/85 to Dorothy A. Byrne Dorothy Byrne a/k/a Dated: 12/16/85 Dorothy Z . ByrneRec' d: 1/3/86 to Liber 9948 cp 241 Carl Oswald Carl Oswald, by George H. Dated: 9/18/86 Linck, his attorney in fact Rec' d: 9/29/86 to Liber 10134 cp 301 F. Lynn Curlee, John D. Martin, as joint tenants with right of survivorship F. Lynn Curlee and John Dated: 3/6/89 D. Martin Rec' d: 3/20/89 to Liber 10819 cp 385 Bridget Montifiore Bridget Montifiore Dated: 11/23/98 to Rec' d: 12/4/98 Elaine Benedict Liber 11932 cp 376 LAST DEED OF RECORD PREMISES SOUTH: Bayview Avenue FIDEL TY NATIONAL TITLE INSURANCE COMPANY BY: --V'V _ libk, ib MARIE PAGE Sworn to before me this 7th day of February, 2000 Qlll jc Valiant 9 Notar Public MARGARET VOLLMOELLER Notary Public.State of New York No 01V05032469 Qualified in Suffolk County�0 0U Commission Expires August 29, NI • Fidelity National Titl• • rIFl INSURANCE COMPANY OF NEW YORK Application Date: January 24, 2000 Report Date: February 7, 2000 Title No. 00-3704-25297.SS-SUFF APPLICANT: AMOUNT OF INSURANCE: Janet Conroy, Esq. P.O. Box 1297 Rocky Point, NY 11778 Phone: (631)821-6558 Fax: (631) 821-7586 INSURED MORTGAGE: LENDER ATTORNEY: PURCHASER: OWNER: Certify as found. OWNER ATTORNEY: SURVEY INSTRUCTIONS: COMPANY CHARGES: Variance Search $ 300.00 PREMISES: Sub-Total $ 300.00 1645 Bayview Avenue County of Suffolk Municipality of Mattituck Town of Southold Filed Map: No.: Phase/Block: Unit/Lot: Dist: 1000 Sect: 106.00 Block: 06.00 Lot: 034.000 SPECIAL INSTRUCTIONS: RECORDING CHARGES: Sub Total: $ 0.00 • TOTAL CHARGES: 300.00 24 Commerce Drive, Riverhead, NY 11901 Phone(631) 727-0600 Fax (631) 777-0606 • " T. • 5= / 'I SAW vast tAlnV WPM Nemo no warsaili—lan naTsuver WAND el Ina IT t emoses% • Mae Rd node the "v day el augts t ,einenm hunted and a 1 g ty_S .X I SETWIZA • F /1 5t EVER P. SAFDERS and. ALBAN'. S•=HWARnw,Yregiding Olt 161-25 Jet al. Avenue, Flushing, ;EOaCE H. LINCA, their atttraey in _act •, • pmdtaefeu wood ..j �( 'Jr ' es:.din J 4 at RoaEcr,nsuRSD and RICSARD OVERHVLS, r toaA Nortel Avenge, Lynbrook, New York11 • • Io:ry : dace:coed pan. . WETTEtT4:TM,dire the pew of the fat Ya.in inenianlifix fel rA.tes Of Ten Wm Srp`att•P andri e:nlwb1a conAdeaseits pad N she pear d 8e atalld pan.des held)sae wood Fat Ss heirs az Naas adi amigos of Va patty at da second part fmtni. ALL star tm:la palms rivet nr mad at beef, vide the Iwildiagt sod droned on thence elected. rimae, I.se and being fa the All Uma certain pint. piece se parcel •f lent situate. lying and P log at _' maw tack,"ea of So•it01d_ Cann of Stffalt ant State of tied lark, lana.OS : Jib by Pare of the Ancef'l are 1 on•cmpa y eetitled• lied of 9dee drew. .A sltotN at Lctitatt, taw.of 5a.tble, eul.aik County. :Ito[eels.aid said part lir it 1!M of LYS Site [tier •vgeJar as ane parcel are ere par:icvlarly Wended ad deterleY. A .rt . -^ at colla.": : 7r -. a N$lMIAG at a point on the wnanly ode of key View Avenue distant 210.04 feet F 3.... e.:urly Ira the easterly end ac a curve ehlen caravans ute northerly side of 5ey ti a Avenue wife tot attest tide of Mufti Orb,: AL/. ^±_ : . WNWMAC.Nan?O derer; If,Wants 00 secede: fast. 216_.1 feet: R!Pi.RWMUMPAPUMICE SWUs 61 Wen K aidseconds a0 Eat. 92.23 feet: qd:4,1_:—, --- Lt IMAM MME sputa 1 degree 00 dyads 10 sevdto ta : East 213.9) feet e north /0‘...0° a side of bey Vier/Sear: .'� 4'hii•C C.- =0G 15W Scott El[agrees 55 Mates 50 saeaeds Veit sled tat northerly side : OA_0I-? of W lees Avenue laa_eG feet m tot p.n2 rte place Of/EGIMILA6. ( Ova ,:_q / " ` TOGETHER web all . d title and «. if est d de paq at tae fuse pan to and rte arty Asa•; 4_ 111 ‘t odd Atall . ming die above L'Cibtl pndan u the dew ties demob TOG:nine with the tO m . al a0 dr sae and eigls al 'w lug of eke ism Cave in add ea mid p ala SO'HAVE AND he HOLD .le 1 , p basing a the patty of the stead pat,the kin t•sucradorf®d tnipm of she Cary of rbc . . untied p.9 foes.. . AND th of the foss law memos doe pie Fury of de burs hes ity on done er sired anything.inchy 1 . '3! ear mid ptaov;sa hove be ttutnad in say ten spas+[:fop 1 .1 . AND tet peg d tM ton pair,m mmpliamc.id.Setons 10 el the Lim Hae.mceaa that the pity at the foss .. L\_ pd.i.estiu t dee rsi sa her iia tm'gta and W geed St right to teal a sub meidlsast 0 n ......_„1...: , crave fed to Ni appileg lest kr t purpose of P am de ow of drivpenere rand.'dl apply de suer fiat o die plum of the test of the iepm.eoaee Mae Stag say pan a eve m..of doe ba.fee say n+s repast The seed'par dal be cern[+j as if it tad Suds senses de a of the ion so respire .. i 0 Wsua WHRRERIF, the pry of the kr pa has duly that rho Jed de,far and .car fuss abase ,,..K II'' r/� y In Hmtrl Op, ... gd44 - -' t�de.vlrlQ :'. • a ,gc��`�ylr� STflE.N/:P,. SAND a dC iat4 11 S;.:4 S`,-L b2' U ' .s t J /t N. JJe k }�. a gyt�t A.LTY Ck: L : 13 lcc^.� •B,Wt ,5^,.CifiARTB Fey • `r S Ct+,:l. BY ..• *Dr re-��ct 3290 . "- v "-George H. Liafck Ai ........•.. ,i.-ear onion nu f..•aim ...one.. 0 . .........e.,r.-t ....— — tjIuud 1012i Cipi(r Gfax OP Gar YOU u.a Oen the/9 day of ASgoet, 1 56. before be came George a. Liack. to ea them to i-_the attorney in fact of Steven V. Sas/dere, the iadividoal described in and who by big attorney in fact eeeeaead the fetvetd q llratnaertt. and duly ecRauvledged before es that ha eaceted • the sate as the act and Seen Of Ctatea P. Shen therein oe.erdbee, mad far the ppTPeae thereinwbtierineod. by rine of a poem'al a y `+ duly ew grad by the said Starer P. 6eadeze dated hequetyfr, ate. tobe retooled eS tta.woosly harmvit ii. the office et the Cleat of -,3 County of au . ac----.. F. . °moi sE7 '!: • Stan or nth YORK ) es.e cedar Of S.-Mx ) ? On to.Z9' day of Augoaa. MO. before es came George H. Lurk. to to lows to mo the at-earthy in feet of Albert SrbYeTti• the individual datQibed in LW who y his attorney it fact warted tee fofgoi.d insttaatit, and duly . .trcrlonged before se that he ermated the seas es the an atd tee of Albert Lenient therein described, . mai JOT UN tarpon therein set-toned. by ratue of a paepT of attaaa 'i *ay anemia-by the mid aMeth breathe mated begnet9je 1985, and to be roam Naalteaaonsly berwvrt itr in e attic. tea tea Glatt or ''a. the Cower et Sutton. fAACAiN AND SALE ofsa smog t7a11 f:Ntwatrr Made rgadvers Mn Thu.8K n�a - a _ lot ? man a tbaa . to pat At wan d COIOIONWEALTN LAN7 '. MU DARDAns Ct]lOdNy • aI. rens sda a - • Sap WO a f emm eat SSG.Me Madam �CnL• .e .74z.• fat's Domino r •/5/7 di: t.., e"--....C. :. !'. a� /e---<lci flerre ; ..79..„ .../ adwT�eainCee a //CC?/ •Td/13a : H . a `« K %' EIli a • y tier- 77 Y, SSs • ~ JYa rd I' 4 LI s'J el P. 4 .tia.ij *•. Ci • T . ...... lef 30 1 ---___ ., . . , . . s ,,.:,rtilien.r.fr rigirsVnriii'VS:;),:a OP--..I. • --.1‘5', ts.. .,....t, .. . I.7 , ,-* ' 5'4 I surnas.costar can I U .... p Let Ns s taol - ::• r 0 .... ' ,Vise 6.......... IQ• C. IAA :,7.• ,, ••• tri 3..--- ;,... % CallIkati I . . 7198 7198 trans A . • _ Ploolnionsige osinitees Sod i Maw Tat Mos Itsiirdis/Mg ass... ,';F k 1 dl rims • i'lf-1. . rape mug Ira Li 0 0 ribessmis _ _......:.......,, .,,, . ma th0 L Bien. we z.mins „ . 521,WS ISMS ---•-•-•-s— . in: 2` --- 1 "--1 vl I-A4117 anii) __.....„5„)A-1 Sth TWA 21. 00 3.spzeitst - . Man Olin __it-1Pa TOT.MTV.TAX . sg ILT.TS.A. L5L.S.L.L. Doi Tsua_leel DNS_ .,q ald Of APTorlhosset_ : .„k,. CS.d IS 5 jot ‘.41:' ' 1 ITA -IiIIH aq .• . - . .A Truman Ts .......... ..ir *.; .nro•r./.71 AMISS .. • )5.; ---.--- -1-24-s9:' romibildral 4,. ..• •.::-. Cetera Cal - Ilie pripaly amend by OS=Sir, .4 lb*OS . Seib liiii q C W b fir irlitiloprend by a ale orlii, :' ?cif Oility Onling IS. Li 4- , 1123‘.._rt IS_ Oen ---,, Gun wria, 1 0„a) if NIL set ipispielt isit dints ••••• psi deli Iniest:-' • t ar,i.. .• ani Papery Ta OuroiletAgal%Mt win 'a MS Olson lesideilS . Win illr.. . • 7./i` Atte taw to Absreit . `: • ,; Ogg Orem Ns 6.3 .1,s7.3P rr , :: rics ...._ _ matt mi narallIft . Ca_ Mote—— ache/5 a"Jet 44..e.: I fuer a is R&It 137 la',Agnes- eire754,Loz_ is. cisi ' o.s&-ridasi./ .-14/5#4:.,,, - i'.:i-c, ,:?.... A u14o6sce Msreter- ...1, RECORD' REIVRII TO . ..:. 1 fl Suffolk County Recording & Endorsement P . . e This pep fuss pot.0k.attached -1,, .r • so • • : •:1,cilt: 4fitey Al 'etas.0.v tie Tlittisidas*Si tinted S. suproactsuratt NEIVIORX. — TO In se Tovat fa ijittiniet b ..• . CV. Saws.° teaung. • Is die WAAGE ;if 444-Neee..„ AL.,......H s Sr HAMLET id qiirrn nee - • - `er- f,'i,,.+ �x�'� ':. .�,..L •P � .' : �,r, yy.,.�, r+ -1 .. wry . limemAS.FertommC • WNts DBBn, mode the LE day of September, 1993 a.rE Sanwa Barry H. Feldman, Esq. 27 Bowden Square Southampton, New York 1196a , referee ^' '..{. • ' duly appointed in the action hereinafter mentioned, grantor and 'e w(; Oopg}d.Wikliefl and Kathleen Williams. 761A Hamilton Avenue Y' Westhampton Beach, New York 11978 , grantee WIT1B86ES1, that the grantor, the referee appointed in an act: between THE DINS SAVINGS BANK of NEN YORK, FSB plaintiff, and CHARLES B. ALLEN, VALERIE ALLEN, ALFRED B. AVERELL PARTNERS LTD., and RIVEHNEAB BUILDING SUPPLY CORP. defendant, foreclosing a mortgage recorded on April 20, 1969 in the office of the County Clerk/city Register of the County of Suffolk in Liber 15061, page 196 in pursuance of a judgment dated April 7, 1993, and in consideration of $135,600.00 paid by the grantee, being the highest sum bid at the sale under said judgment does hereby grant and convey unto the grantee, ALL see schedule "A" attached hereto "`'' _ tilt- To WATT ASD TO TOLD the premises herein granted unto the grantee ----^' Donald Williams and Kathleen Williams and assigns forever. • pvt) Whenever the text hereof requires, the singular number as used herein shall include the pitral and all genders. . .>. Set 3N WSTNYS WBBSBON, the grantor has hereunto set his hand and 1-- seal, the date first above written. Alt L.S. if< H. Feldman. Es Referee oil • MIS OF NEW YORE ) ss.. ODONTY OF SWPFOLE ./ On the tY' day of September, 1993, before no came Barry H. Feldvan;Eto 'lei-known and known to me to be the individual • y4S x- described in, and who executed, the foregoing initruaeit, end :;•. acknowledged to me that he executed the same. I c2(tre . Pia- : Notary. public nn fs 4ornr q siygsy = SUFFm4e1 ca. 10 0 0 0 • eew 4 .:b tit_ ; )er r .-174Y.,F .r71e..;7'),f'1'-'16. -KT• P • 116478285 , TNN No. -.tk as SCHEDULE A • .` 632-S-3893 -:3, Ye ALL that certain plot, piece or parcel of land situate, lying and being at Hattituck. Town of Southold, County of Suffolk and S. te of New York, know as and by part of lots 8 6 I on a certain nap K' entitled, Nap of Shore Acres, situated at ifattituck• filed in the Office of the Clerk of the County of Suffolk on 1/3/1914 as • urs;' sap no. 41, said parts of lots when taken together es one parcel are sore particularly bounded and described as follows -'•{; BEQINNING at a point on the northerly aide of Bay view Avenue ' -',i T,, distant 310.84 feet easterly from the easterly end of a curve which connects the northerly side of Bay View Avenue with. the easterly side of North Drive; Thence north 1 degree 00 minutes 10 seconds west, 213.97 feet; Thence south 89 degrees 44 minutes east, 75.12 feet; Thence south 47 degree. 7 minutes east, 22.15 • feet; Thence south 1 degree 00 minutes 10 seconds east, 139.51 feet to the northerly side of Bay view Avenue; Thence south 98 s -< degrees 59 minutiae SO seconds west, along `:be northerly side of Bay View Avenue 120 fest to the point or place of BEGINNING. TOGSINNR Safe A 10 FOOT RIGHT OP Mt TO 104lIT8Ca mem. sesame: SOA is moo: Ines Almay or .O: Sigma to Ta ss'rIRs., ;,'"":TLS, :. MORTHsumRLY sIor RWQSES 10 AND TVS,.1 c 'fa'tag,. - `'.: '• YCt. • is p.Iey eels Seed vase eh spon.11 him the Mem ash*Mims ted hnpe.etdaw 0;04 4; the pude by bur ewtehste Md Noway. ' • �.p woo TOGEINEa with eh the spit,tide and lowest of the party dos ant peny,or.in and t the IoM 1y4 CeirtalriCINCIn the osteo,h hoot of tad ad ieg nid prem et. UJ, 0) 00 1U'01 lid JllIll icOJ UUVI ' -- - i • 18188 1RErlggoED I E I)d9� �g�s g 2OMENS 119NRf 3 V• 4a980C-4 PA T 53 Nacre(pins 3 AL ESTATE EOIfA, . ..;iig TORRENS DEC 04 1POS ;ft.ofSUFEOLN COUNTY saps a TMIISPER TAIL UMW Cantata I our . Priest(r 18188 Dad/�t1�banner Mommo Deed/Manage Tat Slump RI W Nag/Frog Steeps` 1 FEES - hp/Fire Fee 4 • MMnpgoAmt War* CS 1.Basic Tat • TP5114 —Xi-.— 2.Additional Ta • N0171mr A Sari= — EA-5217(Canny) ') Subtotal 411 .____ SPaJAasiL ��� er spa.MaEA-52s7(Stae) �• Rf3S.A. �? 04- r TOT.hitt TAX,/ Dal Toni __._Doll Cary^ I Ca al F4 —5.•10._. Hdd forApponiaaesa Affdavir _ ranks Tu 14:1f.--- 1 Gasified COPY :irt 'y)?-. ?Ardent= I awned Mlsls era isa Rao Copy Melba! will be'i'J das6og only. W by r ane et two frilly YES_m1E) War 69 . If NO,as amoAola log Nos as Page r GRAND TOTAL_ ! -` ofshk ills . j V , Reel fh_.9Tadonde Agwayym1RWi1a ry 1, 71US CasstPasgLsmne.11ss Diet Seed= Bract laa VeTthrireTi}k biatDC j 1000 IOle 00 mt.oo 031.000 co it ni Welt i lig 5 71JrNora "Eris FERMI,BY: �La(Grq + (nwlvtt, toss.. a::� Case pmwOd(�eC)EIF – 3 M 0.t 51-12.0- (orif ) L W. )c1/4.3(i.1 L,t p4 1 t 11 el(p NATAl 3 - 0SOW- d 7 (ADDRESS) TO 9 Suffolk Conty Recording& Endorsement Page Ibis page forms pan of ticanached Q.L1Cl male by (SPEChYMIS OPINSTRUMENT) lair sd je i- µ(rtii4- ore- Tae Inaba mem is skated in . SUFFOLK COUNTY.NEW YORK • TO bthe TMaaadiof .SOulfhoid t\a%"- PStaucl', e...I- In the VILLAGE on r� ay3 )} t..4.0 C . =HAMLET of BOXES snow 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY RIOR TO RECORDING OR FILM b 0S 08. 10:02 FAA alb/271929) ._ LO MO t,- —� Await ru�•rem-uw Nag eyaymwm T f01 tiro Ns,.aLt it:rat " Namwa .wwm awP/.,a.- Melina % II unreal ��yy COMM YOUR t int WON MGI PIG 1105 iNSttUattr-rids IISTIUMSIT 1110000VSU W VS T i kg '1nineteen bandad aa. /Inety.elght N j 51 \ made the �3 r�day of ��p7MItfOJ/U. ' 4i 4 BRIDGET MONTIPIORE t40* ealvi et- avent-aa N-i tt.+C.K. �Jy ; mii 1 patty of the tint pact.and f' ELAINE SENEDICPMa /TI L K, .t No 4*dr~HvIJ W Alxxi party of the meow'part ' ,, WITNESSETD,that the party of the finppa n snsideraten of Tea Dollen and other slab eWddaidiee ;y paid by the pony of the second part dos( nm and release unit the pity of the second pmt the hen1 or.*rayon aha sedges of the any of tSe., 4q rt forever. :1 ALL that certain plot, piece or:parcel.o6lae0. with the buildings and improvements thane netted. situate. `, lying.end Ming in 4410 , k .d All that amain plat pa pan or mldflid Yiesp hill .sad 5 araPaab Seems ratted.dmud,Eng mid bend Sy athr at M, k Toon of Semibold,Comet}it hi thanes wire York hews at end by,andMl'Ihabsn f tadJta , , a r Wan A Tan ofbaaMdtl.fluff.Coady.New Year rd mad •hnaie mapeud Chit sP 3.014-npNs.41wWhmid pytufW Hca Sae .a In the p&edtheCMhdtlha Co�7d/Itlla c.!`. . dhInelt, lMS l mgrtAeraone pard ere meat prtdmL9 . -2,,:.`k' , ., ggr,R1N1i1C et the nethaotarb coserof he penile be daWlad whish f7maaed on the wagers ate K W the �p0 afntaidmap '5 . 0,' . LO RUMa1NO 7'MENCE Sash f9 degree da deetf�rosedt VaRmrrOrMaSaWµate• iIy litMae otMtK 17A01 ,: :es ) Nene•poi. OV.� TRENCI the ffowleg two a)Carta and&tnm WoOghpet 44104:: pen M d paC " I 1) Smith degrees 16 Militia 00 merest Mee.7L77 few =rehlae .) )1n02) Smith 47 dgten 07sleatn W seconds Nest.'SJfl tree to a mat V ;i THENCE North W doyen flans W saeeM Mat:theattat L sdn tt a e Pah % i.y" THENCE Noone degrees lG edema M smeada EYt SS.flTat m the paint et plies IliMINNING. .,, Dj� Together *ha oeactehnive eaeeent d Pell tad K an m aedOas Staten derated pNnha seat IS set beth d la Piglet eit Way Eaahaa Apraaha staid Y Libor 11134 Pige ail 'S U th The grater e an se pe .*daurlhed a grantee to deed aad m edfiber gate Pap NIS .f peals herein shad mtestin at be tat aha as that*myths'1.liter lisle Page 353. . ti TOGETHER with all right. hills and inter st. if any. of dr party of the fia_t�srI is sad to any stats and 'i Has tbsaoft TO(7£[yIER with thea }h' rich the the above rights of he ttytofa'h b sea inner . 2 and are tw chats trod aewi the party of.1 first part pe and to said r sum m: and HAYS A TO patty .4. the premise herein meted ant.the pan? the reenact pert.the Mite or summon amino of the pant of 4. ' the second pet[ _. . __.. '-' . .. . .-; i ANL1,tte potty of the Gat part eeoeYYyyhhens that the Peep'of the first!aa hat not done or afiered anything whereby ;� die Aid premise*bare been er+diheM in ony reg wltateatT.swept as afotvait- d tit iia \ . AND the tt of the fitr a eaeph.net with Schoch 13 of the Lien Lar.coienanu that tit petty p 1 pan' masa lithe reef old the right to resile such icerdestiea I pen wN re:ave Ilhe eoneitS for n Her dna co[mpaet, ttr cost of the improreteak and wi l appty the same&saw'. the fast m M t e cos fat fo parpoa°before u deg any[ gM oreg .c• the word ret of tM haat he the d us del eat the caro kh tw bat+y Pre. TM word"tarty'y6dl M eeetewed m if it reed"porta"mrbntertr tM sena d b ittdehaa a ts9sra. t, a WITNESS WHEREOF,dee pant of the first pen has dol.seated this shed the day and year first above ,'th written. t (gSd'�/�ij��'�(p//�@��$^ Lit PRE/S/}aN�t//{hfaF: Vg�(N'E'g'-"I' / A 05.08;00 10:02 1A1. 51612198.1 141001). , ;. 1L4324,37ti " lIH%AO en STAY ae naw we.tl,oewtr or On u. w tartar day o f On the day of 19 ,Were ma On the day of Neitsul ar 19 98,before me '�{(y�Jc personally carne ,� personal dnaG Bridget Mortlliore d n t bd is end vho to me known to be the individual individual described mend who is inwvment. and admowledked list ir1 to me known to be 16eand seknonkdgd But executed die hoping executed theeed peisa instrument, executed the same. i she executed the ares. A. No uDBe Iran J.DENTE raft '! tis.Ot p ea6rot"mo. -1 51Aha M paw rasa.Cee*M w sin .TAT.0s saw WOOL t'OIMet W em On the day el 19 ,before v t .,? 19 .before me _ day el a mune scwq the fwe�wq veldt tomeme known.who. being by me duly nem, did depsee and whom I sulisenling ness ay diet er midst etsin N abnt..: duly ! say Out he reticles at No. ; sworn,did depose and say . that be i be that be knows i 01 the oerpeneen described a be ore ladiuldNl t. drat be eke ireoaeaal ...4 in and whish exacted said fe comrades; b seal triad described in and wbo a.easd the fvns s d ave ) tooows efts ad of afd It corporate what ha, rid substrate wins, wee nd h said by orderoof it melt terpotah sd:of std ora estate die tame; and that i.eh,said calms `. dun, and the board el than �keaarder. at the same One subeeribed h name a winless thereto. dun, that be signed b name tbado by iji i it t S sob Ink Blab DEMON 106 Ob i War Courant Aunts CuaioCe Ant II= Of,00 ttnc No. Y!f V I V t.1S tor 031.coo mums is Tomei Suffolk BRIDGET MONT[FIORE 5 TO ESTOP. EY YAW TO: 'Ja ELAINE BENEDICP Js— ? Calotz R3 rvlawlsr `{' cOesr Sudo fle.rud` NIt75G �i. .s. i . j a 3 t S 3• _ _ a • LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department . merger application): 21,400 s.f. loo ft. by 214 +- ft. • Date of first deed which created this lot: 9/11/53 Date of current deed to present owner: $/29/86 Owners' names of lot at current time: Robert N. D'Urso and Richard Overhule Date and name of subdivision (if any): Map of Shore Acres filed January 3, 1914 approx. 100 X 214 Size of remaining lot in the merger: s.f. Were there any building permits issued in the past for this lot: Yes _ No x If yes, please provide copy of former permit and map approved. Where there any County Health Department approvals in the past for either lot? Yes x No . If yes, please provide a copy. ac9—K''"" c'Y d Were they any vacant land Certificates of Occupancy requested in the past? Yes No X . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property in any way)? Yes _ No x . If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. X Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? None Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the abo e information is provided to the best of my knowledge. (Copies noted above are attach .) Dated: .May 8, 2000 Owne'r's Si nature Z8A5/17/99 By: Gary Flanner Olsen, as Attorney N' III III QUESTIONNAIRE FOR FILING WITH YOUR Z .S.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the. subject premises and a description of their interests: (Separate sheet may be attached. ) Robert N. D'Urso and Richard Overhule B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( x } Yes ( } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( } Yes ( x} No D. 1 . Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No , 3 . Is the property bulkheaded 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 Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? Nona If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? N If yes, please submit I copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I . Pleas list present use or operations conducted at this parcel V, cant:parcel and proposed/ Us / At Constructionsi a sinele family residence t 5/8/00 Auoriz Signature and Date Gary Flanner Olsen, as Attorney 3/87, 10/901k Alk • APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part; of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAME: Michael DeLuca by Gary Flanner Olsen as Attorney (Last name , first name , middle initial , unless you are applying in the name or someone else or other entity , such as a company . If so, indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: ( Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other X Waiver of Merger ( If "Other, " name the activity . ) 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 X If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her 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 ) ; a) the legal or beneficial owner of any interest in a noncorporate entity ( when the applicant is not a corporation ) ; C) an officer, director , partner , or employee of the applicant ; or D) the actual applicant . DESCRIPTION Or RELATIONSHIP j Submitted this '4 y of May PAC 2000 Signature /' ' Print name�Ga y F anner Olsen, as Attorney Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/09/00 Receipt#: 25306 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 25306 Total Paid: $150.00 Name: Deluca, Michael p1645 Bayview Avenue Mattituck, NY 11952 Clerk ID: LYNDAB Internal ID: 10194 EEL bW-66-986201. 1 !eoes wnljw pitgewoa _ 6066;Thr'L egg wood Sd U.S. Postal Service — ��e�f'�I' r i r r ° _ CERTIFIED MAIL RECEIPT "vas wa ,000),egwnN aloiptl z (DOMOSill M.1/1 011/1 Ni i ln9Ur-f,Ce Coverage Provided) m ; Artmlc Scnl To: m lammraisa Ir rn Postage era f AFFIDAVIT ° r • OF a ceniredPea= �UZ0eue�Ny Z56iT AN '3[3naia3sK MAILINGS (EndorsementsRequired) "ark •any A9TaLPg 53LT • JOf9k 9 smeTTTTM Knoll O Restricted Wei O (Endorsement Requite) 0 2000 `" :ol Passe 0 Total v j I PPtl alo.Utl l 0 Dames a seas ring 'Spwied Goads;I poi;an uo Jo jName pease Pnnr c�any)Ro ea ewe/At-art lar (,�:r - kap to Hoeg a44 04 pep s143 4oenV • Donald Aillbe �° Or oras R of plea e41=ell ueo GM Imp os a- srn r V tio.;-o ---------------------- dtjeen Williams `i oro sseippe pue aweu noc yuud is 1745 -- • - y k1_W Ave. Sep sl Nampo pepuise8 p e wall N- - ------ - o DSIV'E Nu' s NY 11952 Z'L swan alaldwo0 ■ ��fOfj 3xno.dwy iys� IiO3S SIH!3137dnoo :830NRS 2140 Delmar Dr. See Reverse for Instructions Laurel , New YorK, oeing ouryBworrirdepose and say,that: On the 9th day of June , 2000, 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 owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's pr perty. ( aA rC24,ceJ (Signs re) Sworn to before me this • 9tiday of IIe , 2000. State of New** G DAVID W.O SEN ��� c____—__ �No. 020L802097 (Notary Public) Qualified in Suffolk c Oana nMsion Expires/Arch 1111.S 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. . • GARY FLANNER OLSEN ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND. NEW YORK 11935 • PHONE 631-734-7666 FAX 631-734-7712 June 9, 2000 Re : DeLuca - Waiver of Merger Our File 6.998 Dear Mr. and Mrs . Williams : Please be advised that I represent Robert N. Durso in connection with a Waiver of Merger application . Pursuant to the requirements of the Zoning Board of Appeals I am sending you a copy of the Notice of Public Hearing Scheduled for Thursday, July 6, 2000 . If you have any questions concerning this matter you can contact my office or the office of the Zoning Board of Appeals (765-1809) . Very truly yours, GARY FLANNER OLSEN GFO: lmk Enclosure Donald Williams and Kathleen Williams 1745 Bayview Avenue Mattituck, NY 11952 ' I. _al Service t • CERTIFIED MAIL RECEIPT 7 (Domestic Mail Only;No Insurance Coveraovided) c Article Sent To: / T a- DEALS rn Postage J YORK cr- c X -n Certified Feean i Return Receipt Fee rO !5 \ Ovhuls AFFIDAVIT r. i72N, ,� MAILINGS CI O STOW Postage 8 Fees 6 - 33t!, �r �rJGr�rI ' 6 - 35 • m Nerne(Phase Print Clearly)(to be completed by mailer) .eend Mrs. Donald Williams ---------------X Irc tri `ocyviewi'Ave. o Qty,Slate,DAN ry eee • Seo Ho arse far Instruction . I, Lorraine Klopfer residing at 2140 Delmar Dr. Laurel , New York, being duly sworn, depose and say that: On the 22 day of Cuntehogue , 2000, I personally mailed at the United States Post Office in , 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 ( ) 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. (Si.(111 ature) Sworn to before me this 22 day of an , 2000. DAVID w.OLSEN (Notary Public) Notary Public,State of Newib* No. 020L6020974 Qualified in Suffolk County Commission Expires March ii.20 v i __ 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. • • NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,July 4 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY. Arty-6,2000 at the time noted below (or as soon thereafter is possible): 6:50 p.m. Appl..No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners). and MICHAEL DELUCA (Contract Vendee). This is a request for a Lot Waiver as provided under Article II, Section 100- 26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 19, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road • Southold, NY 11971 • • • • • GARY PLANNER OLSEN ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 631-734-7666 FAX 631-734-7712 June 22, 2000 Re: DeLuca - Waiver of Merger Our File 6998 Dear Mr . and Mrs . Williams : Please be advised that I represent Robert N. Durso, Richard Overhuls and Michael DeLuca in connection with a Waiver of Merger Application . Pursuant to the requirements of the Zoning Board of Appeals I am sending you a copy of the Notice of Public Hearing scheduled for July 6, 2000, copy of Tax Map and Survey prepared by John Ehlers showing proposed construction. Very truly yours, GARY FLANNER OLSEN GFO: lmk Enclosures Mr . and Mrs . Donald Williams 1745 Bayview Ave . Mattituck, NY 11952 APPEALS BOARD MEMBERS ••I g�FFtl(,: .'•c $ COG • Southold Town Hall • Gerard P. Goehringer, Chairman y�: 53095 Main Road James Dinizio, Jr. y Z P.O. Box 1179 Lydia A. Tortora �+' Southold, New York 11971 Lora S. Collins °�'1 p����/, ZBA Fax (631) 765-9064 George Horning ' C1og-sr `� • Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 16, 2000 Gary Flanner Olsen, Esq. David Worthington Olsen, Esq. Main Road, P.O. Box 706 Cutchogue, NY 11935 Re: Appl. No. 4828 - D'Urso and others (Lot Waiver to Unmerge) Gentlemen: This will confirm that the public hearing regarding the above matter has been recessed with a new date of July 6, 2000, commencing about 7:10 p.m. Please furnish the Affidavit of Mailing for the adjacent property owner's Notice of Hearing. Thank you. Sincerely yours, Linda Kowalski 4111 11 ZONING Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L.No.23-1995; amended 7-22-1997 by L.L.No.22-1997] Lot Size (square Width Depth Date of Lot Creation feet) (feet) (feet) Prior to April 9, 1957 Any Any Any Between April 9, 1957, and December 1, 1971 A Residential Zone 12,500 100 Any t- B and B-1 Business Zone 7,500 50 Any B-2 Business Zone 40,000 50 Any Multiple-Residence Zone 12,500 100 Any C Industrial Zone 12,500 100 Any Between December 2, 1971, and June 30, 1983 A Residential Zone 40,000 135 175 M Light Multiple Residence 40,000 135 Any M-1 Multiple Residence 80,000 200 Any Zone B-Light Business Zone 20,000 60 Any B-1 General Business Zone 30,000 150 Any C-Light Industrial Zone 40,000 200 Any C-1 Heavy Industrial Zone 200,00 300 Any : .. s-10-97 ) • FOR BOARD AND STAFF USE na.B Updated New Information S NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 8, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 8, 2000 at the time noted below (or as soon thereafter is possible): 6:50 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee). This is a request fora Lot Waiver as provided under Article II, Section 100- 26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 19, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 : • S7:35PINLo. 8OL3E` OUp R— M . . . . :::..c!° ,ItWIDctle _. INC ( ued from prior hearing calendars.), Proposed canopy with NOTICE OF I request for variance on front yard PUBLIC HEARINGS I setbackagdaddttmn to boliding with NI POHOLDTOWN insuffictentw„regr,y,ardi setback at STATE OF NEW YORK) BOARD OF APPEALS I 496161"4/134.(and Bayv4ew Rd.), THURSDAY,JULY 612000 j.Southold 1000.70.7-4 . .- ) )SS: NOTICE IS'}1 EBY_:GIVEN ' .740 pm Appi No. 4836 — C�UNTYOFS/U/FF9LK) pursuant to Section 267 of the Town ' VIVLSNKOCH.Thisisarequestfor ea,i P. WI //. 0 of Mattituck, in said Law and Chapter 100 (Zoning), an Interpretation of the Zoning Cede Section 100-13,Melding the COUnty,being duly sworn,says that he/she is Principal Code of the Town of Southold,the following applications will be held set (s)referred to in the Building clerk of THE SUFFOLK TIMES, a weekly newspaper, for public hearings by the Department's May 9,2000 Notice of published at Mattituck, in the Town of Southold, SOUTHOLD TOWN BOARD OF Disapproval,amended-June 9,2000. APPEALS at the Town Hall,53095. The June 9,2000 Amended Notice of- County of Suffolk and State of New York, and that the Main Road, Southold, New York - Disapproval; reads as follows: Notice of which the annexed is a printed copy, has 11971, on T$UBSDAY, JULY,6, ,Proposed(dwelling)construction on "2000 at the.times noted below(oras- ntmconforming lot.not permitted been regularly pul lished in said Newspaper once soon thereafter as possible): pursuant to Article XXIV,.Section each week for / weeks successively, 6:30 p,m.Apel.No.4829,—DR. 100.244E which'requires a madman ANTHONY PELUSO.-Proposed 'front yard setback of 40 feet.subject commencing on the �n d day garage addition with insufficient side lot has right-of-way across of 20 /2(•) yard.settiack at 185 Inlet Drive, `on easterly boundaryPr°pe_ 1 Ur)-Q Green rL - granting front , een6:35 ° 'yard on that frontage. Setback�q. (((��� A ' A p.m Apel No. 4$35 — feet frontage:proposed at 12 ay, \ ,�/rincipal ' lid ' ' I, WILLIAM F. and GLORIA feet from boundary of rightofWay, rfvt�', i��I��d Nv�o BERTODATTI Contract Vendees - 20 feet from property line,Location Clerk (lin'pq Corp)This is a request fora of Property: 675 Summit Drive, is a request for a Variance under Article Maddock; 1000406-147. Sworn to before me this 27-a Section 100-244B, base :oJn the 7:50 p.m. AppL No. 4818 -- G Building Department's May 12,2000 MESKOURIS.This day of -3-7.4.4,-c20a0 Notice of Disapproval. The reason Variance based,gn quo! 9,.2000 that the application for a building Amended Notice ofaDitapproval permit for a one-family dwelling was which reads as.follows; Proposed disapproved is that the proposed. (dwelling)eonstrection On non-con- 00W8Jit1AT.1MIEBFA structure is located at 20 feet with a 'forming lot not permitted pursuant Notary Putt Obis c fSYa k feet in.the rear,and to Article,XXIV,.Section 300.244B Mx 01WEIONS cantilever and 18 the Code-requires a'inlnimum rear '•w requires a minimum front yard Commission E M Btllok yard of 3Sfeet on this 11,107*sq ft. ' setback of 40 feet, subject lot has MIM ps4mlarm i9,2(�01 lot.Location of..Property 1510 East . .rightof-way acrnyptoperty on east ei n K- & T. , ,n t „ r 1000.383.25,_f , ,, . - that, frontage, Setback on that 6A0 p.tWJ4Ppl, No 4838 — fimtage proposed. at 12 lila feet EDWARD SIDOR.This is a request 'from boundary of right-of-way, 20 for 'a Variance under'Article HI, 1, feet from,property line.Location of Section 100.33;based on the Building i Property:' .675 `Summit Drive, Department's June 9,2000 Notice of Mattituck;Parcel 1000.106.1-47. Disapproval.The reason that apply The Board of Appeals will at the cant's request for a building permit above time and place hear all persons, was disapproved is that the subject ' or their representative desiring to be lot has two front yards,and the pro- - heard or to submit written state- posed accessory structure is located ments (before this hearing is con- iwithin the,fryard on the eastern eluded). The hearing will not start 2tde, of the lot, ocatigp of Property; earlier than designated. Files are 00 Conklin Road, Mattituck, NY; available for review during regular. Parcel 1000-139.4.12.2.' Town.Hall business hours(8-4 p.m.).. 6:50 p.m. Appl. No. 4837 — If you have questions,please do not HARRY.'CASHY and MARIA hesitate to call(631)785-1809. MISTHOS.This is a request for a Dated:June 16,2000., VarianceArticle XXIII,Section 100- SOUTHOLD TOWN. 1239.4(1) based- on 1 the Building BOARD OF APPEALS Department's May 2,2000 Notice of • Town Hall 'Disapproval. The reason stated for 53095 Main Road the disapproval is that the accessory Southold,NY 11971 in-ground swimmingpool and hot 1367-1TJu22 tub are o -. --- r _.-- ---- ---- P pgsed;at less than 100 feet from thetop ofthe bluff or bank of the.Long IslandSound.Location of I Property: 1900 :Hyatt. Road, Southold;Parcel 1000-50-1-3. 7:00 p.m gtkpl.No.4833—JOHN aod.HELEN BERDINIftt. request for Variance'basedo n the a C:Buiiding Department's March 28, 2000 Notice of Disapproval.The rea- son stated for the disapproval is that 'under Article.III-A,s4eetipn,100- !.,30A.4,the Bulkt$chedule'requres a minimum lot size of 40,000 sq.ft.in this R-40 Residential Zone District ' and that the proposed lot line change creates a lot with a greater degree of non-conformity. Location of Property: 1260 and 1330 ;Factory Avenue,Mattituek;Parcel Not 1000-. 142-1-7&8. 7:10 p.m. Appl: No. 4828 — •ROBERT D'URSO and RICHARD OVERHULS (Owners), and 4NICHAEL DELUCA (Contract Vendee),This'-is-a request for Lot 1 ;Waiver as provided under Article II, Section 100-2k to unmerge Lot 1000- 106-6.35 from 1000-106-6-34, On May 8,2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code, 1 Location of Property: 1645 Bayview ' Avenue,Part of Lots H& I on the Map of Shores Acres,Mauituck,Ny 7:30'p.m. Appl. No. 4826 — WALLIAM.men'HI.(Continued from June 8,2000,hearing calendar,) Proposed building greater than 60 ft. wide along CR.48,Southold;Parcel ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Robert D'urso and Richard Overhuls AFFIDAVIT and Michael DeLuca OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 106 - 6 - 34 1Q9S1=�4fL=---�--=-3"5--------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Gary Flanner Olsen residing at 660 Oakwood Drive, Southold , New York, being duly sworn, depose and say that: On the 31st day of May , 2000, 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 remain:4, 4 place for seven days prior to the date of the subject hearing date, white, eg• _ - . as shown to be `Signature) Sworn to before me this 31st day of May , 2000 . / AI Lifted. - -�� '� LORRAINE KLOPFER `" • Public,State of New Yak (Notary P *tic No.4828373 Qualified in Suffolk County Commission Expires Nov.30, *near the entrance or driveway entrance of my property, as the area most visible to passersby. H • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of ggfc�� AFFIDAVIT Robert Danrd icaRaael DeLucaOverhuls OF (Name of Applicants) MAILINGS CTM Parcel #1000- 106 - 6 - 34 61000- 106 = 6 = 35 _—x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lorraine Rlopfer residing at 2140 Delmar Dr., Laurel, , New York, being duly sworn, depose and say that: On the 24 day of may , 2000, 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 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. l (Signat re) Sworn to before me this 24th day May , 2000. DAVID W.OLSEt4. NolnPublic.State of New Wilk No. 0201.6020974 auditedn Suffolk (Notary Public) Expires Marchearla., 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. NAME AND ADDRESS TAX MAP NO. Steven and Kim Sweeney 1000-106-6-33 190 North Rd. Mattituck, NY 11952 Alfred D. Richards II & 1000-106-6-36. 2 Marjorie L. Richards Box 117 Rt 48 Mattituck, NY 11952 Marjorie L . Richards 1000-106-6-31 Box 117 Mattituck, NY 11952 Howard L. Wells & wf 1000-106-11-17 1860 Bayview Ave . P. 0. Box 835 Mattituck, NY 11952 • • NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 8, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY. JUNE 8, 2000 at the time noted below(or as soon thereafter is possible): 6:50 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee). This is a request fora Lot Waiver as provided under Article II, Section 100- 26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 19, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road • Southold, NY 11971 U.S. Postal Service • C flTIFIED MAIL RECEIP', (Domestic Mail Only;No Insurance Coverage,Provided) m Article,sem To. —131 Postage Ar 0 � *0�� „p Certified Fee nil It 0 a Returnrlsy emReceipt Fee i�yl�Post c (Endorsement ce7 0 Restricted Delivery Fee nI✓ _i. ,:+U 7E, LONG ISLAND, NEW YORK 11935 • PHONE 631-734-7666 CI (Endorsement Required) FAX 631-734-7712 Total Postage&Fees rani m Name(Please Print Clearly)(to be completed by mailer) Hnward.LWe.•-.. 11a 6 wf sief bNeBaPO Box"' Ave. P. 0. Boa 835 May 26, 2000 ate a atttiuek, NY 11952 li rsir,-n.3899 �,„ysyg Re: D' urso and Overhuls - _eeR.ierseforhictructions i (DeLuca) Waiver of Merger Our File # 6998 Dear Linda : Enclosed please find the Affidavit of Mailings along with the Certified Mail Receipts . Very truly yours, Y 'LAI. ER OLS ` Z GFO: lmk ✓ Enclosures Southold Town Zoning Board of Appeals Attn: Linda Main Road . Too Southold, NY 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Plea -PrflN�19arj{ B. Dat-of D livery item 4 if Restricted Delivery is desired. C • ,ryo • Print your name and address on the reverse Y Q — so that we can return the card to you. C. Signature • Attach this card to the back of the mailpiece, X 77 f • A. nt or on the front if space permits. ( "y' ' , y • .dressee • D. Is delivery address different . ---Z': • Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Howard L. Wells & Wf 1860 Bayview Ave. P. 0. Box 835 Mattituck, NY 11952 3. Service Type ❑Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchand ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes _ I 2. Article Number(Copy from service label) • 7099 3400 0004 6939 9639 PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 Tr- 4 'i have been held in nommon owner- ship' wner- A e e property'.Sray STATE OF NEWY NOTICE OF Avenue f einaperty'i k. ra PUBLIC HEARING . 7;15 p.m. ppL Na 4831—DOU- SS: SOUTHOLD TOWN GLAS and JANE DEY. This is a' COUNTY OF SUFE L� BOARD OF APPEALS request fora Variance under:Article 1 \'�, THURSDAY,JUNE g 21J00 IIi; Section 100-33 based-:on the' �)1LCA..1� �" 1 )'( of Mattituck, in said NOTICE.IS HERESY GIVEN; ` Building Inspector's May 12; 2000 county,being duly sworn,says that he/she is Principal pursuant to Section 267 of the Town Noticoof Disapproval for the`reason clerk of THE SUFFOLK TIMES a weeklynewspaper, Law 'and Chapter 100.(Zoning), that the proposed accessory_„in- r Code of the Town of Southold,the 1 ground pool and pool house-'are published at Mattituck, in the Town of Southold, following,applications Will be held ;.located within front,yard on Ship's County of Suffolk and State of New York, and that the for - public hearings by the ;Drive frontage instead'."of the' SOUTHOLD”TOWN BOARD OF required_reef"_yard.•'d.ncation of Notice of which the annexed is a printed copy, has APPEALS at the Town Hall,53095 Property:4745.North BayviexiRoad,... been regularly published in said Newspaper once Main Road, Southold, new York Southold,NY;Parcel 10Q049-344.1: 11971, on THURSDAY,.JUNE 8, 7:20, p.m. Appl. No. :4826 -- each week for weeks SUCcessively, 2000 at the time noted below,(or as WILLIAM A.PENNY Wit a commencing on the ,JS 11'` day soon thereafter as possible): request fora Variance under.•Article of �(1' aA 2000 6:30-p.m. Appl. No. 4820 — X, Section 100-103C based onThe (- DOLORES PRINCIPI. This is an Building Inspector's Januarys4.2000 , application under Article XXIX, , Notice of Disapproval forthee tenon 73frrincipal QUO-�'�Section 100.239.4A and"submitted that the proposed new storage build-pursuant to Conditions set forth gin this B-General Businesa•Zooe Clerking under• ZBA Appeal No.- 4225. District will have more than ait0.y., Appeal Na 4225 was denied on May .-(60) linear fL'.of frontage tin one., •1�'�L�, 4,1994,with an exception for-tempo.:--street, Location of Property-45450 45450 Sworn to before me this C7l rary placement of the existing cot -CR.48,Somhold Parcel 1000-55-5-- day of N/tP 20 00 tage without expansion or enlarge. 2.2. mentfnralimitedperiod ofuptofive 730, pm:Appl -Na 4832 — years in�a location less than 100 feet JAMES.SLECRMAN. This is'a dR81YU1•WEER from the Long Island Sound bluff. :request for a Variance*under}Article NW/Putt SlabdNwYolk Applicant is requesting approval by XXIV, Section 100-24413 based on No.01MIF0034554 the Board of Appeals for issuance of the Building Inspector's May 2000 MI*Cory a Certificate of Occupancy as exists Notice of Disapproval winch states �y s Dern 13,aDD in its present location. Location of that the as-built deck addition,does ehtishA0,, Property: Lot No. 2, Map of Blue not conform to the required front i e., L r Horizons,4660.Blue Horizons Bluffs, yard setback of 35 ft. minimum. Peconic;Parcel 1000-74-01-35.52. location of Property:375 Oak Drive, 6:40 p.m.Appl.No.4823—LEE Southold•"Parcel.1900-77-2-12,..;:.. and MARIE BENINATI. This is a 7:40 p.m.Continued hearing:A& request for a Special Exception S SOUTHOLD OIL"CORP. (with under Article III, Section 100- E.M. & 'E Inc.). Property Location: 31B(14)for renting of rooms in the 49670 Main Road, Southold; 1000- owner-occupied dwelling for lodging 70-7-4. and serving of breakfast to casual and 7:55 p.m. Appl. No. 4821 -- transient roomers.The proposed Bed ELAINE ROMAGNOW-.This is a and Breakfast isan accessory use request for a Variance;under Article incidental and subordinate to the XXIV, Section 100-2424 basedon principal use by the owner-residents 'the Building Inspector's May.9,2000 of the dwelling. Location of Notice of Disapproval which states Property: -3070 Peconic Lane, that the addition to dwelling,has an Peconic,NY;Parcel 1000-74-3-15. existing nonconforming lot.coverage 8:45 p.m.Appl.No,4829—DR. and an increase in the nonconfor- ANTHONY and WILHELMINA- mance or degree of nonconformance PELUSO. This is a request for a is being, created: •Location of Variance under. Article);.XXIV, Property;:1230 First'Street, New ,,Section 10-244B based, on. the -Suffolk;Parcel.1000.117.7-29." `Building Inspector's April 21 2000 '8:10 p.m.Appl.No.4830—BEN. Notice of Disapproval for the reason ' NETT IIESS.This is a requestfor a that the proposed garage.,addition . -;Variance-under Arad&i)X1V,. will not meet-the,code requirement•. Section 100.244E based on :the for a ten (10) ft. side yard setback: Building Inspector's May 9,'2000 Location of :Property: 185 Inlet Notice of Disapproval which states Drive, Greenport,Parcel 1000-43-4- that the proposed dwelling construe- 37. tion will not have a front yard set- ' 6:50 p.m Appl. No. 4828. — ". :back of 35 feet on North Oakwood ROBERT D'URSO and RICHARD frontage. Location of Property: OVERHULS (Owners), '. and Corner'of.PóconicBay Boulevard MICHAEL DELUCA (Contract -. ,sadNorth Oakwood Road, Laurel Vendee).This is a request for a Lot Parcel 1000-145-1-5.... Waiver as provided under Article II,_ 8:15'p.m. (Continued;hearing: Section 100-26 to unmerge.Lot 1000- from May 4,2000);.Appl.No.4818— 106.6-35 from 1000-106-6-34:-Qn CHRIS MESKOURIs;,& ORS. r May&2000 a Notice of Disapproval. Property Location: 675 Summit i was issued stating that[Pt 34 merged . Drive-Mattituek,=,NY:Tarcel;1000 with-adjacent'lot 35 pursuant to 108.1-47. r Section 100-25A of the Zoning Code. The Board.of Appeals willat the Location of Property 1645 Bayview,,,,t,above.timean4111•y r,C4l Perron Avenue,.Part.of Lots H& 1 on the or their representative4esiriog to be Map of Shores Acres Mattituck,NY. - heard-orto submit 'wiittenistate- 7:00 p.m. Appl. No. 4825 — ments(before thehearing is concJud STEPHEN TESTA.This is a request ed).The hearingswill not start earn XX for a Variance under Article IV, er than desiptate,420es are avail-. Section 100-242A based on the ` able for review;during regular Town Building Inspector's May 2, 2000 Hall business hours(8-4 p.m.).If you Notice of Disapproval for the reason have questions, please do not-besi- ttat the ' proposed addition to tate to call(631)765-1809., dwelling will increase the degree of Dated:May 19;2000. side yard nonconformance. The By Orderof the existing side yard is nonconforming ' SOUTHOLD TOWN at 13.7 feet on one side,and the code _ BOARD OF APPEALS requirement is 20 ft minimum.The `' Gerard P.Goehringer, existing side yards combined are Chairman. nonconforming at 213 feet,and the ' 53095 Main Road j-code requirement for both sides cpm- Southold,NY 11971 bined is 35 feet. Location of 1332-ITMc25____.____ Property: 545 Reeve Avenue, Mattituck;Parcel 1000-114-9-9. 7:05 p.m.Appl.No.4827—VIN- CENT MANGIAMELE. This is a request for a Lot Waiver under Section 100-26 of the Zoning Code to unmerge Lot 1000-126-7-3 from Lot 1000-126-7-31.Applicant's request to build on Lot 3 was"disapproved on January 25,2000 under Section 100- 25A fbr the reason that Lots 3 and 31 ROBERT D'URSO & ano . 1000- 106 -6 - 35 and 34 WAIVER TO UNMERGE LOTS JUNE 8TH - 6 : 50P .M. • OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (ph) Fax 765-1823 or 765-9064 May 19, 2000 Re: Chapter 58 -Public Notice Requirement June 8, 2000 Dear Applicant: Please find enclosed a copy of the Legal Notice describing your application. This Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal Notice of your application and hearing date must now be mailed with a map or property sketch showing the request showing the new location of the area being considered. On or before Friday, May 2e, please send the enclosed Notice Certified Mail, Return Receipt Requested, as soon as possible, with a copy of the project map showing the setbacks or request being considered, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses listed on the current assessment records in the Town Assessors' Office (765-1937) or Suffolk County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please complete your Affidavit of Mailing (copy enclosed) with parcel numbers for each lot, and return it to us with the white receipts postmarked by the post office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. A sign is also necessary for posting at the property by you not later than Wednesday, 5/31/00, and therefore must be picked up by you or your representative some time between now and May 31" between 8 and 4 p.m. The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is enclosed for that front yard.) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for our permanent file. When convenience, please also return the sign to us. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 fax (631) 765-9064 ray. 73q 77/2. August 29, 1999 Re: Chapter 58 — Public Notice for Thursday, September 14, 2000 Hearing /6 /-6„a6 Dear up ir r . Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL RETURN RECEIPT REQUESTED, within five (5) days from the date hereof, enclosing a copy of the "project map" to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing with the postmarked receipts to us by September 8th. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. Please pick up and post the Town's official poster/sign no later than 9/6/00. Securely place the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is endosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Staff Enclosures •• TRANSMISSION RESULT REPORT (AUG 28 '00 02:25PM) SOU TOWN HALL 516 765 1823 (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. AUG 28 02:23PM 516 734 7712 01'30" OK ES 04 005 E)ECM >)REDUCTION S)STANDARD II/MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING �' • II ZONING BOARD OF APPEALS TOWN OF SOUTHOLO_NEW YORK J `x In the Matter of the Application of AFFIDAVIT Robert D'Urso and Richard Overhuls OF and Michael DeLuca MAILINGSO Name of Applicants) ( 34 CTM Parcel #1000- 106 - • - 35_x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lorraine Klopfer residing at 2140 Delmar Dr. Laurel, , New York, being duly sworn, depose and say that: On the 5th day of September , 2000, I personally mailed at the Cutchogue , New York, by CERTIFIED United States Post Office in MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the c Trent r nt assessment roil verified from the official records on file with the ( ) for every ( ) County Real Property Office property which abuts and is acrosscapublic prorp private street, or vehicular right-of- way of record, surrounding the app)' //-A-L,7 /2/4/-181&—jb 77/i (Sign re Sworn to before me this • 5th day 0 • .tember 2000. DAVID W.OLSEN / frLi ( Sloan PublState of ic, puslHfed in Suffolk h 8031 ) (Notary Public) ean2sb" f°s MB" a ".(. 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. _ • 410 NAME AND ADDRESS TAX MAP NO. Steven and Kim Sweeney 1000-106-6-33 190 North Rd. Mattituck, NY 11952 Alfred D. Richards II & 1000-106-6-36. 2 Marjorie L. Richards Box 117 Rt 48 Mattituck, NY 11952 Marjorie L. Richards 1000-106-6-31 Box 117 Mattituck, NY 11952 Howard L. Wells & wf 1000-106-11-17 1860 Bayview Ave . P. O. Box 835 Mattituck, NY 11952 Mr. and Mrs. Donald Williams 1000-106-6-35 1745 Bayview Ave. Mattituck, NY 11952 f SEND U.S. Postal Service ON CERTIFIED MAIL RECEIPT • Con ,(Domestic Mail Only;No Insurance Coverage Provided) ) % iterr it • Prir raiArticle Sent To: t.:4) S1 co ■ Atli ea c or Postage it from Item 1. Arti rrl frees below: "740 Certified Fee —0 1111W/1111 Postmark Ho' Return R RepFee Here (Entl ntequ e 18p p Restricted Delivery Fee P . p (Endorsement Required) Ma 0 Total Postage&Fees - MM f l Name pease Pont Clearly)(to be completed by mailed htllm •I = Howard L. Wells & Wf. ,p \ IErStreet,Apt.No.;or PO Box No. l' l rr 1860 Bayview Ave. P. 0. Box 835 Feel ;�"•31M ai 2 A, Rth!`ri€uck, NY 11952 �P 7( ,; PS Form 3000,July 1999 See Reverse for Instructions PS Form 3811,July 1999• Domestic•)urn '-=•_- ... . ' .�1 , . RUG 28 '00 02:25PM SOUTHOLD TOWN HALL 516 765 1823 P.4 • . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Robert D'Urso and Richard Overhuls AFFIDAVITOF SIGN and Michael DeLuca POSTING (Name of Applicant) Regarding Posting of Sign upon � • t6 aan 's Land Identifi d as COUNTY OF SUFFOLK) STATE OF NEW YORK) Gary Flanner Olsen residing at 660 Oakwood Drive, Southold , New York, being duly sworn, depose and say that: On the 5 day of September , 2000, 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(1 a -t or closer from the street or right-of-way (driveway entrance) -facing ti° str= - or facing each street or right-of-way entrance;* and that i I hereby confirm that the Poster has remai ,!in • --- for seven days prior to the date of the subject hearing date, whit d: s shown to be AgAgir .nature) Sworn to before me this • 13 day of Sept. , 2000 . LORRAINE KLOPfER • Notary Public.State of New Yak _4:rdw No.4828373 Oualifled In Suffolk County (Notary P •lio) commission Expires Noy.30.1 OI do *near the entrance or driveway entrance of my property, as the area most visible to passersby. • • GARY FLANNER OLSEN ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 631-734-7666 FAX 631-734-7712 September 13, 2000 Re : DeLuca - Waiver of Merger Our File # 6998 Dear Linda : Enclosed herewith please find the following: 1 . Affidavit of Mailings . 2 . Post Office Certified Mail Receipts an* gre_n cards . 3 . Affidavit of Posting. Very tru y yours, -417/2-AR FLAMER OLSEN GFO: lmk Enclosures Southold Town Zoning Board of Appeals Attn: Linda Town Hall - Main Road Southold, NY 11971 • • fi.' 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