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HomeMy WebLinkAbout6603 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809° Fax (631) 765-9064 ~- ~_.~:/3 ~ FINDINGS, DELIBERATIONS AND DETERMINATION ~?~ MEETING OF DECEMBER 6, 2012 $outhold Town Clerk ZBA Application No.: 6603 Applicants/Owners: Joseph M. Melly SCTM# 1000-104-2-24&23 Property Location: 1375 & 1475 Sterling Road (comer Horton Road) Cutchogue, NY. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 14, 506 square feet (SCTM1000-104-2-24) from an adjacent land area of 17, 424 square feet (SCTM 1000-104-2-23), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10(A), determining the properties have been merged. ADDITIONAL INFORMATION: The applicant was granted a waiver of merger under Zoning Board determination #4508 dated October 9, 1997. However, the properties have become re- merged due to estate planning. FIND1NGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1, 2012, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged consequent to estate planning by the owners. There have been no transfers of ownership outside the family since the time merger was effected. Pursuant to §280-11, the Zoning Board finds that (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because it is one of the lots on a filed map titled "Map of Nassau Farms, situate at Peconic, Suffolk County, New York", dated January 31, 1935 and filed in the Suffolk Page 2 of 2- December 6, 2012 ZBA File#6603- Melly CTM: 1000- 104-2-23&24 County Clerk's Office, March 28, 1935 as map number 1179, which are mostly of similar size and shape. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because the improved lot was purchased in 1959 and the vacant lot was purchased in 1970 and have remained in the same family. A notarized title search dated September 24, 2012 shows that both lots were transferred from father (Joseph J. Melly) to son (Joseph M. Melly) subject to a life estate of the father in 2010, for estate planning purposes, thereby effectuating the re-merger. By physical inspection, the lot consists of mature trees and there is no evidence of any structural improvements to the vacant parcel. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because any dwelling that could be constructed on the unimproved lot would be small and in keeping with the neighborhood homes due to current zoning regulations. In addition, the neighborhood is almost built out and the vacant lot is one of the few that remains unimproved. The topography of the vacant parcel is relatively level. It appears that the lot would not require any fill or contour changes. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Homing, seconded by Member Goehringer, and duly carried to GRANT, the waiver of merger as applied for and shown on the survey dated August 20, 2012 prepared by John T. Metzger, LLS with the following condition: Proof that waiver of merger is effected by way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as SCTM# 1000~ 104-2-24 be provided to the ZBA within two (2) years of the date of this decision Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio. Schneider and Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing/~ /// /2012 ?1o ~o~ N85'46'00"£ 123.41' CHAtNLtNK FENCE F/o \ AR~A= 14,50~ ~ ~ N MONUMENT LOT (#'~) REFER TO "MAP OF NASSAU FARMS" FILED ON MARCH 28, 19J5 AS FILE NO, 1179 N85'4.6'OO'E 116.16' 1000-104-OE-R3 AREA= 17,424 SO. ~ 11.1' FLAGSTONE PATIO STORY FRAME HOUSE S85'46'00"W 70.00' ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECtiON 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEt~EON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE S/GNA lURE APPEARS HEREON. FE, COR. 0.2'N. CP.o PlO ~0~ (¢) S85'4-6'00"W STERLING 0.2E. .~ ~0~ -4 ?/0 r~ 53.4' r~ WELL o 116.16' ROAD FE.O.5'E. SURVEY OF PROPERTY AT CUTCHOG UE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. K 1000-I04-0~-~3 & 24 $C~ [,E' F-- 30' AUGUST 20, 2012 I~' ~,, ~,L MAP iREVIEWED BY ZBA i ,~,/.,2~.~/ ~ RECEIVED ~ ~ t JL.:~,:; ,~ / BOARD OF APpE~CONIC ~EYORS, P.C. (~) z~5-5o2o FAX (~) P.O. BOX 909 12~0 TNAVELER STREET sou~,O~D, ~.x ~ 12--223 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED BOARD OF APPEALS DATE: June 14, 2012 Updated: September 10, 2012 TO: Joseph Melly 2390 Pine Tree Road Cutchogue, NY 11935 Please take notice that your application dated June 12, 2012 For merger determination at: Location of property: 1375 Sterling Road Cutchogue, NY County Tax Map No. 1000 - Section 104 Block 2 Lot 24 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adiacent lot to the east (SCTM # 1000-104-02-23) pursuant to Article II Section 280-10(A), which states; "Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lit 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 rift,/(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature Note: A merger waiver was granted 10/9/97 under decision #4508. CC: file, Z.B.A. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~CT 0 ~ 20~2 BOARD OF APPEALS TO: Joseph Melly 2390 Pine Tree Road Cutchogue, NY 11935 Date: June 14, 2012 Please take notice that your application dated June 12, 2012 For a merger determination at Location of property 1375 Sterling Road, Cutchogue, NY Tax Map No. 1000- Section 104 Block 2 Lot 24 Is returned herewith and disapproved on the following grounds: The subject lot has merged with the adjacent lot to the east (SCTM #104-2-23) pursuant to Article I1, Section 280-10(A) which states: "Merger. A noncontbrming 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 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." Note: A merger waiver was granted 10/9/97 under decision #4508 CC: File, Z.B.A. Filed by: Office Notes: For Office Use Only Dale Assigned/ZBA File # RECEIVED ~,u~u ut' APPEAL WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON T/tIE lWRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Ltl Iq o~J, O l~L. W~HEyEBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED L~l12 17~O ~nder Town Code Chapter 280 (Zoning), Article II, Section 280- for: U Building Pe~it E Pe~it for As-Built Construction Ce~ificate of Occupancy Other Owner of Parcel for Waiver: Owner of Adjacent Parcel: Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address:~ Telephone ~(~/~ Agent %r Owner: Address: '~ Please specify who you wish co~espondence to be mailed to, ~om the above: U Owner, or ~uthofized R~resentative request that the Zoning Board of Appeals waive ~e merger and reco~ize the original lot lines under the provisions of A~icle II, Sections 280-9, 280-10, 280-11 of the Southol~Town Zoning Code, for~uflblk County Tax Map District I000, Section ~ Bloc~/L~t ~ containing/~ h/~ square feet located at ~~ ~~ ~¢ , and~ for- District 1000 Section '2ff~ Block~ Lo( ~ containing~ squ~e feet. ~e prope~y is located in the ~ ff~ ~dential Zone District. Page 2 - APPLICATION FOCAIVER TO UNMERGE PROPERTY ~E-C'EIVED OCT O~ ~0!~ BOARD OF APPEALS The lot to be unmerged was originally created by deed dated t/~/~,o,~r4/,~,~s vacant, and has historically been treated and maintained as a separate and Independent residential lot since the date of its original creation. The lot to be merged has not been transferred to an unrelated person or entity since the time the merger was effected. This application is an alternative to that provided for under other Town Code provisions available for an area variance. APPLICANT'S REASONS: (1) The waiver would recognize a lot that is comparable in size to a majority of the improyeyl lots in the neig~ borhood, because: // . . j (2) The waiver would reco~ize a lot that is vac~t ~d has historically been treated and maintained as a separate ~d independent residential lot since ~e date of its o~nal ~reation because: ./ - (3) The proposed waiver ~d reco~ition will not create ~ adverse impact on ~e p~al or, en~iroment~, conditions in, the nei~bor~od or dis~ct be~e:/~ Please cheek one or ~ore of the following that apply to the lot to be nnmerged: [2 This lot was formerly approved by the Southold Town Planning Board on (attach copy). [3 This lot was approved or shown on a map approved by the Southold Town Board during 19 (attach copy). J~ This lot was approved by the Board of Appeals on '/O//~,~,~ (please attach). :t~ A search of Town records found_no approvals or other action by the Town of Southold, except for Application # f/~'~'-tS}Zfin the Year ,,/fl~'~ (please attach copy). Page 3 - APPLICATION t~¢AIVER TO UNMERGE PROPERTY ZBA# [] A search of Town records found a Certificate of Occupancy was issued for a dwelling or other purpose on SCTM Lot # (Attach additional sheets if needed). Swom to before me this [{ day of ~ / /  ase attach,~ ,201~c,I, Notary Public .... [, "._ Iff uualified in Suffo k ~un~ If ~ / ~mmissio.~piresJuly28,~ ~ ~ . ~~ei,] Sworn to before mc this J~ day of~ ~O~ , 200 Pu ic( VICKI T01H N0~ Public, State ¢ N~ ~ No. 01T06190696 Qualified in Suffo k ~un~l O~ ~mmission ~pir~ July 28, ZO I~ RECEIVED OCT 0 ~9 20!2 BOARD OF APPEALS ZBA 12/95; 3/06; 11/085 LOT WAIVER OUESTIONNAIRF What are the square footage and dimensions of this lot (subject of building department merger application): ~,! ~_ s.f. __. ft. by +- ft. Date of first deed which created this lot: ~/~* /'(C~(d~ 7 Date of current deed to present owner: OC_-~)e,F- q! Owners' names of lot at current time: Date and name of subdivision (if any): Size of remaining lot in the merger: Were there any building permits issued in the past for this lot: Yes if yes, please provide copy of former permit and map approved. RECEIVED OCT 0 2 2012 BOARD OF APPEALS No V~~ ~ere t/here any County Health Department approvals in the past for either lot? Yes No /. If yesl please provide a copy. Were they any v/acant land Certificates of Occupancy requested in the past? Yes No //. 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 fora preexisting building, a variance, lot-line change, Trustees aPproval, or other type of application to build or use the property in any way)? Yes __ Noj. If yes, please provide copy (if available), or explain: Is there any building or structure, sucl~ as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged tots? No. ~/ Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? (~] Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Cop]es noted above are a~a~d.) ~ // QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes ~ No Are there any proposals to change or alter land contours? r~ No Yes please explain on attached sheet. RECEIVED OCT 0 2 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? f/O 2.) Are those areas shown on the survey submitted with this application? Io f3 3.) Is the property bulk headed between the wetlands area and the upland building area? CDR 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? 1~49I Please confirm status of your inquiry or application with the Trustees: ~:~ and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ D Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~ Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? ~ yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? ~ If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ~ _ - and the proposed use ~J~[~ b'k~'~--'. ' . (ex: existhg single family, proposed: same with garage, poor or other) Authorized signature and Date PROJECT ID NUMBER PART 1 - PROJECT INFORMATION { To be completed by AppliCanl or Project Spons~') ~. APPLICANT I ~ONSOR , ~ J 2. pROJECT NAME RECEIVED 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW OCT 0 ~ 2012 SHORT ENVIRONMENTAL ASSESSMENT FORM ~ U~T~AC~S O.~ BOARD OF APPEALS 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately ecres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~..Y~es [] No If no, describe briefly; 9. WHAT IS PRESENT LAND USE IN ¥1CINITY OF PROJECT? (Choaseasmanyasepply,) E~ O~er (describe) 10- DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, AGENCY (F, eder~al, State or LOCal) If yes, list a~erlc~y name and pennJl / apprOval: NOW OR ULTIfV. ATELY FROM ANY OTHER GOVERNMENTAL DOES AN'( ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? r-'JYes ~ Il yes. list age~y nerr~ and j~ermit / approval: it . AS A LT OF PROPOSED ACTION WILL E~ISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ~ CERTIFY THAT THE INFORMATION PROVIDED ABOVE ~S TRUE TO THE BEST OF MY KNOWLEDGE p~,RT II -. IMPACT ASSESSMENT Fe be cqmp!e,ted bry ~ead Al~len,~y) r A. DOE8 ACTIO~I ~'~CEED AN~' TYPE I THRESHOLD tN 6 NYCRR, PART 61 ?,47 if yes, coordJnate the review process and use the FULL FAF, B. WILL ACq~ON*I~CE IVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCR P~ PART §~7.67 If NO. a negative de~la~atlon n~ay~be soper~eded by another ir~olve~ agency. C. COULD ACTIOI~RESULT IN ANY ADYERSE EFFECTS AS~OCtATED WlTM 'rile FO~LOW~iV~G: (/ulswers r~y be handwritten, if k~lble) C1. pn~uclion lxdisix~a~, C5. Growth, subse~ent development, o PART III - DLe~Jr~---RMI~ATION OF SIGNIFI~I~NCE [To ~ ~H~ ~ ~ INSTR~NS: F~ ea~ edv~e ~ Menflfl~ a~e, ~ine w~th~ ~ surPriSal, la;~, Im~nt ~ot~ise s~W~nl. Name ot Lead Agency P~int or TypP Name of R~s[oonslble Officer tn Lead Agency Title o~ ResponsiVe Officer S~gn=ture of ResPonsible Officer in Lead Agency Sigr~ture of Preparer (If different from responsible o~cer} RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOAR D OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permi6 site plan approVtd, u~e variance, or subdivision approval on property witMn an agricultural district' OR within 500feet of a farm operatioti located in agrleultund districa All application~ requiring an agricultttrol data statement must be referred to the Suffolk CounO~ Department of Planning in accordance with sectiolts 239- tn and 259,n of the General Municipal Law. 1) Name 0fApplicant: ~_~ C~ 2) AddressofApplicant: ~--C~ '~o-~' 61(y51 ~) Name of Land OWner (if other than apKl!cano: , \O~SDh (Y~t" I \'-~ 4) Address of Land Owner.. ,~.:~qO t.'~neTree 5) Description of Pro~0sed Project: 6' 6) Location of Property (road and tax map number): 7) Is the parCel within an agricultural district?fi~JNo F]Yes If yes, Agricultural District Number 8) Is this parcel actively farmed?~No [-]Yes 9) Name and address of any owner(s) of land within the agricultural district ¢onfaining active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and d~_ddress [. 2. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1~938 or the Zoning Boap~ of Appeals at 765-1809. Signature of Applicant Date Note: 1. The local boitrd will ~olicit coml~ent~ fi'om the owners of land identified above in order to consider the effect of the proposecl action on thoir farm optmlfiov.. Solicitation will be made by supplying u copy of this statement. 2. Comments returned to the local board will be t~ke, n into consideration as part of the overall review of this application. 3. The clerk to the local board i~ responsible for ~ending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT ~qSACTIONAL DISCLOSURE F ,O,R~ (FOR'gUBMISSION BY OWNER and OWNER S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and ernployees. 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. (Last name, first name, middle initial, unless you are applying in the nameg of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Other Activity: Change of Zone Approval of Plat Exemption fi.om Plat or Official Map Other RECEIVED OCT 02 2012 BOARD OF APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. Thc Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submiited this jJ~_ day o~ Signature: ~-~tO~ I~dr, o~{~L~ Print Nam~ /,~¢~BrtI~ .~)~tlaZ~,fI.P_ II ~ Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM RECEIVED -- OCT 0 2 2012 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCT I lt n0 IOtj - 5tq- The Application has been submitted to (check appropriate response): Town Board [] Planaing Board Bu,l ing.ept. o Trnstees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ---Permit, approval, license, certf~ationi Nature and extent of action: 'Site Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) NameofaPplicant: ~4~t[', ~O[.~210h [~r~(~,~[,~/. (b) Mailingaddress: ~ ~l~) ~'~ itqe , (c) Telephone number: Area Code ( ) (.0,9')! '~"~ 5q~ qC~O~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ Uo~[~'_ I.fyes, which state or federalagency?. C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~-~Yes ~-~ No ~Not Applicable Attach additional sheets if necessary ~mY~eY27-Pr~tectr~ndyr~g~i~Ve his~o~fc and~-r~h~ resources/ffiff6-Tbw~Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~] Yes [~ No ~r~Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sonthold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ~--] Yes ~ No~NotApplicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ~-] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Poli~ci~ P_ages 22 ~-rougb 32 for ~Taiiih~)-n-'criteria. Yes ['-~ N~ ~ No~ APpli~bie ~Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~-~ No ~ Not Applicable ~(~ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-~ yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ No ~]' Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Ye~ [7"-] No ~'-'-~Not Ai~lica~ie Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Tmvn waters. See LWRP Section III - Policies; Pages 57 thro!~gh 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes V~ 1No'Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes ~ No/~ot applicable Created on 5/25/05 11.'20 AM APPLICANT Tt~dqSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last~me, fa:st n~a~e, mi~tdle'initia~/unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Other Activity: Change of Zone Approval of Plat Exemption from Plat or Official Map ~- Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO / Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) RECEIVED ~ BOARD OF APPEALS (Print Croperty owner's name) ! ~1~6 i ~.,( ~ hS0(~ do hereby authorize (Mailing Address) (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. ~ (Print 6wne~'s Nme) / TOWN OF $QUTHOLD BUILDING DEP.ARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net PERMIT NO. Examined ,20 Approved ,20 Disapproved a/c ~ [ f,,~((~- BUILDINC~RMIT APPLICATION CHECKLIST Do'~[~i have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval §urvey. Septic '~orm N.Y.S.D.E.C. Trustees C.O. Application Flood Permit ~ Single & Separate Storm-Water Assessment Form Contact: Mail to: Phone: Expiration ~ APPLICATION FOR BUILDING PERMIT ~ Date  INSTRUCTIONS ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code,.¢~ ~d d r~it authorized inspectors on premises and in building for necessary inspections~ ~,, ' BOARD O~ AppE/~k$ /-~ ~.¢-~.~..(Mailing ad;tress ofappligan~) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ~t¢~ ~ /t{¢ 1/(~ (As on the tax roll or latest deed) Name of owner of premises If applicant is ~ ~ ~+; ' s~gna ..... fdul~ ,ut.oA~,.d cc.~ ~ (Name and title of corporate officer) Builders License No. Plumber~ Li'cense No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street x] Ham~[et CountyTax MapNo. 1000 Section /O~k Block ,.~ Lot ~:y ¢: ~,25/ Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisfing use and occupancy 12~4?,~--,c~ -t ~Jac~,~ (~b) Intended use and occupancy 0d,~,~'~' 4 Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Fee Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth_ Height Number of Stories . Rear Depth 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front Rear Depth Rear 10. Date of Purchase. Name of Former Owner 11. Zone or use district in which premises are situated t~ CD 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES 14. Names of Owner of premises Address Name of Architect Address Name of Contractor Address NO NO Will excess fill be removed from premises? YES__ Phone No. Phone No Phoue No. NO 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? * YES · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO · IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at arty point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY £~X~S: being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qu~ii;;~G i. Su~Tuik Cuu.iy . (S)He is the (Contractor, Agent, Corporate Officer, etc.) Commission Expires Apdl 14, of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that alt statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ,~h____ day o~ ' . ~ ' ~otary eubli'c~ APPEALS BOARD MEMBERS Gerard E Goenrnger, Chairman Serge Doyen James Dirfizio, Jr Lydia A. Tot~ora BOARD OF APPEALS TOWN OF SOUTHOLD Sou[hold Town Hail 53095 Main Road Re. Box 1179 Sou[ho!d, New York 11973 Fax (516) 765-1823 Telephone (516) 765-18fY) FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR -MEETING OF OCTOBER 9, 1997 Appt. Ne. 4508 - JOSEPH MELLy PARCEL 1000-104-2-24 STREET & LOCALITY: 1375 (and 1475) Sterling Road, Cutehoglte DATE OF PUBLIC HEARING: September 25, 1997. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Tilts properly is located in an R-40 Low-Density Residential Zone District, being situate at the corner of the east side of Herren Road and north side of Sterling Road. The land in question for this waiver consists of a total area of approximately 13,500 sq. ft., and the survey dazed February 5, 1970 prepared by Robert A. Kart, Land Surveyor, confirms a road frontage of 159.23 feet along Hereon Road (a paper' street) and 70 feet along Sterling Road. Although tins lot is shown on the Map of Nassau Farms filed March 28. 1935 - blap No. I]79, consisting of a part of Lot 52, part of 51 and'part of 50, the meres and bom~ds of this lot to be waived in this application does no1 folio','; the same exact original lines created on the Nassau Faa'ms' subdivision map. The lot as exists today (deed dated l=.~,/9b eoutalning a metes and bounds description filed at Libel liS09 p. 56]) matches the moles and bounds description created by' !967 and 1970 deeds, submitted bv applJcanCs attorney dated February 6, i967 at Libar 6114 p. 267~. This Lot #24 is vacant and ,%as been maintained by owner as a separate lot for future use. i'he adjoining land area (lot #23) which has been deemed merged wilh Ibis CTM lot ~24). Lot #23 is improved with a singie-family d~eiling and consists of a land area of 17,424 sq. ft.. lot width of 116.16 feet along Sterling Road, and lot depth of 150 feet (ref: supvey dated October 26, I959 prepared by Otto W. VanTuyl, Land Surveyor. CTM Lot #24 shows that it also consists of part of Lot 52, part of Lo~ 51, and part of Lot 50 from the Map ef Nassau Farms. BASIS OF P~PPEAL: Building Inspector's Action of Disapproval dated J~fly 24, 1997 wb2ch reads as follows: "...under Article III, i00-25 Merger. a non-conforming lot shall merge ~"ith an adjacen~ RELIEF REQUESTED BY APPLICA~NT: Request to un-merge with approval of a Waivez. under Article II, Section 100-26 based on the REASONS FOR BOARD ACTION~ DESCRIBED BELOW: The adjP, irdng northnrly CT!VI Lot 7.5 is improved w/th a single-family The adjoining easterly CTM Lot 22 is improved with a shngle-fanfilv dwelling constructed about 1988, and is not merged with Lot ~fi4 o~ ~22 having been in separate names (Longo, Riedel, Dempsey, Schuster). I. The waiver will not result in a signAficant increase in the den~ty of the neighborhood because the adjoining lot is already Sterling Road consist of the same general size and si~ilar layout, and also created by deed (rather than mapped lot lines filed '~2_'~h the C:ounty). The waiver, will Peeog~ize the exte~ioP dimensions of the original RESOLUTION/ACTION: On motion by Member DinizJo, seeonced by VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DiNiZi~3 TORTORA. This ~,esolution was duly adopted (3-0). (Member Doyen of Fishers island was abse //G~RA~D P. GOEHRINp~Ai~XN ,~ c,/c, ns .al!' !04-2-24 S-Z32928 sTERLING ROAD JOSEPH ,.,. & MARJORIE A. MELL Y ~T PECON!C TOWi~ OF SOUTHOLD FORM NO. & TOWN OF $OUTHOLD BUII.I~ING DEPART~ Town Clerk's Office Southold, N. Y. Certificate Of Occupancy RECEIVED BOARD OF APP. EALS THIS CERTIFIES that the buildh~g located atSt, er.~ $n£ Road ............. Street Map No. i~as~,. L~m$. Block No .......... Lot No, .~[0&~.l ......g~t6~o.g~ ........... conforms substantially to the Application for Bui]dh~g Permit heretofore filed in this office dated .......... C~ct . .1.~, 19 73 pursuant to which Building Permit No. 6930Z.. dated ......... 0C~..1~ ..... , 19~ ;, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which th~ certificate is issued is .. t:x'iv~te, one. £e~!ly..~elll~g .wi.th a~ .a:'di.~io~ ................. The certificate is issued to J~seph, ~el~y ....... Ywne~-. ........................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .. ~.;R: ............................ UNDERWRITERS CERTIFICATE No. pend~ng ................................... HOUSE NUMBER ....~.~.~.~ ..... Street ...~te~.lJ~t§..1~6~l, ....................... Building Inspector FORM NO. 4 NO: Z-27778 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED OCT 0 ~ ~ BOARD OF APPEALS Date: 06/28/01 T~IS CE~TIFIEE t~t the b%~ldir~ ADDITION Location of Property: 1495 STERLING RD (HOUSE NO.) (STREET) Couu%ty T~ ~4ap No. 473889 ~ction 104 Block 2 CUTCHOGUE (KAMLET) Lot 23 subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 23f 1997 pursuant to which Building Petit No. 24269-Z datex~ JULY 241 1997 was issued, and conforms to all of the requirements of ~he applicable provisions of the law. The occupancy for which this certificate is issued is ~JDDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JOSEPH J. ~LLY JR (OWNER) of the aforesaid building. SD~I~K COL~ DEPART~ OF ~T~t APPRO~%L N/A EL~Ci'~C3%L CERTIFIC-%~ NO. N 529040 PLUMBERS CERTIFICATION DATED N/A oT/o~/oq Signature Rev. 1/81 ~¢ARRANTY DEED WITH FULL COVENANTS (INDIVIDUAL AND CORPORATION) RECEIVED FORM 8008 (long version) CAUTION: THIS AGREEMENT SHOULD BE PKEPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING THIS INDENTURE, made thegt~day of 0 ~ ~' ,2009, BOARD OF APPEALS between JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cutchogue, New York 11935 and JOSEPH J. MELLY, JR., residing at 1475 Sterling Road, Cutchogue, New York 1 I935, as to a life estate interest only, party of the first part, and JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cutchogue, New York 11935, IoH l party of the second part, WITNESSETH, that the party of the first part, in consideration of one dollar, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Nassau Point, in the Town of Southold, County of Suffolk and State of New York, described as follows: part of Lots 50, 51 and 52 as shown on a map entitled "Map of Nassau Farms" and filed, in the Suffolk County Clerk's Office on March 28, 1935, as Map No. 1179; and being more partmula 4y bounded and described as follows: BEGINNiNG at a coacrete monument set on the northerly side of Sterling Road, distant 70 feet easterly from the comer formed by the intersection of the said northerly side of Sterling Road with the easterly side of Norton Road,lbeing the southeasterly comer of the land of Carlson; running thence north 4 degrees 14' 00" west 150 feet to land of Sterling; thence along said land of Sterling north 85 degrees 46' 00" east 116.16 feet io an iron pipe; thence south 4 degrees 14' 00"east 150 feet to the northerly side of Sterling Road; thenc? along the northerly side of Sterling Road south 85 degrees 46' 00" west 116.16 feet to the point or pi.ace of begirming. SAID PREMISES b4ing known as and by 1475 Sterling Road, Cutchogue, NY 11935. BEING AND INTE~iDED to be the same premises conveyed to the party of the first part by deed dated December 27, 2000, iimd recorded in the Suffolk County Clerk's Office on February 13,2001, Liber D00012102, Page ITT TOGETHER {vith all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the aboye described premises to the center lines thereof, TOGETHER xvith the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns~ofthe party of the second part forever. AND the partyiof the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will red~eive the consideration for this conveyance and will hold the right to receive such consideration as a trust: fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.. AND the party of the first part covenants as follows: FIRST. That said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; SECOND. Th,}t the party of the second part shall quietly enjoy the said premises; ? I0 51oc .Oq CONSULTYOUR LAWYER BEFORE SIGNING 1~115 INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. INDENTURE, made thc BETWEEN c~"~ff-kday of ~~n the year 2000 Road, Cutchogue, New York 11935 party of the first part, and OCT 0 ' BOARD OF APPEALS JOSEPH M. MELLY, 2390 Pine Tree Road, Cutchogue, New York 11935 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbeing in the . near Nassau Point, in the Town of Southold, County of Suffolk and State of New yOrk, deScri~bed as follows: part of Lots 50, 51 and52 as~shown On a map entitled "Map or'Nassau Farms;' and filed in the Suffolk County Clerk's Office on March 28, 1935, as Map No. 1179; and being more particularly bounded and described as follows: BEGINNING at a concrete monument set on the northerly side of Sterling Road, distant 70 feet easterly from the comer formed by the intersection of the said northerly side of Sterling Road with the easterly side of Norton Road, being the southeasterly comer of the land of Carlson; running thence north 4 degrees 14' 00" west 150 feet to land of Sterling; thence along said land of Sterling north 85 degrees 46' 00" east 116.16 feet to an iron pipe; thence south 4 degrees 14' 00"east 150 feet to the northerly side of Sterling Road; thence along the northerly side of Sterling Road south 85 degrees 46' 00" west 116.16 feet to the point or place of beginning. SAID PREMISES being known as and by 1475 Sterling Road, Cutchogue, NY 11935. THE PARTY OF THE FIRST PART HEREBY RETAINS A LIFE ESTATE 1N THE PROPERTY HEREIN CONVEYED. TOGETHER with all right, title and interest, if any, of the party of the first part '~ri and to any street~ gni:l roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said >remises in fee simple, and has good fight to convey the same, that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title m said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. WARRANTY DEED WITH FULL COVENANTS (INDIVIDUAL AND CORPORATION) FORM 8008 (long version) CAUTION: THIS AGR,EEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the qTt~day of 0~/~-//~ ,2009, ~9/.O0~ between JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cutchogue, New York 11935 and JOSEPH J. MELLY,:residing at 1475 Sterling Road, Cutchogne, New York 11935, a~aalife estate interest only, ', bt~'CEIVED ]0 party ofthe first parti and 0ri 0[4/~"~ / JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cntchogue, New York BII~J~3~,D OF APPEALS lock 2 party of the second Part, WITNESSETH, that the party of the first part, in consideration of one dollar, lawful money of the United States, pa~d by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a cOncrete monument at the intersection of the northerly line of Sterling Road with the easterly line of Norton Road as shown on a certain map entitled, "Map of Nassau Farms, situate at Peconic, Suffolk County, New York", dated January 31, 1935 and filed in the Suffolk County Clerk's Office, March 28, 1935, as map number 1179, and from said point of beginning; running along said easterly line of Norton Road North 23° 50' west 159.23 feet to a concrete .monument; running thence along land of Warren Sterling on a line parallel to said northerly line of Sterling Road, north 85° 46' east 123.41 feet to a concrete monument; running thence Southerly along land of Wiegands South 4°14' east 150.00 feet to a concrete monument on said northerly line of Sterling Road; running thence along said northerly line of Ster!ing Road south 85° 46' west 70.0 feet to the point or place of beginning. SUBJECT to covenants, easements and restrictions of record. SUBJECT to any state of facts which an accurate survey may show. SAID premises are p~art of lots 50, 51 and 52, as shown on Map of Nassau Farms, filed March 28, 1935, as map number 1179. '" SAID premises being known as 1375 Sterling Road, Cutchogue, New York 11935. BEING AND INTENDED to be the same premises conveyed to the party of the first part by deed dated December 27, 2000, and recorded in the Suffolk County Clerk's Office on February 13, 2001, Liber D00012102, Page 17). TOGETHER ~vith all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the abox;e described premises to the center lines thereof, TOGETHER With the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the partxof the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trus[ fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to !he payment of the cost of the improvement before using any part of the total of the same for any other purpose. -1- Jo CONSULTYOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. BETWEEN 2000 JOSEPH M. MELLY, residing at 2390 Pine Tree Road, Cutchogue, New York 11935, as to an Undivided ten percent (10%) interest and JOSEPH J. MELLY, residing at 1475 Sterling Road, Cutchogue, New York 11935, as to an undivided ninety percent (90%) interest, as tenants in common party of the first part, and JOSEPH M. MELLY, residin~ at 2390 Pine Tree Road, Cutchogue,,New York 11935 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the part, 'the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of !and, with the buildings and improvements thereon erected, situate, lyin~ and being in the P. econic, Town of Southoldl County of Suffolk and State. of New York, boUnded and described as follows: BEGINNING at a concrete monument at the intersection of the northerly line of Sterling Road With ,~,.e easterly line of Norton Road as shown on a certain map entitled, "May of Nassau Farms, situate at P~conic, Suffolk County, New York", dated January 31, 19~5 and filed in the Suffolk CoUnty Clerk's Office, March 28, 1935, as map number 1179, and from said point of beginning; running along said easterly line of Norton Road North 23 ° 50' west 159.23 feet to a concrete monument; running thence along land of Warren Sterling on a line parallel to said northerly line of Sterling Road, north 85 © 46' east 123.41 feet to a concrete monument; rtmning thence Southerly along land of Wiegands South 4© 14' east 150.00 feet to a concrete monument on said northerly line of Sterling Road; rtmning thence along said northerly line of Sterling Road south 85 ° 46' west 70.0 feet to the point or place of beginning. Said premises are part of lots 50, 51 and 52, as shown on Map of Nassau Farms, filed March 28, 1935, as map number 1179. BEiNG and intended to be the same premises conveyed to the party of the first part by a deed made and dated the 27* day of December, 1996, and recorded in the Suffolk CoUnty Clerk's Office on December 31, 1996 in Liber 11808, page 561. SUBJECT to covenants, easements and restrictions of record. S .U~ ~ JEC~ ~o~y ~t.~[~¢,l~f facts which an accurate survey may show. ' JOSEPH J. MELLY, ONE OF TI2iE~,I~I~S 0F ~?~ FroST PART HEREBY RETAINS A LIFE ESTATE iN THE PREMISES CON~E~'HEREFN. TOGETHER with all right, title and interest, if any, of the party of the first part in and m any streets and roads abutting the above-descri~tpremises to the center lines thereof; TOGETHER with the appurtenances and ail the estate and rights of the party of the f~rst part in and to said premises; TO. HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the Second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the impmvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same, that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the tire to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. RECEIVED I1~ I'P. ES~.a~Cl! ~ BOARD OF TITLE NO: F12-7404-87665SUFF Town of Southold, New York RECEIVED OCT 0 ~ 20~T District: 1000 Section: 104.00 Block: 02.00 Lot: 023.000 and 024.000 BOARD OF APPEALS Gentlemen: FiDELITY NATIONAL TITLE INSURANCE SERVICES, LLC hereby certifies to the TOWN OF SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FiDELITY NATIONAL TITLE INSURANCE SERVICES, LLC certifies that the above-captioned property has been in single and separate ownership by Joseph M. Melly and his/her predecessors in title since prior to 4/1/1957 except as follows: (see attached chains of title). No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty-Five Thousands Dollars ($25,000.00) and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: 9/24/2012 FDELITY NATIONAL TITLE INSURANCE SERVICES, LLC S~NDRA-j. GOL~SKI - Sworn to before me this 24th day of September, 2012 Notary Public TITLE NO. F 12-7404-87665SUFF STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) Sandra J. Goleski, being duly sworn deposes and says: RECEIVED OCT 0 2 20t2 BOARD OF APPEALS 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: 1000-104.00-02.00-024.000 and 023.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 4/1/1957. PART OF SUBJECT PREMISES: 1000-104.00-02.00-024.000 Ralph W. Sterling To R. Warren Sterling Liber 1899 cp 246 Dated: 12/21/1936 Rec'd: 12/26/1936 Premises & More R. Warren Sterling To Theodore A.Wiegand Liber 1975 cp 554 Dated: 3/05/1938 Rec'd: 4/11/1938 Premises & More Theodore A. Wiegand To Rudolf Carlson Liber 2187 cp 376 Dated: 8/27/1941 Rec'd: 9/12/1941 No proof of death of Rudolf Carlson found in Suffolk County Surrogates Court. FDELITY NATIONAL TITLE iNSURANCE SERVICES, LLC Sworn to before me this 24th day of September, 2012 Notary Public Rudolph Wolinsky and Melvin Wolinski, as Executors of the Estate of Anna Carlson pursuant Letters Testamentary issued by Surrogates Court Nassau County, File No. 118642 To Karin Szarf and Rolf H. Carlson Liber 6114 cp 267 Dated: 2/06/1967 Rec'd: 2/15/1967 Karin Szarf and RolfH. Carlson To Joseph J. Melly and Marjorie A. Melly, his wife Liber 6718 cp 268 Dated: 3/04/1970 Rec'd: 3/18/1970 No proof of death of Marjorie A. Melly found in Suffolk County Surrogates Court. Joseph J. Melly To Joseph M. Melly as to 10% interest and Joseph J. Melly as to 90% interest Liber 11808 cp 561 Dated: 12/27/1996 Rec'd: 12/31/1996 Joseph M. Melly as to 10% interest and Joseph J. Melly as to 90% interest To Joseph M. Melly Subject to life estate of Joseph J. Melly Liber 12102 cp 173 Dated: 12/27/2000 Rec'd: 2/13/2001 Joseph M. Melly and Joseph J. Melly as to Life Estate interest only To Joseph M. Melly LAST DEED OF RECORD Liber 12617 cp 474 Dated: 10/09/2009 Rec'd: 1/19/2010 RECEIVED ~':., OCT 0 ~ 20~7~ BOARD OF APPEALS FIDELITY NATIONAL TITLE iNSURANCE SERVICES, LLC Sworn to before me this / ~'AND~>,3k J. G~LESKI - 24th day of September, 2012 Notary Public PART OF SUBJECT PREMISES: 1000-104.00-02.00-023.000 Ralph W. Sterling To R. Warren Sterling Liber 1899 cp 246 Dated: 12/21/1936 Rec'd: 12/26/1936 Premises & More R. Warren Sterling To Theodore A.Wiegand Liber 1975 cp 554 Dated: 3/05/1938 Rec'd: 4/11/1938 Premises & More Theodore A. Wiegand and Mildred A. Wiegand, his wife To William Henry Jeffries and Hildegarde Helen Jeffries, his wife Liber 2756 cp 88 Dated: 9/20/1947 Rec'd: 9/25/1947 Premises & More Hildegarde Helen Jeffries died a resident of Suffolk County on 2/21/1951. William Henry Jeffries To Walter F. Luce Liber 4710 cp 352 Dated: 10/16/1959 Rec'd: 10/19/1959 Walter F. Luce To Joseph J. Melly, Jr. and Marjorie A. Melly, his wife Liber 4725 cp 364 Dated: 10/19/1959 Rec'd: 11/16/1959 No proof of death of Marjorie A. Melly found in Suffolk County Surrogates Court. RECEIVED OCl 0'2 20~ BOARD OF APPEALS FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this /sANDRA J. G(5'LESKI 24th d~er, 2012 Notary Public Joseph J. Melly, Jr., as surviving tenant by the Entirety To Joseph M. Melly Subject to the life estate of Joseph J. Melly, Jr. Liber 12102 cp 172 Dated: 12/27/2000 Rec'd: 2/13/2001 Joseph M. Melly and Joseph J. Melly, Jr. as to Life Tenant To Joseph J. Melly, Jr. Liber 12388 cp 128 Dated: 4/19/2005 Rec'd: 5/02/2005 Joseph J. Melly, Jr. To Joseph M .Melly Subject to Life Estate of Joseph J. Melly, Jr. Liber 12447 cp 192 Dated: 2/01/2006 Rec'd: 4/26/2006 Joseph M. Melly and Joseph J. Melly, Jr. as to Life Estate Interest only To Joseph M. Melly LAST DEED OF RECORD Liber 12613 cp 475 Dated: 10/09/2009 Rec'd: 1/19/2010 PREMISES NORTH: 1000-104.00-02.00-007.005 Ralph W. Sterling To R. Warren Sterling Liber 1899 cp 246 Dated: 12/21/1936 Rec'd: 12/26/1936 Premises & More R. Warren Sterling died a resident of Suffolk County on 4/03/1943. RECEIVED , BOARD OF APPEALS FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this /' sA3qD~':I~I~'LI~SI~I- - - 24th day o f September, 2012 Notary Public 5 Adele H. Sterling, individually and as Administratrix of the Estate of Ralph WaiTen Sterling a/k/a R. Warren Sterling late of Southold To Edythe C. Romeo Edythe C. Romeo To Mabelle Dempewolf Mabelle Dempewolf To Michael D. Romeo, Jr. Michael Romeo To Joan Bacon Ferris and William Fen'is, I11 LAST DEED OF RECORD Liber 2914 cp 437 Dated: 10/29/1947 Rec'd: 1/18/1949 Premises & More Liber 3063 cp 378 Dated: 6/09/1949 Rec'd: 4/11/1950 Premises & More Liber 7626 co 584 Dated: 1/04/1974 Rec'd: 4/26/1974 Premises & More Liber 10583 cp 366 Dated: 4/11/1988 Rec'd: 4/15/1988 Premises & More ~ RECEIVED OCT 0 ~ ?-'? ~ BOARD OF APPEALS PREMISES EAST: 1000-104.00-02.00-022.000 Ralph W. Sterling To R. Warren Sterling Liber 1899 cp 246 Dated: 12/21/1936 Rec'd: 12/26/1936 Premises & More R. Warren Sterling To Theodore A. Wiegand Liber 1975 cp 554 Dated: 3/05/1938 Rec'd: 4/11/1931 Premises & More FIDELITY NATIONAL TITLE Sworn to before me this 24th day of September, 2012 Notary Public INSURANCE SERVICES, LLC S'ANDRA J. GOLE~Ki - - - 6 Theodore A. Wiegand and Mildred A. Wiegand, his wife To William Henry Jeffries and Hildegarde Helen Jeffries, his wife Liber 2756 cp 88 Dated: 9/20/1947 Rec'd: 9/25/1947 Premises & More RECEIVED Hildegarde Helen Jeffries died a resident of Suffolk County on 2/21/1951. BOARD OF APPEALS William H. Jeffries To Richard H. Schuster Liber 3692 cp 576 Dated: 5/08/1954 Rec'd: 5/13/1954 Richard H. Schuster To Mario Canaletti and Flavia Canaletti, his wife Liber 7694 cp 42 Dated: 8/11/1974 Rec'd: 8/13/1974 Mario Canaletti and Flavia Canaletti, his wife To Renate Riedel Liber 8963 cp 308 Dated: 1/28/1981 Rec'd: 2/23/1981 Renate Riedel To Robert Barbach and Nancy Barbach, his wife Liber 9447 cp 163 Dated: 9/30/1983 Rec'd: 10/25/1983 Robert Barbach and Nancy Barbach, his wife To John R. Dempsey Liber 9954 cp 456 Dated: 1/03/1986 Rec'd: 1/13/1986 FIDELITY NATIONAL TITLE iNSURANCE SERVICES, LLC Sworn to before me this · - -SAN~RA J. ~OLESKI 24th day of September, 2012 Notary Public 7 John R. Dempsey To Frank Longo and Fannie Longo, his wife Liber 10763 cp 414 Dated: 11/28/1988 Rec'd: 12/27/1988 No proof of death of Fannie Longo found in Suffolk County Surrogates Court. Frank Longo, husband of deceased, as Executor of the Fannie Longo's Estate who died 9/03, late of Bronx, New York To Carmela Paciullo Liber 11733 cp 995 Dated: 12/08/1994 Rec'd: 7/20/1995 as to 50% interest Carmela Paciullo a/kda Carmela L. Paciullo To Frank L. Longo aJk/a Frank Longo Liber 11896 cp 689 Dated: 6/02/1998 Rec'd: 4/27/1998 as to 50% interest Frank L. Longo aJk/a Frank Longo To Gary P. Longo Subject to Life Estate of Frank L. Longo a/k/a Frank Longo Liber 12123 cp 774 Dated: 6/04/2001 Rec'd: 6/13/2001 Gary P. Longo (as to fee interest) and Frank L. Longo a/k/a Frank Longo as to Life Estate Interest To David D. Rohde LAST DEED OF RECORD PREMISES SOUTH: STERLING ROAD PREMISES WEST: HORTON ROAD Liber 12484 cp 186 Dated: 11/16/2006 Rec'd: 12/22/2006 RECEIVED BOARD OF APPEALS FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC Sworn to before me this SANDRA J. ~OLESKI 24th day of September, 2012 Notary Public 8 TOWN OF SOUTHOLD PitOPERTY RECORD CARD OWNER FOR~E~, OWNER RES. SEAS. IMP. STREET / ~) '7~) VILLAGE DISTRICT SUB. LOT~.~. 6~. G'-d -~f-/-, VL. ~ TOTAL FARM DATE AGE BUILDING CONDITION NORMAL NEW Ac re Farm BELOW Value Per Acre ABOVE COMM. IND. CB. MISC. Est. Mkt. Value FRONTAGE ON WATE~ Value liable 1 Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total FRONTAGE ON ROAD BULKHEAD TOWN OF SOUTHOLD P~OPERTY RECORD CARD OWNER OWNER RES. 7..~0 SEAS. STREET VL. FARM VILLAGE DISTRICT SUB. ACREAGE .~ TYPE OF BUILDING COMM. lIND. ICB. I MISC. I E/sst. Mkt. Value - IMP. ~oo Farm Acre ~ble 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House P~ ~ Total TOTAL DATE REMARKS BUILDING C NDI ~ I , Value PerAcre Value FRONTAGEONROAD //~Zd~ ~/~, ~ ~ ~ n~v~, ~' ' . ' ~ I,'~. / , /j_a~ -/ .. L '~. Bldg, '7' ..~ ~' ';xtension ~ ](' [xtension :xtension ~arage Fc~dotion ~,sement ixt. Walls Fire Place Patio Driveway Porch Porch Floors Interior Finish Roof Type Roo~ 1st Floor Rooms 2nd Floor Dormer ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 4, 2012 Zoning Appeal No. 6603 Transmitted herewith is Zoning Appeals No. 6603 of LeeAnn Romaneili for Joseph Melly- the Waiver to Unmerge Property-Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Lot Waiver Questionnaire, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Joseph Melly to LeeAnn Romanelli to Represent him in this Matter, Receipt for Disapproval & Copy of Application for Building Permit with Disapproval Dated June 14, 2012, Three Pages of Findings & Determinations Dated October 9, 1997, Copy of Certificate of Occupancy No. Z6755 for Private One Family Dwelling Dated October 30, 1975, Copy of Certificate of Occupancy No. Z-27778 for Addition to an Existing One Family Dwelling Dated June 28, 2001, Two Sets of Recorded Deed for 1375 Sterling Road, Cutchogue, Two Pages of Property Record Cards, Copy of Notice of Disapproval from Building Department Updated September 10, 2012, Notice of Disapproval from Building Department Dated June 14, 2012, Eight Page Copy of Title Insurance Report Dated September 24, 2012, Copy of Survey Showing Both Properties Dated August 20, 2012 Prepared by Peconic Surveyors, P.C. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/04/12 * * * RECEIPT * * * Receipt: 142626 Transaction(s): 1 1 ZBA Application Fees Check#: 3909 R~ Subtotal $750.00 To--id: $750.00 Name: Melly Jr, Joseph J 2390 Pine Tree Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6603 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/2/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6603 Melly, Joseph 3909 $750.00 OCT 4 20E $750.00 By lc Thank,'ou, BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor,.Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 1, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 1, 2012: 1:00 P.M. - JOSEPH M. MELLY #6603 - This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-104-2-24, based on the Building Inspector's June 14, 20t2, updated September 10, 2012 Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-104-2-23, located at: 1375 and t475 Sterling Road (corner Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2-24 & 23 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vicki. Toth~,Town. Southold.ny.us Dated: October 17, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS - . (Name of Applicarffs) SCTM Parcel # 1000- CO~TY OF SUFFOLK STATE OF NEW YO~ New York, being duly sworn, deposes ~d says that: On the I&~ day of ~ ,20~ I personally mail~ at me United States Post Office in ~ , New York, by CERTIFIED ~IL, ~TU~ ~CEIPT ~Q~STED, a t~e copy of~e a~ched ~gal Notice in Prep~d envelopes addressed to c~rent prope~y owners sho~ on ~e c~rent ~sessment roll verified ~om the official records on file wi~ the ( ) Assessors, or~ County Real Prope~y Office for every prope~y which abu~ ~d is across a public or private street, or vehicUl~ right-ogway of reco,rd, subordinate applic~t's p~e~y. Sworn t6 before rrke this ~t~r4 day of CO ,20 12.- (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffolk County Commi~aion Expires Aprii !4. ;2C)l~ 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. Return Receipt Fee (Endomement Required) Total Postage & Fees ~.~ 1;3 ~- or PO Box NO. Postage CerLifleci Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tot~l Post~ge & Fees m $ $0.65 $2.~5 $2.35 Total Postage & Fees S $5.~ m n 1.~2012 Po~t~ge $0.~5 .0971 (Endorsement Required) ~., ~:~ Restrfcted Oelive~ Fee ~ /. I~l Total Postage & F.s $ r ......... TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) ~ AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #I000- COUNTY OF SUFFOLK) STATE OF NEW_YORK) ~ 0 ~~ & ,New ~ ork, being duly sworn, depose an~ sa, that: On ~e- ~ day of ~~ ,201~, I person~ly placed the Town's O~cial Poster, with ~e ~te 0f he~ing ~d nature of my application noted thereon, secu~ly upon my prope~y, located ten (10) feet or closer from ~e s~eet or right-of- way (~veway entr~ce) - facing ~e street or facing each s~eet or right-of-way en~ce,* ~d ~at I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this Day of ,201 (Notary Public) * near the entrance or driveway en,trance of my property, as the area most visible to passerby. .am · Complete ifems 1,2, and 3. Also complete · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front If spaca permits. 1. Artir, leAddmssed~t~: ! IX [] Insured Mail [] C.O.D. 4. RestS, ted Daiive~ {Ex~a Fee) r-lyes 2. Article Number ~ from service 7010 1060 0001 1573 4642 i PS Form 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. D. Is daiivery address diffe~nt from item 1 { If YES, enter daiive~j address below: [] Agent [] Addressee [] No m (:~ttiflad Mall [] Express Mail [] Reglsterad [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Readcted D~ ~ery? (EX~a Fee) E3yes 2. A~icleNumber 7010 1060 000t 1573 PS Form 3811-, February 2004 Domestic Retum Receipt 4659 · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. A,fficle Addressed to: lype [] Cerllfled Mail Cl E~e~ Mall [] Registered [] Retum Re(mipt for Merchandise r'l Insured Mail [] C.O.D. 4. Restricted Dailve~? (Extra Fee) [] Yes ~ ~, 2. A~ticle Number (Transfer from serv~e/abe/) PS Form 3811, February 2004 7010 1060 0001 1573 4635 4 SROADWATERS COVE TOWN OF SOUTH( HAYWATER COVE I NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MELLY, JOSEPH M. #6603 MAP # 104.-2-23 & 24 VARIANCE MERGER DETERMINATION REQUEST UNMERGE UNDERSIZED LOT DATE: THURS, NOV. 1, 2012 1:00 PM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal busIness days between 8 AM and 3 PM. , ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #109O5 STATE OF NEW YORK) ) SS:, COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 25th day of October, 2012. Sworn to befor,~ me this Lza~oncg~ $OUTHoLO 'I'OWN ZO~G BOARD OF APPEA~ To~ C~e ~apter ~0 (~ning),To~ of Soudiold, the following public hear- ings will ~ held by the SO--OLD York 11~1-~9, 0n ~RS~ NO- revie~ng the pro~ed Comtr~fion meth~ for ~ f~On ~d ~e ~re~afion of ~o~ ~ the ex~t- mg dwe~g as d~ and ~t~d in ~e o~1 d~o~ ~6550, ]~ted at: 50 ~ St~t: New $~olk, ~- Req.~ tot o sto~ ~o~6n t6 ~h e~s~- set~ck of 15 feet, 2) 1~ th~ Road (~dj. to Pe~c Bay) ~V ~. R~qu~ for V~ances fro~ Article III Section ~I~(B & C) and die B~ld~g Ins~ctor's September 24, 2012 Notice of Disapp~va[ based week(s), successfully commencing on the Principal Clerk on an application for building permit to construct an addition lo an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the cede permitted square footage of 3 % maximum, located at: 1700 Park Avenue (adj. to Great Pe- conic Bay) Mattituck, NY. SCTM#1000- 123-8-5 · LI~,M. - - Request for Variance from Article XX/II Se,ctinn 280-124 and the Building Inspector s September 18 2012 Notice of Disapproval based on an applicat on for building permit for partial demolition and additions/alterations to an existing single family seasonal dwelling at: 1) less than the code required front yard set- back of 40 feet, both ~treets on this cor- ner lot, located at: 320 Fleetwood Road (eorn~f H~t6n ~venhe) Cut~hog~, NY. sCTM~1000410:4d3 ........ - Request for Varl- ances from Article XXIII Section 280- 124 and the Building Inspect0~'s July 27, 2012iUpda~ed OCtober 4~ 20~2 Notice of DiS~pr0val based on an application for beil~gperali{ for ,as built" shed and deck additi°n to an existing single fam- ily dwelling at: 1) less than the Code-re- qdi~d minimum side yard setback of 10 · Icct~ 2) less than the code required re'ar yard setback of 35 feet, lOCated atz 20~5 Bay Avenue (adj. to Mario~ Lake) East #~000-104-2-24, based on the Buildin Inspect°~'s Jnne 14, 202.2, updated $e~3g. tember 10; 2012 Notice of Disapproval, which states adjoiinng conforming or nonconforming lots held in Common (~wnershlp shail merge uatil the total Jot size conforms to the current buJk sched- ule (minimum 40,000 square feet in this R-40 ResidemiaJ Zone District) this int ]s merged with Io11000-104-2.23, located at: 1375 and ]475 Stealing Road (corner 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 Qualified In Suffolk County My Commission Expires February 28, 2016 Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2-24 & 23 . ~ ~ORP. ~ _ Request~or Vari- ance from Artlde XXH, Section 280- 116(B), §aged on the Building Inspector's August 14, 2012 N. otice of Disapproval concerning an application for construc- tion of a new single family dwelling at: 1) less dian the code-required minimum setback of 75 feet from a bulkhead, lo- cated at; 400 Old Cove Blvd. (comer Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY SCTMg1000-52.2-14 ~ - Request for Val- ance from Article XXIII Section 280-124 and the Building InspeCtor's October 2, 20~2 Notice of Disapproval ba~ed on an application for bui/ding permit for additions and alterations to an exist- lng dwelling at: 1) less than the code required from yard setback of 40 feet, both streets on this comer lot, located at: 1240 Inlet Drive (corner Miriam Road) Mattituck, NY SCTM#1000-99-2_6 The Board of Appeals will hear all .persons or their' representatives, desir- Ing to be heard at each hearing, and/or desiring to submit written statcment~ before the conclusion of each hearing. Each bearihg will not start earlier than designated above. F'des are available for review during regular business hours and prior to the day of the hearing. If you have qucatiom, please contaCt our office at, (631) 765-1809, or by emai[: Vicki-TothggTown. Southold.nv. us. Dated: October 17, 2012 ZONING BOARD OF APPEALS LESLIE KANF~ WEISMAN, CHAIR. PER~ON BY: VIcki To~ 54375 Maia Road (O~ice Locatioa) 53095 Main Road (Madla~g3$P~) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold wcbsite: http://southtown.north£ork.nct October 9, 2012 Re: Town Code Chapter 55 Public Notices for Thursday,November 1, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before October 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providinq the returned letter to us as soon as possible; AND not later than October 22nd: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October October 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 30, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 December 7, 2012 LeeAnn Romanelli P.O. Box 909 Southold, NY 11971 Re: ZBA # 6603 - Melly Lot Waiver Dear Ms. Romanelli: Enclosed is a copy of the Waiver of Merger determination, by the Zoning Board of Appeals rendered on December 6, 2012. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. A copy of this determination has been furnished to the Building Department for their permanent records. SincerelyQ IJ Vicki Toth Eric. Cc: Bldg. dept. 'ifa BROADWATERS COVE TOWN OF SOUTH~ HAYWATER COVE 67 . � L o SUFFOLK COUNTY CLERK , RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 11/12/2020 Number of Pages: 4 At: 09:53:25 APRT Receipt Number 20-0181302 TRANSFER TAX NUMBER: 20-09909 LIBER: D00013077 PAGE: 633 District: Section: Block: Lot: 1000 104.00 02.00 024.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0 .00 NO Comm.Pres $0.00 NO Fees Paid $520.00 TRANSFER TAX NUMBER: 20-09909 ;i THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County #E .l fi5 «i 'r3 .j ig i� d a,\RG q�anil S tl F,DEt D,n nil C o�1n�nt a);au+st L;r3ntnr--,Air-irAroJua,lir("vgwntinn , CONSl9.r\'t�CR l.1\Yl Ell RLIORE SI(.11Nt:I ITIS 61C1R11IENI•r)(I"INS I R41161TSllOI,ED nE 1 SCll rn'ht%t 1 f.Ri ONI,t' THIS INDENTURE,mode the day of DC J1�(,' ,'I wo Thousand and"1"wenlY. BETWEEN Joseph ill.ivlelly and Patricia Melly residing at:2390 Pine Tree Road,Cutchogue,NY 11935"and 957 Kessler parkway,Dallas, V T%75208 3 party of the first pact,and Peter John;Melly and Catherine tllelly,as husband andwife residing at:23 Edmark Court,Oakdale,NY 11769 patty of the second part, ' WiTNESSETII,that the party of the first part,in consideration her en grant 10.00) lease unto the valuable consideration paid by the party of the second part,does hereby f part),of the second part.tate heirs or successors and assigns of the party of the second part!(,raver- ALL that certain"plot,Piccc.qr paicel�O,f„land.,with the buildingsand improvements thereon erected,situate,`ly ing and bilin in`the: l SEE SCHEDULE A ATTACHED BEING AND INTENDED TO BE the same premises acquired by grantor in deed dated 12128!20,12 and recorded 02±012013 in Liber 12719 Page 528. SAID PREMISES KNOWN AS:1375 Sterling Road,Cutchogue,'NY 11935 District:1000 Section:104.00 Block:02.00 Lot:024.000 'I,OGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and � rr roads abutting the above described prerttises to the center lines thereof. •TOGETHER with the appurtenances and all the estate and rights ofthe party ofthe first part in and tosaid prernises; '� TO HAVE AND TO 11Ol,D the preintsek herein granted unto file party of tate second pan,the heirs or ., successors and assigns(,['tile part}'()fihc second part forever l t AND the party ofthe lint part covenants that the part oi'the first pan has not done or suffered anything 1! Mlereb\file aaid prcrnleus have been encumbered in any way whatever,except as aforesaid, u AND the party ofihe first pan,in conlpltance tvith Section 13(,['tile[,left Law,covenants that the patty of the ural paif %till recenc the consideration for this conveyance and will hold the right it) teceive tiuch comidet,ation w,a I111S1 fund to be applied lir;%to) flit:purpose ofpaying the cost of tlic ianpro\enacnt sad will apply file vane fir,f ro the payment of the cost ofthe impraYcutent before;using ani'putt ofthe total of file sante flit any olhcr pill pose n , rv't'lia 1vir�iV"paiiy".�ti.�t1.C)�conatr%i'ert a+it'ii_re:%rd"icarr�cs'„'\vlicii�'J�r,tlie:�gn6U,wl'tlri;:irtdcrrfut`��'u groctifixc.�, " ” IN WITNESS WHEREOF,the party ofilic first part has duly executed this decd the day and year first above tNnnen, IN IIRI'Sl \CI;OF: los p 1' 1.Mcily Pitticia Melly" " t- i S-i ATE OF NEW YORK } COUNTY gar SUrhtrl x ) On thea) Sday or ,S nI�M- in ttte dear 2020.before mc.tltc undcr,h cd.rx:nt nilly i rappeared,loseph M-aM IY,personally hno%�n to moor proved to nae on the basis of!,atia.frctory evidence to be the individtml{s)isIOsc nanists)ic.(ars:)%ubscrrbcd to this within instrument �irtd acknowledged to ttte that he".he'they excetuel tale s nme in his`herAheir t,apacity fies),and that b% s�l luter'tiaett signature(s)on the instr uttent,the individual(s).or the person upon behalf of which the indi�idual(s)nc,cd.exeemed(lie instrument. i 47 A'T l;O1'Ali l��a ) a' h ti= ri ter 'y`t)ltk: ss: d;;. N3>an7r304"Ql 1 ('01JNINO SUFFOLK ) z>""°fes q�oenxistenz�ep?rcw ti�WtL3u� � Ota the a7 S]ay c5f' in the year 2020. before nje. the undersigned_ { ' y apl3��arz 1 J:afaicaa 41e11},persoarally Lnowi to ane or puncd to aaae on the bzasas of satisfactory euidence�ia be"the-ndividuzal(s) whosciiante(s) is(atc) subscribed to the %vubm instrut}gent and acknowledged to nie that he:shelthWy, executed the same in hk/herltheir caPaclMles). and that by his/her/their signature(s) on the instruancnt. the indi%idual(s), or the person upon behalf of which the india iduai(s)acted,executed the instrument. -�`-x+%�;'a t3IIwu Johrsan \naaca;>utalir,StAL,of Nim York �'•�„sr,M,�'�Crmm�ivsin;aF�sire.�attrat:?�_� lir_<>Rra rzr;i LRro: rrs. r-Ptt7 2dv,�,� A 1 SCHEDULE A—DESCRIPTION--,--,,, _ ';may'^ 't, �-✓,^.' ,£ qq ALL that certain plot, piece or parcel of land,`with he bullding `'a'idnnprovemei = ° thereon erected, situate, lying and being in Peconic T©wn'ofSouth pld,°Couht�°of' Suffolk and State of New York and being part of fit ed Lots--,50' S'1 and.52'assh�w6w n_n"o'b`8-,W s certain map entitled"Map of Nassau Farms, situate at°Pec nic,;Suffolk°Ccrtirtty;`ttev+i`, York"dated January 31, 1935 and filed in the Suffolk County Clerk's bfi 'oti March9-,- �. 1935 as Map Number 1179. The part of lots when taken fo ether are mi ore fulls described as follows: BEGINNING at a concrete monument at the intersection of the northerly line,of,�Sterling Road with the easterly line of Norton Road and from said point of BEGINNING;7-a RUNNING THENCE along said easterly line of Norton Road north 23 degrees 50 min-ufes' �`° west 159.23 feet to a concrete monument; RUNNING THENCE along land of Warren Sterling on a line parallel to said northerly line of Sterling Road north 85 degrees 46 minutes east 123.41 feet to a concrete _monument; RUNNING THENCE southerly along land of Wiegands south 4 degrees 14 minutes east 150,00 feet to a concrete monument on said northerly line of Sterling Road; ; RUNNING THENCE along said northerly line of Sterling Road south 85 degrees 46 minutes west 70.0 feet to the point or place of BEGINNING. l �i Morlpfe.Arlt 2 A d6twil a 1 1•1 Stib Total Sub It 5,0 W c,/Add Dual Towr DU,11 Caul-v, 40d fwAppolintmer, 1h ffi,7 property co"wed b" 1), will be improved by a o;e faf lamily dwpllirir only Sub Total y NO,mc pare it- n 11,1 -11� 20044041 1000 10400 0200 024000 5 Commurfty PreservailonFune eta : �;jderwion Anxww i1 1RFCF 1�1ll�ll��l�lllllilllllllilllllllllllli illi l 111 1 —_� . 02-NOV.2(Y ("P111)"w,Due PHU kh-iii trvid(Li f CARVIrx, TO 3c—ama�v_ &L14 -To TD Title Company infortration NY 11901 Co Namc la� Suffolk County R -,,End ecordfirig &,,,End' f se'ment Page 'if thy` iLlacnQd M-,'I r, (SPECIFY TYPI OF INSI RUMEM) rile rifermse"herelf) 5 sil"'Jazetf in SI)FFOI,K C0014TY,N1 W YORF In the TOW,Of Lu) In thc-VJUAG[ t) R q 1)1 N,'51 Ai'., NK ONLY PRIOR 10 PECO R DI NG 0 L L