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cx- k-ese-r-Vow- "mo ( r7 CPYA q, -*e4q wr"LAt' 'r n1ev , T60 Sec a�09f , . - '/.13-115 57 4734 -FIsher.s. Island, New York Dec. 3, 1 Page ............... -GRANTED ..,permi s s ion to- divide jJ'sufficlGat- --frontage -on property E/S-ResexvoAx____'_ Island., -New York.,- Lot -No._J5-,.__... 1. s #,ge vairiaince m4LY b� in the Ifuture in reducing the present S. Zoning Ordin This i irequirements of the ;a should without prejudice to any furtheltireal -be reduced. without requirements-- BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth SchneiderCOUNTI http://southoldtown.northf6rk.net 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 ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FE 4 2015 Tel. (631) 765-1809 - Fax (631) 765-9064 l..L• FINDINGS, DELIBERATIONS AND DETERNIINATION svithold Town Clerk MEETING OF JANUARY 22, 2015 ZBA FILE: 6824 Applicant: Estate of William H. Wood, Jr., and Estate of Mary L. Wood Property Location: Reservoir Road (corner Winthrop Drive), Fishers Island, NY SCTM# 1000-9-9-11 &1000-9-9-13 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A14-25, and the Suffolk County Department of Planning issued its reply dated Dec. 29, 2014, stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of two parcels: specifically known as SCTM# 1000-09-011, containing +/-0.63 acres, situated in a R-80 Zone, and 1000-09-013, containing +/-0.68 acres, situated in a R-40 Zone. Lot 11 has +/-141 feet of westerly frontage on Reservoir Road, and is bounded on three other sides by adjacent residential properties. Lot 11 is currently unimproved. Lot 13 has +/- 150 feet of westerly frontage on Reservoir Road, +/- 192 feet southerly frontage on Winthrop Drive, and is bounded by lot 11 to the north, and another residential property to the east. Lot 13 is improved with a Fort Wright era, pre-existing, single-family dwelling, and a garage/shed. The two parcels are shown on the survey drawn by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated April 11, 2014, last revision dated Dec. 01, 2014. BASIS OF APPLICATION: - Request for Variances under Article II Section 280-9 & 10 and the Building Inspector's November 20, 2014, amended December 9, 2014 Notice of Disapproval based on an application for Lot Recognition, which states "the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation." 1) The deed for the proposed Lot was recorded on December 9, 1971, 2) Lot area is less than the minimum required size of 40,000 square feet, 3) the subject lot is merged with the adjacent lot (13). Page 2 of 4 — January 22, 2015 ZBA#6824 — Wood SCTM#1000-9-9-11 & 1000-9-9-13 RELIEF REQUESTED: The applicant requests an interpretation of Town Zoning Code Section 280-9 Lot Recognition, and Section 280-10 Merger, and Bulk Schedule 280 AA as these sections of Code are cited in the Building Department Notice of Disapproval issued to the Estate of W. Wood Jr. BACKGROUND INFORMATION: The subject properties SCTM# 1000-9-9-11 &1000-9-9-13 were originally contained within a large tract of land owned by the U.S Government named Fort H.G. Wright. Fort Wright was primarily situated on several hundred acres of land at the western tip of Fishers Island, NY, along with some other auxiliary parcels located elsewhere on Fishers Island. The land area of Fort H.G. Wright was developed in the 1870's as the beadquarters base of the US Army Coastal Artillery Defense network of fortifications that were built -at various locations, including installations on several offshore islands, such as Plum Island, Block Island, and Fishers Island. The network of forts provided for the protection of the waters of eastern Long Island Sound, Block Island Sound, and Fishers Island Sound, particularly during past times of war. After the end of WWII the US Army abandoned all of the Fort Wright fortifications as well as other parts of the Coastal Artillery Defense network. In 1959 The US Government General Services Administration sold to a private consortium named Race Rock Corporation almost all of the Fort Wright acreage, except for lesser holdings that were transferred to Fishers Island School and Fishers Island Ferry public tax districts. The Race Rock land acquisition from the US government included the parcels of land that are the subject of the current ZBA Appeal #6824. Race Rock Corporation developed subdivision plans that separated these parcels from their total Fort Wright land holdings, and then divided the area of the subject parcels into three separate parcels, as shown on the Race Rock Corporation subdivision plans included in the applicant's file. In prior ZBA appeal #734, dated Nov. 16, 1964, which was precipitated by Southold Town Building Department Notice of Disapproval issued on Nov. 2, 1964, Race Rock Corporation was granted lot recognition for, tract 4, aka lot 15, as shown on their subdivision plan drawn by Chandler & Palmer, dated April 22, 1964, that was cited for insufficient road frontage, 91.58 feet, where 100 feet frontage was required by Code. Tract 42 and Tract #3, aka lots 7 and 8, both met the 100 feet frontage requirement. On May 15, 1965 Race Rock Corporation sold these exact three parcels to Michael B. Maw. Subsequently, Michael B. Maw then by deed transferred the parcels to William H Wood Jr. and Mary L. Wood in 1971. Tax lot 11, with +/- 0.63 acres, was created by deed to William H. Wood Jr., dated Nov. 26, 1971, and recorded Dec. 9, 1971. Tax lot 13, with +-0.68 acres, was created by deed to Mary L. Wood, dated Nov. 26; 1971, and recorded Dec. 9, 1971. The two new parcels in combined total size equals the +/-1.32 acres of the original three parcels. William H. Wood Jr. died on March 3, 2013, leaving lot 11 solely to the Estate of William H. Wood Jr. Mary L Wood died on April 27, 2013, leaving lot 13 solely to the Estate of Mary L Wood. These two parcels, SCTM# 1000-9-9-11, and 1000-9-9-13, are now the subject of this ZBA Appeal #6824 based upon the applicant's request for an interpretation of the status of lot recognition and the question of merger of the parcels. FINDINGS OF FACT/ DETERMINATION: The Zoning Board of Appeals held public hearings on this application on January 8, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Zoning Code 280-9 Lot Recognition states that "A. A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: [1] The identical lot was created by deed recorded on or before June 30, 1983, and the lot conformed to the minimum lot requirement[s] set forth in Bulk Schedule AA as of the date of lot creation. Page 3 of 4 - January 22, 2015 ZBA#6824 - Wood SCTM#1000-9-9-11 & 1000-9-9-13 [2] The lot[s] in question is/are approved by the Southold Town Planning Board. [3] The lot[s] in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30; 1983. [4] The lot[s] in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983." 2. In reference to the question of Lot Recognition the following facts are pertinent: A. The land that originally included what is now known as SCTM parcels 1000-9-9-11, and 1000-9-9-13, was acquired by Race Rock Corporation from the US Government General Services Administration on April 16, 1959 as a much larger tract, in Fort HG Wright, with the title deed recorded on April 22, 1959. B. In a subdivision plan submitted by Race Rock Corporation, drawn by Chandler & Palmer, dated April 22, 1964, three parcels were divided from the total acreage of Race Rock land holdings in old Fort Wright. These were known as lots 7, 8, and 15. C. In ZBA appeal #734, dated Nov. ' 16, 1964, Race Rock Corporation was granted lot recognition for the only one of the total of three parcels, tract #4, aka lot 15, of the proposed subdivision that was cited for insufficient road frontage, on Reservoir Road, 91.58 feet, where 100 feet frontage was required by Code. The parcel was then referred to as lot 15 as shown on their subdivision plan drawn by Chandler & Palmer, dated April 22, 1964. The other two parcels known as lots 7 and 8 had sufficient road frontage. D. On May 15, 1965 Race Rock Corporation sold these exact three [3] parcels, totaling +/- 1.32 acres, to Michael B. Maw, with the title deeds recorded on April 28, 1965. E. Michael B. Maw sold the same +/-1.32 total acreage to William H Wood Jr. and Mary L. Wood on Sept. 15, 1971 with the title deeds recorded on Nov. 03, 1971. F. Tax lot 11, with +/- 0.63 acres, was created by deed to William H. Wood Jr., dated Nov. 26, 1971, and recorded Dec. 9, 1971. Tax lot 13, with +-0.68 acres, was created by deed to Mary L. Wood., dated Nov. 26, 1971, and recorded Dec. 9, 1971. G. It has been established by the factual information. contained in the applicant's #6824 file that the two lots 1000-9-9-11 & 13 were created on Nov. 26, 1971 by two separate deeds. The two. lots therefore meet the criteria stated in Town Code 280-9 Lot Recognition of being created before June 30, 1983. H. At the time of creation, Nov. 26, 1971, Tax lot 11 and tax lot 13 met the Town of Southold Bulk Schedule AA for the Zoning Code required minimum conforming lot size of 12,500 sq. ft. I As referenced in the Building Dept. Notice of Disapproval, the Bulk Schedule AA states that lots created between Dec. 2, 1971, and June 30, 1983 must meet a 40,000 sq. ft minimum lot size. However, although the deeds to the two subject lots were recorded on Dec. 9, 1971, the two lots were actually legally created by deed on Nov. 26, 1971, and at that time both lots met the Town of Southold Bulk Schedule AA for the Zoning Code required minimum conforming lot size of 12,500 sq. ft. 3. In reference to the question of Lot Merger the following facts are pertinent: A. Town Zoning Code 280-10 Merger states "A. Merger. A nonconforming lot shall merge with an adjacent lot which has been held in common ownership with the first lot at any time after July 1, 1983." B. Tax lot 11, with +/- 0.63 acres, was created by deed to William H. Wood Jr., dated Nov. 26; 1971, and recorded Dec. 9, 1971. Tax lot 13, with +-0.68 acres, was created by deed to Mary L. Wood, dated Nov. 26, 1971, and recorded Dec. 9, 1971. Page 4 of 4 — January 22, 2015 ZBA#6824 — Wood SCTM#1000-9-9-11 & 1000-9-9-13 C. The two lots have remained in single and separate ownership since 1971. At the time of his death on March 3, 2013, lot 11, owned by the deceased William H. Wood Jr. was transferred to the Estate of William H. Wood Jr. At the time of her death on April 27, 2013, lot 13, owned by the deceased Mary L. Wood, was transferred to the Estate of Mary L. Wood. D. Each lot has historically been assessed, and is currently assessed, as a separate lot by the Town Assessor's office. When the Town of Southold re -zoned the neighborhood, lot 11 was placed in a R-80 zone, and lot 13 was placed in a R-40 zone. Each of the two subject lots is equal to or larger in size than many of the other lots in the adjacent neighborhood. DETERMINATION Based upon the FINDINGS OF FACT cited above, the Zoning Board of Appeals hereby makes the following interpretation of the code: 1. Tax lots 1000-9-9-11 & 13 were created by separate deeds on Nov. 26, 1971, prior to Dec. 2, 1971, and at that time both lots met the Town of Southold Bulk Schedule AA for the Code required minimum conforming lot size of 12,500 sq. ft. Therefore the grant of a variance is not necessary at this time for lot recognition. 2. Tax lots 1000-9-9-11 & 13 were created by separate deeds on Nov. 26, 1971, prior to Dec. 2, 1971. Based upon the facts and documents submitted into the #6824 file application, the two lots have remained in single and separate ownership since 1971. Therefore, this Board has determined that tax lots 1000-9-9-11 and 1000-9-9-13 have not been merged at any time after July 1, 1983. RESOLUTION OF THE BOARD: In considering all of the above factors motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried, to Recognize that the subject lots were legally created and recorded, they do not require a variance and they are not merged. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was Member Goehringer). This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Ch6rperson Approved for filing / /� /2015 JAN 0 0 2015 Steven Bellone SUFFOLK COUNTY EXECUTIVE BOARD OF APPEAL Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner December 29, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Division of Planning and Environment Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not' be construed as either an approval or disapproval. Applicant Municipal File Number 115 Commerce Dr. LLC/2232 Rose Bnok Farm LLC 6823 Estate of William Wood Jr. Nikolakakos, Stelios & Penelope Teperman, Lewis Pavlou, Andreas Nappi, Rick 860 Bayview Drive LLC Turner, David TRK/cd 6824 6825 6826 6827 6828 6829 6830 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 QUALITY CONTROL CERTIFICATION GROUP R EWED D TE PROJECT MANAGER SURVEY 'WIN IV ENVIRONMENTAL CIVIL STRUCTURAL ARCHITECTURAL EL I ZA5ETH FIELP AIRPORT I I'- E N O N U m N C 00 N W m N C C O N d U EN 10 co F- N U m o .D U� U @ o= (n U) o W 3: > ai cu c J j N � .Qto E2 cu UW N Cc7 co M LOCATION MAP SCALE 1 "=400' MAP REFERENCES 1.) PLAN OF ROAD DEDICATION AT FORT H.G. WRIGHT PROPERTY FOR RACE POINT CORPORATION FISHERS ISLAND- TOWN OF SOUTHOLD, NEW YORK SCALE Q 1"= 40 FEET CHANDLER & PALMER, ENGR'S NORWICH, CONN APRIL 22, 1964, p ADDITIONS MAY 29, 1964, ADDITIONS JULY 14, 1964.Q O ¢O NOTES O O w Lx 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED O O HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO > O BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE Of W ENGAGEMENT. Q � Ld Ld 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, Q Z UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO :2 ALTER AN ITEM IN ANY WAY.-4dp" Lj 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S > d J Q SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF W p (n THE LAND S;;^n',fTY0R. U) Q� _ 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC p SURVEY TRIANGULATION STATION "PROS" Q Of _ 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, 0 iii Z � SECTION 009, BLOCK 9, LOT 11 AND LOT 13. O w z 6.) SITE IS LOCATED IN ZONING DISTRICT R-80.7Kir, V i P` N/F o/w NOW OR FORMERLY OVERHEAD WIRE EDGE OF GRAVEL EDGE OF PAVEMENT 30 15 0 30 GRAPHIC SCALE IN FEET Z O Z a O U V) Li — o U) N W — Q > z w W 04 o a I o O I N Rim Q � O �I Q O p N 00 O Q N I I m I I m W O ~ O 0 0 J O Z Z W L� 0 0 a w O IY O W Of 2 O m Im O 0 U 0 DATE: 04/11/2014 SCALE: 1 " = 30' SHEET: 1 OF 1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Twomey, Latham, Shea, Kelley,Dubin, Quartararo for Estate of W. Wood Jr. P O Box 9398 Riverhead, NY 11901 BOARD OF APPEALS Date: November 20, 2014 Amended: December 9, 2014 Please take notice that your application dated November 12, 2014 For lot recognition at Location of property Reservoir Road, Fishers Is., NY Tax Map No. 1000 — Section 9 Block 9 Lot 11 & 13 Is returned herewith and disapproved on the following grounds: The subject lot is not recognized pursuant to Article II, Section 280-9 which states: "A lot created by deed or Town annroval shall be recognized by the Town if anv of one of the following standards apply and if the lots have not merged. (1) The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30 1983 and the lot conformed to the minimum lot requirements set forth in the Bulk Schedule AA as of the date of lot creation." The deed for the proposed subject lot was recorded in the County Clerks Office on December 9, 1971. The subiect lots do not meet the minimum 40,000 sq. ft. size lot requirement. Also, Pursuant to 280-9C, all lots are subject to merger provisions of 280-10 (6). The subject lot & adjacent lot are merged. Authorized Signature CC: File, Z.B.A. � 00 FORM NO. 3 RECEI�aVE TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. BOARD OF APPEALS NOTICE OF DISAPPROVAL Date: November 20, 2014 TO: Twomey, Latham, Shea, Kelley,Dubin, Quartararo for Estate of W. Wood Jr. P O Box 9398 Riverhead, NY 11901 Please take notice that your application dated November 12, 2014 For lot recognition at Location of property Reservoir Road, Fishers Is., NY Tax Map No. 1000 — Section 9 Block 9 Lot 11 Is returned herewith and disapproved on the following grounds: The subject lot is not recognized pursuant to Article II, Section 280-9 which states: "A lot created by deed or Town approval shall be recognized by the Town if any of one of the following standards apply and if the lots have not merged. (1) The identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30 1983 and the lot conformed to the minimum lot requirements set forth in the Bulk Schedule AA as of the date of lot creation." The deed for the proposed subject lot was recorded in the County Clerks Office on December 9, 1971. Also Pursuant to 280-9C all lots are subject to merger provisions of 280-10 (6). The subject lot & adjacent lot are merged. Authorized Signature w Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Street No # Reservoir Road Hamlet Fishers Island SCTM 1000 Section 9 Block 9 Lot(s) 11 Lot Size 27,406 Zone R-80 AMENDED I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 12/9/2014 BASED ON SURVEY/SITE PLAN DATED 4/11/2014 Applicant(s)/Owner(s): Estate of William H. Wood, Jr. Mailing Address: c/o Twomey. Latham, Shea, Kelley, Dubin Quartararo LL. 33 West Second Street. Riverhead, NY 11901 Telephone: 727-2180 ext 269 Fax: 727-2385 Email: khoeg@suffolklaw.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Karen A. Hoeg. Esq. for (X) Owner( )Other: Address: c/o Twomev. Latham. et al. 33 West Second Street. Riverhead. New York 11901 Telephone: 727-2180 ext 25L Fax: 727-2385 Email: khoeg@suffolklaw.com Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (X) Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4/11/2014 and DENIED AN APPLICATION DATED 12/9/2014 FOR: ( ) Building Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction (X) Other: lot area Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: (X) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal (X) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 734 Year(s). November 16. 1964 . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# N REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: The lot has existed in its current size since November 26, 1971 and is similar in character to many other lots in the area including adjacent parcels. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The Town Code lot creation provisions state that although the deed was dated November 26, 1971, the lot was recorded 7 days after the time period in the Bulk Schedule AA. The Town interprets the date of recognition as the recording date. The property as of December 2, 1971 needed to meet the 40,000 sq.ft. lot requirements. 3. The amount of relief requested is not substantial because: The lot has been the current lot size since November 26, 1971 when it was transferred by deed to William H. Wood, Jr. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The lot is a residential vacant lot surrounded by lots containing single family residences. There would be no adverse effect or impact on the physical or environmental conditions in the neighborhood if the requested variance was granted. 5. Has the alleged difficulty been self created? { ) Yes, or {� No Why: When the lot became a separate lot by deed dated November 26, 1971 it was not recorded in the County Clerk's Office until December 9, 1971. At that time, the size of the lot therefore did not comply with the Bulk Schedule AA requirements of 40,000 sq.ft.. The Bulk Schedule AA was not established until November 28, 1995. Are there any Covenants or Restrictions concerning this land? /f *No ( ) Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at character of the neighborhood and the health, safetyt� (Agent Sworn to before me this 9 day of DP AMher > 20_4_. c Notary Public HELEN E. BIELING U Notary Public, State of NewYofk No. 01815058968, Suffolk County Term Expires 04/22/ 1 T time prrve and protect the oftc t or Authorized Agent Sulnut en Authorization from Ownek Kare A. Hoeg // ` RECEIVED WAIVER TO UNMERG.E PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION 1S BASED ON THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR. DATED November 20, 2014 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATEDNovember.l2,_20141nder Town Code Chapter 280 (Zoning), Article 11, Section 280-9/10 for: Building Permit Permit for As -Built Construction Certificate of Occupancy Pre -Certificate of Occupancy lk Other -- APPEALS Owncr ofParcel for Waiver: Estate of William H. Wood Jr. Owner of Adjacent Parcel: Estate of Mary Wood Note: If applicant is not the owner, state if applicant is owner's attorne:: ,agent, architect, builder, contract vendee, etc. Mailing Address: Karen A. Hoeg, Esq - Twomey, Latham, et al, 33 West Second Street Riverhead NY 11901 — _. 1`elephone No: 727-2180 x 269 _ Fax/Email-127-2385 r — Agent for Owner: Karen A. Hoeg, Esq. Address: Twome , Latham et al, 33 West Second Street, Riverhead, New York 11901 Telephone No: 727-2180 x 269 Please specify who you wish correspondence to be mailed to, from the above: Owner, orxl Authorized Representative I (we), Nancy Wood, William H. Wood, III, Richard Wood, Ancillary Executors under the Last Will and Testament of William H. request that the Zoning Board of Appeals waive the merger and recognize the original Wood, Jr., deceased lot lines under the provisions of Article 1I, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for Suffolk County Tax Map District 1000, Section s Block 9 Lot 11 _ containing _27,406____ square feet located at #/ Street Reservoir Road, Fishers Island and for District 1000 Section __ ..... .._..._.........._................. Block. __9 Lot 13 containing 2s.�ss2 _..._ square feet. The property is located in the _R -Fin Residential Zone District. Lot 13 is located in the R40 zone. 0 Page 2 — APPLICATION FOk WAIVER TO UNMERGE PROPERTY 0 zBA I R FCEIVEi 101 BOARD OF APPEALS The lot to be unmerged was originally created by deed dated November 26. 1971 , is vacant, and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation. The lot to be unmerged 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 improved lots in the neighborhood because: Lots along Winthrop Drive and Reservoir Road are of similar shape and size. The adjacent improved parcels and lots across the street on Reservoir Road are of similar size. (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 lot has historically been treated as a separate vacant residential lot. It has its own tax map number and has been assessed by the Town of Southold as a separate lot since 1965. When the Town of Southold rezoned the property lot 11 was placed in an R-80 and lot 13 in a R-40 zone. See Zoning Map of November 30, 200.4. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: It is similar to surroundi Ug gperties and has been treated as a separate lot since November 26, 1971. The subject lot has its own tax map number and Town taxes have been assessed separately. Please check one or more of the following that apply to the lot to be unmerged: This lot was formerly approved by the Southold. Town Planning Board on (attach copy). Cl This lot was approved or shown. on a map approved by the Southold Town Board during 19_ (attach copy). L, This tot was approved by the Board of Appeals on _ (please attach). :J A search of Town records found no approvals or other action by the Town of Southold, except for Application # 734 in the Year 1964 (please attach copy). 9 Page 3 -APPLICATION FOk .dAIVER TO UNMERGE PROPERTY Build! Permit • RECEIVED ZI3A#--- -- 'BOARD OF APPEAL IX A search of Town records found a 19ccavancy,was issued 2 / 8 / 85 lbr a dwelling or other purpose on SCTM Lot N 13• (please attach copy). (Attach additional sheets if needed). Owijer (Parcel t) cy wood Sworn to before me tl ' alb day of DOROTHY K SF -GAR NDtary Public. State of Connecticut NotayPublic Sy Commission Expires Sept. 30, 2015 f� Owner (Parcel 2) Wiliam H. Wood, III Sworn to before a this—'Ko� day of Notar blit DOROTHY K SEGAR Notary Public, State of Connecticut ivty Commission Expires Sept. 30, 2015 House on Lot 13 Is pre-existing ZBA I.�J95; 3/06; 11108(- 0, . so M APPLICANT'S PROJECT DESCRIPTION�� APPLICANT: Estate of William H. Wood, Jr. DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A IL New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): N /A Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 t RECEIVED LOT WAIVER QUESTIONNAIRE p2� I= ' BOARD OF APPEALS e What are the square footage and dimensions of this lot (subject of building department merger application): ?I.Aos s.f. 140.88 ft. by 233.35 Date of first deed which created this lot: November 26, 1971 Date of current deed to present owner: Owners' names of lot at current time: Date and name of subdivision (if any): Size of remaining lot in the merger: November 26, 1971 William H. Wood, Jr. NIA _28 9; s.f. Were there any building permits Issued in the past for this lot: Yes _ No If yes, please provide copy of former permit and map approved. VACANT W ,ere there any County Health Department approvals in the past for either lot? Yes No x . If yes, please provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes _, No c_. 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 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? 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. (Copies noted above are ached.) ;, Dated: I11Z71 zsasw1�9 Own is Signatpre�Gl i A. 0 A I� QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Lot 11 is in Contract Are there any proposals to change or alter land contours? _X_No Yes please explain on attached sheet. • t RECEIVED Aga BOARD OF APPEAL 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? N/A 3_) Is the property bulk headed between the wetlands area and the upland building area? _ _ N/A 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? N/q 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? Nn L. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?_Na Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If Yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. 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. II. 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. See attached I. Please list present use or operations conducted at this parcel residential vacant and the proposed use residential tex: existing single family, proposed: same with AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD C'EIVED �$a 'BOARD OF APP ALS WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site plan approval, use variance,., or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district" All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. i 1) Name of Applicant: 2) Address of Applicant:_^ C[�� , 3) Name of Land Owner (if other than al 4) Address of Land Owner: 66 �—' 5) Description of proposed Project: s� =00 6) Location of Property (road and tax map number): 1_0 Qa - S -11 7) Is.the parcel within an agricultural district? KNo ❑Yes If yes, Agricultural District Number 8) Is. this parcel actively farmedA4-No ❑ Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town. Mall 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 Address 2. 3. 4. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers a obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or i of A peals at 765-1809. Siiiiiture of Aim ' nt Date Note: `� 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending 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 0 • 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing 0,10 1 r RECEIVED ' bq4 BOARD OF APPEALS Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part I. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part l based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part l - Project and Sponsor Information Estate of William H. Wood Jr. Name of Action or Project: Estate of Wood Project Location (describe, and attach a location map): No # Reservoir Road, Fishers Island SCTM No.: 1000 - 9 - 9 - 11 Brief Description of Proposed Action: Waiver of lot merger and lot recognition Name of Applicant or Sponsor: Telephone: 727-2180-x269 E -Mail: Karen A. Hoeg, Esq. Address: c/o Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, P.O. Box 9398, 33 West Second Street City/PO: State: Zip1C d : Riverhead 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: X 3.a. Total acreage of the site of the proposed action? 0.63. acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres Lot 13 - Estate of Mary L. Wood 0.68tacres 4. Check all land uses that occur on, adjoining and near the proposed action. • Urban o Rural (non -agriculture) o Industrial o Commercial M Residential (suburban) p Forest o Agriculture o Aquatic o Other (specify): ❑ Parkland Page 1 of 4 0• 0• S. Is the proposed action, a. A permitted use under the zoning regulations? ? W � ] � b. Consistent with the adopted comprehensive plan. NO YES N/A X 6. Is the proposed action consistent with the predominant ch ter o tine existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X X X 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: N/A NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: N/A NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES X 12. a. Roes the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES X im, 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: © Shoreline ❑ Forest 0 Agricultural/grasslands ❑ Early mid -successional ❑ Wetland 0 Urban ® Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? 0 NO 0 YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: 0 NO 0 YES N/A NO YES X Page 2 of 4 00 00 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _ t'ECEIV ED NO X ARD OJ APPEALS NO YES l7 OMIM&`. X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na K — Date: December 2 2014 Signature: Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part i and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?' Page 3 of 4 No, or Moderate small to large a k` 3r € .. impact impact r , may may occur occur F 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 00 RECEIVED Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate small to large impact impact BOARD OF APPEALS may "lay occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? I 11. Will the proposed action create a hazard to environmental resources or human health? = Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 BOARD OF APPEALS Board of Zonine Anneals Anniication AUTHORIZATION (Where the Applicant is not the Owner) jNancy A. Wood. as one of the Ancillary' residing at //7 �) �E—" r� Print propertyowner's name) (Mailing Address) 660 do hereby authorize Karen A. Hoeg, Esq., of Twomev. Latham, (Agcnt) Shea, Kelley, Dubin & Ouartararo LLP to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. L er's Signature) Nancy A. Wood, as one of the Ancillary Executors under the Last Will and Testament of William H. Wood Jr., deceased (Print Owner's Name) Executor under the Last Will and Testament of William H. Wood Jr., deceased RECEIVED F BOARD OF APPEALS Board of Zoning Anneals Application AUTHORIZATION (Where the Applicant is not the Owner) 1 Wiliam H. Wood, 111, as one of the Ancillary' residin g OwX at (Print property owner's name) (Mailing Address) do hereby authorize Karen A. Hoeg. Eso., of Twomey, Latham, (Agent) Shea, Kelley, Dubin & Quartararo LLP to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) William H. Wood. 111, as one of the Ancillary Executors under the Last Will and Testament of William H. Wood Jr., deceased (Print Owner's Name) Executor under the Last Will and Testament of William H. Wood Jr., deceased AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM . RECEIVED BOARD OF API EALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the nart 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. 1 YOUR NAME : (Last name, first name, middle initial, unless you are applying in.tRe name of someone1 or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) `, j ('(,I k�W ,r— Planning 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 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/agent/representative) 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 that 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 Submitted this 2,day of 00-L Signature Print Name KaLA�2u:m -a 0 2�-, CEIVED k' pE Jl.o O APPLICANT/OWNER �� 0� �Q�FA� C TRANSACTIONAL DISCLOSURE FORM B04 RD Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose orchis farm is to Provide information which can alert the town of possible conflicts of Interest and nilow it to take whatever action is necessary to avoid same. YOUR NAME : Nancy A. Wood, as one of the Ancillary Executors under the Last Will and Testament of William H. Wood, Jr. (Last name, first name, middle Initial, unless you are applying is the name of someone else or other to lily, such as a deceased company. IFso. Indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning 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 tate town officer or employee owns more than 5% of the shares. YES NO If No, sign and date below. If 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 (tire applicant/agent/representative) and tate town officer or employee. Either check the appropriate line A) through D) and/or describe in tate 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 that S% of the shares of the corporate stock of the applicant (when the applicant is a corporation) Q) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) Q an officer, director, partner, or employee or the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this = day of , 20� Signature Print Name _Wanny A end. ac nno of tha AneQnrj FYarufnrc unrtar the Last Will and Testament of William H. Wood. Jr., deceased APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM atECEIVIE�� l0 BOARD OF APPEALS The Towq of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnloyees. 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 NAIVE : William H. Wood, ill, as one of the Ancillary Executors under the Last Will and Testament of Mary Wood, deceased (Last name, first name, middle initial, unless you are applying In the name of someone else or other entity, such as a company. If so, Indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning 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 S% of the shares. YES NO X If No, sign and date below. If 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 (tile applicant/agent/representative) 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 that 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) Q an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of✓2016 _, Signature Print Name unutaMH wrort uL as one, of the Ancillsty Executors tinder the Last Will and Testament of William H. Wood. Jr., deceased fcnrn ol'Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS BOARD 0F" WEAZtS 1. 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 rrrrd other ministerial permits not located within the Coastal Erosion Hazard .I rea. 2. Before answering the questions in Section C, the preparer of this forms should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. 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 'witli 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 SCTN14 s - 9 - 11 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. 0 Board of Trustees ❑ Category of Town of Southold agency action (check appropriate response): (a) Action. undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) P ermrt, approva ,-license, certr icatron: Nature and extent of action: R RECEIVED I.,ocation of action: Reservoir Road, Fishers Island Site acreage: 0.65 acres Present laud use: vacant residential BOARD OF APPEALS Present zoning classification:_—R-Bo __._.._......._._._ ___.___._ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:__Karen x Hoea.. agent __._..... ... __ __....-._.._..—_. (b) Mailing address: Twomey, Latham Shea Kelley_,Dtthin.& QuanararolLP_,-P-CLBox..9a9B 33 West Second Street,Riverhead New York 11901 __.__..._._.._.._...............___..__._.._.._.__.._............ ___.__.___.._ (c) Telephone number: Area Code (63) 727-2180 x (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes, which state or federal agency? 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 Policy 2: Protect and preserve historic and archaeological resources of the Town of Southold. See LVVRP Section III – Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWKP Section III — Policies Pages 6 through 7 for evaluation criteria RECEI D F] Yes ❑No xNat Applicable mal ----_------- ___..-----...` _...--.-.- --BO-ARD-OF APPEALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. ]Minimize loss of life, structures, and natural resources from flooding and erosion. See LWKP Section 111— Policies Pages 8 through 16 for evaluation criteria n Yes F] No X1 Not Applicable Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Frown of Southold. See L,WRP Section III — Policies Pages 1.6 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 LWR.P Section III — Policies;_ Pages_ 22 through 32 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary p,�U 'y Policy 7. Protect and improve air quality in the Town of Southold. See LNN'RP Se i�11 IIT _%des -APPEALS 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 I..WRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No [X] Not Applicable PUBLIC COAST POLIC':IES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L,WRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No El Not Applicable Attach additional slieets if necessary `'FORKING COAST POI:,ICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No '❑ Not Applicable _ 0 RECEIVED Attach additional sheets if necessary Rq BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See I.,W.RP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No Fxl Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 0 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 [ X1 Not Applicable Created on 5125105 11.:20 AM 00 FORM N10. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL RECEIVEI 6 BOARD Op APPEALS FileNo . ........... ............ .... ... .............................. Date ........ ........... ... November ..... 2 ........ 19--64. To 11r.... James P... Manning ..... A/C...Race. Point Corp ........ . 1.... Cha*e ... ALM. a-ttan-.-Flaza ............ .......... New ..York ....... NO.Y&.. L00015 .................... PLEASE TAKE NOTICE that your application dated ....... ......... Oatober ..... 27 ..... 19-41k. Tract 4 for permit to gctx)0n* ..... divide .... 140ts ....... at the premises located at proposed3rd lot N/Winthr6p dr4tTePsehown on upp by Chandler & Palmer d&tigd',"ffiitit."":L964**'&U**iiTgi5**'i*h6wn on a proposed subdilsision map by Chandler mapft..,H.G.Wr ght .. ......... Bloc"219ner.-dat6d ... ATwil. 22 -9_1964 --ax -lot.* 36 I'l, I r I MN ow, 1 111-89 disapproved on the followinf, groun& .... imuff-le'lent-frontage Article .. 111,9 ... Section..303 ... &--Ar-t.X--A&ct1-on--100QL ........... .......... ............... ............... . . ...... . .........L ...... I" Building Inspector • RECEIVED if Chicago Title Insurance Services, LLC f BOARD OF APPEALS TITLENO: C14-7474-15636-SUFF District: 1000 Section: 009.00 Block 09.00 Lot: 011.000 Town of Southold. New York Gentlemen: Chicago 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 disclose no other further conveyance of any of the foregoing lots other than as set forth. Chicago T:tfe Insurance Services, LLC certifies that the above -captioned property has been in single and separate oxvnership of the Estate of William 11. Wood, Jr. and his/her predecessors in title since prior to 10/14/57 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 -hive Thousand Dollars ($25,000.00) and no policy of title insurance can be issued based upon the information contained in the Certificate. Dated: 09/28/14 Chicago Tit nsurance Services, LLC %C�LC- SS Alexandra A. Bossung Sworn to before me this 2 ber, 2014 N4ry 1' c ---- - %w;ij "g1til c, Stag of P ee.v "';, - ,.0. 472904- �;ualii"cam in `.��Js'folV�iol•;t ; 0 '1 F RECEIVED 00 Chicago Title Insurance Services, LLC BOARD OPAVILS TITLE N0: C14 -7474 -15636 -SUFE STATE OF NEW PORK) ss: COUNTY OF SUFFOLK) ,4kandraA. Bossung, being duly s-,.vorn deposes and says: That lie/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: SC"f\,1 1000-009.00-09,00-011.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 10,114/57. SUBJECT PREMISES: 1000-009.00-09.00-011.000 'Property was assigned to General Services Administration of Disposal pw-suant to the Federal Property )%dministrative Services Act of 1949, 63S`fAT377 (affects premises and more). United States of America, acting by and through the Liber 4615 page 283 Administration of General Services Dated: 04/16/59 TO Recorded: 04/22/59 Race Point Corporation (premises and more) Race Point Corporation Liber 5736 page 441 1'O Dated: 04/15/65 Michael B. Maw Recorded: 04/28/65 (premises and more) Chicago Tit& insura Services, LLC SSLcn.c� Alexandra A. Bossung Sworn to before me this 22nD If Octo er 2014 Nota/y Pub c RECEIVED Chicago Title Insurance Services, LLC SoZ`� BOARD OF PPEALS v TITLENO: C14 -7474 -15636 -SUFI N-lichael B. Maw Liber 7039 page 134 TO Dated: 09./ 15/71 William H. Wood, Jr. and Mary L. Wood, his wife as Recorded: 11:0"71 tenants in common, each having an undivided 1/2 (premises and more) interest Mary L. Wood, as to her % interest Liber 7064 page 298 TO Dated: 11.126,171 William H. Wood, Jr. *' Recorded: 12/09/71 LAST DEED OF RECORD **Mary 1_. Wood died 04/27/13, Surrogates File No. '2013-3274. Ancillary Letters Testamentary issued 09/12/13 to Nancy A. Wood, William 1-1. Wood, 111 and Richard L. Wood. Chicago fe ZI Turance Services, LLC Alexandra A. Bossung Sworn to before me this 22°d v f Octo r. 2014 Nott y Publ� ;ILi;f, _. C� RECEIVED k: Chicago Title Insurance Services, LLC BOARD OF .APPEALS T1TLE1\O: C14 -7474 -15636 -Suri SUBJECT PREMISES: 1000-009.00-09.00-013.000 *Property was assigned to General Services :Administration of Disposal pursuant to the Federal Property Administrative Services Act of] 949, 63STAT377 (affects premises and more). United States of America. acting by and through the Liber 4613 page 283 Administration of General Ser --vices Dated: 04/1 6/59 TO Recorded: 04.122/59 Race Point Corporation (premises and more) Race Point Corporation Liber 5736 page 441 TO Dated: 04115/65 /65 Michael B. Mary Recorded: 04/28/65 (premises and more) Michael B. Mary Liber 7039 pace 134 TO Dated: 09/15/71 William H. Wood, Jr. and Mary L. Wood, his wife as Recorded: 11/03/71 tenants in common, each having an undivided 1/2 (premises and more) interest William H. Wood Jr. Liber 7064 page 295 TO Dated: 11/26/71 Mary L. Wood Recorded: 12/09/71 LAST DEED OF RECORD **William I-1. Wood. Jr. died 03/03/13, Surrogates Court No. 2013-3284, Ancillary Letters issued to Nancy A. Wood, William H. Wood, III and Richard L. Wood on September 12, 2013. Chicago itfe urance Services, LLC 1 SS� Alexandra A. Bossung Sxvorn to before me this 22Wer. 2014 Nlry P7 t.IN i; 00 * I* '` RECEIVED- Chicago Title Insurance Services, LLC BOARD OFday TITLE NO: C14-7474-15636-SUFP PEALS PREMISES NORTH: 1000-009.00-09.00-010.000 *Property was assigned to General Services Administration of Disposal pursuant to the Federal Property Administrative Services Act of] 949, 63STAT377 (affects premises and more). United States of America, acting by and through the Liber 4615 page 283 Administration of General Services Dated: 04/161'59 TO Recorded: 04/22/59 Race Point Corporation (premises and more) Race Point Corporation Liber 5661 page 457 TO Dated: 10,123/6=1 Kenneth A. Peterson Recorded: 12/02/64 *Kenneth A. Peterson died 11/27/89, Surrogates Court No. 1023P40. Malcolm G. Brown as domiciliary Executor of the Last Liber 11210 page 419 Will and Testament of Kenneth A. Peterson Dated: 09/17/90 TO Recorded: 01/28/91 Martha P. L.itch LAST DEED OF RECORD i Chicago Titleur Services, LLC mlvdko- _ S!7 Alexandra A. BOSSunv Sworn to before me this 22"d ay f Octo er, 2014 Notary- Publi . • • RECEIVED Chicago Title Insurance Services, LLC BOARD OF APP44 TITLENO: C14 -7474 -15636 -SUFE PREMISES EAST: 1000-009.00-09.00-016.000 Katharine R. Salvage TO Lila W. NVilmerding Liber 2682 page 395 Dated: 02/24/47 Recorded: 03/06x47 (premises and more) *No proof of death vs. Lila W. Wihnderding. *John C. Wilmerding died 08/10/65, Nassau Count}. .John C. Wilmerding, Jr.. lila W. Kirkland and John C.Liber 6135 page 1 ] 7 Wilmerding, Jr. and Bankers Trust Company as Executors Dated: 03x25/67 And 'Trustees for the Benefit of James W. Wilmerding Recorded: 04/06/67 assignor under the Last Will and Testament of John Cume (premises and more) Wilmerding, deceased TO Frances B. Rauch Frances B. Rauch TO John C. Evans Sworn to before me this 22"� • 40f Octo �r. 2014 C' Nota y Publr - }r.: nr;r ... Liber 6902 page 219 Dated: 03/11/71 Recorded: 03/19/71 Chicago Title Insurance Services, LLC 40-f V Alexandra A. Bossung • . RECEIVED Chicago Title Insurance Services, LLC j BOARD OF APPEALS T1TLENO: C14-7474-16'6-SUFF .101111 C. 1=.vans Liber 11768 page 277 TO Dated: 03/1 196 Walter C. Keenan and Susan P Keenan_. husband and wife Recorded: 04i02i96 LAST DEED OF RECORD I Chicago 7tle I ran e ervices, LLC � SS Alexandra A. Bossung Sworn to before me this 22" Oy of OctoF er, 2014 Notari flubl rc. 6.729041 *0 i RECEIVED it Chicago Title Insurance Services, LLC 4 BOARD OF APPEALS TITU. NO: C14-7474-15636-SUF PREMISES EAST: 1000-009.00-09.00-014.000 'Property xvas assigned to General Services Administration of Disposal pursuant to the Federal Property Administrative Services Act of 1949, 63STAT377 (affects premises and more). United States of America, acting by and through the I..ibcr 4615 page 283 Administration of General Services Dated: 04;16'59 TO Recorded: 04/21'59 Race Point Corporation (premises and more) Race Point Corporation Liber 5736 page 441 TO Datcd: 04!15/65 Michael B. Maw Recorded: 04,,"-)8./6D- (premises 4;2 ,65(premises and more) Chicago Tale Insvrlanc rvices, LLC Alexandra A. BossunQ Sworn to before me this 22"� d of 0 tobyr. 2014 Alf, Notar Publi r ry�t •! 00 k RECEIVE® 11 Chicago Title Insurance Services, LLC 6�p BOARD QE APPEAL TITLE NO: C'14-7474-15636-SUF1- Michael B. Max Liber 7036 page 128 TO Dated: 09/15' '71 Miles Sinclair Whitener and Virginia N/l. \Whitener, his Recorded: 10!28`71 "\qfe N,Illcs Sinclair Whitener and Vinginut N1. Whitener, his Liber 8001 page 65 \Vifc Dated: 03:04/76 10 Recorded: 03/11/76 Jansen Noyes, Jr.. Trustee under the Aort. dated 06/01172 Jansen Noyes, Jr., Trustee under "1 rust Agreement dated Liber 9576 page 385 06!01 /72 Fourth Benefit of Mildred Dorothy Noyes Dated: 05/22/84 TO Recorded: 06/07/84 Richard A. Miller LAST' DEED OF RECORD Chicago Title Insurance Services, LLC Alexandra A. BoSSu110 Sworn to before me this 22nd y 'October, 2014 Notar YPtiblic N C.. !% t0 SIA DECEIVED Chicago Title Insurance Services, LLC (I�,, BOARD OF AWEEAL TITLE' \0: C14-7474-15636-SUFF PROMISES SOUT11: WINTHROP DRIVE Chicago 7tfe Incur nce ervices, LLC Alexandra A. Bossuno Sworn to before me this 2211, day of 0ctpber, 2014 lic 1� itP?;g'_v,-Ji°J129041 �i:>'dnJ: U} f.E l': •iJ�t. 4 00 0 • Chicago Title Insurance Services, LLC PREMISES WEST: RESERVOIR ROAD Sworn to before me this 22"' day of October, ?014 -4a iblic „ir 1-11ft, ? is Of Ne;,'? .., . 9f ee it 3u ffoi(. i%Hlc;tIr tr O,w REGEIVED BOARD OF AP PEAS T1TLL- NO: C14-7474-15636-SUFF Chicago Ttfe u nce Services, LLC )/& _ cc�xa�tst-S Alexandra A. 1. ossune 'V'l -'a to 1 I �ARGAI14 A 4D -..SALE DEED MARY L. WOOD TO WILLIAM H. WOOD, JR. Q LTi w. D -v Return to: wi1liain H. Wood, Jr. Esq. 207 fern Street - :7ect ilart'ord, Ccnnecticct OC1C•7 D r r (j) . II IBEP, 7064 .PAGE 298 HOPPIN. CAREY D POWELL N+RTrORD. CO-, ST D Z5z T,i!thSFIR rr r :,1:'{: -NE V1 y0 RV * z U�y ..:., PCC -9.71' :-�� 0. (, Di , 1F,�APPEALS THIS INDENTURE, made the ;: day of . ,'. � �, between MARY L. WOOD of 207 Fern Street in the Town of West Hartford, County of Hartford and State of Connecticut, party ofi first part, and WILLIAM It. WOOD, JR., of 207 Fern Street in'the': of West Hartford, County of Hartford and State of Connecticut, party of the second part, WITUESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration p,. by the party of the second part, does hereby grant and release t.!- the .rthe party of the second part, the heirs or successors and assigl. of the party of the second part forever, ALL that certain plot, piece or parcel of land, with t buildings and improvements thereon erected, situate, lying and being in the Town of Southold, Fishers Island, County of SutfoL•.. and. state of.17ew York bounded and described as follows: Beginning at a monument in the westerly side of Reservoir Road, said monument being located 622.24 feet North of a point which is 5,478.72 feet west of a monument marking the U: S. Coat 6 Geodetic Survey Triangulation Station, "Pros", -and running thence -along land now or formerly of Pace Point Corp. North 62 degrees 21 minutes East 233.90 feet, running thence along land now or formerly of Lila W..Wilmerding, South 26 degrees 57 minutes East 90.40 feet; running, thence along land now or formel-2y of Michael Maw.(now'. of Miles widener et al) South 20 degrees 47 minutes ` East 47.05 -feet -to an iron pin; runnina thence.south westerly about 193 feet more or less, along land this day conveyed by grantee to grantor herein, to a point in the northeasterly side of Reservoir Road; running thence along the northeasterly side.of Reservoir .Road; North 27 degrees, 38 minutes West 50.0 feet; runping . thence along the northeasterly side of Reservoir Road, Horth 46 degrees -13 minutes West ,47.88 feet; 'and running thence along -said northeasterly side of, Reservoir"Road, North 59 degrees 13 minutes West 43.70 feet to the point' or place of beginning. TOGETI;ER with all right, title and interest, if any, the party of the.first part in and to•any streets dnd roads abutting the above described premises to the center lines there TOGETHER with the appurtenances and all the estate and rights c• n 1 RECEIVES :. LIBER7064 PAGES ; Ir L '-� SI I Of ` � _ T „�NSFiR T.A. r�',(;t"NFVJ BOARD OF WE 1 r THIS INDENTURE, made the DL• day of NuyEmIScYL between MARY L. WOOD of 207 Fern Street in the Town of West Hartford, County of Hartford and State of Connecticut, party of thl first part, and WILLIAM H. WOOD, JR., of 207 Fern Street in the'1'�I+. of West Hartford, County of Hartford and State of Connecticut, party of the second part, ` ! WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration pai.j.I I Lo -. by the party of the second part, does hereby grant.and release uiitul: �j the party of the second part, the heirs or successors and assign::,: ' of the party of the second part forever, ' ALL that certain plot, piece or parcel of land;,with the i buildings and improvements thereon erected, situate, lying and being in the Town of Southold, Fishers Island, County of Suffolk, and State of Ilew York bounded and described as follows: Beginning at a monument in the westerly side of Reservoir Road, said monument being located 622.-24. l '. feet North of a point which is 5,478.72 feet west of a monument marking the U. S. Coast & Geode tic. Survey Triangulation Station, "Pros", and running thence along land now or formerly of Race Point Corp. North 62 degrees 21 minutes East 233.90 feet, runriing thence along land now or formerly of Lila W. Wilmerding, South 26 degrees 57 minutes East 90.40 feet;. -running i thence along land now or formerly of Michael.Maw (now i of Aliles widener et al) South 20 Negrees.47 minutes. East 47.05 feet to an iron pin; running thence`south- westerly about 193 feet more or 'less,'along.land this ! day conveyed by grantee to grantor herein,- to a point in the northeasterly side of Reservoir Road; running thence along the northeasterly side of.Reservoi.r.Rgad, north 27 degrees, 38 minutes West -50.0 feet; running thence along the northeasterly side of Reservoir Road, North 46 degrees 13 minutes west 47.88 feet; and running thence along said northeasterly side of Reservoir Road, North 59 degrees 13 minutes West 43.70 feet to the point'or place of beginning. TOGETHER with all right, title and interest, if any,.,Of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of NOPPIN, CAREY A POWELL HAPTIOIIo. conn. i DECEIVE LIBER �Q 4 PACE 299 (0.A BO 4RI)- - OF APPEALS :he party of the first part in and to said premises; TO HAVE AND TO TOLD the premises herein granted unto the party of the second part, Lhe heirs or successors and assigns of the party of the second , part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word 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. In Presence Of: I S Mary L. Wood STATE OF NEW YORK, COUNTY OF SUFFOLK: On the .?e: day of �� 1971, before me personally came MARY L. WOOD to me known to be the individual described in and who executed the foregoing instrument,and acknowledged that she executed the same. Votary-PL3blic P :OI -11 k: -',O;, . LL Notary NN iIJ: -o... Res.dmg m 5ouo in 0II M., ;!,6439000 Lommunun I�mn AI¢n 30. I )/ .l f r 11.-- TOWN 1.0 TOWN OF SOUTHOLD PROPERTY RECORD CARD YNER STREET VILLAGE I DIST, SUB. LOT --� 61 � .— s DECEIVE IRNiER OWNER N E ACR. S W TYPE OF BUILDING ww, wC>G? c v r BOARD OP p,PPE SEAS. IV . LFARM COMM. CB. M[SC. Mkt. Value IMP. TOTAL DATE REMARKS A4/) /7 AGE BUILDING CONDITION F NORMAL BELOW ABOVE kRM Acre Value Per Acre Value [ads I la 2 Idble 3 iodland :impland FRONTAGE ON WATER ishlond FRONTAGE ON ROAD use Plot DEPTH BULKHEAD to I f DOCK ALS TOWN OF SOUTHOLD / C P T PRO ER Y RECORD CARD m - OWNER STREET �' VILLAGE DIST. SUB. LOT /S LG' -4cS 1 `7` FORMI,W6WNER N Eel ACR. 1 0 . L S 4)r%*Vfe W &S ef valyci c TYPE OF BUILDING / /Q G� ES/ SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS J-- o o o o �� o a S 71,1' J 3 L V7 _—� %` AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FA Acre Value Per Ac re Value 'illable 1 •illable 2 -illable 3 Cz • doodland wampland FRONTAGE ON WATER Q m rushland FRONTAGE ON ROAD 3 f louse Plot DEPTH . /06 m BULKHEAD r otal DOCK •• FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 13698 Z RECEIVED W� 11aARD OF APPEALS Date..4 ....g ........................... 19RF— Permission is hereby granted to: .... ...... ..... �..... 4 11����~i ............ .... .21..............rx..6.t. �..�...................... to.......... .......,,a ,........ r.1 ....... ....,............. ..................... • . .• el/......... .............. atpremiseslocated at .......... ............................................. ............................................................................................................................. ................................................................................................................................................................. County Tax Map No. 1000 Section ..........6.......... Block ......9........... Lott No. ....j...3........... pursuant to application doted ��� ... ...... ...........��........, 19.{.1., and approved by the Building Inspector. . Fee $. f J47X U......... . G`C...c....(r.: .... Building Inspector Rev. 6/30/80 �f" RECEIVED !i v , /LX2oLp Do— --� oo APPEALS M All F I I c I�1 G iJ I �o M C� h1 r L N I , o ! VV,'IV 17 G I!Ilu •,' , ' %1 'ISR' - �if(�G,if t?C. bu 6guy UKUS i—aram J If r 1' 11 G WT nr U1 nppj1nAk1O11 Uu1jurjjjMjj I , it I I' Ao7 , ,;� 00 COUNTY OF SUFFOLK — 00 0' RECEIVED (0 REAL PROPERTY TAX SERVICE AGENCY F30ARD OF APPEALS DISTRICT 1000 - SECTION - 00900 - BLOCK - 0900 - LOT - 013000 A \7 JOH G::EVERS Q, F -M 9547 0 ,13A p X25 0 0 ?9 • �� ���'009 30 3� 7 Cb 130 ,� -15 3 3.2 19bi 250s 54 Ao 215 N N ") 0 2 10 '306 N e� OPI 1.1 PN\ A\lb 012 P, A\(0- 1 04� 0 80 Feet Map Oc County of Suffolk Copyright Notice: Maintenance, alteration, sale or distribution of any portion of the Suffolk County Tax Map is prohibited without written permission of the Real Property Tax Service Agency. Suffolk County Real Property does not in any manner guarantee the completeness or accuracy of the information contained on this page. TOWN OF SOUTHOLD, NEW YORK ACTION OC THE ZONING BOARD OF APPEALS DATE: 12ece llae- 3,1964 Appeal No. 734 Dated November 16, 1964 ACTION OF THE' ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD RECEI((�� J" j James F. Manning a/c. Race Point Corp., Appellant �0 1 Chase Manhattan Plaza Fishers Island .New York,, New. York . New .York at a meeting of the Zoning Board of Appeals on Thursday, Decomber 3,1964 was considered and the action indicated below was taken on your 1 rwqucst for variance due to lack of access to property ( ) Request for a special exception'und,er the Zoning Ordinance iX) Req -jest for a variance to the Zoning Ordinance' the appealBOARD OF APPEALS 1. SPECIAL EXCEPTION. By resolution of'the Hoard it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ______..__ Section . __ . _ Subsection paragraph of the Zoning Ordinance; and the decision of the. Building Inspector ( ) be reversed ( ) be confirmed because 9:10 P.M.(E.S.T.) Upon application of James P- Manning, 1 Chase Manhattan Plaza, New York,New York,...:a/C Race Point Corp., Fishers Island, New York, for a variance in -accordance with the Zoning Ordinance, Article,III, Section 303, and Article X, Section 1000A, for permission to divide property with insufficient frontage. Location of property: east side Reservoir Road, Fishers.'Island,.New York,'lbt #15 on' proposed'subdivision.map by Chandler &.Palmer dated'April 22,1964, bounded and descried as follows: (con't oil back) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnec- essary hardship because . SEE REVERS (b) The hardwhip created (is) (is not) unique, and. (would) .(wolild rot) be shared by all properties alike in the immediate vicinity of this property and in the samt use district because SEE REVERSE (c) The var'ance (does) (doe& not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the prtvious decisions of the Building Inspector ( ) be confirmed ( ) be reversed. F1l' i� �U L'a VON! NG BOARD OF APPEALS FORM ZB4 �.L7id Barbara L. Carroza, Secre y - V (con't from f*)• • �ZECEIIG �y AR Beginning at air iron pin on the northeasterly line of Resery 3''IW , OF APPEALS said point being located north 270 38' west 200.63 feet fromthe inter- section with the northwesterly line of Winthrop Drive,said point also being located 566.71 feet north of a point which is 5406.58 feet west of "PROS" monument and thence running north --63° 111,east 198.52 feet to an iron pin; thence north 26° 57' west 90.40 feet to a monumebt; thence south,62' 21' west 233.90 feet to a monument at said Reservoir Road Line; thence along said Reservoir Road line south 590 13' east 43.70 feet; thence along said Road line south 460 13' east 47.88 feet to the point of beginning, containing 0.43 acres more or less. After investigation and inspection the Board finds that the applicant wishes to divide property with insufficient frontage. The Board agrees with the reasoning of the applicant. This lot is considerably in excess of the mininum square footage and although there is now way toincrease the fottage to meet the existing foortage'requi ements of the'Ordinance, it is pro- po'se'd that a residence will be constructed oh 'this lot. 1rhe Board' finds' that .strict application of the -Ordinance will produce practical difficulties or unnecessary hardship; the.hardship created is unique and Would not be shared by all properties alike in the :4=ediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED that James P. Manning, 1 Chase Manhattan Plaza, New York, New York, 8/c Race Point Corp., Fishers Island, New York, be granted permission to divide property with insufficient frontage, on property located east side Reservoir Road, Fishers Island, New York, lot #15, on proposed subdivision map by chandler & Palmer, dated April 22, 1964. This variance is granted subject to the following condition: 1. No side yard variance may be granted in the future in reducing the present mininum requirements of the Zoning Ordinance. This is without predjudice to any future appeal, should the requirements be reduced. 90 TOWN OF sOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR 0si;W RECEIVED�a� to APPEAL NO. % 3y DATE November 16 1 64 �O��tD OF APPEALS TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ` 1 (We) Race Point Corporation „„ of ,,,,,,,1 Chase„Dilanhattan Plaza ........... .. ... ...........t ............. Name of Appellant Street and Number New York New York HEREBY APPEAL TO .....................................r.....................................I. ....... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED ...... Noyember 2,,,,19....,,.,,. WHEREBY THE BUILDING INSPECTOR DENIED TO Race Point Corporation ................................................................................. Name of Applicant for permit of 1 Chase Manhattan Plaza, New York, N. Y. Street and Number Munici alit y State ( X) PERMIT TO USE AS SINGLE LOT ( ) PERMIT FOR OCCUPANCY 1. LOCATIOIV'OF THE PROPERTY .. E/S Reservoir .Road ...................... "A District Race Point Corporation Formerly Street Use District on Zoning Ma Fort H. G. Wright Map No. ZlfKltp6x Fishers Island, N. Y. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art III, Sec 303 and Art X Sec 1000A 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack. of access (State of -New York Town Law Chap. 62 Cons. Laws Art. 16 Sec., 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal fxm) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No.................................Dated...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that appellant will be deprived of the use and benefit of its property. Parm zsi (Continue on other side) •0 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the land adjoining this parcel on either side has been sold to third parties making it virtually impossible for appellant to obtain the 8.�2 feet required to satisfy the minimWRECE1VE[,, frontage provision. 130ARD OF APPEALS 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because wherever possible, appellant hascausedits lots to meet applicable zoning requirements. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the defect is very slight and this parcel as laid out would in no way affect the character of the district in which it lies. STATE OF NEW YORK )14� ss........... ............ . COUNTY OF NEW -YORK) H. Lawrence Boge November ..................... 1964 Sworn to this .... i** ...... 1-.Z ............. day of.... _7 ..................... .............. ............. Notary Public JACQ1,1FLINE L. COMNE PLI �EGEI\I E D i -wouxt Pt 01"Am" 60ARD OF APPEALS purramt to tectim 267 sit tlw Timm .um a 4 the prsn.ssia w of the Ammod d "1141" Gals ardiamom at tho Twm of 11du"014. mut.sslkocomty. 0m Ywk' alis ba0wlads Will bo bold W tkt zom"q Dowd of Npr"" of ow Ivm •! "Otb" 06 for "W *OU*, *Um saki. "otboU, new 1Gftko al DawmbW 3, 1944, ao tho Jtslla+I" sweala: 7, 30 P.M. (Z.6. T. ) ► upm offllaltim of ow1" uitb, ' foutbalt, WN YtWk. &A lb� i**a► XONOW i Uald 6 90064SDiSW A>remm, sowtbsi4, $w► Yate[, fW l OAOiil. 140 10 IIQOIIK Math tbs wwsw oedsommm, A rtlsls 1.210 Yaatkm 106, ew pecom Ass to baud on addlt.im to the rsistlw dmul" with � tsm"Asu wt ermt ya" **"Oak. LOMU40 of pc.MartrR sor%ftmot aas7os- dar%Mlm. AVONNO M4 FA*VdW7r►s ltald. +lootiIi4, Now vo ok. b*Wmftd meth by !butte"►-lop•o owt by xmaY's amu, soots by saw"W" w A Veww. wast k y maxlawa-Cant Pabd- , 7&43 Y.N. (L►.IC.T.). Upans •pplioltla0; at tAtbQ Zi11110 r.tgktsai 1430 lslsp sem• 3l�lattros6. Rs+r Yash. tad ; spOctsl a�y�tiao iw � vitb kts �sattiw 6�10i1l+r� Awttala .Iv, 'Sectbaa 4510 ► *UbOWU M► (0) , bor PM01 r saw to erect a si4e. LA"tisa of psop0sty. AQK*h 01400 MUSA PC", ! Ar hO/DA14AS. MM TOWk- bOOadad %Oro 31y """Sk" alit `arw r. "CIS aststa, satins by Kusa tto64. wwst 7rjr DKO6804- Ikea s. i.a"1 "tace iave -2- !RECEIVED fd:.- 1 4. .�.:. ), t applicwaciae of ctsssiaEtl� v 41mohMm Vsand Rirch ;►wF a, s�euVw1A, BOA4D OF APPEALS Y -,ft, lim a wsianae la aaeeued■aae with the d+a "—j OrAiw "O. AStuale 111. Section 303 MW Artiti A. section 10044G't, icor Permission to 4AWL40 asci sill Xota w&tb issafI3rsieat ttOnts". IAM*ti" of MOUSY' West $ids $isttt+ Avemule, Q"t aids flail, A • '400" sap ■.states. Let* les.: a wth west aha Mali' Of a. 121,234, and South ~t oaa b&lf of 351.252.233. Sewthold, � 1000 Tach. t t i'i P. n. br . t . T.) , 1gFQM appal lcaat.lan Of daarrs P. IP l . 1 Gose mmo attar Mon, Sew York. New Taark. ah "CO V048t c sap. , rAomwe x.iara. mew 'Yaft. torr a wwtab" in ecowdumm ws'%b iwe sawing OT41maimme, Article Ill. teetume 3030304, aFP 3dil, an& "title >., aeatlom lldil+i}]►. fiat vaimatemum to eat oft let with eaiatinq iWAUAnq with lwlti'fiatMt llatbw* and •idwywd. l.deatlaw of xF ~t si.46 OFia}biW UTSVrt, Flairrs 1AISIOd. NO* Y'O;A. bews4064 North by earexamawt hoepalety, wast by "Lathrop vulva, mem", SY daversAwas property, wrest boy Silver sal Cewe. a so p.0. M.i.'r. ).Vvft ag licatiew o.[ Jew" P. mmalog. 1 CAWW AsshattAm plsala, wm T ask& NOW Y4l,4l. A/e lt.aas PO*Ot C;Ocpecatida, Fishs=• Island. VOW VOCk, "M a "Zine" t " a cer4anwo '01th the .#caun OX41=006. Article Ill* 4octlon 302, and Attiele F:, eeatim too", for POSUL"iaw to .aLvide ptop*xty With 1asufflC"at tr atteve. Location ON irm" rtv amth dais w jwtbxgq :rx tva . ria W90 bland. #ewe Y*ft, i -9t M 11 -3m praro"d *"diviaiew seep hY CbM0 U+r t Pal"T aat*d I L"a 1 **t icw _,_ R. EQ I ij ApWil 21. 3I+:-4. bouad.d art d.reruO:i as jellow: t"lia.aag i �I at s gill hoiM in WM yolk as the 90utboasterly 312(olRD Ohs APPEALS it 4?Smtbz" Drive. raid Mill bol* bel" saw 62`21' west 679.43 feet f'rml the sosltimestolwLy liso of tquestriaa AvVrAm' maid 'Ai11 bole also i *AW 466.90 fart merth of a prism %&Aah is $0".29 ftet arslrt of said'3008" it and thewo spa alug alaa*3smJA W1sthmW Brl" 11ae Horth 62" i 21' matt 12.'u foot to a shill bolas tWWW aamth 27' 39' bmt 1.63.60 feat: thomm aeMth 412021' ~mast 72.70 foot, themas :~Orth 27439ow"t U3.60 font to the point of 1%«isMA"' tiaataiai» x.30 acres Ma or Ball. 6 s as /. A. 0. s.'7. ) UPON aW 1"WIN of AmesAswilyl. 1 Chase ft"attsa fM1me flew VW%, mm Towk. *A moo' i to,lut Corp.. r4aft sa Islead, Wm Yock. tar a varlalwsta la i aeceriaerae with the Ass"sg ordammaws, Astflaaa 1T1, olooties ` 303, aad lf`artsel'o 1, Wctses 100►, for por"aaiaa to dtYldo f pwopltty with iasstfficlest frests". LOMtiost of .p210POtty, sawwth 014Ar Wiftt X*p Mills. rfiobsae 101aDd► MWW Ymett, bet 12, ao psvpeeed oub"visMa slays by ChawdUM a Polm r, dated 11St1 22, .1 %4, bour Aod &" doocrtb" a* 9811 mm i IW LRw1" ! at a drill halo in the valh an the r Mistorly lUm of Winthsep Drive, laid drul halt balm "0th 02`21.0 nest $24.6.1 feet from t3►a sumbvestarly Ito* ++* sgwWslsM 4fvOmme. said drill hole also being SU.61 twat worth of • point "back la 4917.57 fret rest of a aaaaMat waaMUW the 'gf 004 stater ce"t sand U004rt1 c Survey '1'rias alatiaa s1M%&M "f as- a" thsvwe rumubg of*mj rand Winthrep pri" Bola South "431` � ►sat 72.46k feet to 0 .3x111 holey ttAWMmo south 27 its Salt IS 3.6") f oot # theam *or, A 62,11. fast 72.60 foots thaws L *40 trot: � a' 00 retia -4- .ft h 27µ10* --owe` 1$3.tha feet to Mlles V%LaZ QS b"NiHl". a+w0ta1&uwj 0. jr: &egos mme os laws. ECEIVED #J 61 DOAkD OF APPEALS tt SO -4-;4- (Y. X. T. ), upae an4isa,tiwt at jamas P. litloMA" 1 Cama! man"ttao ►1a ma. mew York, ave Y'ot'1t. SA Raaf Point Corp., r iah0rs If 1aw1, &Vw ywk, tar a. vaxLaa" !a assord{ W'w M;i h the 1404" OW41tnaw00, ATtU10 PIT, &WtiM 303. Artiele :c. awmtlae 14001*' tow pormi"Aam to div&46 vNeps rt), vitas i sees!ltai.Mt 1"MQMjr6 1.4NtUft of VWSM r, ao*" ride ,II wsatbxop PrAvs,. rirtbess laiaed, now vwk, rot M 13, on subdue, SUM wap W Clwslaw 4 1N "We dattrd Aprtl 22, 19". _ 11111 boM"d arts 404CM04 as fella s� b".tswLtq it a dslll b416 H CAa w37n 0a tha 0vatl*Wwlr1y► lives of VAUthgop 0,Vlve. said <ltrilt hols newtn 62'21' wet 147.11 mart fYes oowthwom"ely iitwt *t itgwatrtm Ave=*, sold (till bola 6100 ba ny 510.17 feet north of s point uhiob 1a 480.12 Het wort of said 'MM' aMUmmut aWd tbarce roulaq aawth 27` lit, suit 103.90 isstt tAsam mouth 16$`21' wast 77. so faits ta&W* mWth 27"39' +wit 1.a3.60 f.Mwtr th*Mo gives said VA*tb"* VNIVM iia! MWto 62*21' ort 77.50 tM-t to the ylalgt Of baylwel". CONfMlslatS s).'3 acsett +,race case law. 9t i Co I'. A. +t. &. T. ) . Up" WMIAaatLe n 04 Jawoo 9. Meannlgq. 1 the" ttta6 Masi, vow yo t, wo Y XkI " 11lC"M Point Cospm#tum, rishors Island. Mw Yotdt, for a varlamm in simog4mme, +titin tho 44SA ng +Qr"aamft. nstAosLe 11:20 seettar 303, "d Article x, 404tios 1000)k. SM prswtastan to dlvtda prmpmety with Insufficumt ftsw%i►pM.. 1.errrtLM of penpwtyt SOU" *14* Wi*tht" TWI", r"Mtra 1414", MW Yea'it. bat # 14, ay v'epo"8 subdivblaa ray► by chaadim a ►al"t dated • * 0* 0 RECEIVED w�aa Notices t0 0 gra 22, l4b4, 'b~4wd and 404WA. ewdl as t*ll*wr iW400 00. A P P EA L at a dr111 holo i» tha wau oa thr sewtba�.ly lime of :vistboW Drive. 64W de'ill bole Ud"S rot" 43`21' V"t 354. Sia feet tom the moutI tmatorly lum of Xqerattri" Areatus, said itul twla 4100 bats4 41).17 felt *Orth of a polar whim: Is 47".64 foot vest of a aewtitMaat *Wkift t2M tient*+ gtatia C'a"t Albd aoOdatss sur"y Tria"a"tion Status logo' sped tbawit raw"" &Is" "" WA*tbAMP bVIVs lios mMt" 82- 71' V"t 02.6Y feat to a drill bout tbnaio as mtA 2i"39' cart L&3.4,0 too I tbesao aoeth 62"21' 0"1 M20 last tw a manaMott thowe aartb 23046' weat 1".34 ft*t to tk* pstat of begumsaq, arataaaA "Y 0.34 atr es mWe Or iraa. "+2rJ V.H. (1:.3i. , tv0s amlimtuu of jammy P. mmal"* 2 ruse* ?wmbattan Plasa. aw Y'aetk, 8" VQ4*. ft/t i044 POiat Ar=p.. rl*ksrs J*las4. herr t+Xk, tW a vauiat " is agrees witls tb* yjamla q ordleaaaw. Astlala lU. daattos 303. Artlda j., oo rt.Lem loOSt,k, for peral"A" to cSLv*dr Peopwcty with uW artlei+a►t 1"rmtw. 4f pa`ipoarty, 4"t aide it+essa~►is 8084. r&4090 1014w4. is VWW , 1et ali. on peopo�od orabdivisiam oaP by fl►aardl*r & lath s. 4at*4 April 22, 1944. besmdod aa4. 4feresiboa as bl.lawa: esiiLaSini at an im ,pis as tbaaOrtba"tatly iis*! lesorv+ris t md# S&ld 3palst bol*q lraat*d forth i7* 34' w.t i 200.63 hist txvtm tht i»ttsnrRrt.iba w.%tle the .artttiw+atarly Iixs ai inthg" ralV%, %24.A PVJAt aL•eo brel.aq Iaast*4 1".71 1fa�Mt m to of a point whi" is .$406.58 bat W00% Of *aid 'Mlm- t x0m=wmt east tjcaras Simi awmh 63*11' art 198.32 teat to 84 XrM p2a; tA'JO .* a4ttil 26"97' ~t. $0.40 hot t4 0 Le"I "tit* R .CEIV D .wait r tuarjewr sow at: 62 a 31' w4Mt J33.S* !wt to a. i I ,nomummat at "Ad *4009valz a164 1sa+r themb" altwy set%0A.RD! OF APPEALS **gM" r mom4 1 later amxe h 39" 13. oast 43.70 fe" i tbaw* 610" e*14 !tood i um aewath 4i* 13' bait 17.40 loot to the Pol*% of b".A=L". nrL". ewatel"I q 0.43 scs" ams* oe ltror. Any pexvau doss Ism to be ted on Wo obr►o applicatiatms atWMld appor at +torr tsm. amd PASO* above spoeiti" tal►TWS Ic cl wh big It. 1964. OY 44MtP1b#t M Tax sovrxoLv 20" soft" Or IJVEMA. • • s pkat VVSLIau cM. xWoon 3s. 1961. AM rCWWMD Us (10) AFV=AVnw W 1=lr3CAYYnri "tis Ut ±s! IkPM UA. '!'Ca" fir SWMIJP. 700A A!' z= o NAIX 13AD . 4001W.D. W" VM4. r * a C,,Vuks tho dAllo*AAq an uogeu.�i` T The &o m9 Lela" ixanroiso- tt.1tMOK. �at+�wMo D Dain eaLtt &A '!bM papa Armad laser, aIle Owlet.iam •lummw so"to i juWAS V. Naming •le Race Mat cWt. t I I 4(]gl4Ab JM" J1MiAi. Ar, 7tii I +f LEGAL 1'10 NOTICE OF HEAR Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, Public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on Decem- ber 3, 1984, on the following appeals: 7:30 P. M. (E.S.T.), upon application of Daniel Smith, Southold, New York, 11 s/c Thomas Pepe, Kenny's Road and Soundview Avenue, Southold, New York, for a special exception in ac- cordance with the Zoning Ordinance, Article III, Section 306, for permission to build an addition to the existing dwelling with Insufficient hunt yard setback. Location of property: north- west corner Soundview Avenue and Kenny's Road. Southold, New York, bounded north by D'Antonto-Pepe, east by Kenny's Road, south by Sound - view Avenue, west by Schriever -Great Pond. 7:45 P. M. (E.S.T.), upon application Of Long Island Lighting Company, 1650 Islip Avenue, Brentwood, New York for a special exception in ac- cordance with the Zoning Ordinance, Article IV, Section 408, Subsection (B), for permisalon to erect a sign. Location of property: north side Main Road, ATshamomaque, New York, bounded north by SWPfoaskl, east by S. Ciacia Estate, South by Main Road, west by Droseas-Rempe. 8:00 P. M. (E.S.T.f, upon application of Christian Simonsen Estate. Oak and Birch Avenues, Southold, New York, for a variance In accordance with the Zoning Ordinance, Article III, Section 303 and Article R, Section 1000A, for Permission to divide and sell lots with Insufficient frontage. Location of prop- erty: west side Birch Avenue, east side Oak Avenue, Goose Bay Estates, Lots no.: south west one half of 228, 229, 280, and sonth west one halt of 251. 252. 253, Southold, New York. 8:15 P. M. (E.S.TJ, upon appUcatton of James P. Manning. 1 Chane Man. hattan Placa, New York, New York, LIC Race Point Corp., Flahers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, 304, and 307, and Article R, Section 1000A, for permis- don to set oft lot with existing build- ing with I Mfilelent setback and side - yard. Location of property: west side Winthrop Drive, Fishers Island, New York, bounded north by Government Property, east by Winthrop Drive, south by Government property, west by Silver Eel Cove. 8:30 P. M. (E.S.T.), upon application of James P. Manning, 1 Chase Man- hattan Plass, New York, New York, a/c Race Point Corporation, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X. Section 1000A, for permission to divide property with Insufficient front- age. Location of property: south side Winthrop Drive, Plebe. Island, New. York, Lot No. 11 on proposed Subdivt- slon map by Chandler & Palmer dated April 22, 1964• bounded and described as follows: Beginning at a drill hole In the walk on the Southeasterly line of Winthrop Drive, said dr111 hole being South 62. 21' West 679.95 feet from the Southwesterly line of Equestrian Ave. nue, said drill hole also being 466.98 feet North of a point which is 5046.28 feet West of said "PROS" monument and thence running along said Win- throp Drive line North 82' 21' Fast 72.70 feet to a drill bole; thence 27- 39' East 183.80 feet; thence south 62' 21' west 72.70 feet, thence north 27-, 39' west 183.80 feet to the point of: beginning, containing 0.30 acres more or less. ro COUNTY OF SUFFOLK 0 RECEIVED STATE OF NEW YORK � ss: C. Whitney Booth, Jr., being �u�y,�ytQrn�gys PPE n r that he is the Editor, of TH�Cj IS ,Vf� LtiL TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trove ler-Mottituck Watch- man once each week for ...(f�r�j�.K .,;....1....%...... weeks ( 1• successively, commencing on the .......... ..:::..................... day of ....... / r' r t (y Sworn to before me this ......./...2........ day of , --.,, "..r ............. 19.1 S:.l:C.....� ..':�.r.............. Notary Public ADELE PAYNE Nolar; Pnnl c. $late of New Yore rr,�••:i•;einn rtcucsl tlar!:h 10. 19'u, •' r 8:40 P. M. (E.S.Tplication 81�d t 9f 80 01 James P. Manning. 1 se Man- hattan Plaza, New York, New. York, eidlt lE9 out 62° 21' west 77.50 a/c Race Point Corp., Fishers Island, feet; thence north 27° west York, for a variance in accordance said feet; ..A n LP along said thro WinthropNew 21' east 77.50 feet cI� r-C with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- Drive line North 62° to the point of beginning. Containing tion 1000A, for permission to divide 0,33 acres more or less. iSJ 1 pr0perty with insufficient frontage. Lo- 9:00 p. M. (E.S.T.), upon application cation of property: south side Win- I of James P. Manning, 1 Chase Man- York, throp Drive, Fishers Island, New York, hattan Plaza. New, York, New ' C No.. 12, on proposed subdivision Palmer, datednce ., , _ r :�-.=4tku►, F`istiers, l Island, New York, for a varia in ppp ap by Chandler & April 22, 1964, bounded and described accordance with the Zoning Ordinance, follows: Beginning at a drill hole Article III, Section 303, and Article a. In the walk on the southeasterly line J, Section SOOOA, for permission to 1 of Winthrop Drive, said drill hole being divide property with insufficient front- ] South 620 21' West 524.65 feet from the age. Location of property: south side southwesterly line of Equestrian Ave- Winthrop Drive, Fishers Island, New said drill hole also being 534.41 York, Lot No. 14, on proposed subdivi- nue, feet North of a point which is 4917.57 sion map by Chandler & Palmer dated feet West of a monument marking the April 22, 1964, bounded and described United States Coast and Geodetic Sur- as follows: Beginning at a drill hole vey Triangulation Station "PROS" and in the walk on the southeasterly line thence running along said Winthrop of Winthrop Drive, said drill hole being Drive lie South 62° 21' West 72.60 feet; south 62° 21' west 354.50 feet from the thence north 621 21' East 72.60 feet; southwesterly line of Equestrian Ave- thence North 27° 39' West 193.80 feet nue, said drill hole also being 613.37 to the point of beginning. Containing feet north of a point which is 4766.85 0.30 acres more or less. feet west of a monument marking the United States Coast and Geodetic Sur- 8:50 P. M. (E.S.T.), upon application James P. Manning 1 Chase Man- vey Trianuglation Station "PROS" and ' of hattan Plaza, New York, New York, thence running along said Winthrop a/c Race Point Corp., Fishers Island, Drive lie south 62° 21' west 92.65 feet New York, for a variance in accordance to a drill hole; thence south 27° 39' with the Zoning Ordinance, Article east 183.80 feet; thence north 82/ 21' 1 III, Section 303, Article X, Section east 8020 feet to a monument; thence 1000A, for permission to divide prop- north 23° 46' west 184.30 feet to the i erty with insufficient frontage. Luca- point of beginning. Containing 0.36 more or less. acres9:10 i 1 tion of property: south side Winthrop kDrive, Fishers Island, New York, Lot P. M. (E.S.T.), upon application of James P. Manning, 1 Chase Man- l No. 13, on proposed subdivision map by Chandler & Palmer dated April 22, by hattan Plaza, New York, New York, 1964, bounded and- described as follows: a/c Race Point Corp., Fishers Island, i Beginning at a drillhole in the walk i New York, for a variance in accordance the southeasterly line of Winthrop 1, with the Zoning Ordinance, Article i on Drive, said drill hole being south 62/': III, Section 303, Article J, Section IOWA. for permission to divide prop- ; 21' west 447.15 feet from the south-' erty with insufficient frontage. Loca- westerly line of Equestrian Avenue, l tion of property: east side Reservoir sold drill hole also being 5 Road, Fishers Island, New York, Lot of a V dnt 'WWCh ,iR_• No. 15, on proposed subdivision map north by Chandler & Palmer, dated April 22, '- 1964, bounded and described as follows: Beginning at an iron pin on the north-! easterly line of Reservoir Road, said point being located North 27' 38' west 200.63 feet from the intersection with the northwesterly line of Winthrop I Drive, said point also being located i 566.71 feet north of a point which is i 5406.58 feet west of said "PROS" monu- ment and thence running north 63- l 11' east 198.52 feet to an iron pin; Ithence north 26. 57' west 90.40 feet to a monument: thence south 62° 21' west 233.90 feet to a monument at said Reservoir Road line; thence along said Reservoir Road line south 59. 13' east 43.70 feet; thence along said Road line south 46° 13' east 47.88 feet to the point of beginning. Containing 0.43 acres more or less. Any person desiring to be heard on ' the above applications should appear at the time and place above specified. DATED: NovembeL;X-aN, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS. ''\ • • •0 CARL W. PAINTER CRAVATH SWAIN E & MOORE AU RICE i. MOOR. DROMILRLET . LEONARD D. ADR,NS rV Vr"'; cOUNpIL FRULEELL oSSW.GATRIC LT C. MAW E MAW 1 CHASE MANHATTAN PLAZA �] 212 MANOVER 23000 EDWARD D SL� NOMAS A.MALLERAN ALDER. R. CONNCLLT NEW YORK. N. Y. too 05 ; AV REA orrleE L. R. BRE9LI N.IR. N..- I ' ENUE MATIO NON BENJAMIN R. 3HUTC O LORGLD. TURNER t -CCS O 35 IRAN. M. DETW FILER OCOROE O.TYLER JOHN N. MORSE CABLE ADDRESSES HAROLD R. MEDINA. JR BOARD A= C HARLCS R. LINTOn OF APPEALS ��=��"�=a WILLIAM D MARSHALL PN L MIAFEC ALLENROY^LH. MET I, JR. October 27, 1964 HENRY W. o .DS MIAs ALLEN F. MAULSBY STEWARD R. DROSS. JR. MEN— P. RIORDAN JOHN R. MUPPER SAMUEL C. BUTLER WILLIAM J. 5c" REN,(. JR. BENJAMIN F. CRANE RANCIB F. RANDOLPH.JR. JOHN I HUNT. JR. OEORGE J.OILLESRIE.III RICHARD S. 4MMON 5 JOHN W. B.: .. Dear Sirs: Enclosed is a survey attached to which is a survey description describing a parcel of land which our client, Race Point Corporation, wishes to sell to a prospective purchaser. Inasmuch as the parcel is located in an "A" Residential and Agricultural District and does not meet the minimum lot require- ments as provided for by the Building Zone Ordinance of the Town, it is requested that you grant the Corporation per- mission to consummate the proposed sale in accordance with applicable regulations. Ve truly yours, James P. Manning Town of Southold, Office of Building Inspector, Town Clerk's Office, Southold, Lonv Island, N.Y. Attention of Howard Terry, Building Inspector. Encls. 16 • • Cr&vath0 srralft & Moore, At,torrv?yvi 1 Chases '41mt,%attain Plaxa Now 'fork* Is*. f. 10043 A ttn x Mr. Jap .4s Y* '%''i<A ng Doan ',Ar; • RE(:EIV'ED BOARD OF APPEAL Ul vpaber, a, 1964 In reavonse to ycur let tern of October 26th & nth and the t*lophom eallug plonso find anejo%Qd natives of d1sapprovo-1 for tho lots in quP.stion, Race mixt Corp., it. hrlght, ;ti.,shpre Tel". T have► attempts to give a dwa is a tttaestson to *aoh by its W victual deseription and a refararaes to the proposed .sUbdilrisiOn sap b 4 i a.1,r.4,r dates April 24-9 1964 4 iah Kittas a bettor ovrra, t picturp of thp. propo rt l os. in each Uutanae I terve ettaet od the necep oery forms to tho not lee 4t disa pi roval, w1+th Um ordinene" seetit:ns *Ito(' in esoh crane. Plot 7on tie $MalI may by Chanal*r 4& f alner dat Sept l ie being on the outal °e of the turn in Winthrop Drive,, wA or mavy ramp 1.0 a sial 10 and separate pareel t?liprorol-s the actual sirs of, the VHt is iraterial in this instance. 'lies L)oard of rtppea3s 0088 O"ry twc Weks, the► nertt Reagins vi11. he Thuradujr uiir.ht, of till* akg an.: tit& actual hearings will be he -1.. two we *.xs fret; V -o date vi*y raaeivo the applications. 1ruxting t!ist .o ear, noon :-at this stralphtenord c*ut, *mrs truly ball:iing Inar ctcr I I EIVED BOARD OF APPEALS a _ o z o r z t' g e _ LL Q F V < aIL I w\ Mt. W^oC°v �nd a]�4 .0 Wtfp Y 0 o�WO Wgru� uj- rn � � ti oZS rn AL Ln i c \ �. ,\ -sire'.>;. .••� • lip J '0 Cf orC: PLAN OF SU6pI VI$ION No.l Juno�..s�.0 wei o u•Co•w�.1� or ar..w�eea a.S � \ I .�:'."=Ta rmcrrow ar cAau<v<v - /!•:•r'T(,'r%-� � FORT H.G W41GHT PROPEKTv \.\ /•.� RACE PO NT COIiPOIC ATION �S 9< \ 77aa :; �C-K-I'.vY THST TH.e l �.N 3 Ce{Ce ECT. MCMT f.0 •?1 O .�f1-I�r.GT Yb 0 A �e pl NT CO`ACIF W 'C1TIo � y _ 1� NOTE: C001GpIN►TH 018TAT+GlB K! MlASUREO FCOM U. S• CO.�ST 1N0 OCOOlTIC BVCVCY T�I�NGV II�TIewl ayY�aT10..1 T IC/..cT -ws- 0.4G /.c Cls z 3 LI LA w• wI �.nn cqo i Na y Na,�s�w p o TRACT �.9 0 N. aa•- I'C. 4.5� o•W4ACCfex •IAS! 1 tP( Y u o w.V4J3.ef) yo jT� W r` Y a O n o 0 �• OC • 4.aia.ai N. AY.1S 00 ' V T[..CT al O a -n YJ I - TnCA CT aFz r- fiI �,,. Gi. N. SG:0.4,7 o.as..,��Qi� "'•aa�a.os' � •_ 1 Ali✓. -Ial.Io C• WATlR • U 0 A �e pl NT CO`ACIF W 'C1TIo � y _ 1� NOTE: C001GpIN►TH 018TAT+GlB K! MlASUREO FCOM U. S• CO.�ST 1N0 OCOOlTIC BVCVCY T�I�NGV II�TIewl ayY�aT10..1 T IC/..cT -ws- 0.4G /.c Cls z 3 LI LA w• wI �.nn cqo i Na foS•lo y Na,�s�w W INTHI✓;OP o TRACT �.9 � w N. aa•- I'C. 4.5� o•W4ACCfex •IAS! 1 ua..� ..� r !_\y Y u o w.V4J3.ef) yo jT� � r Y a O n o t rV i V� 00 ' V T[..CT al O a -n YJ Q v U 3 ° o� aK o.14G ACRi� � 0 R � p[ A 0 , Z -'Irl>�`� a �...T 3 M µG14.,5 s.ca•. aI a75.ae foS•lo 1 o.go .ram..c• Na,�s�w W INTHI✓;OP Or�IVE E: Y 53' N. aa•- I'C. 4.5� •IAS! 1 ua..� ..� r !_\y w.V4J3.ef) jT� � r O t rV i V� ' F !n0 a -n n Q v .aew OC r0%MKKI-v Kece Po1NT e><PovTION > Z pL4N of I WOPFll TO CE UONV EYCD BY IAC Pp 1 NT COQP ORATION Yom' -NT g1(pA PISNE4S ISL4Nv N. Y 's IFO FT. CH4 O !K � 6 " iCS Sirr. 19 G M R-120 MEN&, Km40 Town Of Southold Section 4 of 4 New Zoning Map adopted by Southold Town Board WO -A bw - 4 Town Of Southold Section 4 of 4 New Zoning Map adopted by Southold Town Board Prior Deeds 11BC „1 �rJa7• ICF`` , rfl, li la.laAl-P,ry,Ie and 3.4 Ded,w:aA C. -- s.;-1 Arn-Indi.•Idu,l or Ce,ps,adon: (,inrle ,Mn): . • ,Q CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS 040. 9 THIS INDENTURE, made the /'i r`r day of September , nineteen hundred and seventy—one S�CEJ BETWEEN 9� MICHAEL B. MAW, residing at 125 E. 84th Street, A RcSNew York, New York,®��VF dctX first part, and t WILLIAM H. WOOD, JR. and MARY L WOOD, his wife, both::, residing at 207 Fern Street, !.:;.... West. Hartford, Connecticut 06,19 as tenants..in common } and not by the entireties each having an undivided3.nnieres�t party •oi the second part, WITNESSETH, thnt the party of the first part, in consideration of Ten Dollars and other valuable consideration ' 11yine id by the party of the second part, does hereby grant and release unto the party of the second part, the,heirs. successors end assigns of the party of the eecond part forever, r: LL that certain plot, piece or parcel of land, w' , •' 0;6i ,`situate;•'. nndbeinginthe Town of Southold, Fishers Island, County 'of suffolk,:: h` 1 and State of New York bounded and describedas follows:;.,.,..;;;:;., BEGINNING at a monument on the northwesterly side of Vinthrop• Drive, said. monument being located South 62 degrees 21 minutesiWest,' 811.78 feet from the southwesterly side of Equestrian Aventie, said x{ 1 monument also being located 425.28 feet -North of a pcint.whih is 1 5,234:42 feet West of a monument marking the U.S. Coast &:Geodetic 1 Survey, Triangulation Station, "Pros" and running thence alongIthe.'. northwesterly side of Winthrop Drive South 65 degrees 19.•iAnut•es West, 87.10 feet to its intersection with the northeasterly. side of V 'I Reservoir Road; thence along the northeasterly side of Reservoir; Road following courses and distances; (1) North 27 degrees't:38:rninutes ,;_ac West, 200,63 feet (2) North 116 degrees 13 minutes West 47'.88 :feet; (3) North 59 degrees 13 minutes West 43.70 feet; running thence•�along land formerly of Race Point Corp. North 62 degrees 21 minutes 'East 233.90 feet; -running thence along land now or formerly•of•Lila:W. Wilmerding, South 26 degrees 57 minuties Eastt 90.40 feet; running thence along land now or formerly of Michael Maw,South 20"degrees` 117 minutes .East 47.05 feet and South 27 degrees 39 minutes -East 155.89 feet to the northwesterly side of Winthrop Drive_ running , thence alone the northwesterly side of Winthrop Drive'; South 62 . degrees 21 minutes West, 105.10 feet to the point or pla'ce:of IiEGI1U4I1.1G .� • i1. TOGETHER with ail right, title andinterest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines'thereof; TOGETHER with the appurtenances and all the estate anti rights of the party of the first part in and'to said premises; TO HAVE'ANDTO, HOLD the premises herein granted unto the part of the second part, titp heirs or successors and ass*,s of . the party of the second part forever, as ten nts in co on and not by the ennrety each having an undivided 1 interest in the premises. AND the party of the first part covenaids that the party of the first part lips not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. - AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and trill hold the right to receive such consid oration as a trust fund to be applied first for the purpose of paying the cost of the improverilent'and will apply the sante first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party' shall Ile 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 decd the day and•year first above written. IN PRESENCE or., r.. r.k .ra 3 1 S C' k t I/ Michael B. Maw L and 5.1, D,.J x ldr C,---, li- 3rinrnr, A:-InJ;r;J.il wl;,.rprca,r,v, 1•inRlr.hr.r) CONSUL? YOUR LAWYER BEFORE SIONING THIS INSYRUMENT--THIS INSTRUMENT SHOULD DE USED BY LAWYERS ONLY THIS INDENTURE, made the I , r day of September , nineteen hundred and. SevKClnC1VEC BETWEEN MICHAEL 11, MAU residing at. 125 E. 84th Street, New York, New York, party of the first part, and n BOARD OF APF ,•IILLIAM fl, 1100D, JR. and MARY L WOOD, his wife, both residing•at207 Fern ;;greet, as tenants in common West Hartford, Connecticut 06119, and not by the entireties, each having an undivided � interest' Ilion), of the second part, WITNESSETH, that the party of the first part, in consideration of Tett Dollars and other valuable consideration 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 [hat certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Scluthol:l, Fishers Island, County of Suffolk, ar,d St t.e of New York bounded and described.as follows: B(IINHING at a monument on -the northwesterl'y side of Winthrop Drive, said monument being located South 62 degrees 21 minutes West,. 811.79 feet from the southwesterly side of Equestrian Avenue, said monument also being located 425.28 feet North of a point w)hich.is x,234.42 feet West of a monument marking the -U.S. Coast & Geodetic Survey Trianf?'ulation station, "Pros" and running thence along.the rnortl:westerl,v side of Winthrop Drive South 65 degrees 19 -minutes !:'est, .7.10 feet to its intersection with the northeasterly side of Reservcir Road-, thence along the northeasterly side of Reservoir toad following courses and distances; (1) North 27 degrees 38 minutes hest, 200.63 feel (2),Ilorth 116 derrees 13 minutes West 47,88 feet; (3) North g9 derrees 13 minute: West 43,70 feet; running thence along larTd formerly of Race Pc -int Corp. North 62 degrees 21 minutes East 2"3.9') feet; runninr thence alone land now or formerly oT Lila W. !•lilrter,iirir., South 26 de,reetc 57 minutes East 90-40 feet; running t:e nce ,tlon land now or'fornerly of Michael Maw, South 20 degrees 117 mint:tes East 47.05 feet ani Scutn 27 degrees 39 minutes East fret .tp-t;he nort'tt;,esterl;: si-le of ldinthron Drtve: running r,b."trtce -?,,lone the nortiviesterl:: siae of 1-lintlhrop Drive; South 62 de;:real' 21 Ir:inutes !•;est, 105.11: feeC. to the point or place of L•EUIII:I.I.ifr,, TOGCTIILR with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the nhove describtd premises to the center lines thereof; TOGETHLR with the appurtenances and :dl the ,:dale luld rights of the poorly of the first part in and to said premises; TO HAVE ANTD TO HOLD the premises hercnt granted unto the part of the second rt, the heirs or successors and assigplof the'furty-of the second part forever, as tenants in co on and not by the entirety, each having an undivided �* interest in the premises. AND the party of the frst part coeenaea tllu the parte Of rhe first part has not done or suffered anything tchtIthl the said premises have Ixen encumbered in any way whatever, except as aforesaid. A: jBaigafn anb bolt ;3eeb \'hill CI"IVExANI' AGAIN\l CNANrurs Acis I Lc rin.. 71'-S-()4202 \ LT N MICHAEL B. MAW TO NuLIAM Hr WOOD, JR. MAILY L. WO t �I,F roN� fN NIW YORK IOARD N nTIE UNDERWRITIRr II vies !I .DALr6wd,. iJ. ACTION -t \ ' • 'Fill, BLOCK .jiff IF"r' Ti;- LOT COUNTY OR TOWN Town of Snuthold RRleRreiMAy.Rayr,.,na1.3h., a:llle. fyt[Aw\w: (',awpjpr RETURN BY MAIL TO: WILLIAM H. WOOD, JR., ESQ., I Messrs. Hoppin, Carey & Powell, 266 Pearl Street, Hartford, Connecticut 06103, Zip No. I. wilit. Lu x:. �' V W L" L, in DOp � l L in Lu in ' 1 HC.'AI Yt�4'i` ^7�1 �1�� rya 039 PACE 135 OT NfW YORK. COUNTY OF i,i STATE OF NEW YORK. COUNTY OF tlRLlf ( - ,hl 011 -X-!lad' of September 1971 , before mi, On the day of 19 , before me 1-r: e-Ia Pr r:n le personally came ' NICHAEL B. MAW, nu L:❑mrn to be the individual described in and'.who to me known to be the individual described in and Who II�, (ure Ding instrument, and ackno\wled eJ that iI^ g executed the foregoin instrument, and atknowleJ o,LOC f. ED�J`�/' 'i`+r r_ctcuted t\e same. executed the same. y u:. otary' Publi , ' JANE S.\FAGAN Notary Public, State of Now York {•Tang S, Far•:±n, Hotary Pitt�lic, :tate of hese York 11•80ARD10F - No. In Queens .. Quapfled M queensns County t;'ualifie:ri in Queen; /APPEALS Comrniasion Expires Merch30.1972 Commission, Expire, March 31), 1?72'1 . SrATE OF NEW YORK, COUNTY OF Rv STATE OF NEW YORK, COUNTY OF ssr Qu the dot` of 19 before me On the day of 19 before me p.:r. malll came. personally came to iie (mown, who, being by me duly sworn, did depose and the dhbscribing witness to the foregoing instrument, ,with say that he resides at No. ,whom I am personally acquainted, who. being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and ,which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; tkiat the seal affixed described in and who executed the foregoing instrument; In'taid instrument is such corporate seal; that it was so that he, said subscribing witness, was present. and saw affixed by -order of the board of directors of said corpora- execute the same; and that he, said ,witness, tioni and that he -signed h name 'thereto by like order. at the same time subscribed h name as witness thereto. jBaigafn anb bolt ;3eeb \'hill CI"IVExANI' AGAIN\l CNANrurs Acis I Lc rin.. 71'-S-()4202 \ LT N MICHAEL B. MAW TO NuLIAM Hr WOOD, JR. MAILY L. WO t �I,F roN� fN NIW YORK IOARD N nTIE UNDERWRITIRr II vies !I .DALr6wd,. iJ. ACTION -t \ ' • 'Fill, BLOCK .jiff IF"r' Ti;- LOT COUNTY OR TOWN Town of Snuthold RRleRreiMAy.Rayr,.,na1.3h., a:llle. fyt[Aw\w: (',awpjpr RETURN BY MAIL TO: WILLIAM H. WOOD, JR., ESQ., I Messrs. Hoppin, Carey & Powell, 266 Pearl Street, Hartford, Connecticut 06103, Zip No. I. wilit. Lu x:. �' V W L" L, in DOp � l L in Lu in ' 1 ,..J,J �. Y. r I', I'.: ,. i , - • s.,.'.+i,.t- tl., g,in -J S,Jr U:rJ -h Corm ag,in C--*, Ar,.—I.di,.J,".1 ue C.rpo 6... CONSU: OUR LAWYER BEFORE SIGNING THIS•IN STRUM ENT—THIS INSTRUMENT )ULD BE USED BY LAWYERS ONLY. 6158 ':i _ 26 TH15 INDEMURE, made the l uday of February , nineteen hundred and Sixty—seven BETWEEN RACE POINT CORPORATION, a New York corporation, havinpod�rEIvE office at 1 Chase Manhattan P , �� New York, N. Y. 10005, a �/ party of the first part, and TOWN OF SOUTHOLD, a mun tRD. OF APPEALS subdivision.of the State of New York,. County of Suffolk, Southold, New York party of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00/100 ----------------------------------------------------- ($1.00) dollars, Iawful 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. t ALL that certain plot, piece or parcel of land, with thq buildings and improvements thereon erected, situate, lying and being yaxaeat Fishers Island, Town of .Southold, County of Suffolk and State of New Yorl:, boilnded and described. as follows: Beginning at a drill hole in the walk -at the intersection of the Southeasterly line of the herein described tract and eah a South- westerly line of Equestrian Avenue, said point.being 777.88 feet North of a point which is 4452.83 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running.South 620 211 West 856.54 feet. to a drill hole;.thence South 650 191.West 120.53 feet to a spike; thence North 860 O8f West 215.28 feet to a drill hole; thence South 360 581 West 49.05 feet to an iron; thence South 20 261 West 115 -36 -feet to an iron; thence South 80 221 East 125.66 feet to an iron; thence South 80 021 West 91.39 feet to a spike; thence South 250 101 East about 24 feet; thence South 640501 West 13.0 feet to an angle in the Northeasterly line of Trumbull Drive; thence along said Trumbull Drive line North 790 031 Wast 105.9 feet; thence North 780 111 East 50.99 feet; thence North v° 021 East 86.0 feet; thence North 80 221 West 123.25 feet; thence North 20 26t East 135.62 feet; thence North 36° dot East 91.60 feet; thence South 860 081 East 152.99 feet to a spike at the intersection of the Northerly line of the herein described tract with the Southwesterly line of Reservoir Road; thence North 830 591 East"53.72 feet; thence North 650 191 East 87.10 -feet; thence.North 620111 East 811.78 feet to the said Southwesterly .line of Eque::trian Avenue; thence along said Avenue lire South 2'70 341 East 11.-,' feet to a monument; thence along said Avenue line.South 70° 021 3" East 58.22 feet to the point of be�innin.= . a r-:,L�,a =•0 feet in :iidth known as Winthrop Drive extending JCC.%:,wes ,-�rlf _i•ro":i E•;ue3trian Avenue .tc, Trumbull Drive. T.:•_ether 7ilt(i t_Ie iii; ht to use and maintain any drain lines e :tendin Wasterl;; i'rom tale above described tract to Silver Eel Cove. i:: cectin_ L!,ere-from r�hat portion of the Department of the Navy Rati:_. Site ,.:;icr, a;:tendc Westera,, from the Westerly curb line of for e_:istinZ crater pipes, sewer drains an i_:e _..'-1'cele-1icne polec, lines, equipment and c7• unlit;; companies to use, maintain, re - I: lie, said pipes, drains, poles, t� L�PyrnJ/Af Z70-IOM-Bnyain and 5>la Deed. •v.h Covenant aparnrr Granror'r Acn-lndi••idual or Carper arion. (rinLl. .heel). CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the I 'i day of September, nineteen hundred and seventy-one BETWEEN RECEIVE MICHAEL B. MAW residing at I g 125 E. 84th Street, New York, New York, party of the first part, and [BOARD OF APPEALS 14ILLIAM H. WOOD, JR, and MARY L WOOD, his wife, both residing at 207 Fern Street, West Hartford, Connecticut o6119astenant n common�� . and not by the entireties, each having an undivided I�interest party of the second part, 'iaw,ry WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration aid by the party of the second part, does hereby grant and release unto the party of the second part,. the heirs r successors and assigns of the party of the second part forever, LL that certain plot, piece or parcel of land, w' j'situafe, lying and being in the Town of Southold, Fishers Island, County of Suffolk,.. and State of New York bounded and described as follows:.;,... BEGINNING ata monument on the northweslterly-side of Winthrop. Drive, said monument being located South 62 degrees 21 minutes=West, ' 811.78 feet from the southwesterly side of Equestrian Aventie,..said monument also being located 425.28 feet.North of a point which ;is 5,234:42 Feet West of a monument marking the U.S. Coast &;Geodetic. Survey. Triangulation Station, "Pros" and running thence along the northwesterly side of Winthrop Drive South 65 degrees 19_minut:es West, 87.10 feet to its intersection with the northeasterly side of Reservoir Road; thence along the northeasterly side of Reservoir Road following courses and distances; (1) North 27 degrees.'. -38 minutes- West inutes blest, 200.63 feet (2) North 46 degrees 13 minutes West 47.88.fe.et; (3) North 59 degrees 13 minutes West 43.70 feet; running thence along land formerly of Race Point Corp. North 62 degrees 21 minutes .East 233.90 feet;.running thence along land now or formerly of -Lila W. Wilmerding, South 26 degrees 57 minutes Easr 90.40 feet;. -running thence along land now or formerly of Michael Maw,' South 20. degrees 117 minutes .East 47.05 feet and South 27 degrees 39 minutes.East. . 155.89 feet to the northwesterly side of Winthrop Drive; running!. thence along. the northwesterly side of Winthrop Drive; South 62 . degrees 21 minutes West, 105.10 feet to the point or place -of BEGIi71.1ING .n TOGL-TI.11112 with all right, title and interest, if any, of the party of the first part in and to any streets and 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 assigps of the party of the second part forever, as tenants in common and not by the entirety each having an undivided g interest in the premises. AND the part), of the first part covenaias that the party of the first pait has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of -the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improveriiertt'and will ripply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The Word "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. IN PRESENCE OF: D Tr:f 1 33.50 t iIT. s/ S/ Michael B. Maw 1W! mow. 4:ndard N. T. B. T.U. Form 3606. 3-61.7ht—Bargain and W, Dccd. w Auur C--, igalma Gnnroi a Aaa—Indi.idual o, Corponaian. •CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. iI I 0. 90,im r 573 PAGE 441 i THIS INDENTURE, made the 16--. day of adsrdr nineteen hundred and sixty-five• T\' BE WEEN .RACE POINT CORPORATION, a New York corporation;, having an office at aft 1 Chase Manhattan Plaza, Nev York, New York.10005 (hereiner sometimes > RE "Race Point"), calledE VEnD . i AIL Psi " party of the first part, and MICHAEL B. MAW, residing .at 120 East End AvenvRe�i `Yt7=k`,'r APPEALS I New York (hereinafter sometimes called "Maw'% I. 1i -9 I N 1 party of the second part, - WITNESSETH, that the party of the first part, in consideration of Ten and 00100 (10.00) t ---------- ---------------------------------------------------------------- dollars, 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 a ' successors and assigns of the party of the second part forever, i those .I ALL jh4tt certain plot;pieces7r parcelsol.land, with the buildings and improvements thereon erected, situate, . lying and being ixxiie at"Fishers Island, in the Town of Southold, County of Suffolk, State, of New York, as described on Schedule A attached hereto and made a part I, hereof. The premises described on Schedule_ A (hereinafter referred to as the "Premises") ar'e'shown on'a survey, •.dated. September,, 1964,, made by .Chandlek,&.' Palmer, a copy of which-is.attached'heieto and marked "Schedule B". i .. BOARD OF .APPEALS SCHEDULE A Seven certain tracts or parcels of land with the buildings standing thereon located at Fishers Island, Town of Southold, County of Suffolk, State of New York, being bounded and described. as'follows: TRACT NO. 1 Beginning at a monument on the Northwesterly line of Winthrop Drive, said monument being located South 62° 21' West 575.88.feet from the Southwesterly line of Equestrian Avenue, said monument also being, located 534,75 feet North of a.point which is 5024.66 feet West of a monument marking the.United States Coast and Geo- detic Survey Triangulation Station "PROS". and thence running North 27° 39' West 201.8 feet; thence South 62° 26' blest 124.94 feet to an iron pin; thence South 20`47. East 47.05 feet to an iron pin; thence South 27° 39' East 155.89 feet to the Northwesterly line of said Winthrop )Drive; thence along said Winthrop Drive line North %l 620'211 East 130.80 feet to, the. point - .of beginning. Containing 0.60 acres more or less... TRACT NO .2 t Beginning at :a monument on the. Northwesterly line of Winthrop j Drive, said monument being located South 620 211 West 811.78. feet frog. the Southwesterly line.of.Equestrian Avenue, Bain monument also being located 425.28 feet North of 'a point which is 5234.42 feet hest, of said "PROS" monument and; thence . running along said Winthrop II Drive line South 650 19' West 87.10 feet to. its intersection with the Northeasterly line of Reservoir Road;thence along said Reser- voir Road line North 27'. 38' West 100..63 feet; thence North 63° {I 191.EG;t 192.19 feet; thence South 27' 39` East.102.00 feet to said. .' Winthrop Drive line; thence along said Winthrop Drive Line South . ' 62° 21' West 105.10 feet to the point ,of beginning. Containing 0; 45 more or less: ai .acres - .' TRACT' NO. 3 Beginning at: an iron pipe' on the Northeasterly line of Reser - voirRoad, said point. being located' North 27' 38' llest.20.0.63.feet from the intersection with the Northwesterly. line of Winthrop. Drlvz; ... said point algo being -located 566.71 feet North of a point which is :r 5406.58 feet West.of said !'PR.OS" monument and thence running North'. 630 11! East 198.52 feet to an iron pin; thence South 20° 47' E�s� k S I , ED 24 2 . BOARD OF APP I 47,05 feet to an iron -pin; thence South 270 39' ast 53:89. feet; thence South -,6.30 19' West 192.1y feet to.s.aid Reservoir Road the line; thence. along said Reservoir.Road line North 27° 38' 4lest 100.00 feet to the point of beginning. Containing 0.44 Acres more or less. �.. TRACT N0. 4 Beginning at an iron pin on the North Northeas 38' YWest e200.63of sfeet voir: Road, said point being located iJorth 27° 38' from the intersection with the Northweee�rNorth ly nofe. �a poirihrwhiohiVe, said point also being located 566.71 is 5406.58 feet West Of. said "PROS" monument an�hencecNorth n26°.:57' North 63° 11' East 198.5? feet to an iron .pin;° , West 233.90 feet West 90.40 feet to.a-monument; thence South 62 21 . to a monument at said ReservoE Sta43170efe.etence al thencenalongas.alder voir Road line.South. 5.9° 13' ! Road line South 46° 13' East 47.88 feet to the point of beginning., Containing 0..43 Acres more or less. TRACE? . _ Beginning at a.spike at an angle in the Southerly Southwesterlyifrom' throp Drive, Said point being located 7 said point also being ttie South�•resterly line of Equestrian Avenven ue, 0 feet blast of oint which is 5315-05 located 360.43 feet North of µ P East..190,07 said "PROS" monument .and thence ru211 Est 10 27° 39' feet to a.:spike; thence North 62° 2l' East 106.94 feet; .thence North 41es.t .184.49 feet to' a drill hole in the walk at the Dive - .2.7°'39' said Winthrop easterly line of 4f1West°107.10 feet etoethe °point of beginning. line South 65° 19' Containing 0.46: Acres more or less. TRACT T NO. 6 line of :Winthrop Beginning .at a spike at an angle in the Southerly front the,.' Drive, said point being located 977.07 feet SOU ointthwesalsoybeing southwesterlY line of Equestrian Avenue, said p located 360.43 feet North of. a point which is 5315.05 feet :blest of said "PROS'; monument and thence running.alorig said Winthrop et 6� 8' 41est 49:05 Drive line outheasterly'linetoflsaid DrivetSoutho a r311 Sole; thence along the S the Easterly line -of said Dri10. feet to an iron pipe; thence ;along Pipe; thence South 830 ` South 20 26' West .115 feet tothenceiron North 27° 39' West 117.00 feetWest to the6pointeoftbeginning. Containing 0.85 Acres more or less. ai'`=� I97ECEI ED LIBER.5I36 PAGE 450 and offering to convey the Premises or porta�OARG 0RdV.PdEA[p,5 the ce, .ace is and conditions. Within 30 days after receipt by Race-pointPolrlt un Pat .l notice, Race point may elect to ,purchase the Premises.: or portion thereof to b� cgld on said erns and conditions, and 'upon receipt;,of;notice;of such election; Mau. shall coavey 'the Premises or `portion thereof to be,sold to Race,.;Point.as hereiii� after provided. If Race'Point sha notelect eo �to purchase the Premises o� P6k6i(,r thereof to.be sold, Maw 'shall be free _to convey thq same -'to the. proposed'pureturo 'r identified' in''said notice on the same terms and conditions specified therein, vided that sych conveyance shall takppp_ e place a within 94 days after the earlier of (1) the expiration of the above-mentioned 30 -day period or .(2) the date Maw received notice from Race Point that it does not elect -to purchase the Pzemises or portion thereof to be sold . (b) ihe provision's of paragraph (a) shall apply to .any transfer' by Maw without coa�ideration, except t1.hat the purchase price at wh�lch.Race Point may eael- rise its option shall be an amount equal to the then fair market. value :of the.,.: Premises or portion thereof. 4. 2. Within 30 days after Maw has received notice.that Racer Point has exer risen any 'o� ,the foregoing opt to shall deliver or cause to be, delivered '. to Race. a Bargain.and Saie'Deed, in recordable' form and in alI respects satisfactory _to Race Point.. Upon delivery of such Deed, Maw shall vacate and surrender 'possession of the Premises or portion'thereof .to Race _Poiat.'_ 3• Any transfer or conveyance of the Premises or portion. thereof by Maw in violation .of the foregoing provisions shall be void. ' 4. The foregoing covenants agreements -shall run with the laud, shall bind the heirs, distribute'ee,' persona rep and assigns of Maw, and shall;: inure to same benefit. of the successors and assigns of. Race.Ppint.`_ Race point shall have: the same options to purchase the Premien or any,.portion thereof, against alT'' subsequent owners of the Premises-, it being. understogd that_ the irord "MaW sten . used in the foregoing paragraphs shall.include the heirs,'distributees, personal:._ representatives and assigns .of Maw. QUITCLAIM DEED THIS IIMENTURE., made this (P day of e4 Af I- 1955r between the UNITED STATES OF AMERICA, acting by and through the ADMINISTRATOR OF 1ENERAL SERVICES; under and pursuant to the powers and authority contained in the Federal Propertyand Administrative Services Act of 1949 (63 Stat. 377) as amended, and Regulations and Orders promulgated thereunder3 party of tht first part, and RACE POINT CORPORATION, a corporation organized.and existing ande r the laws of the State of New York -having its principal place of 3usiness at 110'Willia-m Street in the City, County, and State of New f WkEIVED ?arty of the second party., W I T N E S S E T H That the party of the first part, for and in conside%QW OF APPEALS the-. sum of ONE HUNDRED ($100.00) DOLLARS, -lawful money of the United States, and other good and valuable consideration, paid by the party of the second psrt,_Jhp receipt of which is hereby aeknovledged,. does hereby remise, release, and forever quitclaim unto the party of the second pa#i its. saccessors. and assigns, without representation or warranty, express or implied: ATL those tracts, pieces or pa'rcels,of land-, with the buildings and Improveiints thereob, -situate.on Fishers shers Island in the Town of Southold, County -of Suffolk, State of.New Yorks bour4ed, and described as.follows: PARCEL NO.;l BEGINNING at a drill hole in the sidewalk at the inter- section of the Southeasterly.line of -Whihi6p. Drive, so CiLueds and the s6uth �terly,,linie of Equestrian. Avenue at the Northeasterly corner: of land coz!vpyed,.td the Board. of Education' Fishers Islai2d.UiiiotL-Free.*S.chool,:.District*io.4, T6vn-of'Southold Dlstrict.No.*li said 0* th being located:. .777 88 feet. North - of a point .- which is 2188 feet West of a monamentmarking the U. S—Coast. and Geodetic Survey, Triangulaiion Station -PROS". and thence running al6ng said 39qa6strian.A4enue.-Line-North '760-02! 30n West 58.22 feet to a monuments- North 27o 34.39-st 25.06. feet to ':a *monument, South.620:M.C:Wi�st;1.61 Feet 'and-NoAhjlo� 18! Westz1$8.41. keetto a. mona�t at land of John Wilmerding; thence South 2 6 0 * - - 0. . .26! west 687'.22.feet; thence -North -.26 57!;,.Westabout 405' fe t t ':6 niimeht thence North 32° 14t-�E st'LA5 0 -feet to o mo a MOnument, these last _tb�reeliiiesabutting NoAhmesterly.- Northeasterly and Southeisteily:onland of said.Wilmerding; thence North 3501'241 WA 424-O..feet-to a - monument; thbnce North 460 581 West - about .408'. feet to the shore line of Fishers' :Island Sound, these -last iw6:Iines!2 abutting North- 6asierlj on land now or formerly of' the Estate of S.A. Salvage i • ED. LIBER 4615 PAGE ?04 these last nine bearings are referred to thet e meridian; - thence following the meanders of said. shore 0AR®SOR-APPEA 5 westerly direction about 1500 feet to the Northeasterly side of! the; inlet 'leading to Silver Eel Cove; thence Southeasterly along said inlet about 70 feet to the shore line of said cove; i thence following the -meanders of said shore line in a general Northeasterly and Southeasterly direction about 700 -feet. to land designated,as the "Fishers Island Lifeboat Station. Qgarters Site°;: thence Nort)'i 540 East about'133.feet to a rod; j thence South 450 301.East'176.0 feet to a spike; . thence. South 320:301.;East.34.0 feet to a spike; thence South 14°'East .173.1 feet to a spike; thence.North.72° 30' West. about 237 feet to the shore .of --,said Cove;these last five lines abutting: South- outh-easterly.;Southwesterly 11 easterly.; Sadthwesterlyand Northeasterly on said Quarters Site, these last five bearings are:referred to.the.magne-tic.' meridian; thence follow�iiig the meanders of. said: shore'.line iii a'Southerly direction about -`.50 feet to land:designated- . as the Department of the Navy..-: Ramp Site.; thence South 750 East about.155.feet to a point on the Northwesterly curb. line.. of W=throp:Drive; thence along said road•line'South 421 13'•.West on a chord of a..curve a distance of'6745 feet; thence..North,750 West about 124 feet to -said shorelinea : these last three lines abutting:Southwesterly,. Northwesterly and Northeasterly on.said,Ramp Site, these.last three;b`earings ' are'referredF_ the magnetic meridian- thence -following the . meanders of said shore. line in.a Southerly and.Southiie'sterly ` direction. about:. 300. feet to•Government-owned land to veyed to Town of Southold for.air$ort use; thence South.25°.. 36! East -37 feet; . thence'South 79 ",:03." .East ;105 9 feet, tiara thence -"South -259 10' East 165;9 _,. feet; -to the :Horthwesterl y curb -line 'of, Tdiistler Ivan- these last three-;.liriee'abutting So>zthwesterly on,Government-owned::, -.- land,to:be conveyed.to Town -of Southold Por airport.usethence. along said Whistler Aven°e Line North 67° 13' East1578 1 feet, North 46°` 39' East 82.6 feet and' North" -28° 19'' East 119 31 feet. Southerly:line..of E4uestrian Avenue, thence aloidg. -to .the said Equestrian Avenueline`-.South.7916':28115"!Aest';731 fee't... ;to't:6 Southeasterly corner'land oS:.the II:Si Na vy,'thence South 28° 19' West 97 39feet; ahence:South 43°'26' West" 60.12 feet, these:.two lines abutting,Northwesterly on�said . Navytland, thence. South 6713'.'.West 463 70 feet, abutting Northwesterly on said Navy, hand"andr-said School `District' land; thence.Xoroth 22° 47,' West x161 55 Seet simoauinent i {to thence -Smith 67: 13!, West 154.35-feet:to a monriment, thence North -`23°:46 'West286,70 fe4to4-dri]1 hole `in the"' --Palk at the Southeasterly line: of said Winthrop Drive, thence (.North 620 21 `' East `354.5 feetcto the point of,beginnin`g 'these last four lines abutting.Northeasterly, Northwesterly, Northeasterly and Sontheasterly'on said School;:District- j landi,Jbese last fourteen bearings'=are referred to -the true ! meridian. I ' EICEPTING.therefrom a tract of land occupied -by the I U.S. :Coast Gnard designated as the Watch Tower:`Site-or Lookout Toiler Site,jocated'on the easterly side *of Res- . r ervoir Road, also: kmvr.i as'Jones Road, near' -the salt water reservoir,described as follows: THE POINT OF'BEGINNING for.the boundaries of. this. tract of9in is a. 3/8 -inch iron rod FOUR..AND.No TENTHS (4:0') FEET long sunk in, the ground at the point .formed by the. inter-- section of the diagonals of the FIFTY AM NO TENTHS -(50.0') FOOT square tract of land immediately. Northwest of .the Salt Water Reservoir. The iron rod is located by the intersection F of two (2) lines.projected from'a THREE HQIMM' AND NO TENTHS t -(300.01) FOOT base line on the. timber wharf in the Northwest.: - . corner of Silver Eel Cove Harbor. The location description. 1 I - 2 - E^,' 15 �' . ue�:aenc€ W of the aforementioned point of beginr�ng from the. THREE HUNDRED APID NO TENTHS -(300.0') FOOT base i.ine.is as follows: BEGINT%.rNG at a point on the dock sidei of the timoer wharf -'A he.Northw:st part of the Harbor knovm is Silvfr Eel Cove p and running normal with the dock side' of i:he timber wharf . to a point SMN AND NO TTNTHS.(7.0').:FrEY in a Westeray �® direction; then turning and running.THR)T- HUbIDRED AND NO TENTHS (300.0') FEET South 300 East on 'a line parallel to the dock side of'the timber wharf,.establishins a THM HUNDRED AND NO TENTHS -000-01) FOOT base line. From the. point marking the Southern end of this base line and at an angle of 670 30' with this base line, project a line in a Northeasterly direction toward the Salt Water Reservoir. From the point of the Northern end of this base and at an angle of 910 59' with this -base line, project a line in an easterly direction toward the Salt Water Reservoir. The of -intersection of these two lines locates.the 3/8 -inch , point iron rod FOUR AND NO TENTHS (4-01)FEET long sunk in the ground and is the point of beginning for the metes and bounds des- cription of the aborementioned tract. BEGINNING at the 3/8 -inch iron rod, as located by des- cription above, -and running North 450'001 West a distance of THIRTY -FM AND THIRTY -SII ONE -HUNDREDTHS (35.361) FEET to a. point on the Northwest corner of the tract; then'turnI and running FIFTY AND NO ONE -HUNDREDTHS :(50.001) FEET East to a point on the Northeast corner of the tract; then turning and ranning FIFTY AND NO ONE -HUNDREDTHS (50.001) FEET South to a point on the Southeast corner of the tract; then turning and running FIFTY AND NO ONE -HUNDREDTHS (50.001) FEET West to a point on the Southwest corner of the tract, then turning and running North on the line connecting the Southwest corner with the Northwest corner of.the,F3FTY-FOOT (50') square plot, a distance of FIFTY AND NO ONE -HUNDREDTHS FEET (50.00') to close at the Northwest corner of the FIFTY -FOOT (50') square. All bearings are referred to the magnetic meridian. FURTHER EXCEPTING therefrom a tract of land to be occupied by the U,S. Coast Guard, designated as the Communications. Antenna Site located in the northeasterly portion of the above described property and situated north of Reservoir Road,.also known as Jones Road, described as follows: BEGINNING at a cross encircled with yellow paint chiseled on a large rock outcrop sixteen (161)ffom the edge of a bluff, which point is N 330.- 58' E a distance of one thousand seven hundred forty-two feet (17421) more or less, from a spike mark- ing the south corner of U. S. Coast Guard Parcel No. 1'(C.G.#1) on Plan of Fort H.G. Wright Reservation prepared by Chandler & t$chedjre Palmer, Engineers Norwich Conn., dated.Febrnary 7, 1955, beginning OPY a se e ruary , 19 7, and said point of also located N 40-0' W seven hundred and thirty feet (7309, more or less, from a standard United States Coast Guard brass'survey mark D set in concrete on the southwest corner of the United - States.Coast Guard watch tower; THENCE S 330 - 52' E eighty-two and seven tenths feet (82.71) to a standard United'States Coast Guard brass survey mark A set in concrete twenty-six feet (261), more or less, from the center line of Reservoir Road; THENCE around a circular curve to the left whose radius is,one hundred thirty=seven and one tenth feet (137.1), whose length is one hundred eighty-six and five tenths feet (186.51) and whose long chord is one hundred seventy-two and four tenths feet (172.41) bearing S 90.- 33' E, to a standard United States Coast Guard. —3 iJBERAl11-5 PA086 brass survey mark B.set in concrete.twenty-seven.feet (27!.); �.. C more.or less, from'the center line of Reservoir Road; THENCE GELD l g 480,_ 3V E fourteen andrnnety-nine hundredths feet (11.991) g CE to: a point, THENCE,S 469 - 3?r W thirty-one and thirty=four hundredths feet (31-341) to a_ one-quarter inch lag screw set w - Anconcrete twenty seven feet .(271), more or less.1 from the center line of'Reservoir.Hoad; THENCE around a circular curve to:the:left .whose radius is two hundred seven and five ',tenths 'feet(20M'%(207,54) Whose length is one 'hundred thirty five and RD ('F seven tenths feet (135.7!,) and whose long,chord is•one'hundred �j P thirty-thre6.andz-three'tenths::efeet (133.31) bearing S,27.9-471 , to a.cne,-quarter inch lag. screw set in concrete twenty,- seven feet:(271),.more.or less, from_the'center line of Reservoir., Road, .THENCE around a;circul-ar.,curve to the right:whose;•radims -+ islfovr'hundreditwenty nine and three.tenths.feet - �. , ., � �►ose length is Weighty tvo and3 nine tenths feet, (82 94:)+and-.rhose; . long; -chord is eighty-t�ao,and eight tenths, feetY�82 8�),bearing 1 (' 'S l2E 51''b, to=standard Dnited States Coast Guard,brass sarveymark?C{set'in eoncrete�tventyrseven feed.(27!),i_more or'lPis,,,from! the; center, �lin`e of.Teservoir Road, THENCE N 69°'-. 374•H one:;bumdrediand Yifty five .and, nine tenths feet i (155.94)1to a chiseled cross encircled with: yellow paint on the ;rock OUItgrop on the:bigh point of. the bluff, THENCE(con �ti m+ in the same direction ififty ,aeveni andltvoAenths +feet r(57:2�') t° a�oae quarter anch�lag screwaet in hconeret'eat„ e(edgei of 2thekbluff; sTHF.NLE con g �in�sthe�samepdirectson 3 �yae .hundred„fi.fty feet,�(150 , rem errless,tZto Gth'e meanjloA t 4, srateriline�; THENCE;follorringf tahepaen low water,�linelnortherly ? t F;direction three 3,hundredoand�fortyteight,feet(348,)amoxeor less f_a !point; THENCE -S 33 52r E;one hnndredand fiftyYeet $ (1500f more 6r less to the POINT C BEGINNING:] 3 C ,FURTHER =KPTING'aneasement f6t,an,acces6route+;between the;!Coast::(iu watch:tower an , dthe antenna .siteconsisting: of=a strep:-oi�land_t weutyfeet;(204) wide�wheseicenter,411ne begins at_:a one-gaarter;,inch lag: screw. ete at the point on=the east'boundary line+_of �the:.snteana site where the:` curve to theileft ;changesyto;a.ourve tovthe�right) extends S 4° 19y. E a distance 4of' three,,hunared sy:feet, (3600, _ more or _less, to: the north side'of the_ preserit`$0fee�"�t q are watch Oto rer, tract ..'and `.passes ft -8 of'staridard sprrvey mark wat m the.,i a ch, tower: ' All'.bearangs=are referred 'to.the magnetic meridian.• _ p - i . PARCEL NO. 2_ BEGINNING at.a point on the; Northwesterly:line of Whistler Aveaue,:,said.point being:;located 210:"48 feet_South of a point shich'is. .5518 48:feAIW st:of�the said:"OS11'monuuient and thence ,-„nn .North 250 10, West 159:9.feet;-,then6e.-'South'- 53°'15!•West 89:31 feet; thence South'67o 17.1 West 157 85 -feet;, thence -North 43o 061. West 377.41' feet these-.last':-fouF line's , abutting;North-easterly: and Northwesterly on..Goveriment-caned land to- be:x riveyed to Town of; Southold for;.airport>iise, thence South -480 081,West•108'.85'feet abuttingNorthwesterly,:onAhe la' designated-as"D.;,S;. C..,G.iQaarters :Site thence South 41;5i1.East-456:33.feet,.abutting Southwesterly nn,Government- owned land',to be conveyed-to.Town of Southold for airport use; thence. along said Whistler.Avenie line North'670 131'East 322.1 feet to the point. of beg-1nn;ng- the bearings: :in..the.above des- cribed parcel'are.referred to true meridian. ie�a X31_5 mr 2..87 PARCEL -10. 3 —RE CEIVE J BEGINNING at a point on the.Northweste—rTy",line of Whistler (n R Avenue�.said point being 346.92 feet South of a pint which is W 5843.34 feet West of the said "PROS" monument and thence run - ring North 410 521 West 618.6 feet to;land designated as the "U: S. Coast Guard Site for Fishers Island Life Boat Station", abutting Northeasterly on Government-owned land to be conveyYOARD OFAPPE to Town of Southold for airport use; this last bearing is rep t/V ferred.to the true meridian; thence South 550 301 West 205.70 feet to a.spike, abutting Northwesterly on said Life Boat Sta- tion Site; thence North 510 00' West 119.95 feet to a rod, abut- ting Northeasterly on said Life Boat Station Site and a Site of .. i the.Department of the Navy; thence. South 500 33' West 182.75 feet; thence North 490 511 West 25.0 feet; thence North 500 33' East 40.0 feet; thence North 490 511 West 200 feet to a rod; thence North_410 091 East .317.2 feet to a rod at the shore of Fishers Island Sound, these last five lines abutting North- -westerly, Northeasterly and Southeasterly on the said Navy Site, these last seven bearings are referred to the magnetic meridian; thence following the meanders of said shore line in a South- westerly direction about 1800 feet to Government-owned land to be conve9ed to. Town of Southold,for airport use;, thence North 67°'131 East 785,60 feet; thence Sonth..220.471 East 125 feet; thence:North 670 13' East 329:2 feet; thence North 22° 471 West 125 feet; thence North 67° 13' East 768.55 -feet -to the point of beginning; these -last five -lines abuttiiz- Southeasterly Southwesterly; Southeasterly, Northeasterly arid Southeasterly on.G_overnment-oimed land to be conveyed to Town of Southold for, airport use,, these last five bearings are.ieferred to the true :meridian. TOGETHER WITH the appurtenances and all the estate and rights of the party of the first part in and to said premises. TOGETHER ALSO WITH the reparian rights; if any, and the right, title and interest to the land under water immediately in front of and on the shores adjoining a portion of the premises above described and under the waters of i Fishers Island Sound on the north as granted by Letters Patent recorded in _ I the; Office of.the Secretary of State,.Albany, New York, in Book of Patents 44 at Page 674 insofar as the lands under water adjoin and are appurtenant to the above described property and as shown-upon.the map on, file in the Office of the Secretary of State relating to said Patent. ? - j TOGETHER.ALSO WITH the right to use<in common.with others for roadway and highway purposes-Whistler.Avenue, 'Trumbull.Drive and N. Military Road, also known: as Greenwood Road; until. such time as the same are dedicated for.. public road and highway purposes. TOGETHER.ALSO WITH Pier'31 but excluding Pier 32. and Chapel Building T-355. i i -5- } n�9q �C?R PA... + LIBER'41',i,J its successors and assigns,.. ERVING UnGO the United Si.ates of Americ2„/ the following: ' 1. RESERVII-IG en easement for ingress and egress to. and from premises' IBO situated at the intersection of 1dn.istler. Avenue and Equestrian Avenue and: now on over and throuzh Winthrop .. occupied'by the Department of the :Naw, in,.. , Drive and. continuing across a reservation lane or road and along a si-mi lar road around the cove to the docking areas, and also reserving an easement for over land lying betwaeen the northerly side of Whistler ingress and egress said premises Avenue and the southerly boundary of occupied by the Department of 'the Navy, and the southerly boundary of premises conveyed to Fishers Island : Union Free School, District No. 4 by Deed dated June 27, 1956• 2. RESERVING an easement for ingress and. .egress to and from premises occupied by the Department of the Navy, ]mown as Navy Ramp, and :Pier 32 I I located on the southeasterly side of Silver Eel Cove, in, on, over and through Winthrop Drive and continuing around the Cove to the docking area, together t•. with a right to berth in Silver Eel Cove,,without any charge or expense. 3. RESERVING an easement for ingress and egress to and from premises i occupied by the U. S. Coast Guard and the Department of the Navy situated on the westerly shore of Silver Eel Cove, in, on, over and through a reservation I lane or road around the Coveand the docking area, Tyler Lane, Fox Laneand the Service Road intersecting Tyler Lane beginning at a point south of Building 209 on Tyler Lane, thence westerly in front of Building 210, thence. southwardl parallel to the said Navy property line and beyond to the intersection with i Fox Lane. 4. RESERVING an easement for ingress and egress to and from the property occupied by the U.. S. Coast Guard situated at.the intersection of Winthrop Drive and Reservoir Road in, ony over and through Reservoir Road, also known as Jones Road, Winthrop Drive and continuing across a reservation lane or road and.along a similar road around the cove to the docking area. 5. RESERVDIG THE right_to the United States of America.and its assigns ' to enter upon.the property above described for the purpose of removing Chapel j i. Building T-355. 6. RE, SEFIVING:the right to the United States of America, -and its assigns to maintain in its existing location a granite memorial with.a bronze tablet _6_ i { By the acceptance of . this Deea, Lne ,par uy and agrees, at its sole cost ,and expense, to refrain £rom interrupting, I impairing or disconnecting Craters electric, telephone and other communica- tion lines, and sever service to or from other property of.the United states, o£'America occupied by the Depart ent of the Navy and the United'States Coast Gard, property conveyed to the Fishers Island Union Free School" District No: 43 the docking area fronting on Silver Eel Cove and property known as.the ! W R.EC IVEO 11Ai.rport property", lyjng south of Whistler Avenue, for the benefit of the :United States of America, any of its agencies or of. its successorss`JandRaPi .API E% Lc 'of the property affected thereby,. and to maintain and repair all damage to said lines;:so as to ensure,contixmous service to the aforesaid property,'and for such purposes the party of .the fir;;t part hereby conveys to the party of the. second: part easements for ingress.and egress over property under the .jurisdic tion of the United States of. America. Such coveinant,.agreementp duty,and obligation of the party.of the second part shall continue until such time as the :rater, electric, telephone and other communication lines are transferred to the appropriate utility company under circumstances ensuring continuous service to the area served by such linesp it being understood that the:party of the first, part shall execute such necessary instruments so as to.corifirm` title in such lines and/or easements in said utility company. With respect to the sewer service, however, in the event the party of the second part'is•pro- hibited by law or otherwise to continue the present sewer system in ful.fillmen of the aforesaid covenant, agreement, duty and obligation, the party of the second part shall provide alternate, acceptable and lawful facilities. The party of the Second part further covenants and agrees that in the event the foregoing services or utilities are billed to it and represents con= sumption and use by any consumer and user of property not conveyed hereby, it. will charge the appropriate consumer and ilser for such utility or service in i an amount therefor no greater than charges established by official tariffs or filed or scheduled rates for such utility or services if any.. By the acceptance of this deed, the party of the second part further covenants and agrees to refrain from interrupting impairing or_disconnecting the salt water mains and related pumping systems unless a suitable and adequa i alternate,water supply system of at least equal capacity is .provided and installed'i.n the vicinity of Buildings 240 and 241 located near the intersectio i. of Whistler and Equestrian Avenues, and covenants and agrees to maintain and ' repair all damage .to•said..lines so -as -to ensure continuous..service,:the party.. of the first.part xeseruing.the right'but.not.the'obligation to .enter the . pumphouse known as Building 92 over property hereby conveyed to.perform in- cidental maintenance and operation of the pump and its auxiliaries.to the ' I 8_ _. .; i .. ly � ' ` .. Now ►_iBER rqG� { t - RECEIVED rf �+r ".Btl,•1 T' _ STS T/O/f BOARD OF APPEALS w . ;� Ij�t1 ,1�`j , r r r ' , , � � f •� r x -v f � , / - - � � R- : t �y;1�-�� M •J �"r � f '-�C , /, - � L'+IDT3 t �, I /r '1 �f� � � , x` t �� -�• lY-� "?�*•I :z, f J/�-t - � ' r V" O � ) . t' '�- �� cl,� �. �► z� �-ra, y ' ,. / -�r ,(+ yl,•Lz �.e l�? �• `` �, .. , / /r' /"� . / / / ,l ;,,7>•Ry:9 L jt .. ` / � 7 , ul;�.�',�..e rR'►.1� •' t• t�,j -�i %.. L / FJ,_� r , !.i22�4i L✓ J1S•a wt7,Jt`J.tt �ti-1ss�.44 -RECEIVED.{^ 1 y'C' D BOARD OF APPEALS Pl , i C_�] `Tr S z' k� I ' �3 - _ rr►' .;� 4' � P}r � .'r r ��� l s �''i +ti 1 v p -. ' y.rl '' �,`' �C��iK J1 iA aR , ,•.". :. �; r/!'� T'?5, ,�- j41;../F Y _�-� �,. /,'� '� eA %v�/tS �'C .s'r •`ea ,rt r .�`$-.�X! t e-- IIY" ) �' _ — .r,�l� ,','_� , '.e.—�.,. 'i •'e .`,^J�+-�'t I �j• i _'�� � LS ' , F.. � -"' a �r>�' / _ . Az f f ` Its 1 ! '� .�• , j, ` ' r�.+ 'Ills Awt Yom' •T: 11#�►7 f .% +N ... r �! ;22+:7. -1 �/ ; ,✓,;� 7RAcT No. 4 . � � • Beginning at an iron pin on the Rartbeasteriy line of Reser- voir Road, said point being located North 27° 38' West 200.63 feet from the intersection with the Northwesterly line of Winthrop Drives, said point also being located 566.71 feet North of a point w%ich is 5406.58 feet West of said "PROS`? monument and thence rennin$ North 63° 11' Bast 198.52 feet to an iron pin; thence North 26 57i1 West 90.40 feet to a monument; thence South 62° 21' West 233.90 feet to a monument at said Reservoir Road line; thence along said Reser- voir Road line South 59° 131 East 43.70 feet; thence along said Road line South 460 131 Bast 47„88 feet to the point of beginning. Containing 0.43 Acres more or less; aECEIV BOARD OF APPEALS Thomas A. Twomey, Jr. Stephen B. Latham John F. Shea, III Christopher D. Kelley David M. Dubin o Jay P. Quartararo } Peter M. Mott Janice L. Snead Anne Marie Goodale Bryan C. Van Cott Kathryn Dalli Laura I. Dunathan Lisa Clare Kombrink Patrick B. Fife Fred W. Thiele, Jr. Melissa H. Sidor Kelly E. Kinirons Lauren E. Stiles Patricia J. Russell Reza Ebrahimi Bryan J. Drago John A. Otto t♦ Bernadette E. Tuthill Craig H. Handler Alexandra Halsey-Storch OF COUNSEL Kenneth P. Lavalle Kevin M. Fox Karen A. Hoeg Jennifer P. Nigro 0 NY & LA BARS } LLM. IN TAXATION ♦ NY&NJ BARS OTHER OFFICE LOCATIONS: 20 Main Street East Hampton, NY 11937 631.324.1200 51 Hill Street Southampton, NY 11968 631.287.0090 490 Wheeler Road Suite 165G Hauppauge, NY 11788 631.265.1414 56340 Main Road P.O. Box 325 Southold, NY 11971 631.765.2300 Twomey, > Lath no Shea, Kelley, Dubin & Quartararo LLP A T T O R N E Y S A T L A W VIA HAND DELIVERY Board of Zoning Appeals Town of Southold Town Hall - 54375 Route 25 P.O. BOX 1179 Southold, New York 11971 0 &e6ratiny Over 40Yars of Service December 5, 2014 Re: Estate of William H. Wood, Jr. No # Reservoir Road, Fishers Island SCTM No.: 1000 - 9 - 9 - 11 Dear Board Members: MAILING ADDRESS: Post Office Box 9398 Riverhead, New York 11901-9398 MAIN OFFICE: 33 West Second Street Riverhead, New York 11901-9398 Telephone: 631.7 27.2180 Facsimile: 631.727.1767 www.suffolklaw.com khoeg@suffolklaw.com Extension 269 Direct Fax: 631.727.238 RECEIVED �oZ i m f f , In connection with the above, enclosed please find the following information for filing with your office: 1. Copies of the Notice of Disapproval dated November 20, 2014; 2. Original Application signed and notarized by the owners or representatives; 3. Print of survey prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated April 11, 2014 and further revised December 1, 2014; 4. Single and Separate search prepared by Chicago Title Insurance Company and dated September 28, 2014; 5. Copies of latest deeds for lot 11 dated November 26, 1971 and recorded December 9, 1971 at Liber 7064 page 298 and last deed of record for lot 13 dated November 26, 1971 and recorded December 9, 1971 at Liber 7064 page 295; 13; and 6. Environmental Assessment Form; 7. Copy of Town Property cards and zoning map for Lot 11 and lot 8. ZBA Appeal No. 734, November 16, 1964; 09 00 Also enclosed please find a check payable to the "Southold Town Clerk" in the amount of $750.00, representing the required filing fee. Please place this matter on the January 7, 2015 calendar. Thank you. KAH/lf Enc. cc: Steve Ham, Esq. RECEI�. 6VE�E,,, iOARD OF APPEALS go 00 I RECEIV� BOARD OF APPEALS R 1734 Fishers.Lsland, New York Dec. 3, 1964 Page 21 GRANTED permission to divide property with insuf-fi.aient frontage on property E/s Reservoir Road,.Fishers .Lslan.d, New York,. Lot No.15 sub.ject.04.the following condition: see on back. 1 1. No side yard variance may be granted'in the future in reducing the present minimum requirements of the Zoning Ordinance. This is without prejudice to any further appeal should the requirements -be reduced. 1 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o��g11FF01Ir G o- y Z L' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 10, 2014 RE: Zoning Appeal No. 6824 Transmitted herewith is Zoning Appeals No. 6824 for Karen A. Hoes, Esp. of The Estate of William H. Wood, Jr. -The Application to the Southold Town Zoning Board of Appeals Area Variance. Also enclosed is the Waiver to Unmerge Property Application to the Southold Town Board of Appeals 3 Pages in Length, Applicant's Project Description, Lot Waiver Questionnaire, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Board of Zoning Appeals Application Authorization for Karen A. Hoeg, Esq. from Nancy A. Wood, Board of Zoning Appeals Application Authorization For Karen A. Hoeg, Esq. from William H. Wood, III, Agent/Representative Transactional Disclosure Form, Applicant/Owner Transactional Disclosure Form Signed by Nancy A. Wood, Applicant/Owner Transactional Disclosure Form Signed by William H. Wood, III, LWRP Consistency Assessment Form, Notice of Disapproval to Mr. James P. Manning Dated November 2, 1964, Notice of Disapproval to Twomey, Latham, Shea, Kelley, Dubin, Quartararo for Estate of W. Wood Jr. Dated November 20, 2014, 2 Pages of Notice of Disapproval to Twomey, Latham, Shea, Kelley, Dubin, Quartararo for Estate of W. Wood Jr. Dated November 20, 2014 Amended December 9, 2014, 11 Page Title Search from Chicago Title Insurance Services, LLC for the Estate of William H. Wood, Jr. and Adjacent Properties, 6 Pages of a Bargain and Sale Deed Between Mary L. Wood and William H. Wood, Jr., Town of Southold Property Record Card for Tax Map No. 1000-9.-9-11 and Tax Map No. 1000-9.-9-13, 2011/2012 Property Tax Bill for Tax Map No. 1000-9.-9-11 and 1000-9.-9-13, Town of Southold Building Department Building Permit for No. 13698Z Dated February 8, 1985, Sketch of Location of Movable Storage Building on Land of Mary L. Wood, Real Property Tax Service Agency Map of Tax Map No. 1000-9.-9-13, 2 Pages of the Action of the Zoning Board of Appeals for Appeal No. 734 Dated November 3, 1964, Appeal from Decision of Building Inspector for Appeal No. 734 Dated November 16, 1964, 8 Page Legal Notice Notarized by Adele Payne November 27, 1964, A Letter to Howard Terry, Building Inspector from James P. Manning of Cravath, Swaine & Moore Dated October 27, 1964, A Letter to Cravath, Swaine & Moore from Building Inspector Dated November 2, 1964, 2 Page Survey of 0 • Plan of Subdivision No. 1; A Portion of Fort H.G. Wright Property for the Race Point Corporation Dated April 22, 1964, Survey of Plan of Property to be Conveyed by Race Point Corporation Dated September 1964, Town of Southold Section 4 of 4 New Zoning Map Adopted by Southold Town Board, 23 Pages of Prior Deeds, A 2 Page Letter Hand Delivered to Board of Zoning Appeals from Karen A. Hoeg of Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Dated December 5, 2014, 1 Page Granting Race Point Corp Permission to Divide Property With Insufficient Frontage on Property Dated December 3, 1964, Survey Map Prepared for the Estate of William H. Wood Jr. & Estate of Mary Wood Dated December 1, 2014. • ***RECEIPT*** Date: 12/10/14 Quantity Transactions 1 ZBA Application Fees Notes: Receipt#: 179377 Reference Subtotal 6824 $750.00 Total Paid: $750.00 Payment Type Amount Paid By CK #903897199 $750.00 Wood Jr., Estate Of William H. Name: Wood Jr., Estate Of William H. C/O Twomey, Latham, etal 33 West Second St Riverhead, NY 11901 Clerk ID: SABRINA Internal ID: 6824 PHILIP B. MATTHEWS (1912.1992) STEPHEN L. HAM, III BARBARA T. HAM 0 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORH 11968 BY EMAIL and REGULAR MAIL Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 631-283-2400 FACSIMILE 631-287-1076 e-mail: Matthamesq@aol.com 0 �) gaq RECEIVED IAN 15 ?n1'l BOARD OF APPEALS January 13, 2015 Re: Application #6824 - Estates of William H. Wood, Jr. and Mary L. Wood (SCTM Nos. 1000-009.00-09.00-011.000 & 013.00 Dear Board Members: In accordance with your request at the end of the public hearing on the referenced application on January 8, 1 am writing to summarize the arguments I made orally at that hearing. I am also taking the liberty of expanding upon them to some extent in the hope that will enhance your understanding of the points I was trying to make. My essential points are that the lot for which a building permit is sought (Tax Lot 11) should be recognized by the Town under Code Section 280-9. A. (1) and should not be deemed to have merged with the adjoining lot (Tax Lot 13) under Code Section 280-10. In making contrary determinations on those points, the Building Department erred. If you concur with my analysis, then you would not have to make a decision on the lot area variance requested in the application. FACTS: The only relevant facts, which are established in the record, are as follows: 1. Tax Lot 11 was created by deed to William H. Wood, Jr., dated and acknowledged November 26, 1971 and recorded in the Office of the Suffolk County Clerk on December 9, 1971 (Liber 7064 page 298). 2. Tax Lot 13 was created by deed to Mary L. Wood, dated and acknowledged November 26, 1971 and recorded in the Office of the Suffolk County Clerk on December 9, 1971 (Liber 7064 page 295). 3. The foregoing deeds of record are the last deeds of record to Tax Lot 11 and Tax Lot 13. Since William H. Wood, Jr. and Mary L. Wood are 2�1 both deceased and ancilla probate has been ranted b the Suffolk ancillary g Y County Surrogate's Court for both of their Wills, these parcels are now owned and can be transferred by their respective Estates, of which their three children have been appointed ancillary co-executors. ANALYSIS UNDER CODE SECTION 280-9.A.(l): 1. There are three criteria for lot recognition under Section 280-9.A.(1): (A) the lot in question must be "identical" to the one described in the deed creating it; (B) that deed creating it must have been recorded prior to June 30, 1983; and (C) the lot must have conformed to the minimum requirements set forth in Bulk Schedule AA as of the date of lot creation (in other words, it must have been a conforming lot at the time it was created). 2. Two of the three criteria are not subject to debate as (A) Tax Lot 11 has the same size, configuration and legal description as the lot created by deed recorded in the Office of the Suffolk County Clerk in Liber 7064 page 298, and (B) the deed creating Tax Lot 11 was recorded prior to June 30, 1983. 3. The third criterion is the one at issue: Did Tax Lot 11 conform to the minimum requirements of Bulk Schedule AA as of the date of lot creation? The Building Department takes the position that as of the date of lot creation means as of the date the deed was recorded with the Suffolk County Clerk, not the date the deed was dated and acknowledged before a notary public. Therefore, the Building Department applied the post -December 1, 1971 requirements of Bulk Schedule AA which Tax Lot 11 does not satisfy insofar as lot area is concerned. 4. Since the deed to Tax Lot 11 was dated and acknowledged before December 2, 1971 and it meets the pre -December 2, 1971 requirements of Bulk Schedule AA, whether or not a variance is necessary in this case depends entirely on how the term as of the date of lot creation is construed. 5. Although the date of recording of a deed has some significance in Code Section 280-9.A.(1), its significance is limited to determining whether the first two criteria for lot recognition are satisfied (namely, criteria (A) and (B) described in paragraph 1 above). If those two criteria are satisfied (as they are in this case), then criterion (C) must be analyzed. 2 \Nr\ � �_ 1D�5 6. The date of recording is not relevant to criterion (C) which refers to the date of lot creation, not D qF �pp�PLS e deed that created the lot. Therefore,edate of recording of h New York ase law must beconsulted to 150�'R determine when a lot is "created" and, since Code Section 280-9.A. (1) deals with lots created by deed, the determination of lot creation in this case must be made by determining when the related deed becomes effective under New York law. 7. Under New York law, assuming it contains a proper legal description and is duly executed, a deed becomes effective when it is delivered by the grantor and accepted by the grantee. Since there is often no evidence of the precise times of delivery and acceptance, there are several presumptions under applicable law. (A presumption can be overcome by evidence to the contrary but, in the absence of such evidence, the presumption would be controlling as to the facts.) 8. The two key legal presumptions relevant here are that a deed is presumed to have been delivered on the date specified therein and that a deed is presumed to have been accepted on the date specified therein so long as the conveyance is beneficial to the grantee. Conversely, there is no presumption that a deed was not delivered until it was recorded. In fact, the recording statutes do not even require that deeds be recorded to be effective. (Of course deeds usually are recorded, though not to effectuate a title transfer but to protect the grantee from a subsequent transfer by his grantor of the same property to a third party and from intervening liens against that grantor.) (Legal presumptions relating to the delivery, acceptance and recording of deeds are described in Sections 204 and 205 of the Deeds volume of New York Jurisprudence 2d Edition in which numerous cases are cited in support.) 9. Based on the foregoing, the Building Department has no legal basis for using the date of recording as the date of lot creation. Indeed, since there is no evidence to the contrary in this case, one must conclude that Tax Lot 11 and Tax Lot 13 were created on November 26, 1971, the date specified in the respective deeds, and therefore the pre -December 2, 1971 requirements of Bulk Schedule AA apply. (The fact that the deeds to those parcels were not recorded until December 9, 1971 is not noteworthy. It was common then and it is common today for deeds to be recorded days and even weeks after they are executed, delivered and accepted.) 3 ANALYSIS UNDER CODE SECTION 280-10: 15 Under Code Section 280-10.A., in order for a nonconforming lot to �p:+tt� Appy' that merge with an adj c 1 nt lot, t, it must be held in common ownership with 2. Whether or not the date of lot creation in this case is November 26, 1971 or December 9, 1971, Tax Lot 11 and Tax Lot 13 are not now and have not at any time since July 1, 1983 been in "common ownership", i.e. held by the same person in the same percentage of ownership. 3. William H. Wood, Jr. was not the same person as Mary L. Wood and the Estate of William H. Wood, Jr. is not the same person as the Estate of Mary L. Wood. Each of the Woods held title to a different parcel in his or her sole name. The Woods did not hold title to either parcel as joint tenants with right of survivorship or as husband and wife (in which case the parcels would have merged upon the death of the surviving co-owner under Section 280-10.C.(6)). 4. The fact that the Woods' three children are appointed as ancillary co- executors of each Estate does not change the fact that the Estates themselves are separate legal entities or separate "persons" under Code Section 280-10, just as two corporations would continue to be separate legal entities even if they had the same President, Secretary and Treasurer. The Woods' children do not hold title to Tax Lot 11 and Tax Lot 13 as individuals (which would in fact cause a merger) but in their capacity as ancillary co-executors. 5. Based on the foregoing, the Building Department has no legal basis in concluding that Tax Lot 11 and Tax Lot 13 have merged. I respectfully request that you make a determination that Tax Lot 11 should be recognized as a legal building lot under Code Section 280-9 and that it has not merged with Tax Lot 13 under Code Section 280-10. Very truly yours, Stephen L. Ham, III cc: Mr. H.P. Bunaes (by email only) Karen A. Hoeg, Esq. (by email only) Patricia C. Moore, Esq. (by email only) 4 Toth, Vicki From: Matthamesq@aol.com Sent: Tuesday, January 13, 2015 11:09 AM To: Toth, Vicki Cc: hp.bunaes@suntrust.com; khoeg@suffolklaw.com; pcmoore@mooreattys.com Subject: Application #6824 Attachments: Bunaes - Letter to ZBA.pdf Good Morning Vicki - In accordance with the Board's request at the public hearing of the referenced application last Thursday, I have prepared and attached a letter summarizing the arguments I made orally concerning lot creation and merger. As I state in the letter, I have expanded on those arguments to give them greater context. I am copying my client as well as the attorneys for the Wood Estate and Martha Litch on this email and I will forward the original letter to you by regular mail. Please see that this letter is distributed to the Board members electronically or otherwise prior to their next meeting. Thanks and Best. Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: matthamesq(a aol.com 1 jt C �[ MATTHEWS Sc HAM tT ATTORNEYS AND COUNSELORS AT LAW 38 NL'GENT STREET SOUTHAMPTON, NEW YORK 11008 PHILIP B. MATTHEWS - (Gei2-le92) 931-283-2400 STEPHEN L. IlAx, III FACSIMILE 831-287-1070 BARBARA T. HAH e-mail: Matthamesq@aol.com BY EMAIL and REGULAR MAIL January 13, 2015 (Om�RECEIVE JAN 13 2015 Town of Southold ZONING E3 LS Zoning Board of Appeals ovku or gPPEq P.O. Box 1179 Southold, NY 11971 Re: Application #6824 - Estates of William H. Wood, Jr. and Mary L. Wood (SCTM Nos. 1000-009.00-09.00-011.000 & 013.000) Dear Board Members: In accordance with your request at the end of the public hearing on the referenced application on January 8, 1 am writing to summarize the arguments I made orally at that hearing. I am also taking the liberty of expanding upon them to some extent in the hope that will enhance your understanding of the points I was trying to make. My essential points are that the lot for which a building permit is sought (Tax Lot 11) should be recognized by the Town under Code Section 280-9. A. (1) and should not be deemed to have merged with the adjoining lot (Tax Lot 13) under Code Section 280-10. In making contrary determinations on those points, the Building Department erred. if you concur with my analysis, then you would not have to make a decision on the lot area variance requested in the application. FACTS: The only relevant facts, which are established in the record, are as follows: 1. Tax Lot 11 was created by deed to William H. Wood, Jr., dated and acknowledged November 26, 1971 and recorded in the Office of the Suffolk County Clerk on December 9, 1971 (Liber 7064 page 298). 2. Tax Lot 13 was created by deed to Mary L. Wood, dated and acknowledged November 26, 1971 and recorded in the Office of the Suffolk County Clerk on December 9, 1971 (Liber 7064 page 295). 3. The foregoing deeds of record are the last deeds of record to Tax Lot 11 and Tax Lot 13. Since William H. Wood, Jr. and Mary L. Wood are 0 4(.,OsA both deceased and ancillary probate has been granted by the Suffolk County Surrogate's Court for both of their Wills, these parcels are now owned and can be transferred by their respective Estates, of which their three children have been appointed ancillary co-executors. ANALYSIS UNDER CODE SECTION 280-9.A.(1): There are three criteria for lot recognition under Section 280-9.A.(1): (A) the lot in question must be "identical" to the one described in the deed creating it; (B) that deed creating it must have been recorded prior to June 30, 1983; and (C) the lot must have conformed to the minimum requirements set forth in Bulk Schedule AA as of the date of lot creation (in other words, it must have been a conforming lot at the time it was created). 2. Two of the three criteria are not subject to debate as (A) Tax Lot 11 has the same size, configuration and legal description as the lot created by deed recorded in the Office of the Suffolk County Clerk in Liber 7064 page 298, and (B) the deed creating Tax Lot 11 was recorded prior to June 30, 1983, 3. The third criterion is the one at issue: Did Tax Lot 11 conform to the minimum requirements of Bulk Schedule AA as of the date of lot creation? The Building Department takes the position that as of the date of lot creation means as of the date the deed was recorded with the Suffolk County Clerk, not the date the deed was dated and acknowledged before a notary public. Therefore, the Building Department applied the post -December 1, 1971 requirements of Bulk Schedule AA which Tax Lot 11 does not satisfy insofar as lot area is concerned. 4. Since the deed to Tax Lot 11 was dated and acknowledged before December 2, 1971 and it meets the pre -December 2, 1971 requirements of Bulk Schedule AA, whether or not a variance is necessary in this case depends entirely on how the term as of the date of lot creation is construed. 5. Although the date of recording of a deed has some significance in Code Section 280-9.A.(1), its significance is limited to determining whether the first two criteria for lot recognition are satisfied (namely, criteria (A) and (B) described in paragraph 1 above). If those two criteria are satisfied (as they are in this case), then criterion (C) must be analyzed. 16 s 6. The date of recording is not relevant to criterion (C) which refers to the date of lot creation, not the date of recording of the deed that created the lot. Therefore, New York case law must be consulted to determine when a lot is "created" and, since Code Section 280-9.A. (1) deals with lots created by deed, the determination of lot creation in this case must be made by determining when the related deed becomes effective under New York law. 7. Under New York law, assuming it contains a proper legal description and is duly executed, a deed becomes effective when it is delivered by the grantor and accepted by the grantee. Since there is often no evidence of the precise times of delivery and acceptance, there are several presumptions under applicable law. (A presumption can be overcome by evidence to the contrary but, in the absence of such evidence, the presumption would be controlling as to the facts.) 8. The two key legal presumptions relevant here are that a deed is presumed to have been delivered on the date specified therein and that a deed is presumed to have been accepted on the date specified therein so long as the conveyance is beneficial to the grantee. Conversely, there is no presumption that a deed was not delivered until it was recorded. In fact, the recording statutes do not even require that deeds be recorded to be effective. (Of course deeds usually are recorded, though not to effectuate a title transfer but to protect the grantee from a subsequent transfer by his grantor of the same property to a third party and from intervening liens against that grantor.) (Legal presumptions relating to the delivery, acceptance and recording of deeds are described in Sections 204 and 205 of the Deeds volume of New York Jurisprudence 2d Edition in which numerous cases are cited in support.) 9. Based on the foregoing, the Building Department has no legal basis for using the date of recording as the date of lot creation. Indeed, since there is no evidence to the contrary in this case, one must conclude that Tax Lot 11 and Tax Lot 13 were created on November 26, 1971, the date specified in the respective deeds, and therefore the pre -December 2, 1971 requirements of Bulk Schedule AA apply. (The fact that the deeds to those parcels were not recorded until December 9, 1971 is not noteworthy. It was common then and it is common today for deeds to be recorded days and even weeks after they are executed, delivered and accepted.) ,V� • • 4uv,� ANALYSIS UNDER CODE SECTION 280-10: 1. Under Code Section 280-10.A., in order for a nonconforming lot to merge with an adjacent lot, it must be held in common ownership with that lot after July 1, 1983. 2. Whether or not the date of lot creation in this case is November 26, 1971 or December 9, 1971, Tax Lot 11 and Tax Lot 13 are not now and have not at any time since July 1, 1983 been in "common ownership", i.e. held by the same person in the same percentage of ownership. 3. William H. Wood, Jr. was not the same person as Mary L. Wood and the Estate of William H. Wood, Jr. is not the same person as the Estate of Mary L. Wood. Each of the Woods held title to a different parcel in his or her sole name. The Woods did not hold title to either parcel as joint tenants with right of survivorship or as husband and wife (in which case the parcels would have merged upon the death of the surviving co-owner under Section 280-10.C.(6)). 4. The fact that the Woods' three children are appointed as ancillary co- executors of each Estate does not change the fact that the Estates themselves are separate legal entities or separate "persons" under Code Section 280-10, just as two corporations would continue to be separate legal entities even if they had the same President, Secretary and Treasurer. The Woods' children do not hold title to Tax Lot 11 and Tax Lot 13 as individuals (which would in fact cause a merger) but in their capacity as ancillary co-executors. 5. Based on the foregoing, the Building Department has no legal basis in concluding that Tax Lot 11 and Tax Lot 13 have merged. I respectfully request that you make a determination that Tax Lot 11 should be recognized as a legal building lot under Code Section 280-9 and that it has not merged with Tax Lot 13 under Code Section 280-10. Very truly yours, ,�,�,, t Stephen L. Ham, III cc: Mr. H.P. Bunaes (by email only) Karen A. Hoeg, Esq. (by email only) Patricia C. Moore, Esq. (by email only) E ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ---------------------------------------------------X In the Matter of the Application of Estate of William H. Wood Jr. For variances pursuant to Article III Code Section 280-10 of the Code of the Town of Southold ----------------------------------------------------X • b� -DA RECEIVED JA N 8 2015 ZONING BOARD OF AppE4LS APPLICANT'S MEMORANDUM OF LAW IN SUPPORT OF THE APPLICATION TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP Attorneys for Applicants 33 West Second Street, P.O. Box 9398 Riverhead, New York 11901 (631) 727-2180 Dated: January 7, 2015 Of Counsel: Karen A Hoeg, Esq. STATEMENT OF FACTS The applicant is the Estate of William H. Wood Jr. Mr. Wood died March 3, 2013 a resident of Connecticut. His last will and testament was probated in Connecticut and was admitted to ancillary probate in Suffolk County, New York so that his estate could pass real and personal property. Ancillary letters were issued on September 12, 2013 to Nancy A. Wood, William H. Wood III and Richard L. Wood, the executors under his last will and testament. They are also his children. At the time of William's death he was married to Mary L. Wood. Mary L. Wood died on April 27, 2013 also a resident of Connecticut. Her last will and testament was probated in Connecticut and her will was admitted to ancillary probate in Suffolk County, New York. Ancillary letters were issued on September 12, 2013 to Nancy A. Wood, William H. Wood III and Richard L. Wood, the executors under her last will and testament and her children. A copy of the respective Ancillary Letters is attached as Exhibit A. At the time of William H. Wood Jr.'s death he solely owned the real property located at Reservoir Road, Fisher's Island (SCTM 1000-9- 9-11) and Mary L. Wood solely owned the real property located at Winthrop Avenue, Fisher's Island (SCTM 1000-9-9-13). The executors do not own the property individually, but in their fiduciary capacity as executors under the respective wills. Each lot has been held in single and separate ownership since a time after July 1, 1983 and have not merged under Town Code Section 280-10. By way of background, in November 16, 1964 Race Point Corp., a prior owner in the chain of title, received a variance approval from the Zoning Board of Appeals to divide property with insufficient frontage. This approval allowed the lots to be divided into four separate lots. Three of those approved lots now make up lot 11 and 13. At that time Lot 13, the lot currently owned by the Estate of Mary L. Wood was improved with a residence. The other two lots were vacant. As part of the approval, the Zoning Board of Appeals stated that "strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district." In 1965 Race Point Corp. then sold Lot 11 and Lot 13 to Michael B. Maw. On September 13, 1971 Michael B. Maw by deed transferred the lots to William H. Wood Jr. and Mary L. Wood as tenants in common having an undivided 1/2 interest. This deed was recorded at Liber 7039 at page 134 on November 3, 1971. On November 26, 1971, William H. Wood Jr. by deed transferred to Mary L. Wood the lot known as Lot 13. This deed was recorded on December 9, 1971 in the Suffolk County Clerk's office at Liber 7064 at page 295. On November 26, 1971, Mary L. Wood by deed transferred to William H. Wood Jr. the lot known as Lot 11. This deed was recorded on December 9, 1971 in the Suffolk County Clerk's Office. Since at least 1971 the property has been held in single and separate ownership as confirmed in the provided Single and Separate Certification. Lots 11 and 13 have been recognized as separate tax lots by Suffolk County with each containing their own tax lot numbers. The Town of Southold up -zoned the lots at some point and placed them in separate zoning districts clearly evidence that the Town recognized the lots as separate parcels. Lot I 1 was placed in a R-80 zone and Lot 13 in a R-40. Each lot is also assessed by the Town Tax Assessor's office as a separate lot. 0 The Estate of William H. Wood Jr. is currently in contract to sell Lot 11 which is an unimproved vacant residential lot. RELIEF REQUESTED The application seeks lot recognition by the Town of Southold. Lot 11 was created by deed dated November 26, 1971, however, the Suffolk County Clerk's office recorded it on December 9, 1971 and based on the Town's interpretation of Code Section 280-9 the date of recording determines lot creation. The lot size requirement pursuant to Bulk Schedule AA that was added to the Town Code on November 28, 1995, provides that prior to December 1, 1971 the lot size requirement in a residential zone is 12,500 sq. ft. On December 2, 1971 the lot size requirement was changed to 40,000 sq. ft. Should the Board determine that this technicality requires the lot to be 40,000 sq. ft. and not the 12,500 sq. ft. that we would have been in compliance with had the deed been recorded December 1, 1971, we are seeking an area variance. Lot 11 is about 27,406 sq. ft. and Lot 13 is 28,992. To the extent that the Board determines that the property has merged which we do not believe it has, we seek a waiver of merger. AREA IN WHICH THE SUBJECT PROPERTY IS LOCATED The lots are located on Fisher's Island in a residential community. Lot 11 is residential vacant and Lot 13 is improved with a residence. The surrounding area consists of similarly sized residential lots. Both lots are in conformance with the character of the surrounding community. U� AREA VARIANCE Pursuant to Town Law Section 267-b, the Zoning Board of Appeals is required to consider the following factors when deciding whether the standards for a variance have been met: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. It is clear that the benefit to the applicant from granting the variances outweighs any detriment to the general health, safety and welfare of the neighborhood and the Town as a whole. This application is the result of a technicality in a recording deed date and the lots have been historically treated as separate lots. 1 There Will Be No Undesirable Change In The Character Of The Neighborhood Or Detriment to Nearby Properties The grant of the requested variance will not cause any desirable change in the character of the neighborhood or detriment to nearby properties. The surrounding neighborhood consists of single-family homes. The area variance will allow Lot 11 currently a residential vacant lot to be built upon and conform with the character of the neighborhood. There will be no change in the volume of traffic or noise granted if the variance is granted. 2 The Benefit Sought By The Applicant Cannot Be Achieved By Some Method Feasible For The Applicant To Pursue Other Than An Area Variance The applicant is currently under contract to sell the proposed vacant lot. In order for the residential vacant lot to be recognized by the Town as a buildable lot an area variance is needed because the Town interprets the lot recognition date as the date of recording and not the date of the deed. In this instance, the deed was dated November 26, 1971 and recorded a few days later on December 9, 1971. At the time the deed was dated the lot complied with the 12,500 sq.ft. requirement. It wasn't until discussions with the Town that we learned that the Town interprets lot recognition based upon the recording date of the deed which would require that the lot size be a minimum of 40,000 sq. ft. Since we do not meet the 40,000 sq. ft. requirement we need to seek an area variance. It should be noted that Section 280-9 (A)(1) of the Town Code does not specifically state that the Bulk Schedule AA minimum lot requirement is based upon the date the deed is recorded in the Suffolk County Clerk's Office. 3. The Variances Requested Are Not Substantial The variance when viewed in relation to the existing structures and neigbhooring lots are minimal in nature. Lot I 1 will be continue to remain in conformity with surrounding properties and uses. It shares the average street frontage of other lots in the community and neighboring properties would not be impacted. It should also be noted that the lots were previously divided into 3 lots with prior ZBA approval in 1964. This application seeks the recognition of two lots more conforming in size to neighboring lots. 4 The Applicantion Will Not Have An Adverse Effect Or Impact On The Physical Or Environmental Conditions In The Neighborhood Or District The variance will not have an adverse impact on the physical or environmental conditions in the neighborhood. As discussed above, the vacant lot is in a residential zone and Lot 13 is improved with a residence. They have existed as is since 1971. One who purchases property is presumed as a matter of law to possess knowledge of the applicable zoning regulations and as a result any purported difficulty or hardship is self-created. Rivero v. Voelker, 38 AD 3d 784 (2d Dept. 2007). The parties were unaware of the lot recognition and code provision and the Bulk Schedule requirements on November 26, 1971 when the lots were transferred to William H. Wood Jr. and Mary L. Wood. These Code provisions were not enacted until 1995 many years after they acquired the property. 5 The Situation Which Lead The Applicant To Seek A Variance Is Not Self -Created Due to a technicality in recording and absence of clear language in the Town Code regarding the date of deed recording as being the controlling date for lot recognition purposes, we were forced to seek a variance. Town Code section 280-9 Lot Recognition states that (A) A lot created by deed or Town approval shall be recognized by the Town if any of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement set forth in Bulk Schedule AA as of the date of lot creation." Clearly, we have established the first part of this provision as the deed was recorded prior to June 30, 1983 and the second part of the test does not specifically state that the lot conformance to minimum lot requirement is based upon the date the deed was recorded. The Bulk Schedule AA itself does not clearly state • that the controlling date is the date of deed recording. The lot creation date is solely based upon the Town's interpretation. CONCLUSION It is respectfully submitted that the variance requested be in all respects granted. Dated: Riverhead, New York January 7, 2015 Respectfully Submitted, TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP By: Karen A. Hoeg, Esq. Attorneys for Applicant 33 West Second Street P.O. Box 9398 Riverhead NY 11901 T: (631) 727-2180 F: (631) 727-1767 • SURROGATE'S COURT SUFFOLK COUNTY ---------------------------------------- Ancillary Probate Proceeding, Will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, A Domiciliary of the State of Connecticut, Deceased. DECISION By: HON. JOHN M. CZYGIER, JR. ......................... Surrogate Dated: qlr� 2013 ..I ........... File #: 2013-327q' This is a proceeding for ancillary probate of a will dated December 8, 2000, which has been admitted to probate in the State of Connecticut, the state of decedent's domicile, and is not being contested thereat. It appears decedent possessed property interest(s) in this state upon which said will may operate. Accordingly, said will is admitted to ancillary probate pursuant to SCPA 1602. Ancillary letters testamentary will issue to petitioner upon qualification according to law. The court dispenses with the filing of a bond. Decree signed._-.- HON'.�HNM. CZYGIER, JR. Su/srogate Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Attorney(s) for Petitioner(s) P.O. Box 9398 Riverhead, NY 11901 NYS Department of Taxation and Finance TDAB-Estate Tax Audit Waiver of Citation Unit W.A. Harriman Campus Albany, NY 12227 SURROGLED ATE S COURT SUFFOLK COUNTY SEP I Z '1013 MICHAEL CIPOLLINO CHIEF CLERK • • I�431� At the Surrogate's Court in and for the County of Suffolk at the County Center Riverhead, New York on the 1? 1. day of 2013 PRESENT: HON. JOHN M. CZYGIER, JR. Surrogate -----------------------------------X Ancillary Probate Proceeding, Will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, DECREE GRANTING ANCILLARY PROBATE A Domiciliary of the State of Connecticut, File No. 2013-327( Deceased. -----------------------------------X A petition having been filed by NANCY A. WOOD, WILLIAM H. WOOD, III and RICHARD L. WOOD for ancillary probate of a will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, deceased, dated December 8, 2000, which has been admitted to probate in the State of Connecticut, said state being the domicile of decedent at date of death and said petition having set forth the facts upon which the jurisdiction of the Court to grant ancillary probate depends, and it appearing that jurisdiction has been obtained over all persons entitled to process in this proceeding and that said decedent at death was possessed of property in this state upon which said will upon probate may operate, and an exemplified copy of said will having been filed, and upon the decision of this court dated 1 ra and filed herein, it is ORDERED AND DECREED that said will dated December 8, 2000, having been admitted to probate in the State of Connecticut, being the state of decedent's domicile at death, be admitted to ancillary probate in this state valid to pass real and personal property and that said will and this Decree be recorded, and it is further ORDERED AND DECREED that ancillary letters testamentary may issue to NANCY A. WOOD, WILLIAM H. WOOD, III and RICHARD L. WOOD upon qualification, and that bond of said fiduciary be..f \led in the amount FILED SURROGATE'S UFFFOLK OU14i N HON. -..'JOHN M. CZYGIER, JR. SEP i 'L'LUI i ! Surrogate N41CHAEL CIPOLLINO CHIEF CLERK • r Surrogate's Court of the County of Suffolk On the Date Written Below ANCILLARY LETTERS TESTAMENTARY were granted by the Surrogate's Court of Suffolk County, New York as follows: Name of Decedent: Domicile: Type of Letters Issued: Fiduciaries Appointed Limitations: NONE Mary L Wood AKA Mary Andrews Lewis Wood Connecticut ANCILLARY LETTERS TESTAMENTARY Nancy A Wood William H Wood 111 Richard L Wood File #: 2013-3274 Date of Death: 04-27-2013 THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: September 12, 2013 IN TESTIMONY WHEREOF, the seal of the Suffolk County Surrogate's Court has been affixed. WITNESS, Hon John M Czygier Jr, Judge of the Suffolk County Surrogate's Court POM J WA 0, Michael Cipollino, Chief Clerk These Letters are Not Valid Without the Raised Seal of the Suffolk County Surrogate's Court • SURROGATE'S COURT SUFFOLK COUNTY ---------------------------------------- Ancillary Probate Proceeding, Will of WILLIAM H. WOOD, JR., A Domiciliary of the State of Connecticut, Deceased. DECISION By: HON. JOHN M. CZYGIER, JR. ......................... Surrogate Dated: / 2013 File #: 2013-328'1 This is a proceeding for ancillary probate of a will dated December 8, 2000, which has been admitted to probate in the State of Connecticut, the state of decedent's domicile, and is not being contested thereat. It appears decedent possessed property interest(s) in this state upon which said will may operate. Accordingly, said will is admitted to ancillary probate pursuant to SCPA 1602. Ancillary letters testamentary will issue to petitioner upon qualification according to law. The court dispenses with the filing of a bond. Decree signed. ) HON. JOHN M. CZYGIER, JR. Surrogate Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Attorney(s) for Petitioner(s) P.O. Box 9398 Riverhead, NY 11901 NYS Department of Taxation and Finance FILED TDAB-Estate Tax Audit SURROGATE'S COURT Waiver of Citation Unit SUFFOLK COUNTY W.A. Harriman Campus car, Albany, NY 12227 MICHAEL CIPOLLINO CHIEF CLERK At the Surrogate's Court in and for the County of Suffolk at the County Center, Riverhead, ew York on the I day of 2013 PRESENT: HON. JOHN M. CZYGIER, JR. Surrogate -----------------------------------X Ancillary Probate Proceeding, Will of WILLIAM H. WOOD, JR., DECREE GRANTING ANCILLARY PROBATE A Domiciliary of the State of Connecticut, File No. 2013-32$y Deceased. -----------------------------------X A petition having been filed by NANCY A. WOOD, WILLIAM H. WOOD, III and RICHARD L. WOOD for ancillary probate of a will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, deceased, dated December 8, 2000, which has been admitted to probate in the State of Connecticut, said state being the domicile of decedent at date of death and said petition having set forth the facts upon which the jurisdiction of the Court to grant ancillary probate depends, and it appearing that jurisdiction has been obtained over all persons entitled to process in this proceeding and that said decedent at death was possessed of property in this state upon which said will upon probate may operate, and an exemplified copy of said will having been filed, and upon the decision of this court dated and filed herein, it is ORDERED AND DECREED that said will dated December 8, 2000, having been admitted to probate in the State of Connecticut, being the state of decedent's domicile at death, be admitted to ancillary probate in this state valid to pass real and personal property and that said will and this Decree be recorded, and it is further ORDERED AND DECREED that ancillary letters testamentary may issue to NANCY A. WOOD, WILLIAM H. WOOD, III and RICHARD L. WOOD upon qualification, and that bond of said fiduciary be filed in the amount $ FILED / �~ SURROGATE'S COURT !�! SUFFOLK COUNTY HON. JOHN M. CZYGIER, JR. IFN i L 0 1.i Surrogate ;, cHAEL CtpOLUNO (;iitEF CLERK • • Surrogate's Court of the County of Suffolk On the Date Written Below ANCILLARY LETTERS TESTAMENTARY were granted by the Surrogate's Court of Suffolk County, New York as follows: Name of Decedent: Domicile: Type of Letters Issued: Fiduciaries Appointed Limitations: NONE William H Wood Jr Connecticut ANCILLARY LETTERS TESTAMENTARY Nancy A Wood William H Wood 111 Richard L Wood File #: 2013-3284 Date of Death: 03-03-2013 THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estateltrust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: September 12, 2013 IN TESTIMONY WHEREOF, the seal of the Suffolk County Surrogate's Court has been affixed. WITNESS, Hon John M Czygier Jr, Judge of the Suffolk County Surrogate's Court Michael Cipollino, Chief Clerk These Letters are Not ~Valid Without the Raised Seal of the Suffolk County Surrogate's Court r� u ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ---------------------------------------------------X In the Matter of the Application of Estate of William H. Wood Jr. For variances pursuant to Article III Code Section 280-10 of the Code of the Town of Southold ----------------------------------------------------X n u 699 RECEIVED JAN 8 2015 ZONING 130M) Or APPEALS APPLICANT'S MEMORANDUM OF LAW IN SUPPORT OF THE APPLICATION TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP Attorneys for Applicants 33 West Second Street, P.O. Box 9398 Riverhead, New York 11901 (631) 727-2180 Dated: January 7, 2015 Of Counsel: Karen A Hoeg, Esq. s STATEMENT OF FACTS The applicant is the Estate of William H. Wood Jr. Mr. Wood died March 3, 2013 a resident of Connecticut. His last will and testament was probated in Connecticut and was admitted to ancillary probate in Suffolk County, New York so that his estate could pass real and personal property. Ancillary letters were issued on September 12, 2013 to Nancy A. Wood, William H. Wood III and Richard L. Wood, the executors under his last will and testament. They are also his children. At the time of William's death he was married to Mary L. Wood. Mary L. Wood died on April 27, 2013 also a resident of Connecticut. Her last will and testament was probated in Connecticut and her will was admitted to ancillary probate in Suffolk County, New York. Ancillary letters were issued on September 12, 2013 to Nancy A. Wood, William H. Wood III and Richard L. Wood, the executors under her last will and testament and her children. A copy of the respective Ancillary Letters is attached as Exhibit A. At the time of William H. Wood Jr.'s death he solely owned the real property located at Reservoir Road, Fisher's Island (SCTM 1000-9- 9-11) and Mary L. Wood solely owned the real property located at Winthrop Avenue, Fisher's Island (SCTM 1000-9-9-13). The executors do not own the property individually, but in their fiduciary capacity as executors under the respective wills. Each lot has been held in single and separate ownership since a time after July 1, 1983 and have not merged under Town Code Section 280-10. By way of background, in November 16, 1964 Race Point Corp., a prior owner in the chain of title, received a variance approval from the Zoning Board of Appeals to divide property with insufficient frontage. This approval allowed the lots to be divided • i uvk into four separate lots. Three of those approved lots now make up lot 11 and 13. At that time Lot 13, the lot currently owned by the Estate of Mary L. Wood was improved with a residence. The other two lots were vacant. As part of the approval, the Zoning Board of Appeals stated that "strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district." In 1965 Race Point Corp. then sold Lot 11 and Lot 13 to Michael B. Maw. On September 13, 1971 Michael B. Maw by deed transferred the lots to William H. Wood Jr. and Mary L. Wood as tenants in common having an undivided '/2 interest. This deed was recorded at Liber 7039 at page 134 on November 3, 1971. On November 26, 1971, William H. Wood Jr. by deed transferred to Mary L. Wood the lot known as Lot 13. This deed was recorded on December 9, 1971 in the Suffolk County Clerk's office at Liber 7064 at page 295. On November 26, 1971, Mary L. Wood by deed transferred to William H. Wood Jr. the lot known as Lot 11. This deed was recorded on December 9, 1971 in the Suffolk County Clerk's Office. Since at least 1971 the property has been held in single and separate ownership as confirmed in the provided Single and Separate Certification. Lots 11 and 13 have been recognized as separate tax lots by Suffolk County with each containing their own tax lot numbers. The Town of Southold up -zoned the lots at some point and placed them in separate zoning districts clearly evidence that the Town recognized the lots as separate parcels. Lot 11 was placed in a R-80 zone and Lot 13 in a R-40. Each lot is also assessed by the Town Tax Assessor's office as a separate lot. The Estate of William H. Wood Jr. is currently in contract to sell Lot l Iwhich is an unimproved vacant residential lot. RELIEF REQUESTED The application seeks lot recognition by the Town of Southold. Lot 11 was created by deed dated November 26, 1971, however, the Suffolk County Clerk's office recorded it on December 9, 1971 and based on the Town's interpretation of Code Section 280-9 the date of recording determines lot creation. The lot size requirement pursuant to Bulk Schedule AA that was added to the Town Code on November 28, 1995, provides that prior to December 1, 1971 the lot size requirement in a residential zone is 12,500 sq. ft. On December 2, 1971 the lot size requirement was changed to 40,000 sq. ft. Should the Board determine that this technicality requires the lot to be 40,000 sq. ft. and not the 12,500 sq. ft. that we would have been in compliance with had the deed been recorded December 1, 1971, we are seeking an area variance. Lot 11 is about 27,406 sq. ft. and Lot 13 is 28,992. To the extent that the Board determines that the property has merged which we do not believe it has, we seek a waiver of merger. AREA IN WHICH THE SUBJECT PROPERTY IS LOCATED The lots are located on Fisher's Island in a residential community. Lot 11 is residential vacant and Lot 13 is improved with a residence. The surrounding area consists of similarly sized residential lots. Both lots are in conformance with the character of the surrounding community. 0 0 P-�+ AREA VARIANCE Pursuant to Town Law Section 267-b, the Zoning Board of Appeals is required to consider the following factors when deciding whether the standards for a variance have been met: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. It is clear that the benefit to the applicant from granting the variances outweighs any detriment to the general health, safety and welfare of the neighborhood and the Town as a whole. This application is the result of a technicality in a recording deed date and the lots have been historically treated as separate lots. 1. There Will Be No Undesirable Change In The Character Of The Neighborhood Or Detriment to Nearby Properties The grant of the requested variance will not cause any desirable change in the character of the neighborhood or detriment to nearby properties. The surrounding neighborhood consists of single-family homes. The area variance will allow Lot 11 currently a residential vacant lot to be built upon and conform with the character of the neighborhood. There will be no change in the volume of traffic or noise granted if the variance is granted. 2 The Benefit Sought By The Applicant Cannot Be Achieved By Some Method Feasible For The Applicant To Pursue Other Than An Area Variance The applicant is currently under contract to sell the proposed vacant lot. In order for the residential vacant lot to be recognized by the Town as a buildable lot an area variance is needed because the Town interprets the lot recognition date as the date of recording and not the date of the deed. In this instance, the deed was dated November 26, 1971 and recorded a few days later on December 9, 1971. At the time the deed was dated the lot complied with the 12,500 sq.ft. requirement. It wasn't until discussions with the Town that we learned that the Town interprets lot recognition based upon the recording date of the deed which would require that the lot size be a minimum of 40,000 sq. ft. Since we do not meet the 40,000 sq. ft. requirement we need to seek an area variance. It should be noted that Section 280-9 (A)(1) of the Town Code does not specifically state that the Bulk Schedule AA minimum lot requirement is based upon the date the deed is recorded in the Suffolk County Clerk's Office. 3. The Variances Requested Are Not Substantial The variance when viewed in relation to the existing structures and neigbhooring lots are minimal in nature. Lot 11 will be continue to remain in conformity with surrounding properties and uses. It shares the average street frontage of other lots in the community and neighboring properties would not be impacted. It should also be noted that the lots were previously divided into 3 lots with prior ZBA approval in 1964. This application seeks the recognition of two lots more conforming in size to neighboring lots. 0 WA 4 The Applicantion Will Not Have An Adverse Effect Or Impact On The Physical Or Environmental Conditions In The Neighborhood Or District The variance will not have an adverse impact on the physical or environmental conditions in the neighborhood. As discussed above, the vacant lot is in a residential zone and Lot 13 is improved with a residence. They have existed as is since 1971. One who purchases property is presumed as a matter of law to possess knowledge of the applicable zoning regulations and as a result any purported difficulty or hardship is self-created. Rivero v. Voelker, 38 AD 3d 784 (2d Dept. 2007). The parties were unaware of the lot recognition and code provision and the Bulk Schedule requirements on November 26, 1971 when the lots were transferred to William H. Wood Jr. and Mary L. Wood. These Code provisions were not enacted until 1995 many years after they acquired the property. 5 The Situation Which Lead The Applicant To Seek A Variance Is Not Self -Created Due to a technicality in recording and absence of clear language in the Town Code regarding the date of deed recording as being the controlling date for lot recognition purposes, we were forced to seek a variance. Town Code section 280-9 Lot Recognition states that (A) A lot created by deed or Town approval shall be recognized by the Town if any of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement set forth in Bulk Schedule AA as of the date of lot creation." Clearly, we have established the first part of this provision as the deed was recorded prior to June 30, 1983 and the second part of the test does not specifically state that the lot conformance to minimum lot requirement is based upon the date the deed was recorded. The Bulk Schedule AA itself does not clearly state that the controlling date is the date of deed recording. The lot creation date is solely based upon the Town's interpretation. CONCLUSION It is respectfully submitted that the variance requested be in all respects granted. Dated: Riverhead, New York January 7, 2015 Respectfully Submitted, TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP By: Karen A. Hoeg, Esq. Attorneys for Applicant 33 West Second Street P.O. Box 9398 Riverhead NY 11901 T: (631) 727-2180 F: (631) 727-1767 • • Exhibit A 0 SURROGATE'S COURT SUFFOLK COUNTY ---------------------------------------- Ancillary Probate Proceeding, Will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, A Domiciliary of the State of Connecticut, Deceased. • DECISION &A. By: HON. JOHN M. CZYGIER, JR. ......................... Surrogate Dated: 2013 q112" ............ File #: 2013-327q This is a proceeding for ancillary probate of a will dated December 8, 2000, which has been admitted to probate in the State of Connecticut, the state of decedent's domicile, and is not being contested thereat. It appears decedent possessed property interest(s) in this state upon which said will may operate. Accordingly, said will is admitted to ancillary probate pursuant to SCPA 1602. Ancillary letters testamentary will issue to petitioner upon qualification according to law. The court dispenses with the filing of a bond. Decree signed. --- HON`. HN M. CZYGIER, JR. S rogate Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Attorney(s) for Petitioner (s) sURROGATESCOURT P.O. Box 9398 SUFFOLK COUNTy Riverhead, NY 11901 SEP I [ ZO13 NYS Department of Taxation and Finance MICHAEL CIPOLLINO TDAB-Estate Tax Audit CHIEF CLERK Waiver of Citation Unit W.A. Harriman Campus Albany, NY 12227 At the Surrogate's Court in and for the County of Suffolk at the County Center Riverhead, New York on the 7 w day of 2013 PRESENT: HON. JOHN M. CZYGIER, JR. Surrogate -----------------------------------X Ancillary Probate Proceeding, Will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, DECREE GRANTING ANCILLARY PROBATE A Domiciliary of the State of Connecticut, File No. 2013-327' Deceased. -----------------------------------X A petition having been filed by NANCY A. WOOD, WILLIAM H. WOOD, III and RICHARD L. WOOD for ancillary probate of a will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, deceased, dated December 8, 2000, which has been admitted to probate in the State of Connecticut, said state being the domicile of decedent at date of death and said petition having set forth the facts upon which the jurisdiction of' the Court to grant ancillary probate depends, and it appearing that jurisdiction has been obtained over all persons entitled to process in this proceeding and that said decedent at death was possessed of property in this state upon which said will upon probate may operate, and an exemplified copy of said will having been filed, and upon the decision of this court dated and filed herein, it is ORDERED AND DECREED that said will dated December 8, 2000, having been admitted to probate in the State of Connecticut, being the state of decedent's domicile at death, be admitted to ancillary probate in this state valid to pass real and personal property and that said will and this Decree be recorded, and it is further ORDERED AND DECREED that ancillary letters to NANCY A. WOOD, WILLIAM H. WOOD, III and qualification, and that bond of said fiduciary $ -0-. FILED SUU FOLK COUNT CUR7 SEP I � NIJ %MICHAEL CIPOLLINO CHIEF CLI RK testamentary may issue RICHARD L. WOOD upon be..fkled in the amount HON. --..' .JOHN M. CZYGIER, JR. + Surrogate 00 aASurrogates Court of the County of Suffolk �U On the Date Written Below ANCILLARY LETTERS TESTAMENTARY were granted by the Surrogate's Court of Suffolk County, New York as follows: Name of Decedent: Domicile: Type of Letters Issued: Fiduciaries Appointed: Limitations: NONE Mary L Wood AKA Mary Andrews Lewis Wood Connecticut ANCILLARY LETTERS TESTAMENTARY Nancy A Wood William H Wood 111 Richard L Wood File #: 2013-3274 Date of Death: 04-27-2013 THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estateltrust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: September 12, 2013 IN TESTIMONY WHEREOF, the seal of the Suffolk County Surrogate's Court has been affixed. WITNESS, Hon John M Czygier Jr, Judge of the Suffolk County Surrogate's Court Michael Cipollino, Chief Clerk These Letters are Not Valid Without the Raised Seat of the Suffolk County Surrogate's Court • SURROGATE'S COURT SUFFOLK COUNTY ---------------------------------------- Ancillary Probate Proceeding, Will of WILLIAM H. WOOD, JR., A Domiciliary of the State of Connecticut, Deceased. W DECISION By: HON. JOHN M. CZYGIER, JR. ......................... Surrogate Dated:. 2013 File #: 2013-3291 This is a proceeding for ancillary probate of a will dated December 8, 2000, which has been admitted to probate in the State of Connecticut, the state of decedent's domicile, and is not being contested thereat. It appears decedent possessed property interest(s) in this state upon which said will may operate. Accordingly, said will is admitted to ancillary probate pursuant to SCPA 1602. Ancillary letters testamentary will issue to petitioner upon qualification according to law. The court dispenses with the filing of a bond. Decree signed. ) HON. JOHN M. CZYGIER, JR. Surrogate Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Attorney(s) for Petitioner(s) P.O. Box 9398 Riverhead, NY 11901 NYS Department of Taxation and Finance FILED TDAB-Estate Tax Audit SURROGATE'S COURT Waiver of Citation Unit SUFFOLK COUNTY W.A. Harriman Campus crr., Albany, NY 12227 jLi I � LUI,J MICHAEL CIPOLLINO CHIEF CLERK At the Surrogate's Court in and for the County of Suffolk at the County Center, Riverhead,. ew York on the day of 2013 PRESENT: HON. JOHN M. CZYGIER, JR. Surrogate -----------------------------------X Ancillary Probate Proceeding, Will of WILLIAM H. WOOD, JR., DECREE GRANTING ANCILLARY PROBATE A Domiciliary of the State of Connecticut, File No. 2013-328y Deceased. -----------------------------------X A petition having been filed by NANCY A. WOOD, WILLIAM H. WOOD, III and RICHARD L. WOOD for ancillary probate of a will of MARY L. WOOD, a/k/a MARY ANDREWS LEWIS WOOD, deceased, dated December 8, 2000, which has been admitted to probate in the State of Connecticut, said state being the domicile of decedent at date of death and said petition having set forth the facts upon which the jurisdiction of the Court to grant ancillary probate depends, and it appearing that jurisdiction has been obtained over all persons entitled to process in this proceeding and that said decedent at death was possessed of property in this state upon which said will upon probate may operate, and an exemplified copy of said will having been filed, and upon the decision of this court dated and filed herein, it is ORDERED AND DECREED that said will dated December 8, 2000, having been admitted to probate in the State of Connecticut, being the state of decedent's domicile at death, be admitted to ancillary probate in this state valid to pass real and personal property and that said will and this Decree be recorded, and it is further ORDERED AND DECREED that ancillary letters testamentary may issue to NANCY A. WOOD, WILLIAM H. WOOD, III and RICHARD L. WOOD upon qualification, and that bond of said fiduciary be filed in the amount FILED !. N� SURROGATE'S1 HON. JOHN M. CZYGIER, JR. SES' i Surrogate 11AICHAEL ClFOLLINO (;HIEF CLERK ! • �A Surrogates Court of the County of Suffolk On the Date Written Below ANCILLARY LETTERS TESTAMENTARY were granted by the Surrogate's Court of Suffolk County, New York as follows: Name of Decedent: Domicile: Type of Letters Issued: Fiduciaries Appointed: Limitations: NONE William H Wood Jr Connecticut ANCILLARY LETTERS TESTAMENTARY Nancy A Wood William H Wood III Richard L Wood File #: 2013-3284 Date of Death: 03-03-2013 THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estatettrust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: September 12, 2013 IN TESTIMONY WHEREOF, the seal of the Suffolk County Surrogate's Court has been affixed. WITNESS, Hon John M Czygier Jr, Judge of the Suffolk County Surrogate's Court Michael Cipollino, Chief Clerk These Letters are Not %lalid Without the Raised Seal of the Suffolk County Surrogate's Court • Property of Martha P. Litch 245 Reservoir Road, Fishers Island SCTM#1000-9-9-10 From: Patricia C. Moore To: Southold Town Zoning Board of Appeals Re: Appeal #6824 Estate of William H. Wood Jr. and Mary Wood RECEIVED JAN 8 2015 ZONING BOARD The Litch family oppose the area variance and waiver of merger to the exten� h�t�Pt� division of the property will interfere with the use of their house and continued use of the paved driveway. We respectfully request to know if the property has been sold. Mr. and Mrs. Litch want to be sure that they are communicating with the proper parties. Moreover, the Board should be aware of a sale and that the proper parties are before you. HISTORY Martha P. Litch's father Kenneth A. Peterson purchased from Race Point Corporation the .71 acre parcel adjacent to Woods. Mr. Peterson in 1966 obtained a building permit (No 3056) to relocate the structure shown on the plot plan survey (Exhibit 1 -plot plan). Under the supervision of the Town, the structure was relocated with alterations and additions, as necessary, to convert the structure to a dwelling.(Exhibit 2- building department file) Attached is a notarized statement from A.R.Grebe, Jr., (Exhibit 3) describing that he moved the building from Reservoir Road to an existing concrete pad. The paved driveway remains in it's present location since 1966. The Litch house and driveway will remain. The Litch family would prefer not to initiate an adverse possession claim, however, Mr and Mrs. Litch are getting older and want to leave the property to their children without issues. The driveway will remain and the obvious encroachment could be addressed with an exclusive easement rather than title or a lot line modification. If an adverse possession proceeding is brought, and likely won, the acreage of the Wood parcel will be reduced in size. The paved driveway and house has remained "open, notorious and exclusive under a claim of right" since 1966, and to the knowledge of Mr Wood, Jr. Since 1971, when Mr. Wood purchased the property. (Exhibit 4-1971 survey) This encroachment should be resolved prior to this application. If the Board reviews an area variance, the lot should reflect the existing conditions of the property and potential impact the size of the property. William H. Wood, Jr. appears to have used Tax Lot 11 and 13 as one parcel. The garage does not conform to setbacks from the proposed property line and the only driveway bisects both parcels. We would respectfully request to know where the driveway would be located in the event that the area variance is granted. Reservoir Road is a narrow and busy road, off premises parking can be a hazard. The above issues should be addressed before this application is considered. 04/23/2014 17:31 8023875932 NORTHEAST PACKAGING I , . e s •arr � • � , b l --5� Iv i PAGE 03 1 , =I • o, • °i • " �OI'�OI r� y`q.bT;s'•c M � � r y;,�,�e.�.p•s I i ♦ I RI � � /arW 'f't1vW71W Ro �.asM •0 •' �p Lo 1p L \ M t'• 00 rel• ON ° ' to �v,J ' p vw �I'�VN'�I W W I 4p7dyv:bi••o N 0 irk �", ,1 .54 Q I N C In N ql I �• F". IV '�` �`•br6 oil 1 C9•fV ,•Gt.'Pbl '.1 �. N`!IW ^1'fvIn- s� IMVW M�el7f N PAGE 03 1 , =I • - Y c9. I t, if �s y , F t • FORM X0.4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. 590 ..... Date ............. J'IaV...3....... 19.74 THIS CERTIFIES that the building located at . A/P. Reservo3 r !ivRd iPVTreet Map No.. Fr. .4 i h Block Na........... Lot No. pp;............... conforms substantially to the Application for Building Permit heretofore filed in this office dated ............ April .. 12, 19.66. pursuant to which Building Permit No. .3951 . dated ........ Apr -,i...15...., 19. 6.6, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . P?i' VOA . 9PP..9aFa 4. d 74 -'ng .................. I .................... The certificate is issued to .1C0=0t11. pet!kr$9A .......Owner.... • ...... I • • ........ . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . XXX ............................... UNDERWRITERS"• CERTIFICATE No. N. 468146 ...... June. .28 ... 1974• • • • • • • • • • • • . HOUSE NUMBER :.. TIP144P ...... Street .......................................... ................................................................................ 4 Building Inspector FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 3056 Z Date ..............................April ..... 15........ 19...6.6 Permission is hereby granted to: ............................ ..1and' iam......Cant::..................................... ..............Com a ...................................................... to .to...relocate ... (Same -•F1Pemi-&ee,).. --OX-A-ing..buil:d.tnft..an&--mkkL.................. albaraiictna..and... addItion..aa..oc"'savy...................................................................... at premises located at.F,/Z..... ....Roed............................................................................. ................................... ........ I`Ta.v................. ................. .......................................... pursuant to application dated:.................................APx'il....12..., 19.66.:, and approved by the Building Inspector Fee $..5, 00 ... chk... ........ L-A.,..i . z .......................... Building Inspec r _ ,_� - v �..-.Y.-� _ � �t -�:1�..{?'��.a7_�Wt:IWY�_ ,aE%�,n.A[E!'r2 c.�ci,'....�,__ .. .. �.ts�i..:ar�n� e • FORM NO. 2 TOWN OF SOUTHOLD f BUILDING DEPARTMENT l TOWN CLERK'S OFFICE ✓,. 1 G SOUTHOLD, N. Y. Examined .............. .........'... ....., 19. LQ . Application No Approved.........................................19 ........ Permit No................................. Disapproveda/c ........................................................ I .............................. ......................[ 1 ..................................... (Building !ns ector) APPLICATION FOR BUILDING PERMIT Date lip12, 7 966 .........................1 19............ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of propertymust be drawn on the diagram which is part of this application. 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a 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 and regulations. ................................................................................................. (Signature of applicant, or name, if a corporation) !��ixldklF:JDl .�i.�Tlts�X a...ti9Tli�.e. ............................. (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........... O nr ne............................................................................................................................................................................. Name of owner of premises ...Kennet. 4... .................................................................................................... If applicant is a corporate, signature of duly authorized officer. ................................................................................................. (Nome and title of corporate officer) 1. Location of land on which proposed work will be done. Map No. ,Leber 5661 Lot No: I'age 1159......................................... Street and Number ...Re ervoir. o.d.o..Xi.shersTs.land..:......................................................................... Municipality 2. State existing use and occupancy -of premises and intended use and occupancy of proposed construction: a. Exist•ing.use'bnd occupancy . Storra.¢;e UnoeCunied b.. `Int'ended,use`.and occupancy ... ..................................................................................... 3 4. 5. 6. 7. A 9. 10. I). 12. 13. t, of work (check w• applicable): New Building ..... Addit• Alteration ............... Removal ................... Demolition.................... Other Work (Describe) ..................................... !d Cost ...... .. <,.11 �Q.....OQ.............................Fee ... ; ;,"L.5a.0 ....... ... .. ..... ........... ling, number of dwelling units (to be paid on filing this application) ......1..•...............Number of dwelling units on each floor ....y..................... Ifgarage, number of cars .................................................................................................•....................... ...•......... If Business, commercial or mixed occupancy, specify nature and extent of each type of use ................. I.............. Di ensions of existing structures, if any: Front ..52.! .................. Rear �).? ..................... Depth 26 Height .....15.! ................. Number of Stories.....1.....:•................................................................................................ Di tensions of" same structure with alterations or additions: Front Li2.!......................... Rear ..5.2 �........ .......•... P 26 Height 15 Number of Stories 1 De I h ........................... ......................:............................................ Dinjensions of entire new construction: Front .%k ..................... Rear `r. 2:. .................... Depth ..��..•.-....... ;............. 15, 1 Height ............................ Number of Stories ............................ Size of lot: Front JAIA10.1 ............ Rear .....14.7.;&.Q......... Depth 233.9.0 .......... 7340. 5. - 70 Data of Purchase ...a:9.0.....................Name of Former Owner 1i0xQ.XQ,#:i'•1t.Lprp+....... ........... Zor a or use district in which premises ore situated....Q.9VA, ................................................. Dos proposed construction violate any zoning low, ordinance or regulation?..'AQ.................................:............. Na a of Owner of premises No. �,3jJ73. Nae of Architect ...................................................... Address ............................................ Phone No..................... No a of Contractor A, ... J 9Wt ... PAd ......................Address b;iphers„T pla.nd Phone No..T CS'7,.:..1. PLOT DIAGRAM Locot clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and, indicate whether in erior or corner lot. STATE OF F ( S.S. COUNTY OF ...... /1.. .... (/.:.1.�!?�...............being duly sworn, deposes and says that he is the pPPlicant (lame of individual signing application) abovenamed. He is the ................................. ...................................................... f (Contractor, agent, corporate officer, etc.) of said ower or owners, and is duly authorized to perform or have performed the said work and to malce'ond file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that t e work will be performed in the manner set forth in the application filed therewith. Sworn to ore me this p .•... day of�61 -4 Notary Pub11I cWWj.....:.........:............• County (Signature of applicant) THE NEW YORK BOARD OF FIRE UNDERWRITERS jm BUREAU OF ELECTRICITY 85 JOHN STREET, NEW YORK, NEW .YORK 10038 Date June 28, l9711 Application No, on fire 7 3 0 •8 5 " 168146 THIS CERTIFIES THAT only the electrical equipment as described below and introduced by the applicant named on the above application number in the premises of Kenneth A. Peterson Reservoir Road Fishers Island, Southold.L.I. in the following location; ❑ Basement Ei Ist Fr. ❑ 2nd Fl. Section Block Lot was examined on June 25, 1974 and found to be in compliance with the requirements of this Board. FIXTURE RECEPTACLES SWITCHES FIXTURES RANGES COOKING DECKS OVENS DISH WASHERS EXHAUST FANS FLUORESCENT AMT. K. W. AMT. K. W. T. K.W. AMT. K. W. AMT. H. P. OUTLETS INCANDESCENT1 21 8 9 3.111.5 DRYERS FURNACE MOTORS FUTURE APPLIANCE FEEDERS SPECIAL REC'Pt TIME CLOCKS BELL UNIT TRANS. HEATERS MULTI -OUTLET SYSTEMS NO. OF FEET DIMMERS AMT. K. W. OIL H. P. GAS H. P. AMT. NO. A W. G. AMT. AMP. AMT, AMP$. AMT. H. P. AMT. WATTS SERVICE DISCONNECT NO. OF METER EQUIP. S E R V I C E AMT. AMP, TYPE 1 �, 2W 1 ,6' 3W 9 ,B' 3W 3 �B' 4W NO. OF CC COND. PER b A. W. G. OF CC. COND. NO. OF HI -LEG A• W. G. OF HI -LEG NO. OF NEUTRALS A. W. G. OF NEUTRAL OTHER APPARATUS; �b A, R. Grebe A Grebe Electric ODOM Fishers Island, '17.Y. 106390 MANAtiER Per COPY FOR BUILDING DEPARTMENT. THIS COPY OF CERTIFICATE MUST NOT BE ALTERED IN ANY MANNER. L� A.R. Grebe, Jr. while working for A. John Gada Contracting, moved the building located at 245 Reservoir Rd., Fishers Island, New -York, owned by Ken Peterson, from its original location next to the road to a concrete pad farther back on the property in accordance with the Town of Southold, The town at that time owned Reservoir Road and was going to widen it however, this never took place. This moving of the building took place in 1966 and an official f from the Town of Southold was present during the move. The marks of the dozer can still be seen on the driveway. The existing pad had held a similar building to the one that was moved and was torn down after the closing of For This statement is veri ied by A.R. Grebe, Jr Date: — 5 KARLA S. HEATH NOTARY PUBLIC, STATE OF NEW YORK NO. 01HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 0 0 1] • 'DKK 'I}6„S'E 1 FQ4ZI�4L , N• ZZ•2¢� GE P01CG P'G t0 �{o i.n nas P +tee 70" 0 o' N/F �0 • N 'CeK Up�u W- 0 t` p 0 N p AXE A: I.3Z ± AC N c. a m 0 93'± 0 DEED Q �..W£ A E m co Q � N u1 IA In 0 3 w �m •to T III �' N t; III z Q d w 0 o_ .� o� 5.65= 19 w. r'• 4TS•L6T w. 52D4.42 W1I�1TI1iZOP p►Z1VF- GUA<AI,&TEED TO THE CH ICAC O TITLE INSVQAnICE Co., HOME TITLM DLV 151oN h,w.10 SOUTHOLD SAVIUGS SAt�I�- IN AcCGKPANCF- W,TH THE MINIMUM SidNDAf[DS V -<>e T('C'L6 SUKVEYs 01=- THE NEW YORK I. -.AND T'iTLE A5SOCiA,-rtoN. NOTE :Coot=bIN.\T E Ii1 ZT:&.1.JC CS AND Gi cF�SI�f�VEI���T T>�.tA1.�Gt� t-�TcOti S'rA-Tlon� Perces" _ZZ4 PLAI.t of PTCOPE:ZTY TO SE CONVEYED 6'! M iCt-4AEL MAW _WILLIAM H. WOOD,J•I;- A•N L7 MAV -"'r L. WOO p F15HE�C5 16�-AwtO • I.fEW WKK SCALc' 1"r 4G cr. C"ANDLEQ k T-ALMF2 E5,e-z5NOR! ICF(, Cat4ta� SePC>'=MFiE>? ZO, 1971 6 1R - ZONING 280 Attachment 5 Town of Southold [Added 11-28-1995 by L.L. No. 23-1995; amended 7-22-1997 by L.L. No. 22-19971 Date of Lot Creation Lot Size (square feet) Width (feet) Depth feet Prior to April 9, 1957 Any Any An Between April 9, 1957, and December 1, 1971 A Residential Zone 12,500 100 An B and B-1 Business Zone 7,500 50 An B-2 Business Zone 40,000 50 An Multiple -Residence Zone 12,500 100 An C Industrial Zone 12,500 100 An M Light Multiple Residence 40,000 135 An M-1 Multiple Residence Zone 80,000 200 An B -Li ht Business Zone 20,000 60 An B-1 General Business Zone 30,000 150 An C -Li ht Industrial Zone 40,000 200 An C-1 Heavy Industrial Zone 200,00 300 An 280 Attachment 5:1 os - 01 - 2006 BOARD MEMBERS • Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider , �pF SOUr�,o ti O �y,40UNTY,� http://southoldtown.northfork.net • 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2015 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, Southold, New York 11971-0959, on THURSDAY, JANUARY 8, 2015: 11:10 A.M. - ESTATE OF WILLIAM H. and MARY WOOD, JR. #6824 - Request for Variance under Article II Section 280-9 & 10 and the Building Inspector's November 20, 2014, amended December 9, 2014 Notice of Disapproval based on an application for Lot Recognition, which states "the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation." 1) The deed for the proposed Lot was recorded on December 9, 1971, 2) Lot area is less than the minimum required size of 40,000 square feet, 3) the subject lot is merged with the adjacent lot (13), located at: Reservoir Road (corner Winthrop Drive) Fishers Island, NY. SCTM#1000-9-9- 11&13 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothpTown.Southold.nv.us Dated: December 8, 2014 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 0 10 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net December 8, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, January 8, 2015 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 Suffolk Times. 1) Before December 22"d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than December 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 31St: 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 January 6, 2015. 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 Ends. 0 • TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel # 1000- C� _,I - I i a 1?, COUNTY OF SUFFOLK STATE OF NEW YORK I, LtV�) L�A-vvlb-) residing at (03o New York, being duly sworn, deposes and says that: On the ZPIld day of ✓ , 20 4, I personally mailed at the United States Post Office in 1tytV (qe01-d , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (v Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) - w�rnm:: �►Jna 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. M .. •Provided) For delivery information visit our website at Y4R 111 'n in Postage $ $0.49 0901 ra Certified Fee $3.30 12 IO 0 Return Receipt Fee (Endorsement Required) $2.70 Postmark Here Postmark Here G Rest"Delivery Fee (Endorsement Required) =0.00 Er C3 T .-, �__-- _ ---- •• $6.49 12/22/2414 m Richard A. Miller 0 Hiram F. Moody Jr. QPRT m New York, New York 10128 r-3 Sarah R. Goulard QPRT C3 r- . P.O. Box 2119 ' Wickenburg, AZ 85358 (Domestic Mail Only, . • . SID 0" !— For delivery information visit our website at www.usps.com,-, o - S C U tn f17 Postage $ $0.49 0901 ' r-4 Certified Fee $3.30 12 C3 Return Receipt Fee Postmark C3 (Endorsement Required) $2.70 Here Restricted Delivery Fee p (Endorsement Required) $0,0 0f !, tai Total Pnstane R Fees .�+ $6.49 12/22/2014 -94 "' Cleveland Donald L. Jr. 77 Shady Lane --------------- o; c Stamford, CT 06903 -------------- 1000 -q-10- 3 ti iT C3 .. •Provided) For delivery information visit our website at Y4R 111 vvww.usps.com(D cc Lr` Postage $ $0.49 . 0901 rq Certified Fee $3.30 12 C3 O(Endorsement Return Reoelpt Fee Required) $2.70 Postmark Here Restricted Delivery Fee C3 (Endorsement Required) $0.00 1 � $6.49 12/22/2014 m Richard A. Miller 0 1125 Fifth Avenue, Apt. 12 r` New York, New York 10128 Postal Ser%, CID' (� CERTIFIED MAIL,,,, RECEIPT in (Domestic Mail Only; Coverage cc V Q^ For delivery information visit our website at www.usps.com,, C3 1_ NOW 1 ca Ln Postage $ $0.49 0901 r-9 Certified Fee $3.30 12 C3Return Receipt Fee P Hereat O (Endorsement Required) $2.70 Restricted Delivery Fee C3 (Endorsement Required) $0.00 Er L C3 T . --- - -- $6.49 12/22/2014 9� M s Cutler Stewart L. _ C3 s Cutler Anne____ ... r` 115 East 95th Street _____ , ` New York, New York 10128 CERTIFIED MAIL,,, RECEIPT M (Domestic Mail Only; Coverage co Er Cc o i 'E n Postage $ $0.49 0901 r9 Certified Fee $3.30 0 I Return Receipt Fee 12 Postmark I3 (Endorsement Required) $2.70 Here D Restricted Delivery Fee p (Endorsement Required) $0.00 rr IT' Total Postage &Fees $ $6.49 12/22/2014 M Keenan, Walter C. o Keenan, Susan P. •------------- 1000 Mason Street, Apt. 801 San Francisco, CA 94108-1976 CL 1000—q,q-I(v U.S. Postal Service,,, 0 CERTIFIED MAIL,,, RECEIPT (DomesticOnIY; No Insurance Coverage CO Er Z -Tr- 1741 A L iii USE Ln Postage $ $0.49 0901 r'i Certified Fee $3.30 12 k' C3 Return Receipt Fee Postmark M(Endorsement Required) $2.� Here Restricted Delivery Fee ' Q (Ehdorsement Required) $0.00 Ir C3 T .,l P—tann a Fees $ $6.49 12/22/2014 r -q"' Martha P. Litch C3 P.O. Box 471 Putney, VT 05346 COMPLETE THIS SLLTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired" -X ❑ Agent ■ Print your name and address on theerse ❑Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery Dl ■ Attach this card to the back of the mailpiece, a or on the front if space permits. D. Is delivery address different from item 1? []Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No i 0 Cleveland Donald L. Jr. I 77 Shady Lane Stamford, CT 06903 3, service Type ❑ Certified Man ❑ Express Mail 3. Service Type ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes ❑ Registered ❑ Return Receipt for Merchandise 2. Article Number ?013 1090 0001 5580 9841 (Transfer from service labeq -- -- — -- -- PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540, i ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, . or on the front if space permits. 1. Article Addressed to: Richard A. Miller 1125 Fifth Avenue, Apt. 12 New York, New York 10128 2. Article Number (Transfer from service labeo — PS Form 3811, February 2004 00, ❑ Agent / ( ❑ Addressee (PrinteaN4r9 "_ C. Date of Delivery D. is delivery address different from Rem 1? d Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7013 1090 0001 5580 9827 Domestic Return Receipt 1 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. V❑ Agent �� ❑ Addre by ( ami 11C. Date of Deli D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No I Martha. P. -Litch I P.O. Box 471 3. Service Type Putney, VT 05346 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 013 1090 0001 5580 9 810 (Transfer from service labe# -_- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W 540 z ME Postal Postal CERTIFIED MAILTIJ RECEIPT CERTIFIED MAILT. RECEIPT O(Domestic Only; No Insurance CoveragerOM1,., I• • rCoverageProvided) co M1 Q' a- � For delivery information visit our website at r�z 5 p 12 �., p S 142 ` L � E L Postage $ $0.49 0901 N Postage $ $0.49 0901 ri Certified Fee $3.30 12 Certified Fee $3.30 12 C3 Postmark Postmark Retum Receipt Fee Here p Return Receipt Fee C3 Endorsement Required) $2.?0 C3 (indorsement Required) $2.70 Here Restricted Delivery Fee Restricted Delivery Fee r3 (Endorsement Required) $0.00 C3 (Endorsement Required) $0.00 Ir _. Er rC-3 T - - $6.49 12/22M14 C3 •Total $6.49 12/22/2014 M Curtis -Harvey Revocable Trust m sem R. Dixon H. Harvey, Jr. r c/o Charles M. Curtis & J. Harvey --------------- � ----- Janet H. Harvey ------------ S1 1620 E. Highland Drive --------------- N of A 2004 Stringtown Road ------------- Seattle, WA 98112 Sparks, MD 21152 1000 —61 3.3 COMPLETE1 SENDER: SECTION/ ■ Complete items 1, 2, and 3. Also complete A. Sign item 4 if Restricted Delivery is dealred. X ❑ Agent ■ Print your name and address on the`mverse ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. D11 ate of Delivery �(\ ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery addrssg different from Item 1? ❑ Y If ff S, enter dei address below: E3 No Cutler Stewart L. Cutler Anne 115 East 95t" Street31 . Service Type New York, New York 10128 ❑ certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ 0.0.13, ; 4. Restricted Delivery? (Extra Fee) ❑ Yes t 2. Article Number (Transfer from service labeq _7 013 log[] 0 0 01 5580 9858 P5 Form 3811, February 2004 Domestic Return Receipt 102595 -024A -IM ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. - • Print your name and address on thdAverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Hiram F. Moody Jr. QPRT Sarah R. +Oroulard QPRT P.O. Box 2119 Wickenburg, AZ 85358 A. Signature X 13 Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7013 1090 0001 5580 9780 (Transfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt 5 -o2 -M-1540 JAN -07-2015 14:37 From:TWOMEY-LATHAM 6317272385 To:63 55864 P.3/3 �an'ur.�uin -L.$:Uu,. _ PAGE. I/ 1 'GOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the ApplJoation of (Namc of Applicants) Regarding Posting of Sign upon Applicut's Land Ideatlfied gs Scm Parcel #1000- 1-,1 " 111 WI64 AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at ./a 3 r7wc %) _ —LVA LO, New York, being duly sworn, depose and say that: On the day of D ' („ , 2014 I personally placed the Town's MOW footer, with the date of bearing and nature of my applioadon noted thereon, securely upon my property, located ten (10) bxt or closer From the straet 4r right-of- way (driYeway entrance) — facing the street or facing each street or xightrof--wny ontratloe,* and that I hereby confirm that the Postcr has remained in place for seven (7) days prior to thr, date of the subject Hearing date,, which hearing date was shown to be V , ' 201 'T (Signattu'e) Sworn to be ro ma this Day of Ik1r1, w Bey , 201,5' - (No Fuhlic) * near Clic ontrmtce or driveway entranco of my property, as the area mast visible to passerby. Thomas A. Twomey, Jr. Stephen B. Latham John F. Shea, III Christopher D. Kelley David M. Dubin c Jay P. Quartararo t Peter M. Mott Janice L. Snead Anne Marie Goodale Bryan C. Van Cott Kathryn Dalli Laura 1. Dunathan Lisa Clare Kombrink Patrick B. Fife Fred W. Thiele, Jr. Melissa H. Sidor Kelly E. Kinirons Lauren E. Stiles Patricia J. Russell Reza Ebrahimi Bryan J. Drago John A. Otto t* Bernadette E. Tuthill Craig H. Handler Alexandra Halsey-Storch OF COUNSEL Kenneth P. Lavalle Kevin M. Fox Karen A. Hoeg Jennifer R Nigro oNY&LA BARS tLL.M. INTAXATION • NY & NJ BARS OTHER OFFICE LOCATIONS: 20 Main Street East Hampton, NY 11937 631.324.1200 51 Hill Street Southampton, NY 11968 631.287.0090 490 Wheeler Road Suite 165G Hauppauge, NY 11788 631.265.1414 56340 Main Road P.O. Box 325 Southold, NY 11971 631.765.2300 0 Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP A T T O R N E Y S A T L A W December 29, 2014 Board of Zoning Appeals Town of Southold Town Hall - 54375 Route 25 P.O. BOX 1179 Southold, New York 11971 Re: Estate of William H. Wood, Jr. No # Reservoir Road, Fishers Island SCTMNo.: 1000-9-9- 11 Dear Board Members: febrating Over 40rars of Service MAILING ADDRESS: Post Office Box 9398 Riverhead, New York 11901-9398 MAIN OFFICE: 33 West Second Street Riverhead, New York 11901-9398 Telephone: 631.727.2180 Facsimile: 631.727.1767 www.suffolklaw.com khoeg@suffolklaw.com Extension 269 Direct Fax: 631.727.238 In connection with the above, enclosed please find the Affidavit of Mailing for this application for filing with your office. Please make same a part of the record on the within matter. Ilf Enc. c: Steve Ham, Esq. Very truly yours, 1 Karen A. Hoeg \'el #12033 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 25th day of December, 2014. LEGAL NOTICE SOUTIHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JANUARY 8, 2015 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTH - OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY- JANUARY 12015, te:lltt AAL - ALLEN SANKOYICH MW — (adjourned from December 4, 2014PH by written request of owner) Request for Variances from Article III Section 280-15 and the Building Inspec- tor's July 21, 2014, 2014 Notice of Dis- approval based on an application for an .as built" location of an accessory in - ground swimming pool, at; 1) less than the code required side yard setback of 5 feet, 2) less than the code required rear yard setback of 5 feet, located at: 1240 Longview Lane Southold, NY. SCTM#1000-88445 ISM A.M. BERRY & BERRY LLC #6818 - Request. for Variances from Article XI Section 280-49 and the Building Inspector's March 8, 2012, Up- dated October 24, 2014 Notice of Dis- approval based on an application for change of use; convert dwelling to Busi- ness (office) and construct a four bay garage with office above, at; 1) less than the minimum lot size required for two principal uses, located at: 41535 main Road (aka State Route 25) Peconic, NY. SCTM#1000-75-5-13 SCAPE. INC #6822 - Request for Variances from Article XV, Sections 280-64A and 280-63 and the Building Inspector's November 5, 2014, amended December 1, 2014 Notice of Disapprov- al based on an application for building permit to construct a commercial build- ing for landscape contractor's yard, at, 1) less than the code required front yard setback of 100 feet, 2) less than the code -required minimum rear yard set- back of 70 feet, located at: 67575 Main Road (aka State Route 25) Greenport, NY. SCrM#1000-52-5-58.3 14ky AM,._ZMMU OF WELL 116M - Request for Variances .under Article H Section 280-9 & 10 and the Building Inspector's November 20, 2014, amended December 9, 2014 No- tice of Disapproval based on an appli- cation for Lot Recognition, which states "the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before. June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation." 1) The deed for the proposed Lot was recorded on De- cember9,1971; 2)-Lbt rtfea is less thkn the minimum required size of 40,000 square feet, 3) the subject lot is merged with the adjacent lot (13), located at: Reservoir Road (corner Winthrop Drive) Fishers Island, NY. SCTM#1000- 9-9-11&13 11:30 A.M. - ALANE KELLY 1 819 - Applicant requests a Special Excep- tion under Article III Section 280- 13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, ac- cessory and incidental to the residen- tial occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serVing of breakfast to the B&B casual, transient roomers. Lo- cation of Property: 35995 Main Road (aka State Route 25) Cutchogue, NY. SCTM#1000-97-1-21 11.45 A.M. -MARY MANFREDI 06820 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 10, 2014 Notice of Disapproval based on an application for building permit for a second story addition to existing single family dwelling, at; less than the code required rear yard setback of 50 feet, located at: 170 Hilltop Path (Horton's Lane) Southold, NY. SCTM#1000-54- 1-29 Principal Clerk day of 201 ARIS1 LINSK V-(__ NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commission Expires February 28, 2016 1k15 P.M. TELiOS iad PENEL OPE NIKOL_AKAKOS /6825 - Re- quest for Variance from Article XXII Section 280-116A(1) and the Building Inspector's November. 12, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to a single family dwelling, at; 1) less than the code required set- back of 100 feet from the top of bluff, located at: 20795 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCI'M#1000-51-4-13 1:30 P.M. - 115" COMMERCE n_ R1VR- 1.LCI2232 ROSES BROOK FARM. LLC. #6823 - Request for Vari- ance from Article XV, Section 280-63 (Bulk Schedule) and the Building In- spector's December 1, 2014 Notice of j -Disapproval based on an application for building permit for construction of an "as built" third floor conditioned space to an existing commercial build- ing, at; l) more than the code permit- ted maximum two stories, located at: 115 Commerce Drive (Depot Road) Cutchogue, NY. SCTM#1000-96-1-1.2 ROAD Request for Special Excep- tion under Article III, Section 280- 13B(12) for equestrian stables and rid- ing academy, located at: 55 Cox Neck Road (Sound Avenue) Mattituck, NY. SCTM#1000-113-7-19.23 The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desir- ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki. Toth@Tbwn.Southold.nyus. Dated: December 10, 2014 .ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 12033-17 12/25 � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM # • ESTATE OF WILLIAM H. and MARY WOOD # 6824 I000 -9-9-1 1& 113 VARIANCE: LOT RECOGNITION & WAIVER REQUEST: DATE: OF MERGER UNDERSIZED LOT, UNMERGE THURS., JAN. 8, 2015 11:10 AM you are interested in this project, you may review the file(s) prior to the Baring during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD 765-1809 ti Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 4'-*'rjf SOUI�o-"�' O iQ �40U�,* http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: • Mailing_ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 December 9, 2014 Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6824 Owner/Applicant : Wood Jr., William Estate of Action Requested: Lot recognition, waiver of merger. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie We' an ZBA hairp rs By: Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider January 23, 2015 http://southoldtown.northfork.net 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Karen A. Hoeg, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLC 33 West Second Street Riverhead, NY 11901 Re: ZBA Application #66824 - Wood Dear Ms. Hoeg: Transmitted for your records is a copy of the Board's January 22, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for interpretation. If you have any questions, please call the office. Sincerely, V\Vi�cl/k/lii Toth Zoning Board Assistant Encl. Cc: Building Dept. 10-09-97 09___10 99 05-17-00 N X06 • 08-23-00 oe-15-00 n-2000 05-16-03 INSERTA SCtlF 1- = tar `�f l 1 / z� 5.2A(d) 6.3A(c) \ 46 0. 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