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HomeMy WebLinkAbout6831I / 1p Olfl)�J�A,7- A07- f !�- P%� 1 S"l ► �ppv' BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider , kpF S064ol yCOUNT i Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION So thold Tollw..nGG Clerk MEETING OF FEBRUARY 19, 2015 ZBA Application No.: 6831 Applicants/Owners: Robert Dixon Property Location: 545 South Lane, East Marion, NY SCTM 1000-38-6-5 & 6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Jan. 8, 2015, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to immerge a vacant land area of 8,913.02 square feet (CTM 1000-38-6-5) from an adjacent land area of 8,162.50 square feet (CTM 1000-38-6-6). This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-38-6-5, based on the Building Inspector's December 15, 2014 Notice of Disapproval, which states a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-38-6-6. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5, 2015, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family since the time merger was effected. Pursuant to §280-11, the Zoning Board finds that Page 2 of 2 — February 19, 2015 ZBA#6831— Dixon SCTM#1000-38-6-5&6 (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: Many of the lots in this long established neighborhood are of comparable size to these proposed lots. In 2009, a waiver of merger was granted for adjacent lots 1000-31-15-12 & 13, lots that are of similar sizes to the subject parcels. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: The improved lot was purchased on 9/19/61 by Dorothy Dixon and the unimproved lot was also purchased by Dorothy Dixon on 1/13/67. Dorothy Dixon left the properties by will to Robert Dixon, who inherited both properties on 8/23/1999. The properties have remained in the Dixon family. By physical inspection, the lot consists of mature trees and there is no evidence of any structural improvements to the vacant lot. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: The neighborhood was developed in the 1960's, with all the lots and roads shown on survey maps that were drawn at that time. The subject parcels appear on these maps. The undeveloped parcel (1000-38-6-5) is one of only five remaining undeveloped parcels in a neighborhood with 31 developed lots. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried to GRANT, the waiver of merger as applied for lot 1000-38-6-5 as shown on the survey by Kenneth M Woychuk Land Surveying, PLLC, dated Nov. 1, 2014. Subject to the following condition: CONDITION 1. Proof that waiver of merger is effected by way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as #1000-38-6-5 be provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was: Memb Goehringer) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing a /� /2015 S.C.T.M. NO. DISTRICT: 1000 SECTION: 38 BLOCK: 6 LOT(S):5 FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED /fN / W z a WOOD COL FEN .6'N FC 0.2'N U.P. 0.1'E w O O O 9 TOGETHER WITH AN INGRESS & EGRESS EASEMENT & BEACH RIGHT OF WAY AS RECORDED. LIBER 3267 PG.307 SEPT. 22, 1951 AREA: 8,913.02 SQ. FT. or 0.20 ACRES LAND N/F OF DANIEL & GENEVIEVE MCMONIGLE 2°'tc" 'E N 4 / 2°�6 � '30 S s 9�•a75 VACANT WOODED PARCEL (NO STRUCTURES) l0A31V t, 0.8'N D - ENCE WOO0 LAND N/F OF ROBERT W. DIXON REVOCABLE TRUST Rp�L FENC j / 0.1'E WOOD / PIPE L� YXUSNED STONE CR U.P. H�'& (?3 RECEIVED DEC 2 4 ZOA4 ZONING BOARD OF APPEALS THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM 07HERS ELEVA710N DATUM: ------------------------- UNAUTHORIZED ALTERATION OR ADD17101V TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO 7HE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT 7RANSi £RABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: EAST MARION TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FILE N 14-168 SCALE: I"=20' DATE: NOV. 13, 2014 N.Y.S. LISC. NO. 050882 CERTIFIED TO: ROBERT W. DIXON; KENNETH M WOYCHUK LAND SURVEYING, PLLC Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 PHONE (831)298-1588 FAX (631) 298-1588 maintaining the records of Robert J. Hennessy k Kenneth Y. Woychuk *OUNTY OF SUFFOLK 0 RECEIVED JAN 15 1011'i Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner January 8, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: BOARD OF APPEALS 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 Dixon, Robert W. 6831 Hovey, Mary A. 6832 Quinn, Timothy & Georgia 6833 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 0 (631) 853-5191 L-1 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Patricia Moore (Dixon) 51020 Main Road Southold, NY 11971 Please take notice that your application dated December 15, 2014 For a permit for a waiver of merger at Location of property 545 South Lane, East Marion, NY County Tax Map No. 1000 - Section 38 Block 6 Lot 5 Is returned herewith and disapproved on the following grounds: RECEIVED DEC 2 4 2014 ZONING BOARD OF APPEALS DATE: December 15, 2014 The subject lot (SCTM# 1000-38-6-5) has merged with the adjacent lot SCTM # 1000-38-6-6) pursuant to Article II Section 280-10 A., which states; Merger. A_ nonconforming lot shall merge with an adiacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Tee: S Filed by: Office Notes: For Office Use Only Date Assigned/ZBA File. # _ RECEIVED DEC 2 4 Z01 WAIVER TO UNMERGE PROPERTY APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF THE. BUILDING INSPECTOR DATED )e4,er� 15 2dyWHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATtD D"_etJk_r 3 under Town Code Chapter 280 (Zoning), Article II, Section 280 -for: Building Permit Permit for As -Built Construction Certificate of Occupancy Pre -Certificate of Occupancy Other _ Owner of Parcel for Waiver: 2(+- • Dr x o r) Owner of Adjacent Parcel: + W. D r D ..___.fid nS-n exon a$+VU5�a Note: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Mailing Address: _ I(v Tip nr ILvJOe Diosf°. . �Gr1M— __M 1(,577 Telephone No: ''11.8 7 G - f � eln _._._ Fax/Email ��n nee e� IM -A tCO)f _ee-111 oC5 Agent for Owner: _mak--VrCC._o. C- o,) OO ('1e_ Address: S_(QZo M Ci ) n 060, 1-�t>f-h o l o N-1 Telephone No:X330 Fax/Email: PCt1100r= @ M�U-lS Con'1 Please specify whoyo wish correspondence to be mailed to, from the above: Owner, or 4i'Authorized Representative I (we),t`,Ohodt W • J)i Y,0y1 ___o, 6 2or)Okr, 1V10 MVSQ I1__(Ke)r\ request that the Zoning Board of Appeals waive the merger and recognize the original lot lines under the provisions of Article 11, Sections 280-9, 280-10, 280-11 of the Southold Town Zoning Code, for Suffolk County Tax Map District 1000, Section g Block (v Lot containing!/ 2„5 quare feet located at # Street and for District 1000 Section Block (6 Lot S containing f , 9/9,022square feet. The property is located in the R—L{O Residential Zone District. ,j,,'` j, Tr,) bfi P9reamer”'CLck-lr. c-1 Nov ennbw a 1, jYle (24e-(rW �x�r� �evocab(���sfi x/3/0 R4e.(t W. pt xo V1 • • Page 2 - APPLICATION FOk WAIVER TO UNMERGE PROPERTY ZBA # ( Aff Lct -- 5) L 6e r 3 a-67 9 s 1 al- Pg' 30-1 The lot to be unmerged was originally created by deed dated , 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.3 '� 6r., e, t This application is an alternative to that provided for under other Town Code paRECw available for an area variance. APPLICANT'S REASONS: DEC 2 4 2014 ZONING BOARD OF APPEALS (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: e Y1�crinb0✓nC C,es, M 6e, rJencr'g Qc_o-`i, tarae NGWi 1 `'� t oi's +h C�w,rc erre i s stz.�a.o cure C 3'b ' x �c� a' rtYier� l Opt 0— 70 , x too (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: .I/c pI� I�LotinQ r' t Uco r 2 a d Was J _ Geo Vio D A 4 -AS, 'iW`o PoJece 1€-. P be rr De ?soh fav rcJl- std l of- f'zy" h �S i 5 '✓ (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: F aI y 1�� l�jrS x 1100 1 C o b u c o cu p t uZ� ti �- o CSI , 1046;4( 'At3S �•: C�iG+rac �`a SvP r' Ao cs iri �`yirs irliHUis� 6�s Please check one or more of the follovdnLy that annly to the lot to be un erged: ❑ This lot was formerly approved by the Southold Town Planning Board on (attach copy). This lot was approved or shown on a map approved by the Southold Town Board during 19_ (attach copy). Cu' This lot was approved by the Board of Appeals on (please attach). /A search of Town records found no approvals or other action by the Town of Southold, except for Application # in the Year (please attach copy). Z o` 8oA Fvvvo l f sr Cc �voods I deo in a w -A QA q M- q- - •-asr 44-t ?'harp d e-v0c u r �'�hJ ra Od b arc 5hlbw'yx- ry► ► cd AT 0 Page 3 — APPLICATION FOk .dAIVER TO UNMERGE PROPERTY ZBA # <mrch of Towti mords fowd a cettific e-af o=Wcy was I uod11 / S / '17 fora dweUsswor odw purpoft ori Sm Lot W-6— (Plaw e h copy). (Attach a4ditional sheets f rtee d). Owner (Parcel l ) Sworn to before me this CGGc l g.2e,2" Notary Public CLAUDIA CAPORALE, Notary Public My Commission Expires day of Sworn to before me thi day of 6r-c-c*Abe1 , 206/z/ Notary Public CLAUDIA CAPORALE, Notary Public My COmmisftn Expires -1,:,-) S ZBA 12!95-,3/06-1 11/0-91" ,?3/ Uv RECEIVED S�- _ ZONING BOARD OF APPEALS • • Additional information and reasons for granting Waiver of Merger: Dorothy Dixon acquired title of the two lots (house) (Lot) at separate times and by separate deeds, from separate owners in 1961 and 1966. The lots were created by deed (not subdivision) by Thorp. The Thorp family owned and subdivided large parcels around Marion Lake. The subject lots created by deed, owned in common in 1983, unintentionally merged. The owner has and continues to receive separate Real Property tax bills. See attached 2014-2015 tax bills. When Dorothy Dixon died both lots were devised to Robert and his sister (inheritance) and they conveyed the parcels in 1999 together in one deed as parcel 1 and parcel 2. The merger occurred with Dorothy Dixon ... then with Robert Dixon .... now the lots are split again: Robert owns the lot and the Robert W. Dixon and Bonnie Thompson Dixon, as Trustees under the Trust Agreement dated November 21, 2007 of the Robert W. Dixon Revocable Trust owns the house. The merger occurred unintentionally in 1983, and the merged parcels have remained in the family to date. The two parcels are located on South Lane and appear on the attached map prepared for Thorp with additional parcels which received area variances. Lots 38-6-9 and 11 received area variances in 1961 applying the more stringent "unnecessary hardship" standard. Notably in that decision the Board found that "after investigation and inspection the proposed set-off of the merged lots conforms to nearly all other lots in this subdivision which adjoins a subdivision excepted from the standards set forth in the ordinance". This fact has not changed in 50 years. Similarly, the subject parcels on the north side of South Lane are comparable in size to a majority of the improved lots in the neighborhood. Attached is a copy of the Suffolk County Tax Map. From the assessor's records of vacant lots in Gardener's Bay Estates are highlighted in yellow. In the immediate area of the subject merged parcel only one lot, which is the largest lot in the area (1 acre), remains vacant. Given the size of the lots in the area, this one acre parcel is out of character for the area. RRC FnfF[3 ZONING BOARD OF APPEALS LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department ' merger application): )3.02 s.f. ft. by 87�l ;+- ft. Date of first deed which created this lot: 3Q-7 �l Date of current deed to present owner: L; (ge r & (CO .c 3-3 Bias/ (o Owners' names of lot at current time: , P( Scorn Date and name of subdivision (if any): (CV -ea by G eed Size of remaining lot in the merger: �� I �� ° JD s f WA house - 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. Vli:ere ere any County Health Department approvals in the past for either lot? Yes No If yes, please provide a copy. (Pre ry r ) Were they any vyacant land Certificates of Occupancy requested in the past? Yes No �/ . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot -line change, Trusties approval, or other type of application to build or use the property in anyway)? Yes _✓ No If yes, pleaase provide copy (iffaalvrailable), or explain: E30 ov a. Q R s a 2V4- 'h i- Wc.�U Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded I t line which separates the two merged lots? _ No. Yes If yes, please explain_ How many other vacant lots are on the same block and immediate neighborhood? IA4 Please note other approvals or other information about common ownership of these lots: /If. I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) 'bei RFCF.IVEQ Dated: Q- CLEC 4 2014 (*gnatu're ZBA5/27/99 ZONING BOARD OF APPEALS • QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premise listed t e real estate market for sale? Yes n No (Lot) 44OV-se +n Geer Wae' B. Are ere any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? 1'J0 2.) Are those areas shown on the survey submitted with this application? NSA 3.) Is the property bulk headed between the wetlands area and the upland building area? 9 f A 4.) If your property contains wetlands or pond areas, have /you contacted the Office of the Town trustees for its determination of jurisdiction? 1i► (A Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? V0 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? 00 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 Buildikg Department and please describe: Lots V"mt l Lc �y (440'SG G. Please attach alt 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. (c), V_ H. Do you or any co-owner also own other land adjoining or close to this parcel? ` lJD ti S If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel L4-)+ S / V a Ca't +) L ( Aou 5e and the proposed use ' K&31!;4-Muo Qgraq'e (ex: existing single lamily, pro used: same with garage, pool or other) Authorized signature and Date ZONING BOARD OF APPEALS 617.20 Appendix B Short Environmental Assessment Form Instructions for Comaletin • Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 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 1 - Project and Sponsor information /-,?/- X c n Ala <U1 -r- Name of/A�et_ion or Project: n /' v�t LI/ �� X o /1,,, %c,p�f W - �txcn �FJbn4rC �7o/N�15orr 401XOA /I Project Location (describe, and attach a location map): Brief Description of Proposed Action: RECE AV4 l yr 4-t, A/V L e Iw m zv/- DEC 2 3 5- ZONING BOARD Name o/f A-pplicanntt�or Sponsor: Telephone , , S : 3J2O 4d/f t (Jt X 0/� ` WP/X,9,1 o/! E-Mail./e/%%OD @ /ea S Address: City/PO: Sf' Z' Code: ; 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 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: z �� / 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? Q acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land usesthp�occur on, adjoining and near the proposed action. ❑ Urban Rural (non -agriculture) ❑ Industrial ❑ Commercial o Residential (suburban) o Forest o Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 1/ 'ED 2014 )F APPEALS M6 L1 5. Is the proposed action, VNO a. A permitted use under the zoning regulations? L b. Consistent with the adopted comprehensive plan? Git/ " ����� grasslands Early mid -successional ❑ Wetland 13Urban. ETSuburban 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 YES N/A ✓ 16. Is the project site located in the 100 year flood plain? NO 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, 6. Is the proposed actionconsistent with the predominant character of the existing built or natural landscape? NO a. Will storm water discharges flow to adjacent properties? fl NO ❑ YES NO YES 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 8. a Will the proposed action result in a substantial increase in trafficabove 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? 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: NO YES NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: 5 e WA 1 I. Will the proposed action connect to existing wastewater utilities? �-7y -- If No, describe method for providing wastewater treat 12. a. Does 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? 13. a. Does an proposed y portion of the site of the ro sed 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 NO YES NO YES NO YES 14. Identify the typical habitat types that occur on, or are likely to be found on theat ro'ect site. Check all th ❑ Shoreline ❑ Forest ❑ A culturaU p gyp' 13 ����� grasslands Early mid -successional ❑ Wetland 13Urban. ETSuburban 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 NO or endangered? ✓ 16. Is the project site located in the 100 year flood plain? NO 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, NO a. Will storm water discharges flow to adjacent properties? fl NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (run� and storm drains)? If Yes, briefly describe: ffNO ❑ YES Page 2 of 4V, (01 DEC 2 4 2014 ZONING BOARD OF APPEALS YES 0 5� 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: NO YES r 3 , small to large r {g,,—��R� a impact impact gt:, may 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: NO YES / I. 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? 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: NO YES / establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level traffic I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor n la - -t e" a e - %�p o r� Date: --- - I / y 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 1 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?" -gn No, or Moderate r 3 , small to large r {g,,—��R� a impact impact gt:, may may occur occur I. 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)? 5. Will the proposed action result in an adverse change in the existing level traffic of 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 en 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, REC IVSD waterbodies, groundwater, air quality, flora and fauna)? L,L- L, k '-T cui1+ Page 3 of 4 ZONING BOARD OF APPEALS • 0 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? rart s - uetermination 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 Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) DEC 2 4 2014 Page 4 of 4 ZONING BOARD OF APPEALS 0 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: DIXON. ROBERT W. ROBERT W. DIXON AND BONNIE THOMPSON DIXON AS TRUSTEES OF THE ROBERT W. DIXON REV. TRUST. AND MOORE, PATRICIA (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: WAIVER OF MERGER Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided / The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): RECEIVED►►►""""' A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); DEC 2 4 2014 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 ZONING BOARD OF APPEALS D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this -23 day of`g" / 1 RebmrR 7Dix � Trust o vo ?�Z_ By Robert W. Dixon Robert W. Dixon r' y Bonnie Thompson Dixon Patricia C. Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal 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 with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. RECEIVED B. DESCRIPTION OF SITE AND PROPOSED ACTION 0H 2 4 1014 SCTNI# 6a - J� ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees ❑ Z-04 1. 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) ---��--Z'errnit, approval; license, certification: Nature and extent of action: WQ (vim -rwe qery` k Gc t ) Off- m 0 • Location of action: 6T q &2t diil Lane Z�Gc sf /�6.tr�dn Site acreage: /_ Present land use: Present zoning classification: ,- ep /3. 62 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: dQ1 (b) Mailing`ry 51G!>'J inaddress: C° /tAol- (c) Telephone number: Area Code ( ) .:,(,--3� " 26 3—. X33 b (d) Application number, if any: Will tine action be dire tly undertaken, require funding, or approval by a state or federal agency? , Yes 11No If yes, which state or federal agency? C. DEVELOPED COAST POLICY DEC 2 4 2014 ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 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. F] Yes ❑ No Not Applicable Attach additional sheets if necessary Poliey 2. Protect and preserve"historie andarchaeological resources of -the Town ofs-outhoid. See L8VRP Section III – Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ENot Applicable • • Attach additional sheets if necessary . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 throu X21 for evaluation criteria ❑ Yes ❑ No Not Applicable RECEIVED Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies;_ Pages 22 ttirough 32 for evaluation criteria. ❑ Yes ❑ No ET"Not Applicable • Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages.32 through 34 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No EfNot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No E Not Applicable / RECEIVED DEC 24 'bF4 ZONING BOARD OF APPEALb Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See WRP Section III — Policies; Pages 47 through 56 for evaluation criteria. 171 Yes [:]No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No kdNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Towri of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No E Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Page 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable DEC 2 4 2014 ZONING BOARD OF APPEALS Created on 5125105 11:20 SIM , Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) I, Robert W. Dixon residing at 16 Tanglewood Lane, Sea Cliff, NY and Robert W. Dixon and Bonnie Thompson Dixon as Trustees of the Robert W. Dixon Rev. Trust, do hereby authorize my attorney, Patricia C. Moore, to act as our agent and apply for variance(s) on my behalf from the Southold Zoning Board of Appeals Robert W. Dixon, as Trustee r 11 Bonnie Thompson Dixon, as Trustee owner's signature ;3 ZONING BOARD OF APPEALS • PORK No. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. . Apptllcation ... ................................ Date ........ ..........- ljov.ember .. ..16......... 19.61. To...& .-,t-J)�-Rk1*.-M0r.P ...... . ............................ .............East... �`i�=ion . ..... ... ................................ ................... ..... . .... ... ........ ........ 11 ....... .. ........ I ........... PLEASE TAKE NOTICE that your application dated .............November ..... 16 ...... 19.61- f orPermit . . t t d vide & -seperate-lott the premises located at E/end ..(Jf--.SGU.th perrm o ..Use. ................................... Street East ol" Gardiners bay Estates Map ... XXXX ................ ... ......... Block ..........X3000.. . .......... ...... Lot ......... -4� ..... ............ ............ is returned herewith and disapproved on the following grounds ..jWUffji.C.j.en.t ... VGad ..... ..fr.ibntage.-and..needa...k7DPr.oza1 ... of..."Cesew ........... ................ .......... I ............... ............... ..... SOct-.303-t-1000A,..& -280A .................... ....... j ................. . ................................... ........................ .......................................... ..... ............... ..................... .... ...... ............................... ...... ... ... ............ ............... I jj��,l,,�� �r II .---- .................... Building Inspect ZONING BOARD OF APPEALS • • • _;�t`9 '�-A $/s TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION. OF BUILDING INSPECTOR. APPEAL NO.fa� DATENovember 16, 1961 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y .......................of Gardiners Bad Estates Name of Appellant Street and Number Ealit Marion N. Y. .. ......... ........ .............. HEREBY APPEAL TO ... ...... .. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. divide land DATED .November 16, 1961 ............................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Frank S. Thorp ........................................................................................ Name of Applicant for permit of Gardiners Bay Estates* East Marion, N.Y. ................................................................................................................................. Street and Number Municipality State ( } PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permission to divide lot with less than required frontage. 1. LOCATION OF THE PROPERTY private road east of Gardiners Bay Estates ........................................... Street Use District or)Zanin9 l�1ap Eatt Marion "A" Resi entia ................................................................................ Map No. Lot No. 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.) Adth�dlSectiSnSIgtionTb0 Law Article X, Section 1000A 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map IX) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 r 4. PREVIOUS APPEAL A previous appeal WX8 (has not) been made with respect to this h TED of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit DEC 2 4 2014 ( ) request for a variance ZONING BOARD OF APPEALS andwas made in Appeal No ................................. Dated.................................................................... REASON FOR APPEAL 1 X) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that this property is on private road. ' I wish to set off and sell approximately 70 feet on road, 72'h feet on the water, 206 feet on one side, 212 feet on the other. This lot would be similar to other lots developed in this seuth side of this private road. FOM TB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saly HARDSHIP because other propetties sold prior to 1957 have been deeded beach rights and access to the beach through part of the adjoining properties, therefore I could not give full use of the beach in front of the property to the purchasers. All lots sold on south side of South Lane are similar to the proposed lot I wish to sell now.. 0 2. Thq 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 it is unique in that it is an odd'shape lot that contains''iitore than the required frontage and is -the largest.parcel left for sale in this area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all other lots on this side of south Lane are of similar size and shape as the proposed lot next to property of Edwards. This is a residential district mostly Summer Homes and the proposed use is residential similar to all others.' �.tCENED 4 ZW ZONING+ BOARD OF APPEALS STATE OF NEW YORK ) O, COUNTY=OF )..ss :. ..... Signature .... Sworn to this................/.��....................... day of..............: ... , ....... 1941 ................ /1'206.rz/ ............... tary PubliC JUDIM Y. 60REN Notary Public, State of New York Fn. 52-0344963, Suffolk County SNC n Ls;on EnPlres March 34, 1343 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATEDecember 7, 1961 Appeal No. 424 Dated November 16, 1961 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Mr. Frank S. Thorp To Gardiners Bay Estates Appellant East Marion, New York 'A6 at a meeting of the Zoning Board of Appeals onThurs., November 30, 1961 the c{ g�1IVEC) was considered and the action indicated below was taken on your E (X) Request for variance due to lack of access to property OFC 2 4 2014 ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ZONING BOARD OF APPEALS 1. SPECIAL EXCEPTION. By resolution of the Board 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 8:15 P.M. (E.S.T.), upon application of Frank S. Thorp, Gardiners Bay Estates, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A, and Section 280A of the New York State Town Law, for permission to reduce frontage and recognition of access. Location of property: south side private road known as South Lane, east of Gardiners Bay Estates, East Marion, New York %T-ZjcaE owY, MLLu Wv Q%. ar]y va.&&ca a"&Lu Wi X. u. .aaavay• 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or un- necessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the some use district because SEE REVERSE (c) The variance (does) (does 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 previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. Af'RUVED ZONING BOARD OF APPEALS Pom ZE4C Ch ?f , Judith T. Boken Secretary (Contain ued from front) After investigation and inspection the Board of Appeals finds that this application to set off a lot 70 -ft. by approximately210 ft. conforms to nearly all other lots in this subdivision which adjoins a subdivision excepted from the standards set forth in the Ordinance. This lot is part of a parcel which was laid out to comply with the other water front lots adjoining and it would be an unnecessary hardship to require that two parcels be classed as one lot when all others in the immediate vicinity have been accepted as 70 ft. frontage or less. The area of this lot is approximately 14,839 sq. ft. There fore it was RESOLVED that Frank S. Thorp be granted permission to reduce frontage of his lot on the south side South Lane, East Marion, and recognition of access to this lot. RECEIVED +QFC. 2 4 2014 ZONING BOARD OF APPEALS �_ , P..v_. �`. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z7$0.0 ...... Date .. . ... Apr..... 5 ...... , 1947 THIS CERTIFIES that the building located at . South . La. A . Oak .St..... Street Map No. Gard • Bag .$dock No.......... Lot No... . . • East •ilar1on • .......... . conforms substantially to the Application for Building Permit heretofore filed in this office dated ... ....... . Apr.. 30 19.73. pursuant to which Building Permit No. .6 524Z . dated . ...... Aprll - 30 .., 1973.., 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-rivate •oue• famil-y -dwelling. witch addition ................... The certificate is issued to R.. Dixon (. D�orot#y Dixon on. Tax . Roll) • • • • • • • • • • ( owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N tR.... ........................... UNDERWRITERS CERTIFICATE No. .jjj 04656 • • ,rulY 25 • • 1973 • • • • • • • • • • • • • • • • • HOUSE NUMBER 485. .. . .. Street .. South. Lane .... E.. F-a,ri.on ............. Building Inspee r ZONING BOARD OF APPEALS 0 FOSM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTH'OLD, }d. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 6524 Z Date ................. APFR....... 3Q................ 1M.. Permission is hereby granted to: Jos , Dias . A/CRobert. Dixon ............. Greexp=t.............................................. r ............................................................................ to ...Build anadd Gn:1 d'4A���s.............................................................:, , .e�1 ................................................................................................................................................................ at premises located at .. �4t•.7»ktYi®►.....(�4d•• p�313&1*dr e6Q.................................................... .............................................deta...ma-rit?n ........NVYY w...................................................................... ................................................................................:.............................................................................. pursuant to application dated ...................... April ....... 3Q......... 19.E.3.., and approved by the Building Inspector. Fee 45..x. -bl- ......................... ..... I .. Building ..nspe..... d ............................ .1�e 3 i gECEIVED EIEC 2 4 2014 ZONING BOARD OF APPEALS ;Rn.'y BEACH 41 WAY of AM Tt- �, ,i3 SoaLo, N -Y. Ji ' RECEIVED V r •P '" OEC 2 4 2014 w n to 1 Di ZONING BOARD OF APPEALS Z h f w �. Q N i -- CouaT D i�♦ L. _..�.00UST � 4 � guSNMtO M►1 � 9�@ Coum'r Q 3" Neuwier 3 on on q a TNorfa MJ a v v f . .ZQpi ; m 16N ;In tll M k Q N i Scab : 100'= = UID ✓ E / Map drawn JNr+e 1G, ISGO. P r3 i; ��� I Otto W. Van Tuyl 1 5ori .cc"sed Laved Y au}oY5 Ylgl pa'et' Pksw 4brlt _ -- CouaT i�♦ Scab : 100'= = UID ✓ E / Map drawn JNr+e 1G, ISGO. P r3 i; ��� I Otto W. Van Tuyl 1 5ori .cc"sed Laved Y au}oY5 Ylgl pa'et' Pksw 4brlt _ r r ADVOCATES ABSTRACT, INC. Title No. ADV -9933-S SINGLE & SEPARATE SEARCH STATE OF NEW YORK) . ss.. COUNTY OF SUFFOLK) STEPHEN M. RICHARDSON, being duly sworn, deposes and says: Issuing policies of ESgtly rf title Insurance company ,k,? 3 RECEIVED OEC 242014 ZONING BOARD OF APPEALS That he is the President of Advocate's Abstract, Inc., an Agent of Stewart Title Insurance Company, and has had a search made, under his direction, of the records and/or files of the County Clerk and Registrar of the County of Suffolk for the purpose of an application for a variance affecting the following premises: TAX MAP DESIGNATION: District: 1000 Section: 038.00 Block: 06.00 Lot: 005.000 That such search includes a chain of title as to the premises and all of the adjoining lots since prior to 9/19/195 land such search shows, and he does certify that, according to the names listed herein as shown by the search of the public records, no contiguous property was owned by an owner of property involved since that date. That this affidavit is made to assist the TOWN OF SOUTHOLD to reach any determination which requires that said Board will rely upon the truth hereof. This Company's liability is limited to Twenty -Five Thousand and 00/100 ($25,000.00) Dollars for negligence only. No policy of insurance is to be issued hereunder. ADVOCATE'S ABSTRACT, INC., as Agent for Stewart Title Insurance Company BY: s�E' Stephen M. Richardson, President Sworn to before me this 17`x' day of October, 2014 KIWEN L ROMPI 80N W%WPUBLA8hft*fNWYfk 6302 Route 25A - Wading River, NY 11792 awmbdb 631-929-6686 - 631-929-3708 fax CO� SUBJECT PREMISES: 1000-038.00-06.00-005.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux. Frank S. Thorp Lois Johnson Thorp, ux. to William V. Howard Ruth W. Howard, ux. No Proof of Death for Ruth W. Howard in Suffolk County. William V. Howard to Dorothy H. Dixon No Proof of Death for Dorothy H. Dixon in Suffolk County Robert W. Dixon and Mary Elizabeth Silver as Devisees under the L/W/T of Dorothy H. Dixon to Robert W. Dixon (LAST DEED OF RECORD) Sworn to before me this 17th day of October, 2014. KAREN L. RK*UUK 8 W Page 2 of 6 NOTARY PUBLIC. Sb" of MW Yak Cwftd In $W* Conwr aion E X 15 • Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page: 407 (Premises and more) Dated: 09/19/1951 Rec'd: 09/22/1951 Liber: 3267 Page: 307 (Subject Premises) Dated: 08/25/1966 Rec'd: 01/13/1967 Liber: 6100 Page: 133 Dated: 08/13/1999 Rec'd: 08/23/1999 Liber: 11984 Page: 261 (Tax Lots 5 & 6) ADVOCATE'S ABSTRACT, INC. BY: STEPHEN M. RICHARDSON .-(0c?3/ gE.cEIVED of , 2,4Z014 ZONING BOARD OF APPEALS PREMISES ADJOINING NORTH OF SUBJECT PREMISES: 1000-038.00-06.00-006.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux Frank S. Thorp Lois Johnson Thorp, ux. to Edna G. Smith Ida W. Hurst, as Executrix of the Estate of Edna Grace Smith to Dorothy H. Dixon No Proof of Death for Dorothy H. Dixon in Suffolk County. Robert W. Dixon and Mary Elizabeth Silver, as Devisees under the L/W/T of Dorothy H. Dixon to Robert W. Dixon Sworn to before me this 17th day of October, 2014. K&REN L RK*UP SON NOTARY PUBM, Stab of Now York Qudkdin CA IN inion Fa6 — Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page: 407 (Premises and more) Dated: 09/19/1951 Rec'd: 09/22/1951 Liber: 3267 Page: 303 (Subject Premises) Dated: 09/15/1961 Rec'd: 09/19/1961 Liber: 5050 Page: 583 Dated: 08/13/1999 Rec'd: 08/23/1999 Liber: 11984 Page: 261 (Tax Lots 5 & 6) Continued.......... ADVOCATE'S ABSTRACT, INC. BY: -'*-��La2 STEPHElk M. RICHARDSON <e3 t RECEIVED Page 3 of 6 C' 2U14 ZONING BOARD OF APPEALS A Continuation 1000-038.00-06.00-006.000 Robert W. Dixon to Robert W. Dixon and Bonnie Thompson Dixon, as Trustees under the Trust Agreement dated November 21, 2007 The Robert W. Dixon Revocable Trust F/B/O Robert W. Dixon (LAST DEED OF RECORD) Sworn to before me this 17`h day of October, 2014. KAREN L. RICHARDSON NOTARY PUBLIC, State of New York CIR14837291 Oudlled in Suffolk "Winkm • Dated: 08/25/2008 Rec'd: 09/25/2008 Liber: 12566 Page: 250 ADVOCATE'S ABSTRACT, INC. BY: ba STEPH N M. RICHARDSON Page 4 of 6 kECEIVED nE1 2 4 2014 ZONING BOARD OF APPEALS PREMISES ADJOINING EAST (SOUTH LANE) AND SOUTH (WEST LANE) OF SUBJECT PREMISES: PRIVATE STREETS 1000-038.00-06.00-016.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux. Frank S. Thorp died on 08/13/1975. Frank S. Thorp, Jr., as Executor of the L/W/T of Lois Johnson Thorp to Old Orchard Homeowners' Association, Inc. John E. Jones and Evelyn M. Jones, ux. James O'Neill Edward Flannigan and Rachel Flannigan, ux. Edward A. Thorp, Virginia Thorp, Edward A. Thorp, as Custodian for Aaron D. Thorp, Edward A. Thorp, as Custodian for Rebecca S. Thorp, Edward A. Thorp, as Custodian for Benjamin L. Thorp as Joint Tenants with Right of Survivorship Daniel McMonigle and Genevieve A. McMonagle, ux. Frank S. Thorp, Jr. Edward A. Thorp Jonathan T. Meyer and Christine Meyer, ux. Josephine Ceppitelli to Old Orchard Homeowners' Association, Inc. (LAST DEED OF RECORD) Sworn to before me this 17th day of October, 2014. Page 5 of 6 KAREN L RICHARDSON NOTARY PUBLIC, State of Now Yolk 01R14837291 QwBlIn Suflol. k 111 fissionM Expires O l5 Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page: 407 (Premises and more) Dated: 09/18/1995 Rec'd: 02/23/1995 Liber: 11763 Page: 725 (Private Streets) Quitclaim Deed Dated: 08/01/1996 Rec'd: 11/27/1996 Liber: 11803 Page: 742 ADVOCATE'S ABSTRACT, INC. BY: -W STEP EN M. RICHARDSON 46 F31 E L 2 4 X014 AGNING BOARD OF APPEALS PREMISES ADJOINING WEST OF SUBJECT PREMISES: 1000-038.00-06.00-003.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux. Frank S. Thorp died on 08/13/1975. Lois Johnson Thorp to Daniel McMonagle Genevieve A. McMonigle (LAST DEED OF RECORD) Dated: October 17, 2014 Sworn to before me this 17th day of October, 2014. KAREN L. RICHARDSON NOTARY PUBLIC, State of New York 01R14837291 QMN%d in Suffolk unty COMmilsslon Expi2 (5 Page 6 of 6 Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page 407 (Premises and more) Dated: 02/28/1978 Rec'd: 05/13/1978 Liber: 8400 Page: 358 (Subject Premises) ADVOCATE'S ABSTRACT, INC. BY: &-c-7 STEPHEN M. RICHARDSON ,?3 ( W W ° PEA zLSS ADVOCATES ABSPRACT INC. Issuing policies of S't@W� title insurance company STATE OF NEW YORK) . ss.. COUNTY OF SUFFOLK) Title No. ADV -9934-S SINGLE & SEPARATE SEARCH STEPHEN M. RICHARDSON, being duly sworn, deposes and says: That he is the President of Advocate's Abstract, Inc., an Agent of Stewart Title Insurance Company, and has had a search made, under his direction, of the records and/or files of the County Clerk and Registrar of the County of Suffolk for the purpose of an application for a variance affecting the following premises: TAX MAP DESIGNATION: District: 1000 Section: 038.00 Block: 06.00 Lot: 006.000 That such search includes a chain of title as to the premises and all of the adjoining lots since prior to 9/19/1951 and such search shows, and he does certify that, according to the names listed herein as shown by the search of the public records, no contiguous property was owned by an owner of property involved since that date. That this affidavit is made to assist the TOWN OF SOUTHOLD to reach any determination which requires that said Board will rely upon the truth hereof. This Company's liability is limited to Twenty -Five Thousand and 00/100 ($25,000.00) Dollars for negligence only. No policy of insurance is to be issued hereunder. Sworn to before me this 17th day of October, 2014 ADVOCATE'S ABSTRACT, INC., as Agent for Stewart Title Insurance Company BY: Stephen M. Richardson, Preside,? 6302 Route 25A • Wading River, NY 11792 631-929-6686 • 631-929-3708 fax RECEIVED DEQ: 2 4 2014 ZONING HOARD OF APPEALS C� SUBJECT PREMISES: 1000-038.00-06.00-006.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux. Frank S. Thorp Lois Johnson Thorp, ux. to Edna G. Smith Ida W. Hurst, as Executrix of the Estate of Edna Grace Smith to Dorothy H. Dixon No Proof of Death for Dorothy H. Dixon in Suffolk County Robert W. Dixon and Mary Elizabeth Silver as Devisees under the L/W/T of Dorothy H. Dixon to Robert W. Dixon Robert W. Dixon to Robert W. Dixon and Bonnie Thompson Dixon, as Trustees under the Trust Agreement dated November 21, 2007, The Robert W. Dixon Revocable Trust FB/O Robert W. Dixon (LAST DEED OF RECORD) Sworn to before me this 17`" day of October, 2014. Page 2 of 7 0 Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page: 407 (Premises and more) Dated: 09/19/1951 Rec'd: 09/22/1951 Liber: 3267 Page: 303 (Subject Premises) Dated: 09/15/1961 Rec'd: 09/19/1961 Liber: 5050 Page: 583 Dated: 08/13/1999 Rec'd: 08/23/1999 Liber: 11984 Page: 261 (Tax Lots 5 & 6) Dated: 08/25/2008 Rec'd: 09/25/2008 Liber: 12566 Page: 250 ADVOCATE'S ABSTRACT, INC. BY: STEPAN M. RICHARDSON RECEIVED OEC 2 4 2014 ZONING BOARD OF APPEALS • E PREMISES ADJOINING EAST OF SUBJECT PREMISES (SOUTH LANE): Private Streets 1000-038.00-06.00-016.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux Frank S. Thorp died on 08/13/1975. Frank S. Thorp, Jr., as Executor of the L/W/T of Lois Johnson Thorp to Old Orchard Homeowners' Association, Inc. John E. Jones and Evelyn M. Jones, ux James O'Neill Edward Flannigan and Rachel Flannigan, ux Edward A. Thorp, Virginia Thorp, Edward A. Thorp, as Custodian for Aaron D. Thorp, Edward A. Thorp, as Custodian for Rebecca S. Thorp, Edward A. Thorp, as Custodian for Benjamin L. Thorp, as Joint Tenants with Right of Survivorship Daniel McMonagle and Genevieve A. McMonigle, ux Frank S. Thorp, Jr. Edward A. Thorp Jonathan T. Meyer and Christine Meyer, ux Josephine Ceppitelli to Old Orchard Homeowners' Association, Inc. (LAST DEED OF RECORD) Sworn to before me this 17th day of October, 2014. Page 3 of 7 Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page: 407 (Premises and more) Dated: 09/18/1995 Rec'd: 02/23/1995 Liber: 11763 Page: 725 (Private Streets) Quitclaim Deed Dated: 08/01/1996 Rec'd: 11/27/1996 Liber: 11803 Page: 742 ADVOCATE'S ABSTRACT, INC. BY -(Q. STEMEN M. RICHARDSON 6,T RECEIVED OLL 2 4 2014 ZONING BOARD OF APPEALS PREMISES ADJOINING SOUTH OF SUBJECT PREMISES: 1000-038.00-06.00-005.000 Mary Thieringer Dated: 12/19/1949 to Rec'd: 12/19/1949 Frank S. Thorp Liber: 3028 Page: 407 Lois Johnson Thorp, ux. (Premises and more) Frank S. Thorp Dated: 09/19/1951 Lois Johnson Thorp, ux. Rec'd: 09/22/1951 to Liber: 3267 Page: 307 William V. Howard (Subject Premises) Ruth W. Howard, ux. No Proof of Death for Ruth W. Howard in Suffolk County. William V. Howard Dated: 08/25/1966 to Rec'd: 01/13/1967 Dorothy H. Dixon Liber 6100 Page: 133 No Proof of Death for Dorothy H. Dixon in Suffolk County. Robert W. Dixon and Mary Elizabeth Silver Dated: 08/13/1999 as Devisees Under the L/W/T of Dorothy H. Dixon Rec'd: 08/23/1999 to Liber: 11984 Page: 261 Robert W. Dixon (Tax Lots 5 & 6) (LAST DEED OF RECORDP Sworn to before me this 17'' day of October, 2014. ADVOCATE'S ABSTRACT, INC. BY: <Z'cs) STEP EN M. RICHARDSON 10.G.�'�/ RECEIVED CIE. G 2 4 2014 Page 4 of 7 ZONING BOARD OF APPEALS PREMISES ADJOINING WEST OF SUBJECT PREMISES: 1000-038.00-06.00-003.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux. Frank S. Thorp died on 8/13/1975. Lois Johnson Thorp to Daniel McMonigle Genevieve A. McMonigle (LAST DEED OF RECORD) Sworn to before me this 17th day of October, 2014 C-G�-c� o' 7 Page 5 of 7 • Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page: 407 (Premises and more) Dated: 02/28/1978 Rec'd: 05/13/1978 Liber: 8400 Page: 358 ADVOCATE'S ABSTRACT, INC. STEPH N M. RICHARDSON ""'3/ RECEIVED DEC 2 4 2014 ZONING BOARD OF APPEALS PREMISES ADJOINING WEST OF SUBJECT PREMISES: 1000-031.00-15.00-012.000 Mary Thieringer to Frank S. Thorp Lois Johnson Thorp, ux. Frank S. Thorp Lois Johnson Thorp, ux. to Gabrielle Daly James O'Neill, Jr. Gabrielle Daly O'Neill nee Gabrielle Daly James O'Neill, Jr., husband and wife to James O'Neill, Jr. James O'Neill to Michael D.. Miggins Kathleen A. Miggins, ux. Michael D. Miggins Kathleen A. Miggins, ux. to John Keating • Dated: 12/19/1949 Rec'd: 12/19/1949 Liber: 3028 Page 407 (Premises and more) Dated: 12/30/1968 Rec'd: 04/07/1969 Liber: 6530 Page: 342 (Subject Premises) Dated: 03/27/1991 Ree' d: 04/01/1991 Liber: 11240 Page: 474 Dated: 07/14/1999 Rec'd: 07/19/1999 Liber: 11976 Page: 634 Dated: 03/23/2010 Rec'd: 04/26/2010 Liber: 12623 Page: 57 Correction Deed Michael D. Miggins Dated: 02/06/2012 Kathleen A. Miggins Rec'd: 02/23/2012 to Liber: 12685 Page: 675 John Keating (LAST DEED OF RECORD) Sworn to before me this 17' day of October, 2014 ale Page • of ADVOCATE'S ABSTRACT, INC. BY: STEP M. RICHARDSON -0-&VC113 i RECEIVED DEC 2 4 2014 ZONING BOARD OF APPEALS i PREMISES ADJOINING NORTH OF SUBJECT PREMISES: 1000-031.00-015.00-013.000 • Mary Thieringer Dated: 12/19/1949 to Rec'd: 12/19/1949 Frank S. Thorp Liber: 3028 Page: 407 Lois Johnson Thorp, ux. (Premises and more) Frank S. Thorp Dated: 10/15/1957 Lois Johnson Thorp, ux. Rec'd: 10/17/1957 to Liber: 4378 Page: 402 M. Gabrielle Daly (Subject Premises) M. Gabrielle Daly Dated: 09/07/1971 n/k/a M. Gabrielle O'Neill Rec'd: 09/07/1971 to Liber: 7000 Page: 278 James O'Neill M. Gabrielle O'Neill, ux. James O'Neill Dated: 12/11/1978 M. Gabrielle O'Neill, ux. Rec'd: 12/29/1978 to Liber: 8560 Page: 509 M. Gabrielle O'Neill No Proof of Death for M. Gabrielle O'Neill in Suffolk County. James O'Neill, as Beneficiary of the Estate of Dated: 07/14/1999 M. Gabrielle O'Neill Rec'd: 07/19/1999 to Liber: 11976 Page: 633 Michael D. Miggins and Kathleen A. Miggins, ux. Michael D. Miggins and Kathleen A. Miggins Dated: 08/15/12 to Rec'd: 10/05/2012 Anthony J. Saltalamacchia and Elizabeth Steinbugler Liber: 12707 Page: 513 Dated: October 17, 2014 Sworn to before me this 17th day of October, 2014 ' c , 111 .lliq'. ADVOCATE'S ABSTRACT, INC. BY: STEP EN M. RICHARDSON RECEIVED OH 2 4 2014 ZONING BOARD OF APPEALS 285-8tmutorf Form A. 0 JUJUS eL BERG, 1r , Www 0-1..... warranty naafi with Full C.Yenents, IndMd..I. 71 eaowowwr wNG t pecroR er., Hew YORK �~ i it cPC1 % PAGEc3 1 0,16 b Sin Made the / day of September, nineteen hundred and fifty -ons, Ct�U�E11 Frank S. Thorp and Lois Johnson Thorp, his vife, residing at 120 Rockaway Avenue, Rockville Centre, Nassau County, New York, and Willi Wellington parties -of the first part, V. Howard and Ruth -W. Howard, his wife, residing at 429 P ad, Mineola, Nassau County, New York, DSC � 4 201 ZONING parjeS of the .second part, �ka>re a that rhe parties of the first part, inconsideration of one ( 1) I DoJJarX lawful money of the United States, and other considerations paid by the pariLeS of the second part do hereb,k grant and release unto the part ieS of the second part, as tenants by the en- tirety, thfol survivor of them, his or her distributees and assigns forever, i thatjplot of land situate at East Marion, Town of Southold, County of—Surralk, jState of New York, described as follows: bEGINNING at a point on the northwesterly line of South Lane distant one huridredi'sevent seven feet and eight hundred seventy-five one-thousan.ths of a foot `(:(77.875} -southwesterly from the concrete monument at ;the inter. section of $aid line with the southwesterly line of East Lane, and runnin thence.nortliwesterly parallel with East Lane one hundred (1001 feet; then , -e southwesterly parallel with South Lane ninety-two feet and eight hundred seventy-five one -thousandths of a foot (92.875) to the'northeasterly line of West Lane;, thence southeasterly along West Lane ninety-five (95) feet to'a monument; thence easterly six (6) feet more or less (along the in- tersection of West. and South Lanes) to a monument and the northwesterly line of South Lane; thence northeasterly along, South Lane eighty-seven i feet and eight hundred seventy-five one th ousAW the of a foot (87.575) to the point of beginning. I 9 Together, with an easement to pass and re -pass over South Lane, East Lane, West Lane and North Lane out over Sylvan Drive and Old Orchard Lane, to the main road for the purpose of access to said premises from said hig�= way and together with.the right. to use the beach along Gardiner's tray as hereinafter described for bathing and similar purposes -with an easement for a right of way -over the path leading from South Lane to said beach.,- such each.,such use to be subject to such reasonaole restrictions as may be imposed j by the parties of the first part and to be in common with other persons to whom similar rights may be granted by the parties of the first part, the parties of the second part hereby covenanting and agreeing to pay to the parties of the first part the sum of ten ($10) dollars per year for the use of such beach, this to be paid to the parties of the first part in advance on the first day of January in each and every year beginning January 1, 1952. It is understood and agreed that the parties of the se- cond part are not to recsive_ Zig titlf,_,to the land in said beach or any rights or title to the waters and the land under waters adjoining said bech other than the use as set forth above, the parties of the second part to use the said beach and waters entirely at their own risk and they / i �i 9' OF j AMWd N.T.L7.t1. two Y01 YIN tlbA alft .M1rw MMM INMM 8I6001 Ana1WNMw1 M (i,PgtlM. i0M1Ylr tOYa eaM/Yfa Nroae IIe1N t atetN{IMNNf tMN INSIONeNt e►touee ee e11e er Geer .0 j TUN 1141DINnXIJ16 evade tM /3 day at &Jost �, alnatm, hundrol and /11'he}y nim ,I RrrW><arf Robert W. Dixon, residtng at 16 TsnlileWood Lane, Sea Cliff, Now York 11579 and Mary ttlisabeth Silver, residing at 176 Valley Road, Can Cob, CT 06807 as devisees ,II under the Last Will and Testament :19 Dorothy it. Dixon i{ PM 011611 Ant pact, and Robert W. Dixon, residing at 16 Tanglewood Lane, Baa Cliff, New York 11579 i RECEIVED i 2 4 2014 party of the wood part, ZONIBOARD OF APPEALS WtTNitial<M that the party of the Ant parr, la amWKatlon of ton and 00/100 (p10.00) dollars, lawful many of the United State, and othl►r lawful eonoideration PAW by the party of the Second part, does herby Cram and tele w unto the party of the second part, the heirs or sueeeson and ASSlgne of the party of the second lart forever, AU that grain plot, pteee or parcel of tend, .nth the buildlnp and Improvements thereon erected, situate, lyi e�d Gree haat Marlon, 'Town of Southold, count), of Sullolk, Stoic of Now York, bounded and described its follows; . BEGINNING at a p<►Int on via northwesterly line of South Lane distant when measured along said line 92.873 foot southwest -shy from the stone monument at the Intersection of said line V with the southwesterly tine of Cast Lano; I ( and running thence southwomerly along the northwesterly Iino of South lane 83 foot; thence northwesterly 1361`51191 with Southwestorly lino of Cast Lane 100 foot; thence northeasterly parallel with South Lane 83 foot; thence southeasterly again parallel with East Lana 100 foot to the point of beginning. TOGETHER with an easement to pass and repass over South Lone. West Lane and North Lane out over Sylvan Drive and Old On:hard Lana to the main road for the purpose of access to avid premises from sold highway. BEING AND INTrNDHD TO Fit the Santa promises convoyed to Dorothy H. Dixon by Ida W. Hunt by decd dated September I Sth. 1961 and recorded in the Suffolk County. Clark's ofte on September 19, 1961 in 1.1bor $030 of page 385, and being the same promises of which Edna Grace Smith died seized and possoued, 303. Subject to convonants and rositimlona in said dead recorded in Liber 3267 of dead% at page Together with all beach rights and right of access thereto and all other rights to use some as described and sot forth In said last mentioned dead. Said Bouch and right of access theroto being more panlculorly described in sold dood. Parcel 2 B NN1NG at a Point on the northwesterly line of South Lane distant one hundred seventyseven foot and eight hundred soventyflva nne•thoussndths of o foot (177.873) southwesterly from the concrete munument at the Intersectlou of said line with the southwesterly line of But Lane; and running thence noriltwastoriy parallel with Cast Lane one hundred (100) feat; thence southwesterly parallel with South Lane ninety-two roe and eight hundred seventy -live one -thousandths of a foot (92,875) to the northeasterly line of Wast Lano; thence southeasterly along Wen lana ninety-five (95) foot to a monument; thence oasturly six (6) foot more or less (along ilia intersection of west and South lanes) to a monument and the northwesterly line of South Lane; thonce northeasterly along South Lane eighty-seven foot and ol)tht hundred seventy-five one -thousandths of a foot (87,875) to the point of beginning. TOGETHER with an onsoment to post and re -pass over South Lane. nest Lane, West Long and North Lone out over Sylvun Drive and Old Orchard Lane to the main road I'or the purposo of access to said premises from said highway and together with the right to use the beach along t7ardinor's Buy as hereinufter described for bathing and Anlior purposes with an cosment for a right of way over the path leading from South rano to said beach, such use to he subject to the restrictions contained In the deed from frank S. 'Thorp and Lola Johnson Thorp, his wife, to William V. Howard (pony or (he first pan) and Ruth W. Howard, his wife, dated the 19th day of September, 1951, and recorded In the otllee of the Clark of the County of Suifbtk In Libor 3267, Page 307 of Deeds on September 22, 1931. The beach of which the use Is granted to the party of the second pan and the right of way loading thomto is described as follows; IMMINNINO at a concrete monumrnt at a point of ilio southeasterly line of South Lane which is distant when measured along said lino sixty-moven foot and thirty-four one -hundredths of a foot (67.34) northeasterly of the northeasterly lino of land conveyed by the nforomontioned Drank S. Thorp and lois Johnson Thorp, his wife. In prior deed to !:lora 11, Oornannt; and running thence south thirty-one degrees one minute thirty seconds cast (S, 31.1' 30" R,) one hundred seventy -maven feat and sixty-atght uno-hundradths of a foot (177,68) along other land of the sold f=rank S. 'Thorp and lois Johnson Thorp, is wife, to a e3ncrete monument; thence southwesterly a straight lino along other land or tho said Frank 5. 'Thorp ata! Loin Johnson'1'itorp, his wife, sixty-sovon (67) feet more or loss to the point on the nonhoastorl) lino of said land sold to Oornannt which point is distant ono hundred seventy-eight foot and ninety-r'our ona-hundrodths of a foot (178,94) southeasterly of South Lone when measured along Ocmanni's land; thence mouth thirty-uno dogmas one minute thirty seconds east (S. 310 I' 30" R) along; said land sold to flora ('s, Oomanni sixty-seven feet and seventy-one one -hundredths of a Awt (67.71) to the ordinary high water mark of Gardiner's flay; thence northeasterly along said ordinary high water mark one hundred Ilily fact and eighty-two one. hundredths of a foot (150,82) more or less to the point of its intersection with a lino drawn on the course south thirty -ono degrees one minute thirty seconds east (S, 31" I' 30" 1s.) from a concrete monument on the southerly side of Muth Lana distant savonty-coven feet and seventy-11vo one. hundredths of a foot (77,75) northeasterly from ilia point of beginning; running thence north thirty one dogroes one minute thirty socondi wort (N, 310 V 30" W,) fifty-six real and elghtymovan one. hundredths of n root (56.87) more or Irss to a concrete monument; thence southwesterly a straight line seventy (701 coat mora or loss along tither. land or Drank S, Thorp and Lois Johnson 'Thorp, his wire, to a concrete monument: thence north'thirty-ono dogmas one minute thirty seconds west (N, 31.1' 30" W,) along other lands of Frank S. 'Thorp and Lols Johnson 'Thorp, his wife, one hundred saventy-nino foot and thinyscven one•hundtadths ora rooi (179,37) too nionumont on the southerly side of South Lone. and thence south forty two degrees forty-six minutos'thirty seconds west (S, 426 46' 30" W,) along South Lane ton foot and forty -ono one -hundredths of a toot (10.41) to the point or beginning. BUING the same promisor convoyed by William V. Howard to Dorothy H. Dixon, by deed dated August 25, 1966, and recorded Ir tate office or the County Clerk of 8urfolk County on January 13. 1967 In Libor 6100, Page 136 of i}rods, S1111J1:C'r to building and zoning ordinances and regulations, If any, or tho Town or Country In which the premises are situate, ani covenants. restrictions and agreements contained in prior deeds of record. . RECEIVED ZONING BOARD OF APPEALS , 15;;VA&M • CONSULT YOUR LAIM:FORF. SIGNING TIIIS INSTRUAfENT-TII1S INSTRUMENTMIWE USED BY LAWYERS ONLY Nominal THIS INDENTURE, made th4r6y of August, Two Thousand Eight Consideration BETWEEN ROBERT W. DIXON, residing at 16 Tanglewood Lane, Sea Cliff, New York, party of the first part, and ROBERT W. DIXON and BONNIE THOMPSON DIXON, as Trustees under Trust Agreement dated November 21, 2007, the Robert W. Dixon Revocable Trust, f/b/o Robert W. Dixon, 16 Tanglewood Lane, Sea Cliff, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in East Marion, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly line of South Lane distant when measured along said line 92.875 feet southwesterly from the stone monument at the intersection of said line with the southwesterly! ine of East Lane; and running thence southwesterly along the northwesterly line of South Lane 85 feet; thence northwesterly parallel with Southwesterly line of East Lane 100 feet; thence northeasterly parallel with South Lane 85 feet; thence southeasterly again parallel with East Lane 100 feet to the point of beginning. TOGETHER with an easement to pass and re-pass over South Lane, West Lane and North Lane out over Sylvan Drive and Old Orchard Lane to the main road for the purpose of access to said premises from said highway. Subject to covenants and restrictions in deed recorded in Liber 3267 of deeds at page 303. Together with all beach rights and right of access thereto and all other rights to use same as described and set forth in said last mentioned deed. Said beach and right of access thereto being more particularly described in said deed. TAX MAP BEING AND INTENDED TO BE Parcel (1) of the premises described in the conveyance to Robert DESIGNATION W Dixon by Robert W. Dixon and Mary Elizabeth Silver by deed dated August 13,1999 and recorded Dist. in.the Suffolk County Clerk's office on August 23, 1999 in Liber 11984 at page 261. Sec. 38 SUBJECT TO building and zoning ordinances and regulations, if any, of the Town or County in which Blk. 6 the premises are situate, and covenants, restrictions, reservations, casements, consents, and agreements contained in prior deeds and agreements of record. Lot(s): 6 SAID PREMISES being known as 545 South Lane, East Marion, New York, and designated as Section 38, Block 6, Lot 6 on the Land and Tax Map of Suffolk County (Suffolk County Tax Map Number 473889 38.-6-6). TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to the land lying in the street in front of and adjoining said premises, and 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 patty of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part 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 J./ �p� / first to the payment of the cost of the improvement before using any part of the total of the same for any othe purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requ1'1ftCErV1F17 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: . lv-loe�.�—/(`[/ ARD OF APPEALS Obert W. Dixon M STATE OF N JW YORK, COUNTY OF NASSAU ss: On the ay of August, in the year Two Thousand Eight, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT W. DIXON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the persons upon behalfofwhich the individual acted, executed the instrument. RICHARD MQEL NOTARY PUBUC&LENSWO Of NNow Yak No. ON1898M C.anl►Nssbn E►Io. May 91, IO jgargain anli gate ,'Deeb WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. ROBERT W. DIXON TO ROBERT W. DIXON and BONNIE THOMPSON DIXON, as Trustees under Trust Agreement dated November 21, 2007, the Robert W. Dixon Revocable Trust, f/b/o Robert W. Dixon M STATE OF NEW YORK, COUNTY OF NASSAU ss: On the da of in the year Two Thousand , before me, the undersigned a Notary Public in and for said State, personably appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, that by her signature on the instrument the individual, or the person upon behalf of which the individual acted, executedpthhe instrument. SECTION 38 BLOCK 6 LOTS 6 COUNTY OR TOWN SOUTHOLD TAX BILLING ADDRESS Robert W. Dixon 16 Tanglewood Lane Sea Cliff, New York 11579 RECORD AND RETURN BY MAIL TO: Richard Allen Siegel, Esq. 62 Sea Cliff Avenue Sea Cliff, New York 11579 &e3 / REC1=1NfPr, DEC 2 4 ;.,;4 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET'55 VILLAGE DIST. SUB. LOT FORME WN N cor f .. t Vii°'. ACR. -baa S W TYPE OF BUILDING RES. SEAS. VL. j FARM _ COMM. CB. MICS. Mkt. Value ND IMP. TOTAL DATE REMARKS' 0 �t, �,101-31111 v .I e'D:VMO. G 80P111D OF BUILDING CONDITION . AGE NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value FRONTAGE ON WATER Tillable — --� — Woodland I FRONTAGE'ON ROAD Meadowland i DEPTH House Plot BULKHEAD Total DOCK TOWN, OF SOUTHOLD RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT N mc MOH t,cck -,gko E Nei ACREAGE S W TYPE OF BUILDING RES. t SEAS. VL. FARM comm. I IND. I CB. I misc. LAND IMP. TOTAL' DATE REMARKS 066. 1613117P- L4 6 b L4 6 00 -111,3 1 L-7 -4 60 7 0 -iJ71,g 8')13Jq9-L llqkte 261 ;AQ Lon: $1XQt7d20-e-&) 0 J? z 0 0 0 /0.7ieA 1, /7 J 000—g 92 �14 0 9 1341R.ING PON fl 1l oBOVE —W)RMA6 'o —/'*/ o OW % -6-0 Farm Acre Value Per Acre Value Tillable I TVile 2 Tillable, 3 '1IL - 9; Wcodland Ul Swampland Brushland *41— %-- -- House Plot Total 11"J"Ll �. C� ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 31, 2014 RE: Zoning Appeal No. 6831 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Transmitted herewith is Zoning Appeals No. 6831 for Robert W. Dixon -The Waiver to Unmerge Property Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Lot Waiver Questionaire, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Board of Zoning Appeals Application Authorization for Patricia C. Moore from Robert W. Dixon and Bonnie Thompson Dixon, Notice of Disapproval Dated December 15, 2014, Notice of Disapproval Dated Novemeber 16, 1961, Appeal from Decision of Building Inspector for Appeal No. 424 Dated November 16, 1961, Action of the Zoning Board of Appeals for Appeal No. 424 Dated November 16, 1961, Certificate of Occupancy for No. Z7600 Dated April 5, 1977, Building Permit No. 6524Z Dated April 30, 1973, Map of Private Roads, Beach and Right of Way at East Marion, A 6 Page Title Search from Advocate's Abstract Inc. for Title No. ADV -9933-S, A 7 Page Title Search from Advocate's Abstract Inc. for Title No. ADV -9934-S, A Copy of the Deed Between Frank S. Thorp and Lois Johnson Thorp and William V. Howard and Ruth W. Howard Dated September 19, 1951 5 Pages in Length, 2 Pages of the Town of Southold Property Record Card for Tax Map No. 1000-38.-6-5, Survey of Property Showing Land Dated November 13, 2014, Survey of Property Showing Land and Residence Dated November 13, 2014. YAY.TOTH ~.ORDER OF r ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/30/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP -6831 Dixon, Robert W. 3801 $750.00 RECEIVED F, 3 0 2014 Southold Town Clerk ROBERT W. DIXON 3801 TANGLEWOOD LANE ,I SEA CUFF, NY 11579 to , 21 20 V4 50.1133/214 _._ A I ..T THE FIRS�NA4 BANK OF LONG ISLAND N HEAD, NY 11545 ell FOR --- --------------- --i - -- - -------- -------------- - ----- Date: 12/30/14 Quantity 1 Notes: Payment Type CK #3801 0 Transactions ZBA Application Fees Name: Dixon, Robert & Bonnie 545 South Lane East Marion, NY 11939 ***RECEIPT*** Amount Paid By $750.00 Dixon, Robert & Bonnie 0 Receipt#: 179948 Reference Subtotal 6831 $750.00 Total Paid: $750.00 Clerk ID: SABRINA Intemal ID: 6831 OLD ORCHARD HOMEOWNERS ASSOCIATION, IN D` -(CX 9 " -_ D Constitution and By -Laws wEB 5 2615 � ARTICLE I. Name BY-� !2 --__ The name of this organization is the Old Orchard Homeowners Association, Inc. For the purpose of brevity all references herein to the Old Orchard Homeowners Association, Inc. are referred to as the "Association." ARTICLE II. General Purpose Section 1. The purpose or purposes for which this corporation was formed are as follows: To operate as a homeowners association for the preservation and maintenance of the roads, the right of way and beachfront to be owned by the Association in the area known as Old Orchard, East Marion, N. Y. Section 2. To do any act or thing incidental to or connected with the foregoing purposes or in the advancement thereof, but not for pecuniary profit or financial gain of its members. ARTICLE III. Membership Section 1. Membership shall be open to property owners in the area known as Old Orchard, East Marion, N. Y. bounded on the west by the easterly side of Sylvan Drive, on the north by Marion Lake, on the east by the easterly property line of land formerly owned by Edwards and on the south by Gardiners Bay, as more fully shown on a survey of Roderick Van Tuyl dated February 13, 1950, last revised September 19, 1966. Section 2. One or more contiguous lots under one or joint ownership shall entitle the owner or owners to membership in the Association providing the owner or owners agree to be bound by these By -Laws and any rules and regulations adopted by the Association and pay the assessments. Section 3. An owner of more than one nonconti uous property in Old Orchard must take a membership for each property owne and pay an assessment for each property. Section 4. Each membership shall be entitled to a vote for each property owned by the member at the general membership meetings. Section 5. Any membership may be represented by the owner or owners' designee who may, with the written consent of the owner' or owners a) cast a vote at any general membership meeting of the Association and b) serve as a Director, Officer, or Committee Member. OLD ORCHARD HOMEOWNERS ASSOCIATION, INC.��I Constitution and By -Laws Page 2 ARTICLE IV. Assessments Section 1. Assessments will be determined by a majority vote of the Board of Directors based on the budget adopted at the annual General Membership meeting. Section 2. The regular annual assessment shall be due and payable on January 15th of each year. Section 3. It shall be the duty of the Board of Directors to prepare a proposed budget for the ensuing year and make copies available to all voting members of the Association at least 10 days before the annual meeting. The budget shall be accepted or amended by a majority of the members attending the meeting. Section 4. In the event of an emergency which exhausts the budget limit, the Board of Directors may request an additional assessment. Section 5. After 1994, owners of the seven beachfront lots shall not be assessed for the taxes and maintenance of the common beach. Section 6. Owners of the seven beachfront properties may not vote on any matters concerning the common beach. Article V. Meetings of Miembers Section 1. The annual meeting of all members of the Association shall be held at a place chosen by the Board of Directors. The regular date of the meeting shall be the third Saturday in July of each year. The agenda will be set by the President with the aid and advice of the Board of Directors. Section 2. Notice of the time and place of the annual meeting shall be mailed by the Secretary to each voting member or representative at his or her last recorded address at least 10 days before the date of the meeting. Section 3. Special meetings of all members of the Association may be called by the President upon the written request of 7 members to consider a specific subject or subjects. The members shall be notified in the same manner as for an annual meeting except that the notice must state the purpose of the special meeting. Section 4. The President shall preside at all meetings of members of the Association. In the absence of the President, the other officers shall preside in the following order: Vice President, Secretary, Treasurer. Section 5. Every voting member may vote by proxy. The proxy shall be in writing. 'Phe proxy shall terminate at any time chosen by the one who executed it but must be renewed after 10 weeks from the date it was issued. Section 6. A majority of the voting members of the Association, represented in person or by proxy, shall constitute ARTICLE V. • OLD ORCHARD HOMEOWNERS ASSOCIATION, INC Constitution and By -Laws Page 3 Meetings of Members Section 6. (continued) a quorum at any meeting of members of the Association for the transaction of business. ARTICLE VI. Board of Directors Section 1. The control and management of the business, property, affairs and funds of the Association shall be vested in a Board of Directors comprised of 7 members, each having one vote. Section 2. The Directors shall be elected at the annual meeting of members for a term of one year. The Directors shall upon election immediately enter upon the performance of their duties and shall continue in office until their successors shall have been duly elected. Section 3. A Director may resign at any time by submitting a written resignation to the President, the Secretary or the Board of Directors. Any vacancy that occurs may be filled by a majority vote of the remaining Directors at any meeting. A Director so elected shall hold office until the end of the term of the Director replaced. Section 4. Directors shall receive no compensation for their services. Section 5. The first meeting of the Board of Directors shall be held immediately following the annual meeting of members of the Association. Officers shall be elected by a majority vote at this meeting and shall serve for a term of one year. Section 6. Meetings of the Board of Directors may be called by the President whenever deemed necessary, but at least once in the spring and once in the fall. The Secretary shall, at the request of 4 members of the Board, call for a meeting of the Board of Directors. A majority of its members shall constitute a quorum at any meeting of the Board of Directors. Section 7. Decisions of the Board of Directors shall be made by a majority vote of those present at any meeting. Section 8. At the second meeting of the Board of Directors after the annual General Meeting the Secretary shall present to the Board for approval the minutes of the General Meeting. As soon as possible after approval the Secretary shall mail to every voting member of the Association a copy of the minutes of the annual General Meeting. OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. Constitution and By -Laws Page 4 ARTICLE VII. Procedure Section 1. Meetings shall be conducted pursuant to Roberts Rules of Order, as revised, and shall govern the Association in all cases to which they are applicable. Section 2. The President shall appoint a Nominating Committee each year, consisting of three members. The Nominating Committee shall report to the Secretary not later than 15 days prior to the annual meeting its recommendations for membership on the Board of Directors. Other candidates may be nominated as Director by any member at the annual General Meeting. ARTICLE VIII. Officers Section 1. The officers of the Association shall be a President, a Vice President, a Secretary and a Treasurer. Section 2. The officers will be elected by the Board of Directors at their first meeting following immediately after the annual General Meeting, and will serve for a term of one year. Section 3. Officers will receive no compensation for their services. Section 4. All officers shall continue in office until their successors are elected or appointed. In case any office shall become vacant, the Board of Directors may elect a successor who wlll hold office for the remainder of the term of one yea Section 5. The President shall preside at all General Meetings and Board of Directors meetings. Section 6. The President shall be the chief executive officer of the Association and shall with the Secretary or Treasurer sign all written contracts and other instruments usually requiring the corporate seal. Section 7. In the event of the absence or disability of the President, the Vice President shall have and exercise all the powers and duties of the President. Section 8. The Secretary shall have the following duties: a. To give notice of all General Membership meetings and of the Board of Directors. b. To keep minutes of all meetings. C. To be the keeper of the corporate seal. d. To sign with the President all written contracts and other instruments requiring the corporate seal. OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. Constitution and By -Laws Page 5 ARTCLE VIII. Officers (continued) Section 9. The Treasurer shall have the following duties: a. To collect assessments and deposit them to the credit of the Association in such bank as the Board of Directors may designate. b. To pay all bills and charges which are authorized by the President and/or the Board of Directors. C. To keep full and accurate accounts of all monies received and paid. Section 10. The Treasurer's records shall be available for inspection at reasonable times upon request of the Board. The Treasurer's accounts shall be audited at least once each fiscal year by a committee of three voting members appointed by the President. Section 11. Checks or withdrawal slips drawn on or against the funds of the Association shall be signed by the President and the Treasurer. In an emergency situation the signature of either the Vice President or the Secretary may be substituted for that of the President or the Treasurer. Section 12. The Board of Directors may authorize the expenditure of any amount within the limits imposed by the budget which was passed at the annual General Membership meeting. The President may without Board approval authorize the expenditure of not more than $200. within budget limits. Section 13. No bond shall be required to those persons duly authorized to receive and disburse funds of the Association. Section 14., Each present, former and future Director and Officer of the Association made or threatened to be made a party to an action or proceeding other than one by or in the right of the Association to procure a judgement in its favor, whether civil or criminal, by reason of the fact that he/she, his/her testator or intestate was a Director or Officer of the Association (whether or not he/she continues to be a Director or Officer at the time of incurring such cost or expense) shall be indemnified by the Association against all judgments, fines, amounts paid in settlement and reasonable expenses thereof, including attorneys' fees actually and necessarily incurred by him/her as a result of such action or proceeding, or any appeal therein, if such Director or Officer acted, in good faith, for a purpose which he/she reasonably believed to be in the best interests of the Association, and, in criminal actions or proceedings, in addition, had no reasonable cause to believe that his/her conduct was unlawful, provided, however, that in the event of a settlement of such action, suit, or proceeding 0 0 lQ3 OLD ORCHARD HOMEOWNERS ASSOCIATION, INC Constitution and By -Laws Page 6 ARTICLE VIII. Officers Section 14. (continued) the costs or expense incurred by or imposed upon such Director or Officer may and shall be borne as determined in such settlement. The Association shall pay in behalf of such Director or Officer expenses incurred in defending a civil or criminal action or proceeding in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of such Officer or Director to repay such amount as, and to the extent, required by paragraph (a) of section 725 of the not- for-profit corporation law of New York. It is the intention of the Directors and Officers to the fullest possible extent permitted by New York law and this Section 14 shall not be construed in any way as a limitation upon indemnification as permitted by New York Law at present or as it may be amended in the future. The foregoing right of indemnification shall inure to the benefit of the heirs, executors and administrators of any such Director or Officer. ARTICLE IX. Standing Committees Section 1. A Real Estate Committee shall be established to approve all applications for new buildings, additions or alterations to existing buildings, and all manner of other structures with the purpose of maintaining the character and appearance of the community. The Chairman/woman or Vice Chairman/woman shall have the authority to give written approval and execute necessary legal instruments in accordance with the provisions of the deed and covenants and restrictions from Frank S. Thorp and/or Lois Johnson Thorp to the current landowners and/or their predecessors in title. Section 2. A Maintenance Committee shall be established to assure the proper maintenance of the roads within the Old Orchard area including snow removal, and the safe operation of all vehicles and to recommend to the Board of Directors work for bulkheads or jetties or other structures used in connection with the beach. Section 3. The Board of Directors shall authorize the establishment of such other Standing Commmittees or temporary committees as shall be deemed necessary. Section 4. The President shall be authorized to appoint members and fill vacancies in all committees with the approval of the Board. ARTICLE X. Fiscal Year Section 1. The fiscal year of the Association shall be 1 0 0 4031 OLD ORCHARD HOMEOWNERS ASSOCIATION, INC. Constitution and By -Laws Page 7 ARTICLE X. Fiscal Year Section 1. from January 1 through December 31. ARTICLE XI. Amendments Section 1. These By -Laws may be amended at any General Meeting of the Association by a vote of two-thirds of the voting members present in person or by proxy, provided that written notice of each proposed amendment shall have been given to the voting members y the Secretary at least 10 days before the meeting. Approved by the Board of Directors on December 18, 1993. • 0 '� (6s -3'1 ' revisions to the OOHA By -Laws and Constitution Articles I., II. III. -Remain the same Article IV. Sections 1 and 2 are the same Section 3- It shall be the duty of the Treasurer to prepare a proposed budget for the ensuing year and make copies available to all voting members of the Association by or on the day of the annual meeting. The budget shall be accepted or amended by a majority of the members attending the meeting. Section 4. In the event of an emergency which exhausts the budget limit, the Board of Directors may use the reserve funds. Sections 5 and 6 are eliminated Article V. - Meetings of the Members Section 1. The annual meeting of all members of the Association shall be held at a place chosen by the Board of Directors. The target date of the meeting shall be the third Saturday in July of each year. The agenda will be set by the Presidents, with the aid and advice of the Board of Directors. Section 2. Notice of the time and place of the annual meeting shall be communicated via mail, phone, e-mail, or personal communication by the Secretary to each voting member or representative at his or her last recorded address at least 10 days before the date of the meeting. Section 3. The President upon the request of 5 members to consider a specific subject or subjects may call special meetings of all members of the Association. The members shall be notified in the same manner as for an annual meeting, except the Aotice must state the purpose of the special meeting. Sections 4, 5, and 6- remain the same Article VI. Board of Directors Section 1. The control and management of the business, property, affairs, and funds of the Association shall be vested in the Board of directors. The Board is comprised of the President, Vice -President, • Secretary, and Treasurer plus three community members. Each member shall have one vote. Section 2. The three community members to serve on the Board of Directors shall serve for one year and be elected or re-elected at the annual meeting. Section 3- A director may resign at any time by submitting a written resignation to the President of Secretary. Any vacancy that occurs may be filled by a majority vote of the remaining directors at any meeting. Section 4.- Directors shall receive no compensation for their services, Direct expenditures on the part of the Association shall be fully reimbursed with the submission of bills for said expenses. Section 5. - Officers shall be elected at the annual meeting. The Board of Directors shall meet as called by the President. Section 6 is eliminated. Section7- remains the same Section 8. - Any member may request of the secretary a copy of the minutes of the annual meeting. Article VII. Procedure Section 1. - Remains the same Section 2. The officers will be elected at the annual meeting of the association and will serve for one year. Sections 3 and 4 remain the same. Section 5. - The President shall preside at all General Meetings and Board of Directors' meetings. Section 6.- The President shall hold the corporate seal. The President, along with the Secretary or Treasurer shall sign all written contracts and other instruments usually requiring the corporate seal • Section 7- needs more definition Section 8- The Secretary shall have the following duties: a. To give notice of all General Membership meetings and Board of Directors' meetings. b. To keep minutes of all meetings. c. To sign with the President all written contracts and other instruments requiring the corporate seal Section 9. -The treasurer shall have the following duties: a. To collect assessments and deposit them to the credit of the Association in such bank as the Board of Directors may designate. b. To pay all bills and charges which are authorized by the President and/or the Board of Directors. d. To keep full and accurate accounts of all monies received- and eceivedand paid. e. To prepare and present an annual budget Section 10- review the wording Section 11- remains the same Section 12- The Board of directors may authorize the expenditure of any amount within the limits imposed by the budget, which was approved at the annual General membership meeting. The President may, without board approval, authorize the expenditure of not more that $5,000 (five thousand) --- within budget limits. C % ~-� 116 l O l �`" " C` X0-7-�y Start at Section 13 at next meeting. u To: Southold Town Zoning Board of Appeals From: Patricia C. Moore Esq. Re: Waiver of Merger SCTM#1000-38-6-5 & 6 Appeal # 6831 F Eli ZONING BOARD Of, Ar:)LALS Additional information and reasons for granting Waiver of Merger: Dorothy Dixon acquired title of the two lots (house) and (Lot) at separate times and by separate deeds, from separate owners, in 1961 and 1966. • The lots were created by deed by Thorp. The Thorp family owned and subdivided many parcels around Marion Lake. The subject lots were held in common in 1983, and unintentionally merged. The separate owners have throughout the years receive separate Real Property tax bills. In your file are copies of the 2014-2015 tax bills. When Dorothy Dixon died both lots were devised to Robert and his sister (by inheritance) and they conveyed the parcels in 1999 together in one deed as parcel 1 and parcel 2. The merger occurred with Dorothy Dixon ... then with Robert Dixon .... now the lots are split again: Robert Dixon owns the lot and the Robert W. Dixon and Bonnie Thompson Dixon, as Trustees under the Trust Agreement dated November 21, 2007 of the Robert W. Dixon Revocable Trust owns the house. The merger occurred unintentionally in 1983, and the merged parcels have remained in the Dixon family to date. The house parcel is located on South Lane and the vacant lot is located on South Lane and East Lane. The Dixon parcels are comparable in both lot size and dimensions as the surrounding parcels. Waterfront Lots 38-6-9 and 11 received area variances in 1961 applying the more stringent "unnecessary hardship" standard. Notably in that decision the Board found that "after investigation and inspection the proposed set-off of the merged lots conforms to nearly all other lots in this subdivision which adjoins a subdivision excepted from the standards set forth in the ordinance". This fact has not changed in 50 years. Previously provided is a copy of the Suffolk County Tax Map. From the assessor's records of vacant lots in Gardener's Bay Estates are highlighted in yellow. In the immediate area of the subject merged parcel only one lot, which is the largest lot in the area (1 acre), remains vacant. Given the size of the lots in the area, this one acre parcel is out of character for the area. Attached as Exhibit A is an enlarged portion of the Suffolk County Tax Map highlighted in yellow are the properties which have received variances. Additional Information: I. THE ADJACENT PARCEL RECEIVED A WAIVER OF MERGER IN 2009 A "Waiver of Merger" application was filed for the adjacent Miggins parcels #6285 in 2009 (SCTM#1000-31-15-12 & 13) The two lots are nearly identical to the application of the Dixon's and adjacent to the Dixon parcel. The one Miggins parcel is a corner lot and the adjacent parcel faces East Avenue. Similarly, the Dixon parcel is a corner lot with the house facing South Lane. Both the Miggins and Dixon parcels were developed by Thorp and purchased from Thorp. Both Dixon and Miggins were parcels acquired by the applicant's parents in the 1960's, transferred to applicants by inheritance, and remained in the family until the waiver of merger was discovered. (Exhibit B- Miggins Waiver of Merger) We received a copy of the objection sent by Liz Steinbgler (SCTM#1000-31-15-13) who purchased their property in 2012 from Miggins after the parcel received the waiver of merger. Her parcel is the identical size of the Dixon parcel and is on the corner of South Lane and East Lane. Her "deep concerns" about a new house being built on the Dixon corner is misplaced. Her parcel is on the opposite corner, yet she had no reservations about the traffic when she purchased the house from Higgins. This community was developed in the 1960's, the 30' roads were laid out on a map drawn on June 16, 1960 by Otto VanTuyl which Thorp used to develop the community. (Exhibit C) These roads are clear and passable, even after a blizzard. The Dixon parcels appear on the Thorp maps. The roads were developed anticipating the development of the Dixon lot. II. THORP'S ADJACENT LOT APPROVED FOR SET-OFF AND VARIANCES The parcel to the north of the Dixon vacant lot received permission to be set-off from the adjacent parcel (SCTM#1000-38-6-3). Appeal #2223 dated December 2, 1976 granted the set- off with a lot containing insufficient width and area under the "practical difficulty or unnecessary hardship" standard. The waiver of merger standards are much less stringent but depend on ownership during the merger to be with family. The Dixons have owned the parcels since the 60's. III. THE NUMBER OF VACANT LOTS REMAINING In the Miggins Waiver application I prepared an itemized list of parcels which are described as either vacant or improved. In 2012 there were 31 out of 36 lots with homes (improved) and only 5 vacant lots. (Exhibit D) Dixon & Miggin's parcels were identified as vacant. This community is substantially developed, the waiver of merger will correct an unintentional merger by the Dixon family. IV. OBJECTIONS NOT RELEVANT Mr. John Jones opposes the waiver which appear to be based on personal animosity, irrelevant issues and incorrect information. The vacant lot is wooded and the house was built independent of the lot and meeting the side yard setbacks from the lot. Mr. Dixon has suffered medical issues which prevented he and his wife from using the house during the summer. The family which rented the house this past summer is in contract to purchase the house. A new young family which fell in love with the area was a good outcome of the seasonal rental. They are awaiting the results of the waiver of merger because they are purchasing only the house. The homeowners association dues and assessments billed to Dixon have always been promptly paid. The conclusion that the association dues were for one merged parcel is incorrect. The association charges dues and assessments to the "improved property ...... not for vacant lots. V. NUMEROUS VARIANCES HAVE BEEN ISSUES IN THE NEIGHBORHOOD Contrary to Mr. Jones' claims, the neighborhood has been the beneficiary of many variances. Thorp received numerous variances in the 1970's after the up -zoning left him unable to subdivide his "planned" parcels. The zoning of the neighborhood is R-40, however, the entire neighborhood is made up of undersized lots, specifically Lot #3 -the set-off previously mentioned (Appeal#2223) and Lot #7 Appeal #424. The other nine (9) waterfront lots (SCTM#1000-38-6-7 through 15) have homes built with an average setback of 40' to the bulkhead. Variances were granted to the following parcels: Tax Lot #7 (Bengola #6283); Tax Lot#9 (Minnigan) #2282 6/2/77;Tax Lot#11(Zimmerman)#4600 9/24/98 and 5391 9/25/03;and Tax Lot #14 (Flannigan) #6687;. This community is almost completely developed with nonconforming lots and homes with nonconforming setbacks. The Dixon parcel predates many of the current owners, who purchased their properties knowing (or they should have known) that the Dixon parcels appear as separate tax map parcels on the County Tax map books. The Dixons were very surprised when I advised them that we should confirm that the vacant lot had not merged with the house before the house was sold. VI: NO ADVERSE IMPACT ON PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD The vacant parcel is wooded but not subject to any environmental conditions. This parcel will be improved with an appropriately sized single family dwelling comparable to the surrounding neighborhood. Robert Dixon, as owner of Lot 5, and the Trustees of the Robert W. Dixon Revocable Trust, as owners of Lot 6, respectfully request that the waiver of merger be granted. Exhibit A [1000] - TOWN OF WUTHOLD / 03800 /,1 Current version yc�1' rs � r4i 200 (1� 3► �5.►2 4l3) c tAa if' c;:3gl 9/5/03 cn m m U) m n z O w N Exhibit B Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197112 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING HELD AUGUST 18, 2009 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 E EIV D G272009 Southold Town Clerl ZBA FILE # 6285 - MICHAEL and KATHLEEN MIGGINS, Applicants PROPERTY LOCATION: 200 East Lane (and adjacent land known as 555 South Lane), East Marion CTM 1000-31-1C— 1,3 + 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. LWRP EXEMPT: This. application is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property, CTM 31-15-12, is a 13,987 square foot lot, located at 200 East Lane that merged with an adjacent 8,902 square foot lot, CTM 31-15-13, located at 555 South Lane. Lot 13 measures 93.16 along South Lane on the south, 99.51 feet along the western boundary, 93.16 feet along the northern boundary, and 99.51 feet along East Lane on the east. The lot is improved with a single family house, as shown on a survey by John Metzger, L.S., dated January 29, 2009. Lot 12 is a 13,987 square foot unimproved lot measuring 100.00 feet along Green Hill Lane to the east, 217.20 feet along the southern boundary, 100.37 feet'along the western boundary, and 208.60 feet along the northern boundary. BASIS OF APPLICATION: The application is a request for a waiver of merger to unmerge two properties, based on the Building Inspector's February 23, 2009 Notice of Disapproval, citing Zoning Code Section 280-10(A). ADDITIONAL FACTS: Lots 12 and 13 and other lands were acquired by Frank and Lois Thorp on December 19, 1949. Vacant parcel number 12 was created by a recorded deed in 1968 and qualifies for lot recognition under §280-9(1). A variance by the ZBA was granted for Lot 13 on September 13,1957. Granting that 1957 variance qualifies as recognition by the ZBA of Lot 13 under §280.9(4) of the Zoning Code. Lot 13 was transferred by Frank and Lois Thorp to Gabrielle Daly on October 17, 1957, and a Certificate of Occupancy dated 9122/1970 was issued for a new house on Lot 13. The lots merged in 1983 when both were owned by Gabrielle Daly O'Neill. The lot is not exempt from the merger provision under Section 280-10 (C) (2), Lot 12, the portion to be unmerged in the present application, is vacant. Page 2 -August 18, 2009 4&?3 ZBA # 8265 - MICHAEL and i(ATHLEEN MIGGINS CTM 1000-31-1 r -1t4-17 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 25, 2009, at which time written and oral evidence were presented. These lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family. The Zoning Board finds that, pursuant to Resolution No. 2008-950 adopted by the Southold Town Board on October 21, 2008, amending the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, the waiver is granted. 1. The lot proposed to be recognized was not transferred to an unrelated person since the time of the merger. Ownership of the two lots passed to the grandfather of the present co-owner through inheritance by death, thus exempting the properties from the merger law. 2. Balancing the factors set forth in §280-11(2) weighs in favor of the applicant as follows: a. The lot to be recognized is 13,987 square feet, and is larger or of comparable in size to the majority of improved lots in the neighborhood. Examples of comparable lots include, but are not limited to, lots 38-6-1, 38- 6-3, 31-15-11.31-15-13. b. The lot to be dnmerged is vacant. It has historically been treated and maintained as a separate and independent residential lot, having belonged to James O'Neill and/or Gabrielle Daly O'Neill continuously from 1957 until its transfer in 1999 to their grandson Michael Miggins and his wife Kathleen Miggins. c. The waiver of merger and recognition of a second lot will not create an adverse impact on the physical or environmental conditions in the neighborhood. There are no wetlands and no reported environmental constraints. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Town Code §280-11(2), a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the application for waiver of merger concerning CTM Lot 12, as applied for. Vote of the Board: Ayes: Members Goehri r (Chairman), Imon, W ' n, and Sc neider. This Resolution was duly adopted (4-0). I _% P. GOEHRINGER, CHAi�IAN 8/2,s12009 for Filing /' j w a� �/ofi N/O/F JOHN E JONES & WIFE i omlr POLE Iw I$ o � a m I tO ao I i CERTIFIED TO. MICHAEL D. MIGGINS KATHLEEN A. MIGGINS LmjTY POLE • =PIPE ANY ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA7701V i - OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CER77FlCA77ONS HEREON ARE VAUD FOR THIS MES THEREOF ONLY IF SAND MAP OR COPIES BEAR /OF OF THE SURVEYOR WHOSE SIONA7URE APPEA TAF �O Ir .NIS. LIC. NO. 49618 r P. C. (631) 765-1797 P. 1230 STREET AREA -13,987 SQ. FT. SOUTHOLD, N.Y. 11971 09-101 SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-31-15-12 SCAI.& 1'--20' JANUARY 29, 2009 FINAL MAP REVIEWED BY ZB SEE. DECISION # DATED l� IN ' `MAR S T4- Cj Df" W r.U�' ��`�py'p 1PRIVATE R p1 04 W r. 1. r (ov 0 =PIPE ANY ALTERAWN OR ADD177ON TO THIS SURVEY IS A VIULATION lA4q/e"z OF SE1077ON 7209OF THE NEW YORK S rA 7r mucA i7oN LA w EXCVPT AS PER SEC77ON 7209-SUBMWSM I ALL CER71FICA ONS 91ft, R 9 2009 1 SAID MAP OR COMES SEAR THE IMPRESSED SEAL OF THE suRvryoR WOSLE SIGNATURE APPEARS HEREON wilc KAVto A. s/o/F 97- 875 . 0 Old' OF sk W owe 2Z2 Asr 314, OUMOCR Fr aiv 3D.0' 24.Jr �� 0 860 1 Tz- Q (PC FE asws 4z-- lw L 301 fjoAD) LAO / ipo%,fikTE SOUTI, 1. r (ov 0 =PIPE ANY ALTERAWN OR ADD177ON TO THIS SURVEY IS A VIULATION lA4q/e"z OF SE1077ON 7209OF THE NEW YORK S rA 7r mucA i7oN LA w EXCVPT AS PER SEC77ON 7209-SUBMWSM I ALL CER71FICA ONS 91ft, HEREON ARE VAD FOR MS MAP AND COPIES THEREOF ONLY F SAID MAP OR COMES SEAR THE IMPRESSED SEAL OF THE suRvryoR WOSLE SIGNATURE APPEARS HEREON SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-3-f-15-13 MAL& IWO' JANUARY 29, 2009 (FINAL MAP REMEWED BY Za SEE DECISION #.Wj� DATED,L /jj I jolo CERTIFIED TO: MICHAEL D. U!GGINS KATHLEEN A. MICGINS AREA -8,902 80. FT. N/Y.S. LIC. NO. 49618 ;RS C FAX P ST I SC P. 765-1797 Z P. 0. 1230 TRAVELER TREET SOUTHOLD, N. Y 1 S1971 F09-102 vff- 04 0 W Exhibit C q OLO 'OlC►►ARb �..Itl�t .? 45 4G AT 40 41 so !1 in PC r �w • h1.�v �t 5ec*%O.1 Tw.=--GeAv.ii/,cr* Mai_ E5t4t49l rj 54.Stiritk Cul..•. 4 {t:J Mul N� :?'T5 4a• 414a 414 b'b S4 55 Bl.• 5" sovt 10 tv OP S _i : �... tiI .L . ..-_.._•_"W k. $ T LANG. _-_. -_ a ` 40 } �OIf- 1 K! Q ! P. 141 •1. _ • c •n �'•- ,s - � is � �`y •~.' r* � ` •«� S = LMCO r 0 Y T bw Sas 1 .y ao Exhibit D Dixon Waiver of Merger- Neighboring Properties improved: Tax Map #1000-31-15-1,3,4.1,5,6,7,8,9,10,11,13 - vacant lots: Tax Map #1000-31-15-2, 12 (Miggins-waiver of merger approved #6285 2009) improved: Tax Map #1000-31-16-2.2,2.3,2.4,3.1,3.2,4,5,9 vacant lots: Tax Map #1000-31-16-6 improved: Tax Map #1000-38-6-1,2,3,6,7,8,9,11,12,13,14,15 vacant lots: Tax Map #1000-38-6-4,5 (Dixon parcel) Total improved: 31 improved Total vacant: 5 vacant Total: 36 parcels vt- PicridToth, From: pcmoore@ mooreattys.com Sent: Monday, February 02, 2015 1:05 PM To: Toth, Vicki Cc: Betsy Perkins; Bonnie Dixon Subject: response to neighbor's objections Attachments: response to neighbor opposition- Dixon Letter.pdf Dear Vicki: Robert Dixon asks that I forward to the Board this letter to respond to the email correspondence you received from Ms. Steinbugler and Mr. Jones. Please forward his letter to the Board and please make it part of the file. Thank you. Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com •ROBERT W. DIXON 16 TANGLEWOOD LANE SEA CLIFF, NY 11579 X83 � February 2, 2015 Zoning Board of Appeals Town of Southold Re: Waiver of Merger Robert Dixon #6831 SCTM: 1000-38-6-5-51 This letter is in response to the two letters (Steinbugler & Jones) written In opposition to my request for a Waiver of Merger. In 2008 while completing some updating to my personal estate planning I placed my house and its lot in a revocable trust leaving the lot in question in my name. These changes are registered with the Town of Southold without adverse reaction and have remained under that ownership. I receive two separate tax bills from the Town of Southold. The two parcels were purchased from separate sellers at separate times by my father in my mother's name and I received the lots in question at her death. The family only paid one Old Orchard Homeowners Association (MOA) fee as fees only apply to improved residential lots, not to vacant lots. One of the objector's letters states that we declined to pay the HOA fees for the two lots. We never declined to pay for the vacant lot since we were never billed for the vacant lot. There is a question of my under paying for the bulkhead. Not only did I not under pay, but I made an extra payment for the feasibility study for the type of structure the association was to use. Jones complains about storing boats on my property, which was done only in winter when they were not in the water. When you drive through the community it is a rare property that does not have a boat wintering over including, I believe, Jones' at one time. I spoke to the enforcement officer at the time who said that as long as they were not there in the summer it was fine with him. My boats have not been stored on the property in many years, so I'm not sure why Jones has brought this up. I don't believe that what most of the community did with their leaves years ago has any connection with today's reality since we have had the leaves removed professionally for a long time. Jones concludes by saying that splitting off the vacant lot would cause great harm both physically and financially to nameless members of the HOA. Most of these Old Orchard lots have houses on them and they have had an amazing increase in valuation over the years. When a house is built on the lot, it will, no doubt, look like all the other lots in the community with houses on them. If we follow Jones' reasoning - he did terrible damage to the community by building his house l Turning to the Steinbugler letter: Steinbugler's neighbor has deep concerns if a house is built on the corner. I wonder if she realizes that her house which is on a corner is in the mirrored position of my vacant lot on West and South Lanes. Steinbugler says that she would not like to see another house being built in the association. Isn't that I ��31 nice, now that she is in, let's close the gates and keep everyone else out. The property in question is a legal building lot under Southold regulations. There are no added safety concerns as there is a minimal amount of traffic on West Lane. Steinbugler's property exists in its present configuration as a result of a similar Waiver of Merger with Miggins. These two properties were merged by the Town of Southold without notification. At this time I would like the two parcels unmerged and restored as separate entities as they were at the time of purchase. Thank you for your consideration, A Robert W. Dixon Toth, Vicki From:~ John Jones <jjonesem@optimum.net> Sent: Thursday, January 29, 2015 12:48 PM To: Toth, Vicki Subject: Waiver of Merger Robert Dixon #6831 Waiver of Merger Robert Dixon #6831 SCTM: 1000-38-6-5-5I O/VjhGeoq RQ 0A/9pp NS I feel strongly that the Dixon property should remain as one parcel and their request for a division should be denied. I am currently out of town and will not be able to attend the hearing. Robert Dixon has treated this property as one parcel for many years. In recent years this property has been used as a source of income. They have been renting the property for the entire summer season. The house is unoccupied the rest of the year. The Dixon family has never paid the Old Orchard Homeowner Association fee for the property they now want to divide. They have paid only one fee for the two properties. Robert Dixon declined to pay the Homeowners Association fee for two properties for the Capital Expense of replacing the Homeowners Association bulkhead. He did pay for one property. Robert Dixon used this property for many years for the storage of boats. Two large boats were used in Nassau County waters during the summer and then transported to East Marion for winter storage. The Southold Town Code Enforcement Officer reported that one of these boats was not even registered in the name of Dixon. Robert Dixon continued to store these two large boats on this property in defiance of the request by the Southold Town Code Enforcement Officer to discontinue this illegal practice. The Dixon family has used this property to store building materials, small boats and trailers. The lot the house now sits on is one of the smallest lots in the community. Setbacks are minimal. The lot that would result from a division would be significantly smaller than any other lot in our community. In my opinion the division of the Dixon property would have a detrimental effect on our community. Other properties in our community were required to adhere to Southold Town Code requirements. One property in our community (about 9/10 acre) was limited under %2 acre zoning to building one home. Another property (about 1 9/10 acre) was limited to one home by the newer 1 acre zoning requirement. It seems clear to me that through the ears (30 or more) the Dixon Family endo ed having the lot and treating g Y it like an extension of their property. Over the years they even removed the fallen leaves from their lot and dumped them in a nearby vacant lot. In my opinion it would be unfair to all the property owners (24 or so) of this community if the Dixon property is divided. The consequence of such a division would cause great harm both physically and financially to the members of the Old Orchard Homeowners Association. Thank you for your consideration. Sincerely, John E. Jones �q3\ RECEIVED JAN 2 8 ZOO ZONING BOARD OF APPEALS amo1WV6 � I Toth, Vicki From: Sent: To: 0 n Liz Steinbugler<liz@claremontconsultingllc.com> Wednesday, January 28, 2015 3:18 PM Toth, Vicki Subject: Robert W. Dixon #6831 - Zoning Board of Appeals Hearing Feb. 5, 2015 Re: Robert Dixon #6831 RECEIVED Property: 555 & 545 South Lane JAN 2 8 2015 SCTM: 1000-38-6-5 & 6 ZONING BOARD OF APPEALS Dear Zoning Board - I recently received notice of the request for a Waiver of Merger, to unmerge land identified as SUM #1000-38-6-5. 1 understand that some of the items you consider in your deliberations include whether "The lot proposed to be recognized is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation; and [whether] The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district." The lot in question is part of the Old Orchard Homeowners Association and, according to the President of the Association (Edward Flannigan), the two lots have been viewed as one property by the Association — including being assessed only one annual association fee of $400, the amount assessed per lot. Regarding whether the possible development of this lot would create an adverse impact, I'm sure everyone would rather look at trees than another house. But, in addition to the aesthetics, some neighbors comments include: "I have some deep concern about a house being built on the corner, a potentially problematic location due to the close proximity a house would have on both West and South lanes. Traffic can be an issue on this corner, not the amount but the speed of cars.... The road on West Lane is not the full 30 feet.... the effects of another house on a small lot could cause problems for the community." AND "My thoughts on this matter are I also would not like to see another house being built in the association. This means more wear and tear on our dirt roads, dust, and safety concerns due to speeding as well as overcrowding on the beach." Since I will not be able to attend the hearing, I appreciate that you will accept written statements. Thanks very much. Liz Steinbugler 555 South Lane East Marion, NY P.S. The actual legal notice I received notes the address of the two lots in question as 555 and 545 South Lane. Just for clarification, I would like to note that the lot with a house on it has historically been identified as 545 South Lane and the numbers go down as you head west. So the empty lot, if given a number, should have an address that is something less than 545. (My house is 555 South Lane.) BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net 0 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, FEBRUARY 5, 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, FEBRUARY 5, 2015: 10:00 A.M. - ROBERT W. DIXON #6831 - This is a request for a Waiver of Merger under Article Il, Section 280-10A, to unmerge land identified as SCTM #1000-38-6-5, based on the Building Inspector's December 15, 2014 Notice of Disapproval, which states a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-38.-6-6, located at: 555 & 545 South Lane(corner West Lane) East Marion, NY. SCTM#'s1000-38-6-5&6 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.TothO-Town.Southold.ny.us Dated: January 12, 2015 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------------------------X �� 3 In the Matter of the Application of AFFIDAVIT DIXON OF #6831 MAILING (Name of Applicant) CTM Parcel # 1000-38-6-5 & 6 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 20th day of January, 2015, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this day of (Notary Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16, A> I� • •. .. _ ." P yi..;.. tL ... _ #tom COMPLETE THIS SECTIONKa ■ Complete items 1, 2, and 3. Also complete'.. item..4 if Restricted Delivery Is desired. I Q ■ Pik your name and address on the reverse X - O so that we can return the card toou. Y Received by (Printed Na►rrs) C. Dab of ■ Attach this card to the back of the mailpiece, or on the front if space permits. Item 1? 1. Article Addressed to: im- {� e m' v" acv Cv 'L D. Is delivery address dl(lererrt from If YES, enter delivery addressb 13 NO ec�*n — L 3. Service Type �a 57 j kCerUW Mar 0 Priority MrA Eup eW 0 Reglemred 0 Return ReasipctarM ❑ Insured Mail a Collect on 4. Restricted DeiKW (Ekft Fee) Y Article Num khW G fes' ndkb Fcxm 8811, July 2013 T MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 �I XSignature: - f�ld*4ssq'e q/OAgenq 3. Received By: (Please Print Clearly) C. Date of Delivery II ID. Addressee's Address a bMenntFmmaddnws ueede) fro V0000 41`37 a DonwWo Return Receipt , 4. Restricted Delivery? 3 Service Type Jl U_ (Extra Fee) []yes CER77F/90.... Z Article Number a 7104 2438 6090 QQGG 404 I� Non 7104 2438 8090 0000 436 1. Article Addressed To: ANTHONY SALTALAMACCHIA ELIZABETH STEINBUGLER 176 CLAREMONT AVE• w;j VERONA NJ 07044 .................................................................... City Steta ZIP + 4 Code 0 0 DIXON 4OS31 MAILING LIST ZBA # 6831 DANIEL & GENEVIEVE MCMONIGLE JONATHAN & CHRISTINE MEYER PO BOX 591 75 GAYNOR AVE. EAST MARION NY 11939 MANHASSET NY 11030 SCTM: 1000-38-6-3 ✓ SCTM: 1000-38-6-13 ED & RACHEL FLANNIGAN OLD ORCHARD HOMEOWNERS ASSOC. 22 VAN WYCK LA 25 ASPEN LANE LLOYD HARBOR NY 11 X43 NEW HYDE PARK NY 1 040 SCTM: 1000-38-64 SCTM: 1000-38-6-10 ✓� SCTM: 1000-38-6-16 ELLEN ZIMMERMAN 110 W. 87"H STREET JOHN KEATING NEW YORK NY 10024 % 78 ARIZONA AVE. SCTM: 1000-38-6-11 j/ LONG BEACH NY 11561 / SCTM: 1000-31-15-12 t/ PETER & MARISA PATINELLA 45 PEALE ROAD MANHASSET NY 11030 SCTM: 1000-38-6-12 ANTHONY SALTALAMACCHIA ELIZABETH STEINBUGLER 176 CLAREMONT AVE. VERONA NJ 07044 SCTM: 1000-31-15-13 i. MOORE LAW OTrICE 5102IN ROAD SOUT NY 119?1 A. or ❑ Agent) ■. Recei By: (Please Print Cle (E.6ee) ❑ Yes CERTIFIED ( C. Date of Delivery N >> 4 D. Addressee'sAddre fwmAddm.U. �=° Jp,N30 2415 _ . ............................ Secondary Address % Su r.---...................... d-'r� t. /Floor (Please , Delivery Address ............................................ ...... ..J... --.......A City State ZIP +> MOORE LAW OFFT'E 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3. Service Type (E.6ee) ❑ Yes CERTIFIED ( t 2. Article Number I 7104 2438 8090 0000 4301 i All 11111111� I IIIIIIIIIIIII 111111111111 '7104 2438 8090 0000 4301 1. Article Addressed To: ED & RACHEL FLANNIGAN I' 22 VAN WYCK LA -,<,YD HARBOR NY 11743 t D3. J 4. Restricted Delivery? 3. Service Type (Extra Fee) 0 Yes CERTIFIED 2. Article Number 7104 2438 8090 0000 4332 r ❑Agent) IIIIII II [ Iilllllll I IIIIIIIIII IIIIIIIII I III f Clearly) 7104 2438 8090 0000 4332 C. Date of Delivery % r, 1. Article:Addressed To: 1 D. Addressee's Address(n0, MFromad ,ways aey' d�r`.}r°r•N & CHRISTINE MEYER i N i 75.a6AYNOR AVE. I MANHASSET NY 11030 §econdary Address �% Suite % qpi;,�( Eloor (Plea��Piinf�CleaHyj Delivery Address .......................................... J...----•----•--------------_-...---------- ..-. . City State ........... ZIP+ 4 Code #, P LAW OFFICE 4. Restricted Delivery? &.Service Type 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) nYes CERTIFIED 1 2. Article Number 7104 2438 8090 0000 4417 A. Signet e: ( ddressee r X �' IIIIIIIII IIIIIIIIIII I IIIII IIII IIIIIIII 8 ^iceived By. (P/ease tint early) 11 � a 04 2438 8090`0000 4417 C. We of Delivery 1 ,I d D. Addressee's Address (I/o/l/ernt Adeesuw.eeo.c. w.w -611f; ------------------------------- ity .......................... State ZIP + 4 Code rtll!W'lddressed To: .ARLES SLAMA REV- TRUST 45 PRINCE'S PINE ROAD C NORWALK CT 06850 e RECEIPT RECEIPT 7104 2438 8090 0000 4325 RECEIPT REOT 7104 2438 8090 0000 4310 7104 2438 8090 0000 4363 7104 2438 8090 0000 4370 7104 2438 8090 0000 4301 FROM: FROM: FROM: FROM: FROM: Moore Law Office Moore Law Office Moore Law Office Moore Law Office RE: RE: RE: RE: SEND TO: SEND TO: SEND TO: SEND TO;PETER ELLEN ZIMMERR & MARISA PATINELLA DANIEL & GENEVIEVE MCMONI( ED & RACHEL ANNIGAN W. 87TH STREET EE 45 PEALE ROAD MANHASSET NY 11030 PO BOX 591 EAST MARION NY 11939 22 VAN VJYCK LLA LLOYD HARBOR NY 11743 NNEW YORK NY 10024 E FEES: FEES: FEES: Postage 0.48 FEES:0.48 Postage 0.48 Postage Certified Fee 3.30 Postage 0.48 Certified Fee 3.30 2.70 ed Fee 3.30 Certified Retum Recut 2.70 Certified Fee 3.30 Retum Receipt 2.70 Receipt 2.70 Restricted Return Receipt Restricted Y �. Restricted' _ i r Restricted - ____ . 11 $ 8.48 �'d TOTAL i— 76.48 TOTAL $ 6.48 TOTAL, { 1 $ 6.48 ✓/^— TOTAL. J POSTMARK OR ATE POSTMARK OR DA i E pOS'i!�1ARK�0DA"i POSTMARK *�ATE� POSTMARK OR DATE POSTMARK OR DATE A - e RECEIPT RECEIPT RECEIPT RECEIPT 7104 2438 8090 0000 4356 7104 2438 8090 0000 4363 7104 2438 8090 0000 4332 7104 2438 8090 0000 4349 FROM: FROM: FROM: FROM: Moore Law Office Moore Law Office RE: Moore Law Office Moore Law Office RE: RE: RE: SEND TO: SEND TO: SEND TO: & CHRISTINE MEYEFOLD SEND TO: ORCHARD HOMEOWNERS JOHN KEATING 78 ARIZONA AVE. ANTHONY SALTALAMACCHIA ELIZABETH STEINBUGLER AVE. JONATHAN 75 GAYNOR AVE. 25 ASPEN LANE LONG BEACH NY 11561 176 CLAREMONT NJ 07044 MANHASSET NY 11030VERONA NEW HYDE PARK NY 11040 FEES: FEES: FEES: 048 FEES: 0.48 Postage 0.48 Ceni ied Fee 3.30 Postage. 0.48 Certified Fee 3.30 Postage Certified Fee 3.30 Postage 3.30 Fee Return Receipt 2.70 Return Receipt 2.70 Restricted Return Receipt 2 70 Reetturnurn Receipt 2.70 R Restricted Restrict RestricV y TOTAL $ 6.48 TOTAL 1,$6.48 TOTAk' - y,$6.48 TOTAL 16.48 POSTMARK ORATE POSTMKRK OR DATE POSTMARK OR DATE POSTMARK OR DATE A - e 1 MOORS LAW OF (E 51020 MAIN 9 SOUTHOLD NY 971 I'COMPLETE THIS SECTION ON DELI „(}� I A. Signature: (0 Addressee or ❑Agent) {�� x S. Received By: (Please Print Clearly) C. Date of Delivery Addressee's Address (1/D1drontFromAddreaa Ue.dbySend.r) 4. Restricted Delivery? 3. Service Type (Extra Fee) [0s CERTIFIED 2. Article Number 7104 2438 8090 0000 4370 1111111111111111111111111111111111111111 ,.o4.4,..o.o000043,0 1. Article Addressed To: DANIEL & GENEVIEVE MCMONIGLE PO BOX 591 EAST MARION NY 11939 ............................................... •.................... Delivery Address ......ity ........................................ C ..... ............................ State ZIP + 4 Code 1 MOORS' LAW OFFICE 4. Restricted Delivery? 3. service Type I' 51020 MAIN ROAD (Extra Fee) E3,Yes CERTIFIED I SOUTHOLD NY 11971 2. Article Number 7104 2438 8090 0000 4349 I ' , . .. IIIlillllll I A. Signature: (❑Addressee or ❑ nt) IIIIIIIIII ' � IIIII I IIIII illlllll 8. eceiv d By: (Pleas"rrint Clearly) (. '-;:1,Q)+ 2438 8090 0000 4349 i C ` I C. Date of elivery :�.,I 1. Article-- Addressed To: �OLT- PiRC:'H'ICRD HOMEOWNERS ASSOC D. Addressee's Address (dDmddc�Jdbysend y 5 ASPEN LANE o NEW HYDE PARK NY 11040 1.............:..................................................................... Deilvery Address ........................... Clty ......................................State ZIP + 4 Code MOORE LAW OFFICE $� Q,a0 MAIN ROAD iOUTHOLD NY 11971 I A. Signature: (0AddressjW_0Agent) X IS. Received By: (Please P Clearly) Vis+. C. Date of Delivery 1 �I D. Addressee's Address (HDiff m fFromAddroaa UeedbyS.nd.rl 9 §econdaty Addressl Suite % Apt.�l Floor (Please Pdrd CleaNyj '11 City ..........."-'""•""""'-........State -----"''..zip r 4 Code 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED I 2. Article Number I 7104 2438 8090 0000 4356 I. IIIIIIIIII IIIIIIIIII IIIIIilllll 111111 I 104 2438 8090 0000 4356 I rtic* Addressed To: JOHN"KEATING 78 ARIZONA AVE,. LONG BEACH NY 11561 I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of DIXON #6831 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-75-13 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, PATRICIA C. MOORE, residing in Southold, NY being duly sworn, depose and say that: On the 28th, day of January, 2015, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, February 5, 2015 / Patricia C. Moore Z Sworn to before me this3 February, 2015^ BETSY A. PERKINS Notary Public, State of New York U� No. 01 PE6130636 otary Publ c Qualified in Suffolk County—, Commission Expires July 18, *near the entrance or driveway entrance of the property, as the area most visible to passersby. � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Nall, 53095 Main Road, Southold: NAME J� Fil ;ffiff:� DIXON, ROBERT 38.-6-5 and 38.-6-6 4kJARIANCE LOT WAIVER REQUEST UNMERGER LOTS roff"11601614f DATE: THURS, FEB. 5, 2015 10:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. *ZONING BOARD -TOWN OF SOUTHOLD 765-1809 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 29th day of January, 2015. , Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 3, 2015 PUBLIC HEARINGS NOTICE 1S HEREBY OMEN, pur- suant to Section 267 of the Tbwn law and Town Code Chapter 280 (Zoning), 7bwn of Southold, the following public hearings will be held by the SOUTHOLA TOWN ZONING BOARD OF APPEALS at the Tbwn Hall, 53095 Main Road, PCX Box 1179, Southold, New York 11971.0959, on r . DAY FEBRUARY S. 201-4. 930 A.M. - JOAN CnQKF #6808 - (Adj. from 12/18114) Request for Vari- ances from Article XXIII Section 280-124 and the Building Inspector's August 28, 2014 amended September 5, 2014 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwell- ing, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, 3) less than the minimum code required side yard setback of 10 feet, 4) less than the code re- quired .total side yard setback of 25 feet, 5) more than the code permitted lot coverage of 20%, located at: 2205 Bay Avenue East Marion, NYY, SCCM#1000.31-17-6 10:00 A.M. - ROB .RT W D XON - I= -'This is a request for a Waiver of Merger under Article II, Section 280- 10A, to unmerge land identified as SCTM #1000-38.6.5, based on the Building Impec- tor's December 15, 2014 Notice of Disap- proval, whist states a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R40 Residential Zone District) this lot is merged with lot 1000-38.-6-6, located at; 555 & 545 South Lane(corner West Lane) East Marion, NY. SCCM#'sl000.38-6-5&6 10:20 A.M. - DAVID TURNER #6830 Request for Variances from Article =H Section 280-124 and the Building Inspec- tor's December 5, 2014 Notice of Disap- proval based on an application for building permit for additions and alterations to ex- isting single family dwelling, at; 1) less.than the code required minimum single side yard setback of 5 feet, 2) less than the code 3 required minimum combined sidayard aot- back of 25 feet located at: 640Vest Shore Drive (adj. to Southold Bay) Southold, NY. SCTM#1000.80-1.47.1 10:40 A.M.. RICK N PPI ME &. Re- quest for Variances from Article XXM Section 280-124 and Article XXII Section 280-116B and the Building 'Inspector's December 3,2D14 Notice of Disapproval based on an application for building per mit for additions and alteration to existing single family dwelling, at; l) less than the code required front yard setback of 35 feet, .2) less than the code required tnhrhirum single side yard setback of 10 feet, 3) .less than the code required bulkhead setback of 75 feet, located at: 5218 Peconic Bay Bou- levard (adj. to Great Pecans Bay) Laurel, NY $CCM#1000.128-2 22 11:00AAL - 860 BAYVIEW DRIVE U,C 11YaS22 -Request for Variance from At - fide =1 Section 280-116B and the Build- ing Inspector's September 3, 2014, renewed December 15, 201.4 Notice of,Disapproval based on an application for building per- mit to construct a deck, at 1) less than the code required bulkhead setback of 75 feet, located at: 860 Bayview Drive (adj. to Spring Pond) East Marion, NY. SCCM#1000-37.5-7 11,20 A.M. - TIMOTHY and rROR- GIA O IDIN MM - Request for Vad• anees from Article III Code Section 280-15 and Article XXII Code Section 280-116 and the Building Inspector's November 12, 2014 Notice of Disapproval based on an application for building permit for ac- cessory in -ground swimming pool, at; 1) location other than the code required rear yard, 2) less than the code required 100 foot setback from top of bluff: located at: 63165 County Route 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SC1M#100040-1-14 : Request for Variances from Article III Section 2015 and Article XXII Section 280-116B and the Building Inspector's Oc- tober 31, 2014 Notice of Disapproval basad on an application for building permit for 'as built' accessory garden shed, at; 1) less than the code required minimum rear yard setback of 10 feet, 2) less than the code re- quired bulkhead setback of 75 feet, located at:4500 Ole Jule Lane (adj. to a canal) Mat- tituck, NY. SCTM#1000-122.432 1:15 P.M. - LEWIS TEPERMAN II= - Request for Variance from Article XXII Section 280.116 and the Building Impectces September 29, 2014, renewed December 9, 2014 Notice 'of Disapproval based on an application for building per- mit to reconstruct a deck, at; l) ices than the code required bluff setback of 100 feet, located at: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCCM#1000.21-2-16 1:30 P.M. - BERRY & BERRY. .I C. K= - (Adj. from 1/22/15) Request for Variance from Article XI Section 2049 and the Building Inspector's January 14, I Clerk day of 2015. URISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01V06108050 CUollffad In Suffolk County "20MM11110rt 6xpkes February 28, 2016 2015 Notioe of Disapproval based on an ap- pOwdon to oonveort dwelling to single cm- trect is buaiaess, at; 1) leas than the code requnvd i � 41535um Main Road (aha State Rotate 25) Pecouic,NY. SCTM#1000- 75-5-13. 7be.'Board d Appeals will hear all per- soes or their representatives, desiring to be heard at each. hearing, and/or desiring to .submit cork ti .statements before the eoncluaiott branch hearing.. Each hearing wi0 netatar 'Willeltd an designated above. Files are avail able for review during regu- ltu''brishoeas hoiiis and prior to the day of the hearing..It, you have questions, please contact our office at, (631) 765-1809, or by email Dated: January 12; 12015 . ZONING BOARD OFAPPEAEs LESLIE KANES WEISMAK CHAIRPERSON BY: Vidd Toth 54375 Main Road (Office Location) 53095 Main Road (Mading(USPS) P.Q Box 1179 Southold, NY - 11971.0959 120721T 1/29 0 0 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: hup:Hsouthtown.northfork.net January 12, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, February. 5, 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 January 21st: 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 January 26th: 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 January 28th: 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 February 3, 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. • BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth SchneiderCOU http://southoldtown.northfork.net 0 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 December 30, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6831 Owner/Applicant: Dixon, Robert W. Action Requested: 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 K. Weisman ZBA Chairperson I�_i 0i '--ice, _ Ji Encls. S.C.T.M. NO. DISTRICT: 1000 SECTION: 38 BLOCK: 6 LOT(S):6 u.r. TOGETHER WITH AN INGRESS & EGRESS EASEMENT & BEACH RIGHT OF WAY AS RECORDED. LIBER 3267 PG.303 D N/F OF 1LTALAMACCHIA ;TEINBUGLER ,�A 6 e3 l RECEIVE[) OEC. 2 4 1(,J14 ZONING BOARD OF APPEALS 1W z gel 1-4 THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCARONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. AREA: 8,162.50 SQ.FT. Or 0.19 ACRES ELEVATION DATUM. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: EAST MARION TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FILE N 14-168 SCALE: 1 "=20' DATE: NOV. 13, 2014 �f M 4✓0ywC1 N. Y.S. LISC. NO. 050882 CERTIFIED TO: ROBERT W. DIXON AND BONNIE THOMPSON DIXON AS TRUSTEES U/A DATED 11/21/07 THE ROBERT W. DIXON REVOCABLE TRUST FIB/0 ROBERT W. DIXON; KENNETH M WOYCHUK LAND SURVEYING, PLLC Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 PHONE (831)298-1588 FAX (831) 298-1588 maintaining the records of Robert J. Hennessy k Kenneth M. lloychuk Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 February 20, 2015 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6831 - Dixon Dear Ms. Moore: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 1 197 1-0959 Enclosed is a copy of the Waiver of Merger determination, by the Zoning Board of Appeals rendered on February 19, 2015. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. Sincerel X164 Vicki Toth Enc. Cc: Bldg. dept. >. 037 SEE SEC. 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