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HomeMy WebLinkAbout4631—)afzf-7 �cg, FA APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 0 y 2 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 10, 1998 AppL No. 4631 — LYDIA LAJDA PARCEL 1000-103-4-11; 103-4-10; 103-4-1.1. STREET & LOCALITY: 460 and 600 Eastwood Drive, Cutchogue, NY DATE OF PUBLIC HEARING: December 10, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The subject properties are shown on the Map of Eastwood Estates, Section 2 as Lot 21 (1000-103-14-10) and Lot 22 (1000-103-14-11). Each parcel fronts along the easterly side of Eastwood Drive and each contains 20,250 sq. ft. in lot area. County Tax Map Lot 1000-103-14-1.2 abuts 1000-103-14-11 along the easterly property line and was the subject of ZBA Approval under Appl. No. 1810, rendered July 19, 1973 as a "building lot." BASIS OF APPLICATION: Building Inspector's September 2, 1998 Notice of Disapproval which states that County Tax Map Numbered Lots 103-14-10 and 11, both being nonconforming lots of 15,000 sq. ft. in an R-40 Zone, have been held in common ownership since July 1, 1983, and have merged under Section 100-25A. RELIEF REOUESTED: Applicant requests the following Lot Waivers under Section 100- 26 for County Tax Map Parcels: (a) 1000-103-14-11. (b) 1000-103-14-10. (c) 1000-103-14-1.1 (which was later withdrawn as noted below). INFORMATION AND CONSIDERATIONS BY THE BOARD: 1. Merger of Lots #10 and #11 occurred in 1985 upon the death of Ronald Lajda at which time his entire estate passed to his widow, Lydia Lajda. Prior to 1985 the improved House Lot #11 was held by Ronald and Lydia Lajda since it was purchased in 1968, and the adjoining vacant lot #10 was held by Ronald Lajda since it was purchased Page 2 — December 10, 1998 Meeting Appl. No. 9631: 1000-103-1410 & 11 (Lajda) in 1979. 2. Lot 1.2 was created by Variance Approval July 19, 1973 in Board of Appeals #1810. Lydia Lajda purchased Lot #1.2 on July 27, 1973. In 1977 the Lajdas obtained building permit #86242 to construct a "private accessory storage building" on the lot and were issued a Certificate of Occupancy #Z-7735. 3. Lot #1.2 is a recognized lot pursuant to Section 100-24 because it was approved by formal action of the Board of Appeals prior to June 30, 1983." (100-24.4). Lot #1.2 is excepted from the Merger provisions of Section 100-25 because 'The nonconforming lot obtained a lot size variance from the Zoning Board" (100-25C-2). 4. Although the applicant has applied for a Waiver for Lot #1.2, the Building Inspector's Notice of Disapproval states: "Lot #2 is not buildable because of a condition put on a variance granted by the ZBA Appeal No. 1810 dated 6/26/73." Since the Board's jurisdiction is appellate, the Board would be without authority to act on this request under this waiver application. 5. At the December 10, 1998 hearing, the Applicant's Attorney withdrew the request for Waiver of Merger CTM Lot 1.2 (Lot 1.2 is not merged under Article II). REASONS FOR BOARD ACTION: 1. Most of the Eastwood Estates Subdivision is developed with single-family residences on lots similar in size to Lots #10 and #11 that would be recognized by waiver of merger. 2. The two lots were created by subdivision. The Lajdas purchased the lots in single and separate ownership and held them as such until Ronald Lajda's death on 1985, when merger occurred automatically as Mr. Lajda's Estate passed to his wife, Lydia Lajda. 3. The waiver will not result in a significant increase in the density of the neighborhood. 4. No environmental conditions on the lot or nearby area have been identified that would be negatively impacted by grant of this waiver. RESOLUTION/ACTION: Accordingly, motion was made by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT Waiver of Merger for Lots #10 and #11 in accordance with the application. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Member Horning of F.I. was absent during this action.) This Resolution was duly adopted (4-0). o er 0, portNY• Parc,,_,,) 1000-53-4- 44.017. 7:45 p.m. Appl. No. 4624R and 4625-LA�p�S ` land, Town Of Southold, Suffolk MR Excep on for Golf Co sem County, New York. Zone: R-120 d Related Activities; and Variance Residential. 6:50 p.m. Appl. No. 4639 - for ground sign. SLS Main Road, Laurel NY;1000-126-7-1,125-3- JOHN AND GAIL MEYER. - This is a request for a Variance LK 13,15 and 17;125-4-21 and 24;1; 126.7-1- underArticleIII-A, Section 100- 330A:4, based upon the Build- K ss 7:55pm.Appl:No:4635-DR CYNTHIA H. ICKES nelnsnectnesOct b 3 AND COLLETTE 1998 CLAYTON. Thisis ging duly sworn, says that sapprovalregarding a request for a Variance undercoordinator ,rom application for Article lIIA,Secon100-30A.3 ,ofthe TRAV- accessory storage based upon the Building; . public newspaper printed ed in the front yard; Inspector's August28,1998No. ` County; and that the no - (e Roan; Mattituck tice of Disapproval for a Build Y4-44, mg Permit to Place anaccessory nexed is a printed copy, . Appl. No. 4631, storage shed in anarea other MA. This is a re- than the rear yard, at 160 west' i said Traveler Watchman Waiveisunder At Street and 531 Madison Avenue an 100-26 for Lots amuport NY, ParcelID 1000.42- Af)(LIM 1n inn._ 1-314 100- 244B (ref e, for as to ins than proposed and SuffolkA note 1000-116- tient 8:30 t of as resident L� 935 TheB NY; saidtime Vote: all aerso ave ex- end of Sec- ings o`.....for .............................. Tew try Public BARBARA A SCHNEIDER 41 NOTARY PUBLIC, State of New York ilea; No.4806M ?o- Qualified in Suffolk C ion Commission Expires 0731! 41066 FORM NO. 3.% - TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To Gary '01 ' sen A/C Lajda P 0 Boa706 Main Road ........................................ Cutchogue'NY 11935 PLEASE TAKE NOTICE that your application dated .........June_19th._ 19A8 forpermit to .. ............................... Location of Property ...A 0,40. ¢9P..FVstypAli.Pr, . !Kilt 2..............Cutchogue._.... House No. Street Hamlet County -Tax Map No. 1000 - Section JAIL ...... BAR 14 „ .__.__. LOT 1%11&1.2 Subdivision ............................... Filed Map No. ......... Lot No_ ....... is returned herewith and disapproved on the following grounds Adjacent. lots_ 103:... 14-10 A 1.1 being. both, non. conforming, lots, of _ 15,000 ,�q z .kt, Art .an MW .zone Jump-.... been held in common ownership since July 1, 1983. Lot 11 is improved with a house, lot 10 is vacant. These lots have merged. Pursuant to Artic1g11-100-25A. ..................................................... Note: Lot 1.2 is not buildable because of a.�gxhj}t�.qn _ .RjAt RR A sari tncp �rantRtl .. .... . by the ?B appeal No. 1810 dated .6/26/73=. .......................... ................_...... .............................:...................... 13Tyi ININSPECTOR RV 1/80 Bi A`i2D OF HEALTH ' .... 3 SETS-OF.PLANS ....... . ,FORM NO. 1 SURVEY .......... TOWN OF SOUTHOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM .. _ .,,_,: TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY 7EL.: 765.1802 CALL • .............. . MAIL TO: Examined ................. 19 ... Approved .............:. 19 Permit No............. Disapproved a/c .............. ..... . i ................ ................................ (Building Inspector) APPLICAI ION FOR BUILDING PERMIT Date... June_19,........, 1992. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule, b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout-of property, must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatevera Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of $ ing Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and era plicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for re mov or cj mo ition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building cocj , on rfi de and regulations, and to admit authorized inspectors on premises and in building for necessary inspectio s� 1gn�of ap icant, or name, if a corporation) Gary Flanner Olsen as Attorney for Lydia K. Lajda— P:.N.. Box 7N, MrI Rd.,. Cutct109U%. NY .11935 ........... (Mailing address of applicant) State whether applicant is. owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Attorney Name of owner of premises ... ,Lydia. K...Lajda, , (as on the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer. ............................ (Name and title of corporate officer) ALL CONTRACTOR'S MUST 'BE:SUFFOLK COUNTY 'LICENSED Builder's License No. ......................... Plumber's License No. ...... ........ .... . Electrician's License No. ........... ..... . Other Trade's License No. ............. _...... . 1. Location of land on which proposed work will be done ................................................. Eastwood Drive and Fleetneck Road, Cutchogue,.New_York. House Number Street Hamlet County Tax Map No. 1000 Section 103........ . . . . . Block 14... ....: Lot. } 2, 10 & 11 '. Subdivision .................... ......I........ Filed Map No. , . .......... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............................ .. ......................... . b. Intended use and occupancy Determination, of. Merger. . . tcheck which applicable): New Building .......... Addition .......... Alteration .... .. . ...;pair' . ............ Removal ..... a ........ Demolition .............. Other Work , .... .... . M (Description) 4. Estimated Cost ............ Fee .................... , .. .....`... . ..... ... .. I ` to be paid on filing this application) S. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ..... .... . . If garage, number of cars .... , ...... ..... , • .. • 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .... . . 7. Dimensions of existing strictures, if any: Front ............... Rear ....... Depth ............... Height .......... Number of Stories ... ...... . .................. ... . Dimensions'of same structure with alterations or additions; Front ........... Rear ............ , . . Depth ...... ........ _ . , . Height ..... Number of Stories ....... ... —8. Dimensions of entire new construction: Front ......... ..... Rear ............... Depth ............... Height .. Nu'mber of Stories .... ... • • • 9. Size of lot: Front ................. . Rear .... . .... .......... Depth .... . , . 10. Date of Purchase ...................... . Name of Former Owner .............. ............... 11. Zone or use district in which premises are situated . : ,.....'..........:............... . ............. 12. , Doesproposed construction violate any zoning law, ordinance or regulation; .......... . , . • • • • . • . • • • • . • • 13. ` Will lot be regraded ............ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises ...........1 , ... ..... Address .. r.'............... Phone No.............. . Name of Architect ...................... Address .................... Phone No............... . ".......'...... . ............ Address .. , .:. ... , ....... Phone No.. , .......... . Marne of Contractor 15. Is this property' located within 300 feet of'a.,tidal'wetland?':*Yes ..... No_,.: .. *If,yes, Southold Town Trustees Permit may be,^re uired.: PLOT DIAGRAM. Locate clearly and distinctly all 'buildmi gs, whether existing or"proposed, and, indicate all set-back dimensions from property, lines. Give street and block number or description according to deed, and show street names and indicate whether a interior or corner lot. See attached Deeds, Survey and Tax Map 1 t 1 STATE OF NEW FOFO K' S.S COUNTY OF. . . ........ .... Gary Fl annex Olsen ........ being duly sworn, deposes and says that he is the applicant ................... (Name of individual signing contract) above named. He is the.. AttorneY..............................r..`......,:...................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to' perform or have performed the sai or and to make and file this application; that all statements contained in this application are true to the best of h• novel id and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ..19 ... ; .......day of... June .............. 19:49 Nota Public " SuffolkCounty Nou" Public, State o1 New York No. 4629373 .......... ....... ............ /// Qualified isnExpieffolk sNov. 0.1 (Signature of applicant ,�qq C��o/m/�Expires Nov.30.199r**,y TOWN OF SOUTHOLD p..RO PIERTY RI CIURD (CAND VILLAGE DIST. SUB. LOT " OWNER STREET 6)0 ad q/. _ ,L d.J'%�!' 0 0 � 1- e C . f c u C/� FORMER OWNER c N E AC Y M' M' (4 S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP, TOTAL DATE REMARKS yX�.6i / 6 � ,� � �c,ld +Ocr, TO ✓ e `e < tj 2 6 i��/ o�'e2. �SAao yY%vrchec �i jda� 390 d 0 d f 3 6) 41�w AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland FRONTAGE ON ROAD p _ House Plot DEPTH f f< BULKHEAD Total DOCK Y. E. COLOR TRIM t --t M. Bldg. Foundation Bath Dinette Extension Basement Floors K. Extension Ext. Walls T Interior Finish LR. Extension Fire Place Heat DR. Type Root Rooms lst Floor BR. Porch Recreation Room Rooms 2nd', Floor FIN. B. Porch Dormer Breezeway Driveway Garage Patio 0. B. Total Jo ap: - /y ani ,7 N O SOUTHOLD , ,OPERTY RECO RD CARD ,.:..�.. _. ._ . OWNER I STREET,6-6 . ,-. vLILAGE DIST. SUB. LOT, FORMER OWNER N E t1CR. S _ W TYPE OF BUILDING 2ES, SEAS. VL FARM COMM. CB. MISC. Mkt. Value LAND IMP. __ -._ TOTAL _ _. DATE REMAR11r14 lit log f /ee Qd o d 2666 4 6 1114717,?- // B I G N ows ..__._. _.. . _ :.. NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable 1' Tillable 2 Tillable 3 Noodland Swampland.. =ONT'-AGE"ON-W Tt4k- 3rushland FRONTAGE ON ROAD /�J"fJ`i 7 louse Plot DEPTH j 0 --rf; BULKHEAD 'otal DOCK r I OWNER �. YD✓/a �S' L A � n A FORMER nwmt:D N."' S A . W,01::, 1?,, )In /e i y, W TYPE C RES. 314SEAS. VL. ✓ EpsTwooA EST S; D. FARM COMM. CB MI LAND CS• Mkt. Value IMP. TOTAL DATE REMARKS 743'17$ �keh�sED / soa. j llboodland adowland use Plot -- Total !? l�1<�74 %3LA lLPG1y TRIM -- COLOR M. Bldg: Extension Extension Dinette Bath — Extension Foundation K Floors -- Basement LR. Interior Finish Porch Ext. Walls DR. ---- Heat Porch ,". Fire Place' BR. -- - Rooms ist Floor Breezeway We Roof FIN.B -_ Rooms 2nd Floor Garage Recreation Room Driveway Patio !!C> Dormer 0. B. 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' gift VN IN , , ;p 50IA ` N qo 0 N \ L° l�/ w M �a�y gj%-- 900 0 S r r N.3� / • j o N 4A f 00 O p 0` •O o J0.0 N Fa qD 1500 N 3p 1�3.(�D I, . . 0g0 o t. -7 C6 /Op�Z•114.o'" � 114.76 ., 0 s � t %,SO O F0' -W. 2Z9.IIA OO.o Z' 0 0 76 w o L. i iL 0 N a, 2 _ � w o �, � 7 � � � •t 1sa.4T , a c^A O t_.• SOA5� s 133.49 142.*4 S.50' 03 Z0 \ ` 56 pi �► —33, �' T O 4 ESTATES' ,� � • E A STINOOO 0 LOT 8 o LOT .7 0 " G FNISHCD ai �' Dia. 2a4aF Z4 MAK.. •: Gowst- py To OVERFLOW via < r PCO L. ComscLL. Joloj _ _- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Fax Transmission to 734-7712 Gary Flanner Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935-0706 BOARD OF APPEALS TOWN OF SOUTHOLD December 18, 1998 Re: Appl. No. 4631 — Waiver of Merger Dear �r- Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board determination rendered at our December 10, 1998 Meeting. A copy has been furnished to the Building Department as an update to the pending permit application and for their permanent, records. You may wish to contact the Building Department directly for issuance of a building permit. We wish you and your assistants the best during the Holidays. Very truly yours, J/rard Goehrin er Chairman 12/18/98 Copy of Decision to: Building Department NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY DECEMBER 10, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, DECEMBER 10. 1998 at the time noted below (or as soon thereafter as possible): 6:55 p.m. Appl. No. 4631 - LYDIA LAYDA. This is a request for Lot Waivers under Article II, Section 100-26 for Lots referred to as 1000-103-14-10 (vacant) and 1000-103-4-11 (dwelling), also referred to as 460 and 600 Eastwood Drive, Cutchogue, NY. A Lot Waiver is also requested for 1000-103-14-1.2, which adjoins 1000-103-14-11 (and was the subject of ZBA Action #1810 rendered July 19, 1973). The Building Inspector's September 2, 1998 Notice of Disapproval states that the lots are merged pursuant to Article II, Section 100-25A. The Board of Appeals will at said time and place hear any and all persons or representatives .desiring to be heard in the above applications or desiring to submit written statements before the end of each hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: November 19, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski DoT W A I VES - AE RC*,- Eb LST 10 Ib1b ,1� NOTICE OF HEARING�`° NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: LYb) A L A y D,4 DATE OF PUBLIC HEARING: 4:.5600".A. -guts� ��. 1,61 199' If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during'normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 L AST W 6 D br•, CuTCNO6U� r M • OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 N ..; fax 765-9064 Re: Chapter 58 — Public Notice for Thursday, December 10, 1998 Hearing 14 Dear . Please find enclosed a copy of the Legal Notice describing your application. The Notice will be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper for 1998. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the location of this project with the setbacks and use noted. Send this Notice with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must posh the. enclosed. sign no later than 12/3/98: Posh the sign facing the street, no more than 10 feet' from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been. in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to postpone your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office ELIZABETH A. NEVILLE TOWN CLERKcoo c < REGISTRAR OF VITAL STATISTICS v. MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED:. October 5, 1998 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: Zoning Appeal No. 4631 - Lydia'Lajda Transmitted herewith is Zoning:o' Ly' Appeals application 4631 - Lydia Lajda - Also included is Notice Of Disapproval with Building Application attatched, Memoramdum from Edward Forrester dated August 27, 1998, letters from Flannery Olsen dated June 19 and Sept. 11 1997, June 17 and July 17 8 18, 1998, Death Certificate of Ronald J. Lajda, Applicant Transactional Disclosure Form, Contract Of Sale naming Lydia Lajda as sole beneficiary of the Estate Of Ronald J. Ladja, Z.B.A. Questionnaire, and said enclosures in transmittal letter dated September 29, 1998. GARY FLANNER OLSEN— COUNSELLOR AT LAW P.O. BOX 706 ■ MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 September 29, 1998 Re: Lydia Lajda - Waiver . of Merger Dear Linda: Enclosed herewith please find the following: —1. Application and supporting documents for a Waiver of Merger under Section 100-26. —2. Copies of Tax bills for all three parcels. — 3. Copy of Deeds for all three parcels dated prior to— June 30, 1983. t. 4. Copy of current tax maps. 5. Check payable to the Zoning Board of Appeals in the sum of $150.00. -6. Copy of Single and Separate Ownership Search for tax lot 10 and 1.2. 717. Copy of Survey for tax lot 10. -8. Copy of Decision of the Zoning Board for Philip and Clare Dietz (Appeal #1810). 9. Copy of survey for tax lot 11. r--10. Copy of Certificate of Occupancy fo acc ssory building for lot 1.2. j Very tvluly yours, OLSEN GFO:lmk Enclosures Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971 Attn: Linda ti Ito,- APPLICATION FOR WAIVER UNDER SECTION 100-26 n a r' This review is for lots which have separate deeds recorQcKId `pri r to 1983 and undersized. A merger determination has be is u r�cd the Town Building Inspector (copy attached) . Yo win' GleS�hold The zoning.of my parcel is presently: R40 The size requirement for this zone is: 40,000 square feet ' per parcel. County 'Tax Map Parcel Nos: 1000 103 _ 14 _ 10,11 & 1.2 I (we) , Lydia Lajda , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II,• Section 10.0-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination.- 1. etermination:1. Copies of .my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is .not refundable if this waiver is denie;d••. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to, file for a subdivision and, if' necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. (Ao1 i cant ani/ Owner )Lydia Lajda (Applicant and Owner) Sword} to be /jore'.this day er 19 98 : oLs Nota u 1 i c No CI ` °000 : iar h 30- ' Coll Qualified , _ ;March �� Conv►ssion A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons =or application(to continue on next page). APPLICANT' S REASON #1: The applicant owns three tax parce 1000-103-14-10,11 and 1.2. Tax lots 10 & 11 are '.'recognized 100-24 since they are lots on a filed map i.e. "Map of Eastwo filed in the office of the Clerk of the County of Suffolk on map #4210. Tax lot 1.2 was approved by the Zoning Board of A (appeal #1810). Tax lot 11 is improved with a single family residence an Tax lot 11 was purchased in the name of Ronald and Lydia Lajd husband and wife (L6352 Page 556). Tax lot 10 was purchased Lajda (Liber 8735 pg.390) on November 2, 1979. Tax lot 1.2 w of.Lydia Lajda on July 27, 1973.- The applicant wishes-ta bri the Zoning -Board that tax lots 10, 11, and 1.2 were all taken ownership. :Ronald Lajda-died on 12/1/85 and under the terms Testament bis -entire estate'passed to his widow Lydia Lajda r these parcels by death. .1It is clearly the intention of the -applicant to keep:the separate ownership and the° merger was only caused -by the -di? -at' husband.and not by any intentional 'merger of the lots. An ap permit to determine whether the lots were merged-was:submitte SIX Building Department said applicati The applicant did not receive a Notice of Disapproval until 9 attorney was advised by the Building Dept. in September 1997 merge but would not put anything in writing to7that effect. DepartmentIs oral representation that there was no. merger thl into a•contract to sell. tax lot 10 on January 30,'1998*for-$6� continuous efforts on he part of the applicant's attorney to of merger,- the applicantis sale has been in abeyance until th, was issued on 9/2/98 thus necess-Ata�this merger applicatio APPLICANT'S REASON #2: A review of the Suffolk County Tax M 10, 11, &`1..2 are all of the same size and shape of the othe hood. To deny the application would result in the applicant size of other parcels in the neighborhood and would result i to the applicant.' The applicant does not concur with the findings,of-the the Zoning Board of Appeals Decision (1810) was granted on t remain open -.space., �In fac-t.the Decision states ".......perm purchaser S. Lajda to use this lot as a building lot at some is only partially contiguous to lot 11 and fronts on Pequash whereas tax lot 11 and 10 front on Eastwood Drive. The Buil Building Permit for lot 1.2' (Building permit 8624Z_)for a pri building for which Certificate of Occupancy No. Z7735 was is While the applicant has no intention at this time of sel the 'Board to waive a merger at this time. Failure to grang. a. Waiver of Merger would produce pract unnecessary hardsii %to the applicant; the hardship is uniqu by all properties affdke in the i r&C6q`iate vicinity and in the granting a Waiver of Merger will-�Ichange tk� character of will obsgt_ve the spirit of the ordinance. s designated as.follows: ots under Code Section d Estates,.Section 2 ovembe!r 30, 1964 ' as peals prior to 1983 tax lot 10 is vacant. on May 20, .1968 as n the name,of Ronald s purchased in the name g to the attention of in single and separate f his L"a"st Will and sulting in aimerger of e 10'*ts in single, and of -the applicant's lication for a building .-to the Southold Town n dated June 19, 1997. 2/98. Applicant's hat the lots did not ased on the Building applicant entered ,000.00. Despite resolve the question Notice of Disapproval reflects that tax lots parcels in the.neighbor- aving lots twice the serious financial loss uilding Department that e condition that lot 1:2 ssion is granted for the future time." Lot 1.2 Ave. (Fleet Neck Rd.) ing Dept. issued a ate accessory storage ued on June 23, 1977. ing Lot 1.2 she requests ical difficulties and and would not be shared same use district; the neighborhood and Stan d 0 i I Y. B`T. U. Form 8007 + 9-66-20M— Bargain and Sale Deed. with Covenant against Grantor's Acts—Individual or Corporation./ CONSULT YOUR LAWYER BL. ___E SIGNING THIS INSTRUMENT—THIS INSTRI IT SHOULD BE USED BY WYERS O�LY. LIBER 6352 PACE THIS INDENTURE, made the 20th day of May , nineteen hundred and sixty—eight BETWEEN JANET REMrE FIELD, residing at 3315 Karen Avenue, Long Beach, California, by Thomas B. Reeve; her Attorney -in -Fact under Power of Attorney dated May 9, 1963 and recorded in Suffolk County Clerk1s. office in Liber 5378 of Deeds, at Page 12; MADOLIN FLEET BARTEAU, residing at Pequash Avenue, Cutchogue, New York; and KATHRYN FLEET, residing at West Creek Avenue,.Cutchogue, New York, party of the first part, and RONALD LAJDA and LYDIA LAJDA,his wife, residing at 89-32 241st Street, Bellerose, New York 11426, party of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00100 - - - - - - - - - - - - - - - - - - - - - - - dollars, lawful money of the United States,. 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,200YA g 3.situate, . lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 22 on a certain map entitled "Map ofF.,sstwood Estates, Section 211, and filed in the office of the Clerk of the County of Suffolk on November 30, 1964 as Map No. 4210. SUBJECT to the following covenants and restrictions: That not more than one dwelling shall be constructed on the premises for each 100 feet of road frontage; that any house or bungalow erected or maintained shall cost not less than $129500.00 and shall be at least 35 feet back from the front boundary line of the lot, including porch and piazza. That no outbuildings shall be erected other than the usual garage, and.said.garage shall be in connection with or joined to the house or bungalow, or so erected that it shall be at least 90 feet back from the front boundary line of the lot; that the premises shall be used for dwelling purposes only; and nothing which shall be a nuisance, unwholesome or.offensive to the neighborhood shall be permitted on said lot; and that no fowl or pigs shall be kept on said premises. RESERVING to the parties of the first part, their successors and assigns, the right to dedicate and convey to the Town of Southold land lying within the bounds of all roads on said map. LIBER 6352 PACE W TOGETHER with all right, title andinterest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of ihe,party;�of. the first part in and to .. It said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of . the, second',,part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this'conveyance-and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed .as if it read `,`parties':' whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the firstpart has duly executed this deed the day and year first above written. Janet Reeve. Field 11-T PRESENCE OF: By Attorney -in -Fact y �Ma of n Fleet Barteau �k pp '- LIBER *8352 PAGE %8 STATE OF NEW YORK. COUNTY OF — =-f f olk ss: On the 20th day of May 19 6 8, before me personally came Madolin Fleet Barteau Kathryn Fleet to me known to be the individual s described in and who executed the foregoing instrument, and acknowledged that they executed the same. A4P JOIIiI ,�,. iYt,ELi-FE S1aie of New York � NOTARY PUBLIC, Residing in Suffolk County Suffolk County No. 52-8206100 1770, 'Commission Expires March 30, JOHN A. OTEEFFB NOTARY PUBLIC, State of N, Residing In Suffolk Coun Suffolk County No. 52-6201 STATE OF NEW YORK, COUNTY OF Commission Expires MarcW0 On the . - day of 19 before me personally came to me known, who, being by me duly sworn', did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he - signed h name thereto by like order. bargain attb male �Beeb WITH,COVENANT AGAINST GRANTOR'S ACTS TITLE IVO. G 8r—J - 0 1 6 ;z f a.6 JANET .RE7IE FIELD, et al TO RONALD LAJDA ,!LYDIA LAJDA STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by THE TLE GUARANTEE NY CHA RTE 1089 W YORK STATE OF NEW YOU-...OUNTY OF Suf f of k ss; On the20th day of May 19 68 before me personally came T comas B . Reeve'; t o me known and Tarolw Reeve ielld,ttehgeindivQ1 des- of griSed in antwiio by Tier said orney taame :UxXmandkkbqalxx aaftffikkVCiaro f�flxifir���i�t�a5i?��tclt�ii in acct execu ed t6 foregoing instrument and duly acknow- ledged before me that he executed the same as the act and deed of Janet Reeve Field herein described and for the pur- pose therein mentioned by virtue of Power of Attorne, duly executed b said Janet Reeve Fieldated May 9,1963 and recorded n 3uffolk County Clerk's office in liber37 cp N Tbrk Y 100 WITE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who,' being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. SECTION Home Title Divislotl BLOCK Chicago Ti -• Insurance CompatlY ' LOT COUNTY OR TOWN qs1 a uarantee Company RETURN BY MAIL TO: LEFFERTS F. EDSON9, ESQ 51755 MAIN ROAD SOUTHOLD,; N -Y-, 11971 Zip No. ih�\- V �. � o MAY 24 19 l!1 1.L e-.)- IL C� = Wilk ISL' CV d G j 'c • t `CONSULT YOU, .'". ..• ���:—uar6 a:n tinct tiale Uved. with C'uveaanl aKn:n.4t (:ran li:r'e Arl.....Indl• Y vldual ur C'umnrat lun-7M )/%Q p� WYER BEFORE SIGNING THIS INSTRUMENT• . ..5 INSTRUMENT SHOULD BE • �� USED BY LAWYERS LIBER �4 5 4 t{�GFjzd9 TILS INDENMRE, made the 27th day of July ,nineteen tun BETWEEN dyed and seventy-thro PHILIP q sh Avenue, and CLAIRE A 3270 PequaDI Avenue A. DIETZ, his -wife, both residing at . Cutchogue, New York 11935 party of the first part, and LYDIA K. LA JDA . r residing at New York 11935 (no number) Eastwood Drive, Cutchogue, party of the second part, WTNESSETH, that the party of the first part, in consideration of Ten ($10.00)--------- lawful money of the United States, — — — dollars, by the party of the second'paid 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, CV ALL that certain lot vacant I CVP ,piece or parcel o�/land, � lying and being in the Town of Southold situate, -j and State of New York , at Fleet s Neck, Count C\)I , bounded and described as f6llowsy of Suffolk x BEGINNING at a point on the westerly F�= southerly the following two coursessyandne Of Fleet's Neck Road intersection of the westerl distances from the i'y , southerl Y line of Fleet's Neck Road with the line of North Cross Road: (1) South 45 degrees 29 minutes 00 seconds East'60 c, (2) South 50 degrees grees 16 minutes 30 seconds East 44.63et; said point of beginning; feet to the running thence along the said westerl :South 50 degrees 16 minutes Y line of Fleet's seconds East 100 feet; Neck Road 30 se running thence South 39 degrees 43 minutes 30 seconds running thence North 50 degrees 16 minutes 30 ,West 150 feet; seconds West 100 feet; running thence North 39 degrees 4.3 to the westerl to 30 w- y line .of seconds East Fleet's Neck Road at the 150 feet BEING AND Point of BEGINNING. INTENDED TO BE part of the same J. Dietz and Claire A. premises conveyed to Philip dated November 15 Dietz, his wife by LeRoyS. 1961 and recorded in the SuffolkRCountyeeve y deed Office in Liber 5084 at page 398 on November County Clerks ' .. 21, 1961. L�ov,v 7,-v0 Id // -/ }t �•..e}i•'j. ;f •, L't' ESTATE- , , S TATE .:O Fii. + ; . /�Po,v�- ole:�.j.z•.•^,1. '• �'�;p1a:i ��-NEdI!rYO ��iQ tr cnv'?a ap" t `�Ept Of -;i •1N `* ��� , r'�4:;::'rE�;=<r,:,1`uXation,j',111L30'71`f.'•,�-`p�. �, ,p° l�C'�,� �'.� -' P�:��"``.�"(',$,.Fin'once•;'};•.:��;�•'•:i:�Pa;• {_�•�' �'' ,, '� •,�` Vii:. .'1 . ,_ � +n _ ;. _ ,1055' . j .�_•,.,, •t . �. ,`, LI�Eii74-54 ;PAGG.:I.^J TOGETHER with a.. Fight, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto.. the party of the second part, the heirs or successors and 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. incumbered in any way whatever;—except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive , the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement. before using any part of the total of the same for any other purpose. The word."party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. r / IN PRESENCE OF: LS Philip J. Di tz /P' LS Claire A. Dietz (57 STATE OF NEW YORK, COUNTY OF Suf folk so: I STATE OF NEW YORK, COUNTY dFIBER 74.4 au j.1,)°t:l1Bs: On the 2 7 th day of July 19 7 3, before me On the day of 19 before me personally came Philip J. Dietz' and ClairE personally came A. Dietz, his wife to me known to be the individual sdescribed in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged' that they executed the same, executed the same. LEFFERTS PAINE EDSON —rN NOTARY, PUBLIC, State of New York No. 52-1077685 . Suffolk County Commission Expires March 30e j_971; STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK. COUNTY OF ss: On the day .of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of the corporation described , the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is -such, corporate seal;, that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order, tion, and that he signed h name thereto by like order. 10ttrgaitt attd *ale Peril WITH COVENANT AGAINST GRANTOR'S ACTS TITLe No. Philip J. Dietz and Claire A. Dietz, his wife TO Lydia K. Lajda STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Dirtribated by "iEE"` TITLE _ INSURANCE COMPANY GUARANTEED TITLE DIVISION A Member of The Continental Insurance Companies W U w �O Z 0 C) P4 o LLI Lt_ ai O mOCU p J s� a v aG Cc: C-)� p C= LLA M h - Wm J to to W w � J > t SECTION BLOCK LOT r MMX=RR TOWN of Southold County of Suffolk Recorded At Request of American Tiile Insurance Company RETURN BY MAIL TO: Lefferts P. Edson, Esq. 53795 Main Road Soutb'bld, New York 11971 Zip No. f- 1 al O �- 8 G~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 08735 735 PAGE t)90 THIS INDENTURE, made the 2 ND day of JVdfdEyW46E2 , nineteen hundred and seventy-nine, BETWEEN , . THEODORE MUR•CHECK, residing at: 5986 Jacobs Ladd.er,:;,Colu�nbia, ' Maryland 210.45, party of the first part, and RONALD J. LAJDA., residing at: 600 Eastwood Drive, Cutchogue, 'New York 11935, party of the second part, ' .. . .. - . WITNESSETH, that the party of the fust 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 certainlot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in rile ''own of Southold, County of Suffolk and State of New York, known and designated as Lot No. 21 on a' certain-mapleiztitled,"Map of Eastwood Estates, Section 2", and' filed in the Office of -the Clerk of the County of Suffolk on November 30,', 1964 as Map No. 4210. ' The grantor herein is the same person as thegrantee i,n Dead dated 4/15/68 recorded 6/18168 in Liber 6365 cp 400, made by Janet Reeve Field, by Thomas Be Reeve, her attorney=in-fact, Madolin Fleet Barteau and Kathryn Fleet. 13969 ---1 �e:-5 °--------- R.EEA,L ESTATE NOV 2 71979 L-TR;ANSFEIR TAX SUF :��y TOGETHER with all right, title and interest, if any, of the party of the first part in and .to any streets and roads abutting the•'above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first* part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part 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 pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRP.SPNCH OF: Theodore Murcheck 473-00.948 ''ll Standard N.Y.B.T.U. Form 8002. Bargain and Sale Dead, with Covenant Against Grantor's Acts—Individual or Corporation. 1 al O �- 8 G~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 08735 735 PAGE t)90 THIS INDENTURE, made the 2 ND day of JVdfdEyW46E2 , nineteen hundred and seventy-nine, BETWEEN , . THEODORE MUR•CHECK, residing at: 5986 Jacobs Ladd.er,:;,Colu�nbia, ' Maryland 210.45, party of the first part, and RONALD J. LAJDA., residing at: 600 Eastwood Drive, Cutchogue, 'New York 11935, party of the second part, ' .. . .. - . WITNESSETH, that the party of the fust 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 certainlot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in rile ''own of Southold, County of Suffolk and State of New York, known and designated as Lot No. 21 on a' certain-mapleiztitled,"Map of Eastwood Estates, Section 2", and' filed in the Office of -the Clerk of the County of Suffolk on November 30,', 1964 as Map No. 4210. ' The grantor herein is the same person as thegrantee i,n Dead dated 4/15/68 recorded 6/18168 in Liber 6365 cp 400, made by Janet Reeve Field, by Thomas Be Reeve, her attorney=in-fact, Madolin Fleet Barteau and Kathryn Fleet. 13969 ---1 �e:-5 °--------- R.EEA,L ESTATE NOV 2 71979 L-TR;ANSFEIR TAX SUF :��y TOGETHER with all right, title and interest, if any, of the party of the first part in and .to any streets and roads abutting the•'above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first* part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part 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 pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRP.SPNCH OF: Theodore Murcheck 473-00.948 ''ll Standard N.Y.B.T.U. Form 8002. Bargain and Sale Dead, with Covenant Against Grantor's Acts—Individual or Corporation. MARYIND STATE OF tM2=jt UNTY F HOWA On the 2A -1h day of A10Ij Imo? O&Z 19 79 ,before me personally came Theodore Murcheek Qto me known to be the individ�al described in and who Q- executed,}J'41�e• foregoing instrument, and acknowledged that h ',,':,:executed the same. ,Not y P .bl' IJAYWO06 Joijin f• 'j.e N%�/ oisiM�t e - :.o STATE OF,NEW YORK; COUNTY OF On the day of . 19 _.,.before me personally came to me known, who, being by a duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the ' fo egoing instrument; that he knows the seal of said corporation; that the, seal affixed to -said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. BARGAIN AND . SALE WITH COVENANT AGAINST GR TITLE No. W V STATE OF NEW YORK, COUNTY OF u: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the C. STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who,. being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that . he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. DEED SECTION WTOR's ACTS BLOCK O UNTY OR CC: CO TITIF INIMPANCE NPANY CO MURCHECK TO Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY LA JDA. RETURN BY MAIL TO: STANDARD FORM OF NEIN YORK ROARl piuribrted hr TITLE INSU TITLE U�N ERwa1165 \' TH LAND CE COMPANY . IL W py,'r,AF` O , -3 3—.:5 O t I c .J W'✓�1.1 gn C� �i� TMJ,_ � �_ _• �I�-'�• V _y }Nau�rrk - - -. .- - I Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: Gary Fish, Building Inspector FROM: 'Edward Forrester, Director .w DATE: August 27, 1998 RE: Lajda file Fax(516)765-1823 Telephone (516) 765-1802 Attached please find Town Attorney's note concerning merger determination on application noted above. r • 1 1 Y1•i Re: Lydia K. Lajda Determination of Merger Question re: Lots 1000-103-14-10 & 11 Determination: The question acutally involves three lots #1) 1000-103-14- 10; #2) 1000-103-14- 11; and #3) 1000-103-14-1.2. 1 st Question: Are the Lots "recognized lots" under Town Code section 100-24? #1) 1000-103-14- 10: Yes, this lot is part of a subdivision (see the Property Tax Card). #2) 1000-103-14- 11: ;Yes, this lot is also part of subdivision (see the . Property Tax Card.) #3) 1000-103-14-1.2: Yes, this lot was approved by the Zoning Board of Appeals prior to 1983. [Note: as set forth latter this is not a buildable lot.] 2nd Question: Have these lots merged? Lots 10 and 11 have merged. Reasons: A) -The Zone is R-40. They are both non -conforming (100' x 150' _ 15,000 sq. ft.); and -They share a common course of 50' or more in distance; and - They have been held in common ownership (by Lydia Lajda) since July 1, 1983. Lot 11 was held by both Ronal Lajda & Lydia Lajda; Lot 10 was held by Lydia Lajda; and Lot 1.2 was held by Ronald Lajda. Ronald Lajda passed away and his entire estate went to his widow Lydia Lajda. B) None of the 5 merger exceptions set forth in 100-25 (C) apply. [Informational Note for seeing if any of the exceptions apply: The lots are in a subdivision, Eastwood Estates, which subdivision is not listed in former Town Code section 100-12. Further, Lot 11 is improved with a house; lot 10 is vacant; lot 1.2 is vacant] C) Lot 1.2 has not merged with Lot 11 because the Zoning Board of Appeals granted a lot size variance. However, the lot size variance was granted with the condition that lot 1.2 remain Open Space. This is why lot 1.2 is not buildable. See attached Zoning Board of Appeals appeal no. 1810 dated 6/26/73 and the underlying application. LIA GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 ■ MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 516-734-7666 FAX 516-734-7712 Dear Gary: July 17, 1998 Re: Lajda to Higgins Our File # 6388 I understand from your office that you need a check in the sum of $25.00 for the issuance of a "Notice of Disapproval." Accordingly, I am enclosing my attorney's check for the $25.00. Very truly yours, IAAW� e�wzge�l-<--k Gar Flanner Olsen GFO:cph Enclosure Southold Town Building Dept. Main Road - Town Hall Southold, NY 11971 Attn: Gary Fish GARY FISH INDICATED THAT THE BUILDING DEPARTMENT HAS DECIDED THESE LOTS HAVE NOT MERGED BUT WILL NOT GIVE ME ANYTHING IN WRITING - I ADVISED MRS. LAJDA ON SEPT. 16, 1997. GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 ■ MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 CV / i June 17, 1998 Re: Ladja to Higgins Our File #6388 Dear Gary: Please let this confirm that I submitted an application for a Building Permit in June 1997 to determine whether or not there was a merger. Enclosed please find a copy of the application and a copy of my letter dated June 19, 1997. I have also delivered, over a month ago, a single and separate ownership search to Gregory Yakaboski the Town Attorney. You advised me in September 1997 that the Building Department decided that Mrs. Ladja's lots did not merge, but you would not give me anything in writing to that effect. On the other hand you did not give me a Notice of Disapproval. Mrs. Ladja is under contract to sell tax parcel number 1000-103-14-10, and if in fact this lot has merged then I need a Notice of Disapproval in order to go to the Zoning Board of Appeals. I discussed this with Greg Yakaboski about 6 weeks ago and still do not have an answer. Please advise. Very truly yours, GARY FLANNER OLSEN GFO:lmk Southold Town Building Dept. Main Road - Town Hall Southold, NY 11971 Attn: Gary Fish GARY FLANNER OLSEN - COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 516-734-7666 FAX 516-734-7712 September 11, 1997 Re: Lydia K. Lajda Waiver of Merger Eastwood Drive 1000-103-14-10&11 Dear Gary: I last spoke with you on August 28, 1997 in re the above matter. I would appreciate some response from the Building Department. I am enclosing herewith copies of my lettters to the Building Department dated June 19, 1997 and July 18, 1997. Very truly yours, GFO:lmk Enclosures Southold Town Building Dept. Main Rd. - Town Hall Southold, NY 11971 Attn: Gary Fish cc: Lydia K. Laj-da RR 1 Box 219 600 Eastwood Dr. Cutchogue, NY 11935 GARY FLANNER OLSEN GARY FLANNER OL -SEN COUNSELLOR AT LAW P.O. BOX 706 • MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 516-734-7666 FAX 516-734-7712 Gentlemen: July 18, 1997 Re: Lydia K. Lajda Waiver of Merger Eastwood Drive, 1000-103-14-10&11 Enclosed please find a copy of my letter of June 19, 1997. I have not heard from you on this matter and my client is very anxious. Please advise the status of this matter. Very truly yours, GARY FLANNER OLSEN GFO:lmk Enclosure Southold Town Building Dept. Main Rd. - Town Hall Southold, NY 11971 GARY FIANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 ■ MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 516-734-7666 HAND DELIVERED FAX 516-734-7712 June 19, 1997 Re: Lydia K. Lajda Waiver of Merger Our File * 6245 Gentlemen: Please be advised that I represent Lydia K. Lajda, who is the owner of two contiguous parcel on Eastwood Drive designated on the Suffolk County Tax Map as District 1000 Section 103 Block 14 Lots 10 & 11. Tax lot 11 is improved with a single family residence and tax lot 10 is vacant. Lydia Lajda also owns a vacant lot which is partially contiguous to the North side of lot 11 having frontage on Fleet Neck Road (Pequash Avenue) designated on the Suffolk County Tax Map as District 1000 Section 103 Block 14 Lot 1.2. Tax Lot 11 was in the name of Ronald and Lydia Lajda. Title to tax lot 10 was in the name of Lydia Lajda and title to tax lot 1.2 was in the name of Ronald Lajda. Ronald Lajda is deceased and under his Will his entire estate went to his widow, Lydia Lajda. I am submitting herewith an application for a Determination of Merger, since Mrs. Lajda is seeking to sell the two vacant lots i.e. tax lot 10 and tax lot 1.2. Also enclosed is a copy of a Variance Decision issued by the Zoning Board of Appeals to Claire and Philip Dietz, Appeal Number 1810, which would appear to be for tax lot 1.2. I am also enclosing my attorney's check in the sum of $25.00 representing the application fee. If there is anything further you need from my office, please advise. Very truly yours, GARY FLANNER OLSEN GFO:lmk Southold Town Building Dept. Main Rd. Town Hall Southold, NY 11971 FORM NO. S TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy 23 77 No..z773.5 ..... Date ............. June June ........ ., 19... . THIS CERTIFIES. that the building located at .. Pequash Ave ... • .. Street co'map Cutcho 1000-103-14/12 gue Map No. 421.Q ....... Block No........... Lot No.... ... .. . conforms substantially to the Application for Building Permit heretofore filed in this office dated ........... J=e... 3..., 19.76. pursuant to which Building Permit No. 86242 Z. dated ........... June 4 9 1976. , was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is Private accessory storage building issuedis ......................................... L dia Lajda Owner ..................... The certificate is issued to S. • • • • • • • • • . • • • ' ' ' ' ' (owner, lessee. or tenant) of the aforesaid building. N.R. Suffolk County Department of Health Approval .................................... UNDERWRITERS CERTIFICATE No. nor .... •.................................. . HOUSE NUMBER .............. Street ........................................... ................. Building Inspector . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owners) and any individuals (and entities) having a financial interest subject premises and*a description of their interests: (Separate sheet may be attached.) Lydia La da other in the B. Is the subject premises listed on the real estate market for = sale or being shown to prospective buyers? {X } Yes ( ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to -change or alter land contours? { } Yes {x } No D. 1. Are there any areas which contain wetland grasses? 2.. Are the wetland areas shown on the map submitted wi'= this application? No 3. Is the property bulkheaded between the wetlands area and No the U.D azd buil ng area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town M—rastees for its determination af--Jurisdiction? No E. Is there a depression -or sloping elevation near the area or proposed consti-actionat or below five feet .above mean sea level? 'N/A (If not applicable, state "N.A."') F. Are there'any.patics, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? N/A If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? .No- If yes, please submit a copy of your buildingpe_*mi.t and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close 'Co this parcel? No If yes, .please explain where or suimit copies of deeds. I: Please list oresent use or operations conducted at this paXCe l Tax Lot 11 contains house and tax lot 10 & 1.2 are and vacant proposed, use tax lots & 1.2 for single ami y res! ences. 01 Au crizen gna —ire and Date 3/871 10/901k I § 97-13 WETLL\rDS TOWN _ The Town of Southold. T3US i LES — The Board of Trustees of the Town of Scut .old. (Added 6-5-84 by L.L. -No. 649841 WT -...YDS (Amended 8-25-76 by L.I.. Yo. 2-1576: 3-25- 85 by-• - r I"_Z_ Na. 6-I935 F � .... - • A. TIDAL ti ' IYDS: r (1) All .lands generaily covered or incer=.;.•wncly ccv- . ered :vith. or whit' bor-^er on.:id21 Watem or :y::cs lying beneath ddai waters. •xricz at ;resp lowtice are covered by tidal waters :a a maximum depch of five (5) feet. including bur acc limited to banks. bogs. salt marsh. swamps, meadows, fiats a oc. er low lying lands subject to tidal action: (2) All banks, bogs. meadows. ats and tidal marsh subject to such tides and u;,on :vhich grows ornay grow some or any of the following: salt hay, black grass, saltworts. sea lavender, tall cordgrass. high - bush.. cattails. g:•oundsel....a:sam allow and low marC.z corrigr C/ar (3) All land immediately ac;ace^. ;a a : •� 'tidal w2tla::d as defined in Subset -on AM and lying within seven- ty-five (75) feet landward of ''he most landward edge of such a tid: I wetland. 3- FRIESHWATER WETLANDS: (1) "Freshwater wetlands' as defined in Article 24. Ti- tle 1. § 2-1-0107, Subdivisions 1(a) to I(d) inclt:sive. of the Environmental Conservation Law of the State OfNew env York; and (2) All land immediately adjacent to a "freshwnter wet- land." as defined in Subsec:icn 3(1) and lying with. _ in seventy-five (751 feet lat�dw trd of themost ta::d_ «<ard edge of a "fresh%va:er.:vetiznd:' APPLICANT TRANSACTIONAL DISCLOSURR FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the pari: .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: Laj da, Lydia' (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other.person's or company's name.) NATURE OF APPLICATION: (Check all that apply.). Tax grievance Variance X Change of zone Approval 'of plat Exemption from.plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment- by) a corporation in which. the town officer or employee owns more than 5% of the shares.. YES NO X If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of,that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in -the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is'(check all that apply)': A) the owner of'greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director_, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 29 day of Sept. 19998 Signature Print• name dydia Lajda ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000-103 _ 14 _ 1.2 & 10 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lydia La@ a Cutchogue, New York 11935 New York, being duly sworn, depose and say that: I X " g[E@IEDWIS i AFFIDAVIT OF POSTING residing at 600 Eastwood Dr. , On the 2nd day of December ,19 98 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place forseven days prior to the date of the subject hearing date, which hearing date was shown to be 12/10/98 (Signatu Sworn to before me this /0 Wday of Dec. , 19 98. (NNota P blit I.ORRAINE Kt.OPFER otary ) idotery Public, State of NOW York No.4828373 Qualified in Suffolk CmM Commission Expires Nov. 30,18 *near the entrance or driveway entrance of my property, as the area most visible to passersby. § 58-1 NOTICE OF PUBLIC B ZING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING §6&-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this .section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the. nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requitifig the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street SOUTIiOLD CODE 158-1 Included In the application. Such from the y certiQed mail, return receipt notice shallll bbe e made by o requested, posted at least seven (7) days p date llcclot to the theion and of the initial public hearing on the app addressed to the owners at the addresses 11t r them on the local assessment roll. The sp applicant o agent with tall tale an affidavit that s/a provision. GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706 ■ MAIN ROAD ■ CUTCHOGUE, MLONG ISLAND, NEW YORK 11935 (� 34-7666 LZ J December 7, 1998 Re: Lydia Ladja - Waiver of Merger Our File # 6388 Dear Linda: Enclosed please find the Return Receipts from the Post Office in re the above matter. Very truly yours, G FO : lmk ai SENDE ■Comp) items 1 and/or 2 for additional services. I also wish to receive the following services (for an J Enclosures U) 4) ■ Comp ete items 3, 4a, and 4b.extra fee): ■ Print your name and address on the reverse of this form so that we can return this ai a card you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑Addressee's Address Delivery i' � t71 Southold Town ! z permit. ■ Write'Aetum Receipt Requested' on the mailpiece below the article number. 2. ❑Restricted will show to whom the article was delivered and the date Consult postmaster for fee. .. of Appeals a t s pp ■The; Return Receipt to, j Main Road — To( 54a. delivered. Article Number e Southold, NY 1� 3•ArticleAddressedto: P 426 745 869 �; ar Ms. Helen Laj da 4b. Service Type �� 6 Certified d � Box 220 Rt 1 730 Eastwood Dr. [1 Registered ❑ Express Mail ❑ Insured w 1 ai SENDER: N j ¢ g NY 11935 Cut cho ue , ❑ Return Receipt for Men andise [I COD I a ■Complete items 1 and/or 2 for additional services. ■� ■ Complete items 3, 4a, and 4b. 7. Date of Delivery 0 G ■ Print your name and address on the reverse of this form d card to you. 9 ■Attach this form to i Q Addresse 's Addres (Only if r'quested the front of the mailpiece, or on the ba ¢ 2 permit. I tL ■Write °Return'Receipt Requested' 5. Re eNed By: (Print Te,) B. and fee is paid) t F on the mailpiece below) W ■The Return Receipt will show to whom the article was deli's R O delivered. Signature: ddressee orAgent) ° 3. Article Addressed to: o g. r .. �� Domestic Return Receipt a Mr, and Mrs. Ray Schoen H PS Form 3811, De mb,1994 102595-97-B-0179 Eastward Dr. C tchogue, fib—Service Type NY 11935 W ❑ Registered Certified c, I ¢ ❑ Express Mail D I Insured e ;Q ❑ Return Receipt for Merchandise ❑ 7 iz COD 7. Date o Delivery O -'J 5. R eived B W Y: (Print Name) � I` j �� 8. Adore see's Address (Only if requested •Ph Y g 6. Signat r C( ddresse or Agent) and fee is paid) 19 a X � I 1 PS Form 3811, December 1994 _-_ — 102595-97-B-0179 Domestic Return Receipt ZONING BOARD OF APPEALS , •NEW YORK° TOWN OF SOUTIiOLD. x In the Matter of the Application of ` :R AFFIDAVIT .,IY,D,A ,CAS OF (Names of Applicants) MAILINGS :;. Parcel ID #1000- ... - COUNTY OF SUFFOLK) STATE OF Nl✓W YORK) „ Lorraine residing at 2140 Delmar DrI. , Laurel, Klopfer, .'. ,New York, being duly sworn, depose and say that: i' th da of 'November ,' 19 98 , I personally mailed at the United On the y "J New York, by CERTIFIED MAIL ; States Post Office in cutchogue " '.` , ' RETURN RECEIPT REQUESTED; a true copy of the attached Legal Notice in ::;,;i':::;;•,..::;:. County prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or (,) Real Property Office ,for every property which abuts and is across a public or private street o v iicular right-of-wa f record, surrounding the applicant's' property.-•` Sworn to bea this 30th day Ofer + 19 9 ; No Public) Motary Public State of ew SNAt No o20L2959600 Qualified in Suffolk Counti/V,•r`T Is ion kgs Ma's �' PLEASE list, on tlac�°gac�C o, flits Aff►dm4t or on a sheet of paper, the 1dt numbers next to flee owner names and addresses for which notices were n:alled Tl:ca<nk you. D L �DEEDE,b Luh' M Fe G EK> jr,vill".01-INOTICE �F HEARING. NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: LYDiiq LAYbA DATE OF PUBLIC HEARING: 6°55p.rn. llurs,) Deo.- iollqqg If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 IF I P P %1-' G 1\100 ,I c ej. r, 1 +100- 1 1 K. 1 1 r TOWN OF SOPTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. R 0 i 0 Dated :June e:6, 19.73 ACTION OF Tc:E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD DATE .Jai:j... 19, 173 To Appellant Pequash Avenue New YQrk at a meeting of the Zoning Board of Appeals on7aly 1+ �.973 , •' the appeal was considered and the action indicated below was taken on your ( ^) .Request for variance dueto lack of access to property ( ) Request for a special exception under the Zoning Ordinance Request for a variance to the Zoning Ordinance : 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 fo 2 35 P ePd o (E e Sa eT s) , upon application of Philip and Claire e Dieltz, P cquash 2-Wenue, Cutchogue, for a variance in accordance caro,;. s t.-4he r4bnin, 0rdananca, Article 111, Section 301 and they Schedule for ernt�.ss ion to divide praperi:Scheduley with IeS tla;a a:0q',:r.:S. -ed area and frontage; LoCation 02 property: wast £ ido sP. GCl'cassh Avenue, Ciii:C:hS7Cf' o,, bounded north by North Cross Road; c:aGt .by P ec,uash Av:::nue;o*�uth by Zdward Harveyl west by fit. and • e7 s liuA.j W( w Q:.i paid:65 . .00. • 2. VARIANCE. By resolution of the Board it was determined that „ (a) Strict application of the Ordinance (would) (would nor.) produce practical difficulties or unnecessary nardsinip 'because (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. same use district because ( '} ;'-Ae variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) c:.s..zbe tae character of the district because and ::Aarcforc, it :v7 ,,^.ar :her deteni-road that the requested variance ( ) be granted ( ) be denled ar., 2�,ter and inspe-ction the Board finds 'Chat aDplioant requesiCs perraission to d.`Lvide property with less t4jan requircd area -and frontage on the west tide of PequaZ: ,&i,yenue, Cutchogue. The findings of the Board are that-, Lajda, the purchaser, intends to keep this land as open a;pace. J The Board agrees with the reasoning of the applicant. 2L� -ter or thaa --d1'xision, the Dietz lot would be as large or ot;7.ers in tho area. .The a3oard linds th-at strict application of the Ordinance p--oduce p�'aatical W,Z:Ucultioz or UMIGOOSSZ-1rY hDr(LSI_'i' 'ia Up ad is unique and would not be shared by all rdijI im:oat� I ajj'4a JI -A tho immediat-o vicinitIr OZ this PrOPOrtY 4. in the vamei UaQ dim'�--Jc44; and. iwlm varimice will no"a 3 tl­a character oi! thoab naigoriloodi and Wij. 0 e v t sp 't of t4, r and Clai-e Dietz, Pequaska T -EM REF ORE - IT WAS PRESOINED, ?Ililip al 2weriva, Cut-cho-laO, to dividQ �y red area and frol e Oil the cu-cl-,ogue, , s applied for, and "-..zS. Lajda, to uaa 1 -1 -Us 10 U2:0 limp- D ;C90 -A1, 1i115se, thold Town Board of Appeals -13- July 199 1973 T ' CHA.IRMAN: Is there anyone present who wishes to peak against t is application? (There '�s no response.) After inves gat3.on and inspection the Boa finds that applicant requests rmission to set off exist' g dwelling on lot with insufficie t, area and frontage on the south side of Main Road, Cutchogue, New York. The find' gs of the Board are that the proposed lot uld be approxim ely one-third or less in size of the minimum r ui.rement un r the present Zoning Ordinance. Granting 'this ariance uld be exceeding the powers of the Board of Appea s. The Board finds that stri application of the Ordinance would not produce practical ffi ulties or unnecessary hardship; the hardship created is no unique nd would be shared by all properties alike in the edI_ to vi 'nity of this property; and in the same use distric ; and the vara nce will change the character of the nei orhood and will t observe the spirit of the Ordinance. OZnsufficient,area Mr-�Gillispie, seconded by Bergen, it was Rlchet Corporation, Pequash Avenu Cutchogue, New YoED permission to set off existing welling on lot wiand frontage, located on a south aide o, Cutchogue, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,\Hulse, PUBLIC HEARING: 'Appeal No. 1810 - 8:35 P.M- .(E.S.T-), upon application of Philip and Claire Dietzp Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. SG121 PT Southold Town Board of Appeals -14- July 19, 1973 THE CHAIRMAN: The survey indicates that the block on which the Dietz's live is fully developed in lots the approximate size of the Dietz house lot. The Dietz house lot is a little larger than those of,,adjoining property owners. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I think from what you have heard, it is pretty much a swap. Under the present Ordinance sub -standard lots are less than 40,000 sq. ft. The Lajda lot is No. 22 and is approximately 150' x 135'. The Dietz lot is approximately 1551-x 2041. What we would want to do is to make the Dietz property a little smaller and the Lajda property a little larger, not changing the character of the district. The residential part of the Dietz property would remain 155' x 1001. What we are really doing is shaving off the southern part of the Dietz property and adding it to the Lajda property. It would give road frontage on Fleet's Neck Road and Eastwood Drive. They would be the same size as the remaining lots. Mr. Dietz said these two lots were bought at the samo time. THE CHAIRMAN: -All of the lots remaining on this block are improved. This is the last vacant lot on the block and the Dietz house is on tha corner. THE CHAIRMAN: hs there anyone else who'wishes to speak for this application? MR. PHILIP DIETZ: I would like to tell you that across the street, east of Pequash Avenue, many of the houses are on 50 foot lots. MR. BRUER: Directly across the street there is an open lot subdivided into lots. THE CHAIRMAN: I;,think you also said that the buyer, Mr. Lajda, proposes to keep this as open space. MR. S. LAJDA: The full.intention is to keep it as open space but it would be.nice to have the knowledge that some day it would be possible to resell it. MR. BRUERs I don't think there is any intent at this time to sell. THE CHAIRMAN: It would seem only fair to include in the Action the privilege of building on this lot, at some time in the future. Southold Town Board of Appeals -15- July 19, 1973 MR, BRUER: I would formally request that that be part of the Action. It would:be the only vacant lot. MR. FRED HULSE, JR.: I don't understand why this should be done. THE CHAIRMAN: It is surrounded by lots of a similar size. To deny, would be a hardship. One of the reasons for the Board of Appeals is to grant relief. MR. HULSE: I think we are cutting it down too small. THE CHAIRMAN: You are against dividing it at all? MR. HULSE: It may be less than 100 feet. MR. BRUER: It would be 1014 feet x 155 feet. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with less than required area and frontage on the west side of Pequash Avenue, Cutchogue. The findings of the Board are that Mr. Lajda, the purchaser, intends to keep this land as open space. The Board agrees with the;reasoning of the applicant. After division, the Dietz lot would be as large or larger than others in the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance.. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Philipiand Claire Dietz, Pequash Avenue, Cutchogue, New York, be GRANTED permission to divide property with less than required area and frontage on the west side of Pequash Avenue, Cutchogue, as applied for, and permission is granted for purchaser., S. Lajda, to use this lot as a building lot at some future time. Vote of'the Board: Ayes:- Messrs: Gillispie, Bergeng Grigonis. Abstaining: Mr, Fred Hulse, Jr. C TOWN DF" �SvlJTNfJL O IV �5calc 60'2=1 I,/ 4-lolalp'112710Y)Plel-c-o�la /Ale 71, c-, V<< y f', / Alo v va"', 1'0 -