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HomeMy WebLinkAbout4541 r �/�1 ✓tee APPEALS BOARD MEMBERS �gOFFO(/rCOG Southold Town Hall Gerard P. Goehringer, Chairman c y` 53095 Main Road James Dinizio,Jr. W P.O. Box 1179 Lydia A. Tortora O ac Southold,New York 11971 Lora S. Collins y O` ZBA Fax (516) 765-9064 George Homing �a Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. #4541 - RUTH I.EONARD PARCEL: 1000-78-7-38 as one lot Adjoining Lot is identified as 1000-78-7-39 STREET & LOCALITY: 755 and 795 Case Drive, Southold. DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT PROPERTY DESCRIPTION/FACTS: The application and photocopy of survey prepared by Otto VanTuyl, surveyor, dated June 20, 1963 indicates the following property facts with regard to the subject property (pending building permit application with the Building Department) : a) the subject Lot 38 is shown 75 feet wide along Cedar Lane and 265 feet in depth, which dimensions follow the original perimeter as per deed establishing the lot lines at the time of its creation, evidenced by January 26, 1954 Deed at Liber 3660 page 90 dated and Deed dated May 1974 at Liber 7641 page 473; b) the subject lot contains 19,875+- sq. ft. in area and is unimproved, vacant land. REQUEST BY APPLICANT: Request for Grant of a Waiver as provided by Section 100-26 for Lot identified on the County Tax Maps as District 1000, Section 78, Block 7, Lot 38, which dimensions are confirmed by deed dated January 26, 1954. The adjoining lot (1000-78-7-39) was created by Deed at Liber 2885 page 195 dated October 9, 1948, consists of 19,875+- sq. ft. and lot width of 75 feet, and is improved with an existing single-family dwelling (constructed in about 1965) . BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 7, 1998, which reads as follows: "Both parcels being located in an R40 Zone: Tax Map #1000- 78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C. . . See attached determination by Town Attorney. . . ." Page 2 - Appl. #4541 (Leonard) Parcel ID 1000-78-7-38 (and 39) ZBA Meeting of February 26, 1998 REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1 . Merger of lots #38 and #39 occurred upon the death of the applicant's (Ruth Leonard f/k/a Peck) husband on March 26, 1996. Prior to that and for a period of 22 years, the lots were maintained in separate ownership. Since 1974, vacant lot #38 has been owned by Ruth Leonard, and the improved lot #39 was owned by Ruth Leonard and Alexander Peck as joint tenants with right of survivorship. Upon Mr. Peck's death in 1996, his ownership interest in lot #39 automatically passed to his wife, Ruth Leonard, and the two lots merged pursuant to section 100-25 of the town code. 2. by way of attorney, applicant submitted a review of the approximate sizes of 16 lots on Cedar Drive, which incorrectly calculated the two individual lot sizes of the applicant's merged 39,750 sq. ft. lot, and excluded lots #30.1 and #29, which also have street frontage on Cedar Drive. 3. Accordingly, the Board finds that there are presently 17 lots on Cedar Drive. Nine lots #29, #30.1, #36, #42, #41 .5, #40, #41, #5, and merged Lots #38 and #39, are larger than the two 19,875 sq. ft. lots that would be created by grant of a waiver of merger. One lot, #37, is identical in size (19,875 sq. ft. ) . Seven lots, #1, #2, #3, #6, #7, #8, and #35 are smaller than 19,875 sq. ft. 4. The neighborhood is developed. Of the 17 lots, all are improved with single-family residences, except lot #5 which is vacant. Lot sizes range from 10,800 sq. ft. to 53,000 sq. ft. on Cedar Drive. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the Waiver in accordance with the application for the following reasons: 1 . The two lots were carefully maintained as separate entities for 22 years, and merger occurred inadvertently by death of the applicant's husband in 1996. 2. The waiver will not result in a significant increase in the density of the neighborhood because with the exception of one vacant lot, all of the remaining lots on Cedar Drive are improved with single-family dwellings. 3. The waiver would recognize a lot that is consistent with and exceeds the size of 47 percent of the lots on Cedar Drive. 4. The waiver would recognize the original lot lines created by deed. Page 3 - Appl. #4541 (Leonard) Parcel ID 1000-78-7-38 (and 39) ZBA Meeting of February 26, 1998 5. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, nor will there be a substantial filling of land affecting nearby environmental or flood areas. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins and Horning. This u on :;w�a ly opt i GERART P. GO HRIN GER, AIRMAN AS400/Actions.all/78-7-38 TV r, ` T• BY i Town of Southold LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26, 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 FEBRUARY 26 1998 at the time noted below (or as soon thereafter as possible): 6:35 p.m. Appl. No. 4545 - RONALD J. YEDLOUTSCHNIG. Request for Variance regarding "as built" (existing) location of open deck addition for which an application for a building permit was disapproved by the building inspector on January 29, 1998 and which' Disapproval reads as follows: "...under Article XJUV, Section 100-244B for non-conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-a Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non-conforming setback of 42 ft. +-. Action required by the Board of Appeals. . .." Location of Property: 250 Jernick Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: 20,586 sf. 6:40 p.m. Appl. No. 4546 HERBERT SCANNELL and SARAH REETZ. Request for Variance based upon the February 2, 1998 Building I Page - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals inspector's Notice of Disapproval (and Stop Work order) regarding pending Building Permit No. 24471Z and reconstruction and replacement of single-family dwelling with nonconforming setbacks, Article ' XXIV, Section 100-242 ` (ref. setbacks under Section 100-244B) of the Zoning Code_ Location of Property: 955 Cove Circle, Greenport; CTM" #1000-49-1-16 and`17 (as one lot). Lot size: .69 of an acre. 6:45 p.m. Appl. No. 4538 - MICHAEL RAND. Request for Variances based upon the December 29, 1997 Notice of Disapproval regarding a building permit application to construct a three-car accessory garage, which reads as follows: °. . .Under Article IIIA, Section 100-30A.4 accessory buildings are to be located in the required rear yard. Since SCTM 41000-14-2-10 and #1000-14-2-11 also known as Petty Bight Subdivision Lots 12 and 13 have been merged as per owner's request, the proposed three-car accessory garage with storage above is located in the side yard of the principal dwelling. Location of Property: 1275 Bight Road, Orient; County Parcel ID 1000-14-2-10 and 11. Lot size: 85,115 sf. 6:55 P.M. Appl. No. 4541 - RUTH LEONARD. Request for a Waiver under Article II, Section 100-26 based upon the Building Inspector's January 7, 1998 Notice of Disapproval which reads as follows: ". . .Both parcels being located in an R4o Zone: Tag Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C... See attached Page -3 - Legal Notice Meeting of February 26, 1998 Southold Town. Board of Appeals determination by Town Attorney. ...° 755 and 795 Cedar Drive, Southold, NY. 7:00 p.m. Appl. No_ 4540 MELISSA SPIRO_ Request for a Waiver under Article II, Section 100-26 based upon the building Inspector`s January 6, 1998 Notice of Disapproval which reads as follows: '. . .Both parcels being located in an R40 Zone, Tag Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These parcels do not meet with the exceptions as specified under Article II i00-25c. . . Note: See attached determnation by Town Attorney which states that lots are not excepted . . .." Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 11.2 of 40,000 sf. has a 1979 approval under Board of Appeals #2554 (Moebious Asssociates Minor Subdivision). 7:05 p.m. Appl. No. 4543 - ALICE KONTOKOSTA. Request for a Variance based upon the Building inspector's December 24, 1997 Notice of Disapproval which states that °. . .application dated November 17,_1997 for a permit to replace an existing dwelling is disapproved on the following grounds: the existing nonconforming building contain a nonconforming use if damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantialy to conform to the height and yard requirements of the bulk schedule, Article XXIV, Section 100-242B-1. (Ref. all setbacks under 100-244 and 1(30-239.4A). Page Y- Legal Notice Meeting of February-'26, 1998 Southold Town Board of Appeals Location of Property: 54155 C.R. 48, Greenport, NY; : parcel ID 410 r0-52-1-2. 7:15 p.m. Appi_ No. 4537 - REQUEST BY SOUTHOLD TOWN BUILDING DEPARTMENT dated January 6, , 1998 for "Generic Town Wide Interpretation" with the following questions: "Is a sculpture a "building" under the Code Definitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply...?" 7:40 p.m. Appl. No. 4466 HAY HARBOR CLUB, Fishers Island, continued hearing at request of applicant's attorney. 8:10 p.m. Appl. No. 4535 WILLIAM and PATRICIA MOORE as contract vendees. Request for Special Exception under Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1000-70-2-8. Zone District: Residential-Office_ 8:15 p.m. Appl. No. 4535 - INDEPE I)ET, ;ll>OL`p HOME LIVING PROGRAM, INC. (Verbatim portion was concluded on 1122/98. Proposed Resolution to close the written portion of this record_ 51550 Main Road, Southold, NY; 10o0-61-3-1. Page ,�) - Legal 'Notice Meeting of February 26, 1998 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all Persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing ends. The hearing will not start earlier than designated- The file is available for review during Town Hall business hours (8-4 p.m.) If you have questions, please do not hesitate to call 765-1809. Dated: February 10, 1998. BY ORDER. OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman x \� �y TOWN OF SOUTHOLD BUILDING DEPARTMENT r a soDTHo1.n, N-Y. NOTICE OF DISAPPROVAL _ ..._. . -.:. ... . DATE: January 7, 1998 To Deborah 'Doty, Esq. A/C Leonard P.O. Box 1181 Cutchopue, New York I1935. . .. .. . . . . ... PLEASE TAKE NOTICE that your application dated _ December _11, 19 97 for permit to Determination of merger P .. • --`-- •..... . . .. .. . . . . .... .. .. at Location of Property- 755-fi 795 Cedar Drive Southold ... .. . . .. . . . . . . .. . .... .. ...... . . . . ..... . .. . . . . House No. Street Hamlet County'Tax Map No. 1000 —Section 78 . . .. .. 07 . .. LOT 38 & 39 . Subdivision .- -- - - - - - -- - - - - -- - ---- - - - - - - - - - - Filed Map No. . . ... . . . .Lot No. is returned herewith and disapproved on the following Both parcels being PP g..grounds '.._ . .. . . . . . . . . . . . . . located- in an R40 onex Tax Map # 78-07-38 and 78-07-39 are merged_ These uarcels . . ... . do ACT. Mgt w tb the ezceptions _as specified under Article II. 100-25C. Action regp}red by the Zoning.•Board of APR, aA sq __ Ate;_ • Se-e, ,attached determination by, Toraa Attorney, . . ._. . . . . . . ... . . .. . .. . B 3LDI INSPECTOR RV 1/80 MIMI NO. I� I TOWN OF SOUTHOLE? BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined .. .,, ew- l�2 n d . „. l9.rr .`1' Application No 6 Approved ........... ............................. .� 19.......:Permit No. ......... . -.;,„�" Disapproved a/c ......... .I....... .... .....:... .... . ........... ....,... uildmg insp tor)' APPLICATION FOR BUILDING PERM IT MiT Date ........................... - .?..:.... .......... 19 �.4...:.. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving o detailed description of layout of property must be drown on the diagram which is part of this;application. c. - The work covered by this application may not be commenced before issuance of Building Permit, d. Upon approval of this application, the Building inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION iS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described: The applicant agrees to comply with all applicable lows, ordinances, buuilding/code anand regulations, ......d.'62. 'iF.?�.J J,/.......t..C�7YlN✓✓..� ........ '.. (Sigrtature of applicant or name, if a corporation) .... LfWr....... f4.Xej' c.''/ .........�X.T. a?.�.�i..:...... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Q.tw:.P hi? ........................ ....................................... ................................. ...... Name of owner of premises ...A&T..U.u2.....0..,:J.{fl ij�??✓„t lr'12.: ......... ......... .........: If applicant is a corporate, signature of duly authorized officer. .... ......... ........ (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No: ..... ,✓,LrW .... Lot No: Street and Number E lt1 . /ktrh ...k ? cyf «r �iR?7! ? hXt'ld �.l k?,.tG7cl az r�1 .!!2dt3 .t.t...ljA..YVI�w r{lj ......... ......... Municipality 2. State existing use and occupancy of,premises,and intended use and occupancy of proposed construction: a. Existing use and occupancy ...I/P.N?4 nAtit..A.M�it.....:. b. intended use and occupancy A-A:m.spi „. ; $� , Q ..... .... 3. Nature of work•(check which app. _able): New Building ................... Addit, ....... ."'...... Alteration .................. Repair .. ......,....Removal .................... Demolition..... ......... Other Work (Describe) ...................................... 4.- Estimated Cost f ...%.................. . .... ::: . .......Fee ..... ......,. . .. ...................................................I Eto be paid on filing this application) 5. If dwelling, number of dwelling units ............................Number of dwelling units orn eaq hwfloor :........ Ifgarage, number of cars ..anti ....... ........ . ........................................ ........ .......,..............................I 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ........I....................... 7. Dimensions of existing structures, if any: Front ........i:................ Rear ....Di ............. Depth a.:.... .......:. Height ..... e . f c........ Number of Stories .... ....................... ...........................,.......,.... ......... ..,...... Dimensions of some structure with alterations or additions: Front ......... ..•.......... Rear Depth .. �.`................... Height ......f P Number of Stones / $. Dimensions of entire new construction. Front ........Gz ......... Rear ........ ............... Depth ..... ........ Height .......fa..... Number of Stones ........ 9. Size of lot Front ........7s..`.............. Rear.........7:s-............. Depth .....�1A. ....... 10. Date of Purchase ,Aul&....4,r••%`tkj� ......... .........Name of Former Owner.!-.St& l rOW?'.,41:;1 ................. 11. Zone or use district in which premises are situated..... ......... ......... 12. Does proposed construction violate any zoning law, ordinance or regulation? ... .............................................1 13. Name of Owner of premirseslztl Ail .f[,.13/2MdK.I! xtz!4...Address ..:..G.1i,.!'AAL..�7 :':it,••••••••••••• Phone No,-'.l�.:'...J7flk.�- Name of Architect ......................... ...:. . ..............Address :..... ...•..... ..............I Phone No. .... ......... Name of Contractor .......... ........ . ...7...., ..... ....Address ............................................ Phone No. .... ......... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines; Give street and block numbers or description according to deed, and show Street homes and indicate whether int rior or corner lot. � Y _z 0�r9'C r n 4 J ... y ( 4 I l 1 '--4r STATE OF NEW OR S.S. - COUNTY OF . I. . ,,.. ,.... .......... ... being duly.sworn, deposes and Says that he is the applicant (Name of individual signing application) above named. He is the .............. ..... .....; ........ ........... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly, authorized to perform, or have performed the said work and to make and file this application, that all statements contained in this application ore: true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to befo me this r ........ . ;7.... ..... day of . .. z .... ..........I............... Notary Public;/q.a .t-4/art..... ......��Y n`;'7»�aurttY a� (Signature of applicant) no.' o. 52 3233120 Sc£taik Covent Jerm kxpires Marcie 3tl, 19�y;'� L 14131�p APPLICATION FOR WAIVER UNDER SECTION 100- 6 JAN 3 1 au, "d �5gf This review is for lots which have separate deeds recorded prior to 1933 and undersized. A merger determination has bejj)W6 erKdSdwnujd the Town Building Inspector (copy attached) 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 78 7 - 38 & 39 I (we ) , Ruth L. Peck (a/k/a Ruth P. Leonard) , as owners of the contiguous lots shown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II ,. Section 100-26 of the Southold Town Zoning Code. I hereby, submit all of the following documents for reliance by the Town of Southold in making this review determination:. 1 . Copies of my recent tax bill for both (all ) lots . 2. Copies of deeds dated prior to June 30 , 1983 for all lots. 3 . Copies of current deeds of the parcels under review. 4 . Copy of the current County Tax Map for my neighborhood . S . $,150. 00 application check which is not refundable if this waiver is denied, 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 . y �p (Applicant and owner) Sworn to before me this 2o74 day of January 19.98_ DEBDRAHDOTY WolNo.02yD04829478tsute of No Yak Notary public �f Coamwon Expires febnrg?AMI/ A waiver is hereby approved denied (delete appropriate action)" based upon the above documentation . . Issued by Reasons for application ('}to ,continue on ;.next page)-- , _ t' i , rt �.y , 3) i e g X 3) s.Ak}6,4 zbata w.l• J}' Ly y,va4 '. y� f 1.=sl •.Gy e7 ld ,'! .d ph n § v N dY1 w t i "'tr i fi°t�h+C�Yi��Y' ,ki'�. .>....._ s 13'�'i�`�� ^� �iA�i i�`�".`•� 7c��py�,, ¢;�r�. .`fr�'la"��'fi'�� � ._. � __ APPLICANT'S REASON#1: The two lots were purchased the day before the applicant and her late husband were married in 1974. Care was, taken to insure that the lots would remain separate. Lot#39 on which the house stands was purchased in the applicant's name andher husband's name as joint tenants. The vacant land(lot#38)was purchased in the applicant's name alone. The applicant and her husband wanted to keep the lots separate because they considered the vacant lot as their retirement"nest egg." They wanted to be able to sell that lot in the event that they needed money during their later years. The lots were maintained as separate entities throughout their almost 22-year marriage. On March 26, 1996,Alexander Peck passed away. Because the house lot(#39)was in joint names with right of survivorship,Mr.Peck's ownership interest in that lot automatically passed to the applicant upon his death and the applicant became sole owner of lot#39. The applicant continues to own the vacant lot(938)in her name alone. The applicant recently spoke with her new attorney about preparing a new will and possibly selling or bequeathing the vacant lot separately from the house lot. At that time,the applicant first learned that,despite careful efforts to maintain the two lots as separate entities,the two lots had merged pursuant to the provisions of§100-25 of the Town Code. As a result,the applicant no longer has the option of selling the vacant land should she need money to live on during her lifetime. APPLICANT'S REASON#2: Of the approximately 15'lots on Cedar Drive,only two lots are vacant;to wit: the applicant's vacant lot 938 and lot 95. All of the other lots(including the 7 smaller lots)already are developed. Inasmuch as the neighborhood is almost completely developed,the waiver would not result in a significant increase in density. Using the dimensions printed on the Suffolk County Tax Map,applicant's lots as separate lots are the 6' and 7a° largest lots in the neighborhood. In fact,there are six lots with areas of 12,000 sq feet or less. 442 = 53,000 sq ft #1 15,840 sq ft #36 = 36,570 sq ft #2 = 12,000 sq ft 440 = 30,475 sq ft #3 = 12,000 sq ft #41 = 26,750 sq ft #6 = 12,000 sq ft #5 = 24,000 sq ft #7 12,000 sq ft #39 = 19,875 sq ft #8 = 12,000 sq ft #38 = 19,875 sq,ft 435 = 10,800 sq ft 437 19,875 sq ft j Accordingly,the size of the two subject lots as separate parcels is wholly consistent with the size of the other lots in the neighborhood. It is not envisioned that there will be any significant change or alteration of the natural details and character of the contours and slopes of the lot. There would be no substantial filling of land affecting nearby environmental or flood areas. I nuRe mr As stated above,if -, ,werzno granted applicant will be deprived of her ability to sell the vacant land separately if she should need money during her retirement. Rather,she might be forced to sell both her home and her land. The denial of a waiver would impose substantial economic and emotional hardship on the applicant. 1 Not included are#45,1 (31,031 sq ft),#30.1 (22,880 sq ft)and#29(20,800 sq ft)which front on other streets. i ,. ,.... _., . ,. - , r n ., , .F . .. ,. •v .. �,t�3 a xf n a .u;;t er+,ate. � :.r�.✓ r ,-. :�.� .z ,� .is'1�S§t9a�Td4, 'i'OliV9V QE SQµI!?�-1OLd PROPERTY RECORD Ca49tD OWNER J, STREET VILLAGE DISTRICT SUB. LOT RQ 7 v 41-2 �., . .. FORMER OWNER N E ACREAGE Sr W r /I TYPE OF BUILDING ' RES. SEAS. VL FARM GOMM. IND ; ? C$. ) MISC. Est. Mkt. Value LAND IMP. TOTALi DATE REMARKS .. Toy 3 ZZ6Svf1 /4 z �"xa 7, 3 -e; z 10zv ev&PO-"ft"`/"?L-o 7 p u 31 uvJ r 4�f��-r� r /7 p// 2P rz7, i� l`�d/ L� SAGE �3 a u _. a.P .e �C , S u "— z�`�l`r BUILDING CON IUN ay 7�'% ,•9•c�c(: �T;e.✓ `�C a e s. .� c 2`i�3"�y I( NEW NORMAL BELOW ABOVE FRONTAGE ON WATER I Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 '— — -- DOCK Tillable 3 T_ Woodland W Swampland i Brushland House Plot I Total t u 4- h -- F A Bldg. � �� �cJL4�.Eoundation ('t/'u Bath i _ - — Extension — i ,/ 1 Basement Floors e E t 2- ¢ — �;qa� Ext. Walls a Z l(� Interior Finish 7 f` xst°n19liLx/9_ � __ -- -�9� - Extension I Fire Place _.,.j_._ Heat -- .., i Porch Roof Type Porch Rooms }st Floor Breezi2we + T, r -- Patio _ — Rooms 2nd Floor Dormer Garage 1. /�, z .', ? ( • i jo c �, �. Driveway _ 2�= —'f -- -- - _— O. B. /dz l� l... j U / /a f��Ei B. TOWN" OF SOUTH( L1) FTROPERTY RE O CARD � STREET VILLAGE DISTRICT SUB. LOT IL - ----- — WNER r N E - -_ ,� --- ----- --- rrz _7G ,? `�-w'I if 7_ ZAP f� rr-��' 'ACREAGE s S W \ , , TYPE OF BUILDING � XYG1l�r�.1 Nc7 ' SEAS.t- tT FARM GOMM. I IND, I CB. _ I MISC. I Est. MI<t. \ IMP, DATE REMARKS - ---s y �. E 5//8 7 u d 4 1a : a._ —._ •;.. -- �-7 — ' 1 7G Sf —�_7 :: _A. ern dr,✓7��f/a' [3 BUILDING CONDITION —NORMAL - - BELOW ABOVE FRONTAGE ON WATER ---- - Acre _� — - -- :- Value Per Acre .______._ Value f�RONTAGE ON ROAD BULKHEAD DOCK 1-layyti -t'ductt�geY . �,, j .. \MaP o� LAND � I ` f I SURVEYc(� FG+� � ad C a.... ..� 6 Q A-r io U Town op N.Fi6 20W. Fsr,u p p� G1Au�ur +4er`: i A t hilt Wa1 1b -YU + ~` } o 1YoN_ LiCer! 5etl �c C = lots of same or smaller area than 78-7-39 or 38 01"� ,k.. E3q W 5.1.3Aic1 I1.2 ��.-,_ _ 2G SUFFOLK LK I ,� •/y '� Ltv�`/ 31 c :19 J 15 r6.2 I to `9AYVIE✓.' •,20Yo ' t+a I -J6 �'� 41•� 42 r, < „3 f cag.S; w r'? d f I/1 4rCJl l \� •1� '32a 71/ trt, 'I I .� IBAr 1 W i0fry �I I 1.� �•� ��� �-f/ qp ; loourNOLo J r I 51 h<5�` q '/ •f 8 \ I S1 ``� 32.b L $.I 4,^. 1145' d4 ^O/ r� oA 4;a�j 43 l�~ 55 Arc ?r 3.•s ��H O � : l� ~ `l r �IBE2TY, 41 W. SJfl hl�)3 2.7 / /. v / ¢„ , e <•l+'1 ( 2 .2 a IF) ((q/ 'SUMMIT Rp.Yak 2s iE1 3e 'I' �fL1 );.; QI LGq I e0 . 14 i' 4Y G.r. a I/� 6 4 i 5 A r u, 4 r 4_ 4 i 3 - .r 82 �N - � .3 • 1 (c; < •� DES f0 IT n ( CC 11 { •� /s < 6g >' s e rsoL '.. ~\ .^ FOR apKC rt 1 p t pccwl T.I.ubE, PgpnE9i:f9 *'= 9 8J � ' IBC SFE SF.. = CI GqE N tN1Y l E FOLLVHING eanao TfP Y P'IRiIV O( .IC Rf 29 5 HYDAAA'T CL CJUM Y !4S MFP IS YNL tlll.p LIANC • [ 'U py owssMiUN nE Nt W:TEA ICC IGCNCY gEFJEE KEY MAP i DES aTo 0-1 : o © COUNTY OF' SUFFOLK TOWN OF SOUTHOLD _ SECTIONN: 7 o zoo 1l; _ me� o>e oiP SCn_E P,FEET ^ Real Property TpX Service Agency VILLAGE OF O � ` Al,, oaf. Deli ..a Co Fly Center I OOO o DISTRICT N0, APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman c y1 53095 Main Road James Dinizio,Jr. y x P.O. Box 1179 Southold,New York 11971 Lydia A.Tortora • Lora S. Collins O� ZBA Fax (516)765-9064 George Horning �� �� Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March '2, 1998 Deborah Doty, Esq. 670 West Creek Avenue Cutchogue, NY 11935 Re: Appl. #4541 - Waiver (Leonard) Dear Ms. Doty: Enclosed please find a copy of the. Appeals Board's determination adopted at a Regular Board Meeting held February 26, 1998 meeting. A copy has been furnished to the Building Department as an update to the pending application for a building permit. Please contact their office directly once you have obtained the other documentation necessary by the Building Department and for issuance of a building permit_ Very truly yours, Linda Kowalski Attachment (2/26/98 Decision) Original Decision filed with Town Clerk's Office DEBORAH DOTY � ---- t7 ATTORNEY AT LAW 670 WEST CREEK AVENUE (�J P.O.Box 1181 ` FEB 2 6 ia4 CUTCHOGUE,NY 11935-0876 1 i FAx 516-734-7702 516-734-6648 ---- February 26, 1998 BY HAND Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 J RE: Waiver of Merger: SCTM # 1000-78-7-38 & 39 (Leonard a/k/a Peck); Appl. No. 4541 Dear Members of the Board: The Affidavit of Mailing and Certified Mail Receipts previously were submitted to the Board. Attached please find the Affidavit of Posting and the Return Receipts which have been received in connection with the mailing of the legal notice. The Return Receipt from Steve Cherov has not been returned. Very truly yours, Deborah Doty Encls. DD:bdr DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 Fnx 516-734-7702 516-73476648ff CC a MAR I '8 March 17, 1998 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Waiver of Merger: SCTM # 1000-78-7-38 & 39 (Leonard a/k/a Peck); Appl. No. 4541 Dear Members of the Board: Enclosed please find the Return Receipt from Steve Cherov which was received by my office in today's mail. Very truly yours, Deborah Doty Encl. DD:bdr Jill DI/ FEB 2 B 190- BOARD OF APPEALS; TOWN OF SOUTHOLD ---------------------------------------------------------------------x IN THE MATTER OF THE APPLICATION OF RUTH LEONARD (Appl. No. 4541) ---------------------------------------------------------------------x AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss.. _ COUNTY OF SUFFOLK ) I, Deborah Doty, residing at Cutchogue, NY, being duly sworn, depose and say: That on the 16t' day of February, 1998, I personally posted the property identified as District 1000, Section 78, Block 7, Lots 38 & 39, by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way); that because the poster was destroyed by a rain storm, on the 19h day of February, 1998, I personally posted the property identified as District 1000, Section 78, Block 7, Lots 38 & 39, by placing the Town's official poster ten(10) feet, or closer, from the property line facing the street (or facing the right-of-way); and that I checked to be sure the poster has remained in place at least seven(7) days prior to the date of the public hearing (date of hearing noted thereon to be held February 26, 1998). Dated: February 26, 1998 DEB DOTY Sworn to before me this 26`h day of February, 1998 Notary PAlic LINDA J.COOPER Notary Public,State of New York No.4822563,Suffolk County Terms Expires December 31,19-- le Aelow) �r-r3��15 4r PLANNING BOARD MEMBERS .Z.� G Z` Town Hall, 53095 Main Road BENNETT ORLOWSKI,JR. y - P.O.Box 1179 Chairman �y � Southold,New York 11971 WILLIAM J.CREMERS � • � Fax(516) 765-3136 GEORGE RITCHIE LATHAMNNETH L. S JR. y��l �aO� Telephone(516) 765-1938 RICHARD G.WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD- M 2. 5 TO: Zoning Board of Appeals FROM: Robert G. Kassner, Site Plan Reviewer RE: Request for comments from the ZBA DATE: February 24, 1998 The Planning Board reviewed your request for comments at yesterday's work session_. Please find the Boards comments in regard to the items scheduled on the Zoning Board's February 26, 1998, meeting below: R.`Leonard SCTM# 1000-78-7-38 & 39 The Planning Board does not have any records on this property. M. Spiro & Others SCTM# 1000-110-6-11.2 & 5 The Planning Board has a file showing the approval on November 8, 1979, of a.three lot minor subdivision. Lot # 11.2 is lot # 2 in this subdivision. T. McCarthy SCTM# 1000-70-2-8 _. -The Planning Board had received a request of site plan waiver from the contract vendee, (Patrica & William Moore) . The Board has agreed to the waiver request if the applicant will pave and mark the handicapped parking space and install bumper stops in the parking lot. T. Petikas SCTM# 1000-35-1-8 The Planning Board has a file on _this applicant.- The file references a Zoning Board action of August 22, 1985 & Planning Board correspondence regarding a preliminary site plan. Tonyes Realty Corp.. SCTM# 1000-61-4-23 The Planning Board does not have a site plan application for the proposed addition. . This is a non-conforming use in the Hamlet Business (HB) - District. The Zoning .Code does not allow a non-conforming use to be enlarged. Section 100-241'_(A.) of the Zoning Code specifically states that a - non-conforming use may continue indefinitely, except "that "(it) shall not be enlarged, altered, extended, reconstructed or restored. . . nor shall any external evidence of such use be increased by any means whatsoever." The Planning Board is ,not in favor of this request. — -- _. _ :F.:-�•x�I.�Trre+z ;:�..-^,�^."�.r�raMl'.'�RI aS.�':^.^r,Flu'" 7�!�, I' ZBti— wwr]rurm A Naunplff 4r•4 . . rite Yuji C6vnu11..1114IrWua1, JULIU./LUX.RXp,INC..LAW/LANI(PYLLUNq. ' 7I/.OA4W4 V AN./R.Cv"k ST..AUS YQRK ISNI U6EA3660 PAGE 90 u.s.0-S .4;l j to P Made the o?�o Y' a day of January, nineteen hundred and 6lty-tour, • etnaeen : , HARRY T I?;� , Or.8e -69 Talbot Street, Kew G��dega, 4uaega County NoM York, Party of the first part, and PTO^gPH P. TdUsIMER LSIE MUSINGaR, his wife, of 7E-n Uense street, J Pbre¢t Hll]s; Queana Gountlr! NOIN York, as tenants by the entirety, part ies of the second pfrt, � I p. fdaR to1 Wrt y of the first part,inconsideration of ........•..Tr...�'...�.. "ONE .. .r................ r. 1lwfttl stoney pf'he Upfted States .--- "" Aolier , j i , and othor good.and vuluable conaideratfon,'• 4 paid by the part iga of(44econd parR do it# bets6y,erRpt anti reieasq ugto the,parties Olt he sacvnr{part, ''' �► Y1D their heirs; and agigns forever., ' gg that trract, parcelor i s 1 ' 6Ptltt �d!'County qr Sufrol{t an Sttitof land situate ut say View, In the, bwn�or. and deaci'lbed u Qf New Ymrk, and being partipulsrly bounQpd ' t3 rogaWei* — lendaphafietorNNING oretho southeaeterly corner, thereof and bping the p'. thoaater j c nveyed`by`Julius Zebrp i to Jp e. lY tprner•;pr '• :;� olnt q a Ah Fr Tausinger and Oro, and which` p f bgglMing is digt#.nt 7p7•op,rget front the Point'of intersection rout► by'tho • ' wastarly litre or Cedar Lane and the nortparly line or $ay View 8oad measured el M. westerly lina'of Cedar Lane on a course running S. 2'Ho p5t 30R �I.; running thence it;ha ` ' general wastarly direction and along the northerly line of lends heretofore Por►voycrd to thene 'P. luµeinger and w3te, N. p6o tot tJ. Q dlstonco or E66 feet to a paint; running ' ' j Wit a }n a general northerly OPIPOtioq and alpng sand¢ or Jul}ua 4obroaki N. R6o running Ott i;, w'dlatane or 76 feet tp'6'polnt;'thence running in a general easterly direction i ov alor;g land of Julius 2abroak; and pua.allol to the northerly b horetorora pon>leyed to Joeeph p' Teusi Y oundery line or the.lands to the westerly lino or Cedar lane; thence running in a general ral B. a distence 'of 265 root ij the westerly !ne r said cad LtLne S. Ebo 04t running Baneral southerly direction•plong 1 } p w0 B. a distance or 76 rest to the point I " or placg Qf aot3lnning. i 1004THA with pil the right, title en j and to !;sour ZAt a lying i d 414Peat of the party or the first part of, in line t y In i'ront of and'adjacent to the said promises 'Lino to the center tt►Qrear. ' '1oCs�'H� 4�ith � rlght�pr+ • . ; View Rood .to Cctr ty` r irraBs andLgtecs to Coreyss Creek leading from Bey at Hal on J� Aink­eCt.s Creek,..eH, 'rututing along the lands of Godrr(W Koko Estate and lends PUMIng al eWe being one'(1) rod in q}dth, said right of way more particylerly 'the westerly line pr the lands now or former]y of podfruy Kok' S. #rl26o 16t'. lostii. a dLatancg oi' 466r87 feet r:o the northeasterly cprner or the lands or Hal en Flak; Chance b or, slog the northerly side of aaid:lenas of- 4elen Fink U. E6o 301 W. a dlsthnce of 60 fact; thence along the westerly bide pr esid lands or Helen Fink S. 18v P1� H. a dlatence pf 100 foals tore or least 'to Coiigyts Creak. 8aing and !!!Canoed to b9 the same pramises ccnveyad by Julius Zebrotakl to Harry orrit:t In by-dried doted Optober 8th, 1848, raid,recovded-4 the Surfolk•County Clerks office In Mbar E'd66 af.deeda r., page`ld9 pt} Octobpr.l8,'18g8 l,pl P.11, �f` air:• i 'J:...., :F} ',.y: .j. .L� i. -- 't s i� f r tE",'''LrF I 1. .}F.ir�••'..•.��a_ri mil. .� .'r`�--_ t - - —'_ LIBER3660 PAGE 9 3 ilk; � ' •. • ' i; - •�. I ,'' it (�OQtItJfC with the appurtenances and all the estate and rights of the party of the first part in and !. . to said premises. ; 14 fro IJobt ACID t0 IJolb the premises_ herein granted unto the part 1913. of the second part; ftheir'heirs and assigns forever. ' •t _ 77r,na 1k36�0 �ac� 92 . 211D Ihq said party of the first part covenant a. as follows; li . ' ,.. ,• .' 'bar '• , . , , • "' • .' � ' What the part of the first part `44 seised of,the said prenjFses fA le q simple, 1 `' and ha a goodIOWA right to convey the same, -That the part the second port,sha11 quietly enjoy said.p{erNlseq arp f{oq,from Of 11mbranfPs" ,a/QtIC o- Thai Chi 1 •it o the fir "e ' ;I . ,•.. ;• :: Y p t w!!!axgcute`or roan an Pl! f it ar p er y further necessary ajisgn. once of the(it/e,4o said premlfps, ` , �Itt ,—That the part ' of the first'part will forever',warrant th t le'to said premises, the jragl{I,ri'ia compfiangq with Spctloq 13 of tha�f'!ea Law, covepants that the' ' a 4 . grontor wll!face(ve tba coos1401lon fo{thl Convey ;;;o qnd ill hold , � w 1d tba right to receivo;upb copsld•�'..,. , �•• I�' Cratlog as a trust fund he a !!d fir t v {i iR i?p i. s, for the pgrpose o f Paying the cost of the Im rav f n an a P P. ,pmq t d�4 c, the grantor`wlll'�pply'rhp damp Of#to the a went of thq c st f the rn rovem t •efor ! g ypI "i. 4'•i •, �' y.• .P o ! p e!t.4 P as n an rt;. of the 10t01,91140 same for ay+vthar pNrposq,` 1; • to the party ' of the first art ha a her nt s ' ,P, cu o sat h1 e h+nd and aaa!• .the day and'yaar first 099va Jn PrIgavic at; ....�Hur uB1nger) , ........... ................... , ,.....,`...... <`; , . .. - �• ... .........• .......... ,, ....:...............Ip. NO xpAK/ 60P�P @� fir-�,-� >, �gat". s•'t ` ' `, ,�� ,,, 0,g thp. '. G , `'. +clay Qf" `�1 }uhryr 'l1inetccn hNndros!and fifty-14ur� bofora Me Camp - HdRW TAUS 4"E . to atq Own Ago lcaowA to,m tR hp 04e411diy*41 tlescrlbod in,and who execulod,the foregoing'in- struwgatc+nd pcicgowlcd�erl tR +�a [bar hq. pxaculCd Ella sank, � �' Notary Publie-: v IICRMAN SIMON, ' NorAnr ruuua uw.•�I I,>•w• N1AR� '{ 195d• � J Rpaw�A in G�.•y,Cuur.ly .) rA14 WILLIAM FRr ;; 4 ` !�' ., ,•I:i' „r fill t•''' 'S V��'••I;'�u,•,6'.:y,,4JVr;..r_1 yyy i "@ , .�'I ,I' y ,.i , ^l� ' ,i,;7h •rt,�J it II{' ;r , 1 111 .,'4• JULIUS 9LUIVn EFIG,INC.,LAw niAHK PUGLlulll Ii e-' RTATUTORY 'Oil A •'' S i '� 7I nuunownr Arlu 1 nrGTou sr.,Hrw Yuun. I ?rY . ,Warr ntr,Lra' M th 'uil Curanunlx,tnJlviduel, I V i I I t' fl �''• , f , •I, � i I�i�l�f/.vl7JlJlJil6•Pi,GE"-! tU C nineteen hundred i Made lay o/ 04tober, i ! d forty-e gh „'r!rifi Set. ee t JULIUS ZEBROSKI, r siding at Southold, suffl lk County, New.YorA, ' j part ,y of the first pa{t,, and' bB "d IELSIE TAU'INGUi, his-wife, residing at 72-22 Manse j Street, Po es H;tll' , Ruesns County, New Yorli, as tenants by the entirety, ;ilk i i part lea of the second part, i a %ettj,'ithat the party o the first part,in consideration of t, -.UNr ( 1.00)-------TI- pollarTi lawful money of the United States, end':other. 'o d.,and,valddOle•conFIdergtion,,_ i paid by'the,'p as of the secondlpart,does ill hereby grant and release unto the part 1es of the second — part, i, I their heirs and assigns forever, [[ �4at I lot 't.ract, ;parcel or pie a of land sltpeta at Bay, View, in the To',m'of 1;1 Southold,; Qulity or,Suffolk an4 State of New York,Maud being more perti,cularly bounded ' ., , and deser es jollows:- Blial,N 0"at the 'southeasterly`e rner thereof; and beln 'the,norcheasterly corner 11 or lands 1h d€�Y copveyec�'by'.tho pn y of the Qrst part to Allen ehlborg and whltq,i rv- reet point oS' e nn1nE!1 'dlBtant'638.02� from e,intersection of tho_said westerly' f' I l ne"or.`C 'de Lane,and the qorXharlyl line of Hay-View Road measured alon? the westerly,: line of^''e I�d Cedar'Lenec'on.a.pourse'r'unning'S• 26? 05! 3011 W.; running thence in a ; aegepah W ot rly direction and along the norbherlylrl line of lands this dey conveyed yy Juliys.'Ze o 'A11aq .Nlehlberg;' N!� 660 201 W. ,a'gistanee of 265 feet, to a point;' runr►ing t' I a'ln 'e'?getleral`bortherl� direction `and along'other 'lands of Julius Zebroski, ! H. $fjo p t► B.'a tdlstance of 76 f, et to 'a point; runnint; thence in a.general•eric,t- 11 erly°,pir i. nand along other lends of Julius Zebroekl and this day'being conveyed:to Harry,Ta got-'and 6 Si parallal t the northertly boundary ,line of lands this day i' g, — be1tRS'co ed to'Allun1 Wahl6erS, • 66o EOt H. ti distunce of E65 feet to the westerly,'' line}pf e`d r ;yang+,runniM-thence i a general southerly directicn alca(, the west. l : {, I �A• erIy.iI' Cedar Lena'S'.^Pb? 051 On lti'. a diatui,ce of 75 feet to the'polnt•or place of , TOq" H H';witr� 911 t►le inlg0t, t tle and inteilest,or,tt;e party or tilu firint pert, C.r„ , , ,�., I•, •, • .. 'fir'',' � I\\I`` d6 -}',•^ '.�" •�•!€ r.,3. F .',� . I III{..•,I. . ' IIIfr ,''li:.,l•'. °;, Ili ulii LC- Cet,al` Lane lylctt; in front of and adjacent to qhe said premises and to canter lip;, thereof. J I II ,. 't ''•',.'- ',I' TOO L,T]lEh with a right'-of-way i"or ingress and egret to Coreyts Creek Niieadi •�,f 4n` - T li Viov foud to Coroytrj Crupk and runn1n6 along the la•n�de of Godfrey Koka Est d lt�nda or*Bolen J. Fink and beine'one (1)"rgd in wldth said right of way more p pti. culurly running along trta wezt4ly;l1ne'of the lands no or formerly of a rrO, Qk N. 25. 0 loll W.'a distance of 4't9.87 feet to the o t easterly � � �r f,.' t'•'}, n r carper, of,the•1 ��`,oT• '!��I. as�`i� ,, •;4 Helen Fink; thance'runnirn-g alonf ttte northerly.side,of �ald lands of Helen;Fink I Bo' :fall 47. L. distence of 50 feet t fence alo e e a � A?'• � ng t h K' atarlyl ids of said lands of H i L gil Pink;',-,jj (3 a ?1J' L�. a"dlsta t 1Creak'— j— nee of 1q0!feet, moro or leas, to orey a Creak' t I y;a;••_,.•.: >.. '1 , ' I , ' ,I' . ,I 'I,!- '-n•' � .t li. ,'„ fr7;�i.'';��4'ir;^r. .• I•I ,'• v{}:1,,.;;lip. :i,j gm .I 'I � ��,! ..';. •all!{I,ir(" •�� Di .. I � •I.: 'Iv .�i ! I` .(•14'?..ii'PI.„r '�t� ' •1 i !r.' 1 it• '. X Gget!►e with the appurtenances and all the estate and rights of t to party , of the first+part in and to said T0,1MU.",idle t9l'balD the•promiscs herein granted unto,the pa!t feu of the second part,i their neirs and t{ssi Ic'l orever.'. a � v -71 'cl11� thc!sn/r p'art y of'tha first part c venant s as follows: JJ ; That the;part,'y, of the �+rst,part IBI 1: ' seized of ithe said premises'in fee simple,, #0 Jle 'a I right to convey the same, ! ; .r-That(the part,1es, of th second part shal/'quietly enjoy the said premises; 1' That it said.premises are !free ftomincumbrances; f0 —That the part y of the st part will execute or procure any further necessary assurance,.,,^;i„, ., of the„fit q� o said premisesf; That the'party `of the ust part will forever warrant the title to said premises. it M.—That the grantor,in comp/( nce with Section 13 of the Lien Law,covenants that the grantor WJli;"teeef 4't a consideratlop for this con yance and wilihold the right to receive such consideration�as`° :I a' r trtttt'�d'd It be applied first for'the pure se of paying th I cost of the improvement and"that the gfiantW'' ! } �111 apply t� same'Jrst to tho,'payrgent o the,cost of the limprovement before using any part of the total I =of the sa e,f r'any,outer ppipose. , I 1 ' -x (tip •? , �� e� 1 - i., • bereOp''the pa„t Y.' of tha first part ha sl hereunto set his .i hind, qn 11 I ttie day and +ear'first ab ve written " s» PC t tt. { r , .................................. ........................................... i .:.....................................................................................L. S.r , ,` I ... ^j• III ,r'Y i:,' ,.I� ' ` a r. �_ ' �'t i ;i. ° S. � .. _' r i h i?==~ �1ay al Octo et•) nineteen hugdred°andfoM:1' eight; ''' fk:I" before cmR' UGIUS'258RU T, ;; ,1 • ' t `'.a'..„' „ lira . '•'• r. .;'�-. `rx'f t`. ;� ,- ;,, , I ,. ,�`," ' , McT4'b and'known'to mo°to be thcl individual described In,,and who executed;the foregoing instru Pp� ment;!s 11'u nowledged'to me that` he xecuted the ° ® l RECORDS { q '•Jlsh °i": t„+.,,:.r C''' ' '• -' •mow :�., '_ :. �. .rli;'.,�1� .i'•1�.i'°"' 'Q�l ' ,� C.� / // Ire°!'!II ? 1.� 'I'r:;i'�. at+'''G•�a;�Y.,r-Y-' ',,,., k ! �III� Mr + � l / �f l�i,l,GY i9111i."!1.. r'r('.:!f:fYr 101(h„ .;y:'S3 , r,• y• I ' , ',}:, i{;!. !A, f, �' HUGHESC'rt K O� AA OOU Al. "A!, 1:' c- DEBORAH DoTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 P FAX 516-734-7702 1; � '" "f ➢ § 516-734-6648 !� B 2 31.� 8 ?? February 20, 1998 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Waiver of Merger: SCTM # 1000-78-7-38 & 39 (Leonard a/k/a Peck) Dear Members of the Board: On the application for a Waiver of Merger, Applicant's Reason#2 states in part that there are approximately 15 lots on Cedar Drive and that lot #45.1 is excluded because it fronts on another street. Because the entrance for lot #45.1 is from Cedar Drive, this letter is to serve as a correction to Reason#2 on the application. That lot with approximately 31,031 square feet is the third largest lot on the road. For the Board's convenience, submitted herewith is a revised copy of the reverse side of the application with the corrections indicated. We regret any inconvenience this may have cause the Board. Respectfully submitted, Z:�_ Deborah Doty Encl. DD:bdr A APPLICANT'S REASON#1: The two lots were purchased the day before the applicant and her late husband were married in 1974. Care was taken to insure that the lots would remain separate. Lot#39 on which the house stands was purchased in the applicant's name and her husband's name as joint tenants. The vacant land(lot#38)was purchased in the applicant's name alone. The applicant and her husband wanted to keep the lots separate because they considered the vacant lot as their retirement"nest egg." They wanted to be able to sell that lot in the event that they needed money during their later years. The lots were maintained as separate entities throughout their almost 22-year marriage. On March 26, 1996,Alexander Peck passed away. Because the house lot(#39)was in joint names with right of survivorship,Mr.Peck's ownership interest in that lot automatically passed to the applicant upon his death and the applicant became sole owner of lot#39. The applicant continues to own the vacant lot(438)in her name alone. The applicant recently spoke with her new attorney about preparing a new will and possibly selling or bequeathing the vacant lot separately from the house lot. At that time,the applicant first learned that,despite careful efforts to maintain the two lots as separate entities,the two lots had merged pursuant to the provisions of§100-25 of the Town Code. As a result,the applicant no longer has the option of selling the vacant land should she need money to live on during her lifetime. APPLICANT'S REASON 92: Of the approximately-1316' lots on Cedar Drive,only two lots are vacant;to wit: the applicant's vacant lot#38 and lot#5. All of the other lots(including the 7 smaller lots)already are developed. Inasmuch as the neighborhood is almost completely developed,the waiver would not result in a significant increase in density. Using the dimensions printed on the Suffolk County Tax Map,applicants lots as separate lots are the 6 h- t Tn and 8"largest lots in the neighborhood. In fact,there are six lots with areas of 12,000 sq feet or less. #42 = 53,000 sq ft #37 = 19,875 sq ft #36 = 36,570 sq ft #1 = 15,840 sq ft #45.1 = 31,031 sq ft #2 = 12,000 sq ft #40 = 30,475 sq ft #3 = 12,000 sq ft #41 = 26,750 sq ft #6 = 12,000 sq ft #5 = 24,000 sq ft #7 = 12,000 sq ft #39 = 19,875 sq ft #8 = 12,000 sq ft #38 = 19,875 sq ft #35 = 10,800 sq ft Accordingly,the size of the two subject lots as separate parcels is wholly consistent with the size of the other lots in the neighborhood. It is not envisioned that there will be any significant change or alteration of the natural details and character of the contours and slopes of the lot. There would be no substantial filling of land affecting nearby environmental or flood areas. As stated above,if a waiver were not granted,applicant will be deprived of her ability to sell the vacant land separately if she should need money during her retirement. Rather,she might be forced to sell both her home and her land. The denial of a waiver would impose substantial economic and emotional hardship on the applicant. I Not included are ,#30.1 (22,880 sq ft)and#29(20,800 sq ft)which front on other streets. DEBORAH DOTY J ATTORNEY AT LAW �l pl 670 WEST CREEK AVENUE t E0.BOX 1181 CUTCHOGUE,NY 11935-0876 FAx 516-734-7702 _ 516-734-6648 311 February 6, 1998 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Waiver of Merger: SCTM # 1000-78-7-38 & 39 (Leonard a/k/a Peck) Dear Members of the Board: In response to the Board's request, Colin Van Tuyl has advised that the date of the survey is June 20, 1963. Respectfully submitted, Deborah Doty Encl. cc: Ruth L. Peck DD:bdr APPEALS BOARD MEMBERS , SlafFO(�c0 ~ Southold Town Hall Gerard P. Goehringer, Chairman c c 53095 Main Road James Dinizio;Jr. w P.O. Box 1179 Lydia A.Tortola O Southold,New York 11971 Lora S. Collins 41- 10� ZBA Fax(516)765-9064 George Horning 1 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER=DEPARTMENTAL- MEMORANDUM TO: { % } Planning. Board { } Building Department { } Town. Trustees FROM: J. Goehringer, Chairman, Board of Appeals DATE: February 23, 1998 R SUBJECT: Request for Confirmation of PB Action History and Preliminary Comments Please .confirm whether there is any history of action(s) by the Planning Board for the property identified below, or any part thereof- 1000-78-7-38 and 39 currently of R. Leonard 1000-110-6-11.2 and 5 currently of M. Spiro and others 1000-70-2-8* currently of T. McCarthy 1000-35-1-8* currently of T. Petikas� 1000-61-3-23* currently of Tonyes Realty Corp. - Also, please furnish communications of record that applicants* may have had with respect to the general site plan -1 ayout and possible changes to parking location discussed or any other areas which would assist in this planning project. Thank you. Enclosures: Copies - of preliminary maps for, the above applicants*. BOARD OF APPEALS; TOWN OF SOUTHOLD ; ---------------------------------------------------------------------x li; f 7 IN THE MATTER OF THE APPLICATION ? —OF RUTH LEONARD (Appl. No. 4541) ---------------------------------------------------------------------x AFFIDAVIT OF MAILING STATE OF NEW YORK ) -' ss.. COUNTY OF SUFFOLK ) I, Deborah Doty, residing at Cutchogue, NY, being duly sworn, depose and say: That on the 13'h day of February, 1998, I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assessment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address SEE EXHIBIT A Dated: February 14, 1998 DEBO DOTY Swo to before me this , day of February, 1998 1- 4�'14 e �" ' otary blic JU DY L OKEEFF Notary Public,State of N�.W York No.30-4900952 Qualified in Nascau County Ccmmiflslon Er.PirC`r-PAiy 13,13 4 a EXHIBIT A 1000-78-7-32.2 Andrew K. Lutkowski 305 Smith Drive South & Deborah A. Horton Southold, NY 11971 1000-78-7-32.8 Paul & Sara Glantzman 292 Waterview Drive Southold, NY 11971 1000-78-7-37 Leslie Gazzola Cedar Drive P.O. Box 722 Southold, NY 11971 1000-78-7-40 Steve Cherov 565 Cedar Drive Southold, NY 11971 1000-78-9-5.1 Robert L. Gazzola & wf 27 Manistee Lane East Islip, NY 11730 1000-78-9-6 Delmar & Constance J. Nuhfer Cedar Lane Southold, NY 11971 i Z 096 295 837 Z 096 295 836 _ � Z 096 295 832 R Receipt Postal Service US Postal service t for Certified Mail Postal Service ecei t for Certified Mail Receipt Receipt for Certified Mail p p -^-"-----^-----•--• _ I Nn Inanranrw Cnvarano Prnviriarl Robert L. Gazzola & wf Steve Cherov Paul & Sara Glantzman 27 Manistee Lane 565 Cedar Drive 292 Waterview Drive East Islip, NY 11730 Southold, NY 11971 Southold, NY 11971 Postage $ .- 3 Postage - - - $ 3, rrfi $ 0 Certified Fee / Certified Fee - Fee Special Delivery Fee Special Delivery Fee Delivery FeeRestricted Delivery FeeRestricted Delivery Fee Restcted Delivery Fee Return Receipt Showing to 4I' Return Receipt Showing to rn Return Receipt Showing to 1�J� u Whom&Date Delivered ��Cj�QC Who &Date Delivered - Whom&Date Delivered � .J;A _ Retum Receipt Showing to o n Return Receipt Showing Ap r;IUi?U��L n Return Receipt Showing to om, Date,&Addressee's Addr s Q Dale,&Addressee's Igg, ,�-� 'A Date,&Addressee's Addr '\ ® r �O TOTAL Postage&F es :$� 0 TOTAL PostagJ&Fee $ O TOTAL Postage&Fe00 s a O Tt g �N (Postmark or Date - - cr) Postmark or Date Postmark or D to 19 �" ri aLL LISPS 119g5 USp g35 U) S1i IM- eA t Z 096 295 838 Z 096 295 833 1 Z 096 295 831 US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified (Mail i Postal Service ,. rtified Mail Delmar & Constance J. Nuhfer Leslie Gazzola n Incuranca r-womno Prnvirlorr Cedar Lane ndrew K. Lutkowski Southold, NY 11971 Cedar Drive P.O. Box 722 Deborah A. Horton Southold, NY 11971 05 Smith Drive South { - louthold, NY 11971 Postage $ 3 Q- Postage $ _ _ $ - - Postage Certified Fee - 03 Certified Fee Certified Fee '3 Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee LO Restricted Delivery Fee rn Retum Receipt Showing to Retum Receipt Showing to _ Whom&Date Delivered Whom&Date Delivered � Return Receipt Showing to a Ret rn Receipt Showin Q Retum Receipt Showing to Whom, Whom&Date Delivered Q Date,&Address 1 Q Date,&Addressee's Address i Return Receipt Showing to Whom, O /d O L Date,&Addressee's Address -s"�-- - O TOTAL P ste ees O TOTAL P`osta'- eel' ��-' a�� a ®(l %°uv� e p c'� Postm or to Cl) Postmark o Date t `�" D TOTAL Postage&F7 F E B 13 1998 \ Postmark or Date I a a co F f 3 :�� 1998 FIB 199� ti U) OFFICE OF BOARD OF APPEALS 53095 Main Road. Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ February 10, 1998 Deborah Doty, Esq. 670 West Creek Avenue P.O. Box 1181 Cutchogue, NY 11935 Re: Application for Variances (Leonard and Spiro) Hearing Date: February 26, 1998 Dear M&—Bcty: . Pease find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue ' of the Long Island Traveler. Under the requirements of Chapter 58 of Town Law, we are. requesting that notices of these hearings be sent at this time by certified mail, return receipt requested, to the , all surrounding property owners. These mailings should be. postmarked by 2/16 and fory.arded to all owners of vacant or improved land across streets and along sides abutting ',the subject land. Please also post the signs (delivered separately) within ten (10) feet of the front property line, facing the street, for a period of seven (7) days, starting 2/18 or earlier. If the sign is worn or removed due to adverse weather conditions, please stop by, to pick up another sign. The sign is required by code to remain for a full seven days.) Once you have received the green cards, please return the following: a) completed Affidavit of Mailing and Posting: b) postmarked receipts from the post office showing the date you mailed the notices by certified mail; c) green signature cards once they have been received (you may return these to us during the hearing, or before). Page:.2 - February 10, lay8 Re: February 26, 1998 Notice If you have questions, please feel free to call. Very truly yours, Office of the Z Enclosures (copy of Ch. 58 & legal notice) lnag.98/appl.In Fax and Regular Mail 73,f '���� y LEGAL NOTICE i SOUTHOLD TOWN BOARD OF-APPEALS . COUNTY OF SUFFOLK `.THURSDAY, i STATE OF NEW YORK ss: ='.'FEBRUARY26;-1998� NOTICE`- IS;',HEREBY Patricia C. Lollot, being duly sworn, says that GIVEN,pursuant to.Section-267- of the T6G.taw.and the Code j she is the Production Coordinator,of the TRAV- . of the'Town_ofSouthold the fol ELER WATCHMAN,a public newspaper printed lowing,applicatioa will beheld. at Southold in Suffolk Count •and that the no- .or:�publie:-li'earing,;by'the y� SOUTHOLD TOWN BOARD tice of which the annexed is a printed copy, OF APPEALS:=at:thexSouthold has been published in said Traveler Watchman Town.Hall;;53095!',Miiin Road, '> Southold;.New'York`1:197.1;:on: once each week for THURSDAY°FEBRUARY 26. / 1-998 atthe.timenotedbelow'(or. ..................................................................... .weeks as:soon thereafter-aspossible)' --mmonring nn the (C� 635pm.aA '1 "'IVo°4'45 air e car`accessory garage; deteimn?ationb —,RON'ALD�b7"=":'YEDLAUT>_ e " YTo Attorney: ;.=iiig persons:-Also is'a scul`t re SCHNiG 'Request for Variance. which=reads as'follows "::.Una` which states that hots are not ex=• �''excepted undei=Section'100 230 regarding."as built":(existing) der, '- e IIIA,'Section I00=• . cepied:::",I ocation of Property.:`:..':un er'_'Exemptions,';'or`do_tlie location of,open,deck:addition, 30A.4 accessory buildings.are to 340 Glenwood Road and:295 height,,limitations of. Section for'which•:an-.application for:a' - q EastRoad,Cutchogue.CTMLot "' 100-33.,apply.?" be located in the required.rear _ buildingpemiitwasdisapproved . Yard Since SCTM#10000-14 11.2.of.40,000-s:f.-has•a.1979. . ::: 7:40`p.m.Appl:-IVo:'4466- by;the.building-_iiispector.on 2-10 and #1000-14-2-1-1 also .' aPprovalunderBoardofAppeals HAYI.IARBORCLUB.Fishers January 29,1998 and which Dis-; known as Petty Bight Subdivi- #2554.(Moeliious Associate_s ;,.Isiand,'continued hearin 'at 7e- MinorSubdivision "I- g . approval reads, follows:."...un;. Sion Lots 12 and 13 have been ); :. ;_ quest of applicant s attorney: =' der Article XXIV,Section.100-- merged.as per owner's re ues 7:05 p.m..App1:-.Nb:4543•- . _-=8:10 the ro os q .ALICE KON'TOKdSTA."-Re= WILLIAM and PATRIGIA 244B:for nonconforming lots, P P ed free-car accessory the.'as built',deck addition-will- garage with storage above is 10 quest foraVariance based.upon MOORE as contract.vendees have a rear:,yard setback"at cated in the side yard ofthe'prin, the Building Inspector's becem== Request for.Special Exception 2T6"+= Lot-areas of.20,000 to cipaldwelling:Locationofl'rop-.:._her 24;'1997 Notice of Disap=: under Article IX,'Section 100- 39,boasq.ft.require a rear yard ertY:•1275 Bight Road; Orient;, •Proval which states that"...appli 7,1B(2)forprine.ipal offices(pro- setback of 50 feet.,The existing County Parcel 1D 1000-14-2-10 ;cation dated November 17,_199..7 fessional and business)at 51020 dwelling.has a present noncon for a permit.to,replace an exist-,..:. 'Main-�Road,'-Southold,.`NY; and 11,Lot size:85,115 s.f. forming setback of42 ft.:+- Ac- 6:55 p.m. Appl:No:4541= mg dwelling is disapproved oq;. 1000=70=2-8.`Zone District: lion required by the Board of Ap- 'RUTH LEONARD. Request for the following grounds:.the exist. Residential-Office. `= peals...",i ocation.of Property:, a Waiver under Article II; Sec- mg nonconforming building coii- SS'y1�,5-p.m:`Ap" No:`4536- 250-Jemick lane, Southold. tion• 100-26 based upon.the ;'taming a nonconforniirig'use if'. INDEPEN.D T~ GROUP County Parcel ID 1000-70-3-17.. Building Inspector's Janu 7 damaged by fire or other causes" HOME L G.PROGRAM ro ' to the extent of more than fi INC. . Lot-'size:20,586s.f. ..;:; ;. " _'; . 1998 Notice'of Disapproval: y. (V rb im,portion_was •6:40 p.m. Appl'.No: 4546-` which reads as follows:"...Both percent (50%)"of its fair value conclu d on 1/ /98.Proposed HERBERT'SCANNELL and' Parcels_being located in an R40 shall not be repaired or rebuilt Res tion.to,clos the written SARAN REETZ. Request•for, Zone:Tax Map#1000-78-07-38 unless such building is made sub- po ion of d is redo - .-51550 Variance based upon the Febrd-` and 1000-78-07-39 are merged. stantially to conform--to,the .. Road,Southold;-NY; 1000- ary 2, 1998,Building inspector's These parcels do not meet with heightand yard requirements of 61=3=1: = " • - Notice of Disapproval(and Stop the-exceptions as specified un- the bulk schedule,Article XXIV; TheBoai dof Appealswv latsaid Work Order)regarding pending, der Article II,100-25C.a:See at- Section�100-242B-1_ (Ref all time and place hear any an all per= Building PennitNo.2447IZ and Cached determinations by"Town setbacks under 100-244.and 100- sons or repn�entatives'desiring to reconstruction and replacement Attorney:::'1755 and 795-Cedar 239.4A)-Location-of Property: be heard inthe above application or of single-family'dwelling with' Drive,Southold,NY.- 54155 C.R.48;Greenport,_NY. desmngtosubmitwrittenstatements nonconforming setbacks;Article'' 7:00.pm.-Appl.:No�4540- Parcel ID#1000-52-1-2.: before the hearing ends.The hear- XXIV,Section100-242(ref.'set-. MELISSASPIRO:Requestfor : ;`: l '_ ' ' ` °" ing will not start earlier than desig- backs under Section 1'00=244B) a"Waiver,under'Article II,-Sec=• 7:15 p.m.Appl;No:�4537=. na�•The file is available.for re- of the Zoning Code.Location of tion-100"=26`based=upon 4the REQUEST BY SOUTHOLD viev�',.during:Town Hall business Property: 955 Cove Circle building Inspector's January 6, TOWN BUIL Y- DEPART- h0�(84pm•)• fyou have ques- and nport17 as on' #1000-49-1-16 1998-Notice of Disapproval MENT dated January 6, 1998 lions,please do not.hesitate bo call and 17(as one lot)'Lotsize:.69- which reads as follows:-:'.:.Both ; for"Generic Town-Wide Inter- 765-1809. "�' "- r of an acre. parcels being located in an R40 :_ pretation"with the following -.-Dated:February 10; 1998. ' 6:45 p.m: Appl. No.4538- Zone,Tax Map Numbers 1000- questions: . Is a sculpture a BY ORDER OF THE MICHAEL RAND:Request.foe 110-06-05 and 1000-110-06- "building"underthe code Deft _ SOUTHOLD TOWN Variances based upon the De-. 11.2 are merged.-These parcels = nitions at Section 100-13,since BOARD OF APPEALS- cember 29, 1997 Notice of Dis- do notmeet with-the exceptions. -; a sculpture does not have a roof GERARD P.GOEHRINGER, approval regarding a building as specified under Article II, and will not be intended for shel- Chairman Permit application to construct a 1.00-25C... Note: See attached ter,business,housing or enclos- 1X-2/12/98(19) t . 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 : gLOL R, Pm,- K DATE OF PUBLIC HEARING : TI)u r.s , Ti!'06o z4 , 1 99 4? 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 9TOWN OF SOUTHOLD • (51 f) 765w1 809 - OG ELIZABETH A.NEVILLE �`Z`o .yam Town Hall, 53095 Main Road TOWN CLERK ® 1 P.O. Box 1179 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #454fRuth L. Peck a/k/a Ruth P. Leonard DATED: January 23, 1998 Transmitted is an application to waive merger, with includes a letter from D. Doty as representative of applicant, Notice of Disapproval from the Southold Building Department, Questionnaire, Transactional Disclosure Form, Ms. Doty's letter to Building Department dated December 12, 1997, tax bills for the two parcels, tax map, the current deeds to the two parcels, deeds prior to 1957 for the two parcels, copy of the single and separate search prepared by Commonwealth Land Title Insurance Company. Crs. Elizabeth A. Neville Southold Town Clerk DEBORAH DOTY ATTORNEY AT LAW 670.WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 FAX516-734-7702 ! `" 516,734-664.8 7l ' January 23, 1998 BY HAND Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Waiver of Merger: SCTM # 1000-78-7- 38 & 39 Dear Members of the Board: I represent Ruth L. Peck (a/k/a Ruth P. Leonard). Enclosed please find the following: (a) Application for a Waiver under section 100-26; (b) Notice of Disapproval from the Southold Building Department; (c) the Questionnaire; (d) Transactional Disclosure Form; (e) MY letter to Southold Building Department, dated December 12, 1997; (f) the tax bills for the two parcels; (g) the tax map (enlarged); (h) the current deeds to the two parcels; (i) deeds prior to 1957 for the two parcels; 0) a copy of the single and separate search prepared by Commonwealth Land Title Insurance Company insuring the Town in the amount of$25,000.00; and (k) check# 2524 in the amount of$150.00 for the filing fee. For your information, the following documentes&falsoaccompanied my December 12, 1997 letter and should be annexed to the documents transferred to your office with the Building Department's file: (a) the Property Cards; and (b he su rvey. Respectfully submitted, L , V Deborah Doty Encls. cc: Ruth L. Peck DD:bdr 1 APPLICANT'S REASON# 1: The two lots were purchased the day before the applicant and her late husband were married in 1974- Care was taken to insure that the lots would remain separate. Lot#39 on which the house stands was purchased in the applicant's name and her husband's name as joint tenants. The vacant land(Iot#38)was purchased in the applicant's name alone. The applicant and her husband wanted to keep the lots separate because they considered the vacant lot as their retirement"nest egg." They wanted to be able to sell that lot in the event that they needed money during their later years. The lots were maintained as separate entities throughout their almost 22-year marriage. On March 26, 1996,Alexander Peck passed away. Because the house Iot(#39)was in joint names with right of survivorship,Mr.Peck's ownership interest in that lot automatically passed to the applicant upon his death and the applicant became sole owner of lot#39. The applicant continues to own the vacant lot(#38)in her name alone_ The applicant recently spoke with her new attorney about preparing a new will and possibly selling or bequeathing the vacant lot separately from the house lot. At that time,the applicant first learned that,despite careful efforts to maintain the two lots as separate entities,the two lots had merged pursuant to the provisions of§100-25 of the Town Code. As a result,the applicant no longer has the option of selling the vacant land should she need money to live on during her lifetime. APPLICANT'S REASON#2: Of the approximately 15' lots on Cedar Drive,only two lots are vacant;to wit: the applicant's vacant lot#39 and Iot #5. All of the other lots(including the 7 smaller lots)already are developed. Inasmuch as the neighborhood is almost completely developed,the waiver would not result in a significant increase in density. Using the dimensions printed on the Suffolk County Tax Map,applicant's lots as separate lots are the 6' and r largest lots in the neighborhood. In fact,there are six lots with areas of 12,000 sq feet or less. ##42 = 53,000 sq ft 91 = 15,840 sq ft #36 = 36,570 sq ft 92 = 12,000 sq ft 940 = 30,475 sq ft #3 = 12,000 sq ft ##41 = 26,750 sq ft #6 = 12,000 sq ft # = #7 = 12.000 sq ft 5 24,000 sq ft #39 = 19,875 sq ft 98 = 12,000 sq ft #38 = 19,875 sq ft #35 = 10,800 sq ft #37 = 19,875 sq ft Accordingly,the size of the two subject lots as separate parcels is wholly consistent with the size of the other lots in the neighborhood. It is not envisioned that there will be any significant change or alteration of the natural details and character of the There would be no substantial filling of land affecting nearby environmental or flood contours and slopes of the lot .-•,.."�rr..w-n areas. - � PP As stated above, if a.w: ai_v �_er were not t applicant will be deprived of her ability to sell the vacant land separately if she should need money during her retirement. Rather,she might be forced to sell both her home and her land. The denial of a waiver would impose substantial economic and emotional hardship on the applicant. ' Not included are 445,1 (31,031 sq ft),=30.1 (212,880 sq ft)and#29(20.800 sq ft)which front on other streets. ":.rL!k•�=r' f '���_� _ .t;. '-'i[j•i�~r�-�Jl 571YJAH E'ICIT'I E-SO / THE TOWN AT-D-SEY Cl tS \ Q��>> v: f ��1'"ep �!.�q.- }4•(`"r-%`t"Y'c:rd rt7.s w:� �i-� / ;!� r l.. _. �'41 t.` , - .. i=`— •-µ .:'�,.f.i� l ! R.... ,:l° "`ice ����-t_^ .�, �`_..—'t t_-.V:_.'.:�- 1 i " *•`:,k. i "1 VA �/S�4 �✓� I.E. �)�y r. 1 1 c .i ;i 1•.1 t 'f r��.'t `J !,.:.�.!ty'y-,r�J .;1 ��:I� ��...4•b✓_7s vr�: -•1 n .� t U i Co./oupi 'co DEBORAH DOTY A'rTOltW-y A'r LAW 670 Wesr CRUX AVLNUL P.O. Box 1181 CU-rcrroGUG,NY 1 1935-0876 Fax 5 r 6-734-7702 516-7341-6648 December 1.2, 1997 BY HAND Southold Town Building Department Town IIall Main Road Southold, NY 11971 RE: Notice of Disapproval on behalf of Ruth L. Peck (f/k/a Ruth P. Leonard) 655 & 695' Cedar Drive, Southold, NY (SCTM # 1000-78-7-38 & 39) Dear Sirs: It appears that the above-referenced non-conforming lots have merged under Town Code §100-26. Accordingly, enclosed please find Application for .Building Permit and check #2485 in the amount of$25.00. Also enclosed are copies of(a) the Property Cards; (b) the current deeds to the two parcels, (c) deeds prior to 1957 for the two parcels, (d) the tax map, (e) the survey, and (f) a single and separate search prepared by Commonwealth Land Title Insurance Company insuring the Town in the amount of$25,000.00. A house with a Certificate of Occupancy (#Z2650) was erected on 655 Cedar Drive - Lot #39. Lot #38 (695 Cedar Drive) is immediately adjacent to the north and is unimproved. By deed dated May 18, 1974, title to Lot #39 was transferred to Ruth P. Leonard and Alexander Peck as joint tenants with right of survivorship. By deed dated May 18, 1974, title to Lot #38 was transferred to Ruth P. Leonard. Mr. Peck and Ms. Leonard were married on May 19, 1974. During their marriage, the couple maintained the parcels separate entities. On March 26, 1996, Alexander Peck passed away. Mr. Peck's ownership interest in the Lot#39 automatically passed to his wife upon his cleath and she became sole owner of that parcel. Since 1974, Mrs. Peck has owned Lot #38 in her name alone. Nonetheless, although the Pecks had taken care to preserve the parcels as two separate lots, Town Code §100-26 results in a merger of the lots upon Mr. Peck's death. ' Please note that the Property Cards reflect the incorrect street numbers (i.e., 755 & 795). ' DEBORAH DOTY(CONTINUE], ;r Southold Town Building Department December 12, 1997 Page 2 Ruth L. Peck is applying for a Notice of'Disapproval in order to obtain a Waiver of Merger from the Zoning Board of Appeals. If you have any questions, I will be happy to talk with you about this enclosed application. Very truly yours, Deborah Doty Encls. cc: Ruth L. Peck DD:bdr ' QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the i subject premises and' adescription of their interests: (Separate sheet may be attached. ) Ruth r,_ peck (a/k/a Ruth P. Leonard) B. Is the subject premises listed on the real estate market for sale or being shown' to prospective buyers? { } Yes { x } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes { No D. 1. Are there 'any areas which contain wetland grasses? No 2.. Are the wetland areas shown on the map submitted with j this application? NO 3 . Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A I E. Is there a depression or sloping elevation near the area of ! . proposed construction at or below five feet above mean sea level? _N a (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are i submitting? MMP 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 building permit and map as approved by the Building Department. If none, please state. H. Do you or any, co-owner also own other land close to this parcel? NO If' yes, please explain where or submit copies of deeds., I. Please list present use or operations conducted at this parcel #39: one-family resid. ; #38:' vacant resid. and proposed use same „ Authorized Signature and Date —` 3/87, 10/901k ( slow � ok", \ V n a!1 jN lt.rir�R T.R T.G.►�OMS MryJ..d I.L.A.4.tl rl.w..t y.lrt Gs�.r1 AM-I.n.4.d r.csp Wdw(6raV 1ta.r! COusotT TODt LAwyn npoes wo""TNts tftfTt MC1R—TNts isISTtt NIM SNOULD U tess0 Irr LAWTItt ONLY Lxu 7641 P=4?1 Ab THIS I'NDENTUt4 niatte die i/� TT- day of Play nineteen httadred and Seventy FOUr •RwtISP/ 4R;WM H. AltHi"RUSTER i.nd MATHILDA ARKBRUSTER No Number "edr: Drive • Southold, N.Y. 11571 party of the first fart,and RU^,H P. LEON?RD AND ALE:XAN7ER PECK as joint :en�nts with r_ghc of survivars�lE h 3C4 £...st d3 st SLree t 3205 Grand Conco..r se Nei+ Pock, N.Y. 4-ew York, N.Y. 10466 41 party of the sec laid part. J O WITHISSITH, thr the party of the first p.ut. in consideratirni of Ter. Dollzra and other vatubk cur ddcmtlmt Paid by the patty o1 t' second part. don herds g•rnt and release unto the ratty Of tl•e second part,-+or hero err sueceswis-Ad assigns of the party of the second part forever, k ALL tint eruin ppi1nntt pie" or )creel of land, with the hwildings and improvements there s, erected. .. simaee.lying ated 6eingXXM dt Bayv..tw, Town of `outholti, •Zoun-y of Suffolk and State �f New, York, b runcied and d :scribed da follows; $13INNIHG AT A POIAT ON THE NF TERLY SIDE Or Cedar :.arse, b' distant i32.02 fee' northerly from th•• corner formed by the inter-section of the wes:erl-. aide of Cedar ..one with the northerly aide of P.oyview Rr:ad; running thence North 66" 20' 00" Went along land now or formerly cf Allan Whlbert; .265 fctet to land now 3r > e formerly of Julius Zek•roski; thence Ncrth 25' 05' 30" East e3ong ' said last mantiored 1,%nd 75 feet; thence South 66a 20' 00" ::-st t 265 feet to the weaLerly side of Cedar Lane; thence South 25' 05, l± « 30" hest along the we••trerly aide of Cedar Lane 75 feet T.o the: ;oint y* or place of BEGI11NING. Q: r r. 7•, TOGETHER with a z_eant-of-wort' for egress and inrf:taaa to Coref'a .,. Creek leading from Bayview Road to Corey's Creek and running along the lands c•f Godfrey Koko Tstlte and lands of Helens J. Fink and being 1 rod in width, and ri :t-of-way more particularly r'innirtg alone the Meatei'1•y. line. of the lands-now or formerly•of •Golf;ey KGkr, `Safith 25° r':5'' 10" West a distance �f. .I53.87 Peat to:.the••. .• Hurt:heasterly cbrn6r of the linda''of•'Nelei Fink' 'thence ru fnii.g II along the Northe-ly side of said lends of Nolen Fink Worth E6'• !I 10' Nest a distance o52 feet; th•ncrealong the westerly aide of �n said lands of He! r . k 8a 21' Lost a distance of 100 f-et, ! morr or less, to Corey's Creek. !I - II 7'06111NER with al right, title tnd interest, if a,.y of tare party of the first part in and to any strefty sad roads aht.ttin.; -he above desrces ribcd emtus t• the center Irrres tFereof: Tf1GFT1tER with the ap�mrtcmvi and a' the estate and rit its of tht party of the first part in and to aid presrtises: t To HAVE. AND T•1 110I-1) the premises herein gran'd unto the p-%Ity o' flu •scant' part the heirs or suceeron and as gas of -he party of die second pert forever. IIAND the patty of the first pan curmants that the party f the dr►t 1rar, has net done or inifered any- thetsg whereby the maid premirs have bee..encumbered i.t ate way whateter,except u aforesaid. AND the party of the first part, intotrtldivicr with Sectiatl I.t of the I-im Law,covenants UW the pert IIof the first part will receive the amddentlat for this conveyrnce and will hold the right to mxive aw.: jll armdd<ratiun rs A trwt fund •n be applied first for the puil7w sc of paying the Doer of fire an mxarrei.t and will atisrly die some ftti.t in the paymentnr o the coat of the impve*nest before uritgf any part of tlr.total o -the time fort anv .ttxr s, purpose- +..r "old "laity" shall br assured as if it read 'Idrtiei' when•:ver the sauce of this in(kntuit so t requires. s, I. IN WITNESS WHIRROfo t.., part) of 1Le first part fan ddv canrutcd I'll dent d.e da•• sod yewr first tl am" written r IjIto rsysart'r r: 6 r o }I 4p _i• LIBER i li mE 47G �,- STATE OF N`Etdvt'ORK,COUNTY OF 3;;FF :;.K dLt STATE Or NEW YOM COUNTY OF ar r On she day of Ma-, 19.14 .before me I On th, day of 19 before ow I 'elf IArthur H. Annhrt._te-t- vers(nullr came and Hi.thi i dd Arrb?t ur`_e_ to toe known to be the individual deun'bee in and w-hn to rr;tax,wr,tc be the individual described In ud wbo rxecssttd the I hiscr t,and;,,c •vledrej that e,ecu'd by iotumin sank.mormawnt.and admowledged that the tteedd 41, •t t �: - iRAt�.,iEk il.X+f♦�:.,;•((( E 1w i�KY ""ARV►vltic.•.r•r,r N_yo.6 .. -• ...< It No.52•: ..C,w•r A t•r^?ram "� - STATE OF NEW YORX,COUNTY OF STATE OF NEW YOx:COUNTY OF � On the day of 19 before me pmv,ny come On the day of 19 ,before me to me known,who,ben;try me duly sworn,did d and Ptfvwmll)- came 'r tar that he raffia a No. the s�tac-tiving witrxo to the fora°ng instrnatent.wrth whom I a n perxna:i!ecgcainted,who,being W me emly that be is the sworn.d n depose and say um be tesides iK Na Of dw corporation described that h knows in and wlde.%executed the foregoing imtrwnrot-,that be to be Cbr 6 5vidual tanks the teal of said owpeatlon;that the seat-.fixed d_scrilxe m awl who executed the fort;o1-0,butttmm ; to-M frxtrument is such seal:that it war so that he sa;d mt»cn'f+ing witum wa%pleKut•aid saw affixed by order of the board of directors of Bald oonpora- execute the acme t and Gat be.raid wkLt esa. tiau,and tliat 'be siRtted h mme tberrto by Irke order. at the sane.-time subocribrd t none as wirnes•therrto. �l nurton Vith Ceveunt Aaalnat grantoe's %do ELM, • :, Jr-'o A1:TliUR H. "XBRUSTEk 'n 3 r•ol—IM Cm Trutt MATHYLDA ARMBRUSTEP. RUM P. LE O&D and e..aJ�t Atx.r..a.f ALEXANDER PECK srtn-eot►tn taw o�w,er ass at.rtps.t..gtar RETVRx air ton To tasrcwo ear or test teaaso a trtu aasnrrrtn ' tawawtM I I y aMCOUN-11 TnU GUARm-rY I end MONWAGE COMANy__— ARTS P.wort.ESQ. SMS*A AM POAD f IN Nnx BOUT'HCLD.H.Y I1971 4 ' GiAaTu13• I I ar>t.. r _ �.7 � d • ii Ln n [V I IIrr ar we a. AN 1 3.1.al up-Yvo: tun,.i...e • CON1baT TOUR LAWYRR SIMON slstewe THIS INST991111ltllT—TMS 11tMOKM 1140019 N Mits h LAWn"0010 tdSf�7641 t' i TRIS INDENTURE,trade die •7J- day of May ninetee:t hundred aodSeventy your EETWEIIJ ARTHUR If. ARH:FVSTER and HATHILDA ARME'RJSTER No Numcer Ceed.r Drive. Sr`u tflo Ad, N.Y.• 11971 I\' l party of the Rat part,and !e [� RUTH P. 1 XONARD H 304 Cast 4 st Strt-.t•t C New York, N.Y. hparty of the mend part, WITIMSrM. that the party of the h A part, in eousideration of Ten Dollars and other. valuable toa- siderstimt paid by the party of the second part doer Eerrbc grant and release onto the pact] of the second pa.S thz heirs or succagNe and assigns of the party of the w-cond part lurever, I ALL that cr.-min plot. piece or parcel oI hind. sr h t}.: truildut� and nnprovetntxtta therein circled situate.lying I.., Ming)f1CXDIX dt 3ay7iaw, Town of Southold, County cf Suffa: • anti State if New• York Lour.ded and described as follcws : `s 3EGINNING At a point on the wrrterly ait'e t.f Cedar Jane distant ••07 .02 feet northerly from cl - corner formed by the inter— jsection of the westerly side of Ceoa: Lane with the northerly sidr I of Bayvi •w Road; running thence. Nortt. 66' 201 00, West 265 feet I1+ to the:land now nr forn.erly oe Juliut Zebrnski; thence North 25" 051 30" Vast al,,nq the said last mentioned land 75 feet tzi land now c•r formerly of Harry Tausinger; tx.encr South fib' 20e 00" Last. along saia last mentioned land 26! ff•e .: to the westerly side ,f Cedar Lare, :thence Scuth 25' C5' 30" 'west along the westerly side y' all I of Cedar Lane 75.30 feet to the point or place of BEGINNING. �+ + TOGETHER _tn a right—of—way for egress and ingress to Curry's Creek lscding from Bayview Road to Corey's Creek and running along the :ands ;. Godfrey K..ke Estate . md lands of 11 Felon J. Pink an(' :)e:ng I. Rod in wldth, and rig..t—of—way more I particularly runr'ine alone, the Westerly line 7f Qie lands now or r Iformerly of Godfrey Koke South 26' 11" 10" West a* distannce of 459.87.feat to the Kortheasterlf.ccrrei of the lends of He]en rim-, I thence 'ruening'.alany '.Ehe Northerly 'side of .the suld.lands of +I Helen Pink l:orth 86• 30" Weft a •distance of 50 feet;' thenc eiotty the westerly side of said Linda of Helen rink South 18' ? I 21, East a distance of 100 feet, mr,ri ov le-39., to Corey's Creek. l II ITCK;I.'rHER witit ell right, title and interest, if am, ••f ie r. rtv of the first part in and to any streets I and toads abutting the alone de:srnled prcmisn t ilic or trr liar. thereof: TCK',FTIIRI. with the af.pvrtenancts an 3 1 d .11 the estate and rights of the imrty of the Rat cart in and to said premises; II ( HAVE AND —n HOLD the punts• herein granted ^ it, the party of rhr arcmi liart. the heir. q or etkcessors and at dgns of the party of the neon I part h-Lever. 1 !� II AND•the party of die first Twit covenants that the p.tnh of the first Im t Las not done or suQered any thing whereby the se 1,ren16es hz�• been encumbered in env wad what.•cr, except Asaforesaid. AND the. party of the first part, in 'txupliance with Sect;t,n 13 of the Uri Law.covenant%that the party of the fitst part will receive Il.e ctmsfderatfoe. for this cornryance and wt. hold the right to monve au.'h oniniderntion as a trust fun d fi d to be applied fut the pure^ of pa,let the covet o/ the Improvement I1 ■nd•will apply the Sarre ftt.t to the psynt^tA of the :ost n t imptvvrttient before using sny pact of �I the tote:oi the sane f..r any mlier porpn+e. I� The ward ''party" alall br• omslrued as If it read "I,'irtxs" whenever the sense of *life denture an e b requires. I� IN WTTHIMS WHEREOI', 0 .a tl of the first part has duty exetttdeti ills dm. .ae day and -at first 1I above wi•.Sen. � r raaazxrr nr•: f{. ARMaRLISTER Z. u ' i 1 I � a o' I b i 7641 474 STATE OF NEVVOM COEIN1Y OF St fr F O:.K at STATE Of NEW YOPX COUNTY Or Da the f of A-y 197+ ,befu+or. On the mar of 19 befoc:tr.r perwaally came Arthur H. A`':+:hcust.c.. person-illy dne and Mathilda ArmlLrua.ter to m-t known to be the it..liridual J'--xn3-d in and who to nu Imown to be the indi.idual desmlxd in and who ttwtted the f"-okn<in tnunem,and uhTrowledrd-tut eaecutto the f ttg-vtre—'ent.=,d achrowf.�that Canted the saw- e:ccaud the mme. STATE Of •n it a in..l+tr'ta IAA;g r�:itEvJ iukY, 17 v RUDOUryt H.rRLFR Y.1.7 HbrARY►U1t S�.y:l N..•YmL L I rqa(� Ga.t.,...•t r i STATE O'r NEW YORK,COUNTY OF STATE C:NEW YORK.COUNTY OF w.: On the day of l51 ,before me Un the day of 19 ,before we care per+ouod'-came to known,Jstho luring by ttte it, sworn,did lcptse and the sulu num wit mas to tht WrtVinz instrtmxat. with tray fiat he re�des at I.. I whom I s rs Imam ly acgatatntedt whso being duly the he is fhe sworn.did depos-sad say that he tQ-- of otK hat %W I.".% the ponetlon described In and%thick,ettecated the fo.'egning inrtrmnent;that he is be the inlividaal know: the seal of sahl corporation:that the seal affixed dncrled in and who execute d the forrVing instrtanmt: M said instmaseat is sunk comwate seal:that it was so that he,said subscribing wh rm%refs be and saw Affixed by coder of the hoard of director r..f r.'d evrpom- execute thr qwm:and'hat be aid witaesa. tion,and that he sirrwd It name thereto by h'k-o^'er. .t the tame time subacrtibrd h natr- is witness thereto. i Namain Enid 6dr Errh u�a. Inth CaYenant Apbnt Grantor's Acts nncx Int,a Iva. 7 A[-- 571L LA;r ctt ►m� ��U�t� ARTH'JR H. MUIBRUsTER at I c(tt-TrY OR Y.nt^t Y.ATYILDA ARMRRUSTER /7� TO .7 RUTH P. LEONARD Rr...4 ata atttt-COtPM 71%Gsrmitr set Me tw Co-ow RSM-11 Rt KML'M stata.aG IOaa a IatITOt[tOao p tEtt spawttRl ata.awt to _ I LY['SA-coo n TmE GU%RANTY I.L.1-171 RTS T'.EDSON,ESQ. and MORTGA VF 6:t7^) MIN ROAD t �. 80Z MOM A.Y. 11971 I pW(f iM t927 l$f Rt 14W YM zip tr., _J :7 r� i , O a rti • . � r APPLICANT TRANSACTIONAL: DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town oL-ficers 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: Peck, Ruth L. (a/k/a Ruth P. Leonard) (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 Change of zone Approval of plat Exemption from plat or official map Other X ( If "Other, " name the activity . ) Waiver of merger 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 K 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 . r t 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, (wlle, the applicant is not a corporation ) ; C) an officer , director , paiFtn;�r , or employee of the applicant; or D) the actual applicant . DESCRIPTION Or RELATIONSIIIP \, Submitted this day of Jan 199 8 Signature lla �-A_ C_._ Print n a m e Ruth.L. Peck COMMONWEALTII LANL) TITLE INSLIRANCI: COMPANY 177 Ol(l Comm-), 1?oml I l?iverhead, N)' 11901-0203 516-727-7760 fax 516-727-7818 Commonwealth coo � � • COMMONWEALTH LAND TITLE INSURANCE COMPANY' does hereby certify to: Deborah Doty, Esquire THAT it has caused a search to be made in the Office of the Clerk of the County of Suffolk, in the State of New York, against the premises described herein and premises adjacent thereto on all sides from 5/18/74 to date to ascertain the fee chain of title respecting said premises described herein; and the premises abutting since 9/14/82 and has found only the returns as set forth herein on the following pages as they bear on record title; and DOES certify that "the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein." THIS Company's liability is limited to Twenty-Five Thousand ($25,000.00) Dollars for negligence only. NO policy of insurance is to be issued hereunder. COMMONWEALTH LAND TITLE INSURANCE COMPANY CATHARINE KING Title Officer Title Number: RH97 1760 Dated: 10/29/97 SINGLE & SEPARATE SEARCH: TITLE NUMBER: RH97 1.760 CHAIN OF TITLE FOR SUBJECT PREMISES: 1000 - 078.00 - 07.00 :- 038.000 039.00O. Arthur H. Armbuster and. Dated: 5/18/74 Mathilda Armbuster Rec'd: 5/22/74 to Liber 7641 cp 473 Ruth F. Leonard ---------------------------------------------------------------------- Arthur H. Armbuster and Dated: 5/18/74 Mathilda Armbuster Rec'd: 5/22/74 to Liber 7641 cp 471 Ruth F. Leonard and Alexander Peck, as joint tenants with right of . survivorship -------=--------------=------------------------------------------------ LAST RECORD OWNER STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) CATHARINE KING, being •duly sworn, deposes and says: That she is a Title Officer of Commonwealth Land Title Insurance Company, That the above is a true Chain of Title of the subject premises as shown on the variance search under the above captioned title number. Riverhead, New York COMMONWEALTH LAND TITLE INSURANCE COMPANY Sworn to before me this. , ByCMWXL1L0L I day of 19 Q`1 CATHARINE KING Title Officer OT Y PUBLIC JANA AA, PRINDLE Notary Public, state of New York No. 4911757 Qualified in Suffolk County Commission Expires November 16,19 99 SINGLE & SEPARATE SEARCH: TITLE NUMBER: RH97 1760' CHAIN OF TITLE FOR PREMISES ADJACENT NORTH: 1000 - 078.00 - 07.00 - 037.000 Mary Tausinger, as surviving Dated: 8/24/81 tenant by the entiret"y • Rec'd: 9/17/81 to Liber 9071 cp 13 Leslie Gazzola and Stella Gazzola ---------------------- ------------------------------------------- Leslie Gazzola and Dated: 12/26/95 Stella Gazzola Rec'd: 5/22/96 to Liber 11767 cp 094 Leslie Gazzola ----------------------7----------------------------------------------- LAST RECORD OWNER CHAIN OF TITLE FOR PREMISES ADJACENT SOUTH: 1000 - 078.00 - 07.00 "- 040.000 Oda Wahlberg Dated: 9/9/77 to Rec'd: 9/14/77 Steve Cherov Liber 8307 cp 152 ---------------------------------------------------------------------- LAST RECORD OWNER CHAIN OF TITLE FOR PREMISES ADJACENT EAST: "CEDAR DRIVE" ---------------------- ----------------------------------------------- LAST RECORD OWNER Riverhead, New York COMMONWEALTH LAND TITLE INSURANCE COMPANY Sworn to before me this By: 1 64 day of 19 C1 I CATHARINE KING A,t12_ Title Officer OT Y PUBLIC JANA M.PRINDLE Notary Public,-State of New York Na.4911757 Qualified in-Suffolk County QQ Commission Expires November19y9 SINGLE & SEPARATE SEARCH: TITLE NUMBER: RH97 1760 CHAIN OF TITLE FOR PREMISES ADJACENT WEST: 1000 - 078.00 - 07.00 - 032.008 County of Suffolk Dated: 9/14/82 to Rec'd: 10/26/82 Julius Zebroski Liber 9261 cp 76 -------------------- -- ----------------------------------------------- Julius Zebroski Dated: 6/14/84 to Rec'd: 6/21/84 Robert Waddington Liber 9586 cp 384 --------------------- ------------------------------------------------ Robert Waddington Dated: 4/28/88 to Rec'd: 6/28/88 Joseph Macari, Jr. and' Liber 10632 cp 356 Alfred Skrzypbcki ---------------------- ----------------------------------------------- Alfred Skrzypecki and Dated: 6/27/89 Joseph Macari, Jr. Rec'd: 11/14/89 to Liber 10965 cp 109 Kit Realty Inc. ---------------------------------------------------------------------- Kit Realty Inc. Dated: 8/20/90 to Rec'd: 8/29/90 Paul Glantzman and Liber 11128 cp 377 Sara Glantzman, his wife ----------------------t RECORD OWNER STATE OF NEW YORK) ) ss:• COUNTY OF SUFFOLK) CATHARINE KING, being duly sworn, deposes and says: That she is a Title Officer of Commonwealth Land Title Insurance Company, That the above are true Chains of Title of the adjoining premises as shown on the records of the Clerk of the County of Suffolk and the variance search under the above captioned title number. Riverhead, New York COMMONWEALTH LAND TITLE INSURANCE COMPANY Sworn to before me this By: cI�— VL> I 1 5+ day of -D ei�- 19q CATHARINE KING Title Officer 1#Y PUBLIC JANA M.PRINDL.E Notary Public, Statr of New York NO. 491 1 757 Qualified in SIaifnik County Commission Expires Novembor 16,19 9